MIAMI-DADE MONDAY, JULY 22, 2019 CORAL GABLES OFFICIAL COURT NEWSPAPER OF SOUTH FLORIDA PROPERTY SELLS DailyBusinessReview.com VOL. 94, NO. 22 $2.00

SEE PAGE A12 DAILY BUSINESS REVIEW Broward Judge Suspended Without Review 100: Litigation Leads Growth Pay After Altercation in Attorney Counts at Florida Firms With Court Employee by Catherine Wilson of Akerman, which was on top in Florida as recently as 2017. by Zach Schlein Litigation firms — on both the plain- Cole Scott managing partner Richard tiffs and defense sides — made some Cole found it “very satisfying” that The Florida Supreme Court has is- of the biggest attorney hiring inroads growth at his firm came across the state sued an order suspending recently ap- in Florida in the past year, the Daily and promised more to come. He said the pointed Broward Circuit Judge Vegina Business Review’s annual Review 100 firm will open a Tallahassee office with ‘Gina’ T. Hawkins without pay. survey found. three attorneys in the next few weeks. A The high court’s decision follows For a second year, Cole, Scott & firm committee also is exploring moving the Investigative Panel of the Florida Kissane sits on top of the list of the across the state line for the first time. Judicial Qualification’s recommen- largest law firms in Florida by attor- “We’ve never opened an office that dation to suspend Hawkins filed ney count and is moving away from was not done by existing partners be- Thursday. As recounted in the JQC’s full-service firms near the top. The cause we want to keep the firm culture recommendation, Hawkins was filmed Miami-based litigation firm known the way it is,” Cole said. “If we were to wrapping her hands around a Broward for representing insurance companies start acquiring law firms, small or big, County Courthouse employee’s neck and large self-insureds grew by 13 per- there’s a real risk of losing that.” by a courthouse security camera June cent with the addition of 51 attorneys Cole said he doesn’t interview many 11. Hawkins was purportedly upset in 2018. job candidates but he did earlier in the with the employee because her after- Among the top 10, full-service day and conveyed what sounds like an noon docket was not ready as she’d Cole, Scott & Kissane managing partner firms Greenberg Traurig, Akerman, old-school, values-driven formula. expected. Richard Cole, whose firms leads the survey for GrayRobinson and Carlton Fields lost “We think of each other as a fam- The JQC classified the video as con- a second year, found it “very satisfying” that attorneys. For Greenberg, it was only ily,” he said. “We treat each other with fidential. growth at his firm came across the state. one, allowing the firm to squeak ahead SEE REVIEW 100, PAGE A10 Although the JQC panel noted Hawkins expressed remorse for the in- cident, investigators took issue with the Neglect? Yes. Excusable? judge’s characterization of her gesture as Miami’s Watson Island Flagstone one made in jest. The recommendation No. Florida Court described the judge’s actions as “wholly inappropriate,” “potentially criminal” Project Defeats Challenge on Appeal Reinstates Ruling Over and asked the Florida Supreme Court to suspend Hawkins pending the conclu- Defendant No-Show sion of their investigation. SEE HAWKINS, PAGE A6 by Raychel Lean

It’s not enough for a company on the PUBLIC NOTICES & THE COURTS wrong end of a lawsuit to forward the Public notices, court information and matter to a compliance officer without business leads, including foreclosures, following up, according to the Fourth bid notices and court calendars. B1 District Court of Appeal, which revived a $43,000 judgment Wednesday against Public notices from Miami-Dade, Broward -based mortgage lender and Palm Beach also available at Franklin First Financial Ltd. for doing DailyBusinessReview.com/public_notices. just that. jsp. Public notices published in newspapers Broward Circuit Judge Sandra statewide available at Perlman had vacated the judgment, FloridaPublicNotices.com. based on testimony from the company’s Should you have delivery questions, chief financial officer. But that was a call 1.877.256.2472 gross abuse of discretion, according to Daily Business Review is published daily Monday through This rendering shows the Flagstone project planned for Watson Island. The two towers are the the appellate panel, because the defen- Friday, except legal holidays, by ALM Media, LLC, 1 SE 3rd planned hotels and the retail portion, which will be a total of 221,000 square feet, is between the dant couldn’t prove what happened to Ave., Suite 1750, Miami, FL 33131, (305) 377-3721. the complaint, or whether it even made © 2018 ALM, Daily Business Review (USPS 344-300) (ISSN hotels. 1538-1749) Miami. it to the intended person. Subscription Rates: One year (253) issues - basic (individual by Lidia Dinkova property where hotels and retail are set Broward software developer Chetu and small firms) $575.88 plus tax; discounted group rates available. Single copies (M-F) - $2. to rise. sued the mortgage lender for breach Back issues when available (M-F) - $6. Periodicals postage The city and the developer of Miami’s The victory comes on the heels of a of contract and unjust enrichment paid at Miami, FL. large-scale Watson Island project won settlement between the city and devel- in March 2017, claiming it owed POSTMASTER: Send address changes to Daily oper Flagstone Island Gardens LLC over $42,300 for developing and mainte- Business Review, on appeal against a would-be competi- 1 SE 3rd Ave, Suite 1750, Miami, FL 33131 tor and three people who tried to invali- a plan that started 18 years ago. nance work. date the municipal lease for waterfront SEE FLAGSTONE, PAGE A2 SEE EXCUSABLE, PAGE A2

ATTORNEY PROFILE Leslie Kroeger Calls on a Career of Criminal and Civil Work to Advocate for Consumer Protections See Page A16 Leslie Kroeger A2 dailybusinessreview.com MONDAY, JULY 22, 2019 DAILY BUSINESS REVIEW FROM PAGE A1 pointed out that the motion to vacate & Albright represented Chetu with to the right address but didn’t present wasn’t filed until December. Paul D. Turner and Benjamin L. Reiss. any evidence to explain why nothing “This unexplained two-month delay Lampert said his client is thrilled with was done. EXCUSABLE in seeking relief precludes a finding of the ruling. “You have to timely act to protect your Franklin FIrst was served but didn’t due diligence,” the opinion said. “In these situations, there is usually rights,” Lampert said. “The court has respond, according to the per curiam Coral Springs lawyers Gary S. Rosner neglect by defendants,” Lampert said. discretion, but there is a standard that opinion. After weeks of tumbleweed, of Ritter Chusid filed the motion to va- “The question is whether or not it was must be met.” Chetu moved for a default final judgment cate, claiming that the sudden depar- excusable.” Franklin First has since gone out of and a June 22 hearing. When Franklin ture of the company’s in-house counsel To vacate the judgment, the defen- business, according to its website. The First was a no-show, the trial court ruled led to “a combination of mishaps.” He is dant would have had to prove excus- company did not respond to the email in Chetu’s favor. no longer listed as counsel in the online able neglect, offer a meritorious de- address listed. The company’s CFO Doug Sanderson case filed and did not respond to a re- fense and show that it acted with due Raychel Lean reports on South Florida claimed he only learned about the judg- quest for comment by deadline. diligence in seeking relief, according litigation for the Daily Business Review. Send ment in late September and “immediate- Fort Lauderdale attorney Joey L. to the opinion. Instead, Sanderson tes- an email to [email protected], or follow her on ly” hired a lawyer, but the Fourth DCA Lampert of Perlman, Bajandas, Yevoli tified that court filings had been sent Twitter via @raychellean.

FROM PAGE A1 attorneys had no comment by sues, prompting the city to modify the because he only argued he would “con- deadline submerged land lease in 2014 and the sider” re-applying rather than commit- The foursome were represented land lease in 2016. ting to participate in another round. FLAGSTONE by Carlton Fields shareholder Richard Miami residents Francine Liebman, “Such an allegation fails to provide The Third District Court of Appeal Ovelmen, senior counsel Justin Wales and Jorge Mursuli and Daniel Suarez sued in anything more than a mere possibility, on Wednesday upheld a lower court associate Dorothy Kafka as well as by 2017, and bidder Willy Bermello joined and is insufficient to meet the special in- order finding no standing for the Dubbin & Kravetz principal Samuel Dubbin. as a plaintiff in 2018. jury requirement for standing purposes,” residents and losing bidder. Their On the other side were the city at- Bermello was principal and president Chief District Judge Kevin Emas wrote torney’s office and Eugene Stearns, of BAP Development Inc., which was for a unanimous panel. Judges Norma Maria Fehretdinov, Jason Koslowe and an equity participant in losing bidder Lindsey and Bronwyn Miller concurred. David Coulter of Stearns Weaver Miller Watson Island Partners LLC. The panel also agreed with Thomas Weissler Alhadeff & Sitterson in Miami. The foursome argued in Miami-Dade that the city code amendment didn’t ap- The island with a stunning view of Circuit Court that the amended leases ply because it was approved after the the downtown skyline and cruise ships violated the city charter and sought de- city OK’d the lease modifications. docked at the Port of Miami is envisioned claratory and injunctive relief against the “The amendment contains no lan- for a 305-room hotel with 105 timeshares; city. Flagstone backed the city in court. guage of retroactivity, nor any indication a 300-room hotel; 221,000 square feet of Circuit Judge William Thomas in a that it was intended to be applied retro- retail; and a 1,500-space parking garage March 2018 order sided with the city actively,” Emas wrote. ThanksCertified for VotingCircuit Meand A that will be up to three stories high. and Flagstone, which argued the resi- The city and Flagstone weren’t always Appellate Mediator A 50-slip megayacht marina and dents and Bermello lacked standing. on the same team. Flagstone sued the DBR Best Of Winner restaurant are already open on the Thomas shot down an argument city for suspending the development,and L.R. 16.2 Certified Dist. In The Individual Mediator Category MacArthur Causeway island linking by Liebman, Mursuli and Suarez that Thomas last year ruled in favor of Ct. Mediator (S.D. Fla.) Miami and Miami Beach. a 2016 city code change granted them Flagstone. [email protected] Patient. Persistent. Flagstone Island Gardens, led by standing. He also rejected Bermello’s The two sides agreed to a $20 million Availability:[email protected] neilflaxman.com Mehmet Bayraktar, won a 2001 solicita- special injury argument that he would settlement in May. If the case went to tri- Prepared.Availability: Patient. neilflaxman.com Persistent. tion for development of 11 acres of land consider applying for the project if the al, Flagstone could have claimed nearly ------and 13.4 acres of submerged land in city again solicited developers. $200 million in damages. Biscayne Bay. City voters approved the The appellate panel unanimous- Lidia Dinkova covers South Florida real project later that year. ly agreed with Thomas that the estate for the Daily Business Review. Contact ------The project stalled for years because code amendment doesn’t apply and her at [email protected] or 305-347-6665. Facilities:Thanks Brickell For Voting& E. Las Me OlasA Area of the Great Recession and financing is- Bermello’s special injury claim failed On Twitter @LidiaDinkova. DBR Best Of Winner In The Individual Mediator Category Prepared. Patient. Persistent. [email protected] Availability: neilflaxman.com Facilities: Brickell & E. Las Olas Area Certified Circuit and Appellate Mediator Choices SeeL.R. 16.2 Certified why Dist. Ct. (S.D. Fla.), so Mediator many attorneys and clients choose McDonald Hopkins.

