Bilzin Sumberg Baena Price & Axelrod LLP

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Brian Adler

Miami-Dade County Road Impact Fees To Increase 23% On April 22, 2014

On April 22, 2014, the roadway impact fee will increase by 23%. Developers should be aware of these increases in impact fees, as substantial cost savings can be achieved through pulling building permits on April 21, 2014, which…more

Highways, Infrastructure, Roads

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Suzanne Amaducci-Adams

Female Powerbrokers Q&A: Bilzin Sumberg's Amaducci

Suzanne M. Amaducci-Adams is a partner at Bilzin Sumberg Baena Price & Axelrod LLP's Miami office, where she leads the firm's hospitality group. She handles all aspects of commercial real estate and finance transactions,…more

Career Development, Women in the Law, Young Lawyers

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Karyl Argamasilla

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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John B. Atkinson

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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Javier Avino

Miami-Dade Mayor Emphasizes The Importance Of P3s

During his State of the County Address this week, Miami-Dade Mayor Carlos Gimenez emphasized the importance of following the national trend of increasing public-private partnerships (P3s) to “tackle the urgent challenge of…more

Infrastructure, P3s, Public-Private Partnerships

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Alan Axelrod

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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Scott Baena

Editorial: In re Fisker Automotive Holdings, Inc., "I Got A Brand New Car, And I'm Feeling Good So Far"

Without question, the bedrock of bankruptcy, particularly a successful one, is consent. Indeed, the notion of consent is threaded throughout the Bankruptcy Code and related law in respect of diverse issues ranging from the…more

Commercial Bankruptcy, Fisker

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Brian Bilzin

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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Enza G. Boderone

Bank of America Settlement in Jeopardy?

Bank of America’s $8.5 billion settlement in 2011 to resolve claims over Countrywide’s mortgage abuses may be in jeopardy. Last week, a group of investors, the Triaxx funds and the Federal Home Loan Banks of Boston, Indianapolis…more

Bank of America, Investors, Liens, Loans, Mortgage Abuses

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Sacha Boegem

Ninth Circuit Rules National Banks are Residents Only of Their Home State

The United States Court of Appeals for the Ninth Circuit (encompassing nine Western states and two Pacific islands) has held that for purposes of diversity jurisdiction a national bank is a citizen only of the state in which its…more

Banks, Residency Requirements

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Justin Brenner

Editorial: Supreme Court Lowers Bar For Class Action Certification

The U.S. Supreme Court's most recent opinion opinion in the arena of class action certification not only alters the landscape of class certification in securities fraud class actions, it also raises major questions about the…more

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Helene Brown

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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Jana Croft

Market Trends Indicate Improvement In Miami-Dade Office Market

A recent report published by commercial brokerage company Marcus & Millichap, projects an improved financial environment for owners of office buildings in the second half of the year as a result of lower vacancy and increased…more

Economic Development, Municipalities

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Krista DeCastro

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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Albert E. Dotson, Jr.

Miami Light Rail System May Become A Signature P3

Plans of New Passenger Rail Link from Miami-to-Miami Beach - On several occasions we have written about transportation public-private partnerships in the Miami area. These have included posts on red-light cameras,…more

Infrastructure, P3s, Public Transit, Public-Private Partnerships, Roads

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Jose M. Ferrer

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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Alex Figares

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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Ruben Fogel

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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Wendy François

Miami Light Rail System May Become A Signature P3

Plans of New Passenger Rail Link from Miami-to-Miami Beach - On several occasions we have written about transportation public-private partnerships in the Miami area. These have included posts on red-light cameras,…more

Infrastructure, P3s, Public Transit, Public-Private Partnerships, Roads

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David Gersten

Q&A With Bilzin Sumberg's David Gersten

David M. Gersten, former chief judge in Florida's Third District Court of Appeal, chairs Bilzin Sumberg Baena Price & Axelrod LLP's appellate practice, and is a partner in the litigation group in Miami. Q: What is the…more

Appeals, Ethics, Summary Judgment

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Richard Goldstein

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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Mildred Gomez

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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Manuel Gonzalez

