Archives: Litigation & Arbitration

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Changes to Circuit Court Appellate Jurisdiction

In its last session, the Florida Legislature passed a law that changes the appellate jurisdiction of Florida’s circuit courts and District Courts of Appeal for certain types of cases. Codified here, the new rule went into effect on January 1, 2021, and strips the circuit court of appellate jurisdiction in some instances. In these instances, … Continue Reading

Government Violated Developer’s Bert J. Harris Act Rights by Denying Site Plan, Finds Florida 4th District Court of Appeals

In a significant ruling, Florida’s Fourth District Court of Appeal in the case of Ocean Concrete, Inc. v. Indian River County ruled the government violated the developer’s Bert J. Harris Act rights by denying a site plan for the development of a project that had established a reasonable, investment-backed expectation.  The Ocean Concrete ruling is … Continue Reading

Discretion in Procurement: The GAO Finds for the Government

The Government Accountability Office (“GAO”) issued a decision that could be used by government agencies to support “all encompassing” RFPs, or RFPs that require one bidder to provide several products and services even if, in so doing, bidders that can provide one aspect of the RFP – but not all aspects of the RFP – … Continue Reading

GAO Bid Protest Reform

Debates in Washington over expenditures associated with military-related bid protests are fueling new legislation that could curtail protest efforts. The Government Accountability Office (GAO) is a federal “congressional watchdog” agency that handles bid protests filed by entities challenging Department of Defense contract awards, as well as conducts other investigations into how the federal government spends … Continue Reading

Happy Holidays To Our Readers!

As we reflect on 2015, we are especially thankful for all of the connections that we have made this year. We are thankful for our clients, our colleagues, our friends, and all of our readers. Thus, for our holiday video we wanted to focus on the power of relationships because our relationships are the foundation … Continue Reading

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

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

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

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

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

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

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

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

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

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

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
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