Bilzin Sumberg

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1450 Brickell Avenue
23rd Floor
Miami, Florida 33131-3456, United States
Phone: 305.374.7580
Fax: 305.374.7593
Areas Of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Finance & Banking
  • Government
  • International Law & Trade
  • Litigation
  • Mergers & Acquisitions
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
Number of Attorneys
100+ Attorneys

Florida Governor Declares State of Emergency for Tropical Storm Elsa

On July 3, 2021, through Executive Order 21-150, Governor DeSantis declared a state of emergency due to the threat of Tropical Storm Elsa in 15 counties, including Miami-Dade and Monroe County…more

Building Permits, Construction Project, Executive Orders, Florida, Real Estate Development

See all updates »

FinCEN Issues Final Rule Implementing Corporate Transparency Act

As we previously reported, on January 1, 2021, the US enacted into federal law the Corporate Transparency Act (the “Act”), which is a new national beneficial ownership reporting regime for US companies and certain non-US…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

4 Trends That Will Shape Florida Real Estate in 2024

As commercial real estate markets across the U.S. cope with rising costs and slowing demand, Florida has been a rare bright spot. The Sunshine State has welcomed a record number of people and businesses in recent years, and that…more

Commercial Real Estate Contracts, Community Development, Condominiums, Construction Project, Florida

See all updates »

4 Trends That Will Shape Florida Real Estate in 2024

As commercial real estate markets across the U.S. cope with rising costs and slowing demand, Florida has been a rare bright spot. The Sunshine State has welcomed a record number of people and businesses in recent years, and that…more

Commercial Real Estate Contracts, Community Development, Condominiums, Construction Project, Florida

See all updates »

Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims

Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When construction…more

Construction Contracts, Construction Disputes, Construction Project, Design Professionals, Florida

See all updates »

Live Local Act 2024 Passed by the Florida Legislature

On February 28, 2024, the Florida House of Representatives passed Senate Bill 328 (“SB 328”), previously unanimously approved by the Florida Senate by a vote of 112 to 1. SB 328, regarded as the Live Local Act 2024 (“LLA 2024”),…more

Affordable Housing, Critical Infrastructure Sectors, Florida, Housing Market, Low Income Housing

See all updates »

Business Finance & Restructuring Q&A Series

The following discussion examines a number of factors that have complicated the bankruptcy process. It also offers a look at how out-of-court restructurings might be a more viable course for distressed business owners to…more

Commercial Bankruptcy, Debt Restructuring, Restructuring

See all updates »

New EPA Rule on Clean Water Act

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a…more

Amended Rules, Biden Administration, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Florida Law Imposes Additional E-Verify Requirements for Private Employers

Further Hiring Requirements for Private Employers - A. Overview of Senate Bill 1718 (“SB1718”) - Earlier this year, the State of Florida enacted a law that continues to have significant implications for employers across…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

See all updates »

FinCEN Seeks Public Comment on Corporate Transparency Act

On April 1, 2021, the Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (the "Notice") seeking public comment on a myriad of issues related to the implementation of a beneficial…more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Corporate Transparency Act, Financial Crimes

See all updates »

2022 Guide to Developing and Investing In South Florida Real Estate: What Out-of-State and Overseas Investors Need to Know

Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to quickly…more

Construction Disputes, Construction Industry, Construction Project, Environmental Policies, Financing

See all updates »

Revival of Time-Barred Zombie Mortgages May Come Back to Haunt Debt Collectors

Last month, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on the attempted enforcement of time-barred alleged debt collection rights as to second mortgage loans. It is a violation of the Fair Debt…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

See all updates »

Live Local Act Provides Sales Tax Refund as Additional Incentive for Affordable Housing Development

The Live Local Act (S.B. 102) incorporated relief from sales tax for building materials used in eligible residential units that have a recorded FHFC agreement. What Residential Units Qualify: An eligible residential unit is…more

Affordable Housing, Community Development, Construction Project, Florida, Land Developers

See all updates »

El cielo es el límite

El cambiante paisaje urbano de Miami se prepara para su mayor mejora hasta el momento. Con la última decisión de la Administración Federal de Aviación de EE. UU. de permitir que los edificios alcancen una altura de 320 metros…more

Commercial Real Estate Market, Construction Industry, Federal Aviation Administration (FAA), Miami, Real Estate Development

