Shortly after receiving a call from the counsel to Florida Gov. Ron DeSantis, Holland & Knight declined to go forward with a lawsuit on behalf of the Miami Herald that seeks to dislodge the names of elder-care facilities where people have tested positive for the novel coronavirus.

After the call between DeSantis' general counsel, Joe Jacquot, and Holland & Knight partner George Meros, the firm told partner Sanford Bohrer—who was directly representing the company—to abandon the lawsuit, according to the Herald and Bohrer. But the Am Law 100 firm says the decision was made to avoid conflicts and delays in the case.

The newspaper is now being represented by media law boutique Thomas & LoCicero, which has represented the South Florida Sun Sentinel, Sarasota-Herald Tribune and ESPN in previous defamation suits.

In a statement to Law.com Monday, Holland & Knight said the firm "acted appropriately in declining the representation of the Miami Herald. After assessing the possibility of a conflict of interest, the confidentiality of client communications, and the risk of an adverse impact or delay on the Miami Herald's records request, the firm concluded that it was best for another law firm to take over the matter. Those were the only factors the firm considered. The records request will continue unimpeded with new counsel."

The Herald says the state has given no legal justification in withholding the facility names.

According to an article in the Herald about the sequence of events, the newspaper, then represented by Bohrer, sent a letter to the governor laying out its intention to sue the state, which is allegedly withholding the names of elder-care facilities that have confirmed COVID-19 infections. After notifying the state, Jacquot called Meros, a former GrayRobinson government relations attorney who jumped to Holland & Knight in 2018, the Herald said.

Meros represented the state Senate in its investigation of state Sen. Jack Latvala, who resigned in 2018 in the wake of a serial sexual harassment probe, and was lead counsel for the state House as it developed and litigated the state's 2010 legislative redistricting plan.

More recently, Meros represented the state in its efforts to place restrictions on Amendment 4, a ballot initiative passed by popular vote which restores voting rights felons who have served their sentence.

Shortly after the call between Jacquot and Meros, Bohrer said his firm asked him to not file the suit.

The governor's office has denied that it pressured Holland & Knight. DeSantis' office and Holland & Knight did not respond to requests for comment by Law.com.

Mindy Marques, publisher and executive editor of the Miami Herald, did not respond to a request for comment by Law.com. But in a statement to the Herald, Marques said she is "disappointed" in the governor's actions.

"We are disappointed that the governor's office would go so far as to apply pressure on our legal counsel to prevent the release of public records that are critical to the health and safety of Florida's most vulnerable citizens," Marques said. "We shouldn't have had to resort to legal action in the first place. Anyone with a relative in an elder-care facility has a right to know if their loved ones are at risk so they can make an informed decision about their care."

Multiple Reasons to Bow Out

University of Miami School of Law professor Jan Jacobowitz said Holland & Knight's decision to drop the lawsuit could have happened for multiple reasons ranging from conflict rules to simple business considerations.

Under the Florida Bar's ethics rules, the fact that Meros and Holland & Knight have represented the state before could create the appearance of a conflict and gum up the early stages of litigation.

"They may have concluded that the firm had a conflict of interest or that there could end up being an allegation that they did and there be a motion to disqualify them to delay the lawsuit," Jacobowitz said.

Or, Holland & Knight may have decided that the firm should keep the state's business rather than the Herald's, Jacobowitz added. She praised Bohrer as a "fantastic" attorney and expressed doubt that the law firm would simply back down to the governor.

"There are some times where you don't, even if you could, want to sue an entity that gives business to your firm," Jacobowitz said. "It's bad business."

Pamela Marsh, president of the Florida-based First Amendment Foundation, said she has seen law firms back down to state pressure before, fearful that they would lose the state agency business that often provides consistent work to Florida firms. (Thomas & LoCicero partner Carol Jean LoCicero is one of the foundation's board members).

"Especially in Tallahassee, the state agency work is bread and butter," Marsh, a former prosecutor, said. "To put that at risk for a firm, especially at a time like this, that would be a big deal—to lose that opportunity to keep that consistent work coming in the door."

In 2017, under former Gov. Rick Scott, the state of Florida paid private law firms $237 million to represent the government in various matters.

But regardless, Marsh said big firms need to be able to withstand that risk, adding that the governor should know that a call from the governor's office, regardless of what is actually said, is threatening.

"Just a call from the governor's office is enough to get a big firm to step back," she said. "The word 'retaliation' comes to mind."

Holland & Knight has a well-regarded first amendment and media practice, and Bohrer has represented the Herald several times in the past. In 2018, he secured a summary judgment on behalf of the Herald and journalist Julie Brown in a defamation lawsuit filed by former corrections officers, and he also led a concerted media effort to release records related to the Trayvon Martin case.

The firm's government relations practice is strong as well. Last year, the firm's Florida lobbying arm brought in $1.9 million in fees and has represented the state agencies across the country.