Issuu

A Publication of the Orange County

Bar Association

Inside this Issue:

November 2015 Vol. 83 No. 9

President’s Message Those who can do, do. Those who can do more, volunteer. Jamie Billotte Moses, Esq.

Labor & Employment Law Committee Back to Reality: Holding Employers Accountable for Worker Abuses in a Fissured Economy Suzanne S. Tzuanos, Esq.

Business Law Committee Making the Grade for Main Street: Regulation A+ Joshua A. Aguilar, Esq.

Legal Aid Society What We Do... Giving Thanks by Giving Back Jamos “Jay” Mobley, Esq.

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PAGE 1

the Briefs

Contents 3

President’s Message Those who can do, do. Those who can do more, volunteer. Jamie Billotte Moses, Esq.

Co-Editors Carrie Ann Wozniak, Esq. & Téa Sisic, Esq.

SideBar Kimberly A. Lopez, Esq.

Associate Editor David A. Meek, Esq.,

27 YLS on the Move Jennifer A. Smith, Esq.

On the Cover OCBA Past Presidents

Hearsay Columnist Vanessa A. Braga, Esq.

Side Bar Columnist Kimberly A. Lopez, Esq.

Hearsay

Vanessa A. Braga, Esq. 8 Business Law Committee Making the Grade for Main Street: 31

Paralegal Post Local Attorney Writes Book Regarding Health Coverage and the Affordable Care Act Phillip L. Gordin Foundation News Productive Tenants’ and Landlords’ Rights Panel Discussion Held in Parramore Rainmaking Five Marketing Habits Michael Hammond, Esq. Labor & Employment Law Committee Back to Reality: Holding Employers Accountable for Worker Abuses in a Fissured Economy New Members Suzanne S. Tzuanos, Esq. Regulation A+ Joshua A. Aguilar, Esq.

Legal Aid Society News Veterans Services are Front and Center at Legal Aid Edward A. Dimayuga, Esq.

Announcements

Classifieds

40 Calendar

Legal Aid Society What We Do... Giving Thanks by Giving Back Jamos “Jay” Mobley, Esq.

OCBA September Luncheon

20, 21

Orange County Bar Association Past Presidents Dinner

YLS on the Move Jennifer A. Smith, Esq.

w OFFICERS Jamie Billotte Moses, Esq., President Wiley S. Boston, Esq., President-elect Elizabeth F. McCausland, Esq., Treasurer Richard S. Dellinger, Esq., Secretary w EXECUTIVE COUNCIL Jared Brooks, Esq. Phillip K. Calandrino, Esq. Mary Ann Etzler, Esq. A. Felipe Guerrero, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Ryan Williams, Esq. Nicholas A. Shannin, Esq., Ex Officio Amber N. Davis, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero

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 ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consultants ISSN 1947-3968

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Residential Mortgage Foreclosure Program 407-649-1833 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-422-4551 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-422-4551 Young Lawyers Section 407-422-4551

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President’sMessage

November 2015 Those who can do, do. Those who can do more, volunteer.

W Jamie Billotte Moses, Esq.

– Anonymous

hen I became president of the Orange County Bar Association, I started tracking my time dedicated exclusively to my service as bar president. This does not include marketing or my existing obligations with CFAWL or other organizations that I had belonged to before becoming president. I have been keeping track of simply those things that I am attending or attending to because of my presidency. In the first three months of my term, I “billed” more than 140 hours. That is 47 hours a month, 10 plus hours a week. That is some significant time. On October 7, 2015, the Orange County Bar Association held a dinner to honor the past presidents of the OCBA. Those who were able to make it are featured on the cover of this edition of The Briefs. More than 30 of our past presidents were in attendance. All of them are wellknown, respected, and successful practitioners or judges in our community. All of them are also tireless advocates for pro bono service and volunteers themselves. Many of them served as president of the Legal Aid Society independently from their term as OCBA president. Not surprisingly, all of them had successful practices before they served as Orange County Bar president. I am sure all of them spent as much (if not more) time as I have fulfilling their presidential duties. Most of them have gone on to serve valiantly on The Florida Bar Board of Governors. Just ask our current representatives, Mary Ann Morgan, Wayne Helsby, and Paul SanGiovanni how much time they’ve dedicated just to the reciprocity issue. Ask Mayanne Downs whether she slept during the two years she served as president-elect and president of The Florida Bar. And, all of this is voluntary. So you have to ask yourself, if being bar president (or any bar service) takes so much time away from one’s practice and personal life, why do people want to do it? For me, I have represented parties before the Department of Business and Professional Regulation (DBPR). I am aware there is a consistent effort by the legislature to somehow bring lawyers within the regulation and control of the DBPR. My experience with the DBPR tells me that would be

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a horrible thing to have happen. Lawyers must be vigilant in regulating themselves and making sure the profession is not operating in such a way that being regulated by the DBPR would be justified. Thus, I work to make this profession better. I have served both on the state and local level because I truly do believe we need to regulate ourselves or run the risk of being regulated by others. Moreover, you cannot complain about your profession or those in it if you’re not part of the solution. You can only be part of the solution if you are engaged. Serving on a substantive law committee, serving on a grievance committee, and seeking leadership opportunities within the various organizations are a few ways to be a part of the solution. I was amazed at how many people were surprised by the reciprocity issue. It has been discussed as a potential issue for quite a while. Ray Abadin did not become Florida Bar president one day and decide we needed to have reciprocity the next. It was discussed, analyzed, and studied for a long time before it hit most people’s radar. Our past presidents all had their own reasons for wanting to serve as OCBA president. I suspect many assume it was for self-serving reasons. I know it was not. If they truly wanted to be self-serving, they would never volunteer and would only do that which directly put money in their pockets or added personal time to their lives. Volunteering to serve the bar does neither. Yet, all of these wonderful people did. Why? Because they could do more, they wanted to do more. We, the members of the Orange County Bar Association, are lucky these past presidents sacrificed their practices and their personal lives to serve us. Thank you! Jamie Billotte Moses, Esq., is a shareholder with Fisher Rushmer, P.A. She is a board certified appellate specialist. Additionally, Ms. Moses defends lawyers and real estate professionals in litigation and licensing complaints. She has been a member of the OCBA since 1994.

www.orangecountybar.org

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SIDEBAR Leadership Law® 2016 meets once a month for five months beginning in January Breakfast, lunch, and networking receptions included

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• Join in break-out sessions on topics such as employment and tax law, civil and criminal litigation, bankruptcy, and much more.

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• Take “behind the scenes” tours of the Orange County Courthouse, Federal Courthouse, Juvenile Justice Center and by special invitation – the Medical Examiner’s Office.

Recommend Leadership Law to community leaders, colleagues, and friends today!

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Recipient of the National Association of Bar Executives 2012 LexisNexis Community and Educational Outreach Award.

PAGE 4 www.orangecountybar.org

theBriefs November 2015 Vol. 83 No. 9

On theCover Orange County Bar Association Past Presidents

Photo: Flo Boehm

Front Row (left to right)

Back Row (left to right)

Mary Ann Morgan (2001-2002) Diego “Woody” Rodriguez (2009-2010) Mayanne Downs (1997-1998) Nicholas A. Shannin (2014-2015) The Hon. Maura T. Smith (1995-1996) Jamie Billotte Moses (Current President, 2015-2016) Paul L. SanGiovanni (2003-2004) Leon H. Handley (1963-1964) Kristyne E. Kennedy (2012-2013) Thomas A. Zehnder (2011-2012) C. Gene Shipley (2007-2008)

Scott R. McMillen (1999-2000) Tad A. Yates (2008-2009) Thomas P. Wert (2006-2007) R. Lee Bennett (1993-1994) Daniel. L. DeCubellis (1998-1999) Russell W. Divine (1994-1995) Wayne L. Helsby (2004-2005) Joel H. Sharp, Jr. (1972-1973) Lee Jay Colling (1965-1966) The Hon. Robert J. Pleus, Jr. (1976-1977) David B. King (1980-1981)

Middle Row (left to right) Paul J. Scheck (2013-2014) Bruce B. Blackwell (1987-1988) Frank M. Bedell (2010-2011) The Hon. John M. Kest (1991-1992) John E. Fisher (1986-1987) Brian T. Wilson (2002-2003)

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2016 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought

he OCBA invites you to submit your nomination today for a person or organization in our community outside the traditional legal profession who best demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens. The honoree will be awarded the Liberty Bell Award at a ceremony held during the OCBA Law Week Luncheon on April 28, 2016. As you make your nomination, please consider those whose work meets the following criteria: Promoted a better understanding of the rule of law; Encouraged a greater respect for law and the courts; Stimulated a sense of civic responsibility; and, Contributed to good government within the community. We are also pleased to announce two additional, inaugural awards for professions in our community that do not often receive the recognition and gratitude they so richly deserve. These recipients will also be honored at the OCBA Law Week Luncheon on April 28, 2016, who are eligible for the following awards: The Liberty Shield Award will be given to a first responder in our community who meets the criteria listed above. The Liberty Apple Award will be given to a teacher in our community who meets the criteria listed above. Please submit a one- to two-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: February 29, 2016. Please mail or e-mail your nomination to Kim Homer, Executive Director, Orange County Bar Association, 880 N. Orange Ave., Orlando, FL 32801, or khomer@ocbanet.org.

For further information, contact Bart Vickers (bartley.Vickers@ csklegal.com) or Randy Bock (randy@heatwolelaw.com).

PAGE 6 www.orangecountybar.org

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Orange County Bar Association

OCBA Professionalism Committee presents a

Fi r es ide Chat December 1, 2015 11:30 a.m.-1:30 p.m. OCBA Center

Nominations are now being accepted for officer and/or board positions for the

Orange County Bar Association

CLE: 2.0 general, including 2.0 ethics Join us for the opportunity to hear from a national leader in ethics and professionalism in the practice of law.

(President-Elect, Treasurer, Secretary, and 2 Executive Council Seats)

Legal Aid Society of the Orange County Bar Association, Inc.

