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Supplement to the Louisiana Bar Journal 11 Louisiana Bar Journal August / September 2020 73 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 73 Vol. 68, No. 2 www.lsba.org

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August / September 2020 Volume 68, Number 2 Departments Features Editor’s Message...... 77 One on One with Alainna R. Association Actions...... 102 Mire, 80th LSBA President: Practice Management...... 114 “2020 Vision for the Future” Lawyers Assistance...... 115 with Focus on Diversity, Inclusion, Technology for All Focus on Diversity...... 116 Interviewed by Shayna L. Puzzle...... 118 Sonnier...... 79 Discipline Reports...... 120 Client Assistance Fund...... 124 Recent Developments...... 126 Celebrating Women in Young Lawyers...... 140 Leadership and the 100th Judicial Notes...... 148 Anniversary of the 19th Amendment People...... 150 News...... 153 By Kelly M. Rabalais...... 86 Minimum Qualifications for Special Assistant AG...... 157 LSBA’s Women Presidents: Classified...... 158 Perspectives on Leadership, The Last Word...... 160 the Legal Profession and the Also Inside 19th Amendment SOLACE...... 118 By Marta-Ann Schnabel, Hon. Elizabeth Erny Foote, Advertisers’ Index...... 159 Kim M. Boyle and Dona Kay Renegar...... 94

Much More Than Masks: Legal Issues Facing People with Disabilities and Who Can Help By Lauren E. Godshall...... 98

Meet the 2020-21 Board of Governors...... 103

On the Cover: Alainna R. Mire, 80th LSBA Meet the 2020-21 Young President. Photo by Sarah Boehringer, Kinetix. Lawyers Division Council...... 142

Louisiana Bar Journal August / September 2020 74 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 75 Vol. 68, No. 2 www.lsba.org ® Officers 2020-21 President Editorial Board

Alainna R. Mire • (318)449-5046 þ Patrick A. Talley, Jr. þ Claire McDaniel-Ojeh President-Elect Editor (504)528-9500 H. Minor Pipes III • (504)322-7101 (504)584-9220 þ John H. Musser V Secretary (504)523-0400 Patrick A. Talley, Jr. • (504)584-9220 þ Danielle L. Borel (225)387-4000 þ Roy H. (Hal) Odom, Jr. Treasurer (318)227-3762 John E. McAuliffe, Jr. • (504)840-4909 þ Rachel P. Dunaway Immediate Past President (225)922-5110 þ Kelly M. Rabalais Robert A. Kutcher • (504)830-3838 (985)898-2445 þ Stephen I. Dwyer (504)838-9090 þ Graham H. Ryan Board of Governors 2020-21 (504)582-8370 First District þ Laura S. Gravener (504)554-5807 þ Maggie Trahan Simar Lawrence J. Centola III • (504)581-9065 (337)394-6133 Scott L. Sternberg • (504)324-2141 þ Mark A. Hill Second District (504)526-4337 þ Gail S. Stephenson (225)771-4900, x 216 Erin O. Braud • (504)836-2780 þ Michael D. Lane Third District (504)581-3300 þ Tyler G. Storms Dwazendra J. Smith • (337)948-8008 (318)255-7805 þ Winfield E. Little, Jr. Fourth District (337)430-0907 þ Adrejia L. Boutte Swafford Todd S. Clemons • (337)477-0000 (504)561-5700 þ C.A. (Hap) Martin III Fifth District (318)388-4700 þ Edward J. Walters, Jr. Kelly M. Rabalais • (985)871-5837 (225)236-3636 Adrian G. Nadeau • (225)922-5110 þ John E. McAuliffe, Jr. (504)840-4909 þ Sixth District Jack K. Whitehead, Jr. (225)303-8600 Edward L. Tarpley, Jr. • (318)487-1460 Seventh District Paul L. Hurd • (318)323-3838 The Louisiana Bar Journal (ISSN 0459-8881) is published bimonthly by Eighth District the Louisiana State Bar Association, 601 St. Charles Avenue, New Orleans, Patrick J. Harrington • (318)303-6833 Louisiana 70130. Periodicals postage paid at New Orleans, Louisiana and additional offices. Annual subscription rate: members, $5, included in dues; Chair, Young Lawyers Division nonmembers, $45 (domestic), $55 (foreign). Canada Agreement No. PM Carrie LeBlanc Jones • (225)755-7575 41450540. Return undeliverable Canadian addresses to: 4240 Harvester At-Large Members Rd #2, Burlington, ON L7L 0E8. Lynn Luker • (504)669-0322 Postmaster: Send change of address to: Louisiana Bar Journal, 601 St. Tina L. Suggs • (504)442-8591 Charles Avenue, New Orleans, Louisiana 70130. Adrejia Boutté Swafford • (504)561-5700 For the fastest service or questions, call Darlene M. Loyola University College of Law Subscriber Service: LaBranche at (504)619-0112 or (800)421-5722, ext. 112. Monica Hof Wallace • (504)861-5670 Southern University Law Center Editorial and Advertising: Donald W. North • (225)505-6714 Publication of any advertisement shall not be considered an endorsement of the product or service involved. Submissions are welcome and will be Louisiana State Law Institute considered for publication by the Editorial Board. For submission guide- Zelda W. Tucker • (318)861-0884 lines, go online at www.lsba.org, click on “Publications,” then “Louisiana House of Delegates Liaison Chair Bar Journal.” Copyright © by Louisiana Bar Journal. All rights reserved. Shayna Beevers Morvant • (504)361-4287 Reproduction in whole or part without permission is prohibited. Views expressed are those of the authors only. Editorial Staff Executive Director Luminary Award 2003 Loretta Larsen, CAE National Association of Bar Executives Communications Director Communications Section Kelly Wells Ponder Excellence in Regular Publications Publications Coordinator/Managing Editor Darlene M. LaBranche International Communications Coordinator/Graphic Design Association of Barbara D. Baldwin Business Public Relations Society Communications Assistant Communicators of America New Orleans Krystal Bellanger Rodriguez New Orleans Chapter Chapter Advertising Booking Questions? ward of Bronze Quill A Call (504)619-0131. Award of Merit

Louisiana Bar Journal August / September 2020 76 Vol. 68, No. 2 www.lsba.org Editor's Message

A Truly Historic Journal for Women in Leadership By Patrick A. Talley, Jr.

e’ve been planning for, skills. It also speaks to the success of and looking forward One on One with Alainna the 19th Amendment. Truly, the 19th to, this issue of the R. Mire, 80th LSBA President: Amendment opened doors for them, and Louisiana Bar Journal “2020 Vision for the Future” they, in turn, have opened doors to citi- forW some time now. Actually, we began zens throughout Louisiana to ensure ac- ...... 79 planning this issue when I first became cess to justice for all, something they are Louisiana State Bar Association (LSBA) all very passionate about. To top it off, secretary in June 2019, so for over a year Celebrating Women in they are probably three of the genuinely now. I am still excited about it. Think Leadership and the 100th nicest people you’ll ever meet! about it — this year, for the first time in Anniversity of the 19th Amendment. And I could stop there, but the list history, we have three Louisiana women ...... 86 goes on. We also feature in this issue leading the LSBA, the Louisiana judi- perspectives from the five women presi- ciary and the American Bar Association, dents of the LSBA. We feature Alainna all contemporaneously converging dur- LSBA’s Women Presidents: Mire in her President’s Interview. We Perspectives on Leadership, the Legal ing this year marking the 100th anni- also hear from 2006-07 LSBA President Profession and the 19th Amendment versary of the 19th Amendment. This Marta-Ann Schnabel; 2008-09 LSBA ...... 94 is truly an historic moment for us and President Hon. Elizabeth Erny Foote, living proof that the 19th Amendment now federal judge for the Western opened doors. As Louisiana lawyers, we Supreme Court since 2013. Throughout District of Louisiana; 2009-10 LSBA all should be proud. I have the privilege this time, she has truly blazed the trail President Kim M. Boyle; and 2017-18 of knowing each of these three women for women in law in Louisiana. Justice LSBA President Dona Kay Renegar. In personally, and I can tell you that I could Johnson will retire from the Court at the their leadership roles as presidents of not be prouder to be a Louisiana lawyer end of this year and no doubt will blaze the LSBA, they each faced challenging at this moment in time. new trails, but, for now, she is still the issues and made historic contributions In the article by Kelly M. Rabalais Chief. to the role of women in the law profes- beginning on page 86, you will read And finally, Judy Perry Martinez. I sion and brought continued relevance more about the 19th Amendment and cannot even begin to say enough about and viability to the 19th Amendment. these very special women leaders, but her. To accomplish what she has done in You will definitely enjoy reading their suffice it to say for this introduction that her career — beginning in the 1980s as perspectives as LSBA presidents. we are indeed fortunate to have these a leader in the LSBA’s Young Lawyers I think by now you understand my three women in these important leader- Section, culminating in the presidency enthusiasm and why, as the editor of ship roles this year. of the American Bar Association (ABA) the Journal this year, I am so excited to In June, we swore in Alainna Mire to in 2019-20 — is truly admirable. bring you Volume 68, No. 2, a truly his- lead the LSBA this year, and I can as- For these three women — LSBA toric issue. It just occurred to me that, as sure you there is no one better suited and president, chief justice of the Louisiana a male, I am way outnumbered here, so better prepared to take over as president Supreme Court and ABA president — I’m going to do the smart thing and end of the Bar Association at this time. to endure the long and arduous process my comments so you can read on about Chief Justice Bernette Joshua to achieve these top leadership posi- the 19th Amendment and these impor- Johnson is well-known to all of us, tions and the elections they faced to tant women in law who have brought having been a judge for more than 40 get there speaks volumes about their it to life in Louisiana. Enjoy. . . and be years and chief justice of the Louisiana character, work ethic and leadership proud Louisiana lawyers!

Louisiana Bar Journal August / September 2020 76 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 77 Vol. 68, No. 2 www.lsba.org President’s Interview

Louisiana Bar Journal August / September 2020 78 Vol. 68, No. 2 www.lsba.org President’s Interview One on One with Alainna R. Mire, 80th LSBA President: “2020 Vision for the Future” with Focus on Diversity, Inclusion and Technology for All Interviewed by Shayna L. Sonnier

lainna R. Mire, chief resilience officer and an assistant -attor ney for the City of Alexandria, was installed June 11 as the 80thA president of the Louisiana State Bar Association (LSBA) during a ceremony at the Louisiana Supreme Court. Administering her oath of office was Louisiana Supreme Court Chief Justice Bernette Joshua Johnson. Mire received a BA degree in political science in 2000 from Louisiana State University and her JD/BCL degree in 2004 from LSU Paul M. Hebert Law Center. She was admitted to practice in Louisiana in 2004. She served as LSBA president-elect in 2019-20 and was a member of the Executive Committee, the Budget Committee and the Bar Governance Committee. She is a member of the Access to Justice Commission. Liaison Committee chair and was a mem- A former officer of the Central Louisiana She served as secretary and Louisiana ber of the LSBA’s Legislation Committee, Pro Bono Project and chair of the Alexandria Bar Journal editor in 2015-17. She served the Community Action Committee and the Bar Association’s Young Lawyers Council, as LSBA Young Lawyers Division chair, Public Information Committee. She served she is a member of the Alexandria Bar chair-elect, secretary and District 6 rep- on the Louisiana Bar Foundation’s (LBF) Association and the American Bar resentative. She served on the LSBA’s Board and its Budget Committee and co- Association. She is a former chair of the Board of Governors as House of Delegates chaired the LBF’s Membership Committee. United Way of Central Louisiana.

(Left) Alainna R. Mire, the 80th president of the Louisiana State Bar Association. Photo by Sarah Boehringer, Kinetix. (Above) Shayna L. Sonnier presented Alainna R. Mire with an award commemorating her service as Young Lawyer Section chair for 2010-11 at the 2011 LSBA Annual Meeting in Las Vegas, Nevada. Photo from LSBA Archives.

Louisiana Bar Journal August / September 2020 78 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 79 Vol. 68, No. 2 www.lsba.org the election process during that time. With all my leadership posts, it was always nice to meet people from outside of my area. Even though I’m from Scott, Louisiana, I live and work in Alexandria. Meeting people from all over the state is important because different areas have different ways of practice. The court rules are different, the courthouse is different, and there are always those unspoken rules. But, really, after I completed my service as past chair of the Young Lawyers Section, I honestly thought I was done and was going to take a break. But being involved in the LSBA is just in my blood. It’s something that I really want to do. I next became involved through the House of Delegates, serving as House of Delegates liaison committee chair to the Board of Governors. Also previously I served on the Board of Governors as Young Lawyers Section chair, prior to running for secretary and here I am. During that time, there have definitely been different - chal At the 2019 Red Mass at the Louisiana Supreme Court, from left, S. Guy deLaup, Robert A. Kutcher, lenges for the association and membership Alainna R. Mire and Patrick A. Talley, Jr. has changed. Now, we have a lot more younger lawyers in the association, which Sonnier: You are now the 80th state had access. That’s something that I we’re super excited about. Even though president of the Louisiana State Bar know is really big right now, as far as in I was “aged out” of the Young Lawyers Association (LSBA). How do you feel the Legislature with the rural broadband Division not too long ago, I’m never go- about that? access on the local level and the federal ing to let that go. But we’ve been able to Mire: I’m very excited to know there level. In a way, COVID has actually helped embrace new things. The Young Lawyers were 79 other wonderful individuals ahead all of us embrace technology. Some of our Division and the Board of Governors have of me and I get to be 80. members have embraced it a little better been able to work well together, so we can than others, but we’re going to work on represent our entire state and its member- Sonnier: What are you looking that. We’re going to work on everyone to ship. forward to most this year? be receptive to technology. That way, even Mire: Honestly, I’m looking forward though you’re alone, we’re still going to Sonnier: While speaking of that, a lot to trying to just get back to basics as far be together. of what you’ve done for the LSBA you did as getting everyone together. I believe the while a young lawyer. Are you going to take foundation of any organization should be Sonnier: You’ve been involved with that mantle to inspire our Young Lawyers togetherness, unity and being on one page. the LSBA in various forms for quite a long Division and our younger members? That’s something that we, as the LSBA, time. Since I’ve known you all that time Mire: Yes, I believe you can get in- need right now, given our current climate (we’re not going to go into how far back volved with the LSBA whenever you’re with COVID and everything going on. that goes because no one needs to date us), ready to get involved. Don’t let the fact let’s talk about your different leadership of being a young lawyer hold you back. Sonnier: I know the LSBA has made roles. You started out with the Young If someone had told me when I started on huge strides in utilizing Zoom, webinars Lawyers Council and moved up through the Young Lawyers Council in my early and other methods to allow people to do leadership. How do you think that’s to mid-20s that I would be in the position things face-to-face, albeit virtual. Will the prepared you for the president’s position? of LSBA president now at my age today, Bar continue working on that if we’re not Mire: When I started with the Young I would never have thought it possible. I allowed to meet as soon as we’d like? Lawyers, it wasn’t even a Division yet. It meet people all the time who ask how I did Mire: Yes. That’s very important. was the Young Lawyers Section. So, I will it. My answer is it’s something that I really When I was running for this president’s date myself. Through that experience, I’ve wanted and I worked hard for it. It’s just position, one of the things I wanted to met some really great people. To move up like when you’re in a law firm. There are focus on was technology and making sure through the association, I ran for LSBA people who want to be partner. There are that the entirety of our members and the secretary and actually learned more about people who want to be solos and have their

Louisiana Bar Journal August / September 2020 80 Vol. 68, No. 2 www.lsba.org own practice or those who want to be in- house counsel. If you want it bad enough, you work at it. Don’t ever let anyone tell you that it’s not your time or this is not for you. You know when it’s your time. You know when it’s for you. When you’re ready, you work for it. I’m just super excited that I’m able to let other people know that you can do that, too. The only thing that will hold you back is yourself.

