December 2016

Jason Waguespack, Keith Jarrett and Paul Sterbcow Distinguished Maritime Lawyer Award Luncheon The 2016-17 Get Involved in one of NOBA’s Committees Board of Directors • Appellate Practice • Labor & Employment Law • Bankrupty & Debtor/Creditor • Maritime & International Law Christopher K. Ralston Rights • Minorities in the Profession President • Business Litigation • Oil & Gas Law • Business Transactions • Pharmaceuticals/Medical Dana M. Douglas • Civil Rights Devices President-Elect • Class Actions • Products Liability • Complex Litigation • Real Property Law • Construction Law • Solo & Small Firms Steven J. Lane • Criminal Law • Study Group on Cuba Vice-President • E-Discovery • Study Group on Panama • Entertainment and Intellectual Jason P. Waguespack Property Law • Tax Law Vice-President • Environmental Law/Toxic Torts • Technology • Family Law • Wellness & Stress Management • Wills/Trusts/Successions James M. Williams • Healthcare Law • Women in the Profession Vice-President • Immigration Law • Insurance Law • Workers’ Compensation Law Jan M. Hayden Contact Liz Daino at (504) 525-7453 or [email protected] Secretary

Paul M. Sterbcow RENEW YOUR NOBA MEMBERSHIP TODAY! Treasurer Three easy ways to renew your NOBA membership: Judy Y. Barrasso Past President 1. Online. Visit www.neworleansbar.org and renew under the membership tab Dawn M. Barrios President, Bar Foundation 2. Mail payment. The dues invoice can be found under the membership tab on the website Aaron B. Greenbaum Young Lawyers Chair 3. Call NOBA’s Membership Services Coordinator, Morgan Ellis, at 504-525-7453 Terms Ending 2017 Camala E. Capodice Mark A. Cunningham Briefly Speaking Editor: Kelsey Meeks William B. Gaudet Robert P. Thibeaux

Terms Ending 2018 A Fresh Perspective Rachael D. Johnson Peter E. Sperling On Your Case Joseph P. Tynan Sharonda R. Williams

Terms Ending 2019 Lisa M. Africk Albert J. Derbes, IV James C. Gulotta, Jr. Darryl M. Phillips

Helena N. Henderson Executive Director www.TomFoutzADR.com DISPUTE RESOLUTION

PAGE 2 - BRIEFLY SPEAKING 16054.FTZ_noba_f_j-4.875x3COLORv02.indd 1 7/11/16 3:49 PM R. Keith Jarrett Receives 2016 Distinguished Maritime Lawyer Award

Liskow & Lewis recipients of the Distinguished Maritime Award. Gene Fendler, 2014; Keith Jarrett, 2016; and Don Abaunza, 2008

n October 26, 2016, at a celebratory luncheon held at the J.W. Marriott attended by his family, Ofriends and colleagues, this year’s Distinguished Maritime Lawyer Award was bestowed upon R. Keith Jarrett. This award was presented to Keith by Paul Sterbcow, the chair of the Maritime and In- ternational Law Committee, who, noting that the award is one of the most prestigious given in the legal community, recognized Keith as so well-deserving of the honor because not only does he “possess superb skills as a maritime and trial lawyer, but [he] applies these skills with the highest degree of ethics and professionalism.” Judge Lance Africk agreed, observing that the entire bench of the Eastern District of applauds the selection of Keith for this award as he is “highly respected, extremely knowledgeable, practical, has contributed significantly to our maritime legal jurisprudence, and knows how to disagree without being disagreeable.” Gene Fendler, Keith’s colleague at Liskow & Lewis and a prior winner of the award, praised Keith as not only a “brilliant attorney of strong character and great integrity,” but also as a “genuinely nice person,” pointing out that “everyone likes him, even his adver- saries.” Donald Abaunza, the former managing partner at Liskow & Lewis and another prior recipient of the award, recalled hiring Keith at the firm 30 years ago on the recommendation of JudgeAlvin Rubin, who called Keith the best young lawyer he had ever encountered, and how Keith eventually becoming the firm’s managing partner himself (and occupant of the corner office), having impressed his partners with his natural leadership ability because he always led by example.” Mr. Abaunza summed up the feelings of the audience when he said, “Keith always takes the high road, in law and in life. Judge Rubin was right. Well done, Keith, well done!”

Keith Jarrett is the former managing partner of Liskow & Lewis, a New Orleans-based law firm with 130+ lawyers in Louisiana and Texas. Keith works in the firm’s maritime section, where he exclusively handles litigation, primarily in the fields of maritime and oilfield torts and contracts. His mentors at Lis- kow were Don Abaunza and Gene Fendler, themselves past recipients of this award. PAGE 3 - BRIEFLY SPEAKING After growing up in a military family, Keith went connection with In re: Oil Spill by the Oil Rig to college at the U.S. Merchant Marine Academy, Deepwater Horizon, where he helped defend the where he graduated with highest honors in 1980 company in the government’s trial seeking $15 bil- with dual degrees (in marine engineering and lion in penalties for violations of the Clean Water nautical science), two Coast Guard licenses (as a Act. Other significant litigation includes explo- Third Assistant Engineer and a Third Mate), and sions, pipeline accidents, environmental restoration a Lieutenant (J.G.) commission in the U.S. Navy litigation, insurance coverage, and class-action de- Reserve. After sailing on cargo ships for two years, fense. Keith has been acknowledged in Chambers USA – America’s Leading Lawyers for Business he enrolled in Tulane LawSchool, graduating in (Litigation), in The Best Lawyers in America 1985, summa cum laude, and a member of the (Admiralty and Maritime Law), and in Louisiana Order of the Coif. Super Lawyers (Transportation and Maritime). He is a member of the New Orleans, Louisiana State, Keith then clerked for the smartest man he has ever and American Bar Associations, the Maritime Law known, the Honorable Alvin B. Rubin on the U.S. Association of the United States, the Southeastern Fifth Circuit Court of Appeals. Upon completing Admiralty Law Institute, the Louisiana Association his clerkship, he went to work at Liskow, where he of Defense Counsel, the Louisiana Bar Foundation, has practiced for the past 30 years. and the Society of Naval Architects and Marine Engineers. Since joining Liskow, Keith has been involved with a wide variety of maritime litigation including Keith married his law school classmate Holly, vessel collisions, well blowouts, pollution events, whom he credits with his success and happiness, vessel construction, and personal injury and wrong- and with whom he has three wonderful children ful death. (Kelsey, Zack, and Sarah). Together they love to travel and to spend time at their second home in the His recent representation includes work for BP in mountains of North Carolina.

