GREENSPOON DOUGHERTY SOUTH FLORIDA LAW 2014 PAGE 8 PRESENTS SOUTH FLORIDA S TOP RATED LAWYERS OF 2014 LEGAL LEADERS

Transcription

1 PRESENTS OF 2014 GREENSPOON DOUGHERTY ESTABLISHED INJURY FIRM WITH TOP RATED TALENT ALSO INSIDE A SPECIAL ADVERTISING SUPPLEMENT DISTRIBUTED WITH THE MIAMI HERALD AND THE WALL STREET JOURNAL SOUTH FLORIDA LAW 2014 PAGE 8 PRESENTS PROTECT YOUR BUSINESS INTELLECTUAL PROPERTY PAGE 7 APPEARING WITH DIVORCED PARENTS: KNOW YOUR CHILD CUSTODY AND VISITATION RIGHTS PAGE 12

2 ALM LEGAL GROUP Welcome to South Florida s Top Rated Lawyers 2014, a publica- HIGHLIGHTS IN THIS ISSUE: ACCOUNT EXECUTIVES tion featuring legal talent from LAURA GUNAWAN ULEI KOU the metropolitan area. BRIDGET MCDONALD MARCY PALACIOS GEORGE SCHWIMMER The attorneys featured here and in the accompanying online edition have all achieved the peer reviewed rating of AV SR. CONTENT MANAGER JUSTIN SMULISON Preeminent by Martindale-Hubbell, the company that has long set the stan- ASSISTANT ART DIRECTOR SAMMY ELFATRANY GRAPHIC DESIGNER ASHLEE REDD PROFILES WRITER SEAN STONEFIELD dard for lawyer ratings. The AV Preeminent rating is a significant accomplishment and demonstrates that a lawyer s peers have ranked him or her at the highest level of professional excellence. 3 4 GREENSPOON DOUGHERTY Established Injury Firm with Top Rated Talent INDEX A comprehensive list of South Florida s Top Rated Lawyers of Our online edition of South Florida s COVER PHOTOGRAPH BY STEVE BOXALL Top Rated Lawyers, accessible at at.law.com/southfloridatoprated, BUSINESS MANAGER COLLEEN HANSON includes the complete directory of all of the South Florida area s AV Peeminent GROUP PUBLISHER SCOTT PIERCE rated attorneys, listed by their practice areas. In addition to insightful profiles of many To order reprints of South Florida s Top Rated Lawyers of 2014, please contact or REPRINTS@ALM.COM Top Rated attorneys, this publication features articles covering trends in the law, and is a valuable resource for finding top talent and making informed legal decisions. 8 SOUTH FLORIDA LAW 2014 The lower half of The Sunshine State experienced major developments over the summer, including a bulk condo sale that will test current laws, and the call for a new congressional map has impacted voters and the State senate. Publishers do not warrant that the information contained herein is complete or accurate. ALM Media, LLC (or either party s affiliates, employees, officers, directors or agents) does not assume, and hereby disclaims, any liability to any person for any loss or damage caused by errors or omissions herein, whether such errors or omissions result from negligence, accident or any other cause. This magazine includes paid attorney advertising. Consumers should contact the state bar for verification and additional information prior to securing the legal services of any attorney. ALM, Top Rated Lawyers, and Top Ranked Law Firms are trademarks of ALM Media Properties, LLC. Sincerely, SCOTT PIERCE GROUP PUBLISHER LEGALLEADERS@ALM.COM MEDICAL NEGLIGENCE AND MALPRACTICE In the event of poor care, it is important to know where the blame lies so that you can protect yourself in the future. FLORIDA BANKRUPTCY Businesses in dire financial trouble may not have to necessarily close up shop. PRACTICE AREA INDEX An index of featured firms categorized by practice area.

3 GREENSPOON DOUGHERTY ATTORNEYS AT LAW PERSONAL INJURY, CRIMINAL DEFENSE, BUSINESS Adam Dougherty Brian Greenspoon GREENSPOON DOUGHERTY, ATTORNEYS AT LAW BRING THE experience of a big law firm to a boutique setting. Both Adam Dougherty and Brian Greenspoon have recovered millions of dollars for their clients over their careers, and together they ensure that clients will directly benefit from their expertise in plaintiffs personal injury, criminal defense and business law. HAVING WORKED FOR TWO OF THE LARGEST PERSONAL INJURY law firms in South Florida, I understand the frustration clients often experience when they re passed from one associate to another, Mr. Dougherty says. Clients like to know that the person whose name is on the door is the one taking care of their case, and when we sign onto a matter, it s always going to be one of the two partners handling it. MR. DOUGHERTY HAS BEEN INVOLVED IN THE JUSTICE SYSTEM for two decades, having initially worked in law enforcement before becoming an attorney. As the firm s litigator Mr. Dougherty has tried both criminal and civil cases ranging from multiple first degree murder trials to motor vehicle and premises liability trials. Trial lawyers get a really bad name from the press and from politicians who have an agenda. The truth is we are the people s last resort against government intrusion and big corporations that bully and take advantage of people with their wealth and resources. The truth is, trial lawyers have made the cars you drive and the toys your children play with safer. IN ADDITION TO BEING AV PREEMINENT RATED BY MARTINDALE-HUBBELL and having a 10.0 Superb Rating by AVVO, Mr. Dougherty was one of only 55 attorneys in the United States invited to attend Gerry Spence s Trial Lawyers College in Dougherty has also appeared as a legal analyst on Fox News On the Record with Greta Van Susteren. He oversees all litigation and the criminal defense department for the firm. BRIAN GREENSPOON CAME TO PERSONAL INJURY LAW AFTER working for two of the largest commercial litigation firms in Florida, where he practiced corporate law, real estate law, and commercial litigation. Mr. Greenspoon was inspired to help those injured as the result of others negligence. Mr. Greenspoon is the managing partner of GREENSPOON DOUGHERTY, he oversees the firm s pre-suit personal injury, business development and handles day-to-day operations for the firm. WHEN WE TAKE ON A CASE, WE WILL diligently and aggressively fight for our client s rights, and it s very satisfying to know that we ve been able to help ordinary individuals combat the overwhelming power of big insurance companies and the government, Mr. Greenspoon says. Knowing we ve helped someone put the pieces of their life back together and obtain closure is immensely rewarding. BRIAN GREENSPOON ADAM DOUGHERTY 700 W. HILLSBORO BLVD., BLDG. 4, STE. 204, DEERFIELD BEACH, FL PH: FAX: / 3

4 TOP RATED LAWYERS SOUTH FLORIDA S IN 2014 AT.LAW.COM/SOUTHFLORIDATOPRATED Acosta Civil Trial Attorneys PERSONAL INJURY AND WRONGFUL DEATH Page 25 Adrian Philip Thomas, P.A. PROBATE AND ESTATE LITIGATION, TRUST LITIGATION, GUARDIANSHIP LITIGATION Page 25 Alan Goldfarb, P.A. CIVIL LITIGATION, PERSONAL INJURY, MEDICAL MALPRACTICE Page 16 Armas, Bertran & Gardner COMMERCIAL LITIGATION, LABOR & EMPLOY- MENT, CONSTRUCTION LAW Page 16 Borgognoni Law, P.L. GREGORY BORGOGNONI BUSINESS LITIGATION, HEALTH CARE LAW, INTEL- LECTUAL PROPERTY, LABOR AND EMPLOYMENT Page 19 Brumer & Brumer, P.A. MARC L. BRUMER PERSONAL INJURY AND INSURANCE LAW TRIAL PRACTICE Page 21 Campbell Law Firm PLLC DENNIS M. CAMPBELL CREDITORS RIGHTS, COMMERCIAL, LITIGATION, REAL ESTATE, BANKRUPTCY, CONSTRUCTION, PRODUCTS LIABILITY Page 21 Charles A. Ross & Associates, LLC CRIMINAL DEFENSE, WHITE-COLLAR DEFENSE Page 23 Deutsch & Blumberg, P.A. MEDICAL MALPRACTICE, PRODUCT LIABILITY, PERSONAL INJURY Page 25 Diaz, Reus & Targ, LLP MICHAEL DIAZ, JR. BANKING & FINANCE, BUSINESS & COMMERCIAL, COMMERCIAL LITIGATION Page 21 4 \ F E A T U SOUTH FLORIDA S TOP RATED LAWYERS South Florida s Top Rated Lawyers helps take the mystery out of locating a high-quality advocate to protect you, your family, your business and all other assets. The lawyers in this comprehensive list are considered first-rate in their field and may be available to help. R I N G Dobin Law Group, P.A. MARC S. DOBIN ARBITRATION, MEDIATION, LITIGATION Page 21 Ena T. Diaz, P.A. LABOR & EMPLOYMENT Page 16 Fann & Petruccelli, P.A. MICHAEL A. PETRUCCELLI MEDICAL MALPRACTICE, HEALTH CARE Page 23 Feldman Gale, P.A. INTELLECTUAL PROPERTY, LITIGATION Page 7 Fox Rothschild LLP JERALD DAVID AUGUST BUSINESS & COMMERCIAL, TAXATION, TRUSTS & ESTATES Page 17 Gaebe, Mullen, Antonelli & DiMatteo Law Offices CIVIL LITIGATION, CORPORATE LITIGATION AND TRIAL PRACTICE Page 15 Gladstone & Weissman, P.A. MARITAL AND FAMILY LAW Page 12 Gonzalez & Cartwright, P.A. CHARLES E. CARTWRIGHT PERSONAL INJURY, CIVIL LITIGATION Page 21 Graham Legal, P.A. DILLON GRAHAM CONSUMER LAW, PERSONAL INJURY, INSURANCE LAW Page 19 Greenspoon Dougherty Attorneys at Law ADAM DOUGHERTY, BRIAN GREENSPOON PERSONAL INJURY, CIVIL LITIGATION, CRIMINAL DEFENSE, BUSINESS Page 3 Gregory Tendrich, P.A. SECURITIES, ARBITRATION, MEDIATION Page 18 Harke Clasby & Bushman LLP LANCE AUGUST HARKE COMMERCIAL AND COMPLEX LITIGATION, CONSUMER LAW, CLASS ACTIONS Page 22 Hickey Law Firm, P.A. JOHN H. (JACK) HICKEY CIVIL LAW, PERSONAL INJURY, PRODUCTS LIABILITY Page 18 Hicks, Porter, Ebenfeld & Stein, P.A. COMMERCIAL LITIGATION, INSURANCE, APPELLATE LAW Page 14 Hinshaw & Culbertson LLP ARTHUR J. LAPLANTE PROFESSIONAL LIABILITY, TRANSPORTATION, PRODUCTS LIABILITY Page 18 J.A. Santos Law P.A. INFORMATION TECHNOLOGY, COMMERCIAL AND INTERNATIONAL ARBITRATION, INTERNATIONAL TRANSACTIONS Page 19 Jeffrey S. Weiner CRIMINAL DEFENSE Page 11 Joel S. Perwin, P.A. TRIAL AND APPELLATE, CIVIL LITIGATION, PERSONAL INJURY Page 22 Law Offices of Alice B. Newman PLLC WILLS, TRUSTS, PROBATE AND REAL ESTATE Page 22 Law Offices of Diana Santa Maria PERSONAL INJURY, MEDICAL MALPRACTICE, PRODUCTS LIABILITY Page 12 Law Offices of Jay Cohen, P.A. PERSONAL INJURY, MEDICAL MALPRACTICE, COMMERCIAL LITIGATION Page 21 Law Offices of Nathan E. Eden, P.A. CRIMINAL LAW, PERSONAL INJURY Page 21 Law Offices of Roy R. Lustig, P.A. COMMERCIAL LITIGATION, REAL PROPERTY, PROBATE, GUARDIANSHIP LAW Page 22 Law Offices of Sulzberger & Sulzberger ERIC W. SULZBERGER TRUSTS & ESTATES, WEALTH PRESERVATION Page 25 Leslie I. Snyder, P.A. IMMIGRATION AND NATIONALITY LAW Page 23 Maltzman & Partners JEFFREY B. MALTZMAN, ESQ. COMMERCIAL LITIGATION, RESORT & TOURISM, ADMIRALTY, WINERY & ALCOHOL Page 22 Mandel Law Group, P.A. ROBERTA MANDEL LITIGATION, INSURANCE, APPELLATE Page 5 Mediation Offices of Laurie L. Riemer, Esq. ALTERNATIVE DISPUTE RESOLUTION, ARBITRATION Page 23 TO SEE A DIRECTORY OF ALL AV PREEMINENT RATED ATTORNEYS IN SOUTH FLORIDA VISIT AT.LAW.COM/SOUTHFLORIDATOPRATED

