Thứ Năm, 3 tháng 3, 2011

Correction: WPB Yoss Office Not "Closed" But Partners and Rent Not Paid -- Much Better!


So was there or was there not a "restructuring" at the WPB Adorno Yoss?

Managing partner George Yoss says yes, but what the hail does he know:
John Koenig, the former Yoss partner in charge in West Palm Beach, said he left Tuesday with associate Mandell Sundarsingh to start the Boynton Beach firm Koenig & Dinkin with lawyer Mitch Dinkin. The new firm specializes in collections, commercial litigation and creditors' rights.

"I left because I was not getting paid," Koenig said. "We were not receiving paychecks for awhile."
He also said the Coral Gables-based firm had not paid rent at the office for three months.
Actually, when you're not paying your partners and the office has not paid its rent in three months, I consider that a "restructuring."

Or a "consolidation," or the "implementation of a strategic plan," or "focusing on your core capabilities," or "redeploying firm assets in a more efficient manner," or.......

Thứ Tư, 2 tháng 3, 2011

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3d DCA Watch -- Duly Noticed, Judge Rothenberg.



Dear Judge Rothenberg:

If you want us to highlight one of your opinions, simply send us a note.

We're always happy to oblige Your Honor and would be delighted to facilitate the Bar's understanding of the intricacies of appellate practice and the nuances of contractor/subcontractor law.

So next time, you don't have to be so obvious:
“Case closed,” it seemed, and as the trial court noted, the moving parties appeared destined for certain victory. “But,” in the immortal words of Phil Collins, “something happened on the way to heaven.”2
Sussudio!!

And here's the citation:
2 Phil Collins, Something Happened on the Way to Heaven, on . . . But Seriously (Atlantic Records 1989).
Nicely done, Judge.

I like the opinion too, which deals with whether you can get out of contracts with unlicensed subcontractors:
In other words, all violations of licensing statutes are not created equally, and the courts faced with whether to add the penalty of non-enforceability to a violation of a licensing provision, where the statute or ordinance does not provide for such a penalty, must take a flexible approach. The violation of a licensing provision does implicate concerns over whether the other party and the public at large are sufficiently protected from shoddy workmanship. However, the mere existence of a violation, standing alone, is insufficient to automatically trigger the judicial penalty of unenforceability.
The judge stresses that flexibility and balancing is required to prevent the rote application of a rule that would result in substantial injustice.

Imagine that.

Break Bread With Spencer Aronfeld!



Do you want to break wind bread with Spencer Aronfeld?

All you have to do is help out judging the American Association for Justice 2011 National Student Trial Advocacy Competition, which is co-sponsored by Spencer and will be held at the University of Miami School of Law this weekend.

Here are the dates:
March 4 from 5:00PM -9:00PM.
March 5 from 9:00AM-12:00PM and from 2:00PM-5:00PM.  
March 6 from 9:00AM-12:00PM and from 2:00PM-5:00PM.
All judges get to have a nice nosh over at Spence's place when the whole thing is done.

(Note to Gabby:  don't feel bad, Spencer messed up Mayra's name too!)

Can Someone Explain This?



Judge Valerie Manno Schurr appointed Mark Meland as a receiver for a company after finding it in "default" for failing to turn over financial records to South Florida power broker Chris Korge, who is represented by Kendall Coffey.

Huh?

Was the "default" a discovery sanction?  Did the Judge strike the defendant's pleadings?  Is that what the "default" means?

How do you get from a discovery sanction to the appointment of a receiver?

Even if the obligation to turn over records was contractual, as opposed to arising from the defendant's discovery obligations, I'm not following how a finding of "default" leads to the appointment of a receiver to run the business.

Maybe Bob Zarco, who represents the defendant, can explain this one, because something seems off about this story.

Thứ Ba, 1 tháng 3, 2011

This is What Happens When You Outsource Your Press Release.



Someone contact Hyderabad, stat:
The Abreu Law Firm is one of the Miami Law Firms set up in the year 2007 ever since then it has been rendering their services to its customers to deal with legal cases and assist them in removing the charges forced over them. Federal lawyer at Abreu Law Firm sets a quality on complete service criminal justification coupled with exceptional customer care. This is situated in Miami; however it takes clients from different cities within the boundaries of Florida. This firm devotes itself exclusively for criminal defense; it can center its proficiency on dealing with your case to get you the top result probable.
 Did you hear that -- Bob's firm will "get you the top result probable!!!" 

I definitely recommend reading the whole thing.

Jack Reiter Leaves Yoss for Carlton Fields!



That intrepid person reports on the departure of Jack Reiter, former head of Adorno Yoss' appellate department, to Carlton Fields:
“I’ve been presented with a terrific opportunity to become part of a strong statewide firm and an extremely well-respected practice group,” Reiter said.
Reiter added, "I also was presented with a terrific opportunity to be paid on time, or just to be paid at all, and I found being paid for work that I do to be a significant factor in my future ability to earn any income."

Oh I kid, I kid.

All is well with Yoss, how could it not be?

I remember a time in college when I was flat-broke, and had to sell my blood to get any cash, plus I ate most meals at the food kitchen where you could get rice and bread for free in exchange for helping to clean up after dinner.

This seriously happened to me.

I call that my "restructuring period."

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