SFLG - MHBM May 8 2017

AN INDEPENDENT SUPPLEMENT BY SANES MEDIA INC. FOR THE MIAMI HERALD

MONDAY MAY 8, 2017

YOUR GUIDE T O L AW, A CCOUN T ING & F IN A N CE

Attorney Andrew C. Hall: The ‘Go-To’ Commercial Litigator

Also, Attorney Walter A. Reynoso: Vigorously Defending the Presumption of Innocence

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MONDAY MAY 8, 2017

AN INDEPENDENT SUPPLEMENT BY SANES MEDIA INC. FOR THE MIAMI HERALD

Introducing Our New Monthly Edition Have you ever wondered about which attorney, accountant or financial professional would be most suited to handle your business or personal needs?

Do you ever refer your clients, associates, families and friends to a law or accounting firm? For nearly two decades, The South Florida Legal Guide has served as an authoritative source for well-qualified legal professionals, as well as accountants, bankers, financial advisors and wealth managers.

Now, we are reaching out to the South Florida community through our new independently produced monthly edition in the Miami Herald’s Business Monday section.

Every month, we plan to cover timely issues and features that draw upon our publication’s long experience in serving the region’s professionals.

Included in this inaugural edition are informative articles on wealth management, tax compliance, defamation claims and more.

Future issues will cover a wide range of topics, reflecting the diversity of interests and issues in our community.

As you know, South Florida’s legal, accounting and financial landscape is in constant change. Established professionals change firms; newcomers enter the field and senior partners pass the baton of leadership on to the new generation.

However, we have helped our readers navigate these changes by focusing on professionals who have consistently demonstrated excellent skills, a dedication to the needs of their clients and a commitment to serving our community.

Because we have high standards for our publications, we are very selective

about the professionals we feature in our print editions and on our website: sflegalguide.com. We know that engaging an attorney, an accountant or a financial professional is an important decision, and invite you to contact the individual or the firm for additional information. In many cases, the professionals featured in our monthly and annual editions assist clients with a wide range of issues, helping them capitalize on new opportunities or address legal, accounting and financial challenges.

We also know that our readers’ personal and professional lives are also in constant change, and having the most appropriate professional guidance can help you identify the right strategy and avoid costly problems. For example: • Tax experts can provide assistance in navigating complex U.S. and interna-

tional tax regulations.

• Commercial litigators can help achieve the best results in a high-stakes business dispute.

• Personal injury and medical malpractice attorneys can help in obtaining fair and equitable settlements and verdicts for victims of someone’s negligence.

• Criminal defense attorneys can help protect an individual’s freedom, livelihood and reputation.

• Accountants can assist you in identifying cash flow or receivables problems before they threaten your business.

• Bankers, financial advisors and wealth managers can guide you in how to identify and analyze your current needs and make long-term plans for the future.

• Insurance professionals can advise on risk mitigation strategies for your

personal, business and commercial assets.

• Marital and family law attorneys can provide important support during major transitions in life, such as divorce or death.

These are just a few example of the many ways that attorneys, accountants and financial professionals touch our lives.

So, the next time you are selling, buying or starting a business turn to our pages or our website to find suggestions of a professional who might be able to help. The same holds true if you have an immigration, tax or legal problem; if you have been harmed by someone’s action; or if you are getting divorced and need forensic help is discovering where lost or hidden assets are located.

We invite you to learn from these articles and columns, and welcome your feedback on future topics for future editions.

JACOB SAFDEYE

RICHARD WESTLUND

PUBLISHER JACOB SAFDEYE EDITOR IN CHIEF RICHARD WESTLUND SOUTH FLORIDA LEGAL GUIDE - BM Volume 1, Number 1, 2017

This is an independent supplement by South Florida Legal Guide Mailing address PO Box 630428, Miami, FL 33163. All rights reserved. All titles registered and may not be used without permission. Reproduction in whole or in part of any text, photograph or illustration without written permission of the publisher is strictly prohibited. The South Florida Legal Guide makes no guarantee regarding the accuracy of information presented, results reported, or safety of products or activities described herein. The publisher notifies readers that the hiring of a professional is an important decision that should not be based solely on advertisements. Before you decide, ask the professional to send you free written information about qualifications and experience.

