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Renown Law 360.com featured Ayala’s Lawsuit against BPR Inc. (aka Bombardier), the manufacturer of the popular Sea-Doo Jet-Skis.

As stated in the article: “[t]he suit, filed by Elisa Blanco in Broward County on Monday, suggests a new manufacturing process Bombardier started using in 2017 to make Sea-Doos’ hulls is flawed and leads to stress cracks even without the craft being ridden. She also claims defects have led to failures in the “carbon seal” that encircles the driveshaft and is meant to provide a waterproof seal.”

The article also states that the Plaintiff “is seeking to represent a class of all persons who purchased a Sea-Doo in Florida since 2017, as well as a subclass of anyone who purchased one of the watercraft from Broward Motorsports during that period. She estimates the class could number in the hundreds or thousands.

You can read the full article here: Article

For more information about our class action practice, or if you or a friend own a Sea-Doo, email attorney Eduardo A. Maura at eduardo@ayalalawpa.com or call 305-570-2208.

The post Law360.com Featured Ayala’s Lawsuit Against Bombardier, The Manufacturer of the Popular Sea-Doo Jet-Skis first appeared on Ayala Law PA.

As stated in the article: “A Florida company has accused New Jersey-based Apex Distribution LLC, attorneys in Texas and Michigan, and others of conspiring to defraud it of $2 million through a bogus joint venture agreement to procure personal protective equipment for Apex’s government clients during the COVID-19 pandemic.”

The Law360 article also mentioned that “[t]he 45-page complaint brings a long list of claims, including for breach of contract, breach of fiduciary duty, violation of civil racketeer influenced and corrupt organizations statute, conversion, unjust enrichment, fraud and fraudulent inducement.”

You can read the full article here: Article

For more information about our litigation practice, or if you have a fraud case, email attorney Eduardo A. Maura at eduardo@ayalalawpa.com or call 305-570-2208.

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Law 360.com featured Ayala’s Lawsuit Against DHS, ICE and Akima Global Services in which Ayala’s client alleges violations of the ADA and other causes of action. The case was filed in the U.S. Southern District of Florida on October 29, 2020.

As stated by law360, “[a] Peruvian man who has epilepsy [] sued the . . . [the defendants] . . . alleging their employees violated federal law by denying him medication, a disability badge and medical care while he was detained at Florida immigration facilities,” despite knowledge of his epileptic condition and proper disability designation by Krome Detention Center doctors.

You can read the law360 article here: Article

You can also find the article here: Article

For information about civil litigation practice, of if you have questions about a case you can call us at 305-570-2208 or email us at eduardo@ayalalawpa.com.

The post Law360.com features Ayala’s Lawsuit Against DHS, ICE and Akima Global Services Alleging Violations of the ADA first appeared on Ayala Law PA.

The renown legal news company The National Law Review published an article by Attorney Eduardo A. Maura where he describes his recent experience while entering the U.S. from Mexico, and the scrutiny he was subject to by border agents. In the article, Maura describes the directives used by customs agents when searching individuals at the borders, and how vulnerable is the attorney-client privilege information in Attorney’s electronic devices.

You can read the full article here: Article

For more information about privacy, immigration or litigation matters call 1-305-570-2208 or email us at eayala@ayalalawpa.com

The post The National Law Review Publishes Ayala’s Attorney Article on Privacy Rights at the Border first appeared on Ayala Law PA.

The lawsuit seeks to certify a class of plaintiffs whose flights were unilaterally cancelled by LATAM.

In the Class Action Complaint, Plaintiffs allege that LATAM’s practice of cancelling consumer’s flights, when they cannot make one leg of their trip (the so called “no-show” policy), is unlawful and unjustly enriches LATAM at the expense of consumers who end up stranded, scrambling to find last minute, expensive replacement flights.

The Plaintiff, a produce company “is [also] suing under the Montreal Convention, an international treaty governing air transportation to which the U.S. and Chile are signatories.”

You can read the law360 article here: Article

For information about class actions, of if you have questions about consumer’s rights, call us at 305-570-2208 or email us at eayala@ayalalawpa.com

The post Law360.com Features Ayala’s Class Action Lawsuit Against LATAM Airlines first appeared on Ayala Law PA.

The Daily Business Review published Berta Gonzalez’s article regarding service of process on a foreign company through its US branch. Gonzalez is a law clerk at the Ayala.

The article addresses whether or not one can serve a foreign company through a US subsidiary, or does the costly and time-consuming process set by the International Convention on the Service Abroad of Judicial and Extra Judicial documents, most commonly known as the Hague Convention, must be used.

