Orange County Bar Association - The Briefs - November 2019

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message When Technology Intersects with the Law in a BIG Way Anthony F. Sos, Esq. November 2019 Vol. 87 No. 9

Real Property Committee Empowering Your Clients with PropTech Charity J. Tonelli, Esq.

Appellate Practice Committee The Brave New World of Discovery: Forensic Inspection of Electronic Devices Margaret E. “Amie” Kozan, Esq. Technology Committee The Business of Law in a Digital Age Marissa E. Treviño, Esq.

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theBriefs November 2019 Vol. 87 No. 9

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PAGE 1

the Briefs

Contents 3

President’s Message When Technology Intersects with the Law in a BIG Way Anthony F. Sos, Esq.

5

Chief’s Column More with Technology The Honorable Donald A. Myers, Jr.

6

Professionalism Committee Looking for Teeth Robert W. Borr, Esq.

14

Legal Aid Society What We Do...

A Call to Alms Jamos “Jay” Mobley, Esq.

Editor Kate T. Hollis

Associate Editors Karen L. Middlekauff & Robyn M. Kramer

15

Hearsay Columnist Linnea M. Eberhart

Legal Aid Society Teaching Tips What is Domestic Violence Tichiena Tucker, Esq.

YLS on the Move Andrew P. Irvin

18-19

SideBar Alena V. Baker

28th Annual OCBA-YLS Golf Tournament

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

20-21

OCBA September Luncheon

7

Real Property Committee Empowering Your Clients with PropTech Charity J. Tonelli, Esq.

8

Clerk’s Corner Technological Advances at the Clerk of Courts Saves You Time Tiffany Moore Russell, Esq.

23

Law Day 2020 5K Cocktail Kickoff

25

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

Paralegal Post Preparing for Trial Jorge Astorga, FRP

27

Young Lawyers Section News YLS on the Move Andrew P. Irvin, Esq.

9

Guest Article Electronic Signatures in the Court David E. Peterson, Esq.

29

10

Appellate Practice Committee The Brave New World of Discovery: Forensic Inspection of Electronic Devices Margaret E. “Amie” Kozan, Esq.

12

Business Law Committee Back in Business: The Business Court Division Reopens in the Ninth Judicial Circuit Lindy K. Keown, Esq.

13

Technology Committee The Business of Law in a Digital Age Marissa E. Treviño, Esq.

Voluntary Bar News SideBar Alena V. Baker, Esq.

31

OCBA Annual Trivia Contest

34

New Members

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

35

Events & Seminars

36

Classifieds

40 Calendar

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

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 ©2019 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock.

ISSN 1947-3968

PAGE 2

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©2019

theBriefs November 2019 Vol. 87 No. 9

President’sMessage

November 2019

When Technology Intersects with the Law in a BIG Way

H

ere is the one thing I know about most lawyers. So many of us are yearning to make a real difference in people’s lives and on a grander scale, to make a difference in the world.

Yet, despite professional successes and advancements, sometimes many of us can feel stuck, like we have a lot more to give and are just waiting for that opportunity Anthony F. Sos, Esq. to really make a difference. Well, since this Briefs publication is focusing on technology, I am excited to share with you a compelling true story about how technology intersected with the law in a monumental way, leading to the freedom of more than 2,000 slaves and the prosecution of their captors. If the stars align, one of the involved participants will be our guest keynote speaker at the January OCBA luncheon.

Nancy Coleman is the senior vice president of marketing and corporate communications at Maxar (f/k/a DigitalGlobe), a Colorado-based company.

Maxar operates satellites in space and supporting ground infrastructure. This cohesive system allows the company to zoom in and capture images on any part of our earth’s surface, including the mighty sea, at a very high resolution. Because of Maxar’s unique capabilities to capture images literally anywhere on earth, many reporters contact the company for assistance on certain projects.

However, not too long ago, Maxar accepted a call from the Associated Press and quickly learned that this call was unique.

For approximately four months, the AP had been investigating a story involving men from Southeast Asia who were being used as modern-day slaves. It was be- A former slave fisherman is embraced by his lieved that the men mother while his sister (right) is overcome were tricked into by emotion. They were reunited after being thinking they were separated for 22 years. getting a job working as commercial fisherman. Instead, they were kidnapped, kept at sea against their will, and forced to work as slaves. When a ship did reach the shore, the captors kept the men in cages to prevent their detection and escape. Many of the men had been missing for decades. And, it was later learned, the boats using this slave labor would rendezvous with commercial vessels at sea. The commercial theBriefs November 2019 Vol. 87 No. 9

vessels would take the haul for ultimate distribution through major supply chains, including in the United States. This was nothing short of modern-day human trafficking.

The AP’s initial investigation was premised on accounts from recently returned slaves, records from the government, and interviews with experts on commercial fishing. But the AP did not have enough evidence to grab the attention of the Indonesian government. Thus, looking for more concrete, solid proof, the AP investigators contacted Maxar hoping the company could secure satellite images of this slave activity. One of the problems: the traffickers turned off all their tracking devices on the boats, rendering them almost invisible.

Maxar agreed to help. In response to the AP’s request, Maxar tasked a satellite with the coordinates where it was believed a target ship was hiding.

Within one day, Maxar superstar analysts secured an image of the ship with impeccable clarity. The satellite imagery provided the AP with the evidence it needed to obtain the intervention of the Indonesian government. Ultimately, they were together able to confirm the truth of the human trafficking allegations.

This was the first time Maxar’s technology had been used to observe live human trafficking. As Coleman observed in an interview for this piece, “there is a lot that goes on in the ocean because they think they can’t be seen but with developing technology and our vantage point in space, we are catching these folks.”

One week after the AP published the story, the Indonesian government began a criminal investigation, which ultimately led to more than 2,000 slaves being freed, arrests of dozens of people, seizure of ships worth millions of dollars, and the enactment of U.S. legislation aimed at creating greater transparency from food suppliers.

The AP was awarded a Pulitzer prize for its “Seafood to Slaves” investigation. A video of this remarkable story can be found at: https://www.youtube.com/watch?v=Hr4U3SBQI6Q. One reason I found this story so compelling is because Coleman, and so many others involved in the investigation, are typical hardworking folks who, in the course of going about their daily business, were able to effect significant real-world change. In our everyday pursuits, perhaps especially as attorneys, we are positioned to positively impact the world in a way most of us dream of doing.

Anthony F. Sos, Esq., is a partner at Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP.

www.orangecountybar.org

PAGE 3

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PAGE 4 www.orangecountybar.org

theBriefs November 2019 Vol. 87 No. 9

Chief’sColumn More with Technology Discourage litigation. Persuade your neighbors to compromise wherever you can.

– Abraham Lincoln

S

ince 2000, Orange and Osceola counties have experienced unprecedented growth. Orange County saw an increase in its population by 54%, while Osceola County’s population more than doubled, increasing by 113%. Population The Honorable experts project that our region Donald A. Myers, Jr. will continue to grow, reaching Chief Judge 5.2 million residents by 2030.

That is an incredible influx of Ninth Judicial Circuit Court people and one that impacts every aspect of our society, including the courts.

Throughout this time, the Ninth Circuit has done a tremendous job doing more with less. The dedication of our judges and staff has allowed the circuit to keep pace with increasing demands.

However, as we face the reality of a continually growing population, along with an anticipated flat funding stream, the courts will be unable to continue that trend. More with less must inevitably become less with less. And, while I acknowledge we can only do so much given the available resources, doing less is not an option for the courts.

More with less needs to become more with more, and how we get there is by reframing the conversation. When talking about the resources of the court, conversations typically revolve around staff and funding. But, when technology is added to this list of means, these conversations create a genuine shift in both how the courts view and provide services. This shift is happening now, and there is no clearer example than the exploration of online dispute resolution (“ODR”).

theBriefs November 2019 Vol. 87 No. 9

Abraham Lincoln’s entreaty to discourage litigation and encourage compromise is a foundational concept for mediation and a guiding principle for ODR. ODR shifts civil disputes out of the courtroom and into the online mediation room. It affords people, including unrepresented parties, the opportunity to approach their disputes from a place of collaboration as opposed to one of opposition and conflict. And, it all happens online, creating unprecedented ease of access for the disputing parties while also alleviating the strain of additional cases to an already strained court docket. ODR gives us a glimpse into how technology will allow the courts to do even more without significant additional resources.

The state has launched an ODR pilot project in circuits across Florida, and the Ninth Circuit was selected as a test site for application of the technology to small claims disputes. We have always embraced new technologies as a way to help stretch our resources and engage with the community, and by participating in this pilot we can extend our efforts beyond our own courts and community to people and courts across the entire state. Testing the efficacy of ODR, assessing community engagement, and measuring its impact on the function of the courts gives us the chance to shift the “less with less” paradigm toward the “more with more” paradigm for the court system. It is an exciting opportunity for the Ninth Circuit and an exciting time for our court system. Technology is a powerful tool for the courts, and I look forward to seeing how it shapes the courts of the future.

The Honorable Donald A. Myers, Jr., is the chief judge of the Ninth Judicial Circuit. He was elected to the Circuit Court for Orange and Osceola counties in 2010 and served in many capacities in the circuit, most recently as a circuit court judge assigned to the domestic division and as the administrative judge for appeals to the circuit court. He has been a member of the OCBA since 1980.

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee Looking for Teeth

T

here is a prevailing playbook promoted by practitioners who subscribe to a system of delay, last-minute filing, and uncooperative behavior – it is an ugly truth, but a truth nonetheless. The legal community has promoted ethics seminars, created professionalism panels, even changed the Oath of Admission; but, as often said during the course of these discussions, “those who need to hear this are not here” and “we Robert W. Borr, Esq. are preaching to the choir.” While these proactive approaches are certainly to the benefit the practitioner faced with the ongoing plight of unprofessional litigation tactics, this article showcases an avenue for those egregious situations when the court may be able to take action.

Florida law has long supported an important exception to the American Rule regarding the limited right to recover attorney’s fees only by statute or contract. The inherent authority of a trial court to assess attorney’s fees for inequitable conduct has been cited for a hundred years, including in the familiar seminal case, Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). But not every frivolous filing is conducive to §57.105 Fla. Stat., certainly when compliance with the safe-harbor provision only further delays a pressing issue.

The Florida Supreme Court recognized the inequitable conduct doctrine in Bitterman v. Bitterman, 714 So.2d 356 (Fla. 1998), where it adopted federal jurisprudence to permit an award of attorney’s fees where one party has exhibited egregious conduct or acted in bad faith. The inequitable conduct doctrine is furthered

in Moakley v. Smallwood, 826 So.2d 221 (Fla. 2002), quoting Bitterman to clarify the inherent authority of the court to issue an assessment of attorney’s fees against an offending attorney for bad faith conduct. Moakley states the balance must be struck between condemning as unprofessional or unethical litigation tactics undertaken solely for bad faith purposes, while ensuring that attorneys will not be deterred from pursuing lawful claims, issues, or defenses on behalf of their clients or from their obligation as an advocate to zealously assert the clients’ interests.

The application under Moakley requires an express finding of bad faith conduct and must be supported by detailed factual findings describing the specific acts of bad faith conduct that resulted in the unnecessary incurrence of attorney’s fees. “Bad faith” remains an undefined term throughout the opinion and is criticized to be a subjective standard without boundaries that may be applied arbitrarily. Furthermore, there is concern for an appellate court determining the basis for an abuse of discretion regarding an undefined term. However, due process obligations and the right of the offending attorney to be heard is a necessary precedent to any sanction of attorney’s fees.

