Bilzin Sumberg Baena Price & Axelrod LLP

GAO Bid Protest Reform

Debates in Washington over expenditures associated with military-related bid protests are fueling new legislation that could curtail protest efforts. The Government Accountability Office (GAO) handles bid protests filed by…more

Bid Protests, Department of Defense (DOD), Federal Contractors, GAO, Jurisdiction

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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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Lessons from eMerge: The Communication Decency Act, A Tool Against Cyberbullying

The 3rd annual eMerge conference hosted a list of speakers as diverse as Miami. Among them, Colin Powell, Tony Hawk, Pitbull, and Monica Lewinsky. Just last year, Ms. Lewinsky broke her public silence when she gave a…more

Bullying, Communications Decency Act, Cyberbullying, Defamation, Internet Service Providers (ISPs)

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Reform on the horizon for the popular EB-5 Program

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

Affordable Housing, Construction Industry, DHS, EB-5, Foreign Investment

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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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eMerge Welcomes Guests with Iconic Opening Reception

Sunday night was a buzz at the opening reception for the 3rd annual eMerge conference located at the iconic 1111 Lincoln Road garage. The attendees enjoyed food, drinks and music, but the real discussion centered on the…more

Business Formation, Business Opportunities, Cuba, Emerging Markets, Entrepreneurs

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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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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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El cielo es el límite

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

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

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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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Los aumentos de los costos están cambiando la construcción de apartamentos en el Sur de la Florida

En un panel de debate reciente, en el Foro de Finanzas de Miami, sobre el estado actual de los bienes raíces comerciales en el Sur de la Florida, los desarrolladores comerciales que formaban parte del panel dijeron que estaban…more

Apartments, Banking Sector, Construction Industry, Construction Project, Miami

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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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Las P3 y el riesgo político: ¿por qué las P3 de Miami-Dade pueden resistir el clima político?

En un año electoral, los inversores prestan mucha atención a los entornos políticos de las jurisdicciones que buscan el desarrollo de las asociaciones entre los sectores público y privado (“P3” o “PPP”). La inversión en el…more

Construction Industry, Construction Project, Florida, Infrastructure, Investment

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How South Florida Real Estate Developers Are Reducing Litigation Risk

Leading up to the Great Recession of 2008, properties throughout South Florida were being bought only to be subsequently resold at a profit.  This “flipping” of properties culminated in an unsustainably-inflated real estate…more

Construction Industry, Construction Litigation, Construction Project, Contractors, Financing

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Lo que Cuba quiere de los inversores

Los inversores estadounidenses han conseguido llegar a Cuba. A comienzos de Febrero, el Departamento del Tesoro de EE. UU. aprobó la primera inversión estadounidense de importancia en Cuba desde 1959: la fábrica de tractores…more

Biotechnology, Cuba, Foreign Investment, Mining, Renewable Energy

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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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Las P3 y el riesgo político: ¿por qué las P3 de Miami-Dade pueden resistir el clima político?

En un año electoral, los inversores prestan mucha atención a los entornos políticos de las jurisdicciones que buscan el desarrollo de las asociaciones entre los sectores público y privado (“P3” o “PPP”). La inversión en el…more

Construction Industry, Construction Project, Florida, Infrastructure, Investment

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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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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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Art Basel: implicaciones tributarias para coleccionistas de arte estadounidenses e internacionales

Desde su lanzamiento en 2002, Art Basel Miami Beach se ha transformado en la que muchos consideran la feria de arte más prestigiosa e influyente de las Américas. La edición de 2014 recibió a más de 70 000 visitantes…more

Artists, Estate Tax, Tax Rates

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Housing Building Jumps in April

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

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

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La propuesta de presupuesto del condado de Miami-Dade confirma el compromiso con las P3

La semana pasada, el alcalde del condado de Miami-Dade, Carlos Giménez, presentó la propuesta de presupuesto para el año fiscal 2015-16 y el plan de inversión de capital multianual. Un repaso de las partidas del presupuesto…more

Affordable Housing, Body Worn Cameras, Construction Industry, Cruise Ships, Department of Corrections

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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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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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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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How South Florida Real Estate Developers Are Reducing Litigation Risk

Leading up to the Great Recession of 2008, properties throughout South Florida were being bought only to be subsequently resold at a profit.  This “flipping” of properties culminated in an unsustainably-inflated real estate…more

Construction Industry, Construction Litigation, Construction Project, Contractors, Financing

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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 Private Partnerships (P3s), Public Transit, 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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What's Driving Record M&A Activity — And Will It Continue?

Corporate America just can't spend its hoarded piles of cash savings fast enough. Climbing out of the deep hole of the most recent recession, big corporate America is now fast and furiously looking for ways to spend its cash and…more

Acquisition Finance, Capital Expenditures, Capital Gains, CEOs, Executive Compensation

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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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Proposed Section 385 Regulations May Dramatically Impact Portfolio Debt Planning

On April 4, 2016, the IRS and Treasury issued proposed regulations under Section 385 (the “Proposed Regulations“). The Proposed Regulations, which were thought to have been a response to post-inversion earnings stripping…more

Business Taxes, Corporate Taxes, Debt, Equity, IRS

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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

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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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eMerge Americas 2016 is Nearly Here

On April 18th and 19th, eMerge Americas will host its third annual technology conference. Last year, the conference welcomed more than 10,000 attendees and 500 companies from more than 50 countries…more

