HomeMy Public PortalAbout19-9607 Pro Bono Retainer w/Stephen Johnson of Lydecker Diaz Sponsored by: Mayor Pigatt
RESOLUTION NO. 19-9607
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A PRO BONO RETAINER AGREEMENT (EXHIBIT "A")
WITH STEPHEN HUNTER JOHNSON OF LYDECKER DIAZ;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") desires to engage independent, outside
counsel to advise the City on issues and concerns regarding its current and prospective city
attorney; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
enter into an agreement (EXHIBIT "A") with Stephen H. Johnson of Lydecker Diaz for the
aforementioned services that will be provided at no cost to the City.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby authorizes the City Manager to execute a Pro Bono
Retainer Agreement with Stephen Hunter Johnson of Lydecker Diaz.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 23`d day of January, 2019.
Resolution No. 19-9607
Mayor Matthew A. Pigatt
Attest to: Approved as to form and legal sufficiency:
Jo. i; Flores THE BROWN LAW GROUP, LLC
City A lerk City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: VICE MAYOR DAVIS
Commissioner Vote: 5-0
Commissioner Burke: YES
Commissioner Kelley: YES
Commissioner Bass: YES
Vice-Mayor Davis: YES
Mayor Pigatt: YES
Sponsored by: Mayor Pigatt
RESOLUTION NO. 19-9596
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, APPOINTING MAYOR PIGATT TO
NEGOTIATE A MEMORANDUM OF UNDERSTANDING WITH
OUTSIDE COUNSEL, TO ADVISE THE CITY OF OPA-LOCKA ON
ISSUES RELATED TO THE CITY ATTORNEY'S CONTRACT, TO
BE SUBMITTED TO THE CITY COMMISSION FOR FINAL
APPROVAL AS SOON AS PRACTICABLE; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") desires to engage independent, outside
counsel to advise the City of all possible issues that may arise from the City's treatment of
The Brown Law Group, LLC's Second Amended Agreement; and
WHEREAS, the City Commission fords that it is in the best interest of the City to
appoint Mayor Pigatt to negotiate a memorandum of understanding with outside counsel to
opine on the issues related to the City Attorney's contract and to possibly avoid future
litigation.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby appoints Mayor Pigatt to negotiate a memorandum of
understanding with outside counsel, to opine on issues related to the City Attorney's
contract and to be submitted to the City Commission for approval as soon as
practicable.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
Resolution No. 19-9596
PASSED AND ADOPTED this 16th day of January, 2019.
f
'
Mayor Matthew Pigatt
Attest to: Approved as to form and legal sufficiency:
Joanna Flores THE BROWN LAW GROUP, LLC
City Clerk City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: VICE MAYOR DAVIS
Commissioner Vote: 4-1
Commissioner Burke: NO
Commissioner Kelley: YES
Commissioner Bass: YES
Vice-Mayor Davis: YES
Mayor Pigatt: YES
Miami
Fort Lauderdale
Bonita Springs
LY D E C K E R D I A Z Boca Raton
West Palm Beach
Orlando
Please reply to Miami Office: Tampa
1221 Brickell Avenue Jacksonville
19"Floor
Miami,FL 33131
(305)416-3180
(305)416-3190 Facsimile
January 17, 2019
Via E-Mail to mpiRatt(a),opalockafLj'ov
Matthew Pigatt
Mayor
City of Opa-Locka
780 Fisherman Street
4th Floor
Opa-Locka,Florida 33054
RE: Special Limited Outside Counsel Retainer(Pro Bono)
Dear Mayor Pigatt and Commissioners:
Scope of Representation
The following serves as the terms and conditions regarding your engagement of Stephen
Hunter Johnson and Lydecker LLP d/b/a Lydecker Diaz ("Law Firm" or "We"), for the purpose of
providing legal counsel to the City of Opa-Locka (the "Client") in reference to the following limited
questions:
A. The legal validity of the Second Amended Contract of the present City
Attorney in light of the disapproval of such contract by the State of Florida
Oversight Board appointed by the Governor; and
B. If necessary, guidance on negotiation of a potential separation agreement or
settlement agreement with the Current City Attorney; and
C. If necessary, negotiation of a new contract or contract extension with the
Current City Attorney; and
D. If necessary, counsel the City in its effort to develop and conduct a fair
Request for Qualification or Request for Proposal process to procure a City
Attorney; and
E. If necessary, counsel the City during its city attorney position procurement
process and the negotiation of any contract that results from such
procurement process.
The Scope of Representation is limited to the representation of Client as regards the matters
identified above in points numbered A-E ("Scope of Representation"). Any change to the Scope of
Representation must be approved by Law Firm and Client in writing.
LYDECKER1DIAZ
www.lydeckerdiaz.com
If the above-stated scope of representation is not within your understanding, please contact
me immediately. If this Agreement meets with your approval, please execute the Retainer
Agreement in the designated space on the last page as soon as possible and return a copy to Law
Firm by electronic mail, and the original by mail. The Law Firm will not commence any work
regarding the Matter until the retainer amount listed below is received and negotiated.
