News & Updates – Weiss Serota Helfman Cole + Bierman https://www.wsh-law.com At the Crossroads of Business, Government & the Law Fri, 05 Jul 2024 15:12:13 +0000 en-US hourly 1 WSHC+B Partner Eric Hockman Appointed to Florida Bar AI Tools & Resources Special Committee https://www.wsh-law.com/news-updates/wshcb-partner-eric-hockman-appointed-to-florida-bar-ai-tools-resources-special-committee/#utm_source=rss&utm_medium=rss Fri, 05 Jul 2024 15:12:13 +0000 https://www.wsh-law.com/?p=11241 Congratulations to WSHC+B partner Eric Hockman who has been appointed to The Florida Bar’s AI Tools & Resources Special Committee. The Special Committee on AI Tools & Resources advises the Board of Governors on adopting and effectively using AI in legal practice. It examines how AI tools interact with current bar rules, how they may […]

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Congratulations to WSHC+B partner Eric Hockman who has been appointed to The Florida Bar’s AI Tools & Resources Special Committee.

The Special Committee on AI Tools & Resources advises the Board of Governors on adopting and effectively using AI in legal practice. It examines how AI tools interact with current bar rules, how they may change legal practice, and how they can improve access to justice. The committee also identifies AI tools for lawyers and provides education, communication, and resources to ensure that lawyers understand the benefits of AI while maintaining their duty of independent judgment.

“Being appointed to The Florida Bar’s AI Tools & Resources Special Committee is an incredible honor. AI represents the cutting edge of technology and its potential to revolutionize the legal profession is immense,” said Eric Hockman. “I am thrilled to help lead this new frontier, ensuring that we harness AI’s capabilities to enhance the legal practice while upholding the profession’s core values and ethical standards.”

Eric’s practice focuses on complex and technical litigation matters involving business, government, and individuals. He is also the firm’s Information Technology Partner, responsible for all of the firm’s practice management applications, data storage needs, and data security.

Learn more about the Special Committee on AI Tools & Resources here: https://www.floridabar.org/about/cmtes/cmtes-me/special-committee-on-ai-tools-resources/?utm_source=rss&utm_medium=rss

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WSHC+B Attorney Narinah Jean-Baptiste Receives 2024 Michael K. Reese Quality of Life Award https://www.wsh-law.com/news-updates/wshcb-attorney-narinah-jean-baptiste-receives-2024-michael-k-reese-quality-of-life-award/#utm_source=rss&utm_medium=rss Tue, 02 Jul 2024 19:06:26 +0000 https://www.wsh-law.com/?p=11229 WSHC+B congratulates attorney Narinah Jean-Baptiste, who was recently honored as the 2024 recipient of the Michael K. Reese Quality of Life Award by the Young Lawyers Division of the Florida Bar. Narinah received the award at the Florida Bar Annual Convention in Orlando.  The Michael K. Reese Quality of Life Award recognizes a person who […]

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WSHC+B congratulates attorney Narinah Jean-Baptiste, who was recently honored as the 2024 recipient of the Michael K. Reese Quality of Life Award by the Young Lawyers Division of the Florida Bar. Narinah received the award at the Florida Bar Annual Convention in Orlando. 

The Michael K. Reese Quality of Life Award recognizes a person who has led by example or made a positive impact in young lawyers’ lives by encouraging healthy practices that also improve their ability to serve clients. 

Narinah represents municipalities in complex land use and zoning issues. She also counsels clients in general government matters including negotiating contracts and complying with public records, sunshine, and ethics laws.

To learn more about Narinah’s recognition, click here.

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WSHC+B Partner Alison Smith Sworn in to Florida Bar Board of Governors https://www.wsh-law.com/news-updates/wshcb-partner-alison-smith-sworn-in-to-florida-bar-board-of-governors/#utm_source=rss&utm_medium=rss Mon, 01 Jul 2024 18:33:05 +0000 https://www.wsh-law.com/?p=11213 WSHC+B partner Alison Smith was recently sworn in as a member of the Florida Bar Board of Governors at the Florida Bar Annual Convention in Orlando. The Florida Bar is the organization of all lawyers licensed by the Supreme Court of Florida to practice law in the state. The 52-member Board of Governors has exclusive […]

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WSHC+B partner Alison Smith was recently sworn in as a member of the Florida Bar Board of Governors at the Florida Bar Annual Convention in Orlando.

The Florida Bar is the organization of all lawyers licensed by the Supreme Court of Florida to practice law in the state. The 52-member Board of Governors has exclusive authority to formulate and adopt matters of policy concerning the activities of the Bar, subject to limitations imposed by the Rules Regulating The Florida Bar.

