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.

• https://www.law.com/dailybusinessreview/2024/06/11/law-firm-arguments-got-miami-judge-to-block-new-financial-disclosure-rule/?utm_source=rss&utm_medium=rss
• https://www.floridatoday.com/story/news/local/2024/06/11/judge-blocks-enforcement-of-financial-disclosure-rules-for-city-officials/74054888007/?utm_source=rss&utm_medium=rss
• https://www.wuft.org/politics/2024-06-11/judge-blocks-floridas-municipal-financial-disclosure-law?utm_source=rss&utm_medium=rss 
• https://www.orlandosentinel.com/2024/06/11/federal-judge-blocks-states-financial-disclosure-law-for-elected-municipal-officials/?utm_source=rss&utm_medium=rss
• https://www.sun-sentinel.com/2024/06/11/judge-blocks-financial-disclosure-law-opposed-by-many-elected-officials/?utm_source=rss&utm_medium=rss
• https://www.palmbeachpost.com/story/news/state/2024/06/12/form-6-federal-judge-blocks-florida-financial-disclosure-law/74059446007/?utm_source=rss&utm_medium=rss
• https://www.palmbeachdailynews.com/story/news/2024/06/11/federal-judge-temporarily-bars-controversial-florida-financial-disclosure-law/74043843007/?utm_source=rss&utm_medium=rss
• https://www.aol.com/federal-judge-grants-temporary-injunction-205529721.html?utm_source=rss&utm_medium=rss
• https://www.orlandoweekly.com/news/federal-judge-blocks-florida-financial-disclosure-law-for-elected-officials-37082702?utm_source=rss&utm_medium=rss
• https://www.yahoo.com/news/federal-judge-blocks-law-requiring-190037679.html?utm_source=rss&utm_medium=rss
• https://www.orangeobserver.com/news/2024/jun/11/florida-financial-disclosure-law-blocked-by-federal-judge/?utm_source=rss&utm_medium=rss
• https://www.tampabay.com/news/florida-politics/elections/2024/06/11/judge-halts-florida-law-requiring-city-officials-disclose-more/?utm_source=rss&utm_medium=rss
• https://www.miamiherald.com/news/politics-government/state-politics/article289175454.html?utm_source=rss&utm_medium=rss
• https://www.tampafp.com/2023-florida-financial-disclosure-law-blocked/?utm_source=rss&utm_medium=rss

The post Preliminary Injunction Entered to Prevent Enforcement of Florida’s Overly Intrusive Financial Disclosure Requirements appeared first on Weiss Serota Helfman Cole + Bierman.

“You have disclosed all this private information on the internet, where it will be forever, and expose yourself to potential extortion, kidnapping, or burglary,” Jamie explained. “So basically, the form is going to say I live at this address, and I have $500,000 worth of stuff in my house. It’s an invitation to burglary.”

Watch the full video here: https://cbs12.com/news/local/florida-elected-officials-challenge-financial-disclosure-law-form-6-towns-villages-and-cities-floridas-commission-on-ethics-jamie-cole-florida-march-4-2024?utm_source=rss&utm_medium=rss

The post WSHC+B Partner Jamie Cole Interviewed by CBS12 News Regarding Form 6 Requirements appeared first on Weiss Serota Helfman Cole + Bierman.

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

The post Twenty-Six Cities and Seventy-Four Elected Officials File Federal and State Court Lawsuits Challenging Florida’s Overly Intrusive Financial Disclosure Requirements appeared first on Weiss Serota Helfman Cole + Bierman.

The post Jamie Cole Selected in Florida Trend’s 2023 Florida 500 List appeared first on Weiss Serota Helfman Cole + Bierman.

Of the 41 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 12 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

• Mitchell A. Bierman (Administrative / Regulatory Law; Government Contracts; Government Relations Practice)
• Lewis R. Cohen (Banking and Finance Law; Real Estate Law)
• Jeffrey Decarlo (Commercial Litigation)
• Ignacio G. Del Valle (Real Estate Law)
• Alan K. Fertel (Sports Law)
• Chad S. Friedman (Land Use and Zoning Law)
• Edward G. Guedes (Appellate Practice) 
• Stephen J. Helfman (Land Use and Zoning Law)
• Juan P. Loumiet (Litigation – Real Estate; Real Estate Law)
• Justin Luger (Commercial Litigation)
• Paul Ryder (Employment Law Management)
• Clifford A. Schulman (Environmental Law, Land Use and Zoning Law)
• Joseph H. Serota (Commercial Litigation)
• Eduardo M. Soto (Real Estate Law)
• Richard Jay Weiss (Government Relations Practice) 
• Laura Wendell (Appellate Practice)
• David M. Wolpin (Employment Law – Management; Government Relations Practice)
• Jake Bland (Ones to Watch: Commercial Litigation; Litigation – Construction)
• Daniela Cimo (Ones to Watch: Land Use and Zoning Law)
• Roger C. Pou (Pnes to Watch: Municipal Law)
• Caroline G. Saiz (Ones to Watch: Litigation – Labor and Employment)
• Samantha W. Soto (Ones to Watch: Labor and Employment Law – Management; Litigation – Labor and Employment)
• Alejandro Uribe (Ones to Watch: Land Use and Zoning Law)

