News
Joanne M. O’Connor Elected as a Jones Foster Officer
Jones Foster is pleased to announce that Litigation Shareholder, Joanne M. O’Connor, has been elected as an Officer of the Firm. “We congratulate Joanne on her well-deserved elevation to Officer”, said Chairman Larry B. Alexander. “Joanne began her career as an Associate at Jones Foster and has built a highly successful practice through her exceptional talent, leadership ability, and dedication to her clients, earning the respect of her peers and the legal community.” Joanne is a Florida Bar Board
Successful Representation of The City of Delray Beach in City Manager Termination
George Gretsas vs. City of Delray Beach, Florida, Shelly Petrolia, Adam Frankel, Ryan Boyston, Shirley Johnson, and Julie Casale Delray Beach City Commissioners voted to suspend City Manager, George Gretsas, along with a preliminary notice to terminate for cause, pending an investigation into allegations of bullying several city employees. He was subsequently charged during a quasi-judicial proceeding with engaging in “a number of instances of misconduct” that warranted his firing. The City Manager filed
Important Year-End Tax Planning
By William G. Smith & Brittany E. Cobb There are a number of steps that can be taken this year to reduce your future estate tax liability, should certain tax proposals be enacted. Depending on the outcome of the November 3rd elections, Congress could make immediate and substantial changes to the tax code, including significantly reducing the estate and gift tax exemption amounts and increasing estate, gift, and income tax rates. If these changes are enacted, existing estate and gift tax exemption
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Jones Foster Shareholder David E. Bowers, Featured Speaker at The Florida Bar Tax Section Virtual Seminar
Shareholder David E. Bowers, head of Jones Foster’s Corporate & Tax and Private Wealth, Trusts & Estates practice groups, was a featured speaker at The Florida Bar Tax Section’s 2020 fall meeting. The four-day virtual gathering included committee and division meetings, networking events, and a full day of continuing legal education (CLE) presentations by leaders in the field on the topic of “Practical Estate Planning in Uncertain Times”. David’s presentation entitled “Use of Trusts After SECURE”
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Getting Comfortable with Electronic Signings
Enforceability of E-Signatures, E-Notarization and E-Witnesses in Florida Transactions By L. Benton Alexander, Jr. and Laura D. MaxwellThe current pandemic has made obtaining original signatures and having documents witnessed and notarized difficult, if not impossible at times. This has particularly affected real estate transactions in Florida, where, like other states, certain documents must be witnessed and notarized to be recorded. Consequently, many are asking whether documents can be signed,
Jones Foster Expands Practice Groups with Two Attorneys
Jones Foster is pleased to announce the addition of two new attorneys, Laura D. Maxwell and Brittany E. Cobb, to the Firm’s West Palm Beach office. Laura Maxwell has joined the Real Estate practice group, while Brittany Cobb has joined the Firm’s Corporate & Tax and Private Wealth, Trusts & Estates practice groups. These hires denote the Firm’s resilience and commitment to its clients during a time of unprecedented adversity within the community and the nation. “Our continued emphasis on
Jones Foster Attorneys Recognized by The Best Lawyers in America 2021 Edition
Jones Foster is proud to announce that nearly half of the Firm’s attorneys have been named in the 2021 edition of The Best Lawyers in America©, a prestigious legal peer-review publication that recognizes the top 5 percent of practicing lawyers in the nation. This annual guide of outstanding attorneys is the result of exhaustive peer-review surveys of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers selects one
Joanne M. O’Connor Serves as Moderator for Judges Panel at Palm Beach County Bar Association Webinar
Litigation Shareholder Joanne O’Connor served as co-moderator for the Palm Beach County Bar Association (PBCBA) webinar entitled, “Civility and Good Practice: Navigating Complex Cases During the Pandemic.” The webinar featured a distinguished panel of federal and state court judges, including U.S. District Judge Robin Rosenberg, U.S. Magistrate Judge Bruce Reinhart, Fifteenth Judicial Circuit Judge Glenn Kelley, and Fifteenth Judicial Circuit Judge Cymonie Rowe. Civility and good practice within the legal
Adapting Distressed M&A Due Diligence Practices in the Age of Covid-19
By Kevin T. Lamb, Corporate Law Senior Counsel and Hanna B. Rubin, Intern, 2020 Summer Associate Program In a year that has come to be defined in large part by a global pandemic, many businesses have faced challenges they were not prepared to weather. As a result, mergers and acquisitions involving distressed companies (commonly known as “distressed M&A”) have increasingly attracted the attention of legal and financial industries. Entities that “thrive” amidst the challenges “will have the opportunity to
