LAWYERTHE HILLSBOROUGH COUNTY BAR ASSOCIATION TAMPA, FLORIDA | MARCH - APRIL 2017 | VOL. 27, NO. 4 THE HILLSBOROUGH COUNTY BAR ASSOCIATION LAWYER MARCH - APRIL 2017 | VOL. 27, NO. 4 DIVISIONS FEATURES & EVENTS 8 7 COFFEE AT THE COURTHOUSE AND JUDICIAL SHADOWING EVENT 13 POWER LUNCH OF HCBA’S FEMALE PAST PRESIDENTS AND HCBA PAST PRESIDENTS’ LUNCHEON 17 HCBA MEMBERS SUPPORT ELVES 7 3 A NOD TO OUR JUDICIARY FOR ELDERS PROJECT <C?A@>F$E>>D.EF49F<F8A6E9 21 BLI LEADERSHIP PANEL AND 4 THE CONSTITUTION REVISION CONSTRUCTION LAW LUNCHEON COMMISSION, THE TIMES 29 HEALTH CARE LAW & CRIMINAL LAW THEY ARE A-CHANGIN’ SECTIONS HOLD JOINT LUNCHEON *8+2F(@E>C<EB?>F$E>>D.EF 49FE#CBF$7F$:0D5.;=CB 31 FLORIDA BAR PRO BONO AWARDS ANNOUNCEMENT 17 6 COFFEE, CONVERSATIONS, 34 DIVERSITY MEMBERSHIP LUNCHEON AND COLLEGIALITY 0F(@E>C<EB?>F$E>>D.E 38 HOLIDAY OPEN HOUSE 49F09B<>E9F7F3CD@D 43 MARITAL & FAMILY LAW LUNCHEON 8 FEDERAL JUDGE DONALD AND CLE INSPIRES, CHALLENGES 47 HONORING OUR VETERANS TREATMENT LAWYERS AT DIVERSITY COURT FAMILY AND SUPPORTERS LUNCHEON; MATHEWS NAMED 49F8A=7F,FE9E>F E?7 38 2016 OUTSTANDING LAWYER 49 JUDICIAL LUNCHEON AND SOLO & E:5?C#EFC@E:?A@>F$E>>D.EF SMALL FIRM SECTION CLE 49F,A;BF!7F9BE> 49 LRIS SPEAKS TO LOCAL SERTOMA CLUB 10 THE FUTURE OF 51 TRIAL & LITIGATION SECTION LUNCHEON CRIMINAL JUSTICE IN 53 JUDGE CASTAGNA RECOGNIZED FOR HILLSBOROUGH COUNTY HIS SERVICE AND BLI CLASS PROJECT !@A6F?;EF3?D?EF2??A@BE9 49F2B<@E)F*7FD@@EB 54 THANKS TO ALL OUR FOX 13 ASK-A-LAWYER VOLUNTEERS! 12 EXPANSION OF PROBLEM-SOLVING COURTS 59 WORKERS’ COMPENSATION !@A6F?;EF';C@?EEB?;F,5<C:CD=F SECTION LUNCHEON 53 8C@:5C?F8;CE1F,5<.EF 68 YLD HOLIDAYS IN THE NEW YEAR 49F,5<.EFABD=<F!C:D@@A??D ABOUT THE COVER $"'$""& "'%& '%!$&"'!$"'&# "'!&&'%'$$!$'&#'$!& # '% "'&'%%'&$'&#! &'!$"'$""&'$"'# !$# '"&$#'!% !&' '&#"&'$!'#"' $!!&''%&'%'% '&& "'%'%& ' #$"'%'&&!&'#""&'##'$'## ' %'$!'&$' #' &%&'! $#'#!!% &' #$"'#"'#'&%!&'"#'#'#!& '#'#' $&'!%'&& %&'#!'!&' '' $"'%%'Implied Consent'#" $"&'$' '%%$'$"'%# '$ "!'%&'Green 61'Implied Consent $&"' &#& "'#'$"$&'%%'$!%'!&'% ! %%'#"'%'#'! $# #& '$&' #$"'%' %$&'#'&% &"'!&'!&"'%'!%! %%$'#"&"'&%!& &'$'!&'&#' %&""$%'Published by Palari Books, September 2008. 1879(98,795463 )99-+/8928*0.7 6 SEctIoNS commIttEES 16 16 study suggests 48 ConsolidAtion And 18 reloCAtion of seCond dCA 46 wHAt’s in store for 18 lAwyers leAding our Appellate Practice Section Community And tHe nAtion by Kimberly A. Hendee tHe seCurities industry for 2017? Bar Leadership Institute Committee by Harold Holder 20 performAnCe AnXiety? Securities Section by Rob Jamieson Construction Law Section and Dan Dietrich 26 overComing tHe by Valeen Arena 48 no eXigenCy, no permission, imposter syndrome 22 tHe espn of lAw – no wArrAnt — no proBlem? Diversity Committee by Linda J. Z. Young Clients Are wAtCHing Solo & Small Firm Section Corporate Counsel Section by Leon H. Jones 44 vtC mentors At work by Jeff Cox 50 disCoverABility of Cell Military & Veterans Affairs Committee by Capt. Carlos Flanagan (Ret.) 24 use of video And pHone dAtA in motor surveillAnCe video in triAl veHiCle CrAsHes Criminal Law Section Trial & Litigation Section by Adam L. Bantner, II by Anthony “Nino” Martino 28 tHe need for “pArtiCulArity” 58 jurisdiCtion And settlement in Qui tAm CAses Workers’ Compensation Section Health Care Law Section by Anthony V. Cortese by Adam Schwartz & Erin Hoyle 40 foreign nAtionAl entrepreneurs And 44 immigrAtion Immigration & Nationality Section by Yova A. Borovska IN EVERY ISSUE 41 workplACe sAfety And 27 new HCBA memBers osHA’s new reporting rule 45 sAve tHe dAte Labor & Employment Section 52 100 CluB by Benjamin S. Briggs 62 Around tHe AssoCiAtion 42 Are we giving tHe pAyor 63 jury triAl informAtion spouse Credit wHere 66 Benefit providers Credit is due? Marital & Family Law Section 50 67 ClAssified Advertising by Eliane I. Probasco 67 Advertising indeX THE HILLSBOROUGH COUNTY BAR ASSOCIATION editor offiCers ed Comey president: kevin m. mclaughlin Assistant editor president-elect: gordon Hill; imm. past president: Carter Andersen maria ramos secretary: scott stigall; treasurer: robert j. scanlan LAWYER executive director eX-offiCio john f. kynes Chief judge ronald ficarrotta; judge laura e. ward; todd timmerman Chester H. Ferguson Law Center direCtors: 1610 N. Tampa St., Tampa FL 33602 Advertising Alex Caballero Anthony d. martino jacqueline simms-petredis Telephone (813) 221-7777 pr/Communications director victoria n. ferrentino web melton iii grace yang www.hillsbar.com stacy williams paige A. greenlee Cory person [email protected] (813) 221-7779 rachael l. greenstein 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 St., 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 St., 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.) 