Law Offices Of Santiago Padilla

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(305) 358-2141Visit WebsiteMap & Directions1001 Brickell Bay DrMiami, FL 33131 Write a Review

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At the Law Offices of Santiago J. Padilla, P.A., our team of dedicated and highly skilled legal professionals proudly represent clients of all backgrounds in a variety of legal matters. Banked by 30+ years of legal experience, our philosophy is to provide the same quality of legal services that are provided at major law firms to individuals and small and mid-sized business clients, but at more cost-effective rates.We have handled thousands of cases on behalf of clients across Florida, from visa petitions and sexual harassment claims to high-value real estate closings and multi-million dollar business acquisitions. We also possess extensive litigation experience representing business owners in complicated commercial disputes.

Extra Phones

Phone: (305) 358-1949

Phone: (305) 928-6855

TollFree: (800) 483-7197

Location

Brickell Bay Tower

Neighborhoods

Miami Financial District, Downtown Miami

AKA

Law Offices of Santiago J. Padilla, P.A.

Santiago J Padilla Law Offices PA

Santiago Padilla Law Office

Law Offices-Santiago J Padilla

Santiago J Padilla PA

Law Offices of Santiago J. Padilla

Other Links

https://www.padillalawoffice.com

http://padillalawoffice.com

https://padillalawoffice.com/contact-us

Categories

Attorneys, Bankruptcy Law Attorneys, Business Law Attorneys, Business Litigation Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Discrimination & Civil Rights Law Attorneys, Employment Discrimination Attorneys, Immigration & Naturalization Consultants, Immigration Law Attorneys, Labor & Employment Law Attorneys, Landlord & Tenant Attorneys, Patent, Trademark & Copyright Law Attorneys, Personal Property Law Attorneys, Real Estate Attorneys, Sexual Harassment Attorneys, Tax Attorneys

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Details

Phone: (305) 358-2141

Address: 1001 Brickell Bay Dr, Miami, FL 33131

Website: https://www.padillalawoffice.com

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Law Offices Of Santiago Padilla

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Business and Corporate Law

Corporate Law
A principal aspect of the Commercial Transactions handled by Mr. Padilla is the initial organization of a business in the United States, including structuring the business, preparing shareholder agreements, and other business operation matters. In many cases, foreign nationals seek to develop a project or company together with local parties who may offer specific expertise and in such cases, a joint venture agreement may be appropriate. In connection with these types of transactions, Mr. Padilla has prepared a variety of contracts and agreements, including...
Business Disputes
Businesses in Florida often find themselves in need of a business lawyer who can help resolve commercial disputes. These issues could involve relatively straightforward concerns such as collecting on a bad check to contract disputes that may require extensive litigation.
Business Transactions
Mr. Padilla's commercial transactions and acquisitions practice area involves Business Acquisitions for immigration purpose (which includes advising clients regarding the sale and purchase of an operating business entity), Joint Venture Agreements among partners or a group of entities in order to pursue a business concept or objective, and Commercial Agreements, which includes advising clients regarding Consulting Agreements, Representative Agreements, Distribution Agreements, Licensing Agreements, Agency Agreements, Sales Agreements and other agreements used by small and medium sized businesses.
Limited Liability Companies
The type of business entity is also an issued to be considered - should it be a limited liability company or a corporation or some other type of business entity? The answer is driven largely by tax considerations, but generally we suggest a limited liability company to avoid “double taxation.” Specifically, with a corporation, the company pays taxes on its net income and, when the company distributes cash to its shareholders, the shareholders again pay taxes on the amount that they receive. In essence, the same income is taxed twice. [2] With limited liability companies, however, the net income of the company is paid by the shareholders or members of the company. There is no tax upon distribution. Yet, there may be issues with the taxation of “phantom” income, which is income that is not distributed but taxed to the owners of the company. Finally, in some cases, it may be preferrable for the foreign national to organize a corporation or to elect for the limited liability company to be treated as a corporation in order for the foreign national not to be taxed in the U.S.
Trade Secrets
Intellectual Property