Fort Lauderdale

• Mitchell J. Burnstein (Commercial Litigation; Eminent Domain and Condemnation Law)
• Jamie A. Cole (Commercial Litigation)
• Paul R. Gougelman (Land Use and Zoning Law)
• Michael J. Kurzman (Construction Law; Litigation – Construction)
• Matthew H. Mandel (Commercial Litigation)
• Eric L. Stettin (Commercial Litigation)
• Susan L. Trevarthen (Land Use and Zoning Law)
• Peter D. Waldman (Eminent Domain and Condemnation Law)
• Anne R. Flanigan (Ones to Watch: Appellate Practice; Civil Right Law; Commercial Litigation)
• Narinah Jean-Baptiste (Ones to Watch: Municipal Law)
• Scott Mullin (Ones to Watch: Commercial Litigation)
• Alison F. Smith (Ones to Watch: Labor and Employment Law – Management)

Boca Raton

• Howard D. DuBosar (Commercial Litigation)
• Andrew S. Maurodis (Land Use and Zoning Law)
• Brett J. Schneider (Litigation – Labor and Employment, Employment Law – Management)
• Harrison R. DuBosar (Ones to Watch: Appellate Practice; Commercial Litigation) 
• Ryan Hudak (Ones to Watch: Labor and Employment Law – Management)

Tampa, FL

• Sarah L. Johnston (Government Relations Practice)

The post WSHC+B Attorneys Selected For Inclusion In The Best Lawyers In America 2024 appeared first on Weiss Serota Helfman Cole + Bierman.

Super Lawyers recognizes distinguished attorneys who have undergone a rigorous screening process and who 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

• Mitchell A. Bierman
• Alan K. Fertel
• Edward G. Guedes
• Joseph H. Serota

Recognized as Rising Star

• Justin D. Luger
• Richard Rosengarten

Fort Lauderdale

Recognized as Super Lawyers

• Mitchell J. Burnstein
• Jamie A. Cole
• Susan Trevarthen
• Peter D. Waldman

Recognized as Rising Stars

• Candice Balmori
• Anne Reilly Flanigan
• Alicia Gonzalez
• Chanae L. Wood

Boca Raton

Recognized as Super Lawyers

• Howard D. DuBosar
• Alen H. Hsu
• Brett J. Schneider

Recognized as Rising Stars

• Harrison R. DuBosar

The post WSHC+B ATTORNEYS RECOGNIZED AS 2023 SUPER LAWYERS AND RISING STARS appeared first on Weiss Serota Helfman Cole + Bierman.

“Adding this important practice area expands our firm’s profile and services. I could not be prouder to launch this practice with a group of highly talented WSHC+B attorneys,” said Fort Lauderdale office managing director, Jamie Cole.

Read the full article here: https://www.law360.com/articles/1547289?utm_source=rss&utm_medium=rss 

The post WSHC+B’s new mediation group and attorneys featured in Law360 appeared first on Weiss Serota Helfman Cole + Bierman.

Fort Lauderdale, Fla. – Weiss Serota Helfman Cole + Bierman (WSHC+B) announced the addition of a Mediation Services Practice Group to its roster of practice areas. This practice group will provide Florida Supreme Court certified circuit and/or county mediators for cases that involve local government, commercial litigation, construction litigation, eminent domain, property rights and education.

The firm’s certified mediators will work to assist parties find amicable resolutions to their disputes by ensuring fair and unbiased mediation services in situations where courts order mediation or when parties involved in litigation independently want to pursue a settlement. 

“Adding this important practice area expands our firm’s profile and services,” said Jamie Cole, partner and Fort Lauderdale office managing director. “I could not be prouder to launch this practice with a group of highly talented WSHC+B attorneys who have been certified by the Florida Supreme Court.”

With the firm’s comprehensive understanding of different types of disputes, WSHC+B’s certified mediators are uniquely equipped to increase the odds of a successful resolution.

The firm’s team of Supreme Court certified mediators includes:

• Jamie Cole – Florida Supreme Court Certified Circuit Mediator
  Areas of focus: Local Government, Commercial Litigation
• Howard DuBosar – Florida Supreme Court Certified Circuit Mediator
  Area of focus: Commercial Litigation
• Ronald Nisonson – Florida Supreme Court Certified Circuit Mediator
  Area of focus: Construction Litigation
• Pete Waldman – Florida Supreme Court Certified Circuit Mediator
  Areas of focus: Eminent Domain, Property Rights
• Candice Balmori – Florida Supreme Court Certified Circuit Mediator
  Area of focus: Local Government
• Ayanna Hypolite – Florida Supreme Court Certified County Court Mediator
  Area of focus: Education

In addition to this new practice area, the firm has had exceptional growth this year through its acquisition of a boutique law firm in Gainesville, expanding its office in Boca Raton and hiring 16 lawyers and 13 staff in 2022.

