There are a lot of good lawyer jokes out there. One of our favorites:

A lawyer dies and goes to Heaven. "There must be some mistake," the lawyer protests. "I'm too young to die. I'm only 55." "Fifty-five?" says Saint Peter. "No, according to our calculations, you're 82." "How'd you get that?" the lawyer asks. Answers St. Peter: "We added up your time sheets."

Ever feel as if there’s no justice anymore? 2020 was supposed to be the final exam, and 2021 was supposed to be summer vacation. Instead, sometimes it feels as though our least favorite professor keeps rescheduling our final exams, while we flounder in a purgatory between chaos and normal.

It’s kind of like being in litigation. There are few things more disorienting than being a party in a litigation when you feel – to your bones – that you do not deserve to be there. Unfortunately, attorneys have been taking idiotic legal positions on behalf of terrible clients for hundreds of years.  Being on the other side of that proverbial “v.” while waiting for the wheels of justice to slowly grind can test anyone’s faith in the system. Some take solace in leaning on the adage that all lawyers suck, or otherwise snickering in knowing solidarity with Dick the Butcher when he suggests first, to “kill all the lawyers.”

But the cheap thrill of the occasional lawyer joke is not exactly restorative. So what is? We shudder to mention “gratitude” – it’s become a kind of panacea for all manner of discontent. But nearly five years on, as our firm continues to refine our own definition of excellence (some combination of a proven track record of lawesome results with an A+ team that enjoys their jobs), gratitude – and the perspective it provides – remains a ballast as external forces blow our skiff around. Because even when you are sitting in an 11-hour deposition with opposing counsel coughing near you while the witness lies through his teeth and all you’ve had for lunch was four diet cokes and a bag of baked Lays (plain), we try to remember that – truly – our cups overfloweth.

There is no monogramed yeti, bottle of cabernet or other token that we could think of that would be adequate to thank our friends, family, clients, and team for the gift of their unwavering support. Thank you for embracing us and allowing us to be human. We are donating to The Cleo Institute and Fairchild Tropical Botanic Garden this holiday season. If any of you wishes to do so as well, we will happily match your contribution. And as always, if you are ever in our neighborhood and in the mood for a coffee, drink or meal, please reach out and we would love to say thank you in person.

2021 FEDERAL BAR ASSOCIATION CHAPTER PRESIDENCY

This past year marked the end of Yaniv Adar’s term as President of the South Florida Chapter of the Federal Bar Association. Yaniv was the first ever President sworn in over Zoom and took the helm of the South Florida Chapter smack in the middle of the pandemic. After spending the better part of the year working with the federal bench and bar to create virtual content, in September 2021 Yaniv and his partner Etan Mark helped welcome hundreds of federal practitioners and judges for the Federal Bar Association’s in-person annual meeting right here in Miami, Florida. The event was an incredible success, and Yaniv was recognized by being honored as an Outstanding Chapter Leader by the Federal Bar Association. In his post-presidential life, Yaniv joined Etan to share their expertise about changes to the local federal rules and the impact of those changes on federal practice in the Southern District of Florida. If you need local counsel in state or federal court, Yaniv and Etan are here to help.

WHAT FLORIDA LOCAL FEDERAL COURT RULE CHANGES MEAN FOR ATTORNEYS

By Yaniv Adar and Etan Mark

While the first week of December in South Florida is typically associated with the international art fair, Art Basel, litigators in the region eagerly embrace another holiday tradition — annual changes to the U.S. District Court for the Southern District of Florida’s local rules.

Last month, the court’s Ad Hoc Committee on Rules and Procedures published their proposed rule amendments, set to go in effect on Dec. 1.

The most significant amendment involves the invocation of the trade secret privilege, but additional changes concern post-conviction motions, notices of supplemental authority and motions for reconsideration. Below is a summary of those changes, and what this means for South Florida litigants.

Specificity Required for Assertion of Trade Secret Privileges

Perhaps the most significant change in the planned amendments is proposed Local Rule 26.1(e)(2)(B)(ii)(c), governing assertions of trade secret privilege in response to discovery requests. [...]

This proposed rule is already in effect with many of the no-nonsense magistrate judges in this district, but the proposed amendment formalizes and makes uniform this requirement.

Practice Tip

Litigants too often forget that Local Rule 26.1(e)(2)(D) requires them to produce a privilege log within 14 days following the service of a discovery response. This amendment will not only lead to an uptick in disputes over documents withheld on the basis of trade secret privilege, but assertion of privileges generally.

It also abolishes the boilerplate practice of relying on a vague trade secret privilege as a placeholder.

Ensuring compliance with this new rule by timely including a privilege log and otherwise complying with the local rules, as well as holding others accountable for ignoring it, are great ways to earn traction with the magistrate responsible for resolving your disputes.

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