April 2018
Judge Piper D. Griffin, Bench Bar Conference Committee Chair, with Judge Jane M. Triche
Milazzo and William B. Gaudet
ADVERTISING
If you are interested, please contact Amy Gonzales at [email protected] for advertising
information and rates for 2018.
2 | Briefly Speaking April 2018
The 2017-2018Board of Directors
Dana M. DouglasPresident
Jason P. Waguespack President-Elect
Steven J. LaneVice-President
Darryl M. PhillipsVice-President
Jan M. HaydenVice-President
James C. Gulotta, Jr.Secretary
William B. GaudetTreasurer
Christopher K. RalstonPast President
Walter J. Leger, Jr.President, Bar Foundation
Alex H. GlaserYoung Lawyers Chair
Terms Ending 2018Rachael D. Johnson
Peter E. SperlingJoseph P. Tynan
Sharonda R. Williams
Terms Ending 2019Lisa M. Africk
Albert J. Derbes, IVThomas M. FlanaganM. Palmer Lambert
Terms Ending 2020Mark A. CunninghamKelly Juneau Rookard
Kimberly R. SilasRobert P. Thibeaux
Helena N. HendersonExecutive Director
Get Involved in one of NOBA’s Committees• Appellate Practice• Bankruptcy & Debtor/Creditor Rights• Business Litigation• Business Transactions• Civil Rights• Class Actions• Complex Litigation• Construction Law• Criminal Law• Domestic Violence• E-Discovery• Entertainment and Intellectual
Property Law• Environmental Law/Toxic Torts• Family Law• Healthcare Law• Immigration Law• Insurance Law
• Labor & Employment Law• Maritime & International Law• Minorities in the Profession• Oil & Gas Law• Pharmaceuticals/Medical
Devices• Products Liability• Property Law• Solo & Small Firms• Study Group on Cuba• Study Group on Panama• Tax Law• Technology• Wellness & Stress Management• Wills/Trusts/Successions• Women in the Profession• Worker’s Compensation Law
Contact Liz Daino at (504) 525-7453 or [email protected]
Briefly Speaking editor
Philip Dore Liskow & Lewis, APLC
i n t h i S i S S u e
President’s PersPective | 3
Bench Bar conference | 4
UPcoming cLe | 15
tricentenniaL cLe | 17
tricentenniaL articLe | 18
veteran’s sPotLight | 21
aroUnd the Bar | 23
Spring Greetings NOBA Members!
There’s nothing like springtime in New Orleans! It is that time of year where we celebrate all things New Orleans from outdoor festivals in Lafayette Square, the Fairgrounds or the historic French Quarter, to crawfish boils in our own backyards with friends and family!
NOBA also has some exciting events planned for this Spring! In this edition of Briefly Speaking, you will read more details on our upcoming Bench Bar Conference, which will include a special presentation on mindfulness by Professor Scott Rogers from the University of Miami School of Law. Mindfulness has become an increasingly important topic for those of us lawyers who pride ourselves on being masters of multi-tasking. As with all things, however, too much of anything can lead to peculiar situations. It has been shown that extreme multi-tasking leads to counterproductive habits that reduce efficiency and increase stress levels. Mr. Rogers will discuss the concept of mindfulness as a tool to assist
lawyers in managing their time, becoming more efficient to better “Up Your Game!”
Another exciting highlight you will read about in this edition is our April Tricentennial Program. This month’s program will be held at the Cabildo, where the Louisiana Fourth Circuit Court of Appeals will sit en banc for arguments. Regarded as Louisiana’s most important historical building, the Cabildo housed the Louisiana Supreme Court from 1853-1910. On Wednesday, April 18, 2018, our members will have the opportunity to hear arguments in this historic venue.
I look forward to seeing you at one or more of these exciting events!
Dana
Briefly Speaking | 3April 2018
preSident’S perSpective
Dana M. DouglasPresident
UPUPYour GameYour Game
Bench Bar Conference
New Orleans Bar Association'sNew Orleans Bar Association's
April 19-22, 2018 Marriott’s Grand Hotel | Point Clear, AL
Bench Bar Conference
2
Optional Pre-Conference Spa Day at the Bench Bar Conference
NOBA’s Special Spa Service Discount at Grand Hotel for Bench Bar Conference Attendees
�� 10% discount for spa services for registered NOBA Bench Bar Conference Spa Day guests for
Thursday, April 19th and are subject to availability. You must mention NOBA Bench Bar
Conference to get the discount.
�� Spa services must be made with Grand Hotel. To make a reservations for spa services, call
251-990-6385.
NOBA’s Special Grand Hotel Policies for Thursday, April 19th
�� There are a limited number of rooms reserved for Thursday, April 19th, so please don’t delay
registration.
�� Hotel Cancellation Policy: there is a one night nonrefundable cancellation fee plus taxes, if your
room is cancelled within 5 days of stay.
�� Hotel Early Departure Fee: there is a one night early departure fee (plus taxes) if checking out
before scheduled departure, unless Hotel is notified by 12 midnight of the first day guest is
checked in the hotel.
