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SACHS SAX CAPLAN
ATTORNEYS AT LAW
PALM BEACH COUNTY:
6111 BROKEN SOUND PKWY NW, SUITE 200
BOCA RATON, FLORIDA 33487
TALLAHASSEE:
660 E. JEFFERSON ST., SUITE 102
TALLAHASSEE, FL 32301
(561) 994-4499 (850) 412-0306
ROBERT RIVAS
rrivas@ssclawfirm.com
Board Certified in Appellate Practice
Reply to Tallahassee Office
April 30, 2015
Résumé of ROBERT RIVAS
÷ Certified by the Florida Bar as an expert in appellate practice
÷ Leadership Florida, Class 16
÷ General Counsel, Final Exit Network
÷ Florida Bar President’s Pro Bono Service Award
÷ Independent Florida Alligator Hall of Fame
Employment
Current (since June 1, 2004):
Partner, Sachs Sax Caplan, P.L. (f/k/a Sachs & Sax, f/k/a Sachs, Sax & Klein),
concentrating in appeals, First Amendment law and other civil rights/constitutional
matters, and general civil litigation in state and federal courts
May 1996 to June 1, 2004:
Principal, The Rivas Law Firm, concentrating in First Amendment law, particularly
defamation defense, prepublication counseling, reporter’s privilege, access to
government records and meetings and court proceedings, copyright, civil
rights/constitutional matters, general civil litigation, administrative law and appeals (f/k/a
Rivas & Rivas, Boca Raton, from May 1996 to September 2000)
May 1993 to May 1996:
Associate, Holland & Knight, based in the firm’s West Palm Beach office, serving in the
First Amendment/media law practice group
September 1991 to May 1993:
Associate, Foley & Lardner, based in the firm’s West Palm Beach office, in trial, probate,
appellate and administrative litigation
Résumé of ROBERT RIVAS
April 30, 2015
Page 2
June 1990-September 1991:
Law clerk, Foley & Lardner (full-time in the summers of 1990 and 1991, part-time
during 1990-91 law school year)
Summer 1989:
Law clerk, Fourth District Court of Appeal of Florida, on central staff assigned
exclusively to assist in analysis of petitions for extraordinary writs
December 1985-September 1988:
Deputy metro editor, The Palm Beach Post, West Palm Beach, supervising the city desk
staff which provides daily local news coverage
January 1985-December 1985:
Student, University of Costa Rica, as a fellow of the Inter-American Press Association;
freelance writer for The Wall Street Journal, The Miami Herald and many other news
media
May 1983-January 1985:
Foreign editor, Caribbean Business, reporting, writing and editing from the U.S. and
Caribbean countries on regional trade issues and organizing, managing and editing a
network of correspondents
October 1982-May 1983:
Peace Corps volunteer, assigned to the Ministries of Agriculture and Tourism,
Government of Barbados, Bridgetown; also two months of studies in Sligoville, Jamaica,
on the history, culture and problems of the Caribbean
August 1979-October 1982:
Staff writer, The Miami Herald, two years based in Key West, one in West Palm Beach,
investigative reporting and covering courts, local government and general assignment
September 1975-August 1979:
While an undergraduate student at the University of Florida, served at all times on The
Independent Florida Alligator as staff writer, news editor, special projects reporter,
managing editor, and on non-profit corporation's Board of Directors; summer quarter,
1977, while a sophomore, served as a news reporting intern at The Orlando Sentinel; fall
Résumé of ROBERT RIVAS
April 30, 2015
Page 3
quarter, 1977, news reporting intern at The Miami Herald; spring quarter, 1979, Capitol
Bureau intern, The Tallahassee Democrat, covering the Florida Legislature
Education: J.D., Nova University, June 1991, summa cum laude, 5th in a class of 213,
law review; B.A., University of Florida, August 1979, major in journalism, minor in
economics; two-time national runoff finalist (1978 and ’79), William Randolph Hearst
Foundation Annual Journalism Awards Competition for college student journalists
Other specialized courses: 1993 NAA-NAB-LDRC Libel Conference (Newspaper
Association of America, National Association of Broadcasters, Libel Defense Resource
Center), “After Masson, Milkovich and Connaughton: Trials in the Trenches of Truth,”
Oct. 6-8, 1993, Tyson’s Corner, Va.; 1995 NAA-NAB-LDRC Libel Conference,
McLean, Va., Sept. 20-22, 1995, “New Media, New Torts, New Threats: Libel Defense in
the Next Century”; American Bar Association, Forum on Communications Law, Annual
Conference, 1996, “The Pentagon Papers: 25 Years After,” January 9-10, 1996, Boca
Raton, Fla.; Practicing Law Institute, “Libel & Newsgathering Litigation: Getting &
Reporting the News,” June 18-19, 1996, New York, N.Y.; Practising Law Institute,
Communications Law 1997, Nov. 13-14, 1997, New York, N.Y.; Fourth Annual ABA
Forum on Communications Law Seminar, “Plaintiff’s Libel Lawyers Speak: The Secrets
of Their Success,” Feb. 12, 1999, Boca Raton, Fla.; 1999 NAA-NAB-LDRC Libel
Conference, “Back to First Principles,” Arlington, Va., Sept. 22-24, 1999; University of
Kansas, “Media and the Law Seminar,” May 4, 2000, Kansas City, Mo.; ABA Forum on
Communications Law, Sixth Annual Conference, Feb. 15-17, 2001, Boca Raton, Fla.;
ABA Forum on Communications Law, Seventh Annual Conference, Feb. 14-16, 2002,
Boca Raton, Fla.; NAA-NAB-LDRC Libel Conference, Alexandria, Va., Sept. 25-27,
2002, “Searching For the First Amendment”; ABA Forum on Communications Law,
Ninth Annual Conference, Jan. 22-24, 2004, Boca Raton, Fla.; NAA-NAB-LDRC Libel
Conference (by this time the name of the LDRC had been changed to “Media Law
Resource Center,” or MLRC), Alexandria, Va., Sept. 29-Oct. 1, 2004, “Forty Years After
New York Times v. Sullivan: Problems, Possibilities, and Answers”; NAA-NAB-MLRC
Libel Conference, Alexandria, Va., Sept. 27-29, 2006, “Protecting the First Amendment
in Challenging Times”; Practising Law Institute, Communications Law 2007, Nov. 7-10,
2007, New York, N.Y.