A family of lawyers: Zack Jarrett, Holly Jarrett, Keith Jarrett and Kelsey Jarrett PAGE 4 - BRIEFLY SPEAKING

Procrastinators’ Programs sm Wednesday, December 14th, 2016 By Young Lawyers, For Young Lawyers

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: Avoiding Malpractice Mistakes and What Every Young Lawyer Should Know Ashley J. Heilprin, Phelps Dunbar LLP Caitlin R. Byars, Mouledoux, Bland, Legrand & Brackett Michael S. Finkelstein, Didriksen Law Firm Cassie E. Preston, Deutch Kerrigan, LLP Alexandra V. Navarre-Davis, Equal Employment Opportunity Commission

10:10 a.m. - 11:10 a.m. Behind the Scenes with Law Clerks Zachary W. Jarrett, USDC-EDLA (for The Hon. Lance Africk) Sara F. Guruswamy, Civil District Court (former clerk for The Hon. Bernadette D’Souza) Monique D. Nolan, Civil District Court (for The Hon. Robin Giarrusso) Micah C. Zeno, 24th JDC (for The Hon. June Darensburg) Arthur Kraatz, Phelps Dunbar LLP

11:20 a.m. - 12:20 p.m. Work/Life Balance May Not Exist, But You Can Still Enjoy Both Scott L. Sternberg, Baldwin Haspel Burke & Mayer, LLC Cashauna Hill, GNO Fair Housing Action Center Skylar C. Rudin, Kuchler Polk Schell Weiner & Richeson, LLC Avery B. Pardee, Jones Walker LLP

12:20 p.m. - 1:20 p.m. Lunch on Your Own

1:20 p.m. - 2:20 p.m. 30 Practice Tips in 60 Minutes Camille R. Bryant, McGlinchey Stafford, PLLC Graham H. Ryan, Jones Walker LLP William C. Snowden, Orleans Public Defenders Cayce C. Peterson, The Lambert Firm, PLC Ashley J. Becnel, City of New Orleans

2:30 p.m. - 3:30 p.m. Champagne Taste, Beer Budget: Cost-Effective Litigation Tips for Young Lawyers Kelsey L. Jarrett, Porteous, Hainkel & Johnson, LLP Matthew A. Mang, Lobman, Carnahan, Batt, Angelle & Nader Hannah B. Salter, Cardone Law Firm Gerald J. Hampton, Jr., Attorney General’s Office

3:40 p.m. - 4:40 p.m. Professionalism: Play Nice in the Sandbox, and Other Kindergarten Lessons for Lawyers L. Rylee Area, Porteous, Hainkel & Johnson, LLP Kelly G. Juneau Rookard, Irwin Fritchie Urquhart & Moore, LLC​ Stephanie G. Gamble, Sessions, Fishman, Nathan & Israel, LLC Joseph I. Giarrusso, III, Liskow & Lewis, APLC Kimberly R. Silas, Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC

4:50 p.m. - 5:50 p.m. Legal Ramifications for Pokemon Go! Eric W. Sella, Mouledoux, Bland, Legrand & Brackett Jeffrey A. Clayman, Phelps Dunbar LLP Kelly E. Brilleaux, Irwin Fritchie Urquhart & Moore, LLC​ Craig R. Webb, Galloway Johnson Tompkins Burr and Smith

Special thanks to Ashley Heilprin & Kelsey Jarrett, Chairs of “By Young Lawyers, For Young Lawyers” program Masters of the Courtroom sm Thursday, December 15th, 2016

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 11:30 a.m. Jury Selection The Hon. Lance M. Africk, USDC - EDLA The Hon. Franz L. Zibilich, Criminal District Court Claude J. Kelly III, Criminal District Court

11:30 a.m. - 12:30 p.m. Lunch on Your Own

12:30 p.m. - 1:30 p.m. Common Evidentiary Issues The Hon. , USDC-EDLA John Jerry Glas, Deutsch, Kerrigan & Stiles, LLP R. Keith Jarrett, Liskow & Lewis, APLC

1:40 p.m. - 2:40 p.m. Managing Complex Litigation The Hon. Carl J. Barbier, USDC-EDLA Stephen J. Herman, Herman, Herman & Katz, LLP Kerry J. Miller, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

2:50 p.m. - 3:50 p.m. Motions in Limine, Preparing a Witness for Trial, Preparing for Witness Cross Examination, Opening and Closing Statements The Hon. Kern A. Reese, Civil District Court E. Paige Sensenbrenner, Adams and Reese, LLP Peter M. Mansfield, US Attorney’s Office

4:00 p.m. - 5:00 p.m. Professionalism Issues Associated with Litigation The Hon. , USDC-EDLA The Hon. Janis Van Meerveld, USDC-EDLA Darryl M. Phillips, Entergy Services, Inc.

5:10 p.m. - 6:10 p.m. Common Ethical Issues Associated with Litigation The Hon. Tiffany G. Chase, Civil District Court Jennifer L. Thornton, Stanley, Reuter, Ross, Thornton & Alford, L.L.C. Eva J. Dossier, Stanley, Reuter, Ross, Thornton & Alford, L.L.C.

