Practice Divisions – Weiss Serota Helfman Cole + Bierman https://www.wsh-law.com At the Crossroads of Business, Government & the Law Tue, 23 Sep 2025 16:31:33 +0000 en-US hourly 1 Five WSHC+B Partners Recognized in 2026 Lawdragon 500 Leading Corporate Employment Lawyers Guide https://www.wsh-law.com/news-updates/five-wshcb-partners-recognized-in-2026-lawdragon-500-leading-corporate-employment-lawyers-guide/#utm_source=rss&utm_medium=rss Tue, 23 Sep 2025 15:41:15 +0000 https://www.wsh-law.com/?p=12443 WSHC+B is honored to announce the inclusion of five of our partners in the 2026 Lawdragon 500 Leading Corporate Employment Lawyers Guide. Milton R. Collins (Labor & Employment, Employee Benefits) Michael Kantor (Labor & Employment Litigation) Caroline G. Saiz (Labor & Employment, Government Agencies) Brett J. Schneider (Labor & Employment, Litigation, Collective Bargaining) Alison F. […]

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WSHC+B is honored to announce the inclusion of five of our partners in the 2026 Lawdragon 500 Leading Corporate Employment Lawyers Guide.

According to Lawdragon, this annual guide recognizes “the nation’s best advisors on the world of employment and labor law – from employee benefits and executive compensation; to traditional labor matters; immigration; and, of course, all matter of litigation and arbitration – from wage and hour class actions, to discrimination, trade secrets and non-compete agreements.”

Honorees are selected through a proprietary process, combining journalistic research and vetting, as well as submissions from peers, competitors and firms. This is the 19th edition of the guide to the nation’s best advisors on the world of employment and labor law – from employee benefits and executive compensation; to traditional labor matters; immigration; and, of course, all matter of litigation and arbitration – from wage and hour class actions, to discrimination, trade secrets and non-compete agreements.

View the full guide here.

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Six WSHC+B Partners Recognized in 2025 Lawdragon 500 Leading Real Estate Lawyers Guide https://www.wsh-law.com/news-updates/six-wshcb-partners-recognized-in-2025-lawdragon-500-leading-real-estate-lawyers-guide/#utm_source=rss&utm_medium=rss Wed, 27 Aug 2025 13:30:45 +0000 https://www.wsh-law.com/?p=12403 WSHC+B is honored to announce the inclusion of six of our partners in the 2025 Lawdragon 500 Leading Real Estate Lawyers guide.  Lillian M. Arango (Real Estate, Transactions, Finance, Leasing) Maria Victoria Currais (Real Estate Transactions, Public Finance) Fabio Giallanza (Real Estate Transactions) Rana M. Gorzeck (Real Estate Transactions) Eduardo M. Soto (Commercial Real Estate, […]

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WSHC+B is honored to announce the inclusion of six of our partners in the 2025 Lawdragon 500 Leading Real Estate Lawyers guide. 

According to Lawdragon, this annual guide recognizes legal “advisors who specialize in a vast range of skills – development, finance, leasing, litigation, REIT structuring – on a range of property.”

The 2025 Lawdragon 500 Leading Global Real Estate Lawyers guide is a respected publication that recognizes lawyers who have shown exceptional skill in real estate-related practices. Their selection process involves rigorous research, including submissions from peers and analysis by Lawdragon’s editorial team. The guide is an essential resource for identifying top legal professionals in the real estate sector, highlighting those who excel in areas such as transactions, development, and finance​. Honorees are selected through a proprietary process, combining journalistic research and vetting, as well as submissions from peers, competitors and firms. The winners were selected from a pool of thousands of lawyers considered for this guide.

View the full guide here.

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WSHC+B Partner Edward G. Guedes Featured in Miami Herald on Legality of Changing Election Dates https://www.wsh-law.com/news-updates/wshcb-partner-edward-g-guedes-featured-in-miami-herald-on-legality-of-changing-election-dates/#utm_source=rss&utm_medium=rss Wed, 25 Jun 2025 14:47:13 +0000 https://www.wsh-law.com/?p=12188 WSHC+B Partner and Chair of the Firm’s Appellate Practice Group Edward G. Guedes was recently featured in a Miami Herald article about the ongoing legal debate surrounding Miami’s proposed shift of its municipal election from odd years to even years, potentially postponing the upcoming November election to 2026. The article discusses a decision by a […]

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WSHC+B Partner and Chair of the Firm’s Appellate Practice Group Edward G. Guedes was recently featured in a Miami Herald article about the ongoing legal debate surrounding Miami’s proposed shift of its municipal election from odd years to even years, potentially postponing the upcoming November election to 2026.

