Miami Lawyer Blog

Hermès Wins $100 Million Judgment in Counterfeit Case; 34 Knock Off Websites Are Forced To Shutter

Ever notice those janky looking ads for websites promising you Birkins at bargain prices and wonder how they can legally exist? Well they can't. And 34 of them-including HermesBagsOutlet.org, HermesBirkin-Bags.org and HermesOutletStore.com-were just shut down following a ruling handed down in Manhattan's federal court.

According to the New York Post, Judge Denise Cote awarded Hermès a $100 million judgment against these knockoff sites saying they were "liable for trademark infringement and counterfeiting." Shockingly, not one of the defendants showed in court.

The sites hawked fake Birkins and Kelly bags as well as accessories. The Post is reporting that payments already made in the web sites' PayPal accounts will go towards paying the $100 million awards. Sucks for those folks hoping to snag a fake Birkin on HermesBagsOutlet.org. Though we're sure, as evidenced by the screen cap (above, left) that these sites will keep cropping up.

Still, it's a big victory for Hermès. And to make sure that the shuttered sites stay shuttered, the settlement also stipulates that "Google, Bing and Yahoo stop providing links to the Web sites" and that "Facebook and Twitter 'de-index' and remove from any search results the offending sites."

http://www.nypost.com/p/news/national/hermesfakers_lapped_hNEk7dELnSOzQvRvtBv0RJ

Former NFL players William Joseph, Michael Bennett and Louis Gachelin have been arrested by the FBI and are charged with an identity theft and tax fraud scheme.

The Miami Herald reports that the three are among a group of several people charged with filing false tax returns in other people's names and then stealing their refunds. More details of the scheme are expected to be revealed today, when the defendants are scheduled to appear in a federal court in Miami.

According to the Herald, lax IRS oversight makes it easy to fraudulently receive tax refunds: The IRS often disperses refund money before actually checking to see that the taxes a filer claims to have paid match what the filer's employer withheld. The process the IRS uses eventually catches people who misrepresent their own taxes, but a criminal who steals someone else's identity can receive a refund in that person's name without the victim of the identity theft ever realizing it. By the time the IRS and the identity theft victim discover the erroneous refund, the money has already been taken by the identity thief -- and the IRS allows those identity thieves to have the refunds deposited onto prepaid debit cards, which are difficult to track.

Joseph was a 2003 first-round draft pick of the Giants and Bennett was a 2001 first-round draft pick of the Vikings, and the two were teammates in the final season of both of their carers with the 2010 Raiders. Gachelin was a 2004 draft pick of the Patriots who was briefly on their roster but never made it into a regular-season game.

The Film, Recording and Entertainment Council will honor Miami based attorney, Aaron Resnick, at its Star Gala to be held on November 12, 2011 wih the FREC Entertainment Law Award.

The event also honor other top industry leaders and will include the presentation of the Lifetime Achievement Award to Jon Secada. Mr. Resnick's lifetime of work and contributions to the industry will be recognized and honored at this prestigious gala event. Mr. Resnick will be specifically honored for his tremendous impact on South Florida's film, recording and entertainment development throughout the years.

FREC is a 501 (c) 6 non profit organization focused on attracting and creating business opportunities within the entertainment industry.

Mr. Resnick's, managing partner of the boutique law firm, the Law Offices of Aaron Resnick, P.A. and founder of Faction Capital, law practice concentrates on business and commercial matters, and sports and entertainment law. His current practice also includes the personal representation of a number of current and former professional athletes in the National Football League, the National Basketball League and Major League Baseball, as well as members of the arts, fashion and entertainment world.

Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts scene. Resnick was awarded the "Shining Star" Award by the Arts & Business Council of Miami, Inc. This award each year honors the top Miami business professional supporting the arts and cultural community. Resnick was the founding chairperson of the Friends of the New World Symphony, and now serves permanently on its Executive Committee. He served on the executive committee for numerous young patron groups in South Florida including, but not limited to: Best Buddies of South Florida, Big Brothers Big Sister's Impact Circle, Art Crowd of the Bass Museum, the Green Room Society for the Center for Performing Arts, the Tropees of the Historical Museum of Southern Florida, the Jewish Legal Society of Miami, and the MOCA Shakers amongst others. He is a Regional Board Member of the Maccabi World Union and a member of the Ben Gurion Society of the Greater Miami Jewish Federation.

