Fowler White Burnett, P.A.

Espirito Santo Plaza 1395 Brickell Avenue, 14th Floor
Miami, Florida 33131, United States

Contact: Elena Cobo

  • 305.789.9200
  • 305.789.9201

To Have and to Hold: Modern Family Formation and Application of Constitutional Principles

Recall the year 1868 and §1 of the Fourteenth Amendment of the United States Constitution: “All persons born and naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of…more
| Civil Procedure, Civil Rights, Constitutional Law, Family Law

Land of Confusion: Insurance Coverage for Pre-Suit FCPA Investigation Costs under D&O liability Policies

Bloomberg recently reported that Walmart spent $439 Million in the past two years related to a Foreign Corrupt Practices Act (“FCPA”) investigation . Moreover, Walmart predicts that it will spend an additional $200 Million to…more
| Commercial Law & Contracts, Criminal Law, Insurance, Intellectual Property, Securities Law

IRS Amends Circular 230 Regulations: Standard Tax Disclaimers Should Be Reviewed

The IRS amended the Circular 230 regulations in June, 2014. The main changes are the elimination of the “covered opinion” rules and the written disclosure requirement, as well as the expansion of requirements that apply to all…more
| Taxation

Breaking Down New Regulatory and Administrative Initiatives in the L&E Space

Recently, the NLRB chair, Mark G. Pearce, confirmed that the Board will continue its emphasis on social media cases. In 2011 and 2012, NLRB Acting General Counsel Lafe Solomon released three memoranda detailing the results of…more
| Labor & Employment Law

Welcome To The Jungle

What happens when a plan administrator relies on information received from a third party to make a denial of benefits decision under an ERISA plan? Does the plan administrator bear the burden of weighing the relative…more
| Administrative Law, Civil Procedure, Labor & Employment Law

I Can’t Get No SATISFACTION-- In the Eleventh Circuit, Is Discretionary Language Still "Satisfactory to Us"?

Ever since the United States Supreme Court addressed the question of whether a wholesale adoption of the "arbitrary and capricious" standard of review would be appropriate for judicial review of denial of benefit determinations…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Finance & Banking, Insurance

When Silence Isn't Silence: What is the Silence of Your ERISA Summary Plan Description Actually Saying?

It is well known that in enacting the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et. seq., Congress set forth a requirement that a Summary Plan Description ("SPD") be furnished to participants…more
| Civil Procedure, Labor & Employment Law, Finance & Banking

Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal…more
| Civil Remedies, Constitutional Law, Personal Injury, Professional Malpractice

Florida Adopts New Limited Liability Company Act

The Florida Legislature has adopted the Florida Revised Limited Liability Company Act (“New LLC Act”) which substantially revises Florida’s prior LLC Act. These revisions to the law have a broad impact on Limited Liability…more
| Business Organizations, Commercial Law & Contracts

IRS: Substantial Presence Test

The Internal Revenue Service applies a substantial presence test to determine whether a Non-Resident Alien will be considered a US Person due to the amount of days the person was present in the United States. The test is applied…more
| International Law & Trade, Taxation
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Family Law
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Florida
Number of Attorneys

50-100 Attorneys

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