Bilzin Sumberg Baena Price & Axelrod LLP

County Modifies Road Impact Fee Schedule With New Ordinance

The Miami-Dade County Commission adopted Ordinance 14-122, effective December 12, 2014, making several modifications to the County's Road Impact Fee schedule. A notable change is that the timing of the Road Impact Fee Present…more

Fees, Infrastructure, Local Ordinance

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The Impact is Being Felt

The University of Miami held its fourth annual Real Estate Impact Conference on February 18th at the JW Marriott Marquis Miami in Downtown Miami. In front of a standing room only crowd of approximately 600 people, both local and…more

Commercial Real Estate Market, Construction Industry, Miami, Real Estate Development, Real Estate Investments

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2015 Economic Outlook. Blue Skies Ahead.

Renowned economist Hugh F. Kelly (PhD, CRE), Clinical Professor in New York University’s Schack Institute of Real Estate and the 2014 national Chairman of The Counselors of Real Estate, led a discussion at a CREW-Miami luncheon…more

Capital Markets, Commercial Real Estate Market, Economic Development, Miami, 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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Real Estate Joint Venture Tips

A recent New York Times article described the increased presence of New York developers in the South Florida condominium market. The fact is that Miami real estate market has always been a seductive one for out of state…more

Condominiums, Joint Venture, Miami, Real Estate Development, Real Estate Investments

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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

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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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Fraud Verdict Against Countrywide & BofA Upheld

BofA’s “hustling” attempt to overturn a $1.27 billion judgment against it and Countrywide—along with the individual defendant identified in the next paragraph, the “Defendants”—in the U.S. District Court for the Southern…more

Bank of America, Countrywide, DOJ, Fannie Mae, Fraud

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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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Editorial: Court Gives Nod to 1932 Florida Supreme Court Case, Blocking Developers’ Ability to Avoid Additional Payments

We are often asked when representing a client in defense of a claim whether the client could avoid the liability asserted by the claimant by potentially buying the cause of action out from under the claimant. The most common…more

Construction Industry, Construction Liens, Construction Loans, Liens, Real Estate Market

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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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Canadian Real Estate Brokerage Expands U.S. Reach Through South Florida Purchases

Canadian Real Estate Brokerage Avison Young, Inc. recently expanded its U.S. reach when it announced last week that it entered into a definitive agreement to acquire Miami-based commercial real estate brokerage and property…more

Acquisitions, Canada, Real Estate Brokers, Real Estate Investments, Real Estate Market

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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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Why Miami Offers Attractive Opportunities to Chinese Investors

More so than ever, wealthy Chinese investors are actively seeking returns abroad when it comes to real estate investments. China’s 2014 GDP growth of 7.4% was the slowest since 1990 and China’s growth outlook is gloomy due to…more

China, Commercial Real Estate Market, Miami, Popular, Real Estate Development

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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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Rising Traffic Concerns Could Provide Cash Flow Stability for Miami’s Transportation P3 Solution

With plans to reduce Biscayne Boulevard to fewer lanes to allow for the creation of a promenade and bicycle lanes in Downtown Miami, some are arguing that the need for public transportation options cannot be clearer…more

Infrastructure, Miami, P3s, Public Transporation, Public-Private Partnerships

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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 »

Editorial: Defendants Beware - Garnishment Writs Can Be Enforced Before Trial Court Rule

This case is a 2-1 opinion that allows a judgment creditor to garnish assets in the interim between the moment that a trial judge signs its final order disposing of post-trial motions and the time the final order is rendered and…more

Garnishment, Judgment Creditors, Trial Court Orders

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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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NAHB Reveals Metro Areas with Elevated Activity

The National Association of Home Builders (NAHB) recently released its Leading Market Index (LMI) on November 6th. The report revealed that out of 350 metros evaluated across the country, 59 housing markets have returned to or…more

Housing Market, Information Reports, National Association of Home Builders

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P3 Hub South Live Blogging – Join the Conversation

Bilzin Sumberg, in partnership with P3 Bulletin, is proud to host P3 Hub South, a two-day conference bringing together top national and international players in the public sector, including U.S. government agency officials,…more

Economic Development, Infrastructure, Market Participants, P3s, Professional Conferences

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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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Upstart 100 List Continues To Solidify Miami as Emerging Tech Startup Platform

Upstart Business Journal’s first-ever Upstart 100 list features two South Florida entrepreneurs. Rony Abovitz, CEO of startup Magic Leap, and Susan Amat, founder of Venture Hive, were both recognized on the Upstart 100 list,…more

Emerging Technology Companies, Entrepreneurs, Miami, Startups, Upstart 100

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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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Why Miami Offers Attractive Opportunities to Chinese Investors

More so than ever, wealthy Chinese investors are actively seeking returns abroad when it comes to real estate investments. China’s 2014 GDP growth of 7.4% was the slowest since 1990 and China’s growth outlook is gloomy due to…more

China, Commercial Real Estate Market, Miami, Popular, Real Estate Development

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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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MIA Expansion Indicative of City’s Economic Growth

For signs of economic growth in Miami, look no further than Miami International Airport, or as Miamians call it, “MIA.” In the past couple of years, MIA has experienced incredible growth. It is recognized as the number one…more

Airports, Economic Development, Miami International Airport

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Is a Distribution of Previously Taxed Income “Exempt from Tax”?

