Category Archives: Awards

BANKRUPTCY LAW – Small Business Reorganization Act, New Interim Rules Released

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The United States Bankruptcy Court for the Southern District of Florida, through its Chief Judge, Laurel M. Isicoff, issued several updates tonight regarding the new Small Business Reorganization Act (SBRA), which goes into effect TOMORROW!

As stated by the Chief Judge: “The SBRA creates a new subchapter V of chapter 11 for the reorganization of small business debtors.  It does not repeal existing chapter 11 provisions regarding small business debtors, but instead creates an alternative procedure that small business debtors may elect to use.”

The Court further stated that: The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has promulgated Interim Rules and Form Amendments to the Federal Rules of Bankruptcy Procedure as a result of the passage of the Small Business Reorganization Act.

Among the numerous orders, is Administrative Order 2020-02 In re: Adoption of Interim SBRA Bankruptcy Rules.  This is an important set of rules that bankruptcy practitioners in the Southern District of Florida must follow.

Amended Official Forms 101, 201, 309E (renumbered 309E1), 309F (renumbered as 309F1), 314 (use Local Form LF-33), 315, and 425A, and new Official Forms 309E2, and 309F2 become effective February 19, 2020. For changes in the Bankruptcy Forms please visit: https://www.uscourts.gov/rules-policies/pending-rules-and-forms-amendments/pending-changes-bankruptcy-forms.

Additional SBRA Resource:

A Guide to the Small Business Reorganization Act of 2019” by U.S. Bankruptcy Judge Paul W. Bonapfel Northern District of Georgia.

Eric N. Assouline, Esq.

 

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HAPPY 17th ANNIVERSARY to ASSOULINE & BERLOWE!

MIAMI – Assouline & Berlowe, P.A., The Business Law Firm, is pleased to announce that today it is celebrating its 17th Anniversary.

Started on February 10, 2003, through humble beginnings, in a small subleased space in Coral Gables, Assouline & Berlowe has weathered the many business climate changes and challenges of the past two decades.

Assouline & Berlowe is proud of its contributions to its communities in the tri-county area, as part of its presence with offices in Miami, Ft. Lauderdale/Dania Beach, and Boca Raton.  Assouline & Berlowe regularly supports both its legal community and numerous charitable organizations alike.

Assouline & Berlowe is strategically positioned to continue its expansion as a strong player in South Florida’s international business environment.

To all those that we have worked with in the past and to those we hope to work with in the future, we say thank you.

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INTERNATIONAL ARBITRATION / BANKRUPTCY PANEL DISCUSSION – October 23, 2019 at the University of Miami

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ONLY 7 DAYS LEFT.

The International Arbitration Society at the University of Miami School of Law is presenting a panel discussion on the conflict between International Arbitration and Domestic Insolvency.

Date : October 23, 2019

Time: 6:30 p.m. – 9 p.m.

The discussion will be followed by a networking social.

Students, professionals and practitioners are invited to attend and participate.

Please RSVP here: https://lnkd.in/eAT24JM

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PARALEGAL SEMINAR – OCT. 19, 2019 – South Florida Paralegal Association

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Assouline & Berlowe Litigation Partner Peter E. Berlowe is one of the guest speakers at this year’s Annual Fall Seminar for the the South Florida Paralegal Association. 

On October 19, 2019 at the Florida International University – College of Law

Located at Rafael Diaz Balart Hall (RDB) Room 2008, 11200 SW 8th Street, Miami, FL 33199

Offering 6.5 Credits

Including 1  Ethics Credit and 0.5 Technology Credit

With Keynote Speaker

Mercedes M. Prieto, Esq., Clerk of the Third District Court of Appeal on Introduction to Legal Research and Legal Memoranda Writing

and guest speakers


 Peter E. Berlowe, Esq. of Assouline & Berlowe, P.A. on Analysis of an Injurious Falsehood Case and the Paralegal’s Role

 Marc Hurwitz of Crossroads Investigations on A Former CIA Officer’s Guide to Investigations for the Divorce Process

Bianca Moreiras of Bianca Moreiras & Associates on Time Management, Goal Setting and Taking Action

 Felice Solomon of Solomon Search Group on How Paralegals Can Deal With Seven Personality Types in the Workplace

and

 Valencia N. Poitier, Esq. of American Integrity Insurance of Florida, Inc. on HIPPA: Accountability, Ethics and Evidence – Avoiding the Pitfalls of Suppression and Lack of Foundation

The cost to attend the event is:

Students: $25 

Member & Affiliate Members: $55

Non-Members: $65

Continental breakfast & hot lunch will be provided Your Savory Fare

For more information regarding the event, please contact SFPA Vice-President Summer Marshall by email at smarshallfrp@gmail.com


For more information on how to sponsor this event, please contact

Sadena Blatt Miropol by email at sb0929@gmail.com

This seminar meets the requirements of the NALA Certifying Board for Paralegals for continuing legal education credit required to maintain the CP (Certified Paralegal) credential.

