Assouline & Berlowe is an established South Florida based business litigation and transactional law firm serving the business needs of local, national, and international clients. Now in its eighteenth year, our attorneys have worked on a broad range of business matters in a wide-range of industries. The Firm consists of a dedicated team of recognized professionals with hundreds of years of collective business and technology law experience. We remain true to our initial mission: to exceed client expectations and provide client-specific legal services at competitive prices.
Creditors Rights & BankruptcyAssouline & Berlowe represents debtors and creditors in state, federal, and bankruptcy courts in liquidation, reorganization, and adversary proceedings. The Firm's attorneys handle, among other things, commercial collections, enforcement of rights in secured transactions, and adversary proceedings and appeals. The Firm also represents parties in: asset recovery; assignments for benefit of creditors (also known as ABCs); contested garnishment proceedings; judgment enforcement proceedings, including the execution and sale of seized assets; preferential and fraudulent transfers litigation in bankruptcy court; proceedings supplementary, under Fla. Stat. § 56.29; receivership related actions; contested Uniform Commercial Code issues; voluntary and involuntary business bankruptcy; and out of court workouts of troubled or non-performing loans.
Our Bankruptcy and Creditor Rights Practice is headed by Eric N. Assouline, the firm co-founder and partner in the Miami and Ft. Lauderdale offices. Mr. Assouline also heads our Business Litigation and Dispute Resolution Practice.
At the helm, Mr. Assouline has defended claims against court appointed receivers of financial and insurance companies in various state and federal court cases. As lead litigation counsel, he has prosecuted fraudulent transfer actions on behalf of a federal court appointed receiver to recover transferred funds from third parties.
Labor and EmploymentWe assist clients in the full range of labor and employment litigation in state and federal courts. We also represent clients before the Equal Employment Opportunity Commission (EEOC), the Department of Labor, the Florida Commission on Human Relations, the Public Employees Relations Commission, and the Agency for Workforce Innovation. We have handled litigation in connection with misappropriation of trade secrets, employment discrimination and retaliation, defamation, wage and hour laws, non-compete and non-solicitation agreements, and sexual harassment.
Employment litigation is not inevitable. We can counsel you on preventative measures to minimize the risk of litigation, including developing workplace discrimination and harassment policies and practices, training employees and managers, and preparing employment agreements and handbooks. Federal, state, and local laws need to be considered in developing company policies.
Trust & Estates, Probate, and GuardianshipsWhen someone passes away, their estate may need to proceed through a lengthy, expensive process known as probate. Probate is a court-supervised process whereby a decedent’s assets are identified and gathered, and their debts and funeral expenses are paid by using those assets. The remainder is distributed to beneficiaries according to a valid will or Florida’s intestacy rules. Through this process, title is transferred from the decedent to beneficiaries. The probate court will appoint a qualified fiduciary as a personal representative. In some cases, a person who has been disinherited or another interested party may contest a will based on undue influence, lack of testamentary capacity, or breach of fiduciary duty.
Careful estate planning can allow you to maximize your wealth and protect your assets. For example, you potentially can avoid probate by creating a living trust. It also can allow you to arrange for financial management and health care decision-making in case you become incapacitated.
Business Litigation and Dispute ResolutionWe maintain an extensive business litigation and dispute resolution practice. Often, business litigation involves high stakes. An entire company’s future may rest on the outcome of a single lawsuit. Thus, it is imperative to select an attorney whom you can trust to represent you in business litigation. We represent a broad spectrum of clients, including private and public companies, family-owned businesses, start-ups and growth firms, individual entrepreneurs, and financial institutions. Our Florida business attorneys litigate claims related to antitrust, unfair competition, trade secrets, asset recovery, civil fraud, RICO, foreign judgment enforcement, fraudulent conveyances, commercial collections, contract disputes, complex commercial disputes, labor and employment, intellectual property, sports league agreements, real estate, construction, creditors’ rights, and property. We also represent clients in investor and broker-dealer FINRA arbitration.
Our dispute resolution team includes attorneys who are familiar with common and civil law systems, and who are skillful at resolving disputes under U.S. and foreign laws.