Awards & Recognition: Inducted October 1998, Independent Florida Alligator Hall
of Fame; Florida Bar President’s Pro Bono Service Award for the Fifteenth Circuit (Palm
Beach County), 1998; Leadership Florida, Class XVI, 1997-98; Overseas Press Club of
Puerto Rico 1984 winner of the annual In-Depth Reporting Award for a series of articles
on the reasons for exorbitant maritime shipping rates to and from Puerto Rico, the failure
of U.S. federal regulation to prevent anticompetitive collusion between the steamship
lines, and their effects on the island's economy; valedictorian of the Fourth Appellate
Résumé of ROBERT RIVAS
April 30, 2015
Page 4
District on summer 1991 Florida Bar entrance examination
Publications: Rivas, ACCESS TO ‘PRIVATE’ DOCUMENTS UNDER THE PUBLIC
RECORDS ACT, 16 Nova Law Rev. 1229 (1992), subsequently adapted as, WHEN IS A
‘PRIVATE’ DOCUMENT A PUBLIC RECORD?, 67 Fla. Bar Journal 52 (Dec.1993);
Rivas, PROBATE OF A LOST WILL IN FLORIDA, 65 Fla. Bar Journal 44 (Oct. 1991);
Rivas, A PROPOSAL TO FIX FLORIDA’S BROKEN SYSTEM OF POST-CONVICTION
RELIEF FROM ILLEGAL SENTENCES, 14 Nova Law Rev. 1147 (1990)
Professional affiliations and bar memberships: Chair, Media and Communications
Law Committee of The Florida Bar, 1998-99, vice chair, 1993-94 and 1995-96; chair,
Twentieth Annual Florida Bar Media Law Conference, West Palm Beach, 1994; member,
American Bar Association and its ABA Forum on Communications law, 1991-present;
Life Fellow, The Florida Bar Foundation; member since 1991, Palm Beach County Bar
Association; member, Board of Directors, American Civil Liberties Union of Florida. Inc.
and ACLU Foundation of Florida, Inc., 1991-1998, elected Secretary for 1997-98, elected
to serve as State Delegate to the National Biennial Conference in 1997; co-chair, Florida
Bar’s Annual Workshop for Reporters on Coverage of the Law and Courts, Oct. 4-6,
2000, Tallahassee, Fla.; appointed to chair Florida Bar Annual Workshop for Reporters
again in November 2003
Admitted to The Florida Bar, 1991; U.S. Court of Appeals for the 11th Circuit, 1991;
U.S. District Courts, Southern and Middle Districts of Florida, 1991; Trial Bar, Southern
District of Florida, 1993; U.S. District Court, Northern District of Florida, 1993; Supreme
Court of the United States, 1997
SELECTED MAJOR REPORTED CASES:
Appel v. Bard, 154 So. 3d 1227 (Fla. 4th DCA 2015), a petition for a writ of certiorari to enforce
a deponent’s Fifth Amendment right not to incriminate himself.
State v. Final Exit Network, Inc., Opinion of the Court of Appeals of Minnesota, Case No. A13-
0563, 2013 WL 541817041, Media L. Rep. 2549 (Minn. App. 2013), review granted (Dec. 17,
2013), review denied and stay vacated (Jun 17, 2014). In this landmark case, the Court of
Appeals of Minnesota declared that a statute prohibiting “advising” and “encouraging” a
“suicide” infringed on the First Amendment rights of Final Exit Network, of which Mr. Rivas is
general counsel, and struck down the statute to that extent. The State of Minnesota granted
review the Court of Appeals’ decision pending its consideration of an unrelated case, State v.
Melchert-Dinkel, 844 N.W.2d 13, 42 Media L. Rep. 1555, 96 A.L.R.6th 755 (Minn. 2014). We
filed an amicus brief in the Melchert-Dinkel cause because of its potential to affect the out come
of our appeal and we believe the final Mechert-Dinkel decision was influenced by our input.
After making the Melchert-Dinkel decision, the Supreme Court of Minnesota then denied further
Résumé of ROBERT RIVAS
April 30, 2015
Page 5
review of the Court of Appeals’ decision in State v. Final Exit Network and dissolved the stay of
proceedings.
