t h e D A D e C O u n t y B A r A s s O C iA t iO n

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u
an
Custer’s Last Stand?
Florida Supreme
Court Considers PIP
Examinations Under Oath
age 2
2013
ary
iss
this
ue:
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“A Century of Service to Miami-Dade County”
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If the Shoe Fits :
Antitrust and Bankrupcty
Reorganization
age 4
Professionalism Committee
Seeks Nominations for
the Annual Dyer Award
age 5
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Dade County Bar Approves
Joint Resolution on Civility
age 7
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Programs and Services That
Help ou Grow our Practice,
Ga n xperience &
G ve Back
Are You Developing
Business Solely by
Optimism and Serendipity?
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Ass
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In
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National Quality
he staggering twenty-one panels
of experts, from a wide variety of
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96-year history.”
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in the DCBA’s
We are looking forward to
an entertaining and educational
event, which will rival any national
conference. lanning this event has
been a huge undertaking, and owe
a debt of gratitude to my co-chairs
of this conference, Jordan Dresnick
and erman ussomanno, , who
have made every effort to ensure that
this event will be a success. ickets are
available online at dadecountybar.org or
by calling 305-371-2220. egister early
and save big, look forward to seeing you
on February 8th!
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New Interactive Programming
n addition to taking advantage of
a brand new venue, this year’s event
will feature a new interactive program,
where members of the audience and
the bench will have the opportunity for
extensive interaction and open dialogue.
he all-day conference begins with a
plenary session, showcasing the chief
judges and justices of Florida’s state and
federal benches. Afterwards, attendees
may choose to attend any of nearly two
dozen break-out sessions, taught by one
hundred twenty-four of outh Florida’s
most distinguished judges and attorneys.
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largest undertaking
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Conference is the
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Bench and Bar
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“The 2013
Equal Value for Litigators and
Transactional Attorneys
he Bench and Bar Conference
programs will be equally valuable for
litigators and transactional attorneys,
as many panels were specifically
designed for transactional practitioners.
ubjects like real estate transactions,
corporate law, securities law, labor and
employment and healthcare law will be
covered at the Conference. he jampacked day will conclude with a relaxing
cocktail reception.
Garrett Biondo
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Pre den ’ Me
practice areas, will discuss cutting-edge
topics in their fields. here is no need
to travel and incur the expense of an
out-of-town college or seminar for your
continuing education credits, when you
consider the caliber of panelists lined up
for Bench and Bar. he best of the Bar
is represented. n fact, we have panelists
joining us from as far away as California.
For example, om Girardi, whose case
against acific Gas & Company was the
inspiration for the film Erin Brockovich
starring Julia oberts.
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Register Early for the 2013 Bench
and Bar Conference
Do not miss the opportunity to reenergize your practice by attending this
year’s Dade County Bar Association
Bench and Bar Conference. Association
members have until Friday, January
18th, 2013 to take advantage of early
registration discounts. he February
8th Conference will provide attendees
with the opportunity to earn continuing
education credit while networking with
colleagues and members of the bench.
he Conference will offer attorneys
and jurists alike with an unprecedented
opportunity to enroll in courses on
topics ranging from jury selection
and law firm management to tax and
healthcare law. he conference is the
largest undertaking in the DCBA’s
ninety-six-year history, both in terms of
attendees as well as number of speakers
and moderators. undreds of attorneys
and judges are expected to attend the
conference at the beautifully restored
Coral Gables Country Club.
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Bulletin
Ex – Officio
Sookie Williams
ry 2013
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PIP
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Many of the thousands of
cases in Miami-Dade County courts
involve
O issues. t is tempting to
predict that the upreme Court will
simply move the Custer opinion out of
the footnote. owever, Custer opined
about the right to take a “verbal
exam under oath without counsel,”
a narrower sub-issue than the federal
court’s question. n addition to these
considerations, the egislature has
amended § 627.736(6)(g), effective
January 1, 2013, to expressly
authorize
carriers to take
O’s, which many regard as clear
legislative intent. egardless of the
ultimate outcome, the high court can
be assured of a large and attentive
audience when it releases
its opinion.
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PIP
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PIP
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Jane W. Muir, Chair
Mihai Vrasmasu, Vice-Chair
123 NW First Avenue #214
Miami, Florida 33128
305-371-2220
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PIP
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he leventh Circuit quickly
concluded that the Custer footnote
was non-binding ober dicta, noting
that the court was “merely outlining
the complex procedural history of
the case when it mentioned
O’s
in this context.” But Custer had also
distinguished statutory
coverage
from contract-based coverage in its
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The Bulletin Committee
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A purported verbal exam under
oath without counsel in the
context is invalid and more restrictive
than permitted by the statutorily
mandated coverage and the terms
and limitations permitted under the
statutory provisions. The prohibition of
policy exclusions, limitations, and non-
The Certified Question
With the statute itself silent, and
finding no clear answer by the state
appellate courts, the federal court
certified the question to the Florida
upreme Court: “Whether, under Fla.
Stat. § 627.736, an insurer can require an
insured to attend an EUO as a condition
precedent to recovery of PIP benefits?” Oral
argument was held December 4, 2012.