The article discusses a decision by a three-judge panel of the Third District Court of Appeal in Miami-Dade County, which upheld Circuit Judge Reemberto Diaz’s ruling that North Miami Council members acted within Florida law when they voted to move the election date.

Ed represented the city of North Miami in the case. He told the Miami Herald that because the appeals court simply upheld the trial court’s ruling without elaborating in a written opinion of their own, “technically that kind of decision is not binding precedent.” 

Nevertheless, Ed said Florida law allows municipalities to change the election date via ordinance and without voter input. 

“It is very, very clear that the Florida Legislature authorized this kind of election date-changing by cities, and to do so by ordinance notwithstanding a charter,” Ed said.

He emphasized that making the change is “a one-time shot.” “This isn’t just a mechanism for cities to abuse the process and sitting elected officials to continuously extend their terms in office, because it’s a one-shot alignment,” Ed said. “Once you align, that’s it. You’re done.”

Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal, and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property, and labor and employment issues.

Click here to view the article.

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Client Alert: New Florida CHOICE Act Reshapes Non-Compete Landscape https://www.wsh-law.com/news-updates/client-alert-new-florida-choice-act-reshapes-non-compete-landscape/#utm_source=rss&utm_medium=rss Mon, 12 May 2025 19:01:43 +0000 https://www.wsh-law.com/?p=12075 Florida has enacted the CHOICE Act (Creating Hope and Opportunity for Individuals and Career Employment Act), effective July 1, 2025, introducing substantial changes to the enforcement of non-compete and garden leave agreements. This legislation positions Florida as one of the most employer-friendly states concerning restrictive covenants. Employers are strongly encouraged to review their existing agreements […]

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Florida has enacted the CHOICE Act (Creating Hope and Opportunity for Individuals and Career Employment Act), effective July 1, 2025, introducing substantial changes to the enforcement of non-compete and garden leave agreements. This legislation positions Florida as one of the most employer-friendly states concerning restrictive covenants. Employers are strongly encouraged to review their existing agreements now and consult with legal counsel to ensure compliance and minimize risk under the new law.

Key Provisions of the CHOICE Act

1. Presumption of Enforceability

The Act establishes a presumption that certain non-compete and garden leave agreements are enforceable and do not violate public policy, provided they meet specific criteria. Courts are required to issue injunctions enforcing covered agreements, shifting the burden of proof onto the former employee or poaching employer to establish certain narrow defenses. This marks a significant shift from existing law, which requires employers seeking enforcement to prove the existence of a legitimate business interest supporting the restrictive covenant, irreparable harm, and several other elements. The existing legal standard will continue to apply to agreements that are not covered by the CHOICE Act.

2. Covered Employees

The Act applies to employees or contractors who:

  • Work primarily in Florida or for an employer with its principal place of business in Florida.
  • Earn or are expected to earn a salary exceeding twice the annual mean wage of the relevant county.
  • Are not classified as healthcare practitioners under Florida law.

3. Requirements for Presumptively Enforceable Agreements

Non-Compete Agreements will be presumed to be enforceable if:

  1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and is given at least seven days to review the agreement before signing.
  2. The employee acknowledges in writing that they will receive confidential information or information about customer relationships during their employment.
  3. The employee agrees not to assume a role with or for another business that provides services similar to those provided to the covered employer during the three years preceding the non-compete period, or in which it is reasonably likely that they would use confidential information or customer relationships.
  4. The non-compete period does not exceed four years.
  5. If the employee is granted a covered garden leave agreement, the non-compete period is reduced day-for-day by any non-working portion of the notice period.
  6. It’s important to note that there are no restrictions on the geographic scope of a covered non-compete agreement. 