Sonnier: In being involved with the LSBA, what has truly inspired you? Clearly, you love it. Clearly, you’re committed to it. But is there one particular thing that jumps out at you from your experiences with the LSBA that has really inspired you and solidified your attitude? Mire: I know I tell people this all the time when they meet me. But the first LSBA president that I ever met was Guy deLaup. When I met Guy at my first orientation, he was so welcoming to me While practicing safe social distancing, Shayna L. Sonnier interviewed Alainna R. Mire at the closed Bar Center during the pandemic. Photo by Barbara Baldwin. and all the other young lawyers, saying, “Get involved, you can do things.” At that time, I really had no involvement. I was recently out of law school. I didn’t really A Little Q&A understand the association and what was going on. Because Guy was so welcoming and, every time he saw me, he was so nice on President to me, I thought, wow, I really do want to be involved here. Then, you continue to Alainna R. Mire meet others who have that same vision. I remember when I met Wayne Lee, who Q: What’s one thing you want LSBA members to was the first African-American president of know about you? the LSBA, at the Young Lawyers Section A: I have a little dog named Beaux and he’s adorable! Diversity Luncheon. (The Diversity Committee actually started with the Young Lawyers.) I saw Wayne Lee there and I was Q: What are your plans for your term as LSBA super nervous to meet him. But I walked president? up to him, told him who I was, that I was A: Although some of my plans for the year have on the Young Lawyers Council, and I just changed, I am still interested in promoting technology wanted to say hi and introduce myself. He was just so very nice to me. He is someone for the rural members of our state and increasing that I truly respect and admire. Since then, membership activities for our diverse community. I’ve met so many wonderful presidents and, because of them, it’s the reason that I am involved because they let me know Q: What is your favorite quote about leadership? that I can be involved. That’s what I want A: “The essence of a great leader is influence, not everyone to understand. The LSBA is for authority.” all of us, whether you’re younger, whether you’re older, whether you’re a plaintiff’s lawyer, a defense lawyer, a prosecutor, Q: What are you looking forward to during your a criminal defense attorney, or in-house term? counsel. It’s for all of us. I’m a government A: Even though things are different now, hey, at least lawyer. So, the LSBA is for me, too. we get to be alone together.

Louisiana Bar Journal August / September 2020 80 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 81 Vol. 68, No. 2 www.lsba.org In 2011, Alainna Mire volunteers her time at a Wills for Heroes event, a program operated by the Young Lawyers Division that provides wills to first responders. Photo provided by LSBA archives. Alainna Mire, Edward Mire, Shayna Sonnier and Sarah Mire when Alainna Mire was sworn in as YLD Chair, at the 2010 Annual Meeting in Destin, Florida. Photo by Matthew Hinton Photography. Sonnier: In talking about the LSBA being for everyone, you know there’s al- But diversity encompasses all of that. As American and Hispanic communities. At ways discussion about how everything the LSBA, we are one organization, one the same time, you have to think about is focused south of I-10, with the rest of entity. We have to make sure our members diversity in the sense that it’s not just jobs the state not included. Obviously, you live understand that. At the same time, we or creating different things. As far as the north of I-10. Have you developed any need help from our members in south money or capitalism, it really is looking plans or do you have any strategies about Louisiana. If we invite you to an event at it from a health perspective. You have how you’re going to help our colleagues in north Louisiana, the drive works both access to justice, but we need access to ev- in the northern part of the state feel truly ways. You can come see us. I used to hear erything. That’s something I think we do included? all the time, if I didn’t call somebody need to focus on. Unfortunately, this year Mire: I know there was some back, “Oh, well, you didn’t call me.” Well, with COVID, our Conclave on Diversity discussion many years ago when the guess what? The phone works both ways. has been negatively impacted, but we’re LSBA was looking to open a satellite So does the Interstate. If I can go to you, going to work to change that next year. office in north Louisiana, which didn’t you can come to me. really work for us as far as logistics and Sonnier: You were saying you’re the financing. In the area of CLEs, Iam Sonnier: You mentioned how the fifth woman president of the LSBA and in the central part of the state and I will Diversity Committee started with the the fourth African-American president. be very honest with you. There are no Young Lawyers Section. It’s now its own How do you feel about that? LSBA-sponsored CLEs in my part of committee within the LSBA. Everybody Mire: I’m very proud that I am number the state. That’s not OK. There has been is familiar with the climate right now. five as far as females. I’m also proud some access in other parts of the state Has that inspired you or altered in some that I am numbered among the African- via the Four Corners CLEs. We have to way your plans for how the Diversity American presidents. I hope one day, move things to where the people are. The Committee is going to work this year or though, that it gets to a point where it’s Louisiana Attorney Disciplinary Board what it’s going to do? not so easy to count, where we actually has done a great job with hosting their free Mire: One of the things I’ve struggled have to Google it to reference the number CLEs all over the state. There’s no reason with over the years is that people have because there have been so many. I know we can’t do the same thing. So, we are looked at diversity only through the term we have to take those steps but it shows going to do that. That is going to be one of race. But that’s not the only diversity. that we can change if we want it bad of my biggest pushes, in addition to the At times, we, as women, have been left enough. That all starts with inclusion. technology issues. We want our members behind. There’s still work to be done for We just talked about diversity, but, at the involved and we want them to know we women. There’s still work to be done for same time, if you brought me a chair to will come to you because you are a part of African-Americans, for Pacific Islanders, the table, but if I can’t eat with you, then us. We’re all one. I know people speak of for Hispanic communities. There’s still why am I there? So you can’t just have diversity a lot, but they don’t necessarily work to be done, now more than ever with diversity in name only. You have to be see it as actually living areas, whether everything that is going on, especially included. That’s something that I want it’s rural versus urban, young versus old. starting with COVID and its dispropor- people to know, that everyone is included. tionate and negative impact in the African- Everyone can be involved. We just have to

Louisiana Bar Journal August / September 2020 82 Vol. 68, No. 2 www.lsba.org Richard K. Leefe, Barry H. Grodsky, Dona Kay Renegar, S. Guy deLaup, At the 2017 Annual Meeting, Alainna Mire presented the Stephen T. Vic- Alainna R. Mire and Robert A. Kutcher at the 2019 Annual Meeting. Pho- tory Memorial Award to the Leadership LSBA 2015-16 Class for their to by Matthew Hinton Photography. work coordinating a special issue of the LBJ commemorating the LSBA’s 75th Anniversary. Photo provided by LSBA archives.

get you going. That’s what happened with I want our members to see that the vision fices. We still need to be together in some me. I was included in a lot of different for the future involves all of us. We are the kind of way. We have to foster that col- things. That made me realize not only the vision. We have to do what’s necessary to legiality and this is how we’re doing it. value of the work of the association, but create that. That’s what I want to foster. my worth to the association and what I can Sonnier: A big thing you’ve talk- bring to the association. Sonnier: Considering everything ed about throughout this interview is going on and the uncertainty about our bringing everyone together and being Sonnier: Let’s talk about your theme future, did this make you feel that your inclusive. Let’s talk about your Board for this year, “2020: Vision for the theme is actually more on target than you of Governors for the 2020-21 Bar year. Future.” What made you choose that originally thought? That’s a rather diverse board. Would you theme? Mire: It does, because I will say this, like to elaborate more on that? Mire: It was a play on 2020 because it made me think this definitely wasn’t Mire: This is actually the most di- we always talk about 20/20 vision as be- the vision that I had. All of us being ba- verse Board of Governors we’ve ever ing perfect vision. With it being 2020 sically alone together, but it has fostered had. I think that’s remarkable as the new and the start of a new decade, I thought togetherness. I wanted us to focus on 80th president, being a young African- we were going to formulate a vision for technology and bring in the rural com- American female and having such a di- the future that encompassed tying in all munities and that’s something that’s hap- verse board from our voting members. of our members and the entire state. One pening on the legislative side as well. At The majority is female. I don’t think of the things I was trying to let people the LSBA, we’ve had to use a lot of tech- we’ve ever had that before. That also is know is that, even though we have the nology during COVID to provide free remarkable because our profession has Interstate transportation system, which resources and seminars for our members. changed so much to being predominant- connects the state physically, it some- This is a great thing we’ve been able to ly female. A lot more women are gradu- times creates a disconnect between our do. We already had a Blue Jeans video ating from law schools and they’re now people, which is one of our greatest as- conference platform for our local affiliate being able to see themselves in leader- sets and resources within our profes- bar centers that had their own buildings. ship roles. This is an amazing thing and sion. That, to me, is very unfortunate. Technology had already started to be at I’m very proud of the diversity on our There should be no I-49 divide, no north the forefront, but now we really see how board. We have a diverse board as far Louisiana versus south Louisiana. One of important it is with all of us having Go-To as the makeup of African-Americans as the things that I wanted to focus on was meetings, happy hours and other events well. This is definitely now reflecting bringing us together, whether that was virtually. This is something we need to our profession. One of the things some through technology or increased member bring us together. So, I think whether I people have said is the LSBA is an “old outreach. That’s what I plan on doing, re- saw it or not, or anyone did, the vision boys” club and that’s not so anymore. ally getting out there and meeting people. for the future is technology. It’s bring- The association might have been back I want them to know that you can call us, ing us together, even though we may then, but times are changing. We’re and we will show up. We will be there for be in different areas and different parts changing and I’m very proud of it. you. We can do all these different things. of the state, in our homes or in our of-

Louisiana Bar Journal August / September 2020 82 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 83 Vol. 68, No. 2 www.lsba.org At the 2011 Annual Meeting, Karelia Stewart, Lauren McKnight and Alainna Mire attended the At the 2016 Annual Meeting, Alainna R. Mire president’s dinner in Las Vegas, Nevada. Photo provided by LSBA archives. addresses the House of Delegates as the LSBA Secretary. Photo by Matthew Hinton Photography. Sonnier: You’ve commented that deck. We have a very limited staff, as far ditional lighting. Well, guess what? Those you’re from south Louisiana, from as the number of attorneys in-house. We concerns are both valid. We just have to Scott specifically, and you’ve moved to all do a little bit of everything and, to be figure out how to work through those. I Alexandria for work. Can you give us a bit quite honest, I wouldn’t have it any other think it’s the same thing with the many is- of insight into your day-to-day work with way. I’m never bored. I’m always learn- sues that we face at the LSBA. So, yes, I the city? What does your work life entail? ing something different. There are things I truly believe that my work experience has Mire: Coming from private practice probably wouldn’t be exposed to if I wasn’t helped me face the challenges in the LSBA many years ago, I handled plaintiff’s work doing the work that I do. I’m very proud of president’s role. for a while and some defense work. I was that. I want other people to know that we a law clerk, which I thoroughly enjoyed, government attorneys are out there and we Sonnier: We’ve talked a lot about and I would’ve probably done that for the hit the ground running just like everyone what’s inspired you and your different rest of my life. Working for Judge John else. It’s just that our day-to-day looks dif- activities with the LSBA. What are some Davidson, I was his first law clerk. We ferent than someone in private practice. things you enjoy doing in your personal grew up together in that sense as far as the time? Who is Alainna Renee Mire when court system, which was amazing. Then I Sonnier: Did that all-hands-on-deck she’s not wearing her LSBA hat? eventually transitioned to the city. I didn’t experience you’ve had with your job help Mire: I spend time with my dog, fully know about the inner workings of prepare you for the ebbs and flows of the Beaux. If at all possible, I love to be at the local government, as far as being on the LSBA? beach. I like to be by water. I like to hang inside and being legal counsel. I am a po- Mire: Quite frankly, I think it has. out with my friends. I’m actually very sim- litical science major, so I knew politics. I There are times with different elections ple. That’s it, boring? know governmental structure and different where our leadership changes, not just the things, but I wasn’t from Alexandria. This administration, but our city council, too. Sonnier: You’ve not mentioned any- definitely was a learning curve to see how With the legal division I work in, we are thing about LSU, which kind of surprises things worked. With most of our members the go-between for the administration and me. being so diverse at times, I feel like we for- the city council. We always have to work Mire: Well, that’s not my personal get about those individuals who work for with a diverse group of people. The LSBA time. That’s just who I am. Geaux Tigers! federal, state or local governments. That is very similar. We are a very diverse group work is different from other areas of prac- of people and you have to be able to col- Shayna L. Sonnier, a partner in the Lake Charles firm of Hunter, Hunter & Sonnier, L.L.C., served as 2018- tice and my day-to-day duties can change laborate and work with other people. I said 20 treasurer for the Louisiana State Bar Association at the drop of a hat. Some days, I may be this before that I prefer to work through (LSBA). She received a bachelor’s degree in 2000 advising our utility director about issues influence and not authority. That’s some- from the University of Louisiana-Lafayette and her that we’re having or I’m working with thing you have to do when you’re in gov- law degree in 2003 from Dedman School of Law, Southern Methodist University. She also served as someone about policies and procedure. Or ernment, when you have to work across Fourth District representative on the LSBA’s Board I could be talking to outside counsel and different aisles, whether it’s party lines or of Governors and served as chair, immediate past discussing strategies for a case they’re different districts. While some people may chair, chair-elect, secretary and District 4 repre- handling for us. It really is different every be concerned with potholes in their dis- sentative on the LSBA’s Young Lawyers Division Council. ([email protected]; 1807 Lake St., day. In Alexandria, it is truly all-hands-on- trict, others are concerned with adding ad- Lake Charles, LA 70601)

Louisiana Bar Journal August / September 2020 84 Vol. 68, No. 2 www.lsba.org 27th AnnuAl lOuISIAnA StAtE BAR ASSOCIAtIOn ADmIRAltY SYmpOSIum SEptEmBER 18, 2020 – nEw ORlEAnS Richard J. Arsenault, Seminar Chair Please join respected members of the Bench and Academia, along with experienced Admiralty practitioners from both sides of the “V” as they provide unique insight into key maritime issues. Featured Speakers Have Included:

Hon. Jane Triche Milazzo • Hon. John W. deGravelles • Hon. Dee D. Drell Hon. Daniel E. Knowles III • Hon. Jay Zainey • Hon. Richard T. Haik, Sr. (ret.) Prof. Tom Galligan • Lindsey Cheek • Dustin Carter • Blake David Jeff Tillery • Darleen Jacobs • J. Neale deGravelles • Steve Herman • Alan Breaud Jerome Moroux • Jean Paul Overton • Richard T. Haik, Jr. • J. Christopher Zainey, Jr. Kenneth Engerrand • Wesley J. Gralapp • Richard Stanley • Peggy Giglio • Leslie Schiff Chase Gore • Lynn Luker • Michael S. Koch • John Yadamec • J. Michael Veron • Special Master Gary Russo • Val Exnicios • Hal Broussard Charles Plattsmier • Ginger Susman • Scott Freeman • Blake Deady • Will Shapiro Judge Carl Barbier • Prof. Martin Davies • Prof. Nick Davrados • Judge Eldon Fallon Prof. Robert Force • Judge Glenn Norton • Prof. Dean Sutherland For more information and to register online, please visit: www.lsba.org/CLE Louisiana Bar Journal August / September 2020 84 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 85 Vol. 68, No. 2 www.lsba.org Celebrating Women in Leadership and the 100th Anniversary of the 19th Amendment

By Kelly M. Rabalais

Louisiana Bar Journal August / September 2020 86 Vol. 68, No. 2 www.lsba.org at least 72 years, many women call of leadership and provide elebrating leaders fought a peaceful but a real-life example of just how women in unrelenting fight for the right far women can go. leadership to vote, inspiring women for Attorneys across Louisiana seems decades to come. Today’s and beyond have taken fitting as we mark women leaders of our Bar are notice of the convergence of the 100th anniversary of the just as impressive. three particular women, who adoption of the 19th Amendment As I thought about women in currently hold (or recently held) to the U.S. Constitution this leadership throughout history, it major leadership positions in month (ratified on Aug. 18, did not take long to connect the our profession. Bernette Joshua 1920). We honor the dedicated, many dots to the awe-inspiring Johnson continues to serve as steadfast women leaders who accomplishments of the women chief justice of the Louisiana persevered through decades of of the Louisiana Bar, many of Supreme Court. Her legendary protests to obtain the passage whom have held leadership service remains to be the most of the 19th Amendment, positions while reaching these concrete example of authentic wherein women were granted achievements. It is imperative leadership in our state. Judy the right to vote. The most to remember how far women Perry Martinez served as notable figures in the women’s have come since obtaining the 2019-20 president of the suffrage movement were the right to vote. However, American Bar Association and Susan B. Anthony, Elizabeth discussing the authentic trials Alainna R. Mire is the 2020- Cady Stanton and Lucy Stone. and triumphs of current women 21 president of the Louisiana Some argue that the women’s leaders of our Bar is equally State Bar Association. These suffrage movement lasted 100 important. It is a privilege to women are living, breathing years but most agree the effort pay homage to the following examples of what it means to be started in earnest at the 1848 women who have heeded the distinguished leaders. Seneca Falls Convention. For

(Left) American Bar Association President Judy Perry Martinez, Louisiana Supreme Court Chief Justice Bernette Joshua Johnson and LSBA President Alainna R. Mire. Photo by Matthew Hinton Photography.