Terms& Conditions of Representation
Our engagement includes the terms and conditions set forth below. We can perform true and
beneficial services for a client only if we are aware of all information that might be relevant to our
representation. Consequently, we trust that our attorney/client relationship with you will be based on
mutual confidence and unrestrained communication that will facilitate our proper representation of
the Client. Additionally, you should be aware that any instances in which we represent a corporation
or other entities, our client relationship is with the "entity" and not with individual executives,
shareholders, directors, partners or persons in similar positions, or with its parent, subsidiaries, or
other affiliates. For these purposes,Law Firm and Client agree as follows:
1. Law Firm will provide services of a strictly legal nature relating to the Scope of
Representation described hereinabove. Client shall cooperate fully with the Law Finn, provide all
information known by or available to Client which may aid Law Firm in representing Client, and
cooperate with Law Firm in scheduling Client's participation in the Scope of Representation. Client
will make such business or technical decisions and determinations as are appropriate. Client will not
rely on Law Firm for business, investment or accounting decisions or expect Law Firm to investigate
the character or credit of a person or entities in which Client may be dealing, unless otherwise
specified.
2. Client agrees to be candid and cooperative with Law Firm and will keep Law Firm
informed with complete and accurate factual information, documents and other communications
relevant to the Scope of Representation of Law Firm's representation or otherwise reasonably
requested by Law Firm. Law Firm must necessarily rely on the accuracy and completeness of the
information Client and Client's agents provide to Law Firm.
3. Because it is important that Law Firm is able to contact Client at all times to consult with
Client, please inform Law Firm in writing of any changes in Client's mailing address, e-mail
address or telephone number, or changes in the name, address, telephone number, contact person,
e-mail address, state of incorporation, solvency or other relevant changes regarding any of
Client's businesses. Whenever Law Firm need Client's instruction or authorization in order to
proceed with legal work on Client's behalf, Law Firm will contact Client at the latest business
address Law Firm has received from Client. If Client affiliates with, acquires, is acquired by, or
merges with another client, please provide Law Firm with sufficient notice to permit Law Firm
to withdraw as Client's lawyers if Law Firm determines that such affiliation, acquisition, or
merger creates an irreconcilable conflict of interest between any of Law Firm's other clients and
the other party to such affiliation, acquisition, or merger, or if Law Firm determines that it is not
in the best interests of the firm to represent the new entity.
4. Privileged Communications Exchanged by Electronic Means. Client acknowledges that
the Law Firm's attorneys and staff sometimes communicate with Client, and Client's
professionals and agents, by cellular phone, text messaging, videoconferencing and/or electronic
LYDECKER DIAZ
www.lydeckerdiaz.com
mail, and that such communications are capable of being intercepted by others. Client and the
Law Firm expressly disclaim any intention to limit or waive legal protections afforded to their
communications by using any electronic means. Client agrees to inform Law Firm if Client
desires that privileged matters not be discussed through such electronic means. Client agrees to
inform the firm in advance if Client wishes to institute a system to encode all e-mail
communication between the Law Firm and Client, or Client's professionals or agents, or
otherwise to limit or prohibit the use of electronic means of communication during the
engagement.
5. Public Relations and Marketing. Often times Law Firm refers to its public/non-
confidential representations on its website and in public press releases. By executing this
engagement letter, Client agrees that Law Firm may use Client's name in Law Firm's materials
as a client. Law Firm will never publish any matters or details which are confidential in nature.
6. Client authorizes and directs the Law Firm to take such actions as the Law Firm deems
advisable on Client's behalf in this representation, except that the following specific decisions must
be approved in advance by Client: (1) whether or not to accept any proposed settlement agreements,
and the economic and other terms of such settlement agreement; and (2) the engagement of experts,
special counsel, or other professionals or support persons outside the Firm, and the economic terms
and conditions of such engagement.
7. Consent to Law Finn's Representation of Others. Client and Law Firm agree and
understand that this is not an exclusive agreement. As is the case with any law firm, Law Firm
may from time to time represent one client whose interests may conflict with those of another
client. For example, Law Firm may represent Client in a matter and, at the same time, Law Finn
may represent another client adverse to Client in a substantially unrelated matter, provided that
Law Firm reasonably believes that it will be able to provide competent and diligent
representation to Client and the other client. As part of Law Firm's engagement, Client consents
in advance to such concurrent representations (and agrees not to seek Law Firm disqualification
as a result). Client should consider obtaining the advice of independent counsel regarding the
implications of this consent. By executing this agreement, Client consents to Law Firm's
concurrent representations under these conditions.
8. No Representation of Client's Affiliates. Client has agreed that Law Firm's
representation does not give rise to a lawyer-client relationship between Law Firm and any of
Client's affiliates. Accordingly, representation of Client will not give rise to any conflict of
interest (or cause for Law Firm's disqualification) in the event other clients of the firm are
adverse to any of Client's affiliates.
