• Partner's Perspective: How the Crisis Dogs of Sandy Hook Taught Us All How To Be The People Dogs Think We Are
  • Jimerson Birr Ranked Among Fastest Growing Law Firms
  • Last Chance to Vote for Jimerson Birr in the Florida Community Association Journal's Reader's Choice Awards
  • Attorney Bryan M. Davis Joins Jimerson Birr
  • Blog Highlights
  • Curiosities, Ruminations and Various Eccentricities of Firm Biz

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PARTNER'S PERSPECTIVE
Charles B. Jimerson - How the Crisis Dogs of Sandy Hook Taught Us All How To Be The People Dogs Think We Are
Two years ago next month I wrote a breezy Partners Perspective newsletter intro that shared some pictures of oil paintings featuring pets in military commander uniforms. The lighthearted piece was a departure from the earnest, reflective Partners Perspectives that let our readers in on JB dogma and ethos. Sometimes we write to reflect, sometimes we write to relate, sometimes we write to teach, and sometimes we write just to feel good. Overall, our mission is to always add value, even if that value comes in the form of a cheap laugh at a mantelpiece of a beagle as a Brigadier General. There is something about the human-animal bond that bypasses the intellect and goes straight to the heart, nourishing emotions in ways that not much else can. An animal’s eyes have the power to speak a great language. It is easy to write to feel good, or help others feel good, when you involve pets. Pets are our link to paradise—they don’t know judgment, jealousy, or iniquity. Most pets, and particularly dogs, love you more than you love yourself. The average dog is a nicer person than the average person. Maybe it’s because they understand humans better than humans do?

In all candor, I wrote the above-linked article two years ago when I was feeling a little bit of the blues. Rather than write a withdrawn, frosty corporate puff-piece, I wanted to focus our ongoing conversation on what I hope is a common interest: a healthy appreciation for the partnership that our pets can provide. Whenever you feel like you are not measuring up, or the world has done you wrong, pets can cure what ails you. They don’t make judgments about physical appearance or abilities, and they don’t care how big your house is or what you do for a living. They don’t need to lie to you to protect your pride. All they care about is the quality of your character and your capacity to love.

No matter how little money and how few possessions you own, having a pet makes you feel rich. Pets are sentient, intelligent, perceptive, funny, and entertaining. We owe them a duty of loyalty and care as we do to children. You cannot look at a sleeping pet and feel tense, and you cannot look at a wagging tail and feel sad. Pets are like toddlers that never grow up. Forever children. We love them for that. Particularly when those toddler-pets are presented in full dress regalia. Even the tiniest poodle or chihuahua is still a Rear Admiral at heart!

For the past 8 years, right around this time of year, I find myself reflecting on the impact of the Sandy Hook slaughtering of elementary school kids and educators. For me, that was the single most emotionally stirring news event of my lifetime. 20 families said goodbye to their first graders that morning at the bus stop or carpool drop not knowing that they would never see them alive again. Can you imagine what it must have felt like for those families to have to come home that night of December 14, 2012 to your child’s hanging stocking, presents under the tree and a home that will never be the same again? Perhaps there were recent family photos of a trip to see Santa—proof that once, even if just for a heartbeat, everything was perfect. Photos that hurt to look at then and now. Can you put yourself in their shoes to understand that level of pain? How can someone ever come back from that?

Gratitude and empathy propel my mind to those moments each and every year since that terrible tragedy. I have kids that are close in age to those Newtown, Connecticut kids who were killed and it reminds me that you never know when you won’t get another opportunity to kiss that little cheek again. It is shaking to think about the enduring grief that those parents must feel, a form of hurt and fatigue that sleep can’t fix. They say that time heals all wounds, but that presumes that the source of grief of losing your elementary school child to a shooting is finite. No way it could ever be. When your first grader is missing, the world must always seem empty. I can’t imagine which pain is worse, the shock of what happened or the ache for what never will.

I’ve lost two loved ones under 65 to COVID in the last year, and it helped me a lot to read about processing grief. One thing that resonated to me was the concept that grief is a play of two acts: The first is loss, the second is the remaking of life. Recently, this compelled me to do some reading about how the Sandy Hook parents remade their lives after losing their children. What I learned was remarkable. Some family members have chosen to remain intensely private. Others have become prominent advocates for gun violence prevention. Others have started foundations to pursue initiatives they felt their lost child would have supported. No single campaign represents all 26 families. As a group and individually, the families of murdered Sandy Hook kids and educators navigated the push and pull of how to honor the dead, where to spend their time, how to volunteer, when and what to do with donations, how to manage their emotional capacity, and most importantly when, and how, to care for themselves.