Louisiana Bar Journal August / September 2020 86 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 87 Vol. 68, No. 2 www.lsba.org Three Louisiana Supreme Court Justices, from left, Justice Jeannette Theriot Knoll, now retired; Chief Justice Catherine D. Kimball, now retired; and current Chief Justice Bernette Joshua Johnson. Photo provided by Louisiana Supreme Court.

Chief Justice Bernette Joshua Johnson nect and embed these moral foundations Chief Justice is the first African-American chief justice to the practice of law is one accomplish- of the Louisiana Supreme Court and only ment that will last forever. Bernette the second female chief justice to serve. She When I spoke to Chief Justice was the first woman elected to the bench Johnson, she was passionate about of Orleans Parish Civil District Court in how paramount the passage of the 19th Joshua 1984. The word “trailblazer” does not even Amendment was to setting women on a begin to embody the depths of her public course of leadership. In her own words, Johnson service or the value of her success in the le- she expressed how the work of women gal profession. The number of awards and leaders is a marathon, a journey of steady honors bestowed upon her are voluminous work over many years. Further, she reit- and warranted. Two notable awards were erated the importance of paying homage bestowed by the American Bar Association to the women who have stood up to fight (ABA). In 1998, she received the Margaret for equal rights. Brent Women Lawyers Achievement Chief Justice Johnson provided these Award. She also was recognized with the inspiring words: “This 100th anniversary 2010 Spirit of Excellence Award from the of women’s right to vote was not easily ABA’s Commission on Racial and Ethnic won. It was the result of a hard-fought Diversity. battle in which many women sacrificed, Several themes traverse Chief Justice suffered, yet succeeded in pursuit of hav- Johnson’s career and accolades, such as ing their voices heard and their votes her dedication to representing the under- counted. Voting is the most basic expres- served and ensuring fairness across many sion of participation and equality in our social justice arenas. Her ability to con- democracy. Our legal system is a key

Louisiana Bar Journal August / September 2020 88 Vol. 68, No. 2 www.lsba.org component of our democracy, and the law plays a critical role in shaping our democracy. It forms the cornerstone of our civilization and helps to maintain order and ensure fairness. I joined the field of law in September 1969, a time when it was almost unthinkable that a black woman could not only become a lawyer, but to then be elected to the Judy Civil District Court bench in Orleans Parish and to eventually become the Perry 25th Chief Justice of the Louisiana Supreme Court. I am proud to say that, in my chosen profession, I am in ex- Martinez cellent company with hundreds, even thousands, of women judges around Louisiana and the nation who believe Judy Perry Martinez, ABA President. that anything is possible if you are will- ing and obedient to fight the good fight Judy Perry Martinez served as 2019-20 president of of faith.” the American Bar Association (ABA). Much attention Chief Justice Johnson acknowledged has been given to her installation as president of the ABA many historical women leaders and and rightfully so. Representing the Louisiana legal pro- how they paved the way for her success fession in such a prestigious position is profound in and today. She emphasized, “Without wom- of itself. But, serving during the 100th anniversary of the en such as suffragists and judges Susan adoption of the 19th Amendment is worthy of pause and B. Anthony, Constance Baker Motley, acknowledgement of the significance. She also set the Catherine D. Kimball, Jeannette T. standard, serving as the first female ABA president from Knoll, Anna Veters Levy, Joan Bernard the state of Louisiana. A review of Martinez’s résumé Armstrong, Sandra Day O’Connor, reveals she has been a steady and successful practitio- Gertrude B. Rush and U.S. Supreme ner in the civil arena with Simon, Peragine, Smith & Court Justice Ruth Bader Ginsburg, Redfearn, L.L.P., and as counsel for Northrop Grumman the last 100 years of progress would for more than 30 years. In addition to the many lead- have looked strikingly different. Their ership positions she has held with the ABA, she also work helped to change how women has served in several positions with the Louisiana State were viewed by society as a whole and, Bar Association (LSBA) and the New Orleans Bar therefore, how they were treated under Association. the law. It is undeniable that women In 2017, Martinez received the LSBA’s David A. have not only left their mark in the legal Hamilton Lifetime Achievement Award and the New profession, but they have also created a Orleans Bar Association’s Presidents’ Award. In 2012, victorious legacy of accomplishment. she received the Camille Gravel Pro Bono Award from These are women who have not only the New Orleans Chapter of the Federal Bar Association. endured but were endowed with the in- She is also the recipient of the 1998 Michaelle Pitard fluence and innovation to not only con- Wynne Professionalism Award from the Association of quer but also overcome every impeding Women Attorneys. The awards are many and thread a obstacle. They ran the race, which some common theme of dedication to social justice and equal- may have defined as a ‘sprint,’ but has ity for all. She illustrated this theme and her own personal proven to be a ‘marathon.’ We learned social responsibility during her installation as president that we were predestined to not just of the ABA. She said, “Our finest moments and most en- survive but to thrive. I am humbled to during contributions have been when we have used our stand alongside so many influential and voice and resources for causes about which we can act accomplished women in law.” with authority, and which we can influence with impact. From the sidelines, it is truly inspir- As lawyers, we know equality. We know liberty. And ing to observe our Chief Justice in ac- we know justice.” This specific quote emerged above all tion as a woman leader. I can only hope others when I read her speech. These words are inspiring to gain some insight from her experi- and give insight into the type of leader the Louisiana Bar ences in an effort to do my part. is honored to have in Martinez.

Louisiana Bar Journal August / September 2020 88 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 89 Vol. 68, No. 2 www.lsba.org Alainna R. Mire

Alainna R. Mire, LSBA President. Photo by Sarah Boehringer, Kinetix.

Alainna R. Mire is another Louisiana woman leader worthy of recognition. Mire was installed as Louisiana State Bar Association (LSBA) president in June. She is the fifth woman to serve as president and the youngest woman to serve in LSBA history. She is the chief resilience officer and an assistant attorney for the City of Alexandria, where she was the former human resources director. Anyone who knows Mire is very familiar with her many terms of service in various positions for the LSBA. She served as LSBA secretary and Louisiana Bar Journal editor from 2015-17. She also served as LSBA Young Lawyers Division chair, chair-elect, secretary and District 6 representative. She served on the LSBA’s Board of Governors as House of Delegates Liaison Committee chair. Mire has already served in several LSBA leadership positions and is now serving amid the COVID-19 pandemic, which will present many challenges. From her proven track of service and leadership to our Bar, I know we are in good hands. It is important for our profession to have a woman president given that women still only make up a third of licensed attorneys in Louisiana. Hopefully, with Mire’s leadership and success as an example, we will see more women enter the practice.

Louisiana Bar Journal August / September 2020 90 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 91 These three women on their own afraid of failure. I have learned to listen More paint a remarkable picture of leadership carefully to those around me, even when in the legal profession but they represent I disagree with a comment or complaint. Women just the tip of the iceberg. As I began my I have learned to figure out whether it research for this article, I learned about provides some insight into what I can do a plethora of other women leaders in our differently to further engage someone or Legal profession. I also became reacquainted incorporate their point of view in my de- with several familiar women leaders. cision making.” Leaders In the aftermath of the 2010 BP oil Judge Brown gave solid advice on spill, I crossed paths with Judge Nannette recognizing and embracing leadership Jolivette Brown, chief judge for the U.S. opportunities when they are presented. District Court for the Eastern District of She said, “I am always thinking ahead Louisiana and the current president of and planning ahead. You can miss a lot the New Orleans Chapter of the Federal of opportunities life may have to offer Bar Association. At that time, she was by being afraid to reach out because the city attorney for New Orleans. For you think you might fail and dread the the last 10 years, she has been gracious consequences of failure. Be prepared for enough to spend her time working with opportunities you may feel are beyond local bar associations. you. You have to be open to opportuni- One of my most memorable experi- ties and not be afraid to take some risks ences with Judge Brown was when she or you may not even see unconventional led a discussion with the Covington Bar opportunities when they are right before Association’s Women in Law Section, your very eyes.” which I chaired. Judge Brown’s insight As women, we often find comfort in into what it means to be a woman leader seeking guidance from other women for in the legal profession resonates with perspective on careers and leadership. I me today. I asked her about the qualities asked Judge Brown about the best ad- women possess that contribute to their vice she received about leadership and success. She said, “I consider some at- she told me, “If you find yourself hav- tributes of women leaders that lead to ing to tell people you are supposed to their success to be the ability to develop be leading that you are in charge, either positive and supportive relationships by specifically articulating the words and partnerships with people across ‘I’m the boss’ or wielding your power various industries, which support their over those you are supposed to be lead- field of expertise, and who are at various ing, you have failed as a leader. Some stages in their career. Another important leadership roles take work to develop, attribute is the ability to communicate particularly when you are leading high- clearly and effectively with a variety of level management personnel or peers in people, thereby gaining their trust, sup- general. Do your job well. Treat people port and confidence.” fairly. And communicate openly and Perhaps Judge Brown’s most com- clearly.” pelling example of what it takes to be a While on the topic of women leaders woman leader is not by her words but by in the federal courts, it is worth noting her continued leadership and actions. We that the current chief judge of the U.S. can learn a lot from her journey. When 5th Circuit Court of Appeals is Chief I asked her about lessons she learned Judge Priscilla R. Owen. throughout her career which prepared Two of the three chief judges of the her for leadership, she explained, “I have Louisiana United States District Courts learned the importance of being a good are also female. Aside from Judge listener, planning ahead and not being Brown, there is Chief Judge Shelly D.

Louisiana Bar Journal August / September 2020 90 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 91 Vol. 68, No. 2 www.lsba.org Dick of the Middle District, who was campaign committee and LeBlanc as- 19th Amendment. They were given the the first female judge appointed to the sisted with the transition team. These freedom to dream about a bigger and Middle District. are only a few highlights of LeBlanc’s brighter future. With that, they were Three of the five chief judges of the many accomplishments and leadership given the opportunity to become lead- Louisiana Courts of Appeal are female. roles throughout her career. ers. Without the actions taken by the They are Chief Judge Vanessa Guidry- LeBlanc hired me immediately out of leaders of the women’s suffrage move- Whipple of the 1st Circuit, Chief law school as a “baby lawyer,” or so she ment, we would not be able to celebrate Judge Felicia Toney Williams of the called me. Over eight years, she trained the women leaders in this article. 2nd Circuit and Chief Judge Susan M. and mentored me with much patience Many of these women would say that Chehardy of the 5th Circuit. and discipline. She was a mother of four becoming a leader was not their main Also, 73 of the state district judges and a full-time litigator, who was also motivation for devoting their time and are women. Also of particular interest, deeply committed to many civic orga- passion to their profession and outside Anne Simon sits on three of four desig- nizations. She is the most personal ex- interests. Rather, achieving leader- nated Indian Nation courts in Louisiana. ample I have of what it means to be a ship roles was simply a culmination of In 2019, Judge Bernadette D’Souza woman in leadership. their continued efforts over many years. of Orleans Parish Civil District Court When I asked LeBlanc for her Notoriety or fanfare doesn’t drive these served as the president of the National thoughts on women leaders in the legal women. That is obvious. They are mo- Association of Women Judges. profession, she did not hesitate to ex- tivated by the satisfaction that comes This record-breaking trend is con- plain her perspective. Her philosophy from working hard, giving back to their sistent with women emerging in leader- was simple. She believed that the more community, and insisting on excellence ship on a national level. The 2016 con- you have to do, the more you get done. in their profession. I think the leaders of gressional elections were dubbed “The Women traditionally juggle the many women’s suffrage would be proud that Year of the Woman,” with more women duties associated with being a wife, their efforts were so well worth it. More qualifying for office than any other year. mother and lawyer all at the same time. importantly, they would be grateful for Currently, more women hold seats in the We classically take on too much and we the continued efforts of today’s women House and Senate than ever before. have trouble saying “no.” She conclud- leaders. I know I am! Women are making strides in the ed that, if the result of all of this juggling As women, we share the responsi- corporate arena as well. The number of is that women make it to leadership po- bility and the honor of maintaining this female CEOs of Fortune 500 companies sitions, then that is lagniappe. progression. As Chief Justice Johnson is the highest ever. There is no doubt LeBlanc believes that women have a aptly put it, women are on a marathon that we are in the midst of an impressive duty to be involved in our communities, to breaking records and reaching new movement and it is a thrilling time to be and as lawyers, that duty is heightened. heights. We must all look within and ask a woman in the professional sector. I think it is safe to say that the environ- ourselves if we are carrying the torch of ment has changed a bit from the time leadership, whatever that means to each of LeBlanc’s early years as an attor- of us; if not, know that it is never too Reflections on ney. One glaring observation about the late to start. So, to all women attorneys Leadership legal profession today is that there is a and future leaders, here’s to the next 100 broader sense of acceptance and col- years! Reflecting on the many women legiality of female lawyers, which was Kelly M. Rabalais rep- leaders who I have encountered in 20 not prevalent when she entered the practice in 1983. This is in stark contrast to resents the Fifth Board years of practice, I would be remiss District on the Louisiana not to mention Patricia (Pat) LeBlanc. her early days. Often she was the only State Bar Association’s For years, she was one of just a few woman in court on rule day and the sole Board of Governors. She received a BA de- women to represent major automotive female trying cases. Over the course of her career, she has certainly illustrated gree in political science manufacturers and Japanese insurers in in 1996 from Louisiana Louisiana. She was the lead defense at- what it means for women to pave a path State University and her torney for products liability and vehicle to success while overcoming obstacles JD degree in 1999 from LSU Paul M. Hebert warranty cases across the state. She was that are directly related to being a woman in our profession. Law Center. She is a one of the founding members of the member of the Louisiana Jefferson Chamber and served as chair. Bar Journal’s Editorial Board. She thanks Edie She also served as chair of GNO, Inc. Martinez for her editing. ([email protected]; 1202 South Tyler St., Covington, LA 70433) and remains on the board of directors. Conclusion Jefferson Parish President Cynthia Lee Women were given more than the Sheng asked LeBlanc to serve on her right to vote with the adoption of the

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Louisiana Bar Journal August / September 2020 Vol. 68, No. 2 www.lsba.org LouisianaThis information Bar Journal is intended August to present / September a general overview 2020 for illustrative purposes only.Vol. It is 68, not intendedNo. 2 towww.lsba.org constitute a binding contract. Please 92 remember that only the relevant insurance policy can provide the actual93 terms, coverages, amounts, conditions and exclusions for an insured. LSBA’s Women Presidents: Perspectives on Leadership, the Legal Profession and the 19th Amendment

hen Alainna R. Mire was sworn in extraordinary women on leadership (in general), LSBA lead- as the 80th president of the Louisiana ership (in particular), reflections on the 19th Amendment, or a State Bar Association (LSBA) in June, combination of all three topics. she became the fifth Louisiana woman In her President’s Interview (beginning on page 79), Mire attorney to serve in this leadership role. discusses her progression through various leadership roles in the In this year, as the nation celebrates LSBA and credits those who contributed to her success along the the 100th anniversary of the ratification of way. She also talks about her “vision for the future,” including a the 19th Amendment to the U.S. Constitution (Aug. 18, 1920) focus on diversity, inclusion and technology. — guaranteeing all women the right to vote — the Louisiana Read on for perspectives from Marta-Ann Schnabel, Hon. Bar Journal thought it fitting to gather perspectives from these Elizabeth Erny Foote, Kim M. Boyle and Dona Kay Renegar.

omen have been voting for 100 years. Yet, women have only had the opportunity to be Just Louisiana State Bar Association (LSBA) president for the past 14 years. My stint as LSBA president broke a ceiling, but it is worth remembering that the barrier for the was in place until 2006 — even with 86 years of alleged wholesale enfranchisement as a back- Wdrop. This alone would seem to challenge the premise that the 100th anniversary of women’s suffrage is a trib- Past 14 ute to women leaders. Indeed, I was amused to learn that the first woman was elected (by Montana men) to the U.S. House of Representatives in 1917. She was prevented from voting for herself, but it did not stand in the Years... way of serving her constituents, of taking on a role which she felt to be important, in short, of her leadership. Running for LSBA president was the natural progression of my belief in our profession and my work on the Board of Governors. It was not a goal unto itself. I did not set out to be a “woman leader,” much less the “first woman president.” Still, I was not so naïve as to think nothing of being the “first.” It was only as the point was emphasized by others that I realized the impact. When it was mentioned each time I was introduced, I felt less the “woman leader” and more the carnival attraction. But Kim Boyle admonished me to embrace the characterization — that my obligation was to those who came behind me. Nothing is worse, she said, than a “first” who fails. What I did not know as I accepted her advice was what would follow — that keeping the association from imploding over financial woes and management issues in the immediate aftermath of Katrina and Rita would test my reserves of willpower and tenacity. Would there have been as many challenges had I been a man? More than likely. Would the solutions have been as effective? Maybe. But I was able to offer a viewpoint not shared by the 65 men who came before me. By Marta-Ann The Nobel Prize-winning author, Doris Lessing, in explanation/defense of her acclaimed 1962 novel, The Schnabel Golden Notebook, wrote that “this attempt on my part assumed that that filter which is a woman’s way of look- 2006-07 LSBA ing at life has the same validity as the filter which is a man’s way.” Mind you, I was all of 5 years old when her President book was published, but I stumbled upon it 12 years later, and this lesson has never left me. It seems unlikely that Alainna Mire’s leadership has its origins in the history surrounding the 19th Amendment. Rather, in the context of historical struggles, it’s a fair assumption that her forebears, male and female, would have been challenged with limited access to the voting booth until the mid-1960s (or later) and the advent of the Voting Rights Act. In honoring Alainna as a woman in the context of what is essentially white women’s history, I wonder if we are not leaving a great deal unsaid about the struggle of women of color in Louisiana? Particularly small-town and rural Louisiana? I wonder, but I cannot say for sure. It is up to Alainna to tell us, to include this piece of her in her leadership. Here is what I do know about Alainna: her life and practice experiences are unique, unlike those of any LSBA president who has come before her. She will grow the organization and its future leadership by example and experience. And here is what I honor as I watch younger women rise in this profession: they do not need anyone to tell them that the filter with which they view the world is as valid as a man’s. Occasionally I hear from younger women who think of me as a mentor, but mostly I am just a cheerleader. They are confident in themselves and in their talents. In truth, I have much to learn from them, and I relish the opportunity to do so.