To recap:

The South Florida Paralegal Association is proud to present its 2019 Annual Fall Seminar on October 19, 2019 at the Florida International University – College of Law, located at Rafael Diaz Balart Hall (RDB), RDB 2008, 11200 SW 8th Street, Miami, FL 33199

Celebrating 40 Years of Commitment to the Legal Community

Offering 6.5 Credits (including .5 Ethics Credit and 1 Technology Credit)

With keynote speaker:
Mercedes M. Prieto, Esq., Clerk of the Third District Court of Appeal

And guest speakers:
Peter E. Berlowe, Esq. of Assouline & Berlowe, P.A.,
Marc Hurwitz of Crossroads Investigations,
Felice Solomon of Solomon Search Group,
Valencia N Poitier, Esq. of American Integrity Insurance of Florida, Inc., and
Bianca Moreiras of Bianca Moreiras & Associates

The cost to attend the event is:
Students: $25
Member & Affiliate Members: $55
Non-Members: $65

Continental breakfast & hot lunch will be provided Your Savory Fare

For more information regarding the event, please contact SFPA Vice-President Summer Marshall by email at smarshallfrp@gmail.com

For more information on how to sponsor this event, please contact Sadena Blatt Miropol by email at sb0929@gmail.com

This seminar meets the requirements of the NALA Certifying Board for Paralegals for continuing legal education credit required to maintain the CP (Certified Paralegal) credential.

All content © SFPA 2019.

South Florida Paralegal Association, Inc. is a non-profit organization. 123 S.E. 3rd Avenue, #367, Miami, Florida 33131.

http://sfpa.info/event-3565682

 

 

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LABOR LAW UPDATE – Exempt Employee Thresholds

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It is Finally Here!

Over the years, the U.S. Department of Labor (DOL) has attempted to change certain rules applicable to implementation of the Fair Labor Standards Act (FLSA) and increase the salary threshold for exempt employees from $455 per week (the level it has been at since 2004).

Many may recall that a rule to increase the salary thresholds for exemptions was first enjoined and subsequently invalidated by the U.S. District Court for the Eastern District of Texas in 2016.   A year later, the U.S. Court of Appeals for the Fifth Circuit has held the appeal in abeyance pending further DOL rulemaking regarding a revised salary threshold.  In other words, the DOL has consistently enforced the 2004 salary level for the last 15 years.

However, the DOL has now finally announced a final rule which is expected to make 1.3 million American workers eligible for overtime pay under the FLSA.  In a nutshell, this rule, which will go into effect on January 1, 2020, accomplishes three primary objectives:

First, the rule updates the earnings thresholds – from $455 to $684 per week – necessary to exempt certain white collar positions, i.e., executive, administrative and professional employees, from the FLSA’s minimum wage and overtime pay requirements.

Second, the new rule will allow employers to meet up to 10% of the new salary level from nondiscretionary bonuses and incentive payments (including commissions).

Third, the rule will increase the salary requirements for the “highly compensated employees (HCE)” exemption from $100,000 to $107,432 per year.

Again, please note that the final rule will be effective on January 1, 2020.

Additional information about the final rule is available at www.dol.gov/whd/overtime2019.  Please feel free to contact me if you have any questions.

Ellen M. Leibovitch, Head of Labor & Employment Practice – Boca Raton Office and can be reached by email at eml@assoulineberlowe.com or by Telephone: 561-361-6566.

 

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NEW BANKRUPTCY JUDGE – Scott M. Grossman has been Appointed as a Bankruptcy Judge for the Southern District of Florida

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MIAMI – Welcome to Scott M. Grossman, to the bench!  Scott M. Grossman is the first bankruptcy judge appointed to the United States Bankruptcy Court for the Southern District of Florida, Fort Lauderdale Division, since February 2006, when Judge John Olsen joined the Court.

