April 11, 2014 Bench Bar Conference by Session

April 11, 2014
Bench Bar Conference by Session
Registration and Breakfast
7:30 am – 8:15 am
Morning General Session
8:15 am – 8:50 am
Session 1
Course
S1T1
9:00 am – 9:50 am
Course Title
Creating Outstanding Legal Documents
 Tips and best practices for using available
technology to create legal documents, especially
Microsoft Word  A panel discussion from the judicial
perspective and the practicing lawyer  An overview
of professional formatting techniques, pages and
paragraphs in legal documents, checking for hidden
information and metadata, & previewing and printing
your document and saving to PDF
S1T2
Domestic Violence & Advance Evidence
S1T3
Ownership Disputes in Closely Held
Corporations
S1T4
Pleading Issues in IP Cases: How to Prevent
Your Complaint from Being Dismissed
S1T5
A view from the Estate and Probate Clerks
Office
Preserving Error Part 1: Pretrial
 Preserving Error v. Fundamental Error  Standard of
Review of Error  Motions to Dismiss  Motions for
Summary Judgment  Motions in Limine  Jury
Selection  Witnesses/Evidence  Motions for Directed
Verdict  Motions for Mistrial  Jury
Instructions/Verdict Form  Argument of Counsel
Overview of the Juvenile System
Confirmed Speakers
The Hon. Lisa T. Munyon
Adriana Linares, Law Tech Partners
Alyson Innes, Conroy, Simberg, Ganon,
Track
Social & Technology
Krevans, Abel, Lurvey, Morrow & Schefer, P.A.
Moderator: C. Todd Smith, C. Todd Smith
Law
The Hon. Alan S. Apte
The Hon. Marc L. Lubet
The Hon. Donna McIntosh
Moderator: The Hon. Robert Evans
The. Hon. Alice Blackwell
The Hon. Frederick J. Lauten
Moderator: Phil Calandrino, Calandrino
Family
Business
Law Firm, P.A.
S1T6
S1T7
The speakers will be involved in a panel discussion
concerning the juvenile delinquency system. Each
speaker will be asked questions regarding the juvenile
process, including but not limited to; detention and
release, trial considerations, sentencing factors, and
direct filing. The speakers will also present a judicial
perspective on common courtroom situations
particular to juvenile delinquency.
1/7/2014
The Hon. John Antoon II
The Hon. David Baker
The Hon. Skip Dalton, Jr.
Moderator:
IP
State/Probate/Bankruptcy
Moderator:
The Hon. Wilfredo Martinez
The Hon. Emerson Thompson, Jr.
Moderator: Jamie Billotte Moses, Fisher,
Civil/PI
Rushmer, Werrenrath, Dickson, Talley & Dunlap,
P.A.
The Hon. Jeanette Bigney
The Hon. Alicia L. Latimore
The Hon. Jose R. Rodriguez
Moderator: Jessica Travis, Law Office of
Jessica Travis, P.A.
Criminal/Juvenile
S1T8
Inside the 5th DCA
 How cases are assigned  How motions are
addressed  What judges are assigned to the motions
calendar and how  How oral argument is scheduled 
How decisions are written  How post decision
The Hon. Wendy Berger
The Hon. Kerry Evander
Moderator: Tom Young, Thomas Wade
Appellate
Young, P.L.
motions are handled
S1T9
ADA & Disability Discrimination Update
 An overview of disability discrimination claims under
federal and state laws  Analysis and practical
Employment
Moderator: Carlos Burruezo, Littler
Mendelson, P.C.
guidance to employment lawyers regarding the latest
developments in disability discrimination
S1T10
Session 2
Course
Trial Preparation 101: The Road to Trial
 Tips on Gathering Information and Preparing for Its
Effective Use at Trial  Master the Rules
 Case Management and Organization Techniques
 Creating a Trial Notebook  Uncovering Key Facts
During the Discovery Process  Useful Discovery for
Trial  Travel Logistics
Jennifer Finch, Southern Trial Counsel, PLC
Amy Guy, Calandrino Law Firm, P.A.
