News

Browse this section to find news, articles, and educational events on legal topics both common and unique.

The sad truth
How business owners entering into divorce proceedings are financially impacted
Professionals: Jason R. Marks
Publication: Smart Business Miami
Date: January 31, 2008
Abstract: One of the sad facts of life for business owners — and corporate officers — is that divorces happen. Their existence, however, doesn’t make them any less palatable.

Hot topics and litigation trends in life insurance law
Professionals: Bruce A. Katzen
Location: Fort Lauderdale Grand Hotel & Yacht Club
Date: January 18, 2008
Abstract: Bruce Katzen will be a guest speaker discussing "Hot Topics and Litigation Trends in Life Insurance Law."

The perils within companies
How investors can be liable for their overreaching control of a company
Professionals: Jason S. Oletsky
Publication: Smart Business Miami
Date: January 4, 2008
Abstract: Question: What happens when a “stakeholder” — an interested board of directors, holding company, investor, private equity firm or hedge fund — oversteps its bounds and controls the day-to-day operation of a company?

Christmas Toys in the Sun Run Motorcycle Parade
Professionals: Michael B. Chesal, Jorge Espinosa, Michael E. Tschupp
Date: December 12, 2007
Abstract: Michael Chesal, Jorge Espinosa, Michael Tschupp & Rick Dodson participated in the Toys in the Sun Run motorcycle parade.

Members of Miami girl group say they own name Exposé when it comes to live shows
Professionals: Michael B. Chesal, by John Pacenti
Publication: Daily Business Review (Excerpted)
Date: December 5, 2007
Abstract: The Daily Business Review quoted Michael Chesal in an article about a Miami girl groups usage of the name Expose. The singers are being sued to stop using the name.

Alternative dispute resolution
The myth that arbitration is always better, faster, cheaper
Professionals: Andrew P. Gold
Publication: Smart Business Miami
Date: November 27, 2007
Abstract: Most business people have had the mantra beat into their heads — arbitration is better, faster and cheaper.

Jewish Federation of South Palm Beach County welcomes sponsors of “Israel @ 60” community-wide mission.
Professionals: Stuart R. Silver
Publication: Jewish Federation of South Palm Beach County - Chai Life
Date: November 27, 2007
Abstract: The Jewish Federation of South Palm Beach County is delighted to announce and publicly thank Goldstein Lewin & Co. Certified Public Accountants and Consultants, and the law firm, Kluger Peretz Kaplan & Berlin for their generous sponsorship of the Federation’s “Israel@60” mission.

The Florida Bar Awards Board Certification in “First-In-The Nation” Intellectual Property Law Specialty To Attorneys Steven I. Peretz And Michael B. Chesal Of Kluger Peretz Kaplan & Berlin.
Professionals: Michael B. Chesal, Steven I. Peretz
Date: November 27, 2007
Abstract: Kluger Peretz Kaplan & Berlin (KPKB) is pleased to announce that Steven I. Peretz and Michael B. Chesal, members of the firm practicing in intellectual property law, are two of 80 Florida lawyers whom The Florida Bar recently certified as specialists in the newly established intellectual property law specialty, the first of its kind in the U.S.

Confidentiality in settlements
Are they worthwhile or worthless?
Professionals: Stuart R. Silver
Date: November 6, 2007
Abstract: Corporations and public figures often settle lawsuits for the sake of confidentiality. In some of these instances, confidentiality provisions within the settlements are appropriate.

Art Basel Miami Beach 2007
Art Attack
Professionals: Alan J. Kluger
Publication: South Florida CEO
Date: November 1, 2007
Abstract: The December days that mark the arrival of contemporary art fair Art Basel Miami Beach are attorney and collector Alan J. Kluger’s favorite time of year.

AIRCRAFT REPAIR LAWSUIT
SOUTH FLORIDA JURY AWARDS FIVE AND A HALF MILLION DOLLAR VERDICT
Professionals: Andrew P. Gold, Tom J. Manos
Date: October 1, 2007
Abstract: A South Florida jury today awarded Avior Technologies, Inc. (“Avior”) and Avtech Executive Flight Center (“Avtech”), a fixed based operations facility and air charter company, $5, 414,619.00 against Cessna Aircraft Company following a five (5) day jury trial. The suit involved Cessna’s failed efforts to evaluate and repair a 1978 Cessna Citation 550 II Jet Aircraft, at the time worth approximately $2,000,000.00, and the primary income generating asset of Avior and Avtech.

