The Orange County Bar Assocation - The Briefs - May 2020

A Publication of the Orange County

May 2020 March 2020 Vol. 88 No. 4 Vol. 88 No. 3

Bar Association

Inside this Issue: Inside this Issue: Professionalism Committee Legal Aid Society News President’s Message Our Reputation Precedes Us Plenty of Boots Still President’s Message A Message of Strength,Growth, and Gratitude Robert W. Borr, Esq. on the Ground The Courage of an Unpopular Voice Even If the Ground Is Virtual Anthony F. Sos, Esq. Creates a Human Rights Champion…

Diversity & A. Inclusion Bethanie Barber,Committee Esq. Bankruptcy Committee and He LivesLaw in Our Backyard Words Unspoken Larri T. Thatcher, Esq. The SBRA:F. Call It the Serendipitous Anthony Sos, Esq. Ahmad S. El-Gendi, Esq. COVID-19 Updates and Resources Business Rescue Act 12th Breakfast of Champions forAnnual Legal Professionals Ryan E. Davis, Esq.

C. Andrew Roy, Esq.

6 IDEAS

YOU AND YOUR FAMILY CAN DO TO THANK OUR HEALTHCARE PROFESSIONALS During these unprecedented times it’s important to show our gratitude to those risking their lives each and everyday. Our Central Florida doctors and nurses are on the front line fighting COVID-19.

1 2 3 4 5 6 HOW CAN WE HELP?

Have your kids write thank you letters.

Donate supplies.

Donate food.

Call or text your healthcare friends.

Draw pictures to give to healthcare professionals.

Follow community mandates to flatten the curve.

719 Vassar Street | Orlando, FL 32804 | P: 407.244.3000 | www.dwklaw.com

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 1

Contents 3

President’s Message A Message of Strength, Growth, and Gratitude Anthony F. Sos, Esq.

4

15

Evening with the Judiciary

the Briefs Editor Kate T. Hollis

Associate Editors Karen L. Middlekauff & Robyn M. Kramer

16-17 Law Day 5K

Hearsay Columnist Linnea M. Eberhart

18-19

Professionalism Committee Remarks Upon Receipt of the OCBA 2020 William Trickel, Jr., Professionalism Award N. Diane Holmes, Esq.

YLS on the Move Andrew P. Irvin

OCBA February Luncheon

23

SideBar Alena V. Baker

Voluntary Bar News SideBar Alena V. Baker, Esq.

5

2020-2021 Installation of Officers and Awards Luncheon

w OFFICERS Anthony F. Sos, President LaShawnda K. Jackson, President-elect Eric C. Reed, Treasurer Karen L. Persis, Secretary

26

6

Clerk’s Corner 2020 Report to the Citizens of Orange County The Honorable Tiffany Moore Russell

9

Lawyer Referral and Information Service News Tried, True, and New LRIS Programs Candice Maull, CP

27

28

Bankruptcy Law Committee The SBRA: Call It the Serendipitous Business Rescue Act Ryan E. Davis, Esq. C. Andrew Roy, Esq.

31

10

12

Labor & Employment Committee COVID-19-Related Paid Sick and Family Leave: A Federal First Rachel D. Gebaide, Esq. Morey Raiskin, Esq.

13

Legal Aid Society News Plenty of Boots Still on the Ground Even If the Ground Is Virtual Bethanie Barber, Esq. Larri T. Thatcher, Esq.

14

Legal Aid Society What We Do...

Legal Aid’s VALOR Project Success Leads to Increased Demand for Service Jamos “Jay” Mobley, Esq.

w EXECUTIVE COUNCIL Jared A. Brooks Euribiades Cerrud, II Keshara D. Cowans Amber N. Davis Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Fermin Lopez Gary S. Salzman Jessica A. Travis William D. Umansky M. Ryan Williams Richard S. Dellinger, Ex-officio C. Andrew Roy, YLS President

Paralegal Post 2020 Update: Finding Content Created for Paralegals Shannon E. Hager, FRP

Chief’s Column COVID-19: The Court’s Response The Honorable Donald A. Myers, Jr.

Young Lawyers Section News YLS on the Move Andrew P. Irvin, Esq. COVID-19 Updates and Resources for Legal Professionals

32

New Members

33

Events & Seminars

34

Classifieds

36 Calendar

Special thanks to those who submitted photos used in the cover collage: Hon. Luis Calderon Hon. Gisela Laurent Jenny Brown Aurora McCreary Chanel A. Mosley Karen Persis Anthony F. Sos

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2020 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert

©2020

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Peggy Storch

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

ISSN 1947-3968

PAGE 2

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

President’sMessage

May 2020

A Message of Strength, Growth, and Gratitude

D

uring this period of unprecedented times, first and foremost, on behalf of the OCBA, I wish all of you safety, health, and wellness. I thought I had a pretty good idea about the general topic of my last “President’s Message.” Then COVID-19 happened. Everything stopped. And now I’m just staring at a blank screen.

Here is what I know without a Anthony F. Sos, Esq. doubt: We are strong. One of our members recently lost her dad to COVID-19. The next day, her young daughter was surprised by a visit at her home from her Jiu Jitsu sensei honoring her with a formal invitation to join the black belt club. While still mourning, the young student courageously accepted the invitation. I recently took a picture of my daughter after schools closed. She was studying a map while sprawled out on the floor learning from home.

Note the collage of photographs on the cover of this Briefs edition depicting chalk artwork and messages of hope. Seeing many uplifting images and hearing stories of perseverance gives me hope about our future. From elder generations to younger generations, we are strong.

Part of what I originally wanted to write about seems even more pertinent now. I had intended to highlight how we, as busy attorneys who manage similar stressors, experience the journey of life together. We deal with client pressures, court deadlines, trials, etc. A lot of us have “grown up” together. Friends we watched get married now have children approaching adulthood. Conversely, young lawyers are now forming new relationships that will last for years.

To illustrate this passing of time, I had planned to include pictures of long-time members from many years ago. Think Gary Salzman at the YLS golf tournament when he was 30. Actually, the tournament probably doesn’t go that far back (love you, Gary).

Point is, I planned to write about how, in our shared profession, we have been there for each other, tackling life together. We’ve celebrated and mourned together. And now we are going through COVID-19 together.

It has been comforting to see us rise to the occasion and lean on each other for support and friendship. We have seen heartwarming displays of kindness, especially towards those risking their lives to save others. In early March, I recall feeling like the December holidays were just yesterday. I was not alone in my feeling that time was moving even faster than usual. Then, time stopped.

While I hate what is happening, I must admit I appreciate the

theBriefs May 2020 Vol. 88 No. 4

slower pace. When this is over, I challenge us not to forget the kinder, gentler versions of ourselves that emerged when we were forced to slow down.

Shifting gears, as this is my last “President’s Message,” I want to express gratitude and thanks to the people I had the privilege of working with this year. I will not mention all of them by name, as that would lead to a very lengthy “President’s Message.”

Thank you to our new executive director, Jenny Brown. I did not know what to expect during this year of transition. Jenny has proven to be a super star, exceeding all expectations. She is a quick study, always prepared, and forward thinking. Jenny’s work ethic, intellect, judgment, and leadership skills embody the mission of the OCBA. It has been an absolute pleasure to lead the bar with Jenny.

Coming into this job, I had often heard many past presidents compliment the OCBA staff. Having had first-hand experience working closely with them, I can tell you the gratitude previously expressed is indeed warranted. They genuinely care about their work and ensuring the bar is meeting the needs of its members.

We are fortunate.

Thank you to the OCBA Executive Council. The council’s unity and focus in response to COVID-19 is emblematic of how they have been all year. We have had lengthy discussions about budgets, policies, events, by-laws, our mission, and priorities. Above all, these discussions centered on doing good work for the benefit of our members and community. I have served with most of the Executive Council members for many years and have come to know them well. They are selfless, hardworking, and care deeply about our profession. With a long line of talented leaders in place, our future is bright.

Above all I want to express gratitude to our members and volunteer leaders. We are an active bar. We’ve networked together at luncheons, a 5K, happy hours, community projects, committee meetings, and more. In working with members on projects too numerous to mention, I have observed the wealth of talented, thoughtful, and smart people that make up our bar. It has been an uplifting and humbling experience to lead such a group.

P.S. I still have the old pictures I collected of many of you that I had planned to include in this message. I’m not afraid to publish them if warranted!

Anthony F. Sos, Esq., is a partner at Dellecker Wilson King McKenna Ruffier & Sos, LLP. He has been a member of the OCBA since 2005.

www.orangecountybar.org

PAGE 3

ProfessionalismCommittee

I

Remarks Upon Receipt of the OCBA 2020 William Trickel, Jr. Professionalism Award

must first thank the Central Florida Association for Women Lawyers for nominating me for this tremendous honor. When Chief Judge Donald A. Myers, Jr., sent me a congratulatory email, he wrote, “You follow in the footsteps of some real professionalism giants in this community.” That could not be more true.

Having had the privilege to know William Trickel, Jr., or “Bill” as N. Diane Holmes, Esq. he asked to be called, I was truly humbled when I learned I am this year’s recipient of the award given in his name. I am honored to be held in the same esteem as the award’s prior recipients, so many of whom have guided and taught me so much over the years. I want to always be the best lawyer that I can be and have always sought to learn from and emulate those whom I consider epitomize what it is to be professional. When we discuss professionalism as it relates to the practice of law, the prior recipients of this award, by word and by deed, are the personification of professionalism.

My first job as a lawyer was as a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. Among other work, I represented folks in family law matters, small claims cases, landlord-tenant disputes, consumer disputes, and in juvenile dependency cases. Also being involved in the early years of the Guardian ad Litem Program instilled in me a desire to excel in child advocacy. In hindsight, I see that it was a privilege to begin my career in that position because the success of the program was due to the support of local lawyers. All who were called on to help answered the call without hesitation.

I believe that each of us, as lawyers, can and do make a profound difference in our community, one person at a time. Our system of justice is the best there is, and we are the ones who can open the door for the folks that otherwise might not be served. Our pro bono work is essential. We do it because we can. We do it because we should. We do it because it is the right thing to do. Over the years, I have always been proud to say that I am a member of the Orange County Bar Association. Hands down, this is the best voluntary bar association anywhere.

The support and guidance that I received from Florida Lawyers Assistance, Inc. (“FLA”) was instrumental in helping me move forward successfully in my career. I believe that it is vitally important that folks know about the services FLA provides. When a lawyer or law student needs help with substance abuse, mental health, or other disorders which negatively affect their lives and careers, help is only a confidential call away. My work with this organization has been fulfilling beyond description.

Another important activity that I enjoy is to try and mentor young lawyers as I was mentored. Today’s life can be full of stress, and I strive to guide younger lawyers in how to succeed in practicing law with civility and competence while also prioritizing and honoring time with their families.