Judge Grossman was appointed by the United States Court of Appeals for the Eleventh Circuit, which controls all the federal and bankruptcy courts in the State of Florida.  Judge Grossman was appointed as a Bankruptcy Judge for a fourteen-year term, effective today, October 2, 2019.  [Press Release to the announcement from the Chief Judge is available through this link: General Order 2019-03 re: Assignment of New Cases and Adversary Proceedings, and Reassignment of Pending Cases Upon Appointment of Bankruptcy Judge Scott M. Grossman.

Assouline & Berlowe SuperLawyers 2019

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Eric N. Assouline, Esq. – Commercial Litigation and Bankruptcy Litigation Partner

 

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THANK YOU – To All Legal Administrators!

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Thank you to all the administrative assistants at Assouline & Berlowe who help make the firm a success.  Ana Hesny has been working with the Assouline & Berlowe team for over 10 years and her hard work and dedication has been a strong part of keeping clients happy making sure that the “trains run on time”.

Every year, the Broward County Women Lawyers Association hold its Administrative Professionals Day Luncheon at the Riverside Hotel in Fort Lauderdale, Florida, and it is never missed.  At this annual event the administrative assistants of prominent lawyers and judges in the community are recognized and rewarded with gifts and celebration.

Thank you to the Broward County Women Lawyers Association for putting on this very special annual event.

Assouline & Berlowe SuperLawyers 2019

Eric N. Assouline, Esq., Managing Partner, Head of Litigation.

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33133

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BROWARD COUNTY BAR ASSOCIATION: Member of the Week – Eric N. Assouline, Esq.

The Broward County Bar Association Featured Assouline & Berlowe Litigation Partner as the “Member of the Week”.

Eric N. Assouline, is a co-founder of Assouline & Berlowe, P.A., a business litigation and transactional boutique law firm.  Eric credits his personal and professional success to hard work, a strong work ethic inspired by his parents, and good Jewish values.

Eric is a first-generation American.  Eric was raised in Queens, New York, by immigrant French Moroccan parents, with few resources.

Started in 2003, Assouline & Berlowe’s main practice areas are pat­ent and intellectual property law; commercial litigation and appeals; real estate; labor and employment; international law and arbitration; creditors’ rights and bankruptcy; and as of 2018 the law firm added an additional practice area – Trust, Estates, and Guardianship.  The firm has three South Florida offices, and has served as counsel of record on many complex cases outside of Florida.

Eric N. Assouline is a litigation partner in the Miami and Ft. Lauderdale offices, and the head of the business litigation practice group.  Eric’s prac­tice focuses on complex business litigation, intellectual property and real estate litigation, bankruptcy and creditors’ rights.  Eric en­joys a complicated business litigation dispute, analyzing the risks and benefits of the strategy to employ, and then implementing the plan.  Eric takes pride in taking a case from inception to conclusion for the client, which often includes trips into the appellate and bankruptcy courts.

As the business world continues its international expansion, Assouline & Berlowe guides its clients through their legal challenges.  As a French speaking attorney, Eric has been hired by many clients from France and they are always shocked at the expense involved in litigating a case in the United States.  Eric does his best to bridge his clients between differing legal environments.  With the assistance of his partner, Daniel Vielleville, who was an attorney in Venezuela before becoming an attorney in the United States, they bridge the gap with the firm’s Latin American clientele.  Corporate Partner Carl Perdue plays a similar role with corporate matters from his extensive experience with complex Middle East corporate finance.

Assouline & Berlowe’s management predicts growth in the areas of technology, real estate, intellectual property, and trust and estate issues.  “We’re more than just another boutique law firm. We take great pride in the high quality legal work that we do every day. I believe our extensive network of attorneys that refer their clients to our firm, including many referrals from former opposing counsel, is a testament to how we honor our craft,” Eric Assouline has been quoted as saying.

In the Beginning

Eric Assouline and Peter Berlowe first served together as mem­bers of the University of Miami Law Review.

After law school, they worked together in the Miami office of Weil, Gotshal & Manges, LLP, where they trained as litigators on nationally recognized cases. While there, Eric Assouline served as the court appointed receiver’s lead litigation attorney charged with recovery actions in a high-profile global Ponzi scheme.

When Assouline & Berlowe first opened its doors 0n February 10, 2003, in Coral Gables, its office was sublet from Peter Berlowe’s father.  Eric has been quoted as saying “Our first office had thick shag carpet, old fash­ioned wood paneling, and had not been renovated in decades. The furnishings were comprised of mis-­matched furniture and left over construction mate­rials that we used to build a new countertop for the receptionist area,” From those humble beginnings, Assouline & Berlowe expanded with an of­fice in Broward in July 2004, and later another office in Boca Raton in 2008.