Contact: info@sflegalguide.com or call: (786) 879-7638 • www.sflegalguide.com

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MONDAY MAY 8, 2017

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[ WEALTH MANAGEMENT CORNER ]

Staying Competitive in Miami’s High-Demand Real Estate Market

BY ALEX ANDRA “SANDY” LONDONO

South Florida real estate remains in high demand since it benefits from the most important criteria associated with real estate…location, location, location. The South Florida market, from a national and global perspective, is viewed as providing a stable market place, excellent weather, and favorable tax advantages.

Additionally, it continues to benefit from the influx of new residents, both domestic and internation-

al. Capital from both the U.S. and abroad is fueling investments in South Florida and competition for commercial real estate is driving market players to adopt creative approaches to meet business goals and client needs.

Trends within the marketplace include mixeduse projects to help increase rates of returns and drive work/life balance, the repurposing of open space to increase property density levels and in turn

values, the incorporation of higher levels of amenities within office projects, and more creative use of natural lighting for all office employees within office suites.

Ultimately, staying competitive within the marketplace boils down to understanding real estate trends as well as the needs of market participants.

Having answers to the following questions provide the basis for creative but sound structuring de-

signed to achieve owners’ goals even during times of slowdown within the marketplace: • What is the exit strategy of the owner?

• Is it a short or long term hold?

• Is it a re-positioning or value-add strategy?

• What are the expected rates of return?

• What items concern the equity partners in regards to structuring?

• What are deal killers in terms of debt financing?

In order to intelligently navigate South Florida’s competitive marketplace, it is critical to work with partners who understand your unique needs and serve as an extension to your business. At

[ INTERNATIONAL TAX COMPLIANCE ]

The U.S. a tax haven? Could be questionable going forward given the new scrutiny of disregarded entities…

BY STANLEY FOODMAN

Through the Foreign Account Tax Compliant Act (FATCA), the U.S. government receives certain information regarding “U.S. Persons” from around the world. The U.S. automatically shares certain tax information collected from U.S. financial institutions that hold non-U.S. natural person accounts with other jurisdictions with which it has an automatic exchange of information agreement.

Because the U.S. is not

participating in the Common Reporting Standard (CRS) implemented by the Organization for Economic Cooperation and Development, the global consensus seems to be that the U.S. receives more tax information than it provides to other countries. Furthermore, certain non-US natural persons can maintain accounts in US financial institutions without being subject to FATCA or CRS reporting obligations.

In addition, several states do not require information regarding the Ultimate Beneficial Owner (UBO) of entities formed within their jurisdictions. These states believe that the U.S. government has an existing process for collecting “beneficial ownership” information regarding business entities via federal tax filings and financial disclosure reports.

Certain domestic business entities, such as single member Limited Liability

Companies are classified by default as “disregarded entities” if they have only one owner. The Treatment of Certain Domestic Entities Disregarded as Separate From Their Owners as Corporations was finalized by IRS in December 2016. It dampens the perception of the US as a Tax Haven. Previously, many foreign investors were able to purchase US

Sabadell, our team of dedicated real estate experts focus on the goals of our clients and help them achieve their business objectives by establishing meaningful and long-lasting relationships. Every year we assist clients with financing on retail, office, multifamily and industrial properties, as well as hotels and mixed-use properties throughout South Florida and the state.

Sandy Londono is Vice President of Commercial Real Estate Lending for Sabadell United Bank. In her current position, Londono is responsible for providing financing on all asset classes inclusive of retail, office, multifamily, mixed use and hotel properties as well as construction

Real Estate through single member LLCs without having to disclose its actual UBO. As of January 2017, foreign-owned disregarded entities will be treated as domestic corporations for reporting purposes. They now have to keep certain financial records and file IRS FORM 5472 disclosing their UBO. Accurately filing Form 5472 ends UBO “anonymity.” Failure to file Form 5472 can result in a minimum $10,000.00 penalty per failure.

