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
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