Archives: Litigation & Arbitration

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New Spanish Language Blog Captures Essence of “New Miami”

Bilzin Sumberg has launched Nuevo Miami, a Spanish language publication of the New Miami blog. Nuevo Miami focuses on sharing ground-level insights about the gateway city’s continually growing opportunities for foreign investors and expanding global significance as an international center of commerce. International Group Co-Chairs, José Ferrer and Javier Aviñó, serve as editors on the … Continue Reading

Lawyers May Advise on Clients’ Social Media Clean-Up

Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows lawyers to take preemptive steps to avoid these mishaps. Last week, a committee affirmed a Proposed Advisory Opinion … Continue Reading

Think your Cellphone Usage is Private? Think Again

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court issued an opinion permitting prosecutors to obtain records from mobile carriers—without a search warrant—allowing the tracking of … Continue Reading

Senate Tightens Requirements for Construction Defect Claims

The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a construction defect must serve a notice of claim upon the party whom they have contracted with to perform work. To date, the … Continue Reading

A Digital Encyclopedia: Bilzin Sumberg’s Blogosphere

Bilzin Sumberg prides itself as being the go-to firm for domestic and international investors and corporations doing business in Florida and beyond. We aim to provide our clients with legal and business insight into the industries and areas they work in through our various blogs, which hone in on key issues or areas of interest … Continue Reading

International Arbitration in the Americas: An Agent of Change?

It’s practically common knowledge that litigating in Latin American jurisdictions can be a tedious, never-ending process that would render the ‘juice’ not worth the squeeze. Doing business in Latin America, therefore, has always come with a  catch – the necessity for an arbitration clause that specifically delineates the procedure for how a dispute should be … Continue Reading

New Miami Breakfast Insights

Our New Miami Breakfast, “Miami: The Next Entrepreneurial Frontier,”  was heavily attended by nearly 200 of Miami’s business community members. Our co-moderators, Bilzin Sumberg Partners Javier Aviño and Melissa Pallett-Vasquez, touched on Miami’s initiatives to attract both entrepreneurs and investors, before our esteemed panelists dove in. Matt Haggman, Miami Program Director of The Knight Foundation, discussed some of the … Continue Reading

Court Blocks Developers’ Ploy to Avoid Additional Payments

We are often asked when representing a client in defense of a claim whether the client could avoid the liability asserted by the claimant by potentially buying the cause of action out from under the claimant. The most common circumstance is when the plaintiff has an adverse uncollected judgment or, perhaps, owes money under a … Continue Reading

Miami: The Next Entrepreneurial Frontier

We spend a lot of time looking into where our city is headed on our New Miami blog, and we are truly excited about the opportunities for innovation in Miami. On the heels of the success of various events focused on entrepreneurship in Miami, such as eMerge Americas Techweek and the Knight Foundation’s Start-Up City, … Continue Reading

Miami Courts Drive Florida Business Law

Recent opinions in corporate governance litigation make clear that Miami courts are leading the way in developing Florida case law governing key corporate governance issues. In Dinuro Investments, LLC v. Camacho, Judge John Thornton of the Miami-Dade Complex Business Litigation Section dismissed an LLC member’s claims against the company’s members and managers. On July 9th, the … Continue Reading

Distressed Condominium Relief Act Gets Further Extension of Life

An extension of the Distressed Condominium Relief Act has been approved by the legislature and is under review by Governor Rick Scott. Many were worried that the sunset of the Distressed Condominium Relief Act would prevent owners who bought distressed properties from reselling these properties in bulk.  The act affords bulk purchasers of distressed properties … Continue Reading

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. Rafael Ribeiro … 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
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