Creative Overview

CREATIVE OVERVIEW Highlights of Kelley Kronenberg Creative Marketing Projects

JOSEPH KLUCAR Creative Marketing Manager Start Date: June 2022

BRANDING

Zoom Backgrounds LOGO CONSTRUCTION

Branding Book

Logo Architecture For Sub-Logos LOGO FONT

First Letter Left Aligns with top of K and centered vertically with K

GOTHAM BLACK

.58

1

Logo Font

ABCDEFGHIJKLMNOPQRSTUVWXYZ 1234567890( ! @#$%&.,?:;)

Typography: Gotham Black | Tracking: -25 | ALL CAPS

Revise Of Specialty Logos LOGO USAGE BRAND GUIDELINES

Sub-Logos

19

The Specialty logo is a variation

Sub-Logos

17

of the Kelley Kronenberg logo

INTRODUCTION Introduction

PRIMARY LOGOS Logo Usage Construction Lines Logo Font Color Usage Color Variations Unacceptable Usage Application Examples

SUB-LOGOS Logo Usage Logo Construction Construction Lines Logo Font Color Usage Color Variations Unacceptable Usage Application Examples

4-6

8 9 10 11 12 13 14

SPECIALTY LOGOS Logo Usage Logo Construction Tagline Font Unacceptable Usage

or campaign.

25 26 27 28

CARES

DIVERSITY, EQUITY & INCLUSION

MISCELLANEOUS LOGOS Logo Usage Unacceptable Usage

PAIRED LOGOS Paired Logo Usage Logo Construction

16 17 18 19 20 21 22 23

BREAST CANCER AWARENESS

that celebrates a specific event

LOGO USAGE TABLE OF CONTENTS

30 31

33 34

LATERAL ACQUISITION LOGOS Lateral Acquisition Brand Architecture Scenarios 36 JFK - Logo Usage 37 JFK - Logo fonts 38

CELEBRATE PRIDE MONTH

30

Miscellanious Logos

25

Specialty Logos

Review of Client Touchpoints LinkedIn Cover Images Powerpoint Template

Letterhead

CLIENT TOUCHPOINTS CONNECT

QUALIFY

FOLLOW-UP

Conflict Check PASS Notification (CS)

PITCH Firm Brochure

Firm Benefits Overview

CLOSE Contingency Fee Agreement (CS)

CONTINGENT FEE AGREEMENT BETWEEN KELLEY KRONENBERG & GENERAL AGREEMENT:

This agreement is entered into as of the date listed below by and between , and Kelley Kronenberg, PA, both organized under the laws of Florida. agrees to use reasonably diligent efforts to identify, screen, and provide candidates to fill positions as requested by Client. Client agrees to abide by the terms and conditions of this agreement.

SERVICES: Kelley Kronenberg engages to conduct a search to locate qualified candidates for possible hiring for the position of Equity Partner or Group. accepts the job assignment(s) submitted by Client and hereby agrees to conduct a search to locate candidates/Groups for presentation to Client for consideration. will confirm each candidate’s availability for hire and review his or her resume and portable book of business to determine whether the candidate has the qualifications/requirements desired by Client. will present candidates whom it believes are qualified based on the specifications submitted by Client. may make verbal presentations of candidates and/or provide Client with copies of candidate’s resumes. Should the Client wish to interview candidate(s) submitted by , Client agrees to request that schedule interviews and will work with its candidate(s) and Client to facilitate telephone and/or in person interviews.

- agrees to conduct thorough reference checks by contacting references provided by candidates.

GUARANTEE: will provide a one hundred and eighty (180) day guarantee on any placement in accordance with the following terms. In the event that any candidate whose services are engaged

by Client and whose working relationship with Client is terminated for one or more of the reasons set forth herein, at any time during the one hundred and eighty (180) days following the candidates start date of employment, agrees to exercise reasonable efforts to replace the candidate. There will be no additional charge for such a replacement candidate who is hired for the same position and at the same base salary as the original candidate, and the replacement interviews are within 60 days immediately following written termination notice.

This guarantee is provided to allow Client to satisfy itself that the candidate has the required experience, qualifications and portable book of business to enable Client to verify that the information provided to Client about the candidate by or other sources is accurate.

FEES:

will be entitled to a fee calculated as follows: (a) Placement of an Individual Attorney. will be entitled to a fee when places an attorney (the "Placed Attorney") at Kelley Kronenberg, PA. The is entitled will be equal to twenty (20%) percent of the Placed fee to which the

1

OUR OFFICES

New Client info Form (CS)

Conflicts Check PASS Notification CC ID: Status: Approver: Comments

JMV-727032899kescalante PASS Anne Skinner

QUESTION

State Type of law Type of case

10/4/2022 3:55 PM

Action taken:

10/5/2022 10:23 AM

RESPONSE

FL Mortgage foreclosure litigation Contested

What is the client name?

Mark Finkelshtein and Larisa Finkelshtein

Is this a new client?

Yes

Is the client known by another name?

Plaintiff SDLRE BUSINESS, LLC; DILSON CARLOS PEREIRA OLIVEIRA (Manager); SIMONI D'ELEBOUX OLIVEIRA (Manager) Mark Finkelshtein and Larisa Finkelshtein

Please explain briefly why this is a rush Additional information/Address

DE&I Brochure

Yes New client. We need this to submit retainer agreement to client contracting for approval/client card.

Property address: 4111 S. Ocean Drive, Unit 3212, Hollywood, Florida 33019

INDUSTRIES

NEW JERSEY

• Services • Child Advocacy • Construction

ATLANTA JACKSONVILLE DAYTONA

• Healthcare

ORLANDO

TALLAHASSEE • Hospitality

WEST PALM BEACH FORT LAUDERDALE

NEW ORLEANS

TAMPA • Insurance NAPLES

• Manufacturing

MIAMI

• Private and Corporate Security Presentation Title

TAMPA 1511 North Westshore Blvd., Suite 400 Tampa, FL 33607 Phone: (813) 223-1697

MIAMI 1111 Brickell Avenue, Suite 1900 Miami, FL 33131 Phone: (305) 503-0850

JACKSONVILLE 10245 Centurion Parkway N, Suite 300 Jacksonville, FL 32256 Phone: (954) 370-9970

WEST PALM BEACH

West Palm Beach, FL 33401 Phone: (561) 684-5956

TALLAHASSEE 6267 Old Water Road, Suite 202 Tallahassee, FL 32312 Phone: (850) 577-1301

NAPLES 1570 Shadowlawn Drive

CHICAGO 161 N. Clark Street, Suite 1600

Appellate

• Banking and Financial

ORLANDO

• Transporation & Logistics

Construction Law • Contract Drafting & Negotiations • Construction Litigation • Construction Defect Litigation • Jobsite Accidents • Coverage & Bad Faith Disputes

• Technology

Criminal Defense

• Professional Services • Retail

Data Privacy & Technology Family Law Presentation Title

ADOPTION

RETENTION

(1ST CASE)

(WELLNESS CHECKS, ETC)

Rate Increase Letter

Litigation Letter (JMV)

Dear [Client Name]: It has been a pleasure to represent you in the defense of your _______________ [practice specialty] matters.

We appreciate your continued support and value the partnership we have established with _____________ [business name].

While the cost of doing business has increased substantially, we have kept our rates static. However, we are now faced with additional pressures and must increase our present rate. Since _______, your rates have been _________. In an effort to maintain affordable rates commensurate with our experience, expertise and service, your rates will be modified to ___________, effective ___________ for ________[months/years].

Kelley Kronenberg has a strong commitment to arming you with highest level of legal representation. We offer unmatched attorneys trained to minimize billing while aggressively defending your files to limit your legal exposure and business expenditures. We are focused on excellent customer service and the most cost-effective handling of your files. As a service, and at no cost to you, we provide continuing education seminars, up-to-theminute notifications of changes in the law, and preliminary legal opinions. Additionally, the firm has willingly absorbed the routine costs associated with postage and local travel. In the coming year, we will be adding additional attorneys and support staff, as well as more efficient technology to better serve you.

The firm remains committed to providing the highest level of legal representation that meets and surpasses your needs and expectations. We appreciate and look forward to continuing our partnership with _________________ [business name] in the future.