Strategies for Success Offered by Master Judges, Defense, and Plaintiff Lawyers as they explore the issues that arise in complex, multi-party litigation

Ultimately, you’ll be the judge as you “Match Yourself with the Masters”

Special thanks to the “Master” of Masters of the CourtroomSM, The Hon. Lance M. Africk Procrastinators’ Programs sm Tuesday, December 20th, 2016

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: The Role of Natural Law in Louisiana Legal Practice and Ethics A presentation on the roles that justice, reason and prevailing usages play in the practice of law in Louisiana, and their application to the principles of fidelity, ethics, good morals, and professionalism. Malcolm A. Meyer, Stewart Title Guaranty Company

10:10 a.m. - 11:10 a.m. Professionalism: Quality of Life in the Practice of Law - Own Your Own Experience A unique approach to professional and quality of life in the practice of law based upon on the recognition that everyone is different and that’s a good thing! An analysis of the state of the legal profession and how you can make it work for you as opposed to the other way around. Alan J. Yacoubian, Johnson, Yacoubian & Paysse

11:20 a.m. - 12:20 p.m. E-discovery, Security, and Social Media A presentation on the security challenges at every phase of e-discovery, highlighting the benefits and challenges of the cloud. Mr. Manes will discuss encryption, giving a basic overview as well as a case study. He will also discuss the challenges and solutions for social media. Gavin W. Manes, Avansic

12:20 p.m. - 1:20 p.m. Lunch on Your Own

1:20 p.m. - 2:20 p.m. Issues with Non-Unanimous Juries Marjorie R. Esman, American Civil Liberites Union Angela A. Allen-Bell, Southern University Law Center Emily V. Maw, Innocence Project New Orleans Edward L. Tarpley, Jr., Former District Attorney of Grant Parish

2:30 p.m. - 3:30 p.m. Interdictions and Continuing Tutorships Eric M. Schorr, Sessions, Fishman, Nathan & Israel, L.L.C. Stephanie G. Gamble, Sessions, Fishman, Nathan & Israel, L.L.C. Rose S. Sher, Sessions, Fishman, Nathan & Israel, L.L.C.

3:40 p.m. - 4:40 p.m. Common (Avoidable) Mistakes Law Firms Make that Threaten Security of Client Data How do you terminate an employee in the era of BYOD (Bring Your Own Device) and still protect your firm’s data? What steps can you take to limit the likelihood they you get a ransom-ware virus that deletes all your documents? How can you encrypt your email? Mr. Bayer will offer common sense tips without trying to just scare you. Craig Bayer, Optiable

4:50 p.m. - 5:50 p.m. Insurance Bad Faith – Trends, Strategies and Rulings The Insurance Committee chairs will examine new and developing issues in extra contractual litigation; from both policyholder and insurer perspectives. David A. Strauss, King, Krebs & Jurgens, PLLC Harold J. Flanagan, Flanagan Partners, LLP Procrastinators’ Programs sm Wednesday, December 21st, 2016

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: Ten Common Mistakes Attorneys Make A countdown of the ten most common mistakes attorneys make in their practice and advice on how to both resolve current mistakes and avoid future ones. Albert J. Derbes IV, Derbes Law Firm, LLC

10:10 a.m. - 11:10 a.m. Professionalism: How to Recognize, Understand and Respect Racial, Cultural, Gender, Socioeconomic and Generational Differences Attend this seminar to learn how to recognize your own unconscious biases and interrupt those biases so you can reduce miscommunications with colleagues, and serve your clients more effectively. Alicia M. Bendana, Lowe, Stein, Hoffman, Allweiss & Hauver Kimberly R. Silas, Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC Tiffany Delery Davis, Liskow & Lewis, APLC

11:20 a.m. - 12:20 p.m. An Overview of Workers’ Compensation Issues This session will cover claims including exclusive remedy, third party claims, prescription, independent contractors, borrowing employer/special employer, and statutory employer. Christopher S. Mann, Jones Walker LLP

12:20 p.m. - 1:20 p.m. Lunch on Your Own

1:20 p.m. - 2:20 p.m. Politics and Oil and Gas Law in Louisiana Joseph I. Giarrusso III, Liskow & Lewis, APLC Dana M. Douglas, Liskow & Lewis, APLC Victor L. Marcello, Talbot, Carmouche & Marcello

2:30 p.m. - 3:30 p.m. First Amendment and Offensive and Scandalous Trademark The CLE will focus will be on the Washington Redskins litigation and the Slants litigation, which the Supreme Court considered in its October setting. Michael Q. Walshe, Stone Pigman Walther Wittmann, LLC Lesli D. Harris, Stone Pigman Walther Wittmann, LLC Marjorie R. Esman, American Civil Liberties Union

3:40 p.m. - 4:40 p.m. In a Class of Its Own: How a Mega Settlement is Deeply Unique Administration of class action settlements often presents a variety of challenging situations, but “mega settlements” raise the stakes even further. This CLE will review scenarios and challenges that have shaped one of the world’s largest class action settlements. Robin E. Pilcher, Postlethwaite & Netterville Dustin Mire, Postlethwaite & Netterville

4:50 p.m. - 5:50 p.m. Post Trial 101 – You Won! (or didn’t…) Now What? Diana K. Cochrane, Barrasso Usdin Kupperman Freeman & Sarver, LLC Procrastinators’ Programs sm Thursday, December 22nd, 2016

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: Ten Tips for Risk Management from an Ethical Perspective: A Key to Your Professional Development in the 21st Century This presentation is geared toward ten basic tips for risk management in the legal arena from an ethical perspective, with a focus on assisting practitioners in conducting their practices that comports with the standard of care established by the governing rules and decisional authorities. M. Nan Alessandra, Phelps Dunbar, LLP

10:10 a.m. - 11:10 a.m. Professionalism in Settlement Negotiations This CLE will discuss professionalism in the context of settlement negotiations. This includes their insight and experience in appropriately handling opponents, clients, mediators, and even the court. Hugh P.“Skip” Lambert, The Lambert Firm, PLC Kerry J. Miller, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

