• Partner's Perspective: Strategic Planning Tips for Peak Performance: Nobody Who Ever Gave Their Best Ever Regretted It
  • Jimerson Birr Hosted Panel Discussion on Protecting Your Business from a Ransomware Attack
  • Join JB and BOMA in Support of Wounded Warriors
  • Vote Today: Jimerson Birr Nominated for Reader's Choice Award
  • Blog Highlights
  • Curiosities, Ruminations and Various Eccentricities of Firm Biz

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PARTNER'S PERSPECTIVE
Charles B. Jimerson - 2022 Strategic Planning Tips For Peak Performance: Nobody Who Ever Gave Their Best Ever Regretted It
Effective leaders understand that they can control only a few things in life or business, with attitude and effort being distinguished, top of mind examples. When you approach problem solving with an attitude choice that commits to giving your best effort, you are always able to await the results in peace. A fundamental truth of life and business is that when you do the best you can, with what you can, while you can, success is inevitable. Therefore, as your business prepares its annual strategic planning process, attitude and effort should be focal points. Does your personnel have a contagiously positive and productive, “do whatever it takes mentality?” Does your business truly put its best efforts into achieving its goals? The answer to those two questions must be yes. Positive thinking must combine with positive action in order to achieve success.

Peak Performance Starts With Attitude

Any high-performing business executive would do well if they committed to consciously managing their attitude and the attitude of those around them. It all starts with attitude, since that’s the variable that can affect your preparation and effort level the most. Some days we are more highly motivated, engaged or encouraged than others. For me, it is critical to capture those days when I’m at my peak, with optimal energy and focus so that I can push myself to my highest capacity. I need people around me who can do the same—that is, push themselves as often as they can and as much as they can. Good companies are comprised of teams that are built around people who empower each other to become better. Personalities, traits, attitudes, and habits do rub off naturally.

One critical piece of strategic planning for staffing is team building by attitude diagnosis. Successful teams are built around the inspired, the excited and the grateful. Great executives surround themselves with people who “get it.” People that reflect who you want to be and how you want to feel, with energies that are contagious. People that are bought in and who chose you as much as you chose them. As an executive, you have to know that those people closest to you will either inspire you or drain you, so pick them wisely. The high school adage of “show me your friends and I’ll show you your future” applies well into our 30’s, 40’s, 50’s, 60’s and 70’s.

A leader leads by example, not by force. It took me a long time to realize that on a basic level, we are all human magnets. If we think about positive things and outcomes, success will follow. We become what we think about. So in 2022, if you want to be a good leader, you must exercise your positive thoughts. Think positive thoughts until positive thoughts become a positive attitude habit. Positive attitudes help you achieve goals and maintain success, often increasing your happiness, energy, inner peace, and strength. Not only does a positive, motivated attitude have the ability to inspire and drive you, but it can also inspire and motivate those around you.

Change happens from the inside and reflects outwardly. Positive thinking doesn’t mean that one has to keep their head in the sand, ignoring the unpleasantries that life often conjures up. It simply means that we find a way to approach these deleterious events in a healthy, positive, and more productive manner. Simply put, we hope for the best—we don’t automatically expect the worst. We are in control of who we are, what we have, what we do, how we think and to a degree ultimately, how we feel. Although you can’t always control what happens to you in this life, what you can control is your reaction to whatever obstacle or challenge you may be faced with.

The right attitude also requires a commitment to doing whatever it takes to get the job done. 2022 is as good a time as any to making this commitment to yourself. Once those around you have supplied this commitment, your team will then be determined to reach your goal. Let me spare you multiple days in a cold conference room and potentially thousands of dollars of consultant influence by prescribing your “to do” list: 1. Whatever; 2. It; 3. Takes. Attitude, hard work, resolve and beast mode. If you get enough people to understand that, they’ll soon see that their constant dedication will bring constant prosperity.

Your beliefs brought you to where you are today. The way you think about and respond to challenges from this point on will determine your path forward. For executives tasked with strategic planning for 2022, make sure you are relying on personnel who are able to choose their attitude toward their circumstances, in order to guide their reactions and responses.

Peak Performance Requires You To Do Your Best

Your choices and efforts, be they small or grand, mold and define who you are. Poor choices and minimal effort will result in the poorest version of you. Mediocre choices combined with doing just-enough-to-get-by will create a mediocre you. To be the best version of yourself, to reach your greater potential, two things have to happen: a) make the very best attitude choices possible; and b) pursue your objectives with relentless effort—your best effort. Sometimes you will fall short of being the best, but you should never fall short of giving it your best. Living this way of life allows you to sleep peacefully at night. Be fair in your efforts, to yourself and others. Why would you want to do something and not try your best?

