Tag Archives: Miami

Former U.S. Ambassador Discusses Technology & Miami as Global City

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Assouline & Berlowe Partner Peter E. Berlowe had the privilege of listening to firm friend Former U.S. Ambassador to Singapore Hon. Kirk Wagar speak last week at Pipeline Workspaces. Ambassador Wagar spoke about opportunities in South and Southeast Asia and how Miami can grow in to a truly global city.  In part, Ambassador Wagar discussed how driverless vehicles and related technology will begin to have far reaching implications for worldwide employment and economics over the next five to ten years.  Ambassador Wagar reflected upon the United States as the true world power, in part because of U.S. private business’ continued respect for business formalities and intellectual properties of the other countries in which they invest.  Pictured are Peter E. Berlowe, Hon. Kirk Wagar, and WLRN V.P. of News Tom Hudson.

For more information about the speech or related issues, please contact Mr. Berlowe at:

Peter E. Berlowe, Esq.

ASSOULINE & BERLOWE, P.A.

3250 Mary Street, Suite 100

Miami, Florida 33133

Main:  (305) 567-5576

Fax: (305) 567-9343

Email: PEB@AssoulineBerlowe.com

http://www.AssoulineBerlowe.com/

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

Miami • Ft. Lauderdale • Boca Raton

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Filed under Arbitration, Business Litigation, commercial litigation, Intellectual Property, International, Uncategorized

PANAMA PAPERS – Subpoena Issued to Mossack Fonseca Regarding Daddy Yankee Assets

Miami Attorneys Issued a Subpoena to Mossack Fonseca, of the Panama Papers, regarding Daddy Yankee Assetsassouliene-vielleville-berlowe-2
4/12/16- Eric Assouline, Daniel Vielleville, and Peter Berlowe, with ASSOULINE & BERLOWE, P.A., Miami – Picture from Daily Business Review Article 4-14-2016 By AM Holt

 Keeping the whereabouts of your assets is ok, except when . . .

This is a burning question that has surfaced in light of the Panama Papers.  When is it ok to have off shore accounts?  The simple answer is when you do not owe anyone any money and after you have paid all the taxes that are due on the assets that you wish to keep secret.   See recent article by Real Estate and Corporate Law Partner David Blattner: Have the Panama Papers Taught Us Anything We Didn’t Already Know?

You cannot maintain a secret web of companies, with the intention of hiding this information from creditors to whom you owe money.  That is illegal.

You cannot transfer assets that would be subject to execution by a creditor to an off shore, or out of state company, in order to not pay debts that you owe.  That is illegal.

This is the basis of the investigation that has been opened up as to all the public figures mentioned in the Panama Papers.  Including noted celebrity Daddy Yankee.

In today’s Daily Business Review, South Florida’s prominent daily business paper, one of the headline stories regards Assouline & Berlowe, P.A.’s subpoena issued to Mossack Fonseca, the Panamanian law firm that has gained notoriety for opening off shore accounts for high profile individuals all over the world.

Through their subpoena, Assouline & Berlowe, on behalf of their clients, creditors of Daddy Yankee, are seeking financial information from Mossack Fonseca as to Daddy Yankee’s assets and financial affairs.

A link to the complete article is: http://www.dailybusinessreview.com/home/id=1202754983211/Panama-Papers-Reports-Show-Daddy-Yankee-Might-Have-a-Way-to-Pay-Millions-Owed?mcode=1202617073880&curindex=2

For more information regarding this case, please contact Daniel E. Vielleville, Peter E. Berlowe, or Eric N. Assouline.

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/12/16- Eric Assouline, Daniel Vielleville, and Peter Berlowe, with ASSOULINE & BERLOWE, P.A., Miami – Photo by Daily Business Review Photographer AM Holt 

 

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Filed under Business Litigation, Daddy Yankee, Mossack Fonseca, panama papers, Uncategorized

Employment Law Update: Time to Review Employee Handbooks

Ellen LeibovitchOn March 18, 2015, the General Counsel for National Labor Relations Board released a report summarizing recent cases where policies in employee handbooks were found to violate Section 7 of the National Labor Relations Act (NLRA).

