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Shendell & Pollock P.L. deepens its Litigation & Trial Team in Tampa and Is Pleased to Announce the Addition of Kenneth Puig, Esq. as a Partner in the Firm.
Shendell & Pollock P.L. deepens its Litigation & Trial Team in
Tampa and Is Pleased to Announce the Addition of
Kenneth Puig, Esq. as a Partner in the Firm.

Kenneth Puig is a graduate of the University of South Florida, where he received his Bachelor of Arts degree in Political Science in 1990. Mr. Puig earned his Juris Doctorate from the Thomas M. Cooley Law School in 1994. After completing law school, Mr. Puig became an Assistant State Attorney for the Thirteenth Judicial Circuit in Hillsborough County, Florida from 1995-1999, where he prosecuted various misdemeanor, juvenile, and felony crimes, and tried more than 45 jury trials. During his final years at the State Attorney’s Office, Mr. Puig also served as lead trial attorney in the Felony Division A. After leaving the State Attorney’s Office, Mr. Puig joined the law firm of Gunn, Ogden & Sullivan, P.A., and practiced in the areas of general liability and disability insurance defense.
His areas of practice include professional liability defense, including the defense of hospitals, physicians, nurses and other medical professionals, the defense of law firms, real estate professionals, and other professionals, nursing home defense, and complex commercial disputes, general liability defense, including premises liability and auto negligence defense, products liability defense, construction defect litigation, and property liability litigation, and first and third party property litigation. Since 2001, Mr. Puig has focused his practice on the defense of hospitals, nurses, physicians, nursing homes, other long-term care facilities, and professional and general liability defense before becoming a founding shareholder of McCumber, Daniels in 2003. Mr. Puig is licensed to practice law in all trial and appellate courts in the State of Florida, as well as the U.S. District Courts for the Southern and Middle Districts of Florida.
Mr. Puig has obtained numerous summary judgments and dismissals on behalf of his clients, as well as successfully arguing before the Second District Court of Appeals. Mr. Puig is an active member of the Claims XChange and has been a member of the Claims and Litigation Management Alliance (CLM), where he has served as a Co-Chair on its Professional Liability Committee. Mr. Puig has also served as a presenter at the Claims and Litigation Management Alliance annual and professional liability mini conferences. Mr. Puig joined Shendell & Pollock’s legal team in January of 2022.
Shendell & Pollock is excited to announce Dr. Debra Tejada as the new Firm Administrator
Shendell & Pollock is excited to announce Dr. Debra Tejada
as the new Firm Administrator
Debra Tejada has joined the firm as the Firm Administrator. Dr. Tejada has over 33 years of experience in the legal field. Prior to joining Shendell & Pollock, Dr. Tejada was the Office Manger of Cole, Scott & Kassane, PA. where she supervised over 150 employees. Dr. Tejada is a highly accomplished professional that has the experience to manage Shendell & Pollock’s fast paced law firm operations and has the sophistication and management experience to align with our vision, values, and goals. Dr. Tejada is an excellent high energy administrator who has rose to the top level of firm administration.
Dr. Tejada is a Florida Registered Paralegal, is a member Society of Human Resource and Management, a member of the Association for Legal Administrators, the Palm Beach County Chapter, and a member of the International Society for Organizational Development & Change. She is the Founder and President DT Management Consulting, Inc., the Co-Founder and President of Consultants for Humanity and is a Certified Guardian Ad Litem, for the State of Florida.
Dr. Tejada has earned her Doctorate in Management with a focus on Global Leadership from the Colorado Technical University, a Master’s of Science with a focus in Management on Criminal Justice, as well as a Bachelors of Science in Criminal Justice, Summa Cum Laude.
If you have any questions or would like further information as to how we can assist you, please contact Gary R. Shendell at gary@shendellpollock.com
Happy New Year!
We here at Shendell & Pollock, P.L. wish everyone a Happy New Year with the hope that many blessings are in the year to come!

Congratulations to Associate Attorney Anthony Rodriguez on getting Married!
We are happy to announce that one of our Associate Attorneys got married. We are honored to have joined him in this joyous event.