mcdonaldhopkins.com Chicago | Cleveland | Columbus | Detroit | Miami | West Palm Beach DAILY BUSINESS REVIEW MONDAY, JULY 22, 2019 dailybusinessreview.com A3 FLORIDA LEGAL REVIEW Friends of Slain Law Prof Dan Markel Await Justice, Five Years On by Karen Sloan thor would be accused of not being be- “It’s hard to relive it over and over lievable,” Wasserman said. “So many of again when we see this stuff on TV and Florida State University law profes- the details are, I think, irresistible to the other media platforms,” Leib said. “On sor Dan Markel has been gone for five people who are interested in true crime.” the other hand, the hope is that it brings years—gunned down in the driveway of In an unsealed probable-cause affida- enough attention to the matter that it his Tallahassee home on July 19, 2014, vit in 2016, police said that “a desper- continues to put pressure on whoever in an apparent hit. ate desire” by Wendi Adelson’s family thinks this story just might go away and But he’s not forgotten. Far from it. to move the couple’s two children from they won’t have to deal with it.” The bizarre circumstances of Markel’s Tallahassee to Miami amid a bitter cus- It’s also strange to see Markel por- death and the swirling intrigue around who tody battle was the motive of the mur- trayed in a different light than the man is behind it have made the case a staple der. Charlie Adelson’s attorney, David he knew, Wasserman added. While his of the true-crime genre. It was the sub- Markus, on Thursday again rejected the friend occasionally mentioned his con- ject of episodes of “Dateline,” “20/20,” and notion that his client was involved. tentious divorce from Wendi Adelson, “People Magazine Investigates.” This spring, “For five years, the state (and the true- Wasserman did not understand just Markel’s death and the ongoing legal case crime world) has picked through every how hostile the legal proceedings and were chronicled in a six-part season of the piece of Charlie’s life—every phone call, custody battle had become until he saw The bizarre circumstances of Dan Markel’s podcast “Over My Dead Body,” which shot to every email message, every text, every the situation picked apart on television. death and the swirling intrigue around who is the top of iTunes’ podcast charts. relationship, every possible witness— Orin Snyder, a partner with Gibson, behind it have made the case a staple of the Much of the media and true-crime in- looking for any excuse to charge him,” Dunn & Crutcher who is representing true-crime genre. terest stems from the belief of investiga- Markus said. “But there is nothing there.” Markel’s parents, issued a statement tors that the wealthy family of Markel’s Some of Markel’s friends and colleagues July 18 noting that his friends and fam- September, following more than two ex-wife—Wendi Adelson—set the murder have mixed emotions about the intense ily are still awaiting justice five years on. years of delays. Prosecutors believe in motion. (No members of the Adelson public interest in the case. In addition to Moreover, the couple hasn’t seen their Magbanua, who once dated Charlie family have been charged in connec- the many true-crime treatments, the local two grandchildren in more than three Adelson, connected him to Garcia—one tion to Markel’s killing and their lawyers media in Tallahassee follows each twist years, it says. (The boys live in South of the two accused hitmen and the fa- deny any involvement. However, pros- on the ongoing legal proceedings against Florida with Wendi Adelson.) ther of Magbanua’s two children. Garcia ecutors believe that her brother Charlie the two accused hitmen and the woman “The Markels used to travel to is also due to stand trial in September. Adelson hired two Miami men to drive to investigators believe helped facilitate their Tallahassee to visit Dan and the boys at The second accused hitman, a high- Tallahassee and slay him. They also be- connection with Charlie Adelson. home—to visit their preschool, to attend ranking member of the Latin Kings lieve that the mother of Wendi and Charlie, The media attention is part of a delib- music programs, and to play in the park named Luis Rivera, pleaded guilty in Donna Adelson, was in on the plan.) erate strategy by Markel’s family to keep together,” Snyder’s statement reads. “Now, October of 2017 and received a seven- It’s not hard to see why the case has his case in the spotlight and put pres- as they prepare to return to Tallahassee year sentence in addition to a 12-year garnered so much attention, said Florida sure of those responsible, said Fordham for the trial of some of Dan’s alleged kill- sentence he’s currently serving for an International University law professor University law professor Ethan Leib, ers, they will be forced to re-live the night- unrelated crime. He implicated both Howard Wasserman, who was a friend of who also worked closely with Markel on mare of Dan’s murder all over again.” Garcia and Magbanua. Markel’s and co-author of PrawfsBlawg, scholarly articles and on PrawfsBlawg. Two of the people who investiga- Karen Sloan is the Legal Education the legal blog the slain professor founded. His parents—Ruth and Phil Markel— tors believe were involved in the kill- Editor and Senior Writer at ALM. Contact “It’s a juicy story, and if it weren’t real have participated in many of the televi- ing—Katherine Magbanua and Sigfredo her at [email protected]. On Twitter: @ and somebody tried to write it, the au- sion shows and other coverage. Garcia—are scheduled to face trial in KarenSloanNLJ. Palm Beach Sheriff to Investigate Epstein’s Time Outside Jail by Curt Anderson countability and transparency,” Epstein was allowed to spend most lowed to leave the office unless he was Bradshaw said. days at his office after a little more than returning to jail. A Florida sheriff launched an internal Epstein, 66, was convicted of pros- three months in the county jail, according Bradshaw said determining whether investigation Friday into wealthy financ- titution-related charges in the Florida to Palm Beach County sheriff’s records Epstein’s wealth and high-powered le- er Jeffrey Epstein’s time spent out of jail case, which involved dozens of underage released to The Associated Press. Sex of- gal team resulted in favoritism from the after he was convicted of sexually abus- teenage girls. He served a 13-month sen- fenders are not eligible for Florida’s work sheriff’s department would be a key part ing underage girls. tence, registered as a sex offender and release program, but officials say Epstein of his investigation and a question that The inquiry will focus on whether paid restitution to the victims. The deal was able to participate because he wasn’t would be taken “very seriously.” deputies assigned to monitor Epstein also included a formerly secret nonpros- a registered sex offender until after he The New York charges against Epstein violated any rules or regulations while ecution agreement that helped Epstein had already served his time. led to the resignation of President Donald he was out on work release, Palm Beach avoid more serious federal charges that Under his 2008 plea deal, Epstein Trump’s labor secretary, Alex Acosta, who County Sheriff Ric Bradshaw said in could have landed him in prison for life. had his own driver to take him to and was Miami U.S. attorney when the non- a statement. Under a 2008 plea deal, Federal prosecutors in New York have from his office, and he was allowed to be prosecution agreement was signed. Two Epstein was allowed to spend most of charged Epstein with sex trafficking in- out of jail from 8 a.m. to 8 p.m., six days victims filed a federal lawsuit asking for the his days at the office of his now-defunct volving underage victims. If convicted, a week. Deputies were assigned to the plea deal to be thrown out. The suit claims Florida Science Foundation, which he could be sentenced to up to 45 years office to monitor who his visitors were. prosecutors did not consult with victims as doled out research grants, rather than in prison. He has pleaded not guilty, but Logs show many visits from attorneys, required by law, and a federal judge earlier in the county jail. a judge denied him bail on Thursday af- paralegals and others involved in his this year agreed there was a violation. “All aspects of the matter will be ter determining he was a flight risk and legal cases. It wasn’t clear if all visitors Curt Anderson reports for the Associated fully investigated to ensure total ac- posed a danger to the community. registered, however. Epstein was not al- Press. Florida Can Require Licenses for Dietary Advice, Court Rules by Candice Choi not require licenses, while some protect have education and training that generally ing dietary advice for free, or from giving the use of titles such as “dietitian.” Others qualify them to meet any state licensing speeches or writing about nutrition. Florida can limit who gets to give di- such as Florida restrict the practice more requirements. The academy says it doesn’t The case was taken up by the Institute etary advice, a federal court ruled. broadly to licensed professionals. oppose bloggers and influencers who for Justice, a free-market group that has The ruling came in a lawsuit filed by The inconsistencies stand to cause share dietary views online, but that dieti- challenged other occupational licensing a health coach who was fined for prac- confusion about the qualifications of peo- tians have the background to advise people laws, such as for tour guides . The court ticing without a dietary license. Heather ple who offer nutrition counseling. Health with medical conditions such as diabetes. said licensing for dietary advice is differ- Del Castillo had argued Florida’s law vio- coaches generally say they can help peo- In its ruling Wednesday, the U.S. ent because clients are given individu- lated her First Amendment right to free ple achieve their goals and may get cer- District Court in Pensacola said the state alized advice, whereas tour guides give speech, noting dietary advice is ubiqui- tificates from a variety of programs. But law is intended to protect people from everyone the same information. tous online, in books and on TV. anyone can use the title, which doesn’t incompetent advice, and that the law re- The Institute for Justice said it The case underscored the varying have a consistent meaning. quires a license specifically to charge for planned to appeal. state laws on who can charge for per- By contrast, registered dietitians with individualized counseling. It said the law Candice Choi reports for the Associated sonalized dietary advice. Some states do the Academy of Nutrition and Dietetics does not prevent Del Castillo from giv- Press. A4 dailybusinessreview.com MONDAY, JULY 22, 2019 DAILY BUSINESS REVIEW FROM THE COURTS One Giant Leap for Mankind, Many Small Steps in Litigation by Jonathan Ringel brand Playtex—ended up making the In 1971, the U.S. Court of Appeals for the Apollo spacesuits. D.C. Circuit upheld a federal law criminal- Along with Silicon chips, global com- No case from the 1967 Apollo 1 fire izing desecration of the flag, ruling against munications networks and the phrase that killed three astronauts in in a ground a protester at President Richard Nixon’s “Houston, we have a problem,” lega- test appeared in the review. The New York inauguration who ripped a 3-inch-by-5- cies of the moon landings that began 50 Times reported last year that the widow inch flag. The court cited comments by years ago this week include an eclectic of the mission commander, Gus Grissom, astronaut James Irwin, who had recently range of litigation and court references received $350,000 to settle a negligence returned from the moon on Apollo 15 and to the Apollo program. suit against North American Rockwell, told Congress, “The proudest moment of The subjects involved trade secrets the primary maker of the spacecraft. my life was when I saluted our American for spacesuits, Bible readings from lu- Of the handful of Apollo cases that were flag” planted on the lunar surface. (The nar orbit, whether the moon is made decided, LexisNexis shows most were U.S. Supreme Court found flag desecra- of cheese, the right to desecrate a U.S. about trade secrets and antitrust claims, tion laws unconstitutional in 1989.) flag, theft and a continuing debate over plus a sales tax case where contrac- Legal fights over patents, railroad who owns the lunar dust the astronauts tors were building the Saturn V rocket in covenants and environmental cleanups brought back to Earth. Alabama, before both Apollo 11 and Apollo related to the Apollo program appear in No case appears to have changed 12 completed successful missions in 1969. the 1970s and 1980s, but perhaps the American jurisprudence in any cosmic But in December 1969, the U.S. District biggest legal impact of the moon land- Buzz Aldrin standing on the moon surface, fashion. But a review of dozens of court Court for the Western District of Texas ings occurred in a health insurance case Apollo 11. decisions available on LexisNexis in ruled against atheist Madalyn Murray that had nothing to do with space, NASA which the words “Apollo” and “moon” O’Hair and the Society for Separationists, or astronauts. having witnessed the Apollo landings, are used shows how much was at stake who sued NASA, claiming that the govern- At issue in Skinner v. Aetna Life & still believe the moon is made of cheese.” in the $28 billion government program ment space agency violated church-state Casualty, was a man whose insurance In recent years, courts have fielded a and how the lunar landings remain a separation. The alleged reason: Astronauts company refused to cover medical costs on host of cases concerning lunar rocks or source of fascination 50 years later. on Apollo 8 read the first verses of Genesis the grounds that he lied on an application other material turning up outside of the The first reference to the Apollo during a live broadcast while they orbited when he said he hadn’t had any departures places NASA or the U.S. government ex- program in those court cases occurred the moon on Christmas Eve in 1968. from good health in the past five years. The pected them to be. In some cases, courts in May 1963, a week after astronaut A three-judge court rejected the suit, U.S. Court of Appeals for the D.C. Circuit in have upheld convictions and sentences Gordon Cooper completed 22 orbits of writing: “Apparently, the plaintiffs are 1986 held that what the applicant believed for theft of the items, such as a man sen- the Earth in his Mercury spacecraft. On claiming that they have a right not to be “is the determining factor in judging the tenced to 90 months in prison for stealing the ground in Ohio, B.F. Goodrich Co. exposed to religion as they were during truth or falsity of his answer”—but a court a 600-pound safe containing lunar sam- sued an executive who left the com- the televising of the Apollo 8 flights. This, could find a statement false if that belief is ples from every Apollo mission that land- pany to work for International Latex however, does not amount to coercion, “clearly contradicted by the factual knowl- ed on the moon, documentation authen- Corp. to keep him from sharing trade and it is necessary to show a coercive edge on which it is based.” ticating the lunar samples, Martian me- secrets related to pressure suits need- effect to constitute an abridgment of the Courts around the country have cited teorites and other items from NASA and ed for the fledgling Apollo program. Free Exercise Clause.” the next sentence in at least 14 other the Johnson Space Center in Houston. The Ohio Court of Appeals upheld an In another section, the court wrote, “to cases: “To conclude otherwise would Jonathan Ringel is managing editor of the injunction keeping the executive from have prohibited the astronauts from mak- be to place insurance companies at the Daily Report, the ALM newspaper in Atlanta. disclosing B.F. Goodrich’s secrets, but ing these statements would have been a mercy of those capable of the most in- He can be reached at [email protected]. International Latex—under its bra violation of their own religious rights.” vincible self-deception—persons who Twitter: @jonathanringel

