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November 2014, Vol. IV - In This Issue:
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 | Miami-Dade FAWL members Keri Joseph, Anna Fernandez, Freddi Mack, Director and Pro Bono Committee Chair Elisa D'Amico, Stephanie Fine, and Holly Hamilton help to inspect and pack food with Feeding South Florida
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LETTER FROM THE PRESIDENT
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Happy holidays friends and colleagues. We are gearing up for our largest holiday Judicial Reception ever on December 4, 2014 at the Mandarin Oriental. Over eighty judges have already confirmed their attendance with an expected crowd of close to 400 total attendees. Miami-Dade FAWL will be awarding scholarships to deserving law students, as it does each year. This year, however, is special. Miami-Dade FAWL will be celebrating the 30th year of its scholarship program. Miami-Dade FAWL scholarship recipients are some our most respected and successful peers, and they often remind me just how important the scholarship was to help them make it through law school. I hope to see you all there!
Miami-Dade FAWL is gearing up for a very busy 2015. Gregory Coleman, President of The Florida Bar, has agreed come to host a luncheon in March with Miami-Dade FAWL. We are also preparing for a trip to Tallahassee to lobby for the passage of legislation criminalizing "revenge porn," and we will reach out to all of you to ask you to contact your legislators in support of the bill. Our State Attorney and long-time FAWL member, Katherine Fernandez Rundle has been hard at work with respect to this and other important legislation affecting women and families in Florida. Through our Director and Pro-Bono Committee Chair, Elisa D'Amico, our pro-bono committee continues to serve Miami-Dade County. We hope you will join us in one of the many upcoming volunteering opportunities. Be on the lookout in our weekly "FAWL Fridays" email for upcoming opportunities to join us to help those in our community who need it most.
As I mentioned in a past newsletter, Miami-Dade FAWL has undertaken efforts to ensure that qualified women are applying for and sitting on selection committees for the many awards given to members of our legal community. Recognition for hard work is something that women are statistically less likely to seek, even though this recognition is important when applying for leadership positions. I am pleased to report that through these efforts, we are turning the tides. Miami-Dade FAWL leadership has been asked to sit on several award selection committees and we have seen a recent uptick in qualified women applying for awards that have traditionally and statistically been sought by - and given to - men. We have been very busy in this regard, and it has paid off! Please, continue to apply and continue to reach out if you would like to be considered to sit on award selection committees. Miami-Dade FAWL is here to help you with your efforts.
For those of you I will not see on December 4 at our Judicial Reception, I hope that you have a safe and happy holiday season.
- Deb Baker
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2014-2015 Officers
President
Deborah B. Baker
President-Elect
Ileana Cruz
Secretary
Rebecca Ocariz
Treasurer
Katie S. Phang
Newsletter Editor
Lara Bueso Bach
Directors
Lauren Brunswick
Sherril Colombo
Elisa D'Amico
Madelin D'Arce
Brendalyn Edwards
Courtney Engelke
Mallory Gold
Emilie Kennedy
Linda Leali
Jody Shulman
Alicia Welch
Talia Zucker
Committee Chairs
Ardith Bronson
Stephanie Casey
Kristen Corpion
Kristin Drecktrah
Lindsay Haber
Lisa Lehner
Kate Maxwell
Stephanie Moot
Kelly Pena
Joyce Rodriguez
Deborah Ross-Ocariz
Trisha Widowfield
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MIAMI-DADE FAWL LEADS DIVERSITY INITIATIVE
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By: Stephanie Moot & Courtney Engelke
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Paneslists Herman Russomanno III (DCBA President), Courtney Engelke (Miami-Dade FAWL Accessibility Committee Co-Chair), Stephanie Moot (Miami-Dade FAWL Accessibility Co-Chair), and David Baghdassarian (K&L Gates partner)
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Inspired by the Florida Supreme Court's initiative to eliminate all forms of discrimination within the legal profession, on November 7, 2014, Miami-Dade FAWL, the Dade County Bar Association ("DCBA"), and Disability Independence Group, Inc. ("DIG") hosted a Call to Action Diversity Summit ("Summit") focused on the inclusion of persons with disabilities in bar-related activities. The summit, sponsored by a grant from The Florida Bar and U.S. Legal Support, educated voluntary bar associations on how to develop best practices to ensure that persons with disabilities can participate in bar events. The event hosts asked each voluntary bar association in Miami-Dade County to send a representative on its behalf to attend the Summit. Attendees representing over a dozen voluntary bar associations received a warm welcome from the Honorable Maria Korvick of the Eleventh Judicial Circuit of Florida, Deborah Baker, President of Miami-Dade FAWL, Herman Russomanno III, President of the DCBA and Sharon Langer, Development Director of DIG.
