Header graphic for print
New Miami Blog Insights and Commentary on the Gateway City's Expanding Global Significance

Category Archives: Litigation & Arbitration

Subscribe to Litigation & Arbitration RSS Feed

ICCA 2014 Miami Conference Coverage

Bilzin Sumberg attorneys Joseph Mamounas and Rafael Ribeiro participated in a blogging event from the ICCA Conference this week for the Kluwer Arbitration Blog. The Kluwer Arbitration Blog (KAB) is a publication that provides information and news on international arbitration.  They gather leading experts from law firms, arbitration institutions, and academia to report on the latest developments in the industry. On April… Continue Reading

ICCA Congress Cements Miami as Arbitration Hub

Every two years the top international arbitration professionals and legal scholars from around the globe gather at the International Council for Commercial Arbitration’s Congress, or “ICCA Congress,” as it is commonly known, to discuss the latest topics and trends in the field. For the first time since the 1980s, the ICCA Congress returned to the… Continue Reading

Miami Now Go-to Destination for International Arbitration: Part 2 of 2

Recently we reported on the creation of an international arbitration court in Miami, and the myriad benefits that it will bring to the local judicial system as well as the many corporations that conduct business in Miami. In this post, we will discuss what kinds of disputes are eligible to be heard by the International… Continue Reading

Court of Appeal Reaffirms Ruling Making Condominium Association Foreclosures More Costly

Last week, the Florida Third District Court of Appeal dealt the final blow to an often-used strategy by condominium associations. In the second iteration of Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D13-1437, the Third DCA confirmed its prior ruling that a third-party purchaser who takes title to a condominium unit… Continue Reading

History Repeats Itself at the Mouth of the Miami River

Ten years ago, attorney Michael Kreitzer represented a developer who was faced with an injunction on its development of a high-rise apartment building on the south side of the Miami River after it was discovered that the Tequesta Indians had occupied the site, soon to be known as the “Miami Circle” approximately 2,000 years earlier. That… Continue Reading

Miami Now Go-to Destination for International Arbitration: Part 1 of 2

Miami: crossroads of the Americas and, increasingly, Europe and Asia, host city for the 2014 International Council for Commercial Arbitration Congress, site of the Latin American headquarters for countless multinationals and the worldwide base of at least five Fortune 500 companies. And now, home to only the second international arbitration court in the United States… Continue Reading

Happy Holidays to All Our Readers!

It’s hard to believe that 2013 is already drawing to a close – the year in New Miami flew by in a whirlwind of development as new plans were announced and projects took shape. From rail, seaport and airport expansion to the buzzing arts and cultural scene, New Miami continued to grow. We celebrate our… Continue Reading

AAA’s Optional Appellate Review: Good or Bad for Arbitrations?

In the past, resolving contract disputes between sophisticated parties meant spending years litigating in the court system, including having to go through extensive discovery, motion practice, and trial, and then an appeal.  But with the advent of arbitration, now, more than ever, parties are including arbitration provisions in their contracts as a way of resolving… Continue Reading

New Brazilian Anti-Corruption Law May Impact South Florida Businesses in Brazil

In a recent Daily Business Review Board of Contributors article, we discuss Brazil’s new anti-corruption law, which will come into effect starting in early 2014. The law is similar to the U.S. Foreign Corrupt Practices Act and the U.K.’s Bribery Act, but is even more robust in certain respects and contains a series of draconian… Continue Reading

Florida Supreme Court Eliminates the Contractual Economic Loss Rule

Contracts are an integral part of every company’s daily life.  Negotiating a contract allows the company to evaluate the transaction and hammer out an accord that allocates risks and rewards in a satisfactory way.  Executing and performing the contract permits the company to realize these rewards by exchanging with a counterparty the consideration provided by… Continue Reading

Florida Adopts More Stringent Standard for Expert Witnesses

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony.  The new rule, enacted by House Bill 7015, will subject experts and their opinions to greater scrutiny before being presented to a jury. Coincidentally, passage of House Bill 7015 came at a time when the… Continue Reading

Thank You For Joining Us For Our New Miami Breakfast Series | Hospitality

Thursday, June 13, 2013 8:00 AM – 10:00 AM 1450 Brickell Avenue, 23rd Floor Miami, FL 33131 Thank you for joining us for the second installment of the New Miami Breakfast Series. Hospitality: A Bird’s Eye View of Miami and Beyond Miami is one of the most active hotel investment markets in the country and… Continue Reading