Costs
9. This matter is accepted as a pro bono matter and will be reported in conformity with Florida
Bar. While it is not anticipated that costs will be incurred, Law Firm will consult with Client
regarding the incurring of any outside costs and expenses, but any such costs and expenses agreed to
and incurred shall be paid by Client, including but without limitation filing fees, court reporting fees,
expert witness fees, fees for service of process, travel expenses, courier expenses, costs of
investigation, and any other costs or expenses approved by Client beforehand and reasonably
LYDECKER DIAZ
www.lydeckerdiaz.com
incurred by Law Firm in pursuing the representation. Law firm, in its sole discretion may choose
to absorb any cost or expense.
Retainer Funds
10. Client will provide to Law Firm a $0.00 fee and cost retainer deposit ("Retainer Funds").
Law Firm shall provide its services without charge to the Client.
Billing Rates and Frequency
11. Law Firm's services will be provided on an hourly basis; the billing rates for Law Finn's
attorneys, law clerks and paralegals vary depending upon levels of experience, but as this is a
pro bono representation, Client shall not be billed by Law Firm for its fees ("Pro Bono
Rates"). Client acknowledges this billing rates reflects a significant discount from the Firm's
customary rates and the Client hereby agrees that the reasonable value of the services rendered
by the Law Firm shall be at the following rates: $350 for lead counsel and/or partners / $200 for
Associates / $100 for paralegals and law clerks ("Regular Rates"). Law Finn agrees to discount
the Regular Rates to its Pro Bono Rates. Law Firm and the Client agree that should attorney's
fees be awardable to the Client, the Law Finn and Client agree that the Regular Rates can be
sought from the awarding jurisdiction.
Additional Terms& Conditions
12. During the course of Law Firm's representation, Law Firm may express opinions and
beliefs regarding the potential exposures to Client or anticipated outcome of any matter. Law
Firm's opinions and beliefs are based on information and circumstances as Law Firm
understands exist at the time Law Firm provides them. Circumstances and information may
change as the matter proceeds which may impact Law Firm's opinions and beliefs. Law Finn
reserves the right to amend, modify, and change its opinions regarding potential exposures and
outcomes. Law Firm cannot guarantee the outcome of Client's matter or the anticipated results
and Client should not interpret Law Firm's advice and representations as a guarantee given the
uncertainty of the litigation process and the inability to accurately predict an outcome of the
litigation.
13. This Agreement may be amended at any time by mutual consent of the parties, but only
in writing, signed by both Law Firm and Client.
14. Either party's failure to insist on compliance or enforcement of any provision of this
Agreement shall not affect the validity or enforceability of any other provision, nor shall it be
deemed a waiver of future enforcement of that provision or any other provision of this
Agreement.
Applicable Law, Venue,Litigation, and Alternative Dispute Resolution
15. This Agreement shall be governed for all purposes by the laws of the State of Florida,
without regard to its conflict of laws rules. If any provision of this Agreement is declared void,
LYDECKER DIAZ
www.lydeckerdiaz.com
that provision shall be deemed severed from this Agreement, which shall otherwise remain in
full force and effect.
Therefore, if the above terms and conditions meet with your approval, please execute the
agreement in the space designated below and return a copy by email along with the retainer
funds. Thank you. We look forward to working with you.
Sincerely,
s/Stephen Hunter Johnson
Lydecker Diaz
Accepted by on behalf of the City of Opa-Locka
By:
Name:
Its:
Date:
LYDECKER DIAZ
www.lydeckerdiaz.com
Stephen Hunter Johnson
shj @lydeckerdiaz.corn
1221 Brickell Avenue
19TH Floor
Miami, Florida 33131
(305)416 3180
PROFESSIONAL EXPERIENCE
Lydecker Diaz
Shareholder
Miami,Florida 2007-Present
Responsible for the representation of municipalities and corporations in complex business and litigation matters.
Responsibilities include but are not limited to: attorney and case management and strategy development; trial
and appellate appearances; motion practice; corporate reorganization consulting; litigation team management;
business and client development.
Fischer&Mandell LLP,Associate
Miami,Florida 2004-2007
Represented several banking and corporate entities involved in complex business and commercial litigation
matters,primarily in litigation involving breach of contract and unjust enrichment,breach of fiduciary duty, civil
conspiracy,as well as international discovery disputes.
Broward County Public Defender's Office; Misdemeanor Division,Certified Legal Intern
Ft.Lauderdale,Florida 2002
Represented criminal defendants charged with misdemeanor crimes. Managed every stage of criminal litigation
from arraignment to trial. Conducted depositions and researched and drafted several successful motions.
United States Bankruptcy Court;Judge A.Jay Cristol,Southern District of Florida,Legal Intern
Miami,Florida 2001
Researched case law and drafted memoranda analyzing various issues presented before the Judge.