Louisiana Bar Journal August / September 2020 94 Vol. 68, No. 2 www.lsba.org hat inspires me most about the 19th Amendment is the women who fought Links Between for that right. How brave must they have been in 1848 to put their names on the Declaration of Sentiments in Seneca Falls, NY. They faced personal the 19th attacks and public shaming. And it took another 70 years of brave women toW finally achieve the amendment’s ratification. and 13th Of course, it takes a long time for societal attitudes to catch up to the law. One hundred years after the amendment’s ratification, women and men are not treated equally in our Amendments country. And we are not talking about personal slights here. We are talking about discrimination that hurts a woman’s pocketbook and her health. Likewise, the 13th Amendment was ratified in 1865. But our society has yet to catch up with the concept that Black people are equal. And that discrimination is far worse than what a well-educated white woman like me endures or can imagine. For me to talk of discrimination must sound like childish whining. But there is a link between the 19th Amendment and the 13th Amendment, not just con- ceptually but historically. Many of the women who attended the Seneca Falls Convention were abolitionists. Frederick Douglass was allowed entry on the second day (no men allowed on the first day!) and spoke passionately in favor of a woman’s right to vote. Lawyers are uniquely positioned to change not just the law, but society’s attitudes. As president of your Bar, I witnessed firsthand the brave lawyers who fought for access to our courts for poor people and who tirelessly gave their services to the victims of those evil twin sisters Katrina and Rita. We must join the brave people who today risk those personal By Hon. Elizabeth Erny Foote attacks and public shaming to help our country live up to the language of its laws. 2008-09 LSBA President Our new President Alainna Mire will provide the leadership for that challenge.

n looking back to my election and swearing in as the first African-American female president of the Louisiana State Bar Association (LSBA), I remain honored by the Standing on the privilege of representing the then-21,000 members of our association and meeting and working with so many of our members across the state. Shoulders of IHowever, in having the opportunity to serve in this role, I recognize that I stood, and continue to stand, on the shoulders of many giants, some known, but many unknown. Giants These brilliant, exceptional and trail-blazing lawyers and judges who were precluded from participating as leaders in our bar association because of their gender and, in many in- stances, their race, have been the inspiration for so many of us to try to break down as many barriers as possible and to be leaders and contributors in the bar and in our communities. As the late, great Olympian Wilma Rudolph said, “Never underestimate the power of dreams and the influence of the human spirit. The potential for greatness lives within each of us.” In going back to my tenure as LSBA president in 2009-10, I would be remiss if I did not recognize Chief Justice Bernette Joshua Johnson, who is serving in her last year as Chief Justice of the Louisiana Supreme Court. Chief Justice Johnson has spent her entire legal career as a trailblazer and her career as a jurist has been marked with distinction and exemplary performance, thereby opening the doors to many minority and female attorneys to follow in her footsteps. As one of those “giants” upon whose shoulders I have stood, Chief Justice Johnson has served as a mentor and role model for hundreds of women and African-American lawyers in Louisiana as well as around the country; the list of lawyers and judges that the Chief has mentored is literally endless. So in recognizing the phenomenal women who have served as LSBA president — Marta-Ann Schnabel, our dynamic first trail-blazing female president; Judge Beth Foote, a model of professionalism and is now a federal judge; Dona Renegar, who brought so much dedication to the bar; and now Alainna Mire, the second African-American female president of the LSBA, who is faced with leading the bar through a global pandemic, but will be a strong and courageous leader during this time — I am reminded of the words of Chief Justice Johnson in addressing what female judges in general and what a female By Kim M. Boyle Supreme Court Chief Justice bring to the judiciary. In 2013, Chief Justice Johnson said this 2009-10 LSBA President and it still holds true seven years later: “Just diversity. I think we need women lawyers. We need representation from every sector. I think we benefit from a diverse legal profession. We benefit from a diverse judiciary because we all bring different experiences to the table.” I am honored to be a member of this association and look forward to serving under the leadership of our new LSBA President Alainna Mire.

Louisiana Bar Journal August / September 2020 94 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 95 Vol. 68, No. 2 www.lsba.org and have a purpose. The most per- cisions. Be ready to face those and have Leadership suasive leaders are those who feel pas- a well-founded reason for them, and sionately about the organization, its others will follow suit. Advice for Those purpose and people. That passion helps Do not be afraid to use both sides you establish and articulate a reason for of your brain to relate to people and Next in Line wanting to lead a change in direction issues. Listen carefully to the ideas, of the organization, creating additional concerns and goals of the members of services, or meeting new needs. People the organization. Relate to the leader- look to leaders for direction, creativity ship team and try to understand their and growth. If you clearly determine motivation and empathize with their and communicate the reason and basis positions. Validate their efforts and sin- of the direction in which you see the cerely appreciate their contributions. group headed, you can better persuade People need to feel heard. As a leader, and unify those around you to work to- listen more than talk. Collaborate with ward the same goal. When people be- colleagues on moving the organization lieve in the rationale behind your goals, forward as opposed to telling them what they are motivated to work toward those to do and how to do it. goals with you. Keep your eyes open for potential Lead with energy, dedication leaders and nurture their efforts. The and direction and others will follow. organization is best served when you Engaging others to work with you to- cultivate and encourage new leadership. ward a common goal creates and en- Keep an eye toward individuals who courages ownership and fosters dedica- need to be invited to become a leader, By Dona Kay Renegar tion in those who follow your example. not just those who gravitate toward 2017-18 LSBA President Think less about telling people what leadership positions. Part of leading an to do and more about the goals to be organization means looking toward the achieved. The group is then engaged future to ensure that those coming be- hen describing a col- in the journey and may suggest ideas hind you can continue the path forward league, sometimes peo- about how to reach that goal. Be open toward growth and accomplishment. ple use the phrase “natu- to discussions about different paths to When mentoring new leaders, construc- ral leader.” That term success. There is more than one way to tively criticize in private and commend isW often associated with qualities pos- skin a cat. in public. sessed by those in power such as teach- Know your strengths and weak- Recognize commitment, creativity ers, civic leaders, first responders, etc. nesses and embrace them. Be self- and achievement in those around you. “Natural leaders” are often described as aware as a leader and know where your Do not hesitate to recognize the excel- such because they are determined, deci- talents are and know those skills that lent work of your colleagues and do sive, aggressive and focused. In my 27 could use improvement. This allows so publicly and frequently. People will years of practicing law, I have noticed you to more fairly assess your own per- become more motivated and engaged that many young leaders tend to mimic formance as a leader and identify those when their accomplishments are recog- those qualities, assuming they are nec- individuals who can offer support in nized. Leading by example encourages essary to be a successful leader, but this areas where you are weaker. Building others in the organization to recognize assumption is not necessarily grounded a team fully equipped to move toward outstanding contributions by employees in fact. While many of the qualities list- a common goal increases the chance of and colleagues. Give credit where credit ed above can be useful, depending on success and can help make you stron- is due. the situation, there are as many leader- ger in those areas in which you need to In sum, when it comes to leadership, ship styles as there are people on this improve your effectiveness and perfor- there is more than one path to success. planet and all of them can be equally mance as a leader. Playing to your strengths and knowing successful. Focus on your fiduciary duties your weaknesses are the keys to truly ef- The most successful leaders are pas- and others will follow suit. Lead with fective leadership. And keeping an eye sionate about their work, authentic and an eye toward what is best for the or- on the future and an open mind about empathetic in their relation to people ganization and not what is best for any the types of leaders who can carry the and goals, and they prioritize the best individual. Remind your team of the organization’s vision further is the best interests of the organization over them- common goal and help focus discus- way to ensure continuing success. selves. sions toward achieving that goal. This Find something that interests you sometimes involves making difficult de-

LouisianaLouisiana BarBar JournalJournal AugustAugust // SeptemberSeptember 20202020 9696 Vol.Vol. 68,68, No.No. 22 www.lsba.orgwww.lsba.org Louisiana Bar Journal August / September 2020 9696 Vol.Vol. 68,68, No.No. 22 www.lsba.orgwww.lsba.org Louisiana Bar Journal August / September 2020 97 Vol. 68, No. 2 www.lsba.org Much More Than Masks: Legal Issues Facing People with Disabilities and Who Can Help

By Lauren E. Godshall

Louisiana Bar Journal August / September 2020 98 Vol. 68, No. 2 www.lsba.org hile the effects of the Rising to meet the needs of this crisis, working, want to work, or were working Louisiana organizations like Disability and were laid off as a result of COVID-19. coronavirus pandemic Rights Louisiana and Southeast Louisiana WIPA staff can help eligible people under- and ensuing shutdown Legal Services — already providing legal stand how different kinds of income- im services to this population on a daily basis, pact their public benefits. cannot be overstated, the even before the added complications of a In addition, the Financial Access impact of both on pandemic and shutdown —have respond- Inclusion & Resources (FAIR) program ed, providing information and advocacy. works with people who have disabilities, people affected by disability was who have been released from incarceration immediate and sweeping. Benefits and Legal Rights in the last 10 years, who want to work, and in a Crisis who live in Orleans or Jefferson parishes. Aisha Johnson, executive FAIR staff can help people address barriers director of Families Helping Disability Rights Louisiana to employment and financial security by Disability Rights Louisiana (formerly helping with tasks like applying for public Families NOLA, a nonprofit the Advocacy Center of Louisiana) is a benefits, setting up bank accounts, under- resource center for individuals nonprofit organization that protects and ad- standing how different kinds of income vocates for the human and legal rights impact public benefits, applying for jobs with disabilities and their families of all children, adults and seniors with and learning how to manage bills. in Orleans, Plaquemines and St. disabilities. The group has been extremely active during the COVID-19 crisis in Southeast Louisiana Legal Services Bernard parishes, reported an monitoring care facilities for individuals Southeast Louisiana Legal Services almost overwhelming uptick in with developmental disabilities, while also (SLLS) is a nonprofit organization that provides free, civil legal aid to low-income 1 responding to the immediate needs of their calls for help. “Parents were having client population. people in six offices across 22 parishes trouble with home schooling their Disability Rights Louisiana has devel- throughout southeast Louisiana. The offic- oped a detailed list, “Common COVID-19 es are located in Baton Rouge, Covington, children without computers or (Coronavirus) Related Benefits Questions Hammond, Harvey, Houma and New Internet; therapies weren’t being & Answers,” available at: https://disabili- Orleans. The SLLS client population, which tyrightsla.org/common-covid-19-corona- includes many people with disabilities, has conducted. Parents with disabilities virus-related-benefits-questions-answers/. been hit hard by both the health care and themselves couldn’t navigate This list answers common questions economic issues proliferating in the wake relating to existing benefits, and what new of the pandemic, and SLLS has responded online school issues or handle benefits people might be eligible for dur- with help in many ways, beginning with their own children’s therapy even ing the COVID-19 crisis. This document a COVID-19 Legal Helpline (1-844-244- includes information related to stimu- 7871) so people with legal problems arising if it was offered via Zoom, so kids lus payments, unemployment insurance, from COVID-19 can call for legal help. were going without therapy. IEP SNAP, SSI, Social Security, Medicaid SLLS also developed numerous and tax filing, along with links to numer- “FAQs” responding to specific issues, such (individualized education plan) ous outside resources. The list is writ- as “Stimulus Payments for SSI, Social services weren’t being delivered. ten in clear, step-by-step language and is Security and VA Recipients” (https://slls. regularly updated. For example, the unem- org/7716-2/), “SNAP (Food Stamps)” Even the lack of masks, gloves, ployment insurance section begins with an (https://slls.org/snap/) and “What are my adult diapers and wipes became explanation of who is eligible for federal rights to a safe workplace with COVID-19 Pandemic Unemployment Assistance and around?” (https://slls.org/safeworkpla- a problem for our families.” further explains how to apply and how un- ceincovid19/). Given the changing legal However, she continued, “we employment assistance may (or may not) landscape as agencies respond to the crisis, affect other benefits like Social Security these FAQs are updated regularly. are adjusting to the new normal, disability insurance and Medicaid. The organization also regularly finding supplies and reorganizing Several disability rights programs are posts “Know your Rights” videos on its offering direct assistance during the coro- Facebook page, explaining eviction issues, services, and the Governor’s office navirus crisis (and afterwards), including tax filing, how to avoid tax scams, among will be dropping off masks for us to the Work Incentives Planning & Assistance other topics (https://www.facebook.com/ (WIPA) program for people who are cur- SLLSHelps/?ref=page_internal). distribute.” rently receiving Social Security disabil- SLLS is also looking immediately ahead ity benefits or SSI and who are currently at the lifting of local eviction moratorium,