Aish volunteer helps others connect to Jewish roots
Phyllis Steinberg of the Jewish Journal interviews Michael Chesal
Professionals: Michael B. Chesal
Publication: Jewish Journal
Date: September 28, 2007
Abstract: Michael Chesal is in touch with his Jewish roots. He spends his free time lecturing on Judaism, planning Jewish programs and inviting newcomers in the Jewish community to his home for Shabbat meals.

Young Einstein’s Job as Patent Clerk Fosters His Genius
Professionals: Steven I. Peretz
Publication: IPulse -- KPKB Intellectual Property newsletter
Date: September 11, 2007
Abstract: “Just think what a wonderful job this would be for me! I’ll be mad with joy if something should come of that.” So wrote a 23-year old Albert Einstein upon learning of an opportunity to work as a patent examiner at the Swiss Patent office. While Einstein’s tenure with the Swiss Patent Office as a “Third Class Patent Examiner” has often been portrayed as a lowly and even menial job, the new best-selling biography of Einstein by Walter Isaacson depicts the position as a prestigious civil servant post, typically subject to a rigorous selection process.

"Top-Listed" in Intellectual Property Law in Florida by Best Lawyers
Best Lawyers in America 2008 recognizes seven Kluger Peretz attorneys
Professionals: Howard J. Berlin, Michael B. Chesal, Jorge Espinosa, Alan J. Kluger, Terri Meyers, Jason S. Oletsky, Steven I. Peretz
Abstract: The Best Lawyers in America® released today the 2008 edition ranking Kluger, Peretz, Kaplan & Berlin #1 in Florida in Intellectual Property Law.

Terms and conditions
How they govern liabilities in the transport of goods
Professionals: Francesca Russo
Publication: Smart Business Miami
Date: September 5, 2007
Abstract: On the reverse of nearly every invoice, bill of lading or airway bill, you will find “terms and conditions of service” involving that shipment.

How to keep tabs on corporate intellectual property
Professionals: Michael B. Chesal
Publication: Smart Business Miami
Date: August 30, 2007
Abstract: Imitation, as the old saying goes, can be the sincerest form of flattery. But it also might mean liability for violating another’s intellectual property rights.

Distressed Asset Group Formed by Kluger Peretz Kaplan & Berlin Attorneys
Professionals: Eliot C Abbott, Michael D. Seese, Steve I. Silverman
Date: August 16, 2007
Abstract: MIAMI – August 2007 – In response to recent indicators regarding an increase in distressed real property in Florida, the law firm of Kluger Peretz Kaplan & Berlin is pleased to announce that the firm has formed The Distressed Asset Group to address legal issues affecting real property projects and their impact on business decisions.

FLSA Exemptions Further Defined
Professionals: Michael T. Landen
Date: July 25, 2007
Abstract: Providers of companionship services employed by health care agencies are exempt from minimum wage and overtime protections.

USPTO China IP Road Show
Professionals: Jorge Espinosa
Publication: china-road-show
Date: July 24, 2007
Abstract: Jorge Espinosa will be a guest speaker giving tips on recording a trademark or copyright with US customs.

Intellectual Property Certification Review Course
One Location July 19-20, 2007 - The Ritz Carlton Orlando, Grande Lakes
Professionals: Leora Herrmann
Date: July 19, 2007
Abstract: Leora Herrmann will be a guest speaker discussing The Right of Publicity and Common Law Unfair Competition.

Electronic Discovery: Document Retention & Destruction Seminar
Location: Radisson Hotel - Downtown Miami, Florida
Date: June 27, 2007
Abstract: Leslie Sharpe will be a guest speaker discussing Record Destruction and Litigation Issues.

Controlling Legal Costs
Steps you can take to keep the lid on legal costs
Professionals: Abbey L. Kaplan
Publication: Smart Business Miami
Date: June 7, 2007
Abstract: Legal services never get less expensive, but it’s not impossible to keep them within a budget. Smart Business spoke with Abbey Kaplan about ways to control legal costs.

Lack of Bidders Kills South Beach Hotel Auction Real Estate
Professionals: Michael D. Seese, By: John Pacenti
Publication: Daily Busines Review (Excerpted)
Date: May 24, 2007
Abstract: The Daily Business Review quoted Michael Seese in an article about AUG, a New York-based equity fund, winning the purchase of Hotel St. Augustine in Miami Beach at a bankruptcy aution.

Defense of Patent Infringement Made Easier
The Test for Invalidity Because of “Obviousness” Expanded
Professionals: William R. Trueba
Date: May 10, 2007
Abstract: On Monday, April 30, 2007, the U.S. Supreme Court handed down two opinions that are likely to affect the enforcement and defense of certain patents.