Final Exit Network, Inc. v. Georgia, 290 Ga. 508, 722 S.E.2d 722 (2012). In this case, the
Supreme Court of Georgia struck down a state statute that did not prohibit “assisting” in a
“suicide,” but prohibited only the public revelation of any such assistance, declaring the statute
unconstitutional under the First Amendment. Mr. Rivas represented the non-profit corporation
and four of its volunteers. All 15 charges against the five defendants — including racketeering
charges — were dismissed as a result of this ruling. The Georgia Supreme Court held that the
statute was a content-based restriction on freedom of speech, was not narrowly tailored to
promote a compelling state interest, and was therefore facially invalid under the Free Speech
Clause.
Palm Beach County Health Care Dist. v. Professional Medical Educ., Inc., 13 So. 3d 1090 (Fla.
4th DCA 2009), rev. denied, 34 So. 3d 2 (Fla. 2010), U.S. cert. denied, 131 S. Ct. 391 (2010).
Mr. Rivas secured the reversal of a $692,400 judgment entered against Health Care District
based on jury verdict. Held, a public officer is entitled to absolute immunity from defamation
claims for statements made in the course of his public duties; tortious interference claim could
not stand against public agency that was itself a party to the contract allegedly interfered with;
conspiracy claim could not stand in light of failure of claims for defamation and tortious
interference.
Harris v. Aberdeen Prop. Owners Ass'n, Inc., 135 So. 3d 365 (Fla. 4th DCA 2014) (on
rehearing), and Harris v. Aberdeen Golf & Country Club, Inc., 134 So. 3d 1097 (Fla. 4th DCA
2014) (on rehearing). In these companion cases, Mr. Rivas successfully represented the
Aberdeen Golf & Country Club in defense of a “mandatory country club membership” provision
in the deed-restricted community’s declaration of covenants and restrictions. See also Harris v.
Bristol Lakes Homeowners Association, Inc., 126 So. 3d 1075 (Fla. 4th DCA 2012).
McIver v. Krischer, 65 U.S.L.W. 2544, 1997 Westlaw 225878 (Fla. Cir. Ct. Jan. 31, 1997) (No.
CL-96-1504-AF). Mr. Rivas orchestrated this challenge to the constitutionality of Florida’a law
against “aiding or assisting in a suicide.” The plaintiffs, a physician and three of his patients,
sought declaratory and injunctive relief to establish the right of the terminally ill, imminently
dying patients to obtain their physician’s assistance in their deaths. After six-day bench trial,
court held that the state has no interest, in light of the privacy provision of the Florida
constitution, sufficient to prohibit a competent adult, suffering a terminal illness, from obtaining
his physician’s counseling and prescription to cause his own death; and permanently enjoined
the state from prosecuting the doctor for doing so. This was a nationally significant precedent in
the area of physician aid in dying. Reversed, Krischer v. McIver, 697 So. 2d 97 (Fla. 1997)
(holding that the privacy provision of Florida’s constitution does not protect the right of a
competent, terminally ill adult to obtain his physician’s assistance in terminating his suffering,
reversing a trial court decision to enjoin the state from prosecuting the physician for “assisting in
self-murder”).
Résumé of ROBERT RIVAS
April 30, 2015
Page 6
Advantage General Ins. Co., Ltd. v. KILN/QBE Intern., 8 So. 3d 1213 (Fla. 4th DCA 2009). As
counsel for insurance carrier, secured reversal of final judgment dismissing carrier’s action
against Lloyd’s of London. Held, statute prohibiting actions by unauthorized insurers did not
apply to an insurer suing a reinsurance carrier on a reinsurance policy.
Advisory Opinion to the Governor re: Appointment or Election of Judges, 983 So. 2d 526 (Fla.
2008). Represented Ion V. Sancho, Supervisor of Elections of Leon County, and prevailed in
argument that a judge seat should be filled by election rather than appointment.
Fabel v. Masterson, 951 So. 2d 934 (Fla. 4th DCA 2007). Representing appellant, prevailing in
securing reversal of a final summary judgment against the seller in a case involving the buyer’s
breach of a contract to sell a $2.35 million home. See also Fabel v. Masterson, 962 So. 2d 993
(Fla 4th DCA 2007) (separately reversing award of attorneys’ fees made to the other side in
same case).
Florida Youth Conservation Corps, Inc. v. Stutler, 2006 WL 1835967, 2006 Lexis 44732 (N.D.
Fla. June 30, 2006) (Hinkle, J.) (preliminary injunction, later converted to permanent injunction).
Counsel for plaintiff, successfully suing Secretary of Transportation for a declaratory judgment
and injunction to prohibit him from giving effect to a law passed by the Florida Legislature in
violation of the Bill of Attainder clause of Article 1, Section 10 of the Constitution and the Equal
Protection Clause of Section 1 of the Fourteenth Amendment.
Development Corp. of Palm Beach v. WBC Construction, Inc., 925 So. 2d 1156 (Fla. 4th DCA
2006). Complex personal jurisdiction case.
Mayersdorf v. Paramount Boynton, L.L.C., 910 So. 2d 887 (Fla. 4th DCA 2005). A case of first
impression on interpretation of Interstate Land Sales Full Disclosure Act.
Timoney v. City of Miami Civilian Investigative Panel, 917 So. 2d 885 (Fla. 3d DCA 2005).
Counsel for ACLU as amicus curiae in case on access to public records.