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Stroock & Stroock & Lavan LLP New York | Miami | Los Angeles | Washington, D.C. DAILY BUSINESS REVIEW MONDAY, JULY 22, 2019 dailybusinessreview.com A5 FROM THE COURTS Kagan Rallies Gerrymandering Foes to ‘Go For It—Because You’re Right’ by Marcia Coyle cessive that it violates the Constitution. nated and confirmed to fill Stevens’ seat Kagan, joined by the court’s three oth- when he retired in 2010 after nearly 35 U.S. Supreme Court Justice Elena er liberals, vehemently disagreed and years on the high court. Kagan, who dissented passionately pointed to how lower court judges al- Kagan said the court will begin a from the court’s refusal last month to ready were finding ways to root out ex- week of mourning Stevens’ death “but prevent partisan gerrymandering, said cessive partisanship. if it is ever appropriate to say it’s also Thursday her words were written “for “Of all times to abandon the court’s a celebration of a life, it is that, too. My all those people out there who in some duty to declare the law, this was not the gosh, 99 years old, sharp as a tack until way can carry on the efforts against this one,” Kagan wrote in her dissent. “The the day he died and he went very peace- kind of undermining of democracy.” practices challenged in these cases im- fully—we all should have a life like that.” “Go for it, because you’re right,” Kagan peril our system of government. Part of Stevens was “absolutely brilliant” in said, speaking in a conversation with the court’s role in that system is to de- the technical aspects of lawyering, she Dean William Treanor at Georgetown fend its foundations. None is more im- added. At the same time, he insisted that University Law Center. portant than free and fair elections. With “our legal institutions be fair and that DIEGO M. RADZINSCHI Kagan was responding to the dean’s respect but deep sadness, I dissent.” is what really marked him as a justice.” “I didn’t pull my punches as to the impor- question about whether Kagan ever has Chief Justice John Roberts Jr. said the She called Stevens “fiercely indepen- tance of that decision to the political system an audience in mind when she writes dissenters in the gerrymandering cases dent” who throughout his career had a and the way we govern ourselves,”Justice dissents. Her audience varies, Kagan were seeking an “unprecedented expan- strong sense of doing what he thought Elena Kagan said in remarks at Georgetown said, because there are different kinds sion of judicial power.” Roberts said the was right. At the same time, he was the University Law Center. of dissents. Sometimes she writes in dis- Supreme Court has “no commission to model of collegiality.” sent because she saw a case differently allocate political power and influence in Stevens never imposed advice on her, erything. He was the absolute antithesis from the majority, she said. But she said the absence of a constitutional directive Kagan said, but simply made himself of that.” other cases, like the gerrymander case, or legal standards to guide us in the ex- available if she needed it. Stevens’s body will lie in repose July are different. ercise of such authority.” “One of the things he said that really 22 in the high court’s Great Hall on the “I didn’t pull my punches as to the There were difficult issues in the stuck with me—he said he tried to think Lincoln Catafalque, which has been importance of that decision to the politi- case, Kagan said Thursday. “You can every term about all the things he could loaned to the court by the U.S. Congress cal system and the way we govern our- understand why the majority reached learn the next term,” Kagan recalled. for the ceremony. A 1991 portrait of selves,” Kagan said. “There, you’re not the decision it did and I’m 100% certain “Most people doing a job 35 years, think Stevens by James Ingwersen will be on writing a dissent because you saw the the majority was acting in good faith in they’ve got it down. One real aspect of display in the Great Hall. Former law thing differently. You’re writing the dis- reaching the decision it did,” she said. his greatness was he was constantly clerks to the Justice will serve as honor- sent because you want to convince the “But I want the majority to think about thinking and rethinking what he didn’t ary pallbearers. future—and the present, too.” this going forward.” know yet.” A private funeral service and in- The 5-4 majority in two partisan ger- Kagan spent part of the Georgetown She continued: “It’s a great lesson for terment is set to be held at Arlington rymander cases this past term held that conversation, co-sponsored by the everybody but especially so for judges. National Cemetery on July 23. there were no judicially manageable Washington Council of Lawyers, discuss- Everyone treats you as special and ev- Marcia Coyle, based in Washington, cov- standards for judges to determine when ing Justice John Paul Stevens, who died erything you do is important that it’s ers the U.S. Supreme Court. Contact her at partisanship in redistricting is so ex- Tuesday at age 99. Kagan was nomi- easy to convince yourself you know ev- [email protected]. On Twitter: @MarciaCoyle Fifth Circuit Affirms $43.21M Verdict for Houston-Based Apache Affiliate by Angela Morris approve of it. Apache alleged that W&T The Fifth Circuit agreed with the Fifth Circuit ruled this was the correct resisted using the two drilling rigs—it re- district court’s reasoning and ruled process. A dispute between two Gulf of Mexico fused to approve authorizations for ex- that Apache wasn’t barred in its re- In the appeal W&T also argued for the oil and gas producers over the right penditures for them—because using the covery. reinstatement of its $17 million offset to equipment and payment for plugging Helix would have been cheaper for W&T. “The question of the obligee’s bad Apache’s recovery. The Fifth Circuit re- and abandoning wells has ended in a In the end, Apache moved forward faith does not become relevant until jected all of its legal arguments and de- $43.21 million verdict for an affiliate of with plugging the wells with the Onyx there is a determination that the obli- nied the offset. Houston-based Apache Corp. and Ensco, costing $139.9 million. gee failed to perform a contractual W&T’s attorney, Stephen Kupperman, The U.S. Court of Appeals for the Fifth Apache then billed W&T its 49% share obligation that in turn caused the ob- partner in Barrasso, Usdin, Kupperman, Circuit ruling in Apache Deepwater v. W&T of $68.57 million, but W&T only paid ligor’s failure to perform,” the opinion Freeman & Sarver in New Orleans, de- Offshore Inc. gives important guidance for $24.86 million, which represented 49% explained. clined to comment. offshore oil and gas operators and non- of the cost if the Helix had been used. W&T also argued on appeal that it Angela Morris is ALM Media’s Texas litiga- operators, said a statement by Susman This spurred Apache to sue W&T for did not breach the contract, since it tion reporter. She covers lawsuits in all levels of Godfrey partner Geoffrey L. Harrison, breach of contract in December 2014. never approved of an authorization Texas state and federal courts. Based in Austin, W&T countered in a motion for summary for expense, and the contract allowed Morris earned journalism and government de- who represents Apache Deepwater. grees from the University of Texas at Austin in “Companies must comply with their judgment that the contract required W&T’s a short payment in that scenario. 2006, and since then, has worked primarily as contracts and with federal decommis- approval on an authorization for expendi- However, the judge found the con- a reporter and writer, but also has skills in vid- sioning requirements, and safety and ture, which didn’t happen. The trial court tract was ambiguous and that a jury eography, photography and podcasts. Follow sound operational judgment outweighs decided the contract was ambiguous and needed to determine its meaning; the her on Twitter at @AMorrisReports. ill-conceived cost sensitivity,” said denied summary judgment for W&T. Harrison. At trial, a jury found W&T breached The July 16 opinion explained that the contract by failing to pay its share the dispute involved plugging and aban- of the costs. Apache won a $43.21 mil- doning operations of three offshore lion verdict. Yet the jury also found that oil and gas wells in the Gulf of Mexico. Apache acted in bad faith and caused Apache Deepwater sued W&T Offshore W&T’s noncompliance with the contract Inc. seeking payment for the operation, and that the award should be offset by and a jury awarded $43.2 million to $17 million. SERIOUS INJURIES. Apache after finding that W&T breached The court’s final judgment deter- an operating agreement. mined the jury’s bad faith finding didn’t PROVEN RESULTS. The two companies disputed the preclude Apache’s breach of contract re- MEDICAL MALPRACTICE method of how to plug and abandon covery and that W&T shouldn’t get the the wells. W&T was expecting to use an offset under Louisiana law. WRONGFUL DEATH intervention vessel called the Helix for On appeal, W&T contended that a PERSONAL INJURY the job but learned in 2014 that Apache Louisiana law dictated that the jury’s bad planned to use two drilling rigs called faith finding should bar Apache’s recov- Contact us for the Ocean Onyx and Ensco instead. ery. However, the district court had ruled Co-counsel opportunities While W&T claimed that Apache was that Louisiana Supreme Court precedent just trying to save money by switching to would have required W&T to prove that WWW.HPSLEGAL.COM the Onyx and Ensco, Apache countered Apache failed to perform its end of the that using the Helix was not safe and contract, which caused W&T to breach Fort Lauderdale Orlando that government regulators would dis- the contract. That didn’t happen here. 954.523.9922 407.841.9866 A6 dailybusinessreview.com MONDAY, JULY 22, 2019 DAILY BUSINESS REVIEW

REGULATORY Acosta’s Dinner Guests Once Included Gene Scalia, Now On Deck to Lead Labor by Mike Scarcella

Back in February, U.S. Labor ©2019 ALM Properties, LLC. All rights reserved. Secretary Alex Acosta was spotted grab- No reproduction of any portion of this issue is allowed without bing a bite with Justice Samuel Alito Jr. written permission from the publisher. at the downtown Washington restau- rant Central Michel Richard. Acosta DAILY BUSINESS REVIEW — MIAMI-DADE wasn’t meeting a stranger. He clerked 1 SE Third Ave., Suite 1750, Miami, FL 33131 for Alito in the early 1990s when he was Main switchboard: 305- 377-3721 a judge on the U.S. Court of Appeals for Main Fax: 305- 374-8474 Newsroom Fax: 305- 347-6626 the Third Circuit. Display Advertising: 305- 347-6647 Washington dinners and lunches Law Firm Marketing: 305- 347-6619 are a regular source of gossip and in- Classified: 212- 457-7762 Court Information: 305- 347-6614 trigue, as appearances and connections Public Notices/Legals: 305- 347-6614 sometimes end up featured in news Public Notices/Legals Fax: 305- 347-6636 reports and raise questions about influ- ence and intentions. Cabinet secretar- DAILY BUSINESS REVIEW — BROWARD ies’ schedules can provide a peek into 633 S. Andrews Ave., Fort Lauderdale, FL 33301 Washington’s power network. Main switchboard: 954- 468-2600 Acosta’s would-be successor is a Main Fax: 954- 468-2630 prominent Washington lawyer so close- (advertising/administration) ly entwined in the regulatory pulse of Newsroom Fax: 954- 468-2628 Display Advertising: 954- 468-2611 DIEGO M. RADZINSCHI the country at the highest levels that he, Law Firm Marketing: 305- 347-6655 too, has dined with the Labor secretary, Labor Department calendars show then-Secretary Alex Acosta grabbed a bite with the Gibson Classified: 212- 457-7762 according to Acosta’s calendars. Eugene Dunn regulatory veteran who would succeed him. Public Notices/Legals: 954- 468-2600 Scalia is now preparing to take over the leadership of an agency where he had Sen. Tom Cotton, the Arkansas In California, former Gibson Dunn DAILY BUSINESS REVIEW — PALM BEACH served as the top lawyer in the George Republican who is also a Gibson Dunn partner Nicola Hanna serves as the U.S. 105 S. Narcissus Ave. Suite 308, West Palm Beach, FL 33401 W. Bush administration. alum, reportedly advocated for Scalia’s attorney in Sacramento, and former Main switchboard: 561- 820-2060 Today is Acosta’s last day in office, nomination as labor secretary. Cotton associate Scott Stewart is a deputy as- Main Fax: 561- 820-2077 Display Advertising: 305- 347-6659 a forced departure that comes amid pitched Scalia to sistant attorney general in the Justice Law Firm Marketing: 305- 347-6619 renewed criticism of the lenient plea Pat Cipollone and other administration Department’s civil division. Two for- Classified: 212- 457-7762 deal he signed off on for sex offender officials, The Washington Post reported. mer associates—Coreen Mao and Trent Public Notices/Legals: 561- 820-2060 Jeffrey Epstein more than a decade ago In a statement Friday, Cotton said he Benishek—jumped this year to the Circulation: 877- 256-2472 as Miami’s top federal prosecutor. was “confident he’ll be a champion for Trump White House counsel’s office. Acosta and Scalia, the Gibson, Dunn working Americans against red tape At the White House, they joined Chad Delivery Questions 877- 256-2472 & Crutcher regulatory co-leader and a and burdensome regulations.” Mizelle, another former associate at the To reach any of these numbers from anywhere in Florida, dial 800- 777-7300 and ask for the extension, which is the last four digits. son of the late Justice Antonin Scalia, ate Democrats assailed Trump’s intent to firm. at an undisclosed location in January. nominate Scalia. Sen. Chuck Schumer Scalia wasn’t the only household Many of Acosta’s dinners were shared of New York, the Democratic majority Washington name Acosta dined with TO PURCHASE: with pro-business leaders. The names leader, said Trump “has again chosen this year. Some of the January din- Reprints: 877- 257-3382 of some guests are not revealed. someone who has proven to put cor- ner guests included Michael Chertoff, Individual Subscriptions: 877- 256-2472 Scalia, whose nomination was an- porate interests over those of worker senior of counsel at Covington & Content Access Enterprisewide: 855- 808-4530 nounced in a Trump tweet on Thursday Back Issues: 877- 256-2472 rights.” Burling and a former secretary of ($6 per back issue) night, has long been a big name for The revolving door between Gibson Homeland Security, and Paul Atkins, household companies challenging class Dunn and the Trump administration a former SEC commissioner who claims and regulatory oversight. The hasn’t whirled as fast as it has with oth- played a lead role on the Trump tran- EDITORIAL president said, “Gene has led a life of er law firms, such as Kirkland & Ellis sition team. Editor-in-Chief, Regional Brands & Legal Themes: Hank Grezlak great success in the legal and labor field and Jones Day. Gibson Dunn lawyers, The liberal watchdog group [email protected] 215-557-2486 and is highly respected.” Scalia formerly including appellate partner Theodore American Oversight obtained more Managing Editor: Catherine Wilson [email protected] 305- 347-6611 led Gibson Dunn’s labor and employ- Boutrous Jr., have played leading roles than 1,000 pages associated with Web Editor: Thomas Phillips ment practice. in some of the most visible cases, in- Acosta’s calendars via the Freedom of [email protected] Last year, Scalia represented the in- cluding immigration suits, against the Information Act. Politico, which closely vestment bank UBS Americas Inc. in Trump administration. reviewed the calendars, concluded the challenging the power of employees to Scalia would be only one of a handful departing labor secretary more often BUSINESS form a class action to fight compensa- of Gibson Dunn attorneys to hold a lead- had met with Republicans and busi- Vice President / Public Notice Operations: Jeff Fried tion practices. Scalia was lead counsel to ership post in the Trump administration. ness advocates than with labor union [email protected] 305- 347-6615 SeaWorld in a challenge to the penalty Gibson Dunn appellate veteran Helgi leaders. National Sales Director of ALM Events/Sponsorships: Donald Chalphin that federal workplace safety regulators Walker was informally approached last Mike Scarcella is a senior editor in [email protected] 215- 557-2359 imposed after a trainer was killed by a year about succeeding Rachel Brand as Washington on ALM Media’s regulatory Senior Director of Sales - West, Marketing Solutions: Joe Pavone whale. Scalia led the Gibson Dunn team third-in-command at Main Justice, but desk. Contact him at [email protected]. [email protected] 480- 491-7306 that successfully fought the Obama-era she said she wasn’t interested in the On Twitter: @MikeScarcella. Mike works on Director of Marketing Solutions, ALM East: Carlos Curbelo Labor Department rule that would put post at the time. Theodore Olson turned a slate of newsletters: Supreme Court Brief | [email protected] 305- 347-6647 new burdens on financial advisers in down the opportunity to join Trump’s Higher Law | Compliance Hot Spots | Labor Director / Operations & MIS: Guillermo Garcia the retirement-savings industry. legal team. of Law. [email protected] 305- 347-6658