Corporate and FinanceOur firm is regularly asked to handle business and corporate transactions of every kind. We are well-positioned to advise on almost any corporate or finance matter, and we represent entrepreneurs and businesses throughout the entire business life cycle from formation to dissolution. Our corporate practice relies on the hundreds of years of combined business and legal experience that our partners have accumulated.
The structure of a business can have an impact on its ability to meet its objectives and your exposure to liability. For example, if you choose to incorporate in Florida, you will need to meet certain formalities to obtain protection against personal liability. You will need to choose between a C corporation and an S corporation. C corporations can issue more than one class of stock and are subject to taxation when profits are first earned and when shareholder dividends are distributed. Usually, they have more potential for growth. S corporations have a pass-through tax structure and allow for only one class of stock; they are capped at 100 shareholders.
Our Florida business lawyers can prepare all types of transactional documents, including purchase and sale agreements, merger and acquisition agreements, shareholder agreements, operating agreements, and partnership and joint venture agreements. Our attorneys plan, structure, negotiate, and execute complex, high-value business transactions. Our partners have experience helping clients secure debt or equity. We often serve as outside counsel, advising business managers on every aspect of corporate governance, management, and compliance with governmental regulations. Many of our attorneys are licensed in multiple jurisdictions.
Intellectual PropertyA business’ most important assets may be intangible intellectual property rights. It may be crucial to pursue or defend against litigation related to these rights. For example, if you discover that a competitor within the U.S. is infringing your patent by making and selling an item that contains each element of your patented claim while the patent is in effect, you will have a claim of patent infringement. Patent holders need to bring infringement actions within six years from the infringement date. The business attorneys at our Florida firm handle intellectual property litigation, along with the registration of copyrights, trademarks, and patents.
We perform a wide range of legal services in connection with intellectual property, including filing and prosecuting non-provisional utility patents and design patents, filing provisional patent applications, evaluating new technologies for patentability, formulating and conducting right to use or freedom to operate searches, identifying and policing our clients’ intellectual property rights, providing portfolio counseling, and representing clients at Markman hearings, as well as Trademark Trial and Appeal Board inter partes disputes. We also can structure and negotiate IP business transactions.
International Law and ArbitrationCultural nuances and different business practices can create additional challenges and costs in any transaction. Our attorneys are familiar with international law and arbitration, and we have experience handling cross-border transactions in Asia, Europe, Latin America, and the Middle East. Many of our partners have lived and practiced in foreign jurisdictions, and we can represent clients in international mediation, arbitration, and litigation. We have represented major banking, food, construction, metals, manufacturing, oil, and technology companies.
Sometimes cross-border relationships break down, and it becomes necessary to consider the best method by which to resolve a dispute. Often, that will be commercial arbitration, which is a private form of binding dispute resolution that may be specified in the contract between the parties. Commercial arbitration is usually conducted before an impartial tribunal. The tribunal is usually composed of one or three arbitrators, who are typically selected by the parties. The tribunal’s powers may be fixed by the terms of the contract. The business lawyers at our Florida firm represent U.S. and foreign individuals and entities in matters involving international law and arbitration.
Real EstateOur real estate practice team has represented a range of clients, including real estate developers, entrepreneurs, syndicates, corporations, construction companies, and banks and other financial institutions. We have served as strategic legal and transactional counsel on high-value real estate projects, including hotels, resorts, office buildings, multi-family housing, shopping centers, restaurants, petrochemical plants, and infrastructure projects. We have working relationships with numerous appraisers, accountants, and construction and engineering experts, whom we can retain when a multi-disciplinary project team is needed. Some of our attorneys have practical experience in building construction, civil engineering, and mechanical engineering, and we can bring our insights from this real-world experience to bear on any legal issues that arise during development and construction.
Consult a Sophisticated Florida AttorneyAssouline & Berlowe is more than just another boutique firm. We remain true to our initial mission –– providing partner-level representation and client-specific and cost-effective legal services. The business attorneys at our Florida firm take great pride in the legal work that we do for our clients. We represent clients throughout Miami-Dade, Broward, Palm Beach, Osceola, and Orange Counties. Call us in Miami at (305) 567-5576, in Fort Lauderdale at (954) 929-1899, or in Boca Raton at (561) 361-6566. You also can contact us via our online form.