Michelle McKinnie, Killgore, Pearlman, Stamp,
Ornstein & Squires, P.A
Moderator: Bethany Gibson, de Beaubien
Knight Simmons Mantzaris & Neal, LLP
10:00 am – 10:50 am
Course Title
Confirmed Speakers
Outlook for Legal Professionals:
Managing Client Case Content Info
 Learn how the most powerful email and information
The Hon. Margaret H. Schreiber
Adriana Linares
Moderator: C. Todd Smith, C. Todd Smith
manager can help you better organize emails,
contacts, calendars and tasks and avoid malpractice
claims  A panel discussion from the judicial
perspective and the practicing lawyer  An overview
managing email messages from clients, colleagues
and contacts, organizing contact information,
working with calendars, and assigning and managing
tasks and deadlines to support staff
Law
S2T2
How to Navigate the Intersection of Family Law
& Bankruptcy Law
The Hon. Arthur Briskman
Stephen Caplan, Caplan & Associates, PA
Moderator: Jeff Ainsworth, Law Office of
S2T3
Litigation of Privacy & Technology Issues
S2T1
Paralegal
Track
Social & Technology
Family
Robert Bailey Branson, P.A.
Business
Moderator: Drew Sorrell, Lowndes,
Drosdick, Doster, Kantor & Reed, P.A.
S2T4
Use of Experts in Trial Cases
S2T5
Current Estate and Probate Issues in Orange
County
Preserving Error Part 2: Trial / Post Trial
 Verdicts  Motions for Judgment in Accord with
Motion for Directed Verdict  Motions for New Trial 
The Hon. David Baker
Moderator: Diana Tennis, Law Offices of
IP
Diana Tennis
S2T6
Motions for Additur/Remittitur
1/7/2014
The Hon. A. Thomas Mihok
Moderator:
The Hon. Wilfredo Martinez
The Hon. Emerson Thompson, Jr.
Moderator: Jamie Billotte Moses, Fisher,
Rushmer, Werrenrath, Dickson, Talley & Dunlap,
P.A.
State/Probate/Bankruptcy
Civil/PI
S2T7
Overview of Diversion Programs
A panel discussion concerning the various diversion
programs available to criminal defendants in Orange
and Osceola County:  The adult diversion programs
in Orange County, including but not limited to drug
court, mental health court, veterans court, and
pre-trial intervention  The adult diversion programs
in Osceola County, specifically those that are
applicable to county court cases, such as drug court
and county diversion program  The diversionary
programs accessible to juveniles in the delinquency
system  An overview of the Orange County Pre-Trial
Diversion system.
S2T8
S2T9
Course
S3T1
District Court of Appeal
Retaliation Overview
The Hon. Skip Dalton, Jr.
Moderator: Travis Hollifield, Hollifield Legal
Appellate
Moderator: Elizabeth Wheeler, Elizabeth
C. Wheeler, P.A.
Employment
Centre
Jennifer Finch, Southern Trial Counsel, PLC
Amy Guy, Calandrino Law Firm, P.A.
Michelle McKinnie, Killgore, Pearlman,
Paralegal
Stamp, Ornstein & Squires, P.A.
Moderator: Bethany Gibson, de Beaubien
Knight Simmons Mantzaris & Neal, LLP
10:50 am – 11:05 am
11:10 am – 12:00 pm
Course Title
E-Filing and the Transition to a Paperless
Law Practice
Transitioning to a paperless office involves more than
just scanning incoming documents; it requires a
strategic approach and sustained commitment.
Attorneys need to develop good “digital workflow”
procedures to insure that the transition to a paperless
environment is successful and how sustaining a
paperless law office can better serve your clients This
session will offer a practical approach to scanning,
digital file organization, digital workflow, including
the judicial perspective on the transition to E-Filing
and a paperless court system.
S3T2
Jessica Travis, P.A.
Pamela Masters, Clerk of Court, Fifth
Morning Beverage Break
Session 3
Moderator: Jessica Travis, Law Office of
The Clerk of the Fifth DCA and a member of her staff
will explain how the Clerk’s office works. This would
include issues regarding e-filing, motions practices,
etc. Additionally, the role of the Judges’ staff
attorneys would be discussed and explained.