Currently, he is a member of the Silver Director's Circle for the Bass Museum,the President's Circle for the Museum of Contemporary Art, the Maestro's Circle for the Friends of the New World Symphony, and a Supporting Member of the Adrienne Arsht Center for the Performing Arts (and a member of the Green Room Society). Resnick is a board member of the Little Lighthouse Foundation, www.littlelighthouse.org, which is a Miami based charity that seeks, identifies and provides support to children and their families with health, educational, and financial challenges. Mr. Resnick received his Bachelors of Arts in Political Science with honors from Emory University and a Juris Doctor with honors from the University of Florida.

About the Law Offices of Aaron Resnick, P.A.
The Law Offices of Aaron Resnick, P.A. is a full service boutique law firm with offices in Miami, Boca Raton, Gainesville/Ocala, Jacksonville and New York City. For additional information, please go to www.thefirmmiami.com, or call 305.672.7495.

Fashion Attorney and Designer, Brittany Rawlings, was featured in Ocean Drive Magazine.

In the feature, Rawlings was queried what inspired her to work as a fashion and entertainment law attorney as well as other information about her and her practice.

Rawlings heads the firm's Fashion law department and is an active member of the Entertainment and Sports law division of the firm. Rawlings founded and successfully grew her high fashion accessories company, B.RAWLINGS, while graduating cum laude from law school. Honored as Gen Art's Fresh Face in Fashion Accessory Designer of 2010, B.RAWLINGS has since been acclaimed by international Vogue publications, Allure Magazine and People Magazine, is carried in Bloomingdales-Santa Monica, and has jeweled celebrities Lindsay Lohan, Tyra Banks, and E! TV's News host, Giuliana Rancic.

The Law Offices of Aaron Resnick, P.A. is one of the few Florida firms that has a practice group dedicated to Fashion Law. Fashion law is a specialized area of law that deals with intellectual property (copyright and trademark law, including brand licensing), domestic and international business transactions, textiles, merchandising, employment and labor concerns, and customs (import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City, Paris, London and Milan. Some fashion lawyers work within the company, and others work outside the company for law firms.

Fashion attorneys participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture labels, high-fashion models, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.

The Law Offices of Aaron Resnick, P.A.'s group of attorneys are able to assist clients in every facet of Fashion Law.

Fashion Attorney and Designer, Brittany Rawlings, was featured on Miami Fashion Blog.

In the feature, Rawlings was queried on how did she fall into fashion and entertainment law. Rawlings in response stated:

"I wanted to practice corporate and contract law because of my business background. The fashion and entertainment aspect came about because of the jewelry I was creating in law school. Like many new designers, with no credible legal resources in fashion and limited funds, I became a "one-man-band-stand," from drafting a business plan, to forming the legal entity, to forming and copyrighting the website, to intellectual property registrations and appeals, to manufacturing by hand, to researching and contracting an international manufacturer, to graphic designing look books and line sheets, to pitching the brand to celebrities and magazines, to requesting and attending desk side appointments with buyers, and to drafting all legal contracts. The opportunities, risks, incidents, trials and tribulations I have encountered as a designer have created a myriad of fashion law documents and agreements that, unless, I was not both a lawyer and a designer, I would not have had the insight and wherewithal to create.

I realized my friends and others in this industry also needed help in the business side of fashion, legal documents and with the same issues, so it kind of just parlayed into fashion law. Fashion law isn't a known niche of law right now, but I'm trying to develop and spread awareness of it because there's a music industry, there's a film industry but there's not something that's 'for fashion.'"

Rawlings heads the firm's Fashion law department and is an active member of the Entertainment and Sports law division of the firm. Rawlings founded and successfully grew her high fashion accessories company, B.RAWLINGS, while graduating cum laude from law school. Honored as Gen Art's Fresh Face in Fashion Accessory Designer of 2010, B.RAWLINGS has since been acclaimed by international Vogue publications, Allure Magazine and People Magazine, is carried in Bloomingdales-Santa Monica, and has jeweled celebrities Lindsay Lohan, Tyra Banks, and E! TV's News host, Giuliana Rancic.

