Jeremy S. Rosner – 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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]]> 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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]]> 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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]]> 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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