While attorney fee sanctions under Moakley are narrow and sparingly imposed, the basis only requires a detailed finding of fact in determining the bad faith conduct. When facing opposing counsel who ignore their duty as an officer of the court, those detailed bad faith facts typically add up quickly. The next time yet another vexatious motion is served to keep justice at bay, keep Moakley in mind.

Robert W. Borr, Esq., practices securities law with Trowbridge Sidoti LLP based in Southern California. He also practices in the areas of real estate, business, and civil litigation. He has been a member of the OCBA since 2011.

PAGE 6 www.orangecountybar.org

theBriefs November 2019 Vol. 87 No. 9

Real PropertyCommittee Empowering Your Clients with PropTech

P

roperty technology (popularly known as PropTech) is the use of digital information technology in the real property sector, and it is already fundamentally changing the way people buy, sell, develop, invest, research, and manage real estate.

PropTech is changing the landscape of the real estate industry and continuing to offer financial opportunities for investors. In a culture where time is of the esCharity J. Tonelli, Esq. sence, our clients cannot be held back by inefficient business systems. This article highlights some innovative ways to effectively use PropTech in the residential and commercial real estate sectors.

In addition to the conventional practice of real estate law, educating and empowering your clients with the use of PropTech can streamline their businesses and add value to their real estate portfolios. For example, a company like Cozy.co effectively puts rent collection on autopilot for your rental investor clientele. Your clients have the ability to create a profile for each of their rental units, adding photographs, descriptions, amenities, and specific lease terms for each unit. Once the unit’s profile has been established, Cozy creates a hyperlink that can be embedded for tenant screening and marketing purposes as further discussed below.

When a potential tenant clicks the hyperlink, they are directed to a rental application where they are required to provide vital information, ranging from size of household and income to past rental history. The information that is collected on each candidate is then used to perform a criminal and/or credit background check. Your investor client has the option of passing those background/credit check fees along to the candidate or paying them directly. Cozy will then score each candidate based on his or her rental application but, ultimately, the final decision to accept or reject the candidate is up to your client. Once a tenant is accepted, the additional power of Cozy starts to shine. Cozy will automatically debit the tenant’s checking account on the lease due date and credit your client’s account within a matter of days. When drafting your client’s lease, you can incorporate the automatic payment structure as a required term of the lease agreement. My experience with this rent collection system has shown the almost complete elimination of late payments and wasted time on collecting rent, sending late notices, and other hassles involved in rent collection.

Additionally, Cozy automatically creates a rent roll for each unit, simplifying end-of-the-year accounting.

Another ever-growing PropTech company to further look into is Zillow. Zillow is the 800-pound gorilla in the room. It’s been around since 2005 and was the first company to offer a free home value estimate for consumers. Zillow is constantly working on improving its “zestimate,” the term they use for their version of a desktop appraisal. In fact, as recently as this year Zillow has implemented a new algorithm that analyzes pixels in photographs theBriefs November 2019 Vol. 87 No. 9

to more accurately estimate the value of a home. Zillow acquires these pictures from many sources, including for-sale listings, owner uploaded photos, Google Maps, and others. The algorithm is so advanced that it can analyze a picture and, based on the pixels, determine the type of countertop used in a room and give credit to the home’s value where applicable. On the other hand, the dead shrub in front of a home may get dinged by the algorithm, negatively impacting the home’s value.

In addition to home value estimates, Zillow acquired a company called Postlets in 2011. Postlets was a powerhouse that offered free online marketing of rental properties. With its acquisition, Zillow has taken the ball in this area and run with it. Now your investors can create one profile per unit on Zillow and have it simultaneously broadcast to Zillow, Trulia, and HotPads – all with the click of a mouse. This level of marketing exposure would be next to impossible without the use of PropTech.

Savvy investors can embed their Cozy rental application hyperlink into their Zillow rental advertisement and effectively streamline the marketing of their units, the qualifying and screening of potential tenants, and the automation of rent collection in a matter of a few clicks. PropTech can save your clients time and money by reducing or eliminating staff and payroll that would typically be associated with these roles. The technology is constantly improving.

Advances in technology are at our fingertips and now literally in our own backyard. Notably, Central Florida was selected as a proving ground for a collaborated project with another giant PropTech company, Airbnb. Airbnb acts as a middleman broker and offers an online platform where homeowners have the ability to rent their properties on a short-term basis.

In the first of its kind, Airbnb has collaborated with Miami-based developer Niido (Newgard Development Group) to offer a hybrid apartment/hotel business model. The project, named Niido Powered by Airbnb, offers an Airbnb-friendly apartment complex where residents have the option of renting their apartments for up to 180 days per year with access to a range of tools specific to the homesharing model. The first project opened in Kissimmee last March, and property features include keyless entry and common spaces that make them optimal for home sharing. Additionally, Niido offers a specific app that is integrated with Airbnb and supports checking in and assisting guests 24/7. The project’s goal is to “add significant value to all parties, including tenants who can earn extra money sharing their apartments, and guests who will have access to unique listings that come with a set of amenities and conveniences specifically designed for travelers.”1 The project has since opened a prop-

In addition to advising our real estate clients on the law, we have the ability to educate them on new opportunities with technology to streamline their businesses.

www.orangecountybar.org

continued page 16

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Clerk’sCorner

E

ven with all of today’s “smart” gadgets, time – or rather enough of it – still seems to be in short supply. Because we know your time is valuable, we are leveraging technology to save you more time.

Online Payments Don’t wait in line in our offices.

You can make payments right online. In addition to traffic tickets, Tiffany Moore Russell, Esq. individuals can now pay criminal Orange County Clerk of Courts fines and fees quickly and easily through our online payment portal. In addition, customers with multiple cases can get a total balance due in one easy location on our website. Anyone who needs payment options can always visit any Clerk of Courts location Monday through Friday during business hours to request a payment plan contract. You don’t have to wait for a special event to get some help.

Juror Payments We are now using a convenient payment card system to compensate jurors who are not paid by their employer. Jurors now receive a debit MasterCard they can use anywhere debit cards like this are accepted. The new payment cards save time as jurors no longer wait to get a check in the mail. At the end of their service, the card, which is much like a gift card, can be uploaded quickly and easily with the funds they have earned.

Court Hearings Instead of taking time to call for information, upcoming court hearings can be found right on our website as well. Look for “Court Dates” on the top navigation bar. From that page, you

can find an upcoming court date by entering a case number, the defendant’s name, or a party’s name. You can also search by date to see an entire listing of court hearings scheduled for a particular day, including time and location.

Online Appointments We now have an online feature that allows individuals to schedule appointments for a new passport, marriage license, and wedding ceremony. This new feature allows people to save time and plan for their day more easily. Before a couple is required to come to our office to finalize their marriage license, they can fill out the application right from our website. Our e-Marriage application saves times as well since the paperwork will be ready to go once couples appear in person to complete the application process.

Shopping Cart We also took a hint from popular ecommerce websites such as Amazon and launched a shopping cart. The Clerk’s shopping cart allows customers to purchase a packet or multiple packets of forms for civil and family matters online. Attorneys can avoid a visit to the courthouse by ordering and paying online for copies of court records and documents, both certified and non-certified, from our records division. And, as always, as an attorney, you are a party to a case. With your registration, you can get copies of court documents online twenty-four hours a day, seven days a week from our website.

... you can get copies of court documents online twenty-four hours a day, seven days a week ...

All these online advances are available right at your fingertips at www.MyOrangeClerk.Com. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

NOV 5, 2019

Immigration Topic

NOV 12, 2019

GAL Training – Understanding Lesser-Known Placement Options (Kinship Program)

DEC 3, 2019

Housing

DEC 10, 2019

GAL Training – Treating Trauma in Dependent Youth

mcarbo@legalaidocba.org merazmus@legalaidocba.org

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered).

PAGE 8

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To avoid 408 road construction, type into your GPS: 116 America St., Orlando, FL 32801

theBriefs November 2019 Vol. 87 No. 9

GuestArticle Electronic Signatures in the Court

B

ecause electronic signatures have become more common in the business community, now is a good time to review some of the legal issues that arise in the use of electronic signatures.

There are a number of statutes that give legal effect to electronic signatures in many instances, and electronic signatures have been accepted as valid by the courts.

The use of software such as DocuDavid E. Peterson, Esq. Sign and Adobe Sign (previously known as EchoSign) is becoming common. This software offers some features and related services that are not available to negotiators who are simply exchanging emails. From a legal standpoint, the most noteworthy feature is an audit trail that can be used in court to show the circumstances surrounding the execution and delivery of the documents, and to authenticate the signatures.

Attorneys often have to introduce documents in court proceedings. It is not simply a matter of handing a copy of the contract to the judge. A witness with knowledge must identify the contract and testify that the parties did in fact execute and deliver the contract. If the representatives of each party were together in a room and watched each other sign the document, it may not be difficult to provide that testimony. But if the documents were transmitted over the internet, and the only evidence is that the sending party received an email confirming the agreement, it may be more difficult – particularly if the opposing party denies sending the email confirmation. DocuSign and Adobe Sign keep a record of when the contract was emailed to the parties, when they signed the contract with their electronic signatures, and when the signed contract was returned to the sender. They also offer security features intended to confirm the identity of the signer.

This audit trail can assist the party seeking admission of the document in a court proceeding. In one case, for example, Schrock v.

Nomac Drilling, LLC, 2016 WL 1181484 (W.D. Pa. 2016), the defendant claimed that the EchoSign electronic signature on the agreement was not his. He claimed that the email transmitting the document was directed to a company email address rather than to an email address that was personal to him. However, the court agreed with the plaintiff that the signer’s identity was adequately verified by the fact that the signer entered the last four digits of the defendant’s social security number, as required by the EchoSign software, and evidence showed that the defendant was present on the worksite at the time of the e-signature. The Schrock case has no authoritative force because it is a lower court opinion and was not published, but it illustrates that some courts are willing to accept the procedures offered by e-signature software to authenticate the signatures.

However, it can also be a hindrance if the parties have been less than diligent in following the procedures required by the software. theBriefs November 2019 Vol. 87 No. 9

For example, the software inserts a code on each page of the document to ensure that the document to which the signature was affixed was the same document provided to the party for signature.

In business, however, it is not unusual for parties to sign signature pages in advance of closing and then for those pages to then be attached to a completed final version of the agreement at closing.

In the final document, the code may appear only on the signature page, which might make it difficult to authenticate the document in court.

In another unpublished lower court proceeding, Scholar Intelligent Solutions, Inc., v. New Jersey Eye Center, P.A., 2016 WL 5745112 (D.N.J. 2016), the plaintiff relied on a DocuSign signature, and the defendant denied signing. The court found that the lack of a DocuSign code on the signature page raised a significant issue that required a trial since the other pages of the contract did have such a code.

The software might also insert into the document alerts that there were irregularities in the execution or delivery of the documents.

The software, for example, might warn that one or more of the signatures could not be authenticated or are missing, or that the document has been changed in some way. In some instances, those warnings may not be entirely accurate in their description of the issue. For example, it may be that only some of the parties executed the document electronically. The signatures of those who signed in ink may be reported as missing because they were not added to the electronic version of the document. The warnings may in some instances help the parties comply with all of the procedures imposed by the software, but if the parties do not follow up on those warnings or procedures, then the final signed document may raise ambiguities that might motivate a court to require additional proof or simply deny admission of the document into evidence. Moreover, an attorney who is being asked to give a legal opinion based on such documents might balk at doing so.