11:20 a.m. - 12:20 p.m. Do’s and Don’ts From Your Federal Magistrate Judges Hear practice tips directly from Judges Knowles, North and Van Meerveld on how best to manage your federal cases and what to do (and not do) in their courtrooms. Judge Daniel E. Knowles, United States District Court- EDLA Judge Michael B. North, United States District Court- EDLA Judge Janis Van Meerveld, United States District Court- EDLA

12:20 p.m. - 1:20 p.m. Lunch on Your Own

1:20 p.m. - 2:20 p.m. Time Sheets & Billing Tracking and billing time to clients is an important and inevitable part of working in a law firm. If you fail to bill your time, the firm cannot invoice the client and the firm does not get paid.Thus timekeeping is a function vital to law firm success. Whether you are new to billing time or a veteran time keeper, these tips can help you create prompt, accurate, and precise time entries. Debra J. Fischman, Sher Garner Cahill Richter Klein & Hilbert, LLC

2:30 p.m. - 3:30 p.m. Analyzing the Boilerplate or Miscellaneous Clauses in Contracts This CLE will cover matters such as arbitration clauses, venue, choice of law, severability, attorney’s fees, and many other such clauses. Albert J. Derbes, IV, The Derbes Law Firm, LLC Melanie M. Mulcahy, The Derbes Law Firm, LLC

3:40 p.m. - 4:40 p.m. Vocational Rehabilitation and Solutions to Louisiana’s Disability Problem Larry S. Stokes, Stokes & Associates, Inc.

4:50 p.m. - 5:50 p.m. How The State of LA Delivers Health Care: A Primer On How The ACA & Reform Are Changing The Payer Landscape Andrew V. Tuozzolo, Louisiana Department of Health Procrastinators’ Programs sm Tuesday, December 27th, 2016

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: The Natural Law- Why It Is Relevant Conrad S.P. “Duke” Williams III, The Williams Law Group

10:10 a.m. - 11:10 a.m. Professionalism: Do Unto To Others The Hon. Nakisha Ervin Knott, Civil District Court

11:20 a.m. - 12:20 p.m. Expert Advice on the Use of Special Masters in Divorce Cases Steven J. Lane, Herman, Herman, Katz, LLC Frank P. Tranchina, Tranchina & Mansfield, LLC Edith H. Morris, Morris, Lee & Bayle, LLC

12:20 p.m. - 1:20 p.m. Lunch on Your Own

1:20 p.m. - 2:20 p.m. Written Discovery in Construction Litigation This seminar presents an overview of a typical construction project and the normal legal issues that may arise. The nuances of written discovery in disputes, the documents that should be requested, the import of project documents, the questions that should be posed to contractors, design professionals, owners, and other parties will be examined and explored. Adrian A. D’Arcy, Sheilds Mott LLP Brian S. Schaps, Deutsch Kerrigan, L.L.P. Jimmy A. Castex, Jr., Deutsch Kerrigan, L.L.P.

2:30 p.m. - 3:30 p.m. How To Master the Record On Appeal Mr. LaCour will give practical pointers on how to master the record on appeal, including how to use Filemaker Pro, issue-tagging, and full-featured searching. Louis C. LaCour, Jr., Adams and Reese, LLP

3:40 p.m. - 4:40 p.m. The Deepwater Horizon Litigation: Civil, Criminal and Administrative What impact did the intense media coverage have on the cases? What ethical issues are implicated when a case is so thoroughly watched, dissected and talked about on television, radio, social media and in print? Was evidence available by the time of the criminal trials that was not at the time the civil cases were being litigated? All these questions will be answered. Shaun G. Clarke, Smyser Kaplan & Veselka, L.L.P. Kerry J. Miller, Baker, Donelson, Bearman, Caldwell & Berkowitz P.C. Paul M. Sterbcow, Lewis, Kullman, Sterbcow & Abramson

4:50 p.m. - 5:50 p.m. Small Firm, Big Team: Collaboration Tools You Should Already Be Using Collaboration tools are critical for solo and small firm lawyers because they offer an opportunity to build teams and ramp up or down. During this session, we will discuss the available solutions that will allow attorneys to reap the benefits of today’s convenient, affordable, and accessible online collaboration tools. Jade A. Brown-Russell, Russell Consulting, LLC Procrastinators’ Programs sm Wednesday, December 28th, 2016

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: Client and Witness Candor in Trial Practice Lynn Luker, Stanley, Reuter, Ross, Thornton & Alford, L.L.C

10:10 a.m. - 11:10 a.m. Fool Me Once, Shame on You (and other Thoughts on Professionalism) Stephen J. Herman, Herman, Herman, Herman & Katz LLP

11:20 a.m. - 12:20 p.m. Rights and Remedies After Judgments Once judgment is entered, what rights should the prevailing party protect and what remedies may the unsuccessful party pursue? The panelists will compare and contrast state and federal practice in writ and appellate practice as well as explore post-judgment procedures in trial courts. Carmelite M. Bertaut, Stone Pigman Walther Wittmann L.L.C. Samantha P. Griffin, Stone Pigman Walther Wittmann L.L.C. Susan M. Rogge, Barrasso Usdin Kupperman Freeman & Sarver, L.L.C

12:20 p.m. - 1:20 p.m. Lunch on Your Own

1:20 p.m. - 2:20 p.m. Emerging Law Practice Opportunities Related to Disaster Resilience & Recovery Management The session will focus on the growing need among public and private sector entities for legal counsel on strategies and investments to be more resilient from recurring natural disasters and how to recover more effectively when disasters strike. The articular focus will be on evolving regulatory issues and related client risks; along with opportunities for leveraging multiple law firm practice areas to maximize client goals. Jeffrey J. Thomas, Thomas Strategies, LLC