Designations: Official Court Newspaper, by the chief judges of the County and Circuit courts in Miami-Dade and Broward and the U.S. FROM PAGE A1 told the Daily Business Review he and Business Review prior to the release of District Court for the Southern District of Florida by local rule 5.2c. his client were disappointed with the Friday’s order. “After the investigation, 120 Broadway, New York, NY 10005 • 212- 457-9400 Florida Supreme Court’s decision. Judge Hawkins self-reported the matter HAWKINS “That doesn’t affect our decision to the Judicial Qualifications Committee Hawkins is relatively new to to continue to contest this, and that’s who has jurisdiction over allegations of the role, having been elevated to what we intend to do,” Bogenschutz judicial misconduct.” the bench in November by former said, adding a response to the JQC is The chief judge added, “Judge Florida Gov. Rick Scott, now a U.S. forthcoming. “The JQC and the Florida Hawkins is deeply apologetic over the senator. She filled the vacancy left Supreme Court has a tendency, thank- incident. There exists no situation in by the retirement of Broward Circuit fully, to move these cases along.” which a judge can inappropriately Judge Michael L. Gates in July 2018 Broward Circuit Chief Judge Jack touch any person.” and worked with the Broward State Tuter expressed concern over Hawkins’ Zach Schlein is a writer based in Miami. President & CEO: Bill Carter Attorney’s Office prior to her appoint- exchange with the court employee. Originally from Montville, New Jersey, he Chief Financial Officer/President of Events: Mark Fried ment. According to her Florida Bar “Last month an incident regard- holds a B.A. in political science from the Chief Content Officer: Molly Miller profile, Hawkins was admitted to the ing Judge Hawkins was brought to University of Florida and is the litigation Chief Sales Officer/Paid Content: Allan Milloy bar in October 2004. my attention and the matter was thor- reporter for Daily Business Review. He can Chief Sales Officer/Marketing Solution: Matthew Weiner Senior Vice President/General Counsel: Dana Rosen Hawkins’ legal counsel, Fort oughly investigated,” Tuter said in an be reached at his email address, zschlein@ Senior Vice President/Human Resources: Erin Dziekan Lauderdale attorney David Bogenschutz, emailed statement provided to the Daily alm.com DAILY BUSINESS REVIEW MONDAY, JULY 22, 2019 dailybusinessreview.com A7 OPINION & COMMENTARY FROM DAILY BUSINESS REVIEW EDITORS & GUESTS Alexa, Can You Be Used Against Me in Court? Commentary by Finally, the mere existence of such have built-in compliance and discovery Brian Schrader devices can create unintended conse- functionalities to help companies meet quences and associated costs to the busi- the legal standards and regulations of It hasn’t taken long for smart speak- ness, like having to include them in any their respective industries and legal ers to gain a foothold in modern culture. legal, regulatory or other compliance proceedings generally. Though the oldest standalone voice-op- process. Legally speaking, the actual Gmail underwent a similar meta- erated digital assistants have only been medium where data is stored doesn’t morphosis. When Google first intro- on the market for five years, products make a huge difference. Voice-activated duced the now-ubiquitous email ser- like Amazon’s Alexa and Google Home smart speakers may be a new and dif- vice, it was clearly consumer-focused. can now be found in hundreds of mil- ferent way of storing data, but for legal However, when Google eventually lions of households. matters, that underlying data recorded introduced its cloud-based G-Suite to Smart speakers are popular for a good by the device likely would be treated the SHUTTERSTOCK compete in the business marketplace reason. With a short voice command you same as paper documents or other kinds against Microsoft Office, it included can quickly and easily shop online, get of electronic material. ing the devices in question; they can discovery capabilities so that informa- news and weather alerts, control other During litigation or discovery, the big- create policies outlining acceptable use; tion was saved appropriately and could devices in your house, or say, learn the gest obstacle would be justifying the col- or they can ignore the problem entire- be extracted if needed. When the next entire filmography of Bill Pullman, all lection and analysis of data on a device ly. Unfortunately, many corporations wave of digital assistants comes, we’ll without booting up your computer or based on its potential relevance. Any chose the last option, at least initially, likely see enterprise-focused products pulling out your smartphone. data contained on a company-owned and it wouldn’t be surprising if many that contain those kinds of necessary The popularity of smart speakers device—even an employee’s personal did so again. features. has happened with such speed that it’s data—is usually discoverable if re- Employers who are concerned Until then, it’s going to be challenging outpaced the legal issues surrounding sponsive to valid document requests. about the use of voice-activated smart for any business that has to include such them. For businesses that own such a Information from personal devices used speakers might be best served by a device in their legal proceedings or device, or for individual employees who at a job are also often fair game too—al- clamping down on their general use, regulatory compliance programs, as the might have a personally owned one on though it would behoove an employer to at least initially. Certainly, in places devices simply haven’t been designed to their office desk, the question of who apprise employees of that policy to avoid where sensitive information is dis- meet such requirements. But that won’t owns any recorded data remains murky, surprises down the road. On the other cussed—trading floors at financial in- stop opposing parties from demanding for instance. hand, a court likely would set a fairly stitutions, for example—they should their inclusion in those processes, just It’s not our everyday conversations high bar to justify the discovery of such be prohibited outright. If you decide like with smartphones and tablets be- that really are the issue, though. The data from an employee’s home device. to allow the use of smart speakers, fore them. larger concern is the possibility that a make sure you put usage policies and Brian Schrader, Esq., is President & CEO user could accidentally trigger Alexa by A RECURRING PROBLEM expectations in writing and regularly of BIA (www.biaprotect.com), a leader in saying a word that sounds similar to a If you’re feeling a little déjà vu, remind employees what they are, as reliable, innovative and cost-effective eDis- command, which then means that en- there’s good reason. We’ve been well as what the ramifications are for covery services. With early career experi- tire interaction is recorded and becomes through all this before—five to 10 years disregarding them. ence in information management, comput- er technology and the law, Brian co-found- part of the device’s history. For instance, ago, in fact. That’s when smartphones The aforementioned Microsoft ed BIA in 2002 and has since developed the Alexa could record a crime as it happens and tablets started appearing in the Cortana aside, I do find it interesting firm’s reputation as an industry pioneer or pick up a conversation where sensitive workplace. Back then, companies had that smart speakers haven’t yet tar- and a trusted partner for corporations material like trade secrets are discussed. the same general options they do now: geted the enterprise market. Devices and law firms around the world. He can be Those aren’t just theoretical either, as They can ban their employees from us- that eventually do, though, will need to reached at [email protected]. such events have already happened. TARGETED AT CONSUMERS CARTOON BY ARTIZANS In general, devices like Alexa are in- tended for the consumer market and don’t have many features that would make them truly useful tools for busi- nesses. That said, Microsoft recently an- nounced improvements for its Cortana smart speaker that will make it the first device of its type to be targeted at busi- nesses. More will surely follow. For now, though, the devices are pri- marily targeted squarely at the consum- er marketplace, so using smart speakers in the office may not be very beneficial for most businesses. But such use could carry a certain amount of risk. First, there’s the risk of who might have access to any company data that finds its way into the smart speaker product. One need look no further than the recent news stories concerning hu- mans employed by Amazon to listen to various anonymized Alexa recordings. Simply put, you don’t really know who might listen to something Alexa re- cords—intentionally or otherwise. What’s more, user agreements for consumer products generally don’t pro- tect such captured data as would be ex- pected in enterprise products. For prod- ucts targeted at businesses, the compa- ny that owns the product nearly always has unequivocal ownership of its data. For consumer devices, there is often less clarity. While saved data is usually still the property of the consumer, the de- vice maker often stipulates that it has the right to access the data for various analysis or other purposes. A8 dailybusinessreview.com MONDAY, JULY 22, 2019 DAILY BUSINESS REVIEW

METHODOLOGY The attorney head counts come from a National Law Journal survey of the 500 largest law firms in the United States covering the previous calendar year. Data is collected from firms at the same time as the Am Law financial numbers. ALM sent surveys this year to more than 900 law firms to determine the largest U.S.-centric firms by head count. Attorney totals are based on the average number of full-time equivalent, or FTE, attorneys for Jan. 1 to Dec. 31, 2018. Attorneys counts for law firms marked with an asterisk were based on websites REVIEW checked this month.