Leading Markets Index Shows 59 Metro Areas At Or Above Normal Levels In March

On March 6th, the National Association of Home Builders (NAHB) released its Leading Market Index (LMI). The report indicates that out of 350 metro areas evaluated across the country, 59 housing markets have returned to or have…more

Economic Development, National Association of Home Builders

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Jeffrey Gutchess

U.S. Supreme Court Reinstates $185 Million International Arbitration Award - Court Reaffirms Arbitral Preconditions Presumptively For Arbitrators’ Determination

In a much anticipated opinion, on March 5, 2014, the U.S. Supreme Court decided 7-2 to reverse the lower court and revive a $185 million arbitration award in BG Group PLC v. Republic of Argentina. The case began under the…more

Arbitration, Arbitration Awards, BG Group v Republic of Argentina, Bilateral Investment Treaties, International Arbitration

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Adam F. Haimo

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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Bryan Hawks

Hotel Transactions In Miami Still Simmering

As Suzanne Amaducci-Adams wrote in a previous blog post, the average daily occupancy rate, average daily room rate (ADR) and revenue per available room (RevPAR) numbers for Miami each had a significant increase for the first…more

Hospitality Industry, Hotels, Tourists

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Carlos Junco

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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Joshua Kaplan

IRS Recognizes Same Sex Marriages, Even If States Do Not

The Internal Revenue Service has announced that same sex couples legally married in a state whose laws authorize such a marriage will be deemed to be married for Federal tax purposes, even if they live in a state (such as…more

Federal Taxes, Income Taxes, IRS, Same-Sex Marriage

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Rena Kelley

Enterprise Florida Opens Business Development Offices In China

Enterprise Florida recently opened business development offices in Hong Kong and Shanghai. Enterprise Florida is a partnership between Florida’s businesses and government leaders that strives to increase job growth for Florida…more

Foreign Investment

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Russell Koonin

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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Michael Kreitzer

History Repeats Itself At The Mouth Of The Miami River

Ten years ago, attorney Michael Kreitzer represented a developer who was faced with an injunction on its development of a high-rise apartment building on the south side of the Miami River after it was discovered that the…more

Environmental Claims, Environmental Liability, Land Preservation, Urban Planning & Development

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Nadia Kruler

Prop. Regs. Apply ‘Delta’ Approach For Dividend-Equivalent Payments To Foreign Persons

Section 871(m) was enacted in 2010 to curb the perceived abuse of foreign persons using derivatives — primarily notional principal contracts (NPCs) or swaps — to replicate the ownership of an underlying U.S. equity without such…more

Dividends, Foreign Nationals, Income Taxes, Swap Dealers, Swaps

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Patrick Lannon

Family Trust Company Essential Long-Term Planning Tool For Entrepreneurs

Miami is a hot bed for start-up businesses and entrepreneurs, and is one of the most innovative business communities in the country. It’s certainly no surprise, seeing as Florida is ranked the #2 state to do business in, due to…more

Estate Planning, Trusts

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Steven Lear

Study Finds Housing Recovery Fully Taken Hold Nationwide

A recent article in National Mortgage Professional Magazine released a RealtyTrac analysis of housing market health in 410 U.S. counties in two-year increments over the past eight years, finding that “96 percent of county…more

Housing Market, HUD

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Alexandra Lehson

Size Does Matter: Jumbo Lending Up In South Florida

Jumbo loans (loans above conforming loan limit of $417,000 in Miami-Dade and Broward Counties) increased by 31% year-over-year in 2011 to 3,782 jumbo loans originated in South Florida…more

Housing Market, Jumbo Loans, Lenders, Mortgages

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Cristina Arana Lumpkin

FBA Announces Coalition To Lobby Florida Legislature To Reduce VCTC Program Backlog

The Florida Brownfields Association (“FBA”) announced the formation of a coalition to encourage the Florida Legislature to clear out the backlog of existing Voluntary Cleanup Tax Credits. If FBA and its partners are successful,…more

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Adam Lustig

Preconstruction Deposits Are Lifeblood For Lending: Q&A With Bilzin Sumberg’s Adam Lustig