Speakers: John T. Berry, Esq. The Florida Bar Director of the Legal Division

(2 Three-Year-Term Board of Trustees Seats)

Paul R. Lipton, Esq. Rumberger, Kirk & Caldwell, P.A. Director, Professionalism, Career and Skill Development

(5 At-Large Board Seats)

Mr. Berry and Mr. Lipton will lead a candid exchange with the audience of real-life challenges and share similar concerns about – and possible answers for – enjoying life as a person first and a lawyer second.

Young Lawyers Section of the Orange County Bar Association Nominating petitions are available on the OCBA website homepage. The nomination deadline is January 29, 2016 If you have any questions, please contact Kimberly Homer, Executive Director, at 407-422-4551, ext. 222 or khomer@ocbanet.org

MajorSeminars Legal & Ethical Obligations under Brady and Giglio Criminal Law Committee

November 13, 2015 ■ 12:00 p.m. - 4:00 p.m. ■ OCBA Center CLE: 4.0, including 1.0 ethics (pending) Speakers: William “Bill” Schaeffer, Esq.; Jeff Ashton, Esq.; Richard Hornsby, Esq.; Hon. Julie O’Kane; Donald Lykkebak, Esq. $40 (OCBA members); $50 (non-members); $25 (OCBA government, law student, and paralegal student members). Register at the OCBA Store by November 11.

What Do You Mean It’s Not Preserved? Appellate Practice Committee

December 8, 2015 ■ 12:30 p.m. - 4:30 p.m. ■ OCBA Center CLE: 4.0, including 1.0 ethics (pending) Speakers: Nicholas Shannin, Esq.; Betty Wheeler, Esq.; Michael D’Lugo, Esq.; Jamie Billotte Moses, Esq., Carrie Ann Wozniak, Esq., William “Bill” Ponall, Esq. Panelists: The Hon. James A. Edwards; The Hon. F. Rand Wallis; The Hon. Frederick J. Lauten. $40 (OCBA members); $50 (non-members); $25 (OCBA government, law student, and paralegal student members). Register at the OCBA Store by December 6.

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www.orangecountybar.org

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Business LawCommittee

Making the Grade for Main Street: Regulation A+

M Joshua A. Aguilar, Esq.

ost business law practitioners are familiar with the requirements for individuals to qualify as “accredited investors” under the Securities Act of 1933. The term “accredited investor” is defined in Rule 501 of Regulation D under the Securities Act of 1933 (17 C.F.R. § 230.500). The rule states that an “accredited investor shall mean any person who comes within any of the following categories, or who the issuer reasonably believes comes within any of the following categories, at the time of the sale of the securities to that person,” including “any natural person who had an individual income in excess of $200,000 in each of the two most recent years or joint income with that person’s spouse in excess of $300,000 in each of these years and has a reasonable expectation of reaching the same income level in the current year,” or “any natural person whose individual net worth, or joint net worth with that person’s spouse, exceeds $1,000,000.”1 As many business attorneys also know, Section 413(a) of the DoddFrank Wall Street Reform and Consumer Protection Act, however, modified the Securities Act of 1933 and required the definition of an accredited investor to exclude the value of a person’s primary residence for purposes of meeting the greater than $1,000,000 net worth requirement,2 presumably to protect the public in the wake of the Global Financial Crisis of 2008. The amended rule had the effect of shrinking a large pool of potential equity investors, since for most members of the American public their home is their largest asset. A Changing of the Guard In the author’s experience, the term “crowdfunding” is a legal term of art that is widely misunderstood by entrepreneurs and investors alike. Similarly, until recently, Regulation A of the Securities Act of 1933 (17 C.F.R. § 230.251), an existing exemption from registration for smaller issuers of securities, had all but been forgotten when compared to its more well-known and easier to use counterpart, Regulation D. Prior to the recent amendments to Regulation A, one of the only permissible forms of raising capital from non-accredited investors by the SEC3 amounted to what was essentially a gift in the form of non-equity crowdfunding. Contributors to startups received non-monetary rewards or “offerings” in exchange for their contributions as popularized on online portals such as Kickstarter and Indiegogo. Startups attempting to receive funds from investors in exchange for issuing securities were previously warned in a notice by the SEC

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that such actions would run afoul of the thencurrent security regulations until the commission adopted new regulations consistent with congressional mandate.4 At the time, such admonishment applied to receiving funds via crowdfunding from accredited and non-accredited investors alike. The commission, unfortunately in the author’s view, had dragged its feet in implementing regulations consistent with the congressional act that received bipartisan support and effectively locked out most non-accredited investors from making any equity investments in non-publicly traded companies (and for a time also prohibited reaching accredited investors via general solicitation). A little history here is useful for context. The recent rules discussed above implement portions of the Jumpstart Our Business Startups (JOBS) Act which contains seven parts or “titles” in the law. Title II of the JOBS Act, entitled Access to Capital for Job Creators,5 had its first rules effective September 23, 2013. These rules amended Rule 506 of Regulation D under the Securities Act of 1933 and had the effect of reversing the traditional prohibition against general solicitation and general advertising under such offerings made under those exemptions, provided that all purchasers of such securities under Rule 506 offerings were accredited investors. 6 As a result of implementing Title II of the JOBS Act, a total of $217.7 million of equity capital was raised in the first year of implementation alone. Because of this, accredited investors were afforded the opportunity to invest as little as $1,000 along notable venture capitalists, which would have been unheard of in the past prior to Title II’s implementation. 7 Many believed that the next battlefront of the war towards financial glasnost and perestroika in expanding equity crowdfunding to “Main Street” laid ahead with Title III of the JOBS Act, entitled appropriately enough, Crowdfunding.8 Such observers were mistaken, however. One month after the rules implementing Title II were effective, the commission promulgated proposed rules designed to implement the requirements of Title III. Those rules would also have provided a framework for the regulation of registered funding portals.9 The proposed rules implementing Title III, however, languished, and many pundits believe that they were mired by institutional inertia, never making it past the SEC’s public invitation to make comments on the proposed rules. This time, however, non-accredited investors would no longer be denied from

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making capital investments in the private markets, and some have speculated that the SEC is waiting to see how the newly effective rules implementing Title IV of the JOBS Act play out.10 Financial Glasnost and Perestroika Fear of opening investment opportunities to so-called “mom and pop” investors is nothing new. The image of know-nothing investors being swindled by greedy opportunists has no doubt been in the forefront of regulators’ minds across the country, based on both historical and perceived reasons. Undaunted, the SEC approved the new rules, dubbed “Regulation A+” as mandated by Title IV of the JOBS Act, effective June 19, 2015.11 For his part, Massachusetts Secretary of State William Galvin officially filed a two-page Petition for Review with the D.C. Court of Appeals to request a reversal of the new SEC regulations. Ironically, one of the most highly cited examples of those criticizing such a perspective and in favor of expanding the capital markets involved efforts by Massachusetts to block its citizenry from investing in Apple in 1980.12 The new rules, dubbed a “mini IPO” by securities practitioners, provide for two tiers of offerings, with Tier 2 featuring more burdensome requirements, including audited financial statements, investment limitations on non-accredited investors, and ongoing reporting requirements (e.g., annual, semiannual, and current event reports, the latter upon the occurrence of certain triggering events). Tier 1 permits offerings of securities of up to $20 million in a 12-month period, with not more than $6 million in offers by selling security-holders that are affiliates of the issuer. Tier 2, for its part, is intended for offerings of securities of up to $50 million in a 12-month period, with not more than $15 million in offers by selling security-holders that are affiliates of the issuer. Companies who issue securities under $20 million have a choice of proceeding under either Tier 1 or Tier 2. In addition to the limits on secondary sales by affiliates, the rules also limit sales by selling security-holders to no greater than 30 percent of a company’s initial Regulation A+ offering and any subsequent offerings within 12 months thereafter.13 To qualify for exemption from registration under Regulation A+, a company must be U.S. or Canadian-based and must not be subject to the reporting obligations of sections 13 or 15(d) of the Securities and Exchange Act of 1934. Ineligible issuers include, amongst others, those subject to “bad actor” disqualification provisions similar to those in Rule 506(d) of Regulation D. Furthermore, the only securities that are permitted to be offered in Regulation theBriefs November 2015 Vol. 83 No. 9

A+ offerings are equity and debt securities. Asset-backed securities (e.g., collateralized debt obligations) are excluded. Two of the more unique features for issuing companies seeking to undergo a Regulation A+ offering include: 1) an option to initially submit draft offering statements to the SEC for confidential review prior to a minimum 21 day later public filing on EDGAR; and 2) a more liberal option to “test the waters” about a potential offering from the general public before and after the filing of the offering statement (at least compared to the rules the SEC passed implementing Title I of the JOBS Act concerning “emerging growth companies”).14 It remains to be seen if issuers and the practitioners advising them will take advantage of such options. The Grass Isn’t Always Greener with Regulation A+ One of the issues that generated a significant number of comments the SEC received within their permitted comment period on the new rules dealt with preemption.15 Ostensibly, the new Regulation A+ rules provide for the preemption of state securities or “Blue Sky” law registration and qualification requirements for securities offered or sold to “qualified purchasers,” at least with respect to when a Title 2 offering is employed by issuers. Many state regulators have taken exception to such a legal interpretation.16 Florida will likely largely bypass the public debate on preemption as evidenced by the passage of House Bill 275 related to intrastate crowdfunding, signed into law by Governor Scott on June 16, 2015.17 The impact Regulation A+ will have on the private investment world is unknown. Most experts speculate that it will affect individual investors more than smaller issuing companies, given the legal compliance costs of undergoing a “mini IPO” under Regulation A+. As one corporate accounting expert has stated presciently in a warning to issuing companies, “Be prepared to have a large number of small-dollar investors … [and] act like a public company.”18 Many would be wise to heed such advice.