2:30 p.m. - 3:30 p.m. Developments in Louisiana Wetlands and Naturally Occurring Radioactive Material (NORM) Litigation Michele H. DeShazo, Kuchler Polk Schell Weiner & Richeson, LLC

3:40 p.m. - 4:40 p.m. Intellectual Property Law for the Non-IP Attorney Patent, trademark, copyright, and trade secret law for attorneys who do not routinely practice in this area. Several recent updates to the law will be discussed, including important changes involving some deadlines. Mackenzie D. Rodriguez, Garvey, Smith, Nehrbass & North, LLC

4:50 p.m. - 5:50 p.m. Data Privacy: What You Need To Know To Protect Your Clients and Yourself This panel will survey key statutes and Rules of Professional Conduct that govern data privacy, share best practices for law firms and review first party and third party insurance coverage possibilities. Abigayle C. Farris, Stone Pigman Walther &Wittmann, LLC Monica J. Manzella, Assistant City Attorney, City of New Orleans Julia Montgomery, Traveling Coaches, Inc. Carmelite M. Bertaut, Stone Pigman Walther &Wittmann, LLC Procrastinators’ Programs sm Thursday, December 29th, 2016

8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: Ethical Concerns in Succession Practice Maury A. Herman, Herman, Herman & Katz, LLP

10:10 a.m. - 11:10 a.m. Professionalism: Rules, Civility & Professionalism Leonard A Davis, Herman, Herman & Katz, LLP

11:20 a.m. - 12:20 p.m. Sales & Leases: The 2016 Update This presentation will be a review of the sales and lease laws enacted during the 2016 Louisiana legislative session and the more interesting 2015 sales and lease cases. Marie A. Moore, Sher Garner Cahill Richter Klein & Hilbert, LLC

12:20 p.m. - 1:20 p.m. Lunch on Your Own

1:20 p.m. - 2:20 p.m. Happy Lawyering: How to Manage Stress and Anxiety Buddy Stockwell, Executive Director at JLAP Leah Rosa, Clinical Director at JLAP

2:30 p.m. - 3:30 p.m. Driving is a Privilege, Not a Right - Administrative Procedure Following an Arrest for Driving While Intoxicated Carolyn Cooper, King and Cooper Law L.L.C.

3:40 p.m. - 4:40 p.m. Intellectual Property Inventory – Its Importance and Consequences of Not Having One Mr. Nehrbass will go through a typical inventory of patents, trademarks, copyrights, domain names, corporate entities, and key employees and contractors, while briefly explaining each type of property. We will discuss how you can help your clients avoid becoming a topic of future talk. A fillable form to share with your clients will be provided. Seth M. Nehrbass, Garvey, Smith, Nehrbass & North, LLC

4:50 p.m. - 5:50 p.m. Litigation in Bankruptcy Courts The program will provide an overview of how disputes are litigated in bankruptcy court, with particular discussion of bankruptcy court jurisdiction, the Federal Rules of Bankruptcy Procedure, adversary proceedings, contested matters, withdrawal of the reference, and bankruptcy appeals. Joseph P. Briggett, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard New Orleans Bar Association Membership Renewal

Membership in the Bar Association is the most important career investment you’ll ever make.

The membership year began on December 1, 2016. We invite you to continue your membership with the New Orleans Bar Associa- tion. Three easy ways to renew your NOBA membership:

1. Online. Visit www.neworleansbar.org and renew under the membership tab.

2. Mail payment. Dues invoices were mailed out in October. The dues invoice can also be found under the membership tab on Dana Douglas, 2016-17 President-Elect, the website. Chris Ralston, President 2016-17, and Judy Barrasso, Past President 2016-17. 3. Call NOBA’s Membership Services Coordinator, Morgan Ellis, at 504-525-7453.

New Orleans Bar Association Membership Pays for Itself!

Continuing Legal Education • Over 200 hours of CLE essential to your practice, including select free CLE, such as the judges featured in Approach the Bench and ... • 5 FREE on FRIDAYS: Each Friday in August, tech and practice management CLEs are free to members. • Explore the latest legal developments with the community’s leading lawyers and judges. • Free CLE and member CLE discounts more than cover the cost of your membership! • Free January Ethics & Professionalism CLES for members.

Committees • Advance your practice with 23 substantive law committees and more than 20 bar and public service committees. • Network with other lawyers and judges who share your interests and passions.

Young Lawyers Section • Get to know other young lawyers at monthly lunch meetings. • Have fun and make a difference at the gourmet law firm cook-off, the New Orleans Bar & Grille, at the fall Golf Tournament, frequent socials, or volunteer at the community Legal Fair. • Start off your practice with a full day of CLE at the Big Easy Boot Camp, free to new admittees!

And More! • Stay in the know with a weekly E-Newsletter, a monthly Calendar of Events, & our magazine. • Members can join the Lawyer Referral Service to kick-start their practice or expand their client base.

PAGE 14 - BRIEFLY SPEAKING

The Poydras Center 650 Poydras Street, Suite 1505 New Orleans, LA 70130 (504) 525-7453 Fax (504) 525-6549 www.neworleansbar.org

MEMBERSHIP APPLICATION 2016- 2017 Name ______Date of Birth ______Firm ______# of Attorneys: __ < 5 __ 5-15 __ 16—50 __ > 50 Office Address ______E-mail ______Office Phone ______Fax Number ______Law School ______Year Admitted to Practice ______Bar Roll #______State(s) Admitted to Practice______

MEMBERSHIP CLASSES Choose Your Category

ACTIVE MEMBERSHIP CATEGORIES Actively Practicing Law; Voting Member

ACTIVE: FLEUR DE LIS SUPPORTING MEMBER □ One year active membership plus waived fees for Ethics & Professionalism CLEs $500.00 throughout the year and special Fleur de Lis Award and recognition throughout the year.