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2012-2014 Directors
Nicolle B. Brito
Samir Ghia
Daniela Gordon
Michelle J. Lynn
Jason Silver
Schuyler A. Smith
Evian White
The Federal Appeal
he confusion in the wake of
Custer prompted the nited tates
Court of Appeal for the leventh
Circuit to ask the Florida upreme
Court consider this issue. Nunez v.
GEICO General Insurance Co. was a
suit in which the insured alleged that
G CO wrongfully denied her
benefits for failing to attend an
O.
he action was removed to federal
court on diversity jurisdiction, and
dismissed with prejudice. unez
appealed to the leventh Circuit,
on whether Florida’s
statute
“permits
Os as a prerequisite to
receiving
benefits.”
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The Footnote
Custer Medical Center v. United
Automobile Ins. Co., considered
“ ndependent Medical
xaminations,” (“ M ’s”), which
are written into the
statute. he
opinion explored what should happen
when the claimant doesn’t show up
for an M . While reviewing the
underlying facts, the Court dropped
a footnote that first observed “[t]he
concept of a verbal examination of
oath is not relevant due to the posture
of this case,” but then went on:
2011-2013 Directors
Darlene Corey
Lacey Hofmeyer
Bradley Kaplan
Jacqueline C. Ledon
Yolanda Paschal
Stuart Weissman
Joshua L. Wintle
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Officers
Suzette L. Russomanno, President
Ethan Wall, President-Elect
Geri Fischman Satin, Secretary
Adam Shapiro, Treasurer
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Young Lawyers Section
Board of Directors 2012-2013
PIP
EU
Timothy M. Ravich,
Delegate 2012-2014
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PIP
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EU
EU
Leonard Elias
Neil Flaxman
Jerome J. Kavulich
Glenn B. Kritzer
Richard M. Leslie
Flora E. Seff
PIP
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PIP
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Group Five
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Examinations Under Oath
One of the most contentious
issues in
law involves the right of
an insurer to require a claimant to
give a verbal “ xamination nder
Oath,” (“ O”) before collecting
any injury benefits. Jurisprudence
and legislation tend to affirm an
insurer’s right to take an
O, but
as a precaution, virtually all carriers
have included an
O requirement
in their policies. ven so, the fact that
is statutorily-mandated coverage,
and that the statute itself says nothing
about
O’s, has led to fierce
disagreement over the right to take
an
O in a
claim. his issue
is finally on its way up, some would
say back up, to the Florida upreme
Court, thanks to a footnote and a
certified question.
Charles Balli
Lisa Berlowe-Lehner
Robert B. Boyers
Steven E. Eisenberg
Carol C. Lumpkin
Thomas M. Santoro
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Group Four
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PIP
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David Bonham
Stephanie L. Carman
Manuel L. Crespo, Jr.
Tiffani G. Lee
Katie S. Phang
Sabrina Puglisi
Explosive Impact
he Custer footnote landed in the
crowded field of
litigation with
the force of a mortar shell. Claimants
argued that the upreme Court had
now ruled that
O provisions in
policies were invalid. nsurers
countered that the footnote was mere
ober dicta and not binding. As the
issue began to appear at the trial level,
most Miami-Dade judges followed the
footnote and started striking carriers’
O defenses. Cases working their
way up to circuit court appellate
panels led to a variety of rulings. One
panel, in nited Auto. ns. Co. v.
Diaz, found that a
O cannot
be a condition precedent to the
payment of benefits, while another,
in State Farm Fire and Cas. Co. v.
Suncare Physical Therapy, Inc., expressly
disregarded the Custer footnote as
dicta and held a
O was a
permissible condition precedent. till
others found middle ground and held
that attending an
O cannot be a
condition precedent to collecting any
benefits but can still be a condition
subsequent to collecting future benefits
he only other appellate case
discussed by Nunez as having bearing
on the specific
context was a Fifth
District Court of Appeals opinion,
Shaw v. State Farm Fire & Cas. Co.,
which had held it “undisputed” that
an insurer can require attendance
at
O as a condition precedent to
recover of policy benefits. owever,
the court noted that haw “did not
distinguish the statutory coverage
at issue in that case from other
types of insurance like the Florida
upreme Court did in dicta in Custer.”
herefore, the leventh Circuit
concluded, “it could be that the
Florida upreme Court may not
follow the appellate court’s statement
in Shaw.” he Nunez court noted
other conflicts among Florida courts
as to whether Custer is persuasive.
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Group Three
DCBA BULLETIN | j
“ There is fierce
disagreement over the right
to take an EUO.”
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Group Two
Zascha Blanco-Abbott
Joshua J. Hertz
Christina McKinnon
Monica F. Rossbach
Adam J. Shapiro
Gilbert K. Squires
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rior to Custer, there had been
scant appellate discussion of the issue
of
O’s in
, and none that took
the narrow position of the Custer court.
analysis. “ hat comment, along with
the court’s suggestion that the nofault statute is mandatory and does
not recognize an
O as a condition
precedent, puts the law in this area in
question.” he statute itself neither
expressly permitted nor forbade
O’s but “ O’s are consistent
with many provisions in the
o-Fault statute.”