Lawyers Weigh-In on Continuing Remote Proceedings for Routine & Evidentiary Hearings
What are Lawyers saying about Remote Proceedings? Shendell & Pollock, P.L. Attorneys share their thoughts on the virtual process and what they have observed. What are your thoughts? It appears in one form or fashion attendance at routine and non-evidentiary hearings post COVID-19 is likely here to stay for civil cases, but not trials. As reported in the Florida Bar News June 2021 edition, the Florida Bar published a “healthy response” from the COVID-19 Recovery Task Force subcommittee to continue Zoom hearings. In this regard, there is a current proposal before the Supreme Court to change the Rules of Judicial Administration Committee to amend Rule 2.530, which governs activities utilizing “Communications Equipment.”
It is important to note that the proposed changes allow parties to object to the request for a Zoom hearing. In the event of a dispute, the presiding Judge will have the discretion to overrule any such objection. From a practice standpoint, potentially there will be a requirement that all Notices for hearings state whether the parties have stipulated to Remote Proceedings. The proposed changes go so far as to allow even evidentiary hearings if the parties agree. Whether Remote Proceedings may be available for evidentiary hearings will be considered by the Court on a case-by-case basis.
Additionally, one practical result of the routines of Remote Proceedings that have arisen out of COVID19 is that it is highly likely attendance at depositions via Zoom will also continue in large measure. However, we are already seeing where lawyers/parties seek to manipulate Zoom deposition attendance to fit their purpose. For example, lawyers are strategically seeking to protect their clients and perhaps key witnesses from live depositions so that those deponents are not subject to a live and potentially intimidating cross-examination that can only occur during a live deposition. We anticipate that Motion practice in these areas will increase as there will undoubtedly be disputes on how particular depositions are to proceed.
Also, regarding depositions, an observation our firm lawyers have made is that there are many instances where the integrity of the deposition process may be compromised. We have experienced instances where undisclosed individuals are sitting in the room with deponents, perhaps providing notes or writing on boards to coach answers to questions. Our firm is instituting a firm procedure for each remote deposition, where our lawyers ask both the deponent and opposing counsel to confirm no one has coached the witness in any way.
The final approval of the above-discussed changes to the Rules of Judicial Administration will be determined by the Supreme Court, to which we will confirm at that time.
As always, if you would like further information on the above topic, or a presentation on this and other topics, Shendell & Pollock would be pleased to do so for your group. For more about the firm, please visit www.shendellpollock.com
Who Are We?
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Shendell & Pollock, P.L. is a full-service litigation and business law firm providing a comprehensive range of services to a wide variety of clients, including publicly traded companies, privately owned businesses, banks and insurance companies, financial institutions, and private lenders & more.
Senior Partner, Brett Bloch, makes contribution to the feature article, “Insurance Coverage Issues and Current Trends in Cyber Exposures”.
In this month’s Professional Liability Defense Quarterly newsletter, we are proud to announce the contribution made by Brett Bloch, Senior Partner, to the feature article, “Insurance Coverage Issues and Current Trends in Cyber Exposures”. As promised in our E-blast, here is the full article to read more about Brett Bloch, Esquire and the firm!
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Claims Representative Depositions in Bad Faith Litigation
The measures Plaintiff attorneys are endeavoring to follow to set carriers up for bad faith claims in Florida is extraordinary. The lawyers of Shendell & Pollock have therefore focused upon strategies to assist claims handlers should their depositions be noticed in an insurance coverage dispute, primarily where there are allegations of bad faith. Since the claims handler may be both a fact witness and the insurer’s corporate representative this may end up being the pivotal deposition in the case that can be case determinative.
Why, because the claims representative knows how the claim was investigated and adjusted and the carrier’s basis for the issuance of any reservation of rights communications. The claims representative will also have knowledge of the specific documents and information to determine the investigation and evaluation of the claim value.
Moreover, the deposition performance of the claims representative is the opportunity to send strong signals to policy holders of the professional and reasonable approach that went into the investigation and evaluation of a particular claim. Strong credibility can be built by a claims representative showing the knowledge of the claims file and the understanding of manuals and procedures, which is critical to demonstrate to the plaintiff’s counsel.
