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News & Announcements

Small Businesses Websites: Do You Need a Cookie Policy for Your Website? What You Need to Know

By | Internet Law, News & Announcements | No Comments

You are small business, and as a small business owner, you rely in a multiplicity of websites for services that complement what you offer in your restaurant, dental practice, medical center, or real estate operation. When you go into websites, you notice that the businesses you rely on often ask you to allow or consent to “cookies.” You wonder yourself: do I need that in…

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Five Things to Watch in Immigration Law Under the Upcoming Biden Administration

By | Immigration Law, News & Announcements | No Comments

  A new presidency brings changes all over. We expect immigration to be no exception. In fact, given the contrast between Mr. Biden’s and Mr. Trump’s views on immigration, we expect, regardless of the passage of any immigration bill in congress, several important changes: In Asylum: We expect an increase in the asylum permissible applications or “quotas.” Down to record lows of around 15,000, the…

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Understanding Service of Process Under the Hague Convention: Three Things You Need to Know

By | Civil Procedure, Hague Convention, Litigation, News & Announcements | No Comments

Service of process is the way a defendant is notified of a legal claim against him and enables the court to exercise jurisdiction over him. The procedures for executing service differ depending on where the defendant is located. In particular, if the defendant is located in a foreign country, service must be made by letters rogatory or in accordance with an international treaty. The 1965…

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Law360.com features Ayala’s Lawsuit Against DHS, ICE and Akima Global Services Alleging Violations of the ADA

By | Civil Actions, In the News, News & Announcements | No Comments

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…

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Ayala Files Lawsuit Against ICE, DHS, and Akima Global Services, Alleging Violations of the American With Disabilities Act at Krome Detention Center in Miami

By | ADA, Blog, Civil Actions, Civil Rights, News & Announcements | No Comments

On October 29, 2020, Ayala Law filed a Complaint in federal court on behalf of its client, Mr. Alejandro Mugaburu. The Complaint is filed against Akima Global Services, LLC, the Department of Homeland Security, and the U.S. Immigration and Customs Enforcement. Mr. Mugaburu’s story has been previously published and documented by news agencies, such as the Miami Herald. The lawsuit is based on the discriminatory…

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Department of Justice Gets Involved in Towing Litigation and Obtains a $20,000 Consent Judgment for Service Member

By | Illegal Towing, News & Announcements, Towing | No Comments

The Department of Justice sued towing Target Towing and Recovery (Target) in the US Court for the Middle District of Florida, Tampa Division, for the tow and illegal sale of a service member’s vehicle. The complaint alleges that Target violated the Service Members Civil Relief Act (SCRA) when Target sold the service member’s vehicle without providing her with adequate notice. A google search, the complaint…

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What is The 80/20 Rule for Tipped Employees and Important Upcoming Changes to The Rule

By | Class Action, Employee, Labor Law, News & Announcements, Wages | No Comments

The Fair Labor Standards Act (FLSA), a federal law that regulates employees’ wages, requires generally that employers pay employees at least the Federal minimum wage per hour. Section 3(m) of the FLSA allows an employer that meets certain requirements to count a limited amount of the tips its “tipped employees” receive as a credit toward the employer’s Federal minimum wage obligation. This is why restaurants…

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Law360 Publishes Ayala’s Attorney Article on Clickwrap-Internet Agreement Litigation

By | Blog, Breach of Contract, Consumer, Internet Agreements, News & Announcements | No Comments

Renown Legal news site law360.com published an article by attorney Eduardo A. Maura where he discusses the current state of litigation involving clickwrap hybrid agreements. Hybrid clickwrap agreements are internet contracts where consumers are asked to assent by click to an agreement that is available via a hyperlink, which in turn contains itself a hyperlink with an additional agreement. In the article, A. Maura discusses…

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Ayala Files Breach of Contract Action Against Brickell City Center’s Luna Park and its Celebrity Owner Roberto Costa

By | Breach of Contract, Civil Actions, Civil Procedure, Contract, News & Announcements | No Comments

Ayala filed a breach of contract action against Luna Park, a high end italian food restaurant in Miami’s Brickell City Center. In the lawsuit, Ayala’s client alleges that BCC Food Hall LLC, the company owner of the restaurant, unilaterally cancelled its payment obligations under the contract. The lawsuits further alleges, that in a parallel and similar contract, Mr. Costa also, unilaterally, abandoned its payment obligations…

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Watch What You Click For—What You Need to Know About Internet Agreements

By | Contract, News & Announcements | No Comments

We live in the world of agreements by “click” rather than signature. The digital era has converted the world of contract into clicks, bytes and electric pulses. In this new contract world, there are two common internet type of agreements: “browse wrap” and “clickwrap” agreements. Browse wrap are agreements in which the user agrees to the terms simply by using the website or product. You…

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