Edward G. Guedes – Weiss Serota Helfman Cole + Bierman https://www.wsh-law.com At the Crossroads of Business, Government & the Law Wed, 25 Sep 2024 19:21:49 +0000 en-US hourly 1 WSHC+B Partner Edward Guedes, Obtains an En Banc Victory in a Precedent-Setting First Amendment Case https://www.wsh-law.com/news-updates/wshcb-partner-edward-guedes-obtains-an-en-banc-victory-in-a-precedent-setting-first-amendment-case/#utm_source=rss&utm_medium=rss Wed, 25 Sep 2024 18:57:17 +0000 https://www.wsh-law.com/?p=11384 WSHC+B partner and Chair of the Firm’s Appellate Practice Group, Edward Guedes, obtained a rare unanimous en banc victory, on behalf of the City of Homestead in a First Amendment case before the Eleventh Circuit Court of Appeals. Ed and the team, including Jeremy Rosner, Anne Flanigan, and Matt Mandel, successfully argued that local governments […]

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]]> WSHC+B partner and Chair of the Firm’s Appellate Practice Group, Edward Guedes, obtained a rare unanimous en banc victory, on behalf of the City of Homestead in a First Amendment case before the Eleventh Circuit Court of Appeals. Ed and the team, including Jeremy Rosner, Anne Flanigan, and Matt Mandel, successfully argued that local governments can impose reasonable restrictions on speech during public meetings without violating constitutional rights. The ruling establishes that limitations on speech are often necessary to prevent disruption, maintain order, and ensure relevant discussions during public meetings such as city council sessions. 

Speaking to the Daily Business Review, Ed emphasized the importance of this decision: “Absent these restrictions, a public hearing can devolve into chaos as anyone could use limited public hearing time to engage in irrelevant topics or behave inappropriately, distracting from government business.”

This decision establishes a new precedent for the Eleventh Circuit, aligning it with U.S. Supreme Court jurisprudence on municipal elected body meetings as limited public forums subject to reasonable, content-neutral speech restrictions.

Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal, and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property, and labor and employment issues.

Read the full article in the Daily Business Review here: https://www.law.com/dailybusinessreview/2024/09/17/eleventh-circuit-upholds-limits-on-public-comments-during-city-council-meetings/?utm_source=rss&utm_medium=rss

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]]> Edward Guedes discusses with the Daily Business Review an Unusual and Conflicting Final Ruling by Florida’s Sixth District Court of Appeal https://www.wsh-law.com/news-updates/edward-guedes-featured-in-dbr-discussing-sixth-district-courts-affirmation-of-controversial-attorney-fee-award-in-dissolution-case/#utm_source=rss&utm_medium=rss Wed, 04 Sep 2024 14:40:32 +0000 https://www.wsh-law.com/?p=11350 WSHC+B partner and Chair of the Firm’s Appellate Practice Group, Edward Guedes, was recently featured in an article by the Daily Business Review discussing a significant ruling by Florida’s Sixth District Court of Appeal (DCA), which upheld a trial court’s decision in a contentious dissolution of marriage case. The case centered around the Sixth DCA’s […]

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]]> WSHC+B partner and Chair of the Firm’s Appellate Practice Group, Edward Guedes, was recently featured in an article by the Daily Business Review discussing a significant ruling by Florida’s Sixth District Court of Appeal (DCA), which upheld a trial court’s decision in a contentious dissolution of marriage case.

The case centered around the Sixth DCA’s decision to affirm a trial court’s award of attorney fees in a dissolution of marriage proceeding despite the absence of a transcript that could confirm or refute the trial court’s findings. This decision was controversial because it conflicted with precedents set by other Florida appellate courts, which require written findings when awarding attorney fees. 

“Even if the Sixth District believed those precedents were wrong, the trial court’s failure to follow precedent was error, in and of itself,” said Ed. “That alone should have led to a reversal of the order, but apparently, the Sixth District felt it needed to stake out its position on this issue and affirmed the order.”

Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. He is also a Fellow of the American Academy of Appellate Lawyers.  He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal, and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property, and labor and employment issues.

