Florida Business Litigation and Limited Liability Companies – A Primer on LLCs
One of the reasons that people choose to conduct business through a corporate entity is the limited liability that corporations provide to their members, officers, or shareholders. Traditional business entities such as partnerships and sole proprietorships potentially expose their members to unlimited liability for the debts incurred by the corporation; in both cases the partners […]
Facebook IPO Results in Class Action Securities Lawsuit
Several Class Action lawsuits have been filed against Facebook, Morgan Stanley, as well as the other banks that underwrote Facebook's highly publicized IPO last Thursday. On May 18th, 421 million shares of Facebook common stock were made available to the public, making the total value of the IPO more than $16 billion. One of these […]
Due Process and Wetland Designations – Supreme Court Sides with Property Owners
Supreme Court Allows for Judicial Review of Clean Water Act Wetlands Designations In March of this year, the Supreme Court reversed a lower court decision holding that a property owner could only challenge an EPA Compliance Order if and when the EPA brought an enforcement action seeking to impose civil and criminal penalties. Mike and […]
The Importance of Pleading Alternative Theories in a Lawsuit
Feldman v. Villa Regina Association, Inc., No. 3D10-1328 (Fla. 3d DCA May 2, 2012) This case involved a number of claims arising from alleged water intrusion, and damage to a condominium unit therefrom. At the inception of the case and throughout, the plaintiff proceeded solely on the theory that the injury to his unit was […]
Construction to Begin on Miami Mixed-Use Development
Swire Senior VP of Development Christopher Gandolfo announced in a statement last Wednesday that construction of the long planned Brickell CitiCentre project will begin at the end of June. According to Swire, this project will bring 1,700 contruction jobs and 3,500 permanent jobs to the region. Swire Properties announced its plans for a major new […]
Apple Wins Review of Alleged Patent Violation by Samsung
Apple Wins Bid to Pursue Samsung Tablet Ban A Federal Appeals Court ruled today that Apple could proceed with a legal claim that Samsung’s tablets violate patents held by Apple. Apple had initially filed suit in in April of 2011 alleging that Samsung was infringing on 4 patents that Apple holds that relate to the […]
Microsoft accuses Motorola Mobility of unfair licensing on Patents
Microsoft argued to today in federal court that Motorola Mobility is unfairly demanding $4 Billion in annual patent royalties. At the heart of the dispute is a claim by Microsoft that Motorola Mobility failed an obligation to offer fair licensing on patents it holds on technology essential to industry standards on Wi-Fi and video technology. […]
Oracle Gets Partial Win in Suit Against Google
In a partial win for Oracle, a jury decided unanimously today that Google did infringe on the overall structure, sequence and organization of Oracle’s Java programming language. Without getting into the technical details, Google violated Oracle’s copyright by”. . . liberally borrowing technology from Sun's Java — including the programming language itself, the syntax of […]
Optimism in South Florida Housing Market
According to Seattle-Based real estate website Zillow.com, South Florida’s housing market hit bottom at the end of 2011. Zillow’s position is supported by local interviews conducted by the Sun-Sentinel, who spoke to a dozen builders, buyers, analysts, real estate agents and other people involved in the local real estate market, ten of whom agreed that […]
Parc Central Aventura Condominium Foreclosure Case Result
Bank of America, along with five other banks, has recently foreclosed on 51 units in the Parc Central Aventura condominium development in Aventura, Florida. The other banks involved in the litigation were Wells Fargo Bank and Charter One Bank, each with a 25% stake, and Lakeside Bank and Emigrant Realty Finance with a 12.5% interest. […]