A U.S. shareholder of a controlled foreign corporation (CFC) is required to include in its gross income its pro rata share of the CFC’s subpart F income and/or the amount determined under Section 956 with respect to such…more

Controlled Foreign Corporations, Corporate Taxes, Principal Life Insurance Company, Shareholders, Tax Exemptions

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Miami-Dade County’s Public Transit Plans Spur Development Opportunities

With Miami-Dade County making a concerted effort to expand its public transit system, South Florida developers are asking “what development opportunities will accompany the birth of such transit system?”…more

Economic Development, Public Transit, Public-Private Partnerships, Real Estate Development, Urban Planning & Development

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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

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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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Recent Chilean Tax Reform Reinforces Need for U.S. Tax Treaty

Chile is the fifth largest economy in South America and increasingly one of the most significant U.S. trading partners in the region. U.S. foreign direct investment into Chile was $39.9 billion for 2012 (the latest year for…more

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Legal Considerations for Homebuilder Franchises

When you think of a “franchise” you probably think of fast food restaurants, car dealerships and gas stations; not homebuilders. Nevertheless, homebuilder franchises are becoming more and more popular…more

Construction Industry, Contractors, Franchises, General Contractors

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Q&A: Why Land Redevelopment May Hit Big

Land redevelopment hasn’t always been a popular option, at least not with neighboring land owners. But that might be changing. Originally Published in Globest.com - November 20, 2014…more

Property Owners, Real Estate Development, Redevelopment

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The Impact is Being Felt

The University of Miami held its fourth annual Real Estate Impact Conference on February 18th at the JW Marriott Marquis Miami in Downtown Miami. In front of a standing room only crowd of approximately 600 people, both local and…more

Commercial Real Estate Market, Construction Industry, Miami, Real Estate Development, Real Estate Investments

See All Updates »

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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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

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Real Estate Joint Venture Tips

A recent New York Times article described the increased presence of New York developers in the South Florida condominium market. The fact is that Miami real estate market has always been a seductive one for out of state…more

Condominiums, Joint Venture, Miami, Real Estate Development, Real Estate Investments

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The GM Engine that Couldn’t: $1.5B Nail in JPMorgan’s Coffin

In our recent post, “Review Twice, File Once, Review Again; UCC-3 Termination Intent Irrelevant,”we described how the Delaware Supreme Court set forth how a secured party’s lien can be terminated without the requisite intent, so…more

General Motors, JPMorgan Chase, Secured Creditors, Secured Debt, UCC

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New Development Opportunities Through Public-Private Partnerships

Homebuilders and developers may want to consider availing themselves of opportunities arising through public-private partnerships (P3s). The Obama administration has recently proposed several creative approaches to P3s. Those…more

Construction Industry, General Contractors, P3s, Public-Private Partnerships, QPIB

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BofA’s Inconsistent Positions

Bank of America recently moved to dismiss a lawsuit filed by Ambac Assurance Corp. in New York state court, alleging $600 million in damages for fraudulent inducement in connection with payments it made under policies insuring…more

Ambac Financial Group, Bank of America, Countrywide, False Statements, RMBS

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Q&A: Why Land Redevelopment May Hit Big

Land redevelopment hasn’t always been a popular option, at least not with neighboring land owners. But that might be changing. Originally Published in Globest.com - November 20, 2014…more

Property Owners, Real Estate Development, Redevelopment

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The GM Engine that Couldn’t: $1.5B Nail in JPMorgan’s Coffin

In our recent post, “Review Twice, File Once, Review Again; UCC-3 Termination Intent Irrelevant,”we described how the Delaware Supreme Court set forth how a secured party’s lien can be terminated without the requisite intent, so…more

General Motors, JPMorgan Chase, Secured Creditors, Secured Debt, UCC

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Canadian Real Estate Brokerage Expands U.S. Reach Through South Florida Purchases

Canadian Real Estate Brokerage Avison Young, Inc. recently expanded its U.S. reach when it announced last week that it entered into a definitive agreement to acquire Miami-based commercial real estate brokerage and property…more

Acquisitions, Canada, Real Estate Brokers, Real Estate Investments, Real Estate Market

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Newly Passed Bill May Impact Dodd-Frank Act

The House of Representatives passed legislation that could loosen some of the restrictions imposed by Dodd-Frank on big banks. The bill, Promoting Job Creation and Reducing Small Businesses Burden Act, passed by a margin of…more

Banks, Collateralized Loan Obligations, Dodd-Frank, JOBS Act, New Legislation

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Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses

Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses. This seminar discusses the case of Duggan, LLC v…more

Breach of Contract, Construction Contracts, Construction Industry, Contract Disputes, Contractors

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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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Conducting Corporate Internal Investigations

Watch an in-depth webinar discussion focused on conducting corporate internal investigations, both in the U.S. and abroad. Bilzin Sumberg attorneys Marty Steinberg and Rafael R. Ribeiro present best practices for conducting…more