Revisions To Mortgage Foreclosure Procedures in Florida

HB 87, a controversial foreclosure bill that passed the Legislature, was signed into law by Governor Rick Scott on June 7, 2013 to become Chapter 2013-137 of Florida laws. The most significant portion of this law refines the use of an order to show cause as an alternative to a traditional foreclosure procedure and extends… Continue Reading

“JOLT” Act Seeks to Lessen U.S. Travel Restrictions for Brazilians, Canadians

While Canadians still comprise the number one group of foreign buyers of real estate statewide in Florida, América Economía is now reporting that Brazilians have surpassed Canadians as the top overseas visitors and property buyers in Miami.  Currently, U.S. business industry groups are aggressively lobbying the U.S. Congress to make it easier for Canadians and… Continue Reading

Proposed Family Law Legislation Prohibiting Foreign Laws Fails to Pass in Florida Senate

In a previous post, I discussed Senate Bill 58 and House Bill 351, which were proposed bills that would have prohibited the application of foreign laws in family law disputes pending in the State of Florida unless the foreign body of law granted the litigants the “same” rights and protections as the Florida and U.S…. Continue Reading

Court of Appeal Makes Condominium Association Foreclosures More Costly

The Third District Court of Appeal recently issued an opinion that is a game changer for third-party purchasers of condominium units at foreclosure sales.  The Third District’s opinion in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D11-2545 (Fla. 3d DCA 2013), absolves third-party purchasers of responsibility for a prior owner’s  past-due maintenance,… Continue Reading

Supreme Court Ruling Limits Extraterritorial Application of Alien Tort Statute

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350, and commence actions in the U.S. in an attempt to seek redress for egregious conduct (violations of the “laws of… Continue Reading

Passage of Controversial Law Could Tarnish Florida’s Reputation as International Dispute Resolution Center

Senate Bill 58 and House Bill 351 Seek to Prohibit Florida Courts from Applying Foreign Laws in Family Law Disputes You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against the… Continue Reading

South Florida Law Firms Team Up In Support of United Way of Miami-Dade

The Bilzin Sumberg Dodge Squad is getting set to square off against three other South Florida law firms in an upcoming dodgeball tournament to raise funds for the United Way of Miami-Dade.   On March 13, we will vie for the title of Dodgeball Champion 2013 alongside Akerman Senterfitt, Carlton Fields and Greenberg Traurig at 5:30… Continue Reading

Thank You For Joining Us For Our New Miami Breakfast Series

Thank you for joining us for the inaugural session of the New Miami Breakfast Series. Public-Private Partnerships: Why They Are Growing in Popularity and Their Impact on South Florida The most flexible relationship between the government and a private contractor is a public-private partnership, commonly referred to as a P3, in which government and the… Continue Reading

WLRN Radio To Host Marketplace Morning Report

Those who like to start their day with a cup of coffee and listening to the Marketplace Morning Report with Jeremy Hobson will be pleased that the show will be broadcast live from the WLRN Radio studios in Miami all next week. From January 22 - 25, WLRN Radio will host one of Public Radio’s most popular… Continue Reading

Condo Contracts Ruling Significant for Florida Developers’ Attorneys

In a recent Daily Business Review Board of Contributors column, Real Estate attorney Martin A. Schwartz discusses the effects that a recent New York federal appeals court decision may have on Florida condo buyers’ use of the Interstate Land Sales Full Disclosure Act to rescind their purchase contracts and the impact on condominium document production. Up… Continue Reading

Survey Reveals Cautious Optimism About Miami’s Economic Future

We are pleased to announce that the results of our New Miami Investment Survey are out. Click to Download SurveyTo assess what other business leaders are thinking about the pace and nature of economic recovery in South Florida, we commissioned The Bilzin Sumberg New Miami Investment Survey. 200 top executives in the community provided their… Continue Reading

South Florida, Prime Destination for Litigants Seeking Evidence in Foreign Proceedings

Foreign civil lawsuits, private arbitrations using § 1782 to facilitate discovery Let’s say you have a client who is a party to an arbitration proceeding pending in Buenos Aires, Argentina. In your investigation of the matter, you discover that an individual living in Miami, Florida, may have critical information relating to your client’s claims. You want… Continue Reading