5 Mena Law Firm LUIS MENA INSURANCE LAW Page 22 Michael A. Lampert P.A. TAX, TRUSTS & ESTATES, ESTATE LAW PLANNING Page 22 Needle & Ellenberg, P.A. ANDREW L. ELLENBERG MEDICAL MALPRACTICE, PERSONAL INJURY, PRODUCTS LIABILITY Page 21 ANDREW NEEDLE MEDICAL MALPRACTICE, PERSONAL INJURY, PRODUCTS LIABILITY Page 22 Ogletree Deakins LABOR & EMPLOYMENT, BUSINESS & COMMERCIAL, LITIGATION Page 14 Payton & Associates, LLC HARRY A. PAYTON COMPLEX COMMERCIAL LITIGATION, PROFESSIONAL LIABILITY, ART LAW Page 22 Post & Romero CARLOS A. ROMERO, JR. TAXATION, BUSINESS LAW, STATE AND FEDERAL TAXATION Page 23 Randall K. Roger & Associates, P.A. CONDOMINIUM ASSOCIATION, HOMEOWNERS ASSOCIATION, ASSOCIATION COLLECTIONS Page 23 Richard A. Schurr, P.A. FAMILY LAW, CIVIL LITIGATION, BUSINESS LAW Page 23 Robert S. Steinberg, P.A. TAXATION Page 25 R&S International Law Group LLP MARCO E. ROJAS, ESQ. REAL ESTATE, CORPORATE, INTERNATIONAL TRUST AND ESTATE PLANNING Page 23 Rudd & Diamond MICHAEL RUDD INSURANCE, BUSINESS & COMMERCIAL, CIVIL INSURANCE DEFENSE Page 23 Sheehe & Associates, PA PHILLIP J. SHEEHE COMMERCIAL LITIGATION, INSURANCE LITIGATION, CIVIL LITIGATION & TRIAL PRACTICE Page 10 Silver Law Group SECURITIES LITIGATION, SECURITIES ARBITRA- TION, CLASS ACTIONS Page 19 PAGE PROOF FOR APPROVAL ONLY Spencer Fox P.A. FAMILY LAW, COMMERCIAL LITIGATION Page 16 The Bennett Law Center PERSONAL INJURY, CRIMINAL LAW, CIVIL LAW Page 13 The Law Office of Lori A. Sochin, P.A. COMMERCIAL LITIGATION, REAL ESTATE, LITIGATION Page 25 The Law Office of Shannon L. Rountree, P.A. ESTATE, TRUST & GUARDIANSHIP LAW Page 18 Van Horn Law Group, P.A. CHAD T. VAN HORN BANKRUPTCY Page 25 Velasquez Dolan Arias, P.A. CARLOS A. VELASQUEZ PERSONAL INJURY, COMMERCIAL AND COMPLEX LITIGATION Page 25 Wicker Smith O Hara McCoy & Ford, P.A. MEDICAL MALPRACTICE, PERSONAL INJURY, TRUSTS & ESTATES, CIVIL AND COMMERCIAL LITIGATION, CONSTRUCTION, PRODUCTS LIABILITY, APPELLATE Back Cover MANDEL LAW GROUP, P.A. LITIGATION, INSURANCE, APPELLATE As a veteran appellate attorney, Roberta Mandel stands in the forefront of the appellate field. In addition to being AV Preeminent rated by Martindale-Hubbell and being recognized as a Super Lawyer 2014, Mandel has argued more than 850 appeals before the United States Supreme Court, the Eleventh Circuit Court of Appeals, the Florida Supreme Court, and every Florida appellate court. In all, she has approximately 600 reported decisions. Still, Mandel emphasizes that more often than not she is involved in cases from their inception in the trial court. Having worked on hundreds of trials over her 30-year career, Ms. Mandel notes: It s advantageous for trial attorneys to have appellate attorneys involved at the trial level, because final judgments aren t worth the paper they re written on if the appellate court reverses. Mandel began her career working as an assistant attorney general, where she handled a number of high-profile criminal cases. In 2004, she went on to head the appellate departments of two law firms. In that capacity, she handled very prominent matters, including litigation stemming from Anna Nicole Smith s death in Florida, which garnered worldwide media coverage. Mandel founded her own full-service trial and appellate litigation firm in In her current practice, Mandel often represents insurance companies in coverage appeals. In addition to representing Fortune 500 companies, Mandel represents small businesses and individuals in civil and criminal matters. Most recently, Mandel became one of the first attorneys to successfully argue that trial attorneys who represent homeowners in foreclosure actions are entitled to a fee multiplier if the lending institutions have been ordered to pay attorney fees. ROBERTA MANDEL 8925 S.W. 148TH STREET, SUITE 200, MIAMI, FL PH: FAX: ROBERTA@MANDELLAWGROUP.COM / 5

