FOR IMMEDIATE RELEASE:
Contact:
Tina Menditto
The Menditto Group
305.546.3289
tina@themendittogroup.com

CORAL GABLES – March 7, 2012 – Emil R. Infante and Carlos J. Abarca, partners at Infante Zumpano in Coral Gables, assisted Guatemala’s mobile telecommunication market leader, Comcel, in raising $60 million through a OPIC partially guaranteed loan arranged by Citigroup Global Markets, Inc. in New York.
Just three months ago, the same team arranged a $300 million loan for the mobile industry giant.
“This is another step forward for Comcel, Guatemala’s largest mobile telecom operator and subsidiary of Millicom International Cellular, S.A. (Millicom) because this facility will provide funding to expand its telecommunications network and its ability to offer value added services,” said Abarca, who is co-chair of the Coral Gables law firm’s Corporate Department. “Obtaining a loan of this size, at favorable terms to the borrowers, is a testimony to Comcel and Millicom’s financial strength and stability,” said Infante, co-managing partner and Chair of the Securities and Financial Regulations Group.
The administrative agent for the lenders was Citibank N.A. The seven year, $60 million loan will support the ongoing operations for the Guatemalan operator.
Salvador Escalón, Acisclo Valladares and Manuel Cáceres assisted Comcel as in-house counsel for the Millicom subsidiary. Infante Zumpano served as U.S. lead counsel for the borrower.
Abarca has extensive experience representing banks and borrowers in complex cross-border financial transactions. He has represented Fortune 500 companies in acquisitions and divestitures, private companies raising capital, and Florida entities in general corporate matters. Infante has extensive experience in securities and financial regulation, and complex commercial and transactional matters.
Infante Zumpano is one of the largest minority-owned law firms in Florida providing a broad range of legal services from simple contracts to complex litigation, corporate transactions, banking and insurance, real estate, family office services, labor and employment, bankruptcy and reorganization, entertainment and data privacy. The firm is based in Coral Gables with offices in West Palm Beach and San Juan, Puerto Rico. For more information, call 305.503.2990 or log onto www.infantezumpano.com

On February 10, 2012, the Middle District of Florida entered a ruling styled Gilliam v. WalMart Stores East, 11–cv–454–FtM–29SPC (February 10, 2012), in which it readdressed the rulings in Dionne v. Floormaster, 647 F.3d 1109 (11th Circ. 2011) (Dionne I) and Dionne v. Floormasters Entrs., Inc.,—F.3d—,2012 WL 104906 (11th Cir. Jan. 13, 2012) (Dionne II) relating to tendering full payment of unpaid overtime compensation and the imposition of attorney’s fees pursuant to 29 U.S.C. Section 216(b) of the FLSA. This update seeks to outline the significance of the aforementioned rulings.

Dionne I & II — An Employer’s Ability to Avoid Attorney’s Fees in Unpaid Overtime Compensation Claims Pursuant to the FLSA

We are proud to announce Daniel Diaz Leyva as the recipient of the 2012 Ruth Shack Leadership Award. This award is presented annually to an emerging leader who embodies the qualities of ethical leadership, dedication and service to Greater Miami. These are the same qualities
embodied by President Emeritus of The Miami Foundation, Ruth Shack.
Danny is a Miami native and a partner at the law firm of Infante Zumpano where he leads their strategic planning and business development
efforts. He is a passionate and engaged leader in our community.

He has dedicated much of his time to child welfare causes. Early in his career Danny worked with the Department of Children Families serving as one of the agency’s primary liaisons with the legislature and helped support its leaderships’ efforts when the department was being reorganized. Currently, he serves on the Board of Directors of CHARLEE Homes for Children, a private foster care agency with over 200 employees caring for approximately 1,000 children in Miami-Dade County.
Danny is actively involved in the Cuban American Bar Association and the Latin Builders Association. He also serves as his firm’s primary representative to the U.S. Hispanic Chamber of Commerce and the National Association of Minority Women Owned Law Firms (NAMWOLF). Recently, he co-founded SunPAC, a political organization whose goal it is to promote Hispanic engagement in the political process in Florida.
Most importantly, Danny is an empathetic leader with a strong sense of responsibility to others and to making our community a better place.
The Miami Foundation and Leave a Legacy will honor Danny at the Donor Next Door Luncheon on May 17, 2012.