Louisiana Bar Journal August / September 2020 98 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 99 Vol. 68, No. 2 www.lsba.org

noting that “as stay-at-home orders are lift- Legal Rights to would like to meet subject matter experts ing, SLLS is preparing to defend against an Medical Care in the area, consider joining us. If you as- onslaught of eviction proceedings, to pro- sist clients with disabilities, add yourself tect vulnerable workers whose unemploy- One terrifying aspect of a pandemic for to the Disabilities Assistance Network, ment benefits are threatened, to ensure that people with disabilities is the specter of care https://www.lsba.org/Members/DANJoin. Conflict. Dialogue. Resolution. low-income families in our area can access rationing — i.e., how hospitals allocate aspx, so we can more effectively meet the 2 health care, food, and other essentials.” life-saving equipment when demand over- needs of this population. whelms supply. Louisiana’s pre-corona- Special Education When virus guidance document, “State Hospital FOOTNOTES To our clients, friends and fellow citizens: Schools Are Closed Crisis Standard of Care Guidelines in Disasters,” written in 2009 amid swine flu 1. Families Helping Families NOLA, https:// www.fhfnola.org/. When schools closed, 93,000 Louisiana fears, previously allowed hospitals, when students with varying disabilities — au- 2. https://slls.org/covid19legalresponse/. stretched to their absolute limit in terms of 3. Will Sentell, “For students with disabilities, We appreciate you now, more than ever. tism, Down syndrome, speech and vision supplies and care, to consider a patient’s coronavirus school closings bring extra challenges,” impairments and others — were suddenly pre-existing disability status in determin- The Advocate, April 4, 2020. https://www.theadvo- 3 cate.com/baton_rouge/news/coronavirus/article_ sent home. ing how care was allocated.6 However, You’ve worked with us to peacefully Federal law requires that schools provid- f59ed1ae-74e9-11ea-af8c-03be15a30eb7.html. when it became clear in the early days of 4. 34 CFR §§ 104.4, 104.33 (Section 504) and ing educational opportunities to the general the COVID-19 spread in Louisiana that 28 CFR § 35.130 (Title II of the ADA); see https:// resolve Together student population during a school closure a shortage of ventilators was a real possi- www.wrightslaw.com/info/fape.svcs.covid-19.htm deep differences. , for a fact sheet with information about schools’ legal also ensure that students with disabilities bility, disability rights advocates and civil have equal access to the same opportuni- requirements. rights attorneys mobilized, writing letters 5. “Questions and Answers on Providing Services 4 we’ve shown that resolving human conflict ties. Schools have scrambled to react with to the state department of health and filing to Children with Disabilities During the Coronavirus varying success. According to Families suit to ensure that vital medical care could Disease 2019 Outbreak (March 2020),” at https:// sites.ed.gov/idea/idea-files/q-and-a-providing-ser- Helping Families NOLA, the lack of home not be rationed on the basis of disability.7 is less about yelling and more about computers and tablets, reliable Internet and vices-to-children-with-disabilities-during-the-coro- Now those guidance documents have been navirus-disease-2019-outbreak/#citem_7096-289b. parental ability to handle online therapy and revised to reflect that medical care - deci 6. Leslie Carde, “Disabilities rights group says listening. It is less about winning than it is online learning have all presented barriers. sions need to be based on objective medi- state has remedied concerns about care ration- The Louisiana Department of Education ing,” The Lens, April 10, 2020, https://thelensnola. cal evidence and “not based on generalized org/2020/04/10/disability-rights-group-says-state- has attempted to fill the void with lists of 8 assumptions about a person’s disability.” has-remedied-concerns-about-care-rationing/. evolving. And together, despite our resources for parents and schools, avail- Importantly, the guidance document con- 7. Andrea Gallo, “In doomsday coronavirus able at: https://www.louisianabelieves.com/ cludes that: “Persons with disabilities scenario, Louisiana hospitals would prioritize pa- tients. See how it’d work,” Nola.com, April 24, students-with-disabilities. should not be denied medical care on the differences, we advance. On March 21, the U.S. Department of 2020, https://www.nola.com/news/coronavirus/ basis of stereotypes, assessments of qual- article_08230ed8-84a0-11ea-b04e-ff04bf5a5fd4. Education published a Supplemental Fact ity of life, or judgments about a person’s html. Sheet Addressing the Risk of COVID-19 relative ‘worth’ based on the presence or 8. LDH Guidance, April 16, 2020, http://ldh. While Serving Children with Disabilities.5 la.gov/assets/oph/Coronavirus/resources/provid- absence of disabilities or age.” ers/LDHMemo-bech.pdf. Peace. This fact sheet includes timelines for indi- Even better, the spread of the virus re- vidual education programs (IEPs), eligibil- versed course following the stay-at-home Lauren E. Godshall is a ity determinations, reevaluations and due orders, keeping Louisiana out of the crisis clinical instructor for the process hearings, and suggests that IEPs point where the need for ventilators and Tulane Environmental Law Clinic. She received include contingency plans to anticipate other equipment overwhelms the supply. how education goals will be met during a BA degree, high honors, in environmental school closures — a good idea moving for- sciences in 2000 from the ward, if unhelpful now. “Such contingent Conclusion University of California- provisions may include the provision of Berkeley and her JD de- As the outgoing co-chair of the gree in 2003 from New special education and related services at an Louisiana State Bar Association’s Legal York University School alternate location or the provision of online Services for Persons with Disabilities of Law. She is a former or virtual instruction, instructional tele- co-chair of the Louisiana Committee, I wanted to point out with phone calls, and other curriculum-based State Bar Association’s Legal Services for Persons pride that many of the organizations and with Disabilities Committee. She has served as instructional activities . . . .” civil rights attorneys mentioned in this ar- chair of the board of Families Helping Families of Both Disability Rights Louisiana and ticle, those people on the frontlines and do- New Orleans, which provides services and advo- Families Helping Families (there are 10 cacy for disabled people and their families, as well ing the hard work of meeting complicated FHF organizations across Louisiana) can as on the board of the Down Syndrome Association needs in a crisis, are members of the Legal of Greater New Orleans. ([email protected]; assist parents seeking to understand their le- Services for Persons with Disabilities 6329 Freret St., New Orleans, LA 70118) gal rights to amend their child’s specialized

Committee. If you are interested in the educational plans once schools reopen and PerryDampf.com | 225.389.9899 | 337.905.3128 legal needs of people with disabilities or to plan ahead for potential future closures.

Louisiana Bar Journal August / September 2020 100 Vol. 68, No. 2 www.lsba.org

Conflict. Dialogue. Resolution.

To our clients, friends and fellow citizens: We appreciate you now, more than ever. You’ve worked with us to peacefully resolve deep differences. Together, we’ve shown that resolving human conflict is less about yelling and more about listening. It is less about winning than it is evolving. And together, despite our differences, we advance. Peace.

PerryDampf.com | 225.389.9899 | 337.905.3128

Louisiana Bar Journal August / September 2020 100 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 101 Vol. 68, No. 2 www.lsba.org Association ACTIONS ELECTIONS... BOG... SPECIALIZATION

Nominating Committee to Meet Aug. 28 The Nominating Committee of the Saturday, Aug. 29. 2C, parishes of Ascension, Assumption, Louisiana State Bar Association (LSBA) On Monday, Sept. 21, notice of the ac- East Feliciana, Iberville, Lafourche, will meet on Friday, Aug. 28, in New tion of the Nominating Committee and Livingston, Pointe Coupee, St. Charles, Orleans to nominate a president-elect for the self-qualification forms for positions on St. Helena, St. James, St. John the Baptist, 2021-22 term and a secretary for the 2021- the Board of Governors, LSBA House of Tangipahoa, Terrebonne, Washington, 23 term. The president-elect will automati- Delegates, Nominating Committee, Young West Baton Rouge and West Feliciana, one cally assume the presidency in 2022-23. Lawyers Division and American Bar member; District 3A, Lafayette Parish, one According to the president-elect rotation, Association House of Delegates will be member; District 3B, parishes of Acadia, the nominee must have his/her preferred provided to the membership. Beauregard, Calcasieu, Cameron, Iberia, mailing address in Nominating Committee Deadline for return of nominations by Jefferson Davis, St. Martin, St. Mary and District 2 (parishes of Ascension, petition and qualification forms is Monday, Vermilion, one member; District 3C, par- Assumption, East Baton Rouge, East Oct. 19. First election ballots will be avail- ishes of Allen, Avoyelles, Evangeline, Feliciana, Iberville, Jefferson, Lafourche, able to members on Monday, Nov. 16. Grant, LaSalle, Natchitoches, Rapides, Livingston, Pointe Coupee, St. Charles, Deadline for electronically casting votes is Sabine, St. Landry and Vernon, one mem- St. Helena, St. James, St. John the Baptist, Monday, Dec. 14. ber; District 3D, parishes of Bossier and Tangipahoa, Terrebonne, Washington, West Caddo, one member; and District 3E, par- Baton Rouge and West Feliciana). Other Positions Open ishes of Bienville, Caldwell, Catahoula, C According to the secretary rotation, laiborne, Concordia, DeSoto, East Carroll, the nominee must have his/her preferred Other positions to be filled in the 2020- Franklin, Jackson, Lincoln, Madison, mailing address in Nominating Committee 21 elections are: Morehouse, Ouachita, Red River, Richland, District 3 (parishes of Acadia, Allen, Board of Governors (three-year terms Tensas, Union, Webster, West Carroll and Avoyelles, Beauregard, Bienville, Bossier, beginning at the adjournment of the 2021 Winn, one member. Caddo, Calcasieu, Cameron, Caldwell, LSBA Annual Meeting and ending at the Young Lawyers Division. Secretary Catahoula, Claiborne, Concordia, DeSoto, adjournment of the 2024 LSBA Annual (2021-22 term), nominee shall not be a East Carroll, Evangeline, Franklin, Grant, Meeting) — one member each from the resident of or actively practicing law in the Iberia, Jackson, Jefferson Davis, Lafayette, Sixth, Seventh and Eighth Board Districts. parishes of Orleans, Jefferson, St. Bernard LaSalle, Lincoln, Madison, Morehouse, LSBA House of Delegates (two-year or Plaquemines, based on preferred mailing Natchitoches, Ouachita, Rapides, Red terms beginning at the commencement address. Petitions for nomination must be River, Richland, Sabine, St. Landry, St. of the 2021 LSBA Annual Meeting and signed by 15 members of the Young Lawyers Martin, St. Mary, Tensas, Union, Vermilion, ending at the commencement of the 2023 Division. Also to be elected, one representa- Vernon, Webster, West Carroll and Winn). LSBA Annual Meeting) — one delegate tive each from the First, Second, Fourth, Fifth, Any member interested in seeking the from each of the Twentieth through Forty- Sixth and Eighth districts (two-year terms). position of president-elect or secretary Second Judicial Districts, plus one addi- American Bar Association House should contact members of the Nominating tional delegate for every additional district of Delegates (must be members of the Committee. Go online to: www.lsba.org/ judge in each district. American Bar Association) — one del- GoTo/NominatingCommittee. Nominating Committee (15 members, egate from the membership at large. The one-year terms beginning at the adjourn- delegate will serve a two-year term, be- Election Schedule ment of the 2021 LSBA Annual Meeting ginning with the adjournment of the 2021 and ending at the adjournment of the 2022 ABA Annual Meeting and expiring at the For the 2020-21 election cycle, balloting LSBA Annual Meeting) — District 1A, adjournment of the 2023 ABA Annual will be conducted electronically only, as ap- Orleans Parish, four members; District 1B, Meeting, as provided in Paragraph 6.4(e) proved by the LSBA Board of Governors. parishes of Plaquemines, St. Bernard and St. of the ABA Constitution. No paper ballots will be provided. Tammany, one member; District 2A, East For more information on the election The Nominating Committee report will Baton Rouge Parish, two members; District procedures and the schedule, go to: www. be submitted to the Board of Governors on 2B, Jefferson Parish, two members; District lsba.org/goto/elections.

Louisiana Bar Journal August / September 2020 102 Vol. 68, No. 2 www.lsba.org 2020-2021 Officers and Board of Governors

Officers 2017-18 H. Minor Pipes III University Paul M. Hebert Law Center Officers 2020-21 President-Elect and an LLM in energy and environmen- Alainna R. Mire H. Minor Pipes III tal law in 1993 from Tulane University President is a founding member Law School. He was admitted to practice Alainna R. Mire is of the New Orleans in Louisiana in 1980. He also is admitted the chief resilience of- firm of Pipes Miles in Texas. ficer and an assistant Beckman, L.L.C. He Pat served on the Louisiana State attorney for the City received a BA degree Bar Association’s (LSBA) Board of of Alexandria and in 1991 from Penn Governors from 2014-17 (First Board a former human re- State University and District). Prior to this service, he was sources director. She his JD degree in 1996 a member of the LSBA’s House of received a BA degree from Louisiana State H. Minor Pipes III Delegates (since 1994) and was re- in political science in University Paul M. elected to the House in 2017. He also 2000 from Louisiana Alainna R. Mire Hebert Law Center. He was admitted to is a member of the Louisiana Bar State University and practice in Louisiana in 1996. Foundation. her JD/BCL degree in 2004 from LSU Minor served as Louisiana State He is a member of the New Orleans, Paul M. Hebert Law Center. She was ad- Bar Association (LSBA) treasurer American, Federal, 5th Circuit and mitted to practice in Louisiana in 2004. from 2016-18. He represented the First Baton Rouge bar associations, the State Alainna served as Louisiana State District on the Board of Governors and Bar of Texas, the National Association Bar Association (LSBA) president- has served in the House of Delegates. of Railroad Trial Counsel (secretary elect in 2019-20 and was a member of He has co-chaired the LSBA’s Summer and Executive Committee member), the the Executive Committee, the Budget School for Lawyers. He was a member of Maritime Law Association of the United Committee and the Bar Governance the Leadership LSBA Class in 2002 and States (proctor), among others. Committee. She is a member of the received the LSBA’s President’s Award He is AV-rated by Martindale- Access to Justice Commission. She served in 2009. He served as 2015-16 president Hubbell and has been recognized in sev- as secretary and Louisiana Bar Journal of the Louisiana Bar Foundation. eral editions of Best Lawyers in America, editor in 2015-17. She served as LSBA In his community, he volunteers his including as the 2016 New Orleans Young Lawyers Division chair, chair- time with the Hogs for the Cause pro- Lawyer of the Year in railroad law. He elect, secretary and District 6 representa- gram, Kid Smart and Trinity Episcopal also has been recognized in several edi- tive. She served on the LSBA’s Board of School. tions of Louisiana Super Lawyers and in Governors as House of Delegates Liaison Minor and his wife, Jill McKay Pipes, New Orleans City Business’ “Leadership Committee chair and was a member of have been married for 21 years and are in Law.” the LSBA’s Legislation Committee, the the parents of three children. In his community, Pat currently serves Community Action Committee and the Ste. 1800, 1100 Poydras St. on the boards of the Louisiana Southeast Public Information Committee. New Orleans, LA 70163 Council Boy Scouts of America and She served on the Louisiana Bar (504)322-7101• cell (504)453-8528 Holy Name of Jesus School. He also was Foundation’s (LBF) Board and its Budget email: [email protected] a member of the Louisiana Recovery Committee and co-chaired the LBF’s Authority (Environmental Task Force Membership Committee. Patrick A. Talley, Jr. member), the New Orleans Charter A former officer of the Central Secretary Schools Foundation (vice president), Pi Louisiana Pro Bono Project and chair of Patrick A. Talley, Kappa Alpha Fraternity (international the Alexandria Bar Association’s Young Jr. is a partner in president), the Carrollton Boosters, Inc. Lawyers Council, she is a member of the New Orleans (president), the Louisiana Children’s the Alexandria Bar Association and the office of Phelps Museum, St. George Episcopal School American Bar Association. She is a for- Dunbar, L.L.P. He (trustee) and the Academy of the Sacred mer chair of the United Way of Central received a BA de- Heart (president). Louisiana. gree in 1976 from Ste. 2000, 365 Canal St. 915 3rd St., Alexandria, LA 71301 Armstrong College New Orleans, LA 70130-6534 (318)449-5046 • fax (318)449-5019 (Georgia Southern (504)584-9220 • fax (504)568-9130 Patrick A. Talley, Jr. email: [email protected] University), his JD email: [email protected] website: www.cityofalexandriala.com degree in 1982 from Louisiana State website: www.phelpsdunbar.com