Florida Administrative & Regulatory Law

Chicago, IL Rights 60601 Naples, FL 34104 Bankruptcy, Insolvency, and Creditors’ Gig Economy Liability Phone: (312) 216-8828 Phone: (239) 990-6490 • Business Insolvency NEW ORLEANS • Business Bankruptcy and Creditors’ Rights Immigration Law DAYTONA 201 St. Charles Ave, Suite 2500 1112 Riverside Drive New Orleans, LA 70170 • Collections Daytona and Beach,Asset FL 32117Recovery Phone: (732) 547-7907 Phone: (754) 888-5437 • Receivership Assignment for Benefit of Creditors’ International Client Practice 20 North Orange Avenue, Suite 1207 Business Law Orlando, FL 32801 • Business Succession Phone: (407) 648-9450 Plan • Business Transactions • Complex CommercialONLY Litigation

BY APPOINTMENT NEW and JERSEY • Directors Officers Liability 51 John F. Kennedy Parkway • Fiduciary Liability First Floor West Short Hills, NJ 07078 • ErrorsPhone: & Omissions (908) 403-8174 • General Counsel • General Business Litigation

WEBSITE GL’S__________________NAME OF WEBSITE____________________________

_X__YES ____ NO _X_ ATTACHED ____ COST THRESHHOLD LITIGATION & BILLING GUIDELINES: __X__YES _____ NO __X_ ATTACHED ARE FILES RECEIVED & BILLING OPENED WITH THIS CLIENT NOW? __YES IF SO NUMBER OF FILES __ONE (1) OFFICE: ___FORT LAUDERDALE ATTORNEY ___Jason Vanslette

TYPE OF LAW: __REAL ESTATE

LEGAL ASSISTANT _N/A

(PERSON FILLING OUT THIS FORM) _Kevin Escalante TO ADMINISTRATION _____________DATE

Master Client Contract (JMV)

CONTRACT FOR REPRESENTATION CLIENT ENTITY*:

___Mark Finkelshtein and Larisa Finkelshtein______

D/B/A:

________________________________________

STATE OF INCORPORATION: __________________________________ FEIN:

________________________________________

MATTER:

_ Finkelshtein v SDLRE Business, LLC__________

DATE:

___10/6/22__________________________________

REFERRED BY:

_David Lavalle, Esq. (Outside counsel)/ Jason Vanslette__

You have asked this Firm to act as your attorney in the above-referenced matter. This document sets forth our Agreement regarding your representation. This Agreement shall become effective upon our receipt of a fully executed copy of this document by a duly authorized officer/director/managing member/general partner of the Client entity, if applicable, identified by name and title as Mark Finkelshtein and Larisa Finkelshtein.

OFFER OF REPRESENTATION: This document shall be deemed as only an offer to represent the Client, which is time-sensitive and, if not accepted by receipt of the Client’s signed copy of this Agreement and the deposit for fees received in full and successfully processed by the Firm, this offer of representation shall automatically be withdrawn and the Firm will have no obligation to take any actions whatsoever under the present Agreement.

JOINT AND SEVERAL RESPONSIBILITY: In the event that the Client shall consist of more than one party, as identified in this Agreement), each of such parties shall be jointly and severally liable for the payment due to the Firm pursuant to the Firm’s representation of the Client.

MODIFICATION: Any modification, changes, or amendment to this Agreement or to any billing statement shall be in writing and signed by both the Firm and the Client.

REFUNDABLE DEPOSIT FOR FEES: You, as our Client, agree to pay a deposit of $7,500.00 to the Firm which will be retained in the Firm’s Florida trust account (make check payable to Kelley Kronenberg Trust Account) and the balance will be credited against fees due for legal services

Welcome Kit (To be created)

FORT LAUDERDALE 10360 W. State Road 84 Fort Lauderdale, FL 33324 Phone: (954) 370-9970

CLIENT SERVICES 1475 Centrepark Blvd., Suite 275

File #________________

BILLING METHOD EMAIL: ben1111@icloud.com WEBSITE:_____MAIL:_____SCAN:_____

CLIENT CONTACT FOR BILLING ISSUES AND/OR WEBSITE BILLING ISSUES____Larisa Finkelshtein__________________________________________________ CLIENT CONTACT_Larisa Finkelshtein_________________________________________ PHONE NUMBER___647-309-3609 _FAX NUMBER__________________________ EMAIL ADDRESS___ben1111@icloud.com_______________________________________ HOURLY RATE: $300.00 (PARTNERS) $300.00 (ASSOCIATES) $100.00 (PARALEGALS) BILLING PERIOD: _X__MONTHLY ____QUARTERLY ____SEMI-ANNUAL ____OTHER SPECIAL COST GUIDELINES:

1

OFFICES

NEW YORK

SUBMIT TO MS. SIMPSON

MARK FINKELSHTEIN AND LARISA FINKELSHTEIN 387 Cortleigh Blvd, North York, Ontario M5N1R4, Canada

TO BILLING _______________DATE

CHICAGO

OUR PRACTICES

NEW CLIENT INFORMATION FORM

CSIMPSON@KELLEYKRONENBERG.COM

NEW CLIENT NAME BILLING ADDRESS

No

Is the client the plaintiff or the defendant?

List all adverse parties List parties that are on the same side of the case Is this a rush?

14

Submitted:

NEW YORK CITY One Liberty Plaza 165 Broadway 23rd Floor, SuiteInsurance 2374 Defense Litigation New York, NY 10006 Phone: (800) 484-4381 • First Party Insurance Defense

• Insurance Coverage & Bad Faith • Occupational Claims/Occupational ATLANTA Accident Insurance 1100 Peachtree Street NE, Suite 200 • Personal Injury Protection Atlanta, GA 30309 Phone: (404) 990-4972 • Products Liability • Professional Liability Defense • Subrogation • Third Party Litigation / General Liability • Workers’ Compensation

Letter to Judge (GLB)

Nursing Home Defense Probate Litigation, Estate Planning and Guardianship • Estate Planning • Guardianship • Probate Litigation • Tax Planning

Sample Invoice (AG)

Justice for Kids®

Labor & Employment • Audits and Litigation • Compliance • OSHA • HR Compliance

RE:

The Blackstone Building, Inc., et al. v. Environmental Holdings Group, LLC, et al.

Case No. 2019-CA-004583 - Hearing 11/3/22 at 9:00 a.m.

Hearing Binder

Dear Judge Dearing: This firm represents Defendants Environmental Holdings Group, LLC and Controlled Demolition, Inc. (“Defendants”) in the above-referenced matter.

Real Estate • Commercial and Residential Evictions • Commercial Transactions (Closings) • Consumer Finance Litigation • Creditor Bankruptcy • Creditor Appeals • HOA/COA Representation • Title Curative/Quiet Title Litigation • Mortgage Banking and Lending Services • Residential Closings Regulated Substance Social Media Representation Trucking & Transportation

Medicare Set Aside Section Title | 4

WWW.KKLAW.COM | 800.484.4381 | INFO@KKLAW.COM

FORT LAUDERDALE | MIAMI | WEST PALM BEACH | NAPLES | DAYTONA | ORLANDO | TAMPA JACKSONVILLE | TALLAHASSEE | CHICAGO | NEW ORLEANS | ATLANTA | NEW YORK | NEW JERSEY | INDIANA

WWW.KKLAW.COM | 800.484.4381 | INFO@KKLAW.COM

Pursuant to your divisional instructions, enclosed please find a notebook containing the following materials for your review prior to the hearing on post-trial Motions, scheduled for Thursday, November 3, 2022, at 9:00 a.m.

FORT LAUDERDALE | MIAMI | WEST PALM BEACH | NAPLES | DAYTONA | ORLANDO | TAMPA JACKSONVILLE | TALLAHASSEE | CHICAGO | NEW ORLEANS | ATLANTA | NEW YORK | NEW JERSEY

1. Notice of Hearing 2. Defendants’ Motion for Remittitur and Alternative Motion for New Trial dated 10/10/22.

3. Defendants’ Notice of Filing Deposition Transcripts in Support of their Motion for Remittitur and Alternative Motion for New Trial dated 10/10/22. a. b. c. d.

Transcript of Excerpt of Proceeding (Argument on Motion in Limine) taken on September 20, 2022.

Transcript of Excerpt of Proceeding- Proffered testimony of Paul Del Vecchio) taken on September 21, 2022.

Transcript of Excerpt of Proceeding (Argument and Ruling) taken on September 21, 2022 Transcript of Excerpt of Proceeding (testimony of Richard Haines) taken on September 22, 2022

Holiday Gift Boxes

10360 West State Road 84 Ft. Lauderdale, Florida 33324 | Phone (954) 370-9970 Fax (954) 382-1988 IRS No. 65-0378773 | www.kelleykronenberg.com

INVOICE

INVOICE INVOICE# 1050773

INVOICE

INVOICE DATE: 09/09/22

INVOICE DUE DATE: NET 30 DAYS

PAGE 1

OLYMPUS INSURANCE CO. 4200 NORTHCORP PARKWAY SUITE # 400 PALM BEACH GARDENS , FL 33410 FOR PROFESSIONAL SERVICES RENDERED RE:

CLEAR RESTORATION A/A/O WALTER GONZALEZ VS OLYMPUS

YOUR FILE#: OIC20210100165.MATTER D/A:

06/25/2020

OUR FILE #: 02106579

DATE 08/01/22

TIMEKEEPER

SERVICES

HOURS

KZK

08/16/22

AAC

08/16/22

AAC

0.30 0.10 0.10

TOTAL HOURS & FEES:

RATE 185.00 100.00 100.00

0.50

AMOUNT 55.50 10.00 10.00

75.50

CASE COSTS ADVANCED DATE

DESCRIPTION OUTGOING MAIL - POSTAGE

AMOUNT ( TOTAL COSTS ADVANCED:

Rapid Response Task Force

Click to edit Section subtitle

Mediation

October 27, 2022

Judge Katie L. Dearing Duval County Courthouse 501 W. Adams Street, Suite 7029 Jacksonville, FL 32202

08/16/22

Client Pay (JMV)

Click to edit Section title Section Title | 3

10360 West State Road 84, Fort Lauderdale FL 33324 | Phone: (954)370-9970, Fax: (954)382-1988 www.kelleykronenberg.com

VIA FEDEX # 7703 3758 1649

Letter to Client (CAS)

.00 @

.00 )

7.82 7.82

Holiday Email (To be created)

CROSS-SELL

LOYALTY

(TESTIMONIALS, ETC)

ADVOCACY (REFERRALS)

BROCHURES Firm Brochure Redesign

OUR OFFICES GET TO KNOW US DIVERSITY, EQUITY, & INCLUSION SNAPSHOT

CHICAGO

A Firm Built on Relationships

INDIANA

Kelley Kronenberg is proud to spotlight and foster a diverse and inclusive workforce with

KELLEY KRONENBERG IS A MULTI-PRACTICE BUSINESS LAW FIRM. with over

more than

400

15

Attorneys

Locations

Founded in 1980, the firm is one of the fastest-growing law firms in Florida and amongst the largest in the U.S. The firm serves all types and sizes of public and private companies, including small businesses and individuals nationwide.