Review 100 Chart

Rank Firm 2017 Attorneys 2018 Attorneys % Change Rank Firm 2017 Attorneys 2018 Attorneys % Change

1 Cole, Scott & Kissane 382 433 13.4% 35 White & Case 67 67 0.0%

2 Greenberg Traurig 364 363 -0.3% 37 Burr & Forman 70 61 -12.9%

3 Akerman 379 360 -5.0% 37 Hinshaw & Culbertson 73 61 -16.4%

4 Holland & Knight 297 310 4.4% 39 Tripp Scott* 46 60 30.4% 5 Morgan & Morgan 226 287 27.0% 39 Marshall, Dennehey, Warner, Coleman 54 60 11.1% 6 GrayRobinson 297 276 -7.1% & Goggin 7 Shutts & Bowen 257 270 5.1% 41 Lewis Brisbois Bisgaard & Smith 38 56 47.4%

8 Quintairos, Prieto, Wood & Boyer 221 245 10.9% 42 Baker & Hostetler 54 55 1.9%

9 Carlton Fields 212 206 -2.8% 43 Walton Lantaff Schroeder & Carson* 42 54 28.6%

10 Wicker Smith O’Hara McCoy & Ford 167 200 19.8% 44 Liebler, Gonzalez & Portuondo* 48 53 10.4% 11 Gunster 188 192 2.1% 45 Boies Schiller Flexner 58 52 -10.3% 12 Nelson Mullins Riley & 151 164 8.6% Scarborough 46 Saul Ewing Arnstein & Lehr 50 51 2.0% 13 Greenspoon Marder 151 156 3.3% 47 Buchanan Ingersoll & Rooney 58 50 -13.8% 14 Conroy Simberg 130 133 2.3% 48 Shook, Hardy & Bacon 50 49 -2.0% 15 Kubicki Draper 97 130 34.0% 48 Williams Parker Harrison Dietz & 50 49 -2.0% Getzen* 16 Foley & Lardner 122 120 -1.6% 50 Siegfried, Rivera, Hyman, Lerner, De 48 48 0.0% 17 Stearns Weaver Miller Weissler 100 115 15.0% La Torre, Mars & Sobel* Alhadeff & Sitterson 50 Hopping Green & Sams* 51 48 -5.9% 18 Kelley Kronenberg 106 109 2.8% 19 Shumaker, Loop & Kendrick 106 104 -1.9% 52 Chartwell Law Offices* 33 47 42.4% 20 Becker & Poliakoff 90 102 13.3% 52 Hamilton, Miller & Birthisel* 41 47 14.6% 21 Hill Ward Henderson 97 97 0.0% 54 Phelps Dunbar 43 46 7.0% 22 Butler Weihmuller Katz Craig 85 94 10.6% 55 Rubenstein Law 37 45 21.6%

23 Vernis & Bowling 81 90 11.1% 55 McDermott Will & Emery 41 45 9.8%

23 Bilzin Sumberg 92 90 -2.2% 57 DLA Piper 45 42 -6.7%

25 Luks Santaniello Petrillo & Jones* 82 86 4.9% 58 Duane Morris 41 41 0.0% 26 Lowndes, Drosdick, Doster, Kantor & 82 84 2.4% 59 Kluger, Kaplan, Silverman, Katzen & 30 40 33.3% Reed Levine* 27 Trenam* 81 82 1.2% 59 MacFarlane Ferguson & 37 40 8.1% 28 Berger Singerman 76 78 2.6% McMullen*

29 Johnson Pope Bokor Ruppel & Burns* 69 76 10.1% 59 Smith, Gambrell & Russell 38 40 5.3%

30 Fowler White Burnett 79 75 -5.1% 59 Jackson Lewis 39 40 2.6%

31 Roig Lawyers 78 74 -5.1% 59 Levin Papantonio Thomas Mitchell 40 40 0.0% 32 Rumberger Kirk & Caldwell 66 72 9.1% Rafferty & Proctor* 33 Lydecker | Diaz* 71 71 0.0% 64 FordHarrison 36 39 8.3% 34 Weiss Serota Helfman Cole & Bierman* 67 69 3.0% 64 Boyd & Jenerette* 37 39 5.4%

35 Rogers Towers* 60 67 11.7% 64 Quarles & Brady 41 39 -4.9% DAILY BUSINESS REVIEW MONDAY, JULY 22, 2019 dailybusinessreview.com A9

SPECIAL REPORT REVIEW 100 REVIEW

Rank Firm 2017 Attorneys 2018 Attorneys % Change Rank Firm 2017 Attorneys 2018 Attorneys % Change

67 Steinger, Greene & Feiner* 39 38 -2.6% 85 Anidjar & Levine* Not available 31 Not available (New entry) 68 Ausley McMullen* 37 37 0.0% 86 Litchfield Cavo 26 30 15.4% 69 Genovese Joblove & Battista* 35 36 2.9% 86 K&L Gates 32 30 -6.3% 69 Bressler, Amery & Ross 36 36 0.0% 88 Ogletree, Deakins, Nash, Smoak & 29 29 0.0% 69 Bryant Miller Olive* 36 36 0.0% Stewart 69 Squire Patton Boggs 40 36 -10.0% 89 Sachs Sax Caplan* 25 28 12.0% 73 Jones Day 35 35 0.0% 90 Litchfield Cavo 26 27 3.8% 73 Adams and Reese 40 35 -12.5% 90 Morgan, Lewis & Bockius 27 27 0.0% 75 Lewis, Longman & Walker* 32 34 6.3% 90 Stroock & Stroock & Lavan 27 27 0.0% 75 Cozen O’Connor 38 34 -10.5% 90 Nason Yeager 28 27 -3.6% 75 Jones Foster* 40 34 -15.0% 90 McGuireWoods 29 27 -6.9% 78 Hunton Andrews Kurth 26 33 26.9% 90 Rennert Vogel Mandler & Rodriguez* 24 27 12.5% 78 Icard Merrill Cullis Timm Furen & 34 33 -2.9% (New entry) Ginsburg* 96 Fox Rothschild 25 26 4.0% 80 Littler Mendelson* 26 32 23.1% 96 Peterson & Myers* 25 26 4.0% 80 Winderweedle Haines Ward & Woodman* 30 32 6.7% 80 Searcy Denney Scarola Barnhart & 31 32 3.2% 96 Roetzel & Andress 27 26 -3.7% Shipley* 96 Baker, Donelson, Bearman, Caldwell & 28 26 -7.1% 80 Hogan Lovells 36 32 -11.1% Berkowitz 80 Kopelowitz Ostrow Ferguson 42 32 -23.8% 100 Day Pitney* Not available 25 Not available Weiselberg Gilbert (New entry)

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SPECIAL REPORT REVIEW 100 REVIEW

FROM PAGE A1 signature For the People web address but benefits from corporate resistance to high hourly rates. The firm has REVIEW 100 made inroads representing compa- respect and dignity, then we are a busi- nies on breach-of-contract claims on ness, enough billable time in order to a contingency basis. Plaintiffs attor- justify our salaries.” Then the firm’s law- neys have been known to slide into yers give back to the “community that’s hyperbole, but Morgan said, “That been good to each and every one of us.” department is growing exponentially every day.” GROWTH AT THE TOP Overall, the number of legal profes- DECLINING COUNTS sionals at the 100 largest firms in Florida The biggest percentage declines for grew more than 4 percent to over 8,000 attorneys were concentrated at firms in 2018. with Florida attorney counts ranging The top 10 law firms accounted from 32 to 52 and led by two Am Law for nearly half of the net growth, led 200 firms, Hinshaw & Culbertson, down by three homegrown litigation firms. 16 percent, and Buchanan Ingersoll Fifth-ranked Morgan & Morgan add- & Rooney, down 14 percent, and Palm ed 61 attorneys, 10th-ranked Wicker Beach County’s Jones Foster, down Smith O’Hara McCoy & Ford added 15 percent. 33, and eighth-ranked Quintairos, A Hinshaw spokesman emailed a Prieto, Wood & Boyer added 24. Morgan & Morgan partner Matt Morgan says Chartwell Law Offices CEO Cliff Goldstein says statement saying annual attrition is Wicker Smith broke into the top 10, the firm has broadened its practice areas growth has pushed the firm to what “I would common in today’s legal market. Its displacing Gunster. Wicker Smith and while adding offices. call critical mass.” survey responses indicated 61 Florida Quintairos Prieto are defense-driven attorneys last year, and the firm is now litigation firms. FAST-GROWING FIRMS prospect, we probably have someone in reporting 67. The 31-year-old Morgan & Morgan Looking at percentages, growth was the Chartwell network who knows them.” “We experienced some Florida turn- has grown from its Orlando base to 13 seen across a wide spectrum of firms He called the firm “the antithesis of an eat- over in early 2018, and we have since states and spends $130 million to $150 led by Lewis Brisbois, 66th on the Am what-you-kill shop,” instead falling back added a dozen new Florida attorneys in million a year on advertising, primarily Law 100 list, Chartwell Law Offices and on early-childhood lessons about sharing. 2019 alone, including Rory Eric Jurman plugging its core plaintiffs personal inju- Kubicki Draper. All three firms have “The folks in one office work really hard to and his team in Fort Lauderdale. We ry work, said partner Matt Morgan, son been on hiring binges. get work to people in other offices.” are focused on expanding our depth of firm founder John Morgan. In Florida, Lewis Brisbois and Goldstein pointed to client pressure and connections in the industries and But the firm has broadened its prac- Chartwell nearly doubled in size in on hourly billing rates when asked why markets in which our clients operate,” tice areas based on John Morgan’s con- a year, taking Lewis Brisbois to 38 he thought litigation firms were grow- Hinshaw spokesman Oliver A. Thoenen clusion 10 years ago that auto injury Florida attorneys and Chartwell to 33. ing in Florida as opposed to full-service wrote. cases will plummet by 2035 by factoring And defense litigation firms Chartwell firms. Buchanan Ingersoll spokeswoman in autonomous vehicles and improved and Kubicki Draper were on the latest “A lot of clients that were using the Ela Friel called an eight-attorney decline safety features. The firm’s targets have National Law Journal’s NLJ 500 list of big-name brand at $700 to $1,000 an to 50 minor and attributed it “to typical expanded to products liability, class ac- firms with the nation’s highest percent- hour are really going to have a hard time attrition and lateral movement in the tions, workers’ compensation, Social age growth. justifying that over time,” he said. “Not marketplace.” The firm now counts 67 Security and the Telephone Consumer Seven of Chartwell’s 18 offices are in all firms are thriving. We’ve seen a lot of attorneys in Florida and expects “that Protection Act. Florida, and firm CEO Cliff Goldstein in firms close shop.” number to increase as we continue our “In short, we’ve diversified signifi- Valley Forge, Pennsylvania, said, “We’ve From his perspective, “everyone focus on growth in the state.” cantly and have been hiring to staff these toyed with Tampa from time to time, but knows that insurance carriers are not One newcomer to the rankings is diversified areas,” Matt Morgan said. we haven’t found a group yet that would in a great mood to pay more and more Day Pitney, which announced plans last Geographic expansion includes be a good fit.” The latest office addition money.” Seeing the client-driven chang- October to take over the 58-year-old the addition of satellite offices, for in- was two weeks ago in Baltimore, and es, Goldstein said, “We launched a huge Richman Greer litigation boutique. It stance running five locations in Central New Orleans and Los Angeles are pos- alternative fee program in Florida, and it has 25 attorneys in four South Florida Florida catering to the firm’s Orlando sibilities later this year or next year. was so successful that the client expand- offices. base. In the face of urban sprawl, it Growth has pushed the firm to what ed it to five or six other states with us.” Catherine Wilson is managing editor of “allows the client to have their lawyer “I would call critical mass. We’re at the Rate pressure can make strange the Daily Business Review. Contact her at in their backyard.” point where if you name a client or a bedfellows. Morgan is known for its [email protected]. On Twitter at @cmwalm

Biggest Losses Biggest Gains

Rank by Firm Annual Attorneys Rank by Firm Annual Attorneys % decline % loss % growth % gain

1 Hinshaw & Culbertson -16.4 61 1 Lewis Brisbois 47.4 38

2 Jones Foster -15 34 2 Chartwell Law Offices 42.4 33

3 Buchanan Ingersoll -13.8 50 3 Kubicki Draper 34 97

4 Burr & Forman -12.9 61 4 Kluger Kaplan 33.3 30

5 Adams and Reese -12.5 35 5 Tripp Scott 30.4 46

6 Hogan Lovells -11.1 32 6 Walton Lantaff 28.6 42

7 Cozen O’Connor -10.5 34 7 Morgan & Morgan 27 226

8 Boies Schiller -10.3 52 8 Hunton Andrews Kurth 26.9 26

9 Squire Patton -10 36 9 Littler Mendelson 23.1 26

10 Baker Donelson -7.1 26 10 Rubenstein Law 21.6 37 DAILY BUSINESS REVIEW MONDAY, JULY 22, 2019 dailybusinessreview.com A11

