Category Archives: Bankruptcy

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

Assouline Berlowe Picture of International Arbitration LLM Class from University of Miami.jpg (00266905xA4579)
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.

Leave a comment

Filed under Appeals, Arbitration, Awards, Bankruptcy, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, Patent Prosecution, Trusts & Estates, Uncategorized

INTERNATIONAL ARBITRATION LLM Students’ Graduation Reception

Assouline Berlowe UM LLM Flyer 2019 (00264360xA4579)

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

 

 

Leave a comment

Filed under Appeals, Arbitration, Awards, Bankruptcy, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, Litigation, Patent Prosecution, private equity, Real Estate, Trusts & Estates, Uncategorized

MIAMI CORPORATE RUN IS TOMORROW!

Miami Tower in Purple - Assouline Berlowe (00263295xA4579)

The wait is over.  The time is upon us.  Assouline & Berlowe is ready with its gear, drinks, hats, bags, and snacks.  We are ready to represent at the Miami Corporate Run 2019.  Our Team will be in Tent Location F26.  Please stop by and say hello to our team of 20 runners, plus staff, as we run (and walk) through the 5k race in Downtown Miami.

We look forward to seeing all of our friends at the race.

We hope to see you too!

Eric N. Assouline, Esq.

ASSOULINE & BERLOWE

http://www.assoulineberlowe.com

Miami Tower, 3105

Leave a comment

Filed under Appeals, Arbitration, Bankruptcy, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, Litigation, Patent Prosecution, Real Estate, Uncategorized

Assouline & Berlowe is a Proud Member of Nextlaw, the Largest Worldwide Network of Attorneys – Now Ranked by Chambers

Chambers Approved (00261036xA4579)

MIAMI, Florida – March 15, 2019. Assouline & Berlowe, P.A. is pleased to announce that Nextlaw Referral Network (NRN) has been recognized as a Leading Global Legal Referral Network by Chambers & Partners in the Chambers 2019 guide. Assouline & Berlowe, P.A. has been a member of Nextlaw Network since September 2016.

Nextlaw Network has achieved this milestone faster than any network in history, having been founded in October 2016 by Dentons, the world’s largest law firm. The Network grew to be the largest in under one year and is now three-times larger than the second largest network in the world.

“We are proud to be the champion of the small to medium-size law firms,” said Nextlaw Network CEO Jeff Modisett. “Until now, medium-sized law firms were excluded from most networks because of high annual fees and the exclusive, territorial and monopolistic nature of the traditional network business model. Our Network welcomes all top law firms in the world, focusing on quality, not size.”

Assouline & Berlowe, P.A. Managing Partner Eric N. Assouline, Esq. said, “Membership in the Nextlaw Referral Network provides us with unprecedented global reach, including leading capabilities in 205 countries. We have access to top lawyers in any practice, industry or sector, anywhere in the world, enabling us to provide our clients with the best local and global services possible. The Nextlaw Referral Network makes us truly ‘in and of the community.’”

Chambers is an independent legal directory that conducts in-depth interviews, reviews submissions from law firms and collects feedback from clients to identify and rank the most outstanding legal referral networks, law firms and lawyers.

Nextlaw Network has more members and covers more countries than any other single legal referral network in the world. Members conduct more than 2,000 searches per month on the network’s advanced proprietary platform, which is seamlessly linked with its sister network, the Nextlaw Public Affairs Network. More than 70 percent of NRN members are Chambers ranked.

The Network also serves as a strategic platform by distributing cutting-edge legal technology at discounts to members, working with another sister company, Nextlaw Labs. Nextlaw Labs curates the best technology in the profession. The Network also promotes thought-leadership in emerging, disruptive technologies, such as AI and Blockchain.

Nextlaw Network is one of the only referral networks that offers inter-disciplinary functionality. In today’s complex global environment, clients often need access to professionals who understand the regulatory, business and economic cultures everywhere they do business, which means integrating legal and public affairs representation.

The Network provides no jurisdictional exclusivity, due to its guiding principle to offer clients the best lawyers in any practice, sector, anywhere in the world.
Assouline & Berlowe, P.A. is a South Florida Business Law Firm, formed in 2003, with offices in Miami, Ft. Lauderdale, and Boca Raton. Assouline & Berlowe, P.A. concentrates its practice in the areas of: Intellectual Property Law and Litigation; International and Domestic Dispute Resolution, including litigation, arbitration, and appeals; Real Estate and Corporate Law and Litigation; Labor & Employment Law; Trusts, Estates & Probate Administration and Litigation; and Creditors’ Rights and Bankruptcy.
About Nextlaw Referral Network
Nextlaw Referral Network is the broadest and most sophisticated legal referral platform in the world. Introduced in October of 2016, it already includes nearly 670-member firms, over 25,000 lawyers covering all of the world’s major jurisdictions in more than 205 countries. In addition, working closely with its sister company, Nextlaw Labs, the platform will also introduce new technologies, products and services to its members. The platform also includes Nextlaw Global Public Affairs Network, the first of its kind network that includes more than 50 of the world’s top public affairs and public relations firms.