The Law Offices of Aaron Resnick, P.A. is one of the few Florida firms that has a practice group dedicated to Fashion Law. Fashion law is a specialized area of law that deals with intellectual property (copyright and trademark law, including brand licensing), domestic and international business transactions, textiles, merchandising, employment and labor concerns, and customs (import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City, Paris, London and Milan. Some fashion lawyers work within the company, and others work outside the company for law firms.

Fashion attorneys participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture labels, high-fashion models, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.

The Law Offices of Aaron Resnick, P.A.'s group of attorneys are able to assist clients in every facet of Fashion Law.

The Law Offices of Aaron Resnick, P.A. is the first Florida law firm to have a practice group dedicated to Fashion Law. Fashion law is a specialized area of law that deals with intellectual property (copyright and trademark law, including brand licensing), domestic and international business transactions, textiles, merchandising, employment and labor concerns, and customs (import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City, Paris, London and Milan. Some fashion lawyers work within the company, and others work outside the company for law firms. Fashion Law is a quickly growing legal specialty, and several American law and design schools have dedicated clinics and courses to its study. In a 2008 article, Susan Scafidi, the first U.S. law professor ever to offer a course in Fashion Law and later Director of the Fashion Law Institute at Fordham Law, wrote that Fashion Law was only then starting to be recognized as a distinct field. Since then, Deborah McNamara at Parsons The New School for Design, and Guillermo Jimenez at the Fashion Institute of Technology at the State University of New York, have also offered courses in Fashion Law. However, such courses remain rare.

The still-emerging nature of the discipline is evident from the fact that the New York City Bar Association, located in America's fashion capital, did not have a dedicated Fashion Law Committee until June 2011.

Fashion attorneys participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture labels, high-fashion models, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.

Fashion houses and accessory designers both face unique challenges specific to their industry. They require attorneys who understand the nature of short seasons and ever-changing product cycles, pressures surrounding counterfeit goods, and the issues of unfair competition. Valuable assets in the fashion business consist of not only intellectual property rights, but also trade arrangements, contracts, and information technology systems. A fashion attorney's career success may depend on being able to effectively protect these assets by delivering industry-specific legal advice tailored to the clients' needs.

The Law Offices of Aaron Resnick, P.A.'s group of attorneys are able to assist clients in every facet of Fashion Law. Brittany Rawlings heads the firm's Fashion law department. Rawlings founded and successfully grew her high fashion accessories company, B.RAWLINGS, while graduating cum laude from law school. Honored as Gen Art's Fresh Face in Fashion Accessory Designer of 2010, B.RAWLINGS has since been acclaimed by international Vogue publications, Allure Magazine and People Magazine, is carried in Bloomingdales-Santa Monica, and has jeweled celebrities Lindsay Lohan, Tyra Banks, and E! TV's News host, Giuliana Rancic. Rawlings practice focuses in the field of entertainment, corporate and fashion law. Rawlings was recently awarded Miami's Power 30 Under 30 and Business Leader Magazine's Women Extraordinaire in 2011.

The Firm's fashion law practice offers its clients assistance with:

• Copyright registration and litigation
• Trademark & trade dress registration and litigation
• Formation of business entities and business model
• Registration of domain name, Web Hosting advice and agreements;
• Website creator agreements, E-Commerce and End User website terms
• Copyrighting website design
• Monitoring and litigation of and regarding defamatory or infringing information on social media networks
• Forms for pitching to media, buyers, stylists, celebrities and tracking of fashion samples and progress
• Researching credible, authentic, eco-friendly and/or ethical manufacturers
• Merchant transactions domestically and internationally, negotiations of purchase/sale agreements, and draft of UCC/CISG terms.
• International financial and manufacturing negotiations and agreements, import and export issues, compliance with labor and product laws
• Noncompete, nondisclosure, noncircumvention and confidentiality agreements
• Commercial Agreements and Purchase order agreements
• Consignment agreements, letters of responsibility and insurance
• Wholesale and retail costs and pricing formulas.
• Public Relations Agreements
• Employment contracts, commission agreements, independent contractor agreements
• Commercial real estate lease agreements and real property purchase and sale agreements
• Publication credit agreements
• Retail placement and visual merchandising agreements
• Charity and event sponsorship, endorsement or auction agreements
• Trunk show and trade show agreements
• Ethics of gifting to celebrities, price of wrangling celebrities, promotion through celebrities, and marketing issues
• Joint Venture and/or Consolidation of fashion companies
• Factions, venture capitalists, profit sharing agreements, and financing
• Licensing and distribution agreements
• Anti-counterfeiting and piracy
• Trade practices and ethics
• Alternative approaches to business model & evaluating existing business structure
• Counseling and assistance with capital funding

The Law Offices of Aaron Resnick, P.A. is extremely proud to have developed a practice group focusing on art and cultural property law. The firm handles all types of art litigation and alternate forms of dispute resolution, and also actively represent and counsel clients in corporate and commercial art law matters. Recently the firm was engaged in an action with Sotheby's' Auction house, which resulted in a favorable resolution for its client. According to Attorney Aaron Resnick, Art law is actually a combination of legal concepts geared towards coping with the issues related to art creation, ownership and transactions, and is an amalgam of contracts law, trusts and estates law, litigation and statutory law at different levels. In fact, the Framers of the Constitution acknowledged the importance of the arts when they wrote that Congress shall have the power "[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" (Art. I, § 8).

In practice art law specialists are often litigators because many of the legal issues that arise relating to artwork are actually, at their core, adversarial legal disputes. Lawyers at the Law Offices of Aaron Resnick, P.A. represent buyers and sellers of artwork in authenticity disputes, for example, or in litigation relating to provenance. Other issues that frequently arise are those specifically relating to the artists themselves -- art law litigators often represent artists whose work has been stolen (either physically or as a matter of copyright infringement) or who seek to prevent their prior work from being destroyed.

In other instances we may provide more pre-emptive advice. The Firm is often retained to advise art sellers how they may conduct sales and how to structure their art business transactions. For example, we may draft an art gallery's consignment agreement or the terms of sale which appear on each sale invoice.

Other non-litigation art lawyers at the Firm include trust and estates experts who advise visual artists and their estates on taxation and estate planning matters such as setting up foundations and donating works of art to museums.

The clients of the Law Offices of Aaron Resnick range from art buyers or collectors to art dealers, galleries, auction houses, museums and artists themselves. According to Resnick, though many clients seek the advice of their general legal practitioner at first, many disputes are better handled by experts and those who deal with specific fine art related matters. Those matters are best referred to an art law specialist.
To keep up with all the latest in Art Law news, Resnick suggests people go to http://theartlawblog.blogspot.com/. In addition, these sites are recommended:

Resale Right
The law gives artists certain rights in their creations. William Fisher, "Theories of Intellectual Property," in Stephen Munzer, ed., New Essays in the Legal and Political Theory of Property (Cambridge University Press, 2001) is recommended for those who want to explore a sophisticated introduction to why the law recognizes property interests in intellectual products. These interests can be economic or non-economic, personality rights.
Copyright
Basics
• Copyright Crash Course: University of Texas. Includes very useful "Rules of Thumb" developed at UT.
• Copyright: an overview from the Cornell Legal Information Institute
• Note particularly the Visual Artists Rights Act (VARA), §§106, 106A, 107, and 113 of the Copyright Act
• Berne Convention [Roam around in this site; don't feel obliged to read the whole thing]
• U.S. Copyright Office, a useful site for basic information.
• A very extensive online collection of intellectual property laws is maintained by WIPO, the World Intellectual Property Organization.
Works-for-hire
• Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989)
• The Government Wants Its WPA Art Back. See also Jeanette Hendler, The W.P.A. Artists Project.
Originality
• Bridgeman Art Library
• Barry G. Szczesny, American Association of Museums, Government Affairs Counsel, April 1999 American Association of Museums Annual Meeting Presentation on Bridgeman Art Library v. Corel Corporation.
• The Bridgeman Art Library, Ltd. v. Corel Corp., 25 F. Supp. 2d 421 (S.D.N.Y. 1998) (LEXIS | WESTLAW)
• Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999) (LEXIS | WESTLAW)
Web Rights
• Kelly v. Ariba Soft Corp. [See also http://www.ditto.com/]
• Art, Copyright, and the Web Bibliography compiled by Jeanette Mills and Cynthia Caci (links updated August 2001)