CONTACT:

WASHINGTON D.C. (February 21, 2012) The United States Hispanic Chamber of Commerce (USHCC) today recognized Florida-based Infante Zumpano, one of the largest minority-owned law firms in the country, for its recent admission into the National Association of Minority & Women Owned Law Firms (NAMWOLF). This announcement coincides with the Daily Business Review’s recent recognition of the firm as one of the most diverse law firms in South Florida.

“Infante Zumpano has always believed that our clients’ best interests are preserved by having our lawyers culturally sensitive to, and reflective of the diversity of the community we represent,” says Partner & Director of Business Development Daniel Diaz Leyva. “We are grateful for this recognition by the Daily Business Review and look forward to our new partnership with NAMWOLF.”

NAMWOLF promotes true diversity in the legal profession by fostering the development of long lasting relationships between preeminent minority and women owned law firms and private/public entities. NAMWOLF’s law firm membership is comprised of AV-rated firms across the country that represent major corporate clients. NAMWOLF works to ensure the long-term survival of its member firms by assisting in the development of strategic alliances, coalitions and affiliations with corporations, in-house counsel and other legal trade associations.

“The USHCC commends Infante Zumpano for its proven track record of leadership in law firm diversity,” says USHCC President & CEO Javier Palomarez. “The legal profession in the United States is showing signs of improvement for minority lawyers, and firms like Infante Zumpano are leaders in diversity initiatives, entrepreneurship and job creation. We are proud to see one of our members shining in this area.”

About the United States Hispanic Chamber of Commerce
Founded in 1979, the USHCC actively promotes the economic growth and development of Hispanic entrepreneurs and represents the interests of over 3 million Hispanic-owned businesses in the United States that combined generate in excess of $420 billion annually. It also serves as the umbrella organization for more than 200 local Hispanic chambers and business associations in the United States and Puerto Rico. For more information, visit www.ushcc.com.

–Emil R. Infante and Carlos J. Abarca, partners at Infante Zumpano in Coral Gables, recently assisted Guatemala’s mobile telecommunication market leader in raising $300 million through a syndicated loan arranged by Citigroup Global Markets, Inc., in New York.

“This is an important step forward for Comcel, Guatemala’s largest mobile telecom operator and subsidiary of Millicom International Cellular, S.A. (Millicom) because it provides for a secure funding base at a time of increased market volatility,” said Abarca, who is co-chair of the Coral Gables law firm’s Corporate Department. “Obtaining the loan, at favorable terms to the borrowers, is a testimony to Comcel and Millicom’s financial strength and stability,” said Infante, co-managing partner and Chair of the Securities and Financial Regulations Group.

The administrative agent for the lenders was Citibank N.A. The seven-year syndicated loan, whose maximum commitment amount is $300 million, will support the ongoing operations for the Guatemalan operator.

Salvador Escalón, Acisclo Valladares and Manuel Cáceres assisted Comcel as in-house counsel for the Millicom subsidiary.  Infante Zumpano served as the New York lead external counsel for the borrower. Abarca has extensive experience representing banks and borrowers in complex cross-border financial transactions. He has represented Fortune 500 companies in acquisitions and divestitures, private companies raising capital, and Florida entities in general corporate matters. Infante has extensive experience in securities and financial regulation, and complex commercial and transactional matters.