Family has always been important to me. My mother was instrumental in me becoming a lawyer, which is a story for another day. But what is most important is that she taught me, not by her words, but by her actions. While I want to follow suit, I can never achieve the immense patience and incredible kindness she has for everyone. Kindness is an important quality that will take us all very far in our lives.

Another important way to share what we learn with other lawyers, especially the young lawyers, is to establish groups and activities and invite them to join us. When my colleague a number of years ago suggested that we start a family law Inns of Court chapter, I was delighted to help.

It is a marvelous coincidence, at least in my view, when we consider this year’s award recipients, that we are all women. This is a new year in a new decade, and 2020 celebrates the 100th year of women’s suffrage. To receive this award with Judge Karen Jennemann and Keshara Cowans is particularly meaningful to me.

As I reflect on my years of practice, I hope that by example I have been able to encourage others who come after me and those who are my peers. We are here to help each other do the very best we can do and be the very best we can be.

N. Diane Holmes, Esq., N. Diane Holmes, P.A. Family Law Group, is Florida Bar Board Certified in marital and family law and has practiced family law for more than thirty-five years. She is a founding member of the Central Florida Association for Women Lawyers and the Central Florida Family Law Inn. She has been a member of the OCBA since 1981.

PAGE 4 www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

OCBA LuncheonThursday May 28, 2020

This event is subject to postponement or cancellation depending on developments with COVID-19.

You are cordially invited to join members of the Orange County Bar Association for the installation of officers and board members of the Orange County Bar Association Legal Aid Society of the Orange County Bar Association, Inc. OCBA Foundation, Inc. OCBA Young Lawyers Section OCBA Paralegal Section

Swearing in by The Honorable Donald A. Myers, Jr., Chief Judge, Ninth Judicial Circuit Court With remarks by Anthony F. Sos, Esq., 2019-2020 OCBA President and LaShawnda K. Jackson, Esq., 2020-2021 OCBA President Thursday, May 28, 2020 11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando 191 East Pine Street, Orlando, Florida 32801

Please RSVP by Monday, May 25, 2020 RSVPs will not be accepted after May 25, 2020 RSVP through the OCBA Store www.orangecountybar.org/store Cancellations must be received no later than May 25, 2020 To cancel, contact Stephanie Sadi at stephanies@ocbanet.org

There is no June Luncheon Supporting sponsors:

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 5

Clerk’sCorner 2020 Report to the Citizens of Orange County

T

ransparency in government is more important than ever and is a core commitment I have made regarding my office.

That is why I am pleased to share with you that my office has unveiled the Orange County Clerk of Court’s 2020 Report to the Citizens. Providing this report is an important step in fulfilling this pledge of transparency.

In the report, you will see how my office has been hard at work laying the foundation for the next three years by developing a new strategic plan. The goal is to continue to elevate the clerk’s office to make it easier for you to do business with us.

It’s no secret that in order to do that, we have to continue to make enhancing digital technology one of our top priorities. Even our annual report is now being created in a more interactive, digital format that you can access from our website at www.myorangeclerk.com/annualreport. At the same time, the challenge is to stay ahead of cyber security issues as well.

I encourage you to read the report and see real examples of how my office has worked alongside the Orange County Bar Association to serve and help our community, customers, and partners.

Examples of this include our Operation Green Light events, payment plans and options, restoration of rights assistance, and free legal forums, to name a few.

I hope you’ll take some time to read the 2020 Report to the Citizens and see what we are doing to create valuable and exceptional services for everyone who does business with us.

The Honorable Tiffany Moore Russell, Orange County Clerk of Courts, has been a member of the OCBA since 2004.

MARK YOUR CALENDARS

It’s Time to Update Your Photo for the OCBA Online

Membership Directory

J.Russell Photography, which specializes in executive portraits, will be at the OCBA to take your free professional portrait for the OCBA Online Membership Directory: Portrait Dates: June 8 – 19, 2020

A J.Russell Photography representative will contact you in the near future to schedule an appointment. However, feel free to call J.Russell Photography at 512-266-8921 to schedule your appointment, or schedule online at www.goJRussell.com (choose “Schedule” from the menu on the left side of the website, and then choose “Guest Account” to get to the calendar).

All sittings are free of charge, and the photo you select for the Online Membership Directory will be published online at no charge. J.Russell Photography will also take additional shots and provide you with an opportunity to purchase a photo package for your professional or personal use.

We are pleased to bring you this free member service. J.Russell has more than 90 years of combined professional portrait photography experience and is the nation’s leading executive portrait studio. They have worked with more than 750 professional organizations and photographed more than 250,000 attorneys and physicians.

(For professional photos, appropriate dress is suggested. Ladies: a bold or bright colored long sleeved outfit.

Gentlemen: a dark jacket and tie.)

PAGE 6 www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

WHERE RESOLUTION HAPPENS

We don’t need to cancel, reschedule or defer bringing a dispute to mediation. When we can’t meet face to face, videoconferencing brings us together to create a timely resolution.

The time is right for Online Dispute Resolution with Zoom Upchurch Watson White & Max Mediation Group leads once again in making the dispute resolution process as seamless online as it is in our offices. Our 43 mediators, based in nine offices in Florida and

Alabama, routinely employ Zoom and GoToMeeting videoconferencing to give you an experience that’s the next best thing to being there, complete with private caucusing in breakout rooms.

Call or visit us online, and we will arrange everything for you.

800-863-1462 | www.uwww-adr.com theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 7

PAGE 8

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

Chief’sColumn COVID-19: The Court’s Response

T

hese are difficult and challenging times. Never before in the history of our courts have we suspended jury trials, postponed hearings, or restricted access to the courthouses for such a prolonged period. In a circuit where nearly a half a million cases were filed and almost 40,000 jurors reported for service last year – the impact of these measures on the courts is profound.

The Honorable While this idea of shutting down is not new to us – hurricanes have Donald A. Myers, Jr. forced several shutdowns over Chief Judge the past few years – the focus of Ninth Judicial Circuit Court the shutdown is. In the past, the physical impact of a storm on the courthouse buildings necessitated a shut down. One that was limited in time and scope.

The COVID-19 pandemic is vastly different. And, it’s imperative that we not lose sight of why it’s different and what’s important in handling this crisis – and that’s people. We are not concerned here about the structural soundness of a building, but rather the health and wellness of the thousands of people that walk through the doors of our courthouses every week. Every consideration, every discussion of the impact of COVID-19 and the challenges facing the courts must first take into account the safety of people.

This crisis has challenged the courts to push beyond long-held processes and procedures to find innovative ways to provide access to justice while placing the utmost priority on the health and safety of our judges, staff, legal professionals, and court users. The work of the court doesn’t stop in the face of a virus. Therefore, we need to be concerned about both the people in the building and the administration of due process; of people being in close proximity to one another and their constitutional protections. And, the Ninth Circuit has approached these challenges with the urgency, professionalism, and commitment this situation demands.

As I am sure you are all aware, we have scaled back court operations, holding only those hearings defined by the Florida Supreme Court as essential and critical to the state of emergency or the public health emergency. First appearances continue, as do criminal arraignments and juvenile delinquency detention hearings. Orders of protection for the safety of victims, Baker and Marchman Acts, guardianship, and emergency shelter hearings are also continuing in person and via remote connections. We hold these proceedings following strict social distancing guidelines – but our judiciary has implemented additional procedures to ensure everyone’s safety.

Parties are being held in separate areas of the courthouse and the jail to limit interaction and enforce social distancing. When possible, judges are appearing remotely to further limit the number of people congregating in the courtroom. Judges are leveraging their dockets to capitalize on the involvement of staff and support agency personnel while also limiting their time in the courthouse. theBriefs May 2020 Vol. 88 No. 4

Every step of the way, our judges are working to ensure that these critical emergency services remain available while placing the highest priority on health and safety.

For those nonessential matters, many – like eviction and traffic hearings – will be rescheduled. However, day by day we continue to add to the services that we are able to provide by hearing cases remotely.

The Ninth has long embraced the benefits of technology in the operations of the courts, and by leveraging that technology we were quickly able to shift many nonessential cases to a remote platform.

There has been a tremendous response from our judiciary.

In both the criminal and civil divisions, judges across the circuit have opened their calendars and dockets to schedule remote hearings. This process is far more involved than simply continuing a trial. There are hundreds of hearings a day involving hundreds of people – pretrial hearings, case management conferences, suppression hearings, evidentiary hearings, etc. – that all need to be scheduled. This is a massive undertaking, and one that has been instrumental in the continued functionality of the courts during this pandemic.

Judges in the domestic division have also opened their calendars and dockets to schedule remote hearings. Family law proceedings are being heard through either video or teleconferences, and family judges in Orange and Osceola developed a joint procedure to assist with the coordination of parenting plans during the crisis.

While injunctions for protection must still be filed in person at the courthouse, almost all other domestic violence hearings are being conducted remotely. Judges have worked together to structure their dockets to hear filings on Mondays, Tuesdays, and Wednesdays, and they have streamlined their processes to leverage interagency participation and coordination.

All of our judges have shown incredible creativity, ingenuity, commitment, and organizational skill in coordinating and creating court dockets that can be handled electronically. They have prioritized working together to manage processes and streamline procedure – and sharing these changes through their web pages on the circuit’s website. There isn’t a judge or staff member that isn’t doing everything they can to continue to meet the essential needs of our community during this pandemic. I am grateful for their commitment and work ethic and thank them for all their efforts to keep our courts operational and our community safe.

This is a unique and unusual season of life in the court, but we will find ourselves on the other side, and I think that we will experience many benefits because of it. We have gained a full appreciation for the technology, having vetted its efficiency, reliability, economy, and safety. We’ve also gained a full appreciation for what we can truly accomplish remotely – foreseeing its future impact on case flow and user access. And, we look forward to being able to open the door fully, taking with us the knowledge we’ve gained and continuing to serve the community.

The Honorable Donald A. Myers, Jr., chief judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

www.orangecountybar.org

PAGE 9

Bankruptcy LawCommittee The SBRA: Call It the Serendipitous Business Rescue Act

N

o, that’s not really what SBRA stands for. The SBRA is the Small Business Reorganization Act. It was signed into law in August 2019. Unless someone in Congress knew something even China did not know at that time, this law had nothing to do with the novel coronavirus disease (“COVID-19”). This brandnew legislation to help small businesses reorganize became effective on February 19, 2020, less Ryan E. Davis, Esq. than a month before our economy was crushed by COVID-19.

Could it be anything other than serendipity?

The SBRA gives small businesses an easier path to confirming a plan to reorganize its debts and continue as a going concern. A typical bankruptcy Chapter 11 case has a number of hurdles for a small business, including a requirement for certain creditor votes in favor of the plan, giving other parties a chance to file a competing plan (taking control away from the debtor), and the possibility that equity (the ownC. Andrew Roy, Esq. er) could lose their interest in the business entirely if creditors do not agree to something other than a minimum level of treatment in the plan.