Brittany Rawlings, head of the Law Offices of Aaron Resnick, P.A.'s Fashion law department, is being featured in the launch of Style Saves, Inc., a non-profit charity founded by fashion stylist Rachael Russell with The Miami Foundation, on Friday, July 15, 2011. The intimate event will feature a trendsetting fashion show held on the ground level of the SOHO Beach House in the Tiki Bar. The event is set to begin with cocktails at 8:00pm. Rawlings' jewelry line, which has been recently featured in Plum Magazine, B.Rawlings, will highlight the show. Style Saves, Inc., in collaboration with local South Florida retail stores and boutiques, seeks to imbue underprivileged students with the confidence needed to achieve their full potential by providing them with a brand-new outfit for their first day of school.

"We're giving a fresh start through fashion, and building confidence through clothes," states Russell. SOHO Beach House will sponsor the event with Hors D'oeuvres courtesy of Cecconi's and drinks by Moët & Chandon Imperial Ice. Musical entertainment will be provided by Ess & Emm.

Following the fashion show, a private reception will be held on the 8th floor club pool deck of the SOHO Beach House where luxury goods and services will be silently auctioned. All proceeds from the event will go to benefit Style Saves' students.

The Law Offices of Aaron Resnick, P.A. is one of the few Florida firms that has a practice group dedicated to Fashion Law. Fashion law is a specialized area of law that deals with intellectual property (copyright and trademark law, including brand licensing), domestic and international business transactions, textiles, merchandising, employment and labor concerns, and customs (import/export issues). Traditionally, most fashion lawyers work for established fashion and luxury goods companies in major urban commercial centers such as New York City, Paris, London and Milan. Some fashion lawyers work within the company, and others work outside the company for law firms.
Fashion Law is a quickly growing legal specialty, and several American law and design schools have dedicated clinics and courses to its study. In a 2008 article, Susan Scafidi, the first U.S. law professor ever to offer a course in Fashion Law and later Director of the Fashion Law Institute at Fordham Law, wrote that Fashion Law was only then starting to be recognized as a distinct field. Since then, Deborah McNamara at Parsons The New School for Design, and Guillermo Jimenez at the Fashion Institute of Technology at the State University of New York, have also offered courses in Fashion Law. However, such courses remain rare.

The still-emerging nature of the discipline is evident from the fact that the New York City Bar Association, located in America's fashion capital, did not have a dedicated Fashion Law Committee until June 2011.

Fashion attorneys participate in a variety of legal activities and negotiate deals for their clients. The clients may be large retail chains, haute couture labels, high-fashion models, or an unknown designers just starting out. If and when the situation arises, a fashion attorney will litigate for his or her clients in court.

Fashion houses and accessory designers both face unique challenges specific to their industry. They require attorneys who understand the nature of short seasons and ever-changing product cycles, pressures surrounding counterfeit goods, and the issues of unfair competition. Valuable assets in the fashion business consist of not only intellectual property rights, but also trade arrangements, contracts, and information technology systems. A fashion attorney's career success may depend on being able to effectively protect these assets by delivering industry-specific legal advice tailored to the clients' needs.

Miami Attorney Brittany Rawlings, an associate at the Law Offices of Aaron Resnick, P.A., was named Miami's Power 30 Under 30.

The Power 30 Under 30™ Awards honors thirty outstanding individuals under the age of thirty around the United States that have achieved extraordinary success. Young leaders are recognized from the following categories: 1) Arts, Entertainment, & Media 2) Business 3) Community Service 4) Politics 5) Science & Technology 6) Sports.

