Bilzin Sumberg Baena Price & Axelrod LLP

1450 Brickell Avenue 23rd Floor
Miami, Florida 33131-3456, United States

  • 305.374.7580
  • 305.374.7593

2-year extensions of development orders and building permits - File before December 31, 2014 in order to receive a 2-year extension of your development orders and permits in most Florida jurisdictions

Bilzin Sumberg's Government Relations & Land Development Group is keeping its finger on the pulse of recent legislation that may affect you. If you have a current permit or development order which is scheduled to expire between…more

Building Permits, Construction Permits, Multi-Family Development, Permits, Real Estate Development

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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

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Where Minorities Fit In To Miami CRE

MIAMI—What can Miami’s commercial real estate industry do to increase minority participation? And how is CREW-Miami helping through its programs in 2014? We caught up with CREW-Miami’s 2014 president and Bilzin Sumberg attorney…more

Commercial Real Estate Market

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Miami Developers Continue to Create a Vision for the Future of Brickell

The Related Group continues to be active in the Miami real estate market. The Daily Business Review reported last week on Related’s recent purchase of the Infinity II property, located at 1300 S. Miami Ave for $18.5 million. The…more

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Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida Building…more

Building Permits, Construction Permits, Urban Planning & Development

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Are Condo Hotels Making A Comeback?

Condo hotels offer private individuals the opportunity to purchase a condominium unit for personal use part of the year and for rent to the general public as part of a hotel when it is not in use by the owner. These projects…more

Advertising, Condominiums, FINRA, General Solicitation, Hospitality Industry

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Valuing a Secured Creditors Collateral: A Time Frame

Section 506(a)(1) of the Bankruptcy Code provides common-sense instruction that the allowed amount of a secured claim is equal to the value of the collateral securing the claim and that a claim is unsecured to the extent the…more

Bankruptcy Code, Chapter 13, Chapter 7, Collateral, Secured Creditors

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The Bilzin Sumberg New Miami Investment Survey

In This Issue: - Questions 1-10: Economy And Investments - Questions 11-15: Tourism, Infrastructure And Trade - Questions 16-20: Labor, Government And Florida Living For more information, please see full survey…more

Economic Development, Foreign Investment, Infrastructure

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Bank of America’s $16.65 Billion Settlement

In what is being reported as the largest settlement ever between the U.S. and a single business entity, Attorney General Eric Holder and Associate Attorney General Tony West announced Thursday that Bank of America Corp. (“BofA”)…more

Bank of America, Countrywide, DOJ, Merrill Lynch, Mortgage-Backed Securities

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Servicer’s Error Leads to $16 Million Award

Kate Berry reported in American Banker and SourceMedia’s National Mortgage News on how a $616 servicing error snowballed into a $16 million jury verdict. It was reported that a jury last month awarded $514,000 in compensatory…more

Banks, Loan Servicing, Mortgages, Punitive Damages

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11th Circuit Opts For Flexibility over Predictability in Securities Fraud Class Actions

Securities fraud class actions tend to be battles that come to a head at the class certification stage. If the plaintiff group can certify a class, a large settlement often follows. If class certification fails, the case often…more

Basic v Levinson, Class Action, Class Certification, Fraud, Halliburton

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Construction Concepts Tip #6: Architects

A recent report from McGraw-Hill Construction’s research and analytics unit reported that the total volume of construction contracts in the South Florida area has reached $3.7 billion for 2013, a 24% increase over the same…more

Architects, Construction Contracts

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Miami Developers Utilizing Non Traditional Sources of Venture Capital

With all the current and planned building projects taking place in South Florida, it seems the recent real estate crash has largely been forgotten. However, the collapse still haunts traditional lending institutions, many of…more

Funding, Land Developers, Popular, Real Estate Market, Venture Capital

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Three New Residential Condominiums Coming Soon To Brickell

Miami’s financial district has deservingly earned itself a reputation for being a bustling neighborhood with great places to live, dine and work. Not surprisingly, Brickell will be home to three fresh new residential…more

Condominiums, Real Estate Market

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Infrastructure Investment Through P3s

Last month, a roundtable policy discussion on ways the financial community can invest in infrastructure using public-private partnerships (also known as P3s or PPPs) took place in New York City. The panel, chaired by U.S. Rep…more

