Toyota Denied Recovery of Costs

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Isabel Magdalena, et al v. Toyota Motor Corporation, et al., 2017 WL 5760268 (Fla. 3d DCA Nov. 29, 2017)

By way of background, the Magdalena family was driving home in Panama when their car hit a tree. The driver’s side airbag in their Toyota Land Cruiser failed to deploy. Because of injuries sustained by the father, he was air lifted from Panama to Jackson Memorial Hospital in Florida. Subsequently, the family filed a lawsuit against Toyota in Miami, Florida.

In Toyota, a Miami court determined proper venue. Venue involves where a case should be heard. The Miami court agreed with Toyota that Panama was the proper venue for the action and dismissed the action. Consequently, Toyota argued that it was the prevailing party and entitled to recover its legal costs under Section 57.041, Florida Statutes. Costs include items such as; filing fees, the transcription costs for depositions, court reporters, and certain expert witness expenses. Items not considered costs are, for example, mileage, research, and copies. On appeal, Florida’s Third District Court of Appeal reversed the trial court’s decision awarding costs to Toyota.

Section 57.041, Florida Statutes, allows costs to be recovered by a party that is granted a final judgment or order of dismissal. The Third District ruled that the trial court erred in finding Toyota to be a prevailing party under the statue. Toyota was not granted a final judgment or a finding on the fundamental issues presented. The only issue resolved, was the procedural issue of venue.  This case highlights that a prevailing party is not determined when a case is transferred or dismissed for venue reasons.

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SEC and FINRA Issue Year End Investment Alert

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The “fiscal cliff” may be of concern to individual investors as the end of 2012 rapidly approaches, according to a new investor alert. If not resolved, the fiscal cliff could result in increased capital gains and dividend income tax rates. Potential changes in these tax rates could result in year-end sell-offs as some investors may seek to take advantage of current capital gains and dividend income tax rates.

The SEC’s Office of Investor Education and Advocacy and the Financial Industry Regulatory Authority (FINRA) have issued a new Investor Alert called Year-End Investment Considerations for Individual Investors to help investors navigate the fiscal cliff and other end-of-year planning considerations. This new alert provides individual investors with a few suggestions for year-end investment planning as the year draws to a close.

“The end of the year is a great time to take stock of your financial situation and make sure your investment plan is meeting your needs,” said Gerri Walsh, FINRA’s Vice President for Investor Education. “Taking some time to carefully manage your investment portfolio can pay dividends in the coming year.”

Year-End Investment Considerations outlines five key areas investors should focus on when making investment decisions:

Asset Allocation. The end of the year is a reasonable time to review your overall investment portfolio and evaluate your existing asset allocation.

Consider Rebalancing. Some of your investments will grow faster than others. Rebalancing allows you to adjust your investment portfolio so as not to overemphasize one or more asset categories.

Tax Considerations. Investors who are interested in learning what impact tax rates, including potential changes in the tax laws, may have on their investments under different financial scenarios should consult their tax adviser or visit the IRS website for more information.

Check Out Your Investment Professional. Many investors do not realize that they can check the background of a broker or investment adviser by using FINRA Broker Check or the Investment Adviser Public Disclosure (IAPD) website.

Locate Your Financial Records. Consider preparing a list identifying your financial records, including a list of financial accounts and all user names and passwords.

Fort Lauderdale Securities Litigation and Arbitration Attorney

Contact Fort Lauderdale securities litigation and arbitration attorney Howard N. Kahn, Esq. if you or someone you know has a securities or broker dispute. He is an experienced securities litigation and arbitration attorney, and is available to assist individual investors, brokers, and brokerage firms involved in securities matters. You can reach him at 954-321-0176 or online.

Brazilian Igor Cornelsen to Pay $5.1 Million for Burger King Insider Trading

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Brazilian ex-banker Igor Cornelsen and his firm through which he made trades – Bainbridge Group – reaped illicit profits of more than $1.68 million by trading Burger King options based on confidential information ahead of the company’s September 2010 announcement that it was being acquired by a New York private equity firm, according to the Securities and Exchange Commission (“SEC”).

Cornelsen is now a resident of the Bahamas with a home in South Florida after holding high-ranking positions at several banks in Brazil before his retirement. He sought inside information from his broker Waldyr Da Silva Prado Neto by sending him e-mails with such masked references as, “Is the sandwich deal going to happen?” Prado was stealing the inside information from another Wells Fargo brokerage customer involved in the Burger King deal.

