CABA is a non-profit voluntary bar association founded in 1974 by lawyers of Cuban descent. CABA’s members include judges, lawyers, and law students of all backgrounds interested in issues affecting the Cuban community and broader legal and human rights issues impacting minority communities. 

Haydee is a partner in WSHC+B’s Government Division and Municipal Land Use Practice Group, where she provides general representation to municipalities on a broad range of issues such as elections, ethics, procurement, public records, and land use and zoning. Haydee has served on CABA’s Board of Directors since 2018 and currently serves as Co-Vice President.

Candice represents municipalities on a broad range of issues, including counseling on contracts and compliance with public records, sunshine, and ethics law requirements. She also assists in advising community redevelopment agencies, drafting government contracts and resolutions, tracking legislation, and developing litigation strategies across various matters. She has been a member of CABA since 2013 and has served on the Board of Directors since 2019. She currently serves as the organization’s Secretary.

Learn more here: https://cabaonline.com/caba/overview/board-of-directors/?utm_source=rss&utm_medium=rss

The post Haydee Sera and Candice Balmori Re-elected to the Cuban American Bar Association Board of Directors appeared first on Weiss Serota Helfman Cole + Bierman.

In response, FinCEN issued guidance stating that, while the injunction is in effect, businesses are not required to file their beneficial ownership information. The court also stayed all deadlines for compliance. However, FinCEN also clarified that companies may still voluntarily submit their reports during this time. This guidance ensures businesses are clear on their obligations during the ongoing litigation.

The Department of Justice filed a Notice of Appeal on December 5, 2024, challenging the injunction. While several district courts have upheld the CTA’s constitutionality, including those in Virginia and Oregon, FinCEN will comply with the injunction as long as it remains in effect. Therefore, businesses are not required to submit beneficial ownership reports and will not face penalties for non-compliance during this time, though they may still voluntarily submit the reports.

Given this uncertainty, reporting companies should make a determination as to whether to submit their BOI report voluntarily or await an appellate decision on the injunction. For those companies that decide to wait, completing the analysis to identify their beneficial owners under the CTA may facilitate filing in the event enforcement of the law is reinstated. 

For those reporting companies that choose to file voluntarily or need assistance in determining their beneficial owners, our Firm remains ready to assist them in navigating the process and ensuring compliance with the requirements.

The post Client Alert: Corporate Transparency Act Litigation Update appeared first on Weiss Serota Helfman Cole + Bierman.

NAPABA represents the interests of 50,000 attorneys and more than 80 national, state and local Asian Pacific American bar associations. Hsu, who was installed as Director on Nov. 9 at the organization’s annual convention in Seattle, has served numerous roles with NAPABA over the years.

“I am honored to be entrusted with this important role,” Hsu said. “I will draw on my extensive experience with NAPABA and other organizations to work with the Board of Directors and staff and enhance the valuable programming and support NAPABA provides to its members year-round.”

Based in WSHC+B’s Boca Raton office, Hsu’s law practice focuses primarily on litigation involving business transactions, shareholder disputes, labor and employment, non-competition agreements, real estate, construction, landlord-tenant issues, products liability, class action defense, and bankruptcy and creditors’ rights. Hsu represents startups, multinational businesses and publicly traded companies with respect to domestic and international legal issues.

Hsu’s strategic thinking and sophisticated research have fueled his success handling multimillion-dollar lawsuits, appeals and arbitrations on matters arising under the False Claims Act, Sherman Act, Lanham Act, Fair Labor Standards Act, American with Disabilities Act, Title VII of the Civil Rights Act of 1964, Florida Deceptive and Unfair Trade Practices Act, Fair Debt Collections Practices Act and Telephone Consumer Protection Act.

The post WSHC+B Partner Alen Hsu Installed as National Asian Pacific American Bar Association Director appeared first on Weiss Serota Helfman Cole + Bierman.

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.

The post Client Alert: Corporate Transparency Act Update appeared first on Weiss Serota Helfman Cole + Bierman.

The “Best Law Firms” list recognizes firms for their professional excellence and consistently compelling ratings from clients and peers. In order to rank in the list, a firm must have a lawyer listed in The Best Lawyers in America®, which acknowledges the top five percent of practicing U.S. attorneys. Earlier this year, the firm had 47 lawyers selected for inclusion in The Best Lawyers in America® and Best Lawyers: Ones to Watch (click here for the full list).