Software on a Master Disk or Electronically Transmitted from the U.S. is Not a “Component” under §271(f)
Professionals: William R. Trueba
Date: May 10, 2007
Abstract: On Monday, April 30, 2007, the U.S. Supreme Court handed down two opinions that are likely to affect the enforcement and defense of certain patents.

Intellectual Property Law Practice Names Co-Chair
Michael B. Chesal has been named Co-Chair of the firm’s IP practice
Professionals: Michael B. Chesal
Publication: Kluger Peretz Kaplan & Berlin
Date: February 1, 2007

South Florida litigator, Stuart R. Silver, named board member of Temple Beth Emet
Professionals: Stuart R. Silver
Publication: Kluger Peretz Kaplan & Berlin
Date: January 24, 2007
Abstract: Stuart Silver was recently named a Member of the Board at Temple Beth Emet in Cooper City, Florida.

Havana's La Bodeguita del Medio being recreated in the U.S.
A famous bar in old Havana is coming (sort of) to Miami
Professionals: Jorge Espinosa, By: Christina Hoag
Publication: The Miami Herald (Excerpted)
Date: January 21, 2007
Abstract: The Miami Herald quoted Jorge Espinosa in an article about Havana's La Bodeguita del Medio being recreated in the U.S., and a franchised supper club bearing the name.

Law suit claims jet was defective
Former owner who claimed plane was defective awarded $5.4 million
Professionals: Andrew P. Gold, By: Daniel Ostrovsky
Publication: Daily Business Review (Excerpted)
Date: October 30, 2006
Abstract: The Daily Business Review quoted Andrew Gold in an article regarding forclosure proceedings against Avior Technologies after former Jet's owner Michael Nearing was unable to make payments on his 1978 Cessna Citation 550 II jet aircraft.

Counterfeitlawblog.com launches!
A resource for the anti-counterfeiting bar and brand owners.
Professionals: Leora Herrmann
Publication: Leora Herrmann
Date: October 25, 2006

Intellectual Property Law Certification in Florida
Attorney Michael Chesal Appointed by the Florida Bar to serve on the Inaugural Committee
Professionals: Michael B. Chesal
Publication: Michael Chesal
Date: October 25, 2006

South Florida lawyers pitch in on $1.1 billion national deal
Professionals: Eliot C Abbott, Karyl Agudo Argamasilla, Dale S. Bergman, Jon Chassen, Forrest Norman
Publication: Daily Business Review
Date: October 25, 2006
Abstract: The real estate and business transaction involved 289 properties in 10 states and an 800-employee property management business based in Ohio. KPKB handled the Florida portion of the transaction involving 85 properties in 28 counties.

Business Law Section Helps Pass Trademark Legislation
Intellectual property attorney, Michael B. Chesal, spearheads new trademark legislation in Florida
Professionals: Michael B. Chesal, By Gary Blankenship, Senior Editor
Publication: The Florida Bar News
Date: August 1, 2006
Abstract: Individuals and companies in Florida will find it easier to protect their proprietary trademarks, thanks to a bill passed by the Florida Legislature with help from the Business Law Section.

Commercial Real Estate Heavy Hitter: Eliot Abbott
Business and Real Estate Transactions
Professionals: Eliot C Abbott
Publication: The South Florida Business Journal (Excerpt)
Date: August 2006
Abstract: South Florida lawyer, Abbott, worked with developer and property owner Peter Swartz to turn what was a couple million dollars' worth of Miami riverfront land on the former East Coast Fisheries site into a proposed development worth nearly triple the original asset.

Florida's new trademark statute
Michael Chesal Chosen for Outstanding Member of the Year Award by the Florida Bar Business Law Section
Professionals: Michael B. Chesal
Date: July 26, 2006
Abstract: The Outstanding Member of the Year Award is given annually to a member of the Florida Bar Business Law Section for exemplary work in the field of law and unsurpassed contribution of time and talent. Michael Chesal received this year's award for his work in spearheading passage of Florida’s new trademark statute.

South Florida Law Firm recognized in Florida Trend Magazine's Florida Legal Elite
Nine Kluger Peretz Kaplan & Berlin attorneys were named to Florida's Legal Elite in 2006
Professionals: Howard J. Berlin, Jorge Espinosa, Andrew P. Gold, Abbey L. Kaplan, Alan J. Kluger, Todd A. Levine, Brett Marks, Jason R. Marks, Jason S. Oletsky, Steven I. Peretz
Date: July 1, 2006
Abstract: Kluger, Peretz, Kaplan & Berlin P.L., a leading South Florida law firm, announced today that members Howard Berlin, Jorge Espinosa, Andrew Gold, Abbey Kaplan, Alan Kluger, Todd Levine, Jason Oletsky and Steven Peretz have been selected by their peers for inclusion in the 2006 Florida Legal Elite Honorees.