Our attorneys are frequently asked to provide webinars and other presentations for insurers regarding deposition strategies for a claims hander’s deposition. To that end, our presentations focus upon a review of the communications between the claims handler and insurance counsel and communications that may come under the attorney-client privilege or work-product doctrine. We review the scope of claims representative’s testimony I coverage vs. bad faith claims, documents to review before depositions, what testimony to present the claims representative in the most favorable light to the case, and evidentiary protections such as communications and documents that may fall under the attorney-client privilege.
If you have any questions or would like further information as to how we can assist you, please contact Gary R. Shendell at gary@shendellpollock.com
Effects of COVID-19 On The Construction Industry
August 27, 2020
As the COVID-19 pandemic continues to impact so many industries, the construction and design industries are no exception. We have interviewed major contractors and design professionals throughout the state of Florida and New Jersey to discuss the practical impacts of the pandemic on many projects. The primary impacts of COVID-19 that were identified in our interviews are suspension, lost productivity and material shortages.
Many contractors are very concerned that as projects are suspended or slowed, there is the potential that idled workers will not return to their projects. Due to cash flow concerns as many contractors are face challenges onboarding projects crew continuity is becoming an impediment to project delivery. For example, where previously contractors had a pool of skilled full-time employees or independent contractors assigned to projects those same projects are being staffed temporary worker, many of whom are added to projects as others leave for other jobs. The Impact on labor due to the COVID-19 pandemic is unprecedented, however we are finding that many firms are adapting and finding ways to mitigate the impact upon their projects. Specifically, firms are mandating that employees receive regular tests, and should anyone test positive that person is required to work from home if possible. Similarly, subcontractors are required to be tested, and should any subcontractor or subcontractor employee refuse to be tested, that subcontractor can be terminated from their contract. It’s important for all contractors to include language within their contract that allows for the termination of the contract for convenience as this provides the primary legal means for the termination of a subcontractor who refuses to test for COVID-19 and could potentially expose other personnel to the disease.
Many contractors whom we interviewed mentioned they are having problems with material delays, which is effecting critical path delays and delivery of projects on time. Specifically, many firms are finding it difficult to acquire specialized and prefabricated materials due to COVID-19 impacts at the production facilities. The range of materials impacted by COVID-19 includes everything from complex fabricated switchboards and other electrical equipment, to plumbing equipment, elevators, and prefabricated concrete. Impacts in the supply of these pre-fabricated items can have enormous impacts on the critical path of a construction project, and any impact must be analyzed individually based upon the type of item that has been delayed and where it fits in the critical path. Should there be a means of diverting resources elsewhere and prioritizing other portions of the critical path to save time and money, the contractor should take those means as is deemed prudent. Should a pre-fabricated item or material delay present such an impact that there is no way to alter the construction schedule then that impact must be documented by the contractor and form the basis of a future change order to the contract which will include both increased costs for a replacement item and additional labor, as well as an increase in the time allotted within the contract to complete the Project.
With regard to design professionals who have contractual responsibility to approve submittals of materials and products, COVID-19 related shortages also present a challenge. Design professionals may be confronted with unavailability of specified materials and proposed substituted materials by contractors that the design professional is either not familiar with or falls below the design intent. In these situations, the design professional may face a choice between accepting lesser quality materials or having potential Project delay attributed to his failure to approve submittals. In these instances, it is essential to inform the Owner of the ramification of the decisions being faced and document the file as to these communications.
Finally, because of these unique conditions and potential impacts associated with COVID-19, design may wish to insert Force Majeure provisions in their future contracts that preclude liability for external events that interfere with the design professionals ability to perform his duties in accordance with the contract or ordinary standard of care.
We at Shendell & Pollock have handled numerous bodily injury and wrongful death cases throughout Florida, New York and New Jersey, with over 30 years of experience. If you would like to discuss this alert or any concerns regarding defense of legal malpractice claims, contact Gary R. Shendell at gary@shendellpollock.com or William Convey at william@shendellpollock.com.
When There’s No Subject Matter Jurisdiction, And The Trial Court Is Poised To Act Beyond Its Power, Write The Writ To Right The Ship
January 15, 2021