BAR ADMISSIONS
Florida,US District Court: Southern,Middle District of Florida and Northern District of Florida
EDUCATION
University of Miami School of Law
Coral Gables,Florida
Juris Doctor, Cum Laude
Coppin State University
Baltimore,Maryland
Bachelor of Science in Management Science
Stephen Hunter Johnson
shj@lydeckerdiaz.com
COMMUNITY ACTIVITIES
Miami-Dade County Black Affairs Advisory Board
Chair
100 Black Men of South Florida,Inc.
President
Miami-Dade County Public Schools Audit and Budget Committee
Committee Member
City of Miami Housing and Commercial Loan Committee
Board Member
LYDECKER DIAZ
ATTORNEYS AT LAW
Firm Résumé
5
tier
Lydecker Diaz is an AV-rated national full-
service law firm with over 85 attorneys
.; ; .
and thirteen offices throughout Florida,
Philadelphia, New York and in New
Jersey.
FLORIDA
• Miami
• Orlando
• Tampa
• Boca Raton
•
Abe. .. .
WWW.LYDECKERDIAZ.COM
AV
AV'PREEMINENT
Martindale-Hubbell
Lawyer Ratings
LYDECKER DIAZ
ATTORNEYS AT LAW
Thank you for the opportunity to submit our Firm's credentials for your review. W
trust you will be pleased with our experience as it pertains to our Government Liability practice
group. We have also included general information about Lydecker Diaz as a Firm.
ABOUT THE FIRM
Lydecker I Diaz (the "Firm") is an
AV-rated national full-service law
firm with 85 attorneys and thirteen .„7:14
offices throughout Florida,
Philadelphia, New York, and in
New Jersey. The Firm has earned a ..-
strong and positive reputation for its - •�,
tenacious defense and protection of
the best interests of its clients, and
for obtaining optimal results.
OUR REPRESENTATIVE CLIENTS
The Firm enjoys a diverse practice, and accordingly serves a number of government
agencies, not-for-profit entities, and insurance clients, understanding the needs of government
and private sectors.
Government Clients
• Counties and Municipalities. City of South Miami, Town of Davie, City ofo Atlantic
Beach, City of Sunny Isles Beach, City of Ft. Myers, City of Ocala, City of Miami
Gardens, Town of Miami Lakes, Town of Palm Beach, City of Miami Beach, City of
Lighthouse Point, City of Coconut Creek, Clay County, City of Coconut Creek, City of
Lauderhill, and City of Margate.
• Special Districts. Lee County Port Authority, North Springs Improvement District,
Immokalee Water and Sewer, Old Plantation Water Management District, Indian Trail
Improvement District, North Palm Beach Improvement District, St. John's Water River
Water Management District, Housing Authority of the City of Miami Beach, and Ft.
Myers Housing Authority, and Orlando Housing Authority.
• State Agencies. Florida Department of Financial Services, Citizens Property Insurance
Corporation, Florida Department of Children & Families, and Florida Department of
Transportation.
• Federal Agencies. Federal Deposit Insurance Corporation and Federal Aviation
Administration officials.
• Public Education Clients. Somerset Academy, Mater Academy, North Springs
Improvement District, Mater Grove Academy, Bright Futures, Florida International
Academy, Miami-Dade County Public Schools, Broward County Public Schools, Palm
Pagel
www . lydeckerdiaz . com
LYDECKER DIAZ
ATTORNEYS AT LAW
Beach County Public Schools, Ben Gamla Charter Schools, Doral Academy, Central
Charter School,Franklin Academy, and Sports Leadership and Management.
Corporate Clients
• Some of our corporate clients including American Fortune 500 Companies such as
McDonald's Corporation, Sherwin Williams and MG, and large entities including Tumi
Holdings, Inc., Redbull GmbH, Benjamin Moore, The Home Depot, Ingersoll Rand Inc.,
Extended Stay of America,and Blackstone Equity Group-Hotel Division.
• Additional corporate clients include Eastern Airlines, 495 Productions, Inc., Miami Air,
Triple Ventures,LLC, Crescent Heights of America,Imagine Schools,Academica Schools,
Lutgert Companies,and Double Eagle Distribution.
• Lydecker Diaz serves as United States corporate counsel for Rational AG and Rational US
(Billion Dollar leading commercial combination oven manufacturer),United States counsel
for Akris companies, a luxury Swiss fashion label with over 500 points of sale worldwide,
and United States counsel for Davos Financial Group, a Swiss financial advisory group
controlling billions of dollars' worth of assets worldwide.
• Lydecker Diaz is also corporate counsel for LXR Luxury Resorts & Hotels, including such
luxury resorts as Boca Raton Resort,the Registry, South Seas Island Resort,Hyatt Regency
Pier 66, Hilton Bahia Mar Resort, Casa Marina, and Buena Vista Resort and Corporate
counsel for Invitation Homes,the country's largest landlord.
Insurance Clients
• We serve as panel counsel for more than two dozen top international insurance carriers
including American International Group (MG), Chubb / Ace, Liberty/Ironshore, QBE,
Zurich N.A.,Allied World Assurance Company,Arch Insurance, and York Professional.
