Blog

Litigation Holds: What Are They And When Do You Need One?

When someone files a lawsuit, or reasonably anticipates one, many courts hold that a duty arises at that time to preserve all information that might be relevant to the dispute. Particularly when a business or other organization is involved, compliance can be a challenge. Certain practices and habits, such as the regular deletion of electronic mail and other computer based data, even by individual employees, must be immediately stopped and compliance monitored.

Read the rest of this entry »

Categories: LitigationFederal Courts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaDiscoveryEvidenceLitigation HoldsFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

WSHPC&B Listed As One Of Best Law Firms By U.S. News & World Report

U.S. News & World Report has ranked Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. in the first-tier in its inaugural Best Law Firms issue.  Our ranking in Miami is in the area of Land Use & Zoning (Private).  The Private Land Use & Zoning Group is headed by AV rated attorney Gilberto Pastoriza and includes Chad S. Friedman, Stephen J. Helfman, Anthony L. Recio, Clifford A. Schulman and Estrellita S. Sibila.  We congratulate all the attorneys in the practice group on this achievement and thank them for their invaluable contributions which made this ranking possible.

 

 

Read the rest of this entry »

Categories: Awards & RecognitionsLand Use & Zoning (Private)
Tags: Chad S. FriedmanStephen J. HelfmanGilberto PastorizaAnthony L. RecioEstrellita S. Sibila
Author(s): Brooke P. Dolara

Florida City Government Week Will Shine Spotlight On Municipal Government And Services

The Florida League of Cities has established Florida City Government Week as part of an effort to increase civic participation in Florida through education about municipal government and services. Florida City Government Week will run from October 16 to October 22, during which time municipalities are encouraged to take an active role in promoting information about local government. To prepare for Florida City Government Week, the League will send planning packets to League members and local schools in August. The League already has numerous helpful publications available on its website, which you can access here. You can also check out our blog and twitter feed (@wsh-law) in the coming weeks for any updates about Florida City Government Week.  

Read the rest of this entry »

Categories: Government AffairsLocal Government
Tags: Municipal GovernmentFlorida League of CitiesFlorida City Government Week
Author(s): Brooke P. Dolara

Timothy M. Ravich Selected As One Of 40 Under 40 Outstanding Lawyers In Miami-Dade

Timothy M. Ravich' will be honored this November as one of the 40 Under 40 Outstanding Lawyers of Miami-Dade County at an awards gala hosted by the Cystic Fibrosis Foundation. The selection committee cited Tim's demonstrated excellence in the legal field and his contributions in the community as the primary criteria in selecting Tim to receive this distinguished award. We are thrilled for Tim and congratulate him on this great honor.

Read the rest of this entry »

Categories: Airports and AviationAwards & Recognitions
Tags: Timothy M. Ravich
Author(s): Brooke P. Dolara

Yankeetown Challenges Growth Management Reform

On August 1, Yankeetown asked a Leon County circuit court judge to declare HB 7207 unconstitutional.  The lawsuit was filed against the Department of Community Affairs, DCA Secretary Billy Buzzett and the Florida Cabinet, sitting as the Administration Commission. 

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationLocal Government
Tags: Florida Growth Management ActGovernmental LitigationMunicipal GovernmentChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Florida Supreme Court Reverses Third DCA Following In-Depth Discussion of Class Certification Standards

On July 7, 2011, the Florida Supreme Court reversed a decision by the Third District Court of Appeals reversing a trial court's class certification; in doing so, the Court also resolved a conflict created between the Third DCA and Fourth DCA concerning the proper standard of review on appeal. In Sosa v. Safeway Premium Fin. Co., 36 Fla. L. Weekly S373 (Fla. 2011), the Court held that because class certification involves factual findings, the correct standard of review is not a de novo analysis of the facts, but whether the trial court abused its discretion. Moreover, class certification should involve findings limited to the requirement for class certification and should not address the cause of action's merits.

Read the rest of this entry »

Categories: LitigationAppellate Law & Practice
Tags: Class CertificationFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman

DNA Testing For Dog Waste – Condominium Association Gets Tough On Owners Who Don’t Clean Up

Fed up with owners who refused to pick up their pets' waste, the Village of Abacoa Condominium Association implemented a policy to have pets' DNA tested and then use the results to determine which dogs were defecating on the property. The policy created a rift between supporters who were tired of putting up with dog waste on the property and other owners arguing that the policy was costly, ineffective, and would lead to a number of lawsuits.

Read the rest of this entry »

Categories: Condominium Associations
Tags: Condos and HOAsGoverning DocumentsRule EnforcementJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFlorida Community Association LawFlorida Condo Association Law
Author(s): Brooke P. Dolara

Community Planning Act Passes, Deregulation Forthcoming

On June 2, 2011, Gov. Rick Scott signed into law House Bill 7207, the Community Planning Act. What will it mean for the residents, visitors, businesses and communities of Florida?

Read the rest of this entry »

Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Community Planning ActMunicipal GovernmentChad S. FriedmanSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Public Records and E-Mails: If It's Not the City's Business, It's Not Necessarily a Public Record

On July 20, 2011, Daniel L. Abbott and Jamie A. Cole won a significant case for City of Hallandale Beach in the Fourth District Court of Appeals concerning the scope of records accessible to the public. A citizen sued the City after he was denied access to a list of e-mail addresses containing the recipients of an e-mail sent by the Mayor. The Mayor sent the email, which contained three articles the Mayor submitted as a columnist to the South Florida Sun Times, from her personal e-mail address on her personal computer. The trial court found that the Mayor had no obligation under Florida law or local ordinance to notify her friends and supporters that the article had been published. The trial court also found that the City played no role in the Mayor's decision to send the e-mail. The court found that the e-mail therefore fell outside the scope of the public records and the petitioner was not entitled to the names and e-mail addresses of the people who received the e-mail in question.

 

 

 

Read the rest of this entry »

Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentEthicsSpecial Counsel to Local GovernmentDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

New Bonus And Severance Pay Restrictions For Public Employees Starts Now

On June 17, 2011, the Governor signed Senate Bill 88, which limits the amount of severance and/or bonus a governmental entity may provide to a contractual employee. The law explicitly provides that no extra compensation shall be made to any officer, agent, employee or contractor after service has been rendered or a contract entered into unless the compensation is allowed by a law enacted by two-thirds of both the Florida House of Representatives and the Florida Senate. Although contracts entered into before July 1, 2011 are grandfathered, municipalities, counties and other units of government in Florida will be required to comply with the new restrictions limiting the availability of bonuses and severance pay for contractual employees.

Read the rest of this entry »

Categories: Labor and EmploymentGovernment AffairsLocal Government
Tags: Public EmployeesEmployment AgreementsPublic EmployersSenate Bill 88Mitchell A. BiermanJamie A. ColeRaquel ElejabarrietaChad S. FriedmanBrett J. SchneiderRichard Jay WeissDavid M. WolpinFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersSouth Florida Private Transactions AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Employment AttorneysFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation Attorney
Author(s): Brett J. Schneider & Brooke P. Dolara