6 TOP RATED LAWYERS SOUTH FLORIDA S IN 2014 AT.LAW.COM/SOUTHFLORIDATOPRATED TOP 25 PLAINTIFF VERDICTS IN SOUTH FLORIDA OF 2014 # CASE DATE VENUE TYPE OF ACTION PLAINTIFF'S COUNSEL AMOUNT 1 Lennar Corp. v. Briarwood Capital, 12/3/13 Miami-Dade Home builder conspired to extort David M. Gersten, Miami, FL of Bilzin Sumberg Baena Price & Axelrod LLP; Daniel M. Petrocelli, Los Angeles, CA of O'Melveny & Myers LLP $1,002,000, Doe v. Churchill 4/9/13 Palm Beach Sex assaults resulted in emotional, physical pain George Frank and Kenneth Ronan, Boca Raton, FL of Lavalle, Brown, Ronan & Mullins, P.A. $104,860, Amieiro v. Aerial Banners Inc. 6/13/13 Broward Faulty landing instructions led to plane crash Hyram M. Montero, Fort Lauderdale, FL of Montero Law Center; Todd Payne, Fort Lauderdale, FL of Zebersky & Payne, LLP $100,000, Estate of Trapaga v. Cerrillo 5 Estate of Schoeff v. R.J. Reynolds Tobacco Co. 6 Whyte v. Abraham Armani MD PA 7 Estate of Grossman v. R.J. Reynolds Tobacco Co. 8 Kirkpatrick v. Cypress 9 Haughie v. Comprehensive Ob/ Gyn, P.A. 10 Estate of Karoussos v. Port Lucaya Marina Co. Ltd. 11 American Bridge Bahamas, LTD v. Ritz-Carlton Hotel 12 Estate of Wisekal v. Laboratory Corporation of America 13 Estate of Thurston v. R.J. Reynolds Tobacco Co. 14 Estate of Hall v. Ford Motor Co. 15 Estate of Kastenholz v. Lacayo SE 2nd Street v. Burdines Estate of Curtis v. Bygel 18 Naugle v. R.J. Reynolds Tobacco 19 Palm Beach Florida Hotel and Office Building Limited v. Nantucket Enterprise, Inc. 9/4/13 Miami-Dade 2/13/13 Broward 5/17/13 Broward 7/31/13 Broward 9/25/13 Miami-Dade 12/17/13 Palm Beach 2/10/14 Broward 5/14/14 Miami-Dade 4/16/14 Palm Beach 6/23/14 Palm Beach 1/25/13 Miami-Dade 12/12/13 Miami-Dade 6/24/14 Miami-Dade 3/6/13 Palm Beach 10/16/13 Broward 7/7/14 Palm Beach 20 Simms v. Kraft 1/24/14 Broward 21 Estate of Kemp v. Buckman 22 Crawford v. R.J. Reynolds Tobacco Co. 23 Parker v. Continental Tire America 24 Delisle v. A.W. Chesterton Co. 1/17/14 Broward 9/30/13 Miami-Dade 10/3/13 Palm Beach 9/18/13 Broward 25 Kern v. Cossar 3/27/14 Palm Beach 6 \ Ex-girlfriend helped man with killing of wife R.J. Reynolds hid dangers of cigarettes for 50 years Procedure inappropriate for man Husband contended tobacco company targeted teenagers Punitive damages in fatal DUI crash Hysterectomy caused bladder injuries, plaintiff contended Unlit buoy caused death of experienced boater Hotel partners misrepresented availability of funding Misreading of Pap smear caused cancer death Smoking caused mom's lung cancer death Ford rejected design changes to prevent rollovers Drunken driver killed son waiting on highway Investor conspired to avoid paying mortgage Bicycle fatality due to stop sign Cigarettes caused lung disease, need for oxygen tube Landlord wrongfully evicted tenant: Counter-plaintiff Initial rear-end collision caused spinal cord injury Drunken driver caused woman's death on highway shoulder Cigarette smoking caused throat cancer, plaintiff alleged Tire not properly inspected, resulted in blowout Cigarettes containing asbestos caused lung cancer Attack by three dogs caused multiple injuries Jorge C. Borron, Miami, FL of Law Office of Jorge Celestino Borron $44,000, Gary Paige, Pembroke Pines, FL of Gordon & Doner; Alex Alvarez, Coral Gables, FL of The Alvarez Law Firm Robert W. Kelley and Bonnie Navin, Fort Lauderdale, FL of Kelley/ Uustal, PLC Jonathan Gdanski, Brittany Chambers, Steven J. Hammer and Scott P. Schlesinger, Fort Lauderdale, FL of Schlesinger Law Offices, PA Michael T. Flanagan, Judd G. Rosen and Brett M. Rosen, Miami, FL of Goldberg & Rosen, P.A. Walter G. Campbell, Jr. and Scott S. Liberman, Ft. Lauderdale, FL of Krupnick Campbell Malone Buser Slama Hancock Liberman and McKee Robert L. Parks (lead), Coral Gables, FL of The Law Office of Robert L. Parks, P.L.; Theodore J. Fournaris, Coral Gables, FL of Fournaris & Sanet, P.A. Glen H. Waldman (lead), Miami, FL of Heller Waldman, P.L.; Eleanor T. Barnett, Miami, FL of Heller Waldman, P.L. $40,500, $38,570, $37,851, $35,000, $30,000, $21,700, $21,000, Sean C. Domnick, Palm Beach Gardens, FL of Domnick & Shevin PL $20,870, Rosalyn Sia Baker-Barnes, T. Hardee Bass, III, and Mariano Garcia, West Palm Beach, FL of Searcy Denney Scarola Barnhart & Shipley P.A. Kimberly L. Boldt, Boca Raton, FL of Boldt Law Firm, P.A.; Richard L. Denney, Norman, OK of Denney & Barrett, P.C.; Gustavo Gutierrez, Coral Gables, FL of Gutierrez & Gutierrez P.A.; Bruce R. Kaster, Ocala, FL of Kaster & Lynch, PA $20,004, $19,000, Edward R. Blumberg, Miami, FL of Deutsch & Blumberg, P.A. $15,350, Alaina Fotiu-Wojtowicz, and Michael S. Olin, Miami, FL of Michael S. Olin PA F. Gregory Barnhart, Matthew K. Schwencke and Karen E. Terry, West Palm Beach, FL of Searcy Denney Scarola Barnhart & Shipley, PA Todd R. McPharlin and John J. Uustal, Fort Lauderdale, FL of Kelley/ Uustal, PLC $14,308, $12,064, $11,646, Timothy W. Schulz, West Palm Beach, FL of Timothy W. Schulz, P.A. $10,800, Todd D. Rosen, Miami, FL of Law Office of Todd D. Rosen; John Scarola and Christian D. Searcy, Sr., West Palm Beach, FL of Searcy Denney Scarola Barnhart & Shipley, P.A. Gregg A. Silverstein and Darryn L. Silverstein, Aventura, FL of Silverstein, Silverstein & Silverstein, P.A. Randy Rosenblum, Miami, FL of Freidin, Dobrinsky, Brown & Rosenblum P.A.; Alex Alvarez and Phillip E. Holden, Coral Gables, FL of The Alvarez Law Firm Donald R. Fountain, Jr. and W. Hampton Keen, West Palm Beach, FL of Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin; Julie H. Littky-Rubin, West Palm Beach, CA of Clark, Fountain, La Vista, Prather, Keen & Littky-Rubin David A. Jagolinaer, Miami, FL of The Ferraro Law Firm, P.A.; Marc P. Kunen, Miami, FL of The Ferraro Law Firm, P.A. Paul M. Adams, Palm Beach Gardens, FL of Schwed, Adams, Sobel & McGinley, P.A. $10,096, $10,000, $10,000, $9,963, $8,000, $7,738, TO SEE A DIRECTORY OF ALL AV PREEMINENT RATED ATTORNEYS IN SOUTH FLORIDA VISIT AT.LAW.COM/SOUTHFLORIDATOPRATED

7 PROTECT YOUR BUSINESS INTELLECTUAL PROPERTY NEED TO KNOW Intellectual property isn t tangible. Although it s not typically something that you can hold in your hands, it belongs to your business just the same. It s as real as any piece of equipment. A variety of laws protect it against theft by other businesses. TRADEMARKS PROTECT YOUR IDENTITY Intellectual property includes the images, words, or sounds that distinguish your business from others in the marketplace. For example, the words Big Brown belong to UPS. When you hear that phrase, you make an automatic connection to that company. If your business logo is the name of your company inside a distinctive image of a starburst, this is intellectual property. You can protect it under trademark law. At the same time, you must be careful not to accidentally copy the trademark of another business. COPYRIGHTS PROTECT YOUR CREATIONS Copyright law protects artwork, music, and words. These things are also intellectual property when your business, or someone who works for your business, creates them. Examples include a jingle you create to use in radio advertisements, or an informative article posted on your website. If you copyright these things, no other business can use them without your permission. If you pay an independent contractor to create the jingle or the article, it s typically not your intellectual property unless the contractor assigns the rights to you or your business. PATENTS PROTECT INVENTIONS Patents protect your ideas for new products or processes. If you re sure that your idea is unique, that it will work, and that it s saleable, it might be worth the time and money to seek a patent. In the meantime, safeguard any tangible plans or notes by placing them in a safe deposit box or some other secure location. If someone makes use of your plans before you patent your idea, the law can no longer protect you. AS SEEN ON / 7

8 LEGAL TRENDS SOUTH FLORIDA LAW 2014 The lower half of The Sunshine State experienced major developments over the summer, including a bulk condo sale that will test current laws, and the call for a new congressional map has impacted voters and the State senate. As seen in HUGE AWARD FOR CIVILIAN PILOTS AND FLIGHT ATTENDANTS FLYING INTO WAR ZONE Las Vegas-based Vision Airlines flew flights under U.S. government contract, utilizing its fleet of 737s and 767s, to transport goods and personnel into Iraq and Afghanistan from 2005 to 2012 during the U.S. conflicts in the Middle East. The charter airline received hazard pay as part of its estimated $500 million worth of contracts with the U.S. government, plaintiffs say. In 2009, Texas pilot Gerald Hester filed a class-action suit in Las Vegas federal court on behalf of all pilots and flight attendants who worked on these lengthy flights, claiming unjust enrichment and that Vision pocketed their employees portion of the hazard pay. These are big, slow commercial aircraft flying into really hot war zones, Buckner said. These aircraft were at risk of being shot down. It was a very risky exercise. The case was wrought with drama, drawing sanctions for Vision Airlines for discovery abuses and untruthful testimony by its CEO William Acor. Plaintiffs succeeded at trial with a verdict and later with a settlement for a total award of $7.7 million. Plaintiff s case: Miami forensic accountant Barry Mukamal, currently at KapilaMukamal, testified on how Vision Airlines failed to pay its staff hazard stipends. Lead plaintiff Hester also testified on the dangers of the mission and the flights. Basically they needed to get State Department personnel and contractors in and out of Baghdad and Kabul, Buckner said. Because of discovery violations, Judge Hunt ended up striking Vision s answers to the complaint and entered a default as to liability, leaving only the matter of determining compensatory damages for the jury. Buckner and von Borke split duties as lead counsel in the case. Hartmann worked on the case when it originated at Kozyak, Tropin & Throckmorton and Goodman served as local counsel in Las Vegas. Defense case: Kohl did not return a phone call for comment on behalf of Vision Airlines. Buckner said Vision argued at trial that the class had been paid hazard pay through their regular pay, but the jury rejected Vision s claims. Verdict: The jury came back with a nearly $6 million award including interest for compensatory damages. Appeal: Vision Airlines appealed to the U.S. Circuit Court of Appeals for the Ninth Circuit based in San Francisco. Buckner argued the case for the class. The appeals court s opinion noted the discovery violations and Hunt s sanctions and directed the court to allow for punitive damages, Buckner said. The class also moved for an injunction to order Vision Airlines to produce hazard pay to class for the time during the trial and appeal. However, Vision said that there was only six to eight weeks left in the contract and plaintiffs dropped the matter. While preparing for the punitive damages portion of the trial, plaintiffs learned there was as much as two years left on the contract. Vision s CEO Acor testified to Hunt hat he did not know he was obligated to tell the truth about the remainder time on the contract, Buckner said. An angry Judge Hunt considered