JACKSONVILLE DAYTONA ORLANDO TALLAHASSEE FORT LAUDERDALE

10360 W. State Road 84 Fort Lauderdale, FL 33324 Phone: (954) 370-9970

MIAMI

WEST PALM BEACH

• Participation in all programs hosted by the Leadership Council on Legal Diversity (LCLD) Kelley Kronenberg is involved in various organizations locally, regionally, and nationally in connection to

51 John F. Kennedy Parkway First Floor West Short Hills, NJ 07078 Phone: (908) 403-8174

W W W. K K L AW. C O M | 8 0 0 . 4 8 4 . 4 3 8 1 | I N F O @ K K L AW.C O M

Community service has been at the core of Kelley Kronenberg’s values since the firm’s inception over forty

WHY WE ARE DIFFERENT

years ago. We believe that supporting and giving back to our respective communities and helping others are fundamental obligations.

Recognizing the importance of our relationship to the communities in which we do business, the firm created Kelley

NAPLES

NAPLES

1570 Shadowlawn Drive Naples, FL 34104 Phone: (239) 990-6490

DAYTONA

128 Orange Avenue, Unit 306 Daytona Beach, FL 32114 Phone: (754) 888-5437

ORLANDO

20 North Orange Avenue, Suite 704 Orlando, FL 32801 Phone: (407) 648-9450

TAMPA

1511 North Westshore Blvd., Suite 400 Tampa, FL 33607 Phone: (813) 223-1697

JACKSONVILLE

10245 Centurion Parkway N, Suite 300 Jacksonville, FL 32256 Phone: (954) 370-9970

TALLAHASSEE

6267 Old Water Road, Suite 202 Tallahassee, FL 32312 Phone: (850) 577-1301

MIAMI

CHICAGO

20 N. Clark Street, Suite 1150 Chicago, IL 60602 Phone: (312) 216-8828

• The Florida Association of Women Lawyers

• Greater Fort Lauderdale Alliance

• The Cuban American Bar Association

• Association for Women Attorneys –

• Claims & Litigation Management Alliance

New Orleans

• Broward County Women Lawyers Association

• Jewish Federation

• TJ Reddick Bar Association

• Volusia Flagler Association of Women Lawyers

400 Poydras Street, Suite 2400 New Orleans, Louisiana 70130 Phone: (732) 547-7907

• German American Business Chamber

• Legal Aid Service Broward County

• Federal Defense Lawyers Association

• Coast to Coast Legal Aid of South Florida

NEW YORK CITY

• Caribbean Bar Association

• Leadership Council on Legal Diversity

NEW ORLEANS

One Liberty Plaza 165 Broadway 23rd Floor, Suite 2374 New York, NY 10006 Phone: (800) 484-4381

• Broward County Hispanic Bar Association

ATLANTA

1100 Peachtree Street NE, Suite 200 Atlanta, GA 30309 Phone: (404) 990-4972

We value and respect the strengths and differences among our employees, clients, and communities because they reflect our future successes.

Kronenberg Cares. Kelley Kronenberg Cares is a community involvement program that provides our attorneys, staff and their families with opportunities to join forces and work together to benefit charitable organizations and organizations of all types that support and benefit our local communities. At Kelley Kronenberg, we believe that

Diversity characterizes our clientele, our workforce and the areas of law in which we practice. The breadth of our practice areas enables our clients to rely on Kelley Kronenberg as a comprehensive resource to address and handle their most challenging and complex legal needs.

it is our responsibility to interact, contribute, engage and contribute positively to make a difference for others and for future generations.

We insist on ingenuity. We are pioneers in the areas of technological advancement and client services, which allows us to provide exemplary legal representation with efficiency and skill. Our clients deserve the highest level of service and we deliver it with flawless professionalism. We are committed to providing our clients with legal representation epitomized by integrity, dedication, and perseverance.

BY APPOINTMENT ONLY NEW JERSEY

COMMUNITY SERVICE

ETHNICITY

• Collaboration with Minority Bar Association

business, as well as diversity, equity and inclusion including:

TAMPA

NEW ORLEANS

OFFICES FORT LAUDERDALE

• Seminars on Diversity, Equity and Inclusion

WEST PALM BEACH

15

1475 Centrepark Blvd., Suite 275 West Palm Beach, FL 33401 Phone: (561) 684-5956

FORT LAUDERDALE | MIAMI | WEST PALM BEACH | NAPLES | DAYTONA | ORLANDO | TAMPA | JACKSONVILLE | TALLAHASSEE | CHICAGO | NEW ORLEANS | ATLANTA | NEW YORK | NEW JERSEY | INDIANA

GENDER

• Monthly Diversity Awareness Celebrations ATLANTA

1111 Brickell Avenue, Suite 1900 Miami, FL 33131 Phone: (305) 503-0850

For more information, visit www.kklaw.com.

over 400 employees.

WHAT WE DO 24/7 - MAKES THE DIFFERENCE

Kelley Kronenberg incorporates many initiatives and activities that foster diversity, equity and inclusion.

the convenience of

200

Employees

NEW YORK NEW JERSEY

INDIANA

5164 E. 81st Avenue, Suite 109 Merrillville, IN 46410 Phone: (219) 805-8065

The more things change, the more some things stay the same. As our clients grow and evolve, and as new legal and service trends emerge, our focus on diversity, ingenuity and professionalism ensures that Kelley Kronenberg will remain the strong and stable law firm that our clients and employees have come to rely upon.

CARES

KK/Nextwave Brochure

MEETING AGENDA RE: Align on Subject Matter Expert Curriculums & Referral Partnership Date: September 29, 2022 from 2-3p

Angelo Filippi

Joshua Higgins

OSHA, Labor & Employment, Rapid Response

Workers’ Compensation

Dominick Tamarazzo General Liability

Construction Litigation

Gary Brown

Goal: Gain an understanding of how we can mutually benefit each other and grow business.

Construction Litigation OVERVIEW

1) Nextwave Safety to present background, client profile, business model, and overall goals of the company.

ALIGN ON SUBJECT MATTER EXPERT CURRICULUMS & REFERRAL PARTNERSHIP September 29th, 2022 2 PM – 3 PM

Kelley Kronenberg’s experience spans many aspects of the construction industry and our attorneys understand that the needs of our clients in this industry are unique and complex. At Kelley Kronenberg, attorneys with differing areas of legal expertise work together to address not only the contractual and litigation needs of our construction

2) Discuss & develop a partnership program:

industry clients, but also the business, financial, risk management, regulatory, labor and employment, insurance, and workers’ compensation needs.

Nextwave’s value offer to KK:

OSHA

Pre-Litigation Services

A. Expose KK attorneys to their client base for referrals

• Assist during investigations (comprehensive, accident, complaint)

• Compensability decisions prior to needing an attorney (free consultation)

• Review safety program for compliance

• Fraud analysis

General Liability

• Defend OSHA citations

• Policy Review & Development:

• Coverage B - Employer Liability/Workers’ Comp Immunity

B. For WC/GL, Nextwave to encourage clients to add KK on their carriers’ panels

Our value offer to Nextwave: A. KK will provide content for educational curriculums with Subject Matter Experts:

• Training

• Spoilation of Evidence and how to preserve it

Pre-Construction

• Return to work policies

• Chain of custody issues

• Negotiation and drafting of construction agreements

a. Angelo Filippi (OSHA, Labor & Employment, and Rapid Response)

Labor & Employment

• Comprehensive WC plan

b. Josh Higgins (Workers’ Comp)

• DOL Compliance (overtime, employee classification, independent contractors, benefits, government

• Accident investigations

c. Dominick Tamarazzo (General Liability)

contracts etc.)

d. Gary Brown (Board Certified in Construction Law)

• Contract issues (Non-compete, Executive/Manager/C-suite contract drafting and disputes)

Post-Litigation Services

Regular Hourly Rate

• Non-Compete defense and enforcement

• Depositions

• Insured Employers: $150-$175

• Defense of Discrimination/harassment/whistle-blower claims (Government position statements/litigation)

• Mediations

• Employer Policies/Practices (risk avoidance)

• Trials

B. Nextwave will have a built in OSHA expert on-call (with established OSHA agent relationships) C. Nextwave can offer clients reduced “exclusive” partnership rates D. Include Nextwave in our Preferred Partner Network (Tom Choberka)

• Doctor conferences

Rapid Response • On-site assistance during OSHA visit to worksite • On-site assistance during DOL audits (wage-hour, I-9s)

3) Pilot Program (6 month test) – Align on # of curriculums, expectations, and value: • Should we convert a referral into a client, KK will refund the retainer amount.

• Should we not convert, KK keeps the retainer for the time spent on the educational curriculum.