Read more here: https://www.law.com/dailybusinessreview/2024/08/29/in-upholding-ruling-sixth-dca-certifies-question-to-florida-supreme-court/?utm_source=rss&utm_medium=rss

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]]> WSHC+B Attorneys Selected for Inclusion in the Best Lawyers in America 2025 https://www.wsh-law.com/news-updates/wshcb-attorneys-selected-for-inclusion-in-the-best-lawyers-in-america-2025/#utm_source=rss&utm_medium=rss Thu, 15 Aug 2024 15:21:06 +0000 https://www.wsh-law.com/?p=11292 Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2025 edition of The Best Lawyers in America©.  Of the 47 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 14 attorneys were recognized as Ones to Watch.  Best Lawyers has employed the […]

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]]> Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2025 edition of The Best Lawyers in America©. 

Of the 47 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 14 attorneys were recognized as Ones to Watch. 

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review. 

The following includes all Firm attorneys named and areas in which they are recognized:

Miami

Fort Lauderdale

Boca Raton

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]]> Edward Guedes Featured in DBR Analyzing Small Claims Court Reversal https://www.wsh-law.com/news-updates/edward-guedes-featured-in-dbr-analyzing-small-claims-court-reversal/#utm_source=rss&utm_medium=rss Wed, 07 Aug 2024 15:20:49 +0000 https://www.wsh-law.com/?p=11286 WSHC+B partner and Chair of the Firm’s Appellate Practice Group, Edward Guedes, was recently featured in an article by the Daily Business Review discussing a small claims case where the Third District Court of Appeal reversed and remanded a decision after the trial court dismissed a claim due to an incorrect procedural filing. The plaintiff […]

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]]> WSHC+B partner and Chair of the Firm’s Appellate Practice Group, Edward Guedes, was recently featured in an article by the Daily Business Review discussing a small claims case where the Third District Court of Appeal reversed and remanded a decision after the trial court dismissed a claim due to an incorrect procedural filing. The plaintiff had filed a motion arguing that the trial court had misapplied Florida’s statute of frauds, except she filed it under the wrong rule.

“When you’re dealing with participants in legal proceedings that don’t have a lawyer, they try to do the best they can,” said Ed. “Sometimes they cite the wrong rule because they don’t have enough experience. The Third cut to the chase and sent it back, relying on existing cases from other courts.”

Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. He is also a Fellow of the American Academy of Appellate Lawyers.  He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal, and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property, and labor and employment issues.

Read more here: https://www.law.com/dailybusinessreview/2024/08/01/in-reversing-case-state-appellate-court-refers-matter-to-florida-rules-committee/?utm_source=rss&utm_medium=rss

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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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]]> Partner Ed Guedes Included Among Forbes’ Inaugural List of America’s Top 200 Lawyers https://www.wsh-law.com/news-updates/partner-ed-guedes-included-among-forbes-inaugural-list-of-americas-top-200-lawyers/#utm_source=rss&utm_medium=rss Thu, 28 Mar 2024 15:45:05 +0000 https://www.wsh-law.com/?p=11023 WSHC+B partner and chair of the firm’s appellate practice group, Ed Guedes, was included in Forbes’ inaugural list of America’s Top 200 Lawyers. The inaugural list of America’s Top 200 Lawyers highlights the finest practitioners in the profession—lawyers with stellar track records in their specialties, those who have broken barriers to emerge as leaders in […]

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]]> WSHC+B partner and chair of the firm’s appellate practice group, Ed Guedes, was included in Forbes’ inaugural list of America’s Top 200 Lawyers. The inaugural list of America’s Top 200 Lawyers highlights the finest practitioners in the profession—lawyers with stellar track records in their specialties, those who have broken barriers to emerge as leaders in their fields, and attorneys most respected by peers and clients.

The elite lawyers on this list were selected through a rigorous, multi-stage process of researching, evaluating, and rating thousands of candidates, conducted by an editorial team with broad experience in law practice and the legal marketplace. They excel in various legal fields, from litigation to tech, with reputations for integrity and excellence. Whether handling high-profile cases or driving legal trends, these lawyers are recognized for their skill and dedication.

Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. He is also a Fellow in the American Academy of Appellate Lawyers. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal, and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property, and labor and employment issues.

To view Ed’s profile, please click here.