In my research, I found many articles about the healing power of dogs and how they brought comfort to Newtown survivors and others in crisis immediately after their tragedies. In the aftermath of the school shooting, there were several documented instances of kids opening up to the dogs about their grief in ways and terms that adults were unable to elicit. The dogs sat patiently as students read to them, petted them, spoke to them, and provided a much-needed calming presence for both children and teachers. The presence of the animals helped facilitate a discussion with human counselors or simply provided wordless emotional release for the victims.

I also found this article from the Today Show, which described charitable efforts to deploy specially trained therapy dogs to Newtown, Connecticut to provide wordless comfort and affection to traumatized children and adults. It’s a short article, but it’s worth the read. The dogs spent months helping Sandy Hook Elementary pupils get through each day. One of those comfort dogs, an intuitive golden retriever named Ruthie, was so effective at her job there—and, as of 2016, at the sites of more than 20 tragedies since then—that she was named ASPCA Dog of the Year. The parents of murdered first grader Katherine Hubbard described how Ruthie would help their 9-year-old Freddy (Katherine’s brother), as well as themselves, rehabilitate and reacclimate, saying:

“Knowing that Freddy could spend as much time as he needed during the school day with Ruthie and the other comfort dogs gave [Jenny and her husband, Matt Hubbard] a sense of reassurance. It also gave [Jenny and Matt Hubbard]an unspoken, yet clear, form of communication with Freddy. Whenever Freddy would visit with a comfort dog, that dog’s handler would give him a card bearing the dog’s photograph, attributes and an encouraging message…. If he came home and pulled six business cards out of his pocket, I knew he was dealing with some heavy stuff that day,” Jenny Hubbard said. “But if he pulled out only a couple of business cards, I knew that we were OK, we were on a good track that day. Because of those cards, we didn’t have to say to him, ‘How was your day?’ It was such a crappy question to ask. His day was awful. My day was awful. My husband’s day was awful. We were all having to learn a new normal. But thanks to the dogs, he could come home and tell me how he was doing without having to put it into words.”

Therapy dogs like Ruthie are trained to provide affection, comfort, and support to people, often in settings such as hospitals, retirement homes, nursing homes, schools, libraries, hospices, crisis recovery or disaster areas. There are endless ways that animals like dogs (as well as other pets) offer therapeutic benefits and help people heal from physical and psychological ailments. Calming anxiety and helping someone regain peace improves their quality of life.

Another one of the Sandy Hook survivor families, the Bacons, wrote a couple of children’s books (including one by their 11-year-old son) documenting some of the most special therapy dogs that visited their family and friends at school and helped lick the tears away from their faces. Their website is linked here in case you want to buy the books. What the dogs help some of those families learn is that while dogs die, dogs live, too. Right up until they die, they live. They live brave, beautiful loving lives. They protect their families. And love us. And make our lives a little brighter. And they don’t waste time being afraid of tomorrow. They are the only worldly teacher of unconditional love. And if you can have that in your life, things won’t be too bad.

Is there anything more comforting than the reassuring love and touch of a dog? Our perfect companions never have fewer than four feet. Having lost two dogs in 2019 and then getting a Corona-pup in 2020, I came to realize that, for me, if I didn’t own a dog—at least one—there was not necessarily anything wrong with me, but there may be something wrong with my life. As businesspeople, all of us should understand the value proposition that dogs bring. Dogs have given us their absolute all. We are the center of their universe. We are the focus of their love and faith and trust. They serve us in return for scraps. They lick your face even when you leave them alone all day. Have you ever made a business deal with such return on investment?

As I promised in the newsletter linked above, namely that I would get a doggie war photo of my Corona-pup, we commissioned a pièce de resistance depicting Olive the Oligarch shown below. For good measure, I’ve added a couple of action shots from this smol, who has become our heartbeat at our feet.
Olive can snap you out of any kind of bad mood that you’re in faster than you can think of. It is amazing how much love and laughter she has brought into our lives and even how much closer my family has become with each other because of her.

