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HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer Is Published Six Times Per Year by the Hillsborough County Bar Association

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HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer Is Published Six Times Per Year by the Hillsborough County Bar Association LAWYER THE HILLSBOROUGH COUNTY BAR ASSOCIATION TAMPA, FLORIDA | SEPTEMBER - OCTOBER 2014 | VOL. 25, NO. 1 GUNN LAW GROUP CIVIL TRIAL ATTORNEYS Advocating for Justice A Professional Association THE NEXT GOVERNOR COULD PLEASE REACH OUT IN YOUR APPOINT AT LEAST FOUR COMMUNITY AND ENCOURAGE ALL TO VOTE IN THIS HISTORIC SUPREME COURT JUSTICES. MID-TERM ELECTION CYCLE. THE NEXT GOVERNOR WILL ALL THE PEOPLE NEED TO APPOINT 15 OF THE 37 PARTICIPATE IN ELECTING A GOVERNOR WHO IS FOR THE MEMBERS OF THE PEOPLE OF OUR STATE. CONSTITUTION REVISION COMMISSION WHICH CONVENES EVERY 20 YEARS. GET OUT AND 400 N. Ashley Drive / Suite 2050 / Tampa, FL 33602 / 813-228-7070 866-GUNNLAW (486-6529) / [email protected] / www.gunnlawgroup.com LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATION SEPT - OCT 2014 | VOL. 25, NO. 2 DIVISIONS FEATURES AND EVENTS 5 3 2014-2015 HCBA BOARD OF DIRECTORS 7 CONGRATULATIONS TO THE 2013-2014 HCBA BAR LEADERSHIP INSTITUTE CLASS 16 THE FUTURE IS NOW: ELECTRONIC TECHNOLOGY, LAW, AND EVIDENCE 16 17 THE BIRTH OF THE BENCH BAR 18 AN INTERVIEW WITH THE HON. MARY STENSON SCRIVEN 5 WHO’S GONNA FILL by Michael S. Hooker THEIR SHOES 23 2014-2015 HCBA SECTION Editor’s Message & COMMITTEE CHAIRS by Ed Comey 6 A SALUTE TO OUR MISSION 27 HCBA BOARD OF DIRECTORS RETREAT OF RESPECT AND SERVICE 27 YLD BOARD RETREAT HCBA President’s Message by Benjamin H. Hill IV 31 AWARD FOR EXCELLENCE IN THE PROMOTION OF BOARD CERTIFICATION 8 OPPORTUNITIES AVAILABLE THROUGH THE YLD 38 HCBA INSTALLATION OF 2014-2015 YLD President’s Message OFFICERS & DIRECTORS by Anthony “Nino” Martino 38 42 YLD HOLDS JUDICIAL 10 BEN HILL IV SWORN IN APPRECIATION LUNCHEON AS HCBA PRESIDENT; BAR LOOKS AT CHANGING 53 CONGRATULATIONS TO ABRAHAM LEGAL PROFESSION LINCOLN AWARD WINNER! Executive Director’s Message 53 HEALTH CARE LAW SECTION’S by John F. Kynes AFTERNOON WITH THE RAYS 12 JUVENILE DRUG COURT 55 JUDGE FRANK INDUCTED INTO State Attorney’s Message by Mark A. Ober LABOR AND EMPLOYMENT LAW SECTION HALL OF FAME 14 BETTING ON THE FUTURE 42 From the Clerk of the Circuit Court 66 RPPTL CLE by Pat Frank ABOUT THE COVER Red mangroves stand in the intertidal waters above an oyster bed in eastern Tampa Bay. Their abundance indicates a healthy ecosystem with their characteristic crop roots providing shelter for numerous fish species. Photo courtesy of Carlton Ward Photography, www.carltonward.com SEPT - OCT 2014 | HCBA LAWYER 1 SECTIONS 51 INTELLECTUAL PROPERTY COMMITTEES PITFALLS IN CORPORATE 26 TRANSACTIONS Intellectual Property Section by Rachel Marks Feinman 54 DRUG SCREENING AND PUBLIC-SECTOR EMPLOYMENT Labor and Employment Section 60 by Brian Koji and Shaina Thorpe 24 PROTECTING THE RULING ON 56 INNOCENT SPOUSE 29 COME OUT AND VOLUNTEER; YOUR MOTION IN LIMINE RELIEF EXPANDED IT COULD CHANGE YOUR LIFE Appellate Practice Section Marital & Family Law Section Community Services Committee by Michael M. Giel by Connie Rossi and Briggs Stahl by Lisa A. Esposito 26 WE INVITE YOUR PARTICIPATION! 