McAllister v. Breakers Seville Ass'n, Inc., 891 So. 2d 1155 (Fla. 4th DCA 2005). Counsel for
prevailing party, securing reversal of final judgment based on trial court’s denial of due process
in civil trial.
Acquadro v. Bergeron, 778 So. 2d 1034 (Fla. 4th DCA 2001), rev. granted, 797 So. 2d 584,
affirmed, 851 So. 2d 665 (Fla. 2003). This case is an important precedent (we prevailed in all
courts) in a long line of cases on whether a court may exercise personal jurisdiction over a
defendant based on telephone communications the defendant made into the state during which a
tort was committed.
United Teachers of Dade v. Stierheim, 213 F. Supp. 2d 1368 (S.D. Fla. 2002) (Ungaro-Benages,
J.). Counsel for prevailing plaintiffs in action for declaratory and injunctive relief to void new
policy banning UTD Today’s reporter from using press facilities in covering the Miami-Dade
Résumé of ROBERT RIVAS
April 30, 2015
Page 7
County School Board. Held, the School Board engaged in First Amendment-prohibited content
discrimination by prohibiting “reporters for union publications” from using press room.
Memorial Hospital-West Volusia, Inc. v. News Journal Corp., 784 So. 2d 438 (Fla. 2001).
Counsel for amici, First Amendment Foundation, Florida Society of Newspaper Editors, Florida
TODAY, The Palm Beach Post, the Pensacola News Journal, The St. Petersburg Times, and The
Sun-Sentinel, in landmark case on the application of the Government in the Sunshine Laws.
Metlis v. Rhodes, 28 Media Law Rptr. 1990 (Fla. 15th Cir. April 7, 2000) (order granting
directed verdict for defendants, and final judgment for defendants). Counsel for prevailing
defendants at trial of defamation action against radio station and talk show host. See also Metlis
v. Rhodes, 26 Media Law Rptr. 1697, 5 Fla. Law Weekly Supp. 402 (Fla. 15th Cir. Feb. 24,
1998) (same case, pretrial order granting partial summary judgment that plaintiff was a “limited
purpose public figure,” and thus subject to the actual malice standard of New York Times Co. v.
Sullivan); Metlis v. Rhodes, 30 Media L. Rep. 1859, 2002 Westlaw 31323829 (Fla. Cir. Ct.
February 13, 2002) (order awarding $36,788.52 in court costs to defendants).
WFTV, Inc., d/b/a Palm Beach Newspapers, Inc. v. Florida Municipal Power Agency, 7 Fla. Law
Weekly Supp. 187 (Fla. 2d Cir. Ct. Nov. 23, 1999). Counsel for The Palm Beach Post in action
successfully seeking access to public records wrongfully withheld by government agency in
violation of the Florida Public Records Act.
State v. Lehyan, 6 Fla. Law Weekly Supp. 356 (Fla. Palm Beach County Court March 19, 1999).
Counsel for movant WPEC-TV Channel 12, West Palm Beach, successfully quashing subpoena
of television news reporter and photographer who witnessed traffic accident investigation.
Integrated Medical Services of the Florida Keys, Inc. v. Lower Florida Keys Health System, Inc.,
6 Fla. Law Weekly Supp. 279 (Fla. 16th Cir. March 3, 1999) (order granting final summary
judgment, declaratory and injunctive relief to the plaintiff). Co-counsel for plaintiff in suit to
enjoin not-for-profit corporation, set up to act on behalf of local hospital taxing district, from
conducting closed board meetings and keeping records confidential.
Halifax Hospital Medical Center v. News-Journal Corp., 701 So. 2d 434 (Fla. 5th DCA 1997),
affirmed, 724 So. 2d 567 (Fla. 1999). Counsel for amici, The First Amendment Foundation,
Florida Society of Newspaper Editors, Florida Today, The Orlando Sentinel, The Palm Beach
Post, and The Sun-Sentinel. Successfully argued that a legislative exemption from the
Government in the Sunshine Law and Public Records Act was enacted in violation of Art. 1,
Section 24 of the Florida Constitution.
Strange v. State, 7 Fla. Law Weekly Supp. 27 (Fla. 17th Cir. Ct. Sept. 8, 1999). Counsel for
defendant in trial court, appellant here. TV news reporter charged with misdemeanors at scene of
airplane crash; acquitted of one count, convicted of second, in trial court; on appeal, lone
conviction vacated.
Résumé of ROBERT RIVAS
April 30, 2015
Page 8
Kidwell v. Florida, 696 So. 2d 399, 25 Media L. Rptr. 1929 (Fla. 4th DCA 1997) (counsel for
amicus, Reporters Committee for Freedom of the Press) (holding that the issue of whether
newspaper reporter’s interview with murder defendant was privileged under First Amendment
was not mooted when defendant was convicted without journalist’s testimony).
Gold Coast Publications, Inc. v. Florida, 669 So. 2d 316 (Fla. 4th DCA 1996) (counsel for
amici, Florida Press Ass’n, Florida Society of Newspaper Editors and Reporters Committee for
Freedom of the Press) (affirming trial court’s decision to deny motion to quash subpoena of
reporter, holding that reporter’s privilege did not protect reporter from being compelled to testify
about information obtained from a nonconfidential source).
Borges v. City of West Palm Beach, 858 F. Supp. 174 (S. D. Fla. 1993) (1993 WL 723406)
(counsel for defendants Mayor, City and West Palm Beach police officer in suit alleging that the
defendants violated the plaintiff's due process rights by publishing his name and the fact that he
had been arrested and charged with a crime); see also Borges v. City of West Palm Beach, 2 Fla.