Alison focuses her practice on labor & employment, municipal, and administrative and regulatory matters. Alison regularly represents public and private entities in connection with lawsuits brought pursuant to the Americans with Disabilities Act, Title VII, the Florida Civil Rights Act, the Age Discrimination in Employment Act, and many other labor and employment laws. Alison previously served as President of the Broward County Bar Association and Caribbean Bar Association. 

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Mitch Burnstein Recognized in Florida Trend’s 2024 Notable Managing Partners List https://www.wsh-law.com/news-updates/mitch-burnstein-recognized-in-florida-trends-2024-notable-managing-partners-list/#utm_source=rss&utm_medium=rss Mon, 01 Jul 2024 14:20:40 +0000 https://www.wsh-law.com/?p=11210 WSHC+B Partner and Firm Managing Director, Mitch Burnstein, was recognized in Florida Trend’s 2024 Notable Managing Partners List.  Florida Trend’s editorial review team vetted and selected individual managing partners who qualified for inclusion by meeting and exceeding specific methodology and criteria parameters that were put in place for its nomination process. The state’s most influential […]

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WSHC+B Partner and Firm Managing Director, Mitch Burnstein, was recognized in Florida Trend’s 2024 Notable Managing Partners List. 

Florida Trend’s editorial review team vetted and selected individual managing partners who qualified for inclusion by meeting and exceeding specific methodology and criteria parameters that were put in place for its nomination process. The state’s most influential managing partners were selected after a year-long research initiative by the editors of Florida Trend. 

Mitch specializes in property rights, eminent domain, and takings litigation, and has been recognized in numerous publications for his expertise.  He has served as lead counsel in more than 80 jury trials during a 35-year career.  Mitch is about to celebrate his 25th anniversary with WSHC+B and has been the Firm’s Managing Director since 2018.

To view Mitch’s full Florida Trend profile, click here.

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WSHC+B Partner Jessika Graham Speaks to Miami Today on Local Chapter 11 Bankruptcy Trends https://www.wsh-law.com/news-updates/wshcb-partner-jessika-graham-speaks-to-miami-today-on-local-chapter-11-bankruptcy-trends/#utm_source=rss&utm_medium=rss Fri, 28 Jun 2024 14:10:50 +0000 https://www.wsh-law.com/?p=11207 WSHC+B partner Jessika Graham recently spoke to Miami Today about the recent trend of Chapter 11 bankruptcies among local businesses. “Any business that was systematically borrowing money, it’s hard to stay afloat,” she said. “Those chronic problems with cash flow businesses might have are now coming to a head. Lenders are a little bit tighter, […]

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WSHC+B partner Jessika Graham recently spoke to Miami Today about the recent trend of Chapter 11 bankruptcies among local businesses.

“Any business that was systematically borrowing money, it’s hard to stay afloat,” she said. “Those chronic problems with cash flow businesses might have are now coming to a head. Lenders are a little bit tighter, and everything just costs more. You can see it yourself when you go to the grocery store.”

Jessika represents bankruptcy trustees, creditors, and debtors in all aspects of Chapter 7, Chapter 11, and Chapter 13 bankruptcy proceedings and related adversary proceeding. She is currently also on the Board of Directors for the Bankruptcy Bar Association of the Southern District of Florida.

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Jamie Cole Recognizing for 25 Years of Service to City of Weston https://www.wsh-law.com/news-updates/jamie-cole-recognizing-for-25-years-of-service-to-city-of-weston/#utm_source=rss&utm_medium=rss Thu, 27 Jun 2024 14:13:06 +0000 https://www.wsh-law.com/?p=11204 WSHC+B partner and Managing Director of the Fort Lauderdale office, Jamie Cole, was recently recognized as one of only six people with 25 years of service to the City of Weston, where he serves as City Attorney. The City of Weston held their bi-weekly commission meeting earlier this month and set aside time to celebrate […]

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WSHC+B partner and Managing Director of the Fort Lauderdale office, Jamie Cole, was recently recognized as one of only six people with 25 years of service to the City of Weston, where he serves as City Attorney.

The City of Weston held their bi-weekly commission meeting earlier this month and set aside time to celebrate Jamie’s remarkable contributions with a special presentation by City Manager Donald Decker. Sharing thoughts from his letter to Jamie, Mr. Decker states, “You have successfully defended Weston on many occasions, and you’ve advocated on behalf of Weston even more. It is your guidance on countless topics that helps us become a stronger organization and make certain that we maintain our high ethical standards.” He goes on to say, “It is also clear that you are a tremendous resource to me and my job is made easier and more enjoyable because of your institutional knowledge and sound advice. You are one of the few who can legitimately be considered a Weston pioneer. On behalf of the City Commission, we congratulate you and look forward to celebrating more milestones to come.”