If you are experiencing some holiday blues this year, please never forget that dogs (and pets in general) have a way of finding the people who need them and filling the emptiness we didn’t even know we had. Pets are humanizing. They remind us we have an obligation and responsibility to preserve and nurture and care for all life. In a season guided by serenity and harmony, it benefits us all to reflect on how the kindness lavished on dogs, or volunteered by dogs, if evenly distributed, would establish peace on earth. The world would be a nicer place if everyone had the ability to love as unconditionally as a dog.

If you are reading this and have a dog, you probably think you have the best dog. And you are not wrong. I hope you tell him or her that this holiday season, and as part of that process I hope that you find your comfort and direction. Petting, scratching, and cuddling a dog could be as soothing to the mind and heart as deep meditation and almost as good for the soul as prayer. Anyone can learn how to communicate with animals if they are open to the process and willing to practice. No one will appreciate the special genius of your conversation as much as your dog does. Just don’t accept your dog’s admiration as conclusive evidence that you are wonderful without attempting to be just that. Go be the person your dog thinks you are. 
Very Truly Yours,
Managing Partner

Jimerson Birr Honored by Law Firm 500 for Year-Over-Year Growth
Jimerson Birr is once again honored to be recognized among the Law Firm 500, which celebrates the fastest growing law firms in the United States as measured by their year-over-year growth. In 2021, Jimerson Birr ranked #101 on the list with 75% growth, up from its rank of #151 in 2020.

Since its inception, Jimerson Birr has been committed to growing and making a greater impact within the industries we are strategically aligned and privileged to serve. The firm has been honored for attracting top-tier talent from across the nation, who are drawn to our workplace culture focused on accountability, conferring client-defined value, and fostering meaningful partnerships.
Last Two Weeks to Vote for Jimerson Birr
We are excited to share that Jimerson Birr has again been nominated for a Florida Community Association Journal (FLCAJ) Reader's Choice Award. The FLCAJ Awards are presented each year to industry service providers, and the winners are selected by popular vote through their online voting process. Last year, the firm won a Platinum Award thanks to the number of votes cast.

Voting is quick, and we hope you will cast your vote for us in the Legal Services category. We appreciate your consideration, and thank you for continuing to be loyal readers and friends.
Experienced Property Management Executive Turned Attorney Joins Jimerson Birr
Experienced Property Management Company Executive Bryan M. Davis has joined Jimerson Birr as an associate to specialize in community association law. Davis will bring a unique approach to the practice group with his meticulous attention to detail in assisting clients navigating a range of legal issues of varying complexity, including the daily operational issues facing Planned Unit Developments.

Prior to joining Jimerson Birr, Davis was a licensed community association manager who owned and operated a successful management firm representing condos and homeowners’ associations throughout the region. His experience in association management includes navigating The Marketable Records Title Act (MRTA) preservations and revitalizations, collections, compliance, homeowner dispute resolutions, governing document review and interpretation, and most every other issue a board may face.

Davis was admitted to the Florida Bar after earning a Juris Doctor degree from the University of Mississippi, graduating cum laude with a concentration in Sports and Entertainment Law. 
Jimerson Birr Legal Blogs
Are you keeping up with the latest information in business and law? Jimerson Birr publishes weekly blog posts covering topics from construction law, real estate development, sales and leasing law, banking and financial services law, community association law, and everything in between. Click here to subscribe today and stay up-to-date on the latest legal news from the industries we serve:
Real Estate Development, Sales & Leasing Industry Legal Blog
Riparian Rights and Florida Property Owners' Rights to an Unobstructed Water View


Among the many attractive features of owning real estate in Florida is the possibility of having a waterfront view of one of the numerous scenic bodies of water throughout the state. However, property owners in Florida are often under the mistaken impression that they have an absolute right to a view of the water once they purchase a piece of property. However, this right—known as a riparian right—is limited, and it is crucial that people understand whether riparian rights apply to the property they purchase...

Click here to read the full blog post.

Community Associations Industry Legal Blog
Condominium Association Boards: Why You Should Not Avoid Maintenance

Disputes over the party responsible for the maintenance of various areas of a condominium complex are common. Disagreements frequently arise between unit owners and an association over whether the association or the owner is responsible for the maintenance and upkeep of a particular area. This blog post provides an overview and summary of Florida law on the maintenance responsibilities of a condominium association as well as best practices condominium associations can take to meet these responsibilities and minimize liability exposure of association board members...