The Summit provided bar leaders with valuable tools to promote inclusion. Miami-Dade FAWL Accessibility Committee Chairs Courtney Engelke and Stephanie Moot, as well as David Baghdassarian, a partner at K&L Gates LLP, shared Miami-Dade FAWL protocols and practical tips for facilitating participation:
- Create an accessibility committee and/or designate an ADA coordinator. Miami-Dade FAWL's Accessibility Committee is responsible for developing best practices to facilitate inclusion of persons with disabilities and for handling requests for accommodation.
- Include accommodation language in all written announcements. (For example, all written Miami-Dade FAWL announcements contain accommodation language so that persons with disabilities are aware that they may contact Miami-Dade FAWL's designee to request an accommodation as needed.)
- Identify resources for persons with disabilities so that requested accommodations are timely provided. (For example, Miami-Dade FAWL worked with Jody Shulman from U.S. Legal Support to provide computer assisted real-time captioning ("CART") for the summit. CART facilitates communication for persons with hearing impairments by transcribing the spoken word into text displayed on a screen.)
- Select venues that welcome persons with disabilities and recognize their needs. (For instance, Miami-Dade FAWL selects venues that provide designated accessible restrooms and parking spaces. It also collaborates with venues regarding table settings and configurations so that persons with disabilities can join tables and move freely around the room.)
The Summit was the first of its kind and marks an important step toward advancing the inclusion of persons with disabilities in bar-related events. Miami-Dade FAWL is proud to be at the forefront of this issue.
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Participants at the inaugural Call to Action Diversity Summit
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GIVING THANKS BY GIVING BACK: MIAMI-DADE FAWL HELPS TO PROVIDE 25,584 MEALS FOR SOUTH FLORIDIANS IN NEED
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By: Elisa D'Amico & Freddi Mack
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Collection of food
supplies donated to Feeding South Florida
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On Saturday, November 15, 2014, several Miami-Dade FAWL members met at the Feeding South Florida ("FSF") warehouse in Pembroke Park to help inspect, sort, and pack food to be distributed to South Floridians who are food insecure. Rather than "hungry," FSF uses the term "food insecure" because each of us feels hunger, but most of us will never know what it is like to wake up and not know where our next meal will come from. To be in that position is to be "food insecure."
Florida is ranked as the 12th state in the United States for food insecurity. In raw numbers, approximately 871,900 South Floridians struggle with hunger. 1 in 4 children (287,650) in South Florida go to bed hungry. And 1 in 7 older adults (150,000) face the choice between paying rent, utilities, buying medication, or putting food on the table. In Miami-Dade County, approximately 384,400 people suffer from food insecurity.
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Anna Fernandez teams up with FLAA Miami Chapter President, Gavin White, and members Mercedes Medina, and McKenzie Livingston
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FSF is one of 202 food banks comprising the national Feeding America network and it is the largest food bank in Florida. FSF is the leading domestic hunger-relief organization in South Florida, serving Palm Beach, Broward, Miami-Dade, and Monroe Counties through a network of nonprofit partner agencies, including soup kitchens, food pantries, homeless shelters, group homes, and other emergency food service programs.
Miami-Dade FAWL members Keri Joseph, Anna Fernandez, Freddi Mack, Director and Pro Bono Committee Chair Elisa D'Amico, Stephanie Fine, and Holly Hamilton (not pictured here), teamed up with members of the Fordham Law Alumni Association ("FLAA") and worked in the "build" room for three hours.
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Stephanie Fine building boxes of food
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The work involved building boxes of food, organized by type of food and within a specific weight range. Volunteers not only had to pack boxes, but also had to inspect the cans and packaging to make sure they were safe for consumption.
Working alongside the FLAA's Miami Chapter and other volunteers for the Saturday morning session, Miami-Dade FAWL volunteers inspected, sorted, and packed 30,701 pounds of food, which provided 25,584 meals for South Floridians in need. In just a few short hours, a few of our members were able to make a huge difference. Miami-Dade FAWL is proud to give back to our community and we hope this is the first of many group service projects to come.
If you are interested in volunteering with FSF, the organization welcomes volunteers Tuesday through Saturday, either 8:30-11:30 AM or 1:30-4:30 PM. More information is available here: Feeding South Florida. If you are unable to donate time, but wish to make a donation to FSF, you can do so here: Donate. The FSF website explains: "For every $1 donated, Feeding South Florida can provide 6 meals to those in need of food assistance."