The enforcement of U.S. tax laws has a significant impact on the decision making of ultra high net worth (UHNW) Individuals who are looking for “efficient capabilities” such as confidentiality, tax minimization, asset management and

lending. She focuses on target loan sizes averaging $20M, primarily within the Florida markets. Londono can be reached at 1111 Brickell Avenue, 30th Floor, Miami, FL 33131, (305)-3762482, Alexandra.Londono@ SabadellBank.com

security of information.

An ongoing inflow of money into the U.S. reflects an international perception that if the U.S. can offer these capabilities, plus “not share” tax information with foreign jurisdictions, why not move high net worth wealth here?

Don’t be a victim of your own making. Foreign owners of disregarded entities need to consider the new filing and record keeping requirements that are now in place for single member LLCs. Consult with your tax specialist.

Foodman CPAs and Advisors, 1201 Brickell Avenue, Suite 610, Miami, FL 33131, (305)-365-1111, www.foodmanpa.com, info@ foodmanpa.com

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MONDAY MAY 8, 2017

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ATTORNEY ANDREW C. HALL THE ‘GO-TO’ COMMERCIAL LITIGATOR If you have been cheated by your business partners or been a victim of industrial espionage, a corporate power play or actions by a dictatorial government, veteran trial attorney Andrew C. Hall can be your legal champion. “I have great passion for helping the underdog,” said Hall, who has handled some of the nation’s highest profile cases in the past 45 years.

As the founding partner of Hall, Lamb, Hall, & Leto, P.A., Hall focuses his practice on complex commercial cases including international disputes.

His partners in the Coconut Grove firm include his son Adam S. Hall, Adam J. Lamb and Matthew Leto. “We enjoy the challenges of complicated matters that are highly contentious and difficult to win,” he said.

For example, Hall and Leto recently represented a group of doctors in a dispute over an emergency room contract. “The two physicians who were in control of the practice, sold the contract, made a lot of money and didn’t share it with their colleagues,” Hall said.

“We argued in court that the controlling physicians changed the meaning of the contract to suit their purposes. The case was settled on the final day of the trial, and our clients

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were happy with the result.”

In recent years, Hall’s noteworthy cases include helping Robert Bell, inventor of Banana Boat suntan lotion, recover $3.2 million in a shareholder suit, and representing the former chief operating officer of AT&T in a $16 million malpractice suit against his former legal counsel.

Hall also represented Francisco Tudela, a former Peruvian vice president and ambassador to the United Nations, in the kidnapping, false imprisonment, and forced marriage of his 94-year-old father, business magnate Felipe Tudela. Tracking defendants across continents, Hall successfully upheld Francisco’s guardianship of his father in Peru, brought Tudela senior back into the care of his family, and protected the value of his estate.

“Our firm handles a wide range of cases in different industries,” Hall says. “We are diligent in preparing for every case, learning about the client, the business and the competition, as well as the legal issues in the lawsuit.

That hard work and tenacity is essential in order to represent our clients in the courtroom.”

CONSIDER YOUR CASE While disputes arise

every day in the business world, Hall suggests talking with an experienced litigation attorney about the merits of the case before filing a lawsuit. “You may be better off trying to negotiate a settlement or resolving the dispute through mediation or arbitration, rather than going to court,” Hall said. That’s because there are a number of legal and business issues to consider, including: • The likelihood of a successful settlement or verdict • The size of the damages in the case • The ability to the defendant to pay those damages • The cost to pursue the case to completion • The length of time before a resolution • The impact of the pending case on your business.

“While everyone thinks they have a great case, you have to dig into the other side of the matter, and then evaluate the facts and the legal issues,” Hall said.

“Before we take a new case, we want to be sure we have a solid foundation for helping our client.”

FIGHTING FOR THE UNDERDOG Hall’s tenacity in the courtroom is in large part a product of his past.

Born in Warsaw, Poland,

in 1944 while his Jewish parents hid from Nazi occupiers, Hall survived the Holocaust and immigrated with his family to the United States four years later.