• Accident investigations

From project inception to delivery (and beyond), Kelley Kronenberg represents all participants in the building

• Drug-free workplace policies

process, including design professionals, public and private owners, developers, general contractors, subcontractors, product manufacturers and suppliers, risk insurers, and sureties, involving a wide variety of residential, commercial, and industrial construction projects. Kelley Kronenberg’s attorneys counsel clients on all aspects of the design and construction process, assisting clients during project development, bidding, contract drafting and negotiation,

During Construction

construction, project close-out, and post-completion claims. Our attorneys are well versed in meeting the complex

• Prosecution or mitigation of construction claims including non-payments, delays, change order disputes, andchallenges that face our clients in achieving project completion on time and within budget. Our attorneys include

• dictated by the insurance carrier • Uninsured Employers: $300 / $250 / $150 with a $7,500 retainer

breach of contract

Regular Hourly Rate • Insured Employers: $225-$250

experts in their field who routinely write and lecture on construction law topics through national organizations such as National Business Institute (NBI), Strafford, Law Practice CLE, and MyLawCLE, as well as construction industry

Post-Construction

groups such as Construction Association of South Florida (CASF).

• Post completion, 558 notices, and construction defect claims Our attorneys strive to reach negotiated solutions in construction disputes whenever possible, but if we cannot

• dictated by the insurance carrier

achieve our clients’ goals by negotiation, we are fully prepared to proceed through all the stages of civil litigation

• Uninsured Employers: $300 / $250 / $150

Regular Hourly Rate $450 / $350 / $150 with a $7,500 retainer

Exclusive Hourly Rate $400/ $300 / $125 with a $7,000 retainer

Exclusive Hourly Rate • Insured Employers: $150-$175 • dictated by the insurance carrier • Uninsured Employers: $250 / $200 / $125 with a $7,000 retainer

or arbitration, including mediation, trial and appeals. We pride ourselves in thorough and detailed analysis of cases,

with a $7,500 retainer

often times with the assistance of skilled engineers and other industry experts, so that we know our cases better than our adversaries leading into mediation and trial, maximizing our clients’ recovery or mitigating their potential

Exclusive Hourly Rate

exposure. Our attorneys have ready access to the full range of resources necessary to assist our clients with any

• Insured Employers: $200-$250 • dictated by the insurance carrier • Uninsured Employers: $250 / $200 / $125

Regular Hourly Rate

construction problems, both large and small, and pride themselves on knowledgeable and personalized service,

always striving to achieve results efficiently and cost-effectively. $595 / $375 / $175 with a $7,500 retainer

with a $7,000 retainer

Exclusive Hourly Rate $450/ $350 / $150O with a $7,000 retainer

CLICK HERE TO READ MORE

CAMPAIGNS Summer Lovin’ - Talent Recuitment

Summer Lovin’ - Logo

Summer Lovin’ - Video

Summer Lovin’ - Posters, Flyers and Email Graphics

Independent Contractor

DE&I Committee

Social Graphics

DE&I Brochure

WE ARE DIFFERENT dIVERSITY EQUITY AND INCLUSION E-mail Graphics

2023 ANNUAL REPORT

SNAPSHOT

UNIQU ENESS IS YOUR SUPERPOWER! Diversity, equity, and inclusion are more than just words for us. They are the indelible principles guiding how we build our workforce, cultivate leadership, and create a company that is the right fit for anyone who seeks to join us.

DIVERSI TY

I, Heath S. Eskalyo, pledge to commit to the following: PERSONAL COMMITMENT • I will use my voice as a leader in my organization and in the profession to advocate for diversity and inclusion in the legal profession and in my community.

• I will use my position among my firm’s leadership to advocate for changes to improve the equity of processes such as work assignments, hiring, and compensation.

• I will meet bi-annually with my organization’s LCLD Fellows, Pathfinders, and Alumni to discuss their experiences within the organization, and require each individual to come to the meeting with a recommendation for how the organization could improve.

• I will reinforce a culture within my organization that encourages employees to come to and leave work each Leadership Pledge 4 day feeling that they have been authentically and visibly who they are, and by ensuring that employees feel Diversity, Equity & Inclusion Committee 6 valued, heard, and empowered as professionals.

• I will publicly demonstrate my commitment by using my platform to advocate for greater diversity in the legal Snapshot 9 profession and for the removal of systemic barriers to entry and advancement, through public engagements, by leveraging my professional network, through continued participation DEI in Activity and sponsorship of conferences and10-15 diverse bar events, and by advancing policies and initiatives to support this goal.

EQUI TY

TABLE OF CONTENTS

17

Diversity without equity is meaningless. We ensure equal opportunity to all employees and applicants, for employment and advancement without regard to race, religion, color, age, sex, national origin, sexual orientation, gender identity, genetic disposition, neurodiversity, disability, veteran status, or any other defining characteristic.

Inclusion unleashes the power of diversity. We endeavor to foster belonging and empowerment.

We strive to create workplaces that reflect the communities we serve and where everyone feels emboldened to bring their full, authentic selves to work. We are driven to build and nurture a culture where inclusiveness is a given, not a goal. As a firm and as individuals, we seek to create a sense of belonging that transcends any role, business unit, or locale.

Diversity, equity, and inclusion are at the core of who we are. Our commitment to these values is unwavering. They drive our mission and cultivate our impact. We know that having varied perspectives helps generate better ideas to solve the complex problems of a changing and increasingly diverse world.

Kelley Kronenberg Cares 18 ORGANIZATIONAL COMMITMENT • I will require human resources department and the firm’s diversity and inclusion committee to prepare and present to firm leadership an annual diversity and DEI Scholarship Program 21 inclusion action plan and related metrics.

Diversity 22 for • I will create a directory of lawyers who identify as diverse, and I will work with my firm to createPolicy an internal process to evaluate all client teams diversity.

• I will ensure that 30% of the lawyers in my firm are diverse, and are hired based on merit.

• Within two years, I will work with my firm to create partner compensation incentives so that partners are evaluated on their personal contributions to diversity and inclusion initiatives, including demographics of client matter teams, occasions when the partner has designated a diverse lawyer to serve in a senior client relationship role, introduction of diverse lawyers into client relationships.

• I will drive accountability for diversity & inclusion by:

Diversity, Equity & Inclusion 2023 Annual Report | 3

DIVERSITY, EQUITY & INCLUSION COMMITTEE Highlighting diversity and fostering inclusion throughout the firm has been imperative to the growth of Kelley Kronenberg and its ongoing development. To further the efforts of diversity within our organizational culture, the firm introduced a Diversity, Equity, and Inclusion Committee.

The Kelley Kronenberg Diversity, Equity, and Inclusion Committee is tasked with seeking out and utilizing our employees’ diversity in ways that bring new and richer perspectives to the firm and its clients. Additionally, the committee oversees and supports the ongoing evaluation process and related activities and initiatives that set clear expectations and accountability around diversity, equity, and inclusion across the firm. Kelley Kronenberg realizes that investing in our people yields the highest results--better business performance, increased productivity, greater profitability, and a happy workforce. Openness and support of diversity, equity, and inclusion allows our firm greater access to attract, engage, hire, and retain the best talent. Businesses with a healthy gender balance are more likely to outperform their competitors. Businesses with a good mix of ethnic backgrounds are more likely to outperform their competitors. Teams that are gender, age and ethnically diverse make better decisions. Kelley Kronenberg regularly and actively invests in the necessary tools, resources, and training year round in order to best compete and lead amongst its competitors.

CAROLINE CIMEI

Co-Chair of The DEI Committee Director Of Talent Acquisition, FTL

Co-Chair of The DEI Committee Director of Client Intake, TPA

ANNE SKINNER

SARA DESOUZA

ADEKEMI AKINWOLE

AMANDA HOBSON-GARCIA

CARLOS A. CARABALLOSANTIAGO

CHARLES LIGHTNER

DANIELLE M. SPRADLEY

EMMA S. MEYERSON

ELLIOTT HALSEY

ERICA A. SHOWELL

LAYLA V. FEBRES

MONICA D. OFFREDI

NICOLE W. LAZAROFF

PATRICIA REPANOVA

RYAN A. BECKER

SYDNI NIEVES

VANESSA CHAVEZ

ZACHARY J. SAWKO

Attorney, ORL

FELIPE GONZALEZ

IRINA DANILYAN

JORDAN LANDE

SAMANTHA MENDEZ

SAMUEL R. GOLDBERG

SUNITA SMITH

Legal Assistant, FTL

6 |

Diversity, Equity & Inclusion 2023 Annual Report

TV Graphics

Legal Assistant, TPA

DEI Coordinator Legal Assistant, FTL

Director of Digital Marketing, FTL

Attorney, FTL

Practice Group Partner, WPB

Partner, CHI

Practice Group Partner, FTL

Legal Assistant, ORL

Attorney, FTL

First Name Last Name | Title Why Diversity, Equality, and Inclusion is important to them. What does it mean to them.

Cab ilit velest quatiis is maxima dolorro vitatem poressu ntibus re etur aped ut doluptis namus mo et laboritio. Itae poreribus acea si ommodic te doluptiis vollacimi, si de officiae sitatquat magnis esseque nusdae dolupti des eaturib erumqua erepreh enimi.