Jamie has served as the City Attorney for the City of Weston since 1999, previously served as City Attorney for Hollywood and Miramar, and serves as special counsel for numerous municipalities across Palm Beach and Broward Counties. He has presided over more than 1,500 city commission meetings and has spoken at seminars on subjects addressing ethics, open government, professionalism and civility, property taxes, government finance, and charter review.


To watch the special presentation in its entirety, click here.

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WSHC+B ATTORNEYS RECOGNIZED AS 2024 SUPER LAWYERS AND RISING STARS https://www.wsh-law.com/news-updates/wshcb-attorneys-recognized-as-2024-super-lawyers-and-rising-stars/#utm_source=rss&utm_medium=rss Mon, 24 Jun 2024 15:56:39 +0000 https://www.wsh-law.com/?p=11201 The Firm is proud to announce that 11 attorneys have been named to the 2024 Super Lawyers list, while 4 attorneys have been recognized as 2024 Rising Stars. Super Lawyers recognizes distinguished attorneys who have undergone a rigorous screening process and are ultimately selected for inclusion in their annual list of exceptional legal professionals. Published […]

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The Firm is proud to announce that 11 attorneys have been named to the 2024 Super Lawyers list, while 4 attorneys have been recognized as 2024 Rising Stars.

Super Lawyers recognizes distinguished attorneys who have undergone a rigorous screening process and are ultimately selected for inclusion in their annual list of exceptional legal professionals. Published by Thomson Reuters, Super Lawyers is a rating service of attorneys from more than 70 practice areas and determines its rankings through independent research, peer nominations, and peer evaluations. Only the top 5 percent of outstanding lawyers in Florida are rated by Super Lawyers, while no more than 2.5 percent of lawyers under 40 years old or who have practiced for fewer than 10 years are selected as Rising Stars.

The Firm’s recognized attorneys are listed below.

Miami

Recognized as Super Lawyers

Recognized as Rising Star

Fort Lauderdale

Recognized as Super Lawyers

Recognized as Rising Stars

Boca Raton

Recognized as Super Lawyers

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Preliminary Injunction Entered to Prevent Enforcement of Florida’s Overly Intrusive Financial Disclosure Requirements https://www.wsh-law.com/news-updates/preliminary-injunction-entered-to-prevent-enforcement-of-floridas-overly-intrusive-financial-disclosure-requirements/#utm_source=rss&utm_medium=rss Tue, 11 Jun 2024 18:10:56 +0000 https://www.wsh-law.com/?p=11186 Miami, FL – United States District Court Judge Melissa Damian has entered a preliminary injunction enjoining the members of the Florida Commission on Ethics from enforcing a new requirement that local Mayors and members of municipal elected bodies file a highly intrusive financial disclosure form. For the past 50 years, municipal elected officials have been […]

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Miami, FL – United States District Court Judge Melissa Damian has entered a preliminary injunction enjoining the members of the Florida Commission on Ethics from enforcing a new requirement that local Mayors and members of municipal elected bodies file a highly intrusive financial disclosure form. For the past 50 years, municipal elected officials have been required to file a Form 1 financial disclosure, which advises the public of the officials’ employers, primary sources of income and major assets.

Last year, Florida enacted a new law that requires municipal elected officials instead to file a Form 6, which requires that elected municipal officials also disclose the amount of their net worth, the amount of their income (including from their primary jobs), the value of each of their assets and the amounts of each liability.  These additional disclosures have nothing to do with the officials’ duties and are not relevant in any way to possible breaches of the public trust.  Judge Damian found that “it is not apparent from the record that a change from the Form 1 requirement to the Form 6 requirement was necessary nor that SB 774 is substantially related to the State’s identified interests.”

In a lawsuit filed by Weiss Serota Helfman Cole + Bierman, over 170 elected municipal officials from throughout Florida challenged the law as a violation of the First Amendment.  Judge Damian ruled that the elected municipal elected officials “have demonstrated a reasonable likelihood that they will succeed on the merits of their claim” and prevented the members of the Commission on Ethics from enforcing the new requirement statewide during the pendency of the lawsuit.

“This is the most intrusive form of financial disclosure that I am aware of in the entire nation, requiring more disclosure of quintessentially personal financial information than is required of the President of the United States, members of Congress and elected officials in every other state,” said Firm Partner and Fort Lauderdale Office Managing Director Jamie A. Cole, the lead attorney representing the plaintiffs.  “Most municipal elected officials receive little to no compensation for their public service, yet they are being asked to disclose their precise net worth, income and assets.  This legislative overreach has already resulted in the mass resignation of about 125 municipal elected officials and, if allowed, would discourage many others from serving their communities.”