See all updates »

New EPA Rule on Clean Water Act

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a…more

Amended Rules, Biden Administration, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Take Care When Utilizing Tax Reimbursement Clauses in Trusts…Even If You Are a Cross-Border Practitioner

Until recently, there was a fair amount of comfort amongst practitioners that, when structured correctly, utilizing a tax reimbursement clause for a grantor trust did not produce any negative U.S. gift or estate tax results…more

Estate Planning, Estate Tax, Florida, Gift Tax, Grantor Trusts

See all updates »

Live Local Act Rent: 2024 Limits Increased by up to 10%

The Florida Housing Finance Corporation (“FHFC”) recently published their 2024 Income Limits and Rent Limits. These figures show up to a 10% increase in rent limits applicable to qualified Live Local Act projects throughout all…more

Affordable Housing, Critical Infrastructure Sectors, Florida, Housing Market, Regulatory Requirements

See all updates »

Micro-Transit: A New Arena for Public-Private Partnerships in the Transportation Sector

The world of transportation has seen significant advancements in recent years, and one such innovation is the micro-transit system. This article will provide a comprehensive overview of what a micro-transit system is, how it…more

Construction Project, Infrastructure, Project Finance, Public Private Partnerships (P3s), Public Projects

See all updates »

Mastering the ABCs of P3s in Florida

One of the most significant transit projects in Florida history reached a new milestone last month when the Brightline rail system expanded its service from South Florida to Orlando. Brightline marks the first privately…more

Construction Project, Florida, Infrastructure, Project Finance, Public Private Partnerships (P3s)

See all updates »

FTC Proposes Rule to Ban Non-Compete Clauses

On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”), which enforces antitrust law, proposed a rule that would prohibit employers from imposing non-compete clauses on workers. This proposed rule, which can be found…more

Anti-Competitive, Comment Period, Competition, Employer Liability Issues, Employment Contract

See all updates »

The Corporate Transparency Act (CTA) Is Unconstitutional—But Only for Some Companies

On Friday, March 1, 2024, a federal judge in Alabama ruled that the Corporate Transparency Act is unconstitutional. See NSBU v. Yellen, No. 5:22-cv-1448, 2024 BL 69366, 2024 Us Dist Lexis 36205 (N.D. Ala. Mar. 01, 2024). Here is…more

Alabama, Beneficial Owner, Commerce Clause, Compliance, Constitutional Challenges

See all updates »

This DEI Template Can Enhance Law Firm Programming for Employees

Bilzin Sumberg recently purchased a piece of art—a paint-by-numbers design that represents how the contributions of different people from different backgrounds can come together to create something new and amazing. Originally…more

Corporate Culture, Corporate Governance, Diversity and Inclusion Standards (D&I), Equity, Law Firm Ownership

See all updates »

Florida Governor Declares State of Emergency for Tropical Storm Elsa

On July 3, 2021, through Executive Order 21-150, Governor DeSantis declared a state of emergency due to the threat of Tropical Storm Elsa in 15 counties, including Miami-Dade and Monroe County…more

Building Permits, Construction Project, Executive Orders, Florida, Real Estate Development

See all updates »

2022 Guide to Developing and Investing In South Florida Real Estate: What Out-of-State and Overseas Investors Need to Know

Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to quickly…more

Construction Disputes, Construction Industry, Construction Project, Environmental Policies, Financing

See all updates »

Summertime Trust Changes: Florida’s Newest Trust Laws Effective as of July 1, 2022 Includes SLAT-Friendly Legislation

Florida’s newest trust laws taking effect this summer are turning up the heat in what is already a hot estate planning scene. With the federal estate and gift tax exemption for U.S. citizens and U.S. domiciliaries at a historic…more

Beneficiaries, Estate Planning, Florida, Spousal Lifetime Access Trust (SLAT), Spouses

See all updates »

Housing Building Jumps in April

According to newly released data from the U.S. Department of Commerce, home builders have ratcheted up construction in April to a seasonally adjusted annual rate of 1.135 million units. This is a 20.2% increase from March and is…more

Construction Industry, National Association of Home Builders, Real Estate Development, Real Estate Market

See all updates »

Further Extension of Governor’s Order Prohibiting Evictions and Foreclosures in Florida