Cornelsen and Bainbridge Group agreed to pay more than $5.1 million to settle the SEC’s charges. The settlement is subject to court approval. The litigation continues against Prado, whose assets have been frozen by the court.

“Cornelsen shamelessly prodded Prado for details on ‘the sandwich deal’ and Prado happily obliged to satisfy his customer’s appetite for inside information,” said Daniel M. Hawke, Chief of the SEC Enforcement Division’s Market Abuse Unit and Director of the Philadelphia Regional Office.

Sanjay Wadhwa, Deputy Chief of the Market Abuse Unit and Associate Director of the New York Regional Office, added, “Foreign investors who access the U.S. capital markets must play by the rules and not rig the market in their favor, otherwise they face getting caught by the SEC and paying a hefty price as Cornelsen is here.”

According to the SEC’s complaint filed last week in federal court in Manhattan, Cornelsen became Prado’s customer in 2008. On May 17, 2010, Prado sent Cornelsen an e-mail written in Portuguese that translates to, “Igor, if you are around call me at the hotel … I have some info … You have to hear this.”

Cornelsen called Prado at his hotel and they had a 10-minute conversation. Earlier that same day, Prado told a friend that he had knowledge of the impending Burger King deal. After talking with Prado, Cornelsen began trading out-of-the-money Burger King call options the very next day. Cornelsen had never previously traded Burger King securities.

The SEC alleges that Cornelsen continued trading Burger King options over that summer despite losing money in some instances. In August, Cornelsen sent Prado e-mails seeking assurances that ‘the sandwich deal’ was going to happen, and Prado responded with such statements as “Yes it’s going to happen” and “Everything is 100% under control.” Cornelsen then purchased additional Burger King call options.

Cornelsen took steps to minimize his connection to Prado by purchasing the Burger King call options in accounts held at brokerage firms other than where Prado worked.

The SEC alleges that after the public announcement of the Burger King deal, Cornelsen e-mailed Prado to inquire about the acquisition price. Upon learning the new per share price that would yield him substantial illegal profits, Cornelsen e-mailed back, “Wow! What a day!”

The SEC’s complaint charges Cornelsen and Bainbridge Group with violations of Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Rules 10b-5 and 14e-3. The proposed final judgment orders them to jointly and severally pay $1,681,090 in disgorgement and $136,620.96 in prejudgment interest. Cornelsen is ordered to pay a $3,362,180 penalty. They neither admit nor deny the SEC charges. The proposed final judgment also enjoins them from future violations of these provisions of the federal securities laws.

Fort Lauderdale Securities Litigation and Arbitration Attorney

Contact Fort Lauderdale securities litigation and arbitration attorney Howard N. Kahn, Esq. if you or someone you know has a securities or broker dispute. He is an experienced securities litigation and arbitration attorney, and is available to assist individual investors, brokers, and brokerage firms involved in securities matters. You can reach him at 954-321-0176 or online.

Art Basel Guide, Miami Beach, December 6-9, 2012

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Art Basel, now in its 11th year, runs this weekend, December 6-9, in Miami Beach, Florida.

Recognized as one of the most prestigious art shows in the Americas, Art Basel features more than 260 leading galleries from North America, Europe, Latin America, Asia and Africa. Works by more than 2,000 artists of the 20th and 21st centuries will be on display.

Click on the link for the official Art Basel website.

If you are looking for places to eat or information on the many independent art events that surround the Art Basel show, click on the link for the Sun-Sentinel’s Guide to Art Basel.

A giant floating alligator head is one of the more unique features of Art Basel 2012. Hollywood artist Lloyd Goradesky and Everglades historian Cesar Becerra, joined by a team of collaborators, plan to launch a 40-ton alligator head, measuring 230 feet long and 50 feet wide, today or tomorrow from Port Everglades. The mobile head, with a mouth that opens and closes, will float down to Miami for Art Basel. Read more here.

A Public Service Announcement from the Fort Lauderdale Law Firm of
Kahn & Resnik, P.L.

The Florida lawyers at Kahn & Resnik, P.L. are available to service your legal needs.

Our concierge approach to the practice of law reflects our philosophy of personalized and confidential attention. When you retain an attorney at Kahn & Resnik, P.L., we work efficiently and effectively to help you achieve your business and personal objectives.

We can assist you in legal matters relating to commercial litigation, divorce, disability law, real estate litigation, securities litigation, and corporate transactions.

We serve business owners, professionals and individual clients across Florida, including Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Naples, Orlando, Tampa, Daytona Beach, Jacksonville, Tallahassee, and other cities throughout the state. Contact Howard N. Kahn, Esq. at 954-321-0176 or online.