Employment Discrimination
Employment discrimination, retaliation and whistleblower claims. These are workplace claims of discrimination based on one or more factors such as age, race, sex, disability or sexual orientation. Mr. Padilla also represents clients facing retaliation by an employer for reporting illegal activities.
Employment Contract
The employment-at-will doctrine can be voided for an employee and employer who enter into an agreement that provides for the nonapplication of the doctrine. Not all employment agreements eliminate the doctrine. The agreement must specifically state that the employment relationship is not at-will.
Employment Litigation
Mr. Padilla represents employees and employers in employment discrimination disputes and other employment issues. With decades of experience practicing in Miami and South Florida, Mr. Padilla provides legal counseling and litigation in a wide range of employment matters.
Non-compete Agreement
If the investor has identified a specific business and is ready to move forward, then it is time to start negotiating the terms of the acquisition. Generally, the seller will have established certain price parameters for the transaction and what assets are being sold, but there are many other terms that need to be pinned down, such as, for example, what inventory is included in the purchase, are any liabilities included, will the seller offer financing, how long will the inspection period be, will the seller be willing to sign a noncompete agreement, will the seller stay on during a transition period, and how will the negotiation of the underlying lease take place. These are major issues that could cause a transaction to fall apart, so it is advisable to determine the answer to these questions early in the process.
Severance Agreement
With respect to termination, employment agreements generally provide that the employee can be terminated prior to the end of the term only for "good cause" or "just cause," both of which are usually defined in the agreement. Employment agreements also generally provide for a specific notice of termination (for example, 30 days) and a minimum severance pay for a termination prior to the expiration of the term.
Sexual Harassment
Sexual harassment is a type of discrimination based on sex. Title VII of the Civil Rights Act of 1964 (Title VII) makes sexual harassment illegal. All employers with 15 or more employees must comply with Title VII. This includes employment agencies, labor unions, and state and local

Real Estate Litigation
Businesses and individuals who are dealing with real estate matters often find that they need to work with experienced real estate attorneys to advise them on the important decisions they are faced with. In the Miami area, Santiago J. Padilla and his team of legal professionals have advised hundreds of clients regarding commercial and residential real estate acquisitions in Florida and around the region. Mr. Padilla has represented real estate investors, developers, businesses, lenders and individuals through his real estate law practice.
Real Estate Transactions
Mr. Padilla is an attorney with more than 30 years of legal experience. Over that time, he has handled hundreds of real estate transactions, many of which have involved millions of dollars in acquisition values.
Easement
Land Use and Zoning
Landlord-Tenant Disputes
Landlord-tenant disputes. These cases could involve nonpayment of rent, damage to a rental property or notice of eviction. Commercial landlord-tenant disputes could involve disputes about insurance, taxes, maintenance or any number of issues.
Condominium Law
Mr. Padilla's real estate practice covers many issues of interest to Miami-area real estate investors, such as sales, purchases and transfers of real property; landlord/tenant issues; and rights and issues surrounding real property, among others. The practice also includes advising clients regarding condominium development projects as well as the acquisition of commercial and residential real estate.

Immigration Law

Citizenship and Naturalization
Employment Immigration
Generally, under the employment-based immigration categories, the prospective employer of a foreign national begins the permanent residency application process by filing a petition with the U.S. Citizenship and Immigration Services (USCIS). However, in most employment-based immigration categories, the employer must first file an application with the U.S. Department of Labor's Employment and Training Administration requesting certification to hire a foreign national. This is the Labor Certification Process which will be discussed in more detail below.
Green Cards
Business Immigration
Investor Visas
Attorney Santiago J. Padilla, with his offices in the Miami metropolitan area, provides individual and business clients with a variety of legal needs — from employment matters, investor visas, business and real estate acquisitions, and commercial litigation.

Disability Discrimination
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against workers with disabilities. Title I of the ADA states that it is illegal to treat a person with a disability differently with respect to hiring, firing, advancement, compensation, job training, and other terms and

Foreclosure
Mr. Padilla's real estate law practice involves representing individuals, developers, investors, lenders and businesses in connection with the acquisition, development, financing, sale and leasing of real property. Based in the famous Brickell area of Miami, Florida, Mr. Padilla and his team of legal professionals have handled more than 200 real estate transactions over the last 10 years, including residential and commercial transactions, with acquisition values ranging up to $15 million, and residential and commercial leases, including shopping mall leases. Our real estate practice area deals with a variety of issues related to real property, including the rights and interests in property, sales, purchases and other transfers of real property, legal aspects of rental property and landlord-tenant issues, settlement of claims against property rights, property development, home loans and foreclosures, and other relevant matters.
Tax Law
[2] While U.S. citizens and U.S. resident shareholders can elect “subchapter S” status, thereby treating the corporation as a pass-through entity, under U.S. tax law, an S corporation generally cannot have a “nonresident alien as a shareholder.” Internal Revenue Code §1361(b)(1)(C). A nonresident alien is neither a U.S. citizen nor a resident alien. Id. § 7701(b)(1)(B). A person qualifies as a “resident alien” if the person is “a lawful permanent resident of the United States,” fulfills the “substantial presence test,” or fulfills the “first-year election” requirements. Id. § 7701(b)(1)(A).

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