EU
Group One
Pedro M. Allende
Eric P. Hockman
Jonathan Kaskel
Matthew S. Mazzarella
Jane W. Muir
Kayla Riera-Gomez
statutory conditions on coverage controlled by
statute is clear.
EU
Matthew J. Ridgely, Executive Director
Johnnie M. Ridgely, Executive Director
(1965-2006)
he Florida
o-Fault
tatute,
Fla. tat.
§ 627.736,
requires
every driver
to carry
$10,000 in
ersonal
njury
rotection (“ ”) insurance and
is arguably the most frequently
litigated statute in Miami-Dade
County. housands of
cases
are pending at any one time. his
may come as a surprise, because
cases tend to hide in plain sight.
he amount in controversy, no more
than $10,000.00, is the jurisdiction
of county courts, and appeals are
to panels of three state circuit judge
panels. Appellate opinions are
published in the Florida aw Weekly
upplement, out of the spotlight.
ven so, the resources expended on
litigation are significant.
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Garrett J. Biondo, President
M. Leslie Smith, President-Elect
Herman J. Russomanno, III,
Vice President
Jason M. Murray, Secretary
Jeffrey A. Rynor, Treasurer*
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By: Oliver Wragg, sq.
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Officers
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Board of Directors 2012-2013
Custer ’s ast Stand? Florida Supreme Court
Considers PIP xaminations nder ath
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DADE COUNTY
BAR ASSOCIATION
Oliver Wragg is a senior trial
attorney at United Automobile Insurance
Company. A 1992 cum laude graduate of
the University of Miami School of Law,
he is a past member of the DCBA Board
of Directors and former Editor of The
Bulletin. He can be reached at
[email protected].
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that fits impeccably. hink of it as
your suit of armor. Because when
you feel like a million bucks, others
feel it too.
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irritable, or blasé in a meeting or at
a networking event can be your oneway ticket to a legal career comprised
only of research, memos, and
doc review.”
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For more information on Geri’s
services, visit www.gerisatin.com.
lease direct all inquiries to info@
gerisatin.com or (305) 377-0788.
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Suzette L. Russomanno may be
contacted at [email protected].
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The Dade County Bar Association Young Lawyers Section
Gratefully Acknowledges Our Generous Sponsors
of the 10th Annual Bids for Kids
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Guests were able to enjoy cocktails while entering their bids on auction items like sports memorabilia
and vacation getaways to benefit the
’ children’s charities
The Hickey Law Firm, P.A.
Stearns, Weaver, Miller, Weissler, Alhadeff
& Sitterson, P.A.
Liquor Sponsor
Southern Wine & Spirits
In Kind Sponsors
Everglades Foundation
eYe KoN Clothing
Gator Park Airboat Tours
Hampton Inn & Suites Miami Brickell/
Downtown
Hard Rock Hotel & Casino
Herman J. Russomanno of Russomanno
& Borrello, P.A.
I’ve Been Framed
Jungle Island
Levine Kellogg Lehman Schneider +
Grossman LLP
Lola James Jewelry
Marquis Plastic Surgery
Men’s Wearhouse
Miami Seaquarium
Monkey Jungle
Mt. Nevis Resort
New Global Solutions
New World Symphony
North Miami Beach Crossfit
Randy and Lauri Kassewitz
Ratzan Law Group
Red Steakhouse
Sheridan HealthCorp
Sirvanti Tailormade
Stephen Swindal
The Bankers Club
The Melting Pot
The Ritz Carlton South Beach
The River Oyster Bar & Grill
Tobacco Road
Trial Graphix
Trulucks
Q Lounge
Vizcaya Museum & Gardens
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Royal Flush Sponsor
United Automobile Insurance Company
Four of a Kind
Arnstein & Lehr LLP
Florida Advocates
Gold & Gold, P.A.
Law Office of Russel Lazega, P.A.
Levine Kellogg Lehman Schneider +
Grossman LLP
Ratzan Law Group
Stearns, Weaver, Miller, Weissler, Alhadeff
& Sitterson, P.A.
Full House
Abadin Cook
Foley & Mansfield
Grossman Roth, P.A.
Kubicki Draper
Lash & Goldberg LLP
Panter, Panter & Sampedro, P.A.
Richman Greer P.A.
Shutts & Bowen LLP
Squire Sanders
Tabas, Freedman, Soloff,
Miller & Brown, P.A.
U.S. Legal Support - Michele Calder &
Jody Shulman
Universal Court Reporting
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On ovember 9, 2012 the
ection of the DCBA held their 10th Annual Bids
for Kids event at he Clevelander, located in the new Marlins Ballpark. Guests
enjoyed cocktails, hors D’Oeuvers and a silent auction, all to support the
ection’s Children’s Charities.
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The Clevelander Hosts 10th
nnual Bids for ids
Never Underestimate the Power
of a First Impression
t’s no secret that the Miami legal
community is small. imply showing
up just isn’t enough. Appearing tired,
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Have at Least One “Power” Suit
hat doesn’t mean wide
shoulders and pinstripes. t means a
basic navy, charcoal or, for women
only, black suit, in a wearable fabric
Take a Long, Hard Look in the
Mirror
Most of us are entirely unaware
of our mannerisms and body
language in a professional setting.
ye darting, lip pursing, arm
crossing, and fidgeting are all coping
mechanisms that should be nipped
in the bud before they are detected
and construed by your colleagues and
clients.