Partner, FTL

Practice Group Partner, WPB

Partner, FTL

Attorney, TAL

Legal Assistant, FTL

Digital Marketing Coordinator, FTL

Attorney, FTL

Executive Administrative Assistant, FTL

Attorney, NAP

Attorney, FTL

Attorney, FTL

Attorney, WPB

Diversity, Equity & Inclusion 2023 Annual Report | 7

8 |

Diversity, Equity & Inclusion 2023 Annual Report

Activity

Awards and Recognition

INCLU SION

Just like our clients and our cases, each of our employees is different, and we like it that way! We are committed to celebrating the rich diversity of the people who enable, provide, and receive our services. We listen and engage with our diverse communities, every person taking on the role of both illuminator and illuminated. Our success comes from empowering freedom of thought and opinion in an environment of safety and mutual respect. Our work, activities, and interactions are enriched by celebrating our uniqueness as well as our commonality.

Diversity, Equity & Inclusion 2023 Annual Report | 9

Diversity, Equity & Inclusion 2023 Annual Report | 11

E-mail / Flyers

Starr Approved Panel for Florida and Louisiana

• • • • • • • • •

•

$4 million final demand for bodily injury to a schoolteacher when her car was struck by a left-turning tractor-trailer prior to trial. The case settled for $400,000 after close of evidence. $2.1 million final demand for an accident involving a sugar cane truck backing across a highway in rural Louisiana.

The tractor trailer had mud-encrusted reflectors. Case settled for $325,000 after close of Plaintiff’s case based upon careless operation and excessive speed of driver in foggy/dark conditions. $1.1 million final demand for premises defect case resulting in a department store customer breaking her leg requiring nail and pins to stabilize her tibia and a year of rehabilitation. The case was settled for $290,000 after cross-examination of Plaintiff who bore substantial comparative fault.

MSJ granted dismissing commercial landscaping company for grounds defect along casino sidewalk. MSJ also defeated casino’s claim for defense and indemnity under landscaper’s general liability policy.

MSJ granted for rental center slip-and-fall claim based upon Louisiana Merchant Liability Act, and the failure of Plaintiff to demonstrate slippery conditions were present long enough that store management should have been aware of it.

Trip & fall settlement with an ankle ORIF for $500 after establishing strong liability defenses and leveraging an MSJ. Aggressive approach by landlord to tenant by tendering defense and demanding tenant include landlord in settlement before landlord was sued directly and getting risk transferred with minimal expense and no indemnity.

Leveraged Independent Contractor Doctrine and Florida’s Proposal for Settlement Statute to get Plaintiff to dismiss a principal for the torts of the independent contractor where there was coverage for the independent contractor.

By doing this, we helped cut the cost of defense in half and limited the risk to the principal/named insured.

The Third District Court of Appeal affirmed a complete dismissal involving a premises liability lawsuit filed in Miami-Dade County. We represented the City of Sunny Isles Beach in the suit, which was filed when a minor was injured while playing on playground equipment at a city-owned park. We successfully argued the child’s conduct in misusing the playground equipment was the sole proximate cause of his injuries. The judge agreed and granted summary judgment, which the appellate court upheld.

A complete defense verdict was secured following a five-day jury trial held in Florida’s Nineteenth Circuit Court. At trial, the Plaintiff claimed more than $600,000.00 in economic damages and asked the jury for an award in excess of $2 million. Through the efforts of our team, our client was shielded from the damages sought and from an attorney’s fees and costs that would have been incurred had Plaintiff prevailed.

RELATIONSHIP PARTNER Heath S. Eskalyo

Principal Partner / Chief Financial Officer

954-370-9970 heskalyo@kklaw.com

David S. Henry

Chair of General Liability and Third-Party Insurance Defense

954-370-9970 dhenry@kklaw.com

Human Resources

E-mail Graphics

TV Graphics HR Benefits Brochure

FIRM BENEFITS OVERVIEW

W W W. K K L AW. C O M | 8 0 0 . 4 8 4 . 4 3 8 1 | I N F O @ K K L AW.C O M FORT LAUDERDALE | MIAMI | WEST PALM BEACH | NAPLES | DAYTONA | ORLANDO | TAMPA | JACKSONVILLE | TALLAHASSEE | CHICAGO | NEW ORLEANS | ATLANTA | NEW YORK | NEW JERSEY | INDIANA

Our people represent the best part of Kelley Kronenberg.

We believe that if we know their passions, goals, and aspirations, then we can chase those dreams together. We understand that everybody has different priorities, medical needs, and lifestyles.

LIFE & SUPPLEMENTAL COVERAGE

DISABILITY COVERAGE

Kelley Kronenberg’s wellness package offers a variety of cost-effective plans to support your health and financial goals.

Our basic life benefits are offered through

Our supplemental benefits are offered through

LIFE INSURANCE

SHORT-TERM DISABILITY

Life insurance benefits will be offered to all eligible employees.

Kelley Kronenberg will pay benefits in full.

Short-term disability is available at low-cost premiums. If you become disabled because of a non-occupational illness or injury and cannot work, you can be covered by the short-term disability insurance policy.

VOLUNTARY LIFE INSURANCE Voluntary life insurance will be offered to increase your life insurance coverage amount.

SUPPLEMENTAL INSURANCE COVERAGE Supplemental insurance coverage will be offered to cover unexpected events (i.e., Accident, Hospital Indemnity, and Critical Illness).

Elimination Period: Benefits can begin on the 8th day following an accident and the 8th day of a sickness.

2

**The following information is based on notable trends discovered upon reviewing the Client’s Audits of our invoices for fees and costs. Thus, it is imperative that you follow the strategies set forth below to ensure prompt payment, rather than audits, of our submitted invoices. Your compliance is appreciated.

Long-term disability insurance is paid in full by the firm. If you become unable to perform your regular job duties for an extended period of time due to sickness, or accidental injury, you can be covered by the long-term disability (LTD) policy.

Elimination Period: Benefits begin on the 91st day after you are unable to work due to a covered sickness or accident.

3

Mandatory Billing Entry Compliance

Duration of Benefit: You can receive short-term disability benefits for up to 12 weeks.

LONG-TERM DISABILITY

* NOT COMPLETED YET

Duration of Benefit: To Social Security Normal Retirement Age. 7

6

Do not bill more than 10 hours a day on State Farm files.

Only 1 Partner and 1 Associate on each file –

no multiple attorneys on file or events.

ADDITIONAL LINES OF COVERAGE

Do NOT bill the same task twice –

Attorneys – Do not bill for Paralegal tasks (see Guidelines)

Time spent on analysis of historical aerial imagery will be cut from 1.0 to 0.5.

State Farm will not pay for preparing budgets.

Review of incoming discovery should be billed at 0.1.

Get Adjuster Approval when needed (see Guidelines) –

LA’s may not bill for scheduling.

include Adjuster’s name

Our medical provider is Florida Blue offers the largest and strongest provider network in the country, which means you can choose any doctor, clinic, hospital, or healthcare facility in their national network.

We offer a variety of medical plans tailored to meet your needs.

DENTAL AND VISION

Our dental and vision benefits are offered through See below a list of our medical plans and their cost: BLUE OPTIONS 05301 - PPO

BLUE OPTIONS 05901 - PPO

BLUE OPTIONS 05180 - 05181 HSA

BLUE OPTIONS 03768 - PPO

$0.00

Per Pay Period * Employee Cost Only

DENTAL

PPO HIGH PLAN

PPO LOW PLAN

($5,000/yr. coverage)

($1,000/yr coverage)

VISION ADDITIONAL MEDICAL BENEFITS

We offer three dental plans, including a low-cost DHMO plan with a major carrier, and PPO plans with up to $5,000 in coverage.

GAP INSURANCE

EMPLOYEE ASSISTANCE PROGRAMS (EAP)

Gap insurance is offered as a supplemental plan, which acts as a cushion for employees with high deductibles.

FSA DEPENDENT CARE

KK’s EAP offers confidential counseling services to support employees’ wellbeing in the workplace and personal lives. It assists employees with issues including but not limited to family issues, financial concerns, relationship problems, mental illness or substance abuse issues.

FSA dependent care allows working parents and/or caregivers to reduce their annual taxes up to $700 for eligible dependent-care expenses. (daycare, after care etc. )

TRAVEL ASSISTANCE

PET INSURANCE DHMO DENTAL PLAN

We offer a comprehensive plan covering eye exams, prescriptions, and lenses or contact lenses, when receiving in network services.

HEALTH ADVOCATE SERVICES

ID THEFT PROTECTION

Health Advocate Services is offered for Short-term Disability claimants. This concierge service assists employees with seamlessly processing their Short-term Disability claims.

Norton LifeLock offers plans that include comprehensive identity theft protection and credit monitoring for you and your family.

LIFE SERVICES TOOLKIT

such as scheduling, reviewing transmittal letters, etc.

A Life Services Toolkit is included with our Life Insurance Policy, including online will preparation, grief counselling services, and other benefits.

WELLNESS

VIRTUAL VISITS

Challenges

Tele-medicine Services

Lifestyle Action Plans

Mental Health Appointments

Health Survey

Doctor Consultation Anytime

Rewards for Participation

Obtain Prescriptions for Acute Condition

HEALTH DISCOUNT PROGRAM Helps save on many health and wellness purchases not included in your standard health benefit plan 4

5

8

No duplicate entries.

No one can bill for Admin./Clerical/Overhead tasks –

Travel assistance is included with your Life Insurance Policy.

Pet insurance helps lessen the overall costs of veterinary care.

Upload/Attach all documents you refer to in the time entry.

No Excessive Billing –

you must provide sufficient detail/description to support the time entry.

MEDICAL BENEFITS

When reviewing documents/reports, you must include the number of pages reviewed.

