Res Gestae - November 2021

Altering the agricultural landscape in Florida

Mario's Meat Market & Deli bringing fresh and tasty to the table THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • NOVEMBER 2021

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contents on the cover

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ad directory

New Agricultural Trends are Taking Root Keith Grossman, Esq.

special features

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Meditation Brings Balance to Your Personal and Professional Life Catherine Kahle, Esq.

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departments 6 Letter from the President

23 Legal Lens

8 Letter from the Executive

28 Guest Attorney

Blake Hampton, Esq.

Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

Henry Lee Paul, Esq.

14 Practice Section

General Civil and Business Litigation

Carlos A. Kelly, Esq. and George H. Knott, Esq.

16 YLD Spotlight

Katherine E. Camadeco, Esq.

18 100 Club

Bench Bar Gala Naples Company Almost Topples U.S. Patent and Trademark Office

Mark Nieds, Esq.

30 The Dish

Mario's Meat Market and Deli

Lauren Baugh

32 New Members 34 5 Things You Don't Know

About Me Scot Goldberg

36 5 Things You Don't Know

About Me

Edison National Bank

38 In The News

Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Barbara Pizzolato Bounds Law Group Boy, Agnew, Potanovic Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Denise Kennedy Direct Impressions Donna Tisch Edison National Bank Frank Piazza, P.A. Get Smart Bail Bonds Goldberg, Noone Abraham Henderson, Franklin, Starnes & Holt, P.A. Kelleher Law, PA Lake Michigan Credit Union Law Firm of Scott T. Moorey Law Office of Carolann A. Swanson Law Offices of Dennis L. Webb Leonard P. Reina Mark B. Yeslow McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Premier Investigations & Process Services REAS, Real Estate Advisory Services, LLC Roetzel & Andress Sheldon E. Finman, P.A. Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The Law Office of Catherine A. Kahle, PLLC The North Law Firm, P.A. Wright Mediation

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LeeBar.org

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president's letter Happy November! It seems like yesterday that I was being sworn in at the January luncheon and now there is just one month left in my presidency.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

I’m proud of what has been accomplished this year.

We have been able to offer virtual CLEs for our practice sections and committees. We expanded the LCBA board and now have two nonvoting Judicial Liaisons. The Diversity and Inclusion committee has quadrupled in size. We opened the membership to include paralegals and friends of the Bar as a way of recognizing their impact on the profession.

We created new, modern, and cohesive logos for the LCBA and LCBA Foundation. We offered inspired programming for our monthly luncheons focused on topical issues like diversity and inclusion, and clean water.

SECRETARY

Kathleen Smith, Esq.

VICE PRESIDENT

TREASURER

Tiffany Pereira, Esq.

Spencer Cordell, Esq.

YLD President - Shirlarian "Shae" Williams, Esq. President Emeritus - Matthew Roepstorff, Esq BOARD MEMBERS

Peter Knize, Esq. Michael Anthony Pica, Esq.

BENCH-BAR GALA

LAW RELATED EDUCATION

Dawn Maselli, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

Kelly L. Fayer, Esq. and Ita Neymotin, Esq.

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.

HISTORY

MOCK TRIAL

Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO

Andrew Banyai, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq. and Bill Merchant, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

INTELLECTUAL PROPERTY

Alex Brockmeyer, Esq.

Luca Hickman, Esq. and Mark Nieds, Esq.

When I think of Thanksgiving, I always picture the cornucopia, or the ‘horn of plenty’, sitting in the middle of the table filled with veggies, flowers, and other goodies. This Thanksgiving decoration is often associated with the Greek goddess of the harvest, Demeter, and is thought to symbolize abundance and nourishment. What a perfect symbol for Thanksgiving and for our upcoming November luncheon.

Our focus will be on Agriculture Law, which not only ties in well with the season, but has such a long and vibrant history in Southwest Florida. I hope you’ll join us on November 19th for the luncheon, please register in advance to attend.

From the LCBA staff, Board of Directors, and I, have a very Happy Thanksgiving!

CORPORATE LAW

Mairin Roepstorff, Esq. and Alicia Olivo, Esq.

LAND USE AND GOVERNMENTAL LAW

CRIMINAL LAW

Sarah Spector, Esq. and Erica Woods, Esq.

Kathleen Fitzgeorge, Esq. and Leah Harwood, Esq. ELDER LAW

Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW

Christina Holly, Esq. and Mellany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

Carlos Kelly, Esq. and George Knott, Esq.

Blake P. Hampton, Esq. Blake@Hampton.law | 239.309.0090

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John Miller, III, Esq. Andrea Pleimling Smith, Esq.

committee chairs

We’re continuing to look ahead and make changes that are beneficial for our members and our whole organization. I’m very grateful to have led the LCBA throughout 2021 and am happy it’s not quite over yet. Our accomplishments this year would not have been possible without our Director, Lauren Baugh.

Speaking of being grateful… November offers us a wonderful opportunity to reflect on all our blessings. For the first time in two years, my family will be together to celebrate Thanksgiving and I’m looking forward to spending time with each of them.

I hope you can be with family, friends and loved ones for the holiday this year.

PRESIDENT

Blake Hampton, Esq.

LeeBar.org

REAL PROPERTY, PROBATE AND TRUST LAW

Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq. SOLO & SMALL FIRM

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

executive director's letter October was a lively month for the LCBA! We honored our judiciary with our BenchBar Gala, where we had a wonderful time, enjoyed amazing food and appreciated awesome company. I thank all our Gala sponsors. Without them, this event simply cannot happen.