If you don’t sacrifice for what you want, what you want becomes the sacrifice. Most businesses and business executives find it easier to “coast.” They show up and do just enough to avoid criticism or correction. I call it “Corporate CYA” by doing as much as necessary and as little as possible. Justifying your existence, but not making an impact. But, through experience, I’ve learned coasting is a recipe for regret and underachievement. Coasting is cumulative. It causes a performance drift that allows the competition to outrun you. The difference between those who exert their effort and will each day and those who do not shows up quickly. A “coaster” misses the promotion or misses the market opportunity. They find themselves unprepared when important opportunities are presented. A “coaster” asks himself/herself, “what if” as time goes by, with regret and blame projection becoming professional themes. Wouldn’t it be easier to simply put your best efforts in to your goals? Why do anything at all if you aren’t going to do your best?

In 2022, business leaders and their teams need to commit to each initiative, each project, each day as an opportunity to do their best and gain an advantage over the coasters or the ones who just wish for success. It takes very little to flip the switch in your head that says, I will try hard. I will concentrate. I will stretch. My purpose is to get better. Character will get you out of bed, commitment will move you into action and discipline will enable you to follow through with your best efforts on a consistent basis. The best time is now. Everything prior to this is last year’s language. Next year’s words await another voice. Forget all the reasons why “it won’t work” and commit to all the reasons on why it will. If success is important to you, you will find a way. If not, you’ll find an excuse.

Regret is a hard thing to live with. To think, I “would have, should have, could have” is an impotent feeling that weighs heavy as life passes. Do not expect front row seats if you or your team are giving nosebleed effort. If you’re coasting, change your course. You won’t regret it.

Best of luck to you all as you prepare for a new year and all that it brings. May it be a time to say goodbye and a time to say hello. 
Cheers,
Charles B. Jimerson
Managing Partner

Jimerson Birr Hosts Panel on Protecting Your Business From a Ransomware Attack
On Thursday, October 7, 2021 from 11:30 AM-1:00 PM, two of our attorneys were joined by cybersecurity industry leaders to present Protecting Your Business From a Ransomware Attack. Whether you're a part of a small or large company in either the public or private sector, this presentation offers valuable insights and guidance for being prepared for a cybersecurity threat.

With ransomware attacks and cybersecurity threats on the rise, it is critical for businesses to be prepared by understanding both current and forecasted trends and learning key strategies for mitigating risks.

Managing partner Charles B. Jimerson served as the moderator, and was joined by Jimerson Birr special counsel Lynne C. Rhode, Doug Lowenthal (TruTechnology), Vicky Zelen (Zelen Risk Solutions), Toni Chrabot (Retired FBI, Risk Confidence Group), and Adam Johnson (Bureau of Criminal Investigations and Intelligence).


Join Jimerson Birr and BOMA in Support of Wounded Warriors
Carry Forward 5K - Saturday, Nov. 6, 2021
Jimerson Birr is proud to partner with the Building Owners and Management Association (BOMA) Northeast Florida Chapter to support the critical services that the Wounded Warrior’s Project provides to the bravest among us. Our squad/team name is "Proud Patriots - BOMA Jax & Jimerson Birr," and there's still time to join our team. Registration is $35 per adult which will count toward your voluntary fundraising goal. Children ages 6-17 are only $15 and children 5 and under are free. Active military/veterans receive $5 off with promo code HONOR2021.

Every day, 50 service members sign up to receive the critical services and support offered by WWP, and the pandemic has increased the need. As a community-focused business partner and certified Veteran-Owned Business Entity, Jimerson Birr takes a great interest in giving back and providing support to those who need it most. Fundraising is not required, but this event makes fundraising easy if you use Facebook or social media. Plus, if you join our team by registering online, then use the instructions provided to active an easy Facebook fundraiser on your social media by this Sunday, November 1, CSX will donate $25 to your fundraising goal. Between that and your registration fee, that's already $60 dollars. Anyone who fundraises $100 or more will receive a Carry Forward t-shirt.

Register to walk or run with the BOMA Jax & Jimerson Birr team by clicking the button below.
Cast Your Vote: Jimerson Birr Nominated for a Reader's Choice Award from Florida Community Association Journal
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.
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:
Construction Industry Legal Blog
What are the Types of Damages a Property Owner Can Recover for Construction Defects?