Corporate Branding, Entrepreneurs, Innovation, Investment, Startups

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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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11th Circuit Rules that Assignee for the Benefit of Creditors Lacks Power to File Bankruptcy Case for Assignor

On December 17, 2015, the Eleventh Circuit Court of Appeals issued a decision of first impression, finding that an assignee for the benefit of creditors under Florida’s Assignment for the Benefit of Creditors statute (Fla. Stat…more

Assignees, Chapter 11, Chapter 7, Commercial Bankruptcy, Equitable Mootness

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Wells Accused of Profiting from Foreclosure Relief Program

A recent class action lawsuit filed on behalf of thousands of homeowners in New York against Wells Fargo alleges that while the bank received $25 billion in government bailout funds it failed to make a good faith effort to help…more

Bailout, Class Action, Foreclosure, Good Faith, HAMP

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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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eMerge Americas 2016 is Nearly Here

On April 18th and 19th, eMerge Americas will host its third annual technology conference. Last year, the conference welcomed more than 10,000 attendees and 500 companies from more than 50 countries…more

Corporate Branding, Entrepreneurs, Innovation, Investment, Startups

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What's Driving Record M&A Activity — And Will It Continue?

Corporate America just can't spend its hoarded piles of cash savings fast enough. Climbing out of the deep hole of the most recent recession, big corporate America is now fast and furiously looking for ways to spend its cash and…more

Acquisition Finance, Capital Expenditures, Capital Gains, CEOs, Executive Compensation

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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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Senate Tightens Requirements for Construction Defect Claims

The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a…more

Construction Contracts, Construction Defects, Construction Industry, Notice Requirements, Proposed Legislation

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Proposed Section 385 Regulations May Dramatically Impact Portfolio Debt Planning

On April 4, 2016, the IRS and Treasury issued proposed regulations under Section 385 (the “Proposed Regulations“). The Proposed Regulations, which were thought to have been a response to post-inversion earnings stripping…more

Business Taxes, Corporate Taxes, Debt, Equity, IRS

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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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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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Amendments to Condominium Termination Law Impede Ability to Terminate

Responding to perceived abuses in condominium terminations, the 2015 Florida Legislature passed Chapter 2015-175, amending the termination provisions of the Condominium Act. This statute clears up certain problems experienced in…more

Board of Directors, Condominium Act, Condominiums, Distressed Properties, Homestead Exemption

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

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

Condominiums, Construction Industry, Hotels, Land Developers, Miami

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Fintech and Striking a Balance Between Innovation and Consumer Protection

A topic of discussion at eMerge this year was the disruptive effect that Fintech is having within the financial sector. Fintech, which refers to the use of new technologies in the financial services industry to improve…more

Financial Institutions, Financial Sector, Financial Services Industry, FinTech, Innovative Technology

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Proposed IRS and Treasury Regulations Have Broad Implications for Intercompany Debt Structures

On April 4, 2016, the U.S. Treasury Department and the Internal Revenue Service (“IRS”) issued proposed regulations ostensibly aimed at curbing inversions and earnings stripping, by companies located in the U.S. with overseas…more

Corporate Taxes, Debt, Foreign Subsidiaries, Inversion, IRS

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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, Public Private Partnerships (P3s), 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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Lujo y cultura detrás del crecimiento de Miami como un destino para los más ricos

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

Condominiums, Construction Industry, Hotels, Land Developers, Miami

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El cielo es el límite

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

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

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Home Depot Challenges Banks’ Standing to Recover Losses Related to Data Breaches

In the aftermath of major data breaches at deep-pocketed retailers and other businesses, there is typically no shortage of litigants who move quickly to seek compensation from the business at which the breach occurred. But…more

Article III, Corporate Counsel, Credit Cards, Credit Unions, Cyber Attacks

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Oficinas compartidas: ¿el “Uber” de los inmuebles comerciales?

El nuevo consumo colaborativo está cambiando la forma en que los negocios se han hecho tradicionalmente en todas las industrias. El negocio de inmuebles comerciales no es una excepción. Así como Uber y Lyft han afectado la…more

Office Space, Sharing Economy, Uber

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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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Think your Cellphone Usage is Private? Think Again

In a closely-watched case out of Miami, the Eleventh Circuit Court of Appeals redefined the zone of privacy for cell phone users. As the Tech World was focused on Miami for the second annual eMerge conference, the court issued…more

Appeals, Cell Phones, Cell Towers, Fourth Amendment, Privacy Concerns

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Feds Provide Major Boost to Protection of Business Trade Secrets

President Obama is poised to sign the Defend Trade Secrets Act 2016 (“DTSA” or the “Act”), legislation that would fundamentally overhaul the decades-long tradition of state control of trade secrets lawsuits. DTSA, which amends…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte, Intellectual Property Protection

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Proposed IRS and Treasury Regulations Have Broad Implications for Intercompany Debt Structures

On April 4, 2016, the U.S. Treasury Department and the Internal Revenue Service (“IRS”) issued proposed regulations ostensibly aimed at curbing inversions and earnings stripping, by companies located in the U.S. with overseas…more

Corporate Taxes, Debt, Foreign Subsidiaries, Inversion, IRS

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

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

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

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Reform on the horizon for the popular EB-5 Program

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

Affordable Housing, Construction Industry, DHS, EB-5, Foreign Investment

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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
  • 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
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Locations
Other U.S. Locations
  • Florida
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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