ACTIVE: SUSTAINING MEMBER Actively practicing law and admitted more than 20 years. $200.00 □ One year active membership plus waived fees and special invitation for Ethics & Professionalism CLE.

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OTHER MEMBERSHIP CATEGORIES Non Voting Member

□ ASSOCIATE: Retired; Not actively practicing law $ 50.00 □ ASSOCIATE: Non-Louisiana Resident $ 50.00 □ HONORARY: Member of Judiciary (sitting judge in Orleans, Jefferson or St. Bernard Parishes exempt □ HONORARY: Member of Judiciary (Louisiana sitting judge outside Orleans, Jefferson or St. Bernard Parishes) exempt □ STUDENT: Currently enrolled in law school (applies to entire term in law school) $ 50.00 Anticipated date of graduation ______

COMMITTEES No Fees for Committee Membership. Committee Membership does not renew annually.

Substantive Law Committees Bar & Public Service Committees Young Lawyers Section Committees □ Administrative Law □ Criminal Court Pro Bono □ Approach the Bench CLE □ Appellate Practice □ Juvenile Court Pro Bono □ Food & Clothing Drives □ Bankruptcy & Debtor/Creditor Rights □ Minorities in the Profession □ Golf Tournament for Veterans Justice Fellowship □ Business Litigation NEW □ New Orleans Pro Bono Project □ Law Day Activities □ Business Transaction Law NEW □ Solo & Small Firm Practitioners □ Legalpalooza Benefit for Veterans Justice Fellowship □ Civil Rights & Civil Liberties □ Wellness & Stress Management □ Liberty Bell Award □ Class Actions □ Women in the Profession □ Naturalization Ceremonies □ Complex Litigation NEW □ Writers for Briefly Speaking □ New Admittees’ Reception □ Construction Law □ New Orleans Bar & Grille □ Criminal Law Latin - American - Initiative Cooking Competition Benefits Veterans Justice Fellowship □ Entertainment & Sports Law □ Study Group on Cuba □ Environmental Law & Toxic Torts □ Study Group on Mexico □ YLS CLE Programs □ E-Discovery NEW □ Study Group on Panama □ To receive YLS Monthly Newsletter □ Family Law □ Health Care Law □ Immigration Law □ Insurance Law □ Labor & Employment Law I understand that by providing the contact information above, I consent to □ Maritime & International Law receive correspondence sent by the New Orleans Bar Association. □ Oil & Gas Law □ Pharmaceuticals & Medical Devices □ Products Liability Signature ______□ Real Property Law □ Tax Law Date______□ Technology NEW □ Wills/Trusts/Successions Workers’ Compensation Law □ 10/05/16 Got Talent? We Want To See It!

NOBA’s Got Talent at the 2017 Bench Bar Conference

The YLS says every lawyer and judge has talent and they’re searching for next year’s contestants. The 2017 YLS Bench Bar Conference Committee is hosting the NOBA’s Got Talent competition on Friday, March 31, 2017 at the Grand Hotel in Point Clear, AL. Fun with karaoke singing, lip-synching, dancing, and other acts encouraged. Karaoke with a celebrity legal community DJ and enthusiastic audience are provided.

NOBA’s Got Talent is an opportunity for NOBA’s performers to showcase their special talents at the 2017 Bench Bar Conference 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!

To answer the YLS casting call, please send an email to Helena Henderson at [email protected]

The Patterson Resolution Group o ers dispute resolution services in complex cases to businesses and individuals across Louisiana and the Gulf South. Group Mediation members include ve former presidents of the Louisiana and State Bar Association and a retired district court judge. e members have substantive experience in disputes in Arbitration areas such as: Corporate and Business Banking of complex disputes Commercial Real Estate Employment Oil and Gas Insurance Maritime Healthcare Construction Professional Liability Products Liability Governmental

Contact Mike Patterson at 866-367-8620. Or visit the group’s website at www.pattersonresolution.com

Ross Foote Phelps Gay Thomas Hayes, III Mike McKay for more information and the article, “Getting Your Client and Yourself Ready for Mediation.”

Pat Ottinger Mike Patterson Marta-Ann Schnabel BATON ROUGE • NEW ORLEANS • LAFAYETTE • SHREVEPORT • MONROE

PAGE 18 - BRIEFLY SPEAKING

Patrons of the 2017 Annual Dinner Meeting Special thanks to the patrons who make this event possible.

Platinum Gavel

Adams and Reese, LLP Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Baldwin Haspel Burke & Mayer, LLC Barrasso Usdin Kupperman Freeman & Sarver, LLC Chaffe McCall, LLP Flanagan Partners, LLP Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC Galloway, Johnson, Tompkins, Burr and Smith, APLC Herman, Herman & Katz, LLC Irwin Fritchie Urquhart & Moore LLC Jones Walker LLP King, Krebs & Jurgens, PLLC The Lambert Firm, PLC Liskow & Lewis APLC Lugenbuhl, Wheaton, Peck, Rankin & Hubbard McGlinchey Stafford PLLC Montgomery Barnett, LLP Phelps Dunbar, LLP Pugh, Accardo, Haas, Radecker & Carey, LLC Sher Garner Cahill Richter Klein & Hilbert, LLC Simon, Peragine, Smith & Redfearn, LLP Stone Pigman Walther Wittmann, LLC Wilson Elser Moskowitz Edelman & Dicker, LLP

Golden Gavel

Bienvenu, Foster, Ryan & O’Bannon The Derbes Law Firm, LLC Lewis, Kullman, Sterbcow & Abramson Melchiode Marks King LLC Plauche Maselli Parkerson, LLP Stanley, Reuter, Ross, Thornton & Alford, LLC Taggart Morton, LLC

Silver Gavel

Lamothe Law Firm, LLC Law Office of Tim L. Fields Michael J. Mestayer, APLC O’Bryon & Schnabel, PLC Williams Law Group