Section 7 gives employees the right to form unions and engage in other protected types of concerted activity.  Specifically, among other things, Section 7 allows employees to engage in the following activities:

  • The right to discuss wages, hours and other terms and conditions of employment with other employees and non-employees, including union representatives
  • The right to criticize or protest employer’s labor policies or treatment of employees
  • The right to argue and debate with other employees about unions, management and terms and conditions of employment
  • The right to communicate with the news media, government agencies and other third parties about wages, benefits and other terms and conditions of employment
  • The right to use the employer’s name and logo on picket signs, leaflets and other protest material
  • The right to photograph and make recordings in furtherance of protected concerted activities, including the right to use personal devices to take such pictures and recordings
  • The right to go on strike
  • The right to engage in concerted activity to improve the terms and conditions of employment, even if that activity is in conflict with the employer’s interests

In recent cases, the General Counsel determined that policies in employee handbooks were unlawful if employees would not reasonably understand the policy to prohibit a Section 7 protected activity.  In other words, if the policy is seen as restricting an employee’s Section 7 rights, it would be deemed unlawful under the NLRA.  The General Counsel’s report was intended to summarize these holdings and clarify the government’s position.

For example, a policy which requires the employee to keep the employer’s business information confidential and not to disclose such information about the business, customers, vendors and the like is lawful; but a policy which prohibits discussing wages, hours, workplace complaints and may be unlawful.  Similarly, a policy which requires employees to be “respectful of the company” may be construed to ban protected criticism or protests regarding supervisors, management or the company in general.  However, policies prohibiting serious misconduct, such a insubordination, threats and assault, would still be lawful.  General Counsel also determined that a policy prohibiting employees from speaking to the media about company matters unless authorized by the company to do so or requiring all media inquiries be directed to a designated company official was unlawful because employees reasonably would read such policy to ban protected (Section 7) communications with the media.

These are only a few of the many examples of the kinds of policies which the General Counsel found problematic.  Still, the line between what is lawful and what may be deemed unlawful is blurry at best and has, by this report, been made less clear.  Smart employers would benefit from having skilled employment counsel review their employee handbooks to ensure compliance under the NLRB’s newly-issued guidelines.

For a thorough review of your employer/employee handbooks and their compliance with the NLRB guidelines, please contact Ellen M. Leibovitch below.

Ellen M. Leibovitch

Florida Board Certified Labor and Employment Attorney

ASSOULINE & BERLOWE, P.A.

1801 N. Military Trail, Suite 160

Boca Raton, Florida 33431

Main:  (561) 361-6566

Fax: (561) 361-6466

Email: EML@assoulineberlowe.com

http://www.assoulineberlowe.com/

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

Miami • Ft. Lauderdale • Boca Raton

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Filed under Business Litigation, Corporate Law, Florida Bar, Labor & Employment, labor and employment law

Miami partner Daniel E. Vielleville to speak at International Law Section’s ILAT Conference

International Law

The Florida Bar’s International Law Section is holding its annual International Litigation, Arbitration and Transaction (ILAT) Conference  on February 27, 2015.  Miami partner Daniel E. Vielleville, head of our Latin American Practice, will be speaking at the panel titled  “Arbitration in Energy and Infrastructure Disputes”. Mr. Vielleville’s presentation will be focused on developments in mining disputes and will review the impact of environmental regulation and natural resources nationalism in the recent Gold Reserve arbitral award against Venezuela as well as in current disputes such as Pacific Rim v. El Salvador, South American Silver v. Bolivia, Renco v. Peru, and Infinito v. Costa Rica.