L. Weekly Supp. 117 (Palm Beach Circuit Court January 26, 1994).

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  • 1. SACHS SAX CAPLAN ATTORNEYS AT LAW PALM BEACH COUNTY: 6111 BROKEN SOUND PKWY NW, SUITE 200 BOCA RATON, FLORIDA 33487 TALLAHASSEE: 660 E. JEFFERSON ST., SUITE 102 TALLAHASSEE, FL 32301 (561) 994-4499 (850) 412-0306 ROBERT RIVAS rrivas@ssclawfirm.com Board Certified in Appellate Practice Reply to Tallahassee Office April 30, 2015 Résumé of ROBERT RIVAS ÷ Certified by the Florida Bar as an expert in appellate practice ÷ Leadership Florida, Class 16 ÷ General Counsel, Final Exit Network ÷ Florida Bar President’s Pro Bono Service Award ÷ Independent Florida Alligator Hall of Fame Employment Current (since June 1, 2004): Partner, Sachs Sax Caplan, P.L. (f/k/a Sachs & Sax, f/k/a Sachs, Sax & Klein), concentrating in appeals, First Amendment law and other civil rights/constitutional matters, and general civil litigation in state and federal courts May 1996 to June 1, 2004: Principal, The Rivas Law Firm, concentrating in First Amendment law, particularly defamation defense, prepublication counseling, reporter’s privilege, access to government records and meetings and court proceedings, copyright, civil rights/constitutional matters, general civil litigation, administrative law and appeals (f/k/a Rivas & Rivas, Boca Raton, from May 1996 to September 2000) May 1993 to May 1996: Associate, Holland & Knight, based in the firm’s West Palm Beach office, serving in the First Amendment/media law practice group September 1991 to May 1993: Associate, Foley & Lardner, based in the firm’s West Palm Beach office, in trial, probate, appellate and administrative litigation
  • 2. Résumé of ROBERT RIVAS April 30, 2015 Page 2 June 1990-September 1991: Law clerk, Foley & Lardner (full-time in the summers of 1990 and 1991, part-time during 1990-91 law school year) Summer 1989: Law clerk, Fourth District Court of Appeal of Florida, on central staff assigned exclusively to assist in analysis of petitions for extraordinary writs December 1985-September 1988: Deputy metro editor, The Palm Beach Post, West Palm Beach, supervising the city desk staff which provides daily local news coverage January 1985-December 1985: Student, University of Costa Rica, as a fellow of the Inter-American Press Association; freelance writer for The Wall Street Journal, The Miami Herald and many other news media May 1983-January 1985: Foreign editor, Caribbean Business, reporting, writing and editing from the U.S. and Caribbean countries on regional trade issues and organizing, managing and editing a network of correspondents October 1982-May 1983: Peace Corps volunteer, assigned to the Ministries of Agriculture and Tourism, Government of Barbados, Bridgetown; also two months of studies in Sligoville, Jamaica, on the history, culture and problems of the Caribbean August 1979-October 1982: Staff writer, The Miami Herald, two years based in Key West, one in West Palm Beach, investigative reporting and covering courts, local government and general assignment September 1975-August 1979: While an undergraduate student at the University of Florida, served at all times on The Independent Florida Alligator as staff writer, news editor, special projects reporter, managing editor, and on non-profit corporation's Board of Directors; summer quarter, 1977, while a sophomore, served as a news reporting intern at The Orlando Sentinel; fall
  • 3. Résumé of ROBERT RIVAS April 30, 2015 Page 3 quarter, 1977, news reporting intern at The Miami Herald; spring quarter, 1979, Capitol Bureau intern, The Tallahassee Democrat, covering the Florida Legislature Education: J.D., Nova University, June 1991, summa cum laude, 5th in a class of 213, law review; B.A., University of Florida, August 1979, major in journalism, minor in economics; two-time national runoff finalist (1978 and ’79), William Randolph Hearst Foundation Annual Journalism Awards Competition for college student journalists Other specialized courses: 1993 NAA-NAB-LDRC Libel Conference (Newspaper Association of America, National Association of Broadcasters, Libel Defense Resource Center), “After Masson, Milkovich and Connaughton: Trials in the Trenches of Truth,” Oct. 6-8, 1993, Tyson’s Corner, Va.; 1995 NAA-NAB-LDRC Libel Conference, McLean, Va., Sept. 20-22, 1995, “New Media, New Torts, New Threats: Libel Defense in the Next Century”; American Bar Association, Forum on Communications Law, Annual Conference, 1996, “The Pentagon Papers: 25 Years After,” January 9-10, 1996, Boca Raton, Fla.; Practicing Law Institute, “Libel & Newsgathering Litigation: Getting & Reporting the News,” June 18-19, 1996, New York, N.Y.; Practising Law Institute, Communications Law 1997, Nov. 13-14, 1997, New York, N.Y.; Fourth Annual ABA Forum on Communications Law Seminar, “Plaintiff’s Libel Lawyers Speak: The Secrets of Their Success,” Feb. 12, 1999, Boca Raton, Fla.; 1999 NAA-NAB-LDRC Libel Conference, “Back to First Principles,” Arlington, Va., Sept. 22-24, 1999; University of