Infrastructure, P3s, Public-Private Partnerships

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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…more

Arbitration, ICCA, International Arbitration

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Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the property…more

Construction Defects, Evidence, Notice Requirements, Repairs

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Taking The Easy Way Out Again: Recent OCC/Big Banks Settlement

Any follower of this blog or the mortgage crisis at large will — sadly — not be surprised by the seemingly never-ending news of foreclosure misdeeds by the nation’s biggest banks. Recent news reveals a particularly distasteful…more

Foreclosure, Military Service Members, Mortgages, OCC, Robo-Signing

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Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida Building…more

Building Permits, Construction Permits, Urban Planning & Development

See All Updates »

Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida Building…more

Building Permits, Construction Permits, Urban Planning & Development

See All Updates »

Inside the Mind of the Judge: Part V - How Trial Judges Decide Cases

This article will explore the process by which trial judges reach decisions. It is not an exhaustive discussion but rather an overview. The process is indeed complex and will take some time to detail. However, I must stress…more

Judges

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Q&A With Bilzin Sumberg's Richard Goldstein

Richard M. Goldstein is chairman of the tax and wealth preservation group in Bilzin Sumberg Baena Price & Axelrod's Miami office and represents numerous family businesses, U.S. residents and nonresident aliens, multinational…more

Estate Planning, Estate Tax, Income Taxes, International Tax Issues

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No Good Deed Goes Untaxed – The IRS May Recharacterize Loans As Gifts

Entrepreneurs in Miami and elsewhere are familiar with making and receiving loans as commonplace tools in the management of their businesses. One need look no further than the growth of Miami’s skyline through debt-financed…more

Estate Tax, Gift Tax, Income Taxes, IRS, Loans

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Home Prices Keep Households Out of Market

According to a recent study by the National Association of Home Builders (NAHB) released on August 1, 2014, each $1,000 increase in the price of a newly constructed median priced home results in approximately 206,269 prospective…more

Housing Developers, Housing Market

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Editorial: Fla. Sets Strict Standard For Direct Shareholder Claims

Florida recently clarified the limited circumstances in which a corporate shareholder or limited liability company member has standing to bring a direct claim for damages relating to the company. On July 9, in Dinuro Investments…more

Corporate Officers, Derivative Complaint, Directors, Limited Liability Companies, Managers

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Construction Tip #7: Developers Should Not Rely Entirely On Standard Forms Of Construction Contracts

Anyone with experience in the construction industry knows that form construction contracts are routinely used to memorialize agreements for the construction of new projects. Standardized contract forms promulgated by various…more

Construction Contracts, Contract Drafting, Contract Formation, Indemnification, Liability Insurance

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Miami Beach — New Hotbed For Boutique Hotel Deals

No longer are the major hotel flags of the world the only ones taking their talents to South Beach. Boutique hotels are becoming the focus of the Miami hospitality market at a time when investors are pouring millions into Miami…more

Hospitality Industry, Hotels, Investors, Real Estate Investments, Real Estate Market

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Launch Of Miami Beach Suncare Line

The City of Miami Beach kicked off its birthday celebration the evening of Friday, March 14th with a launch party for Miami Beach Suncare, a new line of skincare products. In attendance were some of Miami’s brightest stars,…more

Trademarks

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Check-the-Box Elections: Relevance in the International Context

One of the most powerful tools in cross-border tax planning is the ability to make a “check-the-box” election. Pursuant to the entity classification regulations under Internal Revenue Code §7701 (the “check-the-box…more

Check the Box Rules, Cross-Border, Foreign Entities, IRS, Tax Planning

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Infrastructure Investment Through P3s

Last month, a roundtable policy discussion on ways the financial community can invest in infrastructure using public-private partnerships (also known as P3s or PPPs) took place in New York City. The panel, chaired by U.S. Rep…more

Infrastructure, P3s, Public-Private Partnerships

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Lehman Reaching Beyond the Grave

As widely reported, in the latest Lehman bankruptcy “fundraiser,” managers of the Lehman estate are now demanding millions of dollars from non-profit retirement homes, colleges and hospitals. Lehman claims that it was somehow…more