• We also serve as panel counsel for risk pools and insurance carriers that serve local
government entities in Florida, including Preferred Governmental Insurance Trust, EGIS /
Florida Insurance Alliance, and Chubb Insurance.
We trust that our qualifications meet with your approval, and we welcome the opportunity
to work with you. Should you have any questions concerning our qualifications, or any other
matter,please do not hesitate to contact us at any time.
Sincerely,
'eatd 9. 4deeei atiet 4eoftej
Richard J. Lydecker Onier Llopiz
www . lydeckerdiaz . com Paget
LYDECKER DIAZ
ATTORNEYS AT LAW
GOVERNMENT LIABILITY
Our Florida government liability practice group is made up of seasoned trial attorneys
with a deep bench of lawyers throughout the State of Florida. Our lawyers are passionate about
representation of government bodies and, as such, do much more than just represent
municipalities. Our government lawyers routinely publish and lecture on topics affecting
government bodies.
Proposed Rate Schedule
We would propose the following blended hourly rates:
Parale... aw Clerk Associate Partner
$100 $215 $215
Meet the Team
Our national government practice group is headed by Onier Llopiz, an AV-Rated
seasoned trial attorney. Mr. Llopiz has spent his entire career litigating on behalf of government
entities and has handled a number of state trials, federal trials, and arbitration proceedings. Mr.
Llopiz has the distinct pleasure of working with a number of partners throughout Florida. Here
is a quick overview of some of our partners who specialize in government claims:
• Mark Hendricks (MiamiBroward/Palm Beach). Mark serves as the firm's managing
partner and has represented cities, police officers, and school districts for three decades.
Mark is a distinguished senior trial attorney.
• Stephen Hunter Johnson (MiamiBroward/Palm Beach). Steve's group handles a
significant amount of government claims for municipal clients. Steve is a seasoned
litigation attorney, with a wealth of local community involvement and a champion of
community outreach.
• Mark Emanuele (Broward/Palm Beach). Mark is a former police officer and has
represented universities,police departments, public hospital systems, and school districts.
He regularly handles eminent domain matters, including a recently resolved multi-million
dollar eminent domain matter involving the Fort Lauderdale Airport Expansion.
• Margaret Meyers (Miami/Orlando) chairs our employment department and regularly
handles pre-termination determinations, misconduct investigations, EEOC proceedings,
DOJ proceedings, DOL proceedings, FCHR administrative investigations and
proceedings.
www . lydeckerdiaz . com Page3
LYDECKER DIAZ
ATTORNEYS AT LAW
• Stephanie Pidermann (Miami). Stephanie has handled a number of employment claims
and excessive force claims for government bodies.
• JW Webb (Orlando). JW is a highly-experienced trial attorney who regularly represents
state agencies throughout Florida.
• Shaun Koby (Tallahassee). Shaun Koby has represented municipal clients his entire
career, including the handling of appeals.
• Vince Iacono (Tampa/Jacksonville). Vince is an experienced trial attorney who has
represented a number of municipalities and counties in high-exposure matters throughout
Florida.
• JC Wizel (Statewide Appeals). JC handles a significant amount of government liability
claims, serves as trial support counsel as well as appellate counsel with more than 60
appeals over the last several years.
• Forrest Andrews (Statewide Appeals). Forrest is a Board Certified Appellate Attorney
formerly with the City of Miami Attorney's Office. Forrest has handled more than 100
appeals, with over 20 oral arguments in the Florida Supreme Court and the Third District
Court of Appeals.
What Sets Us Apart
Here are some examples that set our lawyers apart from other firms handling government
liability claims:
• Well-versed at public records law (Sunshine law, Chapter 119 for Florida, and FOIA for
federal agencies) and its requirements, exemptions, and overall best practices. Our
lawyers have advised clients on public records law issues, and have litigated public
records violations as well as violations of Sunshine law meetings.
• Experts at Ethics, Public Official misconduct issues, including requests for
reimbursement of attorney's fees—having successfully defended a municipality from the
largest attempted fees reimbursement for a public official of over$3M.
• Intimately familiar with the latest 11th Circuit opinions and national trends regarding
1983 claims. We have litigated numerous race-based police-involved incidents,
including one of only a national handful of Taser-related fatalities and we have worked
hand-in-hand with Taser, worked with national clinics around the country and assisted in
setting up appropriate forensic evaluations.
• Grand Jury Proceedings. Our lawyers have handled a number of cases that have been
presented to grand juries and we have worked to develop the proof necessary to avoid
officer indictments.
• Assistance in Police Investigations. We have worked closely with police departments in
the midst of their investigations to avoid pitfalls that can be exploited in the future for
purposes of maximizing claims.