9 holding Acor in contempt. Settlement: With another round of sanctions pending, Vision Airlines settled the punitive portion of the case for $1.7 million for about the amount sought through the injunction request. Comments: The Ninth Circuit opinion is a great opinion on the state of sanctions law. Everybody cites the case now because it was so brutal and they deserved it, Buckner said. Post-verdict: Vision Airlines had until Aug. 22 to pay the $1.7 million, which Buckner said is backed up by the company s bank. NEW LAW TESTED IN BULK CONDO SALE The Deal: In August, the legal team at Weiss Serota Helfman Pastoriza Cole & Boniske finalized the individual sale of 161 condominium units in Seashore Club South Condominium Association in Sunny Isles Beach for total of more than $75 million. Details: The Weiss attorneys, Joseph M. Hernandez, Joshua Krut, and Michael Popok, put in two-and-a-half years and litigated several lawsuits, including one against the buyer, to complete the sale of the 1950s-era building. The buyer, RDR Seashore LLC, intends to demolish the building at Collins Ave. to make way for new development. The Seashore Club owners had been interested in selling for years but waited until the real estate market appeared to be recovering from the recession. They retained the Weiss Serota firm to effect a sale in January The lead bidder was Gilbert Benhamou of Shefaor Development LLC, Hernandez said. Benhamou offered $82 million and put down a deposit. But prominent luxury developer Gil Dezer had the right of first refusal. Dezer refused to match the price, claimed it was not a genuine offer and the true value was much less. He filed a lawsuit in Miami- Dade Circuit Court, which was settled, Hernandez said. Benhamou dropped out of contention when Dezer sued. He formed the RDR Seashore joint venture with Rockpoint Group LLC to make the purchase, and a closing appeared imminent. In compliance with a new law passed by the Legislature to make it easier to sell condominiums, Krut and Hernandez developed a plan of termination, Michael Popok said. The structure of the sale was novel, Popok said. No one had tried it in a situation where all of the units were individually owned. Under the new state law, the association needed 80 percent approval but could not have 10 percent of the owners against the sale. The board obtained 92 percent approval. The seven holdouts forced the attorneys to consolidate seven lawsuits in a second round of litigation Circuit Judge Beth Bloom, who has since become a federal judge, refused to go along with the plan. She found the law unconstitutional as applied to the deal because it was retroactive. Bloom required 100 percent approval, Popok said. The association would have to come up with a way to legally circumvent the judge s ruling. The Weiss Serota team proposed Dezer should buy up all of the units from willing sellers to give the buyer control of the association board. He could then amend the condo declaration to lower the threshold for a sale to 80 percent. There was a coordinated closing involving most of the willing sellers in April. The rest closed in May, according to Miami-Dade property records. The form of contract was pre-negotiated by the board. They all got the same terms, Joshua Krut said. Popok estimated the average age of the sellers was 75, and a few died during the litigation. The 170-unit building was in poor shape and would not have passed a safety inspection for its 40-year recertification, Hernandez said. Originally operated as a motel, Seashore Club became a condo association in 1979, Hernandez said. The owners received more than $470,000 each for units rented mostly to vacationers. Standalone units were worth between $100,000 to $200,000 each as is. They took a lot of input from us because of the unique nature of this deal. We took the law for a test drive, and now they are going to try to improve it. JOSEPH M. HERNANDEZ, WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE The board had a really tough job. For over two years and eight lawsuits, they kept the community together. They really did a lot to help this transaction survive, Hernandez said. In her final ruling June 27, Bloom granted summary judgment in favor of the condo association, which was by then controlled by Dezer s development group. It was a major setback for the holdouts, Popok said. The deal was a learning experience, not just for the Weiss Serota team but for condo real estate professionals in general, Hernandez said. A legislative committee is working on revisions to the statute. They took a lot of input from us because of the unique nature of this deal. We took the law for a test drive, and now they are going to try to improve it, Hernandez said. LAWSUIT URGES JUDGE TO DRAW NEW CONGRESSIONAL MAP, IMPACTS STATE SENATE A coalition of voting-rights organizations and individual voters wants the Florida Supreme Court take up the legal battle over the state s congressional districts. In a notice of appeal filed in early September with the 1st District Court of Appeal, the groups which include the League of Women Voters of Florida also said they were giving up on having the lines changed in time for this year s congressional elections. That had emerged as a major flashpoint in the battle between the Republican-led Legislature and the voting groups about whether congressional districts violated the anti-gerrymandering Fair Districts constitutional amendments approved by voters in In July, Leon Circuit Judge Terry Lewis found that a congressional map approved by lawmakers in 2012 violated the continued on page 11 / 9

10 TOP RATED LAWYERS SOUTH FLORIDA S IN 2014 AT.LAW.COM/SOUTHFLORIDATOPRATED LAWS, REGULATIONS AND YOUR SMALL RETAIL BUSINESS NEED TO KNOW Many first-time business owners start in retail. Whether you re conceptualizing something mobile or a store in a fixed location, there are a number of laws you must obey and legal documents that you must obtain before you make your first sale. REAL ESTATE As you look for suitable space for your retail business, make sure that the property is zoned for retail. Many towns restrict the type of businesses that can operate in certain neighborhoods. You ll also want to check to see whether there are any restrictive ordinances that could make it difficult for your business to succeed. For example, a law that prohibits large signs could hinder efforts to advertise to passersby. A law prohibiting street parking could make it difficult for customers to shop at your store. LICENSES, PERMITS & REGISTRATIONS Before opening your store, it s important SHEEHE & ASSOCIATES, PA COMMERCIAL LITIGATION, INSURANCE LITIGATION to obtain all of the necessary licenses, permits and registrations. These are documents issued by government agencies that give your business the right to perform a certain action. Depending on the location of your store and the types of products you sell, you may need one or more of the following licenses, permits and registrations. City, county and/or state business license: This gives you the right to legally operate the business in your state. Sales tax license: Necessary if you will be collecting sales tax on its sales. State and federal tax registration: Provides you with an employer identification number available from the U.S. Internal Revenue Service and from your state s Department of Revenue, Comptroller or Department of Treasury. Weights and measures license: If your store has commercial weighing or measuring devices, such as deli scales or gas pumps, that equipment will be inspect- PAGE PROOF FOR APPROVAL ONLY ed and licensed (usually by the state Department of Weights & Measures) to ensure that your customers are receiving the exact amounts that they re paying for. Specialized licenses & permits: These may be necessary if you re selling certain types of items, such as liquor, tobacco, gasoline, firearms or lottery tickets. INSPECTIONS Your business may also receive periodic inspections from various government departments to ensure that your store is complying with all applicable laws. For example, the local fire department may conduct unscheduled inspections to make sure the store has clearly marked exits and no obvious fire hazards. AS SEEN ON When preparing for trial, attorney Phillip J. Sheehe founding partner of Sheehe & Associates, P.A. spares no expense with his time or his money. Sheehe will spend months poring over thousands of documents, interviewing scores of witnesses, and lining up experts from across the country. As the trial date approaches, Sheehe has been known to work 15 hours a day, seven days a week. We don t cut corners, Sheehe says. Our theory is that when we go into a courtroom we want to give our client the best opportunity to win, which means leaving no stone unturned. Sheehe is AV Preeminent rated by Martindale-Hubbell the organization s highest rating for legal ability and professional ethics and has handled complex litigation for more than three decades. He focuses his practice on commercial, products liability, and insurance cases that often require several weeks, if not months, to try. Indeed, one of Sheehe s cases involved a six-month jury trial in Miami that resulted in a favorable outcome against a national products company. With offices in Miami, Lake Mary and Pensacola, Sheehe is able to represent major corporations and individuals throughout the state of Florida. He also handles cases in federal court, and makes a point of taking on a range of cases so that he can remain skilled in multiple areas. Being in the courtroom and fighting for my clients brings me PHILLIP J. SHEEHE a lot of pleasure, he says. I enjoy winning, and I m good at it. PHILLIP J. SHEEHE CIVIL LITIGATION & TRIAL PRACTICE SOUTH FLORIDA ONE BISCAYNE TOWER, SUITE SOUTH BISCAYNE BOULEVARD MIAMI, FL PH: FAX: CENTRAL FLORIDA 100 COLONIAL CENTER PARKWAY, SUITE 240 LAKE MARY, FL PH: FAX: PSHEEHE@SHEEHEANDASSOCIATES.COM PENSACOLA 21 EAST GARDEN STREET SUITE 204 PENSACOLA, FL PH: \ TO SEE A DIRECTORY OF ALL AV PREEMINENT RATED ATTORNEYS IN SOUTH FLORIDA VISIT AT.LAW.COM/SOUTHFLORIDATOPRATED

