• Partner's Perspective: Drive On
  • Jimerson Birr recognized as top litigation firm for accessibility, results, and reputation
  • Theresa C. Pontieri, Esq. joins Jimerson Birr
  • Blog Highlights
  • Curiosities, Ruminations and Various Eccentricities of Firm Biz

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PARTNER'S PERSPECTIVE
C. Ryan Maloney - Drive On
As of about six weeks ago, we welcomed a new driver to my family. Specifically, my recently turned 16-year-old son is officially behind the wheel of his own car. If you have not yet experienced welcoming a teen driver to the family, let me tell you, it brings about a WIDE range of emotions as a parent. Not to mention some serious sticker shock – my family’s car insurance bill more than doubled after adding him to our policy!  
 
One of those emotions has been nostalgia. Looking for used cars with my son and planning his DMV visit to get his driver’s license brought back strong memories of my own time of getting my driver’s license and my first car. The nervousness about driving on my own, combined with the excitement and anticipation of my soon-to-be newfound freedom was palpable, and seeing my son experience some of those same feelings brought me back to those days a bit. But the nostalgia that I have felt even stronger was for my son’s younger days. It does not seem all that long ago that I was teaching him how to ride a bike in our driveway, and now I am teaching him to drive a car on I-95 – they really do grow up fast… 
 
I’ve also had my fair share of trepidation. My son is a careful driver, at least when I have been in the car with him, but what about all those other crazy drivers out there? Also, while he did a good amount of driving with me when he had his learner’s permit, I was always there with him to help provide advice and direction. What would he do when he was driving by himself? How would he react to things happening on the road he had not experienced before?   
 
What I have found is that he has handled it well, and I’m also feeling pretty proud of him. He has gradually increased the variety and length of his driving, from starting out just going to and from school, to now running errands, taking himself to and from sports practices (yeah!), and driving to visit friends. He’s taken the initiative to plan his routes and checks in with us when he gets to where he’s going.  
 
I don’t think I’ll ever not be a little worried – he is my kid after all – but I’ve seen that he has to experience driving on his own so that it becomes more second nature, and I have to trust that he’ll apply what he learned in driver’s education classes and all our joint training drives as he gains additional driving experience on his own. There’s really no substitute for him just finally doing it on his own and continuing to learn and gain experience as he goes.    
 
If you think about it, that same rule applies to many things in our professional lives. While we can and should practice and prepare, there’s really no substitute to taking that next step and doing it. To be good at something, at some point you have to just do it and gain the experience. Even if things don’t always go perfectly, you learn from it and do it better the next time. That’s an important thing to keep in mind not just for those early in their career seeking out new opportunities and experiences, but also when you’re the one training or supervising less experienced colleagues. In other words: there comes a time when you have to let them drive the car by themselves if you expect them to become good drivers.  
Very Truly Yours,
C. Ryan Maloney
Partner
Theresa C. Pontieri Joins Jimerson Birr
Theresa C. Pontieri, an accomplished attorney and litigator has joined Jimerson Birr as a Senior Associate Attorney, adding further capabilities to the firm's robust Banking and Financial Services, Governmental Affairs, and Construction industry teams.

Prior to joining Jimerson Birr, P.A., Mrs. Pontieri owned and operated her own successful law firm, representing both consumers and businesses in a variety of business-related legal disputes. In addition to the legal knowledge and experience Mrs. Pontieri brings, she is also a business owner in the food and beverage industry, allowing her to advise clients not solely from a legal perspective, but from a business owner’s perspective as well.
Jimerson Birr Ranks Among Top
Litigation Attorneys
Expertise.com has ranked Jimerson Birr among the top litigation attorneys in the region, based on availability, qualifications, reputation, experience, and professionalism. The firm received the highest possible grade, an A+.

Jimerson Birr prides itself on service and achieving the best possible results for clients. The firm's Seven Superior Service Commitments create benchmarks from service values, including quick response time, accountability, and dedication to the communities the firm serves.