Joshua A. Aguilar, Esq., of Cielo Law PLLC, practices business transactional law, serving as outsourced general counsel for a variety of local small businesses. Mr. Aguilar is the manager of Cielo Law PLLC and has been an OCBA member since 2014. 17 C.F.R. § 230.501 (2015). Net Worth Standard for Accredited Investors, Release No. 33-9287 (Dec. 21, 2011) (codified at 17 C.F.R. pt. 230). 3 Securities lawyers would note, by way of example, that Rule 505 of Regulation D, permits a private company to sell to an unlimited number of “accredited investors” and up to 35 other persons who do not need to satisfy the sophistication or wealth standards associated with other exemptions, hence the prevalence of family limited partnerships in real estate ventures. The obvious limitation for companies relying on this particular exemption is the prohibition against general solicitation or advertisement to sell their securities. 4 Notice: Use of the Crowdfunding Exemption. S.E.C. (Apr. 5, 2012) (on file with S.E.C.). 5 H.R. 3606, 112th Cong. (2nd Sess. 2012). 6 Eliminating the Prohibition Against General Advertising in Certain Offerings, Release No. 33-9415 (Jul. 10, 2013) (codified at 17 C.F.R. pt. 230). 7 Chance Barnett, SEC Democratizes Equity Crowdfunding, FORBES, Mar. 26, 2015, http://www.forbes.-com/ sites/ chancebarnett/2015/03/26/infographic-sec-democratizes-equity-crowdfunding-with-jobsact-title-iv. 8 H.R. 3606. 9 Crowdfunding, Release No. 33-9470 (Oct. 23, 2013) (to be codified at 17 C.F.R. pt. 227). 10 Michael Raneri, Who Needs Equity Crowdfunding?, FORBES, Apr. 16, 2015, http://www.forbes.com/sites / mraneri/2015/04/16/who-needs-equity-crowdfunding3-critical-questions-about-title-iii-of-thejobs-act. 11 Regulation A, Release No. 33-9741 (Mar. 25, 2015) (codified at 17 CFR pt. 230). 12 Pymnts.com, Regulation A+ Is In Effect, http://www. pymnts.com/in-depth/2015/regulation-a-is-ineffectnow-what (last visited Sept. 14. 2015). 13 ALBERT LUNG ET AL., SEC ADOPTS FINAL RULES ON REGULATION A+ (2015), available at http://www.morganlewis.com/pubs/sec-adopts-finalrules-on-regulation-a-plus. 14 Id. 15 See U.S. CONST. art. 6, cl. 2 16 KATHERINE K. DELUCA ET AL., WILL REGULATION A+ MAKE THE GRADE? (2014), available at https://www.mcguirewoods.com/news-resources/publications/Will-Regulation-A-Make-the-Grade.pdf 17 FlGov.com, Governor Rick Scott Signs 17 Bills, http:// www.flgov.com/2015/06/16/governor-rickscott-signs17-bills-into-law-2 (last visited Sept. 14, 2015). 18 Pymnts.com, supra note 12. 1 2

Maria E. Espinosa, Esq. Mediation ServiceS 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

Bilingual English/Spanish www.orangecountybar.org

407-733-3662 espiesq@aol.com

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PhotoOps

The OCBA’s Immigration and Naturalization Committee coordinated and organized the oath ceremony to naturalize 53 newly sworn United States citizens from the Central Florida area.

The committee extends a special thanks to the Hon. David A. Baker, Magistrate Judge of the U.S. District Court, for hosting the ceremony. Thanks also go to Rick Singh, Orange County Property Appraiser; the Wekiva High School NJROTC color guard and Chief Master Sergeant Mark Brillant; the Daughters of the American Revolution; and event chair, Nayef Mubarak, Esq.

Serving the Legal Profession. Serving the Community.

Invite your colleagues to join the OCBA today! Dan H. Honeywell

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

For more information, please contact the membership department at 407-422-4551, ext. 225. PAGE 10

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FoundationNews

Productive Tenants’ and Landlords’ Rights Panel Discussion Held in Parramore

n Monday, September 14, 2015, the Orange County Bar Association Foundation, in partnership with the Legal Aid Society of the OCBA, the Paul C. Perkins Bar Association, and the University of Central Florida’s Center for Law and Policy sponsored a program entitled “Parramore Community: Tenants’ and Landlords’ Rights Panel Discussion.” Attorneys who represent tenants and lawyers who represent landlords came together to explain the rights of each group. The moderator was OCBA Foundation board member Alisia Adamson, Esq. The panelists were James Barron, Esq., Michael Resnick, Esq., Sandra Rivera, Esq., and Larri Thatcher, Esq. Fifty community members were present. Topics included the qualities of a written or verbal lease, rent withholding, evictions, and the return (or holding) of a security deposit. Many participants stated afterwards that they learned a great deal and now know how to proceed lawfully. The Foundation hopes to host a similar panel during the spring in the south Semoran Boulevard area.

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Labor & Employment LawCommittee Back to Reality: Holding Employers Accountable for Worker Abuses in a Fissured Economy Introduction magine the traditional workplace of decades past as a single brick and mortar company, owned and operated by a single person. This company employs every worker in the building, from topfloor executives to the janitorial staff. As time progresses, imagine that this company starts to break up. First, the janitorial staff is fired and the CEO brings in an outside company to do the work for less. Then, the people answering the phones are all fired, their jobs shipped overseas. The employees on the floor assembling the widgets? Their jobs are in China now. These changes save the company big money. The CEO is celebrated by his investors at an out-of-town ceremony. Instead of hiring a black car to take him to the airport, the CEO uses an application on his phone to connect with a guy named “Dave” who drives him to the airport in his personal car. This breakup of vertical integration in the workplace is just one example of the fracturing of traditional working relationships. As a result of this new, fractured workplace model, both the workers and the economy as a whole suffer. The Fissured Economy Dr. David Weil calls this new model the “fissured economy.”1 Since his appointment to the Department of Labor’s (DOL) Wage and Hour Division, Dr. Weil has shed light on the shift from large corporations directly employing many people to a model where companies outsource tasks to small companies that compete fiercely with each other. To be competitive, these small uni-tasking companies operate on razor thin margins.2

I Suzanne S. Tzuanos, Esq.

It is estimated that a business can save 30 percent of its labor costs by using independent contractors rather than its own employees.3 One of the easiest ways to cut operations costs is to reclassify employees as “independent contractors.” However, many “independent contractors” are actually misclassified employees. Misclassification Cheats Us All The IRS estimates that misclassified workers number in the millions.4 These workers are cheated out of workplace safeguards and benefits such as wage and hour laws, unemployment compensation, workers’ compensation, and the protections of the National Labor Relations Act.5 Misclassification of employees also cheats governments out of tax revenue and prevents workers’ earnings from being counted towards Social SecuPAGE 12

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rity and Medicare. “A report by the Government Accountability Office estimated that in 2006 alone, the federal government lost out on $2.72 billion in Social Security, unemployment, and income taxes because of employee misclassification.”6 Misclassification Spans Wage and Skill Levels Both new “app-based” enterprises and traditional brick and mortar businesses have embraced the fissured economy to trim the bottom line. Walmart is the largest private employer in the U.S., directly employing 2.2 million people. Indirectly, hundreds of thousands more employees work throughout Walmart’s supply chain. Walmart contracts out various elements of warehousing, transportation, and goods-delivery to companies, which companies may in turn contract the work out even further.7 The National Employment Law Project highlighted this chaotic structure in a 2012 paper called “Chain of Greed,” concluding that “[t]hese outsourced workers laboring on Walmart’s behalf toil at the bottom of a complex hierarchy of intermediaries ... that leave them vulnerable to significant worker rights abuses...” Other companies have also come under scrutiny for their labor structure. In 2007, a workers’ rights group accused FedEx Ground of misclassifying drivers as independent contractors.8 Suits were filed across the country by drivers demanding to be compensated for lost wages and benefits. This year, FedEx Ground settled one of those suits and will pay $228 million to its California drivers as part of that settlement.9 The problems of a fissured economy aren’t reserved for blue collar or low-wage workers. Just last year, the Hollywood-based editors of the Bravo TV show “Shahs of Sunset” walked off the job after Ryan Seacrest Productions failed to recognize their vote to organize a union. The editors said they wanted a union because they worked for four years without receiving any benefits, such as health insurance. Bravo took immediate action to replace the striking workers. An unfair labor practice charge was filed and settled confidentially.10 The “Uberfication” of the Economy While established industries take full advantage of a business environment promoting outsourcing and misclassification, the new players in this fissured economy are getting the most attention. Mobile telephone application-based services such as Uber, Lyft, Airbnb, Upwork, and Task Rabbit

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sometimes blatantly defy local, state, and federal regulations meant to protect consumers and workers – all under the banner of the “new” way of doing things.11 Ride-share services have staked their entire business models on drivers being classified as independent contractors.12 These services posture as if they would prefer consumers not to think of them as businesses at all, but rather, in the parlance of Silicon Valley, “your friend with a car, whenever you need one.”13 When ride-share services first appeared in Florida cities, local governments approached them with skepticism, while often warning drivers that they risked traffic citations as part of their work.14 During the 2015 session, the Florida Legislature tried, and failed, to pass a law requiring rideshare drivers to carry minimum insurance, pass background checks, and submit their vehicles to safety checks.15 Now it appears that Florida lawmakers, including Governor Rick Scott, are trying to clear some regulatory hurdles. Governor Scott says he will support legislation to lessen handicap accessibility and insurance requirements in order to accommodate the popular services.16 That law would likely preempt local efforts to regulate ride-share services, like those in Orange and Hillsborough counties.17 Although Florida governments seem to be warming up to ride-share services, it is unclear whether the app economy will be able to survive if companies have to treat workers as employees, rather than independent contractors. Uber is privately-held, but leaked documents obtained by some media organizations suggest that it is not yet profitable, even

without having to classify its drivers as employees.18 Employers Must Face Economic Realities For the Fair Labor Standards Act’s (FLSA) minimum wage and overtime protections to apply to a worker, the worker must be an “employee.” One of the most commonly raised defenses by a company faced with a FLSA investigation is that the worker was not an employee, but an independent contractor. Therefore, the DOL’s Wage and Hour Division is making misclassification a key focus of its agenda. The DOL has now partnered with the Internal Revenue Service and 26 states, including Florida, to focus on the problem of worker misclassification.19 To determine whether a worker is an employee or an independent contractor under the FLSA, courts have developed the six-factor “economic realities” test.20 The economic realities test seeks to find out whether: the work performed is an integral part of the employer’s business; the worker’s managerial skill affects the worker’s opportunity for profit or loss; the worker is retained on a permanent or indefinite basis; the worker’s investment is relatively minor as compared to the employer’s investment; the worker exercises business skills, judgment, and initiative in the work performed; and the worker has control over meaningful aspects of the work performed.21 A recent administrative interpretation

from the DOL analyzes these factors, focusing on the following ultimate inquiry: “...whether the worker is economically dependent on the employer or truly in business for him or herself. If the worker is economically dependent on the employer, then the worker is an employee. If the worker is in business for him or herself (i.e., economically independent from the employer), then the worker is an independent contractor.” 22 Arguably, the DOL has not created any new rules with this recent administrative interpretation. However, the new interpretation signals that the DOL will combat normalized worker abuses in industries nationwide. In fact, attention to misclassification has paid dividends. In FY 2014, the Wage and Hour Division reported that it recovered $79 million in back wages for more than 109,000 employees who were misclassified as independent contractors.23 Florida-specific numbers were not available at press time. NLRB Signals It Will Follow Suit The National Labor Relations Board (NLRB) also has a keen interest in ensuring that employees are properly classified. The National Labor Relations Act (NLRA) provides protections for any employee, whether they are in a union or not, but like the FLSA, it does not extend protections to independent contractors. Employees covered by the NLRA are guaranteed the right to engage in “concerted activities” to improve wages, hours, and working conditions.24 As yet, there is no “economic realities” test under the NLRA. The definition of emcontinued page 14