Chapter 11, Derivatives, Interest Rate Swaps, Lehman Brothers

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Increased Density Mixed-Use Development the Future of Wynwood

Miami’s Planning, Zoning and Appeals Board has approved a change in the city zoning ordinances that would allow the densest mixed-use building in the area to be constructed…more

Economic Development, Housing Developers, Land Developers, Real Estate Development

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IC-DISC Benefits Enhanced with Foreign Shareholders

Since the reduction in the individual tax rate on qualified dividends in 2004, the Interest Charge Domestic Sales Corporation (“IC-DISC”) has become an attractive vehicle to obtain a tax incentive for exporting U.S.-produced…more

Dividends, Exports, IC-DISC, Income Taxes, Shareholder Litigation

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Legal Implications of the Sterling Trust Dispute

While the attention of most Miami basketball fans was focused on the Heat’s bid for a third consecutive title, Clippers fans look forward to a new owner in Microsoft CEO Steve Ballmer. Donald Sterling is challenging the…more

Donald Sterling, Trusts

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Homebuilding Trends Outlined in New Report

Homebuilding strengthened in 2013, but remains below historical averages, concludes The State of the Nation’s Housing report recently released by the Joint Center for Housing Studies of Harvard University. According to this…more

Housing Market, Popular, Real Estate Development, Real Estate Market

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 »

The Real Developer Impact of Rising Sea Levels

Damage to coastal property and infrastructure from rising sea levels and increased storm surge is a threat that South Florida knows too well. According to a major new report released on June 24, 2014 by a coalition of senior…more

Climate Change, Coastal Real Estate, Information Reports, Infrastructure, Real Estate Development

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Important Increase in Home Builder Sentiment

The National Association of Home Builders/Wells Fargo Housing Market Index (HMI) released on July 16th increased to 53. That is up four points from the June figure of 49 and represents the first time since January that the…more

Construction Workers, Contractors, National Association of Home Builders

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Main Street Cashes $3.1 Billion in Checks from Wall Street

With the mortgage crisis almost a decade in the rear-view mirror, some harmed homeowners are just now starting to see reparations for the transgressions of the country’s largest financial institutions. …more

Bank of America, Banks, Citigroup, Foreclosure, Goldman Sachs

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ICCA 2014. Gap Filling In International Arbitration: An Unsettled Territory

Though of paramount importance in jurisprudence, no contract is perfect. Sometimes, at the time the parties negotiated and drafted the contract, they inadvertently failed to anticipate a particular issue that only arose years…more

Arbitration, International Arbitration

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Portmiami Cargo Rail Service Makes An Early Start

The reconnection of the freight-rail service to PortMiami is in effect. In recent months, the Florida East Coast Railway (FEC) has begun train service carrying cargo containers directly onto PortMiami’s docks. Soon, one to two…more

Railways

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The Importance of Planning Joint Venture Exit Strategies

With the Miami real estate market making a resurgence, there is a new rush for companies to come together in a joint venture to acquire real estate and develop projects. With the excitement of a new deal, the joint venture…more

Contract Drafting, Contract Negotiations, Joint Venture, Partnership Agreements, Partnerships

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Bankruptcy Auctions 101

A recent bankruptcy auction of a Texas power plant by Optim Energy LLC provided an important lesson for potential bidders at bankruptcy auctions and their representatives on the importance of developing a clear bidding strategy…more

Auction, Commercial Bankruptcy, Power Plants

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Citigroup Settles with DOJ for $7 Billion

Citigroup announced last week that it will pay $7 billion to end an investigation by the U.S Department of Justice into misconduct related to its mortgage securitization practices. The blockbuster settlement came days before DOJ…more

Attorney Generals, Citigroup, DOJ, FDIC, Mortgage-Backed Securities

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The Real Developer Impact of Rising Sea Levels

Damage to coastal property and infrastructure from rising sea levels and increased storm surge is a threat that South Florida knows too well. According to a major new report released on June 24, 2014 by a coalition of senior…more

Climate Change, Coastal Real Estate, Information Reports, Infrastructure, Real Estate Development

See All Updates »