Under the SBRA, qualifying small businesses can elect to proceed under a new “subchapter V” of Chapter 11 and bypass many of those hurdles to successfully reorganize primarily based on the business’s “disposable income.” There are a lot of nuances to the SBRA we do not cover here – our focus in this article is more on the big picture of how the SBRA could not have come at a better time.

A quick note about the “B” word.

Far too often, the stigma associated with the word “bankruptcy” keeps people from even considering it, especially for their business. And, far too often, that stigma delays a bankruptcy filing that, had it been done sooner, could have saved the business. Now, perhaps more than ever, is the time to see the word “bankruptcy” and think “hope,” not “despair.” And when you see “SBRA,” think “serendipitous business rescue,” exactly what it is.

What is a “small business?”

Before the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was signed into law on March 27, 2020 and addresses the economic impacts of, and responds to COVID-19, a small business qualified for relief under the SBRA PAGE 10

if it had less than $2,725,625 in debt. Under the CARES Act, Congress substantially loosened this limit to $7.5 million. Anecdotally, this conceivably makes most businesses in Central Florida a qualifying “small business.” This loosening is only in effect for a year until March 2021. An individual can be a “small business,” too, and qualify for the benefit of this legislation.

How did the SBRA ease confirmation requirements?

Confirmation is the objective of any Chapter 11 case. It is the bankruptcy court’s approval of the plan of reorganization that effectively becomes the contract between the debtor and its creditors. The SBRA made it easier for a small business to reach this milestone with the following: (1) Only the debtor can file a plan.

Lenders and other creditors no longer have the right to file a competing plan of reorganization. While debtors in Chapter 11 always have an exclusivity period, debtors can still face competing plans by lenders and other creditors when the timeframe expires. Fending off a competing plan of reorganization can be very expensive, especially for the small business. Under the SBRA, only the debtor can file a plan of reorganization.

(2) No disclosure statement needed.

In a typical Chapter 11 case, the debtor must file a disclosure statement with the plan. The disclosure statement is intended to provide “adequate information” for a creditor to decide whether to accept or reject the plan. Generally, before soliciting votes on the plan, the debtor must get the disclosure statement approved by the bankruptcy court, and then send out the disclosure statement and plan. It is an extra layer of administrative burden and expense that the SBRA dispenses with. Instead, the debtor must provide projections and a liquidation analysis with the plan.

(3) No need for an impaired accepting class.

One of the biggest hurdles for any small business debtor is convincing a class of creditors to vote in favor of the plan of reorganization. In many instances, one creditor, typically a lender, can block confirmation of the plan of reorganization through its secured claim and unsecured deficiency claim. Based upon the size of the deficiency claim, a lender can outweigh the votes of the other unsecured creditors and prevent confirmation, even if trade creditors prefer the plan of reorganization versus liquidation. This is no longer the case under the SBRA – a plan can be confirmed even if no creditor accepts it. This change levels the playing field for small businesses trying to reorganize. However, there are certain consequences if the plan is nonconsensual, including that a trustee administers plan payments.

(4) No more absolute priority rule.

The absolute priority rule is a significant deterrent to filing bankruptcy for many small businesses because it creates a significant risk for equity. Under the absolute priority rule, the unsecured class of creditors must vote in favor of the

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

plan or be paid in full prior to equity’s retention of its interest. This rule puts the owner’s interest in the business at risk of divestment, which results in the owner losing his or her business. Now, small businesses must only meet a disposable income test for equity to retain its interest, which is a much lower standard.

What other benefits did the SBRA create?

There are several other benefits for small businesses under the SBRA, all of which are intended to reduce administrative burdens and expenses, and overall make it easier for a small business to exit bankruptcy as a viable, going concern. These include: (1) No quarterly United States trustee fees.

Small business debtors no longer have to pay quarterly United States Trustee fees, which are based upon disbursements during the preceding quarter. The quarterly fees create an additional burden for small businesses that are already struggling.

These fees are now eliminated for the small business debtor, which preserves cash for the ordinary course of business expenses and for plan payments.

(2) No Committee of Unsecured Creditors.

The United States Trustee’s office can no longer appoint an official committee of unsecured creditors.

This is significant in that committees are paid from funds of the bankruptcy estate and create an additional layer of cost and expense for the small business. While a subchapter V trustee will be appointed, with a role similar to that of a committee, the costs of a trustee should be much lower.

(3) Modification of home mortgages.

Home mortgages are generally immune from modification during the course of a bankruptcy case.

The SBRA creates an exception under which home mortgages may be modified if the proceeds from the loan were used primarily in connection with the small business of the debtor. This exception will generally pertain to second mortgages, as proceeds from first mortgages will typically be used for acquisition of the home rather than for business purposes. This provision could prove very beneficial to small business owners with home equity lines of credit (“HELOCs”).

What’s a creditor to do?

The SBRA is not all “bad” news for creditors (after all, some creditors are small businesses themselves). First, though somewhat counterintuitive, having a debtor successfully reorganize greatly increases the chance the creditor will get cash in their pocket – everybody wins, even if it’s not the ideal 100% repayment with attorneys’ fees and interest. Second, though many hurdles for the debtor are removed, it’s not a free-for-all. All the usual confirmation requirements still must be met, and the debtor cannot linger for months (even years) in its case – it must file a plan in 90 days after the case is filed. Third, secured creditors, for the most part, will not see a huge change in their treatment – cramdown of their claims generally remains the same. In other words, there is still leverage for a creditor to reach an agreement on acceptable treatment of its claim.

So, what’s next?

As of the date of publication, in response to the COVID-19 pandemic and its accompanying economic shutdown, state and local orders are giving some relief to small businesses already, like suspensions of the issuance of writs of possession “forthwith.”1 Federal and state relief may also be helping get small businesses immediate working capital to help with cash flow and expenses while the economy remains at least partially shutdown. As the effects of that relief begin to wane, expect to see a wave of bankruptcy filings, many of which are likely to proceed under the SBRA’s subchapter V. As those cases progress, the intent of the SBRA “to streamline the process by which small business debtors reorganize and rehabilitate their financial affairs”2 will be put to the test. Time will tell whether the SBRA’s arrival was truly the serendipitous rescue small businesses needed, especially during an unprecedented health and financial crisis.

Ryan E. Davis, Esq., a shareholder at Winderweedle, Haines, Ward & Woodman, P.A., practices in the areas of bankruptcy, creditor’s rights, and commercial litigation and is chair of the firm’s Bankruptcy and Creditor’s Rights Department.

He is a Certified Business Bankruptcy Specialist by the American Board of Certification and has been a member of the OCBA since 1999.

C. Andrew Roy, Esq., a shareholder at Winderweedle, Haines, Ward & Woodman, P.A., practices in the areas of bankruptcy, creditor’s rights, general counsel, and appeals, focusing on helping businesses, including startups and small/medium-sized businesses as their outside general counsel. He is the current president of the OCBA Young Lawyers Section and has been a member of the OCBA since 2011.

Florida Supreme Court Administrative Order No. AOSC20-17 suspends the requirement of Florida Rule of Civil Procedure 1.580(a) that requires a clerk to issue a writ of possession “forthwith.” That suspension was extended through May 29, 2020 by Administrative Order No. AOSC20-23.

1

Report of Committee on the Judiciary, House of Representatives, Report 116-171, 116th Cong., 1st Sess., on Small Business Reorganization Act of 2019, at 1, available at https://www.govinfo.gov/content/pkg/CRPT116hrpt171/pdf/CRPT-116hrpt171.pdf.

2

Invite your colleagues to join the OCBA today!

Go to: www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!

407-422-4551, ext. 225

Maria E. Espinosa, Esq. Schedule at:

407-733-3662 espiesq@aol.com

Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015

Direct: 407-733-3662 espiesq@aol.com

Bilingual English/Spanish

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 11

Labor & EmploymentCommittee

T

COVID-19-Related Paid Sick and Family Leave: A Federal First

he Families First Coronavirus Response Act (“FFCRA”)1 represents the first time that federal law requires certain employers to provide paid leave to their employees, in this case for certain COVID-19-related qualifying reasons. The FFCRA includes the Emergency Paid Sick Leave Act (“EPSLA”)2 and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”),3 Rachel D. Gebaide, Esq. both of which went into effect on April 1, 2020.

Emergency Paid Sick Leave Act The EPSLA requires all employers to provide paid sick time (“COVID-19 Paid Sick Leave”) to each of its employees, regardless of how long the employee has been employed by the employer and regardless of whether the employee is considered full-time or part-time or classified in some other capacity.

Employers must provide paid sick time to an employee who is unable to work (or telework) Morey Raiskin, Esq. because: (1) The employee is subject to a Federal, State or local quarantine or isolation order related to COVID-19.

(2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

(3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

(4) The employee is caring for an individual who is subject to a Federal, state or local quarantine or isolation order related to COVID-19 or has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.

(5) The employee is caring for the employee’s son or daughter if the son or daughter’s school or place of care has been closed, or the childcare provider of such son or daughter is unavailable, due to COVID-19 precautions.

(6) The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Full time employees are entitled to 80 hours of paid leave. Part time employees are entitled to the average number of hours worked over a two-week period.

PAGE 12

An employee using Emergency Paid Sick Leave under the Act pursuant to (1), (2), or (3) above must be paid at the employee’s regular rate of pay; however, sick leave is capped at $511 per day and $5,110 in the aggregate. An employee using Emergency Paid Sick Leave under the Act pursuant to (4), (5), or (6) above must be paid at no less than two-thirds (2/3) the employee’s regular rate of pay; however, sick leave is capped at $200 per day and $2,000 in the aggregate.

Employees may but are not required to use Emergency Paid Sick Leave under the Act before using any other paid leave benefits provided by the employer. The employer may not dictate the order in which an employee takes leave for a qualifying reason.

Emergency Paid Sick Leave under the Act does not carry over from year to year and is not paid out upon the employee’s termination from employment for any reason.

Employers who violate the EPSLA are deemed to have failed to pay minimum wages under the Fair Labor Standards Act and are subject to the same penalties under it (e.g., back pay, liquidated damages, and attorneys’ fees and costs).

Emergency Family and Medical Leave Act The EFMLEA expands the FMLA to provide leave (“COVID-19 FMLA Leave”) to an employee who is unable to work (or telework) because the employee needs to care for the employee’s son or daughter under 18 years of age if the son or daughter’s school or place of care has been closed, or the childcare provider of such son or daughter is unavailable, due to the COVID-19 public health emergency declared by a Federal, State, or local authority.

The EFMLEA applies to all employers with fewer than 500 employees, which means, unlike the traditional reasons for taking FMLA, the EFMLEA applies to employers with fewer than 50 employees within a 75-mile radius. An employee is eligible for COVID-19 FMLA Leave if the employee has been employed by the employer for at least 30 calendar days, which, again, is unlike traditional FMLA leave.