Although there are some reported cases where the courts have admitted documents signed electronically and there are statutes that require them to do so in some instances, there are few reported cases in this area as of the current time and fewer still that discuss the issue. There is little doubt, however, that the expanding use of electronic signatures and software designed to facilitate electronic signatures will continue to give rise to disputes that will need to be resolved by courts. Parties who use such software should be aware that the software is very demanding in its authentication procedures. If the parties are not able to comply with those procedures, then it might be better to use a more traditional, non-electronic method of executing and delivering the documents.

David E. Peterson, Esq., Of Counsel at Lowndes Law, has a broad background in bankruptcy and creditors’ rights, as well as commercial litigation in general. He represents lenders, creditors, and lessors in sophisticated Chapter 11 reorganizations and Chapter 7 liquidations. He has been a member of the OCBA since 2002.

“Electronic Signatures in the Court” was originally published on the Lowndes Law website at https://lowndes-law.com/article-detail/post_detail/should-you-use-electronicsignatures. It is republished here with permission. All rights reserved.

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Appellate PracticeCommittee

F

The Brave New World of Discovery: Forensic Inspection of Electronic Devices

ourteen years ago, the Fourth District Court of Appeal recognized the unique privacy ramifications of orders allowing a litigant or its representative to access an opposing party’s electronic devices: Today, instead of filing cabinets filled with paper documents, computers store bytes of information in an ‘electronic filing cabinet.’ InforMargaret E. “Amie” Kozan, Esq. mation from that cabinet can be extracted, just as one would look in the filing cabinet for the correct file containing the information sought. In fact, even more information can be extracted, such as what internet sites an individual might access as well as the time spent in internet chat rooms. In civil litigation, we have never heard of a discovery request which would simply ask a party litigant to produce its business or personal filing cabinets for inspection by its adversary to see if they contain any information useful to the litigation. Requests for production ask the party to produce copies of the relevant information in those filing cabinets for the adversary.1 So, is it ever proper for a trial court to order a party to produce his electronic device for inspection rather than the information contained thereon? If so, under what circumstances?

Cases that have addressed the issue make clear that forensic examination of an opposing party’s electronic devices is rarely appropriate.2 Even when this type of examination is allowed, courts must put in place strict controls to minimize the privacy breach and the likelihood that an opposing party’s representative will see privileged and confidential information. Ordering a party to turn over an electronic device should not be the first means of obtaining the relevant information but should be a last resort.3 As a general rule, the Florida Rules of Civil Procedure allow for the discovery of information that is relevant and admissible or that is reasonably calculated to lead to admissible evidence.4 This includes electronically stored information.5 However, the Florida Constitution also guarantees Florida citizens the “right to be let alone and free from governmental intrusion into the person’s life.”6 Florida courts have recognized that orders compelling discovery constitute state action that may impinge on constitutional rights, including the constitutionally protected right of “disclosural” privacy.7 Thus, courts must balance the competing interests of the litigant’s need for the information to prove his case (which includes an assessment of the information’s probative value) against the potential privacy harm from compelled disclosure of the information.8 A search of a computer device might be approved if a requesting party proves (1) evidence of destruction of evidence or thwarting of discovery; (2) a likelihood the information exists on the devices; and (3) no less intrusive means exists of obtaining the information.9 There will likely be circumstances where an order for PAGE 10

forensic inspection would still be inappropriate, even if all these elements are met, after a court balances the competing interests at work.10 In considering the elements themselves, it is unlikely that mere failure to produce information in response to an initial discovery request, without more, would constitute a “thwarting” of discovery sufficient to satisfy the first element.11 As one federal court has observed: “Generally speaking, courts do not require a forensic analysis in the absence of consent unless there has been significant non-compliance with discovery obligations.”12 Under the principle that “[r]equiring a forensic analysis of ESI is an unusual and ‘drastic’ remedy and is therefore the ‘exception and not the rule,’” the federal court noted that courts compel a party to turn over its computers for a forensic ESI analysis “only where there is a strong showing that the party (1) intentionally destroyed evidence, or (2) intentionally thwarted discovery.”13 The court noted that this rule is similar to Florida’s.14 Even where such a showing has been made, because of the likelihood that privileged and confidential information may be accessed, such inspection should be allowed only “in limited and strictly controlled circumstances.”15 The second element that Florida courts consider in determining whether inspection of electronic devices may be warranted – a likelihood that information exists on the devices – requires more than mere argument or supposition of counsel.16 As one court noted in affirming a trial court order allowing inspection of a party’s cell phone, “the context” of the discovery request “is quite important.”17 The parties seeking inspection in that case supported their motion with specific evidence such as cell phone records and witness observations.18 Finally, the third element requires that before a court allows access to the device itself, it should, at the very least, first order the device owner to search the computer himself and produce relevant material contained therein. Where a party has not first sought to obtain the information contained on a device through requests for production and motions to compel before seeking access to the device itself, reviewing courts will most likely determine that access to the device is not the least intrusive means of obtaining the information sought and is thus improper.

Also, where other discovery methods have not been exhausted, such as deposition questions inquiring as to information on a computer, or where the information can be obtained from other sources, counsel defending such motions should argue that inspection of the device is not the least intrusive means of obtaining the information sought.

With this overview of the law on discovery of electronic devices, consider the following.

Practice Tips • Before seeking electronic inspection of a device, request the actual documents or information that may be contained on the device. If the opposing party refuses to disclose those, seek an order compelling their production. Once a court order is in

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place and an opposing party still refuses to comply, there is a stronger argument that discovery has been “thwarted” and that inspection of the devices may be warranted.

• For counsel representing parties against whom such discovery is sought, explain to clients the potential ramifications of refusing to voluntarily produce information contained on electronic devices.

Still, be proactive in utilizing the protections contained in the Florida Rules of Civil Procedure, including motions for protective order, where privileged or confidential information is sought or requests sweep too broadly. Make sure the court understands that an order requiring that privileged and confidential information be disclosed to any other person (even if not the opposing party itself) is still a privacy infringement and thus is only warranted in extreme cases.19

any copies of hard drives must be immediately destroyed after inspection; (4) tailoring the search to relevant material through keyword searching or other technologically available means; (5) providing for in camera inspections of potentially confidential or privileged information prior to authorizing the release to the opposing party; and (6) other such protections as case circumstances warrant.

• Seek certiorari review if a court improperly orders that your client’s electronic devices be produced. Courts recognize that “cat-out-of-the-bag” discovery of privileged and confidential information causes the type of irreparable harm that cannot be remedied on a plenary appeal.20 • If a court does determine that circumstances warrant forensic inspection, advocate for inclusion of protections in the order that will lessen the invasion such as (1) allowing the party against whom the discovery is sought to use his or her own expert for searching the device or provide for the use of a third-party neutral (such as a courtappointed expert) rather than the paid representative of the opposing party; (2) providing that the party’s representative shall be present throughout the inspection process; (3) providing that

Margaret E. “Amie” Kozan, Esq., practices appellate litigation and provides strategic trial support services to litigators. She was the chair of the OCBA’s Appellate Practice Committee from 2015 to 2016. She has been a member of the OCBA since 2010.

Menke v. Broward Cty. Sch. Bd., 916 So.2d 8, 10 (Fla. 4th DCA 2005).

2 See id.; Holland v. Barfield, 35 So.3d 953, 955 (Fla. 5th DCA 2010).

3 Menke, 916 So.2d at 11-12. continued page 16 1

Nominations Now Open for Leadership Positions TM

The following elected leadership positions are open for nominations:

OCBA Executive Council (One-year term for each position: June 1, 2020, through May 31, 2021.)

• Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2020, through May 31, 2023.)

• Three (3) Executive Council Seats Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2020, through May 31, 2022.)

• Two (2) Trustee Seats Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2020, through May 31, 2022.)

• Five (5) Board Member Seats Important Deadlines Nomination Period: Open now through Wednesday, January 15, 2020 Election Period: Late February / Early March 2020 Board Appointments / Officer Installations: May 2020

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Nominating Guidelines

1. Blank nomination forms are available on the OCBA website, under the About Us/Nominations-Elections section.

2. Completed nomination form(s) must be sent via email to Jenny Brown, Executive Director, jennyb@ocbanet.org 3. Each nomination form must be signed by no less than five (5) OCBA members in good standing.

4. For YLS nominations, the forms must be signed by no less than five (5) OCBA members in good standing, who are also YLS members.

5. Any nomination for the offices of Vice President/ President-Elect, Treasurer, or Secretary of the OCBA Executive Council shall only be accepted if the nominee has already served on the OCBA Executive Council at least one (1) year.

6. To make sure you receive your election ballot, log in to your member account on the OCBA website to check that your email address is correct, no later than December 31, 2019.

7. If you need to update your email address and do not know your username, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-4224551, Ext. 245, for assistance. If you need to reset your password, please follow the password reset instructions.

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Business LawCommittee

C Lindy K. Keown, Esq.

As we look to the future, Central Florida litigators and businesses should remain vigilant in advocating for the judicial resources our community desperately needs in order to avoid the pitfalls of overloaded dockets...

Back in Business: The Business Court Division Reopens in the Ninth Judicial Circuit

entral Florida business litigators have reason to celebrate this fall with the reopening of the Ninth Judicial Circuit’s business court division.

Due to lack of judicial resources and demanding dockets, the business court was previously dissolved in 2018 – much to the dismay of litigators and businesses alike.

Thanks to the continued efforts of former Ninth Judicial Circuit Chief Judge Frederick Lauten, current Chief Judge Donald Myers, Jr., Senator David Simmons, and the Central Florida community, the Florida legislature agreed to add one more circuit judge to the Ninth Judicial Circuit during this past legislative session. With this addition, resources were freed up to reopen the business court division.

Then and Now – Key Changes within the Business Court With the reopening of the business court, there are a few key changes litigators should look out for.

First and foremost, there is a new judge at the helm. Judge Dan Traver was assigned to serve as the business court judge by Chief Judge Donald Myers, Jr. Judge Traver was appointed to the bench in 2014. Prior to his appointment to the bench, Judge Traver clerked for Judge G. Kendall Sharp in the Middle District of Florida and spent nearly a decade practicing complex commercial litigation in both state and federal court.

The second big change coming to the business court is locationrelated. The Orange County courthouse in downtown Orlando, where the business court was previously located, is at capacity until additional floors are built out (construction that will likely run through 2022). Until then, the business court division will operate out of the Thomas S. Kirk Juvenile Justice Center, at 2000 East Michigan Street, Orlando, Florida.

On the Docket – What Cases Will the Business Court Hear?

As the division begins to operate, current cases that fit within the business court’s jurisdiction have been identified by the judges who now preside over them and will be reassigned to Judge Traver.

The business court is designed to hear the following jury, nonjury, injunction, and class action cases that involve amounts in controversy of $500,000 or more: PAGE 12

• U.C.C.-related transactions; • Purchases and sales of businesses or business assets, including contract disputes and business torts; • Actions related to the sale of goods or services by or to business enterprises; • Actions related to non-consumer bank or brokerage accounts, including loan, deposit, cash management, and investment accounts; • Purchase or sale of commercial real or personal property, or security interests therein; • Surety bonds; • Franchisee/franchisor relationships and liabilities; • Malpractice claims of non-medical professionals in connection with rendering services to a business enterprise; • Insurance coverage disputes, bad faith suits, and third-party indemnity actions against insurers arising under policies issued to businesses; and • Other complex disputes of a commercial nature, including commercial foreclosure and landlord/tenant disputes with complicated factual or legal issues.