Increasing Canadian Investment in Florida

Long since a top destination for Canadian ‘snowbirds,’ Florida is quickly solidifying its position as a center for Canadian investment. Miami-based Canadian Consul General Louise Leger recently made an official visit to…more

Canada, Foreign Investment

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Suntrust Reaches $320 Million Settlement

SunTrust Banks (“SunTrust”) reached a settlement with Federal prosecutors last week in which it agreed to a $320 million settlement for a combination of consumer relief and housing counseling services. SunTrust issued a press…more

Fannie Mae, HAMP, Pay-To-Play, Remediation, Settlement

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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…more

Appellate Rules, Arbitration

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L.A. Sues JPMorgan Over Discriminatory Mortgage Lending Practices

On Friday, May 30, 2014, asserting that “[i]t is axiomatic that banks should not make discriminatory loans”, the City of Los Angeles filed a two-count complaint against JPMorgan Chase & Co. in Federal Court for the Central…more

Banks, City of Los Angeles, Discrimination, Fair Housing Act, Fair Lending

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Atlantic Crossing: Delray Beach Gets a Makeover

The City of Delray Beach, Florida has experienced a dramatic rebirth of its downtown inner core within the last decade. Restaurants, jazz clubs, art galleries and specialty retail provides the genesis for this exciting area on…more

Economic Development, Real Estate Development, Redevelopment

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Protections Afforded to Internal Investigation Materials - D.C. Circuit Reaffirms Protections Afforded to Internal Investigation - But There Are Lessons to be Learned

At least since the U.S. Supreme Court handed down its seminal 1981 decision in Upjohn Co. v. U.S., 449 U.S. 383 (1981), the conventional wisdom has been that companies can rest assured that materials prepared during internal…more

False Claims Act, Internal Investigations, Investigations, SCOTUS, Upjohn Warnings

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How Windstream Ruling Will Affect Foreign Taxpayers

In general, a REIT is a special purpose entity for U.S. federal income tax purposes that requires at least 75 percent of the value of the entity’s gross assets to consist of real estate assets, cash, cash items, and governmental…more

Corporate Tax Rates, Corporate Taxes, Foreign Jurisdictions, Income Taxes, International Tax Issues

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FHFA’S 2013 Report Shows Record Income for Fannie Mae and Freddie Mac, But Earnings Are Likely to Fall

On Friday, Federal Housing Finance Agency (FHFA) released its 2013 Report to Congress, revealing recent GSE milestones but anticipating future problems. The annual report is statutorily-required under the Federal Housing…more

Dodd-Frank, Fannie Mae, FHA, Freddie Mac, Housing Market

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Attacks On Loan To Own Strategies Continue

As the economy continues to emerge from the global recession in the late 2000s, one of the prevailing trends we have seen is the continuation of challenges to distressed investors that have employed a “loan-to-own” strategy…more

Breach of Duty, Fees, Fiduciary Duty, Investors, Loans

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Zillow Acquires Trulia

This Monday, online real estate listing company Zillow announced that it will acquire its biggest competitor, Trulia, in a stock-for-stock purchase transaction. The acquisition has already raised the stock values of both…more

Acquisitions, Real Estate Market, Stock-for-Stock Merger

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Editorial: Recent Changes in SEC Rules Creates Opportunities for Condo Hotel Developers

The real estate market is back and with it has come renewed interest in building condo hotels, especially in popular vacation destinations like Miami, Orlando and Las Vegas. Condo hotels were very popular among foreign investors…more

Condominiums, Investors, Marketing, Real Estate Development, Real Estate Market

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Annual Commercial Real Estate Finance Council Outlook

Positive Outlook for Commercial Real Estate Finance Market - While attending the annual CRE Finance Council (CREFC) conference in Miami on January 13-15, it was clear the overall mood from attendees was positive about the…more

Commercial Real Estate Market, Real Estate Investments

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Nonresidential Condominium Bill Becomes Law

Last week Governor Rick Scott signed into law SB 440, which became Chapter 2014-14 of Florida Laws. This bill removes the requirements imposed on residential condominiums under the Florida Condominium Act regarding elections and…more

Condominium Corporation, Condominiums, New Legislation, Real Estate Development

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Construction Concepts Tip #4: Substantial Completion