An employee who qualifies for COVID-19 FMLA Leave may take up to 12 weeks of COVID-19 FMLA Leave. The leave is not in addition to traditional FMLA Leave. Accordingly, an eligible employee may have fewer than 12 weeks of COVID-19 FMLA Leave available if the employee has already taken traditional FMLA leave in the applicable 12 month period. Similarly, an employee who uses all 12 weeks of COVID-19 FMLA Leave will not have any FMLA available during the remainder of the applicable 12 month period if the employee needs leave for any other qualifying reason under the FMLA, such as caring for a family member with a serious health condition or because of the employee’s own serious health condition.

Employers must pay employees for a portion of COVID-19 FMLA Leave as follows: (1) The first 10 days of COVID-19 FMLA Leave may consist of unpaid leave. Employees may elect to substitute accrued vacation leave, personal leave, or medical or sick leave for the unpaid leave.

www.orangecountybar.org

continued page 24

theBriefs May 2020 Vol. 88 No. 4

Legal Aid SocietyNews Plenty of Boots Still on the Ground Even If the Ground Is Virtual “How can I help?” ithout fail, it is the question we have heard most from members of the OCBA within the past couple of months. While COVID-19 has changed how we operate, it has not changed who we are. The Legal Aid Society of the OCBA exists in our current form because our legal community believes in supporting the most vulnerable Bethanie A. Barber, Esq. of our entire community. The immediate collaboration between staff, the court, the clerk’s office, and volunteers on critical public issues like access to the court, housing, and tax assistance were just three instances of the OCBA’s continued commitment, especially in this time of crisis.

Like so many other law firms, our tiny, yet mighty Legal Aid office converted to a telecommuting system in March. We placed signs on our windows and messages on our social feeds informing the community that while our doors were physically closed, we remained open to the public for Larri T. Thatcher, Esq. service. We converted our intake system, which is usually a physical presence-heavy legal intake triage process, to an entirely telephonic process… then we braced for impact.

We serve the homeless, victims of physical battery quietly calling from remote corners of their homes trying to seek help as their abuser sits in the other room, as well as people who recently lost their employment and just received an eviction notice. Assisting such a fragile population means we feel a deep sense of responsibility to maintain constant contact with our clients.

As expected, our request for services continues, even with the onset of COVID-19. Even while people struggled with where and how to feed their families, educate their children, and meet their basic needs, they made time to call our office for assistance. In our first two weeks of remote telephone intake, we received 166 calls for assistance. To us, that meant 166 people asked the Legal Aid Society of the Orange County Bar Association, Inc., to help guide them and their families through crisis.

With Florida Supreme Court and government directives to modify operations out of medical necessity, access to legal services changed almost daily. Legal Aid, with the help of by-the-minute information from Orange County judges and Orange County Clerk of Courts, immediately began to push out “How to Access…” and

W

theBriefs May 2020 Vol. 88 No. 4

“What this Means for You…” publications to the community. The clerks kept us informed of system changes; judges, including Judge DuBois, called our office to make certain we were aware of court operations procedures; and community partner agencies checked in to update us on their services. This enabled us to update the public on how to respond to eviction actions, what happens if you have a scheduled mediation date, and where to go for assistance.

We are keeping our communications manager busy posting and tweeting as much information as possible to our vulnerable clients and the community-at-large. Informational flyers on tax changes, webinars in Spanish, and consumer case mediation process changes have all accompanied quickly changing eviction procedures, among others. Our staff has been called upon to present webinars with other community partners and is in the process of creating more informational social media events with those partners.

All the while, pro bono attorneys continue to handle their Legal Aid cases, return closing reports, and reach out to us with inquiries about how they can help. Jenny Brown, OCBA executive director, maintains frequent contact, diagramming OCBA volunteer response. Legal Aid Board of Trustee members meet us at the front doors of their homes to review and sign checks, keeping the office in full operation. Everyone does their part.

Our staff is still available to help pro bono attorneys with their cases. From her living room at home, one of our staff was able to assist a pro bono attorney locate a newspaper and their requirements for effectuating service of process by publication in another state, placing her pro bono client one step closer to ending a painfully oppressive relationship. This staff-volunteer attorney collaboration means one less of our fellow community members in crisis. The OCBA’s pro bono dedication remains on full display, as we are still able to place bankruptcy, guardian ad litem cases, sealing/expunction cases, consumer matters, and Dissolution of Marriage cases with volunteer attorneys, even while under COVID-19-forced telecommuting.

We do not know what Legal Aid Society operations will look like at the time of this article’s publication. We may be back in our office, cautiously yet happily conducting client intake face-to-face in our lobby and meeting rooms. Alternatively, we may still work from separate spaces, remaining connected by dozens of daily phone and video conferences. Regardless of how we operate, we know the heart of the operation remains unchanged: let OCBA muscle memory take over and meet the community need. Global epidemic or not, “help” is what we do as the OCBA. For more information about the Legal Aid Society, please contact Bethanie Barber at 407-841-8310, or bbarber@legalaidocba.org.

For more information about pro bono service, please contact Larri Thatcher at 407-841-8310, or lthatcher@legalaidocba.org.

Bethanie A. Barber, Esq., is the executive director of the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

Larri T. Thatcher, Esq., is the deputy director, pro bono coordinator of the Legal Aid Society of the Orange County Bar Association. She has been a member of the OCBA since 1996.

www.orangecountybar.org

PAGE 13

Legal Aid SocietyWhat We Do...

H

Legal Aid’s VALOR Project Success Leads to Increased Demand for Services

ere we are in May and almost halfway through another year. May in Florida brings nice weather, beaches, water parks, and fun-filled summer days. It’s a time to enjoy and appreciate all that living in Florida has to offer. May is also National Military Appreciation Month, so please take a moment to remember those who have served in our country’s armed forces. Many of those folks are our neighbors here Jamos “Jay” Mobley, Esq. in Orange County and, unfortunately, many veterans, surviving spouses, or their caregivers are living at or below the poverty level.

At Legal Aid, we support our low-income veterans through our VALOR Project. This project is a medical-legal partnership with the Orlando VA Medical Center. Legal Aid holds several walkin legal clinics per month at both the VA Outpatient Center in Baldwin Park and at the VA Medical Center in Lake Nona. The legal clinics offer veterans, surviving spouses, and their caregivers an opportunity to meet face-to-face with an attorney who can provide immediate advice and referrals to appropriate agencies, as well as conduct client intake on matters that are handled by Legal Aid’s pro bono panel. For example, a pro bono attorney recently helped a veteran clear up the deed to the home she shared with her recently deceased mother. The mother needed someone to stay with her, so her daughter moved in. The arrangement worked well for years until mom passed away without leaving a will. Fortunately, the attorney was able to assist with probate for the meager estate, and the client could acquire a deed in her name for the property. Legal Aid’s pro bono attorneys are able to provide assistance in family law, housing, consumer debt and bankruptcy, sealing and expunction of records, preparation of simple wills, and, occasionally, simple probate matters.

The pro bono attorneys who volunteer their time to staff these clinics come from a variety of backgrounds and practice areas.

However, they all share a strong desire to give back to our lowincome veterans. This is apparent by the fact that in addition to conducting intake with our clinics, many of them take their volunteerism a step further and accept cases from the clinic. Their dedication to this project is also evidenced by the fact that many of them have worked with the VALOR Project for several years. I think it is appropriate that we not only acknowledge our appreciation for our veterans this month but that we also take a moment to acknowledge the attorneys who make this project such a suc-

PAGE 14

cess. Legal Aid’s 2020 VALOR Project clinics are staffed by the following dedicated volunteer attorneys: Frank M. Bedell Tommy Boroughs Margaret Douidy Timothy Hughes Robyn Lesser Ivan Lys-Dobradin Ashley Morrison Daniel J. Quinn Emery H. Rosenbluth Jr. Jennie Schwartz John Stone Wendy Toscano Jim Turner One measure of the VALOR Project’s success is the number of veterans we have helped. Our requests for assistance have grown from 298 in 2017 to 391 in 2019. The reason for this increase was best explained by a veteran I recently assisted with a simple will.

He told me he knew to reach out to the VALOR Project because several of his friends told him how helpful our project is. Praise such as this would not be possible without the amazing team of pro bono attorneys who volunteer with Legal Aid. Our VALOR pro bono attorneys give so much to build a community our veterans have worked so hard to defend. The mutual level of respect each feels for the others is almost overwhelming.

Due to the increase in applications for assistance, particularly with bankruptcy and simple probate matters, Legal Aid needs more attorneys who are willing to take on pro bono cases from the VALOR Project. If you can take a case or two in family law, housing, consumer debt, bankruptcy, sealing and expunction of records, preparation of simple wills, or simple probate matters, please contact us. We want YOU! You can reach out to me directly at jmobley@legalaidocba.org, or 407-841-8310 ext. 3124, to let me know what kind of cases you can assist with or if you have any questions about the project. For more information about becoming a Legal Aid Society financial donor, please contact Donna Haynes, development director, at dhaynes@legalaidocba.org, or 407-515-1850.

Jamos “Jay” Mobley, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

Evening with the Judiciary OCBA Young Lawyers Section February 26, 2020 Orlando Museum of Art

Michael Cybrynski Hon. Diana Tennis Hon. Gisela Then Laurent

Hon. Chad Alvaro, Tom Marks, Elizabeth Gibson, Hon. Lisa Munyon

Bryan Crews, Hon. Lawrence Kirkwood, Hon. Julie O’Kane Hon. Tom Young, Brett Renton

Hon. James Edwards, Hon. Carly Wish

Larry Smith Jennifer Smith Thomas Hon. James Edwards Hon. Lisa Munyon Hon. Alan Apte

theBriefs May 2020 Vol. 88 No. 4

Hon. Steve Jewett Hon. Andrew Cameron Hon. Alicia Latimore Hon. Robert Egan

www.orangecountybar.org

PAGE 15

PAGE 16

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

Law Day 5K

February 29, 2020 Lake Baldwin Park GOLD Cole, Scott & Kissane, P.A. Dellecker Wilson King McKenna Ruffier & Sos, LLP SILVER Colling Gilbert Wright & Carter Lynx Legal Services BRONZE Sanchez and Eggebrecht, P.A. Taitt Law, P.A. The LaRue Firm, PLLC SUPPORTING Shannin Law Firm, P.A. Veritext MILE MARKER Mark Van Valkenburgh for Circuit Judge Rhiannon Arnold for Circuit Judge MILE MARKER 3 & WATER TABLE ShuffieldLowman BREAKFAST Barbara Leach for Judge Deborah Barra for State Attorney Fishback Dominick Holland & Knight LLP BLOCK PARTY Judge Mike Kraynick for Circuit Judge

theBriefs May 2020 Vol. 88 No. 4

PHOTOS: RJRjr Photography

www.orangecountybar.org

PAGE 17

100% Club Recipient Perez LaSure Law Kimberly A. LaSure LaShawnda K. Jackson 100% Club Recipient: The Marks Law Firm, P.A. Matthew B. Capstraw, LaShawnda K. Jackson, Thomas D. Marks Paul C. Perkins Bar Association Members

Landra Robeson Roger L. Johnson

Lori Borg, Johanna Proctor Seacoast Bank, Sponsor

C. Andrew Roy PAGE 18

www.orangecountybar.org

PHOTOS: Flo Boehm

theBriefs May 2020 Vol. 88 No. 4

OCBA February Luncheon Valentino Dixon

February 27, 2020 Embassy Suites by Hilton Downtown Orlando Co-host: Paul C. Perkins Bar Association Title Sponsor: Seacoast Bank

Scott Randolph, Tax Collector Hon. Eric H. DuBois

Hon. Tiffany Moore Russell Roger L. Johnson, Valentino Dixon, Anthony F. Sos Valentino Dixon receives a quilt created by one of the hundreds of quilters from across the country who donated them to victims and families following the Pulse tragedy.