Bronze Gavel

Alicia M. Bendana Warren A. Goldstein, APLC Louisiana State Bar Association Seth M. Nehrbass, Patent Attorney The Honorable Gasper J. Schiro (ret.) CONGRATULATIONS TO THE 2016-17 COMMITTEE CHAIRS BAR AND PUBLIC SERVICE COMMITTEES

ABA Delegate Dana M. Douglas

Bench Bar Conference Committee Dana M. Douglas, Chair Lisa M. Africk Angelina Christina Albert J. Derbes, IV Sandra Diggs-Miller Jan M. Hayden Stephen J. Herman The Hon. Terri F. Love The Hon. Jane T. Milazzo The Hon. Jay C. Zainey Briefly Speaking Editor Kelsey L. Meeks Continuing Legal Education Jason P. Waguespack Finance Paul M. Sterbcow Lawyer Referral Service James M. Williams Masters of the Courtroom (sm) The Hon. Lance M. Africk Membership Steven J. Lane Minorities in the Profession Kimberly R. Silas Nominating Judy Y. Barrasso Past Presidents R. Patrick Vance Planning Dana M. Douglas Pro Bono Project Delegate Jan M. Hayden Professionalism The Hon. Robin M. Giarrusso Solo and Small Firms To be announced

Study Group on Cuba Mark A. Cunningham and Jose R. Cot

Study Group on Panama Mark A. Cunningham

Wellness and Stress Management Carmelite M. Bertaut and Mandie E. Landry

Women in the Profession Lisa M. Africk

PAGE 20 - BRIEFLY SPEAKING CONGRATULATIONS TO THE 2016-17 COMMITTEE CHAIRS PRACTICE AREA COMMITTEES Appellate Practice Tad Bartlett and Martin A. Stern Bankruptcy and Debtor/Creditor Rights Christopher T. Caplinger Business Litigation Alicia M. Bendana and John Mark Fezio Business Transactions Ryan D. Adams Civil Rights Marjorie R. Esman and Hamida Labi Class Actions Kathlyn G. Perez Complex Litigation Thomas M. Flanagan Construction Law Michael S. Blackwell and Jimmy A. Castex Criminal Law James S.C. Baehr E-Discovery Andrew R. Lee Entertainment/IP Law Lesli D. Harris and Scott L. Sternberg Environmental Law Lauren E. Godshall Family Law Steven J. Lane Healthcare Law R. Christopher Martin and Carl E. Hellmers Immigration Law Kathleen C. Gasparian and Leah Spivey Insurance Law Harold J. Flanagan and David A. Strauss Labor & Employment Law Jennifer F. Kogos and Sidney F. Lewis, V Maritime & International Law Hugh P. Lambert and Jason P. Waguespack Oil and Gas Law Joseph I. Giarrusso, III and Colleen C. Jarrott Pharmaceuticals/Medical Devices Stephen G.A. Myers Products Liability Lara E. White Real Property Law Robert P. Thibeaux and Lillian E. Eyrich Tax Law Jaye A. Calhoun and Carli B. Simpson Technology Julie Rabalais Chauvin Will, Trusts, Successions Eric M. Schorr and Rose S. Sher

Workers’ Compensation Law Chief Judge Diane R. Lundeen PAGE 21 - BRIEFLY SPEAKING THE WALL OF HONOR The Veterans Protection Society Gifts $5,000-$9,999

Judy Y. Barrasso and Brent B. Barriere NOBA President NOBF Board of Directors

The Guardians for Service Rep. Walter “Walt” J. Leger, III James C. Gulotta, Jr. Gifts $1,000-$4,999 Speaker Pro Tempore, 2015-16 NOBA Board of Directors Louisiana House of Representatives Robert M. Hearin, Jr. Dawn M. Barrios Jones Walker LLP Fred L. Herman 2016-17 NOBF President Bar & Grille Sponsor In memory of Reba and Harry Herman 2014 Arceneaux Professionalism Award Montgomery Barnett, LLP Bar & Grille Sponsor Benjamin W. Kadden In memory of Joycelyn and Ernest Barrios Wayne J. Lee Leonard A. Davis 2011 Professionalism Award NOBF Secretary The Platoon Leaders Walter J. Leger, Jr. Gifts $100 to $499 2003 Presidents’ Award 2015-16 NOBF Treasurer Robert L. Manard 2014-15 NOBA President Anonymous In honor of William F. Ryan NOBA Board of Directors Baldwin Haspel Burke & Mayer, LLC Recipient of 2 Purple Hearts 2009 Presidents’ Award Recipient The Bar Staff of New Orleans Bar Association Silver Star Recipient Michael J. Mestayer Wounded 3 times, he was a 1st 2015-16 NOBF Board of Directors Helena N. Henderson, Executive Director In honor of Kevin R. Henderson Lieutenant in the 1st Battalion, Stewart F. Peck 3rd Marine Charlie Company, 2015-16 NOBF Board of Directors Paula St Martin, Administration Director Darryl M. Phillips In honor of Lloyd P. St. Martin, Jr. Vietnam 1969 2015-16 President, NOBF Elizabeth M. Daino, Program Director Judy Perry Martinez NOBA Board of Directors Emily J. Anderson, Communications 1986-87 YLS Chair In honor of In memory of John B. Anderson Audrey W. Masinter Sgt. Lawrence V. Blanchet, Jr. Morgan L. Ellis, Members Services Thomas J. McGoey II WWII, Buffalo Division O’Bryon & Schnabel PLC Silver Star Recipient Hayley M. Landry, Special Projects In memory of Charles D. Bond, Sr. Guy D. Perrier Purple Heart Recipient 1995-96 YLS Chair The Hon. Sarah S. Vance and R. Patrick Vance Nathalia Brandsetter, LRS Coordinator 2016 Presidents’ Award Rebecca Huskey, LRS Coordinator Kelly Juneau Rookard NOBF Board of Directors Alicia M. Bendana 2015-16 YLS Chair 2011-12 NOBA President Jack C. Benjamin, Jr. Norma Jane Sabiston Walter Carroll, Jr. 2016-17 Inn of Court President Peter E. Sperling 1979-80 NOBA President 1996-97 YLS Chair 2015-16 NOBA Board of Directors Entergy Services, Inc. Paul M. Sterbcow Bar & Grille Sponsor Allan Berger In honor of Dylan, Max and Brodie Geiger 2015-16 NOBA Treasurer Irwin Fritchie Urquhart & Moore LLC In honor of All Veterans Liskow & Lewis, APLC Jon G. Bethune Margaret F. Swetman Bar & Grille Sponsor In memory of James G. Dunaif Christopher K. Ralston Kim M. Boyle Laura A. Tuggle 2016-17 NOBA President 2007 Presidents’ Award Jason P. Waguespack 2007-08 NOBA YLS Chair 2002-03 NOBA President 2015-16 NOBA Board of Directors In memory of George J. “Jay” Zainey, Butler Snow LLP Sharonda R. Williams U.S. Navy, WWII Veteran Sean P. Brady 2015-16 NOBA Board of Directors Monica T. Surprenant and Mark C. Surprenant Phillip A. Wittmann 2013-14 NOBA President John J. Broders Camala E. Capodice 2015 Presidents’ Award 2010 Presidents’ Award 2003-04 NOBA President In honor of Helena N. Henderson 2015-16 NOBA Board of Directors Zachary L. Wool Stanley, Reuter, Ross, Thornton & Alford, LLC The Hon. Sidney H. Cates, IV In honor of Sidney H. Cates, III The Veterans League Coats Rose The Squad Leaders Gifts $500 to $999 Robert J. David Gifts under $100 The Derbes Law Firm, LLC Dana M. Douglas Beth E. Abramson Elizabeth J. Futrell Mark A. Cunningham In memory of Col. Richard L. Jones 2015-16 NOBA Secretary 2015-16 NOBA Board of Directors Galloway, Johnson, Tompkins, Burr & Smith, APLC 2007-08 YLS Chair Michael L. Eckstein Bar & Grille Sponsor George D. Fagan Camille E. Gauthier The Hon. Robin M. Giarrusso The Hon. Eldon E. Fallon Jessica W. Hayes In memory of Harold Michaels First American Title Company David M. Melancon World War II Veteran William B. Gaudet Kim E. Moore 2015-16 NOBA Board of Directors Ronald J. Wood AROUND THE BAR