11 continued from page 9 constitutional requirements. That led lawmakers to hold a special legislative session and redraw portions of the map. Lewis upheld the new map, despite arguments from the voting groups that it continued to violate the constitution. Lawmakers and elections officials said it s too late to try to hold elections under the redrawn lines in 2014 and that a new vote couldn t be scheduled until at least spring. Lewis agreed with the state on the scheduling issue, even though it means voters will cast ballots this year based on 2012 districts that were found unconstitutional. The voting-rights groups are asking for the Supreme Court to hear the dispute under a legal rule that allows the 1st District Court of Appeal to send cases to the high court if they include issues that are of great public importance or have a great effect on the proper administration of justice throughout the state. If that occurred, it would mark the first time that the justices have looked at a congressional map approved as part of the redistricting process following the 2010 Census. The Supreme Court struck down the first version of a map for the state Senate in 2012, then accepted a second draft approved by the Legislature. In his July ruling, Lewis said lawmakers put too many African- American voters into District 5, represented by Democratic Congresswoman Corrine Brown, in an apparent effort to channel those Democratic-leaning voters away from surrounding districts. Brown s district, which runs from Jacksonville to Orlando, has long been slammed by critics as one of the most gerrymandered in the nation. Lewis also found fault with an appendage of white voters added to the Orlando area s Congressional District 10. Lewis said the voters were placed in Republican Congressman Dan Webster s district to try to help the incumbent hold onto his seat. During the special session this month, lawmakers made changes to those districts, and the changes also had a ripple effect into surrounding districts. In their filing Friday, the organizations laid the groundwork for a broad appeal of Lewis orders, perhaps asking the Supreme Court to strike down districts that the judge found constitutional in July. The brief says Lewis July decision didn t become final until at least Aug. 1, when he ordered the Legislature to draw a new map. But if appellate courts decide that Lewis July 10 order striking down Congressional Districts 5 and 10 amounted to a final decision, then the organizations would be out of time to appeal that portion of the rulings. They could still challenge Lewis decision approving the changes the Legislature made to the map during the special session earlier in September. While much of the state s political establishment has focused on the congressional redistricting lawsuit and its possible effects on future elections, a related fight over the map for the state Senate is continuing. That case could eventually lead to new districts for the 40-member upper chamber, which, like the state House, is currently dominated by Republicans. Any final ruling against that plan would require a third draft of the Senate districts after the Florida Supreme Court tossed the original lawmaker-approved plan two years ago. PAGE PROOF FOR APPROVAL ONLY JEFFREY S. WEINER CRIMINAL DEFENSE JEFFREY S. WEINER Two Datran Center Suite South Dadeland Boulevard Miami, FL Ph: Fax: lawfirm@jeffweiner.com For 40 years, Jeffrey S. Weiner has been a staunch advocate for the preservation of our constitutional rights before, during, and after an arrest. A Board Certified Criminal Trial Advocate by the National Board of Legal Specialty Certification, he has represented clients throughout the United States, and has argued appeals before the United States Supreme Court, the Florida Supreme Court, and numerous Florida and Federal Courts of Appeal. In addition, Mr. Weiner represents U.S. citizens and foreign nationals in international criminal law matters, as well as members of various professions before regulatory agencies in matters involving licensure, disciplinary, grievance, and admission and re-admission issues. Mr. Weiner s distinguished legal career is marked by his discretion in his representation of clients; the all-too-typical media circus that surrounds many cases is avoided. Instead, cases are handled with discretion, the paramount focus being on the best interests of his clients. Mr. Weiner s history of service includes terms as President of the National Association of Criminal Defense Lawyers (NACDL), President of the Florida Association of Criminal Defense Lawyers, Chair of the Miami-Dade Bar Association s Criminal Court Committee and Chair of the Academy of Florida Trial Lawyers Criminal Law Section. He is a Fellow of the American Board of Criminal Lawyers. In addition to his numerous organizational accolades is the recognition he has received from his peers in being named to Florida Trend magazine s Florida Legal Elite, which singles out less than 2 percent of the nearly 66,000 Florida Bar members practicing in Florida. He has been selected for inclusion in The Best Lawyers in America 2014, South Florida Legal Guide s Top Lawyers, and Florida Super Lawyers, and he is AV rated by Martindale-Hubbell, which is the highest possible rating in both legal ability and ethical standards. A frequent lecturer and author, Mr. Weiner is the recipient of NACDL s highest honor, given to the one criminal defense attorney who best exemplifies the goals and values of the Association, and the legal profession. / 11

12 SOUTH FLORIDA S TOP RATED LAWYERS IN 2014 NEED TO KNOW AT.LAW.COM/SOUTHFLORIDATOPRATED KNOW YOUR CHILD CUSTODY AND VISITATION RIGHTS L osing full-time access to your children in the wake of a divorce can be a difficult experience. Unless a court has terminated your parental rights, you still have the right to limited visitation and participation in the welfare of your children. All state courts make custodial decisions based on the best interests of the children involved. Each state defines a child s best interests in different ways, and not all of them list exact criteria in their family law codes. The bests interests standards in most states protect children from being plucked out of one home and forced to move into another because their parents are divorcing. If parents live separately for a while before fi ling for divorce, the parent the children have been living with usually has the advantage, especially when that parent stays in the family home. When parents have not been living separately, the one who previously took care of the children on a regular basis during the marriage may be favored. PAGE PROOF -- FOR APPROVAL ONLY Diana Santa Maria and her firm have been representing persons injured or harmed by the negligence of others for over 20 years. The firm s practice, exclusively devoted to Plaintiff Personal Injury, Wrongful Death & Medical THE FIRM CONCENTRATES ITS PRACTICE IN: Malpractice, is recognized for its excellence in advocacy and adherence to the highest standards of ethics and professionalism in its pursuit of justice. Throughout its history, the firm has obtained multimillion-dollar verdicts and settlements for victims of all types of transportation accidents, including bus, train trucking and auto cases. The firm has also successfully handled cases involving catastrophic injuries and deaths on construction sites, Catastrophic Injury Auto, Motorcycle & Trucking accidents Construction site accidents Medical Malpractice Nursing Home Neglect Products Liability Inadequate Security Defective Drugs & Pharmaceutical Devices drownings in public and hotel pools, medical errors in hospitals and nursing homes, falls and criminal assaults in public places resulting from inadequate security. Whatever the case, the common denominator is always S A NTA M A RIA L AW.NE T the same; when an unsafe practice or product results in 5220 SO. UNIVERSITY DR. harm due to neglect or indifference to safety, the criteria FORT LAUDERDALE, FL is met for the firm s embarking on a quest for justice, SUITE 205 C PH: compensation and correction. ALL 12 \ CONS ULTATIONS FAX: BEST INTERESTS OF THE CHILD In deciding which parent becomes the custodial parent, the courts consider the best interests of the children. Th is usually means the best care and the least amount of change. The parent who can offer the children the least amount of disruption in their lives will receive physical custody, which includes familiarity with the house, neighborhood, and schools. When both parents are incapable of caring for a child, nonparental custody can be granted. YOUR VISITATION RIGHTS The court will issue a written custody order that sets out your rights as a noncustodial parent. Th is has the force of law and you could face legal consequences for violating its terms. The custody order will explain your visitation rights in detail and outline responsibility for transportation to your home or another location where you will spend time with your children. AS SEEN O N AR E F R E E. S E HABLA ES PA NOL

13 IN A PERSONAL INJURY CASE, A SETTLEMENT MAY BE BEST NEED TO KNOW If you are injured in a car accident or other incident, someone is often legally responsible for your injury. Filing a personal injury claim could help you obtain compensation from the responsible party to pay your medical bills, as well as other losses.. When you settle with the other party, you accept payment for your injury and agree not to sue that party. Even if insurance covers your medical bills, you may (depending on the circumstances) still file a claim for damages. Damages include lost wages, damage to your property, any permanent disability, rehabilitation, and present and future pain and suffering. While some personal injury cases are decided by a judge or jury in a courtroom, many are settled out of court. If your case goes to court, the process can take several years from beginning to end. If you settle the case instead, the defendant pays an agreed-upon sum of money soon after everything is signed and ready. This agreement should include a statement that you release the other party from responsibility. If you ve already filed a lawsuit in court, you will have to agree to drop the case against the other party promptly. Settlements can be reached at any point. Often, the insurance company will make a settlement offer after review of your records and medical expenses. However, some cases settle after both sides have presented evidence to the judge. In many courts, the parties are required to attend settlement conferences before starting a trial. COMING TO FINANCIAL TERMS You must provide the party responsible for your accident with information about your injuries, expenses, and your need for future treatment. Evidence might include medical records, hospital bills, pay stubs, and witness statements. The defending side may ask for a medical examination by a doctor of its choosing. It may hire expert witnesses to disprove your version of the case. Your lawyer can help you estimate how much money you might receive after a trial instead of accepting a settlement. Settlements may be paid in a lump sum or in periodic payments. A structured settlement involves buying financial products called annuities that pay a certain amount every month or year until the total is paid in full. This arrangement can reduce taxes but won t allow you to buy a house or other expensive item because you re getting smaller payments over time. Personal injury litigators often accept cases on contingency bases, meaning that they are not compensated, beyond expenses, unless damages are awarded. AS SEEN ON The Bennett Law Center PERSONAL INJURY, CRIMINAL LAW, CIVIL LAW Scott B. Bennett is a native South Floridian, who is fluent in both English and Spanish, graduating top of his class in 1991, receiving his Juris Doctorate from the University of Miami School of Law. He has interned with the State Attorney s Office and studied International and Comparative Law in Oxford, England. Mr. Bennett has more than 20 years of experience, winning multiple million-dollar settlements and successfully defending numerous federal criminal cases. He received an AV rating from Martindale-Hubbell and is a Life Member of the Million Dollar Advocates Forum. Martindale-Hubbell ratings are determined by the confidential opinions of other attorneys. He is also admitted to practice in the Southern U.S. District Court of Florida and is a member of the U.S. Federal Trial Bar. Knowledge and experience make a winning combination. SCOTT B. BENNETT 3377 SW 3rd Ave., Miami, FL / 13