Governor DeSantis previously issued Executive Order 20-94 on April 2, 2020, suspending and tolling any statute providing for a mortgage foreclosure or residential eviction due to non-payment of rent that, after several…more

Coronavirus/COVID-19, Eviction, Executive Orders, Financial Distress, Florida

See all updates »

Florida Law Imposes Additional E-Verify Requirements for Private Employers

Further Hiring Requirements for Private Employers - A. Overview of Senate Bill 1718 (“SB1718”) - Earlier this year, the State of Florida enacted a law that continues to have significant implications for employers across…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Florida, Foreign Workers

See all updates »

4 Trends That Will Shape Florida Real Estate in 2024

As commercial real estate markets across the U.S. cope with rising costs and slowing demand, Florida has been a rare bright spot. The Sunshine State has welcomed a record number of people and businesses in recent years, and that…more

Commercial Real Estate Contracts, Community Development, Condominiums, Construction Project, Florida

See all updates »

Keeping Up with OSHA’s COVID-19 “Vaccine-or-Test” Mandate in 2022

On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) that implemented a “vaccinate-or-test” mandate for large, private employers. The ETS spurred a flurry…more

Biden Administration, Constitutional Challenges, Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates

See all updates »

New EPA Rule on Clean Water Act

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a…more

Amended Rules, Biden Administration, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

COVID-19 Update: How U.S. Real Estate Investors May Reduce Taxable Income

This update is meant to provide U.S. investors in real estate with information regarding a federal tax election that may ease the federal income tax burden of income created by debt forgiveness, including any reductions in debt…more

Coronavirus/COVID-19, Disregarded Entities, Insolvency, Real Estate Investments, Tax Liability

See all updates »

Court Ruling Leaves Florida Law Restricting Foreign Ownership of Real Property Enforceable for All But Two

On February 1, 2024, the United States Court of Appeals for the Eleventh Circuit partially granted the plaintiffs/appellants’ motion for an injunction pending appeal in Shen v. Simpson, No. 4:23-cv-208-AW-MAF (N.D. Fla. 2023),…more

Buyers, Commercial Real Estate Contracts, Equal Protection, Florida, Foreign Acquisitions

See all updates »

Florida State Courts Limit Parties’ Abilities to Recover Attorneys’ Fees

In a pair of recent decisions, Florida state courts reined in multiple statutes that allow for the recovery of attorneys’ fees. In one decision, the Florida Supreme Court adopted a relatively narrow reading of Florida’s…more

Attorney's Fees, Business Litigation, Fee-Shifting, Florida, Litigation Fees & Costs

See all updates »

U.S. Supreme Court to Decide Future of ADA Hotel Litigation

Earlier this week, the U.S. Supreme Court announced it will hear the case of Acheson Hotels, LLC v. Laufer  and finally resolve the question of whether “tester” plaintiffs have standing to sue a hotel company that fails to…more

Acheson Hotels LLC v Laufer, Americans with Disabilities Act (ADA), Article III, Disability Discrimination, Failure to Accommodate

See all updates »

Summertime Trust Changes: Florida’s Newest Trust Laws Effective as of July 1, 2022 Includes SLAT-Friendly Legislation

Florida’s newest trust laws taking effect this summer are turning up the heat in what is already a hot estate planning scene. With the federal estate and gift tax exemption for U.S. citizens and U.S. domiciliaries at a historic…more

Beneficiaries, Estate Planning, Florida, Spousal Lifetime Access Trust (SLAT), Spouses

See all updates »

Using P3s to Further Environmental Policy

We have previously written about opportunities for public-private partnerships (P3s) for the development of social infrastructure (i.e., city halls, libraries, courthouses, and other government buildings), and also how P3s can…more

Construction Project, Environmental Policies, Green Buildings, Infrastructure, Public Private Partnerships (P3s)

See all updates »

Miami’s Golden Age

Recently Arden Karson, a Senior Vice President of The Related Group’s Acquisitions, Distressed Debt and Strategic Opportunities Division and the Project Manager for Brickell Heights Condominium, spoke about the latest in-depth…more

Condominiums, Real Estate Development, Real Estate Market

See all updates »

State Agency Assists Associations Dealing With COVID-19

COVID-19 has posed new challenges for community living. Condominiums, HOAs, and Cooperatives are confronting how to prevent the spread of the virus within their communities…more