Firms are ranked by tiers on a national and metropolitan basis. The firm received the following rankings:

National Tier 1

Land Use & Zoning Law

National Tier 2

Appellate Practice

Litigation – Real Estate

Sports Law

Regional Rankings Tier 1

Fort Lauderdale/Boca Raton

• Commercial Litigation
• Eminent Domain and Condemnation Law
• Land Use & Zoning Law
• Litigation – Construction

Miami

• Administrative / Regulatory Law
• Appellate Practice
• Employment Law – Management
• Government Relations Practice
• Land Use & Zoning Law
• Real Estate Law
• Sports Law

Regional Rankings Tier 2

Fort Lauderdale/Boca Raton

• Construction Law
• Litigation – Labor & Employment

Miami

• Commercial Litigation
• Environmental Law
• Litigation – Real Estate

Regional Rankings Tier 3

Fort Lauderdale/Boca Raton

• Employment Law – Management

The post WSHC+B Ranked Among “Best Law Firms” By U.S. News – Best Lawyers® appeared first on Weiss Serota Helfman Cole + Bierman.

The Florida counties and tax collectors petitioned the Florida Supreme Court to modify a 2022 $5 billion bond validation judgment issued in favor of the Florida PACE Funding Agency. The petitioners argued the trial court exceeded its jurisdiction and that they were not given proper notice of the bond validation hearing, which they claim left the vast majority of Florida counties unaware of the proceedings. The petitioners relied on Florida Rule of Civil Procedure 1.540(b), arguing that it allows for relief from a final judgment in cases of voidness, mistake, newly discovered evidence, or fraud.

WSHC+B’s experience in public finance and bond validation positions the firm as a key player in navigating these challenges. Their involvement in earlier PACE bond validations has set important precedents, contributing to the legal framework that governs these programs today.

Learn more here: https://www.law360.com/articles/1885940/fla-counties-say-notice-was-insufficient-in-5b-bond-deal?utm_source=rss&utm_medium=rss

The post Florida Supreme Court Reviews $5 Billion PACE Bond Case Highlighting Notice Requirements appeared first on Weiss Serota Helfman Cole + Bierman.

In April 2024, the DOL enacted regulations increasing the salary threshold for determining whether an employee is exempt from overtime requirements. The regulation imposed a July 1, 2024, increase of the salary threshold from $35,558 per year to $43,888 per year and an additional increase to $58,656 that would have taken effect on January 1, 2025. The Court ruling invalidates both increases. As a result, employees who satisfy the duties tests for the various white collar exemptions now, again, must earn $35,558 per year to be exempt from overtime requirements. Employers may still want to consult counsel before reversing course on any changes already implemented in connection with the July 1 increase.

Pursuant to the Court’s ruling, the DOL exceeded its authority when it attempted to increase the salary threshold by so much that it essentially converted the FLSA’s duties test into a “salary only” test for determining the exemption. The Court also ruled that the DOL exceeded its authority in implementing an automatic “escalator” provision, which would have automatically increased the salary threshold every three years, and struck down this regulation as well.

Should you have any inquiries or seek clarification on this matter, please do not hesitate to contact us.

The post Client Alert: Federal Court Blocks Overtime Exemption Threshold appeared first on Weiss Serota Helfman Cole + Bierman.

As one of the area’s fastest-growing women’s professional organizations, WCC provides businesswomen of all races and nationalities a platform to build momentum, share their thoughts, and promote women’s professional growth through networking events, mentorship programs, and other resources.

Chanae represents developers and governmental entities in land use, zoning, and general government matters. She counsels municipal clients on compliance with public records, sunshine law and ethics, and matters dealing with comprehensive planning, general municipal, procurement, utilities, administrative, and constitutional law.

Learn more here: https://www.wccmiami.online/?utm_source=rss&utm_medium=rss

The post Chanae Wood named 2026 President-Elect for the Miami-Dade County Women’s Chamber of Commerce appeared first on Weiss Serota Helfman Cole + Bierman.

The post Jamie Cole Selected in Florida Trend’s 2024 Florida 500 List appeared first on Weiss Serota Helfman Cole + Bierman.

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.

The post The Deadline is Approaching for the Corporate Transparency Act Filing Deadline appeared first on Weiss Serota Helfman Cole + Bierman.