Intellectual Property Lawyer Update
A roundup of KPKB IP news and events
Date: June 20, 2006
Abstract: Revisions to the Florida Trademark Act. Michael E. Tschupp, registered patent attorney joins firm. Digital Millennium Copyright Act Update teleconference seminar. Counterfeit Crackdown.

Florida Super Lawyers 2006
Nine Kluger Peretz Kaplan & Berlin Attorneys are Honored
Professionals: Howard J. Berlin, Michael B. Chesal, Jorge Espinosa, Abbey L. Kaplan, Alan J. Kluger, Steven I. Peretz, Michael D. Seese, Stuart R. Silver
Date: June 2006

Intellectual Property Law Partners Recognized as Best Lawyers in America 2006
Steven Peretz, Michael Chesal, Jorge Espinosa
Professionals: Howard J. Berlin, Michael B. Chesal, Jorge Espinosa, Alan J. Kluger, Steven I. Peretz
Location: Miami FL
Date: June 2006
Abstract: Intellectual Property Partner/Members Steve Peretz, Mike Chesal, and Jorge Espinosa are recognized by their peers in the 2006 Edition of The Best Lawyers in America®.

Critical Issues in Construction Defect Litigation
Second Annual Judicial Symposium
Professionals: Andrew P. Gold
Date: March 2006
Abstract: Construction law attorney, Andrew Gold spoke at the Second Annual Judicial Symposium on Critical Issues in Construction Defect Litigation sponsored by the AEI-Brookings Joint Center for Regulatory Studies in Washington D.C.

Real Estate: Miami office tower with bay view again for sale
Professionals: Eliot C Abbott, By: Oscar Pedro Musibay
Publication: Daily Business Review (Excerpted)
Date: March 2, 2006
Abstract: The Daily Business Review quoted Eliot Abbott in an article about the effect of mitigation on the sale of New World Tower.

Local law firms 'get hooked' on charitable challenge
Professionals: Abbey L. Kaplan, By Robin Kaskel Polsky
Publication: Pinecrest Tribute
Date: February 20, 2006
Abstract: The Gibraltar Bank Keymorada Invitational Fly Spin Tournament raised $152,000 for the Crohn's and Colitis Foundation in 2005 as local law firms competed for the Law Firm Challenge Trophy. Last year's winner, Kluger, Peretz, Kaplan & Berlin, challenges local firms to take away the trophy at the 2006 competition.

South Florida Law Firm Employees Help Hurricane Katrina Victims
America's Second Harvest
Date: October 1, 2005
Abstract: America's Second Harvest has delivered 1,148 truckloads of food and grocery products to Huricane Katrina victims as of October 3, 2005.

Probate Litigation: On Appeal
Disbursement of Life Insurance Benefits Can't be Contested in Florida
Professionals: Bruce A. Katzen, by Carl Jones
Publication: The Daily Business Review (Excerpted)
Date: September 21, 2005

Merger & Acquisition Madness
A perfect storm of cheap capital and high valuations is driving South Florida's meger and acquisitions market with deal flows not seen in years.
Professionals: Jason S. Oletsky, by Jennifer LeClaire
Publication: South Florida CEO (Excerpted)
Date: August 2005

Alan Kluger: trial lawyer, art collector, champions the little guy
Professionals: Alan J. Kluger
Publication: Aventura Magazine
Date: May 1, 2005

Law Firm Challenge for Crohn’s & Colitis Foundation Fundraiser
Kluger Peretz Kaplan & Berlin wins 2005 challenge
Abstract: Inspired by those suffering from Chron’s disease, the South Florida law firm of Kluger, Peretz, Kaplan & Berlin P.L. was honored this month as winner of the national Law Firm Challenge. With more than 60 law firms across the nation participating, KPKB secured the largest charitable donation for the 10th Annual Keymorada Invitational Fly-Spin Tournament, which seeks to raise funds for the Crohn’s & Colitis Foundation. The firm’s contribution will help fund critical research and treatment against the chronic disease.

South Florida Attorneys Lend a Giving Hand
South Florida Legal Guide Salutes Abbey Kaplan
Professionals: Abbey L. Kaplan, Richard Westlund
Publication: 2006 Edition, The South Florida Legal Guide
Date: 2005
Abstract: SOUTH FLORIDA LEGAL GUIDE salutes the countless South Florida attorneys who are leaders in charitable, community and civic organizations – far too many for us to list in this publication.