Additionally, the court may hear the following types of cases regardless of the amount in controversy: • Actions related to the internal affairs or governance, dissolution, or liquidation rights and obligations between or among owners, or liability or indemnity of managers of corporations, partnerships, limited partnerships, limited liability companies, or other business enterprises; • Actions relating to trade secrets and non-compete agreements; • Intellectual property claims; • Actions relating to securities or relating to or arising under the state securities laws or antitrust statutes; • Shareholder-derivative actions and class actions involving claims that are subject to business court; and • Actions relating to corporate trust affairs or director and officer liability.

Looking to the Future – Continued Focus on Judicial Resources is Key Once the newly established business court is in full swing, it is expected that Judge Traver will manage up to 300 complex commercial cases.

As we look to the future, Central Florida litigators and businesses should remain vigilant in advocating for the judicial resources our community desperately needs in order to avoid the pitfalls of overloaded dockets – namely, lack of hearing time and lack of timely resolution for our clients. We must continue to speak with our representatives about the ever-increasing needs for judicial funding in our community in order to continue to enjoy the benefits of our newly reestablished business court.

Lindy K. Keown, Esq., is an associate attorney at Rumberger, Kirk & Caldwell P.A. She can be reached at lkeown@rumberger.com. She has been a member of the OCBA since 2015.

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TechnologyCommittee The Business of Law in a Digital Age

B

eing an attorney today is an around-the-clock job. Advanced technology makes practicing law almost anywhere not just a possibility but an expectation. For long-time practitioners, technology was not a major consideration when deciding to go to law school, which was long before the era of smart phones, tablets, and laptops. However, regardless of when you went to law school, attorneys are seemMarissa E. Treviño, Esq. ingly expected to learn and keep up with new technologies used in the practice of law. This begs the question – what are you supposed to do when you went to school to be a lawyer and not a law firm’s network administrator?

The first thing to understand is that you do not have to know everything, but you do have to acknowledge that the practice of law is becoming increasingly tech dependent. Some level of digital literacy is not only pragmatic but also is required by The Florida Bar. Second, a basic level of tech savvy as it relates to law practice can save a tremendous amount of time and headache.

A good place to start is with network security. Network security is critical for many reasons, but, first and foremost, a secure network enables you to effectively represent your clients. In the last few years, cyberattacks have become increasingly frequent. Large companies around the country are facing monthly, sometimes even weekly, network hacks. In March 2018, a cyberattack on the city of Atlanta effectively shut down the city’s municipal court. These stories are both scary and dangerous, and attorneys must not become complacent in thinking that a cyberattack will not happen to small or mid-size law firms.

According to the most recent Florida Bar Membership Opinion Survey, the vast majority of attorneys in practice today fit within the small firm and solo practitioner category. Many small businesses incorrectly assume they will not be targeted by hackers. According to the 2018 State of Cybersecurity in Small & Medium Size Businesses report from the Ponemon Institute, small and solo firms account for more than half of the reported law firm hacking incidents in the United States today. Companies like Sony and Target, which may be required to make a large settlement payment due to the sheer size of user data maintained by the companies, have entire teams of IT staff to protect their networks, making them more difficult to hack. Smaller businesses, such as a two-person firm in Central Florida, may have less data but also are likely to have less security. From a hacker’s perspective, then, targeting many smaller law firms is easier and more likely to be successful than trying to attack one large company like Target.

What is always important to remember is that often, people are hacked, not systems. Cyberattacks happen due to a weakness within a network. Typically, malware breaches a network because an employee clicks on a link encoded with malware or a virus is theBriefs November 2019 Vol. 87 No. 9

embedded in an email that appears to be from someone familiar and important, such as a firm’s managing partner or a client’s CEO. It is also common for hackers to exploit weaknesses in software, such as the Microsoft Office suite. Patches to software are released regularly, but most consumers fail to regularly install updates as they become available. Without these updates, consumers are left vulnerable to hackers who specifically seek out networks with weakness to exploit. As stated above, there are technical actions that can be taken to secure your network, but the social engineering aspect of network security should always come first.

Beyond educating yourself and your staff, what else should you do to protect your network? Diversifying your security by adding layers of protection is another important step. It is important to make sure that you not only take the necessary steps to secure your local network with proper encryption, and anti-virus and antimalware software, but also that you have all of your data backed up off-site. Something as simple as an external hard drive stored in a separate location for safekeeping may be all you need as an initial step to protect your information from hacking, as well as from physical damage, such as flooding.

Another great step is utilizing cloud services. Cloud services of all kinds are now available in very small and à la carte-style packages, which translate to greater affordability. Using Software as a Service (“SaaS”) programs allows you to access your information from any location and places a security burden on the company providing the service. Not only do those companies make security a cornerstone of their business, but they are also insured against losses.

Many attorneys already use programs such as Office 365 and Google Docs. Other industry and business-specific programs, including Amicus Attorney, My Case, or any of the Clio products, allow for a similar ease of use, convenience, and security. As a practical matter, cloud services offer utility and security for a relatively low price. For those ready to take the plunge into cloud exclusivity, everything you need to run your firm can be hosted in the cloud, allowing your business to remove physical servers and save money on IT departments.

The key is to think about diversity by adding cloud services, rather than by changing how you do business. If you have an entirely local network with robust security, there is no need to undo all of the hard work that got you where you are today. Having the redundancy of a cloud backup, however, makes a lot of sense. In the event that something happens to your local network, even an event such as a hurricane, a cloud backup allows you to pick up right where you left off without missing a beat.

Having robust network security with local/off-site and cloud

... small and solo firms account for more than half of the reported law firm hacking incidents in the United States today.

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PAGE 13

Legal Aid SocietyWhat We Do...

A Call to Alms

A

t the Legal Aid Society of the Orange County Bar Association, Inc., we routinely serve some of our community’s most vulnerable individuals.

Whether it is a child in the dependency system who has been severely abused, an elderly widow facing the loss of her home, a domestic violence victim struggling to escape an abuser, or a homeless person fighting to maintain some shred of dignity – Legal Aid is Jamos "Jay" Mobley, Esq. called upon to serve. We try our best to assist as many clients as possible each month. We face each day knowing that we must turn away more people than we assist simply because the need is far greater than our office alone can meet. It’s not easy being a non-profit with limited means. But, it’s not all gloom and doom. In fact, I would like to share with you what it is like to be an attorney at the Legal Aid Society, and what it is like to change a life.

Just recently, I assisted a single mother who is a survivor of domestic violence. She had been mentally, physically, and financially abused by her soon-to-be ex-husband. He had forced her to take out loans and credit cards in her name to pay for a new car only he got to drive, his nice clothes, and spending money, while leaving household bills unpaid. When the violence became too much to handle, she finally broke away and sought assistance at a local shelter, which referred her to Legal Aid. While she began to heal the physical and mental wounds, I went to work assisting her in separating her finances from the abuser’s and minimizing the damage as best I could. In the end, the amount of debt he had forced her to take on was excessive, and she will likely need to file for bankruptcy. At least that will be her decision to make, no one else’s. Even though it will take years for her to recover from the financial damage, she told me that restoring her ability to make choices for herself was a huge victory. She felt empowered. It was something she needed to truly recover. I felt good for doing my part to ease another human being’s suffering in some small way.

I also helped an elderly veteran and his wife obtain a simple will.

They had very little – just a car and house. But they were adamant that a particular granddaughter get both when they passed away. She was, after all, the only member of the family who had helped them in their senior years. The granddaughter lived almost an hour away but drove to their home at least once a week to help them with housework and errands. She was, as they told me, the only reason they were able to stay in their home and not be put into a facility. They were overjoyed when Legal Aid agreed to draft the simple will for them. They said it gave them peace of mind. I was proud that I had helped a fellow veteran and his wife put their final affairs in order.

Another client had a housing crisis. The house she and her two kids were living in had quite a few problems. She had been asking the landlord to make repairs and the landlord refused. The worst PAGE 14

part was that code enforcement knocked on her door and told her they were condemning the home as uninhabitable. She had to leave immediately. She found her way to a homeless shelter, where she met with one of Legal Aid’s Homeless Advocacy Project pro bono attorneys. She made enough to pay rent at a new place, but coming up with a deposit and first month’s rent was difficult on her income, especially since she had just paid the rent at the old place before being forced out the door. While we could not make the landlord repair the home, Legal Aid did help her get her security deposit and a month’s rent back. She was shocked that we got her money back. She was also incredibly thankful she would have the money to get a new home and get her kids out of the shelter.

I smiled and told her I was glad we could help.

I usually take on about 70 new cases each month. The complexity of the cases can range from simple advice to fully litigated cases.

The area of law varies widely as well. But they all have a couple things in common. Legal Aid’s clients cannot afford to hire a private attorney – they can barely provide for their basic needs or the needs of their children. Our clients live paycheck to paycheck, and whatever the legal issue is, depending on the outcome, the client often faces desperate choices about housing, food, or providing for their basic needs. The stakes are high for our clients. This is especially so for our domestic violence clients whose personal safety and the safety of their children can be at stake. And let’s not forget that a huge number of our clients are abused, neglected, or abandoned children in the dependency system.

Yes, the pressure is high for an attorney at Legal Aid, but the reward for changing a life is immeasurable. We are the stewards of justice for those who have nowhere else to turn. No matter the case or the cause, we help clients defend their right to be treated fairly. We level the playing field by championing justice and equality under the law. We provide an ear to those who need to tell the stories others will not listen to. We provide a voice for those who cannot speak for themselves. We do not just fight the fights we can win – we fight the fights that need fighting.

I hope you have enjoyed this small glimpse into what it is like to be an attorney at Legal Aid. As OCBA members, we are your Legal Aid. We are the sword and the shield you help provide to defend the widow and the orphan, the homeless and the disabled, and so many more of our neighbors who are less fortunate than ourselves. And while we will do our very best to meet the overwhelming need in our community, we need your help. We need you to take cases from our pro bono department, especially Guardian ad Litem cases where you can help a child. Volunteer for our clinics and help however you can. There truly is strength in numbers, and we need just such strength to make a difference one life at a time. So, consider my story a “Call to Alms.” And, for the sake of our less fortunate neighbors, please heed the call. The giving of alms is deeply rooted in all religions and in many cultures. In the simplest terms, it means charity for the poor. It should be given without expectation of a reward. However, trust me when I say the experience of making a difference in someone’s life, perhaps saving a child’s life, is the best reward you will ever know.

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Legal Aid SocietyTeaching Tips What is Domestic Violence?

A

ccording to Florida Statute 741.28, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. One form of domestic violence involves any attempt Tichiena Tucker, Esq. by one person in an intimate relationship to manipulate or control the other partner. Intimate partner domestic violence typically occurs for one purpose: to gain and maintain control over their partner. The abusive partner will use fear, guilt, shame, intimidation, and/or violence as a form of control.

Domestic violence can happen to anyone; both men and women can be victims. According to the National Coalition Against Domestic Violence, 40% of domestic violence victims are men.

One in four men have been physically abused (slapped, pushed, or shoved) by an intimate partner. One in seven men have been severely physically abused (hit with a fist or hard object, kicked, choked, burned, etc.) by an intimate partner at some point in their lifetime. Domestic violence can easily escalate from threats and verbal assault to physical violence. In addition, emotional abuse can be just as dangerous as physical abuse because it can diminish the victim’s sense of self-worth and lead to anxiety and depression.

How to Determine Whether Your Client is in an Abusive Relationship Your client is in an abusive relationship if their partner is: (1) hurting them physically; (2) using their children against them; (3) calling them names and hurting them emotionally; (4) harming their pets; (5) acting with extreme jealousy and possessiveness; (6) isolating them from family and friends; (7) threatening to kill them or to commit suicide; (8) controlling their money; (9) stalking them; and/or (10) demanding sex or unwanted sex practices.