Dinner with the Spa Day Attendees at a Fairhope Restaurant
�� Angie Christina planned a special dinner for Spa Day attendees on April 19, 2018 . The time will
be 6-ish since we don’t want time pressure. Dinner will be Dutch Treat.
�� While NOBA doesn't charge for Spa Day, we do need to know if you’re coming. There is
limited availability for this special offer. Please contact Hayley Landry at 525-7453 or
[email protected], so we know you will be relaxing with us on Spa Day!
Leave the suit behind. Dress is casual.
No Pushing. No Billing. No Time Pressure. Just Relaxation.
Angie Christina, Chair, Bench Bar Spa Day Committee, reminds everyone you can rediscover yourself outside the office at the Grand Hotel’s spa, one of the most gracious spas in the South. Angie made special arrangements for a 10% discount on Grand Hotel spa services for NOBA Bench Bar Conference attendees. For hotel reservations:
1. Bay View Room
�� Marriott’s Grand Hotel offers a special group rate for $239.00 per night (not including tax & fees).
To make your reservation, call (800) 544-9933 or visit http://bit.ly/2Fgw50I.
2. Resort View Room
�� Marriott’s Grand Hotel offers a special group rate for $199.00 per night (not including tax & fees).
To make your reservation, call (800) 544-9933 or visit http://bit.ly/2Fgw50I.
Thursday, April 19, 2018
3
Come on down! NOBA’s showcase showdown is where game show hosts test the talents and wits of our audience contestants. Games will produce laughter and smiles with karaoke singing, lip-syncing and dancing. We pro-vide an enthusiastic audience and a panel of judges. NOBA’s performers will showcase their special talents in hopes of being able to take the stage in front of our esteemed panel of judges, take home the winning trophy, and of course bragging rights! Game Show Hosts: The Hon. Piper D. Griffin, Orleans Parish Civil District Court William B. Gaudet, Adams and Reese, LLP
Leave the suit behind. Dress is casual.
2:55 p.m. - 3:00 p.m. Welcoming Remarks
3:00 p.m. - 4:30 p.m. Game On: Keeping ESI From Taking Over Your Case
Jeopardy in ESI
�� Keeping Your ESI Proportional �� What's a Load File? And Other Burning Questions �� Taking Inventory of Your ESI & Crafting a Comprehensive ESI Protocol �� Knowing When To Seek Outside Help �� Motion Practice -- Defending Your ESI Protocol
Game Show Host: Erin Pelleteri, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Contestants:
Jacqueline M. Brettner, Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, LLC
William B. Gaudet, Adams and Reese, LLP Jane Goldsmith, Phelps Dunbar LLP
Sharonda R. Williams, Fishman Haygood Phelps Walmsley Willis & Swanson, LLP
2:00 p.m. - 3:00 p.m. Registration
Dana M. Douglas, President, New Orleans Bar Association
4:40 p.m. - 6:10 p.m. Meet the Judges
7:00 p.m. Game Show Night with Dinner and Open Bar
Based on the game, Musical Chairs A Judge Jay Zainey Production
What do judges expect in their courtrooms? What won’t judges tolerate? Are there special rules that exist particular to each judge’s court? Do you want to know special practice pointers?
Show Host: The Hon. Piper D. Griffin, Orleans Parish Civil District Court
Get the answers and more at “Meet the Judges.” “Meet the Judges” is a rapid-fire, round-robin session where lawyers will be given the opportunity to meet and interact with members of the judiciary.
With special thanks to our sponsor
Friday, April 20, 2018
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10:10 a.m. - 11:10 a.m. Discovery Can Be A Feud
Based on the TV game show, “Family Feud” A Judicial Ervin-Knott & North Production In this session, the contestants will:
�� Provide insight as to the common discovery issues that arise in Federal and State Court litigation;
�� Discuss common pitfalls made by attorneys during discovery and obstacles encountered through the discovery process.
Game Show Hosts: The Hon. Nakisha Ervin-Knott, Orleans Parish Civil District Court The Hon. Michael B. North, United States District Court-EDLA Contestants: Angelina Christina, Akerman LLP Joseph I. Giarrusso III, Barrios, Kingsdorf & Casteix Lori A. Waters, Irpino Law Firm Sharonda R. Williams, Fishman Haygood Phelps Walmsley Willis
& Swanson, LLP
8:30 a.m. - 9:00 a.m. Continental Breakfast
Leave the suit behind. Dress is casual.
8:55 a.m. - 9:00 a.m. Welcoming Remarks
Based on the TV game show, “ Wheel of Fortune” A Thomas Flanagan Production
Round and round and round it goes,
Where the wheel stops nobody knows.
Motions, appeals, judgments and more.
Join us for Wheel of Procedure
to see who gets the highest score!
Game Show Host: Thomas M. Flanagan, Flanagan Partners LLP Contestants: The Hon. Robin M. Giarrusso, Orleans Parish Civil District Court The Hon. Karen W. Roby, United States District Court - EDLA Magdalen B. Bickford, McGlinchey Stafford, PLLC C. Lawrence Orlansky, Stone Pigman Walther Wittmann, LLC
9:00 a.m. - 10:00 a.m. Wheel of Procedure: A Lawyer’s Game
Saturday, April 21, 2018
5
The panel will provide perspectives from the federal bench, state bench, plaintiff practice, and defense practice, as well as nut-and-bolts advice, on contemporary evidentiary issues confronting lawyers in litigation today.