A quick trip down Brickell Avenue, up the Biscayne Boulevard Corridor, or along Miami Beach’s Collins Avenue will confirm the statistics from a recent report that nonresidential and residential construction contracts are up 62%…more

Construction Contracts, Substantial Completion

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Miami Developers Utilizing Non Traditional Sources of Venture Capital

With all the current and planned building projects taking place in South Florida, it seems the recent real estate crash has largely been forgotten. However, the collapse still haunts traditional lending institutions, many of…more

Funding, Land Developers, Popular, Real Estate Market, Venture Capital

See All Updates »

Bank of America’s $16.65 Billion Settlement

In what is being reported as the largest settlement ever between the U.S. and a single business entity, Attorney General Eric Holder and Associate Attorney General Tony West announced Thursday that Bank of America Corp. (“BofA”)…more

Bank of America, Countrywide, DOJ, Merrill Lynch, Mortgage-Backed Securities

See All Updates »

Increased Density Mixed-Use Development the Future of Wynwood

Miami’s Planning, Zoning and Appeals Board has approved a change in the city zoning ordinances that would allow the densest mixed-use building in the area to be constructed…more

Economic Development, Housing Developers, Land Developers, Real Estate Development

See All Updates »

P3s are a Viable Tool for Convention Center Development

South Florida has long been a leading destination for conventions and trade shows, and the convention market is extremely competitive. As other cities have expanded and modernized their convention centers, ours have remained…more

Construction Workers, Contractors, P3s, Public-Private Partnerships, Subcontractors

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Secured Lender Protection Limited When Bitcoin is Collateral

On June 17, 2014, the U.S. Bankruptcy Court in Dallas granted recognition under chapter 15 of the Bankruptcy Code of the bankruptcy proceeding in Japan of failed bitcoin exchange, Mt Gox. Mt. Gox shut down after claiming to lose…more

Article 9, Bankruptcy Code, Bitcoins, Chapter 15, Collateral

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Servicer’s Error Leads to $16 Million Award

Kate Berry reported in American Banker and SourceMedia’s National Mortgage News on how a $616 servicing error snowballed into a $16 million jury verdict. It was reported that a jury last month awarded $514,000 in compensatory…more

Banks, Loan Servicing, Mortgages, Punitive Damages

See All Updates »

Supreme Court Ruling Limits Extraterritorial Application Of Alien Tort Statute

U.S. companies with, or that were seeking to acquire, foreign operations often fretted over the possibility that plaintiffs in the foreign jurisdiction would seek to invoke the Alien Tort Statute ("ATS"), 28 U.S.C. § 1350, and…more

Alien Tort Statute, Extraterritoriality Rules, Jurisdiction, Multinationals, SCOTUS

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Homebuilding Trends Outlined in New Report

Homebuilding strengthened in 2013, but remains below historical averages, concludes The State of the Nation’s Housing report recently released by the Joint Center for Housing Studies of Harvard University. According to this…more

Housing Market, Popular, Real Estate Development, Real Estate Market

See All Updates »

Don’t Expect a Drop-Off in Patent Litigation

In July 2011, Congress launched the Patent Pilot Program. This program allows a small number of judges within a district court to take on the lion’s share of patent cases within the district, with the hope that these judges will…more

Judges, Patent Litigation, Patents

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The Meridian Sunrise Village Opinion Redux

In my last post I discussed the Meridian Sunrise Village v. NB Distressed Debt Investment Fund Ltd. opinion handed down by the United States District Court for the Western District of Washington in March of this year. The prior…more

Acquisitions, Assignees, Banks, Debt, Debt Market

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Q&A With Bilzin Sumberg's Mitch Widom

As a young lawyer, I was retained by the state of Florida to represent a former legislative aide that had been accused by a member of the House of Representatives of falsely accusing him of sexual harassment to oust him out of…more

Due Diligence, Interviews, Jury Trial, Sexual Harassment, Testimony

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The Port of Miami Tunnel is Open!

The Port of Miami Tunnel’s opening on Sunday, August 3, 2014 marked a rousing day for Miami. Not just because police cruiser sirens, motorcyclists and tractor trailers inaugurated new, underwater lanes for thousands of vehicles…more

Department of Transportation, Infrastructure, Public Transit, Roads

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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

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