A resident of Miami since 1952, Hall earned his undergraduate and law degrees at the University of Florida. After graduating in 1968, Hall returned to Miami as law clerk to U.S. District Judge Joe O. Eaton. In 1972, he became an associate with the Miami firm of Frates, Floyd, Pearson, Stewart, Proenza and Richman.

He soon became a defense counsel for John D. Ehrlichman, President Richard Nixon’s former senior advisor for domestic affairs, in the Watergate and Plumbers trials.

In 1975, Hall opened his own firm and continued to represent individuals and businesses in critical matters. During the late 1980s, he defended former Ambassador Marvin L. Warner in several major cases following the collapse of Ohio’s state-insured savings and loan industry. He has also won a number of multi-million dollar verdicts for Security Pacific Bank, Union Bank, Spanno Corporation, Georgetown Manor, Inc., Burger King Corporation and other clients.

Throughout his career, Hall has been active in

professional organizations and Jewish affairs. He serves on the National Board of the American Jewish Committee (AJC), and was regional AJC president. He is chairman of the Miami Beach Holocaust Memorial and a past president of the South Florida Transplant Foundation.

FIGHTING AGAINST TERRORISM For more than 15 years, Hall has been leader in the fight against state-sponsored terrorism.

In 2010, he appeared before the U.S. Supreme Court on behalf of the families of Americans who were taken hostage and tortured following the first Gulf War. He has also represented the families of U.S. sailors who died in the USS Cole attack,

and recently recovered a judgment for $316 million against the Government of Sudan for its support of terrorism.

Hall has also taken on the Castro regime, securing a $2.9 billion judgment on behalf of a Cuban expatriate for damages stemming from the forced suicide of the plaintiff’s father, and the terror attacks launched against his family by the Cuban government.

“While relations with the U.S. have improved in the past two years, the Cuban government is not willing to give up its control of the people,” Hall said. “Until, Cuba is ready to change its dogmatic approach, there will be serious difficulties in building a mutually beneficial relationship with our country.”

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WALTER A. REYNOSO VIGOROUSLY DEFENDING THE PRESUMPTION OF INNOCENCE When the Eastern District of New York indicted top officials at FIFA, the world’s soccer community was rattled. Indictment after indictment followed at all levels of organized soccer, including within CONMEBOL, the organization responsible for South American soccer.

With rampant corruption throughout these organizations, those caught in its crosshairs found themselves swept into the government’s investigation. One official that was innocently implicated had to choose among 6 prominent federal attorneys to help him maintain his innocence. He chose Coral Gables criminal defense attorney Walter A. Reynoso and it was the right choice.

After months of hard work, the official’s sterling reputation remains sound.

“Our law firm represents many executives, accountants, attorneys and other professionals,” says Reynoso, who works with his daughter, attorney Kristen A. Reynoso, and paralegal, Stephan G. Schneider, at The Law Offices of Walter A. Reynoso, P.A. “But we never forget about the little guy.

Defending someone’s liberty, rights and reputation goes to the heart of our justice system, and that is what continues to drive me in my work.”

Since launching his crimi-

nal defense practice in 1986, Reynoso has successfully represented many high-profile clients over the years, including corporations, professional athletes, politicians, doctors, attorneys and lead defendants in major felony, drug, and money laundering cases.

Reynoso represented Scott Olsen, a 23-year-old pitcher for the Florida Marlins, who was charged with two off-the-field felonies in 2006.

“That jeopardized his contract, his career and ability to continue playing professional baseball,” says Reynoso. “We worked with his agents and Major League Baseball, and were able to get all charges dismissed. Scott went on to enjoy a successful career.”

A lifetime member of the National Association of Criminal Defense Lawyers and past president of the Colombian-American Bar Association, Reynoso focuses his practice on white-collar criminal defense and trials in federal and state court. His daughter, Kristen, handles felony and misdemeanor matters in state courts. The two attorneys collaborate frequently in all their cases.