Infante Zumpano is one of the largest minority-owned law firms in Florida providing a broad range of legal services from simple contracts to complex litigation and corporate transactions. The firm prides itself in the education and background experience of all its attorneys and staff and is committed to providing the highest level of legal expertise, resources and representation to clients.  For more information, call 305.503.2990 or visit www.infantezumpano.com

“On January 1, 2012, Floridians will be entitled to a higher minimum wage from $7.31 to $7.67. The 36 cent increase represents the second time in less than a year in which Florida’s minimum wage has increased. Both increases resulted from a Florida constitutional amendment which requires Florida’s minimum wage to keep pace with inflation. It should be noted that tipped employees will also receive an increase in wages to $4.65 an hour.”

The current economic and financial crisis  has affected every industry in the United States.  During these times employers, seeking to limit or decrease operational costs, may innocently follow advice which leads to violations of tax and labor laws.  For example, many workers are hired as “independent contractors.”  To paraphrase, independent contractors are statutorily defined by the IRS and DOL as workers that are not considered full employees, but project-based workers.  As such, the employer is not responsible for providing benefits (including health, social security or wage benefits) to the worker.

One example of a true independent contractor is your gardener.  You pay the gardener to come to your home on various days of the month to cut the grass.  You and the gardener agree to the cost of providing you this service.  The gardener also uses his own tools and equipment to complete the assigned task.

If, however, the employer dictates all the terms and conditions of employment or if the employer treats the independent contractor in the same manner as the employer treats full-time employees (including assigning dates, location and manner in which the worker must accomplish a task), then that worker is not classified as an independent contractor for IRS and DOL purposes.  In this scenario,  the worker would be classified as an employee.  As such, the employee would be entitled to workers compensation benefits, social security benefits and overtime wages.

So, the employer made a mistake.  No harm, no foul, right??  Wrong!

If an employer is found to have misclassified its employees as independent contractors, the employer would be liable for back taxes, back pay and several fines.  Moreover, misclassified workers can bring independent and private law suits for back taxes and back pay.  In those instances, the law allows for the worker to recover the back taxes, back pay and his or her own attorneys’ fees and costs.  Thus, misclassifying a worker can potentially be tantamount to a very expensive mistake.

The IRS recently created the Voluntary Classification Settlement Program (VCSP) that provides the employer an opportunity to reclassify its workers as employees for employment tax purposes.  It also significantly reduces the fine that the IRS assesses employers when they have misclassified their employers.

To qualify, the employer must:

Not currently be audited by IRS, DOL or a state agency re misclassification

If you are concerned that you might have misclassified workers as independent contractors instead of employees, seek legal advice.  For more information on the VCSP, log onto the IRS website at www.irs.gov and search for VCSP in the search box on the top right hand of the screen.

This document is issued for informational purposes only and is not intended to be construed or used as legal advice. Infante Zumpano is not responsible for any loss or damage occasioned to any person or entity in connection with acting on or refraining from action as a result of any material in this publication. The hiring of a lawyer is an important and crucial decision that should not be made lightly or solely on advertisement.

South Florida is particularly enticing to Latin American businesses looking to expand because of its superior transportation linkages, he said, allowing entry to European and American markets. “By coming to South Florida,” Mr. Espinosa said, “they’ve now broadened the scope of what [markets] they can service from a single location.” Miami has long been an enticing gateway for Latin American businesses, he said, but a new development in the past year-and-a-half has been a growing number of Mexican businesses branching into the US through Miami. “We’ve never seen anything significant from Mexico,” he said, adding that Mexico had typically sent US business to Houston and Los Angeles. However, he said, in the past year-and-a-half he has seen a significant upsurge in Mexican business.

Mr. Espinosa said he has helped Mexico-based Cool-de-sac, a children’s recreation center and restaurant chain, and telecommunications company Multiphone expand to the US. By establishing trademarks and branding in the US, he said, these companies can both reach a new market in the US and appeal to foreign nationals that recognize their products. Latin American business use of Miami as a gateway is “almost a cliché,” but its scope is broadening, said Daniel Diaz Leyva, a partner with law firm Infante Zumpano. “We’ve just seen so much more traffic in South Florida when it comes to transactions that are internationally based and involve Latin America,” Mr. Diaz Leyva said. “Whereas a few years ago investors had a condo or two, a home or a few loans in South Florida, today it’s actual operations,” he said. “They’re looking to establish an office, start or acquire a bank, distribute goods, import or export chemicals.”