57 ARBITRATION PROCEEDINGS 41 THE BENEFITS OF Collaborative Law Section ARE LIMITED BY FLORIDA PRO BONO WORK by Christine L. Derr STATUTE § 95.11 Diversity Committee by Victoria Cruz-Garcia Mediation and Arbitration Section ARBITRATION JURISDICTION AND 32 by Caroline Johnson Levine 60 HELPING THOSE WHO HAVE UNLICENSED CONTRACTORS DEFENDED OUR COUNTRY Construction Law Section 62 TENANTS WITH “PERPETUAL Military & Veterans Affairs Committee by J. Derek Kantaskas DOMINION” MAY BE ASSESSED by Bob Nader and Lt. Col. AD VALOREM PROPERTY TAXES Christopher Brown 34 AGENCIES TARGET BUSINESS Real Property, Probate & Trust Law USE OF SOCIAL MEDIA Section by William J. Pokolsky III 61 RESPONSIVENESS IS AN Corporate Counsel Section and Derek Larsen Chaney ETHICAL REQUIREMENT by James B. Lake 63 INTRODUCING THE HCBA Professionalism & Ethics Committee by Caroline Johnson Levine 36 A FREEDOM-DESTROYING SECURITIES LAW SECTION COCKTAIL: UNCORROBORATED Securities Law Section 67 LETTER TO HCBA ANONYMOUS TIPS by Jared Perez SECTION CHAIRS: WHY Criminal Law Section 64 EXPLOITING TECHNOLOGY S-2014-038 MATTERS by Joseph A. Eustace Jr. Solo & Small Firm Section Thirteenth Judicial Circuit THE ELDER LAW SECTION — by Jack Rosenkranz Pro Bono Committee 43 by Judge Catherine Peek McEwen BUILDING ON A SUCCESSFUL 66 IRS MODIFIES OFFSHORE FIRST YEAR VOLUNTARY DISCLOSURE Elder Law Section by Elizabeth P. PROGRAM IN EVERY ISSUE Allen and Debra L. Dandar Tax Law Section by Brian R. Harris 44 FULL COMPENSATION VS. 69 SETTLEMENT CONFIDENTIALITY 13 NEW MEMBERS JUST COMPENSATION IS NO JOKE! 33 100 CLUB Eminent Domain Section Trial & Litigation Section 35 SAVE THE DATES by Angela B. Rauber by Beth M. Coleman 58 HCBA BENEFIT PROVIDERS 48 HEALTH PROGRAM INTEGRITY: 70 UNAUTHORIZED WORKERS’ 71 AROUND THE ASSOCIATION COLLABORATION AND COMPENSATION DISCLOSURE 73 ADVERTISING INDEX DATA ANALYTICS VIOLATES THE ADA Health Care Law Section Workers’ Compensation Section 75 CLASSIFIED ADVERTISING by Clark J. Bolton by Anthony V. Cortese 75 JURY TRIAL INFORMATION THE HILLSBOROUGH COUNTY BAR ASSOCIATION Editor OFFICERS Ed Comey President: Benjamin H. Hill IV Executive Director President-Elect: Carter Andersen; Imm. Past President: Susan E. Johnson-Velez Secretary: Cory Person; Treasurer: Robert J. Scanlan John F. Kynes LAWYER EX-OFFICIO Hon. Manuel Menendez Jr.; Bill Schifino Jr.; Hon. Mark R. Wolfe Chester H. Ferguson Law Center ADVERTISING DIRECTORS: 1610 N. Tampa Street, Tampa, FL 33602 PR/Communications Director Deborah C. Blews Anthony D. Martino Laura E. Ward Telephone (813) 221-7777 Corrie Benfield Paige A. Greenlee Kevin McLaughlin Grace Yang FAX (813) 221-7778 [email protected] Rachael Greenstein Kristin A. Norse www.hillsbar.com (813) 221-7779 Gordon Hill John A. Schifino (ISSN 1553-4456) THE HILLSBOROUGH COUNTY BAR ASSOCIATION Lawyer is published six times per year by the Hillsborough County Bar Association. Editorial, advertising, subscription, and circulation offices: 1610 N. Tampa Street, Tampa, FL 33602. Changes of address must reach the Lawyer office six weeks in advance of the next issue date. Give both old and new address. POSTMASTER: Send change of address notices to Hillsborough County Bar Association, 1610 N. Tampa Street, Tampa, FL 33602. One copy of each Lawyer is sent free to members of the Hillsborough County Bar Association. Additional subscriptions to members or firm libraries are $50. Annual subscriptions to others, $100. Single