Born in Colombia, Reynoso came to South Florida in 1963 when he was four years old. “My mom and dad taught me the value of hard work,” he says. At Boston College School of

Law, he was a staff writer for the Boston College Uniform Commercial Code Reporter Digest and he worked for the Department of Justice, Securities and Exchange Commission, Enforcement Division.

Reynoso’s career got off to a strong start, handling one jury trial after another.

“I earned a good reputation among my peers within the legal system,” he says, recalling a long, hard-fought trial in an eight-defendant case that he won on all charges. Afterwards, John Schlesinger, then assistant U.S. attorney, complimented Reynoso in a letter, saying, “It was a pleasure working with you as an adversary in this trial. Of all the attorneys involved in this case, you stood out as one of the finest and certainly the fairest and most ethical opponent I faced.” Reynoso framed the letter with the verdict, one of many “not guilty” verdicts framed throughout his office.

“The verdicts are great testimonials. Each verdict states that 12 jurors considered the evidence presented by the U.S government against each client, and found each client not guilty of the charges brought by the Federal Grand Jury,” he says.

Over the past 25 years, the number of jury trials in the court system has decreased, Reynoso says.

STEPHAN G. SCHNEIDER, WALTER A. REYNOSO AND KRISTEN A. REYNOSO Today, he may only handle two or three trials a year, compared with a dozen or more annually in the 1990s.

“With that gradual change in the justice system, my practice has shifted,” he says.

“Now, we assist many clients who are the targets of grand jury investigations or federal indictments, with the goal of helping them avoid charges altogether.”

Among Reynoso’s recent legal victories, he represented a corporation and its owner that had been implicated in a massive federal money laundering case in St. Louis.

“That investigation concluded with no charges to either the company or the owner,” he said. “The company continues to flourish and employs well over 200 employees in South Florida, South America and China.” Another victory came in 2016 with the dismissal of all state

charges for a medical doctor in South Florida that was accused of sexual assault and battery by several women.

In 2007, federal prosecutors in St. Lucie County indicted property owner Maria Valdes for conspiring to run a marijuana “grow house.” The alleged conspiracy involved multiple grow houses and a murder. Digging into the case, Reynoso was able to show that Valdes, a grandmother who was renting out the home, was unaware of the illegal operation. After many months of hard work, a U.S. District Court judge dismissed the indictment.

All other defendants were convicted, with one receiving a 30-year prison sentence.

With his daughter, Reynoso still goes to bat for “the little guy,” such as a young high school student who was charged with armed robbery; the 16-year-old emphatically

maintained his innocence.

Reynoso said, “This was a good kid who has a good future. He is close to graduating and is blessed with natural talents that will help him in life.” Reynoso convinced the State Attorney’s Office to dismiss the charges.

“I’m confident he will earn a football or wrestling scholarship to help him pay for college.” After the criminal case was successfully closed, the school didn’t want the client to return. “Although the scope of my representation was technically completed, I was determined to make sure he graduated from his high school. I wrote the principal a letter explaining his innocence and thankfully that made the difference. He is back in school and back on the wrestling mat! Changing lives for the better — that’s what my practice is all about.”

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MONDAY MAY 8, 2017

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DEFAMATION CLAIMS A GROWING RISK IN SOCIAL, DIGITAL AND TRADITIONAL MEDIA Defamatory words uttered in an interview or posted online can come back to haunt business executives, attorneys, property owners and politicians, as the 2016 U.S. Presidential contest clearly demonstrated.

While public figures face significant legal hurdles in suits for false and defamatory remarks, it’s a very different story for private individuals, according to several leading South Florida attorneys.

“If you make false and damaging statements of any kind that are published to at least one other person using email, social media or in a newspaper interview, you could be the target of a defamation suit,” said Dana J. McElroy, partner with Thomas & LoCicero PL in Fort Lauderdale, whose trial and appellate practice includes defending newspapers, broadcast stations, journalists, companies and individuals against libel and defamation suits. “Being able to self-publish your images and statements has many consequences, including personal exposure to defamation claims.”