Anthony F. Sos, Valentino Dixon, Roger Johnson

Robert Rivera, Jessica A. Travis, John D. Willbur

Tracy A. Zanco, Christian N. Horde Elder Law Committee

Jones High School Master Singers

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 19

Going your separate ways doesn’t have to get ugly.

The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice. To become a Featured Benefits provider, contact our Advertising & Sponsorship Department.

•Legal Support Services•

HARD ENOUGH. Mediation can make things easier. As a licensed mediator, Mark Lang can help a family find the best way forward.

Certified Florida Supreme Court Family Law Mediator MARK LANG & ASSOCIATES

LANGLAW.NET | OFFICES: WINTER PARK | TEL: 407.599.4433

OCBA’s The Legal Limit Podcasts

Casetext – A smarter legal research platform that saves attorneys time and money through cutting-edge research tools, including artificial intelligence technology, comprehensive materials, and affordable pricing. OCBA members receive 15% off after a free 14-day trial at: https://info.casetext.com/orange-county.

Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee • Clio.com/OCBA DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979 • Evelyn Quintana • 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-423-9900 • evelyn@milestonereporting.com Smith.ai – A superior virtual receptionist service for phone calls, website chat, and text messages. • (Our U.S.-based professionals answer calls and chats; screen and intake clients; schedule appointments; and take payments.) OCBA members get a free trial, $100 off the first month(s) of calls or chats with code OCBA100, 5% off bundled services, and 15% off annual plans paid upfront (otherwise, plans are month-to-month). Learn more and sign up at https://smith.ai/member-benefits/orange-county-bar-association-fl

•Professional Services•

Seacoast Bank – Your Florida community bank • Charlene Hotaling, VP – Business Banking Manager • 1031 W. Morse Blvd., Suite 160, Winter Park, FL 32789 • 407-629-9089 • Charelene.Hotaling@SeacoastBank.com BoardroomPR – An Integrated Florida Law Firm Marketing & Communications Agency serving statewide full-service law firms, top specialized boutiques and one- and two-lawyer firms since 1989. Michelle Griffith • 37 N. Orange Avenue, Suite 500, Orlando FL 32801 • 407-973-8555 • mgriffith@boardroompr.com

•Office Equipment / Services•

Verizon Wireless – Receive significant discounts on wireless calling plans, as well as discounts on accessories, devices and smartphones. Eligibility requirements apply. Visit NPP to learn more and to start saving.

Office Depot – With more than 16,000 in-stock office supply products, Office Depot has an extensive variety of products and services to meet the needs of all NPP members nationwide.

Level(3) – Toll-free audio conferencing for only 2 cents per minute; no contract, setup or monthly fee. Additional telecomm solutions available. Enroll with NPP and start saving today!

•Personal Services•

Interviews with candidates for state attorney for the Ninth Judicial Circuit are now available: Belvin Perry, Jr., Esq. • Ryan Williams, Esq. Deborah Barra, Esq. • Kevin Morenski, Esq. Subscribe to The Legal Limit on your favorite podcast app, or follow on Twitter at @tll, Facebook at https:// www.facebook.com/TLLOCBA/, or Instagram @TLLOCBA. Look for additional podcasts as they become available.

The state attorney candidate series was sponsored by Dellecker Wilson King McKenna Ruffier & Sos, LLP

Expedia – Receive a discount on hotels from Expedia. Sign up today at NPP and find your freedom with an additional discount over and above Expedia’s already low prices. Visit NPP to learn more and to start saving.

1-800-Flowers.com – NPP members save 20% on 1-800-Flowers.com and 1-800-Baskets.com. Enroll with NPP and start saving today!

DentalPlans – Members can receive a 15% discount, plus 3 months free with :DentalPlans. Choose from over 30 plans from healthcare brands like Cigna and Aetna. Annual dental savings plans range from $79 – $299 and cover over 100,000 dentists nationwide. Visit NPP to learn more and to start saving.

Skechers – -Direct Receive 30% off select Work and Corporate Casual styles including OSHA Compliant footwear and work boots. Enroll with NPP and start saving today!

Sherwin-Williams – NPP members receive national account contract pricing on paints, coatings, and supplies. Members also receive free services on order planning and specification recommendations. Visit NPP to learn more and to start saving.

The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

PAGE 20 www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

BUSINESS MEDIATI ON THOMAS P. WERT Florida Supreme Court Certified Mediator ■ Certified Federal Court Mediator, Middle District Of Florida ■ 27 Years Experience In Business Litigation ■ Florida Bar Board Certified Specialist In Construction Law ■ Governor, Florida Bar ■

CALL 407-428-5197 OR CONTACT twert@deanmead.com

OFFICES DOWNTOWN ORLANDO

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 21

GOAABA GOAABA & YLS Joint Seminar

GOAABA Lunar New Year | Onchantho Am, Leia Leitner, Mayor Jerry L. Demings, Orange County Asian Committee

GOAABA & PCPBA Joint Seminar

C. Andrew Roy, Tara Tedrow, Hon. Vincent Chiu, Hon. Jeanette Dejuras Bigney, Hon. Denise Beamer, Leia Leitner

GOAABA Seminar Sponsor Evelyn Quintana, Milestone Reporting Michael McDonner, Milestone Reporting Leia Leitner

Ashley Wright, Roger Johnson, Bettina Tran, Kenway Wong, Avita Samaroo, Shante Pressley, Annie Kwong, Leia Leitner, Scott Leitner, Professor Randolph Reliford

CFAWL

Yappy Hour March “This is Us” Luncheon CFAWL Members Hon. Donald A. Myers, Jr. PAGE 22

Supporting Stetson FAWL Chapter

Marlow & Lauren Millcarek Marshmallow & Jamie Billotte Moses Gizmo & Mary Walter

Jamie Billotte Moses, Tina Leger, Mary Walter www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

Voluntary BarNews SideBar

W

ith so much uncertainty in the world, it helps to be mindful of the good work going on in our legal community.

A special thank you to our voluntary bar associations for providing some positive news to focus on and for transitioning from inperson events to online meetings to help us stay connected while also helping the community stay safe.

Alena V. Baker, Esq.

George C. Young American Inn of Court

The Honorable Bob LeBlanc, president of the George C. Young American Inn of Court, welcomed attendees to a joint meeting with members of the Vassar B. Carlton American Inn of Court from Brevard County. There were approximately 118 attendees, roughly 20 of whom made the trip over from Brevard County.

The pupilage group presented on the “Business of Law,” using a series of pre-recorded videos to present various cases of ethics violations involving the business of running a law firm. All the vignettes were from published Florida Supreme Court opinions.

The topics included representing multiple, related, limited liability companies; using the trust account; taking non-refundable retainers in dissolution of marriage matters; and hiring people with a history of committing financial fraud.

CFAWL

The Central Florida Association for Women Lawyers is heading into the final quarter of the term and has crushed its #CFAWLRocks theme!

At the March “This is Us” luncheon at the Citrus Club, CFAWL members were encouraged to mingle at themed tables based on their interests to get to know other members better. CFAWL members found out who has a side hustle, does CrossFit training, does Savage obstacle races, or rides a Peloton bike, among others.

Members shared whether they had traveled in the past to Egypt, China, or Dubai. Members cultivated new relationships and loved this unique format.

Although the reception was postponed, CFAWL was honored to recognize these Women of Distinction: Groundbreaker: the Honorable Tiffany Moore Russell; Torchbearer: the Honorable Gisela Laurent; Pathfinder: Professor Pat Broussard, FAMU College of Law; Peacekeeper: Officer Gladys Justiniano, Orlando Police Department; Legacy-Builder: Tiffany Faddis; and Trendsetter: Onchantho Am. CFAWL will reschedule its event celebrating these amazing women. Keep an eye out for the new date.

CFAWL is looking forward to finishing the year strong. Look for updates on social media regarding rescheduled events, and join CFAWL for its next program as members continue to support women in the legal community.

GOAABA

Recapping the past few months, the Greater Orlando Asian American Bar Association has been very busy partnering with various bar associations to present a CLE series. On February 4, 2020, GOAABA partnered with the Paul C. Perkins Bar Association to co-host an event titled “Pathways to the Future,” where attorneys from each organization conducted mock interviews with 66 law students to help them improve their interviewing and networking skills. The event was funded by a grant from The Florida Bar Young Lawyer’s Division’s Voluntary Bar Association Diversity Leadership Grant program.

February was a busy month! On February 9, 2020, members enjoyed participating in the Dragon Parade Lunar New Year Festival with the Orange County Asian Committee. Members brought awareness about how to register to vote in the upcoming election and handed out fortune cookies to the community. Then, on February 21, 2020, GOAABA partnered with the OCBA Young Lawyers Section for the first time ever to present “Pathways to the Bench,” featuring the Honorable Denise Beamer, the Honorable Jeanette Dejuras Bigney, and the Honorable Vincent Chiu to discuss their journeys to the bench. Each of their stories was inspirational and authentic. Tara Tedrow, chair of the Ninth Circuit Judicial Nominating Commission, provided insightful information on the judicial nominating process.

On March 12, 2020, members presented a CLE titled “How to Persuade a Jury within 30 Seconds,” at the Citrus Club. The presentation, which was sponsored by Milestone Reporting, provided helpful tips on how to win over a jury through innovative demonstratives during opening statement at trial.

Lastly, a huge congratulations goes to GOAABA’s past president, Lisa Gong Guerrero, for being elected to the OCBA Executive Council! We are very proud of Lisa’s accomplishments. That said, we hope to bring virtual events and Zoom meetings as we stay in our homes to prevent the further spread of COVID-19 during the coming months.

CLS

The Christian Legal Society – Central Florida Chapter is joining our “SideBar” news column! The society plans to hold bimonthly meetings, with the next meeting scheduled for May 2020. During the past year, CLS welcomed new leadership, including A. Jay Fowinkle, president; Elizabeth Gibson, vice president; Hallie Zobel, secretary/treasurer; and Ashley Baillargeon, law school liaison. Other members of the board of directors are Tom Marks, Josh Grosshans, Ronny Edwards, Tim Schulte, and Carmine Bravo.

