Doing Business in Florida Blog
Beware: You May Not Have a Direct Claim Against Your Bad-Acting Co-Shareholder or Co-Member
March 7, 2016
P. Benjamin Zuckerman
It is inevitable. When co-owners (whether members of a limited liability company or shareholders of a corporation) split-up or reach the split-up point, one inevitably thinks the other or others have wronged him, that the other or others have breached their fiduciary duty to him. Beware. Two fairly recent cases from Florida appellate courts make it clear that such claims may not be available.
The California Supreme Court's Decision Permitting Borrowers to Challenge Assignments of Mortgage Should Not Have an Impact Upon Florida
February 21, 2016
Fred O. Goldberg
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
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.
Valentine's Day Aftermath?
February 15, 2016
Gina Clausen Lozier
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”).