Similarly, Garden Leave Agreements are presumed enforceable if:

  1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and has at least seven days to review the agreement before signing.
  2. The employee and employer agree to provide up to four years’ advance notice before terminating employment, which is known as the “notice period.”
  3. During the notice period, the employer agrees to pay the employee their regular base salary and benefits.
  4. The employee acknowledges in writing that they may receive confidential information or information about customer relationships during their employment.
  5. The garden leave provisions provide that:
  • After the first 90 days of the notice period, the covered employee is not required to provide services to the covered employer.
  • During the remainder of the notice period, the covered employee may engage in nonwork activities, including during normal business hours.
  • The covered employee may also work for another employer with the permission of the covered employer during the remainder of the notice period.

Action Steps for Employers

  1. Review your existing agreements and assess whether they need modifications to align with the Act’s definition of a “covered” garden leave or non-compete agreement.
  2. Restrictive covenants can still be enforced against employees earning less than twice the mean salary for the applicable county. However, employers won’t have a preliminary injunction without demonstrating a legitimate business interest and irreparable harm.
  3. Review your company’s confidentiality protocols and ensure comprehensive, up-to-date, and legally compliant policies regarding trade secrets, customer information, and confidential information. While the CHOICE Act only requires employees to acknowledge access to confidential information, implementing additional guardrails enhances overall security.

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Gov. DeSantis announces Florida’s New Government Efficiency Task Force: What It Means for Governmental Agencies and Government-Funded Entities https://www.wsh-law.com/news-updates/gov-desantis-announces-floridas-new-government-efficiency-task-force-what-it-means-for-governmental-agencies/#utm_source=rss&utm_medium=rss Fri, 28 Feb 2025 17:05:15 +0000 https://www.wsh-law.com/?p=11756 On February 24, Governor Ron DeSantis signed an executive order launching the Florida DOGE Task Force, a state-level initiative aimed at eliminating inefficiencies and reducing costs across governmental agencies and potentially government-funded private entities, vendors, partners, and contractors. This task force will operate for one year, using artificial intelligence to conduct audits and recommend budget cuts. These […]

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On February 24, Governor Ron DeSantis signed an executive order launching the Florida DOGE Task Force, a state-level initiative aimed at eliminating inefficiencies and reducing costs across governmental agencies and potentially government-funded private entities, vendors, partners, and contractors. This task force will operate for one year, using artificial intelligence to conduct audits and recommend budget cuts.

These entities will likely face increased scrutiny and be required to comply with audit findings and implement recommended changes.  WSHC+B advises local governments and government-funded entities undergoing government investigations and audits, providing guidance to navigate compliance requirements and regulatory reviews. Our team has extensive experience advising public sector clients on audit response strategies and risk management.

Related Attorneys:

Click here to read the official statement and here to read a New York Times article about the Florida DOGE Task Force.

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WSHC+B Partner Brett Schneider Appointed to Palm Beach County Personnel Appeals Board https://www.wsh-law.com/news-updates/wshcb-partner-brett-schneider-appointed-to-palm-beach-county-personnel-appeals-board/#utm_source=rss&utm_medium=rss Tue, 25 Feb 2025 15:52:43 +0000 https://www.wsh-law.com/?p=11739 WSHC+B is pleased to announce that the Managing Director of the firm’s Boca Raton office and Chair of its Labor and Employment Division, Brett Schneider, has been appointed to the Palm Beach County Personnel Appeals Board. The Palm Beach County Personnel Appeals Board is responsible for adjudicating appeals from permanent status, non-bargaining unit employees regarding […]

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WSHC+B is pleased to announce that the Managing Director of the firm’s Boca Raton office and Chair of its Labor and Employment Division, Brett Schneider, has been appointed to the Palm Beach County Personnel Appeals Board.

The Palm Beach County Personnel Appeals Board is responsible for adjudicating appeals from permanent

status, non-bargaining unit employees regarding discharges and layoffs. Upon an employee’s request, the Board conducts hearings and renders final, binding decisions.

As a Florida Bar Board Certified attorney in Labor and Employment Law, Brett helps public and private sector employers resolve issues in a prompt and efficient manner. Brett is a frequent speaker on labor and employment law and human resources matters and works closely with employers to ensure that their practices comply with federal, state, and local laws.