• Available 24/7. We understand that emergencies occur day and night at cities,
particularly because the provision of services never ends. We make ourselves available
throughout the state at a moment's notice to handle investigations, assist clients with
questions and develop solutions that cannot simply await a standard research track.
www . lydeckerdiaz . com Page4
LYI) FCKER DIAZ
ATTORNEYS AT LAW
• Employment Experts. Our lawyers handle unique employment issues and advise clients
on a routine basis, including the intricacies in Florida of collective bargaining agreement
requirements, police officer bill of rights, and other administrative protections. We have
handled complex pension-related issues, early retirements, dismissals, very public
terminations, and sting operations leading to arrest and termination.
• Experienced at Public Relations. Our lawyers regularly assist government agencies and
schools with press releases and required notifications when the unfortunate occurs. We
understand the significance of every word written and the potential ramifications down
the road. We understand the needs of the press and the constraints of public records law
in providing information.
• Constitutional Claims / Civil Rights expertise. We have litigated, tried, and handled
appeals of a significant number of 1983 claims.
• Full In-House Appellate Department. We have a complete appellate department with
attorneys who have handled hundreds of appeals, including a former City of Miami
Assistant City Attorney.
Civil Rights/Constitutional Claims
The Firm's lawyers have amassed considerable expertise in representing state entities,
municipalities, government officials, political sub-divisions, state corporations, school districts
around the State, and newly elected officers. Our government liability cases often involve
complex issues of Constitutional law, sovereign immunity, civil rights, violations of the
Government-in-the-Sunshine Act, as well as torts, employment law violations, and common law
claims. Our lawyers are constantly at the forefront of changes in the law affecting our
government clients in order to better serve them, and have successfully defended governmental
entities and officials in numerous actions involving a wide array of issues,including violations of
the Fourth Amendment, Fifth Amendment, Fourteenth Amendment, the First Amendment
restrictions,Bivens actions, Equal Protection claims and 42 USC § 1983 actions. These actions
require regular analysis and review of Florida's criminal laws, the law of probable cause, issues
of use of force and excessive force, and prosecution of criminal charges. We also work closely
with top experts in the field to assess these issues as well as issues of officer training and proper
patrol and arrest procedures.
Our government liability team has considerable experience defending against government
tort liability claims, vicarious liability actions, and public official misconduct, carefully
navigating a variety of government-specific defenses, including state sovereign immunity, and
federal state action doctrines.Not only has the Firm successfully defended state and local entities
and officers in actions filed against them across the State, but is also devoted to obtaining
maximum recovery on behalf of the State and local entities we represent as Plaintiffs.
Government Tort Liability
Our attorneys also routinely represent police officers, municipalities and other public
officials charged with claims of official misconduct, retaliation, and state tort law claims,
www . lydeckerdiaz . corn PageS
LY1) FCKFR DIAZ
ATTORNEYS AT LAW
including those for battery, false imprisonment and malicious prosecution. Our expertise has
resulted in dismissals in both State and Federal courts of claims based on a number of legal
defenses including individual immunity, standing, state sovereign immunity, as well as
substantive defenses. In regularly defending these claims, our attorneys have significant
experience with police department personnel and internal affairs issues and investigations as well
as knowledge of the administration and standard operating procedures of municipal police
departments. In the majority of our police officer cases, municipalities and their officers are
named in the same suit,requiring a close and concerted response by counsel for such defendants.
Our Firm has excelled in joint efforts to defend such oft-times aligned parties for the mutual
benefit of the parties and typically takes the lead on the defense and direction of the litigation.
Because many of our Public Officials and government liability cases are disposed of on
summary judgment, we are often called upon to defend appeals of the judgments in both the
federal circuit and the Florida courts.
Employment
The attorneys comprising the Employment Division have represented numerous public
employees and employers, including the Broward Sheriffs Office (BSO), the Broward County
School Board, Palm Beach County School Board, Academica national charter schools, and the
Florida Department of Education. In representing these clients, our Employment Division has
dealt extensively with issues such as due process, name clearing hearings, qualified immunity,
unionization,grievance proceedings and arbitrations.
Over the years, the partners and attorneys in our Employment Division have represented
numerous public and private educational institutions including large universities and colleges,
public school boards and charter schools.
Mark A. Emanuele, co-chair of the Employment Division, represented the Palm Beach
County School Board, headed an investigation into a school's principal who was alleged to have
engaged in approximately twenty acts of immorality and violations of School Board policy. Mr.
Emanuele also represented the School Board in various lawsuits arising out of the
aforementioned investigation, one of which was appealed to the Fourth District Court of
Appeals,who entered an opinion in favor of the School Board Superintendent.
Administrative Proceedings/Police Arbitrations
Our attorneys are also experienced at handling a number of administrative proceedings
within police departments, internal affairs investigations, FMCS arbitration proceedings, FDLE
investigations, coroner inquests, employee grievance proceedings, disciplinary proceedings, and
contract negotiations.
We have successfully represented municipalities in arbitration proceedings before the
Federal Mediation and Conciliation Service ("FMCS") with respect to alleged Collective
www . lydeckerdiaz . com Page6
L\- DICKER j DIAL
ATTORNEYS AT LAW
Bargaining Agreement violations and related grievance issues including management rights,
police officer terminations,challenges to promotions and disciplinary issues.