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

239.334.0047 ResGestae@LeeBar.org

staff PUBLISHER

Diamond Sponsor - US Legal Support. Platinum Sponsors - Camadeco Law Group PLLC., Cole, Scott & Kissane,

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR

CopyLady, Inc. and Edison National Bank. Music Sponsor - Associates & Bruce L. Scheiner.

Gold Sponsors - Boyle, Leonard & Anderson, P.A., Fort Myers Court Reporting and Goldstein, Buckley, Cechman, Rice & Purtz.

Silver Sponsors - Dal Lago Law, Dennis L. Webb, P.A., Henderson, Franklin, Starnes & Holt, P.A. and Law Offices of Michael A. Raheb, P.A. Bronze Sponsors - Boy, Agnew, Potanovic and Pavese 2021 Bench Bar Gala, Diamond Sponsor – US Law Firm. Valet Sponsor - John Legal Support (Brian Riley and Courtney Dorsey) Webb Legal Group.

Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Blake Hampton, Esq. Lauren Baugh Henry Lee Paul, Esq. Carlos A. Kelly, Esq. George H. Knott, Esq. Katherine Camadeco, Esq. Catherine Kahle, Esq. Mark Nieds, Esq. Edison National Bank Scot Goldberg, Esq.

We also honored our LCBA Member Pro Bono Superstars at our Annual Pro Bono Awards Luncheon. Thank you to those who serve our community via pro bono work! If you are interested in joining this list of Superstars, please let me know.

We are now in November and will round out this years luncheons with the topic of Agricultural Law slated for November 19. We will learn about the Florida agricultural community and much more.

Register at www.leebar.org to attend. We have many other CLE opportunities, so check our calendar and website.

Our LCBA Holiday Party is coming soon! It takes place on December 9th from 5:30 - 8:30 PM at the Edison Restaurant and Bar. We are laying out our calendar for next year. If you want to see an event in 2022, let me know. I am always open to new ideas, CLEs, socials, etc.!

I am often asked, “How can I get more involved?” Easy answer — become a sponsor! Join the elite list of firms, companies and individuals who help to fund all the wonderful events we hold.

Contact me, and we can chat about all the opportunities.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC pr + marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC pr + marketing.

Copyright©2021 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.

Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102

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calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!

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LCBA YLD and LCAWL CLE

Noon – 1 p.m.

Location: The Lee County Public Works Building Topic: Trust Me, I'm an Expert: The Road to Board Certification Speaker: Suzanne Boy, Esq., Spencer Cordell, Esq., Amy McGarry, Esq., P.J. Scheiner, Esq. Register at LeeBar.org

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RPPTL Law Section Virtual Meeting

Noon – 1 p.m.

Topic: Tax Traps for Trusts Speaker: Michele M. Hoover, CPA Register at Leebar.org

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ADR Section Virtual CLE

19

LCBA Agriculture Law Luncheon

Noon – 1 p.m.

Topic: Employment Law Issues for Mediators Speakers: Suzanne Boy, Esq. Register at LeeBar.org

Noon – 1 p.m.

Location: Sidney & Berne Davis Art Center Panelists: Al Curry, Katherine English, Esq., Ricky Pritchett and E. Bruce Strayhorn, Esq. Moderator: Tiffany Pereira, Esq. LCBA Members: Free LCBA Non-Members: $25 Register at LeeBar.org

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Thanksgiving Day Holiday

LCBA offices and courts will be closed

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Thanksgiving Holiday

LCBA offices and courts will be closed

Hello November Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events.

Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.

Thank You to Our 2021 Annual Sponsors

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ethically speaking

ENFORCEMENT OF PROFESSIONALISM REMAINS DISCIPLINARY PRIORITY

by henry lee paul, esq.

A

s we enter the holiday season, it is a good time for members of The Florida Bar to take time to reflect on their practice and remind themselves of the importance of treating those they deal with throughout the year with civility and respect. Failure to practice civility not only impacts a lawyer’s mental health, wellness and quality of life, it may very well lead to the imposition of discipline by the Florida Supreme Court that may include the requirement to enter into a rehabilitation contract with Florida Lawyers Assistance (FLA).

The enforcement of professionalism continues to be a priority for both The Florida Bar and the Florida Supreme Court. Professionalism is not merely aspirational. Discipline is now routinely imposed for unprofessional conduct in violation of the Standards of Professionalism: the Oath of Admission to The Florida Bar, the Creed of Professionalism, the Professionalism Expectations, The Rules Regulating The Florida Bar and decisions of the Florida Supreme Court.

Recent disciplinary consent judgment cases are representative of the enforcement of the Standards of Professionalism. In SC21-549, the

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Respondent received a public reprimand with one year of probation including the requirement that he enter into a rehabilitation contract with FLA and abide by all conditions of the contract.

Respondent’s misconduct included making “unprofessional remarks and disparaging statements about opposing counsel and the trial judge in letters, emails and court pleadings.” Respondent also falsely accused opposing counsel of submitting a “fraudulent” proposed order to the court. In a separate matter in the same case, Respondent posted a YouTube video in which she discussed an unidentified guardianship case and “disparaged the professional guardian and court system.” Although Respondent claimed the video was a fictional account, no such disclaimer was made on the video.

In SC21-805, Respondent received a public reprimand and was required to have a FLA evaluation and to comply with recommendations made pursuant to the evaluation, including the possibility of entering into a rehabilitation contract.