Genny Bernstein Receives “Member of the Year” Award from The Florida Bar Elder Law Section
Jones Foster is pleased to announce that Estate Planning and Board Certified Elder Law Attorney, Genny Bernstein, has been named by The Florida Bar’s Elder Law Section as a Member of the Year. The announcement came during a recent Executive Council meeting in which three Elder Law Section members were recognized for their outstanding service. Genny was chosen as an award recipient for her dedication and longstanding contributions to the Section. She was recently named Chair of the Publication Committee,
Shareholder William G. Smith Assumes Role of President, East Coast Estate Planning Council
Jones Foster is proud to announce that Shareholder William G. Smith has been elected president of the East Coast Estate Planning Council Palm Beach County for the 2020-2021 term. Bill will lead the Council’s Board of Directors in planning and conducting the Council’s Fall 2020 – Spring 2021 season and will host the Council’s monthly meetings during the season. The East Coast Estate Planning Councilhas been serving the professional education and business development needs of estate planning
Genny Bernstein Named Chair of The Florida Bar Elder Law Publication Committee
Jones Foster is pleased to announce that Estate Planning and Board Certified Elder Law Attorney, Genny Bernstein, has been appointed Chair of the Florida Bar’s Elder Law Section Publication Committee for the 2020-2021 term. As Chair, Genny will be responsible for the publication of the Section’s newsletter,The Elder Law Advocate. Released 3 times per year, the newsletter provides South Florida Elder Law practitioners with legal insights, recommendations and strategies, industry resources, and analysis
Jones Foster Attorneys Reappointed to Florida Bar Committees
Jones Foster is pleased to announce the reappointment of several attorneys to serve on Florida Bar Standing Committees. Attorneys have been appointed by The Florida Bar president Dori Foster-Morales for the term beginning July 1, 2020, and will actively participate in the following committees throughout the year, using their experience to further enhance the important work of The Florida Bar. Board Member and Shareholder, Theo S. Kypreos, will serve on the Probate Rules Committee, a committee charged
Jones Foster’s 2020 Summer Associate Program Commences
Jones Foster is pleased to announce that three summer associates have joined the Firm for its 2020 Summer Associate Program. This year’s summer program scheduled to begin at the end of May was delayed due to the Covid-19 outbreak. The accelerated schedule will run from late June through mid-August. The Firm’s competitive program admits highly accomplished law students who are dedicated to building a career in the legal field. During their training, summer associates receive invaluable experience,
Michael Gore Hosts Palm Beach Chamber Webinar to Discuss Legal Considerations for Reopening Businesses
By Michael J. Gore Michael Gore served as a featured speaker at a recent Palm Beach Chamber of Commerce webinar on the topic of legal considerations for employers tasked with reopening their businesses and implementing procedures to protect employees in the months following the COVID-19 outbreak. We have outlined the following key considerations and resources for businesses and employers. Employee Safety | OSHA Guidance on Preparing Workplaces for COVID-19 Employers should be mindful of and comply
Peter A. Sachs Appointed to Board of Directors for Legal Aid Society of Palm Beach County
Jones Foster is proud to announce that Firm Board Member and Litigation & Dispute Resolution Shareholder Peter A. Sachs has been appointed to the Board of Directors for the Legal Aid Society of Palm Beach County for a 3-year term. The Legal Aid Society of Palm Beach County was founded in 1949 with a mission of providing equal access to our judicial system to qualified and low-income residents and non-profits in Palm Beach County. The range of services now offered to the community extends beyond the
Jones Foster’s Joanne M. O’Connor Appointed as Defendants’ Liaison Counsel in Zantac Multidistrict Litigation
Jones Foster Litigation Shareholder Joanne M. O’Connor has been appointed by U.S. District Judge Robin L. Rosenberg as Defendants’ Liaison Counsel in the Zantac (Ranitidine) multidistrict products liability litigation. As Defendants’ Liaison Counsel, Ms. O’Connor holds a pivotal leadership role as the point of contact for the transferee court, charged with expediting the resolution of complex litigation through the centralized distribution of information among and between defense counsel, the
Genny Bernstein Named Co-Chair of FAWL PBC Board Certification Committee
Jones Foster is pleased to announce that Estate Planning and Elder Law Attorney, Genny Bernstein, has been named by the Florida Association for Women Lawyers Palm Beach County chapter (FAWL PBC) as Co-Chair of the Board Certification Committee for the 2020-2021 term. As Co-Chair, Genny’s focus is to create opportunities for FAWL members to learn more about the importance of becoming Board Certified, its value to an attorney’s practice, tips about the application process, and exam requirements. As a