Geri atin, the DCBA/
ecretary and a commercial litigation
attorney at tearns Weaver Miller
Weissler, Alhadeff, & itterson, .A.,
is also a certified image consultant
who uses clothing, grooming, body
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language, color and fit psychology,
communication, and business
etiquette techniques to help lawyers,
litigants, and businesspersons project
the right image in the boardroom,
courtroom, networking circuit,
and public eye. Geri is one of
the only image consultants in the
country specializing in trial image
consulting. When asked what tips
Geri would provide young lawyers
seeking assistance in portraying a
more professional appearance, Geri
explained, “ oung’ and ‘professional’
are not mutually exclusive terms. he
more professional your presence, the
more your age is an afterthought.”
ere are a few tips to get you started.
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Another
year has
come and
gone and
most of us
have silently
set out our
ew ear’s
resolution
for 2013.
Whether
they are personal or professional
resolutions, the DCBA/
wants to
help you improve your professional
persona and provide you some tips
that will help others see you as a
professional lawyer that happens to
be young, not just a young lawyer.
At times, young lawyers entering
this profession or even those that
have been practicing for a few years,
pretend to be something that they
are not to appear more professional
and experienced. he charade may
have left you feeling awkward and
uncomfortable and might have been
obvious to the colleagues or clients
you were attempting to impress. f
we want our profession to continue
its goal of diversifying he Florida
Bar, we need to embrace what makes
each of us unique and special and
focus on delivering the best version
of ourselves to clients and colleagues
at every opportunity. Geri’s tips
will certainly help you get started
on the right track and make 2013 a
productive year!
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By: uzette . uss mann
“Young’ and ‘professional’
are not mutually exclusive
terms. The more
professional your presence,
the more your age is an
afterthought.”
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ew ear, ew ou! Be Seen
as a oung Professional –
ot Just oung
Flush Sponsor
Anna M. Soler-Sierra
Bast Amron LLP
Baster Consulting, PA
Brickell Realty Group LLC
Damian & Valori, LLP
G.E.F.S. Insurance & Investments
Jon Bragman, Inc. - Gemologist and
Jewelry Appraiser
Law Office of Celia Gore
Lott & Fischer, PL
Peninsula Title Corp.
Salmon and Dulberg Dispute Resolution
The Biondo Law Firm
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Guests enjoyed the Clevelander’s lovely view
of the Miami skyline, the Miami iver and
the Marlins’ baseball field from beside the
venue’s indoor swimming pool
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Jason ilver,
Director, Mark ichols and
Damian homas and Adam chuyler mith,
hapiro,
reasurer
Director
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olanda aschal,
Director and
uzette ussomanno,
resident
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Benjamin anrahan, icole eid,
Jessica auth and Jason aCosse
www.dadecountybar.org
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“Solvent competitors,
and potentially
insolvent yet
marketable debtors,
appear to have
found an alternative
to attempting sale
with the failing
firm defense through
bankruptcy.”
Jordan A. Dresnick is a Visiting
Scholar at Columbia Law School. His
research and consulting focuses on antitrust
and trade regulation, and he has been cited
or published by the U.S. Supreme Court,
Harvard Law Review, Yale Economic
Review, Harvard Business School
Publishing, and others. He began his career
as a litigator in the Miami office of Holland
& Knight LLP.
International Shoe and
Bankruptcy
International Shoe raises questions
about the original goals of the
efficient bankruptcy auction-sale of
assets model, free and clear of all
liens. nitially, this method of disposal
of assets was intended to assist a
debtor-corporation in reorganization.
owever, in the past few decades,
“363 ales” seem to have shifted
to become a fast and clean sale
method for large portions, or all of a
business, to a main competitor. his
Nicole Grimal practices at Ehrenstein
Charbonneau Calderin in Miami, where
she focuses on bankruptcy and business
restructuring. Ms. Grimal is a graduate of
the Florida International University College
of Law.
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Conflict with Modern
Bankruptcy
he Failing Firm defense is at
odds with modern Bankruptcy rules,
which require that the assets of a
failing company must be sold for
the highest possible price. nder
bankruptcy regulations, the debtor
must meet the burden of establishing
that the sale is in the “best interests
of creditors.” International Shoe also
ignores considerations that were later
included in Chapter 11 Bankruptcy
procedure. Failing firms are now
rade regulators often put a stop
to horizontal mergers or acquisitions,
as anticompetitive transactions that
violate federal antitrust regulation.
Critics pan the use of the failing
firm defense to these mergers for the
potential implications on consumer
welfare in court decisions, academic
studies, and regulatory enactments
alike. ven so, the reality is that the
number of Chapter 11 reorganizations
truly intended to reorganize insolvent
companies is diminishing. olvent
competitors, and potentially insolvent
yet marketable debtors, appear to have
found an alternative to attempting sale
with the failing firm defense through
bankruptcy. owever, the use of 363
ales among competitors may weaken
the impact of the Clayton Act and
substantially lessen competition. n the
end, consumers may suffer as a result.