The ILAT Conference’s program can accessed at this link:

http://internationallawsection.org/wp-content/uploads/2015/01/ILAT_Conference_Program_01.14.14.pdf

For more information about the conference or international law issues, please contact Mr. Vielleville at:

Daniel E. Vielleville, Esq.

ASSOULINE & BERLOWE, P.A.

3250 Mary Street, Suite 100

Miami, Florida 33133

Main:  (305) 567-5576

Fax: (305) 567-9343

Email: DEV@AssoulineBerlowe.com

http://www.AssoulineBerlowe.com/

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami • Ft. Lauderdale • Boca Raton

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Filed under Arbitration, Business Litigation, International, International Arbitration

Litigation Partner Eric N. Assouline to Speak at Circuit Court Boot Camp CLE

Eric N. Assouline, Litigation Partner of The Business Law Firm Assouline & Berlowe, P.A., has been again invited to present as a panelist at the upcoming Circuit Court Boot Camp for Practical Trial Litigation Skills. 

Mr. Assouline has been involved in a wide range of business and commercial litigation.  At this seminar, he and other distinguished panelist, will share their experiences practicing in the state courts.

Learn tips of the trade from experienced members of the bar and bench about litigation skills. 

Circuit Court Boot Camp (4th Annual)

A Practical Trial Litigation Skills Program (Fort Lauderdale 2015)

April 10th, 2015 9:00 a.m. – 5:00 p.m. Sheraton Fort Lauderdale Airport & Cruise Port Hotel 1825 Griffin Road  Dania, FL 33004

Click here for more information or to register.

Can’t Attend? Click here to order the home study audio CD. Want the CD now?  Order the recording of our 2014 boot camp here

What you’ll learn when you attend:

  • Case Development & Theories
  • Motions for Summary Judgment/Adjudication
  • Other Motions
  • Discovery and E-Discovery
  • Depositions
  • Oral Arguments
  • Heading to Trial
  • Pre-Trial Matters
    • Bench trial pointers
    • Client and witness preparation
    • Jury selection – voir dire and questionnaires
    • Jury instructions and jury verdict forms
    • Opening trial briefs
    • Motions in Limine, motions to exclude witnesses from courtroom
    • Requests for Admissions of Fact
  • Trial Presentation
    • Opening statements
    • Direct and cross examinations
    • Objections
    • Exhibits
    • Expert witnesses and reports
    • Closing arguments
  • Post-Trial Motions

Full and partial scholarships are always available to legal aid firm attorneys.

We hope to see you there.

Best wishes,
Eric N. Assouline

Business Litigation

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ERIC N. ASSOULINE, ESQ.

Business Litigation Partner

ASSOULINE & BERLOWE, P.A.

213 E. Sheridan Street, Suite 3

Ft. Lauderdale – Dania, FL 33004

Telephone: 954-929-1899

Facsimile: 954-922-6662

Email: ena@assoulineberlowe.com

www.assoulineberlowe.com

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

Miami · Ft. Lauderdale · Boca Raton

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Fountainebleau Las Vegas Bankruptcy is Not Finished

Bankruptcy Litigation

Today, nearly five years since the Fountainebleu Las Vegas bankruptcy was initially filed, at the height of the economic downturn and the crest of the real estate crisis, the Trustee Soneet Kapila filed two new adversary proceeding lawsuits seeking to recover alleged preferential transfers made to third parties by one of the debtors.  The two defendants that were sued in two separate preference actions are the internationally known company Honeywell International, Inc. and L.A. Nevada, Inc. dba G&G Systems.

Focusing on the L.A. Nevada, Inc. G & G Systems case, the Trustee was appointed in 2010 and according to the Complaint a demand for the return of the payment was made on March 4, 2011.

A copy of the demand letter is not attached, nor is any contract that establishes the basis upon which the payment to this vendor was made.

As with most of these cases, it is possible that one or more defenses may apply that may reduce, if not eliminate, the claim.  For example, there may be a Ordinary Course of Business Defense, which is when a debt is paid under ordinary terms that would be expected based upon the relationship of the parties.