Domestic violence falls into a cycle of violence: (1) abuse: the abusive partner lashes out with aggressive, belittling, or violent behavior; (2) guilt: the abusive partner makes you feel guilty after abusing you; (3) excuses: the abusive partner justifies what they have done to you; (4) normal behavior: the abusive partner will “turn on the charm,” making you believe they have changed; (5) fantasy and planning: the abusive partner begins to fantasize about repeating and begins to plan for future abuse; and (6) setup: the abusive partner creates situations where they can justify abusing you.

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Speak up!

If your client is being abused, or you know someone who is being abused, speak up! Abusive partners are particularly good at manipulating and controlling their victims. Victims of abuse may need help removing themselves or their family from an abusive relationship. This can be especially difficult if the abusive partner has isolated the victim from their family and friends. If you are advising a client to leave an abusive relationship, tell your client to keep any evidence of physical abuse (i.e., pictures of injuries or videos); keep a journal of all violent incidences; try to set money aside; and plan with their children to identify a safe place for them.

Leaving an abusive relationship may be the most difficult thing a victim will experience, but it is possible to do. If you are representing a client who wants to leave an abusive relationship, please advise your client to plan for how and where they can escape safely and quickly. Inform your client that if they do not have family or friends, they should contact the Florida Domestic Violence Hotline at 1-800-500-1119. In addition, advise your client that once they are free of an abusive relationship, they must take precautions to ensure their continued safety. Advise clients to change their locks and phone number, change their work hours and the route they take to work, alert school staff and faculty of their situation, and keep certified copies of restraining orders with them at all times.

Therapeutic Intervention The trauma of what your client has been through can stay with them long after they have left the abusive relationship. Clients will struggle with mixed emotions, frightening flashbacks, constant guilt, and a sense of imminent danger. They may feel disconnected from family and friends, or unable to trust others after escaping an abusive relationship. Recommend that your clients attend counseling sessions, one-on-one therapy, or domestic abuse survivors support groups to help them process what they have been through. Support groups can show your clients how to build new and healthy relationships.

For more information about how you can help by taking a pro bono domestic violence or family law case, contact Janis Mason at jmason@legalaidocba.org. Tichiena Tucker is available at ttucker@legalaidocba.org, or 407-841-8310, ext. 3167. If you would like a tour of the Legal Aid Society, or to find out more about development opportunities, please contact Donna Haynes, development director, at dhaynes@legalaidocba.org, or 407-5151850.

Tichiena Tucker, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2019.

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Real PropertyCommittee From the President As a follow-up to the “President’s Message” and The Briefs’ focus on technology this month, I wanted to share with you some other ways Maxar is utilizing technological advancements for societal benefit: • Using robotic technology designed to fight breast cancer • Technology for the International Space Station adapted to increase access to breast cancer screenings.

• Providing more interactive education to children in remote areas of Australia through geostationary broadband com- munication satellites.

• Supporting recovery efforts in Indonesia from space • DigitalGlobe’s satellite imagery helps Indonesian relief workers sort through the earthquake and tsunami after math.

• Monitoring climate change • High-resolution satellite data from Maxar’s WorldView constellation provides evidence on the impact of climate change.

continued from page 7

erty in Nashville and has plans for new developments in Austin and Miami. This Niido project is a great example of a developer partnering with a proven PropTech company like Airbnb to bring something new to the market.

In addition to advising our real estate clients on the law, we have the ability to educate them on new opportunities with technology to streamline their businesses. This is what sets us apart from the competitors. And with the gold rush of this multi-billiondollar PropTech industry continuing to grow as we speak, what other opportunities lay on the horizon for our clients?

Charity J. Tonelli, Esq., Tonelli Law and ThePropertyAttorneys.com, is a criminal defense attorney with a passion for real property. Her practice consists of criminal defense in state, juvenile, and federal courts, as well as real estate litigation and residential and commercial title closings. She has been a member of the OCBA since 2012.

Airbnb + Niido Partner to Support Home Sharing in Apartments, https:// press.airbnb.com/en-us/airbnb-niido-to-partner-to-support-home-sharing-inapartments/.

1

Appellate PracticeCommittee continued from page 11

See Fla. R. Civ. P. 1.280(b)(1); Fla. R. Civ. P. 1.350.

See Fla. R. Civ. P. 1.280(b)(3); see also Fla. R. Civ. P. 1.280(d) addressing limitations on the discovery of electronically stored information due to undue burden or expense.

6 Art. I, § 23, Fla. Const.

7 See, e.g., S. Fla. Blood Serv., Inc. v. Rasmussen, 467 So.2d 798, 803 (Fla. 3d DCA 1985, aff’d, 500 So.2d 533 (Fla. 1987)); Nucci v. Target Corp., 162 So.3d 146 (Fla. 4th DCA 2015) (noting that the right to privacy in the Florida Constitution “ensures that individuals are able ‘to determine for themselves when, how and to what extent information about them is communicated to others’”) (quoting Shaktman v.

State, 553 So.2d 148, 150 (Fla. 1989)).

8 Rasmussen v. S. Fla. Blood Serv., Inc., 500 So.2d 533, 535 (Fla. 1987).

9 See Holland, 35 So.3d at 955 (citing Menke, 916 So.2d at 12)).

10 E.g., Rasmussen, 500 So.2d at 535.

11 See Holland, 35 So.3d at 955 (concluding that there was no evidence of discovery thwarting).

12 Procaps S.A. v. Patheon, Inc., No. 12-24356, 2014 WL 11498061, at *3 (S.D. Fla. Dec. 30, 2014) (emphasis added).

13 Id. at *10 (emphasis added).

14 Id. 15 Menke, 916 So.2d at 12 (holding that the protections put in place by the lower court judge were insufficient to protect against disclosure of confidential and privileged information – even if disclosure was only to the opposing party’s expert – and therefore allowing access to a party’s computer by a paid representative of the opposing party caused irreparable harm; the protections deemed insufficient included prohibiting the opposing party’s expert from disclosing to the opposing party or its counsel any communications that might be deemed privileged; allowing the party against whom the discovery was sought to have his own expert present when the inspection took place; and allowing for an in camera inspection of any materials the party’s expert thought might be a privileged communication).

16 See Antico v. Sindt Trucking, Inc., 148 So.3d 163 (Fla. 1st DCA 2014); Klayman v. City Pages, 2014 U.S. Dist. LEXIS 150253 (M.D. Fla. 2014) (“mere speculation that more documents must exist is not a sufficient basis for the Court to order an invasive search of Defendant’s computers and telephone records”); Memry Corp. v.

Kentucky Oil Tech., No. C04-03843, 2007 WL 832937, at *3 (N.D. Cal. Mar. 19, 2007) (explaining “a mere desire to check that the opposition has been forthright in its discovery responses is not a good enough reason” for a court order compelling an exhaustive forensic examination) (citation and internal quotation omitted).

17 Antico, 148 So.3d at 166.

18 Id. at 166-67.

19 Menke, 916 So.2d at 11-12.

20 See, e.g., Brooks v. Brooks, 239 So.3d 758, 760 (Fla. 1st DCA 2018).

4 5

LASWhat We Do... continued from page 14

For more information about taking a pro bono case from Legal Aid, contact Bethanie Barber, deputy director and pro bono coordinator, at bbarber@legalaidocba.org, or Jay Mobley at jmobley@legalaidocba.org. For more information about becoming a Legal Aid financial donor, contact Donna Haynes, development director, at dhaynes@ legalaidocba.org, or 407-515-1850.

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

REALTOR® for Probate and Divorce Homes Momentum Real Estate

Marjorie K. Nanian, J.D., understands the practice of law.

She is a Florida REALTOR®, residing in Dade City, who practiced law in Michigan for 30 years.

Call her cell phone: (248)-231-7167 to list your client’s home. mnanian@yahoo.com

NOV. 18

General Ethics Panel Discussion There will be no Brown Bag Luncheon in December.

Look for seminars to resume in 2020!

Seating is limited. RSVPs are requested.

See Announcements on page 35 for complete info.

12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org PAGE 16 www.orangecountybar.org

theBriefs November 2019 Vol. 87 No. 9

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His tackle box has all the necessary tools to resolve conflict without resorting to litigation, or to streamline any litigation that must occur.

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PAGE 17

Hole Sponsors Becker & Poliakoff Cole, Scott & Kissane, P.A. Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP with Blue Martini Dixon Golf DSK Law Foundation for Foster Children Irvin & Irvin PLLC Legal Realtime Reporting Legal Talent, LLC OCBA Orange Legal a Veritext Company Phipps Reporting, Inc. Rimkus Consulting Group, Inc. The Nation Law Firm TransPerfect U.S. Legal Support Zimmerman Kiser Sutcliffe, P.A.

Woody Rodriguez Nick Shannin “Gavels on the Green” – Hon. Jeanette Dejuras Bigney, Hon. Amy J. Carter, Hon. Tina Caraballo, Hon. Gisela T. Laurent

Back: Sebastian Arroyo, Hon. Eric DuBois, Joe Castrofort, Hon. Donald Myers Jr. Middle: D. Simon Nicholson, Jimmy Singh, Jill Davis, Anthony F. Sos, C. Andrew Roy, Brandon Sapp, Fermin Lopez Front: Stephanie Alvarez, Stephanie Alcalde, Michael Barber

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PAGE 18 www.orangecountybar.org

Game Sponsors Longest Drive: The Shannin Law Firm, P.A. Longest Putt: Process Xpress Closest to the Pin: Hon. Bob LeBlanc & Joanie Schuler LeBlanc Closest to the Pin: Lowndes Straightest Drive: Anthem Reporting Breakfast Sponsor: McCoy Federal Credit Union Breakfast Bar Sponsor: Lynx Legal Services Bags: Jill Schwartz & Associates, P.A. Sign Donation: Professional Litigation Support

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theBriefs November 2019 Vol. 87 No. 9

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The Ritz-Carlton Golf Club Grande Lakes

Anthony F. Sos C. Andrew Roy

1st Place Winners: Alex Pearson, Bruce Harwood III, Greg Koch, Geoff Hoatson with Brittany Melendez, C. Andrew Roy, Brian C. Lawrence 2nd Place Winners (Not Pictured) Ryan Young Rod Rauch Dan Smith Andrew Katsanis

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theBriefs November 2019 Vol. 87 No. 9

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PAGE 19

Members of the Hispanic Bar Association of Central Florida

Alexis Carter Leia Leitner Hon. Eric DuBois

Christina Alvarez, Anthony F. Sos Thomas Morelli Peonca Grier Cuyler Hill

Leia Leitner, Anthony F. Sos, Luz Maria Doria, Christina Alvarez, C. Andrew Roy, Roger Johnson Photos: Flo Boehm

PAGE 20 www.orangecountybar.org

David Hemmingway, Sponsor

theBriefs November 2019 Vol. 87 No. 9

OCBA September Luncheon

Luz Maria Doria, Executive Producer, Despierta America September 19, 2019

Embassy Suites by Hilton Downtown Orlando Co-hosted by the Hispanic Bar Association of Central Florida Title Sponsor: LexisNexis

Anthony F. Sos, OCBA President, Luz Maria Doria, Christina Alvarez, HBACF President

Ronald Edwards, Jr.