Condominiums, Coronavirus/COVID-19, Emergency Management Plans, Homeowners Association (HOA), Public Health

See all updates »

Live Local Act: New Ad Valorem Tax Exemptions for Affordable and Workforce Housing

Over the past several years, the Florida legislature has increased and expanded the tax exemptions for affordable housing projects in order to incentivize the development of additional affordable housing projects. In Senate Bill…more

Ad Valorem Tax, Affordable Housing, Construction Project, Florida, High Growth Segment

See all updates »

Florida Enacts Changes to Construction Lien Law

On June 12, 2023, Florida Governor Ron DeSantis signed into law House Bill 331, which significantly modifies Florida’s Construction Lien Law, Chapter 713, Florida Statutes. Among the amendments that will take effect on October…more

Construction Contracts, Construction Disputes, Construction Liens, Construction Project, Florida

See all updates »

2022 Guide to Developing and Investing In South Florida Real Estate: What Out-of-State and Overseas Investors Need to Know

Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to quickly…more

Construction Disputes, Construction Industry, Construction Project, Environmental Policies, Financing

See all updates »

Courts Continue to Let the Air Out of Slack-Fill Litigation: Another Class Action Dismissed

Over the past several years, federal courts have rarely allowed slack-fill class actions to survive beyond the motion to dismiss phase. Whether the plaintiffs allege that the packaging is misleading or that the slack-fill is…more

Breach of Warranty, Class Action, Consumer Fraud, False Advertising, Food Manufacturers

See all updates »

Proposed Regulations May Affect Taxation of Foreign Investors in REITs

On December 29, 2022 the IRS and the Treasury Department issued a notice of proposed rulemaking (REG-100442-22) (the “Proposed Regulations”) that, among other things, affects the determination when Real Estate Investment Trusts…more

Financial Services Industry, FIRPTA, Foreign Investment, Internal Revenue Code (IRC), Investment Funds

See all updates »

Live Local Act 2024 Passed by the Florida Legislature

On February 28, 2024, the Florida House of Representatives passed Senate Bill 328 (“SB 328”), previously unanimously approved by the Florida Senate by a vote of 112 to 1. SB 328, regarded as the Live Local Act 2024 (“LLA 2024”),…more

Affordable Housing, Critical Infrastructure Sectors, Florida, Housing Market, Low Income Housing

See all updates »

Globalize Miami Series: PortMiami and its Significance to Miami’s Growth

In the weeks ahead, our New Miami Blog will present a series that asks how Miami can become the nation’s premier center for education, innovation and entrepreneurshipin global trade…more

Economic Development, Entrepreneurs, Global Marketplace, Innovation, Miami

See all updates »

SEC Issues First AI-Related Civil Penalties and Warns Against “AI Washing”

​​​​​​​The Securities and Exchange Commission on Monday, March 18, 2024, entered into settlements with Delphia (USA) and Global Predictions, which agreed to pay civil penalties totaling $225,000 and $175,000, for “AI Washing.” …more

Artificial Intelligence, Broker-Dealer, Civil Monetary Penalty, Disclosure Requirements, Enforcement Actions

See all updates »

Public-Private Partnerships as Successful Procurement Vehicles for Airport Infrastructure Upgrades

A Comparative Analysis of Airport Infrastructure Development through Public-Private Partnerships - Handling over 52.3 million travelers in 2023, the Miami International Airport ("MIA") has emerged as a leading hub for…more

Airports, Aviation Industry, Infrastructure, Investment, Miami

See all updates »

SEC's Proposed Rule Changes Seek to Curb Greenwashing

We have previously written about the Securities and Exchange Commission (“SEC”) considering additional regulations on statements and disclosures made by public companies and investment funds relating to their credentials on…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

New EPA Rule on Clean Water Act

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a…more

Amended Rules, Biden Administration, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

New EPA Rule on Clean Water Act

The Environmental Protection Agency (EPA) released the final Clean Water Act (CWA) rule (New Rule) to comply with the US Supreme Court decision in Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) (“Sackett”).  This is a…more

Amended Rules, Biden Administration, Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Live Local Act Rent: 2024 Limits Increased by up to 10%

The Florida Housing Finance Corporation (“FHFC”) recently published their 2024 Income Limits and Rent Limits. These figures show up to a 10% increase in rent limits applicable to qualified Live Local Act projects throughout all…more