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Labor & EmploymentCommittee continued from page 13

ployee under the NLRA hinges on the definition of “employer.” Traditionally, courts and the NLRB use a common law analysis to determine who is an employee. The common law analysis requires an assessment of the extent of control the employer exercises over the manner or outcome of the work and the individual’s risk of loss or opportunity for profit.25 Although there is no stated “economic realities” test under the NLRA, the board is increasingly looking past surface business arrangements such as outsourcing, subsidiaries, and misclassification and delving into who should actually be responsible for the way a business is run. In that respect, like the DOL, the board is signaling that it, too, has tired of corporate labeling that harms workers. In its 3-2 decision in Browning-Ferris Industries, the board cited the “current economic landscape” as justification to adjust its joint employer standard. In BrowningFerris Industries, the board found that two employers will be considered joint employers if (1) they are all employers within the meaning of the common law; and (2) they share or co-determine those matters governing the essential terms and conditions of employment. The Browning-Ferris Industries decision has the potential to extend liability for unfair labor practices to franchisees of nationwide fast-food chains that have previously been unaffected by the NLRA.26 There are approximately 78 unfair labor practice charges pending against McDonald’s and its franchisees nationwide.27 Those cases have been consolidated and are set to be heard before the end of this year. Meanwhile, the employer in the Browning-Ferris Industries decision has petitioned the Ninth Circuit Court of Appeals for review of that decision. Conclusion Worker protections that fell through the cracks of the fissured economy are being resuscitated with a new focus on economic realities. Look for this trend to continue as federal agencies analyze involving subsidiaries, franchisees, contractors, and other employment relationships that can be detrimental to workers’ rights under federal law. Suzanne Tzuanos, Esq., Egan, Lev & Siwica, P.A., exclusively practices union-side labor law, representing unions and their members across the state in the public and private sectors. Ms. Tzuanos is co-chair of the Labor & Employment Law Committee of the Orange County Bar As-

sociation and has been a member of the OCBA since 2014. Dr. David Weil, The Fissured Workplace: Why Work Became So Bad For So Many (Harvard University Press) (2014). 2 Dr. David Weil, The Fissured Workplace, U.S. Department of Labor Blog (October 17, 2014), http://blog. dol.gov/2014/10/17/the-fissured-workplace/. (“For example, when you walk into the lobby of a hotel these days operating under a well-known brand name, there’s a high probability that the workers who greet you at the desk or clean your room are likely not employed by the hotel chain of that corporate brand. Instead, the management of that hotel property has actually been contracted out to another business offering this service. In fact, many more of the services provided on site – cleaning companies, landscapers, food service providers, etc. – have also been contracted out to providers of these services. Employees are often unaware for whom they actually work.”) 3 National Conference of State Legislatures, http://www.ncsl.org/research/labor-and-employment/ employee-misclassification-resources.aspx (last visited Sept. 14, 2015). 4 U.S. Department of the Treasury, Inspector General for Tax Administration, Final Audit Report – Employers Do Not Always Follow Internal Revenue Service Worker Determination Rulings (Audit # 201130037), June 14, 2013, available online at: https://www.treasury.gov/tigta/auditreports/2013report s/201330058fr.pdf ) 5 Supra, n. iv. 6 U.S. Department of Labor, Wage and Hour Division, Misclassification of Employees as Independent Contractors, http://www.dol.gov/whd/workers/misclassification/#stateDetails (last visited on Sept. 15, 2015). 7 Eunice Hyunhye Cho, et. al., Chain of Greed: How Walmart’s Domestic Outsourcing Produces Everyday Low Wages and Poor Conditions for Warehouse Workers, (June 2012), http://www.nelp.org/content/uploads/2015/03/ ChainOfGreed.pdf 8 Erin Johansson, Fed Up With FedEx, Jobs with Justice, (October 24, 2007), http://www.jwj.org/fed-upwith-fedex 9 Robert W. Wood, FedEx Settles Independent Contractor Mislabeling Case for $228 Million, Forbes/Taxes, June 16, 2015, available at http://www.forbes.com/sites/ robertwood/2015/06/16/fedex-settles-driver-mislabeling-case-for-228-million/ 10 Writers Guild of America East, In These Times: The Real World of Reality TV Worker Exploitation, October 14, 2014, available at http://nonfictionunited. org/2014/10/14/in-these-times-the-real-world-of-reality-tv-worker-exploitation/; Dominic Patten, IATSE Hits Bravo With Unfair Labor Practice Charges Over “Shahs of Sunset Firings, Deadline Hollywood, September 19, 2014, available at http:// deadline.com/2014/09/shahs-of-sunset-bravo-unioncharges-iatse-843108/; Alex Halperin, How “Shahs of Sunset” is Changing Hollywood, Fast Company, January 13, 2015, available at http://www.fastcompany.com/3040648/how-shahs-ofsunset-is-changing-hollywood. 11 Jacob Davidson, How Uber Breaks the Rules (and Why You Should Care), Time.com/Money, December 10, 2014, available at http://time.com/money/3626486/ uber-insurance-background-checks/, Grayson Kamm, Law Could Force New Safety Rules on Uber, WTSP-TV 10 News, September 9, 2015, available at http://www.wtsp.com/story/news/local/2015/09/09/ law-could-force-new-safety-rules--uber--hillsboroughcounty/71921298/ 12 Justin Fox, Uber and the Not-Quite-Independent Contractor, Bloomberg View, June 23, 2015, available at http://www.bloombergview.com/articles/2015-06-23/ uber-drivers-are-neither-employees-nor-contractors 1

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Lyft, https://www.lyft.com/ (last visited September 14, 2015) 14 Mark Rivera, Tickets Continue for Uber Drivers in Hillsborough, WTSP-TV 10 News, August 12, 2015, available at http://www.wtsp.com/story/news/local/2015/08/12/tickets--continue--uber-drivers--hillsborough/31547901/ 15 Gray Rohrer, Gov. Scott Backs State law for Uber, Lyft, Orlando Sentinel, September 9, 2015 available at http://www.orlandosentinel.com/news/politics/political-pulse/os-gov-scott-backs-state-law-for-uber-lyft20150909-post.html 16 Id.; Katy Steinmetz, Why the California Ruling on Uber Should Frighten the Sharing Economy, Time, June 17, 2015, available at http://time.com/3924941/ubercalifornia-labor-commission-ruling/; Jim Snyder, Uber Case Spotlights a Challenge: When Is a Worker an Employee? Bloomberg Business, June 24, 2015, available at http://www.bloomberg.com/news/ articles/2015-06-24/uber-case-spotlights-a-challengewhen-is-a-worker-an-employee17 Jennifer Titus, Law Could Force New Safety Rules on Uber, WTSP-TV 10 News, September 9, 2015, available at http://www.wtsp.com/story/news/local/2015/09/09/ride-sharing-uber-lyft/71958704/ 18 Sam Biddle, Here are the Internal Documents that Prove Uber is a Money Loser, Gawker, August 5, 2015, available at http://gawker.com/here-are-the-internal-documents-that-prove-uber-is-a-mo-1704234157 19 Supra, n. vi. 20 See, e.g., Tony & Susan Alamo, 471 U.S. at 301 (noting that the test of employment under the FLSA is economic reality); Goldberg v. Whitaker House Co-op, Inc., 366 U.S. 28, 33 (1961) (the economic realities of the worker’s relationship with the employer control, rather than any technical concepts used to characterize that relationship). 21 Administrator David Weil, Administrator’s Interpretation No. 2015-1, Subject: The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors., U.S. Department of Labor Wage and Hour Division, July 15, 2015, available at http://www.dol.gov/ whd/workers/Misclassification/AI-2015_1.pdf 22 Id. 23 Supra, n. vi. 24 National Labor Relations Act, §7, 29 U.S.C. §157. 25 Compare Railway Package System Inc., 288 NLRB 196 (1988) (pickup and delivery drivers are employees) with DIC Animation City, Inc., 295 NLRB 989 (1989) (script writers are independent contractors). 26 Lydia DePillis, In Landmark Case, Labor Board Lets More Workers Bargain with Their Employer’s Employer, Wonkblog, The Washington Post, August 27, 2015, available at http://www.washingtonpost.com/news/ wonkblog/wp/2015/08/27/labor-board-moves-tomake-businesses-accountable-for-their-subcontractors/ 27 U.S. National Labor Relations Board, McDonald’s Fact Sheet, https://www.nlrb.gov/news-outreach/factsheets/mcdonalds-fact-sheet, (last visited September 14, 2015). 13

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Legal Aid SocietyNews

F Edward A. Dimayuga, Esq.