Our police department arbitrations are handled by one of the Firm's governmental
liability partners,Mark A.Emanuele, an AV-rated trial attorney who has long represented police
agencies and sheriff's offices in various such proceedings. Although he has been practicing law
for more than 25 years,he has also formerly served as a police officer in various municipalities.
His background in police representation, coupled with his experience in employment law, make
Mr. Emanuele a strong advocate for municipalities facing arbitrations.
Litigation Avoidance
Our Firm regularly works hand-in-hand with general counsel for our government clients
and their officers as well as personal counsel appointed by Police Unions in order to achieve an
intimate understanding of our clients' needs and provide cost-effective, high-quality services.
We work with a firm philosophy of client involvement, updates and responsiveness, responding
to most client inquiries within one day. We also emphasize preventative legal strategies to
manage our government entities' legal risks. For example, our attorneys work closely with cities
and their officers to prevent liabilities from arising by advising on public records production,the
requirements of the Government in the Sunshine Act, federal constitutional and statutory law
requirements, and recent changes in civil rights law. As part of our firm's litigation avoidance
strategies, we routinely provide our government clients and their insurers with continuing
education and in-service training.
Inverse Condemnation,Eminent Domain, &Bert J.Harris Claims
Lydecker Diaz has handled a number of high profile land use matters, including
numerous involving public entities. Below is a sample of cases involving inverse condemnation
and eminent domain claims, as well as related takings cases our firm has handled at both the trial
and appellate levels which concern the entity's use and regulation of land within its boundaries:
• Sun Vista Hotels, Inc. v. St. John's Water Management District. (July 2015). This was an
inverse condemnation case involving claims of a flowage easement based upon excess
water flow. After moving to dismiss, our client was immediately dismissed from the
action.
• Adeeb and Atlantic Beach Diner, Inc. v. City of Atlantic Beach(Duval,2016). This was
an action against the City claiming Inverse Condemnation and demanding just
compensation. After some litigation, our client was voluntarily dismissed from the
action.
• Crowley Museum and Nature Center,Inc. v. Southwest Florida Water Management Dist.,
993 So. 2d 605 (Fla. 2d DCA 2008). Inverse condemnation claim arising out of the
District's issuance of permits allowing farming operations to engage in"flood irrigation,"
which caused irrigation tailwater to fill up a swamp basin, and in turn, caused water to
www . lydeckerdiaz . corn Page7
LYDECKER DIAZ
ATTORNEYS AT LAW
then flow downstream onto the Nature Center's lands killing large numbers of trees
therein.
• Your A to X Video Outlet, Inc. v. Stirling Center, LLP, Case No. CACE 08053379 (Fla.
11th Cir. Ct. 2008). Facial and as-applied challenge to an adult-entertainment ordinance
as violative of the Taking's Clause of the Fifth Amendment of the United States
Constitution and related Florida Constitution provisions based on the ordinance's
amortization requirements. Facial and as-applied challenge to a City ordinance as
violative of the First Amendment of the United States Constitution and related Florida
Constitution provisions based on the ordinance's zoning, licensing, and land development
regulations relating to adult entertainment establishments, claiming the imposition of
unjustified restrictions on constitutionally-protected activity without a substantial
governmental purpose and without providing adequate alternative avenues for the
protected activity.
• Jay's Total Car Care v. Clay County. (2013). Plaintiff claimed its property experiences
flooding as a reulst of the County's alleged failure to maintain the drainage system with
damages claimed in excess of$500,000. We were able to resolve this for$10k.
• Weston v. Town of Jupiter, FL, Case No. 05-80765-CIV-RYSKAMPIVitunac (S.D. Fla.
April 20,2006). Violations of the Equal Protection Clause in enactment and enforcement
of overcrowding ordinance, and deliberate indifference to constitutional rights.
• Young Apartments, Inc. v. Town of Jupiter, FL, 529 F.3d 1027 (11th Cir. 2008).
Violations of the Equal Protection Clause in enactment and enforcement of overcrowding
ordinance,and deliberate indifference to constitutional rights. Dismissal reversed.
• Young Apartments, Inc. v. Town of Jupiter, FL, Case No. 09-14642-A(11th Cir.) (Young
Apartments II,2010). Summary judgment affirmed in favor of City and public officials.
• 100 Claims involving Rising Water in Clay County, Florida, representing Clay County
Representation of County in numerous claims related to severe flooding on county-wide
basis, involving numerous regulatory agencies, water management system maintenance
and planning.
• Etinement, LLC v. Town of Davie, Case No. CACE 07015615 (09) (Fla. 17th Cir. Ct.
2009).Action for declaratory judgment and injunctive relief involving claims of unlawful
withholding of occupational license and permitting, exercise of express police powers,
and violation of separation of powers doctrine.
• Gori v. Town of Davie. Suit involving a challenge to the enforceability of administrative
fine as lien on Homesteaded property.