Rawlings specializes in the field of entertainment, corporate and fashion law. Rawlings is a member of Young Women Lawyers, Women Who Launch, Florida Association of Women Lawyers, and the Florida Bar Entertainment, Arts and Sports Law.

She is a graduate of Nova Southeastern University, Shepard Broad Law Center, Cum Laude (2010) and University of Florida, with a Bachelor of Science in Business Administration & Entrepreneurship Cum Laude (2007).

Continue reading "Miami Attorney Brittany Rawlings Named Miami's Power 30 Under 30 " »

Super Lawyer Magazine named Miami Attorney Aaron Resnick one of its 2011 Rising Stars.

Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The magazine names exceptional attorneys annually in all 50 states and Washington, D.C. Super Lawyers uses a rigorous selection process that begins with peer nomination. Once attorneys are nominated they are then evaluated on 12 indicators of peer recognition and professional achievement through a third-party researcher.

The 'Super Lawyers' and 'Rising Stars' lists will appear in Florida Super Lawyers magazine which will be mailed to attorneys in Florida and the ABA-accredited law school libraries. The Florida Super Lawyers supplement will appear in The Wall Street Journal (Florida distribution) on Thursday, June 16, 2011. 'Super Lawyers' and 'Rising Stars' also appear on the Web at superlawyers.com.

Mr. Resnick's law practice concentrates on business and commercial matters, real estate law and litigation and sports and entertainment law. He has successfully represented a number of clients in commercial foreclosure matters and has a company that specializes in working with lenders on distressed assets.

His current practice also includes the personal representation of a number of current and former professional athletes in the National Football League, the National Basketball League and Major League Baseball, as well as members of the arts, fashion and entertainment world.

Continue reading "Miami Attorney Aaron Resnick Name Rising Star by Super Lawyer Magazine" »

Miami attorney, Aaron Resnick, managing partner of the boutique law firm, the Law Offices of Aaron Resnick, P.A. and founder of Faction Capital, www.factioncapital.com, was named one of the South Florida Business Journal's "40 under 40," the annual listing of South Florida's best and brightest leaders under the age of 40 based on professional success and community involvement. "I am incredibly flattered to have been recognized and included among such an impressive list of South Florida leaders," said Resnick. "Young leaders are a vital asset to our region and it's important to recognize and acknowledge those who are making great strides in shaping our society's future," said Melanie Dickinson, Publisher & President of the South Florida Business Journal.

Resnick's law practice concentrates on business and commercial matters, and sports and entertainment law. He has successfully represented a number of clients in commercial foreclosure matters and has a company that specializes in working with lenders on distressed assets. His current practice also includes the personal representation of a number of current and former professional athletes in the National Football League, the National Basketball League and Major League Baseball, as well as members of the arts, fashion and entertainment world.

Resnick, a graduate of Leadership Miami, is a leader in the Miami's legal and cultural arts scene. Resnick was awarded the "Shining Star" Award by the Arts & Business Council of Miami, Inc. This award each year honors the top Miami business professional supporting the arts and cultural community. Resnick was the founding chairperson of the Friends of the New World Symphony, and now serves permanently on its Executive Committee. He served on the executive committee for numerous young patron groups in South Florida including, but not limited to: Best Buddies of South Florida, Big Brothers Big Sister's Impact Circle, Art Crowd of the Bass Museum, the Green Room Society for the Center for Performing Arts, the Tropees of the Historical Museum of Southern Florida, the Jewish Legal Society of Miami, and the MOCA Shakers amongst others. He is a Regional Board Member of the Maccabi World Union and a member of the Ben Gurion Society of the Greater Miami Jewish Federation.

Currently, he is a member of the Silver Director's Circle for the Bass Museum, the Maestro's Circle for the Friends of the New World Symphony, and a Supporting Member of the Adrienne Arsht Center for the Performing Arts (and a member of the Green Room Society). Resnick is a board member of the Little Lighthouse Foundation, www.littlelighthouse.org, which is a Miami based charity that seeks, identifies and provides support to children and their families with health, educational, and financial challenges. Mr. Resnick received his Bachelors of Arts in Political Science with honors from Emory University and a Juris Doctor with honors from the University of Florida.