Kansas, “Media and the Law Seminar,” May 4, 2000, Kansas City, Mo.; ABA Forum on Communications Law, Sixth Annual Conference, Feb. 15-17, 2001, Boca Raton, Fla.; ABA Forum on Communications Law, Seventh Annual Conference, Feb. 14-16, 2002, Boca Raton, Fla.; NAA-NAB-LDRC Libel Conference, Alexandria, Va., Sept. 25-27, 2002, “Searching For the First Amendment”; ABA Forum on Communications Law, Ninth Annual Conference, Jan. 22-24, 2004, Boca Raton, Fla.; NAA-NAB-LDRC Libel Conference (by this time the name of the LDRC had been changed to “Media Law Resource Center,” or MLRC), Alexandria, Va., Sept. 29-Oct. 1, 2004, “Forty Years After New York Times v. Sullivan: Problems, Possibilities, and Answers”; NAA-NAB-MLRC Libel Conference, Alexandria, Va., Sept. 27-29, 2006, “Protecting the First Amendment in Challenging Times”; Practising Law Institute, Communications Law 2007, Nov. 7-10, 2007, New York, N.Y. Awards & Recognition: Inducted October 1998, Independent Florida Alligator Hall of Fame; Florida Bar President’s Pro Bono Service Award for the Fifteenth Circuit (Palm Beach County), 1998; Leadership Florida, Class XVI, 1997-98; Overseas Press Club of Puerto Rico 1984 winner of the annual In-Depth Reporting Award for a series of articles on the reasons for exorbitant maritime shipping rates to and from Puerto Rico, the failure of U.S. federal regulation to prevent anticompetitive collusion between the steamship lines, and their effects on the island's economy; valedictorian of the Fourth Appellate
  • 4. Résumé of ROBERT RIVAS April 30, 2015 Page 4 District on summer 1991 Florida Bar entrance examination Publications: Rivas, ACCESS TO ‘PRIVATE’ DOCUMENTS UNDER THE PUBLIC RECORDS ACT, 16 Nova Law Rev. 1229 (1992), subsequently adapted as, WHEN IS A ‘PRIVATE’ DOCUMENT A PUBLIC RECORD?, 67 Fla. Bar Journal 52 (Dec.1993); Rivas, PROBATE OF A LOST WILL IN FLORIDA, 65 Fla. Bar Journal 44 (Oct. 1991); Rivas, A PROPOSAL TO FIX FLORIDA’S BROKEN SYSTEM OF POST-CONVICTION RELIEF FROM ILLEGAL SENTENCES, 14 Nova Law Rev. 1147 (1990) Professional affiliations and bar memberships: Chair, Media and Communications Law Committee of The Florida Bar, 1998-99, vice chair, 1993-94 and 1995-96; chair, Twentieth Annual Florida Bar Media Law Conference, West Palm Beach, 1994; member, American Bar Association and its ABA Forum on Communications law, 1991-present; Life Fellow, The Florida Bar Foundation; member since 1991, Palm Beach County Bar Association; member, Board of Directors, American Civil Liberties Union of Florida. Inc. and ACLU Foundation of Florida, Inc., 1991-1998, elected Secretary for 1997-98, elected to serve as State Delegate to the National Biennial Conference in 1997; co-chair, Florida Bar’s Annual Workshop for Reporters on Coverage of the Law and Courts, Oct. 4-6, 2000, Tallahassee, Fla.; appointed to chair Florida Bar Annual Workshop for Reporters again in November 2003 Admitted to The Florida Bar, 1991; U.S. Court of Appeals for the 11th Circuit, 1991; U.S. District Courts, Southern and Middle Districts of Florida, 1991; Trial Bar, Southern District of Florida, 1993; U.S. District Court, Northern District of Florida, 1993; Supreme Court of the United States, 1997 SELECTED MAJOR REPORTED CASES: Appel v. Bard, 154 So. 3d 1227 (Fla. 4th DCA 2015), a petition for a writ of certiorari to enforce a deponent’s Fifth Amendment right not to incriminate himself. State v. Final Exit Network, Inc., Opinion of the Court of Appeals of Minnesota, Case No. A13- 0563, 2013 WL 541817041, Media L. Rep. 2549 (Minn. App. 2013), review granted (Dec. 17, 2013), review denied and stay vacated (Jun 17, 2014). In this landmark case, the Court of Appeals of Minnesota declared that a statute prohibiting “advising” and “encouraging” a “suicide” infringed on the First Amendment rights of Final Exit Network, of which Mr. Rivas is general counsel, and struck down the statute to that extent. The State of Minnesota granted review the Court of Appeals’ decision pending its consideration of an unrelated case, State v. Melchert-Dinkel, 844 N.W.2d 13, 42 Media L. Rep. 1555, 96 A.L.R.6th 755 (Minn. 2014). We filed an amicus brief in the Melchert-Dinkel cause because of its potential to affect the out come of our appeal and we believe the final Mechert-Dinkel decision was influenced by our input. After making the Melchert-Dinkel decision, the Supreme Court of Minnesota then denied further