Louisiana Bar Journal August / September 2020 102 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 103 Vol. 68, No. 2 www.lsba.org John E. McAuliffe, Jr. was admitted to practice in Louisiana in four children. Treasurer 1976 and in New York in 1976. Ste. 900, 3850 N. Causeway Blvd. John E. McAuliffe, Bob served as president of the Metairie, LA 70002-8130 Jr. is an attorney in Louisiana State Bar Association (LSBA) (504)830-3838 • fax (504)836-9540 the Metairie office of in 2019-20, president-elect in 2018-19 email: [email protected] Frederick A. Miller and treasurer in 2014-16. He served website: www.nolacounsel.com & Associates. He re- in the House of Delegates and on the ceived a BS degree House Liaison Committee for several BOARDBoard ofOF Governors GOVERNORS 2020-21 2020-2021 in accounting in 1975 terms. He is a member of the Legislation from the University Committee and the Committee on the Lawrence J. (Larry) Centola III of New Orleans and Profession. He was a member of the First Board District his JD degree in John E. Louisiana Bar Journal Editorial Board Lawrence J. 1978 from Loyola McAuliffe, Jr. and is a co-chair of the Summer School (Larry) Centola III is University Law School. He was admitted Planning Committee. He also served on a principal member to practice in Louisiana in 1978. the Nominating Committee and the Rules of the New Orleans Eddie served as the Louisiana State of Professional Conduct Committee. He firm of Martzell, Bar Association’s secretary and Louisiana chaired the Audit Committee in 2013 and Bickford & Centola. Bar Journal editor from 2017-19. He was received the LSBA President’s Award in He received a BA the Second District representative on the 2013. degree in politi- Board of Governors from 2014-17. He He served as a board member of the cal science in 1998 chairs the LSBA’s Unauthorized Practice Louisiana Civil Justice Center (2015-18) from Louisiana State Lawrence J. (Larry) of Law Committee, has presented pro- and the Pro Bono Project (2014-17). He University and his Centola III grams on state court rules and motions was a member of the Louisiana Attorney JD degree in 2001 from LSU Paul M. for the Bridging the Gap CLE semi- Disciplinary Board from 1993-99, chair- Hebert Law Center. He was admitted to nar and participated in the Law School ing the board in 1999. He was a mem- practice in Louisiana in 2001. Professionalism Orientations at Loyola ber of the Federal Bar Association New Larry serves on the Louisiana State University College of Law. He received Orleans Chapter from 1984-92, serving Bar Association’s (LSBA) Client the LSBA’s President’s Award in 2012 and as president in 1991-92. He is a Fellow Assistance Fund Committee and the 2019 and the LSBA’s Pro Bono Publico of the Louisiana Bar Foundation and the Nominating Committee. He served as Award in 2003. American Bar Foundation and is a master LSBA Young Lawyers Division chair in He is a member of the Louisiana in the Thomas More Inn of Court. 2012-13. He received the LSBA Young Association of Defense Counsel, the New Bob chaired the Louisiana State Lawyers Division’s Bat P. Sullivan, Jr. Orleans Association of Defense Counsel Advisory Committee to the U.S. Civil Chair’s Award in 2007. (president, 1998-99) and the New Orleans Rights Commission from 1990-94. He serves on the board of directors Bar Association. He was an associate commissioner of of the Federal Bar Association New Eddie and his wife Jean have been the Anti-Defamation League National Orleans Chapter and on the Board of married for 33 years and are the parents of Commission from 1991-2002, regional Governors for the Louisiana Association two children. chair of the Anti-Defamation League from for Justice. He serves as the torts bar ex- Ste. 1700, 3850 N. Causeway Blvd. 1992-96 and regional board member since aminer for the Louisiana Bar exam. Metairie, LA 70002 1984. In a ceremony at the United States (504)840-4909 • fax (504)835-3464 In his community, he served as presi- Supreme Court, he was presented email: [email protected] dent of Shir Chadash Conservative with the 2008 Sandra Day O’Connor Synagogue and the Jewish Community Award for Professional Service from Robert A. Kutcher Center of New Orleans. He also served as the American Inns of Court. The na- Immediate Past President a board member of the Jewish Community tional award is presented to an attorney Robert A. Kutcher Centers of North America in 1992-98. who has been practicing for fewer than is the managing part- He has been listed in Best Lawyers 10 years. ner in the Metairie (2012-2019), including 2013 New He and his wife Amy have been mar- firm of Kutcher Tygier Orleans Litigation-Real Estate Lawyer ried for 14 years and are the parents of & Luminais, L.L.P. of the Year and Lawyer of the Year 2018 three girls. He received his BS in the practice areas of closely held com- 338 Lafayette St. degree in 1972 from panies and family businesses law; and New Orleans, LA 70130 Cornell University Louisiana Super Lawyers in business liti- (504)581-9065 • fax (504)581-7635 and his JD degree, gation (2008-2019). email: [email protected] cum laude, in 1975 Robert A. Kutcher Bob and his wife, Renee B. Kutcher, website: www.mbfirm.com from Loyola University Law School. He have been married for 35 years. They have

Louisiana Bar Journal August / September 2020 104 Vol. 68, No. 2 www.lsba.org Scott L. Sternberg Erin O. Braud member of the 2013-14 Leadership First Board District Second Board District LSBA Class and served on the LSBA Scott L. Sternberg Erin O. Braud is Continuing Legal Education Program is the managing part- staff counsel for The Committee and the Access to Justice ner of Sternberg, Hartford Insurance Subcommittee on Pro Bono Award Naccari & White, Co. (Law Offices of Nominations. L.L.C., with offices Julie E. Vaicius) in Dwazendra is a member of the in New Orleans and Metairie. She received Lafayette Parish Bar Association (since Baton Rouge, where a BA degree in mass 2009), the American Bar Association he focuses on busi- communications in (since 2009) and the Lafayette Volunteer ness, general litigation 2002 from Louisiana Lawyers (LVL) Committee (since 2013). and media matters. Scott L. Sternberg State University and Erin O. Braud She served as president of the Lafayette His media focus has involved litigation her JD degree in 2005 Young Lawyers Association in 2015- for newspapers, including The Advocate, from Loyola University College of Law. 16. She was a member of the Louisiana and legal and legislative work for the She was admitted to practice in Louisiana Bar Foundation’s Acadiana Community Louisiana Press Association. He received in 2005. Partnership Panel in 2015-16. a BA degree in journalism from Louisiana Erin has served as chair, chair-elect, She received the LSBA’s Pro Bono State University and his law degree from secretary and District 2 representative Publico Award in 2012 and 2015; the LSU Paul M. Hebert Law Center. He was on the Louisiana State Bar Association’s LSBA’s Pro Bono Century Award in admitted to practice in Louisiana in 2010. Young Lawyers Division Council. She 2011, 2013, 2014 and 2015; the Lafayette Scott has served as chair, chair-elect, has participated in several Law Day and Bar Association’s Outstanding Attorney secretary and District 1 representative Constitution Day presentations. Award every year from 2010-2019; and on the Louisiana State Bar Association In her community, she serves as a the Lafayette Bar Association’s Top LVL (LSBA) Young Lawyers Division (YLD) board commissioner of the Plaquemines Award in 2014 and 2015. Council. As part of the YLD’s strategic Medical Center. Dwazendra is the mother of one child. planning, he chaired the first Louisiana Erin and her husband, S. Jacob Braud, 521 E. Landry St., Opelousas, LA 70570 Young Lawyers Conference in 2019. are the parents of three children. (337)948-8008 • fax (337)948-0098 In 2019, he received an LSBA Citizen Ste. 1040, 3900 N. Causeway Blvd. email: [email protected] Lawyer Award for his pro bono, profes- Metairie, LA 70002 sional and charitable activities. He has (504)836-2780 • fax (877)369-4892 Todd S. Clemons twice received the LSBA’s Stephen T. email: [email protected] Fourth Board District Victory Memorial Award for most out- Todd S. Clemons standing Louisiana Bar Journal article. He Dwazendra J. Smith is the founder of served on numerous LSBA committees Third Board District Todd Clemons & and was a member of the 2012-13 Dwazendra J. Associates in Lake Leadership LSBA Class. Smith is a partner in Charles. His primary He has taught at LSU and Loyola. the Opelousas office of areas of practice are He serves on the boards of the Federal Doran & Cawthorne, criminal defense, Bar Association New Orleans Chapter, P.L.L.C. She received post-conviction re- the American Red Cross for Southeast a BA degree in po- lief and general civil Louisiana, the Pro Bono Project and the litical science in 2006 litigation. He received Todd S. Clemons Louisiana Center for Law and Civic from Louisiana State his undergraduate Education. He has been recognized as University-Shreveport degree from the University of Louisiana- one of Gambit Weekly’s “40 Under 40,” as and her JD degree in Dwanzendra J. Lafayette and his JD degree, magna cum Smith a Louisiana Super Lawyer “Rising Star” 2009 from Southern laude, from Southern University Law and on New Orleans Magazine’s “Top University Law Center. She was admit- Center. He was admitted to practice in Lawyers” list. In 2020, he was named ted to practice in Louisiana in 2009 and in Louisiana in 1987. a “Leader in Law” by New Orleans Texas in 2015. Todd is a former assistant district at- CityBusiness. Dwazendra is currently an adjunct torney in Calcasieu Parish and a former Scott and his wife Breland are the par- professor teaching criminal law at the federal prosecutor in the U.S. District ents of three children and are expecting a University of Louisiana-Lafayette and Court, Western District of Louisiana. He fourth child in July. teaching professional responsibility at also served as judge pro tempore in 14th Ste. 2020, 935 Gravier St. Mitchell Hamline School of Law. Judicial District Court. New Orleans, LA 70112 She served in the Louisiana State He currently serves on the Louisiana (504)324-2141 • fax (504)534-8961 Bar Association’s (LSBA) House of Supreme Court Committee on Bar email: [email protected] Delegates from 2014-20. She was a Admissions as a bar examiner. He writes

Louisiana Bar Journal August / September 2020 104 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 105 Vol. 68, No. 2 www.lsba.org the criminal law, procedure and evidence In her community, she is a member of Edward L. Tarpley, Jr. portion of the exam. He also is a member the Safe Haven Foundation. Sixth Board District of the Judicial Council of the Louisiana Kelly and her husband, J. Michael Edward L. Supreme Court. Rabalais, Jr., have been married for 23 Tarpley, Jr. is the In his community, he is a member of years and are the parents of two children. owner of Edward L. the Sowela Foundation which raises funds 1202 South Tyler St. Tarpley, Jr., A.P.L.C., for Sowela Community College in Lake Covington, LA 70433 in Alexandria. He re- Charles. He also served as president of (985)871-5837 ceived a BA degree the board of directors of Big Brothers/Big email: [email protected] in history in 1976 Sisters of Southwest Louisiana. He is a from Louisiana State life member of Omega Psi Phi Fraternity, Adrian G. Nadeau University and his JD Inc., serving as the four-state Ninth Fifth Board District degree in 1979 from Edward L. District representative. He is a member Adrian G. Nadeau LSU Paul M. Hebert Tarpley, Jr. of Christian Baptist Church, serving as a is an equity part- Law Center. He was admitted to practice moderator and on the board of directors. ner and member of in Louisiana in 1980. Todd and his wife, Stefanie O. the Management Ed served in the Louisiana State Bar Clemons, have been married for 32 years Committee for Long Association’s House of Delegates from and are the parents of two children. Law Firm, L.L.P., in 1992-94 and 2016-18. He is a mem- 1740 Ryan St., Lake Charles, LA 70601 Baton Rouge. He re- ber of the Alexandria Bar Association, (337)477-0000 • fax (337)477-4580 ceived a BA degree the Louisiana Association of Criminal email: [email protected] in political science Defense Lawyers and The Federalist website: www.toddclemons.com and history in 1990 Adrian G. Nadeau Society. from Louisiana State He served as the district attorney for Kelly M. Rabalais University and his the 35th Judicial District, Grant Parish, Fifth Board District JD/BCL degree in 2002 from LSU Paul from 1991-97. Kelly M. Rabalais M. Hebert Law Center. He was admitted In 2018, he received the Chief is assistant vice presi- to practice in Louisiana in 2003. Justice Pascal F. Calogero, Jr. Lifetime dent of strategic plan- Adrian served in the Louisiana State Achievement Award from the Louisiana ning and implementa- Bar Association’s (LSBA) House of Association of Criminal Defense Lawyers tion for St. Tammany Delegates and was a member of the and the Kevin Kane Justice Award from Health System. She 2008-09 Leadership LSBA Class and the Louisiana Family Forum. received a BA degree co-chair of the 2009-10 Leadership In 2019, he was honored by the Urban in political science in LSBA Class. League of Louisiana with an award 1996 from Louisiana He is a member of the Baton Rouge for his work with the Unanimous Jury State University and Kelly M. Rabalais Bar Association and a former chair Coalition and his leadership in restoring her JD degree in 1999 of its Construction Law Section. He the unanimous criminal jury verdict in from LSU Paul M. Hebert Law Center. also is a member of the American Bar Louisiana. Kelly was elected to the Louisiana Association’s Forum on the Construction In his community, he is a member State Bar Association’s Nominating Industry. of the Alexandria Rotary Club and vice Committee in 2018, 2019 and 2020 and In his community, he is a member president and a board of trustees member is a member of the Committee on the of the board of advisors for Heritage for the Cenla Pregnancy Center. He at- Profession and the Louisiana Bar Journal Ranch, a nonprofit Christian children’s tends Kingsville Baptist Church. Editorial Board. home in the Baton Rouge area for youth Ed and his wife, Deborah Campbell She is a member of the Federal Bar experiencing personal crises. He also Tarpley, are the parents of seven children. Association New Orleans Chapter’s board is a Eucharistic minister at St. Jude 819 Johnston St. of directors and Government Relations the Apostle Catholic Church in Baton Alexandria, LA 71301 Committee. She is serving a 2018-21 term Rouge. (318)487-1460 • fax (318)487-1462 on the Lawyer Disciplinary Committee of Adrian and his wife, Carol Ann email: [email protected] the U.S. District Court, Eastern District Nadeau, have been married for 15 years website: www.edtarpley.com of Louisiana. She served as 2017 and and are the parents of four children. 2018 Women in Law chair and 2019 1800 City Farm Dr., Bldg. 6 Paul L. Hurd Community Outreach chair for the 22nd Baton Rouge, LA 70806 Seventh Board District JDC Bar Association. She received the (225)922-5110 • fax (225)922-5105 Paul L. Hurd is the sole shareholder 2016 BGR (Bureau of Governmental email: [email protected] in Paul Loy Hurd, A.P.L.C., and Home Research) Excellence in Government website: www.longlaw.com Title Guaranty Co., a full-service real Merit Award. estate closing company. He received

Louisiana Bar Journal August / September 2020 106 Vol. 68, No. 2 www.lsba.org his BA degree in phi- Texas, Oklahoma, Arkansas, Colorado, received a BA degree losophy in 1976 from Mississippi, Ohio and Michigan. She repin mass communica- Tulane University resents start-ups, non-profits, small busi- tion from Louisiana and his JD degree in ness owners and multi-million-dollar pri- State University, 1978 from Tulane vate and publicly traded companies. She her JD/BCL degree University Law previously served as the general counsel from LSU Paul M. School. He was ad- for JC Fodale Energy Services and as se- Hebert Law Center mitted to practice in nior counsel at FFC Capital Advisors. and an MBA degree Louisiana in 1978. Lauren received a BA degree in 2001 from Southeastern He has been admit- Paul L. Hurd from Centenary College of Louisiana Louisiana University. Carrie LeBlanc ted to practice before and her JD/BCL degree in 2004 from She was admitted to Jones the U.S. 5th Circuit Court of Appeals Louisiana State University Paul M. practice in Louisiana in 2008. since 1993 and before the U.S. Supreme Hebert Law Center. She was admitted Carrie has served as chair-elect, sec- Court since 1994. to practice in Louisiana in 2004. She retary and District 5 representative on Paul began his law practice as city also was admitted to practice before the Louisiana State Bar Association’s prosecutor and assistant city attorney for the U.S. 5th Circuit Court of Appeals, (LSBA) Young Lawyers Division the City of Monroe in 1978-79. In 1980, 2006; the U.S. District Courts for the (YLD) Council. She helped plan the he practiced law as in-house counsel and Eastern, Middle and Western Districts inaugural Louisiana Young Lawyers compliance officer for Central Bank, a of Louisiana, 2006; the Mashantucket Conference, co-chaired the Richard large regional commercial state bank (Western) Pequot Tribal Court, 2014; N. Ware High School Mock Trial headquartered in Northeast Louisiana. and the U.S. District Court for the Competition, served as the Professional He left Central Bank as general coun- Western District of Texas, 2015. Development Seminar coordinator, sel in 1989. Since 1990, he has been in She served in the Louisiana State chaired the Bridging the Gap Committee private civil practice, primarily dealing Bar Association’s (LSBA) House of and served on the Awards Committee. with constitutional election redistrict- Delegates from 2018-20 and was a She received the LSBA YLD Chair’s ing, banking regulations and compli- member of the 2009-10 Leadership Award in 2016 in recognition of her ance, real estate transactions, residential LSBA Class. She received the LSBA’s ongoing commitment and service to the purchases and refinancing, and business Pro Bono Publico Award and the LSBA’s Richard N. Ware High School Mock and property litigation. Pro Bono Century Award, both in 2010. Trial Competition. She served as a He is a former member of the In her community, she volunteers at lo- member of the Louisiana Bar Journal Louisiana State Bar Association’s cal schools, assists at shelters for victims Editorial Board and was a member of (LSBA) House of Delegates and a for- of domestic violence, mentors high school the 2013-14 Leadership LSBA Class. mer member of the LSBA’s Criminal students and recent graduates interested in Her commitment to the legal pro- Justice Committee. the legal profession, raises funds for vari- fession includes two terms on the Paul is a longtime member of ous non-profits and serves as a resource Louisiana Attorney Disciplinary Board. Parkview Baptist Church in Monroe. He promoting diversity in the legal profession After the Louisiana Supreme Court ap- and his wife, Cathy Vines Hurd, have and business community. pointed her to a second term, she served been married for 44 years and are the Ste. 204, 624 Texas St. as the board’s chair in 2017, the young- parents of three children. Shreveport, LA 71101 est board member to hold this position. Ste. 1, 2483 Tower Dr. (318)716-7923 • fax (318)716-3445 She is a member of the Baton Rouge Bar Monroe, LA 71201 email: [email protected] Association and the Bar Association of (318)323-3838 the 5th Federal Circuit. She serves on email: [email protected] Carrie LeBlanc Jones the Louisiana Bar Foundation’s Capital Chair, Young Lawyers Division Area Community Partnership Panel. Lauren B. McKnight Carrie LeBlanc Jones is the chief In her community, she is a parishio- Eighth Board District legal officer and general counsel at ner of St. George Catholic Church. She Lauren B. the Louisiana State Board of Nursing also serves on the board of directors for McKnight, with (LSBN), where she focuses on admin- Livingston Parish SADD. She and her McKnight Law Group, istrative and regulatory law. She has husband, Aaron Jones, have been mar- L.L.C., in Shreveport, successfully represented the LSBN in ried for nine years and are the parents of has 16 years of experi- state and federal court, served as pros- two children. ence representing cli- ecuting attorney in disciplinary matters, 17373 Perkins Rd. ents in corporate trans- and advised board members and staff on Baton Rouge, LA 70810 actions, commercial a variety of legal issues. Prior to joining (225)755-7575 litigation and regulato- the LSBN, she was a partner at the law email: [email protected] ry affairs in Louisiana, Lauren B. firm of Shows, Cali & Walsh, L.L.P. She McKnight