• Russo Associates, Inc. v. City of Dania Beach. Claims involving violations of Bert J.
Harris, Jr. Private Property Rights Protection Act, claims for uncompensated regulatory
taking in violation of the Florida Constitution, and violations of substantive due process
rights.
• Donnie Eli d/b/a Psychic Shop and Gifts v. Town of Davie, Case No. CACE 09-035182
(03) (Fla. 17th Cir. Ct. 2009). Claims of constitutional violations involving prior restraint
in violation of First Amendment for restrictions of trade, illusory permitting procedure,
fortune telling, and astrology regulation.
www . lydeckerdiaz . com PageS
i
L)- 1� �-_ CKER DIAZ
ATTORNEYS AT LAW
Other Government Representations
The following should serve as an example of the Firm's services to government entities at
international,national,and local levels:
• Consortium de Realisation, Republique francaise. The firm successfully represented
the Consortium de Realisation, S.A.S., a governmental agency of the Republic of France.
Analogous to the Federal Deposit insurance Corp. or the Resolution Trust Corporation in
the United States, the Consortium is charged with the liquidation of insolvent banking
institutions. Together with its correspondent law firms in France,New York,Panama and
the British Virgin Islands, the firm's representation included creditors' rights litigation in
the courts of Florida on behalf of the Consortium's subsidiary, CDR Creances, S.A.S.
("CDR"), which is tasked with marshaling the assets of insolvent French banking
institutions, including bringing their causes of action worldwide. The firm has
successfully litigated and recovered on a multi-million-dollar cause of action against the
principals of a former borrower of the insolvent Societe de Banque Oriental, a subsidiary
of Credit Lyonnais, and continues to represent CDR in a claim for damages in the
hundreds of millions of dollars against the same individuals and their controlled
multinational business entities.
• Multi-Million Dollar State of Florida Receivership. Due to its financial investigation
and litigation expertise, our Firm was selected to pursue director & officer actions and
professional liability actions on behalf of The State of Florida Department of Financial
Services as receiver of the Poe Financial Group, a group of defunct insurance companies
and affiliated entities in administering insurer receiverships. This is high-profile $1
Billion receivership represents the largest insurer insolvency in Florida's history. These
insurance conglomerates involve very complex corporate structuring and commercial
transactions that are generally created to circumvent regulatory oversight. The firms as
able to successful negotiate an eight-figure settlement.
• Federal Aviation Administration Bivens Representation. We recently successfully
represent a number of federal FAA agents, and various supervisors of FSDO's and other
offices in various claims of constitutional violations including due process violations
brought as a Bivens action stemming from the shut down of a popular Part 142 school
and the de-certification of various individuals holding type ratings for the largest
commercial passenger aircraft. Our representation includes closely working with the
Office of the United States Attorney and the Department of Justice.
• Federal Deposit Insurance Corporation Representation. We are regularly engaged by
the Federal Deposit Insurance Corporation(FDIC)to investigate the failure of banks and
bring actions against any entities or individuals who created or deepened the insolvency.
One such recent representation involved the failure of Florida Community Bank, one of
the oldest banks in Florida, which was created in 1923. The Bank suffered from a
number of construction-based loan defaults, including a near $30M loss. The Firm is
w w w . I y d e c k e r d a z . c o m Fake 9
LYDECKER DIAZ
ATTORNEYS AT LAW
called in to investigate the loans made, management, investment advice, potential
mishandling of investments, loan processing and underwriting irregularities, delinquent
loans, misrepresentations, accounting and auditing malpractice, and other errors and
omissions which caused or contributed to the loss.
• Receiverships. When an insurance company becomes insolvent, the State of Florida
hires us to investigate the affairs of the insurance company, affiliates, directors, officers,
and any related third parties, which includes an in-depth investigation of the company's
intricate accounting and finance practices. If such a review reveals any improprieties, we
then represent the State in bringing actions against the company's directors, officers,
accountants, financiers, or others to protect the interests of policyholders, creditors, and
other claimants and the public.
• State of Florida Agencies. We have been retained over the last several years to
represent various State agencies, including, the Department of Children and Families,
Department of Transportation, Agency for Health Care Administration, Department of
Lottery, Department of Corrections, State Attorney's Office, Miami-Dade County,
Miami-Dade County SAO Katherine Fernandez-Rundle, and the Florida Department of
Financial Services, Division of Rehabilitation and Liquidation. We have also represented
numerous State Universities, Counties, and Water Management Districts.
• Representing Clients Before Federal Agencies: In Florida,New York and New Jersey,
our attorneys have been retained both directly or appointed through insurance carriers to
assist clients who are responding to information subpoenas, being investigated directly or
are the target to an investigation or law suit where the initiating party is a federal agency
such as the NLRB, EEOC, HUD, DOJ, SEC and Treasury Department.
We trust that you will be impressed with the responsiveness of our attorneys and their
level of professionalism, devotion to the practice, and results. Thank you for the opportunity to
assist.
www . lydeckerdiaz . com Page10