Affordable Housing, Critical Infrastructure Sectors, Florida, Housing Market, Regulatory Requirements

See all updates »

FTC Proposes Rule to Ban Non-Compete Clauses

On Thursday, January 5, 2023, the Federal Trade Commission (“FTC”), which enforces antitrust law, proposed a rule that would prohibit employers from imposing non-compete clauses on workers. This proposed rule, which can be found…more

Anti-Competitive, Comment Period, Competition, Employer Liability Issues, Employment Contract

See all updates »

Reform on the horizon for the popular EB-5 Program

The 2016 political season has kicked into high gear, sparking lively discussions about major issues affecting the country. Two of the most significant issues being debated among the candidates are the economy and immigration…more

Affordable Housing, Construction Industry, Department of Homeland Security (DHS), EB-5, Foreign Investment

See all updates »

Homeless Assistance Centers and the NIMBY Response

Land use and zoning attorney, Stanley Price and Vicky Leiva, talk about homeless assistance centers in the City of Miami and how to deal with neighborhood opposition…more

Homeless Issues, Low-Income Issues, Municipalities, Public Assistance, Zoning Laws

See all updates »

Proposed Regulations May Affect Taxation of Foreign Investors in REITs

On December 29, 2022 the IRS and the Treasury Department issued a notice of proposed rulemaking (REG-100442-22) (the “Proposed Regulations”) that, among other things, affects the determination when Real Estate Investment Trusts…more

Financial Services Industry, FIRPTA, Foreign Investment, Internal Revenue Code (IRC), Investment Funds

See all updates »

City of Miami Updates to Wynwood NRD-1 Zoning District

At this week’s City of Miami Commission meeting, the City of Miami adopted a series of important amendments to the Miami 21 Zoning Code. These amendments specifically impact the Wynwood Neighborhood Revitalization District…more

Construction Project, Florida, Infrastructure, Miami, Mixed-Use Zoning

See all updates »

Will Construction Insurance Costs Kill Florida’s Real Estate Boom?

The cost of construction insurance in Florida is having developers second-guess their willingness to invest in the Sunshine State, while business leaders are growing concerned that higher insurance costs may slow Florida’s…more

Building Codes, Commercial General Liability Policies, Construction Industry, Construction Project, Florida

See all updates »

Live Local Act: Affordable Housing Development Opportunities on Public Land

On March 28, 2023, Governor Ron DeSantis signed into law Senate Bill 102 (“Live Local Act” or the “Act”). The Act is a multifaceted law that supports the development of affordable housing in Florida by expanding and creating…more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

Kim Kardashian Sanctioned by SEC for Unlawful Touting of Cryptocurrency

Ms. Kardashian found herself on the wrong side of the law Monday, when the SEC entered a cease-and-desist order against her (the “Kardashian Order”), finding her in violation of Section 17(b) of the Securities Act of 1933…more

Cease and Desist Orders, Celebrity Endorsements, Cryptocurrency, Digital Currency, Enforcement Actions

See all updates »

The FTC and Non-Competes - Impact on M&A Transactions

Non-competition agreements and similar restrictive covenants form a bundle of rights and obligations that are hotly negotiated between buyers and sellers in every M&A transaction. These covenants often represent tradeoffs…more

Acquisition Agreements, Contract Terms, Corporate Sales Transactions, Federal Trade Commission (FTC), Merger Agreements

See all updates »

2023 Florida Legislation On Real Estate Deeds

The Florida Legislature passed numerous bills primarily affecting real estate in the 2023 session. Most notably may be SB 15, the so-called SB 4-D Glitch Bill that deals with inspections and reserves for condominiums. This…more

Deeds, Florida, Foreign Ownership, Fraud, National Security

See all updates »

FinCEN Issues Final Rule Implementing Corporate Transparency Act

As we previously reported, on January 1, 2021, the US enacted into federal law the Corporate Transparency Act (the “Act”), which is a new national beneficial ownership reporting regime for US companies and certain non-US…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

Bilzin Sumberg Partner Calms Fears of Trump Hurting Miami Real Estate Market

Attorney James W. Shindell, Real Estate chair at Bilzin Sumberg, has a message for those who believe Donald Trump’s presidential election will hurt Miami’s real estate market: The sky is not falling. Shindell addressed…more