About the Law Offices of Aaron Resnick, P.A.

The Law Offices of Aaron Resnick, P.A. is a full service boutique law firm with offices in Miami, Boca Raton, Gainesville/Ocala, Jacksonville and New York City. For additional information, please go to www.thefirmmiami.com, or call 305.672.7495.

About Faction Capital

Faction Capital, LLC, www.factioncapital.com, is a private real estate consulting firm that deals with distressed assets and related products and properties. Faction Capital works with some of the most prominent real estate owners and developers from the private and public sectors, REITs and REOCs, leading financial institutions, foremost private equity funds, elite hedge funds, as well as insurance and pension funds.

About South Florida Business Journal 40 Under 40 Awards

The South Florida Business Journal each year selects its 40 Under 40 Award winners. These business leaders have all achieved impressive career success and contributed to their community before reaching age 40. This year's honorees were selected from hundreds of nominations. The judging criteria comprised nominees' positions within their companies, responsibilities, career accomplishments and community service. In addition to the SFBJ June issue print feature, the 2010 Class of 40 Under 40 will be honored with a luncheon Thursday, July 28 at Hyatt Regency Pier Sixty-Six, 2301 S.E. 17th Street, Ft. Lauderdale, FL 33316. The reception will be from 11:30 a.m. to 1:30 p.m. Individual tickets are $85 each and a table sponsorship (seats 10) is $950.

Miami Sports and Entertainment Lawyer comments on the recent trend of NFL players seeking High Interest Loans during the lockout.

As the NFL lockout enters yet another month, players from at least 16 teams have already sought out extremely aggressive short-term loans with high interest rates, ThePostGame.com has published.

These interest rates range from 18 percent to 24 percent, and upon default, they can rise as high as 36 percent.

"There are a lot of people out there pitching these things," said Aaron Resnick, Esq., who has advised players on such loans. "It's almost predatory lending. It's people going to guys who they know are already in debt, or don't have the ability to pay their bills during the year and [lending them money] at such obscene terms, that you say, 'Hey, no one would ever sign something like this.' But a lot of players are."

How many players actually need substantial funding at this moment?

"Having [$250,000 to $500,000] to spend or invest -- sure, it's a nice thing," he said. "But you can get taken advantage of, especially when you're talking about guys in their twenties. There's no handbook on how to handle yourself, so you learn some things along the way, and hopefully you don't lose too big."

And while there is the question of how many players actually have a need for the funds being secured, multiple sources tied to players have told ThePostGame.com there are already some players in dire financial need. And absent an influx of cash, they will find themselves in precarious financial situations.

Some players depend on teammates and other players to shore up any short-fall during the off-season. But because of new belt-tightening, player-to-player lending has dried up.

A spokesperson for the NFLPA declined comment on the high-risk loans players are securing. But at a time when the players are engaged in a financial war of attrition with the owners, the fact that players are already in need of funding -- after only one month of lockout negotiations -- appears troubling. And the longer the lockout drags on, the greater the percentage of players who will aggressively seek out needed revenue. And that aggressive pursuit could eventually have long-term consequences.

"What's going to happen here, and it's going to happen to a lot of people, is these guys who are getting loans aren't going to have the means to pay them back". "They're going to lose their homes. Their credit is going to be shot."

"It's unfortunate and not the way it should be, but it is the situation we find ourselves in."

Miami Sports and Entertainment Laywer comments on the recent Yahoo Sports Article: NFL Players may be disciplined for gaming investment

According to Resnick, at least 25 NFL players could be forced to divest and face discipline from the league in connection with an Alabama bingo and entertainment operation that is hoping to re-open late this month or in July. Resnick believes the players were victims in this matter and that they should not be punished while they try to rescind their agreements and get their investments back.

Under the NFL's rules barring an employee's association with any gaming operation, could be grounds for suspension, fines and even disbarrment. According to multiple sources associated with the players or the operation, the athletes in question invested approximately $20 million total in a project now known as Center Stage, approximately 10 miles south of Dothan. Boxer Floyd Mayweather was also an early investor and has legally sought a return of his money.

