Florida, Issue 2
Quarterly

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LAWSOME NEWS

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Trick-or-treat! We’re going to kick off this month’s newsletter with a joke: Did you hear the one about the funny lawyer? That’s it. That’s the joke. While you regain your composure, let’s get philosophical - are lawyers allowed to be funny?

We took a survey of former newsletter recipients and the results are incontrovertible: No, they are not. “If you have a sense of humor, how can you be expected to win a case” one imaginary survey respondent commented. [A: A sense of humor is a clear indicator of creativity which (spoiler alert) wins cases.] “What’s next,” asked another, “cartoons on the website?” [A: Yes.]. “But I want my lawyer to be an obnoxious jerk, because that will make my case better.” [A: You watch too many bad lawyer shows!] So before we dig into the meat Impossible Burger of our newsletter, pat yourself on the back, dear reader. Your willingness to embrace A Different Kind of Law Firm makes you (yes, you) one of our faves.

 

     
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Double Digits...

Lawsome Talent

Speaking of willingness to embrace, HOLY COW WE HIRED TWO MORE LAWSOME LAWYERS! For those keeping track - we’re now ten! (An achievement that previously only mattered to parents of nine year olds, and to a lesser extent, nine year olds.) And like Original Recipe KFC (I know you know what I’m talking about) we are sticking to what makes us pretty darned special - the not-so-secret sauce of (i) highly experienced business litigators; (ii) who are not obnoxious jerks; and (iii) who enjoy winning as much as Ivan Drago minus the PEDs. Maia joins us in our quest for world domination with tons of experience in cases involving allegations of financial fraud. Fluent in Spanish and deeply engaged in the community, we are giddy to have her on board. Marty is truly a franchise player (more on that later), coming to us with two amazing qualities: his writing has been described as “touched by an angel” (the client was three whiskies deep, but high praise nonetheless) and intense, depressing fealty to Chicago sports teams. Three sentences doesn’t do these two legends justice, so check out their bios for more details...

And, in case you are wondering, yes we are always looking for like-minded (and maybe unlike-minded) individuals to join our team.

Marty
Maia
OUR WINNING TEAM
 

 

Contents

 

  • Welcome: Trick-or-Treat!
  • Lawsome Talent: Double Digits
  • In The Business News: MM&H A Different Kinda Law Firm
  • ‘Gator Advice: Construction Litigation
  • Related Stories: Features in the press

 

 

 

  • 'Gator Speak (Litigator to Litigator): New Franchise Law Makes Future Uncertain
  • Awards: Third Party Recognition
  • Legal Community: 28 Legal Minds
  • Subscription and Social Media

 

 
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Daily Business Review: “Mark Migdal Bills Itself as a Different Kind of Litigation Boutique”

MM&H was honored to be profiled by the local Law.com publication the Daily Business Review last month.

"The nine-attorney Miami law firm offers an 'appreciation of our client’s real business issues, fee arrangements, substantive work, culture, technology and branding' and promises to give its professionals greater control over their careers.”

For the complete profile, click here

 

Construction Litigation
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Developers Keep Your Wits About You


Making sure you are better protected than your contractors...
By George Breur

If you’re a developer looking to build a new commercial property, chances are you’ll be presented with an industry standard AIA contract. These contracts can be quite scary and difficult to understand. If your general contractor massacres your project, you may have already given up scads of rights in the typical AIA contract without even knowing it. A common horror story centers around the “waiver of consequential damages” provision – a GC’s best friend, but a developer’s worst nightmare. Imagine your GC promised to complete your building by a certain date. In reliance on that promise, you’ve entered lease agreements with prospective tenants, agreeing to provide them office or retail space. If your GC fails to complete the project timely, guess what? You will be sued by the tenants for failure to deliver the premises on time. Not only that, you will lose that rental income each and every month the project is delayed. You should be able to recover those monies (among other damages) from the GC, right? Not so fast. If your contract contained a “waiver of consequential damages,” you may not be able to recover these types of losses. Construction contracts contain all sorts of traps that developers should be wary of. Connect with us…we’ll walk you safely through the minefield.

MM&H IN THE NEWS

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CONSTRUCTION DEFECT CASES ON THE RISE: WHO’S TO BLAME AND WHAT’S NEXT?

By Josh Migdal, Daily Business Review | Read

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INSIDE THE SAGA THAT LED REGALIA’S DEVELOPERS TO LOSE OWNERSHIP OF THEIR MOST PRIZED UNITS

By Katherine Kallergis, The Real Deal  |  Read

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Litigator to Litigator: Franchising World Faces Uncertain Future as New Law Takes Effect
By Martin Keane

One of the unique aspects of the franchise business model has long been that many franchisees are considered independent contractors. However, a new law set to take effect in California looks to fundamentally change that. California Assembly Bill 5 (AB-5) was signed into law last month and is set to become effective on January 1, 2020. Specifically, AB-5 now sets the standard for determining whether a worker is an employee or an independent contractor in California. The bill adopts the “ABC Test,” articulated by the California Supreme Court in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County in April of 2018. Under AB-5, the burden is now on employers to show each of the following in order to successfully claim a worker is an independent contractor and not an employee:

(A) the worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of such work
(B) the worker performs work that is outside the usual course of the hiring entity's business
(C) the worker is customarily engaged in an independently established trade,
occupation, or business of the same nature as the work performed for the hiring entity

[...]   Read full article

     
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MM&H Continues to be Recognized by a Smattering of Third-Party Award-Giver-Outers


While only in existence for little more than two years, MM&H was advised that for the third year we have been ranked by US News and World Reports Best Law Firms. This year, we are listed as a Tier 1 firm in International Arbitration (Miami), Tier 2 in Commercial Litigation (Miami), and recognized nationally as a Tier 3 in International Arbitration. And if you think that’s really cool, Don Hayden and Isaac Marcushamer were honored with shiny Best Lawyers badges, and Don and Etan Mark were garnished with top lawyer trophies by South Florida Legal Guide.

 

OUR RECENT SUCCESSES
     
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Final Call for Our Legal Minds Campaign!
No more turning a blind eye to the legal profession’s mental health crisis.

Hashtag-28Legalminds-2019

You may have read about our #28LegalMinds Campaign to raise awareness and funds for the mental health crisis in the legal industry. In a recent survey 28% of attorneys reported suffering from depression. Compared to the general public’s 7% this disproportionate representation has the power to debilitate the legal community if not addressed. For more details on mental health in our community, including how to support this cause and educate others, please click here. To get your black and white button and show your support, please donate prior to December 31, 2019.

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GET YOUR BUTTON

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Jorge Guttman (right), one of our favorite legal minds, with Etan (left) and Rhona He (center) caught wearing their buttons on the steps of the Miami Dade Courthouse.

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Rebecca Bogert one of our legal assistants and the bright young legal mind responsible for instigating our campaign.

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Our summer interns... possibly the youngest legal minds sporting the stylish black and white buttons.

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If you have made it this far down our newsletter it must be nearly Thanksgiving!
We are glad you made it and wish you a very HAPPY THANKSGIVING!

 

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© 2019 Mark Migdal & Hayden