9

In the Know - Newsletters NOW

IN THE

NOW

IN THE

M A R C H 2023

NOW

FIRST- PARTY PROPERTY APPELLATE EDITION

FIRST PARTY PROPERTY APPELLATE EDITION

FIRST- PARTY PROPERTY APPELLATE EDITION

F E B R UA RY 2023

IN THE

D E C E M B E R 2022

IN THIS ISSUE: • Attorney Fees

IN THIS ISSUE:

• Challenges to Standing – Assignment of Benefits • Appraisal

• Appraisal (Attorney fees)

• Post-Loss Duties (Prejudice Analysis)

• Post-Loss Duties (Notice Analysis)

• Bad Faith (Punitive Damages Claim)

IN THIS ISSUE: • Application of Section 627.7152, Florida Statutes • Recovery of Expert Fees • Recovery of Pre-litigation Attorney’s Fee • Reasonableness of Fees • Appraisal • Post-Loss Duties – SPOL (Waiver and Prejudice Analysis)

Florida

“In order to find that a survivor spouse

by home purchasers for the same peace of

Constitution, the most notable application is

has waived [or] relinquished homestead

mind. An enforceable title insurance policy is

for tax exemptions that many property owners

protection, evidence must demonstrate the

seize annually. Secondly, the homestead

also an invaluable safeguard to lender’s lien

survivor’s intent to waive the constitutional

provisions protect owners from force sales by

and statutory claim to homestead property.”

priority. In the event of default, lien priority

creditors. Thirdly, the homestead provisions

Rutherford, 679 So. 2d at 331.

For

example,

the

under

the

apply restrictions on how an owner can place a lien on their property or even devise the property (through a will) upon death. See art.

X, § 4, Fla. Const.

BACKGROUND:

Homestead Waivers in Mortgages— Valid?

By: Jason Vanslette, Editor and Business Unit Leader/Partner

KK TAKEAWAY: Mortgage provisions regarding homestead exemption waivers may not always be enforced by the courts depending on the homestead

contextual

applications

and

“intent” of the borrower when executing the mortgage itself.

NOW

the

surviving

was

the property after her death, the boilerplate provisions should not warrant a true waiver

homestead

exemptions

wholesale

loss

to

prevent

the

The court held, “Under these circumstances, we conclude, as did the trial court, that the

homestead exemption—the restrictions on

mortgage waivers are procedurally deficient

how an owner can devise a property when a

and insufficient to “evince an intent by

surviving spouse remains in the homesteaded

[Schocket] to waive [his] homestead rights.”

property.

Rutherford, 679 So. 2d at 330.

As the case with many residential mortgages,

Ultimately, the husband was able to keep the

Mae announced that it would begin allowing

spousal joinder (i.e., your spouse’s signature)

house despite the waiver of homestead in the

lenders to accept written opinion letters in lieu

must accompany your signature on a mortgage

mortgage itself. This should be a good lesson

of a lender’s title insurance policy in limited

to ensure the lien’s validity. However, there

for both owners in a “rush” to execute papers

circumstances.

is often times a homestead waiver built

in a closing, as well as to lenders who rely on

fanniemae.com/media/31151/display.

within the mortgage boilerplate language to

boilerplate provisions in their mortgages.

to foreclose a homesteaded property.

That being said, often times these waivers are utilized by an estate to sell a property after one of the spouses dies testate. As

rulings,

in the case of in Feldman v. Schocket, the

interpretations

and

applications.

In fact, many characterize these laws as Florida’s “legal chameleon”. See generally Harold B. Crosby & George John Miller, Our Legal Chameleon, the Florida Homestead Exemption I-III, 2 U. Fla. L. Rev. 12 (1949). This is mainly because the homestead protection has different definitions based on the context

rendering opinions of title.

of the homestead exemptions and rights.

homes.

and

date certain.

a bevy of other potential issues post-closing,

issue regarding the third application of the

laws have turned into a complex system of

farms

defects, omitted outstanding liens, fraud and

Appeal, in Feldman v. Schocket, took up the

Notwithstanding, the homestead exemption

of

a monthly payment coupon with late fee information and instructions to the borrower to return the coupon with the payment by a

for protection against loss due against title

towards alternative title products. Due to the Equitable Housing Finance Plans announced earlier this year by FHA, GSEs have begun to as attorney title opinion letters, in lieu of title

See

https://singlefamily.

American Land Title Association (“ALTA”) have

alternatives

to

title

risk, as alternatives products may increase risk of the lender. For example, title insurance provides coverage for forged or fraud in the

A crucial component to any real estate

attempted to sell the homesteaded property

transaction is the issuance of a title insurance

of the surviving husband after a hurricane

policy. Universally required by lenders, title

made the house inhabitable. The personal

insurance protects the insured from prior

representative tried to use the homestead

rights or claims that other parties may have

waiver provisions in the mortgage as a basis

to the property, and financial loss due to any

for the forced sale.

defects in title - all for a one-time fee at closing.

Title insurance is also overwhelmingly elected NOW |

that

insurance can increase lender and consumer

By: Jacqueline Costoya Guberman, Partner

IN THE

warned

5

conveyance deed, while an attorney opinion letter does not. Similarly, an attorney opinion letter can only opine as to items shown in a public records search and thus cannot provide coverage for items not discoverable or misindexed in the public records.

However, GSEs such as Fannie Mae has provided several limitations and safeguards 6 | IN THE

NOW

Pursuant to section Fla. Stat. §48.031(5), a person serving process shall place, on the first page only of at least one of the processes served, the date and time of service, his or her initials or signature, and, if applicable, his or her identification number. (Emphasis added).

BACKGROUND: The defendant titleholder (the “Titleholder”) in an underlying foreclosure case, filed an appeal of a non-final order in the foreclosure case denying their motion to quash service of process. The Titleholder moved in the trial court to quash service of process on the basis that the foreclosure plaintiff bank’s (the

“Plaintiff”) process server failed to identify the date and time of service on the summons issued to Title holder and did not initial or sign the summons, as required by section

In light of the clear language set forth in Fla. Stat. §48.031(5), the Bank confessed to the error in the summons issued to the Titleholder, and the Florida Third District Court of Appeal

48.031(5), Florida Statutes.

reversed the foreclosure court’s denial of the Titleholder’s motion to quash service and remanded for further proceedings.

Florida states:

Statutes

§48.031(5)

specifically

(5) A person serving process shall place, on the first page only of at least one of the processes served, the date and time of service, his or her initials or signature, and, if applicable, his or her identification number. The person requesting service or the person authorized to serve the process shall file the return-ofservice form with the court. (Emphasis added)

The ruling in Ottawa Properties 1 LLC is an important reminder that in Florida “strict compliance with the statutory provisions governing service of process is required in order to obtain jurisdiction over a party […] to assure that a defendant receives notice of the proceedings filed. Vidal v. SunTrust Bank, 41 So. 3d 401-403 (Fla. 4th DCA 2010)(Internal quotations omitted).

IN THE

NOW |

7

“Mini-Miranda” Warning In Mortgage Statement Can Be An “Attempt To Collect A Debt” Under The FDCPA By: R. Elliott Halsey (IL), Partner

KK TAKEAWAY: A mortgage servicer should be aware that the standard monthly mortgage statements required by the TILA may plausibly constitute communications in connection with the collection of a debt under the FDCPA if (a) they contain (1) “this is an attempt to collect a debt” language and (2) consequences of late payments.

8 | IN THE

NOW

BACKGROUND: Reversing a district court ruling that mortgage statements sent in compliance with Truth In Lending Act (“TILA”) are not communications in connection with the collection of a debt under the Fair Debt Collection Practices Act (“FDCPA”), the Eleventh Circuit in Daniels v.

Select Portfolio Servicing, Inc., 34 F.4th 1260 (11th Cir. May 24, 2022) ruled that the inclusion of the FDCPA’s “mini-Miranda” warning in the servicer’s monthly statements was an attempt to collect a debt.

The Court concluded they “attempt to collect a debt” under the FDCPA, noting that the statements expressly said they were “an attempt to collect a debt”, “all information obtained will be used for that purpose”

What Qualifies A Fee Expert?

By: Jason D. Silver, Attorney

put them outside of “communications in connection with the collection of a debt”.

The attorney’s fee expert can indeed make or break the case for the party fighting for or against the fees. Parties often try to seek a well-known name in the legal community, a former judge, or a

cannot be actionable under the FDCPA because they largely conform to the requirements of the TILA and its regulations,

“The Devil Is In The Details” Ensuring Proper Service Of Process By: Marc Marra, Partner

attempt to collect a debt.”

The key issue was whether the TILA’s requirement that the statements containing most of this information be sent to the borrower

The servicer argued that the statements

KK TAKEAWAY:

Yet, industry associations, such as the

Title Insurance and Alternative Title Products

Overall, this is an important development to watch for all parties actively engaged in loan origination.

look at accepting alternative products, such insurance. Specifically, in April 2022, Fannie

personal representative of the wife’s estate

The court citing Rutherford v. Gascon, stated,

there is currently a measured movement

statements largely followed, but none of the sample forms contain the words “this is an

outstanding principal, and interest rate. The standard monthly statements attached

where the subject property is located and must be insured against malpractice for

Although title insurance remains the standard

Recently, Florida’s Third District Court of

exemption in event there is default and a need

with entries for loan due date, payment due date, amount due, total amount due, interest-bearing principal, deferred principal,

accepted in the area where the subject property is located and provide gap coverage for the duration between the loan closing and recordation of the mortgage. Importantly, the attorney issuing the title opinion letter must be licensed to practice law in the jurisdiction

sale proceeds it can claim.

husband

unaware of his deceased wife’s will to sell

ensure the surviving spouse cannot claim the

After the Civil War, Florida created the

it is utilized.