Veterans Services are Front and Center at Legal Aid

lorida has the third largest population of veterans after California and Texas. More than 231,000 veterans who served in Operation Iraqi Freedom or Operation Enduring Freedom live in Florida, and more than 110,000 veterans call Central Florida home. In the next three to four years, one million men and women will return home from active duty overseas to reintegrate into our communities. While most veterans come back, go to school, get jobs, and become friends and neighbors who we are proud of for having served all of us, many veterans come back with a unique set of problems that derail them. More than one-third of the homeless population in Florida is made up of homeless male veterans. Veterans have significantly higher suicide rates than non-veterans.1 The Centers for Disease Control lists veterans as an “at-risk/vulnerable” population.2 Of course, lawyers in Orange County are working to help these veterans in a variety of different ways, and this article shows just a few avenues. First, and most prominently, the Ninth Judicial Circuit operates a Veterans Court program administered by the Honorable Tina Caraballo. The Veterans Court is a partnership between the Ninth Circuit, the Public Defender’s Office, the Veterans Administration, Probation, and the Safety Council. The court and its partners help veterans appearing with criminal issues by placing them in a diversion program. Once a veteran successfully completes the program, which may take up to eighteen months, the charges are nolle prossed. Judge Caraballo issued this statement about her appointment: I’m so honored and excited to take over Veterans Court from Judge Brewer. We are extremely fortunate that Judge Brewer took charge and pushed for the creation of this court in Orange County. Judge Brewer and the entire team has laid a solid foundation upon which we will build and serve our veterans. The veterans participating in our court understand that the entire team is there to support and help with receiving benefits and treatment earned through their military service. The goal for my tenure is to simply continue the great work that Judge Brewer began. To achieve that goal, the court will focus on increasing the mentoring pro-

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gram, increasing community involvement on homelessness and employment issues, increasing involvement of veteran organizations such as the VFW and American Legion, spreading awareness of the program and its results to the referring sources (judges, state attorneys, public defenders, and private defense counsel), and generally working with other groups helping veterans so that we can consolidate and streamline assistance. Those who have served appreciate the “gentle” ribbing among the branches, so I’ll sum up the transfer in this way – the Marine went in first and now it’s time for the Army to take over. Hooah!!! Second, the Legal Aid Society is proud to partner with the Heart of Florida United Way’s Mission United program. This is a new initiative that launched on June 11, 2015, and is a community collaboration that will create a central contact for veterans to access community support, ensuring that service members and their families are never more than two steps from the help they need. Veterans and their families just need to call 2-1-1 on their telephone and identify themselves as a veteran. They will then have quick and easy access to education resources, employment assistance, and legal help. The Legal Aid Society of the Orange County Bar Association is partnering with Seminole County Bar Association Legal Aid Society, Inc. and Community Legal Services of MidFlorida to provide legal advice, consultation, and representation for veterans who identify a need for assistance in the tri-county area. Third, the Legal Aid Society is also a proud partner with Homeless Services Network of Central Florida’s program, which helps veterans and their families who are at risk of homelessness. This program is supported by the Veterans Administration’s grant program called Supportive Services for Veteran Families and provides emergency funding for eviction prevention and avenues for rapid rehousing of veterans and their families who are temporarily homeless. The Legal Aid Society provides assistance to veterans seeking help through that program by offering counsel and advice, primarily regarding the eviction process and prevention strategies. Finally, the Legal Aid Society is honored to work

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Legal Aid SocietyWhat We Do...

I Jamos “Jay” Mobley, Esq.

Giving Thanks by Giving Back

t’s that time of year again. Thanksgiving is almost here and Christmas will be here before you can blink. No matter how you and yours celebrate this joyous season, it is a time to reflect on the past year and count our many blessings whether they be great or small. All of us have had wins and losses in the past year. Some great and some not so great. But overall most of us in the legal community are very fortunate. As we come together with our colleagues, friends, and loved ones to celebrate this holiday season, I would ask each of you to take a moment and reflect on the little things we should all be thankful for but sometimes take for granted. For example, we can be thankful we have a place to call home with a roof over our heads and a nice warm bed to sleep in. We are the fortunate ones. Let us not forget there are those in our community who are far less fortunate. We only have to look as far as our street corners, parks, or overpasses to see that there are too many homeless people in our community. Many of them are veterans who served in combat zones where they bore witness to the atrocities that come with war. Atrocities that we can’t fathom and they can’t forget. In reality, we can never know and therefore never fully understand the physical and emotional burden each individual veteran must bear for the rest of his or her life. The same can be said for all homeless people. We haven’t walked in their shoes. We don’t know what personal hell or minor misfortune led to their homelessness. I can tell you from experience that many of our clients at the Legal Aid Society are only one paycheck away from the streets. And, I can tell you that in the time it takes you to read this article another family just lost that paycheck. Many of the homeless in our community and many of our veterans are faced with civil legal issues that prevent them from obtaining a home or a job. Without assistance from Legal Aid, this cycle of despair cannot and will not be broken. Believe me, I would rather be painting visions of sugar plums dancing in your head than painting a picture of another family becoming homeless this holiday season. But, such is our reality in Central Florida. No one likes the reality of seeing our neighbors, possibly our veterans, sleeping on the streets. Fortunately, pro bono attorneys can help Legal Aid reshape that reality. William Penn said:

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“Speak properly, and in as few words as you can, but always plainly; for the end of speech is not ostentation, but to be understood.” With that sage advice in mind, let me speak plainly of how you – yes, you – are needed to help our homeless and our veterans. The Legal Aid Society needs pro bono attorneys to volunteer for our Homeless Advocacy Project and our Veterans Advocacy, Legal Outreach & Representation (VALOR) Project. These two projects make a huge difference in the lives of those we help. What better gift can you give this holiday season than to commit to giving your time and expertise to help those less fortunate than yourself? Legal Aid provides training and support for these projects, and you receive the benefit of knowing you made a difference in someone’s life. The Homeless Advocacy Project requires a pro bono attorney to go to a designated location on a set, but flexible, schedule. The schedule is prepared in January for the rest of the year, and there are several project locations throughout Orange County. Depending on the location, some of our pro bono attorneys go to a site once per week, or every other week, or only once a month. Legal Aid will work with you to find a schedule and location that works for you. Attorneys assist clients with Legal Aid’s intake process, which consists of filling out a short application for legal services and gathering some basic information. If the attorney is comfortable enough providing advice on the spot, then great. If not, the attorney simply forwards the application to us and we will do the rest. Of course, we don’t mind if you decide to represent the client, and Legal Aid will give pro bono credit either way. The VALOR Project works in much the same way as the Homeless Project except that outreach is conducted at the VA Medical Center in Baldwin Park. This intake clinic runs from 3:00 p.m. to 5:00 p.m. twice a month. We ask that participants commit to at least six clinics per year, but many of our attorneys find the work so rewarding they go once a month throughout the year. Our volunteer attorneys meet with veterans and family members to assist with the intake application and possibly offer advice. This clinic has been so well received by low-income veterans that Legal Aid will be expanding to the new VA Medical Center in Lake Nona early in 2016, provided we have enough pro bono attorneys to make that expansion possible. continued page 26

theBriefs November 2015 Vol. 83 No. 9

www.orangecountybar.org

PAGE 17

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PAGE 18 www.orangecountybar.org

theBriefs November 2015 Vol. 83 No. 9

OCBA Luncheon September 24, 2015 Ballroom at Church Street Station State of the Courts

Chief Judge C. Alan Lawson 5th DCA

Chief Judge Frederick J. Lauten 9th Circuit

Hon. Tiffany Moore Russell Clerk of Courts

Kelli A. Murray, Hon. Diana M. Tennis Tee Persad, Esq. Earnest DeLoach, Esq.

Judge Lawson, Judge Lauten, Tiffany Moore Russell, Esq., Earnest DeLoach, Esq., Jamie Billotte Moses, Esq., OCBA President

Gary L. Dirlam, Esq. Hon. Emerson R. Thompson, Jr., 5th DCA

Michele and Rob Bamberg (shown), Amir A. Ladin, Esq., and Jeff Gitto, Esq. were recognized for their of support of Legal Aid through their 5th Amendment fundraisers. Nick Grounds, John Boulden, Esq.

Photos: Frank Weber

theBriefs November 2015 Vol. 83 No. 9

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PAGE 19

Wayne Helsby, Esq.; Nick Shannin, Esq.; Judge John Kest

Paul Scheck, Esq.; Tad Yates, Esq.

Mary Ann Etzler, Esq.; Mary Ann Morgan, Esq.; Scott McMillen, Esq. David King, Esq.; John Fisher, Esq.

Dan DeCubellis, Esq.

Woody Rodriguez, Esq.; David King, Esq.

Photos: Flo Boehm

PAGE 20 www.orangecountybar.org

Mayanne Downs, Esq.; Tom Zehnder, Esq.

theBriefs November 2015 Vol. 83 No. 9

Orange County Bar Association Past Presidents Dinner

Leon Handley, Esq.

October 7, 2015 The Country Club of Orlando

Bruce Blackwell,,Esq.; Jamie Billotte Moses, Esq.; Richard Dellinger, Esq.

Brian Wilson, Esq.; Frank Bedell, Esq.; R. Lee Bennett, Esq.

Paul SanGiovanni, Esq. Russell Divine, Esq. Judge Maura Smith Wayne Helsby, Esq.

Lee Jay Colling, Esq.; Leon Handley, Esq.; Gene Shipley, Esq.

theBriefs November 2015 Vol. 83 No. 9

www.orangecountybar.org

Kristyne Kennedy, Esq. Woody Rodriguez, Esq.

PAGE 21

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PAGE 22 www.orangecountybar.org

theBriefs November 2015 Vol. 83 No. 9

Save the Date! April 15, 2016 Bench Bar Conference 2016

Loews Portofino Bay Hotel at Universal Ahoy! Pack your bags and embark upon a CLE journey aboard the “U.S.S. OCBA,” departing from the Tuscan Ballroom at the Loews Portofino Bay Hotel in Orlando.* Ports of call include seminars in more than 60 break-out sessions of your choice, including topics in: Estate / Probate Bankruptcy Civil / Personal Injury Criminal / Juvenile

Technology Family Law Business Law Intellectual Property

Appellate Law Employment Law Workers' Compensation Inside the Courtroom

“Lunch with the Chiefs – A Candid Talk with Our Captains.” During a buffet lunch, hear what the chief judges of the Fifth, Seventh, Ninth, and Eighteenth judicial circuits, along with judges from the federal Middle District and Bankruptcy courts, have to say about the issues facing the courts today.