Legaltech News legaltechnews.com With New Bot Law, California Puts Social Media Giants on Notice by Frank Ready now, the parties deploying the “I think there’s still a lot of bots are accountable for prop- back and forth about how to California’s new bot law erly declaring them. deal with the tension between went into effect on July 1, which Holding social media com- the First Amendment and this means it’s now officially illegal panies responsible for polic- issue of content moderation,” to use undeclared bots to in- ing their own platforms might Lee said. centivize a sale or influence an indeed be more effective than Given that uncertainty and the election. The parameters of the trying to intimidate actors who California bot law’s inherent limi- legislation are fairly narrow, are already working outside of tations, the chances of it inspiring targeting bots deployed “with the law. Even if perpetrators similar efforts in other states are the intent to mislead the other were caught in the act of using uncertain. Ballod thinks it unlike- person about its artificial identi- bots to, say, influence an elec- ly, citing California’s unique posi- ty for the purpose of knowingly tion, they likely exist beyond the tion as a hub for social media or deceiving.” reach of California authorities. tech companies like Facebook, In other words, it’s more “A lot of that activity is from Twitter and Google. Plus, the law of statement than a law that’s foreign countries, so we’re was originally passed back in likely to see much enforcement not going to go to war over it,” October 2018. action. But that statement still Ballod said. SHUTTERSTOCK “That’s an awful long time should be of interest to the so- So why didn’t California’s California’s new bot law is a subtle reminder to social media platforms to for no states to jump on the cial media giants that dominate law take a firmer hand with so- stay on top of the bots spreading fake information within their networks. bandwagon,” he said. the California landscape and cial media and other platforms? But what happens if they don’t is far from clear. Lee, on the other hand, provide an inadvertent plat- Jessica Lee, a partner and co- thinks the national conversa- form for bots. chair of the privacy, security with spam or platform manipu- Twitter definitely poses a chal- tion around the integrity of po- “Doesn’t it seem like it’s a and data innovations practice lation. lenge, there’s also more nu- litical advertising could help a message to Twitter, to Facebook, at Loeb & Loeb, said early Lee believes that throw- anced issues pertaining to the variation on the California law to Google: ‘We stopped one step drafts of the bill explored plac- ing legally enforced fines into First Amendment that make to gain traction elsewhere. short, we’re at your doorstep. ing more of the onus for bots on the mix would lead to extreme taking an overly aggressive “I think because we’re lead- If you want us to knock on platforms, but those consider- pushback. stance problematic. ing up to an election season, the door, then don’t police the ations didn’t make the final cut. “We’re talking about plat- According to Lee, bots dis- we’re going to see a lot more bots,’” said Christopher Ballod, One reason might be that forms that have millions and seminating opinions—even if activity, both regulatory activity partner at Lewis Brisbois. no one could quite figure out millions of accounts. There those opinions are discrimi- and then sort of external pres- That door knock would os- how platforms would be able doesn’t seem to be a great so- natory or hateful—are theo- sure to make sure that we don’t tensibly be legislation that as- to manage such a monumental lution right now with regards retically protected by the First have a repeat of what happened signed the responsibility of task. For example, in the month to how to moderate [bots],” she Amendment. There’s also the in 2016,” she said. monitoring or identifying de- of December 2018 alone, said. nebulous gray area between Frank Ready is a reporter on the ceptive bots to the platforms Twitter challenged 22,185,461 While the sheer volume what is considered an opinion tech desk at ALM Media. He can be themselves. As the law stands accounts potentially associated of bots on platforms such as and what is out and out false. reached at [email protected]. New York State Expands Online Tool Connecting Crime Victims With Legal Services by Dan M. Clark Cronin said they’ve tried to make the a slew of nonprofit organizations that When the web tool launched last year, website as easy as possible for victims to are relatively easy for victims to find. 30 nonprofit civil legal aid providers and An online web tool created by the use, which is reflected in its design. But curiously, data collected since the victims services organizations were list- state to connect victims of crime with Users only have to enter two points of website launched showed that many of its ed for users to connect with. That’s ex- attorneys in New York has expanded to information to find contact information for users have still come from , pected to grow significantly as the web- offer services for residents in 26 coun- an attorney who specializes in the area of Cronin said. They’ve taken advantage of site expands, partly because of funding ties—up from just three when the pro- law they need help with: the county they other parts of the website, of which there obtained by the state, Cronin said. gram started last year. live in and what kind of legal help they’re are many, to find help with their own le- Federal grants administered by OVS The service is provided by the state seeking. From there, the website popu- gal issues. The site provides general infor- last year allowed 61 victim assistance Office of Victim Services, which expects lates a list of nonprofit civil legal groups mation on what services are available to programs and child advocacy centers to it to be available in each of the state’s that can provide those services. victims, for example, and legal documents hire attorneys that offer civil legal ser- counties outside New York City by the The information for each group is that pertain to those matters. vices. Each of those programs were re- end of the year. drawn from LawHelpNY.org, a website Users, regardless of where they live, quired to be listed on the website as a “I think it’s exactly what we wanted it to powered by Pro Bono Net to connect can use the website to file a complaint condition of that funding. be,” said Elizabeth Cronin, director of OVS. low-income residents with attorneys. with the U.S. Department of Housing That’s separate from the initial feder- The website, called New York Crime Pro Bono Net partnered with Empire and Urban Development over housing al grant the state was awarded to create Victims Legal Help, launched last year Justice Center and the Center for Human discrimination, for example. Immigrants the website, which has been in develop- as a pilot program in three counties: Services Research at SUNY Albany to also have the option to file their own visa ment for the last several years. Aside Erie, Niagara and Genesee. Since then, launch the website with the state in re- petition without an attorney. from providing a new resource for vic- it’s racked up more than 5,000 unique cent years. Cronin said the feedback they’ve gotten tims, Cronin said the online tool has had users, Cronin said, with an expectation The most-requested legal services about the website has been overwhelm- the extra benefit of redirecting victims to that traffic will increase along with the sought by users of the website have includ- ingly positive. Users have been particularly the OVS website, where they can learn new expansion. ed information about the rights of victims, engaged with the live-chat function, which about other services offered by the state. Crime victims from 23 other counties in family law, domestic violence matters, safe- connects victims with someone who can “It makes people aware of OVS. We’re upstate New York will now be able to con- ty issues and housing assistance, Cronin help them find what they’re looking for on kind of the unsung hero in many ways,” nect with attorneys in their area through said. That’s roughly in line with what was the website, Cronin said. Cronin said. “People have this resource the site. Those counties include Albany, most requested when it launched. Victims, importantly, don’t have to available and they don’t know what we can Columbia, Greene, Rensselaer, Saratoga, “For people who have all kinds of enter any identifying information while do, so this is another way for the public to Schenectady, Warren, Washington, needs—housing, employment, immi- using any of the website’s features. learn about the services OVS has available.” Dutchess, Orange, Putnam, Rockland, gration—we’re going to be able to help Everything they do there, including the The website will next expand to in- Sullivan, Ulster, Westchester, Fulton, crime victims with this,” Cronin said. “It’s live chat, is anonymous. clude other counties in Western New Montgomery, Schoharie, Clinton, Essex, very exciting for us to see this happen- The website even has a button at the York and on Long Island, with the rest of Franklin, Hamilton and St. Lawrence. ing and to know by the end of the year top of each page that instantly redirects the state outside New York City to follow The website is designed to connect the whole state will be covered by this them to a search engine. That’s in case soon after. crime victims with eight major catego- resource.” users are put in a situation where it may Victims can access the website online ries of civil legal services, ranging from By the whole state, Cronin meant not be safe for them to be on the site in at https://crimevictimshelpny.org. family law to immigration. Those cat- outside New York City. The tool on the the company of others, like in cases of Dan M. Clark is the Albany reporter for the egories are then broken down into more website is geared toward rural areas, domestic violence. New York Law Journal. He covers the state specific issues, like getting custody of a where victims may not know where to “We’re trying to meet the needs of Court of Appeals, the state legislature, state child after a domestic violence incident turn when seeking help with civil legal anyone who would have to access this regulators, and more. Email Dan anytime at or helping immigrants with their visa. services. New York City, meanwhile, has information,” Cronin said. [email protected]. A12 dailybusinessreview.com MONDAY, JULY 22, 2019 DAILY BUSINESS REVIEW

COMMERCIAL REAL ESTATE

SOUTH FLORIDA TRANSACTIONS

DEAL OF THE DAY Coral Gables Apartment Building Sells for $137,500 Per Unit Address: 114 Menores Ave. in Coral Gables Property type: This is a 5,736-square-foot, two-story apartment building with eight units constructed in 1925 on a 8,250-square- foot lot, according to the Miami-Dade County Property Appraiser's office. Price: $1,100,000 Price per unit: $137,500 Seller: Marciana Marina LLC Buyer: 114 Menores LLC Past sale: $1,095,000 in July 2015