Changes in currency valuations are also playing a role, allowing for the pickup in area real estate sales, said Infante Zumpano co-founder Carlos Zumpano. The time is also right for foreign investors to launch bigger plans in the US, said Alberto Muñoz, CEO of Espacio USA. Espacio is the American arm of Spanish developer Inmobiliaria Espacio. Espacio holds two Omni-area properties: an office building at 1400 Biscayne Blvd. and an adjacent mixed-used building at 253 NE 14th St. The firm is focused on leasing, Mr. Muñoz said, raising 1400 Biscayne’s occupancy from 12% to the 75%-to-85% range and is developing a two-phase master plan to construct a mixed-use project. Work is to start in September 2012, he said. Espacio first delved into the US market in 2007, purchasing a residential-condominium property in Clearwater. Mr. Muñoz said Espacio was looking “for a more secure market” to learn how to do business in the US before giving Miami a try. “When we came to Miami, we saw a lot of skyscrapers,” Mr. Muñoz said. “We got scared seeing there are many units… [and] a lot of office buildings.” Espacio also holds a residential property in Austin, TX. Four years later, Espacio sees a bright future for international investment in Miami, particularly in the Biscayne corridor, said Maribel Goldar, Espacio’s marketing manager. “All that is happening is happening in our area,” she said, including Genting Group’s $3 billion-plus destination-casino project. Ms. Goldar added that growing international investment in Miami and business from the film industry — office space for the filming of “Step Up 4″ is being leased at Espacio’s 1500 Biscayne — make the Biscayne area all the more enticing.

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Infante Zumpano announced this past June that it will be opening the office in San Juan, Puerto Rico and relocating in Palm Beach County. In addition to announcing the new office locations, the firm shortened its name to Infante Zumpano, after the two founding members.

With 21 attorneys and growing, Infante Zumpano is one of the largest certified minority-owned law firms in the country providing a broad range of legal services. The firm’s practice areas include corporate, banking and insurance, real estate, family office services, general litigation, labor and employment, bankruptcy and reorganization, entertainment and data privacy. The firm is based in Coral Gables with satellite offices in Mexico, Panama, Guatemala, Venezuela, Bolivia and the Dominican Republic. For more information, call 305.503.2990 or log onto www.infantezumpano.com

IZHM is no exception.

Picture, if you will, Carlos Zumpano toiling away as an associate at a big firm. He’s invited to lunch to try and woo a new recruit – Emil Infante. Over lunch the two really hit it off – in fact, they ultimately realize that their families have known each other for several decades, but, because Emil had grown up in Puerto Rico, they had never met.

In the end, Emil decides not to join that big firm, but instead decided to strike out on his own. To do his own thing. And, as it turns out, that’s just what Carlos Zumpano had wanted to do.

Soon after getting to know each other, Carlos left that big law firm, teamed up with Emil, and started the law firm that has ultimately grown into IZHM.

From the start, Carlos and Emil talked about how they really wanted to practice, the kinds of clients they wanted to work with, and the kind of people they wanted on their team.

If you ask them, they both will tell you pretty much the same thing. They needed a more fluid and efficient structure without the bureaucracy and with more competitive rates. They were looking for a place that gave them room to grow, a direct relationship with clients, and the flexibility to meet client demands.

They wanted all that, and to do it with friends and family at their side.

It’s a pretty compelling picture. Plus Emil can be pretty persuasive. I remember attending a fundraiser IZHM held, where Emil came up to me and said: “Luisito. Come, come with us.” – indicating towards himself – “I promise you will LOVE it. You will LOVE it.”

And, long story short, here I am. And he was right.