Capital Gains, Construction Industry, Florida, Miami, Public Private Partnerships (P3s)

See all updates »

Residential Mortgage Originators Facing Increasing Pressures In the Midst of the Coronavirus Pandemic

Mortgage loan brokers, correspondents and loan originators (“Originators”) who survived (or, in many cases, are still dealing with) the onslaught of “repurchase/indemnification” claims asserted by loan aggregators and…more

Consumer Financial Products, Contract Terms, Coronavirus/COVID-19, Financial Services Industry, Mortgage Loan Originators

See all updates »

Overview of Handback Provisions in P3 Agreements: Lessons Learned from UK Projects

Public-Private Partnerships (P3s) are an increasingly common method of delivering public infrastructure. When structured properly, P3s allow governments to leverage private-sector expertise and resources to deliver essential…more

Construction Industry, Construction Project, Infrastructure, Project Finance, Public Private Partnerships (P3s)

See all updates »

Bitcoin: Currency, Commodity or None of the Above?

In my recent post, I discussed the shortcomings of Article 9 of the Uniform Commercial Code as applied to Bitcoin. Bitcoin does not fall within the definition of “money” under UCC § 1-201, nor do Bitcoin wallets come within the…more

Bitcoin, Commodities, Virtual Currency

See all updates »

Lujo y cultura detrás del crecimiento de Miami como un destino para los más ricos

La ciudad de Miami sigue figurando como uno de los destinos mundiales principales para los extremadamente ricos. Según el Informe anual sobre la riqueza (The Wealth Report) de Knight Frank de 2015, Miami ocupa el sexto lugar a…more

Condominiums, Construction Industry, Hotels, Land Developers, Miami

See all updates »

Revival of Time-Barred Zombie Mortgages May Come Back to Haunt Debt Collectors

Last month, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on the attempted enforcement of time-barred alleged debt collection rights as to second mortgage loans. It is a violation of the Fair Debt…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

See all updates »

2022 Guide to Developing and Investing In South Florida Real Estate: What Out-of-State and Overseas Investors Need to Know

Estimates suggest that 1,000 people are moving to Florida each day, with most of them heading to South Florida. For developers and investors lured by the meteoric growth and favorable business conditions, it’s crucial to quickly…more

Construction Disputes, Construction Industry, Construction Project, Environmental Policies, Financing

See all updates »

FinCEN Releases Guidance Materials on the Beneficial Ownership Information for CTA Reporting

On March 24, 2023, the Financial Crimes Enforcement Network (“FinCEN”) published its first set of guidance materials to aid the public, and in particular the small business community, in understanding upcoming beneficial…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

Microsoft’s Proposed Acquisition of Activision Blizzard Likely to Face Close Antitrust Review

In January, Microsoft announced its plan to acquire Activision Blizzard, one of the largest video game publishers in the world. The roughly $69 billion deal constitutes the biggest gaming industry transaction of all time. …more

Acquisition Agreements, Activision, Anti-Competitive, Antitrust Provisions, Competition

See all updates »

IRS Releases Guidance on COVID-19 Travel Disruptions

On April 21, 2020, the U.S. Treasury Department and the Internal Revenue Service released three forms of guidance directed at non-U.S. individuals and non-U.S. businesses affected by travel disruptions arising from the COVID-19…more

Coronavirus/COVID-19, Income Taxes, IRS, Non-Resident Income Taxes, Tax Liability

See all updates »

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a Business’s Data Security Protocol

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol is…more

Appeals, Consumer Fraud, COPPA, Corporate Counsel, Credit Cards

See all updates »

U.S. Transparency Updates

The United States has started with a bang for 2024 with respect to transparency initiatives. The initiatives affect real estate, financial and business sectors. This alert provides a brief overview of the developments in these…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

A Transition to What? SCOTUS Set to Decide the Fate of IRC 965

The U.S. Supreme Court (“SCOTUS”) has decided to hear a case (Moore v. U.S., No. 22-800 ) where individual taxpayers owned shares in a controlled foreign corporation (“CFC”) and were subject to the so-called “transition tax” of…more

Certiorari, Constitutional Challenges, Controlled Foreign Corporations, Income Taxes, Internal Revenue Code (IRC)

See all updates »

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  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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