Topics include: �� Admission of business and medical records that may
contain objectionable material within them �� Admission of material obtained from social media sites�� The strategic filing of motions in limine to challenge experts
and other evidence.
Moderator: The Hon. Lance M. Africk, United States District Court - EDLA
Speakers: The Hon. Tiffany G. Chase, 4th Circuit Court of Appeal The Hon. Karen W. Roby, United States District Court - EDLA Michael J. Ecuyer, Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. Brian M. LeCompte, McGlinchey Stafford, PLLC
Special thanks to Jason P. Waguespack
Leave the suit behind. Dress is casual.
11:20 a.m. - 12:20 p.m. The Evidence Pyramid
12:30 p.m. - 1:30 p.m. Wellness & Stress Management CLE & Luncheon
The Present Moment is Right This engaging and interactive presentation on mindfulness offers a prac-tical assessment of mindfulness in today’s world, given the hype and the promise, zeros in on what mindfulness is—and is not, and the ways that mindfulness practice may enrich the professional and personal lives of judges and lawyers.
�� Mindfulness and its connection to stress reduction and emo-tion regulation
�� Mindfulness practices for concentrating attention and devel-oping cognitive and emotional resilience
�� A look at science findings on mindfulness and its medical and psychological benefits
�� Practical tips to develop a regular mindfulness practice and to bring short, yet meaningful practices into the day
Moderator: Sandra Diggs-Miller, Entergy Services, Inc. Keynote Speaker: Professor Scott L. Rogers
Director, Mindfulness in Law Program, University of Miami School of Law
With special thanks to our sponsor
Saturday, April 21, 2018
6
6:00 p.m. - 7:00 p.m. Hello Bubbles, Goodbye Troubles!
A Champagne and Sparkling Wine Tasting
Leave the suit behind. Dress is casual.
2:30 p.m. - 3:30 p.m. Special Wellness Program: Mindfulness Workshop
(optional)
The lawyer mind is quick to pick up mindfulness insights and prone to stop short of practicing mindfulness. While both an intellectual understanding and direct experience are important, when they are brought together, the benefits of mindfulness are more fully appreciated and realized. This workshop ses-sion offers participants the opportunity to work closely with Professor Rogers to more deeply understand the practice of mindfulness and the ways it con-nects to specific areas, such as being more at ease during uncomfortable moments, less distractible and better able to maintain an alignment between intentions and actions, and drawing upon mindfulness practices during the day to experience less overwhelm and more fully enjoy the unfolding of a busy day. Keynote Speaker: Professor Scott L. Rogers
Director, Mindfulness in Law Program, University of Miami School of Law
After 7:00 p.m. Dinner on your own
Saturday, April 21, 2018
7
8:30 a.m. - 9:00 a.m. Continental Breakfast
9:00 a.m. - 10:00 a.m. Ethics: Truth or Consequences
Based on the TV game show, “Truth or Consequences” A Jan Hayden-Bob Barker Production
Our very own “Bob Barker” (aka Jan Hayden) will host interactive games where contestants try to make ethical choices and avoid the consequences of bad ones. Here’s to hoping your consequences are all happy ones! Game Show Host: Jan M. Hayden, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Contestants: The Hon. Paul A. Bonin, Orleans Parish Criminal District Court The Hon. Kern A. Reese, Orleans Parish Civil District Court The Hon. Raymond S. Steib, 24th Judicial District Court James A. Brown, Liskow & Lewis, APLC
10:10 a.m. - 11:10 a.m. Who Wants To Be A Professional?
Based on the TV game show, “Who Wants To Be a Millionaire?” A Judge Jane Triche Milazzo Production
Learn the importance of professionalism in your practice from experienced lawyers and judges in a fun interactive session. Game Show Host: The Hon. Jane M. Triche Milazzo,
United States District Court - EDLA
Contestants: The Hon. Carl J. Barbier, United States District Court - EDLA The Hon. Rachael D. Johnson, Orleans Parish Civil District Court Dawn M. Barrios, Barrios, Kingsdorf & Casteix Timothy F. Daniels, Irwin Fritchie Urquhart & Moore, LLC
Leave the suit behind. Dress is casual.