GOOGLE

These reports are based on public records filed with the clerks of courts. Building area is cited in gross square footage, the total area of a property as computed for assessment purposes by the county appraiser. A Universal Interest in Real Estate: Understanding Space by Betsy Kim data transformations to flatten them, ship with contact information including Reonomy co-founder and CEO Rich take subsections and compare them phone numbers and email addresses. Sarkis highlighted Reonomy’s Data-as- There’s a Big Bang Theory at with other data about the universe. With Teyssier explains that Reonomy has a-Service component that allows users Reonomy. It’s that understanding space Hubble Space Telescope images, the sci- partnerships with several providers. For to build their own applications to use the of the galaxies in the universe is similar entist would create simulations of what’s example, CoreLogic provides tax asses- Reonomy information. Plus, the com- to understanding space on the surface of out in the universe. sor, deed, mortgage and sales records, pany has been backed by $68 million in the earth—at least in terms of creating “I would look at how galaxies interact, and other data assets. But in records, venture capital according to its market- models to rapidly compare, analyze and how they behave, what happens when company names and addresses can be ing materials. reconcile massive amounts of data. they collide. How do you grow a galaxy? entered by humans and be messy, with Teyssier points out that both astro- Maureen Teyssier is the director of How do you destroy one? So, I did a lot errors or entered in multiple ways such physics and commercial real estate now data science and data engineering at of coding,” says Teyssier. “I generated a as with differing abbreviated names. Plus require utilizing massive amounts of Reonomy, a tech company that ana- lot of data and that’s what I’m still doing, with, for example, their Dun & Bradstreet data. She has analyzed interactions with lyzes commercial real estate data. She a lot of coding and complicated math.” partnership, Reonomy receives a wealth dark matter, gas and stars, researched earned a Bachelor of Science degree Teyssier brings her work with the of additional company information. new particle types found in black holes, in both physics and astrophysics from stars down to earth. She explains The astrophysicist writes machine and worked on one of the world’s most the University of California, Berkeley. Reonomy has information about a prop- learning algorithms and creates statistical accurate cosmological simulations of the Teyssier then received her PhD in com- erty’s physical attributes, the building’s techniques “that stitch the data together” Milky Way. She ties this all to real estate putational astrophysics from Columbia floors, the number of units, the size of from multiple sources. Records are com- by underscoring it’s all about under- University. Afterwards, she worked as the lot and building, the sales, mortgages pared against other records and a volume standing space. a postdoctoral researcher in computa- and tax histories. of information to accurately link facts to “Commercial real estate is a smaller tional astrophysics at Rutgers University, She calls Reonomy’s property owner- each specific piece of property. scale. But it’s the surface of the Earth, where she received the Hubble Space ship information a gem which allows cli- Companies including CoStar, then understanding the effect on the Telescope Cycle 22 research grant. ents to make business decisions. Users CompStak, Real Capital Analytics and market, different trends, changing situa- As an astrophysicist Teyssier would can see not only the current owner, but PropertyShark also provide online com- tions and data.” And both involve getting create simulations of the universe on signatories on the mortgage and the var- mercial real estate information. In a a grasp on big data. Really, really big data. supercomputers. She would perform ious levels of stakeholders and owner- February 2019 GlobeSt.com interview, Betsy Kim reports for GlobeSt.com. How to Buy a Home: Almost 40% of US Homes Are Mortgage Free by Shelly Hagan share increase over the last decade,” the value of the home and the oppor- addition of more than $100,000 in equi- said Javier Vivas, director of economic tunity cost of other higher investment ty for homeowners without a mortgage. More Americans are living mortgage research at Realtor.com. returns when mortgage rates are low, Zillow analyzed data from the free. An aging population and change in Vivas said. American Community Survey, which About 37% of U.S. households are owner demographics is another reason Mortgage characteristics vary by state occurs annually and includes about 3.5 “free and clear,” meaning they no longer for the increase, according to Zillow. and those with lower housing prices million responses. The Bureau of the have a home mortgage to pay, according Younger Americans are likely to wait typically have higher rates of fully-paid Census also runs the American Housing to a Zillow data analysis. This number longer to a buy a home due in part to ris- mortgages. In 2017, the most recent Survey (AHS), which looks at mortgage ticked upward after the Great Recession ing living costs and student debt. As a re- available data, West Virginia had the characteristics. While the upward trend and over the past 10 years the share of sult, older Americans comprise a larger highest share of “free and clear” owner- in “free and clear” homes is evident in homeowners paying off their mortgages share of total home ownership and have ship at 54%. Maryland and the District of both surveys, the AHS suggests the rate has risen 5.5 percentage points. had years to pay off a home as well as Columbia were on the other end of the is higher — at 40% of total owner-occu- “In general, higher home equity is build wealth. This trend could reverse as spectrum with rates of 27% and 24%, pied units. The AHS is conducted every financially preferable and the rise in younger generations age and enter the respectively. other year and covers a smaller sample mortgage-free ownership is in line with real estate market. Over the last decade, the median size of 115,000 units. brighter economic conditions, which Trade-offs associated with paying off price of an existing home in the U.S. has Shelly Hagan reports for Bloomberg is why we’ve seen the free-and-clear a mortgage include abrupt changes to increased by more than 60% — or an News. DAILY BUSINESS REVIEW MONDAY, JULY 22, 2019 dailybusinessreview.com A13 BANKING/ FINANCE Distressed Debt Traders Have Tons of Cash and Nothing to Buy by Allison McNeely Jay Wintrob, chief executive officer of tor in Brazil. Brookfield in March agreed and Katherine Doherty Oaktree, lamented at a conference in to buy a 62% stake in Oaktree. May regarding investments in the U.S. Another strategy that can work The hardest part of being a distressed Oaktree is one of the largest distressed well is to focus on smaller companies, debt investor now may be finding some- debt managers in the world, with Investors including Oaktree Capital Group where competition to put capital to thing to do. around $20 billion of assets committed LLC, Ares Management and Brookfield Asset work will be less intense, according to Funds that bet on troubled compa- to debt from troubled entities. “The U.S. Management are hungry for new areas to in- Jeanne Manischewitz at York Capital nies -- those struggling to pay their debt is pretty benign.” vest their dry powder. Management. Investors with a lot of or already in bankruptcy — have spent Investors’ difficulties underscore how cash to invest usually prefer to write big- years preparing for a creditpocalypse, hard it is to time distressed bets, espe- tors fewer ways to trigger bankruptcy or ger checks, she said. and have got about $80 billion of cash cially as central banks globally have other restructurings for companies that “You have to be very picky right now,” left to invest, according to Preqin and doused economies with cash at the first are clearly struggling, according to Ben and focus on good companies with bad Bloomberg Intelligence. That’s almost signs of trouble. Corporations have tak- Finestone, a partner at law firm Quinn balance sheets, said Manischewitz, co- enough to buy the entire distressed U.S. en on ever-larger amounts of debt, with Emanuel Urquhart & Sullivan. Even if head of North American credit. market at face value now. But they have outstanding junk bonds at about $1.25 revenue is falling at some companies, In some cases, where there’s not few places to put it to work: While cracks trillion as of Wednesday, more than dou- lenders have fewer options for forcing enough distress, money managers have are starting to appear in the U.S. econo- ble the level a decade ago. Borrowings restructurings, Finestone said. looked to create it. Aurelius Capital my, interest rates are low, leaving most are higher relative to assets and a mea- “It feels like there’s a lot of distress Management delved deep into the bond corporations in decent shape. sure of earnings. but the day of reckoning hasn’t come,” agreements for a rural telephone service And it’s not clear when distressed debt But when energy and other commod- he said. provider, Windstream Holdings Inc., and investors will get busier. The Federal ity prices started falling in the middle of Firms are still getting ready for mass said the company had violated those Reserve is moving closer to cutting in- this decade, distressed debt firms start- pain among corporate borrowers. York covenants when it spun out wireline terest rates. That could mean more cash ed looking for opportunities to snatch up Capital Management is raising around network assets to create Uniti Group Inc. looking for high yields, propping up assets. In 2015, many suffered big losses $1 billion for a distressed debt fund, It sued Windstream, and won, sending weaker borrowers and keeping them as the Fed kept rates low and energy while Angelo Gordon & Co. is slated to the company into bankruptcy. The in- from going broke. Corporate bankruptcy prices kept falling. raise around $1.5 billion. Most of that vestment firm is widely believed to have filings have been falling since February This year has also been relatively tough money has already been committed to bought credit default swaps insuring by one measure. for the debt. With the Federal Reserve the funds by investors. against default, meaning that it profited All this marks a shift from the last few suggesting it’s going to expand the money Money managers that raised dedi- when the company filed for bankruptcy. years when firms were expanding their supply and bond prices having broadly cated distressed-debt funds a couple of Eventually, the economy will turn, and distressed debt staffs in anticipation of jumped, the supply of U.S. distressed debt years ago in anticipation of a recession the supply of distressed debt will rise an economic downturn. Now, investors has dropped about 30% since mid-Janu- are feeling the pressure to invest, accord- steeply. The amount of outstanding trou- including Oaktree Capital Group LLC, ary, to a market value of around $58 bil- ing to Angelo Rufino, a portfolio man- bled company debt has a way of grow- Ares Management and Brookfield Asset lion, according to Bank of America index ager at Brookfield Asset Management, ing significantly in a short period of time. Management are hungry for new areas to data. A Bloomberg index of U.S. corporate who helps manage the firm’s special And there are incipient signs of stress at invest their dry powder. They’re sniffing bankruptcy filings has fallen about 23% situations and distressed investments. U.S. companies and in the economy more for opportunities in Europe, China, and since late February. And while distressed Brookfield has flexibility in its investing broadly. A measure of income for junk- India, and among smaller U.S. companies. debt has gained more than 4.4% this year mandates to buy a broader array of se- rated companies, known as earnings In some cases, they’re creating distress through Wednesday, according to Bank curities globally, meaning it doesn’t face before interest, taxes, depreciation and where there might not have been any oth- of America’s index, that trails the rough- the same pressures as some dedicated amortization, fell in the first quarter. As erwise. And they’re raising less money for ly 10% that junk bonds broadly gained distressed-debt funds, he said. of the start of July, more than 80% of S&P distressed funds — just $8.5 billion so far over that period, according to Bloomberg “We have the ability to invest in hairy 500 companies that had revised profit es- this year, putting 2019 on track to be the Barclays index data. jurisdictions and places where others timates ahead of posting second-quarter slowest for fundraising since 2014. The supply of distressed debt may also won’t go,” Rufino said, noting Brookfield earnings had cut their forecasts. “The amount of tradeable distressed be curtailed by the rise of “covenant lite” is building its business in India and Allison McNeely and Katherine Doherty opportunities is very, very modest,” lending agreements, which give credi- China, and is the biggest private inves- report for . Trump: Administration to Review Pentagon Computer Contract by Darlene Superville tract, one of the biggest ever given hav- IBM said in a statement Thursday Democrat who sits on the House Armed and Matt O’Brien ing to do with the cloud and having to do that it “has long raised serious con- Services Committee, said Thursday with a lot of other things.” cerns about the structure of the JEDI he has full confidence in the Defense President said Trump said some of the “greatest procurement” and continues to believe Department’s cloud strategy and that it’s Thursday that the administration will companies in the world” were among the Defense Department “would be best important that the project be allowed to “take a very long look” at a massive those complaining about Amazon, and served by a multi-cloud strategy” involv- move forward. multibillion-dollar contract the Pentagon he said the administration will look ing multiple cloud systems operated by Langevin said in an emailed state- is preparing to award for a cloud com- “very closely” at the contract because “I different companies. ment that it would be “wholly inappro- puting system, citing “tremendous com- have had very few things where there’s IBM did not say whether it had shared priate” for Trump or any member of plaints” he’s heard about the process. been such complaining.” those concerns with the White House. Congress to interfere in the procurement Amazon Web Services Inc., a divi- Trump is a critic of Amazon, the e- Both IBM and Oracle formally protested process, especially since the courts and sion of Amazon, and Microsoft Corp. commerce retailer owned by Jeff Bezos. the process last year. the Government Accountability Office - are finalists for the contract estimated Bezos also owns The Washington Post, A federal judge last week tossed out the watchdog for Congress - have reject- to be worth up to $10 billion over a and Trump has criticized the paper’s a second challenge by Oracle alleging ed challenges to the Pentagon’s plans. decade. coverage of the administration. that the bidding process was rigged in Daniel Goure, vice president of the Trump said during an unrelated event The president’s comments inject- Amazon’s favor, and some in Congress Lexington Institute, a defense-oriented at the White House that companies that ed new uncertainty into a project the have expressed concerns about poten- think tank based in Virginia, said it’s are no longer in the running to land the Defense Department has said is vital tial conflicts of interest. Republican Sen. not unusual for Trump to publicly raise deal, known as Joint Enterprise Defense to maintaining the U.S. military’s tech- Marco Rubio of Florida sent a letter last concerns about a defense equipment Infrastructure, or JEDI, have lodged nological advantage over adversaries. week to White House national secu- contract, as Trump did weeks before he complaints about the process. Whichever company wins the contract rity adviser asking that the took office over the contract with Boeing Republican lawmakers troubled by will have the monumental task of storing Pentagon delay awarding the contract, for an updated version of Air Force One. the Pentagon’s handling of the contract and processing vast amounts of classi- contending that the process suffered But Goure said it’s rare for Trump to also took their concerns directly to the fied data. The Pentagon says it will en- from a “lack of competition” and the use actually reverse a Pentagon decision, es- president. able troops to advance the use of artifi- of “arbitrary criteria and standards for pecially one backed by a legal opinion. “I’m getting tremendous complaints cial intelligence in warfare. bidders” that could waste taxpayer dol- “I would be incredibly surprised if the about the contract with the Pentagon Oracle and IBM were eliminated from lars and “fail to provide our warfighters president decided to unilaterally cancel and with Amazon,” Trump said when he an earlier round of competition, leaving with the best technology solutions.” this,” said Goure, whose institute receives was asked about the matter during an Amazon and Microsoft as the two final- Rubio had also expressed concerns funding from Amazon. “I think once he Oval Office appearance with the Dutch ists. about plans to award the contract to a sees the process, or the process is ex- prime minister. “They’re saying it wasn’t Amazon and Microsoft declined to single vendor. plained to him and the document is ex- competitively bid.” comment Thursday on Trump’s remarks. The Pentagon has said it plans to plained to him, I think this will all go away.” “We’re looking at it very seriously,” Oracle didn’t immediately respond to an award the contract as soon as Aug. 23. Darlene Superville and Matt O’Brien the president said. “It’s a very big con- emailed request for comment. Rep. James Langevin, a Rhode Island report for the Associated Press. A14 dailybusinessreview.com MONDAY, JULY 22, 2019 DAILY BUSINESS REVIEW BANKING/ FINANCE Corvette Goes Mid-Engine for First Time to Raise Performance by Tom Krisher ty, said he hasn't heard anyone in the 425-member club complain about the When you first lay eyes on the new new design. "I think after 60 years it's 2020 Corvette, a modern version of the time for a change," said Borke, who classic American sports car isn't the first owns a current generation "C7," bought thing that pops into your head. when the car was last redesigned in the Instead, you think Lamborghini, 2014 model year. Lotus, McLaren. The new car has two trunks, one in The eighth-generation 'Vette, the front that can hold an airline-spec dubbed C8, is radically different from carry-on bag and a laptop computer its predecessors, which for 66 years case. Under the rear hatch behind the had the engine in the front. This time, engine is another space that can hold engineers moved the General Motors' two sets of golf clubs. trademark small-block V8 behind the Even though it's a performance car, passenger compartment. It's so close Juechter said the Corvette can go from to the driver that the belt running the eight cylinders to four to save fuel. water pump and other accessories is Some owners get close to 30 mpg on only a foot away. the freeway with the current model, Also gone are the traditional long and Juechter said he expects that to be hood and large, sweeping front fenders, true with the new one. Full mileage tests replaced by a downward-sloping snub aren't finished, he said. nose and short fenders. In the back, Engineers also took great pains to there's a big, tapered hatch that opens to make the new car quiet on the highway, a small trunk and the low-sitting all-new with heat shields and ample insulation 6.2-liter, 495 horsepower engine. PAUL SANCYA/ASSOCIATED PRESS to cut engine noise. So why change the thing? Even though the car has an alumi- The new Corvette comes with a custom-designed fast-shifting eight-speed automatic transmis- "We were reaching the performance num center structure and a carbon fiber sion with two tall top gears. It also will be made with right-hand-drive for international markets. limitations of a front-engine car," ex- bumper beam, it still weighs a little more plains Tadge Juechter, the Corvette's than the current model. It's also slightly chief engineer, ahead of Thursday than the current Corvette's base price one high-performance version of the less aerodynamic due to large air in- night's glitzy unveiling in a World War of $55,900. Prices of other versions outgoing Vette. take vents on the sides to help cool the II dirigible hangar in Orange County, weren't announced but the current car The "cab forward" design with a engine. The new Corvette comes with California. can run well over $100,000 with op- short hood looks way different, but GM a custom-designed fast-shifting eight- With a mid-engine, the flagship of tions, still thousands cheaper most than executives say they aren't worried that it speed automatic transmission with two GM's Chevrolet brand will have the European competitors. will alienate Corvette purists who want tall top gears. It also will be made with weight balance and center of gravity of a Corvette sales aren't huge. Through the classic long hood and the big V8 in right-hand-drive for international mar- race car, rivaling European competitors June, the company sold just under the front. kets. and leaving behind sports sedans and 10,000 of them. But industry analysts Harlan Charles, the car's marketing Higher-performance versions are ever-more-powerful muscle cars that say the car helps the company's image, manager, said mid-engine Corvettes had coming, although Juechter wouldn't say were getting close to outperforming the showing that it can build a sports car that for years been rumored to be the next if the C8 is designed to hold a battery current 'Vette. performs with top European models. generation so it wasn't unexpected. GM and electric motor. "We're asking people to spend a lot GM says the new version, with an also is hoping the change will help draw Workers at a GM plant in Bowling of money for this car, and people want optional ZR1 performance package, in younger buyers who may not have Green, Kentucky, are just starting to it to be the best performer all around," will go from zero to 60 mph (96.6 ki- considered a Corvette in the past. build the new cars, which will arrive in Juechter said. lometers per hour) in under three George Borke, a member of Village showrooms late this year. GM President Mark Reuss said the seconds, the fastest Corvette ever and Vettes Corvette Club in The Villages, Tom Krisher reports for the Associated C8 will start below $60,000, 7% more about a full second quicker than all but Florida, a huge retirement communi- Press. About 10,000 Au Pairs to Get Paid in Class-ActionSettlement by Colleen Slevin The settlement also requires that 15 A handful of former au pairs sub- minimum or whether families should agencies authorized by the U.S. State mitted written comments to the court. be allowed to deduct room and board About 10,000 live-in childcare work- Department to connect au pairs with Echoing allegations in the lawsuit, expenses, something that is generally ers from around the world will share families notify both parties going for- Alejandra Guadalupe Franyutti Ramirez not permitted when they are seen as a in a class-action settlement in a case ward that au pairs can negotiate to be of Queretaro, Mexico, said she was fired benefit to the employer. The federal ap- that challenged whether they should be paid more than the minimum $195.75 and given a short time to leave the coun- peals court based in Boston is consider- treated as employees entitled to mini- a week required by the department. The try when she got sick soon after pushing ing the wage issue in a case challenging mum wage or members of the family minimum pay is based on the federal back about her duties while serving as Massachusetts' inclusion of au pairs in learning about the United States while minimum wage of $7.25 for 45 hours of an au pair in Portola Valley, California. its domestic bill of rights. helping out at home. work minus a 40 percent deduction for Meanwhile, Eva Bein of Germany, de- David Seligman, executive director U.S. District Judge Christine Arguello room and board. scribed having a positive experience with of Towards Justice, said the settlement gave final approval to the $65.5 mil- The agencies, the only ones that spon- her host family said she objected to the provides important reforms in the in- lion deal Thursday during a hearing in sored au pairs when the suit was filed, settlement's focus on pay, fearing it could dustry in addition to the payouts. Denver, saying the payments to au pairs did not admit wrongdoing. One other hurt the cultural exchange mission. "The outcome reaffirms that every- who filed claims by the May deadline company was later allowed to bring au She also said the deal should require one — including low-wage workers — would average $3,500 each. pairs to the United States, but lawyers sponsors to not only check on au pairs has the right to a free and competitive About 160,000 au pairs who came to for the au pairs thought it was treating more often but remove host families marketplace," he said. the United States to work from 2009 to its au pairs more fairly, perhaps because who mistreat them, noting that agencies The practice of having au pairs — late 2018 under J-1 visas were identified of the pending lawsuit. now act in the interest of the families French for "on par with" — developed as having the potential to receive money The lawsuit, brought by 11 au pairs who pay them fees to recruit au pairs. in postwar Europe, where young people under the deal announced in January. from Colombia, Australia, Germany, The settlement comes amid a move- lived with families in other countries to Notices were sent to nearly all of them, South Africa and Mexico, claimed the ment to protect the rights of domestic learn a language in exchange for helping but about 10,000 filed claims by the May agencies colluded to keep their wages workers, who were originally excluded with childcare and some housework. In deadline. low, ignoring overtime and state mini- from federal labor protections. A hand- Europe, au pairs generally are limited to About 40 percent of the deal will go mum wage laws and treating the federal ful of states have passed domestic work- working 30 hours a week. to pay for administrative costs, lawyers' minimum wage for au pairs as the maxi- er bills of rights, and U.S. Sen. Kamala The concept came to the United States fees and other expenses. Lawyers for mum they could earn. In some cases, the Harris and Rep. Pramilla Jayapal intro- in 1986 when the State Department Towards Justice, a nonprofit Denver law lawsuit said, parents pushed the limits duced a federal version this week. launched it as a cultural exchange pro- firm that filed the lawsuit in 2014, and of their duties, requiring au pairs to do The settlement did not address gram amid a growing demand for child- the high-profile New York firm of Boies things like feed backyard chickens and whether au pairs are entitled to higher care. Schiller Flexner were not paid during help families move and not allowing minimum wages in states and cities Colleen Slevin reports for the Associated the case. them to eat with the family. that have set them above the federal Press. DAILY BUSINESS REVIEW MONDAY, JULY 22, 2019 dailybusinessreview.com A15