FSF staff members explained that one way to help is to conserve food by limiting waste. The expiration date listed on food does not always correspond with the date that the food is actually unsafe to eat and/or loses its nutritional value. For example, canned food is safe to eat three years past its expiration date. FSF provided us with a "cheat sheet" used by volunteers to inspect and sort food; this guide can be used at home to help limit the waste of perfectly safe and nutritious food. The FSF Extended Expiration Dates Guide can be accessed here.
 | Miami-Dade FAWL members help to inspect and
pack food with Feeding South Florida |
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| JUDGES AND PRACTITIONERS ATTEND 6TH ANNUAL SPEED MENTORING |
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Speed mentors Judge Sarah Zabel, Judge Beatrice Butchko, Alexandra Bach Lagos, Miranda Soto, and Ileana Cruz.
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On October 29, 2014, Miami-Dade FAWL held its 6th Annual Speed Mentoring Event at Shook, Hardy & Bacon L.L.P. At the event, law students from the University of Miami School of Law, Florida International University School of Law and Nova Southeastern School of Law spent the evening rotating through a five-minute session with prospective attorney and judge mentors in attendance. At the end of the evening, the event participants ranked their top choices for either a mentor or mentee. The Miami-Dade FAWL Mentoring Committee then made mentor/mentee pairings taking these rankings, practice areas, and other factors into consideration.
Miami-Dade FAWL was honored to have many members of the judiciary in attendance, including Judge William Altfield, Judge Beatrice Butchko, Judge Marcia Caballero, Judge Jason Dimitris, Judge Gill Freeman, Judge Richard Hersch, Judge Steven Lieberman, Judge Robert Luck, Judge Sarah Zabel, and Judge Martin Zilber. Although they were unable to attend the event, several other judges, including Judge Milton Hirsch, Judge Thomas Rebull, and Judge Lisa Walsh are serving as mentors. Miami-Dade FAWL thanks event sponsors Shook, Hardy & Bacon L.L.P. and U.S. Legal Support for helping to make this event a huge success!
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GENERAL COUNSEL ADVISE ON NEGOTIATION STRATEGIES PRIOR TO MIAMI DOLPHINS GAME
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 | Participants at The Red Zone: Getting to the Goal Line in
Sports, Business, and Litigation
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On November 13, 2014, Miami-Dade FAWL partnered with the Miami Dolphins and Legal Learning Series to provide a CLE on negotiation tactics entitled,
The Red Zone: Getting to the Goal Line in Sports, Business, and Litigation. The panel was moderated by Lara Bueso Bach and panelists Adam Zissman (General Counsel of the Miami Dolphins), Flora Perez (Deputy General Counsel of Ryder, Inc.), John Ruzich (Vice President and General Counsel of Legends), and Linda Kelly Kearson (General Counsel of the Eleventh Judicial Circuit) each provided insight on negotiation strategies. They advised on topics such as effectively using leverage, negotiation demeanor, dealing with aggressive adversaries, and negotiating with government officials. After the CLE, program participants witnessed another Miami Dolphins victory, as they attended the Miami Dolphins versus Buffalo Bills game that evening.
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| | Pitch perfect panelists Rafael Suarez-Rivas, Warren Stamm, and Miranda Soto |
The Miami-Dade FAWL Leadership Committee launched the first of a two-part series titled "Pitch Perfect." Pitch Perfect is designed to provide practical advice to women lawyers on the RFP process and how to put together a client pitch. The kick-off session was led by a three-person panel consisting of Rafael Suarez-Rivas of the City of Miami, Warren Stamm, General Counsel of Dezer Development, and Miranda Lundeen Soto, partner at Shook Hardy & Bacon L.L.P. Approximately 20 women lawyers participated in this educational and engaging seminar. The next session is scheduled for January 22, 2015, at the Miami offices of Weil, Gotshal & Manges LLP. Participants will have the opportunity to pitch in pairs and receive feedback to teams of in-house counsel decision makers.
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MIAMI-DADE FAWL PARTICIPATES IN PATENTLY IMPOSSIBLE FUNDRAISER
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Miami-Dade FAWL Patently Impossible team members
Nadia Drayton and Evelyn Suero
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On November 6, 2014, Miami-Dade FAWL's Young Lawyers Committee participated in Dade Legal Aid's 5th Annual Patently Impossible Project at the Miami Museum of Science. Miami-Dade FAWL's builders, Evelyn Suero (Dorot & Bensimon PL) and Nadia Drayton (University of Miami School of Law), skillfully raced against other teams to assemble a patented invention. The event raised money for Dade Legal Aid, which has provided a safety net of legal aid for children, families, victims of domestic violence and sexual assault, foster youth, the elderly, the disabled, and other vulnerable groups in our community since 1949. Congratulations are also in order for Miami-Dade FAWL member Ashley Juchawski (staff attorney at Dade Legal Aid's Venture Law Project) who organized this fantastic event.