For more information on the firm’s new practice group, please visit: https://www.wsh-law.com/practices/litigation/supreme-court-certified-mediation/?utm_source=rss&utm_medium=rss

The post Weiss Serota Helfman Cole + Bierman Adds Mediation Services Practice Group appeared first on Weiss Serota Helfman Cole + Bierman.

Florida 500 is a special, annual publication that highlights high-impact executives in various economic sectors throughout Florida. The state’s most influential business leaders are selected after a year-long research initiative by the editors of Florida Trend.

To view Jamie’s full profile in the Florida 500, please click here.

The post Jamie A. Cole recognized in Florida Trend’s 2022 Florida 500 appeared first on Weiss Serota Helfman Cole + Bierman.

Given the frequent interactions between government and business, disputes often arise between regulatory bodies and private parties. The landscape of a dispute with local government, however, can look vastly different from the traditional terrain of purely private litigation. The nuanced aspects of disputes that lie at the intersection of government and business, and the specific procedural laws that apply to local governments, require assistance from mediators with specific local government experience to assist parties seeking to resolve disputes through mediation.

The Unique Government-Business Dispute Landscape

Put simply, there are legal and institutional variations that differentiate disputes with government from traditional disputes between private entities. These differences can often become obstacles to resolving even the most seemingly straightforward disagreements between government and business.

Resource asymmetry can often influence the trajectory of dispute resolution. Private parties may be more cost-sensitive in their approach to a dispute, whereas government may be willing to litigate matters at greater expense to protect the public good. This includes a greater willingness to pursue legal theories or challenges that may set important precedent in other matters, which, for an individual litigant, may be economically irrational to pursue.

Moreover, government lawyers are usually specialists in their area of practice and well-positioned to levy and respond to legal challenges in the public sphere, whereas counsel for private litigants sometimes get lost in the mire of unfamiliar statutes and ordinances. For instance, understanding the applicability of open government laws at the inception of a dispute can greatly impact the time spent seeking information from government entities by way of traditional discovery requests later on. Similarly, familiarity with unique defenses available to governments that often do not arise between private litigants, such as sovereign immunity and statutory damages caps, can be key. By the same token, there are distinct statutory regimes that enable certain causes of action, like those brought pursuant to the Bert Harris Act, which are particular to government alone.

To complicate matters further, when a dispute involves government, the public is often an initially overlooked third-party that must nonetheless be accounted for in resolution. Such considerations of the public interest are not typically features of private litigation. Thus, interested stakeholders are often not present at a mediation, but will certainly express their positions at any public meeting ultimately held to approve a settlement. Relatedly, because media consistently tracks government action, public sensitivities are often a paramount consideration in dispute resolution, and public opinion can create a potential obstacle to resolution for local governments.

Finally, in disputes between private parties and governments, there exist unique sensitivities by private actors who are repeat players in the government-business arena and who wish to preserve their relationships and goodwill beyond resolution of a particular dispute for the sake of future beneficial transactions with government.

A Mediator With Experience in Local Government Law as a Guide to Facilitate Mediation

Mediating local government and business disputes can be an invaluable resource to assist the parties as they navigate through the obstacles that this unique landscape presents. The more the needs and limitations of each party are understood by the intermediary facilitating discussion between the two, the more effectively those discussions for resolution can yield progress.

In particular, a guide who can adeptly shepherd the parties procedurally through the sticky aspects of mediation with a government actor—such as understanding limitations on final settlement authority, Florida’s Sunshine Laws, and concepts of sovereign immunity—greatly improves the likelihood that a mutually agreeable resolution of a dispute can be reached.

Additionally, using mediation as a mechanism for settlement can provide a window for creative solutions that allow the parties to shift perspective from the adversarial zero-sum endeavor seen too often in litigation, to a partnership of negotiation for a mutually beneficial outcome more commonly brokered in government fora. This shift in outlook can lead to an improved relationship between the parties during a tense period of interaction. In this manner, the parties can preserve future transaction potential. In fact, the candid discussions and creative intervention of an honest and knowledgeable broker during mediation may allow the parties to conjure creative solutions and remedies not limited to simple dollar demands. In some instances, these discussions have even been shown to spawn policies that foster outcomes with positive outcomes to the public welfare the government serves. Finally, in most cases, mediation can maintain confidentiality. This can help to lessen the apprehension of public sensitivities to certain disputes and potential political ramifications, simplifying the path to dispute resolution.

Given the distinctive challenges that disputes with government present, a mediator with specific local government experience is an underrated and underutilized, but highly effective, guide on the path to dispute resolution.

Candice Balmori is an attorney at Weiss Serota Helfman Cole + Bierman’s Fort Lauderdale office and represents municipalities on a broad range of issues, including counseling on contracts, compliance with public records, sunshine and ethics laws.

Jamie Alan Cole is a partner and the managing director of the firm’s Fort Lauderdale office. He represents local officials and governments in matters that help improve their communities and preserve home rule power. Both attorneys are Supreme Court-certified mediators.

To read the original article in the Daily Business Review, click here.

The post Jamie Cole and Candice Balmori Discuss Mediation and Local Government appeared first on Weiss Serota Helfman Cole + Bierman.