copy price, $15.00. (All plus tax.) Write to HCBA, 1610 N. Tampa Street, Tampa, FL 33602. The Lawyer is published as part of the HCBA’s commitment to provide membership with information relating to issues and concerns of the legal community. Opinions and positions expressed in the articles are those of the authors and may not necessarily reflect those of the HCBA. Submissions of feature articles, reviews, and opinion pieces on topics of general interest to the readership of the Lawyer are encouraged and will be considered for publication. 2 SEPT - OCT 2014 | HCBA LAWYER 2014-2015 HCBA Board of Directors OFFICERS President President-Elect Immediate Past President Secretary Treasurer Benjamin H. Hill IV Carter Andersen Susan E. Johnson-Velez Cory Person Robert J. Scanlan DIRECTORS Deborah C. Blews Paige A. Greenlee Rachael Greenstein Gordon Hill Anthony D. Martino Kevin M. McLaughlin Kristin A. Norse John A. Schifino Laura E. Ward Grace H. Yang EX-OFFICIO Hon. Manuel Menendez Jr. Bill Schifino Jr. Hon. Mark R. Wolfe SEPT - OCT 2014 | HCBA LAWYER 3 4 SEPT - OCT 2014 | HCBA LAWYER EDITOR’S MESSAGE Ed Comey - Law Clerk to U.S. Bankruptcy Judge Michael G. Williamson Who’s Gonna Fill Their Shoes It’s hard to imagine what our community would be today without our legal heroes. s a fan of traditional country music, I’ve down to write this message. While I could tell you all always thought George Jones’ classic song about the “radio heroes” Jones refers to in his song, I “Who’s Gonna Fill Their Shoes” is vastly couldn’t have told you much about our community’s “legal underappreciated. If you’ve never heard heroes.” Sure, I’m familiar with the names George it, the song is a poignant tribute to the Edgecomb and Chester Ferguson. But sadly, I didn’t pioneersA of traditional country music: actually know anything about either of them; I’ve just been You know this old world is full of singers to the buildings that bear their names. So over the past But just a few were chosen couple of weeks, I’ve spent To tear your heart out when time researching the history they sing of our legal community. Imagine life without them In doing so, I’ve read and All your radio heroes heard fascinating stories After lamenting there will about some remarkable never be another Johnny people: pioneers who broke Cash, Merle Haggard, Willie down barriers for women Nelson, Elvis Presley, or and people of color, paving Conway Twitty (to name a the way for generations that few), Jones implores others to followed; local lawyers who carry on the legacy of those distinguished themselves as radio heroes: “Lord I wonder, public servants — at the who’s gonna fill their shoes.” local, state, and national That song came to mind as I level; lawyers who used their sat down to write the editor’s limited time and remarkable message for this year’s talents to serve the needy in inaugural issue of the Lawyer. our community; lawyers who This year, as you’ve seen will be remembered far more from the issue cover, is the for their professionalism than 25th anniversary of the their immense legal talents. Lawyer. In celebration of that After reading and hearing milestone, each issue will those stories, it’s clear to me feature a tribute to a person that there will never be or event that has impacted another Josephine Howard the HCBA over the past 25 years.
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