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Client Alert: What President Trump’s Executive Order on DEI Means for Employers https://www.wsh-law.com/news-updates/client-alert-what-president-trumps-executive-order-on-dei-means-for-employers/#utm_source=rss&utm_medium=rss Thu, 30 Jan 2025 20:42:17 +0000 https://www.wsh-law.com/?p=11657 On January 21, 2025, President Donald Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO). The goal of this order is to eliminate what it terms “illegal” diversity, equity, and inclusion (DEI) employment policies. For federal contractors, the EO rescinds the requirement to maintain affirmative action plans. For all employers, […]

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On January 21, 2025, President Donald Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO). The goal of this order is to eliminate what it terms “illegal” diversity, equity, and inclusion (DEI) employment policies. For federal contractors, the EO rescinds the requirement to maintain affirmative action plans. For all employers, the EO signals increased investigation and enforcement activities relating to DEI programs that use discriminatory preferences.

Section 3 of the EO, titled “Terminating Illegal Discrimination in the Federal Government,” specifically addresses the federal contracting process and revokes several previous executive orders and memoranda, including Executive Order 11246 (“EO 11246”). Originally established in 1965 by President Lyndon Johnson, EO 11246 prohibited employment discrimination by federal contractors and subcontractors based on race, color, religion, sex, and national origin. EO 11246 also required covered contractors to take affirmative action to ensure equal employment. President Trump’s EO now bars federal contractors from considering race, color, sex, sexual orientation, religion, or national origin in their employment, procurement or contracting practices “in ways that violate the Nation’s civil rights laws.” The EO ultimately eliminates affirmative action plan obligations for federal contractors.

Section 4 of the EO, titled “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences” directs federal agencies, in coordination with the attorney general, to take necessary actions to implement the EO’s principles. Within 120 days, the attorney general, in consultation with agency heads, is required to submit a report with recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. This report must outline key areas of concern within each agency’s jurisdiction, identify the most egregious DEI practices, propose specific measures to deter illegal discrimination, suggest strategies for private sector engagement, and indicate potential litigation and regulatory actions.

It is crucial to note that President Trump’s EO does not alter existing anti-discrimination laws (like Title VII or the Florida Civil Rights Act) or their judicial interpretations. However, we strongly encourage employers, particularly federal contractors, to evaluate their current DEI initiatives and/or programs to ensure potential compliance with the EO.

We will continue to monitor developments regarding this executive order. If you have any questions or concerns about it or other employment-related executive orders, please feel free to reach out to us.

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Fabio Giallanza discusses with the Daily Business Review CTA compliance and the Texas court’s decision on a nationwide injunction https://www.wsh-law.com/news-updates/fabio-giallanza-discusses-with-the-daily-business-review-cta-compliance-and-the-texas-courts-decision-on-a-nationwide-injunction/#utm_source=rss&utm_medium=rss Mon, 23 Dec 2024 14:59:40 +0000 https://www.wsh-law.com/?p=11544 WSHC+B partner Fabio Giallanza recently spoke to the Daily Business Review on the latest developments on the recently passed Corporate Transparency Act (CTA). The Financial Crimes Enforcement Network has announced that the reporting of certain stakeholder information is voluntary, pending the resolution of the federal government’s appeal of an injunction by the U.S. District Court […]

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WSHC+B partner Fabio Giallanza recently spoke to the Daily Business Review on the latest developments on the recently passed Corporate Transparency Act (CTA).

The Financial Crimes Enforcement Network has announced that the reporting of certain stakeholder information is voluntary, pending the resolution of the federal government’s appeal of an injunction by the U.S. District Court for the Eastern District of Texas. This injunction barred enforcement of the CTA and its beneficial ownership reporting requirements, citing potential unconstitutionality.

Fabio pointed out the difference between the Texas court’s decision and an earlier decision by the U.S. District Court for the Northern District of Alabama: “This case in Texas goes a step further, and a big step further, because it imposed the injunction, which is not limited to the plaintiffs in the case, but it’s a nationwide injunction.”

Fabio is a corporate and real estate attorney, representing businesses and investors in the acquisition and financing of property, along with business transactions and corporate matters. He specializes in cross-border transactions involving clients based in the United States, Europe, and Latin America.