Trial Preparation 102: Tales From Inside the
Courtroom
 What’s in Your Toolkit?  Effective Use of Evidence
 Exhibit Handling  Paralegal Role at Trial  Witness
and Party Coordination  Ethics – The Do’s and Don’ts
During Trial  The Court Reporter id Your Friend
 Professionalism  It Doesn’t End After Trial
Criminal/Juvenile
Coordinator, Orange County
Dave Medvec, Teen Court Coordinator
A View of the Clerk's Office
An overview of employment-related retaliation claims
under both federal and Florida law including claims
brought under Title VII, ADAA, ADEA, FLSA, the Florida
Civil Rights Act, and Florida’s Whistleblower Act.
S2T10
The Hon. Alicia L. Latimore
The Hon. Heather O’Brien
Debra Kirby, Sr. CCO/Pretrial Diversion
School Zoning & Admin Policy Regarding
Custodial / Noncustodial Injunction & No
Contact
S3T3
Commercial Real Estate Leasing, Fair Housing,
& Construction Disputes
S3T4
Special Procedures & Issues in Patent Litigation
Confirmed Speakers
The Hon. Alice Blackwell
The Hon. Robert J. Egan
The Hon. Margaret H. Schreiber
Adriana Linares
Moderator: C. Todd Smith, C. Todd Smith
Track
Social & Technology
Law
The Hon. Timothy R. Shea
Diego Rodriguez, Orange County Public
Family
Schools, District General Counsel Office
Moderator:
The Hon. Wilfredo Martinez
Moderator: Phil Calandrino, Calandrino
Business
Law Firm, P.A.
IP
Moderator:
1/7/2014
S3T5
Current Estate and Probate Issues in Seminole
County
S3T6
Removal: To Remove or Not To Remove. That
is the Question
Media Relations in High-Profile Cases
S3T7
The speakers will be involved in a panel discussion
concerning nuances of high profile cases. Each judge
will provide insights as to the ethics involved with
speaking with the media, both for prosecutors and
defense attorneys. The speakers will discuss different
high profile cases and the ethical situations that the
media can present.
Oral Arguments
S3T8
The Judges will discuss the dos and don’ts of oral
arguments – what works, what doesn’t work and
what could possible jeopardize one’s chances on
appeal
S3T9
Common Law Employment Claims
The Hon. Nancy F. Alley
The Hon. Donna McIntosh
Moderator:
Hon. Karla R. Spaulding
Moderator:
The Hon. Belvin Perry, Jr
The Hon. Debra Nelson
The Hon. Heather Pinder Rodriguez
Moderator: Diana Tennis, Law Offices of
State/Probate/Bankruptcy
Civil/PI
Criminal/Juvenile
Diana Tennis
The Hon. Wendy Berger
The Hon. Jay P. Cohen
The Hon. Kerry Evander
The Hon. William D. Palmer
Moderator: Nick Shannin, Shannin Law
Appellate
Firm, P.A.
This session will address tort claims in employment
cases and will include discussion regarding fraud,
negligent misrepresentation, tortious interference,
and defamation claims made in an employment
context.
S3T10
Judicial Assistants: What They Can Do for You
& What You Can Do for Them
 What is a JA?  Are We the Person in the
Courtroom?  What Do They Do?  Who Covers When
They are Gone?  Computer Programs  Multi-Task –
How Many Balls Do They Juggle at Once?  How
Many Cases Do They Handle at a Time?  What to Do
if You Can’t Get a Hearing Set  How to Get
The Hon. John Antoon II
Moderator: Mary Ruth Houston, Shutts &
Employment
Bowen, LLP
Gay Aaron, JA for The Hon. Jon Kest
Becky Bichard, JA for The Hon. Jerry Brewer
Diane Iacone, JA for The Hon. John M. Kest
Lisa Shorten, JA for Lisa Munyon
Moderator: Kristopher Kest, Lowndes,
Paralegal
Drosdick, Doster, Kantor & Reed, P.A.