Respondent made unprofessional communications to opposing counsel.

When opposing counsel filed a motion complaining of these communications, the trial judge admonished Respondent and warned him not to engage in such LeeBar.org

unprofessional conduct. Respondent then filed a Motion to Recuse in which he made disparaging comments about the judge. In another matter in the same case, Respondent sued a client for fees.

The trial court found Respondent had engaged in a manner of litigation that was “vexatious” and “unprofessional.”

These two cases are examples of the many cases now being brought by The Florida Bar seeking discipline for unprofessional conduct. The Florida Bar and the Supreme Court are serious about disciplining those who violate the Standards of Professionalism.

This year-end holiday season is a good time for members of The Florida Bar to reflect on the importance of civility in the practice of law. To those lawyers who abandon their obligations as officers of the court in favor of uncivil and unrestrained advocacy, The Florida Bar is determined to seek discipline and the Supreme Court is inclined to impose discipline.

Henry Lee Paul, Esq. is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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practice section: general civil & business litigation

Practice Section Offers Business and Litigation CLEs by carlos a kelly, esq. and george h. knott, esq.

T

he General Civil & Business Litigation Practice Section covers many practice areas pertaining to the various types of business transactions and trial matters.

Our section is for members interested in corporation, banking, business, bankruptcy, computer and cyber law, anti-trust and franchise law, litigation and other related areas of law. We also serve as the point-of-contact for other Lee County Bar Association practice sections to help coordinate professional offerings to our section.

One goal of our section is to provide a forum for the discussion and exchange of ideas leading to the improvement of the laws within our practice. We accomplish this is by facilitating continuing education opportunities on substantive practice areas covering such topics as litigation standards preferred by the courts, judicial panels, and the use of experts. As we strive to present topics of interest to our members, please

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send any suggestions you would like to see covered in a CLE to us by email at gknott@knott-law.com and carlos.kelly@ henlaw.com.

In 2021, our section hosted speakers covering topics on cultural issues in mediation and the Chief Judge’s Covid-19 update. In June, we took a deep dive into the new Florida Supreme Court’s Amended Rule 1.150 (which aligns Florida’s summary judgment standard with that of federal law).

Esteemed judicial panelists included the U.S. Magistrate Judge Mizell, Judge Laboda and Judge Kyle who discussed the application of the new rule in our local circuit.

During the pandemic, our CLEs have taken place on the Lee County Bar Association’s Zoom platform. Members needing CLEs are able to view over 30 hours of CLE on the Lee County Bar’s YouTube page. We look forward to hosting in-person meetings for the section once courtrooms are available again.

In the meantime, our next CLE will address how to use a CPA for expert LeeBar.org

testimony. We are selecting a panel of local CPAs to provide this content.

The next CLE is being planned for next spring.

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YLD spotlight

YLD Celebrates

by katherine e. camadeco, esq.

N

ovember is National Career Development Month. In August, the Young Lawyers Division had the pleasure and the opportunity to host Mary Beth Link, founder of Monzingo Legal to discuss how to position yourself for growth in your career. Link provided attendees with some great takeaways.

Below are some of her top tips:

Be clear on your career goals. It is important to be clear on your career goals at any stage. Take the time to think about your career goals. What are your long-term goals? What are your shortterm goals? And what steps do you need to take to achieve your goals? Over time, some of your goals may change; however, take the time to consider your career goals, write them down and then check in with your goals from time to time.

Stay on top of current market trends in the legal industry.

One way to monitor the job market is to subscribe to the Florida Bar’s

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job flash or other job boards. Prior to the pandemic, approximately 80 jobs were regularly being listed; today, that number is almost 200. Even if you are not actively looking for a job, monitoring hiring trends can help you see practice areas that are growing. Link advised that some pandemic-proof practice areas include family law, real estate and estate planning.

Know what firms are looking for.

Monitoring the current job market can also assist you in knowing what firms are looking for when they are hiring, so you can develop your strengths. Writing is the number one skill firms look at. Besides writing, firms also look at experience with court hearings, trials and depositions.

And according to Link, firms want to see numbers, so be specific about the number of hearings you have conducted, the number of trials you’ve participated in and the number of depositions you have conducted or defended. Firms are looking for attorneys who provide excellent client service and are meeting, and exceeding, billable hours. It is also LeeBar.org

critical to know how to work with and delegate to a paralegal. And lastly, it may be important to consider adding an advanced degree or other certifications to your resume. Link said you may want to consider an LLM, especially in areas like tax and estate planning.

It is never too early, or too late, for career growth and development. For more information on the legal market and career growth, check out the LCBA YLD: August 2021: Legal Recruiter Workshop with Mary Beth Link on YouTube.

And for more career growth, come network with the Young Lawyer’s Division at our annual Christmas Party on December 3, 2021, at Millennial Brewery.

More details to follow.

Katherine E. Camadeco, Esq. is the President-Elect of the Young Lawyers Divsion of the Lee County Bar Association and an attorney at O’Halloran & Simmons, PLLC where she practices in the area of Marital and Family Law.

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GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kagan Law Firm Kelleher Law Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Light Path Law, P.A. Men's Rights Law Firm O'Halloran & Simmons, PLLC

Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Persons, P.L. Viles & Beckman, LLC Wilbur Smith, LLC Zinn Law If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

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New Agricul are takin

I

n Florida, agriculture has a rich legacy that is almost as old as the land itself. The history of Florida agriculture dates back before European contact, when some tribes farmed the land. The Spanish arrived with cattle in the 1500s, and over time, cattle ranching, along with citrus, sugar cane and vegetable production, took hold in the state. During the last years of the Civil War, Florida was the main supplier of beef to the Confederate army west of the Mississippi. The Florida Department of Agriculture and Consumer Services reports there are 47,400 farms across Florida encompassing 9.7 million acres, and the average farm size is 205 acres, which has been increasing over recent years.