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No Failing Firm Standard
Consumer welfare advocates
point out that there is no standard
to be met for a company to invoke
the failing firm defense. owever,
Bankruptcy procedure is not
without critics either. For example,
sociologist Kevin Delaney argues
that “bankruptcy is really politics
by another name...[i]n bankruptcy
court, rather than at the negotiating
table, workers saw their wages
slashed...[b]ankruptcy even played
a key role in the opening of a
nuclear reactor.” ven so, there
have been questionable mergers due
to the absence of any clear failing
firm standard.
outcome is quite different from the
reorganization of the debtor-entity.
For example, many suspect that WA
Airlines filed Chapter 11 in 2001
for the sole purpose of selling its
planes and landing gates to American
Airlines and similarly, within weeks
of filing for Chapter 11 protection in
2002, Budget’s car rental operations
sold most of its assets to the parent
company of its competitor Avis.
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he current state of corporate
restructuring and asset sales in
bankruptcy court may have limited
the need for companies to assert the
failing firm doctrine. ven though
antitrust laws hinder acquisitions
with burdensome sale approval
requirements, section 363 of the
Bankruptcy Code and relevant case
law requires only that the debtor
establish a broad, yet sound business
justification for its proposed sale.
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ection 7 of the Clayton Act
proscribes mergers and acquisitions
“the effect of [which] may be
substantially to lessen competition, or
to tend to create a monopoly.” ven
so, in 1930, the . . upreme Court
carved out an exception to this rule
for corporate law in International Shoe
Co. v. FTC. n the decision, the Court
sanctioned otherwise anticompetitive
mergers or acquisitions where the
parties can establish that, but for
the transaction, the target firm
would fail. he acquired firm need
not be insolvent or wholly certain
to go out of existence; instead, it
must be ambiguously “in failing
circumstances,” where “recovery...
to a normal condition was, to say
the least, in gravest doubt.” he
holding explains that the defense only
applies where there is no other viable,
alternative purchaser of the failing
firm’s stock or assets. his doctrine
was soon dubbed the “Failing
Firm” defense.
One of these occurred in
1997, when the Federal rade
Commission approved the merger
of the world’s then first and third
largest manufacturers of large
civil aircraft, Boeing Corporation
and the McDonnell Douglas
Corporation (“MDC”), respectively,
on the grounds that the latter was
a weakening competitor. Many
uropean critics called the decision
“nothing more than a political
anomaly by the F C [aimed at]
creating a national champion to
defeat Airbus in the contentious,
large civil aircraft market.”
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protected by permitting
debtor-in-possession status.
his procedure allows
failing companies to reject
contractual obligations,
but caps liability, stays
litigation, and promotes
and protects additional,
superseding debt vehicles.
he Chapter 11 menu
includes liquidation through
sale or reorganization, which is
often achieved through a partial
sale process, known as “363 ales.”
International Shoe never contemplated
these options, instead only
anticipating a failing entity would be
sold as a unit or close its doors.
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If the Shoe Fits: ntitrust and Bankrupcty eorganization
Collecting on Judgments County Court Seminar
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DCBA BULLETIN | j
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Attendees were able to learn about collecting on a judgment from attorneys eonard lias and
obert Abramson
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On December 5, 2012 the
County Court Committee held a
seminar on Collection on a Judgment
for both attorneys and the public
at the Miami-Dade Fire escue
eadquarters raining Facility in
Doral. eonard lias, Consumer
Advocate with the Miami-Dade
County Department of Consumer
ervices, and obert Abramson,
collections attorney, discussed asset
location, garnishment of assets,
obtaining writs of replevin and more,
and answered questions regarding
collections issues.
obert Abramson and Jane Muir
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Membership Mixer & Townhall Meeting
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Jesse anuccio, General Counsel for the Governor ick cott of Florida, joined the Dade County Bar Association and the Federalist ociety for a Membership Mixer
and own all Meeting on December 6, 2012. undreds of guests enjoyed cocktails and hors d’oevres sponsored by Findlaw and Westlaw at Fado rish ub &
estaurant, while they connected with colleagues and learned more about the Governor’s policies and plans.
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aurie Buchanan, Judge obert . Belanger and Judge Donald J. Cannava
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on. Fleur obree and oy Gonas
ponsors, Brian Kuhn and andra Bennett
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with Jessie M. anuccio, General Counsel, tate
of Florida
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Garrett Biondo, DCBA resident, Judge Dorian K. Damoorgian and Jefferson . Knight,
Federalist ociety
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Guests mingle and enjoy the atmosphere at Fado rish ub & estaurant at
Mary Brickell Village
Alan . Fine and eslie mith, DCBA resident- lect
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presided over important civil rights
and voting rights, including a ruling
in 1967 to reapportion Florida on the
“one-man, one-vote” principle.
ominating form and instructions are
available on the Association’s website,
www.dadecountybar.org or contact
the DCBA office at (305) 371-2220.