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OCBA Members Non-members $200 $200 $250 $275 $300 $325 $350 $375

Breakfast, Lunch, and Reception included To register, go to: www.orangecountybar.org/products/seminars Please choose your courses upon registration We will be collecting luggage for children in foster care. Please bring new or gently-used luggage to the conference and stow it with the U.S.S. OCBA purser upon your arrival.*

For sponsorship or scholarship information, contact Amanda Nethero, Marketing and Sponsorship Manager at: amandan@ocbanet.org *This CLE program is not an actual cruise.

theBriefs November 2015 Vol. 83 No. 9

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PAGE 23

PhotoOps Outtakes from the Paul C. Perkins Bar Association Back to Business BBQ, August 29, 2015.

OCBA president Jamie Billotte Moses, Esq., PCPBA secretary Margalie Fenelus Reyes, Esq., Carlos Reyes

PCPBA parliamentarian Desmond Morrell, Esq. and Alexis Anum, Esq. with her daughter

Students from FAMU College of Law

Lowndes, Drosdick, Doster, Kantor & Reed, P.A. raised a total of $10,009 for the Leukemia and Lymphoma Society (LLS) during its annual summer fundraiser. This year’s theme was “Crusin’ Along.” Firm employees participated in various activities throughout the summer, such as purchasing raffle tickets, carnations, cookies, casual day passes, and more to raise money for the organization. The firm has been hosting the summer fundraiser for 15 years and has raised a grand total of $159,401.44.

Alexander Dobrev, Esq. Brian C. Lawrence, Brendan Lynch, Esq. PAGE 24

www.orangecountybar.org

theBriefs November 2015 Vol. 83 No. 9

SideBar

entral Florida’s voluntary bar organizations constantly are finding new ways to mix fun, learning, and value for their members. From virtual shooting events to negotiation skills training, the opportunities are endless. Here’s a look at what some of our local organizations have been up to this fall.

Kimberly A. Lopez, Esq.

CFAWL The Central Florida Association for Women Lawyers (CFAWL) was proud to co-host the August OCBA luncheon, featuring Laura Ann Rosenbury, the new dean of the University of Florida Levin College of Law. The CFAWL members of the Gator Nation happily participated in the sea of orange and blue that welcomed Dean Rosenbury. CFAWL had a blast with a virtual shooting event at Gander Mountain on August 22. While the bullets may have been simulated, the fun certainly was not! Many members participated in giving back to the Central Florida community by volunteering their time on September 2 at Second Harvest Food Bank of Central Florida. For the September luncheon, which took place on September 4, CFAWL enjoyed a wonderful presentation on netiquette by Jessica Muroff, the CEO of the Girls Scouts of West Central Florida. CFAWL is hosting its annual Judicial Reception on Wednesday, November 18, 2015, from 5:30 p.m. to 7:30 p.m. at the Courtyard at Lake Lucerne in downtown Orlando. The reception will honor the county and circuit courts from Orange, Osceola, Seminole, Brevard, Lake, and Volusia counties, as well as judges from the Fifth District Court of Appeal, federal judges from the Middle District of Florida, and the Bankruptcy, Social Security, Workers’ Compensation Court judges in Central Florida. Your support in sponsoring this event is greatly appreciated. For more information, please contact one of the co-chairs, Melanie Demps, Esq. at mcdlaw@fldivorce.com, or Arti Hirani, Esq. at hirani. arti@gmail.com. For other upcoming events, please check out cfawl.org. CFAWL is getting social this year. Check out CFAWL’s Facebook, Twitter, Instagram, and LinkedIn pages for information about all upcoming social and programming events, interesting articles, and great photos.

focused on improving the participants’ ability to negotiate effectively by sharpening existing skills and deepening their knowledge of fundamental principles for successful negotiation. The seminar featured panelists Albert Tellechea, Esq., Gisela Laurent, Esq., Fermin Lopez, Esq., and Mike McDonner. Panelists answered a series of questions drawing from their different practice areas and experiences. HBACF membership chair Vanessa Cotto, Esq. moderated the panel. Topics discussed included the importance of negotiation skills, first-offer dynamics, preparing for negotiations, maintaining control, dealing with untrustworthy adversaries, negotiating ethically, and combatting your adversary’s techniques. Did you miss this great seminar? Thanks to the generosity of Milestone Reporting Company, who sponsored the lunch, a video of the entire seminar has been posted to Milestone Reporting’s YouTube page for all to see.

PCPBA On August 19, 2015, the Paul C. Perkins Bar Association (PCPBA) held its new members social at Ember in downtown Orlando. The social was a great kickoff event to the PCPBA year and welcomed new members to the organization. And, of course, welcomed and cherished renewing members. PCPBA also held a Back to Business BBQ on August 29, 2015, at Mayor Carl T. Langford Park. Threats of Tropical Storm Erika did not stop PCPBA from having great food, fun, and games at its annual BBQ! Remember, SideBar is for you! Please send news about past or future events, along with photos and IDs, to my attention at kimberly.lopez@akerman. com. Kimberly A. Lopez, Esq., Akerman LLP, is an associate in the firm’s Litigation Practice Group. She focuses her practice on diverse commercial and business litigation matters. She has been an OCBA member since 2008.

HBACF On August 28, 2015, the Hispanic Bar Association of Central Florida (HBACF) held a lunchhour seminar aimed at helping young lawyers develop their negotiation skills. The lunch seminar

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www.orangecountybar.org

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LASNews continued from page 15

with the Orlando VA Medical Center to provide an on-site pro bono clinic, where veterans receiving services at the VA Medical Center near Winter Park and Baldwin Park can meet with a volunteer lawyer and discuss a legal problem. The veteran will be processed for Legal Aid assistance if the veteran meets financial and case-acceptance guidelines; otherwise he or she will be referred to a more appropriate resource, including the Orange County Bar Association’s Lawyer Referral Service. In 2014, this pro bono clinic provided consultations to 64 veterans, and through the first clinic of June 2015, we have provided consultations to 55 veterans. The Legal Aid Society is proud to participate in so many different ways in our Orange County community. If you are interested in helping financially or by participating in one of our programs, please contact Jamos “Jay” Mobley, Esq. at 407-8418310, ext. 3163, or jmobley@legalaidocba.org. Edward A. Dimayuga, Esq. was previously the Special Projects Pro Bono Coordinator at the Legal Aid Society. He worked at Legal Aid for six years. He is now practicing Social Security, elder, and estate planning law at the Law Office of Richard A. Culbertson in Daytona Beach. He has been a member of the OCBA since 2013. http://www.latimes.com/nation/la-na-female-veteran-suicide-20150608-story. html#page=1 (retrieved June 19, 2015). 2 http://www.cdc.gov/minorityhealth/populations/atrisk.html#SES (retrieved June 19, 2015). 2 http://www.cdc.gov/minorityhealth/populations/atrisk.html#SES (retrieved June 19, 2015) 1

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Not an OCBA member yet?? Join today!

Your exclusive member benefits:

• Free My Orlando Lawyer Online Directory Listing • Free Luncheons • Free The Briefs Magazine • Free Committee & Section Memberships • Priority Room Booking • Discounts on Seminars & CLE • Discounts on Social Events • Discounts on Advertising • Discounts onVendor Services

LASWhat We Do... continued from page 16

With your help, we can make huge changes in our community and life-altering changes for Legal Aid clients. Lao Tzu said: “The journey of a thousand miles begins with one step.” Now I am saying to you, if all of the 5,952 attorneys in Orange County took but a single step, the journey to a better community for everyone would be well underway. From everyone at Legal Aid, thank you! Thank you for all you’ve done in the past year to make legal assistance possible for lowincome individuals and families in our community. And, thank you in advance for helping out in 2016! For information about how you can help by participating in Legal Aid’s Homeless Advocacy Project or VALOR Project, contact Jamos “Jay” Mobley, Esq. at 407-841-8310, ext. 3163, or jmobley@legalaidocba. org. 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.

Not what we say about our blessings, but how we use them, is the true measure of our thanksgiving. – W.T. Purkiser

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YLS on the move

Jennifer A. Smith, Esq.

he weather may be cooling down, but YLS is on fire! Here’s a look at what we have been up to this fall. On Wednesday, September 9, 2015, YLS joined the Young Certified Public Accountants for a joint happy hour at Ember in downtown Orlando. We had free drinks, free food, and great networking opportunities. Congratulations to Miguel Acosta, Esq. and Rafael Rodriguez, Esq. for another successful social. On September 16 and 22, 2015, as part of its Work-Life Balance Initiative, YLS members enjoyed free boxing classes at TITLE Boxing Club Orlando. The 60-minute, trainer-led classes took members through a true boxer’s workout. Fun (and sweat) was had by all. Thanks to Keith Kanouse, Esq. for putting this event together. On September 18, 2015, YLS was honored to host eight-time best-selling author and Work-Life Balance speaker, Fawn Germer, to its monthly luncheon. With one of its largest luncheon turnouts in history, YLS members were inspired to examine their work-life balance and develop their quality of life. Special thanks go to Rachel Lowes, Esq., luncheon committee chair, and YLS president Amber Davis, Esq., for arranging such a special speaker. On September 19, 2015, in conjunction with the Volusia County Young Lawyers Section, YLS members and future members joined together to clean up New Smyrna Beach as part of the International Coastal Beach Clean-Up. Amber Williams, Esq. organized a great day of service, sun, and fun! On September 26, 2015, members of YLS headed to the UF/Tennessee game for its annual Gator Bus Trip. Gator fans enjoyed a bus ride with food and drink and a seat at the game. We extend a big thanks to our Bull Gator Sponsor, U.S. Legal Support, and our Grand Gator Sponsors, Cox Media Group Digital, Radio, and Event Marketing and Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. Congratulations to YLS board member and committee chair, Joey Chindamo, Esq., on a very successful event. Our 24th Annual Charity Golf Tournament was held on October 9, 2015, at the Grand Cypress Resort. This event is our main charitable fundraising event all year. We would like to thank our sponsors, a full list of which can be found at http://www.golfeventpro.com/events/ocbayls/ our_sponsors. This event would not be possible without the dedicated efforts of chairs Ryan Scordato, Esq. and Keith Kanouse, Jr., Esq. Look for photos in January’s issue of The Briefs! On October 29, YLS hosted its third annual Halloween Party at the Women’s Residential