Read the full article in the Daily Business Review here: https://www.law.com/dailybusinessreview/2024/12/10/nationwide-injunction-halts-corporate-transparency-act-reporting-requirements/?slreturn=20241218103920&utm_source=rss&utm_medium=rss

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Client Alert: Corporate Transparency Act Update https://www.wsh-law.com/blog/business-transactions-blog/corporate-transparency-act-update/#utm_source=rss&utm_medium=rss Wed, 04 Dec 2024 17:14:31 +0000 https://www.wsh-law.com/?p=11507 In a significant legal development, the United States District Court for the Eastern District of Texas has issued a preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and its implementing regulations. This decision came in response to a lawsuit filed by Texas Top Cop Shop, Inc., and other plaintiffs, who contended that […]

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In a significant legal development, the United States District Court for the Eastern District of Texas has issued a preliminary injunction against the enforcement of the Corporate Transparency Act (CTA) and its implementing regulations. This decision came in response to a lawsuit filed by Texas Top Cop Shop, Inc., and other plaintiffs, who contended that the CTA infringed upon constitutional principles by imposing federal oversight on state-registered companies and requiring the disclosure of detailed personal information about their owners.

The court found that the CTA represented an unprecedented federal intrusion into areas traditionally managed by state governments and posed a threat to the anonymity historically afforded to corporate owners. Additionally, the Court found the Plaintiffs’ were likely to succeed in showing these constitutional violations and enforcement of the CTA compliance deadline would cause irreparable harm. The Court stayed the deadline to file a report under the Administrative Procedure Act (APA) § 705.

We are studying the decision and will monitor FinCEN’s response in the next days in order to advise clients on what to do regarding filing before the upcoming December 31st deadline. 

The full text of the decision is available here: Bloomberg Law

If you have any questions, please feel free to contact Emma Rodgers at erodgers@wsh-law.com.

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The Deadline is Approaching for the Corporate Transparency Act Filing Deadline https://www.wsh-law.com/news-updates/practice-divisions/business-transactions/the-deadline-is-approaching-for-the-corporate-transparency-act-filing-deadline/#utm_source=rss&utm_medium=rss Thu, 24 Oct 2024 15:55:53 +0000 https://www.wsh-law.com/?p=11447 The deadline is quickly approaching for the new reporting requirement under the Corporate Transparency Act (CTA), which took effect on January 1, 2024, and requires companies to report information about their ultimate owners and controllers to the U.S. government. Specifically, unless exempt, all corporations and limited liability companies with less than $5 million in annual […]

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The deadline is quickly approaching for the new reporting requirement under the Corporate Transparency Act (CTA), which took effect on January 1, 2024, and requires companies to report information about their ultimate owners and controllers to the U.S. government. Specifically, unless exempt, all corporations and limited liability companies with less than $5 million in annual revenue or fewer than 20 employees are required to file.

Reports under the CTA must be submitted by December 31, 2024. For businesses registered on or after January 1, 2024, registration is required within 90 days of filing their initial Articles of Organization or incorporation. Our firm is available to assist clients with this filing.

On March 1, 2024, the U.S. District Court for the Northern District of Alabama deemed the CTA unconstitutional. However, the Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of Treasury maintains that all applicable entities must still file their reports, except for those members of the National Small Business Association, the plaintiff in the case.

If you would like our assistance with your company’s CTA report, we are here to help.

Please note that the CTA report is not an annual filing. You will only need to refile if you sell your company or make significant governance changes, such as appointing a new president or senior officer.

The firm’s legal services will include:

  1. Assessing your CTA reporting obligations by reviewing your corporate structure
  2. Identifying beneficial owners based on the information you provide
  3. Filing your company’s initial Beneficial Ownership Information report with FinCEN

Please be aware that the CTA is a complex law, and non-compliance can lead to significant penalties. We are here to guide you through this process and ensure you remain compliant. To receive an engagement letter, please email Emma Rodgers at ERodgers@wsh-law.com and she can send it to you by email or DocuSign upon request. If you have any questions, feel free to reach out to us by phone at (305) 854-0800 or by email, and we can discuss the process in more detail.

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