A few years ago, when condo developers began requiring significant up-front deposits from buyers prior to the finish of a project, it was a work-around for a lack of financing in the market. In the last year, lenders have…more

Condominiums, Construction Contracts, Land Developers, Lending

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Lori Lustrin

Florida Adopts More Stringent Standard For Expert Witnesses

Florida recently joined the federal courts and 40 other states in adopting the Daubert standard for admissibility of expert testimony…more

Daubert Hearing, Evidence, Expert Testimony, George Zimmerman, Kelly-Frye Test

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Joseph Mamounas

ICCA 2014. Does “Male, Pale, And Stale” Threaten The Legitimacy Of International Arbitration? Perhaps, But There’s No Clear Path To Change

On Monday, 7 April, at the 2014 ICCA Miami Conference, the international-arbitration community gathered to address the question, “Who are the arbitrators?” The answer, panel attendees were told, was “male, pale, and stale” –…more

Arbitration, Diversity, ICDR, ICSID, International Arbitration

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Eileen Ball Mehta

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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Andres Mendoza

Rebounding South Florida Real Estate Market Fuels Employment

The numbers in a recent South Florida jobs report confirmed what all of the new building cranes going up have indicated - the real estate market is back in South Florida. According to a recent Miami Herald article, the…more

Real Estate Market

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Anthony Narula

Eastern Pompano Beach Is Open For Business

Eastern Pompano Beach has quickly positioned itself to become the next hot spot for development in South Florida. Investors are betting that recent public sector efforts will translate into a thriving community…more

CRA, Entrepreneurs, Incentives, Investors, Public-Private Partnerships

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Howard Nelson

FBA Announces Coalition To Lobby Florida Legislature To Reduce VCTC Program Backlog

The Florida Brownfields Association (“FBA”) announced the formation of a coalition to encourage the Florida Legislature to clear out the backlog of existing Voluntary Cleanup Tax Credits. If FBA and its partners are successful,…more

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Melissa Pallett-Vasquez

Canadian Investment Firm Building Upscale Mobile Home Parks In Florida

As ties between Canada and Florida continue to strengthen, Canadian investment in the region continues to increase. Tricon Capital Group, the Canadian company whose profit rose five-fold last year after betting on U.S. housing…more

Canada, Mobile Homes

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Serge Pavluk

Middle-Market Will Benefit Florida, The Nation’s Most Innovative State

Middle-market M&A had a great fourth quarter in 2012. Dealmakers were busy closing deals ahead of the then-anticipated increase in taxes. While the first quarter of 2013 has been relatively less active as compared to the end of…more

Buyers, EBITDA, Middle Market, Private Equity

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Amy Podolsky

Agrihoods: The New “Farm-To-Table” Homebuilding Trend

Imagine driving down the paved street of a suburban community. Children are riding their bikes toward a neighborhood playground. Couples are walking on the sidewalk with tennis gear headed toward the local tennis courts. Parents…more

Farms, Organic, Real Estate Development

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Wendy Polit

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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Eugene Polyak

Federal Court Follows Recent Statute of Limitations Decision for Mortgage Buyback Claims

We recently posted about a critical ruling out of New York’s intermediate state appellate court, the case of ACE Securities Corp. v. DB Structured Products, Inc., 977 N.Y.S.2d 229, 231 (N.Y.A.D. 1st Dept. Dec. 19, 2013). In that…more

Buyback Programs, Mortgage Loan Originators, Mortgage Loan Servicing Standards, Mortgage-Backed Securities, Mortgages

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Stanley Price

Covenants In Lieu Of Unity Of Title; A Flexible Vehicle To Address Phased And Multi-Purposed Developments

For years, governmental agencies have wrestled with the concept of how to best regulate and control multi-phased and/or mixed-use developments which may result in multiple ownerships…more

Land Developers, Municipalities, Property Ownership, Real Estate Development, Real Estate Market

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Rafael R. Ribeiro

Florida Federal Court Rejects Arbitration Waiver Claims In Multijurisdictional Dispute Litigated By Bilzin Sumberg

On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Jurisdiction, Multidistrict Litigation