14 TOP RATED LAWYERS SOUTH FLORIDA S IN 2014 AT.LAW.COM/SOUTHFLORIDATOPRATED NEED TO KNOW MEDICAL NEGLIGENCE AND MALPRACTICE HOW CAN YOU PROTECT YOURSELF? If you are a victim of a treatment that led to short- or long-term effects on your health, you may be able to receive compensation for hospital bills, loss of income, or pain and suffering caused by the procedure. It is important to know where the blame lies in these cases so that you can protect yourself in the future. PAGE PROOF -- FOR APPROVAL ONLY HICKS, PORTER, EBENFELD & STEIN, P.A. Steven H. Preston Cindy L. Ebenfeld Mark Hicks The firm congratulates the Martindale-Hubbell AV Rated Partners for being selected as Top Rated Lawyers by ALM Hicks, Porter, Ebenfeld & Stein, P.A. offers services in the following fields: APPELLATE INSURANCE COVERAGE AND BAD FAITH INSURANCE DEFENSE COMMERCIAL LITIGATION PRODUCTS LIABILITY ADMIRALTY AND MARITIME LAW MEDICAL MALPRACTICE MIAMI 799 Brickell Plaza, Suite 900, Miami, FL ph: fax: BROWARD Sheridan Street, Suite 104, Hollywood, FL ph: fax: Offices in Tampa and Gainesville Dinah S. Stein Gary A. Magnarini NEGLIGENCE VS. MALPRACTICE WHAT S THE DIFFERENCE? While negligence and malpractice are often used interchangeably, there are important differences between the two. Negligence is defined as conduct that fails to meet the standard of care for a patient, whereas malpractice is considered improper, illegal, or unprofessional activity or treatment. It is possible for medical negligence to fall under the category of malpractice. Treatments that are classified as negligence rather than malpractice usually involve a lack of action on the part of the physician. For example, if a patient entering the hospital is wearing a medical alert bracelet which the staff fails to notice, and that person receives improper treatment as a result of this, the hospital can be sued for negligence. In comparison, a doctor who misdiagnoses a condition and then performs surgery might be accused of malpractice if, based on the evidence, other competent doctors would not have made the same mistake. LACK OF INFORMED CONSENT One kind of medical malpractice is based on a doctor s failure to adequately inform you about a proposed medical procedure or treatment. You have the right as a patient to determine what you want done to your body. If you re not given the right informa- 14 \ TO SEE A DIRECTORY OF ALL AV PREEMINENT RATED ATTORNEYS IN SOUTH FLORIDA VISIT AT.LAW.COM/SOUTHFLORIDATOPRATED

15 tion and you re injured during the treatment, you may have a medical malpractice case. Consent merely means your doctor gives you information about a medical treatment and you agree to it. You may consent verbally or by an act showing consent, butmost states require written consent. You need to be told about and understand many things before treatment begins, including: The name of the doctor performing the procedure and their qualifications. Your medical condition. The purpose of the proposed procedure. The risks involved. Any alternative treatments or procedures and the risks involved. The chances of the procedure s success. The expected recovery time. The approximate cost of the procedure and whether it is likely to be covered by your health insurance. Signing an informed consent form doesn t mean your doctor or the hospital can t be liable for malpractice. If the doctor exceeds the consent you gave, it may be malpractice. Proving your doctor didn t get your informed consent is not always enough to win a medical malpractice lawsuit. There must be a connection between the lack of informed consent and your injury. You must prove that with the right information you would not have consented to the treatment and the outcome would have been different. WRONG-SITE SURGERY Despite procedures to prevent it, wrongsite surgery is on the rise. The Joint Commission estimates wrong-site surgery happens 40 times a week on average. The number of cases reported to the Joint Commission nearly doubled in 2010 as compared to According to the Joint Commission s policies, hospitals are supposed to follow a triple-check system before conducting any surgery. Before entering the operating room, the hospital is supposed to check: If they are treating the right patient. The right part of the body. The right procedure has been recommended. In the operating room, the protocol requires a time-out and final verification of what s to be done before beginning surgery. During this check, all of the professionals involved must agree unanimously on the proceedings. To prevent wrong-site surgery, become educated about your procedure, and ask for a second opinion before it is done. PAGE PROOF FOR APPROVAL ONLY AS SEEN ON NEED TO KNOW PATIENT ABANDONMENT Once a doctor-patient relationship is created, the doctor is obligated to treat the patient until the relationship ends. The doctor s duty to treat a patient includes coverage for the patient when the doctor is away or otherwise unable to attend to the patient. Abandoning a patient without making reasonable plans for care is unprofessional, and considered medical malpractice. ASK THE RIGHT QUESTIONS Protect yourself against malpractice and negligence do not be afraid to ask your doctor questions or to walk away if something doesn t feel right. Gaebe, Mullen, Antonelli & DiMatteo Law Offices ebe, Mullen, Antonelli & DiMatteo Law Offices peers and Martindale-Hubbell for our selection as an AV Preeminent Law Firm From left: Anthony DiMatteo, Mark R. Antonelli, Christienne H. Sherouse, Joseph M. Winsby, Matthew C. Martin, Michael A. Mullen, Maximo A. Santiago, Carlos B. Salup, James S. Robertson, III, Devang Desai, Greg M. Gaebe, Elaine D. Walter ors works to advance corporate, institutional interests from We courtrooms thank to our boardrooms, peers and Martindale-Hubbell for selecting 13 of our lawyers as AV Preeminent through trial GAEBE and appeal. MULLEN ANTONELLI & DIMATTEO takes great pride in acknowledging our attorneys who earned Martindale-Hubbell s highest rating, AV Preeminent an outstanding achievement. GMA Greg is Gaebe dedicated to achieving Michael A. Mullen excellence and Mark favorable R. Antonelli results for our clients through the application of legal nelli & DiMatteo s knowledge equity and skill partners with the utmost professional and ethical ability. We are proud to know that countless lawyers and judges have witnessed our attorneys in t more than the a pursuit century and representing achievement of excellence. The GMA team of 19 litigators is committed to consistent representation of corporate, institutional, and individual rs in all aspects clients of interests litigation from and courtrooms to boardrooms, through investigation, mediation, trial and appeal. The GMA team of seasoned attorneys, together with our new associates, continues the firm s almost 30-year history of serving our clients with a sophisticated litigation support system and contemporary Anthony DiMatteo concepts to Christienne attain the Sherouse best possible James outcome. S. Robertson, III Medical Admiralty Malpractice & Maritime Medical Malpractice Miami-Dade Municipal Appeals Liability Municipal Liability 420 South Dixie Highway, Third Floor Nursing Bad Faith Home Litigation Litigation Nursing Home Litigation Coral Gables, FL Civil Litigation Premises Liability Premises Tel: Fax: Civil Rights Liability Products Liability Products Commercial Liability Litigation Professional Liability West Palm Beach Commercial Law Sexual/Child Abuse Law 105 South Narcissus Avenue, Suite 701 Professional Consumer Liability Rights Trucking/Auto MiaMi-DaDe Litigation West PalM BeaCh West Palm Beach, FL Trucking/Auto Insurance Coverage Litigation Wrongful Death South Dixie Highway, Third Floor 105 South Narcissus Avenue, Suite 701 Tel: Fax: Child Abuse & Sexual Coral Gables, FL West Palm Beach, FL Abuse Law Tel: Fax: Tel: Fax: Your business advocates since 1985 Your business advocates since / 15

16 TOP RATED LAWYERS SOUTH FLORIDA S IN 2014 AT.LAW.COM/SOUTHFLORIDATOPRATED Armas, Bertran & Gardner is a premier trial law firm. J. Alfredo Armas has practiced in Florida for 30 years. The lawyers at Armas, Bertran & Gardner have built a reputation as fiercely tenacious advocates and are held in high esteem by our peers. We are rated Preeminent in the Bar Register of Preeminent Law Firms and Mr. Armas is rated AV 5 out of 5 by Martindale-Hubbell, which is the very highest designation given to lawyers by their peers. We assure our clients that each one of us is committed to the success of every case. We handle a broad range of trial work, from complex multimillion-dollar commercial litigation to wrongful death civil trials. Most of our cases are referred to us by fellow lawyers a vote of confidence we are justifiably proud of. We protect our referral lawyers. ARMAS, BERTRAN & GARDNER Please consider us when you are faced with a complex legal matter. We will be happy to arrange a free consultation. ARMAS, BERTRAN & GARDNER 4960 SW 72ND AVENUE, SUITE 206, MIAMI, FL PH: ALFRED@ARMASLAW.COM COMMERCIAL LITIGATION, LABOR & EMPLOYMENT, CONSTRUCTION LAW SPENCER FOX FAMILY LAW, COMMERCIAL LITIGATION Spencer Fox brings more than 30 years of experience in Marital & Family Law, specializing in Divorce. He has a unique approach, which focuses on developing strategies that will provide clients with both strong advocacy in the courtroom as well as guidance in achieving fair, equitable and amicable agreements. Spencer is skilled when it comes to complex cases and litigation; whether they involve financial issues, child support & custody, mediation, domestic partnerships, pre and post nuptial agreements, relocation (domestic and abroad), paternity, or collaborative law, to name but a few. If divorce is pulling a client s life apart, Spencer will put the pieces back together. Spencer also brings expertise in Real Estate and Corporate Law to complex cases, and is able to offer a strategy which resolves all issues involved in each case. Spencer s reputation in the legal community is second to none. He is also one of the founders of the Collaborative Family Law Institute and is a frequent speaker at events covering a variety of Marital & Family Law related topics. SPENCER FOX P.A. 201 S. BISCAYNE BLVD., 27TH FLOOR MIAMI, FL PH: FAX: SF@SPENCERFOXLAW.COM ENA T. DIAZ LABOR & EMPLOYMENT A Balanced View of Federal and Florida Employment Laws Ena T. Diaz is an experienced employment lawyer who offers bilingual, personal and professional legal services to businesses and individuals, particularly high-level executives. Ms. Diaz assists employers understand employment law issues and recommends solutions for the business. Ms. Diaz offers a practical and straightforward approach to resolving employment law disputes without extensive litigation, when possible. Her solid employer-side background is an asset when Ms. Diaz represents individual employees. This experience allows her to quickly assess the strengths and weaknesses of potential cases. She is a frequent speaker at programs and seminars on employment law matters. Ms. Diaz also serves as a mediator and arbitrator on employment law matters. She is a certified Circuit Civil Mediator by the Florida Supreme Court and a certified mediator by the U.S. District Court, S.D. of Fla. Ms. Diaz is AV Preeminent rated by Martindale-Hubbell. She earned her law degree with honors from Southern Methodist University and received her undergraduate degree from Duke University. ENA T. DIAZ, P.A. 999 PONCE DE LEON BLVD., SUITE 720 CORAL GABLES, FL PH: FAX: ALAN GOLDFARB CIVIL LITIGATION, PERSONAL INJURY, MEDICAL MALPRACTICE Alan Goldfarb, P.A. is a premier civil litigation firm that maintains an unwavering commitment to obtaining justice for its clients who are victims of catastrophic injuries and wrongful death, including automotive accidents, medical malpractice, maritime-related incidents, construction, job-site accidents, products liability, and other litigation. The firm is relentlessly devoted to outworking and outmaneuvering its opponents to secure maximum results for each client. Founded over 41 years ago, the firm has received the highest ratings in the industry, including the prestigious Martindale-Hubbell AV rating. The firm has also consistently been selected to the South Florida Legal Guide s List of Top Law Firms and Attorneys since its inception. For the founding member, Alan Goldfarb, life and law have spanned from courtside to courtroom. The competitive edge he honed as an All American basketball player and Division I player at Clemson University would later serve him well in life and in the courtroom. Alan Goldfarb has been among the top 1.9% of Florida attorneys to be nominated by his peers for inclusion in Florida Legal Elite every year of its publication. He was also chosen as an original member of the Miami Chapter of the American Board of Trial Advocates. He has been selected for years in the Best Lawyers in America. The firm was also selected as a finalist on two occasions for The Most Effective Lawyers award in the Daily Business Review. ALAN GOLDFARB, P.A. 100 SOUTHEAST 2ND STREET, SUITE 4500, MIAMI, FL PH: , TOLL FREE: FAX: \ TO SEE A DIRECTORY OF ALL AV PREEMINENT RATED ATTORNEYS IN SOUTH FLORIDA VISIT AT.LAW.COM/SOUTHFLORIDATOPRATED