As part of its flagship intellectual property practice, the firm has two registered patent attorneys, includ­ing Peter Koziol, who is the head of the IP Litigation Group and Greg Popowitz, who has been with the firm for over 5 years.

Ellen Leibovitch, who is board certified in the areas of labor and employment, heads the firm’s Boca Raton office.

Eric Assouline has been quoted as saying that “Through our 10 attorneys we now have several hundred years of collective business law ex­perience, much of it gained in practice at large, presti­gious law firms.”

Eric Assouline has also been quoted as saying: “As the managing partner of the firm, I need to know what everyone is doing. I have an ethical obliga­tion to protect all of the firm’s clients and to be there to pick up the pieces if anything were to happen to any particular attorney at the firm. But I do not tell attor­neys how to do their job. The attorneys at my firm are exceptionally qualified and know their craft. My job is to make it as easy as possible for them to get their work done and keep the firm’s clients satisfied.”

Eric Assouline believes that his firm has the talent and experience to compete with any firm in the area of business law.  “As it re­lates to regional boutique business firms, because we are smaller, we can offer more flexibility without com­promising on service.” Eric stresses the fact that clients regularly interact with the firm’s attorneys through multi-office video conferencing. “This not only gives us what I believe is a significant competitive edge, but it helps keep clients in close contact, which is important to our client relationships.”

Giving Back

As individual professionals and as a firm, the attorneys of Assouline & Berlowe believe in sharing and they have backed that belief from the beginning. “We’ve long been involved in giving back to the community, in time, money and energy, to support numerous worthy causes and those who are less fortunate,” Eric Assouline has been quoted as saying.

Just some examples include: a mayoral debate for Miami-Dade County; a fundraising program for the Cystic Fibrosis Founda­tion; and a charity golf tournament in Boca Raton and a Walk-a-Thon in Sunrise, both in support of the Juvenile Diabetes Research Foundation.  “In 2008, as the economy struggled, we did not feel it was appropriate to have a year-end holiday staff party. So, instead we made donations to the Joe DiMaggio Children’s Hospital in Hollywood and to the Miami Children’s Hospital,” Eric Assouline has been quoted as saying.

Eric Assouline currently serves on the board of directors of: the B’nai Brith Justice Unit; the Jewish Na­tional Fund; Hillel of Broward and Palm Beach Counties; the University of Miami Law Alumni Association; and the Florida Alumni of Arizona State University.

Eric Assouline has been a regular guest speaker at St. Thomas Univer­sity School of Law, where his wife, Iris Rogatinsky, is a law pro­fessor.  During his talks, Eric Assouline has mentored law students seeking his advice and insight on the practice of law, and he has conducted lectures on litigation and deposition skills for Pincus Professional Edu­cation. He also regularly volunteers to judge law school moot court and mock trial competitions at the University of Miami and Nova Southeastern Law School.

“I feel fortunate that I have been given this opportunity and I do my best to instill the same strong work ethic and uncompromising moral values upon my children with the help of my amazing wife.” She also worked with both Eric Assouilne him Peter Berlowe at Weil Gotshal & Manges.

Eric Assouline’s rise from humble beginnings to prominence in the legal community has colored his view of the world, the com­munity, and his firm. Eric Assouline and the attorneys of Assouline & Berlowe recognize their fortuity. Eric Assouline has been quoted as saying: “You will not hear me complain about my life. I find it very unbecoming to complain about triv­ial matters. No one is perfect and no situation is perfect forever. I like to say that I don’t look at the glass half full. I am grateful I even have a glass to drink. And as far as I am concerned, my glass always runneth over.”

Eric N. Assouline, Esq.

Business Litigation Partner

ASSOULINE & BERLOWE, P.A.

Miami Tower

100 SE 2nd St., Suite 3105

Miami, FL 33131

Telephone: 305-567-5576

Email: ena@assoulineberlowe.com

www.assoulineberlowe.com

Intellectual Property, Labor & Employment Law,  Real Estate, International Dispute Resolution, Commercial Litigation, Corporate Law, and Bankruptcy

Miami · Ft. Lauderdale · Boca Raton

Assouline & Berlowe SuperLawyers 2019

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INTERNATIONAL ARBITRATION – Cocktail Reception at Assouline & Berlowe for University of Miami International Arbitration LLM Students

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MIAMI, FL – On the last day of final exams for the 2019 class of the White & Case International Arbitration LL.M. Program at Miami Law, Assouline & Berlowe – a Florida-based business litigation and transactional law firm – hosted a farewell cocktail reception for the students at their downtown Miami office in the Miami Tower. Eric Assouline, J.D. ’96, and Peter Berlowe, J.D. ’98, along with other partners and associates of the firm warmly welcomed the students and shared with them their work experiences and career advice pertaining to transnational litigation and international arbitration across different legal industries such as construction law, intellectual property, cybersecurity, blockchain, bankruptcy, corporate, and M&A.