With the rise of online reviews and ratings, as well as the widespread use of Twitter, Facebook, LinkedIn, Pinterest and dozens of other popular social media sites, pro-

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fessionals and businesses have become much more sensitive to their reputations, added McElroy.

“More and more private individuals, including lawyers, accountants, bankers and real estate professionals, are now subject to disparaging statements online.,” she said “While there are still suits against traditional media companies, the universe has expanded with all the online channels.”

McElroy notes that if a newspaper, radio or television station makes a mistake in reporting, a correction can be posted in the next issue or newscast. However, errors in online postings even with a correction often take on a life of their own. “An article that mistakenly says Mr. X was arrested will still be searchable years from now,” McElroy said. “It’s very difficult to make things go away.”

A BALANCING ACT Under the First Amendment’s freedom of speech provision, print, broadcast and online publications have some protections against libel and other defamation lawsuits filed by public figures and public officials.

“The founding fathers saw the press as being a faithful watchdog over the political process,” said

Jerold Budney, shareholder with Greenberg Traurig in Fort Lauderdale, who has represented media and non-media clients in defamation cases in both trial and appellate courts.

“However, there is always a balancing act between the rights of the press and the rights of individuals in our society to protect their reputation from being damaged by false statements.”

Budney says there is a clear difference in the standards for defamation claims brought by public figures or public officials, and those filed by private figures. “In a claim involving a public figure or public official, you have to show that the report was false, and either hurt the plaintiff’s reputation or caused financial damage,” he said. “But in addition, you also have to show actual malice – that the media defendant either knew the report was false, or published it in reckless disregard of the truth.”

The “actual malice” test dates back to the landmark 1964 ruling by the U.S. Supreme Court in New York Times Co. v. Sullivan and continues to protect the media in claims filed by public figures or public officials.

But under Florida law, a private individual, such as a private business

owner or a professional who is not embroiled in a public controversy, would only have to show the publisher was negligent in publishing a statement that was false, damaging the plaintiff’s reputation or resulting in a financial loss.

“A key issue is these cases is what the journalist did to determine whether a statement was true,” said Sanford Bohrer, partner at Holland & Knight in Miami, who has an extensive media law practice and has represented publishers and broadcasters in approximately 100 defamation, privacy and intellectual property cases.

“Good reporting involves digging into the situation to see if a potentially damaging statement can be supported.”

Careless use of words can also get writers and publishers into trouble.

“If you’re writing or blogging about a new topic, be sure you understand the context,” Bohrer said.

“It would be a mistake to say the mayor ‘passed a law’ after receiving a campaign contribution, for example, because it is really the county commission that passes ordinances.”

Another factor affecting the outcome of some defamation cases is whether the published statements

DANA MCELROY are fact or opinion.

“An editorial writer at a newspaper might say, ‘The mayor is a crook,’ after reviewing a grand jury report on unlawful payments,” Bohrer said.

“That would be considered a very defensible opinion if the mayor decided to file a defamation claim.”

On the other hand, a reporter who wrote, “Many people say the mayor is a crook,” or “The mayor is alleged to be a crook” would have less protection against defamation, added Bohrer.

“Even if you only report on someone else’s comments, you could be sued along with the original speaker.”

Since there are two legal standards, there are a number of defamation

cases that have turned on arguments over whether the plaintiff was a public or private figure. “Sometimes private individuals get caught up in public controversies,” said McElroy. “In that case, they might be considered a limited-purpose public figure, only in that context.”

While U.S. law generally protects the media in defamation cases, private individuals can also file claims alleging invasion of privacy and win damages – even if the reports are true. In March, a Florida jury awarded $140 million in damages to former professional wrestler Hulk Hogan after Gawker.com published excerpts of a secret sex tape. The ruling bankrupted Gawker’s par-

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ent company, which ceased publishing in August.

PRIVATE DEFAMATION CLAIMS McElroy says many private defamation suits originate with a comment about a competitor from someone within the organization.

It might be a sales person’s damaging remark, a disparaging email message or a negative online post. “All it takes is for someone to get upset and blast something out,” she said.

