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Post-Westwood Eleventh Circuit Bankruptcy Appellate Standing Cases

February 18, 2016
Paul A. Avron and Ilyse M. Homer

Preparing for Turnover – What a Developer Should be Mindful Of

February 16, 2016
Barry D. Lapides

Valentine's Day Aftermath?

February 15, 2016
Gina Clausen Lozier

Don't be Afraid of Your Shadow

February 15, 2016
Gina Clausen Lozier

Approval of Bankruptcy Settlements – No Evidentiary Hearing Required

February 15, 2016
Brian G. Rich

When seeking approval of a settlement in a bankruptcy case, the usual vehicle for approval is the filing of a motion pursuant to Bankruptcy Rule 9019 and a subsequent hearing. While Rule 9019 and case law require certain factual and legal thresholds be established to gain the approval, the Rule does not specifically require

Be Careful What You Wish For (Part II): Fourth Circuit Invalidates Arbitration Provision Which Was Not Governed by Applicable Law

February 15, 2016
Zachary P. Hyman

Arbitration is popular alternative dispute resolution mechanism, which allows parties to structure litigation in a manner that theoretically streamlines the process, cuts costs, and helps them obtain an expeditious resolution of a dispute. However, a party’s ability to structure an alternative dispute resolution mechanism is not without limits. For example, the decision of the Fourth Circuit Court of Appeals in Heyes v. Delbert Services Corp., 2016 WL 386016 (4th Cir. Feb. 2, 2016) demonstrates the importance of drafting contracts that comply with applicable law.

South Florida's Real Estate Market in 2016: What Local Real Estate Professionals Have to Say

February 7, 2016
Iryna Ivashchuk

Be Careful What You Wish For: Eleventh Circuit Finds that an Assignment for the Benefit of Creditors Cannot be Converted into a Bankruptcy without Specific Authorization

January 27, 2016
Paul A. Avron and Zachary P. Hyman

The Eleventh Circuit’s recent decision in Ullrich v. Welt (In re NICA Holdings, Inc.), Case No. 14-14685, 2015 WL 9241140 (11th Cir. Dec. 17, 2015) demonstrates the importance of carefully selecting legal regimes when deciding to place a company in an insolvency proceeding, such as an Assignment for the Benefit of Creditors (“ABC”), a bankruptcy proceeding, or possibly both with one as an alternative.

Survey Says... Latin America Will Continue to Drive Foreign Investment in South Florida Real Estate in 2016

January 26, 2016
Katherine Amador

Recent Case Provides Wake-Up Call to the Lodging Industry: Potential Liability of Individual Managers and Related Entities Under FLSA

January 13, 2016
Frank Scruggs

A recent decision by the United States District Court for the Middle District of Florida alerts individual managers, companies operating lodging properties, and related entities to potential liability under the Fair Labor Standards Act (“FLSA”).

Looming Election Won't Take Shine Off of South Florida's Real Estate Market According to Berger Singerman Survey

January 5, 2016

A growing number of investment opportunities across the real estate industry, continued foreign investment in the South Florida market and sustained gains in the U.S. economy underline a sense of optimism among industry leaders looking toward 2016, according to a new survey released today by Berger Singerman, Florida’s business law firm.

The Independent Contractor vs. Employee Classification Issue in Florida Unemployment Compensation Claims Determination: An Intriguing Appeal Against the Backdrop of Multiple Battles Involving Uber

January 5, 2016
Frank Scruggs

As Uber seeks Florida legislation, through House Bill 509 and Senate Bill 1118, to establish a regulatory regime that preempts local ordinances and codifies a framework for designation of its drivers as independent contractors rather than employees, it faces a driver’s appeal of the denial by the State of Florida Department of Economic Opportunity (“DEO”) of his claim for unemployment compensation on the grounds that he is not an employee under Florida law.