Information on How a Judge Runs His Courtroom
Lunch Service: 12:00 pm - 12:30 pm
Program: 12:30 pm - 1:30 pm
Policies and Procedures of Different Courts, Local Rules, Judicial Assignments, and the
Status of E-Filing in Each Court
 Brief introduction of the responsibilities of the Chief Judge in each represented circuit, how he
controls dockets, and the issuance of Administrative Orders to properly direct the courts’ day-to-day
affairs  Discussion regarding the professionalism issues judges see in the represented circuits
 Discussion of the Florida Supreme Court’s ruling: Code for Resolving Professionalism Complaints,
No. SC13-688, including the requirement that the “local committee in each circuit be activated to
receive, screen and act upon any and all complaints of unprofessional conduct and to resolve those
complaints informally, if possible, or refer to The Florida Bar if necessary” and that “the Chief Judge
of every circuit shall create a Local Professionalism Panel to receive and resolve professionalism
complaints informally if possible” (i.e. Local Professionalism Panel plan . Discussion to include the
progress in each circuit, how the panel will work, how panel selected (i.e. will the circuit committee
on professionalism serve as the panel or will a separate panel be created). There will also be a
discussion of the actual “Code for Resolving Professionalism Complaints” approved by the Florida
Supreme Court.
1/7/2014
Chief Judge Belvin Perry, Jr.,
Ninth Judicial Circuit
Judge Terence R. Perkins,
Volusia County
Session 4
1:40 pm – 2:30 pm
Course
S4T1
Course Title
PowerPoint for Lawyers
PowerPoint is a perfect tool for storyboarding
opening statements, closing arguments, and for use
in mediations. Storyboards convey the big picture.
However, PowerPoint can be terribly boring if filled
with bullet points and text in "outline" formats. This
session will focus on how to use PowerPoint
effectively to display graphics that actually help
complement the story, and feature a panel discussion
of best practices for use in the courtroom and
mediation.
S4T2
S4T3
Judgment Enforcement Debt Collection
Garnishment, IWO, Attorney Fees
Commercial Foreclosure & Loan Default
Litigation
Confirmed Speakers
The Hon. Jennifer M. Davis
The. Hon. Lawrence Kolin
Moderator: C. Todd Smith, C. Todd Smith
Track
Social & Technology
Law
The Hon. Sally D. M. Kest
Moderator:
The Hon. John E. Jordan
Moderator: Jason W. Johnson, Lowndes,
Family
Business
Drosdick, Doster, Kantor & Reed, P.A.
S4T4
How to Make Complex Technology Case
Comprehensible & Interesting for the Judge &
Jury
The Hon. Lisa T. Munyon
The Hon. Margaret Screiber
Drew Sorrell, Lowndes, Drosdick, Doster,
IP
Kantor & Reed, P.A.
S4T5
Case Law Update & New Issues in Chapter 7
Moderator:
The Hon. Karen Jennemann
K. Hunter Goff, Law Offices of K. Hunter
State/Probate/Bankruptcy
Goff, P.A.
Gary Lublin, Rush, Marshall, Jones & Kelly,
P.A.
Moderator: Jeff Ainsworth, Law Office of
Robert Bailey Branson, P.A.
S4T6
Roundtable Discussion: Small Claims - Landlord
/ Tenant
S4T7
Evidentiary Issues in Criminal Trials
A panel discussion concerning evidentiary situations
that Judges have encountered on the bench, and the
change in evidentiary rules. The speakers will discuss
the change from the Frye to Daubert standard and
the impact of those changes on the introduction of
evidence in criminal trials.
S4T8
Brief Writing
Judges will discuss what the Court is looking for in
briefs, what is expected (both professionally and
ethically) and what, at a minimum is required in all
briefs filed with the Court. The panel will also discuss
best practices/worst practices when it comes to brief
writing.
S4T9
Hot Topics in Employment Law
 The current status of NLRB decisions  The use of
criminal background checks by employers  The
expansion of Title VII to cover individuals not
previously thought to be protected (i.e., LGBT
individuals)  Ongoing issues arising under the FLSA
and the FMLA The use of unpaid interns.
1/7/2014
The Hon. Tommy Thompson
The Hon. Carolyn Freeman
Moderator: Eric Reed, Shutts & Bowen, LLP
The Hon. Alan S. Apte
The Hon. Marc L. Lubet
The Hon. Jessica Recksiedler
The Hon. Heather Pinder Rodriguez
Moderator: Jessica Travis, Law Office of
Civil/PI
Criminal/Juvenile
Jessica Travis, P.A.
The Hon. Jay P. Cohen
The Hon. Emerson Thompson, Jr.