In his welcome speech, Berlowe offered the firm as their “home away from home” to the students, especially being part of the Miami Law family. “Miami is a great vibrant community for international arbitration, often being chosen by parties as the situs of their international litigation or arbitration proceedings,” Berlowe said. “Miami Law is the best institution you could have chosen to study international arbitration.” While telling students about their firm, Berlowe said that some of the best work the firm ties into the international arena along with U.S.-based litigation focused in Miami.

Assouline is also a board member of the School’s Alumni Society and shared with the students his experience at Miami Law and how it shaped his career landing him jobs at the best firm in his chosen area of interest.

“We are very grateful to Assouline & Berlowe for hosting this wonderful reception for our International Arbitration LL.M. students and graduating class,” said Sandra Friedrich, director of Miami Law’s International Arbitration LL.M. Program. “It is very important to our students to meet and mingle with international arbitration practitioners in Miami and beyond to build a professional network of international arbitration practitioners across various legal industries and regions. Assouline & Berlowe’s lawyers not only provided our students with an incredibly warm welcome but also offered very valuable career advice to this next generation of international arbitration lawyers.”

The partners at Assouline & Berlowe also gave a special mention to International Arbitration Adjunct Professor John Rooney for connecting the international arbitration students with the firm. Rooney, with whom many students enjoy a great mentoring rapport, also serves as counsel and arbitrator in many international disputes, including proceedings under the AAA/ICDR, ICC, and ICSID Rules.

Students got a great opportunity to interact and network with renowned professionals in the field of international arbitration, who were more than happy to assist them and guide them with career advice in the ever-evolving world of international arbitration and dispute resolution.

“I got to meet the partners of this law firm who were quite helpful. We had great conversations which about law, life and career,” said Michel Mansour, a graduating International Arbitration LL.M. student from Lebanon and International Arbitration Institute Scholarship holder.

“We had the opportunity to meet with experienced lawyers in the field of arbitration and learned more about the every-day practice of arbitration in highly specialized areas, such as patent rights and construction,” said. Konstantina Zormpa, a Greek lawyer in the International Arbitration J.D./LL.M. joint degree program. “I was impressed by the team of Assouline & Berlowe because they combine a high level of legal expertise with a very friendly, approachable attitude. Partners and associates shared stories from their practice and showed a genuine interest to our career aspirations.”

“The LL.M. Student Reception with Assouline & Berlowe was my favorite social event of the year!” Angel Bermudez, a U.S.-trained J.D./LL.M. joint degree candidate, said. “Everyone was courteous and genuinely interested in getting to know each other. That the firm’s attorneys spent a few hours with us after a long work week speaks volumes to their great character.”

“Interactions with highly qualified professionals at social gatherings like these surely contribute to a better understanding of the industry. There was so much to discuss about our courses and papers, and the interest is often reciprocated with new ideas and sometimes collaboration”, said Ishaan Madaan, an International Arbitration LL.M. student from India and holder of the FDI Moot Scholarship.

***

The White & Case International Arbitration LL.M. Program, under the leadership of Professor Jan Paulsson, holder of the Michael Klein Distinguished Scholar Chair, provides a unique individualized educational opportunity for a small group of top-quality students from around the globe, wishing to acquire an in-depth grounding in the field of international arbitration as a platform for a successful career. The program – the only one of its kind in the United States – is open to U.S. and foreign-trained law graduates, and is ideal for newcomers to the field or experienced practitioners looking to enrich their skills and knowledge.

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INTERNATIONAL ARBITRATION LLM Students’ Graduation Reception

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MIAMI: Assouline & Berlowe, The Business Law Firm, is hosting the students and the 2019 graduating class of the University of Miami’s International Arbitration program.  We want to thank our good friend Professor John Rooney and Sandra Friedrich for helping coordinate this fantastic event.  If you are one of these students, please do not forget to register through the school or by clicking on the following link:  https://forms.gle/ZKnpt9HN929trYe3A

Eric N. Assouline, Esq., Assouline & Berlowe, P.A., Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131, Telephone: 305-567-5576, Email: ena@assoulineberlowe.com

 

 

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