For example, McElroy spent several years defending a trade industry group that posted derogatory comments about a competitor on its online message board. “None of the members who were participating in the chat room conversation realized how far their words would go,” she said.

From the plaintiff’s side, Budney says it’s important to take a careful look at all aspects of the matter before filing a lawsuit. “Even if you recover damages, it’s still an expensive proposition,” he said. “Not only do you have to pay your own lawyers an amount that may be more than you

recover in damages, but even if you recover more than that it still may not be worth all the time and aggravation involved in prosecuting your claim.”

There are other issues that can increase the time and cost of defamation suits. For example, an Internet service provider (ISP) is immune under federal law from direct liability for statements made by its subscribers.

“If negative comments are posted online anonymously or without a full name, the plaintiff first has to identify who made the statement,” Budney said. “They often do so by subpoenaing the ISP, and trying to get a court to order the ISP to provide the author’s name and contact information. If they succeed, then they can bring that person into the defamation case.”

Another concern for plaintiffs is that filing a defamation suit puts the original statement into public view. “Only a few people might have seen the original comments,” Budney said. “Now, you are making the public aware of these statements through

media coverage of the defamation suit, and even if you win a victory in court, there could still be damage to your reputation in the eyes of people who heard about the comments only because they read articles about the lawsuit, but never read about the result.”

AVOIDING DEFAMATION CLAIMS One of the best ways to avoid being the target of an expensive defamation claim is to take a deep breath and pause before publishing an angry email, tweet or Facebook post.

“It’s good to be able to vent your feelings, but do so before you post a statement, photo or video,” McElroy said. “Have someone else in your office take an objective look at your statements, or contact a media attorney for a pre-publication assessment of the legal risks.”

To reduce exposure to potential claims, Bohrer suggests that South Florida employers adopt written policies and educate their workforce about the legal risks. That policy could include the following points: • Encourage employees

to distinguish between fact and opinion.

• Prohibit disparagement of the employer’s products, services or employees, including management.

• Prohibit defamatory statements.

• In fields like banking, securities, law and medicine, educate employees regarding disclosure rules and compliance regulations.

• Have a “friending” policy regarding social media.

• Prohibit statements that could violate employment discrimination laws.

• Consider rules relating to communications about other employees’ personal lives.

• Prohibit discussion of all litigation involving the employer and all public disputes, even if not in litigation, relating to employer.

“Most people don’t realize the risk of a defamation claim until it happens to them,” said McElroy. “But you should be very sensitive to these issues. Take a close look at your statement and see if you can find a way to communicate your message in a way that lessens your risk of being sued for defamation.”

MONDAY MAY 8, 2017

7

JEROLD BUDNEY

One of the best ways to avoid being the target of an expensive defamation claim is to take a deep breath and pause before publishing an angry email, tweet or Facebook post.

SANFORD BOHRER

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MONDAY MAY 8, 2017

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South Florida Legal Guide’s Select List of the Region’s Top Legal, Accounting and Financial Firms FINANCIAL

LEGAL

Sabadell United Bank 1111 Brickell Ave., 30th Floor Miami, FL 33131 305-358-4334

Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A. 1221 Brickell Ave., Suite 2400 Miami, FL 33131 305-374-8303

Calamos Wealth Management 220 Alhambra Circle, Suite 300 Coral Gables, FL 33134 305-699-0006

ACCOUNTING Cherry Bekaert LLP 2525 Ponce de Leon Blvd., Suite 1040 Coral Gables, FL 33134 305-274-4600 Fiske & Company 1000 S. Pine Island Rd., Suite 440 Plantation, FL 33324 954-236-8600 Foodman CPAs & Advisors 1201 Brickell Ave., Suite 610 Miami, FL 33131 305-365-1111 Moore, Ellrich + Neal, PA 11025 RCA Center Dr., Suite 401 Palm Beach Gardens, FL 33410 561-624-0355 150 W. Flagler Street Penthouse II, Suite 2925 Miami, FL 33130 305-624-0355