New SBA Guidance on the Paycheck Protection Program (PPP)
By David E. Bowers, Erica R. Haft The Small Business Administration’s Paycheck Protection Program (PPP), established by the CARES Act in late March 2020, is a new frontier that has left individuals puzzled. However, the SBA recently issued additional guidance that we hope will provide some clarification. Background To obtain a PPP loan, borrowers are required to complete an application and therein certify in good faith that “the uncertainty of current economic conditions makes necessary the loan request
Reopening Businesses: Legal Considerations for Employers
By Michael J. Gore While the pandemic continues, much of the nation, including Florida, has shifted its focus on reopening. Naturally, there are a number of legal issues that businesses need to be aware of as the economy begins to restart. We have outlined below some key considerations for businesses and employers. 1) Safety of Employees Employers should be mindful of and comply with applicable federal, state, and local orders and guidelines regarding employee safety in the workplace. A good resource
Unintended Consequences of Furloughing Employees
By Michael J. Gore Many employers are rightfully concerned with how best to manage the implications of the COVID-19 crisis on their business, with some considering “furloughing” their employees as a way to mitigate the financial impact. While this trend is increasing in popularity, there are a number of unintended consequences associated with furloughing employees that businesses should consider in the decision-making process. For example, issues may arise regarding non-compete agreements or employee
Can COVID-19 Get Me Out Of My Real Estate Contract?
By Mark H. Dahlmeier and Jesse J. Hap There is no doubt that COVID-19 is affecting every industry and market across the globe. Many impacts of the pandemic remain to be seen, but buyers, sellers, landlords, and tenants of residential and commercial properties are already experiencing some of the consequences. Many buyers are wondering if it’s possible that COVID-19 could get them out of a signed real estate contract that is pending closing. This is a fair question, especially for buyers who were
Using Zoom to Stay Connected? Protect Your Privacy.
By Robert W. Wilkins, ShareholderWhat you need to know about protecting your privacy while working remotely. The impact of COVID-19 is being felt by individuals and businesses across the country, resulting in many of us working remotely and relying heavily on technology such as Zoom to stay connected. Zoom, the well-known video and web conferencing platform, has seen a sharp rise in use over the past few weeks with a growing number of individuals and professionals in all industries using the app. While
How The SECURE Act May Affect You and Your Beneficiaries
By David E. Bowers, William G. Smith, Erica R. Haft On December 20, 2019, President Trump signed legislation that contains provisions from the Setting Every Community Up for Retirement Enhancement Act of 2019 (referred to as the “SECURE Act”). We have summarized below some key considerations and consequences. Significant Changes The SECURE Act alters how Individual Retirement Accounts (“IRAs”) are transferred upon the IRA holder’s death. Effective January 1, 2020, the SECURE Act changes IRA provisions,
Peter A. Sachs, Featured Speaker at the Planned Giving Council of Palm Beach County Event
Jones Foster Litigation Shareholder, Peter Sachs, was a featured speaker at the Planned Giving Council of Palm Beach County’s monthly breakfast meeting. The gathering provides a forum for members and guests to learn from prominent speakers in various industries and to network with professionals who have a role in designing and implementing philanthropic plans. Mr. Sach’s presentation, entitled, Understanding the Diminishing Capacity of Donors and Clients within Philanthropy, discussed the importance of
Get to Know Corporate & Tax and Private Client Attorney William G. Smith
Bill Smith, Firm Shareholder and a member of the Corporate & Tax and Private Client teams, concentrates his practice in the areas of estate planning, estate and trust administration, taxation, and corporate law. We sat down with Bill to discuss his practice here at Jones Foster, as well as some current issues that may impact clients. How do you describe your practice to non-attorneys? I concentrate my practice in the areas of estate planning, estate and trust administration, taxation, and corporate
Jones Foster Litigation Shareholder, Robert Wilkins, Authors PBCBA Article on Ephemeral Messaging App Risks
Client Litigation Risks When Using Ephemeral Messaging Apps By Robert W. Wilkins According to Merriam-Webster’s dictionary, ephemeral means “lasting a very short time.” A number of messaging apps are designed for this very purpose — to allow messages and photos to self-destruct. SnapChat, Confide, Telegram, Hash, Signal, Wickr and an ever-growing number of similar messaging apps promote themselves based on both the power of their end-to-end encryption and their ability to disappear without a trace. For