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Judge David W. Dyer, for whom
the historic downtown Miami post
office and current federal court
is named, was nominated to the
nited tates District Court for the
outhern District of Florida in 1961
by resident John F. Kennedy. Judge
Dyer became Chief Judge in 1962. n
1966, Judge Dyer was elevated to the
nited tates Court of Appeals for the
leventh Circuit. here, Judge Dyer
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he David W. Dyer Award is
the most important award given by
the DCBA. t recognizes a lawyer
or judge whose conduct reflects
and honors the integrity, humility,
compassion, and professionalism of
Judge David W. Dyer himself.
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he Dade County Bar
Association (DCBA) is accepting
nominations of Dade County
lawyers or judges for the David W.
Dyer rofessionalism Award. he
deadline to submit nominations to
the DCBA office is February 15,
2013 without exception. he Award
will be given at the DCBA’s Annual
nstallation Ceremony.
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Professionalism Committee Seeks ominations for
the nnual yer ward
www.dadecountybar.org
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Kelly walked into Dade egal
Aid’s downtown office seeking help.
With the assistance of Domestic
Violence roject Attorney teven
aulson, they prepared for the
hearing on her etition for njunction
for rotection Against Domestic
Violence. Once in Court, Mr.
aulson presented testimony and
evidence that went far beyond what
was required for the issuance of
the ermanent njunction. Kelly
had provided Mr. aulson with
photographs of her injuries that
were taken shortly after the incident.
When the Judge saw the photos
he commented that these injuries
were the worst he had ever seen in
17 years on the bench of a victim
that was still alive. During crossexamination of Kelly’s boyfriend, he
admitted to the brutal beating. he
Judge entered a ermanent ndefinite
estraining Order against Kelly’s
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After an argument at a party,
“Kelly” and her boyfriend went
home. Once home, Kelly tried to
stay away from him, but he became
irate and began punching her in
the face. he ran to another room
but he caught her and continued to
beat her severely. After her boyfriend
pounded seemingly endlessly on her
face, Kelly’s son, who was home at
the time, interrupted the attack and
her boyfriend stopped. Kelly tried
to find her cell phone to call police
but her boyfriend had taken it. he
ran to a neighbor’s house and they
called police. he boyfriend was
arrested and Kelly was transported
by paramedics to the hospital. At the
hospital she underwent 9 hours of
surgery to repair the 4 broken bones
in her face, including the installation
of a metal plate.
teven aulson, sq. and Gina Beovides, sq.
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egal id awyer Fights
omestic iolence
Dade egal Aid currently has
3 full-time dedicated Domestic
Violence roject attorneys serving
victims in Miami-Dade County:
teven aulson, Gina Beovides, and
Michelle Ortiz. hey are located
in downtown Miami at Dade egal
Aid’s main office in the Dade County
Bar Association Building, in the
awson . homas Courthouse
Center and in deep south MiamiDade County at the M. .J. . .
offices. hey cover hearings in the 4
court houses that conduct Domestic
Violence hearings and represent over
1200 victims of Domestic Violence
per year. n addition to representing
victims in hearings, Dade egal
Aid’s Domestic Violence attorneys
address many other issues and
concerns for their clients including
safety planning, crisis counseling, and
direction and information regarding
other services that are available to
them. Dade egal Aid also works in
the areas of Family aw, robate and
Guardianship, Bankruptcy, ousing
and the ut omething Back ro
Bono roject.
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“ We represent over 1200
victims of Domestic
Violence per year.”
boyfriend, preventing him from
coming within 500 feet of her home,
work or school, and preventing him
from having any kind of contact with
her, in person, text, email, third party
or otherwise. Because these hearings
are recorded and Kelly’s boyfriend
had pending criminal charges against
him, Mr. aulson contacted the tate
Attorneys Office to let them know
he admitted to the beating and they
could use the recording as evidence
against him in the criminal case.
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nfortunately this was not the
first time her boyfriend was violent
with her. n the past, he has hit her
with a belt, held a sharpened stick to
her neck and threatened to kill her.
When she tried to leave him before,
he would not let her go. owever,
now Kelly was determined to end the
relationship and keep her boyfriend
away from her permanently.
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For more information regarding
sponsorships or to purchase tickets
for the Battle of the Bands, please
visit www.dadelegalaid.org, or
contact Wendy Wilson at wwilson@
dadelegalaid.org. Advance tickets are
$20, and can also be purchased for
$25 at the door.
Guests at the inaugural Battle of the Bands enjoyed
music, cocktails and hors d’oevres and fun
David Axelman, sq., of McDonald
opkins, with his band he Gunners,
which also featured students from M aw
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alk, featuring Dade egal Aid’s own teven aulson
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ernandez, sq., on electric guitar
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he Fit, with Joe
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pearheaded by Chair Jane
Muir, sq, the American dolstyle competition will be judged by
audience participation, via high-tech
vote by text and by two prominent
members of the outh Florida
judiciary: onorable ichard J.
uarez, hird District Court of
Appeal and onorable tanford
Blake, 11th Judicial Circuit of Florida
and a third “mystery” judge. he
band line-up includes defending
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ast year’s Battle of the Bands
was wildly successful in raising funds
for Dade egal Aid, the oldest civil
legal services provider to qualifying
low income residents of MiamiDade County. “ his year our goal
is to raise $25,000 as the demand for
our agency’s legal services has never
been greater,” said haron anger,
xecutive Director, Dade egal Aid.