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Eleventh Judicial Circuit Court
Judge Yvonne Colodny
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On November 5, 2014, Judge Yvonne Colodny of the Eleventh Judicial Circuit Criminal Division joined Miami-Dade FAWL for lunch at La Loggia. She provided the following practice tips from the bench:
Practice Tips:
- Before going to court, familiarize yourself with courtroom policies. Call Judicial Assistants with any questions beforehand, using the online directory available here;
- If you intend to rely on case law not briefed in your pleadings, send a courtesy copy to both the Court and opposing counsel as soon as possible;
- Remember that no client or legal victory is worth compromising your ethics and standing with The Florida Bar; and
- Candor and civility go a long way with Judges.
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Attendees at the lunch with Judge Colodny included: Lauren Brunswick, Raquel Campos, Madelin D'Arce, Brendalyn Edwards, Amy Fuertes, Linda Leali, Stephany Perez, Julie Terry, Melanie Parris, and Trisha Widowfield
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D'Amico and Muir Selected as Miami Herald's "20 Under 40" Emerging Leaders
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Miami- Dade FAWL Board Member Elisa D'Amico, an attorney with the Miami office of K&L Gates LLP, and Miami-Dade FAWL Member Jane Muir, a partner at Gersten Muir, were selected among the 2014 Miami Herald "20 Under 40" South Florida Emerging Leaders. There were more than 300 nominees for this award. Each of the "20 Under 40" award recipients is making a significant impact in South Florida.
Elisa was selected for her pro bono work co-founding the Cyber Civil Rights Legal Project, a global project that provides victims of nonconsensual pornography with pro bono legal services. Nonconsensual pornography, more colloquially known as "revenge
porn," is a form of sexual abuse that involves the distribution of nude or sexually explicit photos and/or videos of an individual without their consent. By utilizing the elite cyber forensic skills of volunteer K&L Gates attorneys, under Elisa's leadership, the Cyber Civil Rights Legal Project aims to become a leading legal resource to protect the rights of "revenge porn" victims worldwide. The Cyber Civil Rights Legal Project already has over 50 volunteer attorneys, on three different continents.
Jane also was selected for her leadership and pro bono work. Jane is a sixth-generation lawyer who founded her own firm, Gersten Muir, after law school. She practices commercial litigation, focusing on South Florida entrepreneurs. She maintains an active pro bono practice and has served on several bar associations. She is the past president of the Coral Gables Bar Association and serves on the board of the Dade County Bar Association. In 2012, she was recognized for her work with "Battle of the Bands," an event that raised $10,000.
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Welch Achieves Significant Litigation Victory in Complex Business Litigation Court
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Miami-Dade FAWL Board Member Alicia Welch, an associate at Weiss Serota Helfman Cole Bierman & Popok ("Weiss Serota"), achieved a significant litigation victory in the Complex Business Litigation Court in Orlando. For the past four years, attorneys at Weiss Serota, including Alicia, have litigated counterclaims filed by a borrower, Standard Property Development, LLC ("Standard"), against United Central Bank ("UCB"). UCB is successor in interest to Illinois-based Mutual Bank, which failed on July 31, 2009 and was placed into FDIC receivership. The borrower's counterclaims are pending in the Complex Business Litigation Court in Orange County, Florida.
On October 30, 2014, Alicia successfully argued UCB's Motion for Summary Judgment for Lack of Subject Matter Jurisdiction under the Financial Institutions Reform Recovery and Enforcement Act on the ground that Standard failed to exhaust mandatory administrative remedies with the FDIC before seeking judicial review on its counterclaims, which were based on Mutual Bank's pre-receivership conduct. In addition to leading the oral argument, Alicia obtained permission from the FDIC to assert the defense on behalf of UCB, and drafted the motion papers, which required developing an argument based on continually evolving federal law nationwide. The Court ruled that the only claims that can proceed against UCB are those based on the post-receivership, independent conduct of UCB, to the extent Standard can allege such a cause of action in an amended counterclaim.
Alicia, along with colleague Samuel Zeskind, also drafted another summary judgment motion to render the primary contractual provision at issue in the case as an unenforceable illusory "agreement to agree" under both Florida common law and the D'Oench Duhme doctrine. The Court granted that motion following oral argument led by Michael Popok.
The combined rulings eviscerated the counterclaims and the borrower's purported $28 million damage claim.
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Kennedy Elected Co-Chair of Miami Chapter of Copyright Society
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 Miami-Dade FAWL Board Member Emilie Kennedy was elected as Co-Chair of the Miami Chapter of the Copyright Society. The Copyright Society "works to advance the study and understanding of copyright law and related rights, the scope of rights in literature, music, art, theater, motion picture, television, computer software, architecture, and other works of authorship, and their distribution via both traditional and new media." |
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