  • 5. Résumé of ROBERT RIVAS April 30, 2015 Page 5 review of the Court of Appeals’ decision in State v. Final Exit Network and dissolved the stay of proceedings. Final Exit Network, Inc. v. Georgia, 290 Ga. 508, 722 S.E.2d 722 (2012). In this case, the Supreme Court of Georgia struck down a state statute that did not prohibit “assisting” in a “suicide,” but prohibited only the public revelation of any such assistance, declaring the statute unconstitutional under the First Amendment. Mr. Rivas represented the non-profit corporation and four of its volunteers. All 15 charges against the five defendants — including racketeering charges — were dismissed as a result of this ruling. The Georgia Supreme Court held that the statute was a content-based restriction on freedom of speech, was not narrowly tailored to promote a compelling state interest, and was therefore facially invalid under the Free Speech Clause. Palm Beach County Health Care Dist. v. Professional Medical Educ., Inc., 13 So. 3d 1090 (Fla. 4th DCA 2009), rev. denied, 34 So. 3d 2 (Fla. 2010), U.S. cert. denied, 131 S. Ct. 391 (2010). Mr. Rivas secured the reversal of a $692,400 judgment entered against Health Care District based on jury verdict. Held, a public officer is entitled to absolute immunity from defamation claims for statements made in the course of his public duties; tortious interference claim could not stand against public agency that was itself a party to the contract allegedly interfered with; conspiracy claim could not stand in light of failure of claims for defamation and tortious interference. Harris v. Aberdeen Prop. Owners Ass'n, Inc., 135 So. 3d 365 (Fla. 4th DCA 2014) (on rehearing), and Harris v. Aberdeen Golf & Country Club, Inc., 134 So. 3d 1097 (Fla. 4th DCA 2014) (on rehearing). In these companion cases, Mr. Rivas successfully represented the Aberdeen Golf & Country Club in defense of a “mandatory country club membership” provision in the deed-restricted community’s declaration of covenants and restrictions. See also Harris v. Bristol Lakes Homeowners Association, Inc., 126 So. 3d 1075 (Fla. 4th DCA 2012). McIver v. Krischer, 65 U.S.L.W. 2544, 1997 Westlaw 225878 (Fla. Cir. Ct. Jan. 31, 1997) (No. CL-96-1504-AF). Mr. Rivas orchestrated this challenge to the constitutionality of Florida’a law against “aiding or assisting in a suicide.” The plaintiffs, a physician and three of his patients, sought declaratory and injunctive relief to establish the right of the terminally ill, imminently dying patients to obtain their physician’s assistance in their deaths. After six-day bench trial, court held that the state has no interest, in light of the privacy provision of the Florida constitution, sufficient to prohibit a competent adult, suffering a terminal illness, from obtaining his physician’s counseling and prescription to cause his own death; and permanently enjoined the state from prosecuting the doctor for doing so. This was a nationally significant precedent in the area of physician aid in dying. Reversed, Krischer v. McIver, 697 So. 2d 97 (Fla. 1997) (holding that the privacy provision of Florida’s constitution does not protect the right of a competent, terminally ill adult to obtain his physician’s assistance in terminating his suffering, reversing a trial court decision to enjoin the state from prosecuting the physician for “assisting in self-murder”).
  • 6. Résumé of ROBERT RIVAS April 30, 2015 Page 6 Advantage General Ins. Co., Ltd. v. KILN/QBE Intern., 8 So. 3d 1213 (Fla. 4th DCA 2009). As counsel for insurance carrier, secured reversal of final judgment dismissing carrier’s action against Lloyd’s of London. Held, statute prohibiting actions by unauthorized insurers did not apply to an insurer suing a reinsurance carrier on a reinsurance policy. Advisory Opinion to the Governor re: Appointment or Election of Judges, 983 So. 2d 526 (Fla. 2008). Represented Ion V. Sancho, Supervisor of Elections of Leon County, and prevailed in argument that a judge seat should be filled by election rather than appointment. Fabel v. Masterson, 951 So. 2d 934 (Fla. 4th DCA 2007). Representing appellant, prevailing in securing reversal of a final summary judgment against the seller in a case involving the buyer’s breach of a contract to sell a $2.35 million home. See also Fabel v. Masterson, 962 So. 2d 993 (Fla 4th DCA 2007) (separately reversing award of attorneys’ fees made to the other side in same case). Florida Youth Conservation Corps, Inc. v. Stutler, 2006 WL 1835967, 2006 Lexis 44732 (N.D. Fla. June 30, 2006) (Hinkle, J.) (preliminary injunction, later converted to permanent injunction). Counsel for plaintiff, successfully suing Secretary of Transportation for a declaratory judgment and injunction to prohibit him from giving effect to a law passed by the Florida Legislature in violation of the Bill of Attainder clause of Article 1, Section 10 of the Constitution and the Equal Protection Clause of Section 1 of the Fourteenth Amendment. Development Corp. of Palm Beach v. WBC Construction, Inc., 925 So. 2d 1156 (Fla. 4th DCA 2006). Complex personal jurisdiction case. Mayersdorf v. Paramount Boynton, L.L.C., 910 So. 2d 887 (Fla. 4th DCA 2005). A case of first impression on interpretation of Interstate Land Sales Full Disclosure Act. Timoney v. City of Miami Civilian Investigative Panel, 917 So. 2d 885 (Fla. 3d DCA 2005). Counsel for ACLU as amicus curiae in case on access to public records. McAllister v. Breakers Seville Ass'n, Inc., 891 So. 2d 1155 (Fla. 4th DCA 2005). Counsel for prevailing party, securing reversal of final judgment based on trial court’s denial of due process in civil trial. Acquadro v. Bergeron, 778 So. 2d 1034 (Fla. 4th DCA 2001), rev. granted, 797 So. 2d 584, affirmed, 851 So. 2d 665 (Fla. 2003). This case is an important precedent (we prevailed in all courts) in a long line of cases on whether a court may exercise personal jurisdiction over a defendant based on telephone communications the defendant made into the state during which a tort was committed. United Teachers of Dade v. Stierheim, 213 F. Supp. 2d 1368 (S.D. Fla. 2002) (Ungaro-Benages, J.). Counsel for prevailing plaintiffs in action for declaratory and injunctive relief to void new policy banning UTD Today’s reporter from using press facilities in covering the Miami-Dade