The board met on March 18, 2020, where leadership discussed reestablishing CLS law school chapters at both FAMU College of Law and Barry University School of Law and getting to know members better by scheduling one-on-one meetings, building a social media presence, and more. At its recent March meeting, members heard from Dianne E. Carlson, director of Justice Initiatives of African Leadership and Reconciliation. continued page 24

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 23

Labor & EmploymentCommittee continued from page 12

(2) After the first 10 days of COVID-19 FMLA Leave, employers shall provide paid COVID-19 FMLA Leave at no less than two-thirds (2/3) of an employee’s regular rate of pay based on the number of hours the employee would otherwise be normally scheduled to work or, for variable hour employees, based on a formula provided in the Act. The paid leave is capped at $200/day and $10,000 in the aggregate, per employee.

COVID-19 FMLA Leave (as well as COVID-19 Paid Sick Leave) may also be taken intermittently if the employee and employer agree. 29 CFR § 826.50.

Employers with fewer than 25 employees may be excused from restoring an employee who has taken COVID-19 FMLA Leave to the employee’s position or to an equivalent position, which is normally required after traditional FMLA leave, upon certain conditions.

Employers with fewer than 50 employees cannot be sued by an employee for civil damages in an FMLA lawsuit, although the Secretary of Labor still may enforce the EFMLEA against small employers through administrative and/or civil actions.

Notice Requirement Employers must give notice to employees about the availability of leave under the EPSLA and the EFMLEA. The U.S. Department of Labor (“DOL”) has published a model poster, and employers can satisfy their notice obligation by posting the notice in a conspicuous place where employees will see it. Given the number of employees currently working remotely or, perhaps, not working (i.e., furloughed) but still employed, employers may need to give notice by means other than the traditional physical posting in a break room. For example, employers can email or physically mail the notice or direct employees to the company’s intranet where the notice is electronically posted.

Health Care Workers The FFCRA provides that an employer of an employee who is a health care provider or an emergency responder may elect to exclude such employee from coverage under the EPSLA and EFMLEA. One of the DOL’s temporary rules expands the definition of “health care provider” for purposes of the FFCRA to include not just diagnosing providers but any employee who works in or provides services to certain health care or health-care related institutions. 29 CFR § 826.30(c).

Small Business Exemption A business with fewer than 50 employees may claim an exemption from providing COVID-19 FMLA Leave or COVID-19 Paid Sick Leave only for an employee who needs leave to care for their son/daughter whose school/day care is closed because of the pandemic. No business may claim an exemption from providing COVID-19 Paid Sick Leave to an employee who needs leave for any of the other five (5) qualifying reasons. The exemption may be claimed if the business determines that providing the leave would jeopardize the viability of the business as a going concern. The DOL has outlined the specific determination that small businesses must make to claim the exemption. 29 CFR § 826.40(b).

Congressional Criticism of DOL Regulations On April 1, 2020, Congress issued a joint letter to the DOL4 criticizing several of the DOL’s responses in a published “FFCRA: Questions and Answers” which immediately preceded the Temporary Rule, 29 CFR § 826, et seq. In the joint letter, Congress decried the DOL’s approach to the EPSLA and EFMLEA. For example, Congress found the DOL had no authority to expand the definition of “health care provider,” underscoring that the FFCRA states explicitly the employee must be a health care provider in order to be exempted, and “not that the employee works for an employer who is a health care provider. . . .” Congress also condemned the requirement that the employer agree to any intermittent leave, finding that the “DOL has the responsibility to provide the maximum flexibility for workers during this crisis— not restricting their leave to when employers’ grant their consent.” Notwithstanding these and other criticisms, the DOL rule remains intact.

Who Pays for COVID-19 Paid Leave?

Employers providing COVID-19 Paid Sick Leave and COVID-19 FMLA Leave are eligible for dollar-for-dollar reimbursement through payroll tax credits. These tax credits are different from the tax credits that may be available under the CARES Act. Employers should contact their tax advisors to understand how to utilize FFCRA tax credits.

When Does the Obligation to Provide COVID-19 Paid Leave End? The COVID-19 Paid Sick Leave and COVID-19 FMLA Leave laws expire on December 31, 2020. Congress determined this sunset date based on the information available in mid-March 2020 about coronavirus, which continued to evolve, resulting in “shelter in place” or “stay at home”

PAGE 24

www.orangecountybar.org

orders in several states, including Florida.5 Depending on the status of the country’s recovery from this pandemic, it is possible that Congress will amend the FFCRA and extend the EPSLA and EFMLEA sunset beyond December 31, 2020.

Finally, while other jurisdictions mandate employer-provided paid sick leave, Florida does not and local Florida governments are precluded from enacting their own paid sick leave ordinances.6 Now that the federal government has dipped its toe into the paid leave pool, albeit for an extraordinary reason, and provided other relief to working families, it seems more likely, or at least less remote, that the efforts of paid leave advocates may come to fruition under future federal or Florida laws after the COVID-19 crisis abates.

Rachel D. Gebaide, Esq., is a shareholder at Lowndes and chairs the firm’s Employment Law Practice Group. She is a past chair of the OCBA Labor & Employment Law Committee. She has been a member of the OCBA since 1999.

Morey Raiskin, Esq., recently returned to Lowndes as of counsel, having previously practiced there as a shareholder and chair of the Employment Law Group from 1990 - 2012. Prior to Lowndes, he served as in-house employment counsel for Harcourt Brace Jovanovich, the textbook publishing company, and SeaWorld. He has been a member of the OCBA since 1982.

Pub.L. 116-127, § 1, March 18, 2020, 134, Stat. 178.

Pub.L. 116-127, Div. E, §§ 5101 et seq., March 18, 2020, 134, Stat. 195.

3 Pub.L. 116-127, Div. C, § 3101 et seq., March 18, 2020, 134 Stat. 189.

4 Murray, P. and DeLauro, Rosa L., Congress of the United States, to the Honorable Eugene Scalia, Secretary, U.S. Department of Labor, April 1, 2020.

5 Florida Exec. Order No. 20-91 (April 1, 2020), https:// www.flgov.com/wp-content/uploads/orders/2020/ EO_20-91-compressed.pdf, as amended by Florida Exec. Order No. 20-92 (April 1, 2020), https://www. flgov.com/wp-content/uploads/orders/2020/EO_2092.pdf.

6 Section 218.077, Fla. Stat. (2019).

1 2

Voluntary BarNews continued from page 23

CLS is looking forward to a great year!

Keep up with news on Twitter, Instagram, and Facebook. #CLSCFisawesome. For more information, please contact A. Jay Fowinkle at 407-872-3161, or af@markslawfla.com.

Stay well and stay safe!

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She is a board member of the OCBA Criminal Law Committee and has been a member of the OCBA since 2011.

theBriefs May 2020 Vol. 88 No. 4

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 25

Lawyer Referral and Information ServiceNews Tried, True, and New LRIS Programs

F

or more than 30 years, the OCBA’s Lawyer Referral and Information Service (“LRIS”) has provided quality lawyer referrals to members of our community from a dedicated group of OCBA attorney panel members. The program has grown to include referrals in 21 practice areas, each of which allows panel members to select from a large variety of practice-specific legal Candice Maull, CP concerns. In addition, the Modest Means Program helps individuals in nine practice areas, including two new areas: Business-COVID-19 and EmploymentCOVID-19. Recently, LRIS added the Modest Means Guardian ad Litem Appointment Panel. LRIS continues to hold community Ask-a-Lawyer meetings in convenient locations throughout the county and stream them live on Facebook.

Modest Means Guardian Ad Litem Appointment Panel The Lawyer Referral and Information Service is pleased to assist the court in offering GAL appointments through the Modest Means Program. Parties who meet OCBA Modest Means financial eligibility requirements may have a Modest Means GAL appointed to address specific issues as ordered by the judge. Participating attorneys are required to have at least three years of experience practicing family law, or to have completed GAL training through the Legal Aid Society of the Orange County Bar Association, Inc., or the Orange County Bar Association. Thank you to the Honor-

PAGE 26

able Diana Tennis, Camy Schwam-Wilcox, Esq., and the LRIS Committee for developing this new service.

Ask-a-Lawyer Event with SCORE Orlando The LRIS partnered with SCORE Orlando for the March Aska-Lawyer event. SCORE is a nonprofit association dedicated to entrepreneur education and the formation, growth, and success of small businesses nationwide. Thank you to LRIS attorneys Kimberly Soto and Matthew Kenney for answering the SCORE Orlando members’ questions regarding business law. The event was broadcast live on the OCBA’s Facebook page.

Join the LRIS Referral Program!

Grow your practice and provide access to justice through the Lawyer Referral and Information Service! Last year the LRIS received over 35,000 calls and referred 5,042 clients, which resulted in $1.2 million in attorneys’ fees. This year we have continued to expand the practice areas served by the Modest Means Program. We have increased our marketing efforts significantly to bring in more business and serve more Orange County residents. The revenue generated through these programs is used to fund many member benefits. For information about how to join, go to OCBA website tab “For Attorneys” and click the “Join the LRIS Program” link.

Candice Maull, CP, is the OCBA public service program manager. She was hired in 2010 to assist with the Residential Mortgage Foreclosure Program.

She has served as the LRIS manager and now manages all public service programs. For more information about LRIS programs, please contact 402422-4551, or candiced@ocbanet.org.

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

ParalegalPost 2020 Update: Finding Content Created for Paralegals

I

n 2017, I went on the hunt for content dedicated to our unique role in the legal field and wrote about my findings in this column. It was not a cakewalk. A lot of content created for paralegals is stale, rarely updated, and super generic. In fact, since my 2017 article, a few of the websites I wrote about are defunct.

Making matters worse, Meghan Markle decided to abandon her Shannon E. Hager, FRP role as our television paralegal ambassador to join the British royal family. Things were looking bleak.

However, I’ve doubled down on my efforts to find modern paralegal content and am pleased to report that some promising and very fresh things have cropped up, and some mainstays have kept fighting the good fight. Check these out: Paralegals Connect (website, newsletter, and Facebook group) Paralegals Connect is an effort run by four busy women – Crystal Cornett, Eunice Colón, Kira Muren, and Amanda DeVincenzo – working hard to create professional groups to help paralegals and aspiring paralegals find support and success. The Paralegals Connect network boasts an active Facebook group with 11,000+ members, separate groups for studying and employment, and a monthly newsletter. You can find their website (which links to all of their resources) at paralegalsconnect.com.

The Paralegal Voice (podcast) Now hosted by Carl Morrison, The Paralegal Voice is a monthly podcast for and about paralegals that covers issues and trends relevant to the profession. The show features appearances from leadings paralegals and other legal professionals and provides a wealth of content for paralegals of all levels of experience and areas of expertise. The Paralegal Voice is available for free on iTunes and Stitcher. You can also listen on their website, legaltalknetwork. com.