Founder of Bankrupt Photographic Film Company Ordered to Repay $4.4 Million
Miami trial lawyer, Bruce Katzen, prevails in 4 day bench trial
Professionals: Bruce A. Katzen
Publication: Daily Business Review
Date: December 29, 2003
Abstract: In the case of Barry R. Shear, as liquidating trustee for PSI Industries Inc., v. Carol Seminara,et.al., defendants, after 4 day bench trial, were found guilty of looting assets from PSI as a result of multiple frauds.

Construction disputes: Miami litigator, Andrew Gold, speaks out
Professionals: Andrew P. Gold

Counterfeit Smokes: Cigar Giant Fights Back
Professionals: Jorge Espinosa, Leora Herrmann, Steven I. Peretz
Publication: Daily Business Review
Date: August 15, 2003

Avoiding Trademark Licensing Pitfalls
Professionals: Leora Herrmann
Publication: IPulse - the KPKB Intellectual Property Law Newsletter
Abstract: Successful trademark licensing enables both licensor and licensee to grow their businesses by taking advantage of the synergy between their companies. The trademark owner benefits by expanding the reach of its brand, increasing brand recognition and generating a royalty stream. The licensee benefits from the brand’s selling power, resulting in increased sales.

Corporate Governance
The Imputation Rule and Its Exceptions: Dead or Alive?
Professionals: Bruce A. Katzen, Todd A. Levine
Abstract: The failures of corporations such as MCI Worldcom and Enron have made headlines in recent years. In cases such as these, where there has been evidence of the company’s officers’ or directors’ misconduct, questions have arisen as to whether professionals engaged by the company to verify the accuracy of its books and records may still be held accountable for their negligence. Traditionally, an officer’s or director’s wrongdoing has been imputed to the company itself to prevent the company from suing third parties for misconduct initially caused by the company’s officers or directors. The case law that has developed over recent years, however, appeared to indicate that this traditional “imputation rule” might not be applied against a trustee or receiver for the company, or when the company has been “looted,” or when the interests of the officers or directors who acted fraudulently are adverse to the interests of the company itself. Just when clear exceptions to the rule seemed to becoming well-defined, however, a bankruptcy court in Florida seems to have swept at least one of the exceptions under the rug. This article briefly summarizes the evolution of the exceptions to the imputation rule in Florida and other jurisdictions, as well as the possible retreat from at least one of those exceptions.

DuPont Teflon Class Action Affecting Millions of Americans
Abstract: DuPont Sued in Class Action on Teflon; Damages Sought for Failure to Warn of Potential Health Risks. Class action being filed in federal courts in states representing more than one-third of the nation's population. Suits allege that the chemical and manufacturing giant knew for more than 20 years that Teflon and its component chemicals had the potential to make people sick - and hid that fact from consumers. Read More . . . PDF VERSION. This class action includes only cookware and bakeware products manufactured using Teflon brand non-stick coatings.

Unhappy Split: Developer Bermello Sues Partner in Brickell-Area Project Over Relationship with Contractor, Fate of Residences
Professionals: Alan J. Kluger, Michael T. Landen
Publication: The Daily Business Review

W Forum fall event at Mayda Cisneros Couture
Date: November 7, 2007
Abstract: The W Forum's fall event on November 7th will be hosted by Mayda Cisneros Couture, Miami chicest boutique in Coral Gables.

Trademark Prosecution for Practioners
International Trademark Association Roundtable Series
Professionals: Michael B. Chesal, Jorge Espinosa, Leora Herrmann, Steven I. Peretz
Date: October 11, 2007
Abstract: October International Trademark Association ("INTA") Roundtable on Trademark Prosecution for Practioners

Miami IP attorney honored for kindness and community service
Professionals: Michael B. Chesal, Yeshiva Toral Chaim/Toras Emes Academy of Miami
Date: April 14, 2003
Abstract: Miami IP attorney, Michael Chesal was recognized as a chesed awardee, along with his wife Jana, for his kindness and outstanding community service at the Yeshiva Toras Chaim/Toras Emes Academy of Miami during the 18th Annual Scholarship Dinner.

Boca Raton Bankrupty attorneys bolster Palm Beach County law offices of Kluger Peretz Kaplan & Berlin
Addition of Boca Raton-based Bradley S. Shraiberg and Leslie S. Osborne increases firm’s South Florida presence
Professionals: Bradley Shraiberg
Date: June 20, 2005
Abstract: The South Florida law firm of Kluger, Peretz, Kaplan & Berlin P.L. (KPKB) continues it strategic growth plan with the addition of Bradley S. Shraiberg and Leslie S. Osborne to head its Palm Beach County Bankruptcy & Creditors’ Rights Practice in Boca Raton.