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PROFILES IN LAW Leslie Kroeger Calls on a Career of Criminal and Civil Work to Advocate for Consumer Protections by Zach Schlein ated cases from a plaintiff’s perspec- tive as equally as he did the defense’s. Leslie Kroeger isn’t bashful about her Just a few years later, Kroeger made the enthusiasm for her area of expertise. switch to plaintiffs work, the field she’s The Palm Beach Gardens-based at- remained in ever since. After making torney serves as the co-chair of Cohen partner at attorney Ted Leopold’s firm Milstein Sellers & Toll’s complex tort liti- Leopold Law, she retained the title once gation practice group and was recently the office merged with Cohen Milstein in sworn in as president of the Florida February 2014. Justice Association for 2019 through Kroeger admitted she’s considered 2020. She’s been a member of the how things might have been different consumer advocacy group for nearly had she taken a more linear route. two decades, and once she starts talking “I’ve wondered about the trajectory about her time with the association and of going straight into plaintiffs work,” its pursuit, it’s easy to see why Kroeger’s she said. “But I really think spending a peers chose her to take the helm. couple of years doing defense gave me a “The mission of the FJA is to strength- true perspective on what that is like and en and uphold the civil justice system,” how insurance companies assess, how the Cohen Milstein partner said. “We adjusters work. ... And I think it made look to do everything we can to make me a better plaintiffs lawyer because I sure that citizens of Florida are protect- understand how to deconstruct a case, ed, that citizens have access to the court- and to deconstruct you have to build a room if they need it, and that individuals tighter case.” are on equal footing, to the extent that Kroeger intends to put her skills to it’s possible, with large corporations or good use in her new role as FJA presi- insurance companies.” dent. She stressed that increasing the or- Kroeger doesn’t take a moment to ganization’s membership and diversity pause when cataloging the association’s are among her top priorities, as is am- myriad undertakings, which include plifying the group’s message among liti- educating attorneys and law students on gators and Florida’s general discourse. the procedures and state of Florida’s civil “There seems to be a real propagan- justice system, and lobbying the Florida da machine that is attempting to work Legislature for victims’ rights. against people who’ve been victims, and “I feel passionate about it,” she said. we fight that every day,” she said, citing “I think it is an amazing mission that we interest group campaigns to institute ad- have, [although] it’s not always easy.” ditional and blanket caps for damages Kroeger’s path to assuming leader- as well as arbitration agreements in the ship of the more than 50-year-old or- place of jury trials. ganization has been far from straight- “[Florida citizens] should be aware forward. It has taken the New Orleans that just because someone says Florida native everywhere from Tennessee and is a judicial hellhole does not mean it is,” Alabama to all across Florida. Although Kroeger added, calling the notion “insult- she’s close to reaching her 20th anni- Leslie Kroeger of Cohen Milstein brings to her new role as president of the Florida Justice ing” to juries, attorneys and judges alike. versary of residing and working in the Association her experience as a prosecutor, defense counsel and plaintiffs lawyer. “[Plaintiffs attorneys] have to go against West Palm Beach area, Kroeger’s career the propaganda that if someone is in the hasn’t always been marked with the cinated with the world of litigation. “I “I came down to Florida literally — I courtroom they just must be looking for certainty she enjoys in her current home didn’t have any lawyers in my family, think — the next day after graduation,” money, or the attorney that represents and practice. However, the resolve to but, I really took to [the program] and it she said, adding she’s stayed in the them must be a greedy trial lawyer. It’s work in the legal profession, regardless was really formative for me. They got us Sunshine State ever since. Following a horrible but it’s a reality, and we under- of the specifics, has been a constant of into the courtroom, explained all differ- stint as an assistant public defender in stand why it’s done.” Kroeger’s life from an early age. ent types of law and trial law, and that Brevard County, Kroeger decided she Kroeger’s advice: Try to change the “I think high school really had made set me on the path there.” wanted to take her career in a different mindset. that decision for me,” she said. After be- Kroeger pursued her undergraduate direction. “If you’re coming in and some of the coming involved with a legal explorer studies at the University of Tennessee “When I was a public defender I loved jury already believe that, than there is program, Kroeger found herself fas- in Knoxville before enrolling at Samford what I did, but it seemed to me that the an inherent bias in favor of the defen- University’s Cumberland School of Law people and the office who were making dant, in favor of the corporation, in fa- in Birmingham, Alabama. those charging decisions really had a vor of the insurance company,” she said. “I finished my four-year degree in much bigger effect on the victims of the “So we work really hard to educate and LESLIE M. KROEGER three years because I knew at that point crime, if there was one, and those who draw people’s attention to: ‘Hey, people Born: July 1969, New Orleans I wanted to go to law school,” she said. were charged,” she said. sometimes get hurt, people sometimes As a law student, Kroeger interned Kroeger headed south once more to are killed, and it’s not their fault. And if Spouse: Chad Kroeger with a criminal court judge in addition clerk for then-Miami-Dade Circuit Judge it’s someone else’s fault ... then you need to working alongside a former district Juan Ramirez Jr., who would later be- to pay attention and take a look at that.’” Children: Taylor and Jake attorney now employed with the public come chief of Florida’s Third District Kroeger said she’s ardent in her com- Education: Cumberland School of Law, defender’s office outside of Birmingham. Court of Appeal. One year later, she mitment to continuing the FJA’s legacy J.D., 1993; University of Tennessee at She said both experiences were pivotal joined the Miami-Dade State Attorney’s of consumer and victim advocacy, and Knoxville, B.S., 1990 in expanding her understanding of how Office as an assistant state attorney. wants to ensure she leaves behind a courtrooms operate as well as how at- “I did that for three years, fulfilled platform upon which others can build. Experience: Partner and current torneys succeed within them. my commitment with Ms. Fernandez- “We’re looking at this system and co-chair of the Complex Tort Litigation “Not much of law school has any- Rundle’s office, and that was a wonder- how to make it cleaner and better for practice, Cohen Milstein, 2014 – thing to do with real life, and certainly ful experience,” she said. everyone who is using it, and everyone Present; Partner, Leopold Law 2008- not being in a courtroom unless you go But after grappling with financial who wants or needs to use it,” she said. 2014; Associate, William S. Frates, II, 2007–2008; Associate, Wallace B. McCall, through the trial advocacy program,” she considerations and her latent ambition “The people who are coming behind me 2001–2007; Associate, Wicker Smith, said, adding her criminal court clerkship for change, Kroeger soon changed gears are going to keep doing that, and we are 1999–2001; Assistant State Attorney, proved invaluable for explaining “court- and entered private practice as a defense hopeful it’s going to go on for as long as Eleventh Judicial Circuit, Miami-Dade room procedures, picking a jury, fairness attorney with Wicker Smith O’Hara necessary to keep a check and balance.” County, 1996–1999; Judicial Law Clerk and unfairness, and just how a bias can McCoy & Ford ‘s Tampa office, where Zach Schlein is a writer based in Miami. for Honorable Juan Ramirez, Jr., Eleventh creep in.” she specialized in medical malpractice Originally from Montville, New Jersey, he Judicial Circuit Court, Miami-Dade and nursing home defense work. holds a B.A. in political science from the County, 1995-1996; Assistant Public NO LINEAR ROUTE “My partner there, John Hamilton, University of Florida and is the litigation Defender, Eighteenth Judicial Circuit, Once Kroeger earned her J.D., she was a wonderful mentor and really reporter for Daily Business Review. He can Brevard County, 1994. opted to take her talents even further taught me a lot about how to look at a be reached at his email address, zschlein@ south. case,” she said, adding Hamilton evalu- alm.com