“We greatly appreciate the efforts of
those involved in making this event a
rocking success!”
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champion Blackstar, and other local
favorites, the rge, the Click and the
Fit. ach band will perform a 25-30
minute set, emphasizing their own
special brand of rock ‘n roll.
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On March 10, 2013, lawyers,
judges and members of Miami’s
business community will be rocking
out in support of Dade egal Aid at
the econd Annual Battle of the egal
Bands. resented by abadell nited
Bank and erforming Arts Xchange
( AX), the event will showcase live
music from bands featuring prominent
lawyers from outh Florida. AX is
a unique music venue located under
the -95 overpass in a former Miami
erald distribution center and was
voted 2012’s Best Venue for ocal
Acts by he Miami ew imes.
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Get eady for the 2013 Battle of the Bands to
Benefit ade egal id
D
ade
County Bar
pproves
Joint
esolution
on Civility
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ptimism and Serendipity?
By: Paula Black
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set your goals with due dates and
commit to making them happen.
ext, find a co-conspirator, mentor or
coach that will hold you accountable.
hen, keep your plan alive by talking
about it often. o, how committed
are you to your 2013 success? f you
are truly committed, then it is time to
write your plan.
4. Make an objective review of
your website. Does it convey the
quality of the legal services you
deliver? s the message clear and
concise? s it easy to navigate? Does
it look like a 2013 site or a 1999 site?
t doesn’t need to be state-of-the-art,
but it does need to reflect who you
are today.
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hese are a few sets of ideas to
consider in creating your roadmap.
am sure your unique situation will
reveal even more. Figure out what
actions are necessary for your growth,
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3. s there a publication where
advertising would make sense? Does
it reach your potential client or
referral sources? What message could
you communicate that would set you
apart from other lawyers?
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2. very lawyer should have a
inked n profile. t’s the social media
site that is professional, easy to do
and well respected. ou can choose to
be active or not so much.
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2. Make speeches and give
seminars to trade organizations,
Bar Associations or business
associations. Find the organization
that you can speak to on several
topics. he more times you can
appear in front of the same audience
the better. Find your target.
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1. Can your potential clients find
out about you through the nternet?
n this day and age it is imperative
that you have an nternet presence.
hey must be able to find more than
directories with your office location
and phone number or your website
with basic information. t must be
information of substance.
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1 Write articles, blogs and books.
here is no better way to demonstrate
your points of differentiation than in
the content you write. t makes you
the expert. What will you commit to?
ow many articles? Are you going to
start a blog? s this the year you write
that book you’ve been thinking about
for years?
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1. Work your referrals. ow long
has it been since you really worked
your referrals? Make a list of all
your referral sources. Assign them
code A, B or C. he A’s are the most
productive; they have sent you several
leads. he B’s are the ones you have
gotten a few referrals from, but not as
many as you should. he C’s are the
Increasing Visibility
ou can’t have a practice without
visibility. t can be rocket fuel when
attacked from several directions.
For nstance:
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Building Relationships
he world has changed. he
nternet has opened up vast amounts
of information and new opportunities
to reach people. But, what has not
changed is the human desire for
relatedness. We still want to work
with people we know, like and trust.
everage every possible relationship
and continually build new ones. ere
are two ways to do this:
Increasing Credibility
ou may have a great reputation
with your circle of influence, but that
will take you only so far. f you want
to grow your practice you need to
move beyond your circle. ere are a
few strategies to consider:
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our plan will consist of goals,
projections, dreams and educated
guesses. ere are a few ideas to
consider including in your plan as
you figure out how your roadmap
could look.
“ In order for it to be
driven by more than
optimism and serendipity
you must think about
where you want to go
and how to get there. In
other words, develop
a plan.”
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Where to Begin?
tart by deciding what your
destination will be. ow much
revenue do you want or how many
new clients do you want? What
practice areas do you want to grow or
do you want to start a new practice
area? tart with the destination.
hen figure out what you need to do
to get there and by when.
On eptember 12, 2011, the Florida
upreme Court amended the Oath
of Attorney to include “fairness,
integrity and civility” to the court and
opponents “in all written and oral
communications.” n order to share
this message, the Board of Directors
of the Dade County Bar Association
recently approved a joint resolution to
actively promote the Oath of Civility.
n doing so, the DCBA became a part
of a coalition of thirty-five voluntary
bar associations actively working
to promote adherence to accepted
standards of professional courtesy
across outh Florida through articles,
seminars, luncheons, press releases,
and correspondence. We invite your
cooperation in achieving a higher
level of professionalism in the Bar.
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2. eview your entire contact
list to see if there are people you
know that could introduce you to
people of influence. s there someone
with whom you could form a
strategic alliance?
3. What could you leave with
your prospect that could speak for
you in your absence? A folder with
your business card, a firm brochure
and an article or two? es, you can
tell this potential client to visit your
website. owever, you are no longer
in control, they may or may not go
there. When you hand them a well
thought out, impressive package it
increases your credibility. ou are in
control of delivering that message in
a powerful personal way.