Jones Foster Litigation Shareholder Steven J. Rothman Joins Prestigious American Board of Trial Advocates
Jones Foster is proud to announce that Litigation Shareholder, Steven Rothman, has been accepted into the American Board of Trial Advocates (ABOTA). Membership in ABOTA is by invitation-only and is considered to be one of the most prestigious affiliations for trial attorneys. All members must meet a list of professional requirements as well as extol the virtues of civility, integrity, and professionalism. The local Palm Beach Chapter of ABOTA is comprised of only 107 select members of the legal
Jones Foster Sponsors Peggy Adams’ 2020 Walk for the Animals
Jones Foster was a proud sponsor of the Peggy Adams Animal Rescue League’s 2020 Annual Barry Crown Walk for the Animals, which took place at the Meyer Amphitheater on Flagler Drive in West Palm Beach on February 22, 2020. As a corporate sponsor of the event’s Pet Costume Contest, Firm Shareholder Theo Kypreos and Attorney Erica Haft were selected to serve as Judges alongside WPBF TV’s Ron Burke and Vanessa Vinent. Jones Foster employees and their families took part in the walk as part of the Firm’s
Joanne M. O’Connor, Speaker at The Florida Bar Trial Lawyers Section Event
Litigation Shareholder Joanne O’Connor was a featured speaker at The Florida Bar Trial Lawyers Section’s Civil Trial Update & Board Certification CLE course. Her presentation, entitled ‘Recent Developments in Business Litigation’, discussed topics including; The Florida Deceptive and Unfair Trade Practice Act (FDUTPA); the rise of the independent tort doctrine; proposals for settlement; and new developments in arbitration. The Trial Lawyers Section of The Florida Bar provides a forum for discussion
Understanding Your 2020 Long-Term Care Benefits
“When I sit down with a client, I look at the big picture. I consider the individual, their family situation, medical and emotional needs (short-term and long-term), possible government benefits available (Medicaid, Veterans benefits), tax implications, and then I assist in determining the best plan for their circumstances.” – Genny BernsteinElder Law is a complex and highly specialized area of practice that requires a comprehensive understanding of both State and Federal Laws in addition to the ability to
Get to Know Land Use & Governmental Attorney Thomas J. Baird
Thomas J. Baird, Land Use & Governmental Practice Group Co-Chair, is a Florida Bar Board Certified specialist in City, County, and Local Government Law, and is certified by the American Institute of Certified Planners as a land use planner. We sat down with Tom to get a little more information about his background and his practice here at Jones Foster. How do you describe your practice to non-attorneys? A large part of my practice involves the representation of municipalities and other governmental
Construction Defense 101 – It’s All About the Budget
By Robert W. Wilkins Best practices for defense counsel when working with insurance adjusters in construction cases A typical construction project involves the owner, the design professionals (architects and engineers), the general contractor, and numerous subcontractors. When something goes wrong and litigation ensues, there are many potential defendants. Which of these defendants you represent affects how you evaluate your litigation strategy. Regardless whom you represent, one challenge is universal:
Robert W. Wilkins and Joanne M. O’Connor Serve as Panelist and Moderator at Palm Beach County Bar Association Luncheon
Litigation Shareholders Rob Wilkins and Joanne O’Connor served as panelist and moderator, respectively, at the Palm Beach County Bar Association (PBCBA) Judicial Relations Committee ESI Discovery Luncheon, held at the Judge Daniel T. K. Hurley Courthouse. The Judicial Relations Committee presented “A Practitioners Guide to Federal and Florida ESI Discovery”, with panelists assembled to discuss recent federal opinions regarding ESI discovery and the practical implications of ESI for state
Jones Foster Launches New Community Program
Jones Foster Impact, a firmwide community program, was announced this week by the Board of Directors. Jones Foster Impact will offer all employees a platform to collaborate, engage, and collectively impact the community through efforts designed to support local charitable organizations. Board Member and Litigation Shareholder, Theo Kypreos, expects that many positive outcomes will result from this initiative. “I am personally very excited about Jones Foster Impact. For almost a century, our Firm and
Dixie Vodka Secures Multi-Year NASCAR Partnership as First “Official Vodka”