When a property owner experiences construction defects in their property, one of the important considerations as to whether or not to pursue a construction defect lawsuit is what types of damages may be available to remedy the defects. This is an important consideration, as without a complete understanding of all the available types of damages, property owners may not be setting themselves up to obtain all of the recovery to which they may be entitled...

Click here to read the full blog post.

Real Estate Development, Sales & Leasing Industry Legal Blog
Are Confidentiality Agreements or Other Restrictive Covenants Enforceable in Florida Real Estate Transactions?


When a party alleges a breach of contract, arising from the violation of a restrictive covenant, Florida courts look to section 542.335 of the Florida Statutes to determine its enforceability. The party seeking to enforce the restrictive covenant bears the burden of proof and must “establish by a preponderance of the evidence each element of his cause of action.” Sharp v. Long, 283 So.2d 567, 568 (Fla. 4th DCA 1973). When pursuing a claim for a breach of contract, the plaintiff must establish three elements: “(1) a valid contract; (2) a material breach; and (3) damages.” Friedman v. New York Life Ins. Co., 985 So.2d 56, 58 (Fla. 4th DCA 2008)...

Click here to read the full blog post.

Hospitality Industry Legal Blog
Considerations When Closing a Small Business with PPP or EIDL Debt


Small businesses have relied on government assistance, including Paycheck Protection Program (“PPP”) loans and Economic Injury Disaster Loans (“EIDL”) to survive the COVID-19 pandemic’s economic fallout; however, even with such help, many small businesses are facing the prospect of closing their doors with outstanding government loans and other obligations. This blog points out certain considerations that small business owners and their advisors should be cognizant of when shuttering businesses with open PPP loans, including reputational impact and risk to federally held assets...

Click here to read the full blog post.

Professional Services Industry Legal Blog
Basic Fiduciary Duties Owed in Florida Professional Service Provider Companies

Professional service providers in the state of Florida find themselves in precarious legal situations often given the nature of their work. Because these companies are providing advice, consulting, or other services based an employee’s individual qualifications or relationships, there is always an opportunity for the individual to act in his or her own best interest rather than in the interests of the professional service provider company or the client...

Click here to read the full blog post.

Firm News
Curiosities, Ruminations and Various Eccentricities of Firm Biz
Stewart J. Subjinski, Esq. Admitted to The Florida Bar

Jimerson Birr is extremely proud to announce that Stewart J. Subjinski was recently sworn in as a member of The Florida Bar. A Washington University Law School graduate, Stewart joined the firm as a summer associate in 2020 and remained as a law clerk through his final year of law school, which he completed remotely. We are pleased to congratulate him for his accomplishments and celebrate him becoming an Associate.

“Earning my stripes during the apprenticeship period made me more comfortable than my similarly situated peers when it comes to handling the complex cases that come across my desk,” said Stewart. “I could not have asked for a better place to learn, work, and develop as a young attorney.”

Jimerson Birr prides itself on being a place where people grow, and encourages students entering the legal profession to contact their respective university career centers to inquire about joining our firm.

October JB FOR ME Highlight Reel
As we inch closer to the start of the holiday season, we take time to reflect on the things that have made this year special­­: meeting great new clients we now consider great friends, expanding our office to accommodate our growing team, and, of course, the impending conclusion of a highly competitive—and friendly—Firm Cup competition.

On October 21 the firm celebrated Oktoberfest with a spirited Beer Pong tournament, where Austin Hamilton and Max Salain took first place, beating out Austin Calhoun and Lynne Rhode/Joseph Luna in second place. The Firm Cup is heating up even though the weather is cooling down: the lead right now is separated by just three points.
The Oktoberfest Beer Pong Tournament
Talent Acquisition helped us kick off the weekend with the first of many Keeping You Happy Hours, where Team JB was able to mix and mingle over freshly made margaritas in the firm's Honky Tonk.

Lastly, it wouldn’t be October at Jimerson Birr without the annual Pumpkin Bowling competition, a game that challenges both the laws of physics and the team. Austin Hamilton came out on top, with three strikes in a row. Joby took second place and Charlie third.
Our talent acquisition manager makes a mean margarita.
Austin Calhoun had the honor of bowling first in the Pumpkin Bowling tournament. He currently is first in the overall Firm Cup Competition.
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