Louisiana Bar Journal August / September 2020 106 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 107 Vol. 68, No. 2 www.lsba.org Lynn Luker Tina L. Suggs compensation claims. At-Large Member At-Large Member As a licensed title in- Lynn Luker is of Tina L. Suggs is insurance producer with counsel in the New house counsel for State C&K Title, L.L.C., Orleans law firm of Farm Insurance Co. in she also performs real Stanley, Reuter, Ross, Metairie. She received estate closings work. Thornton & Alford, a BS degree in medi- Adrejia received L.L.C. She received cal technology in 1991 a BS degree in psy- a BA degree in psy- from the University chology in 1999 from chology in 1978 from of New Orleans Xavier University Adrejia L.A. Boutté the University of New and Louisiana State School of Louisiana Swafford Lynn Luker Orleans, her JD de- University School of Tina L. Suggs and her JD degree in 2003 from Southern gree in 1981 from Tulane University Law Allied Health and her University Law Center. She also has a School (Order of Barristers), an LLM JD degree in 2004 from Loyola University LLM degree in business law, with a certif- (with distinction) in admiralty law in 1985 College of Law. She was admitted to prac- icate in compliance studies, from Loyola from Tulane Law School and an LLM in tice in Louisiana in 2005. University of Chicago Law Center. She energy and environmental law in 1992 Tina served on the Louisiana State is certified in basic mediation and conflict from Tulane Law School. She was admit- Bar Association’s (LSBA) House of resolution and served as a co-arbitrator in ted to practice in Louisiana in 1981 and in Delegates, representing the 24th Judicial Baton Rouge City Court in 2002. Massachusetts in 2007. District. She also is a member of the She is a member of the Louisiana Bar Lynn chairs the Louisiana State Bar Committee on the Profession and the Journal’s Editorial Board. She served Association’s (LSBA) Civil Law and Legislation Committee. on the Louisiana State Bar Association’s Litigation Section and is a member of the She is a member of the New Orleans (LSBA) Committee on Diversity LSBA’s Committee on the Profession and Association of Defense Counsel, the and co-chaired the Communications the CLE Committee. Jefferson Bar Association and State Subcommittee. She also served on the She is also a mediator/arbitrator for Farm’s National Diversity and Inclusion LSBA’s Legal Services for Persons with Perry Dampf Dispute Solutions and a Committee and Engagement Committee. Disabilities Committee. proctor in admiralty for the Maritime Law She is the recipient of the Influential Adrejia is a Fellow of the Louisiana Bar Association. She has served as judge pro Pacesetter Award from the City of Foundation and a member of the Louisiana tempore for Orleans Parish Civil District Jeanerette and the Living Legend Award Association of Defense Counsel, the New Court and is a former chair of the Louisiana from First Church of God in Christ. Orleans Defense Association, the Federal Judiciary Commission. She is an adjunct In her community, she is a member Bar Association and the American Inn professor at Tulane Law School, where of Delta Sigma Theta Sorority, involved of Court. She is a 2010 graduate of the she co-teaches eDiscovery and Digital in local and international community Committee for a Better New Orleans Evidence, and is co-director of the Trial projects. She also assists in the Project Leadership Program. Advocacy program and the Civil Pre- H.E.L.P. program, providing notarial ser- She and her husband, Richard Trial Boot Camp. She has received sev- vices to the homeless. Swafford, reside in Baton Rouge. eral awards, including the LSBA’s Human Tina and her husband, Everett C. Ste. 2300, 601 Poydras St. Rights Award, the Tulane Law School Suggs, have been married for 26 years and New Orleans, LA 70130-6078 Distinguished Teaching Award, the Tulane are the parents of two children. (504)593-4315 • fax (504)544-6249 Environmental Law Distinguished Alumna 3850 N. Causeway Blvd., 1700 Lakeway II email: [email protected] Award, the LSBA President’s Award and Metairie, LA 70002 website: www.christovich.com the Association of Women Attorneys’ (504)442-8591 • fax (855)847-1379 Michaelle Pitard Wynne Professionalism email: [email protected] Monica Hof Wallace Award. She is a former president of the Faculty, Loyola University Tulane Inn of Court and is a regular speaker Adrejia L.A. Boutté Swafford College of Law on professionalism, ethics and trial practice. At-Large Member Monica Hof In her community, she mentors young Adrejia L.A. Boutté Swafford is a part- Wallace is the Dean people. She is a Sunday school teacher and ner with Christovich & Kearney, L.L.P., in Marcel Garsaud, lector for Trinity Episcopal Church. She is New Orleans. She practices commercial Jr. Distinguished the mother of two children. litigation defending cases on coverage Professor of Law and Ste. 2500, 909 Poydras St. disputes, homeowners’ policies, automo- executive director of New Orleans, LA 70112 bile policies, toxic torts, premises liabil- the Advocacy Center (504)669-0322 • fax (504)524-0069 ity claims, assisted living facility issues, at Loyola University email: [email protected] creditor’s rights and bankruptcy matters, College of Law. She website: www.stanleyreuter.com construction law claims and workers’ received a BS de- Monica Hof Wallace

Louisiana Bar Journal August / September 2020 108 Vol. 68, No. 2 www.lsba.org gree, cum laude, in finance in 1993 from Staff College, also in Fort Leavenworth. Beevers, L.L.P. She Louisiana State University and her JD He served on the Louisiana State received a BSM de- degree, summa cum laude, in 1998 from Bar Association’s (LSBA) Board of gree in 2009 from Loyola University College of Law. She Governors for several terms and has Tulane University’s was admitted to practice in Louisiana in served on the LSBA’s Committee on A.B. Freeman School 1998. Before entering private practice, the Profession and the Client Assistance of Business and her JD she clerked for Judge Jacques L. Wiener, Fund Committee. He is a member of the degree in 2012 from Jr. of the U.S. 5th Circuit and Judge American Bar Association. Tulane University Barry Ted Moskowitz of the U.S. District In his community, Donald is a church Law School. She was Court in San Diego. deacon, volunteers with the Zachary Food admitted to practice in Shayna Beevers Monica is active on several commit- Bank and is a pro bono worker at Baton Louisiana in 2012. Morvant tees for the Louisiana State Law Institute. Rouge City Court. Shayna is a general practitioner with She serves on the St. Thomas More Inn He and his wife Jyotibala have been class action and civil litigation experi- of Court Executive Committee and is a married for 33 years and are the parents of ence. Her practice areas include personal Fellow for the Louisiana Bar Foundation two children. injury, criminal defense, family law and and Educating Tomorrow’s Lawyers. She P.O. Box 9294, Baton Rouge, LA 70813 representation of local law enforcement received the Gillis Long Poverty Law (225)505-6714 • fax (225)771-6296 organizations. She is currently a mem- Center’s Public Service Award and the email: [email protected] ber of the adjunct faculty at Tulane Law Outstanding Research in Law Faculty School, teaching pre-trial litigation skills Award and is a three-time honoree of Zelda W. Tucker during the Boot Camp and Trial Advocacy Professor of the Year. Louisiana State Law Institute Programs. In her community, she is a board mem- Zelda W. Tucker She has served two terms as the District ber for Cancer Crusaders and Louisiana is deputy city attor- 2 representative on the Louisiana State Bar Youth Seminar and was named a New ney for the City of Association’s (LSBA) Young Lawyers Orleans City Business “Leader in Law.” Shreveport and a sole Division Council. She also serves on the Monica and her husband, Todd practitioner. She re- LSBA’s Board of Governors, in the House Wallace, have been married for 18 years ceived a BA degree of Delegates and is secretary of the Civil and are the parents of two children. in English literature in Law and Litigation Section. She was elect- 526 Pine St., Room 448 1983 from Louisiana ed to the 2017, 2019 and 2020 Nominating New Orleans, LA 70115 State University and Committee. She was a member of the (504)861-5670 • fax (504)861-5733 her JD degree in Zelda W. Tucker 2015-16 Leadership LSBA Class. email: [email protected] 1986 from Southern Shayna is the membership chair for website: www.law.loyno.edu University Law Center. She was admitted the Tulane Inn of Court and is a former to practice in Louisiana in 1986. chair of the Jefferson Bar Association’s Donald W. North Zelda is a member of the Louisiana State Young Lawyers Division. She is currently Faculty, Southern University Law Center Law Institute Council, the Shreveport Bar serving as the treasurer for the Jefferson Donald W. North Association and the Louisiana Association Bar Association board, after serving two is a law professor at of Insurance Defense Counsel. She terms as the representative at large. She Southern University is the recipient of the Shreveport Bar is a frequent presenter of CLE topics and Law Center. He joined Association’s Professionalism Award. has been presenting programs for the the faculty in 1998. He In her community, she is a member LSBA since 2013, with a focus on social received a BS degree of the Shreveport Downtown Rotary media, professionalism and trial litigation. in political science in and the Shreveport Women’s Attorney She also has presented CLE programs 1980 from Grambling Association. for the New Orleans Bar Association, the State University Zelda and her husband, James Britt, Jefferson Bar Association and Tulane Law and his JD degree in Donald W. North have been married for 27 years. School. 1983 from Southern 3324 Line Ave. In her community, she is a former chair University Law Center. He was admitted Shreveport, LA 71104-4212 of legislative affairs for the Junior League to practice in Louisiana in 1984. He also is (318)861-0884 • fax (318)865-4041 of New Orleans, a Louisiana Children’s admitted to the U.S. District Court for the email: [email protected] Museum campaign leader and a member Middle District of Louisiana and the U.S. of the Italian American Ladies Auxiliary. 5th Circuit Court of Appeals. Shayna Beevers Morvant Shayna and her husband Wesley are Also, he is a 1988 graduate of the Chair, House of Delegates the parents of two children. Combined Army and Services Staff Liaison Committee 210 Huey P. Long Ave. College in Fort Leavenworth, Kan., and a Shayna Beevers Morvant is managing Gretna, LA 70053 1997 graduate of the Command General partner of the Gretna firm of Beevers & (504)361-4287 • fax (504)362-1405

Louisiana Bar Journal August / September 2020 108 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 109 Vol. 68, No. 2 www.lsba.org Ann S. Siddall She is a recipient of the LSU Alumni School of Business and his JD degree in Member, House of Delegates Chapter Service Award. She is a member 2007 from Washington and Lee University Liaison Committee of Trinity Episcopal Church. School of Law. He was admitted to prac- Ann S. Siddall is Ste. D, 4001 Carter St. tice in Louisiana in 2007. He also is ad- a sole practitioner in Vidalia, LA 71373 mitted in Washington, D.C. (2013) and in Vidalia. She also is (318)481-1059 New York (2014). first assistant district email: [email protected] Skylar is a member of the Louisiana attorney for the 7th State Bar Association’s (LSBA) House of Judicial District and D. Skylar Rosenbloom Delegates, the Committee on the Profession, the city prosecutor for Member, House of Delegates the Practice Assistance and Improvement Vidalia. She received Liaison Committee Committee and the Legislation Committee. a BA degree in 1976 D. Skylar Rosenbloom is senior Previously, he served as a member of from Louisiana State Ann S. Siddall counsel for Entergy the LSBA’s Board of Governors (First University and her JD Services, L.L.C., District representative) and the Nominating degree in 1979 from LSU Paul M. Hebert where he represents Committee. He was a member of the 2012- Law Center. She was admitted to practice Entergy Louisiana 13 Leadership LSBA Class. in Louisiana in 1979 and in Illinois in 1981. in legal and regula- He and his wife Brittany have been Ann serves in the Louisiana State Bar tory matters before married for nine years and are the parents Association’s House of Delegates and is a the Louisiana Public of three children. member of the Legislation Committee. She Service Commission 639 Loyola Ave., 26th Flr. is a recipient of the LSBA President’s Award. and various courts. New Orleans, LA 70113 She is a member of the Louisiana He received a BS de- D. Skylar (504)576-2603 • fax (504)576-5579 Rosenbloom District Attorneys Association and is pres- gree in 2001 from email: [email protected] ident-elect of the ADA Board of Directors. Georgetown University’s McDonough website: www.entergy.com La. Board of Legal Specialization Accepting Requests for Applications

The Louisiana Board of Legal determine that an applicant has achieved ed by the American Board of Certification, Specialization (LBLS) is accepting appli- recognition as having a level of compe- the testing agency. cations for business bankruptcy law and tence indicating proficient performance Approved specialization CLE courses consumer bankruptcy law certification handling the usual matters in the specialty can be viewed on the LBLS Approved from now through Sept. 30, 2020. field. Refer to the LBLS standards for the Course Calendar at: www.lsba.org/MCLE/ The LBLS will be accepting applica- applicable specialty for a detailed descrip- MCLECalendar.aspx?L=S. tions for certification in five additional -ar tion of the requirements for application: With regard to applications for business eas — appellate practice, estate planning www.lsba.org/documents/Specialization/ bankruptcy law and consumer bankruptcy and administration, family law, health law LSBAPlanofLegalspecialization2017.pdf. law certification, although the written and tax law — from Nov. 1, 2020, through In addition to the above, applicants test(s) is administered by the American March 1, 2021. must meet a minimum CLE requirement Board of Certification, attorneys should In accordance with the Plan of Legal for the year in which application is made apply for approval of the Louisiana Board Specialization, a Louisiana State Bar and the examination is administered: of Legal Specialization simultaneously Association member in good standing who ► Appellate Practice — 15 hours of with the testing agency in order to avoid has been engaged in the practice of law on approved appellate practice law. delay of board certification by the LBLS. a full-time basis for a minimum of five ► Estate Planning and Administration Information concerning the American years may apply for certification. Further — 18 hours of approved estate planning Board of Certification will be provided requirements are that each year a mini- law. with the application form(s). mum percentage of the attorney’s practice ► Family Law — 15 hours of ap- Anyone interested in applying for must be devoted to the area of certifica- proved family law. certification should contact LBLS tion sought, passing a written examina- ► Health Law — 15 hours of approved Specialization Director Mary Ann tion to demonstrate sufficient knowledge, health law. Wegmann, email maryann.wegmann@ skills and proficiency in the area for which ► Tax Law — 18 hours of approved lsba.org, or call (504)619-0128. For more certification is sought and five favorable tax law. information, go to the LBLS website: references. Peer review shall be used to ► Bankruptcy Law — CLE is regulat- www.lsba.org/specialization/.