Another defense that often comes up in these preferential transfer cases is New Value Defense, which states that if new value, either in the form of goods or services, was extended to the Debtor at the time that the payment was made, it may constitute a defense to all or part of the claim.

Either way, it is certain that this party is probably not happy to receive this lawsuit almost five years after the case was initially filed and almost three years after a demand for payment was made and apparently refused.

If you have a bankruptcy litigation question you would like answered, please do not hesitate to contact Eric N. Assouline.

00099212

ASSOULINE & BERLOWE – The BUSINESS LAW Firm

http://www.assoulineberlowe.com

With offices in Miami, Ft. Lauderdale, and Boca Raton

ERIC N. ASSOULINE, ESQ.

ASSOULINE & BERLOWE, P.A.

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

Super Lawyers
Eric N. Assouline
Business Litigation

 

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New Patent Attorney Joins Assouline & Berlowe

00095290  Assouline & Berlowe is pleased to announce that Greg M. Popowitz has joined the firm as an associate.  Mr. Popowitz concentrates his practice in Patent Prosecution, Intellectual Property, and Business Litigation. Mr. Popowitz will be working in the firm’s Ft. Lauderdale / Dania Beach Office.

Formerly with the Gunster Yoakley law firm, Mr. Popowitz has experience in patent litigation, patent applications, patentability searches and opinions, and mortgage backed securities litigation.

Mr. Popowitz graduated from Nova Southeastern University Law School in 2009, with Honors, where he served as the Managing Editor of the ILSA Journal of International & Comparative Law. Mr. Popowitz has an engineering degree from Georgia Institute of Technology (Georgia Tech) where he focused his studies on Mechanical Engineering.

Mr. Popowitz serves as President of the Georgia Tech Fort Lauderdale Alumni Network and regularly organizes and participates in football game watches, volunteer events, Presidents Scholarship Program interviews, and student meet & greets.

Prior to attending law school, Mr. Popowitz was a product engineer for Visteon Corporation, a former subsidiary of Ford Motor Company, where his work focused on the manufacturing and design of chassis components. Mr. Popowitz worked on current/forward model driveshaft design, durability and prototype testing, and travelled to customer assembly plants to meet with management.

Mr. Popowitz’s Areas of Practice at Assouline & Berlowe will consist of:
Intellectual Property & Patent Litigation
Business Litigation
Patent, Trademark, and Copyright Registration

Mr. Popowitz’s Bar Admissions are:
• State of Florida
• U.S. Patent & Trademark Office, Registered Patent Attorney
• U.S. District Court Southern District of Florida
• U.S. District Court Middle District of Florida
• U.S. District Court Northern District of Florida

Mr. Popowitz’s Education consists of:
Nova Southeastern University, Davie, FL, J.D.
Managing Editor: ILSA Journal of International and Comparative Law
Organizing Committee: Turning the Inside Out: A Conversation with George McGovern and John B. Anderson – How Lincoln Influenced Society, A Lincoln Bicentennial Event
Recipient: Center for Computer-Assisted Legal Instruction (CALI) Award for American Legal History Seminar

The Georgia Institute of Technology, Atlanta, GA, B.S. Mechanical Engineering Professional Associations and Memberships
• Broward Six Pillars – Task Force on Talent Supply & Education
• American Bar Association (ABA)
• Broward County Bar Association

Please welcome Mr. Popowitz to the firm.

Sincerely,

Eric N. Assouline, Esq.

Litigation Partner
Assouline & Berlowe, P.A.

For additional information:

In Miami: 305-567-5576

In Broward: 954-929-1899

In Palm Beach: 561-361-6566

ERIC N. ASSOULINE, ESQ.

ASSOULINE & BERLOWE, P.A.

Intellectual Property, Labor & Employment Law, Bankruptcy, Commercial Litigation, and Corporate Law

Miami · Ft. Lauderdale · Boca Raton

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