In the article Gonzalez writes that “one can serve a subpoena on a foreign company through its U.S. affiliate without serving through the Hague Convention. . . For instance, . . . Yamaha Motor v. Superior Court, California’s Fourth District Court of Appeal ruled that serving a foreign corporation through a domestic subsidiary was sufficient when the domestic subsidiary had “ample regular contact” with the foreign entity, such that the domestic subsidiary “would apprise the manufacturer of service.”

Factors that are considered to determine whether service is valid “include the frequency and quality of contact between the parent and

subsidiary company, and the benefits that the parent company derives from the subsidiary.”

However, “service on a foreign company through its U.S. subsidiary depends on the state where the U.S. affiliate is located and the subsidiary’s relationship with the foreign entity. States such as California, Illinois and New York have largely favorable caselaw that permits service on the U.S. affiliate without needing to go through the Hague Convention.”

You can read the article here: Article.

Gonzalez is in her last semester of law school at the University of Miami and is currently focused on the firm’s commercial litigation practice.

For more information about our commercial litigation practice or international disputes, email attorney Maura at eayala@ayalalawpa.com or call for a consultation at 305-570-2208.

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The legal news site lexlatin.com published article in Spanish of attorney Eduardo A. Maura regarding the advantages and disadvantages for South American businesses of establishing a subsidiary in the United States.

In the article, Maura highlights benefits such as access to the US courts, forum selection clauses, potential access to business visas, and strategic positioning in a reputable market such as the U.S.

Disadvantages include operational costs and tax liabilities.

The full opinion article can be accessed here: https://www.lexlatin.com/portal/opinion/ventajas-desventajas-sede-legal-visa-estados-unidos

For more information about our business services contact our office at 305-570-2208 or email attorney Maura at eayala@ayalalawpa.com.

The post Spanish Legal News Lexlatin.com Publishes Article of Ayala’s Attorney Regarding Benefits of Having a Subsidiary in the US. first appeared on Ayala Law PA.

In this part III of the “how can I protect my small business from lawsuits” articles, I focus on layering. What do I mean by layering?

You can have, for example, a Limited Liability Company (LLC) and you, the human, be the owner of 100% of it. That type of ownership structure will give you the least protection possible. The law treats this type of entities almost as a sole proprietorship rather than a “partnership”—one of the very purposes of an LLC. This structure makes it easier to reach the owner if something happens, as the entity and you are virtually the same.

To avoid this, it is important that you have several layers of ownership protection. The first one is to always have a partner. Even if that partner owns 1% of the LLC or entity. Having a 1% co-owner will create a legal partnership that will give the LLC device more strength, and consequently it will better shield its owners’ assets.

Now, the owners/partners don’t have to be humans necessarily, they can be another LLC. For example, you could have LLC-1 that is owned 99% by LLC-2 and 1% by LLC-3. LLC-2 at the same time, can have its own owners, LLC-4 at 99% and LLC-5 at 1%. LLC-4 could be owned by an irrevocable trust in a foreign country for the benefit of Human-Owner’s children.

As seen, this sophisticated system of layers adds additional protections to the company and shields its assets from exposure. Should, god forbid, LLC-1 get in trouble, it will be very hard to reach the personal assets of Human-Owner because they are so far removed, deep into the layers of protection.

Of course, like everything, there are pros and cons. Creating and maintaining layering systems is not cheap. The more layers and entities involved, the more legal and accounting fees involved—if they are to be properly maintained. A business owner must make a cost benefit analysis and determine if the amount of assets and the type of business activity involved (and how risky it is) merits investing in a sophisticated system of layers.

For more information about how to protect your business from lawsuits email me at eayala@ayalalawpa.com, or call 305-570-2208.

The post How can I Protect My Small Business From Lawsuits? —Layering (Part III). first appeared on Ayala Law PA.

Ayala obtained a final Judgment for $63,350 dollars in Attorneys’ fees for its client, after having prevailed in a jury trial earlier this year.

The underlying lawsuit alleged that Ayala’s client, the buyer of the Property, interfered in the relationship between the Plaintiff/Realtor and the Seller, not present in the case. After prior attempts to get the case dismissed for failure to join the party who actually had to pay the real estate commission, the Seller, the case went to a two day jury trial where the jury entered a verdict for Ayala’s client.

After months litigating the fee issue, the Court finally entered an order awarding 92% of the total fees requested in the Motion for Attorneys’ fees.

For more information about our trial practice call 305-570-2208. We handle small business and consumer disputes throughout the country.

The post Ayala Obtains a $63,350 Judgment in Attorney’s Fees Dispute for Its Client After Prevailing in a Jury Trial first appeared on Ayala Law PA.