Luz Maria Doria, Executive Producer, Despierta America Camila Pachon Silva Paul Shafranski Civil Rights Committee

Brice Aikens, Hon. Luis F. Calderon

theBriefs November 2019 Vol. 87 No. 9

Anthony F. Sos Jeanette Mora Andrea F. Ribeiro

Jeanette Mora, Valerie Georgelin, Andrea Ortiz, Luz Maria Doria, Christina Alvarez, Laura Gutierrez, Camila Pachon Silva, Natalie Quinonez www.orangecountybar.org

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theBriefs November 2019 Vol. 87 No. 9

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theBriefs November 2019 Vol. 87 No. 9

ParalegalPost Preparing for Trial

P

reparing for a trial is not just a process, it is a form of art. It isn’t simply taught, it also requires a creative mind, attention to detail, and a flexible attitude.

Early in my career, I had the opportunity to observe and take in the styles of two seasoned senior paralegals and how each prepared for trials. When done correctly, it can feel like you are the conductor of an orchestra, bringing all the pieces together like instruJorge Astorga, FRP ments while keeping them on beat to create a harmonious synergy.

It all begins with the trial order, also known as the scheduling order, which will dictate when the “conductor” must start preparing.

In some cases, the court will issue the scheduling order early on, which allows sufficient time to calendar all the key deadlines and dates. The deadlines from the original trial order will be tentative as dates may change as more case orders come in. This is where the conductor’s flexibility and agility will begin to be tested; after all, the show must go on, even with new dates.

Filing the pre-trial stipulation is the next important step in preparing for trial. The pre-trial stipulation is usually filed jointly by both parties, and it includes each side’s trial exhibits and witness lists.

Once it is filed, both parties can disclose and share their trial exhibits either electronically or in hard copies, which is similar to a conductor sharing his original sheet music and musical arrangement with a competing conductor. A great amount of work goes into this phase of trial prep. The paralegal must ensure that every document is complete before exhibits can be exchanged. For example, documents in another language must be translated and sent with a corresponding certificate of authenticity in order to be used in trial. Additionally, the set of trial exhibits exchanged with opposing counsel needs to have the trial exhibit sticker on the first page of each document, and each particular court has its own set of requirements.

Once trial exhibits are exchanged, the paralegal needs to dedicate time to creating a punch list of all possible items that may be needed during trial. This is the time to get creative and think outside the box at all possible scenarios. There is nothing worse than having the trial team ask for something and not having it readily available. Here is a sample list of basic materials – a conductor’s original score – needed for most trials: Trial Materials • An original set of your trial exhibits; • Four copies of trial exhibits (to be used by witness, opposing counsel, judge, and one extra copy); • One copy set of opposing counsel’s trial exhibits; • Two to three sets of binders for each witness who is part of the case, including transcripts, exhibits, errata sheets, and declarations and/or affidavits of each witness; theBriefs November 2019 Vol. 87 No. 9

• Two sets of expert witness binders, including the expert’s reliance materials; • Two binder sets of the motion for summary judgment briefing, including exhibits and caselaw; • Two binder sets of the motions in limine briefing, including exhibits and caselaw; • A trial notebook for each attorney on the case, including the key pleadings and orders in the case; • Two binder sets of the deposition designations; • Three copies of the highlighted deposition transcripts of all designations for each witness (each copy should have its own folder); • An internal trial exhibit tracker that details the exhibits admitted for trial, including which witness the exhibit is related to, the date each exhibit was introduced, and whether it was during direct or cross examination; • A cross-reference trial exhibit list that identifies all of the trial exhibits both sides have in common; • A box with multiple copies of all key pleadings and orders of the case in folders; • A box of trial supplies that includes anything from flags, sticky notes, and paperclips to staplers, highlighters, and so on; • A daily supply of water bottles for the team and for witnesses to have available when they go on the stand.

The Week Before Trial The week before trial, the paralegal should provide electronic copies of trial exhibits for both sides to the trial consulting company, if one is being used. Stay proactive and also provide them copies of all document productions, deposition transcripts and exhibits, and all videotaped depositions.

Next, visit the courtroom where the trial will take place. To do this, set up a meeting with the courtroom deputy and have your consultant attend as well. Normally, the deputy will show you the courtroom technology and provide insight into the rules of the court and how the judge prefers to run their courtroom. During the meeting with the deputy, the trial consultant should take the opportunity to test all of their equipment and confirm that it works. While at the courthouse, take pictures and draw a diagram of the courtroom layout so that when you return to your office, you can use these to create an electronic mock-up of the jury pool and the galley. The mock-up should include a box space for each juror so that your team can use this as a grid to take notes during juror deliberation.

During this week, arrange logistical needs. Work with the legal assistants to coordinate meals for the team to have during trial; this also may include coordinating meals for evening and weekend prepping sessions. Finally, coordinate transportation for the trial team to get to and from court.

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Lip Sync for Lungs Connor Kelly Michael Barber Kimberlee Martin Andrew Irvin C. Andrew Roy

Vaughn Glinton Shonta McCord

BBQ and Bingo with the Vets Annie Kwong, Heather Meglino, Linnea Eberhart, Jimmy Singh, Katie Pence, Stephanie Alcalde

YLS Gator Bus Trip PAGE 26

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theBriefs November 2019 Vol. 87 No. 9

Young Lawyers SectionNews YLS on the Move

O

fficially, the Young Lawyers’ slogan is “We Do More.” Unofficially, it has been “Drink with a Purpose.” Lately, we have been living up to both slogans.

On October 3, the Young Lawyers Section co-hosted a seminar with CFAWL titled #MeToo Part 2. The seminar featured the Honorable Alice Blackwell, Jamie Billotte Moses, and Keshara Cowans. Last year a similar seminar discussed the challenges Andrew P. Irvin, Esq. women lawyers faced and continue to face in a predominately male-dominated field. This year, the panel focused on solutions to these challenges.

The following day we hosted a happy hour at Harp & Celt following a seminar about implicit bias in jury selection. This seminar was organized by multiple committees and voluntary bar associations – the OCBA Diversity & Inclusion Committee, the OCBA Criminal Law Committee, the Central Florida Association of Criminal Defense Lawyers, and the Paul C. Perkins Bar Association. The seminar explored the science and psychology of implicit bias and provided ideas for identifying and effectively dealing with implicit bias during jury selection. Thank you, Jill Davis, for organizing the happy hour and helping with the seminar.

Our mentoring program is off to a great start! We were able to match 60 young lawyers with 60 local law students to be mentored for the rest of the school year. Through this program, law students will shadow our young lawyers to hearings, depositions, mediations, and our many social and charitable events. Thank you to Michael Piccolo and Jonathan Pickett for organizing this worthwhile endeavor!

On October 18, we held our monthly luncheon at the Citrus Club. All of our law student mentees were invited to meet their mentors and hear from our keynote speaker, Jamie Billotte Moses, who spoke on the importance of mentoring in the legal profession.

Our community service committee organized its second event of the year – a Halloween party at the Salvation Army on October 24. First, we performed the infamous Big Bad Wolf v. Curly Pig mock trial. The mock trial was followed by games, face paint-

theBriefs November 2019 Vol. 87 No. 9

ing, and lots of candy! As part of the event, we provided Halloween costumes to about 100 children. Special thanks to Rebecca Hammeroff, Madonna Snowden, and Vaughn Glinton for their hard work in putting this event together.

On October 25, our annual Pink Party was held at Park Social in Winter Park. We dressed in pink and “drank for a cause.” Through ticket sales and sponsorships, we raised funds for Libby’s Legacy Breast Cancer Foundation. Thank you, Kristen Trucco, for organizing this special event.

Outside of our sanctioned events, a team of board members competed in the American Lung Association’s Lip Sync for Lungs at SAK Comedy Lab. C. Andrew Roy, Connor Kelly, Michael Barber, and I lip synced (and danced) to N’Sync and Backstreet Boys’ songs. Then, Kimberlee Martin stole the show with her performance of Britney Spear’s “Toxic.” The Young Lawyers did not prevail in the competition, but the event was a huge success, raising almost $40,000 for the local American Lung Association.

Shout out to our very own OCBA president, Anthony F. Sos and his crew for bringing home the audience choice trophy for the second straight year!

Coming up, join us on November 19 for our annual Basket Brigade at Brass Tap. By bringing a basket full of Thanksgiving food, you will earn free drink tickets, and prizes will be awarded for the best decorated basket. On December 4, the YLS Holiday Party will be held at The Alfond Inn for the second straight year. This event is limited to YLS members. Each member can bring a guest.

It is sure to be an unforgettable evening.

Stay tuned for these upcoming YLS events: Nov. 15 – YLS Luncheon at the Citrus Club Nov. 19 – Basket Brigade at Brass Tap Dec. 4 – YLS Holiday Party at The Alfond Inn Jan. 18 – Putt-Putt Tournament Jan. 24 – YLS Luncheon at the Citrus Club And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore Andrew P. Irvin, Esq. of Irvin & Irvin PLLC pursues injury and property damage claims for people who have been involved in car crashes. He has been a member of the OCBA since 2013.

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PAGE 27

CFAWL Table for 8

Front row: Tina Leger, Allison Imber, Tiffany Ruggiero Back row: Sally McArthur, Meena Hirani, Mary Walter, Michelle Jernigan , Ava Doppelt, Nancy Weber

Ava Doppelt, Nancy Weber

FBA Orlando Chapter Award Lauren L. Millcarek

GOAABA Events

Hon. Jeanette Dejuras Bigney, Onchantho Am, Hon. Denise K. Beamer

Coffee with the Court PAGE 28

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theBriefs November 2019 Vol. 87 No. 9

Voluntary BarNews SideBar

W

ith the end of the year almost upon us, let’s take a moment to see what our voluntary bar associations have been busy doing – and what’s still to come – to round out 2019!

CFAWL

On November 7, the Central Florida Association for Women Lawyers will host its annual Judicial Reception from 5:30 p.m. to 7:30 p.m. at Casa Feliz.

Alena V. Baker, Esq. The reception will honor county and circuit court judges 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, bankruptcy judges, social security judges, and workers’ compensation judges in Central Florida.

On November 10, members will get together with members of the Central Florida Gay & Lesbian Law Association at Ember for a joint mixer. Sounds like lots of fun is in store!

And, on December 6, CFAWL will hold its annual Holiday Luncheon from 12:00 p.m. to 1:00 p.m. at the Citrus Club.

For more information about these and other exciting programs and events, please visit http://cfawl.org, where you can also renew your membership. You’ll find CFAWL news on social media under the hashtags #CFAWLprograms and #CFAWLRocks, too!

GOAABA

The Greater Orlando Asian American Bar Association has been busy these past few months!

On August 23, board members met at Aloma Bowling Center, where they had a strikingly great time bowling, singing Karaoke, and making time to plan the coming year’s calendar of events.

In September, GOAABA recognized its first Member Spotlight recipient, founding member Jessica K. Hew, whose most recent accomplishments include being selected for Best Lawyers in America 2019 in the field of real estate law and working over a ten-year period with GOAABA, NAPABA, and its Florida affiliates to repeal the Alien Land Law from the Florida Constitution in the fall of 2018.

On September 12, members had an amazing lunch meeting at Mamak Asian Street Food.

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On September 13, GOAABA members participated in two events. President Leia Leitner attended a joint YLS, CFAWL, and Tiger Bay Club of Central Florida luncheon, which featured guest speaker Jerry Buting from Netflix’s popular series, Making a Murderer. Later that evening, members attended the Asian Pacific Bar Association of South Florida’s 15th Anniversary and Installation Gala in Miami. The APBA welcomed and recognized the Honorable Jeanette Dejuras Bigney and the Honorable Denise K. Beamer as trailblazing judges whose careers have had a statewide impact on diversity.

