andrewjbernhard

[andrewjbernhard]

Received property from someone facing a lawsuit or judgment? You could be at risk. Learn how Florida law lets creditors pursue assets transferred to third parties — even innocent ones. ⚖️ #JudgmentExecution #AssetProtection #FloridaLaw

[andrewjbernhard]

Understanding Breaches of Fiduciary Duty by Corporate Boards Under Florida Law

Corporate directors and officers in Florida hold positions of significant trust. Their decisions impact shareholders, employees, and the broader marketplace. To maintain ethical and legal standards, Florida law imposes strict fiduciary duties on corporate board members. When these duties are breached, serious legal consequences can follow. This article provides a primer on corporate fiduciary…

[andrewjbernhard]

Bernhard Law Firm Represents at Law Day Oral Argument Before the Sixth District Court of Appeal

At Bernhard Law Firm, we are proud to share an exciting milestone in our ongoing commitment to providing exceptional legal services. Recently, our team had the distinct honor of appearing and arguing at the Law Day Oral Argument for the Sixth District Court of Appeal. This event was hosted at the historic Frank Lloyd Wright building at Florida Southern College, an iconic and inspiring venue that…

[andrewjbernhard]

Understanding Florida's Legal Requirements for Appellate Motions: Rehearing, Certification of Conflict, and Written Opinion

Navigating Florida’s appellate process? Learn the rules for filing motions for rehearing, conflict certification, and written opinions. Stay informed on how to challenge or clarify court decisions! #FloridaLaw #AppellateLaw #LegalTips #BernhardLawFirm

When appealing a decision in Florida, the appellate process offers several options for parties to challenge or seek clarification on rulings. Three common motions filed in appellate cases are the motion for rehearing, motion for certification of conflict, and motion for written opinion. While each serves a different purpose, they are governed by specific rules and limitations. Understanding these…

[andrewjbernhard]

Fraud by Corporate Officers and Directors in Florida: Legal Implications and Protections

Corporate fraud by officers and directors can have serious legal and financial consequences. In Florida, corporate leaders must uphold fiduciary duties to avoid misrepresentation, embezzlement, and insider trading. Learn about it here.

Corporate fraud, particularly when committed by officers and directors of a company, can have devastating consequences. It not only harms shareholders and employees but can also damage the company’s reputation and lead to significant legal and financial liabilities. In Florida, as in many states, the legal framework for holding corporate officers and directors accountable for fraudulent actions…

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Great 2024 of Community Service: Bernhard Law Firm Volunteering with Uplift Literacy

As 2024 comes to a close, we are thankful for the great work of Uplift Literacy, a nonprofit dedicated to helping children in underserved communities develop essential literacy skills. What a great program!

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Bringing Holiday Cheer: Bernhard Law Firm's Toy Drive Success

This holiday season, Bernhard Law Firm came together to support a local toy drive, delivering a trunk full of hundreds of toys to children in need. Thanks so much to the Miami community and Jackson Memorial for making this happen.

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Litigating Disputes Between Corporate Management in Florida: Legal Insights and Case Law

Facing a corporate management dispute in Florida? Learn how to navigate legal challenges, from fiduciary duties to shareholder rights, with our latest article.

Disputes among corporate management can create significant challenges for any business. In Florida, as in other jurisdictions, these conflicts—whether between board members, executives, or shareholders—can lead to costly litigation, regulatory scrutiny, and reputational damage. When corporate governance issues, breach of fiduciary duty, or executive disputes escalate, litigation may be the only…

[andrewjbernhard]

Challenging Attorney’s Fees in Florida Federal Courts

Are you facing challenges with prevailing party attorney’s fees in Florida federal court? Our latest post breaks down everything you need to know! From improper block billing and duplicative charges to relief from excessive fee awards. #bernhardlawfirm

Introduction In Florida’s federal courts, the issue of attorneys’ fees can become a contentious point of litigation, particularly when it comes to claims for prevailing party attorneys’ fees. Understanding how to challenge these claims is crucial for attorneys and parties involved in litigation. This article will explore the legal framework surrounding attorneys’ fees in federal court, the…

[andrewjbernhard]

Defenses to a Florida Copyright Infringement Lawsuit: Understanding Your Options

Facing a copyright infringement claim? Our latest blog post breaks down essential defenses you can use, including fair use, public domain, and the importance of intent. Plus, learn about personal liability for business owners and officers.