Auditors, Chief Compliance Officers, Confidential Employer Investigations, Corporate Counsel, Internal Investigations

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Recent Chilean Tax Reform Reinforces Need for U.S. Tax Treaty

Chile is the fifth largest economy in South America and increasingly one of the most significant U.S. trading partners in the region. U.S. foreign direct investment into Chile was $39.9 billion for 2012 (the latest year for…more

See All Updates »

TRIA is Renewed, Finally…

In the wake of the tragic September 11th attacks, virtually all commercial reinsurance contracts that renewed by July 2002 included absolute terrorism exclusions. As a result, domestic direct insurers passed these exclusions…more

Pending Legislation, Terrorism Insurance, Time Extensions, TRIA

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Huge Settlements Between S&P, Government

2015 is leaving Standard and Poor’s (S&P) quite a bit poorer. Yesterday, the major credit rating agency agreed to pay $1.375 billion to resolve lawsuits brought against it by the U.S. Department of Justice and attorney generals…more

CMBS, Collateralized Debt Obligations, DOJ, Rating Agencies, RMBS

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Considerations For Lenders in Workouts & Loan Restructurings

Despite the improvement in the economy since the advent of the “Great Recession,” many businesses nevertheless continue to struggle. Accordingly, lenders are well advised to stay up to date on  “best practices” when facing a…more

Contract Terms, Debt Restructuring, Finance Lenders, Good Faith, Lenders

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Advisory Committee’s Recommendations: Positive Sign for South Florida Companies

We previously discussed the SEC’s decision to allow businesses to solicit accredited investors and what this could mean for the growth of companies in Florida. Now, the SEC is weighing whether the definition of ‘accredited…more

Accredited Investors, Economic Development, Entrepreneurs, Equity Financing, Offerings

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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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Condo Developers Getting Relief From Washington

In an uncharacteristic bipartisan style, the House of Representatives of the U.S. Congress passed H.R. 2600 on September 26, 2013, and almost a year later, on September 19, 2014, the Senate followed by enacting S.2101…more

Condominiums, Construction Contracts, Construction Industry, Contractors, Land Developers

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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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2015 Economic Outlook. Blue Skies Ahead.

Renowned economist Hugh F. Kelly (PhD, CRE), Clinical Professor in New York University’s Schack Institute of Real Estate and the 2014 national Chairman of The Counselors of Real Estate, led a discussion at a CREW-Miami luncheon…more

Capital Markets, Commercial Real Estate Market, Economic Development, Miami, Real Estate Market

See All Updates »

Considerations For Lenders in Workouts & Loan Restructurings

Despite the improvement in the economy since the advent of the “Great Recession,” many businesses nevertheless continue to struggle. Accordingly, lenders are well advised to stay up to date on  “best practices” when facing a…more

Contract Terms, Debt Restructuring, Finance Lenders, Good Faith, Lenders

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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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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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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

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BofA’s Inconsistent Positions

Bank of America recently moved to dismiss a lawsuit filed by Ambac Assurance Corp. in New York state court, alleging $600 million in damages for fraudulent inducement in connection with payments it made under policies insuring…more

Ambac Financial Group, Bank of America, Countrywide, False Statements, RMBS

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Legal Considerations for Homebuilder Franchises

When you think of a “franchise” you probably think of fast food restaurants, car dealerships and gas stations; not homebuilders. Nevertheless, homebuilder franchises are becoming more and more popular…more

Construction Industry, Contractors, Franchises, General Contractors

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Art Basel Miami Beach Attracts World-Class Hotel Brands

Last week more than 75,000 art aficionados and celebrities from around the globe descended upon Miami for the 2014 edition of Art Basel Miami Beach. What began in 2002 as a winter outpost of the original Art Basel in Basel,…more

Art, Hospitality Industry, Hotels, Miami, Resorts & Restaurants

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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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Quantitative Easing: Who is the Fed Appeasing?

After meeting behind closed doors a few weeks ago, the Federal Reserve announced its latest monetary policy. Not surprisingly, Fed Chair Janet Yellen’s remarks included a statement on the future (or lack thereof) of the central…more

Balance Sheets, Banks, Federal Reserve, Interest Rates, Mortgage-Backed Securities

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Homebuilder Series Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses

Watch an in-depth Bilzin Sumberg Homebuilder Series webinar that discusses protecting your company from misrepresentation claims through contractual exculpatory clauses. This seminar discusses the case of Duggan, LLC v…more

Breach of Contract, Construction Contracts, Construction Industry, Contract Disputes, Contractors

See All Updates »

Transit Oriented Development Critical to Metropolitan Growth

Urban Development: Faster Greener Commutes Key to Sustained City Growth, a report released in October 2014 by Cushman & Wakefield, provided insight into Transit Oriented Development as it explored “the consequences of rapid…more

Commuting, Highways, Infrastructure, Miami, Public Projects

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Contact

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

  • 305.374.7580
  • 305.374.7593

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
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Locations
Other U.S. Locations
  • Florida
Number of Attorneys

100+ Attorneys

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