Archives: Litigation & Arbitration

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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

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

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

International Arbitration Involving Latin America in South Florida: Part 2 of 2

In Part 1 of this series, we discussed some of the advantages to conducting international arbitrations in South Florida, including its convenient location and the rules that allow parties to choose their arbitrators regardless of nationality. There are several more advantages: A Similar Culture Not only do many South Florida attorneys speak Spanish and Portuguese, … Continue Reading

Useless Attorneys’ Fees – The Importance of Understanding Florida’s Rules of Civil Procedure

On September 19, 2012, the Third District Court of Appeals decided that a first party plaintiff could not prosecute a claim against a third party defendant in Brady v. P3 Group (LLC) and Hypower, Inc. The Facts In Brady, a non-lawyer Charles Brady used his step-father’s law clients to perpetuate a fraud by making misrepresentations … Continue Reading

International Arbitration Involving Latin America in South Florida: Part 1 of 2

Already a well-established center for commerce and finance involving Latin America, South Florida’s profile as an international arbitration center for commercial disputes involving Latin America has been on a spectacular uptrend. While the range and extent of advantages to conducting international arbitrations in South Florida involving companies from around the globe are vast, the following … Continue Reading

Florida Court: Lawyers And Judges Should Not Be Facebook Friends

Just friends? Think twice before “friending” the bench Can’t lawyers and judges just be “friends?” Apparently not, so ruled Florida’s Fourth District Court of Appeal last week in Domville v. State, No. 4D12-556 (Fla. 4th DCA 2012). The Fourth District’s decision is seemingly the first of its kind since the Florida Judicial Ethics Advisory Committee … Continue Reading
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