Berger Singerman LLP 1450 Brickell Ave., Suite 1900 Miami, FL 33131 305-755-9500 350 E. Las Olas Blvd., Suite 1000 Fort Lauderdale, FL 33301 954-525-9900 Bilzin Sumberg 1450 Brickell Ave., 23rd Floor Miami, FL 33131 305-374-7580 Bluestein and Wayne, P.A. 4000 Ponce de Leon Blvd., Suite 770 Coral Gables, FL 33146 305-859-9200 Broad and Cassel 1 N. Clematis St., Suite 500 West Palm Beach, FL 33401 561-832-3300 2 S. Biscayne Blvd., 21st Floor Miami, FL 33131 305-373-9430 100 SE 3rd Ave., Suite 2700 Fort Lauderdale, FL 33394 954-764-7060 7777 Glades Rd., Suite 300 Boca Raton, FL 33434 561-483-7000

Rehmann 7805 NW Beacon Square Blvd., Suite 201 Boca Raton, FL 33487 561-912-2300

David Bercuson, P.A. 8950 SW 74th Ct., Suite 1813 Miami, FL 33156 305-670-0018

Yip Associates 2 S. Biscayne Blvd., Suite 2690 Miami, FL 33131 305-569-0550

Deutsch and Blumberg, P.A. 100 N. Biscayne Blvd., Suite 2802 Miami, FL 33132 305-358-6329

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Diaz Reus and Targ LLP 100 SE 2nd St., Suite 3400 Miami, FL 33131 305-375-9220

Payton & Associates, LLC 2 S. Biscayne Blvd., Suite 1600 Miami, FL 33131 305-372-3500

Genovese Joblove & Battista, P.A. 100 SE 2nd St., 44th Floor Miami, FL 33131 305-349-2300 200 E. Broward Blvd., Suite 1110 Fort Lauderdale, FL 33301 954-453-8000

Podhurst Orseck, P.A. 1 SE 3rd Ave., Suite 2700 Miami, FL 33131 305-358-2800

Gladstone & Weissman, P.A. 101 N. Federal Hwy., Suite 702 Boca Raton, FL 33432 561-447-2274 Hall, Lamb, Hall & Leto, P.A. 2665 S. Bayshore Dr., PH 1 Miami, FL 33131 305-374-5030 Leighton Law 1401 Brickell Ave., Suite 900 Miami, FL 33131 305-347-3151 Levine Kellogg Lehman Schneider + Grossman LLP 201 S. Biscayne Blvd., 22nd Floor Miami, FL 33131 305-403-8788 Maltzman & Partners P.A. 55 Miracle Mile, Suite 300 Coral Gables, FL 33134 305-779-5665 Markus/Moss 40 NW 3rd St., PH 1 Miami, FL 33128 305-379-6667 Needle & Ellenberg, P.A. 1401 Brickell Ave., Suite 900 Miami, FL 33131 305-290-1736 Pathman Lewis, LLP 2 S. Biscayne Blvd., Suite 2400 Miami, FL 33131 305-379-2425

Seitles & Litwin 40 NW 3rd St., PH 1 Miami, FL 33128 305-403-8070 SMGQ Law 201 Alhambra Circle, Suite 1205 Coral Gables, FL 33134 305-377-1000 Somera & Silva, LLP 2255 Glades Rd., Suite 232W Boca Raton, FL 33431 561-981-8881 Walter A. Reynoso, P.A. 2030 S. Douglas Rd., Suite 214 Coral Gables, FL 33134 305-441-8881 Warren R. Trazenfeld, P.A. 2665 S. Bayshore Dr., Suite 700 Miami, FL 33133 305-860-1100 Wicker, Smith, O’Hara, McCoy & Ford, P.A. 2800 Ponce de Leon Blvd., Suite 800 Coral Gables, FL 33134 305-448-3939 515 E. Las Olas Blvd., Suite 1400 Fort Lauderdale, FL 33301 954-847-4800 515 N. Flagler Dr., Suite 1600 West Palm Beach, FL 33401 561-689-3800 Zumpano, Patricios & Winker, P.A. 312 Minorca Ave. Coral Gables, FL 33134 305-444-5565