The Hon. William D. Palmer
Moderator:
Appellate
The Hon. John Antoon II
The Hon. Janet C. Thorpe
Moderator: Sally Culley, Rumberger, Kirk &
Employment
Caldwell, P.A.
S4T10
Do’s and Don’ts From the Bench
 Appearance  Body Language  Organization
 Attentiveness  Etiquette  Electronic Devices
 Court Reporter  Witnesses  Preparation  Voir Dire
 Exhibits  Demonstrative Aids
The Hon. Alice Blackwell
The Hon. Robert LeBlanc
The Hon. Wilfredo Martinez
Moderator: Derrick Valkenburg, de
Paralegal
Beaubein, Knight, Simmons, Mantzaris & Neal, LLP
Break & Exhibitor’s Showcase 2:30 pm – 3:20 pm
Session 5
Course
S5T1
3:30 pm – 4:20 pm
Course Title
Using Technology in the Courtroom
From opening statements to closing arguments,
technology is changing the way trials are being
conducted. Appropriate use of technology in trial can
help present evidence and demonstrative aids in a
visually compelling way with greater efficiency. By
learning how to use the technology available to assist
and persuade a jury, the lawyer can better advocate
for their client. This session will provide instruction
on how to successfully integrate trial presentation
software into your courtroom practice, including an
overview of various options available to the litigator.
The session will include discussion of the judicial
perspective on the use of courtroom technology and
best practices, as well as dealing with objections and
pitfalls of using such technology.
S5T2
Military & Advance Evidence
S5T3
Advanced eDiscovery Disputes
S5T4
Admissibility and the Use of Expert Opinion in
IP Litigation
S5T5
Case Law Update & New Issues in Chapter 13
S5T6
How to Deal with the Rambo Litigator
S5T7
Immigration: Consequences for Criminal
Offenses
Confirmed Speakers
The Hon. Lisa T. Munyon
Matt Benefiel, Court Administrator
Sandra Upchurch, Upchurch, Watson,
Track
Social & Technology
White & Max Mediation Group
Moderator: C. Todd Smith, C. Todd Smith
Law
The Hon. Jennifer M. Davis
Peter Cushing, Peter C. Cushing, Esq.
Moderator:
The Hon. David Baker
Moderator: Drew Sorrell, Lowndes,
Family
Business
Drosdick, Doster, Kantor & Reed, P.A.
The Hon. John Antoon II
The Hon. Skip Dalton
The Hon. Gregory Presnell
Moderator: Richard Dellinger, Lowndes,
IP
Drosdick, Doster, Kantor & Reed, P.A.
The Hon. Cynthia Jackson
Trustee Laurie Weatherford
Moderator: Jeff Ainsworth, Law Office of
State/Probate/Bankruptcy
Robert Bailey Branson, P.A.
The speakers will be involved in a panel discussion
concerning immigration consequences for individuals
charged with criminal offenses. The speakers will
discuss such topics as: what state crimes are deemed
to be aggravated felonies or crimes of moral
turpitude, how do criminal convictions impact visa,
green card, or citizen applications, and deportation
waivers.
S5T8
1/7/2014
The Hon. John M. Kest
The Hon. Marc L. Lubet
Moderator: Eric Reed, Shutts & Bowen, LLP
Philip M. Zyne, Philip M. Zyne, P.A.
David Stoller, Law Offices of David Stoller,
Civil/PI
Criminal/Juvenile
P.A.
Shahzad Ahmed, Nejame, LaFay, Jancha,
Ahmed, Barker, Anesh
Moderator: Natalia Gove, Lowndes,
Drosdick, Doster, Kantor, & Reed, P.A.
Appellate
S5T9
Social Media Issues
 The use of social media in screening applicants and
in making decisions regarding hiring and firing
 Other aspects of how social media affects the
workplace, including its use in connection with
harassment, discrimination, and retaliation claims
 The use of social media in litigation
S5T10
E-Everything 101: E-filing, E-service, & Intro to
E-discovery
 E-filing Statewide  E-service of Filings
 E-discovery - introduction
The Hon. Robert J. Egan
The Hon. Heather O’Brien
The Hon. Heather Pinder Rodriguez
Moderator:
Employment
Richard Connor, ESI Consulting, Inc.