8:55 a.m. - 9:00 a.m. Welcoming Remarks
Sunday, April 22, 2018
cs: T
8
2018 YLS Bench Bar Game Show Conference Committee
Kelly E. Brilleaux, Irwin Fritchie Urquhart & Moore, LLC, Co-Chair
Andrew S. Respess, Galloway, Johnson, Tompkins, Burr & Smith, APLC, Co-Chair
Ashley P. Blair, Melchiode Marks King LLC
Camille R. Bryant, McGlinchey Stafford, PLLC
Marshall T. Cox, McGlinchey Stafford, PLLC
Gerard J. Gaudet, Adams and Reese, LLP
Kelsey L. Jarrett, Porteous, Hainkel & Johnson, LLP
Gary W. Johnson, Louisiana Supreme Court - 4th Circuit
Jennifer Gordon Lampton, Civil District Court Parish of Orleans
Robert A. McKnight, Orleans Public Defenders
Cassie Preston Gailmor, Deutsch Kerrigan, LLP
Eric W. Sella, Mouledoux, Bland, Legrand & Brackett
Kimberly Silas, Louisiana Supreme Court
Taylor C. Stone, The Law Office of Taylor C. Stone, LLC
Katherine L. Swartout, Thompson, Coe, Cousins & Irons, LLP
R. Ethan Zubic, Gordon, Arata, Montgomery, Barnett, McCollum, Duplantis and Eagan, LLC
2018 Bench Bar Game Show Conference Committee
The Hon. Piper D. Griffin, Orleans Parish Civil District Court, Chair
The Hon. Nakisha Ervin-Knott, Orleans Parish Civil District Court
The Hon. Jane M. Triche Milazzo, United States District Court, Eastern District of Louisiana
The Hon. Jay C. Zainey, United States District Court, Eastern District of Louisiana
Angelina Christina, Akerman LLP
Dana M. Douglas, Liskow & Lewis, APLC
Sandra Diggs-Miller, Entergy Services, Inc.
Thomas M. Flanagan, Flanagan Partners LLP
William B. Gaudet, Adams and Reese, LLP
Jan M. Hayden, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Stephen J. Herman, Herman, Herman & Katz, LLP
Jason P. Waguespack, Galloway, Johnson, Tompkins, Burr & Smith, APLC
9
Adams and Reese, LLP
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Barrasso Usdin Kupperman Freeman & Sarver, LLC
Barrios, Kingsdorf & Casteix The Derbes Law Firm, LLC
Deutsch Kerrigan, LLP
Entergy Services, Inc.
Fishman Haygood Phelps Walmsley Willis & Swanson, LLP
Flanagan Partners, LLP
Frilot LLC
Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.
Galloway, Johnson, Tompkins, Burr & Smith, APLC
Herman Herman & Katz LLP
Irpino, Avin & Hawkins Law Firm
Irwin Fritchie Urquhart & Moore, LLC
Jones, Swanson, Huddell & Garrison, LLC
Jones Walker LLP
Platinum Gold Silver Bronze
Kean Miller, LLP
Kuchler Polk Weiner, LLC
The Lambert Firm, PLC
Leger & Shaw
Liskow & Lewis, APLC
McGlinchey Stafford PLLC
Melchiode Marks King LLC
Perry, Balhoff, Mengis & Burns, LLC
Phelps Dunbar, LLP
Plauché Maselli Parkerson LLP
Porteous, Hainkel & Johnson, LLP
Pugh, Accardo, Haas, Radecker & Carey, LLC
Simon Peragine Smith & Redfearn LLP
Stanley, Reuter, Ross, Thornton & Alford, L.L.C.
Stone Pigman Walther Wittmann, LLC
Taggart Morton, LLC
Special Thanks to the Bench Bar Conference Law Firm Patrons (as of 3/19/18)
Special Thanks to The Bench Bar Conference Exhibitors (as of 2/16/18)
10
Reservations for the Grand Hotel for Friday, April 20 - Sunday, April 22, 2018
Marriott’s Grand Hotel Room Options
1. Bay View Room
�� Marriott’s Grand Hotel offers a special group rate for 239.00 USD per night (not including tax & fees)
�� To make your reservation, call (800) 544-9933 or visit http://bit.ly/2E7Q0O3.
2. Resort View Room
�� Marriott’s Grand Hotel offers a special group rate for 199.00 USD per night (not including tax & fees)
�� To make your reservation, call (800) 544-9933 or visit http://bit.ly/2ENxPhD.
Reservations for Judges
�� NOBA is pleased to underwrite the cost of the 2-night stay at the hotel for our honorary members.
Judges attending the conference should contact Liz Daino at 525-7453 or [email protected]
for both the hotel registration instructions and NOBA’s discounted conference registration for judges.
Hotel Reservation Policies
�� Limited availability: there are a limited number of rooms reserved so please don’t delay registration.
The Room Block expires on March 30, 2018.
�� Upgrades: based on availability, you may be able to upgrade your room for an additional fee at your
expense. For upgrades, please call Central Reservations at (800) 544-9933.
�� Cancellation Policy: there is a one night nonrefundable cancellation fee plus taxes, if your room is
cancelled within 5 days of stay.
�� Early Departure Fee: there is a one night early departure fee (plus taxes) if checking out before
scheduled departure, unless the Hotel is notified by 12 midnight of the first day guest is checked in
the hotel.
Spa Day on April 19th or Extended Hotel Stay
�� To reserve hotel rooms for Spa Day on April 19th only, call (800) 544-9933 or visit http://
bit.ly/2Fgw50I.
�� If you know that you’re going to have a wonderful time at the Grand Hotel and wish to extend your
stay after the conference ends, please call (800) 544-9933.