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 MAR - APR 2017 | HCBA LAWYER EDITOR’S MESSAGE Ed Comey - Law Clerk to U.S. Bankruptcy Judge Michael G. Williamson A Nod to our Judiciary “[I]t is incumbent on lawyers to . educate the public on the role our judges play in our constitutional system.” t a recent work retreat, I was participating years, we’ve dealt with staff reductions and budget cuts, in a group discussion where we were all while being the second or third busiest district in the asked to talk about the best job we’ve ever entire country. had. My group consisted of three of my I’m proud to say our judges make good on our court’s fellow law clerks, the three judges they mission: workA for, and a fourth judge. Interestingly, each of us chose “Our Court serves the public by processing and our current job as the best one we’ve ever had (although deciding bankruptcy cases with fairness, impartiality, being a Publix bag boy was a close second for me). and excellence, while treating everyone with dignity, The reasons we each chose our current job varied, of integrity, and respect.” course. For me, I enjoy grappling with the complex legal From my time as a lawyer, I know the same is true of issues lawyers face on daily basis. The beauty of being a our other federal judges and their state court counterparts. law clerk is you get to deal with all those complex legal I was reminded of all of this by HCBA Bar President issues without the hassle that comes with private practice Kevin McLaughlin’s recent remarks at Judge Miriam (billing hours, dealing with Valkenburg’s investiture. immense time constraints, At the investiture, attended meeting client expectations, by an array of county and generating business, etc.). circuit, Second DCA, and But there’s one thing in federal district court particular about my job that judges, Kevin spoke out I enjoy: it offers a behind- strongly against the recent the-scenes look at how the attacks on our judiciary. As law gets administered on a I sat there, I realized how daily basis. fortunate we are to have Having been in this such a dedicated judiciary. position for six years now, I I am not one of those can honestly say our district who thinks criticism of is blessed to have the judges — even when ill bankruptcy judges we do. founded — jeopardizes the To a person, they are judiciary’s independence. exceedingly competent. I have way too much They are routinely forced to make decisions that have a confidence in our state and federal judges in monumental impact on the parties and the public. I’ve Hillsborough County to think their rulings would be watched first hand as our judges labor to faithfully apply influenced by the desire to avoid public scorn. But the law in these difficult cases. I think even members of having said that, public confidence in the judiciary is the bar would be surprised at the amount of time and essential to a functioning democracy, and it is incumbent effort our judges spend preparing for their hearings and on lawyers to speak out in support of our judiciary and making sure they get their rulings right. And they do all to educate the public on the role our judges play in our of this under difficult circumstances. For the last several constitutional system. 1879(98,795463 )99-+/8928*0.7 HCBA PRESIDENT’S MESSAGE Kevin McLaughlin - Wagner McLaughlin, P.A. The Constitution Revision Commission, The Times They Are A-Changin’ While the CRC is likely to consider any number of topics for inclusion on the ballot, of particular concern to attorneys and judges is the possibility of an amendment requiring judicial term limits. must confess that until XI, Section 2, which establishes recently, I did not know the CRC. Meeting for the first nearly enough about the time in 1978-1979, the CRC Constitution Revision convenes every twenty years Commission (CRC), an for the purpose of examining Iincredibly powerful agent for Florida’s Constitution, holding change built into the Florida public hearings throughout the Constitution. In fairness, the state, and proposing changes for CRC only convenes every twenty voter consideration.