ASSOULINE & BERLOWE

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

Telephone: 305-567-5576

http://www.assoulineberlowe.com

Intellectual Property, Labor & Employment, Creditors’ Rights & Bankruptcy, Business Litigation, Corporate & Finance, Real Estate, International Law, Trust & Estates, Probate and Guardianship

Leave a comment

Filed under Appeals, Arbitration, Awards, Bankruptcy, BK, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, Litigation, Patent Prosecution, private equity, Real Estate, trademark, Trusts & Estates, Uncategorized

ALL RISE – This Moot Court Is Now In Session

20190308_142555-23614215442982862827.jpg

Assouline & Berlowe has a long history of supporting both the legal and non-legal community in South Florida.  From its inception, the Firm has been involved in numerous charitable events and community endeavors.

As part of its support for the local legal community and the South Florida Law Schools, the Firm supports St. Thomas University’s School of Law Moot Court Room, where oral argument by the Florida’s Third District Court of Appeals is often held.

We as a Firm give thanks to the hard work of the local law schools’ professors and staff, which has allowed the legal community to thrive and produce high quality lawyers and judges.

Thank you.

Eric N. Assouline, Esq.

Managing Partner

@assoulineberlowe

 

Leave a comment

Filed under Appeals, Arbitration, Awards, Bankruptcy, BK, Business Litigation, commercial litigation, Copyright, Corporate Law, Intellectual Property, International, International Arbitration, IP Litigation, Judgments, Labor & Employment, labor and employment law, law school, Litigation, Patent Prosecution, St. Thomas University, trademark, Trusts & Estates, Uncategorized

SCOTUS ALERT: Trademarks and Bankruptcy

On Friday, the United States Supreme Court (SCOTUS) granted a petition for certiorari in the case called Mission Product v. Tempnology, in order to hear a case involving trademark law and bankruptcy law.  The issue that is to be heard relates to what happens to a trademark license when the owner of the brand files for bankruptcy.

Currently, the different Circuit Courts of Appeal are not all in agreement as to what should happen.  In certain particular Circuit Courts of Appeal, the licensor that files bankruptcy can use a particular bankruptcy code provision, identified as Section 363 under the Bankruptcy Code, in order to cancel the right of a licensee to use the bankrupt company’s trademark.  However, in certain other Circuit Court’s of Appeal, the courts have been allowing the trademark licensee the right to continue using the bankrupt’s trademark.

The issue is as much a question of trademark law as it is bankruptcy law.  Under the Bankruptcy Code, the law allows a bankrupt the right to accept or reject a contract, wherein both sides still have obligations.  This is known as an executory contract.  However, Section 363 contains an exemption for certain forms of intellectual property, but it currently does not include trademarks.

The two most well-recognized opinions where the courts’ position diverge is the Seventh Circuit and the First Circuit, which is where the Mission Product case is pending.  In essence, the Mission Product appellate court has held that courts should not impose upon a bankrupt the obligation to continue to monitor how its trademark was being used, which goes to the essence and policy of bankruptcy law.

Never a dull moment in intellectual property and bankruptcy law.

 

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

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

Miami · Ft. Lauderdale · Boca Raton

Leave a comment

Filed under Bankruptcy, Intellectual Property

Bankruptcy Update: 11th Circuit Strikes the “Remain Unpaid” Element from the New Value Defense to Preference Action

00247192

On August 14, 2018, Court of Appeals for the Eleventh Circuit (which controls all Florida bankruptcy courts), ruled that certain language in a prior ruling from 1988 was dicta and not binding, and established a new landscape for defending against a preferential transfer claim through a “new value” defense.

In the past, under the authority of Charisma Investment Company, N.V. v. Airport Systems, Inc. (In re Jet Florida System, Inc.), 841 F.2d 1082 (11th Cir. 1988), the Eleventh Circuit was believed to be of the opinion that an offset against preference liability, for new value provided to a debtor, which were made within the preference period, could only be asserted to the extent that any new value extended to the debtor “remained unpaid” as of the date the bankruptcy petition was filed.

However, under the new Blue Bell decision, the Eleventh Circuit held that the language in Charisma was only dicta, not binding, and not accurate.  Therefore, going forward, new value need not remain unpaid as of the time of the bankruptcy petition.

This decision is important because it will eliminate the disincentive that creditors may have in extending credit to a struggling debtor, which was mentioned in the Blue Bell decision.

ERIC N. ASSOULINE, ESQ.

PLEASE NOTE OUR NEW MIAMI ADDRESS

Miami Tower, 100 SE 2nd Street, Suite 3105, Miami, Florida 33131

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

Miami · Ft. Lauderdale · Boca Raton

 

Leave a comment

Filed under Bankruptcy, BK, Uncategorized