Visit the NOBA website for registration instructions or call (800) 544-9933 for your accommodations in the NOBA Room Block at the Grand Hotel. The Room Block expires on March 30, 2018.
Grand Hotel Reservations
11
Name ________________________________________________________________________________
Firm _________________________________________________________________________________
Address ______________________________________________________________________________
City ___________________ State ______ Zip ________ Phone ________________________________
Email Address _________________________________________________________________________
Payment Information
□ Check Made Payable to the New Orleans Bar Association
□ Visa □ MasterCard □ Discover (please note there is a 3% fee for all credit card transactions)
Credit Card # _____________________________ Exp. Date ______ 3 Digit Code _______________
Name as it appears on the Credit Card __________________________________________________
Billing Street Address ________________________________________________________________
City, State and Zip Code _____________________________________________________________
NOBA Conference Registration Fees (April 20-22, 2018) Bench Bar CLE Priority Early Registration (By March 30, 2018) □ $350 Bench Bar CLE Registration (After March 30, 2018) □ $400
�� 9 Hours of CLE including Ethics and Professionalism �� Saturday and Sunday Breakfasts �� Saturday Wellness Luncheon
�� Saturday Wellness Activity �� Saturday Evening Champagne & Sparkling Wine Tasting
Bench Bar Young Lawyer CLE Priority Registration (March 30, 2018) □ $185 Bench Bar Young Lawyer CLE Registration (March 30, 2018) □ $235 Plus Options Friday Night Dinner at The Grand Hotel for NOBA’s Got Game □ $125
Guest Registration for ________________________________ □ $150
�� Friday Night Dinner at the Grand Hotel for NOBA’s Got Game �� Saturday Evening Champagne & Sparkling Wine Tasting �� Saturday and Sunday Breakfasts �� Saturday Wellness Activity
Total $_________
Please mail completed form to New Orleans Bar Association, 650 Poydras Street, Suite 1505, New Orleans, LA 70130 or email [email protected]. Please contact NOBA at (504) 525-7453 if you have any questions or if you have a disability which may require a special accommodation at this conference. NOBA is committed to providing full accessibility for all registrants. Conference Refund Policy Written cancellation must be received by April 16, 2018 for a full refund, less a $30 administrative fee.
Briefly Speaking | 15April 2018
Speaker: Carla Bonaventure, director, geauxBIZ Commercial Division
Date: Wednesday, April 11, 2018
Time: Noon - 1 p.m.
Location: NOBA Office, 650 Poydras Street, Suite 1505
CLE: 1 hour of CLE credit
Cost: NOBA Member Discount: $35; Non-Member: $55
(Includes lunch)
To Register: Contact the NOBA office at (504) 525-7453 or email Liz Daino at [email protected].
Please note: Payment is expected before the start of the program in order to attend. Cancellations must be received in writing two days in advance in order to receive a refund less an administrative fee. There are no refunds for no shows.
Filing Business Documents With The Louisiana Secretary of State’s Office Through geauxbiz.com CLEHosted by the Business Transactions Committee
Effective January 1, 2018, all business filings at the LA Secretary of State’s office for companies located in Orleans and many surrounding parishes must occur through the geauxbiz.com website. Join us as Carla Bonaventure, director of the geauxBIZ Commercial Division, will offer an outreach presentation for committee members on how to navigate the portal, handle certain filings, and answer questions.
Please note: Payment is expected before the start of the program in order to attend. Cancellations must be received in writing two days in advance in order to receive a refund less an administrative fee. There are no refunds for no shows.
The State of Civil Rights Law 50 Years After Martin Luther King Jr.’s Assassination CLEHosted by the Minorities in the Profession Committee
On April 4, 1968, American civil rights leader, Dr. Martin Luther King, Jr., was fatally shot in Memphis, Tennessee. This CLE commemorating the life and death of Dr. Martin Luther King, Jr., will focus on how Civil Rights Law has progressed in the 50 years since Dr. King’s assassination, and the panelists’ predictions for the future.
Moderator: Ebony S. Morris, Garrison, Yount, Forte & Mulcahy, LLC
Speakers: Professor Andrea Armstrong, Loyola University New Orleans, College of LawMarjorie R. Esman, Attorney at LawRonald L. Wilson, Attorney at Law
Date: Thursday, April 12, 2018
Time: Noon - 1 p.m.
Location: NOBA Office, 650 Poydras Street, Suite 1505
CLE: 1 hour of CLE credit
Cost: NOBA Member Discount: $35; Non-Member: $55 (Includes lunch)
To Register: Contact the NOBA office at (504) 525-7453 or email Liz Daino at [email protected].
Carla Bonaventure, geauxBIZ Commercial Division
Professor Andrea Armstrong, Loyola University New Orleans College of Law
Marjorie R. Esman, Attorney at Law
Ronald L. Wilson, Attorney at Law
16 | Briefly Speaking April 2018
Please note: Payment is expected before the start of the program in order to attend. Cancellations must be received in writing two days in advance in order to receive a refund less an administrative fee. There are no refunds for no shows.