Jeffrey Elkins, Shutts & Bowen LLP
Derrick Valkenburg, de Beaubein, Knight,
Paralegal
Simmons, Mantzaris & Neal, LLP
Moderator: Daniel O’Malley, de
Beaubein, Knight, Simmons, Mantzaris &
Neal, LLP
Session 6
Course
S6T1
4:30 pm – 5:20 pm
Course Title
Ethical Implications of Social Media for
Lawyers
This session will discuss the FL Bar ethics rules and
how it now relates to social media. Examples of what
is and not allowed will be given, as well as strategies
to best manage social media in your practice. The
panel discussion will include the judicial perspective
of what is and isn’t appropriate for the judiciary and
how social media is effecting the administration of
justice when used by jurors and litigants during trial.
S6T2
Retirement: Social Security Division of
Benefits, Term of Alimony, Spousal Benefits…
S6T3
Unfair & Deceptive Trade Practices / Business
Torts
S6T4
Damages in IP Litigation
S6T5
Panel Discussion with Chapter 7 & 13 Trustees
S6T6
The Do's and Don'ts of Discovery
S6T7
Hot Topics in Criminal Law
Confirmed Speakers
The Hon. Robert LeBlanc
The Hon. Jose R. Rodriguez
Keith J. Kanouse, Jr., The Tech Law Firm,
Track
Social & Technology
PLLC
Moderator: Donna Chesteen, The Tech
Law Firm, PLLC
The Hon. C. Jeffrey Arnold
The Hon. Sally D. M. Kest
The Hon. Barry LaBoda
Moderator:
The Hon. Alice Blackwell
Moderator: John Gibbs, Lowndes,
Family
Business
Drosdick, Doster, Kantor & Reed, P.A.
The Hon. John Antoon II
The Hon. Skip Dalton
The Hon. Gregory Presnell
Moderator: Richard Dellinger, Lowndes,
IP
Drosdick, Doster, Kantor & Reed, P.A.
Trustee Leigh Meininger
Trustee Robert Thomas
Trustee Laurie Weatherford
Moderator: Jeff Ainsworth, Law Office of
State/Probate/Bankruptcy
Robert Bailey Branson, P.A.
The speakers will be involved in a panel discussion
concerning the hot topics in criminal law. This session
will involve a question and answer session that will
allow the criminal practitioners a chance to ask the
Judiciary questions regarding topics of general
interest.
S6T8
1/7/2014
The Hon. John E. Jordan
The Hon. John M. Kest
The Hon. Kelly McKibben
Moderator: Eric Reed, Shutts & Bowen, LLP
The Hon. Debra Nelson
The Hon. Jessica Recksiedler
Moderator: Jessica Travis, Law Office of
Civil/PI
Criminal/Juvenile
Jessica Travis, P.A.
Appellate
S6T9
Common Ethical Issues for the Employment Lawyers
Ethical issues inherent in the practice of employment law:
ethics issues related to contacting current or former coworkers/employees of party employer; pre-employment
screening practices, such as background checks, social
media searches, and advising clients re same in relation to
e-discovery and spoliation issues; the solicitation of
potential class and/or collective action members; advising
clients regarding compliance with mediation requirements
re attendance of authorized representative with full
authority
S6T10
Richard Connor, ESI Consulting, Inc.
Jeffrey Elkins, Shutts & Bowen LLP
Derrick Valkenburg, de Beaubein, Knight,
Tools That May Assist in the Discovery Process
Knight, Simmons, Mantzaris & Neal, LLP
Sessions and Speakers are subject to change
5:30 pm – 7:00 pm
Employment
Associates, P.A.
E-Everything 102: Advanced E-discovery
 Skills Needed to Effectively and Efficiently Manage
E-discovery Projects While Keeping Costs Low  Technical &
Legal Knowledge  Emerging E-discovery Dilemmas
 E-discovery Caselaw Update  Latest Practices & Potential
Sponsor Networking Reception
1/7/2014
Marilyn Moran, Baker & Hostetler LLP
Moderator: Kimberly Webb, Jill S. Schwartz &
Simmons, Mantzaris & Neal, LLP
Moderator: Daniel O’Malley, , de Beaubein,
Paralegal