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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Florida’s Revenue System Outlined In New Report

The Leroy Collins Institute has published a report that outlines their view of the state’s revenue system and its potential misuse. The report, entitled “Tougher Choices: Shaping Florida’s Future,” builds on a 2005 Institute…more

Department of Revenue, Revenue, State Budgets

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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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Delaware Court Limits Debt Purchasers Credit Bid To The Purchase Price

Recently, a chink to the armor of distressed debt purchasers resonated throughout the secondary market with the decision of the Delaware Bankruptcy Court in In re Fisker Automotive Holdings, in which the bankruptcy court limited…more

Commercial Bankruptcy, Creditors, Debt, Debt Collection, Fisker

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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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Good News For Grove Isle Condo Owners

Grove Isle condo owners, who have been in the middle of a battle over a proposed 18-story condo tower which will replace the low-rise Grove Isle Hotel & Spa, received some good news when the Third DCA overturned the dismissal of…more

Condominium Associations, Condominiums

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OIG Urges FHFA To Sue Over Force-Placed Insurance

The Office of Inspector General (“OIG”) for the Federal Housing Finance Agency (“FHFA”) is urging the FHFA to sue its servicers and lender-placed insurance (“LPI”) providers because Fannie Mae and Freddie Mac have suffered…more

Fannie Mae, FHFA, Force-Placed Insurance, Freddie Mac, Hazard Insurance

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Editorial: 3rd DCA Clarifies Derivative Lawsuits

The Third District Court of Appeal has issued a landmark opinion setting forth Florida's law to determine the limited circumstances in which a corporate shareholder or limited liability company member has standing to bring a…more

Derivative Suit, Derivatives, Shareholder Litigation, Shareholders

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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’s Building Boom

While the rest of the country is slowly pulling itself out of recession, Miami is in the midst of a building boom that not only signifies its strong recovery, but is putting South Florida on par with New York City as a global…more

Commercial Real Estate Market, Condominiums, Economic Development, High-Speed Rail, Real Estate Development

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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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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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Editorial: High Court Is Swinging Pendulum Back On 4th Amendment

Fourth Amendment law is anything but static. If one surveys the jurisprudential landscape over the last 50 years, there are three amendments that the U.S. Supreme Court cannot leave alone: the First, the Fourth and the Fifth…more

Fifth Amendment, First Amendment, Fourth Amendment, Riley v California, SCOTUS

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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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Leading Markets Index Shows 56 Metros at or Above Normal Levels in June

The National Association of Home Builders (NAHB) recently released its Leading Market Index (LMI) on June 5th. The report revealed that out of 350 metros evaluated across the country, 56 housing markets have returned to or have…more

Housing Market, National Association of Home Builders

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Editorial: 3rd DCA Clarifies Derivative Lawsuits

The Third District Court of Appeal has issued a landmark opinion setting forth Florida's law to determine the limited circumstances in which a corporate shareholder or limited liability company member has standing to bring a…more

Derivative Suit, Derivatives, Shareholder Litigation, Shareholders

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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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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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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

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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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Lender Beware: Ensure Plan Releases are Limited to Debtor’s Obligations

A creditor who settles with a debtor during a bankruptcy case must be sure to continue following the case during the plan stage, or risk the plan affecting the creditor’s rights against third parties. Iberiabank learned that…more

Chapter 11, Commercial Bankruptcy, Debt, Debtors, EU

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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

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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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The Koontz Decision; Back to Florida

In the recent landmark decision of the United States Supreme Court in Koontz v. St. Johns Water Mgmt. Dist., 133 S. Ct. 2586 (2013), the Court majority held that exactions sought by local governments, which are not rationally…more

Eminent Domain, Environmental Policies, Fifth Amendment, Fourteenth Amendment, Koontz v St John's River Water Management

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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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Synthetic Investment in U.S. Real Estate by Foreign Investors

According to recent reports, foreign investment in commercial U.S. real estate exceeded $38.7 billion in 2013 - a 40 percent increase over 2012. Leading the way in 2013 were investors from Canada, China, Australia, Germany, and…more

Australia, Canada, China, Foreign Investment, Popular

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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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Big Banks Argue that Shorter Limitations Period Should Apply to MBS Claims

Recently, the defendants in FDIC as Receiver for Colonial Bank v. Chase Mortgage Finance Group, et al (Civ No. 1:12-cv-06166) filed a motion for judgment on the pleadings, asking the court to dismiss as time-barred the…more

Banks, Extender Statutes, FDIC, Limitation Periods, Securities Fraud

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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’s Building Boom

While the rest of the country is slowly pulling itself out of recession, Miami is in the midst of a building boom that not only signifies its strong recovery, but is putting South Florida on par with New York City as a global…more

Commercial Real Estate Market, Condominiums, Economic Development, High-Speed Rail, Real Estate Development

See All Updates »

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

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

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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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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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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

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Court Of Appeal Reaffirms Ruling Making Condominium Association Foreclosures More Costly

Last week, the Florida Third District Court of Appeal dealt the final blow to an often-used strategy by condominium associations. In the second iteration of Aventura Management, LLC v. Spiaggia Ocean Condominium Association,…more

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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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200 New Condo Towers Planned In South Florida Since May 2011

An exciting announcement was recently made in South Florida - between May 2011 and today more than 200 new condo towers east of I-95 in Miami-Dade, Broward and Palm Beach counties have been scheduled to be built. Yes, this is…more

Condominiums, Florida, Real Estate Development, Real Estate Market

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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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