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ones that have potential if you spent
some time cultivating the relationship.
et a goal to work these lists on a
regular schedule. ow many calls will
you make a week? ow many events
will you attend where you could run
into them? Who do you know that
could possibly put in a few good
words for you?
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Be honest.
Are you
counting on
optimism
and
serendipity
to make you
a success? f
that is how
you have
done things in the past, it is time to
declare that 2013 is the year you will
change. But change to what? hat
is the question. n order for you to
accomplish your goals, you must
think about where you want to go
and how to get there. n other words,
you must develop a plan.
Paula Black is a legal business
development and branding expert, author,
consultant and coach. She has advised
individual lawyers and law firms around
the globe on everything from powerful and
innovative design to marketing and business
development strategy and implementation.
She is the award-winning author of “The
Little Black Book” series and the Amazonbestselling “The Little Black Book: A
Lawyer’s Guide To Creating A Marketing
Habit in 21 Days.” For more information
visit: www.inblackandwhiteblog.com or
www.paulablack.com.
www.dadecountybar.org
7
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DCBA Opp rtunities
Dade County Bar Association
123 N.W. First Avenue
Miami, Florida 33128
PRSRT STD
U.S.POSTAGE
PAID
SOUTH FLORIDA,
FL
PERMIT NO. 1110
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4500 Members
pportunities to Get Involved
pportunities to Serve the Profession
100 C
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pportunities to Increase our eferral etwork
Y
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vents a ear
Y
250
More Than
K
pportunities to Increase our nowledge
Y
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Programs
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33 Committees
Mark your Calendar
January 8
January 31
February 14
February 28
YLS Board Meeting
Location: Dade County Bar
Association
Time: 6:30 pm
Criminal Court Committee Bench
and Bar Mixer
Location: Tobacco Road
Time: 5:30 pm
YLS Happy Hour
Location: TBA
Time: 6:00 pm
January 9
February 5
Probate & Guardianship Seminar
Location: Lawson Thomas
Courthouse
Time: 12:00 noon
Member Admission: $10
Non-Member Admission: $20
Grow Your Practice Seminar with
Paula Black
Location: Dade County Bar
Association
Time: 8:30 am
YLS Board Meeting
Location: Dade County Bar
Association
Time: 6:30 pm
January 9
Bench and Bar Conference
Location: Coral Gables Country Club
Time: 8:30 am
Member Admission: $129
Non-Member Admission: $169
DCBA Membership Drive
Location: Bardot
Time: 6:00 pm
January 15
YLS Lunch with the Judges
Location: The Banker’s Club
Time: 12:00 noon
Members Only
Admission: $35
January 17
Criminal Courts Committee Meeting
Location: Dade County Bar
Association
Time: 5:00 pm
January 18
Put Something Back Seminar: “Nuts
and Bolts of Divorce”
Location: TBA
Time: 9:00 am
January 25
DCBA BULLETIN | j
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General Membership
Luncheon with Celebrity
Judges Marian Millian
and Alex E. Ferrer
Location: TBA
ry 2013
General Membership
Luncheon with
Author Brad Meltzer
Location: Coral
Gables Country Club
Time: 12:00 noon
Member Admission: $45
Non-Member Admission: $55
February 12
YLS Lunch with the Judges
Location: The Banker’s Club
Time: 12:00 noon
Members Only
Admission: $35
February 13
DCBA Board Meeting
Location: Dade County Bar
Association
Time: 4:00 pm
February 21
Criminal Court Committee Meeting
Location: Dade County Bar
Association
Time: 5:00 pm
February 22
YLS Schools Committee Mock Trial
Competition
Location: James L. Knight Center
Time: 9:00 am
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YLS Schools Committee Mock Trial
Competition
Location: James L. Knight Center
Time: 9:00 am
Legal Line
Location: Dade County Bar
Association
Time: 6:00 pm
2nd Annual Battle of the Bands to
Benefit Dade Legal Aid
Location: PAX
Time: 5:30 pm
Admission: $20
m rch 12
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February 8
February 15
m rch 6
YLS Lunch with the Judges
Location: The Banker’s Club
Time: 12:00 noon
Members Only
Admission: $35
m rch 14
A
Legal Line
Location: Dade County Bar
Association
Time: 6:00 pm
DCBA Board Meeting
Location: Dade County Bar
Association
Time: 4:00 pm
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February 6
YLS Schools Committee Mock Trial
Competition
Location: James L. Knight Center
Time: 9:00 am
YLS Board Meeting
Location: Dade County Bar
Association
Time: 6:30 pm
February 22
Put Something Back Seminar:
“Bankruptcy”
Location: TBA
Time: 9:00 am
February 23
YLS Annual Softball Tournament
Location: Tropical Park
Time: 9:00 am
February 27
YLS Lunch with the Judges
Location: The Banker’s Club
Time: 12:00 noon
Members Only
Admission: $35
Probate & Guardianship Seminar
Location: Lawson Thomas
Courthouse
Time: 12:00 noon
Member Admission: $10
Non-Member Admission: $20
m rch 20
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January 9
February 14
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DCBA Board Meeting
Location: Dade County Bar
Association
Time: 4:00 pm
Member Admission: None
Non-Member Admission: None
For more information visit www.dadecountybar.org