17 CHALLENGING A WILL MAY LEAVE YOU WITH NOTHING NEED TO KNOW Challenging a will is difficult, but it can be done. You can challenge a will if facts indicate that the will was not properly made or was the result of fraud, mistake, or improper influence on the person who prepared the will referred to as the decedent after death. A valid will requires that the decedent possessed testamentary capacity, sometimes referred to as having a sound mind, at the time the will was made. The decedent must also have met the state s minimum age requirement. Challenging a will on the basis of capacity typically requires showing that the decedent did not understand the nature and extent of the property or the identity of natural heirs. Typically, such a challenge requires medical evidence showing mental impairment. A challenge of undue influence means the decedent did not make the will of free choice, but solely due to the improper influence of another person. A common situation that leads to such a challenge is where a lone sibling cares for an infirm parent, and the caregiver sibling receives a greater portion of the parent s estate than other siblings. This is particularly true if the parent has changed the will while under the care of the sibling and if this fact was kept secret from the other siblings. FRAUD OR MISTAKE A will can be challenged for fraud, such as when pages have been inserted after the decedent signed the will or the decedent s signature is forged. If the will was not executed properly, with only one witness signature when two are required, for example, the will can be challenged as invalid. Sometimes a will that has been previously revoked is mistakenly (or purposefully) submitted for probate. This version will be rejected when the superseding will is provided. You challenge a will by filing an appropriate petition in the state probate court that PAGE PROOF FOR APPROVAL ONLY FOX ROTHSCHILD LLP has control over the decedent s estate. The type of petition, the basis for the challenge, and the likely results depend on the state law where the court is located. Each state s law has its own rules, which can differ. Challenging a will because you believe your inheritance should be greater involves a risk of violating the no-contest clause. If you fail, the will is valid and the no-contest clause will prevent you from receiving the inheritance left to you. State law varies regarding the conditions under which a nocontest clause is valid. AS SEEN ON BUSINESS & COMMERCIAL, TAXATION, TRUSTS AND ESTATES Jerald David August, Co-Chair of the Taxation & Wealth Planning Department at Fox Rothschild LLP and a nationally recognized tax lawyer, advises clients on the tax impacts of structuring international and domestic business transactions. He also advises high-net-worth individuals, both U.S. citizens and non-residents, on estate planning matters. He is further engaged in tax controversy and litigation matters. August, who graduated from the Wharton School of the University of Pennsylvania, received his law degree from the University of Pittsburgh School of Law and his LL.M. in Taxation from the New York University School of Law. After practicing tax law for 10 years in Palm Beach, he was admitted as partner in the Miami firm Steel Hector & Davis in In 1988 he founded his own firm, a tax law boutique, which in 2005 merged with Fox Rothschild, a national law firm with more than 500 lawyers in 18 cities across the country. August, who grew up in Wynnewood and is a proud alumnus of Lower Merion High, centers his practice at Fox Rothschild in Philadelphia and resides in Haverford, Pennsylvania, with his wife, Susan. He also practices at the firm s West Palm Beach office and maintains a residence in Jupiter, Florida. He is an active member of the American Law Institute and has published numerous articles on federal taxation for national law journals. August has frequently spoken on matters of federal taxation for the American Law Institute, the Tax Section of the American Bar Association, the New York University Federal Institute on Taxation, the NYU Graduate Tax Law Program, and the Tax Sections of the Philadelphia, Pennsylvania, and Florida Bar Associations. He is the Editor-in-Chief of the Journal of Business Entities, a national tax publication, and the former Editor-in-Chief of the Tax Lawyer, a preeminent tax law review. He has been selected for inclusion in Super Lawyers and The Best Lawyers in America for many years. Additional honors include Band 1 Chambers for Taxation and recognition in Philadelphia s Top Rated Lawyers for the past two years. He also publishes a blog on Federal Taxation at Fox Rothschild s website. JERALD DAVID AUGUST 2000 MARKET ST., 21 ST FLOOR, PHILADELPHIA, PA PH: FAX: JAUGUST@FOXROTHSCHILD.COM 222 LAKEVIEW AVE., STE 700, WEST PALM BEACH, FL PH: FAX: / 17

18 TOP RATED LAWYERS SOUTH FLORIDA S IN 2014 AT.LAW.COM/SOUTHFLORIDATOPRATED JOHN H. (JACK) HICKEY CIVIL LAW, PERSONAL INJURY, PRODUCTS LIABILITY John H. (Jack) Hickey is a graduate of Florida State University (magna cum laude, Phi Beta Kappa) and of Duke Law School. He is Double Board Certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law. Hickey is Past President of the Dade Bar Association and currently serves on The Florida Bar Board of Governors. He is rated AV Preeminent by Martindale-Hubbell and has been named by his peers to the Legal Elite by Florida Trend magazine, as a Top Lawyer by the South Florida Legal Guide, and as a Super Lawyer by Superlawyers.com. For the first part of his career, Hickey was a defense lawyer for cruise lines, railroads, and insurance companies. For the past 17 years, Hickey has been on the other side, representing people in personal injury and wrongful death cases in the areas of cruise line claims, products liability, premises liability, auto and truck accidents, and medical malpractice. He also practices complex commercial litigation. Hickey has won many multimillion-dollar jury verdicts. HICKEY LAW FIRM, P.A BRICKELL AVENUE, SUITE 510, MIAMI, FL PH: FAX: SHANNON L. ROUNTREE, ESQ. ESTATE, TRUST & GUARDIANSHIP LAW Shannon L. Rountree is a seasoned probate attorney with a strong litigation background having collectively tried over 100 jury and non-jury trials. With an AV Preeminent Peer Review Rating and a 5.0 Client Review Rating through Martindale-Hubbell, she has received the highest recognitions given to attorneys by their peers and clients. In 2013, Shannon was distinguished as a top attorney in Florida Trend s Florida Legal Elite. Through her active participation with the Probate and Trust Law Division of the Real Property Probate and Trust Law Section of the Florida Bar, Shannon is at the forefront of new legislation affecting probate and trust matters. She is currently serving on a subcommittee tasked to draft new legislation to address the admissibility of examining reports in guardianship proceedings. Shannon represents nationwide clients on estate, trust and guardianship matters throughout Florida. She places a strong emphasis on direct and open client communication while providing cost-effective lawyer services. With her courtroom experience and well-versed knowledge of current and upcoming laws, Shannon is able to efficiently navigate her way through complex estates while drafting estate plans aimed at minimizing litigation potential. THE LAW OFFICE OF SHANNON L. ROUNTREE, P.A. 601 HERITAGE BLVD., JUPITER, FL PH: FAX: ROUNTREELAW@GMAIL.COM Arthur J. Laplante of the national law firm Hinshaw & Culbertson LLP is an experienced trial lawyer who concentrates his practice in national and regional representation of Fortune 500 clients throughout the country. He is also national trial counsel for companies involving trucking, products liability, and professional liability as lead trial counsel on matters going before a jury and to verdict throughout the country. Mr. Laplante s practice includes representation of clients in complex, multidistrict and class action litigation. His approach includes early evaluation and defense plan; resolution by ADR when reasonable and appropriate; and trial when necessary and warranted. His areas of specialty include professional liability, products liability, transportation and retail. Mr. Laplante is rated by Martindale Hubbell as an AV Preeminent Lawyer and is a member of the American Board of Trial Advocates. Mr. Laplante is admitted to the Florida Bar and the U.S. District Courts for the Southern, Middle and Northern Districts of Florida. ARTHUR J. LAPLANTE PROFESSIONAL LIABILITY, TRANSPORTATION, PRODUCTS LIABILITY HINSHAW & CULBERTSON LLP ONE EAST BROWARD BOULEVARD, WELLS FARGO BUILDING, SUITE 1010, FT. LAUDERDALE, FL PH: ALAPLANTE@HINSHAWLAW.COM Gregory Tendrich represents investors, brokerage firms and stockbrokers in all securities and investment related disputes. On behalf of the investor, the firm seeks the recovery of losses stemming from mismanagement, misrepresentation, churning, unauthorized trading, fraud, negligence, breach of fiduciary duty, elderly abuse and unsuitable investments. On behalf of brokerage firms and stockbrokers, the firm assists with employment and licensing issues, wrongful termination, contract disputes, compensation, debt collection, U-4 & U-5 issues, and regulatory enforcement and disciplinary actions pursued by the SEC, FINRA, NFA and other agencies. Mr. Tendrich earned his law degree from the University of Miami in 1987 and received a BSM from Tulane University School of Business in He is a former Assistant Public Defender in Palm Beach and spent a decade as Assistant General Counsel to several brokerage firms including First Union and Wachovia. Mr. Tendrich is a Florida Supreme Court Certified Court Mediator and is the immediate past Chair of the Florida Bar s Fifteenth Circuit Grievance Committee G. He is also a Certified Arbitrator and Mediator with FINRA. GREGORY TENDRICH, P.A NORTH FEDERAL HIGHWAY BOCA RATON, FL PH: FAX: GREGORY TENDRICH, ESQ. SECURITIES, ARBITRATION, MEDIATION 18 \ TO SEE A DIRECTORY OF ALL AV PREEMINENT RATED ATTORNEYS IN SOUTH FLORIDA VISIT AT.LAW.COM/SOUTHFLORIDATOPRATED