Jones Foster Corporate attorney, Kevin T. Lamb, represented Grain & Barrel Spirits brand, Dixie Vodka, in a multi-year sponsorship deal as the first official vodka of NASCAR. A certified South Carolina product, Dixie Vodka is the largest premium craft vodka produced in the Southeast and is one of the fastest-growing spirit brands in the United States. The NASCAR partnership represents a major branding initiative to expand its market presence by aligning with the iconic sports league and its fervent fan
John C. Randolph Receives Proclamation from the Mayor of the Town of Palm Beach
Jones Foster is proud to announce that Land Use and Governmental Shareholder, John “Skip” Randolph, has received a Proclamation of the Mayor of the Town of Palm Beach, Gail Coniglio, in appreciation of his 40 years of service to the Town of Palm Beach. Mayor Coniglio proclaimed the date of December 11, 2019, a day of gratitude for his outstanding commitment to the community.Mr. Randolph began his service to the Town of Palm Beach on September 19, 1979, and during his tenure as Town Attorney, he
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Get to Know Litigation Attorney Peter Sachs
Peter Sachs, Litigation Shareholder and the 2020 Best Lawyers in America "Lawyer of the Year" for Trusts & Estates Litigation in West Palm Beach, represents individuals and institutions in the prosecution and defense of complex trust and estate, guardianship, and commercial litigation matters. Peter is a Fellow of the American College of Trial Lawyers, a Florida Bar Board Certified Civil Trial and Business Litigation specialist, and is certified by the National Board of Trial Advocacy. We sat down with
Scott G. Hawkins Reflects on Role as Former Florida Bar President
PRESIDENTIAL PERSPECTIVES: SCOTT HAWKINS, 2011-12This article was first published on FloridaBar.org, October 10, 2019 As part of a project to document the history of The Florida Bar, the former presidents were asked to comment on the same three questions.Q: How would you like to be remembered as a lawyer and a former Bar president? Hawkins: The opportunity to serve as president of The Florida Bar was a much “richer” experience than I anticipated. Certainly, the opportunities to speak across the state
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Kelly A. Gardner Appointed Chair of Arts4All Florida – Palm Beach County Steering Committee
Jones Foster is proud to announce that Litigation and Private Client Attorney, Kelly A. Gardner, has been appointed Chair of the Arts4All Florida - Palm Beach County (A4AFL-PBC) Steering Committee for a 2-year term. Kelly has been involved with A4AFL-PBC for several years as a member of the Fundraising Committee for the organization’s annual golf tournament, and previously served as Vice-Chair of the Steering Committee. A4AFL-PBC is a non-profit and currently serves 1,800 Palm Beach County children and
Grasford W. Smith Appointed to the American Heart Association’s Palm Beach County Board of Directors
Jones Foster is proud to announce that Litigation & Dispute Resolution Shareholder, Grasford Smith, has been appointed to the American Heart Association’s Palm Beach County Board of Directors and will serve as the Chair of the Leadership Development Committee. Grasford will work alongside many notable business and community leaders to lead the fight against heart disease and stroke and further AHA’s mission, “to be a relentless force for a world of longer, healthier lives.” The American Heart Association,
Arbitration: Past, Precedents, and Future
By Scott G. Hawkins | Grasford W. Smith | Jacob Z. CoatesPart I in a 5-part series Is it wise to pursue arbitration as a form of alternative dispute resolution? This is an important consideration for both practitioners and clients. For many types of practitioners — from the transactional attorney considering including an arbitration clause in an agreement to the litigation attorney deciding whether to compel arbitration — it is important to have an understanding of the current policies and judicial
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Scott Hawkins Receives 2019 UF Law Distinguished Service Award
West Palm Beach, FL - Scott Hawkins, Litigation Shareholder and the Firm’s Vice-Chair, was awarded the 2019 Distinguished Service Award by the University of Florida Levin College of Law. The Distinguished Service Award is conferred upon an alum who has contributed outstanding service over an extended period toward the progress and activities of the law school and its students. Presenting the prestigious award was Dean Laura A. Rosenbury who spoke of Scott’sinvaluable leadership and unwavering
Jones Foster Strengthens Litigation & Dispute Resolution Team with Board Certified Business Litigation Attorney Stanley D. Klett, Jr.
WEST PALM BEACH, Fla. - May 20, 2019 – Jones Foster is pleased to announce that Stanley D. Klett, Jr. has joined the Firm’s Litigation & Dispute Resolution practice group as Senior Counsel. Stan will be based in the Firm’s Jupiter office, bolstering the scope of core practice groups represented at the North Palm Beach County location. Stan is a Florida Bar Board Certified Business Litigation specialist with 30 years of experience. His practice includes commercial litigation, trusts and estates