Recommended podcast episode: “Paralegal Hot Topics: The ABA’s Proposed Definition Changes and New Education Guidelines”

theBriefs May 2020 Vol. 88 No. 4

The Estrin Report (blog) The Estrin Report is the blog of Chere Estrin, the CEO and founder of the Paralegal Knowledge Institute. Created in 2005, The Estrin Report was one of the first blogs devoted to paralegals, and it has never shied away from tackling controversial topics. The Estrin Report describes itself as being “created for professional paralegals – not of a certain level, specialty, or firm – but of a particular attitude.” The Estrin Report can be found at estrinlegaled.typepad. com.

Recommended post: “It Must Be Time to Quit My Job When…”

Facts & Findings (paralegal magazine) Designed just for paralegals, The National Association of Legal Assistants (“NALA”) publishes this award-winning quarterly journal that offers educational articles written by paralegals, attorneys, and other experts. While NALA members receive a subscription with their membership, non-members can view many articles online free of charge, or subscribe for $35 per year. You can access Facts & Findings at nala.org/facts-findings.

Recommended article: “The Alternative Legal Service Provider”

by Eva M. Merrell, ACP Paralegal Subreddit If you’re not familiar with Reddit, it’s a website made up of more than a million individual communities (known as “subreddits”), each of which is dedicated to content for a specific topic. The paralegal subreddit features posts from your fellow paralegals, ranging from weekly discussions for students to hilarious memes.

This community is on the smaller side, but it is one I would love to see grow.

If you enjoy these groups, podcasts, and blogs, please be sure to comment, rate, and participate when you visit them. I encourage you to support those creating these spaces that enable paralegals to connect.

Shannon E. Hager, FRP, is a litigation paralegal at Greenberg Traurig, LLP. She is past president of the OCBA Paralegal Section (2018-2019) and currently serves on the Paralegal Section board of directors. She has been a member of the OCBA since 2013.

www.orangecountybar.org

PAGE 27

Young Lawyers SectionNews YLS on the Move

T

he effects of COVID-19 on our nation and our local community have been significant. A comparatively small loss was the cancellation or postponement of young lawyer activities. Through the creativity of our leadership, however, we held virtual happy hours that raised money for local charities. A small action from a group of people who want to make a difference.

Each of us helps to overcome this Andrew P. Irvin, Esq. pandemic by engaging in a small set of actions to benefit people we may never know. Having a sense of community throughout this time is extremely important.

Those of us who have been involved in YLS recognize the strong sense of purpose that develops within the organization, especially when serving together.

We were already planning for our coming year to be bigger and better than the year before. But our desire to support the public as we all face these circumstances is stronger now than ever. And, if you are a young lawyer, we want your help. Help in implementing our great annual programs. And help in pioneering new ways to engage and benefit our fellow citizens.

Following is a list of the committees and positions that include year-round roles as well as single event organizing. The due date for committee submissions was May 1; however, you may contact our incoming president, Brandon Sapp, and he will make sure to plug you in. His email is brandonmsapp@gmail.com.

PAGE 28

Year-round Roles All-Media Gurus Health and Wellness CLE Community Service Social Investitures Scholarship Mentoring Program Event-specific Roles Morning at the State Courthouse Law Clerks Reception Backpack Project

Golf Tournament Halloween Party and Mock Trial Gator Bus Trip Holiday Party Putt-Putt Tournament/Pub Crawl Evening with the Judiciary Wills for Heroes Great Oaks Village YLS Book Fair Dodgeball Tournament

Finally, congratulations to Michael Barber, our president-elect for 2020-2021!

And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Andrew P. Irvin, Esq., of Irvin & Irvin PLLC, pursues injury and property damage claims for people who have been involved in car crashes. He has been a member of the OCBA since 2013.

YLS Virtual Happy Hour

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

Evening with the Judiciary Hon. Steve Jewett Hon. Evellen Jewett Hon. Andrew Cameron Kathleen Shea

Brandon Sapp Lauren Millcarek Lauren Robertson John Hunt Brooklyn Rapchik-Gaughen C. Andrew Roy

Celia Thacker Dorn Jennifer Smith Thomas Hon. John Jordan Karen Persis

Kevin McGavock Hon. Heather Higbee Eric LaRue

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 29

$36,500,000

$130,000 It isn’t the size of the case, it’s the fact that it is a case.

At Bounds Law Group, we recognize that every individual has a right to representation. We don’t limit the cases we accept by value. Over the past 15 months, we have resolved medical malpractice cases ranging from $130,000 to $36,500,000. If you have a client with a legitimate medical malpractice case, we invite your call.

Questions? Call us at 877-644-5122, email us at information@BoundsLawGroup.com, or visit us at www.BoundsLawGroup.com.

Office in Maitland

LawPay was developed specifically for the legal industry to ensure comprehensive security and trust account compliance

Special offer for bar members.

Call for details.

PAGE 30 www.orangecountybar.org

888-553-8340 lawpay.com/ocba

theBriefs May 2020 Vol. 88 No. 4

PhotoOp

COVID-19 Updates and Resources for Legal Professionals

The Dixon

See links on the OCBA website: “News”

Family at

Orange County Bar Association

Disney

The OCBA Center will be closed for walk-in services in compliance with the governor’s executive stay-athome order. Impacted events and CLE programs are being transitioned to an online format. Please visit the website for the most up-to-date information.

World

Ninth Judicial Court Closures and Courts

Following his presentation at the OCBA’s February Luncheon, Valentino Dixon and his family enjoyed a day at Disney World – from dawn to dusk! Shown are his daughter, Valentina, and his twin grandchildren, Levi and Liliava.

Ninth Judicial Circuit Court website.

Florida Supreme Court website: Administrative Orders.

The Florida Bar website.

Middle District of Florida Bankruptcy Court website: Administrative Orders.

Orange County Clerk of Courts website.

Listing of free CME.

Government Information

City of Orlando website.

Tips for Working Remotely / Tech Tools

The Florida Bar website: “How to Utilize Five Tips for Running A Law Firm Remotely.”

YouTube: “Disaster Management 101: Key Skills & Resources for Solo and Small Firm Attorneys.”

Health & Wellness

The World Health Organization website: “Mental health and psychosocial considerations during the COVID-19 outbreak.”

Florida Lawyers Assistance website: Confidential hotline 800-282-8981.

Financial Resources for Solo and Small Firms

Orlando Economic Partnership Coronavirus Business Resource Center website.

Florida Department of Economic Opportunity website: Bridge loans to assist small businesses.

Lowndes Law website: Wide range of issues and recent CLE on legal implications of COVID-19.

Substantive Law Resources

Lexis Nexis website: “Lexis Practice Advisor Coronavirus Resource Kit,” free for customers.

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 31

Ne w M e mbe rs Attorneys Alexis J. AGOSTO Jessica A. ANDERSON Brooke Davis AUSTIN Alexander H. BOWEN Paul F. DALEY Devan DESAI Trinetta D. FISHER Jason B. GILLER Scott V. GOLDSTEIN Nicholas Robert GUARNIERI Kristen Kaiser KNAPPENBERGER

Michael F. KRUPPENBACHER Adam Spencer Kwame DUH Bartlett W. LEWIS Maegen Peek LUKA Matthew Stephen McCALEB Elaine M. OWENS Maria PACE Melissa PATTERER Suzan L. PRUTER Jason S. REID Kendall B. RIGDON

Paralegal Students

Laura L. STERLING Jeffrey W. VOELCKER

Victoria L. HOWLAND Flavio A. LOBO Stephanie M. THORNHILL

Affiliates Amanda N. ANGEL Aimee McDONOUGH Mary Ellen TAFT

Patron Dan GALLOGLY

Law Students Byron J. CARTER Arieana Theresa DUNNE Eve LUMSDEN Christina STEWART Alexis N. TUCKER

Is your firm part of the 100% Club? Firms with two or more attorneys and 100% membership in the OCBA can belong! If you believe your firm is eligible, please call the Membership Department at 407-422-4551, ext. 225.

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

10-19 Members

Colling Gilbert Wright & Carter, LLC Fisher Rushmer Legal Aid Society of the Orange County Bar Association, Inc. Marshall, Dennehey, Warner, Coleman & Goggin McDonald Toole Wiggins, P.A.

2-9 Members Allen, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Artemis Family Law Group, PLLC Arwani Law Firm Aust Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Beshara, P.A. Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. Davey Law Group, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP

Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Perez LaSure, LLC Rebecca L. Palmer Law Group Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Southern Trial Counsel Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Marks Law Firm, P.A. The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland, Hilado & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

Divine & Estes, P.A. Fassett, Anthony & Taylor, P.A. Flammia Elder Law Firm Forward Law Firm P.A. Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Green Family Law, P.A. Hale, Hale & Jacobson, P.A. Harris Harris Bauerle Ziegler Lopez Hilyard, Bogan & Palmer, P.A. Hornsby Law Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC

PAGE 32 www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

Events June 3 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center.

Speaker: TBD. Register by June 2 through the OCBA Store.

Seminars May 1 – Professionalism Committee. Title: TBD. 12:00 p.m.1:30 p.m. OCBA Center. Free (OCBA members); $20 (nonmembers). Register by Apr. 29 through the OCBA Store.

May 5 – LAS Lunchtime Training. GAL Training - The Comprehensive Behavioral Assessment Report: Introduction to a Child’s World. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502. Speakers: Mexcye Roberts, Esq.; James Lullen; Jill Spannagel; Amy Moncion. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

May 8 – Labor & Employment. Title: TBD. 12:00 p.m.-1:00 p.m. OCBA Center. Free (OCBA members); $20 (non-members). Register by May 6 through the OCBA Store.

May 11 – Tanya and Bob Present ... Title: TBD. 12:00 p.m.1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room.

CLE: pending. Free. RSVPs are requested. Contact: Lynn Harasti at ctjalj1@ocnjcc.org.

May 11 – Estate, Guardianship & Trust. Making the Most of Mediation in Estate Disputes. 12:00 p.m.-1:00 p.m. Zoom.

Speaker: J. Richard Caskey, Esq. CLE: 1.0 general (pending).

Free (OCBA members); $20 (non-members). Register by May 9 through the OCBA Store.

May 12 – Technology. Title: TBD. 12:00 p.m.-1:30 p.m. OCBA Center. Free (OCBA members); $20 (non-members). Register

by May 10 through the OCBA Store.

May 13 – Elder Law. Nursing Home Claims. 10:00 a.m.-1:00 p.m. Zoom. Speaker: Kimberley M. Kohn, Esq. CLE: 3.0 general (pending). $40 (OCBA members); $25 (gov’t members/ students); $60 (non-members). Register by May 11 through the OCBA Store.

