Tag: miami

Judgment Execution Strategies in Florida: Recipient Beware

In Florida, judgment creditors have powerful tools to pursue assets transferred by debtors—even after those assets land in the hands of third parties. From proceedings supplementary under § 56.29 to claw-back actions under the Florida Uniform Fraudulent Transfer Act (FUFTA), recipients of a debtor’s property may find themselves liable. This article explores key statutory and equitable strategies creditors use to reach assets and what transferees need to know to protect themselves.… Read More Judgment Execution Strategies in Florida: Recipient Beware

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Understanding Florida’s Legal Requirements for Appellate Motions: Rehearing, Certification of Conflict, and Written Opinion

In Florida appellate law, motions for rehearing, certification of conflict, and written opinion each serve distinct purposes but are governed by strict rules. A motion for rehearing requires highlighting specific issues the court overlooked, while a motion for certification of conflict must demonstrate a clear and substantial legal conflict. Meanwhile, a motion for written opinion must provide a compelling reason for why a written decision is necessary. Understanding these legal requirements is crucial for anyone navigating the appellate process in Florida.… Read More Understanding Florida’s Legal Requirements for Appellate Motions: Rehearing, Certification of Conflict, and Written Opinion

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Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

Corporate fraud committed by officers and directors can have severe financial and legal consequences for both the company and its stakeholders. In Florida, corporate officers and directors are bound by fiduciary duties that require them to act in the best interests of the company. When they breach these duties through fraudulent actions—such as misrepresenting financial statements, embezzlement, or insider trading—they can face significant civil and criminal penalties. Florida case law has reinforced the importance of transparency and honesty in corporate governance, with key cases highlighting the liability for fraudulent conduct. Understanding these legal risks and protections is essential for businesses and individuals involved in corporate governance to prevent and address fraud effectively.… Read More Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

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Appellate Win for Bernhard Law Firm in Miami-Key Biscayne Luxury Jewelry Case: Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claims Affirmed Dismissed

Bernhard Law Firm secured a significant appellate victory for a Miami-Key Biscayne jeweler, successfully defending against FDUTPA claims and affirming a breach of contract counterclaim. The court ruled that the buyer, an experienced and knowledgeable luxury jewelry purchaser, failed to prove damages or deceptive practices after purchasing a Sylva & Cie jewelry art piece at a fair market price. This win highlights the firm’s strength in defending businesses against baseless claims and enforcing valid contracts.… Read More Appellate Win for Bernhard Law Firm in Miami-Key Biscayne Luxury Jewelry Case: Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claims Affirmed Dismissed

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Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

As 2024 comes to a close, we are thankful for the great work of Uplift Literacy, a nonprofit dedicated to helping children in underserved communities develop essential literacy skills. Through weekly tutoring sessions, Bernhard Law Firm witnessed firsthand the transformative work by Uplift and the Miami schools’ staff, empowering young learners to read proficiently by the end of third grade. We are proud to have contributed to Uplift Literacy’s mission and look forward to continuing our support in the year ahead.… Read More Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

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Litigating Disputes Between Corporate Management in Florida: Legal Insights and Case Law

Corporate management disputes in Florida can arise from a variety of issues, including disagreements over business strategy, executive compensation, or governance practices. When tensions between board members, executives, or shareholders escalate, litigation may become necessary.… Read More Litigating Disputes Between Corporate Management in Florida: Legal Insights and Case Law

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Challenging Attorney’s Fees in Florida Federal Courts

In Florida’s federal courts, challenges to prevailing party attorneys’ fees can be a critical aspect of litigation strategy. Understanding the legal framework and the criteria for a prevailing party is essential for effectively disputing fee claims. This article delves into the complexities of attorneys’ fees, examining key practices such as block billing, duplicative charges, and excessive fees. We’ll explore relevant Florida federal case law that sets important precedents, and outline strategies for challenging unreasonable fee requests, including seeking relief from judgment when necessary. Whether you’re an attorney or a party involved in litigation, this guide provides essential insights for navigating the intricacies of attorneys’ fees in federal court.… Read More Challenging Attorney’s Fees in Florida Federal Courts

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Defenses to a Florida Copyright Infringement Lawsuit: Understanding Your Options

Facing a copyright infringement lawsuit can be overwhelming, but knowing your defenses can make all the difference. In our latest blog post, we explore essential defenses such as fair use, public domain, and the significance of intent. We also discuss the potential personal liability of business owners and officers in infringement cases. Understanding these aspects is crucial for anyone in the creative industry or business landscape. Dive in to learn how to protect yourself and your rights!… Read More Defenses to a Florida Copyright Infringement Lawsuit: Understanding Your Options

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Condo Association Board Guide to Defending Special Assessments: From 40-Year Recertifications to Reserve Shortfalls

This article provides an in-depth guide on why special assessments may be necessary, how condo associations can defend their decisions, and the key factors unit owners should understand about their rights and responsibilities.… Read More Condo Association Board Guide to Defending Special Assessments: From 40-Year Recertifications to Reserve Shortfalls

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