4 | IN THE

Because

can make or break the amount of foreclosure

for protection. First, the opinion letter must be approved by Fannie Mae, be commonly

relying on an unpublished opinion from the Eleventh Circuit, Green v. Specialized Loan Servicing LLC, 766 F. 777 (11th Cir. 2019) which held that the servicer’s monthly mortgage

KK TAKEAWAY:

career expert witness.

What, exactly, however, satisfies the threshold?

What is the threshold? Judges can strike a witness and the testimony entirely if they do not find the witness to be an “expert.”

statement contained no language “beyond what is required by [the] TILA” and therefore did “not rise to the level of being unlawful debt collection language.”

This happened recently in a trial court in Broward

The Court noted that a communication can

testified before.

have “dual purposes” such as providing a consumer with information and demanding payment on a debt. The Court acknowledged that TILA requires servicers to send borrowers monthly statements detailing important information about the loan, but without the “this is an attempt to collect a debt” language, as distinguished in Green.

The TILA regulations include three sample standard forms for the required monthly mortgage statements which the servicer’s

County, Florida in a case between a homeowner’s association which was sued by an individual. The sitting judge struck a witness and its testimony entirely simply because the witness had never

The witness was a practicing attorney who had experience in litigation and billing practices and even knowledge and experience on billing practices in the field of law of the case being heard.

Fourth District Court of Appeal based out of West Palm Beach very recently reversed the decision in an opinion dated October 26, 2022 and provided helpful guidance on the analysis of expert witness criteria.

IN THE

NOW |

9

Presentations Recruiter Partnership Program

PIP Case Law Update

Protect Your Bottom Line

KK/Tobias: Estate Planning

PROTECT YOUR

BOTTOM LINE

Important Tips for Mitigating Risk GARY BROWN

SAM ITAYIM

NURY PEREIRO

Partner

Partner

Partner, Construction Litigation, Board Certified in Construction Law

CATHERINE ARPEN Attorney

PROTECT YOUR BOTTOM LINE

Risk Transfer Opportunities Contractual Provisions Indemnity Provisions

•

Broad Form

•

Intermediate Form

•

Limited Form

Opportunity to partner together •

o Key efforts are focused on expansion and finding laterals with books of business •

•

o

AIA A201 General Conditions § 3.18

o

Common Law Indemnity

Anti-Indemnity Statutes

Learn more about Kelley Kronenberg

o

Fla. Stat. § 725.01

o

Fla. Stat. § 725.06

o

Fla. Stat. § 725.08

Creation of foundational estate planning to work in concert with your beneficiary planning in investments.

PROTECT YOUR BOTTOM LINE

| 2

Risk Transfer Opportunities

1. Plaintiff’s “Billed Amount” Argument

Insurance Requirements Commercial General Liability

1980 – KK started as a Workers’ Compensation only Firm

a. Fla. Stat. 627.736(5)(a)(5):

1987 – Michael Fichtel, current CEO, joins the firm

“Business Risk” Exclusions (J5, J6, 2l (“Your Work”))

•

Additional Insured Status

time of issuance or renewal that the insurer may limit payment pursuant to the schedule of charges specified in this

1989 – Howard Wander, current COO, joins the firm

paragraph. A policy form approved by the office satisfies this requirement. If a provider submits a charge for an

1995 – Heath Eskalyo, current CFO, joins the firm

amount less than the amount allowed under subparagraph 1., the insurer may pay the amount of the charge

2000 – KK begins to diversify its practice areas – total number of employees 25 – new locations continue to open

submitted.”

o

Broad vs. Specific Form Endorsements

o

Primary / Non Contributory

o

“Other Insurance” Clauses

o

“Pro-rata” Clauses

Be aware of endorsements!

Professional Liability

ii. Plaintiff interprets this provision to require Defendants to pay bills at the amount billed (if they are less than Fee

2019 – KK completes construction and opens state-of-the-art corporate headquarters in Fort Lauderdale

Subcontractor Default Insurance (SDI)

Schedule amounts) at 100% (not 80%)

Bond Requirements

2020 – Daytona, Naples, and New Orleans offices open

Benefits of having cohesion between your financial plan and estate plan to avoid litigation and create efficient financial management.

Payment and Performance Bonds

2022 – KK breaks ground on 2nd FTL building – 450 employees We Are Different

•

i. “An insurer may limit payment as authorized by this paragraph only if the insurance policy includes a notice at the

Different than CGL and SDI coverage

| 3

I. Billed Amount Case Law Update

| 4

PROTECT YOUR BOTTOM LINE

Construction Defects/Claims

We are proud of our history and celebrate our continued growth as one of the fastest-growing law firms in Florida.

Alternate Dispute Resolution Fla. Stat. § 558 Notices Pre-suit Mediation Arbitration Dispute Resolution Board (DBR)

We Are Different

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PROTECT YOUR BOTTOM LINE

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Meet n’ Greets for Referral Business: Roadshow to Miami

AGENDA

FIRM OVERVIEW

FTL

FTL

GARY BROWN

JIM SILVER

NATALIE KAY

ANGELO FILIPPI

gbrown@kklaw.com

jsilver@kklaw.com

nkay@kklaw.com

afilippi@kklaw.com

Partner

October 21, 2022 12–1:30 pm

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FTL

Partner

CONSTRUCTION LAW

FTL

Partner

BUSINESS BANKRUPTCY

Partner

FAMILY LAW

LABOR & EMPLOYMENT | OSHA

FLORIDA AND ILLINOIS PARTNERSHIP WORKERS’ COMPENSATION

GOAL: Gain an understanding of each units’ practice and the types of referrals required.

MIA

Scott McCloskey

Principal Partner / Chief Operating Officer Fort Lauderdale Phone Mobile Fax Email

(954) 370-9970 (954) 661-8058 (954) 382-1988 hwander@kklaw.com

Attorney Jacksonville

a. What would we be surprised to learn about you? b. What do you like to do on the weekends? c. Share your most unusual client meeting

Phone Email

(954) 370-9970 smccloskey@kklaw.com

d. Why did you decide to become an attorney?

3) Who is your ideal client? What is their role?

4) Deeper Dive into specific practice areas. How do

MIA

MICHELLE SEALEY

MIA

JOSHUA ROSENBERG

ERIC GRESSMAN

Partner

Partner

Partner

atrejo@kklaw.com

msealey@kklaw.com

jrosenberg@kklaw.com

egressman@kklaw.com

FIRST PARTY INSURANCE DEFENSE

FIRST PARTY INSURANCE DEFENSE

TEAM

2) Icebreaker Questions:

Howard Wander

MIA

ALISON TREJO Partner

CARMELA JACKSON Partner

MUNIR BARAKAT Partner

LIZBELL LUCERO Partner

ALAN SWINDOLL Partner

MICHELLE RODRIGUEZ Attorney

ALBERTO ORTIZ Attorney

DANIELLE WALLIS Partner

CHRISTINE SOTO Partner

RAUL MARRERO Attorney

MARTHA VALENZUELA Attorney

MARIA ZAPATERO Attorney

PROBATE LITIGATION, ESTATE PLANNING, GUARDIANSHIP ROBERT SEGEAR Partner

AIDA DENIS Partner

DANIELA K. PRETUS Attorney

JOSE CARLOS GONZALEZ Attorney

FIRST PARTY INSURANCE DEFENSE

TEAM

been with Kelley Kronenberg.

TEAM

Name, Practice, Years Practicing, how long you’ve

RELATIONSHIP PARTNERS

TEAM

1) Introductions around the room:

KEYONDRA PARRIS Attorney

BENJAMIN JAFFE Attorney

you grow your business?

TEAM LEADERS Sam Itayim

Partner Team Leader, PIP Palm Beach County

Jordan Greenberg

Partner, Workers’ Compensation Tallahassee

An Award-Winning Law Firm, Amongst the Fastest Growing in Florida & Largest in the U.S.

Phone Mobile Fax Email

(850) 577-1301 (850) 491-3296 (954) 382-1988 kfernandes@kklaw.com

Phone Mobile Email

(561) 684-5956 (561) 702-7654 jgreenberg@kklaw.com

Bankruptcy & Creditors’ Rights • Construction Law

WWW.KKLAW.COM | 800.484.4381 | INFO@KKLAW.COM FORT LAUDERDALE | MIAMI | WEST PALM BEACH | NAPLES | DAYTONA | ORLANDO | TAMPA | JACKSONVILLE | TALLAHASSEE | CHICAGO | NEW ORLEANS | ATLANTA | NEW YORK | NEW JERSEY

Standing by You Through it All Contact Us Today

ASK_ME@KKLAW.COM | 800.484.4381 | WWW.KKLAW.COM

FTL

FTL

FTL

TRACY NEWMARK

JIM SILVER

GARY BROWN

JOSHUA ROSENBERG

tnewmark@kklaw.com

jsilver@kklaw.com

gbrown@kklaw.com

jrosenberg@kklaw.com

Partner

December 8, 2022 11:30 am

Flyers First Party Property Appellate Team As the first-party property insurance industry has remained significantly litigious, Kelley Kronenberg has maximized its efforts to bring positive changes to the law for the benefit of all of its clients by establishing an expertise in appellate law. Our appellate team has a combined portfolio of more than 100 written court opinions impacting case law precedence across the state. At every stage of the process – deciding whether to appeal, determining the chance of success on appeal, preparing legal briefs, presenting oral arguments, and advising on the impact of appellate decisions – Kelley Kronenberg’s First Party Property Appellate Team provides clients with expert guidance and representation in all appellate jurisdictions.