Evidence Issues in Forensic Use of CPM Scheduling CLEHosted by the Construction Law Committee
Fred Plotnick of Engineering & Property Management Consultants, Inc., joins the Construction Law Committee to discuss evidence issues in the forensic use of CPM scheduling.
Speaker: Fred L. Plotnick, Engineering & Property Management Consultants, Inc.
Date: Friday, April 13, 2018
Time: 12 noon - 1 p.m.
Location: NOBA Office, 650 Poydras Street, Suite 1505
CLE: 1 hour of CLE credit
Cost: NOBA Member Discount: $35; Non-Member: $55 (Includes lunch)
To Register: Contact the NOBA office at (504) 525-7453 or email Liz Daino at [email protected].
Fred L. Plotnick, Engineering & Property
Management Consultants Inc.
Please note: Payment is expected before the start of the program in order to attend. Cancellations must be received in writing two days in advance in order to receive a refund less an administrative fee. There are no refunds for no shows.
Reading Income Statements and Balance Sheets MeetingHosted by the Complex Litigation Committee
Join the Complex Litigation Committee for its April meeting. Dr. John Page, Associate Professor of Accounting at Tulane University, will lead a discussion on reading income statements and balance sheets.
Speaker: Dr. John Page, Tulane University
Date: Thursday, April 26, 2018
Time: 12 noon - 1 p.m.
Location: NOBA Office, 650 Poydras Street, Suite 1505
Cost: $14 (includes lunch)
To Register: Contact the NOBA office at (504) 525-7453 or email Liz Daino at [email protected].
Dr. John Page Tulane University
Briefly Speaking | 17April 2018
new orleanS tricentennial celeBration
APRIL 2018
The Court of Appeal, Fourth Circuit, State of Louisiana Hears Oral Arguments at the Cabildo
In honor of the New Orleans Tricentennial commemoration, the Court of Appeal, Fourth Circuit, State of Louisiana will hold oral arguments at the Cabildo on Wednesday, April 18, 2018. The judges of the Court will sit en banc, meaning that all twelve judges will hear the arguments presented in a matter pending before the Court.
The Court of Appeal, Fourth Circuit began as the Court of Appeal for the Parish of Orleans, which was established by the Louisiana Constitution of 1879. The Court of Appeal for the Parish of Orleans was housed on the second floor of the Presbytère from 1880 until 1910. The Constitution provided for two judges on the Court of Appeal, and the first judges to serve on the Court were Frank McGloin and Walter Henry Rogers. The Court of Appeal for the Parish of Orleans became the Court of Appeal, Fourth Circuit in 1960.
The Court of Appeal is presently housed in the historic French Quarter. The Court is comprised of Chief Judge James F. McKay, III, Judge Terri F. Love, Judge Edwin A. Lombard, Judge Roland L. Belsome, Judge Daniel L. Dysart, Judge Joy Cossich Lobrano, Judge Rosemary Ledet, Judge Sandra C. Jenkins, Judge Regina Bartholomew Woods, Judge Paula A. Brown, Judge Tiffany G. Chase, and Judge Dennis R. Bagneris, Pro Tempore.
The Louisiana Supreme Court was housed at the Cabildo from 1853-1910. The Court of Appeal, Fourth Circuit welcomes the opportunity to hold oral arguments in the former home of the state’s highest court and invites the public to participate in this unique Tricentennial event.
Date: Wednesday, April 18, 2018
Time: 10 - 11 a.m.
Location: The Cabildo | 701 Chartres St., New Orleans, 70116
Cost: Free to attend
Seating capacity to attend the arguments is limited.
Information on the registration process will be posted on the NOBA website as it becomes available.
18 | Briefly Speaking April 2018
noBa enricheS the tricentennial celeBration By rememBering the legendS who changed the courSe of la’S hiStory forever
It is no secret that New Orleans is special for many reasons. One of those reasons is that New Orleans was home to the movement that ultimately abolished racial segregation. For this reason, NOBA chose to highlight the Plessy v. Ferguson legacy to remind both the legal and non-legal community of our city’s incredible history. On February 21, 2018, NOBA hosted “A Tricentennial Retrospective: Lunch with Legends” to discuss the Plessy decision and its lasting legacy. NOBA President Dana M. Douglas welcomed guests and introduced NOBA’s Tricenten-nial Committee Co-Chair and panel moderator, Kim M. Boyle, and living legends A.P. Tureaud, Jr., Keith Plessy, and Phoebe Ferguson.
As the moderator of the discussion, Boyle began with a retrospective into the historical circumstances that led to racial segregation in the South after the Reconstruction Era in 1877. Determined to end civil rights violations across the state, a group of New Orleanians formed the Comité des Citoyens (Citizens’ Committee). The role of the Committee, in what later became a prolonged legal battle for equality, was pivotal. Louis Martinet, a founding member of the Comité des Citoyens, began publishing The Crusader, a daily paper that reported the ongoing struggle for civil rights. Martinet was among those who helped orchestrate the scenario in which Homer Plessy was arrested for purposefully violating the Separate Car Act. Plessy’s case unsuccessfully challenged the-then “separate but equal” system. Unfortunately, the Supreme Court upheld the controversial law in 1896, and the decision stood until the Brown v. Board of Education ruling in 1954.