Kanner & Whiteley has been selected as a finalist in the Pharma- ceuticals category for the National Law Journal’s 2016 Elite Trial Lawyers guide. These selections were vetted from nominations acoss Thomas M. Alan H. Joseph R. Thomas Harold Sean P. Benjamin Goodman Hugg Flanagan Flanagan Brady several categories of plaintiff law- yers, based on the particular types of Flanagan Partners, LLP, is pleased cases in which they’ve excelled. The to announce that its lawyers who winners will be announced in early have been named to the 2017 edition December. of Best Lawyers. They are Thomas Flanagan, appellate law, commer- Perrier & Lacoste is Eve B. Richard G. cial litigation, and “bet-the-compa- pleased to announce Masinter Passler ny” litigation; Harold Flanagan, Michael W. Robertson appellate practice, commercial liti- Breazeale, Sachse and Wilson, has joined the firm as an gation, insurance law, oil & gas law, Associate. L.L.P. is pleased to announce and construction litigation; and Sean that 5 lawyers in its New Orleans P. Brady, commercial litigation. office have been named to the 2017 Tom Foutz announces the forma- Edition of Best Lawyers. They are tion of TomFoutzADR located at Montgomery Barnett, L.L.P. was Thomas M. Benjamin, Commercial the Energy Centre, 1100 Poydras awarded the 2017 Best Law Firms Litigation, Litigation - Securities, Sttreet, Suite 2900, New Orleans, in Louisiana First-Tier Rankings Securities/Capital Markets Law; LA 70163; 504.237.3183; by U.S. News & World Report and Alan H. Goodman, Bankruptcy and www.TomFoutzADR.com. Creditor Debtor Rights/Insolvency Best Lawyers ©. This award is only and Reorganization Law, Litigation given to a few law firms throughout - Real Estate, Mass Tort Litigation/ Louisiana and recognizes the New Class Actions - Plaintiffs, Merg- Orleans firm for their outstanding ers and Acquisitions Law, Product and sterling legal services. Liability Litigation - Defendants; Joseph R. Hugg, Litigation - Labor Kanner & Whiteley and Employment, Eve B. Masinter, is pleased to announce Eric J. Anna Shaun P. Litigation - Labor and Employment, that Conlee Whiteley Drury Matejcek McFall and Richard G. Passler, Commer- has been chosen for Barrasso Usdin Kupperman Free- cial Litigation. the 2016 Leadership in man & Sarver, L.L.C. is pleased to Law class, recognizing announce that Eric J. Drury, Anna Deutsch Kerrigan, area professionals in Matejcek, and Shaun P. McFall L.L.P. announced the field of law for their career and have joined the firm as Associates. Victor M. Jones will community acommplishments. be joining the New Orleans office as an as- Baldwin Haspel sociate. As a litigation Kanner & Whiteley Burke & Mayer is associate, he defends is pleased to announce pleased to announce complex litigation matters and labor that Allan Kanner has that Alex S. Aughtry and employment claims. been awarded the 2016 Chambers Award for has joined the firm as Band 1 - Environment: an associate. Baldwin Haspel Burke & Mayer Litigation. has earned recertification in Meritas, a global alliance of law firms.

PAGE 23 - BRIEFLY SPEAKING MASTERS OF THE COURTROOM SM Match Yourself with the Masters Learn Trial Techniques of Master Judges, Defense & Plaintiff Lawyers

December 15, 2016 Pan-American Life Center, 11th Floor Auditorium

Call NOBA at 525-7453 to register.