Also in September, board member Avita Samaroo initiated a relief campaign for the Bahamas by partnering with friends, family, business colleagues, and the FBA’s Orlando Chapter to assist with collection efforts throughout Central Florida to help those affected by Hurricane Dorian. The Samaroo Law Firm, P.A., worked with native Bahamian, Lauren Knowles, as well as the Orlando Executive Airport to transport the items via private planes as well as private vessels to the Bahamas. As a result of these efforts, Samaroo Law collected 5,000 items to send to the people of Freeport.

As for upcoming events, stay tuned for GOAABA’s luncheon later this month, which will be held on November 14 at Shari Sushi, and don’t forget to save the date for the first Coffee with the Court of the year to be held on January 17, 2020, from 7:45 a.m. to 8:45 a.m. in the Jury Assembly Room at the Orange County Courthouse.

FBA

On September 7, the Federal Bar Association Orlando Chapter’s then-president, Lauren Millcarek, accepted the Presidential Excellence Award from the National Federal Bar Association on behalf of the Orlando Chapter. Only a handful of the more than 100 chapters across the country received this distinction. Needless to say, the Orlando Chapter is very excited and proud that the Federal Bar Association recognized all the hard work local members have done this year.

Recently, the FBA’s Community Outreach coordinator, Kristin Dill, organized a presentation by the Honorable Paul G. Byron of the United States District Court for the Middle District of Florida for students of Howard Middle School in preparation for Constitution Day. The students were thrilled with the presentation and learned so much about the importance of the U.S. Constitution.

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

www.orangecountybar.org

PAGE 29

PhotoOp Ask a Lawyer

Thank you to the following Lawyer Referral & Information Service attorneys for participating in the Ask a Lawyer program at the Chickasaw Library on September 26, 2019. The attorneys answered family law questions from the attendees. Our Ask a Lawyer events are broadcast live on the OCBA Facebook page. Pictured are: Kristopher Kest, Gary Israel, Camy Schwam-Wilcox, and Zeffery Mims.

ParalegalPost

continued from page 25

The Weekend Before Trial The weekend before trial, the team will normally be in the office prepping. Use the time wisely as it is the last opportunity to ensure everything is in order and all needed supplies and items are ready to go. Start packaging all materials, review the trial prep list, and confirm all items on the list are ready. Once all items are reviewed and packed, arrange for a courier service to transport the boxes, demonstratives, and tripods to the courtroom.

At Trial The first morning of trial, find accommodations for all your team’s boxes; some courthouses have breakout rooms that can be used to store the boxes. Take this opportunity to meet the court reporter and set up your team’s daily trial transcript needs according to priority. The paralegal will oversee and manage the trial exhibit boxes and witness boxes. During trial, monitor the courtroom for news reporters, especially if the case is of a sensitive nature or topic. All in all, be prepared for anything. There’s a different beat to every trial, just like every symphony. Some are more dramatic and stressful than others. Keep an open mind, remain flexible to sudden changes, and most of all, enjoy the harmony of the symphony you just helped to conduct!

Jorge Astorga, FRP, is a senior litigation paralegal with Greenberg Traurig, LLP, in Miami, Florida.

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theBriefs November 2019 Vol. 87 No. 9

OCBA Annual Trivia Contest September 10, 2019 Ace Café

Sponsors: Milestone Reporting, Thomson Reuters/Westlaw, Orange Legal a Veritext Company, U.S. Legal Support

Awards: 1st Place Team: The Mindflayers 2nd Place Team: And In First Place…

3rd Place Team: Friendliest Bearers of Bad News Best Team Name: Remember The Alimony Best Dressed: 57.105 – Frivolous Lawsuits Social Committee Chairs: Jennifer Morando and Jennifer Smith Thomas MC: Nick Seidule 1

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2

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PAGE 31

TechnologyCommittee continued from page 13

backup also creates multiple layers of security to help make your business an undesirable target to hackers. As stated above, hackers exploit known weaknesses. Even if you are not perfect, the fewer weaknesses that are readily apparent, the less likely you are to be the victim of hacking.

But what about when you are not in the office or using a laptop? The use of smart phones allows access to another computer and thus requires all of the same security considerations as a desktop computer in the office. This is reflected in a recent study

by Gartner, Inc., which showed that 65% of all emails originate from phones and, that in 2018, there was a 10% decline in emails with a matching 10% rise in text messages. With this kind of accessibility, it is tempting to hop on the nearest free Wi-Fi and start working when you have 15 minutes to spare, but it is best to avoid that temptation without first taking other precautions.

Free Wi-Fi exists almost everywhere, from the local coffee shop to the library. But free Wi-Fi generally does not have any encryption and can be monitored by anyone, exposing your data to the public and malware. It is important to make sure that your devices are not set to automatically connect to available Wi-Fi networks and to use your phone’s own data plan in public spaces.

Many organizations require that you use a Virtual Private Network (“VPN”) when using a laptop off-site and away from the company’s secure network. That same VPN can generally be applied to your mobile device to protect your sensitive information when you are working on that smaller platform.

When using a VPN on a mobile device or a laptop, your specific electronic information is hidden from the public. Your connection is routed through a server and your online actions are hidden. This means you can connect to the free Wi-Fi at Starbucks and your VPN, while keeping your information secure and protected from the people around you.

What about the information that you share with others while using free Wi-Fi with your VPN? If you are sending emails, there is likely some content attached to the email, sensitive information contained

within the email, or both. Are you taking proper steps to make sure that the information you are sharing is secured?

As those with experience in eDiscovery are surely aware, a document is not simply the information on its face. Documents can contain a tremendous amount of metadata. Metadata is the information about the document itself, such as its author, creation date, working time, last party to edit, comments, and revisions. If we are not careful about our documents and how they are managed, we can unintentionally send a tremendous amount of information to an email recipient.

A simple solution to protect data within your documents is to strip documents of their metadata before sending them to another party. A quick Google search can explain how to walk through the “Prepare for Sharing” section of a Word document. With a few simple clicks, you can clean a document and be confident that you are not only protecting your client’s privacy but are also protecting your firm or organization from inadvertently sharing more than you intended.

With news of data breaches from big companies, such as Google and Facebook, additional legal protections are being considered and enacted to protect consumers from inadvertent data sharing. You may have seen new pop-ups on your favorite websites requiring you check a box acknowledging acceptance of their new terms and conditions, policies, etc. That is likely a result of the recently implemented General Data Protection Regulation (“GDPR”).

The use of smart phones allows access to another computer and thus requires all of the same security considerations as a desktop computer in the office.

PAGE 32

www.orangecountybar.org

The GDPR is a European Union- (“EU”) created regulation that applies to organizations located outside of the EU if they offer goods or services to, or monitor the behavior of, EU data subjects. Services that may now be regulated by the GDPR include Google’s “street view” feature. The information collected by organizations is specifically regulated and subject to many layers of protection, the most basic of which are the disclosure that the data is being collected in the first place, that it is being collected for a lawful purpose, that it will not be made publicly available without explicit informed consent, and disclosure of the length of time it will be retained. In 2018, California passed a similar law that goes into effect in January 2020. It will undoubtedly add even more protection for users located in the United States, resulting in more requirements for those who host or collect users’ data.

The key is to remember that the world of tech is evolving quickly, outpacing the rules and regulations that govern it. A small amount of self-education and preparation will put you in the best position to adapt without impacting your practice or your personal behaviors in a negative way.

Using resources provided by organizations like the OCBA and The Florida Bar will go a long way in helping increase your tech literacy and protect your business and law practice.

Marissa E. Treviño, Esq., an attorney and legal technologist with Zeno Office Solutions, Inc., works with a variety of businesses and organizations in the greater Orlando area to improve content management processes and secure proprietary information.

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PAGE 33

Ne w M e mbe rs Attorneys Jay ARJOONSINGH Kylie J. BROWN Christopher J. DeCOSTA Leonard W. JACKSON, Jr. Philip E. KEGLER Amanda M. KENNEDY Stephanie McENERY Carole Shene MITCHELL Carson O’Hara MOUSER, Jr. Kelley A. PARKS Gabrielle SANANDAJIAN Sven L. SMITH

Callie Elizabeth WAERS Kelsey N. WILLIAMS Nicole Heilman WILSON Julia Maria WISCHMEIER

Affiliates Christina L. BUFFINGTON Karen H. DECKER Massiel GUILLEN

Law Students

Osha Mytokia Majik HAMMOCK Robert Heath KERR Alexandra C. MENA Elizabeth Marie PRESSON Mary E. ROSE Lyndsey STEED

Invite your colleagues to join the OCBA today!

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

Patron Tyson SMITH

Stephanie R. ADELSON Melanie C. ALEXANDER Felicia Marie BECKER Jasmine FARLIN

407-422-4551, ext. 225 See ad on page 33 to enter special new membership contest.

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

20 or More Members

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

Winderweedle, Haines, et al.

10-19 Members

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

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

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

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

PAGE 34 www.orangecountybar.org

theBriefs November 2019 Vol. 87 No. 9

Events Nov. 6 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: Council Wooten, Esq. Register by Nov. 5 through the OCBA Store.

Nov. 14 – Back to the ’80s Networking Happy Hour. OCBA Social Committee. 5:30 p.m.-7:30 p.m. Joysticks Arcade Lounge.

69 E. Pine St., Orlando, FL 32801. Registration details to come.

Nov. 21 – 12th Annual Breakfast of Champions. Legal Aid Society of the Orange County Bar Association. 7:30 a.m.-9:00 a.m. (doors open at 7:00 a.m.). Amway Center, 400 W. Church St., Orlando, FL 32801. Free parking available in the GEICO garage, 25 W. South St., Orlando, FL 32801. Donations may be made at: www.legalaidocba.org. Sponsorships available. See details on page 4 of this issue of The Briefs.

Seminars Nov. 4 – Estate, Guardianship & Trust Committee. The E-Will Bill and Florida’s Fiduciary Access to Digital Assets Act. 12:00 p.m.1:00 p.m. OCBA Center. Speaker: Catherine P. Hanna, Esq. CLE: 1.0 general, including 1.0 technology (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Sponsor: K. Mitchell Team. Register by Nov. 1 through the OCBA Store.

Nov. 5 – LAS Lunchtime Training. Immigration Topic. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speakers: Courtney Rineer, Esq.; Ana Bernal Roberts, Esq. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Nov. 5 – Real Property Committee. 2019-2020 Legal & Legislative Update for Homeowner and Condominium Associations.

12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Shayla J. Mount, Esq. CLE: 1.0 general (approved). Free (OCBA members/gov’t/ students); $20 (nonmembers). Register by Nov. 3 through the OCBA Store.

Nov. 6 – Business Law Committee. Medical Marijuana: A HighLevel Overview of Florida Law Impacting Businesses. 12:00 p.m.1:00 p.m. OCBA Center. Speaker: Tara L. Tedrow, Esq. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Sponsor: Cyber Centaurs. Register by Nov. 4 through the OCBA Store.

Nov. 7 – Immigration Law Committee. More Money, More EB-5 Problems. 12:00 p.m.-1:00 p.m. OCBA Center. Speakers: Salvatore Picataggio, Esq.; Nayef Mubarak, Esq.; Edward Beshara, Esq.; Carlos Colombo, Esq. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Register by Nov. 5 through the OCBA Store.

Nov. 12 – LAS Lunchtime Training. GAL Training: Understanding Lesser-Known Placement Options (Kinship Program). 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speakers: Leah Dual, Esq.; J.J. Lullen.

CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba. com.

Nov. 12 – Alternative Dispute Resolution Committee. Arbitration Case Law Review 2019. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Mary Ruth Houston, Esq. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers).

Sponsor: US Legal Support. Register by Nov. 10 through the OCBA Store.