May 15 – Family Law. Meet the Orange County Magistrates: Hon. Lisa Smith Bedwell, Hon. Linda Skipper, Hon. Linh Ison, and Hon. Maria Hinds. 12:00 p.m.-1:00 p.m. Zoom. CLE: 1.0 general (pending). Free (OCBA members); $20 (non-members). Register by May 13 through the OCBA Store.

May 19 – LAS Lunchtime Training. GAL Training – Little Child Lost: The Dependent Child’s Journey. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502. Speakers: Kavita Sookrajh, Esq.; Dr. Amanda Janner; Rizpah BrannonButler, Esq. CLE: pending. Contact: Marilyn Carbo at mcarbo@ legalaidocba.com.

May 20 – Tax Law. Title: TBD. 1:00 p.m.-5:00 p.m. OCBA Center. $40 (OCBA members); $25 (gov’t members/students); $60 (non-members). Register by May 18 through the OCBA Store.

May 21 – Intellectual Property Title: TBD. 12:00 p.m.-1:00 p.m. OCBA Center. Free (OCBA members); $20 (non-members). Register by May 19 through the OCBA Store.

May 22 – Labor & Employment. Title: TBD. 11:00 a.m.-5:00 p.m. OCBA Center. $40 (OCBA members); $25 (gov’t members/students); $60 (non-members). Register by May 20 through the OCBA Store.

May 26 – Alternative Dispute Resolution. Mediation Perspectives in 2020 – A Spectrum of Viewpoints. 1:00 p.m.-3:00 p.m. OCBA Center. Speaker: Stephen Sawicki, Esq. CLE: 2.0 general (pending). $40 (OCBA members); $25 (gov’t members/students); $60 (non-members). Sponsor: FLMIC. Register by May 24 through the OCBA Store.

May 27 – Solo & Small Firm. Title: TBD. 12:00 p.m.-1:00 p.m.

OCBA Center. Free (OCBA members); $20 (non-members).

Sponsor: FLMIC. Register by May 25 through the OCBA Store.

June 3 – Business Law. Title: TBD. 12:00 p.m.-1:00 p.m. OCBA Center. Free (OCBA members); $20 (non-members). Register

by June 1 through the OCBA Store.

June 8 – Estate, Guardianship & Trust. Pitfalls and Problems with Prenuptial Agreement Preparation and How to Help Your Clients Prepare One Pleasantly. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Karen Middlekauff, Esq. CLE: 1.0 general (approved). Free (OCBA members); $20 (non-members). Register

by June 6 through the OCBA Store.

June 9 – LAS Lunchtime Training. Defending Consumers in Debt/Collection Garnishment Cases. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502. Speakers.

Jamos Mobley, Esq.; N. James Turner, Esq. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

June 9 – Technology. Title: TBD. 12:00 p.m.-1:00 p.m. OCBA Center. Free (OCBA members); $20 (non-members). Register

by June 7 through the OCBA Store.

June 12 – Labor & Employment. Title: TBD. 12:00 p.m.-1:00 p.m. OCBA Center. Free (OCBA members); $20 (non-members). Register by June 10 through the OCBA Store.

June 18 – Solo & Small Firm. Title: TBD. 12:00 p.m.-1:00 p.m.

OCBA Center. Free (OCBA members); $20 (non-members).

Register by June 16 through the OCBA Store.

June 19 – Family Law. Title: TBD. 12:00 p.m.-1:00 p.m. OCBA Center. Free (OCBA members); $20 (non-members). Register

by June 17 through the OCBA Store.

June 23 – LAS Lunchtime Training. GAL Training – Peaceful Resilience: Helping Children and Advocates Cope Through Baptiste Yoga. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502. Speakers: Kaley Mounts; Jennie Nowak. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

June 26 – Bankruptcy Law. Title: TBD. 12:00 p.m.-1:00 p.m.

OCBA Center. Free (OCBA members); $20 (non-members).

Register by June 21 through the OCBA Store.

Please be aware that live OCBA and Legal Aid seminars may be recorded, postponed, or cancelled. Events also may be postponed or cancelled. Seminar presenters are being encouraged to record their seminars. Please follow the most current news in the OCBA’s weekly newsletter eblast and on the OCBA and LAS websites and social media channels.

Events & Seminars

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 33

CLASSIFIED ADS EMPLOYMENT ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY with 5+ years of Litigation experience with the ability to manage a case load. Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes. com.

SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751 HILL RUGH KELLER & MAIN, a midsized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial. Excellent salary and benefit package. Call Jean 407-9267460.

WE’RE GROWING! DSK LAW (de Beaubien, Simmons, Knight, Mantzaris & Neal, LLP) established in 1976 is searching for a Florida Licensed Attorney with 2+ years of civil litigation experience for its Orlando office. The attorney will primarily focus on insurance defense and commercial litigation. A successful candidate should be able to handle multiple cases, communicate well with the firm’s clients, write effectively and be engaged in trial work. We are seeking motivated individuals who are looking to grow with the firm. We offer a comprehensive compensation package. Please send your resume for immediate consideration to jellis@dsklawgroup.com.

OFFICE SPACE OFFICE SPACE FOR LEASE IN DOWNTOWN ORLANDO. 1515 E. Livingston St. On-site free parking. Three offices with kitchen, restroom and reception. Approx. 1000 sq. ft. Contact Jessica Travis at 407-233-3210 for more information.

OFFICE SPACE/SUITES FOR RENT - Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now!

May rent separate office suites. Parking included. Call or email: John at 407-425-2907; jkk@keatlaw.com.

FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of parking.

515 N. Ferncreek. Jim Sears 407-2221554 jsearslaw@gmail.com.

DOWNTOWN WINTER PARK – 157 E. New England. Private entrance, signage and windows. 2 large and 1 small office, as well as conference room accessibility. $2,000. mo. plus tax. – 407760-5330.

FOR SALE ELEGANT CARVED CONFERENCE TABLE with 8 upholstered chairs $2,999 OBO contact: juliepappas@ hotmail.com.

Find or List a Job in Seconds!

With stored resumes and self-service options, this portal is a great way to find new talent!

Check out listings or create a business account with an OCBA discount! https://orangecountybar-jobs. careerwebsite.com/ PAGE 34

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

EMPLOYMENT MEDIATION

theBriefs May 2020 Vol. 88 No. 4

www.orangecountybar.org

PAGE 35

O C B A MAYC -aJUNEl e n d a r

Installation Luncheon May 28, 2020

MAY

1 Professionalism

Committee Seminar

12:00 p.m. • OCBA Center LAS Lunchtime Training GAL Training –The Comprehensive Behavioral Assessment Report: Introduction to a Child’s World 12:00 p.m. • Bay Equity, Lucerne Plaza Real Property Committee Meeting 12:00 p.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center Labor & Employment Committee Seminar 12:00 p.m. • OCBA Center Tanya and Bob Present...

12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Estate, Guardianship & Trust Committee Seminar Making the Most of Mediation in Estate Disputes 12:00 p.m. • Zoom Technology Committee Seminar 12:00 p.m. • OCBA Center

5

8 11

12

Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • ShuffieldLowman Elder Law Committee Webinar Nursing Home Claims 10:00 a.m. • Zoom Lawyers Literary Society 12:00 p.m. • OCBA Center

13

Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Civil Rights Law Committee Meeting 12:00 p.m. • OCBA Center

14

PAGE 36

11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando Installation of OCBA OFficers

Register by: May 25, 2020 Subject to postponement.

Social Security Committee OCBA Meeting Installation 12:00 p.m. • OCBA Center Luncheon Labor & Employment 11:30 a.m. • Embassy Committee Seminar YLS Board Meeting Suites by Hilton 12:00 p.m. • OCBA Center 5:30 p.m. • OCBA Center Downtown Orlando Solo & Small Firm Family Law Committee

Committee Meeting Seminar JUNE

12:00 p.m. • OCBA Center Meet the Orange County Real Property Committee Magistrates: Hon. Lisa Appellate Law Committee Meeting Smith Bedwell, Hon. Linda 12:00 p.m. • OCBA Center Meeting Skipper, Hon. Linh Ison, 12:00 p.m. • OCBA Center Professionalism and Hon. Maria Hinds Solo & Small Firm Committee Meeting 12:00 p.m. • Zoom Committee Seminar 12:00 p.m. • OCBA Center LAS Lunchtime Training 12:00 p.m. • OCBA Center Member Perks GAL Training – Little Family Law Committee 8:00 a.m. • OCBA Center Child Lost: The Dependent Business Law Committee Seminar Child’s Journey 12:00 p.m. • OCBA Center Seminar 12:00 p.m. • Bay Equity, YLS Luncheon 12:00 p.m. • OCBA Center Lucerne Plaza 11:30 a.m. • Citrus Club Estate, Guardianship & Solo & Small Firm LAS Lunchtime Training Trust Committee Seminar Committee Meeting GAL Training – Peaceful Pitfalls and Problems 12:00 p.m. • OCBA Center Resilience: Helping Children Appellate Law Committee with Prenuptial and Advocates Cope Through

Agreement Preparation and

Meeting Baptiste Yoga

How to Help Your Clients

12:00 p.m. • Lowndes Law 12:00 p.m. • Bay Equity, Prepare One Pleasantly Tax Law Committee Lucerne Plaza 12:00 p.m. • OCBA Center Seminar Social Committee Meeting LAS Lunchtime Training 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Defending Consumers Intellectual Property in Debt/Collection Health & Wellness Committee Seminar Garnishment Cases Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • Bay Equity, 12:00 p.m. • OCBA Center Lucerne Plaza Labor & Employment Bankruptcy Law Committee Seminar Estate, Guardianship & Committee Seminar 11:00 a.m. • OCBA Center Trust Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • YLS Luncheon ShuffieldLowman 11:30 a.m. • Citrus Club Please be aware that Technology Committee Memorial Day live OCBA and Legal Aid Seminar OCBA Center Closed seminars may be recorded, Social Committee Meeting 12:00 p.m. • OCBA Center postponed, or cancelled.

Lawyers Literary Society 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Events also may be Alternative Dispute OCBA Executive Council postponed or cancelled.

Resolution Committee Meeting Seminar Seminar presenters are 4:30 p.m. • OCBA Center Mediation Perspectives in 2020 – A Spectrum of being encouraged to record Civil Rights Law Viewpoints Committee Meeting their seminars. Please 1:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center follow the most current Solo & Small Firm Social Security Committee Committee Seminar news in the OCBA’s weekly Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center newsletter eblast and on Health & Wellness

YLS Board Meeting the OCBA and LAS websites Committee Meeting 5:30 p.m. • OCBA Center and social media.

12:00 p.m. • OCBA Center

28

12

16

15

2

17 18

19

3

19

8

23

20

9

21

24

22

26

25 26

10 11

27

www.orangecountybar.org

theBriefs May 2020 Vol. 88 No. 4

880 North Orange Avenue Orlando, Florida 32801

PRSRT STD U.S. POSTAGE PAID MID-FL FL PERMIT NO. 581