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WSH Successfully Defends Golden Beach in Labor Arbitration

Last week, WSH obtained a significant arbitration victory for the Town of Golden Beach in a case involving a former police officer who was terminated for sleeping on the job.

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Categories: Labor and EmploymentGovernment AffairsLocal GovernmentContractsAlternative Dispute Resolution
Tags: Public EmployeesEmployment AgreementsPublic EmployersCollective BargainingMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanBrett J. SchneiderAlison F. SmithRichard Jay WeissDavid M. WolpinMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysAlternative Dispute ResolutionFlorida Employment AttorneysFlorida Labor LawyersFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

NLRB Changes Procedures to Speed Up Union Elections; Employer-Friendly Organizations Respond With Lawsuit

On December 21, the National Labor Relations Board (“NLRB”) published a new Rule that will change the procedures for private sector union representation elections.  The Rule, which will take effect on April 30, 2012, shortens the time period between the initial filing of the election petition and the election, unless the parties stipulate to the election date. As a result, the Rule eliminates pre-suit challenges to NLRB rulings such as the appropriate bargaining unit and which workers are eligible to vote in an election.

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Categories: Labor and EmploymentLitigationGovernment Affairs
Tags: Employment AgreementsGovernmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokBrett J. SchneiderJoseph H. SerotaFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort 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 Attorneys
Author(s): Brett J. Schneider & Brooke P. Dolara

WSH Litigation Team Wins for the Miami Art Museum

Judge Barbara Areces of the 11th Judicial Circuit Court for Miami-Dade County entered a declaratory ruling today that the lease between the City of Miami and Miami Art Museum of Dade County Association, Inc. to construct a world-class art museum near downtown Miami complies with the City’s Charter. Judge Areces rejected efforts by Miami Neighborhoods United and a Miami resident to void the lease and prevent the project.

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Categories: LitigationGovernment AffairsLocal GovernmentReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJonathan CohenJamie A. ColeChad S. FriedmanEdward G. GuedesEric P. HockmanMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort 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

Supreme Court Decision on Health Care Overhaul Could Be Stalled Until 2015

This spring, oral arguments are scheduled to begin in a challenge to the Patient Protection and Affordable Care Act from the Eleventh Circuit Court of Appeals.

Before the Supreme Court tackles the challenged “individual mandate” in the Patient Protection and Affordable Care Act, it may first have to determine whether or not a challenge to the Act can be litigated at all. The Court could decide to delay any decision until 2015, when the penalties will be assessed against those who refuse to buy health insurance.

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Categories: LitigationGovernment AffairsAppellate Law & PracticeFederal LawConstitutional Law
Tags: Governmental LitigationJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellPatient Protection and Affordable Care ActFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsEleventh Circuit Court of Appeals
Author(s): Brooke P. Dolara

Florida Legislature Will Tackle Several Significant Planning and Growth Management Bills In Upcoming Legislative Session

In less than two weeks, Florida representatives and senators will convene for the 2012 Legislative Session. Legislators will tackle a number of bills relating to planning and growth management issues. WSH Partner James E. White provided a synopsis of several bills in the new edition of Planner’s Perspective, the quarterly electronic newsletter of the Broward Section of the American Planning Association. In addition to his contributing to the newsletter, James is a member of the American Planning Association and a Legislative Policy Committtee Member of its Broward Section.

To read the synopsis, click here. To check on the status of any individual bill or read the bill’s text and/or amendments, you can visit the Florida Legislature’s website.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment Affairs
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Brooke P. Dolara

Holiday Displays On Public Property and the First Amendment

Each holiday season brings festivities, family time and a welcome break from the daily grind. For local government attorneys and officials, the holiday season also involves important issues of the types of holiday displays a city or county may authorize within its rights of way, parks and other public properties.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissDavid M. WolpinFort 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 AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsJohanna M. Lundgren
Author(s): Susan L. Trevarthen & Johanna M. Lundgren

11th Circuit Holds Discrimination Against Transgendered Employee Violates Equal Protection Clause

In Glenn v. Brumby, 1:08-CV-02360-RWS (11th Cir. December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination when it terminates an employee because of gender-nonconformity when the employee announces that he or she is planning to transition from one sex to another. The case is significant because it contradicts earlier cases that relied on Congress’s intent in passing Title VII of the Civil Rights Act of 1964 to find that the law only protected against discrimination so that the sexes would be treated equally and did not protect those who were transitioning.

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Categories: Labor and EmploymentLitigationGovernment AffairsFederal CourtsConstitutional Law
Tags: Governmental LitigationMitchell A. BiermanJamie A. ColeEdward G. GuedesAlexander L. Palenzuela-MauriBrett J. SchneiderJoseph H. SerotaFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysEleventh Circuit Court of AppealsFlorida Commercial Litigation LawyerFlorida Labor LawyersFort Lauderdale Civil Litigation AttorneysFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneySouth Florida Employment Lawyers
Author(s): Alexander L. Palenzuela-Mauri

Applications to Move Miami-Dade Urban Boundary Line Could Help Give Understanding to State’s Authority over Land Use

The Miami-Dade County Commission recently approved two applications that could move the Urban Development Boundary (“UDB") and allow more development on previously sacrosanct property.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Florida Growth Management ActCommunity Planning ActGovernmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort 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 AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development Boundary
Author(s): Brooke P. Dolara

SEC Issues Subpoenas For Information Relating to Marlins Stadium Financing

The Securities and Exchange Commission subpoenaed Miami-Dade County and the City of Miami seeking information on any investigation and analysis they did prior to issuing millions of dollars in bonds to pay for the stadium and adjacent parking lots.

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Categories: Government AffairsLocal GovernmentFederal LawContracts
Tags: Sunshine LawMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJonathan CohenJamie A. ColeIgnacio G. Del ValleChad S. FriedmanRichard Jay WeissDavid M. WolpinFort 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 Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate Attorneys
Author(s): Brooke P. Dolara

Broward League of Cities Shines Spotlight on WSH

Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. is currently in the Broward League of Cities’ Member Spotlight. The League is currently profiling our Firm on its website, citing our service as city attorney to several Broward municipalities. Firm Member Susan L. Trevarthen and Partner Matthew H. Mandel devote substantial time and energy to League Committees, while Managing Director Jamie A. Cole and Member David M. Wolpin provide counsel to the League on an ongoing basis. We are thrilled and humbled to be acknowledged on the League’s website.

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Categories: Land Use & Zoning (Public)Government AffairsLocal GovernmentAwards & Recognitions
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentFlorida League of CitiesAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort 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. Mandel
Author(s): Brooke P. Dolara