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Jeffrey L. Rubinger

Q&A With Bilzin Sumberg's Jeffrey Rubinger

Jeffrey L. Rubinger is a partner in Bilzin Sumberg Baena Price & Axelrod's Miami office. He practices in the area of domestic and international taxation. Originally Published on Law360 - January 31, 2014…more

International Tax Issues, Tax Deferral, Tax Evasion

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Jeremy Sahn

SEC To Demand More Public Accountability This Year From Wrongdoers In Financial Markets

SEC Chair Mary Jo White announced last week that the SEC is changing its protocol relating to admissions of guilt in settlements with wrongdoers in the securities markets. Historically, SEC practice was to settle cases against…more

Admissions, Compliance, Enforcement Actions, Mary Jo White, SEC

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Jay M. Sakalo

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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Shalia Sakona

Judge Denied Bank of America’s Motion to Dismiss $850M Mortgage Fraud Case

Last week, Magistrate Judge David S. Cayer of the U.S. District Court for the Western District of North Carolina denied Bank of America’s motion to dismiss the Security and Exchange Commission’s claims against it in SEC v. Bank…more

Bank of America, Disclosure, High-Risk Mortgages, RMBS, SEC

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David Schubauer

Supreme Court Denies Certiorari In Win For Condo-Hotel Developers

We recently posted about condo-hotels and their apparent comeback in the marketplace. Now, a recent Supreme Court decision that decreases the restrictions historically inherent to these types of properties could intensify the…more

Certiorari, Condominiums, Hotels, SCOTUS

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Lorelei A. Schumacher

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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Martin Schwartz

Editorial: Pitfalls In Fla.'s Revised Condo Termination Statute

In 2007, the condominium termination statute (Section 718.117 of Florida Statutes) was completely rewritten to address problems with an aging condominium inventory and declarations that typically required 100 percent of unit…more

Condominiums, Florida, Real Estate Market, Termination Clauses, Title Insurance

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Richard Shane

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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James W. Shindell

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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Robert Siegel

Eastern Pompano Beach Is Open For Business

Eastern Pompano Beach has quickly positioned itself to become the next hot spot for development in South Florida. Investors are betting that recent public sector efforts will translate into a thriving community…more

CRA, Entrepreneurs, Incentives, Investors, Public-Private Partnerships

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Jessica Silver

History Repeats Itself At The Mouth Of The Miami River

Ten years ago, attorney Michael Kreitzer represented a developer who was faced with an injunction on its development of a high-rise apartment building on the south side of the Miami River after it was discovered that the…more

Environmental Claims, Environmental Liability, Land Preservation, Urban Planning & Development

See All Updates »

Eric Singer

Miami Light Rail System May Become A Signature P3

Plans of New Passenger Rail Link from Miami-to-Miami Beach - On several occasions we have written about transportation public-private partnerships in the Miami area. These have included posts on red-light cameras,…more

Infrastructure, P3s, Public Transit, Public-Private Partnerships, Roads

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Jeffrey Snyder

Caveat Venditor: Is Your Buyer Laundering Money?

The Rise of the Cash Market - We have previously dedicated several posts to the emerging trend among South Florida developers of financing new condominium projects by requiring purchasers to deposit 70-80% of a unit’s…more

Condominiums, LLC, Money Laundering, OFAC, Purchase Price

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Philip R. Stein

Ninth Circuit Rules National Banks are Residents Only of Their Home State

The United States Court of Appeals for the Ninth Circuit (encompassing nine Western states and two Pacific islands) has held that for purposes of diversity jurisdiction a national bank is a citizen only of the state in which its…more

Banks, Residency Requirements

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Marty Steinberg

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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Scott Wagner

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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Stacia A. Wells

Bank of America’s $8.5 Billion Settlement Will Not Be Delayed by AIG

Late last month, a New York state judge denied AIG’s request to delay approval of Bank of America’s $8.5 billion settlement with private investors in connection with certain mortgage-backed securities that had soured. Bank of…more

AIG, Bank of America, Mortgage-Backed Securities, Settlement

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Mitchell Widom

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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Lindsey Zohn

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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