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]]> Twenty-Six Cities and Seventy-Four Elected Officials File Federal and State Court Lawsuits Challenging Florida’s Overly Intrusive Financial Disclosure Requirements https://www.wsh-law.com/news-updates/twenty-six-cities-and-seventy-four-elected-officials-file-federal-and-state-court-lawsuits-challenging-floridas-overly-intrusive-financial-disclosure-requirements/#utm_source=rss&utm_medium=rss Fri, 16 Feb 2024 16:43:29 +0000 https://www.wsh-law.com/?p=10944 Miami, FL – Weiss Serota Helfman Cole + Bierman (WSHC+B) filed new federal and state court lawsuits challenging the legality of a new law requiring municipal elected officials to file a Form 6 financial disclosure. The complaints were filed on behalf of 26 municipalities and 74 municipal elected officials in the U.S. District Court for […]

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]]> Miami, FL – Weiss Serota Helfman Cole + Bierman (WSHC+B) filed new federal and state court lawsuits challenging the legality of a new law requiring municipal elected officials to file a Form 6 financial disclosure. The complaints were filed on behalf of 26 municipalities and 74 municipal elected officials in the U.S. District Court for the Southern District of Florida in Miami and the Second Judicial Circuit Court in Leon County. 

Previously, all municipal elected officials in Florida were required to complete a Form 1 financial disclosure form, which advised the public of their primary sources of income and primary assets.   Under the new law, municipal elected officials have to complete and file a Form 6, which forces them to publicly disclose quintessentially private, highly personal financial information, including, among other things, the exact amount of their net worth and income and value of every asset worth over $1,000.  More than 100 municipal elected officials in Florida have resigned rather than make these new required disclosures.

The plaintiffs seek a declaration that the Form 6 disclosure requirements violate the First Amendment to the United States Constitution and the privacy clause of the Florida Constitution, along with injunctive relief.

“This is the most intrusive form of financial disclosure that I am aware of in the entire nation, requiring more disclosure of 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 municipal elected officials and, if not overturned in court, will discourage many others from serving their communities.”

WSHC+B Partners Edward G. Guedes and Anne R. Flanigan are assisting Cole in representing the plaintiffs.

Click the links below to see media coverage.

WWSB ABC7 News – https://www.mysuncoast.com/2024/01/29/over-100-elected-officials-florida-step-down-ahead-new-form-6-requirements/?utm_source=rss&utm_medium=rss

Sun Sentinel – https://www.sun-sentinel.com/2024/01/27/freaking-out-over-form-6-at-city-hall-steve-bousquet/?utm_source=rss&utm_medium=rss

Palm Beach Daily News – https://www.palmbeachdailynews.com/story/news/local/2024/01/11/palm-beach-town-to-participate-in-lawsuit-against-controversial-new-finance-law-florida-news/72171571007/?utm_source=rss&utm_medium=rss

Islander News – https://www.islandernews.com/news/keybiscayne/plaintiffs-lining-up-to-join-key-biscayne-lawsuit-challenging-form-6-law/article_cf66b522-ca14-11ee-af67-638228d705cb.html?utm_source=rss&utm_medium=rss

Florida Today – https://www.floridatoday.com/story/news/politics/2024/02/08/melbourne-joining-challenge-to-new-financial-disclosure-requirements-for-public-officials/72309815007/?utm_source=rss&utm_medium=rss

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]]> WSHC+B’s Edward Guedes and Jeremy Rosner Successfully Defend Kinsale Insurance Company in Eleventh Circuit Dispute https://www.wsh-law.com/news-updates/wshcbs-edward-guedes-and-jeremy-rosner-successfully-defend-kinsale-insurance-company-in-eleventh-circuit-dispute/#utm_source=rss&utm_medium=rss Fri, 08 Dec 2023 16:20:07 +0000 https://www.wsh-law.com/?p=10855 WSHC+B partner Ed Guedes was recently interviewed by Law360 in connection with defending Kinsale Insurance Company at the Eleventh Circuit Court of Appeals. The appeal, involving Kinsale and its insured, Pride of St. Lucie Lodge 1189 Inc., centered on a dispute over insurance claims related to a $3.3 million judgment following a fatal shooting at […]

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]]> WSHC+B partner Ed Guedes was recently interviewed by Law360 in connection with defending Kinsale Insurance Company at the Eleventh Circuit Court of Appeals. The appeal, involving Kinsale and its insured, Pride of St. Lucie Lodge 1189 Inc., centered on a dispute over insurance claims related to a $3.3 million judgment following a fatal shooting at the lodge.

The lodge had claimed Kinsale had breached its duty of good faith by not settling the victim’s estate’s claim within the policy limits. Arguing the appeal, Ed stated, “If this were a case about your negligent security resulting in harm from a laceration from the thrown shoe maybe the situation would be different. But the harm here is from the shooting. The shooters left and came back because they were targeting a specific individual.” 

This appeal is likely to set an important precedent in establishing the boundaries of an insurer’s obligations to engage in settlement negotiations under Florida’s bad faith jurisprudence.