Florida’s agricultural industry is a strong economic driver.

According to statistics published by the Florida Department of Agriculture and Consumer Services for 2019, the most recent year available, Florida’s farm cash receipts amounted to $7.67 billion. Nationally, Florida ranks second in the value of floriculture cash receipts at $951 million, third in miscellaneous crop cash receipts with a value of $1.45 billion, and 18th in total cash receipts.

In support of a recent Florida Farm Bill, Senate President Wilton Simpson said, “The state of Florida is committed to preserving Florida’s farms, which are legacy businesses that contribute to our nation’s food supply and billions of dollars to our state’s economy.”

The Lee County Bar Association monthly meeting in November is looking at the state of Florida agriculture, including legacy challenges, succession planning, operational costs, foreign competition and land development.

The panel speakers are Al Curry, Ricky Pritchett, Bruce Strayhorn and Kate English.

Al Curry is the owner of Sweet Cypress Ranch, which provides hay, feed and trailers for livestock to farmers located in Southwest Florida.

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Al Curry

Ricky Pritchett is a third generation native to Lee County, and currently lives in North Fort Myers with his wife and 3 daughters. His family has been in Florida agriculture for over 70 years, and currently have a cow-calf cattle operation on 3,000 acres in Lee and Charlotte Counties. Ricky is currently the president of Lee County Farm Bureau, and he has served on Ricky Prittett the board of directors since 2013. He is also a marketing consultant with Carter-Pritchett Advertising, and a graduate of Florida Gulf Coast University.

Attorney Bruce Strayhorn is a member of a family with 100+ years of legal and public service to Southwest Florida. Strayhorn has a unique knowledge of Southwest Florida’s history, decades of involvement in planning and growth, and a noted insight into current issues. Born and raised in Fort Myers, Strayhorn was admitted to the Florida Bar in 1977.

After a few years, he joined the firm Attorney Bruce Strayhorn of Strayhorn & Strayhorn, which was founded in Fort Myers in 1915 by his grandfather and great uncle, Guy M. Strayhorn and Leonidas Y. Redwine.

Attorney Kate English LeeBar.org

Attorney Kate English is a partner at Pavese Law, and she concentrates her practice on agricultural, environmental and land use issues.

She is a native of Southwest Florida, and her family has farmed here for more than 100 years. English’s greatgrandmother settled in Alva in 1876 and established the family farm. In addition to working as an attorney,

lture Trends ng Root English works for the family farming operations. Before entering law school, Kate English worked as a field representative for a citrus grower’s cooperative.

Most Farms Are Family-Owned Businesses English points out that at their cores, most farms, regardless of size, are family-owned businesses, and facing all the same challenges and issues that other family business owners face.

These challenges require legal expertise. When discussing the needs of agricultural businesses for legal services, English says, “Do we need a broader engagement from the Bar Association to this group?

Absolutely.”

English explains the farmers have “a huge capital investment, and they typically don’t have a lot of liquidity. They need to be efficient and super cost-conscious in the way they access legal help.”

Farming operations are impacted by consumer choices, governmental decisions and special-interest organizations.

Consumers express concerns over use of chemicals, pesticides, fertilizers, antibiotics and genetic modifications. Animal rights groups have successfully pushed legislation that controls which production practices may be used by farmers and ranchers.

Environmental groups successfully seek to have animals listed under the Endangered Species Act, which affects land use.

Other government laws and regulations relate to labor, land ownership, contracts, food safety and environment.

Once in your life you need a doctor, a lawyer, a policeman and a preacher, but every day, three times a day, you need a farmer.

Farmers and ranchers in Florida deal with complex legal issues covering many areas of legal practice, including contracts and sales, federal and state administrative law governing everything from water to environmental protection, to labor, real property, land use and zoning, and business succession planning including estate and tax law.

English says, “Regulatory issues for small agricultural families have been a huge challenge, especially if there’s not a lawyer in the family.”

Although many legal issues are common from one farm to the next, there is not a one-size-fits all approach for agricultural law issues. Every farm operates and is managed differently, which requires various legal documents, like leases, business plans, and estate plans, to be tailored to each farming operation.

The Impact of US Trade Law on Florida Agriculture

English says, “The biggest impediment, to date, to continuing family farms in Florida has been loss of revenue caused by the contraction of exclusive market windows for Florida produced fruits and vegetables. Trade decisions have led to rising competition from fruits and vegetables produced in other countries with the support of their governments through favorable tax treatment for capital investment or outright financial support. The costs of farming in the United States are higher than the costs of farming in many countries due to high land costs, high levels of regulation to protect consumers and the environment, and maintaining a legal work force. Foreign competitors, supported by their governments and with favorable land and labor costs and lower regulatory compliance requirements can produce food for far less, even when transportation is factored in.”

On August 30, 2021, the Florida Department of Agriculture & Consumer Services (FDACS) released an 84-page report documenting how “unfair trade practices” allowed U.S. markets

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to be filled with fruits and vegetables imported from Mexico.

This situation cost Florida’s seasonal crop farmers up to 10-20% in annual “lost” sales – an estimated $4 billion – which “equates to between 17,870 to 35,741 Florida jobs lost.”

