Ellie W. Neiberger

Attorney

Office phone: 305-374-7349

eneiberger@bmolaw.com

Office Location: Miami

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PROFESSIONAL SUMMARY

Ellie Neiberger practices appellate advocacy and litigation, with an emphasis on representing Florida governments in high-profile and complex cases and cases of first impression. She represents clients in appeals, original proceedings for extraordinary writs, and trial and administrative-level litigation. She is the co-chair of the firm’s litigation practice group, and serves as a member of the Executive Council of the City, County and Local Government Section of The Florida Bar. She has been an attorney licensed to practice in Florida since September 2009, and the primary focus of her practice over that entire period has been representing local governments and other government entities. Her practice involves a variety of government-related disputes, including labor and employment litigation, challenges to state statutes, finance issues, public records and Sunshine Law claims, and bid protests. Florida Trend magazine named her as a “Legal Elite” in 2012-2019. She has been selected as one of Super Lawyers’ Florida Rising Stars in 2015-2019.

EDUCATION

College: University of Florida – B.A., cum laude, 2006

Law School: Florida State University- J.D., Order of the Coif, summa cum laude, 2009

BAR ADMISSIONS

The Florida Bar, 2009

COURT ADMISSIONS

United States Supreme Court

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Courts for the Northern, Middle, and Southern Districts of Florida

U.S. Bankruptcy Courts for the Northern and Middle Districts of Florida

PROFESSIONAL ACTIVITIES

City, County, & Local Government Section of The Florida Bar, Executive Council Member

City, County, & Local Government Section of The Florida Bar, Florida Bar Journal Column Editor

ABA Council of Appellate Lawyers, Publications Committee Editorial Board Member (2015-2018)

ABA Litigation Committee, YLD Vice Chair and Publications Content Editor (2015-2016)

Appellate Practice Section of The Florida Bar, Rules Committee and Pro Bono Committee, Member

Order of the Coif, Florida State Chapter, Member
 

HONORS & AWARDS

Florida State Chapter of the Order of the Coif, Member

Florida Trend, Legal Elite Up and Comer, 2012-2019

Florida Super Lawyers, Rising Star – 2015, 2019
 

PUBLICATIONS

PILOT Agreements Have Liftoff: City of Largo v. AHF Bay Fund, 47 Stetson L. Rev. 405 (2018) (co-authored with Alan Zimmet and Nikki Nate)

An Emerging Value of Oral Argument in the Electronic Age, Appellate Issues: Journal of the ABA Council of Appellate Lawyers (Fall 2017)

Do Elected Officials Have First Amendment Rights When Speaking in Connection with their Official Duties?, Appellate Issues: Journal of the ABA Council of Appellate Lawyers (Fall 2016)

The Line Between Special Assessments and Ad Valorem Taxes, Stetson Law Review (Spring 2016)

Relationship Between Preliminary Injunctive Relief and Final Relief Sought in Complaint, American Bar Association YLD Litigation Quarterly Newsletter (Winter 2016)

December 2015 Amendments to the Federal Rules of Civil Procedure, American Bar Association YLD Litigation Quarterly Newsletter (Winter 2016)

Judicial Notice of Adjudicative and Nonadjudicative Facts on Appeal, Appellate Issues: Journal of the ABA Council of Appellate Lawyers (2015)

Judge-Friendly Briefs in the Electronic Age, Florida Bar Journal (2015)

Preserving Jury Verdict Objections for Appeal, American Bar Association YLD Litigation Quarterly Newsletter (Fall 2015)

Judicial Profile of Judge Timothy Osterhaus, The Record: Journal of the Appellate Practice Section of the Florida Bar (2014)

Honest Services Fraud: Federal Prosecution of Public Corruption at the State and Local Level, Florida Bar Journal (2010)

Contracting, Purchasing, and Sale of County Property, Florida County Government Guide, Florida Association of Counties (2010, 2012, 2016, 2018) (co-authored with Susan Churuti)
 

PRESENTATIONS

Continuing Education in Ethics for City Officials (Ethics, Sunshine Law, and Public Records Law), Florida League of Cities University (2015-2020)

Continuing Education in Ethics for City Officials (Ethics, Sunshine Law, and Public Records Law), Florida League of Cities Annual Conference) (2015-2020)

Public Records, Sunshine Law, and Social Media, City, County and Local Government Section Annual Sunshine Law and Ethics Conference (2019, 2020)

Public Records and Sunshine Law, City, County and Local Government Section Annual Conference (2019)

Electronic Appellate Briefs, Florida Bar Appellate Practice Section (2017)

110 Degrees in the Shade: How to Stay Cool in Shade Meetings Under the Sunshine Law, The Florida Bar, Annual Sunshine Law, Public Records and Ethics Seminar (2015)

Shade Meeting Exemption from the Sunshine Law, Florida Association of County Attorneys Annual Seminar (2014)

Trial Preparation, Big Bend Paralegal Association (2013)

Selection & Retention of Expert Witnesses, Florida Department of Financial Services (2011)

Expert Witnesses, Big Bend Paralegal Association (2010)