Interestingly, from an NFL standpoint, the league currently has no authority to discipline players while it's in the midst of an owners-initiated lockout. However, though the NFL has yet to contact financial advisor Jeff Rubin, who guided the players to the investment and is currently working to re-open the venture, a formal investigation and/or disciplinary action is possible once a new collective bargaining agreement is reached. Any move by the NFL to force the players to divest could make it tough for players to recoup their money.

Miami is a hotbed of entertainment. Miami has been host to many television shows, movies, theater, and much more. When you think about Miami and the entertainment venue it offers, you do not immediately think about all of the legal leg work that goes into the entertainment business. Here is a quick overview of how entertainment law in Miami breaks down.

The Idea:

Do you have a great idea for entertainment? It comes in the form of a script or poem, a book or piece of software. If so, you have a right to keep that idea and use it for monetary purposes. You must take measures to assure it is protected by copyright laws and that if your idea is stolen from you that you have the information needed in order to take action against those who stole that idea. That is where you will see the very first need for an entertainment law attorney in Miami.

The Production:

When acting on the idea you may have and for this topic lets use the example, Movie Script, you will have a need to form business contracts with all who will be working with you in order to make your idea a reality. An entertainment lawyer in Miami can assure that your contracts represent your best interests and are free from mistakes that could cost you a lot of money. You will need to employ those who will help your idea become a reality and an entertainment lawyer in Miami can assure that you know and understand employee rights so that you do not face any possible legal actions that may occur with disgruntled employees.

Finalization:

An entertainment attorney in Miami will not only oversee the contracts, but also any financial transactions and business negotiations that will need to take place. It is essential that you have an entertainment attorney in Miami present when conducting business as important as payment, production and the like.

When it comes to Miami, entertainment is one of the most popular venues and because of that, it is imperative that you understand your rights. An entertainment attorney in Miami can assure that you not only understand those rights but also that you are properly represented when the need arises.

Sports and Entertainment law is a specialized branch of commercial law that focuses on the needs and problems surrounding people or groups in the sports or entertainment field. If you are in the sports or entertainment field, you have more at risk than just money or jail time. If you are misrepresented, it could result in the end of your career. If you have a legal issue, contact a Miami sports and entertainment lawyer who can protect your rights and your career. There are many aspects of law that a Miami sports and entertainment lawyer can address. Here are a few examples of issues you might be facing in your career.

The Justice Department has recently asked NCAA some difficult questions about how the college football league determines which team becomes the national champion each year, and if their current process is legal. The Justice department has decided to investigate after allegations that the NCAA gives some college teams easier access to lucrative bowl games, which also those teams an easier path to the National Championship game. The Justice Department is attempting to determine if the NCAA's process of determining the college football champion each year is in violations of United States anti trust laws. The Department send an inquiry to the President of the college league asking for reasons why the NCAA does not use a standard play off system, similar to what nearly every other sport uses. Several Utah professors are planning to file a lawsuit against the college league claiming their school is not receiving fair treatment in the current championship model.

In New York, the Titan's second string quarterback Christopher Simms was cleared of all charges after being arrested and charged with driving while under the influence of marijuana. Simms insisted the charges were false and the officer make a mistake. He was arrested after midnight in July at a check point in New York City while on the way home after eating dinner in the city with a few friends. The officer claimed Simms spun out prior to reaching the check point, seemed out of it and smelled of the illegal drug. The officer also claimed Simms insisted there was no drugs in the car because he had already consumed it. A friend of the football player insisted he had previously smoked the drug near the car, which resulted in the residual smell detected by the police officer.

The National Basketball Association's collective bargaining agreement is set to lapse over the summer, and the NBA commissioner is hoping to avoid the highly publicized National Football Leagues disputes that nearly ended the 2011 to 2012 football season. The commissioner recently expressed hopes that the NBA can keep negotiations out of the courtrooms, insisting that taking the issue to court will not help the two parties reach a new agreement.

If you are facing issues such as these, or any other legal issues related to your field contact a Miami Sports and entertainment lawyer who is experienced and can protect your rights.

Links:

Justice Department's letter to NCAA: Why is there no playoff? by The Associated Press, TriValley Central, May 5th 2011