The honor adds to a growing list of acknowledgments for the firm, including a Platinum Readers Choice Award from the Florida Community Association Journal, recognition as a Best Law Firm in America by US News, and being honored by Florida Trend Magazine as one of the “Best Companies to Work For in Florida.” 
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
Five Key Commercial Lease Provisions for Commercial Tenants


By: James O. Birr, III, Esq.

A business owner may enter into a commercial lease for purposes of renting space to operate its business activities. Unlike residential leases, a commercial lease should not be a one-size-fits-all lease. Under Florida law, non-residential tenancies (commercial tenancies) are governed by Sections 83.001-82.251 of the Florida Statutes. Business owners, or tenants, may be able to negotiate many of the provisions of their commercial lease with the landlord, and make it more customizable to fit their business objectives. While some of the commercial lease provisions contain typical, boilerplate language, there are some provisions that commercial tenants should carefully review and negotiate in their favor...

Click here to read the full blog post.

Community Associations Industry Legal Blog
Can My Association Fundraise With a 50/50 Raffle?

By: Bryan M. Davis

Is your association breaking the law? 50/50 raffles are fundraisers commonly hosted by community associations. These raffles are often very successful and generate significant engagement as half the proceeds go to the raffle winner. However, if your association is hosting a 50/50 raffle, the association is most likely breaking the law. This blog will provide an overview of the legal pitfalls of the 50/50 raffle and how your association may be able to host one while staying on the right side of the law...

Click here to read the full blog post.

Construction Industry Legal Blog
Recent Changes to Local Construction Contractor’s Licensing

By: Melissa G. Murrin

A new Florida law, effective July 1, 2021, prohibits local governments from requiring a person to obtain a local contractor’s license for certain types of work, including plastering, painting, and flooring. This new law also phases out local governments from issuing certain types of contractor’s licenses until July 1, 2023, and shifts all contractor’s licensing to the Florida Department of Business and Professional Regulation (“DBPR”)...

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Banking & Financial Services Industry Legal Blog
Overview of a Trustee’s Duties Under the Florida Trust Code

By: C. Ryan Maloney

A trustee of a trust in Florida has numerous duties to which they must adhere to in the administration of the trust. A trustee’s failure to do so may constitute a breach of trust and give rise to legal claims by trust beneficiaries. The Florida Trust Code provides an overview of the trustee’s duties in section 736.0801, making clear that “Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code.” Thus, in addition to complying with the duties set out in the trust document itself, the trustee also has to comply with the duties prescribed in the Florida Trust Code...

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Cross-Industry Legal Blog
Is a Former Shareholder That Was Ousted from a Corporation Entitled to Inspect the Corporate Records?

After a shareholder is ousted from a corporation, is the shareholder still entitled to inspect the corporate records? It is undisputed that Florida law only guarantees access to corporate records to present shareholders. Urfirer v. Cornfeld, 408 F.3d 710, 726 (11th Cir. 2005). However, what if the shareholder demands to inspect records before it is ousted from the corporation, while it is still a shareholder?

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Firm News
Curiosities, Ruminations and Various Eccentricities of Firm Biz
May JB FOR ME Highlight Reel
Jacksonville is growing, and our team is growing to match. This month, we welcome a few fresh faces to the Jimerson Birr family, including our new Summer Associates! Summer Associates are an important part of Jimerson Birr, as we feel its our mission to help prepare the next generation of attorneys. These law school students, who will work throughout the Summer, will gain hands-on experience by shadowing our attorneys, working on various projects that will allow them to explore the expansive areas of legal services that our firm offers. We're hoping they will stick around, which is why we made sure to bring them to not only a Jumbo Shrimp game, but a winning Jumbo Shrimp game at that!
We're not ones to let a holiday go by unnoticed, so it was par the course for all of us to gather to celebrate Cinco De Mayo. We enjoyed margaritas, lots of food from Jacksonville's very own Burrito Gallery, and the fantastic company of our colleagues!

Lastly, we took part in a time-honored Jimerson Birr tradition: Twin day! If you stopped by our office on twin day, we hope we didn't frighten you too much—it did look a bit like an episode of the Twilight Zone.
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