Cole added that the preliminary injunction is a significant step in the plaintiffs’ efforts to ultimately obtain a ruling that the Form 6 disclosure requirements are unconstitutional.

WSHC+B Partners Edward G. Guedes and Anne R. Flanigan, and associate Jeremy Rosner, are co-counsel with Cole in representing the plaintiffs.

Click the links below to see media coverage.

 

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Client Alert: DOL Issues Final Rule on Amendment to FLSA Exemptions https://www.wsh-law.com/news-updates/client-alert-dol-issues-final-rule-on-amendment-to-flsa-exemptions/#utm_source=rss&utm_medium=rss Tue, 21 May 2024 17:28:55 +0000 https://www.wsh-law.com/?p=11168 On April 23, 2024, the Department of Labor published its Final Rule raising the salary thresholds for certain overtime exemptions under the Fair Labor Standard Act (“FLSA”). The Rule applies primarily to the FLSA’s “White Collar” exemptions for Executive, Administrative, and Professional employees as well as highly compensated employees (“HCE”). The Final Rule is set […]

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On April 23, 2024, the Department of Labor published its Final Rule raising the salary thresholds for certain overtime exemptions under the Fair Labor Standard Act (“FLSA”). The Rule applies primarily to the FLSA’s “White Collar” exemptions for Executive, Administrative, and Professional employees as well as highly compensated employees (“HCE”). The Final Rule is set to take effect on July 1, 2024, though it will likely be subject to legal challenge. 

Here are the major takeaways:

White Collar Exemptions

  • The standard salary level for the FLSA’s White Collar exemptions will increase from $684 per week to $844 per week (or $43,888 annually) on July 1, 2024.
  • Six months later, on January 1, 2025, the standard salary level will increase to $1,128 per week (or $58,656 annually for a full-time worker).

HCE Exemption

The HCE total annual compensation level will increase from $107,432 per year to $132,964 per year on July 1, 2024, and then to $151,164 per year on January 1, 2025.

  • Pursuant to the Rule, if an employee’s total annual compensation does not total at least $132,964 by the last pay period of the 52-week period, the employer can make up the difference by making a one-time payment to achieve the required level no later than the next pay period after the end of the year.
  • Up to 10% of an employee’s salary amount may be satisfied by the payment of nondiscretionary bonuses, incentives, and commissions, that are paid annually or more frequently. 

Other Takeaways

  • The salary thresholds will be updated every three years beginning July 1, 2027, based on current earnings data. The “current earnings data” is determined by “the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region (currently the South).”
  • The Rule does not change any of the duties tests associated with the White Collar exemptions. 
  • The Rule does not apply to exempt employees in the U.S. territories of Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. 
  • The salary thresholds do not affect any workers in named occupations who are not required to pass the salary requirements including: physicians, lawyers, teachers, academic administrative personnel, educational administrators, and outside sales workers. Accordingly, these employees’ exemption status remain unaffected by the Rule.  

In light of the Rule, employers will need to reevaluate their exempt employees and confirm these individuals will earn the new threshold amounts required by the Rule.  Employers should consider whether their existing exempt workers’ salaries require increases. Otherwise, these individuals will no longer be considered exempt employees and will be entitled to overtime pay. Due to the time associated with analyzing these issues, employers should immediately take the necessary steps to ensure compliance by July 1, 2024.  

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WSHC+B Partner Jessika Graham Speaks to CBS News MoneyWatch on Settling Debt https://www.wsh-law.com/news-updates/wshcb-partner-jessika-graham-speaks-to-cbs-news-moneywatch-on-settling-debt/#utm_source=rss&utm_medium=rss Fri, 17 May 2024 14:47:06 +0000 https://www.wsh-law.com/?p=11165 WSHC+B partner Jessika Graham recently spoke to CBS News MoneyWatch about the strategies debt collectors use when settling debts and how individuals can navigate these negotiations. “Every creditor is different. Some creditors will accept pennies on the dollar, others will not settle for less than 80% in a lump sum payment,” Jessika explains in the […]

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WSHC+B partner Jessika Graham recently spoke to CBS News MoneyWatch about the strategies debt collectors use when settling debts and how individuals can navigate these negotiations.

“Every creditor is different. Some creditors will accept pennies on the dollar, others will not settle for less than 80% in a lump sum payment,” Jessika explains in the article. 

Jessika represents bankruptcy trustees, creditors, and debtors in all aspects of Chapter 7, Chapter 11, and Chapter 13 bankruptcy proceedings and related adversary proceedings. Jessika also represents plaintiffs and defendants in complex commercial litigation and creditors’ rights in state and federal courts and advises clients on asset protection issues.

Click here to read the full article

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