Partner

MIA

Partner

BUSINESS BANKRUPTCY, CREDITORS’ RIGHTS, & INSOLVENCY

Partner

CONSTRUCTION LAW

2) Icebreaker Questions: a. What would we be surprised to learn about you? b. What do you like to do on the weekends? c. Share your most unusual client meeting. d. Why did you decide to become an attorney?

3) Who is your ideal client? What is their role?

4) Deeper Dive into specific practice areas. How do you grow your business?

WPB

WPB

JOHN RIORDAN

WPB

JAKE HUXTABLE

WPB

CASEY MULLIN

Partner

Partner

jriordan@kklaw.com

jhuxtable@kklaw.com

cmullin@kklaw.com

FIRST PARTY INSURANCE DEFENSE

FIRST PARTY INSURANCE DEFENSE

FIRST PARTY INSURANCE DEFENSE

MELANIE WESEMAN Partner

SAMUEL GOLDBERG Associate

MELISSA USHER

Practice Group Partner

ROBERT DIMARCO Associate

ZACHARY SAWKO Associate

Partner

VARISA LALL DASS Associate

5) What is the process of referring clients to other units?

ADMISSIONS Florida • Georgia • United States Court of Appeal, Eleventh Circuit

SELECTED OPINIONS w Expert Inspections, LLC d/b/a ITest d/b/a Moldexpert.com a/a/o Pat Beckford v. United Property & Casualty Insurance Company, 333 So.3d 200 (Fla. 4th DCA 2022) (holding that an insurer cannot be required to follow the terms of an AOB contract where the insurer is not a party to that contract). w The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Maria Amadio v. Olympus Insurance Company, Case No. 5D21-2955 (Fla. 5th DCA July 22, 2022) (interpreting section 627.7152, F.S., as applying to AOB contracts executed after the enactment of the statute, finding the policy inception date irrelevant to the analysis).

Kimberly J. Fernandes Partner Tallahassee | Atlanta T: (850) 577-1301 kfernandes@kklaw.com

w Saunders v. Florida Peninsula Insurance Company, 314 So.3d 592 (Fla. 3d DCA 2020) (interpreting the “faulty workmanship” policy exclusion to include the workmanship process as well as the finished product in affirming the insurer’s denial of a property damage claim).

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w The Kidwell Group, LLC d/b/a Air Quality Assessors of Florida a/a/o Benjamin Kivovitz, Case No. 4D21-2843 (Fla. 4th DCA June 15, 2022) (enforcing the new section 627.7152, F.S., requirement of including a line-item estimate with an AOB contract at the time of execution)

ADMISSIONS Florida • U.S. District Court, Northern District of Florida • U.S. District Court, Middle District of Florida

SELECTED OPINIONS w Progressive American Insurance Company v. Glassmetics, LLC, No. 2D21-488, 2022 WL 1592154 (Fla. 2d DCA 2022) (“we reverse the trial court’s order and its conclusions (1) that the appraisal provision was against the public policy underlying section 627.428; (2) that the appraisal provision failed to provide sufficient procedures and methodologies; (3) that Progressive waived its appraisal right; (4) that the appraisal provision was unenforceable because Progressive failed to prove that the insured knowingly, voluntarily, and intelligently waived his rights of access to courts, to a jury trial, and to due process; and (5) that the appraisal provision contains an ambiguity.”).

Daniel Montgomery Partner Jacksonville T: (904) 549-7700 dmontgomery@kklaw.com

w All Auto Glass v. Progressive American Ins. Co., Case No. 2018-SC-3126, 2019-33-AP (Fla. Seminole Cnty. Appellate Division.) (“reversing trial court, holding ruling of district court of appeal in jurisdiction other than where trial court is located is binding upon trial court absent conflict with another district court of appeal. ) w Progressive Am. Ins. Co. v Broward Ins. Recovery Ctr., LLC, 322 So. 3d 103 (Fla. 4th DCA 2021) (“reversing trial court, holding prohibitive cost doctrine inapplicable to appraisal”).

ADMISSIONS Florida • District of Columbia • United States District Court, Southern District of Florida • United States District Court, Middle District of Florida • United States District Court, Northern District of Florida • United States Court of Appeals, Eleventh Circuit Supreme Court of the United States

SELECTED OPINIONS w Taffe v. Wengert, 775 F. App’x 459 (11th Cir. 2019) (reversing the denial of summary judgment in the district court for the sheriff and finding the sheriff was not negligent in the hiring, supervision, or retention of deputy sheriff) w Taffe v. Wengert, 140 S. Ct. 1106, 206 L. Ed. 2d 179 (2020) (Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied).

Louis Reinstein Partner Fort Lauderdale T: (954) 370-9970 lreinstein@kklaw.com

w Williams v. Tony, 319 So. 3d 653 (Fla. 4th DCA 2021) (holding the plaintiff inmate was not an intended third-party beneficiary of the contract between county sheriff and inmate medical services provider, and, thus, could not pursue a negligence claim against provider based on the contract). w People’s Tr. Ins. Co. v. Progressive Express Ins. Co., 336 So. 3d 1207 (Fla. 3d DCA 2021) (holding the commercial automobile liability policy excluded coverage for property damage caused by improper operation of mobile crane mounted on a truck). w Watkins v. Pinnock, 802 F. App’x 450, 454 (11th Cir. 2020) (holding that the plaintiff’s proposed amendments could not cure the deficiencies in the fifth amended complaint as the factual allegations did not support deliberate indifference by the nursing staff).

PROBATE LITIGATION, ESTATE PLANNING, & GUARDIANSHIP

GOAL: To gain an understanding of each practice area and the types of referrals needed to grow your business.

1) Introductions around the room: Name, practice, years practicing, how long you’ve been with Kelley Kronenberg.

Family Law • Workers’ Compensation • Insurance Defense Litigation Data Privacy & Technology • Social Media Representation • And More

AGENDA

FAMILY LAW

Business Law • Complex Commercial Litigation Employment Law • Probate & Estate Planning • Real Estate

Meet n’ Greets for Referral Business: Roadshow to West Palm Beach

TEAM

40+ Years Meeting the Needs & Exceeding the Expectations of our Corporate and Individual Clients

Partner, General Liability & Third-Party Insurance Defense West Palm Beach

40+ Years Meeting the Needs & Exceeding the Expectations of our Corporate and Individual Clients An Award-Winning Law Firm, Amongst the Fastest Growing in Florida & Largest in the U.S.

Standing by You Through it All Contact Us Today ASK_ME@KKLAW.COM | 800.484.4381 | WWW.KKLAW.COM FORT LAUDERDALE | MIAMI | WEST PALM BEACH | NAPLES | DAYTONA | ORLANDO | TAMPA JACKSONVILLE | TALLAHASSEE | CHICAGO | NEW ORLEANS | ATLANTA | NEW YORK | NEW JERSEY

TEAM

Kim Fernandes

(561) 684-95956 (727) 480-1327 cprior@kklaw.com

TEAM

Phone Mobile Email

TEAM

(954) 370-9970 (954) 258-4447 sitayim@kklaw.com

other units?

Charles Prior

Partner Team Leader, PIP Miami-Dade, Broward, Lee & Collier Counties Phone Mobile Email

5) What is the process of referring clients to

JORDAN GREENBERG Partner - GL (DAVID HENRY UNIT)

JOHN DEJAGER

Associate - Construction (BROWN-HARLEY UNIT)

Social Media

TV Graphics

Video

Developed “Side Bar with Kelley Kronenberg” name and brand for video series

Title Cards Elevator Pitch - Amy Siegel Oran

Elevator Pitch Videos • Managed video production with outside vendor • Directed on-set • Scouted locations

Elevator Pitch - Angelo Fillipi

Elevator Pitch - James Silver

Elevator Pitch - Natalie Kay

Elevator Pitch - Robert Friedman

Side Bar - JMV Unit

Side Bar - JMW Unit

Side Bar - JMV Unit

Side Bar - JMW Unit

How to Avoid Litigation and Mitigate Risk

Expected Impact of the 2023 Housing Market Forcasts

How To Get Ahead of Your Hurricane Ian Claims

How to Conduct a Successful Initial Investigation

Side Bar - JMV Unit Elevator Pitch - Joshua Higgins

Elevator Pitch - Tracy Newmark

How a Broad-Range Foreclosure Team CAn Improve Litogation Outcomes

Video for ICIMS Portal

Web Graphics 510 x 202

1157 x 459

Projects By The Numbers BRANDING 1

Diversity Chart

1

Cross-Sell Flow Chart

1

Review of Client Touchpoints

1

Letterhead

4

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1

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2

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1

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35

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12

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UPCOMING PROJECTS Black Books

8

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Full brand repositioning Brand training

10

PRINT

New HQ building unveiling Konnect (KK’s intranet) restructure

310 SOCIAL MEDIA 111

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20

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5

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12

Title Cards

6

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10

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35

EMAIL/FLYERS

OVER 600 Projects/Graphics Since June 2022