Following the case, prominent civil rights attorney, A.P. Tureaud, Sr., launched a series of lawsuits that advocated for desegregation. During NOBA’s event, Tureaud’s son, A.P. Tureaud, Jr., shared memories of his father, who handled civil rights cases for the NAACP for over 40 years and
Dana Douglas with Keith Plessy, Phoebe Ferguson, Kim Boyle, and A.P. Tureaud, Jr.
By Ilijana Todorovic, Esq.
Audience members listen to discussion on civil rights history in New Orleans.
Briefly Speaking | 19April 2018
never billed them for his legal services. In one captivating story, A.P. Tureaud, Jr., revealed that his father represented him in an appeal against Louisiana State University. In 1953, Tureaud, Jr., was admitted to LSU as the university’s first student of color, only to be subsequently forced to withdraw over a “legal technicality.”
Phoebe Ferguson and Keith Plessy, descendants of the parties in the landmark case of Plessy v. Fergu-son, discussed the significance of their ancestors’ role in shaping civil rights history in New Orleans. Though Ferguson and Plessy do not have legal backgrounds, they still recognize the importance of their family names. The pair shared the origin story of the Plessy and Ferguson Foundation, established with the goal to teach the history of the case and its historical relevance today. With their efforts to promote New Orleans’ history as a didactic window into the past, the Plessy and Ferguson Foundation, its founders, and allies have turned Plessy v. Ferguson into Plessy and Ferguson.
The dialogue concluded with Boyle asking each speaker to share their thoughts on the current landscape of civil rights in New Orleans and beyond. Looking at the diverse
audience in the Sheraton Hotel’s Waterbury Ballroom, Plessy indicated that his father would feel jubilant by the unity that exists today because the society in which he lived only knew of “separate but equal.” Ferguson added that for change to occur there must be complete commitment to a cause. A.P. Tureaud, Jr., closed the discussion with an expression of his pride for what has been achieved thus far, but commented that a lot of hard work still lies ahead.
Descendants of historical New Orleans civil rights figures address audience members.
Dr. Norman Francis at NOBA’s Tricentennial Retrospective Lunch with Legends
20 | Briefly Speaking April 2018
The Patterson Resolution Group o�ers dispute resolution services in complex cases to businesses and individuals across Louisiana and the Gulf South. Group members include six former presidents of the Louisiana State Bar Association and a retired district court judge. �e members have substantive experience in disputes in areas such as:
Contact Mike Patterson at 866-367-8620. Or visit the group’s website at www.pattersonresolution.com for more information and the article, “Getting Your Client and Yourself Ready for Mediation.”
Corporate and BusinessCommercial Real EstateOil and GasMaritimeConstructionProducts Liability
BankingEmploymentInsuranceHealthcareProfessional LiabilityGovernmental
BATON ROUGE • NEW ORLEANS • LAFAYETTE • SHREVEPORT • MONROE
mediation and arbitration of
complex disputes
Ross Foote Phelps Gay
Thomas Hayes, III
Larry Roedel
Guy deLaup
Mike McKay Pat Ottinger
Mike Patterson Marta-Ann Schnabel
A.P. Tureaud, Jr., moderator Kim Boyle, Keith Plessy, and Phoebe Ferguson
They say that we all die once, but heroes die twice: once when they perish from this earth, and again when their legacies vanish. If that is true, this NOBA event has shown that Martinet, Plessy, and Tureaud are very much alive. May their legacies live on!
Briefly Speaking | 21April 2018
Brett D. Wise is a shareholder with Liskow & Lewis. His practice includes both contracts and litigation in the areas of insurance, admiralty, oil and gas production, casualty, and commercial matters.
Mr. Wise graduated from the United States Naval Academy with a B.S. in Ocean Engineering in 1986, and from Tulane Law School in 1996, summa cum laude. He was a member of the Tulane Law Review. For the past ten years, he has taught admiralty law at the Loyola University New Orleans College of Law. He is listed among the Best Lawyers of America.
Mr. Wise retired from the Navy at the rank of captain after 27 years of service, including overseas service in Afghanistan during Operation Enduring Freedom.
WAID
Tell us about your military service?
WISE
After graduating from the Naval Academy in 1986, I went through the Navy’s nuclear power and submarine training pipeline. I served three years on the USS RAY (SSN 653), a STURGEON-class fast attack submarine, home-ported in Charleston, South Carolina. I rotated through positions as electrical division officer, reactor controls assistant, main propulsion assistant, and sonar/assistant weapons officer. While I was on the RAY, we made numerous deployments in the North Atlantic, Mediterranean, Caribbean, and Arctic. After the RAY, I reported to Commander, Submarine Squadron 4, as the staff weapons and tactics officer.
I transferred to the Naval Reserve in 1993 when I started law school. As a reservist, I was assigned to units assigned to Special Boat Team 22, Submarine Squadron 15, the Naval Reserve Center at NAS Belle Chasse, and Third Fleet. I was recalled to active duty for a year and half in 2006, and I spent a year in Afghanistan as the officer in charge of a Navy team helping to train the Afghan National Army in Helmand Province. I retired from the reserves in 2013.