Ed is Board Certified in Appellate Practice by the Florida Bar, is a Fellow of the American Academy of Appellate Lawyers, and is chair of the firm’s Appellate Practice Group. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, insurance law, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property and labor and employment issues.

Jeremy Rosner, who also worked on the appeal, represents plaintiffs and defendants in complex commercial litigation, class actions, professional negligence, and appellate matters in both state and federal courts.

Read the article here: https://www.law360.com/appellate/articles/1773021?nl_pk=e3cab8e3-05d7-488b-bc26-75b615807ad4&utm_source=newsletter&utm_medium=email&utm_campaign=appellate&utm_content=2023-12-08&read_main=1&nlsidx=0&nlaidx=30&utm_source=rss&utm_medium=rss.

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]]> WSHC+B Partners John Quick and Edward Guedes Played a Significant Role in a Landmark Florida Supreme Court Decision https://www.wsh-law.com/news-updates/wshcb-shapes-pivotal-florida-supreme-court-ruling-on-transparency-in-law-enforcement/#utm_source=rss&utm_medium=rss Thu, 30 Nov 2023 14:49:26 +0000 https://www.wsh-law.com/?p=10846 WSHC+B partners John Quick and Edward Guedes have played a significant role in a landmark Florida Supreme Court decision, advocating for enhanced transparency in law enforcement. John and Ed represented the City of Miami Civilian Investigative Panel on an amicus brief in support of the prevailing side, the City of Tallahassee. The ruling specifically addresses […]

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]]> WSHC+B partners John Quick and Edward Guedes have played a significant role in a landmark Florida Supreme Court decision, advocating for enhanced transparency in law enforcement. John and Ed represented the City of Miami Civilian Investigative Panel on an amicus brief in support of the prevailing side, the City of Tallahassee. The ruling specifically addresses the application of the constitutional amendment known as “Marsy’s Law” in relation to police officers, determining in this specific instance that officers cannot invoke the constitutional amendment to demand that their identities be concealed from public scrutiny. In this case, several news organizations had requested the identity of the officers involved in the shootings of the suspects, and the officers sued to enjoin disclosure.

This ruling will have a statewide impact on the disclosure of information related to police-involved shootings and potentially other police-community interactions. By setting this precedent, the Court has substantially advanced the discourse on public access to information and the balance of individual rights within the justice system.

John is both a local government attorney and a litigator. In his role as counsel for municipal clients, John handles land use and zoning matters, statutory and code interpretation issues, ethics concerns, taxation and budget matters, special assessments, police and fire issues, disability accommodations, public development and historic preservation.

Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal and the U.S. Courts of Appeals in a wide variety of matters, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property and labor and employment issues.

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]]> Edward Guedes Defends City of Miami Beach’s Alcohol Sales Ordinance at the Third District Court of Appeals https://www.wsh-law.com/news-updates/practice-divisions/litigation/edward-guedes-defends-city-of-miami-beachs-alcohol-sales-ordinance-at-the-third-district-court-of-appeals/#utm_source=rss&utm_medium=rss Tue, 31 Oct 2023 14:38:05 +0000 https://www.wsh-law.com/?p=10803 In a recent article published by the Daily Business Review, Edward G. Guedes, Chair of the Appellate Practice Group, discusses representing the City of Miami Beach in a pivotal appellate case against Story Nightclub. The case centered around the City’s ordinance related to alcohol sales after 2 a.m. The Third District Court of Appeal’s decision […]

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]]> In a recent article published by the Daily Business Review, Edward G. Guedes, Chair of the Appellate Practice Group, discusses representing the City of Miami Beach in a pivotal appellate case against Story Nightclub. The case centered around the City’s ordinance related to alcohol sales after 2 a.m.

The Third District Court of Appeal’s decision upheld the ruling and affirmed the denial of a temporary injunction. The Third DCA also found neither an abuse of discretion in the trial court’s decision to deny the motion for temporary injunction, nor any error in its attendant legal conclusions. Reflecting on the decision, Guedes stated, “The facts are what they are, and the courts have concluded that the City of Miami Beach had a legitimate, rational basis for taking corrective action to protect their residents in that neighborhood.”

This case has been a focal point of discussion, shedding light on the balance between nightlife economy and the interests of residents. The Court’s decision underscores the importance of local regulations and the City’s commitment to its residents.

For an in-depth look at the case and its implications, click here to read the full article.

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