Nov. 18 – Brown Bag Luncheon with Tanya & the Bobs. General Ethics Panel Discussion. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. Speakers: Hon. Robert Egan; Hon. Bob LeBlanc; Hon. Tanya Wilson; Hon. Alice Blackwell; Hon. Dan Traver. Free. CLE: 1.0 general ethics (pending). RSVPs are requested. Contact: Cindy Brown at ctjacb1@ocnjcc.org.

Nov. 20 – Construction Law Committee. Stucco Failure: Factors That Cause Damage. 12:00 p.m.-1:30 p.m. OCBA Center. Speaker: Thomas E. Miller, P.E. CLE: 2.5 general (approved). Free (OCBA members/gov’t/students); $20 (nonmembers). Sponsor: Milestone Reporting. Register by Nov. 18 through the OCBA Store.

Nov. 21 – Intellectual Property Committee. IP Issues for the Construction Industry. 12:00 p.m.-1:00 p.m. Speaker: David W. Henry, Esq. CLE: 1.0 general (pending). Free (OCBA members/ gov’t/students); $20 (nonmembers). Sponsor: Milestone Re porting. Register by Nov. 19 through the OCBA Store.

Nov. 22 - Bankruptcy Law Committee. Early Implementation of the New Student Loan Modification Program for the United States Bankruptcy Court for the Middle District of Florida. 12:00 p.m.1:00 p.m. OCBA Center. Speakers: Robert Bailey Branson, Esq.; Tammy Branson. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Register by Nov. 20 through the OCBA Store.

Dec. 3 – LAS Lunchtime Training. Housing Issues. 12:00 p.m.1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speaker: Hannah Farber, Esq. CLE: pending.

Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Dec. 3 – Real Property Law Committee. Details to come.

Dec. 4 – Business Law Committee. You Won the Case, Can You Seek Fees? A Guide for Pleading and Proving Attorneys’ Fees. 12:00 p.m.-1:00 p.m. OCBA Center. Speakers: Hon. Kevin B. Weiss; David B. King, Esq.; Vincent Falcone III, Esq. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers).

Sponsor: Seacoast Bank. Register by Dec. 2 through the OCBA Store.

Dec. 6 – Tax Law Committee. The QBI Deduction: Does Your Business Qualify? 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Peter Schoemann, Esq. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Register by Dec. 4 through the OCBA Store.

Dec. 9 – Estate, Guardianship & Trust Committee. Case Law Update. 5:30 p.m.-6:30 p.m. J.P. Morgan Private Bank, 450 S. Orange Ave., Floor 10, Orlando, FL 32801. Speakers: Stephanie Cook, Esq.; Alexander Douglas, Esq.; Lee Anne Groover, Esq.; Amber Jade Johnson, Esq.; Christina Miner, Esq.; Joseph M. Percopo, Esq.; Cory B. Sutter, Esq.; David A. Yergey III, Esq. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Sponsor: K. Mitchell Team. Register by Dec. 6 through the OCBA Store.

Dec. 10 – LAS Lunchtime Training. GAL Training: Treating Trauma in Dependent Youth. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. Speaker: Coravious Cowart, Esq. CLE: pending. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Dec. 12 – Elder Law Committee. Details to come.

Dec. 13 – Labor & Employment Committee. Details to come.

Events & Seminars

theBriefs November 2019 Vol. 87 No. 9

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PAGE 35

CLASSIFIED ADS EMPLOYMENT SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office.

Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

Compensation Defense experience preferred. Highly motivated applicants must have outstanding negotiation skills as well as excellent client communication and writing skills. Must be in good standing with the Florida Bar. Competitive compensation and benefits. Email resume to hr@morankidd.com.

OFFICE SPACE/SALE/ FAST-PACED INSURANCE DE- RENT/LEASE/SHARE

FENSE FIRM located in Maitland, Florida is searching for a Legal Assistant. The firm handles first party property/liability coverage issues.

Insurance defense and strong litigation experience preferred.

Please send all inquiries to jmccallister@rocklawpa.com.

MORAN KIDD LYONS JOHNSON GARCIA, PA is seeking an Associate Attorney for its Orlando Workers’ Compensation Defense department. 0 - 1 year of Workers’

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

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

SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact kristy@kellyjuris.com.

DOWNTOWN WINTER PARK – 157 E. New England. Private

entrance, signage and windows.

2 large and 1 small offices available. $2,500. mo. plus tax - contact Laurie 407-694-9417. http://www. suite364.xn--com-9o0a/ OFFICE SPACE – Located on Livingston at Mills, convenient to downtown, this two-story built in 1925 is perfect for a small law firm. Approximately 2,000 SF with original wood floors, this charming building with a front porch includes space for a reception area, waiting room, conference room, kitchenette, three offices, storage and two baths. Owner leased

by Girl Scouts of Citrus $20/SF/yr negotiable. For more information contact Susie Marsh at smarsh@ citrus-gs.org or 386-262-8120.

SHARED LAW OFFICE SPACE AVAILABLE – SOUTH SEMINOLE COUNTY IN ESTABLISHED LAW FIRM. Up to 8 furnished offices in exclusive location with plenty of parking included, common recep-

tion, kitchen, and other amenities.

Contact seminole19office@yahoo. com.

OFFICE AND CONFERENCE ROOM ORLANDO – $990 / month includes electric, LexisNexis, Internet, and WiFi. Call: 407-921-1723.

FOR SALE FOR SALE - Elegant carved conference table with 8 upholstered chairs, protective glass top and extension leaf from Saxon Clark, $3500.00/Measures 8’ 4” x 4’ Photo available, contact: juliepappas@ hotmail.com.

FOR SALE – Closing office. Quality furniture available: Dyrlund executive desk, Hon file cabs, Herman Miller modular desk suites, more. Call 407-841-8181.

Book Your Next Event at the Orange County Bar Association The Orange County Bar Association (OCBA) is the perfect choice for meetings in Downtown Orlando. We offer first-class meeting facilities. Our on-site meeting coordinator is at your service, ready to assist with everything from room setup and technology support, to food and beverage orders, hotel accommodations, and dinner reservations. We also offer free on-site parking.

Grand Cypress

Magnolia

For additional information contact: Ashley Norris (Events & Seminars Manager) 407-422-4551 x.233 or ashleyn@ocbanet.org

Room

Full-day Rate

Half-day Rate

Capacity

Grand Cypress

$400

$200

Up to 100 1,600 sq. ft.

Palm

$200

$100

16 330 sq. ft.

Magnolia

$175

$80

12 220 sq. ft.

Azalea

$100

$50

12 220 sq. ft.

Gardenia

$100

$50

6 150 sq. ft.

The Orange County Bar Association // 880 N. Orange Ave. // Orlando, FL 32801 PAGE 36

www.orangecountybar.org

theBriefs November 2019 Vol. 87 No. 9

hings T t a e r G ng at i n e p p a H are

Serving TK–8th Grade

OPEN HOUSE TUESDAY, NOVEMBER 12 • 9:00 A.M. 106 E. Church Street • Orlando thechristschool.org

Please RSVP or Call for a Personalized Tour

jfleming@thechristschool.org • 407-849-1665

Our experience at TCS has been exceptional! Our daughters are thriving and gaining confidence every day.

The teachers and staff go above and beyond!

— Richard and Lindsey Carter, TCS parents

Order Your Orange County Courthouse Access Card Today New 2020 – 2021 Card

Need to renew an existing card? Download an application from our website, send it in and we will use your existing photo. No need to come by – we will mail you your new card on Nov. 1.

First time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card. www.orangecountybar.org/cac Please contact Carolyn at 407-422-4551, ext. 245, or carolync@ocbanet.org.

JANE Q. PUBLIC Attorney

Issued: 11/01/2019 Expires: 12/31/2021

N BAR ASSOCIATIO ORANGE COUNTYE ACCESS CARD COURTHOUS

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2021 $80 • Purchasing card is optional for courthouse entry • OCBA membership is not required

theBriefs November 2019 Vol. 87 No. 9

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PAGE 37

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PAGE 38

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theBriefs November 2019 Vol. 87 No. 9

EMPLOYMENT MEDIATION

theBriefs November 2019 Vol. 87 No. 9

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O C NOVEMBER B A C -aDECEMBER lendar

NOVEMBER

4

Estate, Guardianship & Trust Committee Seminar The E-Will Bill and Florida’s Fiduciary Access to Digital Assets Act 12:00 p.m. • OCBA Center

LAS Lunchtime 5 Training

Immigration Topic 12:00 p.m. • Bay Equity, Lucerne Plaza Professionalism Committee Meeting 12:00 p.m. • OCBA Center Real Property Committee Seminar 2019-2020 Legal & Legislative Update for Homeowner and Condominium Associations 12:00 p.m. • OCBA Center

Member Perks 6 Council Wooten, Esq.

8:00 a.m. • OCBA Center Elder Law Committee Meeting 12:00 p.m. • OCBA Center Business Law Committee Seminar Medical Marijuana: A High-Level Overview of Florida Law Impacting Businesses 12:00 p.m. • OCBA Center

Immigration Law 7 Committee Seminar

More Money, More EB-5 Problems 12:00 p.m. • OCBA Center

1 Training 2 LAS Lunchtime

GAL Training: Understanding Lesser- Known Placement Options (Kinship Program) 12:00 p.m. • Bay Equity, Lucerne Plaza

PAGE 40

Alternative Dispute Resolution Committee Seminar Arbitration Case Law Review 2019 12:00 p.m. • OCBA Center Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • Shuffield Lowman Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center Back to the ’80s Networking Happy Hour 5:30 p.m. • Joysticks Arcade Lounge YLS Board Meeting 5:30 p.m. • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club Brown Bag Luncheon with Tanya & the Bobs General Ethics Panel Discussion 12:00 p.m. • Orange County Courthouse, Room 23 A Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center Construction Law Committee Seminar Stucco Failure: Factors That Cause Damage 12:00 p.m. • OCBA Center

13

14

15 18

19 20

Happy Holidays!

There will be no OCBA Luncheon in November & December

Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law 12th Annual Breakfast of Champions 7:30 a.m. • Amway Center Intellectual Property Committee Seminar IP Issues for the Construction Industry 12:00 p.m. • OCBA Center Bankruptcy Law Committee Seminar Early Implementation of the New Student Loan Modification Program for the United States Bankruptcy Court for the Middle District of Florida 12:00 p.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center

21

22

26

28-29 Thanksgiving Holiday

OCBA Center Closed

DECEMBER

LAS Lunchtime 3 Training

Housing Issues 12:00 p.m. • Bay Equity, Lucerne Plaza Professionalism Committee Meeting 12:00 p.m. • OCBA Center Real Property Law Committee Seminar TBD

4

Elder Law Committee Meeting 12:00 p.m. • OCBA Center Business Law Committee Seminar You Won the Case, Can You Seek Fees? A Guide for Pleading and Proving Attorneys’ Fees 12:00 p.m. • OCBA Center

www.orangecountybar.org

Tax Law Committee 6 Seminar

The QBI Deduction: Does Your Business Qualify?

12:00 p.m. • OCBA Center

9

Estate, Guardianship & Trust Committee Seminar Case Law Update 5:30 p.m. • J.P. Morgan Private Bank LAS Lunchtime Training GAL Training: Treating Trauma in Dependent Youth 12:00 p.m. • Bay Equity, Lucerne Plaza Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Elder Law Committee Seminar TBD Social Security Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center Labor & Employment Committee Seminar TBD Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law

10

11 12

13 17

18

23-27 Winter Holiday

OCBA Center Closed

theBriefs November 2019 Vol. 87 No. 9

880 North Orange Avenue Orlando, Florida 32801

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