Click here to read the full blog post.

Construction Industry Legal Blog
How Contractors Can Protect Their Lien Rights When Working on Leased Property


When construction contractors in Florida are hired by a tenant to work on leased property, those contractors must understand their construction lien rights. In certain circumstances, those construction lien rights may not be as robust as the contractor thinks. This blog will provide an overview of a contractor’s lien rights when the contractor is not in privity with the owner, as well as the impact of James B. Pirtle on those rights. Part 2 of this series will instruct owners on how they can best protect their property interests when a tenant engages a contractor to make improvements to their property...

Click here to read the full blog post.

Banking & Financial Services Industry Legal Blog
Recovering Personal Property Collateral: When Should Secured Creditors Consider Replevin Instead of Self-Help Repossession?


Many secured creditors are aware of the right to “self-help” repossession—a process that is often fraught with risks and limited to the recovery of assets with a known location. However, sometimes judicial intervention is required to immediately prevent waste, concealment or destruction of the collateral on an emergency basis, through a process known as replevin. With concerns over destruction or concealment of the asset, these secured creditors need to efficiently take possession of the property, while minimizing risks to the creditor...

Click here to read the full blog post.
Cross-Industry Legal Blog
OSHA's COVID-19 Mandate: Proactive Measures for Private Employers to Take While the Mandate is Stayed


On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published 29 C.F.R. 1910, commonly referred to as the “vaccine mandate” and referred to by OSHA as the “ETS on Vaccination and Testing,” which requires private employers with over 100 employees to either mandate employees get vaccinated or undergo periodic testing for COVID-19 (“Mandate”). This article describes the mandate and what employers covered by the mandate can do to proactively prepare for complying with the mandate should it one day be enforced by OSHA...

Click here to read the full blog post.
Communications & Media Industry Legal Blog
Florida's New Mini TCPA: Changes to the Florida Telemarketing Act and the Florida Do Not Call Act


This year, through Senate Bill 1120 (SB 1120), Florida adopted its own version of the Telephone Consumer Protection Act, which has been referred to as Florida’s Mini-TCPA. Florida’s Mini-TCPA has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, et. seq. Florida’s expansion of its telemarketing laws harmonizes Florida law with the federal TCPA by creating a private cause of action...

Click here to read the full blog post.
Firm News
Curiosities, Ruminations and Various Eccentricities of Firm Biz
December JB FOR ME Highlight Reel
We ended November surrounded by our Firm Family at our annual Thanksgiving Potluck, where we enjoyed seasonal dishes prepared by colleagues and festive tunes. From ham and deviled eggs to green
bean casserole and macaroni and cheese, there was no lack of going back for seconds (and thirds).

Later, as firm believers of a balanced diet and an unexpected mid-day pick-me-up, we started December with National Red Apple Day, enjoying various varieties of red apples. Eating an apple a day reportedly keeps the doctor away, but since we've only done this once, no major health status changes reported.

Always good times around the Jimerson Birr Fam's Thanksgiving Table.
Red Apple Day proved that sometimes it's the simple things in life that delight us most.
Technical precision, patience, strategy—these are all characteristics you might think of when you imagine litigation, but our attorneys and professional staff put those skills to the ultimate test on World Trick Shot Day, completing a series of incredibly difficult trick shots throughout the office. In the end, Daphne Gomez came out on top. 

Daphne Gomez flexing her highlighter technique during World Trick Shot Day. She took first place in the Competition.
Following the final event for Firm Cup Points: Stephanie Stubbs (not so) thrilled with her second place finish after Austin Calhoun clinches the Firm Cup.
Our annual firm cup brings out the competitive nature in all of us, and this year’s leaderboard was razor-thin, culminating in our last monthly Mental Health Monday walk of 2021 being the deciding event. Winning by just eight points, partner Austin Calhoun eked out the top spot with 307 points; followed by Stephanie Stubbs with 299 points and Daphne Gomez close behind with 284. The Firm Cup, which was modeled after the original Karate Kid's All Valley Tournament trophy, will be presented tonight at the Firm's Holiday Party and Gift Exchange. Next time you're in the office and for the next year, it won't be hard to miss in Austin's office.

As we look forward to a great new year, we wish all of our clients, friends, partners, and those we've yet to meet, a very happy holiday, and a 2022 that becomes everything you'd like it to.
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