  • 7. Résumé of ROBERT RIVAS April 30, 2015 Page 7 County School Board. Held, the School Board engaged in First Amendment-prohibited content discrimination by prohibiting “reporters for union publications” from using press room. Memorial Hospital-West Volusia, Inc. v. News Journal Corp., 784 So. 2d 438 (Fla. 2001). Counsel for amici, First Amendment Foundation, Florida Society of Newspaper Editors, Florida TODAY, The Palm Beach Post, the Pensacola News Journal, The St. Petersburg Times, and The Sun-Sentinel, in landmark case on the application of the Government in the Sunshine Laws. Metlis v. Rhodes, 28 Media Law Rptr. 1990 (Fla. 15th Cir. April 7, 2000) (order granting directed verdict for defendants, and final judgment for defendants). Counsel for prevailing defendants at trial of defamation action against radio station and talk show host. See also Metlis v. Rhodes, 26 Media Law Rptr. 1697, 5 Fla. Law Weekly Supp. 402 (Fla. 15th Cir. Feb. 24, 1998) (same case, pretrial order granting partial summary judgment that plaintiff was a “limited purpose public figure,” and thus subject to the actual malice standard of New York Times Co. v. Sullivan); Metlis v. Rhodes, 30 Media L. Rep. 1859, 2002 Westlaw 31323829 (Fla. Cir. Ct. February 13, 2002) (order awarding $36,788.52 in court costs to defendants). WFTV, Inc., d/b/a Palm Beach Newspapers, Inc. v. Florida Municipal Power Agency, 7 Fla. Law Weekly Supp. 187 (Fla. 2d Cir. Ct. Nov. 23, 1999). Counsel for The Palm Beach Post in action successfully seeking access to public records wrongfully withheld by government agency in violation of the Florida Public Records Act. State v. Lehyan, 6 Fla. Law Weekly Supp. 356 (Fla. Palm Beach County Court March 19, 1999). Counsel for movant WPEC-TV Channel 12, West Palm Beach, successfully quashing subpoena of television news reporter and photographer who witnessed traffic accident investigation. Integrated Medical Services of the Florida Keys, Inc. v. Lower Florida Keys Health System, Inc., 6 Fla. Law Weekly Supp. 279 (Fla. 16th Cir. March 3, 1999) (order granting final summary judgment, declaratory and injunctive relief to the plaintiff). Co-counsel for plaintiff in suit to enjoin not-for-profit corporation, set up to act on behalf of local hospital taxing district, from conducting closed board meetings and keeping records confidential. Halifax Hospital Medical Center v. News-Journal Corp., 701 So. 2d 434 (Fla. 5th DCA 1997), affirmed, 724 So. 2d 567 (Fla. 1999). Counsel for amici, The First Amendment Foundation, Florida Society of Newspaper Editors, Florida Today, The Orlando Sentinel, The Palm Beach Post, and The Sun-Sentinel. Successfully argued that a legislative exemption from the Government in the Sunshine Law and Public Records Act was enacted in violation of Art. 1, Section 24 of the Florida Constitution. Strange v. State, 7 Fla. Law Weekly Supp. 27 (Fla. 17th Cir. Ct. Sept. 8, 1999). Counsel for defendant in trial court, appellant here. TV news reporter charged with misdemeanors at scene of airplane crash; acquitted of one count, convicted of second, in trial court; on appeal, lone conviction vacated.
  • 8. Résumé of ROBERT RIVAS April 30, 2015 Page 8 Kidwell v. Florida, 696 So. 2d 399, 25 Media L. Rptr. 1929 (Fla. 4th DCA 1997) (counsel for amicus, Reporters Committee for Freedom of the Press) (holding that the issue of whether newspaper reporter’s interview with murder defendant was privileged under First Amendment was not mooted when defendant was convicted without journalist’s testimony). Gold Coast Publications, Inc. v. Florida, 669 So. 2d 316 (Fla. 4th DCA 1996) (counsel for amici, Florida Press Ass’n, Florida Society of Newspaper Editors and Reporters Committee for Freedom of the Press) (affirming trial court’s decision to deny motion to quash subpoena of reporter, holding that reporter’s privilege did not protect reporter from being compelled to testify about information obtained from a nonconfidential source). Borges v. City of West Palm Beach, 858 F. Supp. 174 (S. D. Fla. 1993) (1993 WL 723406) (counsel for defendants Mayor, City and West Palm Beach police officer in suit alleging that the defendants violated the plaintiff's due process rights by publishing his name and the fact that he had been arrested and charged with a crime); see also Borges v. City of West Palm Beach, 2 Fla. L. Weekly Supp. 117 (Palm Beach Circuit Court January 26, 1994).