Transfer of Land It is typical for Florida’s small farms to be multi-generational, which provides its own set of special dynamics that affect operations, management and decision-making. Attention also needs to be paid to estate planning and succession planning as the farms transition from one generation to the next.

Unfortunately, for many multi-generational agriculture families, the next generation has decided not to take over the land and the family ceases operations. That kind of liquidation event is very hard for the family because they look at farming as their legacy.

English points out that in Southwest Florida, many farmers have not diversified; rather, they have sold their land. Farmland that was close to an area with a growing population has been sold for development. Farmland farther away from populated areas has been sold for land conservation. English says we have much less land dedicated to agriculture.

Strayhorn agrees. As the population in Florida has increased, cities outgrow their boundaries and the surrounding land, which is typically agricultural, becomes incorporated into the cities. He says the land is valued on the income it can produce, and “it no longer makes sense to grow crops or graze the land.”

Strayhorn also remarks that many ranchers and farmers don’t

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have 401k’s and investment portfolios. Their land is their asset.

He explains, “They say, ‘I can shed myself of some of these acres, and that will be my 401k.’”

Another recent trend is the ownership of land by the wealthy.

Farmland is reported to be a good investment. In 2018, Forbes reported that farmland has yielded returns of at least 10 percent for nearly 50 years. According to The Land Report, the number one private owners of farmland in America are Bill and Melinda Gates.

These wealthy landowners recognize farmland is a lot more than just an investment; rather, it is someone’s livelihood. The landowners are not farming the land themselves. Instead, they are renting out the farmland to farmers.

English says, “A number of farmland investment groups are active in Florida in many rural counties, ranging from Bill Gates to groups of private investors. The normal practice for such groups is to purchase farmland and then lease back to those who were most likely previously farming it, either as the landowner or as a tenant. The idea being that land in Florida, regardless of its actual use, will always have significant value.”

The collapse of adequate revenue to carry production costs is altering the agricultural landscape in Florida. English says, “I think we’re in a time of profound change. Sophisticated companies will produce a great amount of food in a small space.”

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legal lens xx Annual Bench Bar Gala on October 2nd at the Edison and Ford Winter Estates.

Top row: Lauren Baugh, Blake Hampton; Joe and Benita North Second row: Hon. Gilberto Perez, Hon. Kimberly Davis Bocelli, Luca and Dawn Maselli; Mayor Kevin Anderson and wife Krista Third row: Hon. Mary Evans; Travis Russell and Tiffany Pereira; Blake and Kate Hampton Bottom Row: Hon. Jospehine Gagliardi, Justice Couriel and Hon. Devin George; Diego Gil, Efren Arocho and Michael Camadeco

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Photo credit: Jim Jett Photography November 2021

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Photos courtesy of Jim Jett Photography

For more pics, check out the gallery at LeeBar.org

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legal lens Annual Bench Bar Gala on October 2nd at the Edison and Ford Winter Estates.

1

Photos courtesy of Jim Jett Photography

Top row: Heidi and Leland Garvin; Shannon Puopolo and Nick Stokke; Scott Atwood and Kristalyn Loson Atwood; Erin Casey and Brian Casey; Naelene and Dennis Webb Second row: Shatree'Tia and Spencer Cordell; April and Peter Knize; Veronica Batt and Ryan Lynn; Chris and Andrea Smith with Eve and Shawn Volkmann; Amy and Justin Thibaut Third row: Theresa Watkins Brown; Robbie and Geoff Roepstorff with Matt and Mairin Roepstorff; Hon. Archie Hayward, Jr; David Seitz and Danielle Levy Seitz; Linda Doggett and Hon. James Adams Bottom row: Kevin Karnes, Nathan Winesett, Kelly Fayer, Dan Detrick; John Miller and Kayla Richmond Miller; Susan and Robert Shearman and Shay Raja; Rick Williams, Connie Ramos-Williams, John Webb, Ita Neymotin and Leon Kremenchuker; Shirlarian Williams; Patricia Bell, Cynthia Duff, Dan Detrick For more pics, check out the gallery at LeeBar.org

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legal lens xx

Photo credit: Jim Jett Photography November 2021

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Photos courtesy of Jim Jett Photography

1

special feature

Meditation brings balance to your personal and professional life “The faculty of voluntarily bringing back a wandering attention, over and over again, is the very root of judgment, character, and will.

No one is compos sui [master of himself] if he have it not. An education which should improve this faculty would be the education par excellence. But it is easier to define this ideal than to give practical directions for bringing it about.” --William James

by catherine kahle, esq.

M

editation. What does the word call to mind for you? Some may picture the Buddha attaining enlightenment sitting under the Bodhi tree. Others may picture a room full of yogis lying in savasana, a restorative posture used as a means of relaxation at the end of a yoga practice. And still, others might see it as a way to quiet the ceaseless monkey mind and improve focus, as described in the quote above by the father of American psychology, William James.

Meditative practices have been carried out in many cultures and religions for thousands of years. Meditation made its way to the West during the 1960s

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and 1970s and is often associated with “hippie” culture. Scientific research has shown that meditation has documented physiological and psychological effects, including a lowered state of physical arousal, reduced respiration rate, decreased heart rate, and changes in brain wave patterns. Additional health benefits of regular meditation include reduced stress, improved memory, improved immunity, increased attention, better sleep, lower blood pressure, weight loss, and less anxiety and depression.