Copyright infringement lawsuits can be daunting, particularly for individuals and businesses that rely on creative works for their livelihood. However, there are several defenses that defendants can assert in response to a Florida copyright infringement claim. Understanding these defenses is crucial for anyone involved in the creative industries, as they can significantly impact the outcome of a…

[andrewjbernhard]

Condo Association Board Guide to Defending Special Assessments: From 40-Year Recertifications to Reserve Shortfalls

In our latest blog post, we dive deep into: 🔹 Why Special Assessments May Be Necessary. 🔹 Defending the Decision - Tips. 🔹 Navigating 40-Year Recertifications. 🔹 The Business Judgment Rule.

Introduction Condominium living in Florida offers a blend of convenience and community but comes with its own set of complexities, especially when it comes to managing finances. One of the most contentious issues that condo associations can face is the imposition of special assessments. These additional fees are levied on unit owners to cover unexpected expenses or major repairs not included in…

[andrewjbernhard]

Challenging Condo Special Assessments Under Florida Law: Essential Guide for Homeowners

Are you a condominium owner in Florida facing an unexpected special assessment and unsure of your rights? Our latest guide is here to help. This article explores grounds for challenging assessments if you believe an assessment is unfair.

In Florida, condominium governance involves a nuanced interplay of laws designed to protect both individual unit owners and the collective community interests. A common source of contention is special assessments—extra fees levied by a condominium association to cover unforeseen expenses or improvements not included in the annual budget. If you face a special assessment you deem unfair,…

[andrewjbernhard]

Navigating Declaratory Judgments for Condo Associations and HOAs: Milestone Reports and 40-Year Certifications in Florida

Attention Condo Associations Florida! New regulations, managing milestone reports, and 40-year certifications is daunting. This post dives deep into how declaratory judgments can be a crucial tool in ensuring compliance and resolving disputes. #Milestone

For Condominium Associations and Homeowners’ Associations (HOAs) in Florida, maintaining compliance with state regulations and ensuring proper management of community properties can be complex. Among the critical responsibilities are performing milestone reports and 40-year certifications, which are essential for the safety and upkeep of aging buildings. In cases where there is uncertainty about…

[andrewjbernhard]

Enforcing Forum Selection Clauses in Florida: Insights from Bernhard Law Firm

🔍 Confused About Forum Selection Clauses in Florida? 🤔 Did you know that even if you didn't sign a forum selection clause, you could still be bound by it? Our latest blog breaks it all down.

If you didn’t sign a forum selection clause, you might still face challenges in court. Forum selection clauses can require non-signatories to litigate in specific courts if their claims are closely related to those of signatories. This guide from Bernhard Law Firm provides insights into how these clauses are enforced in Florida. Enforcing Forum Selection Clauses Against Non-Signatories in…

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Andrew Bernhard Selected as Top 20 Miami Real Estate Lawyers by Super Lawyers Magazine

Bernhard Law Firm is honored to be one of only 20 attorneys in Miami selected by Super Lawyers Magazine in the area of real estate law.

Bernhard Law Firm is honored to be one of only 20 attorneys in Miami selected by Super Lawyers Magazine in the area of real estate law. See the full honoree list here: [CLICK LINK]. As stated by the magazine, this prestigious honor comes from an independent selection process: “Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are…

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Preservation of Familial Rights: Bernhard Law Firm Success Story in St. Augustine

Please share your real estate experiences and let us know if you have had a similar real estate dispute with family and heirs.

Bernhard Law Firm shares the good news that it obtained dismissal of a Fifth District Court of Appeals challenge in a long inheritance battle over real estate in the historic neighborhood in St. Augustine. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result). We are happy for happy clients. Please share your real estate experiences and let us know if you…

[andrewjbernhard]

The Common Interest Privilege Against Disclosure – A Quick Legal Note

This note discusses the common interests privilege - a unique legal derivative of the attorney-client and work-product privilege from disclosure of information and documents under subpoena or discovery.

This note discusses the common interests privilege – a unique legal derivative of the attorney-client and work-product privilege from disclosure of information and documents under subpoena or discovery. The common interests privilege, also known as the joint defense privilege or pooled information privilege, is an exception to waiver of confidentiality after disclosure to technical third parties.…