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Counseling Center (WRCC). The WRCC is a 138-bed transitional living program for single women and women with children. At the party, volunteers provided the children with new Halloween costumes, and the children were treated to a fun evening of games, candy, and other Halloween treats. Volunteers also performed a mock trial to teach the children about our courts system. The YLS would like to thank the many volunteers who helped with the event, as well as the event planners, Jennifer Morando, Esq. (chair), Erica Cipparone, Esq., and Lauren Ryan, Esq. Stay tuned for these upcoming events: On November 18, 2015, the YLS will host a happy hour to benefit the Basket Brigade of Central Florida, which provides food baskets to the less fortunate during the holidays. We’ll be gathering from 6:00 p.m. to 8:00 p.m. at Mingo’s, 100 S. Eola Drive # 105, Orlando, 32801. Appetizers will be served, and drinks (which range from $2 to $5) will be free for anyone who donates non-perishable canned goods or brings a basket filled with non-perishable goodies. RSVP for the happy hour to Jodi Ruberg, Esq., at JMRubert@MDWCG.com, and indicate whether you plan to bring a basket. If you’re interested in delivering food baskets, we’re looking for volunteers. Our goal is to deliver 600 baskets! Look for all the details in upcoming YLS email blasts. The next YLS Luncheon will be held on November 20, 2015, at the Citrus Club from 12:00 p.m. to 1:00 p.m. Check-in begins at 11:45 a.m. The luncheon costs only $10 per person for a delicious three-course meal. Lunch is offered at a reduced price thanks to the generosity of our sponsors. Please be sure to RSVP by November 18 online at http://orangecountybar.org/ylsproducts, or to yls@gmail.com if you are paying by check or cash. A late charge of $5 per person will be added for all RSVPs not received by the deadline. Please note that the YLS is charged for all RSVPs, so be sure to notify us if you have RSVP’d and are unable to attend. Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www.facebook.com/OCBAYoungLawyersSection. Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

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Robert Mansbach Lawyers’ Literary Society of the Orange County Bar Association Reading List 2015-2016 Date

Author

Book

Discussion Leader

November 11, 2015

Patrick Modiano

Dora Bruder

Karen Jennemann

December 9, 2015

Anita Loos

Gentlemen Prefer Blondes

Robert Hoofman

January 13, 2016

John Synge

Playboy of theWestern World

Stuart Bernstein

February 10, 2016

Anthony Doerr

All the Light We Cannot See

Jules Cohen

March 9, 2016

Richard Flanagan

Narrow Road to the Deep North

Dotty Green

April 13, 2016

Muriel Barbery

The Elegance of the Hedgehog

Anna Palmer Darkes

May 11, 2016

Anthony Burgess

A Clockwork Orange

Scott Willick

June 8, 2016

Seth Greenland

I Regret Everything

Dennis Wall

www.patrickcrowell.com Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806

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OCBA’s online courses are fast, convenient and inexpensive. Courses are available 24 hours a day, 7 days a week. All instructions are included online. You can start and stop programs, picking up where you left off, as many times as you like. Phone support is available for questions about using any of the online courses. About this course: The Notary Public course and the Notary Public Commission Renewal course are sponsored by Florida Notary Services.

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Hearsay...

Vanessa A. Braga, Esq

t’s November, and my favorite family celebration is Thanksgiving. In the spirit of Thanksgiving, I am thankful to be practicing in Orlando, where there are so many talented attorneys. It is truly remarkable to see the contributions of the members of our legal community. Without further ado, let the recognition begin! In the GrayRobinson section, shareholder Chris Carmody, Esq., has been elected vice chair of the Ninth Circuit Judicial Nominating Commission. Thomas A. Cloud, Esq., also a shareholder, was unanimously selected to be president-elect of the Florida Municipal Attorneys Association beginning in summer 2016. Craig F. Novick, Esq., and Rachel M. Crews, Esq., associates, were awarded an AV Preeminent rating, recognizing their legal ability and high professional standards of conduct, ethics, reliability, and diligence. Shareholder Jason Searl, Esq., was elected chair of the City of Orlando Municipal Planning Board. The latest list of board certified attorneys has been released by The Florida Bar. Among those receiving board certification are: Guy Haggard, Esq.; Wiley S. Boston, II, Esq.; Steven B. Spain, Esq.; Chad K. Alvaro, Esq.; John D. Hanebrink, Esq.; Patrick C. Howell, Esq.; Dara L. Jebrock, Esq.; Kevin P. Kelly, Esq.; Lisa Gong Guerrero, Esq.; Amanda M. Sampaio, Esq.; and Sarah Wallerstein Koren, Esq. Congratulations, everyone, on your tremendous achievement! Vivien Monaco, Esq., counsel at Burr & Forman, LLP, was appointed chair-elect of The Florida Bar Environmental and Land Use Law Section and is in line to chair the section beginning in June 2016. Our members receive many awards during the year, and recently Larry Watson, Esq., founding principal of Upchurch Watson White & Max, received the Sharon Press Award for Excellence in alternative dispute resolution. He joins the ranks of the few dispute resolution professionals to receive this prestigious award. The 22nd edition of The Best Lawyers in America is out! Several FordHarrison LLP attorneys, including Lori R. Benton, Esq.; James G. Brown, Esq.; Thomas C. Garwood, Jr., Esq.; Allen J. McKenna, Esq.; M. Susan Sacco, Esq.; Kay L. Wolf, Esq.; and Aaron L. Zandy, Esq. made the cut. Greenberg Traurig attorneys, Gregory W. Herbert, Esq.; Ronald M. Schirtzer, Esq.; I. William Spivey II, Esq.; and Michael J. Sullivan, Esq. were named as Lawyer of the Year in their respective fields. Thomas P. Wert, Esq. and David P. Barker, Esq., partners in the Orlando office of Roetzel & Andress LPA, were

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also included in the list. Fourteen Dean Mead attorneys were included in the list: Darryl M. Bloodworth, Esq.; Robert W. Mead, Jr., Esq.; Joseph “Jay” Van Heyde II, Esq.; Stephen J. Bozarth, Esq.; Marc D. Chapman, Esq.; Lauren Y. Detzel, Esq.; Jane D. Callahan, Esq.; Vicki L. Berman, Esq.; Gregory K. Lawrence, Esq.; Albert D. Capouano, Esq.; Charles H. Egerton, Esq.; Steven C. Lee, Esq.; Stephen R. Looney, Esq.; and David J. Akins, Esq. Chosen as Lawyer of the Year, Joseph P. “Rusty” Carolan III, Esq. and fellow Winderweedle, Haines, Ward & Woodman, P.A. attorneys, J. Jeffrey Deery, Esq.; Robert P. Major, Esq.; Bradley M. Saxton, Esq.; Gregory L. Holzhauer, Esq.; Craig A. Minegar, Esq.; Randolph J. Rush, Esq.; Harold A. Ward III, Esq.; and Victor E. Woodman, Esq. also were on the list. Lastly, David W. Henry, Esq., a Warner Coleman & Goggin shareholder, was chosen as part of the 22nd edition. Continuing the GrayRobinson kudos, twentyone attorneys in the Orlando office were chosen as part of 22nd edition: Trevor B. Arnold, Esq.; R. Lee Bennett, Esq.; John A. Boudet, Esq.; William A. Boyles, Esq.; John M. Brennan, Esq.; Michael J. Canan, Esq.; W. Michael Clifford, Esq.; Thomas A. Cloud, Esq.; Mayanne Downs, Esq.; Phillip R. Finch, Esq.; Kent L. Hipp, Esq.; Jeffrey D. Keiner, Esq.; Frederick W. Leonhardt, Esq.; Byrd F. “Biff” Marshall, Jr. Esq.; Tracy A. Marshall, Esq.; Michael E. Neukamm, Esq.; Pamela O. Price, Esq.; Paul S. Quinn, Jr., Esq.; Richard M. Robinson, Esq.; Susan T. Spradley, Esq.; and Thomas J. Wilkes, Esq. As you can see, we have quite the legal talent here in the Orlando area. Congratulations to the few and proud who were selected as part of the 22nd edition of The Best Lawyers in America. It is great to hear Orange County Bar attorneys providing their insight through presentations. Eric C. Boughman, Esq., of Forster Boughman & Lefkowitz, presented at the Professionalism in Discovery seminar at the Orange County Bar Center and was the keynote speaker at the Quiet Title Actions in Florida Seminar. David W. Henry, Esq., of Marshall Dennehey Warner Coleman & Goggin, presented “Agent’s Guide to Legal Liability and Litigation Trends” and “Advertising Injury and Coverage for Intellectual Property” at the Society of Certified Insurance Counselors Ruble Seminar in Lake Buena Vista. In addition, he presented “Big Bombs Need a Long Fuse: Effective Mediation for E&O Claims Professionals” at the Annual E&O Insurance Ex-

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The Orange County Bar Association is pleased to provide you with a list of vendors that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.

Become a preferred vendor • Contact Vendor Marketplace representative by email. •Advertising• The Baker Press, Inc. Finest Quality Printing since 1968 Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 dthompson@thebakerpress.com Living Magazines, Inc. /Vail Living Agency Innovative Print & Advertising Design • Catherine Hébert • P.O. Box 3905, Avon, CO 81620 • 970-331-6491 trinitycathy@yahoo.com THELAW.TV Free welcome video for your firm from the nation’s leader in web videos for lawyers. • Corey Saban • 1401 Forum Way, Ste. 730, West Palm Beach, FL 33401• 561-626-9809 • csaban@thelaw.tv

OCBA Mentoring Program Do you have wisdom & experience you could share with younger lawyers? Could you use some guidance from an experienced lawyer?

If so, then this program is for you! Mentors and mentees meet 16 times from February through May on a mutually convenient schedule to discuss the practice of law. Jan. 8, 2016 – Applications Due Feb. 1, 2016 – Program Begins Feb. 4, 2016 – Kick-off Luncheon May 31, 2016 – Program Concludes The commitment is minimal, but the impact may be life-long! For details, go to: www.orangecountybar.org/mentoring or contact Kristopher Kest at 407-514-2667.