As attorneys, we have chosen a demanding and mentally intensive career path. According to Florida Bar statistics on lawyer mental health, 28% of lawyers report mild or higher depression

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symptoms, 23% report mild or higher stress symptoms and 19% report mild or higher anxiety symptoms. The benefits of meditation would serve members of our profession well. However, many lawyers might be hesitant to try meditation, which may seem strange or inaccessible to a professional culture that places value on logic and reason.

The Bar’s Mental Health and Wellness of Florida Lawyers Committee aims to help bring more balance into members’ daily professional lives. There are many health and wellness resources available through the Florida Bar’s wellness center, including meditations, and you can even earn CLEs for meditating through the website https://meditationforlawyers.org.

There are many different forms of

meditation including Transcendental Meditation, loving-kindness meditation, mindfulness meditation and breath awareness meditation. Transcendental Meditation, commonly referred to as TM, is a form of mantra meditation that encourages a restful state of mind through the use of a mantra repeated silently for 20 minutes twice a day. TM is practiced by many successful business leaders and celebrities, including Oprah Winfrey, Sir Paul McCartney, Madonna, Jerry Seinfeld, Hugh Jackman, Katy Perry, LinkedIn CEO Jeff Weiner, and billionaire investor and hedge fund manager Ray Dalio.

Mindfulness meditation is an easy way to begin to reap the rewards of meditation. Mindfulness is the ability to be fully present and aware of where we are and what we are doing without reacting to external stimuli or wandering thoughts. Mindfulness not only allows you to be calm and focused when you are meditating, but you can carry the practice

over into everything you do. You can work on cultivating a mindful attitude wherever you are-in a meeting, in the courtroom, in a deposition, or simply taking a walk. Start out exploring the hobby of meditation and work towards developing a meditative, mindful mind all the time.

A simple mindfulness meditation technique is to sit in a quiet place and focus your attention on one thing, such as your breathing. Count while taking a breath, hold it and then count while letting the air out. Do this daily, preferably at the same time, for five minutes and work your way up to longer periods. A few key points: make sure you are comfortable but not too comfortable. If you notice your mind wandering, that’s okay, it is inevitably going to wander. Don’t judge your thoughts or pay attention to them.

Instead, simply focus on bringing your attention back to your breath.

As you begin to explore meditation practices, do not place too much pressure

November 2021

on yourself, like us lawyers often do. It takes time and practice to build any new habit. The positive impact meditation can have on your health and well-being will be well worth it. Making meditation an important part of your self-care routine will help you feel better and less stressed, leading to a more balanced personal and professional life.

After spending 20 years in the corporate world as general counsel for several large organizations, Cathy Kahle now operates The Law Office of Catherine A. Kahle, PLLC. Cathy focuses her practice on business law and counseling, health care law, employment law, regulatory compliance and mental health and substance abuse law. Cathy is also an executive coach, registered yoga teacher and practitioner of transcendental meditation.

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guest attorney

NAPLES COMPANY ALMOST TOPPLES U.S. PATENT AND TRADEMARK OFFICE by mark a nieds, esq.

T

he United States Patent and Trademark Office (USPTO) is part of the Department of Commerce and is tasked with administering the laws related to registration of patents and trademarks, examining patent and trademark applications and issuing registrations.

While not a Cabinet position, the Director of the USPTO is an official appointed by the President and confirmed by the Senate.

The USPTO also has two quasi-judicial administrative boards, the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB). Each of these hear and decide both ex-parte matters, such as an applicant’s appeal of an examiner’s refusal to register a patent or trademark, and inter-partes matters, such as one party’s challenge to the validity of third-party’s patent or a challenge to the registration of a third-party’s trademark.

This article focuses only on the PTAB. Proceedings in the PTAB are held in front of three Administrative Patent Judges (APJs). APJs are appointed by the Secretary of Commerce. The PTAB and the APJs are not part of the federal courts. The PTAB is a creature of statute, 35 U.S.C. §6, specifically created by the America Invents Act.

Arthrex patent lawsuit Naples-based Arthrex, Inc. held a patent on a device used to attach tissue to bone.

Arthrex sued, among others, Smith & Nephew, Inc. claiming infringement of that patent. Smith & Nephew then initiated an inter-partes proceeding in the PTAB challenging the validity of Arthrex’s patent.

The PTAB ultimately ruled in favor of the

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defendant and found the patent invalid.

Decisions of the PTAB can be appealed to the federal circuit.

On appeal, Arthrex raised a challenge to the APJ system under the Appointments Clause of the Constitution, Art.II, §2, cl. 2, claiming due to the power they held, APJs constituted “principal officers” that must be appointed by the President and confirmed by the Senate. Because the APJs were not appointed in that manner, Arthrex argued such appointments were unconstitutional and the decision of the panel of no effect, meaning the invalidation of Arthrex’s patent was unenforceable.

In October 2019, the U.S. Court of Appeals for the Federal Circuit agreed with Arthrex but realized the impact of such a decision would essentially dismantle the entire PTAB. The court devised a fix by finding that a provision stating APJs could only be terminated for cause was unconstitutional.

With that provision unconstitutional, APJs could now be terminated at-will by the Director of the USPTO and were no longer “principal officers” subject to Presidential appointment and Senate confirmation.

With this constitutional fix in place, the Federal Circuit remanded the case to the PTAB and, ultimately, approximately 100 other similar appeals of PTAB decisions.

The case then went to the Supreme Court on the specific issue of whether the authority of the APJs to issue decisions was consistent with the Appointments Clause.