WAID
What inspired you to join the military?
WISE
It was something that I wanted to do from a very young age. I am certainly very fortunate for the things I had the opportunity to do and see, and the people I got to know.
WAID
How has your experience in the military assisted you in the practice of law?
veteran’S Spotlight
Brett D. Wise Liskow & Lewis, APLC
Interview Conducted By Raymond T. Waid , Liskow & Lewis, APLC
22 | Briefly Speaking April 2018
WISE
The Navy has been such a large part of my life that it is not necessarily easy to identify. One of the things I appreciate most is having gotten to know, work losely with, and depend on people from all over the country with radically different backgrounds, often under stressful and challenging circumstances. A more pedestrian skill that is important for Navy Officers and helpful for lawyers is learning how to digest and act on large amounts of information in a short period of time.
WAID
As a maritime lawyer, do you feel that you are able to draw on your experience a Navy officer more than if you had a different legal specialty?
WISE
That’s easy – yes. I don’t claim to know a whole lot about tax, employment, or copyright law, but I strongly suspect everything I’ve learned over the years about navigation and ship handling have little application there.
For more information on ways to support our Veterans Justice Fellowship, please visit
www.neworleansbar.org/foundation.
aBout the author
Raymond T. Waid is a maritime lawyer at Liskow & Lewis. He spent four years in the U.S. Navy navigating a destroyer based in Japan before he attended Tulane University Law School. Ray teaches the cargo law course at Tulane in addition to his maritime practice at Liskow.
King, Krebs & Jurgens PLLC
is pleased to announce that it is changing its name to
We congratulate and extend our best wishes to our friend and colleague
Patricia A. Krebswho is leaving to become General Counsel with The Celtic Group.
201 St. Charles Avenue, 45th Floor, New Orleans, LA 70170 | 504.582.38006363 Woodway Drive, Suite 820, Houston, TX 77057 | 713.334.6544
[email protected] | KINGJURGENS.COM | Henry A. King, Manager
Briefly Speaking | 23April 2018
around the Bar
Frederick L. Bunol, a partner at The Derbes Law Firm, LLC in Metairie, was selected as a 2018 Louisiana Su-per Lawyer Rising Star for Bankruptcy Business law.
Breazeale, Sachse & Wilson, L.L.P. is pleased to announce that it will be opening a new office in Monroe, Louisiana, effective February 16, 2018. The Monroe office will be led by new partner Harry “Hal” M. Moffett, IV. Associate Laura S. Achord will also work from the new office.
Harry “Hal” M. Moffett Laura S. Achord
The Pro Bono Project seeks volun-teers for the Help Desk at Orleans Civil District Court. Morning shifts of just two to three hours are available on Mondays, Wednesdays, and Fridays.
Volunteers will explain the filing process and provide court forms to self-represented litigants who otherwise may not qualify for legal aid or be able to afford private counsel. Volunteers do not give legal advice, but assist visitors with general information.
If you are interested, please email Kathleen Legendre at
To place an announcement in Briefly Speaking,
email Amy Gonzales at [email protected]
for pricing information.
Alan H. Good-man, a partner in Breazeale, Sachse & Wilson, L.L.P.’s Commercial Litiga-tion Group in the New Orleans of-fice, was selected as a member of the
New Orleans CityBusiness Leadership in Law Class of 2018.
The law firm of Smith & Fawer, LLC is pleased to announce that Randall A. Smith, founding mem-ber and managing partner, has been selected by the
Owner’s Counsel of America to serve as Chair of the Board of Directors for 2018.
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard is proud to announce that five attorneys have been named shareholders in the firm, recogniz-ing their extensive contributions to Lugenbuhl’s insurance, bankruptcy and litigation practices. New share-holders include Anne Briard, Joseph Briggett, Dan Centner, Meredith Grabill and Shaundra Schudmak, from the New Orleans headquarters.
Anne Briard Joseph Briggett
Meredith Grabill Shaundra Schudmak
Dan Centner
Lugenbuhl, Wheaton, Peck, Rankin & Hubbard shareholder Ashley Belleau has been named to the Top 25: 2018 Women Louisiana Super Lawyers list.
The New Orleans Bar Association is currently accepting nominations for the Presidents' Award. This award honors New Orleans lawyers for a lifelong commitment to community service in the highest ideals of citizen-ship.
Submit your nominations to Helena Henderson at
Submission deadline is April 30, 2018
Liskow & Lewis is pleased to con-gratulate Tiffany Davis and Shannon Holtzman for being selected to New Orleans CityBusiness’ Leadership in Law Class of 2018.
calendar of eventS
April 3, 2018
April 11, 2018
April 12, 2018
April 13, 2018
April 18, 2018
April 20-22, 2018
April 25, 2018
April 26, 2018
YLS Meeting
Business Transactions Committee CLE
Minorities in the Profession CLE
Construction Law Committee CLE
Tricentennial Event at the Cabildo
2018 Bench Bar Conference
Property Law Committee Meeting
Complex Litigation Committee Meeting