•Banking•

BMO | Harris Bank Strength and Stability in Banking • Michael Valenzuela 150 North Orange Ave., Orlando, FL 32801 • 407-534-5902 Michael.Valenzuela@bmo.com

•Legal Support Services•

Boehm & Boehm Forensic Media Consulting Certified Comprehensive Litigation Support Solutions • Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 • 407-405-8483 • florian@boehmboehm.com Westlaw, a Thomson Reuters business Westlaw, Legal Products and Services Charles Kiester • 321-356-5350 • charlie.kiester@thomsonreuters.com ProServe USA 1, Inc. Nationwide Process Service, Skip Tracing, Records Subpoenas, Bulk Pricing Available • Rob Bamberg • 407-872-0707 info1@proserveusa.com

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WonderWorks Orlando All members of OCBA receive 25% off all WonderWorks Orlando Tickets via personalized company link. • Annie Rivera • 407-352-4275 events@wonderworksonline.com

•Pratice Management•

MyCase Web-based legal practice management software built for the modern law firm. MyCase offers a 10% lifetime discount to all OCBA members! Stephanie Phelan, Marketing Manager • 50 Castilian Dr., Goleta, CA 93117 805-364-5727 • stephanie.phelan@mycase.com

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Dytech Group Computer Networking “Our Business lets you Focus on Your Business” • Dennis Bell •7201 Sandscove Ct., Ste. 4, Winter Park, FL 32792 407-678-8300 • Sales@Dytech.com InterNetwork IT Everything IT for Your Company. Let us worry about your IT so you don’t have to. • Adam Alexander • 653 W. Michigan St. Orlando, FL 32805 321-300-6383 • Adam@InternetworkIT.com The business 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.

fs November 2015 Vol. 83 No. 9

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ParalegalPost

N Phillip L. Gordin

Local Attorney Writes Book Regarding Health Coverage and the Affordable Care Act

early 13 years ago I started working as a paralegal for attorney Michael J. Canan, Esq. in Employee Benefits at GrayRobinson, P.A. This is essentially my third career. After 26 years in the U.S. Air Force, my family moved to Florida, and I soon found that St. Cloud, Florida, was a lot different from my last duty station at the Air Force Base in Los Angeles, California. We never had cows in our back yard in Los Angeles County; in St. Cloud they broke through a fence. Later I worked as a systems/software engineer on a military simulation project for TRW (now Northrop Grumman) and with a subcontractor to Science Applications International Corporation (SAIC) on a separate simulation project. My mother had Alzheimer’s disease and lived in several local nursing homes, so I contacted an attorney to help with Medicaid planning for her. I soon started working for my elder law attorney’s husband, also an attorney, who taught me about qualified retirement plans, such as drafting Adoption Agreements and Summary Plan Descriptions using a software package. I began working for Mike two days a week in December, 2002. He wanted to restate his remaining defined contribution plans. Over time, Mike saw I had many talents and gradually I began working nearly fulltime. Mike’s practice includes defined benefit and defined contribution plans and Employee Stock Ownership Plans (ESOPs). Eventually, Mike had me reviewing and marking up drafts of letters or emails before they were sent to clients, the IRS, or the U.S. Department of Labor. Mike has worked as an attorney for more than 30 years. In addition to his legal practice, he has written books on qualified retirement plans and welfare benefit plans. Last year Mike wrote a book published by Thomson Reuters: Understanding Health Coverage and the Affordable Care Act. Mike wrote in the introduction to the book that “[i]n the last several years, the combination of several family situations and the passage of the Affordable Care Act (ACA) has made me realize how important it is for adults of all ages to have accurate information about health care alternatives available to them and their families.” Mike’s book discusses the ACA and much more. Many people are directly impacted by the ACA, but a large number are not. Almost all individuals, however, will have medical issues that are discussed in this book, including payment of medical treatments not fully covered by their health plans or insur-

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ance, managing prescription drug expenses, and appealing unfavorable heath care decisions under their plans. The first six chapters focus on the ACA and include information about using the exchange to purchase an individual health insurance policy as well as employer-provided health coverage. The middle section of the book examines Medicare, Medicaid, TRICARE for military service personnel and their dependents, and long-term care for veterans. Other chapters include information about domestic partners, retiree health coverage, and health coverage for children under age 26 and young adults through the age of 30. Toward the end of the book, Mike writes about how to shop for low-cost prescription drugs and provides information about Health Savings Accounts (HSA), Medical Savings Accounts (MSA) and Flexible Spending Accounts (FSA). Last but certainly not least, Mike discusses how to negotiate medical costs and bills. I feel that Mike’s book was a very important undertaking, and I was gratified when he asked me to review sections of the book. Because of my time in the Air Force, and after additional research, I was able to shed light on the TRICARE chapter. Active duty personnel usually are treated on base by military doctors, but their families usually are seen at local hospitals or by local doctors through the TRICARE program. In addition to being covered by TRICARE, I am now also on Medicare and have some familiarity with Medicare matters. I was able to review many of those chapters as well as review tables for the subsidies under the ACA for families with certain income limits. In his acknowledgment, Mike included the following: “Phil Gordin, my longtime paralegal (in my other life as a lawyer) reviewed the book and made a number of good suggestions, as well.” From my perspective of reviewing the book, I believe it offers something for everyone, whether they are eligible for ACA coverage or not. The book is written in an easy to follow, question and answer format. It is valuable not only for attorneys but for anyone wanting to better understand health coverage and the options they and their families have. The book can be ordered through Amazon. Phillip L. Gordin, a paralegal with GrayRobinson, P.A., has been an OCBA member since 2009.

www.orangecountybar.org

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Hearsay continued from page 29

ecusummit. Greg Snell, Esq., of counsel with Foley & Lardner LLP’s Orlando office, spoke on “Best Practices in Civil Discovery” at the Federal Bar Association Orlando Chapter’s Morning at the Federal Courthouse as well as “The Perils of Criminal Background Checks” at the Volusia Flagler SHRM Business Expedition – Charting the Course for Success. James A. Timko, Esq., a partner at Shutts & Bowen LLP, has been certified as circuit-civil mediator by the Florida Supreme Court. Congratulations! I hope you’ve enjoyed reading about your colleagues’ achievements and contributions over your holiday meal. Now, let’s hope for a good game of football, postThanksgiving day meal. Be sure to send me your news, photos, and IDs (vanessa@burruezolaw.com). See you in January 2016, Hearsay! Vanessa A. Braga, Esq. is an associate attorney with Burruezo & Burruezo, PLLC, handling labor and employment matters. She has been an OCBA member since 2014.

You are in business to deliver a valuable service. Toot your own horn! The Briefs is the perfect forum to herald your message. OCBA advertising specialist Amanda Nethero stands ready to assist in your media investment.

407-422-4551 x. 244 // amandan@ocbanet.org

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Rainmaking

T Michael Hammond, Esq.

The Five Marketing Habits

o become a successful rainmaker, you must get out of your comfort zone. Try embracing some new routines and adopting five new habits that will significantly leverage your marketing efforts. Practice these habits until they become second nature to you. Success requires that you adopt the right habits and commit to implementing them every week. Habit #1 – Three Marketing Contacts a Week Our research shows that successful rainmakers averaged three contacts with referral sources per week, while those who struggled to bring in new business averaged only one – and that was a good week for them! The successful rainmakers’ contacts might involve lunch; occur at the courthouse; or at a local bar association event – but every contact involved at least 20 minutes of cultivating relationships and building rapport with existing or potential referral sources. Take advantage of serendipitous meetings, but plan ahead and block time in your calendar to consistently market yourself three times a week. The results are worth the effort: 3 contacts x 50 weeks = 150 marketing contacts a year. If 150 contacts with good referral sources don’t generate business, then nothing will. Habit #1 is, by far, the most important of the Five Marketing Habits to implement. Habit #2 – Asking for Referrals At the conclusion of each matter, tell your client: “My practice has been built on referrals from people like you. If anyone you know needs my services, I’d appreciate it if you’d mention my name.” You don’t have to use these exact words, but this is the general idea. Don’t assume that clients will automatically think of referring others to you; it may never occur to them, unless you ask them politely and professionally. There is a direct correlation between the number of times you ask for referrals and the directness of that request, to the number of referrals you will receive. Habit #3 – Sharpening the Saw Stephen Covey made the phrase “Sharpening the Saw” famous, and it means that we must seek constant improvement if we hope to achieve excellence. You must develop a marketer’s mindset. Read a marketing book or articles on marketing once a month, supplemented by attending a marketing workshop whenever you have the chance. Your discomfort with marketing may come from a lack of training – it’s hard to practice what you don’t understand. The truth is that you already

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have many of the skills you need to be successful at relationship-based marketing, but you don’t realize it. You just need to learn how to apply these skills intentionally and strategically. So “sharpen your saw” by educating yourself about marketing at every opportunity. Habit #4 – The Thank You Habit Make a habit of thanking referral sources every time they send you a client, regardless of whether the client hires you. Send a handwritten note, pick up the phone, or take the referral source to lunch when he or she makes an effort to send a client your way. Always reward this behavior as promptly as you can so that the referral source will think of you the next time he has business to send – this is “top of mind awareness” and it is vital to developing a healthy, growing referral network. Habit #5 – The Adding Names Habit Some referral sources are better than others and they deserve the bulk of your attention. But stuff happens. Some will move away and others will change careers, retire, or just stop sending you business for no apparent reason. It pays to keep meeting new people to continually add new streams of referrals. For example, one attorney we know attends bar functions with the goal of always meeting three new attorneys who don’t practice her specialty of law. Before the event starts, she socializes with everyone she knows, but then she starts marketing by always sitting at a table where there’s no one she already knows. The opportunities to meet new people – the kinds of people who are well-positioned to send good clients to you – are all around you, but you have to be looking for them to see them. Growing your practice requires that you market yourself. Your willingness to push beyond your comfort zone drives the growth of your practice. Remember, marketing is one of those things you learn by doing. All it takes is a willingness to view your practice as a client-centered, service-driven business – and a few new habits. Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.

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