United States v. Arthrex, 594 U.S. ____ (2021), Slip Op. 2.

Supreme Court Opinion On June 21, 2021, in a fractured opinion, the Court found the answer as “no” without LeeBar.org

answering the specific question. The majority opinion found “the unreviewable authority wielded by APJs during interpartes review is incompatible with their appointment by the Secretary [of Commerce] to an inferior office.” Slip Op. 18-19.

Without dismantling the entire PTAB, the Court found its own fix to the solution by rendering a different part of the statute unconstitutional. The Court invalidated a provision that prevented the Director of the USPTO from reviewing PTAB decisions.

Rendering the decision reviewable by the Director placed the APJs inferior to the Director and thus did not implicate the Appointments Clause in the first instance.

The Court then remanded the case to the USPTO Director for the Director to determine whether to rehear the matter.

Post-Arthrex, there is now a mechanism and procedure in place for the USPTO Director review of PTAB decisions. Only time will tell, however, if this review will be more than a cursory, rubber-stamp review, or beneficial to patent owners.

Mark Nieds is chair of Henderson Franklin’s Intellectual Property Practice Group.

Drawing on two decades of experience, he represents clients in the acquisition and protection of copyrights, trademarks and trade secrets. Mark also advises clients on privacy and data security, providing strategies to manage risk and ensure legal compliance with the gathering and use of personal information. Mark may be reached at mark.nieds@henlaw.com or by phone at 239.344.1153.

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the dish

Mario's is serving up authentic Italian cuisine by lauren baugh

I

f you have not been to Mario’s Meat Market and Deli, you might think, “Hmmm. Is this like a smaller version of the Publix Deli?”

The answer is NO! I have been to Mario’s many times in my life. Although I am not even 1% Italian, I can tell this is a legit, real deal, Italian meat market and deli.

Michael-Anthony Pica, one of our LCBA board members and committee member of our LCBA Foundation Golf Tournament, once told me Mario’s is his family’s delicatessen. It was clear I needed to revisit this spot with Michael-Anthony and get to know the place on another level. So, we arranged to do just that!

We meet at Mario’s, and when the front door glides open, we are greeted with the most wonderful smell of freshly baked Italian Bread, among many other tantalizing scents. I see beautiful fresh produce, walls of amazing cheese selections and case after case of fresh, scratch-made Italian items.

There are also aisles of specialty items. It is truly a cook’s dream!

I am amazed at the sheer volume of products in the store. Most of them are fresh and scratch-made in the cases.

Friendly faces are ready to get me anything I could possibly want. Mario’s Owners, Michael and Vincent, are the sons of Mario. They treat each employee as if they are family members, and it shows. Each

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employee clearly cares about the place, the customers and the products.

Back to the smells. I am intrigued by the sauce, and I want to try it.

What better way is there to try it than with the meatballs?

Michael-Anthony knows everyone here, so he and I sit in the back trying a variety of delicious items.

The employees start bringing us dishes, and I know I will leave stuffed.

“The Godfather” is a cold hero featuring prosciutto, fresh mozzarella, roasted red peppers and olive oil. I’m told the bread is freshly made, so I am super excited. I have no idea what I am about to eat, but it does not stop me from taking a bite of the hero. The fresh mozzarella, the fresh bread, the freshly roasted red peppers and the imported prosciutto - It is out of this world!

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The plate also has a fun, cold salad on it.

It looks like rice, and I wonder what it tastes like. I discover it is not rice; it’s orzo, with olive oil, fresh basil, red pepper flakes, red onion and feta cheese.

This combination is so fresh tasting that it can complement any dish

or be the main entrée. It is beyond what I imagined this simple salad would be!

Along with the cold salad, my plate has little red peppers stuffed with goat cheese. The combination of sweet pepper and tart goat cheese is a wonderful accompaniment to the salad and the hero.

The peppers would make a wonderful addition to a charcuterie board or just on their own.

Now the employees bring us two more containers.

Again, I do not know what I’m getting, and I’m excited. In the containers are meatballs in sauce and fresh marinated mozzarella.

I have made and have eaten many meatballs in my young 38 years of life. I am here to tell you; these meatballs are the best - the BEST ever! They are tender and full of flavor. I would eat them for a meal with no hesitation; you need nothing else. I ask for

Photos from top to bottom: Top row: Mario Pica and wife 2nd row: Wide variety of cheeses, Godfather sub, Selection of fresh vegetables in the market 3rd row: Filet Mignon platters, Handmade chocolate eclairs 4th row: Meatball parm sub, Fresh angus beef cuts in the butcher case

November 2021

the recipe, and am met with a quick no. It seems only five people other than Mario himself have this recipe, and they are not looking to expand that list with me on it!

The meatballs are so delicious, I am reluctant to move on to the marinated mozzarella. As I put a little twisted knot of this fresh mozzarella on my fork and I bite into it, it becomes clear there is no bad food here. The mozzarella is marinated in imported olive oil, herbs and spices. And you guessed it; I was not given that recipe either. Now I cannot make up my mind which one is my favorite.

I keep eating, and although my stomach is beyond full, I do not want to stop. It is all so good, so fresh, and with the friendly smiles around me, it makes this meal incredible. If you are busy and want a nice homemade dinner, and do not have the talent or the time to make it yourself, go to Mario’s. You can get anything, literally anything, and you will not be disappointed. With so many fresh options, from scratch-made Italian sausage to chicken cutlets, you can take and bake or simply gather your ingredients to make your own amazing dinner! You will taste the labor of love that goes into making truly authentic Italian cuisine.