19 Dillon Graham Foreclosure Defense Graham Legal, P.A. O: F: Ponce de Leon Boulevard. Ste 410, Coral Gables, FL Dillon Graham is an AV Peer Review Rated Lawyer who has been named to Super Lawyers, Legal Elite, and Who s Who in American Law. Mr. Graham has 30 years of experience exclusively related to civil trial law and has extensive experience in the areas of consumer law, personal injury and insurance law. Mr. Graham is the founder of Graham Legal, P.A., and has dedicated his career to defending consumers against those that have caused them harm due to their negligent behavior including foreclosure defense, and personal injury. Mr. Graham s philosophy is that good people deserve to be protected. The law firm of Graham Legal believes that quality legal representation should not be limited to those who can afford large fees. Therefore, they have made it their mission to represent individuals and their families against corporate entities and other large institutions who refuse to treat them fairly. Mr. Graham is a member of the Florida Bar, U.S. Supreme Court Bar, and U.S. District Courts of Florida. CONSUMER LAW PERSONAL INJURY LAW AND INSURANCE LAW BORGOGNONI LAW, P.L. BUSINESS LITIGATION HEALTH CARE LAW INTELLECTUAL PROPERTY LABOR AND EMPLOYMENT GREGORY BORGOGNONI 2525 PONCE DE LEON BOULEVARD, SUITE 300 CORAL GABLES, FL PH: FAX: GB@GBRFLAW.COM Gregory Borgognoni works with businesses and individuals to help them effectively solve problems that arise out of complex commercial transactions, including disputes relating to health care, intellectual property, labor and employment, and other laws and regulations governing business transactions. He also is experienced in administrative and governmental law, appellate practice, and health care industry transactions. As a trial and appellate attorney, Mr. Borgognoni has been chosen by clients to handle significant matters in courts throughout Florida and around the nation. Those clients have included numerous providers of health care and related services, several of the world s largest solid waste and environmental services companies, one of the nation s largest specialty retail chains, major financial institutions, prominent real estate developers, and established and start-up technology companies. As a leader in the community and the profession, Mr. Borgognoni has chaired or served on many bar association committees, and has been appointed to leadership positions on various city and county advisory boards. He frequently has been chosen to write, speak or lecture on legal topics for The Florida Bar and major industry associations. Mr. Borgognoni has been awarded the AV Preeminent rating by Martindale-Hubbell, the highest possible rating for both legal ability and professional ethics. SECURITIES AND INVESTMENT FRAUD ATTORNEYS Tony Santos // Legal Solutions Meeting the Challenges of New Technologies // Complex Cross-Border Transactions Worldwide 200 SOUTH BISCAYNE BOULEVARD, SUITE 2790 MIAMI, FL PH: SILVER LAW GROUP CONGRATULATES SCOTT SILVER, DAVID SILVER, AND ADOLFO ANZOLA FOR MAKING THE LIST Our attorneys represent institutional and retail investors in securities arbitration and State or Federal Court litigation against stockbrokers, investment advisors, and other financial institutions to resolve investment disputes. We are known for our skill and experience prosecuting cases of investment fraud and recovering investment losses. FINRA Arbitration State or Federal Court Alternative Investment Fraud SEC Whistleblower claims Ponzi Scheme Receiverships Hedge Fund Management Fraud We proudly represent small and large investors across the United States. Referral fees happily paid in accordance with Florida Bar rules. To learn more about us, please visit silverlaw.com or call us Toll Free at W. Sample Road Coral Springs, FL Phone: (954) or Toll Free: (800) Satellite Offices: New York Boca Raton Washington, DC / 19

20 INJURY FIRM WITH TOP RATED TALENT ALSO INSIDE A SPECIAL ADVERTISING SUPPLEMENT DISTRIBUTED WITH THE MIAMI HERALD AND THE WALL STREET JOURNAL SOUTH FLORIDA PROTECT YOUR BUSINESS DIVORCED PARENTS: KNOW YOUR CHILD INTELLECTUAL PROPERTY CUSTODY AND VISITATION RIGHTS LAW 2014 PAGE 7 PAGE 12 PAGE 8 PRESENTS APPEARING WITH TOP RATED LAWYERS SOUTH FLORIDA S IN 2014 AT.LAW.COM/SOUTHFLORIDATOPRATED FLORIDA BANKRUPTCY INFORMATION NEED TO KNOW Bankruptcy is governed by federal law, which means that it is basically the same from state to state. In a Chapter 7 filing, debtors places most of their remaining assets with the bankruptcy court, which divides up the assets among the persons who are owed money by the debtors. A Chapter 13 filing is used where the debtors have enough money to pay part of their debts and asks the bankruptcy court to set up a reorganization plan to pay the outstanding bills. Under both filings, the debtor emerges from bankruptcy with most outstanding bills erased. FLORIDA VENUES TO FILE FOR BANK- RUPTCY Florida has three districts where federal bankruptcy courts are located: the Northern District (Tallahassee), the Middle District (Orlando, Jacksonville, Tampa and Fort Myers), and the Southern District (Miami, West Palm Beach and Fort Lauderdale.) You must file for bankruptcy in the district in which you live. CHAPTER 7 BANKRUPTCY INCOME ELIGIBILITY If your average monthly income is less than Florida s median income, then you are eligible to file Chapter 7. If your average monthly income is greater than or equal to Florida s median income, then you are not eligible to file Chapter 7 unless you pass a stringent means test. PROPERTY PROTECTED FROM BANK- RUPTCY PROCEEDINGS Exemptions are property allowed to be excluded from the bankruptcy proceedings. In Florida, federal exemptions are not available. State exemptions include: Homestead Your house, mobile or modular home, or condominium with no monetary limit (may not exceed half-acre in a municipality or 160 acres elsewhere) Personal property Prepaid accounts like hurricane savings, medical savings and college education trust deposits; motor vehicle up to $1,000; pre-need funeral contract deposits; any personal property up to $1,000 or $4,000 if no homestead claimed Wages 100 percent of earnings for head of family, up to $750 a week; federal government employees pension payments needed for support and received up to three months prior to bankruptcy Pensions Tax-exempt retirement accounts like 401(k)s, profit sharing/ money purchase plans, SEP and SIMPLE IRAs, defined benefit plans, IRAs and Roth IRAs to $1,171,650, state/municipal pensions and ERISA qualified benefits Public benefits Public assistance, unemployment compensation, veterans benefits, Social Security, workers compensation and crime victims compensation, unless debts for treatment of crime-related injury are part of filing Alimony/child support Insurance most death benefits, annuities (excluding lottery winnings), life insurance cash surrender value, disability/illness benefits and fraternal society benefits. Miscellaneous damages for injuries of employees in hazardous occupations Any applicable federal nonbankruptcy exemptions Florida s homestead exemption is limited to $146,450, unless the person filing for bankruptcy occupied this Florida homestead and previous Florida homesteads for a continuous 40-month period. AS SEEN ON VISIT OUR ONLINE EDITION TO SEE ALL OF SOUTH FLORIDA S AV PREEMINENT ATTORNEYS LISTED BY AREAS OF PRACTICE 2014 ONLINE EDITION To view the online edition scan the barcode with your smartphone QR code reader or visit at.law.com/southfloridatoprated PRESENTS OF 2014 GREENSPOON DOUGHERTY ESTABLISHED Kolor Law Firm, P.C. Evans Flores, P.L.L.C Thomas & Young Law Lorem Ipsum, LLC Joyce Attorney at Law Topper Leevy, PLLC Macinto, Webber, Fool Martin Cooper, L.L.C Soupe & Pleser Law 20 \ TO SEE A DIRECTORY OF ALL AV PREEMINENT RATED ATTORNEYS IN SOUTH FLORIDA VISIT AT.LAW.COM/SOUTHFLORIDATOPRATED