12326 S Cleveland Ave Fort Myers, FL 33907 (239) 936-7275 mariosmeatmarket.com Monday - Saturday 9 a.m. – 6 p.m.

Sunday Closed

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at lauren@leebar.org.

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new members

Chad Brazzeal, Esq.

Alicia Olivo, Esq.

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member spotlight

Scot Goldberg, Esq.

1. I love to read novels of all types. I have read A Land Remembered by Patrick D. Smith 12 times. It’s the best book ever. I have also read Can’t Hurt Me by David Goggins five times.

2. I am a caregiver for my wife, Suzy. She was diagnosed in 2018 with Stage Four Colorectal Cancer. It’s inoperable, so the oncologist was aggressive with both chemo and radiation because Suzy was so strong and in shape. I am happy to report we are 3 ½ years later and her scans are mostly great.

3. I have had social anxiety since I was old enough to remember. Anxiety causes many physical symptoms. In addition to meds, I have learned good coping skills and to breathe correctly. Most of all, I have learned it is important to talk about it.

4. We own three dogs and two cats. Mocha is a 13-year-old Yorkie/Maltese mix. Petey is a one-year-old rescue miniature chihuahua. Nala is 1-year-old yellow lab. Suzy rescued our 2-year-old cat, Socks, in our neighborhood. Kitty Kitty is a 5-year-old Maine coon grey large cat.

5. I love to collect and drink scotch. I am a single Malt Scotch drinker. I have had them all. Ones from $500 a bottle to $30 a bottle. My favorite is a simple Macallan 12-year-old. On the rocks; lots of ice.

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THE

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KNOWLEDGE. INTEGRITY. RESULTS. Mike Dal Lago, Esq.

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sponsor spotlight

Edison National Bank

1. We are the oldest locally owned and operated community bank in Lee County. Edison National Bank was founded in 1997 by local professionals – all experienced in operating an independent community bank – to provide “A Better Way” of banking.

2. The names of our banks have a unique history. Our founders proudly captured the essence of Thomas Edison – who inspired our founding principles. When we expanded to Sanibel, we revived the name of the islands’ original bank, Bank of the Islands, and established our office at its original location.

3. We take a personal approach to banking. Our banking experience has a distinct feel, starting with the concierge’s warm greeting, fresh-baked cookies and familiar faces who know customers by name. You can always count on talking to a real person.

4. We are a community bank with “big bank” services. Our customers benefit from local decision making, community roots and individualized services that only a local bank can offer, with the same technology, stability and resources of an FDIC insured nationally chartered bank.

5. We are proud to give back. We continue to support over 100 local nonprofits, and our team enjoys volunteering with nonprofits.

CEO Geoff Roepstorff is also a committed environmentalist, regularly helping remove invasive pythons from the region.

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in the news The DeMine Immigration Law Firm, P.A. announces they have relocated to 1601 Hendry Street. The new office is a Downtown Historic building that was renovated to incorporate a more modern look while also maintaining the historic integrity. The new office provides more space to accommodate the firm’s growing Immigration practice. The official grand opening included a ribbon cutting ceremony, food and beverages from around the world and even a Mariachi band!

Pavese Law is pleased to announce that Attorney Dillon McColgan has joined the firm as an Associate and will be practicing in the areas of Real Estate Development, Community Association and Planned Development Law, Construction Law, Title Insurance, and Civil Litigation. McColgan holds a B.A. in Political Science from the University of Central Florida and a J.D., cum laude, from the University of Miami School of Law. McColgan is a Cape Coral native, graduating from Mariner High School in 2009.

The law firm of Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Director of Information Technology, Darren Wallace has been elected to the 2021-2022 Board of Directors for the United Way of Lee, Hendry, Glades and Okeechobee counties. Wallace will join Henderson Franklin attorney, Robert Shearman who serves as immediate past chair. Wallace serves as the Henderson Franklin’s Information Technology Director and oversees the computer networking system for all locations.

Aloia, Roland, Lubell & Morgan, PLLC has broadened its reach to better serve Southwest Florida’s five-county region, with the addition of two Hendry-Glades based attorneys. As part of the Aloia Roland trial attorney team, Steve Ramunni will focus his attention on probate litigation and estate planning, business law, agricultural law, land use and zoning, and civil litigation. Maritrini Soto Garcia joins the law firm’s team as an associate attorney. Both Ramunni and Soto Garcia will be based in the Hendry-Glades office of LaBelle, Florida.

The law firm of Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce divorce, marital and family law attorney Antoinette (“Toni”) Peck is now a Florida Supreme Court Certified Family Court Mediator. As such, she serves as a neutral party to help resolve family law disputes, either before or after divorce, in matters of parental responsibility, parenting plans, paternity, child support, property division and alimony. Peck handles all aspects of divorce, marital and family law, including adoptions, dependency matters, paternity, and interstate jurisdictional issues.

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Like Thomas Edison, we believe there is always

“a better way.” A fine-tuned collaborative approach enables us to blend our combined experience and areas of expertise in new ways to meet your unique business and personal needs.

Experience the benefits of joining Edison National Bank/ Bank of the Islands.

Edison National Bank/Bank of the Islands customers enjoy:

• free online and mobile banking • no-fee access to their account funds at any Publix® Presto! ATM • free bill pay services for personal account holders • courier and cash management services for business clients • streamlined processing for all loans including commercial and residential mortgage loans

To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.

An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.