Louisiana Bar Journal August / September 2020 110 Vol. 68, No. 2 www.lsba.org ATJ Developing Leadership Intern Program Goes Virtual Due to COVID-19 Four interns participated in the 2020 Louisiana State Bar Association’s Access to Justice (ATJ) Developing Leadership Intern Program. The year 2020 marked the fifth year for the program and the first year the program was conducted virtually because of COVID-19. The interns and their sponsoring firms/businesses are Tiberlee A. Barnum, Southern University Law Center, intern Tiberlee A. Barnum K. Chance Carter Emily N. Ketterer Carly E. Jonakin for Entergy Services, L.L.C.; K. Chance Carter, Louisiana State University of shadowing judges and public interest and the Parole Project and spent a day Paul M. Hebert Law Center, intern for attorneys, this year’s interns completed observing Judge Lisa M. Woodruff- Baker, Donelson, Bearman, Caldwell projects for civil legal aid providers and White in the Family Court of East & Berkowitz, P.C.; Emily N. Ketterer, attended hearings with judges via Zoom. Baton Rouge Parish. The interns virtu- Tulane University Law School, intern Among the many civil legal aid ally attended meetings of the Louisiana for Phelps Dunbar, L.L.P.; and Carly E. providers, judges and organizations in- Access to Justice Commission, the Jonakin, Loyola University College of volved with the internship program, ATJ Committee’s Disaster Response Law, intern for Adams and Reese, L.L.P. the interns worked with Louisiana Subcommittee and the American Bar Despite the abrupt change in pro- Appleseed, Louisiana Lagniappe, Association’s Disaster Legal Services gramming, the four interns adapted to Southeast Louisiana Legal Services, Program. the altered environment quickly. Instead the New Orleans Pro Bono Project

Louisiana Center for Law and Civic Education 2020 John A. “T-Jean” Hernandez III Memorial Award

Robert B. Vincent, center, is the recipient of the 2020 John A. “T-Jean” Hernandez III Memorial Award, presented by the Louisiana State Bar Association and its Francophone Section for achievements in Francophone leadership. Vincent, an attorney from Erath, is of counsel with the firm Shayna Beevers Morvant, left, was sworn in as the 2020-21 president of Perrin, Landry, deLaunay. Vincent, a 2010 graduate of Southern University the Louisiana Center for Law and Civic Education. Administering the Law Center (SULC), also recently received the SULC’s Distinguished oath was 5th Circuit Court of Appeal Judge John J. Molaison, Jr., right. Alumni Award. Warren A. Perrin, right, chair of the LSBA’s Francophone Also in attendance was 5th Circuit Court of Appeal Chief Judge Susan M. Section, and his wife, Mary Perrin, presented the Hernandez Award to Chehardy. Vincent. Vincent helped Perrin found the Acadian Museum in Erath.

Louisiana Bar Journal August / September 2020 110 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 111 Vol. 68, No. 2 www.lsba.org Leadership LSBA Class Distributes Care Packages to Healthcare Professionals Statewide Young lawyers from the Louisiana State Bar Association’s Leadership LSBA 2019-2020 Class distributed care packages to healthcare professionals across the state in response to the coronavirus pandemic. Packages were delivered to medical staff working at the Ochsner Medical Center-Baton Rouge, the Willis Knighton Health Center in Bossier City, the CHRISTUS Ochsner St. Leadership LSBA Class members Janet D. Madison, far left, and Justin S. Brashear, far right, deliv- Patrick’s Hospital in Lake Charles and ered donations to CHRISTUS Ochsner St. Patrick’s Hospital in Lake Charles. the COVID-19 screening site at the Cajundome in Lafayette. In addition, meals were provided to medical staff at Tulane Medical Center in New Orleans and to healthcare professionals at Willis Knighton Health Center. “The medical staffs have been working tirelessly over the past few months, so we knew a generous expression of A hospital healthcare worker stopped by for a appreciation would show them how donated meal at Tulane Medical Center in New much we supported them and their life- Bently B. Senegal, left, Our Lady of Lourdes Orleans. manager of community services, and saving work,” said Leadership LSBA Leadership LSBA Class member Jeremy A. Class member Jeremy A. Bazile. Bazile at the Cajundome in Lafayette. Also at- The care packages included an as- tending was class member Jared E. Nelson. sortment of snacks like energy bars, fruit snacks, SkinnyPop Popcorn, pretzels, we had to pause our original plans for veggie straws, trail mix, Gatorade and the class project and chose to pivot to Starbucks reusable lidded cups. Class another pressing need,” said Leadership members donated these items to provide LSBA Class member Melissa A. healthcare professionals with healthier Pestalozzi. “Delivering the care pack- options during their long shifts. ages was a simple way to express our Dr. Irene Evoleucha, DPM, volun- gratitude to and help brighten the days A healthcare worker from Ochsner Medical teered her time to help facilitate the of our local healthcare heroes for their Center-Baton Rouge accepted a care package project and coordinate the delivery of commitment and sacrifice during this coordinated by the Leadership LSBA Class. the care packages to the Ochsner depart- challenging time.” ments. “The frontline workers need you The Leadership LSBA Class pro- more than ever with our state opening gram was created in 2002 to provide back up,” Dr. Evoleucha stated. exposure for young lawyers on pressing The Leadership LSBA Class mem- issues that face the legal profession. The bers organize and execute an annual 2019-2020 Class is comprised of Amber class project that addresses the needs of B. Barlow, Jeremy A. Bazile, John W. the legal profession and community at Bihm, Justin S. Brashear, Rachel J. large. Caluda, Sarah R. Giglio, Justin A. Jack, Before the pandemic, this year’s Jennifer G. Lampton, Janet D. Madison, class had decided to work with local Sowmya Mandava, Kelsey L. Meeks, Leadership LSBA Class members Sherron prisons to have inmates read recordable Jared E. Nelson, Melissa A. Pestalozzi, P. Williams, far left, and Sarah R. Giglio, far storybooks that would be delivered to Thomas C. Wicker IV, Sherron P. right, with Kimberly Gregory, Dr. Cheynita their children. Williams, and co-chairs Cortney M. Metoyer and Allison Dryden, all with Willis “Due to the COVID-19 pandemic, Dunn and Teresa D. King. Knighton Internal Medicine and Pediatrics in Bossier City.

Louisiana Bar Journal August / September 2020 112 Vol. 68, No. 2 www.lsba.org STEVE HERMAN GravierHouse.com HAS BEEN CALLED A LOT OF NAMES BY OTHER LAW FIRMS. IF YOU NEED AN

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504.581.4892 Louisiana Bar Journal August / September 2020 112 Vol. 68, No. 2 www.lsba.org hhklawfirm.comLouisiana Bar Journal New August Orleans, / September LA 2020 113 Vol. 68, No. 2 www.lsba.org

20-124-2 LA BAR JOURNAL.indd 1 3/3/20 11:18 AM PRACTICEManagement By Kenzie Schott Cardella GETTING HACKED: IT’S ONLY A MATTER OF TIME

former FBI director, at an in- protected. Additionally, firms should make

formation security conference A lawyer shall make sure the data on the device can be wiped re- in 2012, said: “[There] are motely in the event the employee’s iPhone, only two types of companies reasonable efforts to for example, is stolen or lost. —A those that have been hacked and those “ All attorneys and other employees at prevent the inadvertent or that will be.” Since 2012, more companies the firm should understand their role in have joined the first group, and cyber crim- “unauthorized diclosure of, preventing cyber crimes. IBM’s 2019 re- inals are finding better, more sophisticated or unauthorized access to, port provides that one-quarter of cyber ways to target the second. attacks are caused by human error, which In 2019, IBM published a report ana- information related to the includes “inadvertent insiders.” An in- lyzing the cost of data breaches. According representation advertent insider is an employee who is to this report, the average total cost of a fooled into providing sensitive informa- data breach is $8 million when looking at of a client. tion to the wrong person, ultimately fall- U.S. companies of all sizes. Worldwide, ing victim to a cyber attack. The more the average total cost is $2.74 million for – Rule 1.6 Section (c) sophisticated cyber attackers become, the companies with fewer than 500 employ- more careful attorneys and firms need to Louisiana Rules of ees. Data breaches are expensive, if not Professional Conduct be when providing sensitive information. financially devastating, for businesses. Train employees to check a sender’s email In addition to the financial consequenc- address, review a link’s URL and verbally Knowing that it is not a question of if es, ethical implications may result from confirm any request for sensitive informa- someone will try to hack your office but a cyber attack. Rule 1.6 of the Louisiana tion with the true source (e.g., the client, a when, all attorneys should take proper Rules of Professional Conduct imposes an bank or a vendor) using independent con- precautions to mitigate risk. Encryption is ethical obligation on attorneys to protect tact information from the initial request one basic safeguard that could help pro- against cyber crimes. Under section (a) of before providing it. tect stored data from cyber crimes. Many Rule 1.6, “A lawyer shall not reveal infor- In addition to implementing safe- consider it a “no-brainer” when it comes to mation relating to the representation of a guards, firms should confirm they have protecting against cyber attacks, making it client unless the client gives informed con- sufficient cyber liability coverage in place more likely necessary to hit the “reasonable sent, the disclosure is impliedly authorized before suffering a cyber attack. It will pro- efforts” threshold. Attorneys should make in order to carry out the representation or vide peace of mind and financial support sure to encrypt their servers and computers the disclosure is permitted by [Rule 1.6].” if — when — firms fall victim to a cyber (desktops and laptops included) and any Client information unintentionally re- crime. Unfortunately, if it is only a matter other device — like a smartphone or tab- vealed to a third party as a result of a cyber of time before we are all hacked, the time let — where they store client data or other attack could mean a violation of this Rule to act is today. sensitive information. Similarly, mandat- 1.6 provision. Section (c) further describes ing that employees use a VPN (virtual pri- an attorney’s ethical obligation when it Kenzie Schott Cardella vate network) when working wirelessly is comes to protecting client data: “A lawyer is an attorney at Gilsbar, just as important. Using a VPN encrypts L.L.C., and serves as busi- shall make reasonable efforts to prevent any data that is sent or received, reducing ness development manager the inadvertent or unauthorized disclosure of the professional liability exposure as compared to sending data over of, or unauthorized access to, information division. She received her an unsecured Internet connection. relating to the representation of a client.” BBA degree in accounting Protecting data is important even when from Southern Methodist How far an attorney must go to meet the the data is stored on a device not owned by University, is a CPA and “reasonable efforts” threshold is up for earned her JD degree from the firm. If the firm allows attorneys or other interpretation. Nevertheless, the plain Louisiana State University employees to store client or other firm data language of Rule 1.6 establishes that the Paul M. Hebert Law on their own personal devices, then setting Center, where she served as editor-in-chief of the consequences of a cyber security breach rules for using those devices for work is Louisiana Law Review. Before joining Gilsbar, she involving client data may be significant worked in private practice for a New Orleans law crucial. The firm should encrypt the data from an ethical standpoint. firm, practicing in business and transactional law. and mandate that the device be password- Email her at [email protected].

Louisiana Bar Journal August / September 2020 114 Vol. 68, No. 2 www.lsba.org LAWYERSAssistance By J.E. (Buddy) Stockwell COVID & DANGERS OF COPING WITH ALCOHOL

t will be years before we fully under- leave those who indulge with a problem tancing does not mean social isolation. stand the mental health impact of the that’s hard to shake once the lockdown is Check up on your extended family, friends COVID-19 pandemic shutdown and over. and neighbors. Contact old friends you its ongoing phases of social isolation. “Many people will, for the first time, de- haven’t spoken to in a while. Share your TheI only thing we know for sure at the velop an alcohol use disorder,” said Julia feelings with people you trust about how Louisiana Judges and Lawyers Assistance Chester, associate professor of psychologi- the pandemic is affecting you. Connecting Program, Inc. (JLAP) is that something cal sciences in the College of Health and with other people helps us feel safer. totally unexpected happened. During the Human Sciences at Purdue University, ► Be thankful. Maintain a viewpoint shutdown, our phone lines went spookily who studies the factors influencing alcohol of Gratitude. Research shows that having quiet. We received the lowest number of and substance abuse disorders. a positive attitude can improve your health confidential calls on record. and help minimize negative thoughts and The pandemic is causing severe men- At JLAP, our professional clinical staff anxious feelings. Write a “Gratitude List” tal health issues for many people and im- is fully equipped to provide confidential at the end of each day to help keep inven- pacting everyone to some degree. Even mental health support and resources neces- tory of all the good things in your life. an innocuous change in one’s routine is sary to manage the pressures of the pan- This huge period of change and in- stressful. Add in isolation and the fear of demic. JLAP has been promoting these creased isolation is certainly stressful, but, contracting a deadly virus and it is a “per- healthy coping skills: if proper self-care tools are utilized (in- fect storm” for a tsunami of stress, anxiety ► Take a media break. Prolonged stead of damaging behavior such as numb- and depression. exposure to the news and video “screens” ing out with alcohol or drugs), this time We know people are suffering and can impact your mental health in a nega- of change can be a golden opportunity to need mental health support. We are also tive way. Ask yourself, do you feel calmer make positive changes in self-care and life beginning to understand that a large seg- after watching the news? Turn the screens balance. ment of the population is using alcohol in off and go for a walk or bicycle ride around At JLAP, we encourage everyone to unhealthy amounts to cope. The stress of your neighborhood, work in the garden, take full advantage of the “silver lining” this pandemic and unhealthy coping skills read a book outside, etc. opportunities of this pandemic. If you are involving alcohol will leave them with a ► Take care of your body. Fuel your experiencing negative mental health im- chronic alcohol use disorder. body by eating a healthy, well-balanced pacts, remember that JLAP offers confi- Washington Post contributor Melinda diet and drinking plenty of water. Aim dential, professional mental health support Fulmer published an interesting article to get seven to eight hours of sleep each to help turn negatives into positives. Call on the topic of alcohol use during the night. Exercise every day, even if it’s just a (985)778-0571, email JLAP@louisiana- COVID-19 shutdown, titled “Quarantinis walk around the block. jlap.com, or visit the website at: www.loui- are a meme of this crisis. But relying on ► Take care of your mind. Mental sianajlap.com. alcohol could lead to serious problems.”1 health conditions are by nature isolating The article examines the potential fallout so stay connected. Keep the routines that FOOTNOTE from using alcohol to navigate fear and make you feel good and try to modify the anxiety during the shutdown: ones that you can. Reach out to friends 1. https://www.washingtonpost.com/lifestyle/ and schedule virtual hangouts. Find an wellness/drinking-problem-home-coronavirus-lo ckdown/2020/04/27/69c45984-865e-11ea-a3eb- For many Americans, the days of accountability and support buddy. If you e9fc93160703_story.html. the coronavirus quarantine have been have a therapist, see if he/she offers tele- bracketed by coffee at one end and happy phone- or video-based sessions. J.E. (Buddy) Stockwell hour at the other. Drinking memes and ► Catch up on your hobbies. What served as the execu- “Quarantini” recipes are everywhere, hobbies have you been putting off because tive director of the Louisiana Judges and and off-premises booze sales surged by 55 you are always too busy? What new hob- Lawyers Assistance percent in mid-March as people started bies would you like to learn? Instead of Program, Inc. (JLAP) turning to alcohol to deal with the stress, drinking alcohol every day, use some of through June 2020. Call anxiety and grief brought on by isolation. that downtime instead to renew old hob- (866)354-9334 or email [email protected]. But weeks or even months of using al- bies or take up new ones. cohol to escape difficult emotions could ► Connect with others. Social dis-

Louisiana Bar Journal August / September 2020 114 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 115 Vol. 68, No. 2 www.lsba.org FOCUSDiversity ON SIGNATORIES... RECAP OF EVENTS

Newest Diversity Signatories Spotlighted he Louisiana State Bar to promote a culture that adopts best Barrios, Kingsdorf & Casteix, LLP Association’s (LSBA) practices to improve retention of diverse Hill Law Office Committee on Diversity in the talent and encourage the hiring and pro- Law Offices of Steven B. Witman Legal Profession would like motion of diverse talent. Pecoraro Law Tto acknowledge and thank the newest Hon. Lewis H. Pitman, Jr. signatories of the LSBA’s Statement of 2019-20 New Signatories Allyson M. Prejean Diversity Principles. Mary C. Anderson Ayn W. Stehr By executing the Statement, the lead- Danielle N. Brown ers of a legal organization or court agree Jennifer B. Eagan Martinet Holiday Social and Toy Drive On Dec. 17, 2019, the Louis A. Martinet Legal Society, Inc. Greater Baton Rouge Chapter hosted a Holiday Social and Toy Drive at the Capitol Park Event Center in Baton Rouge. In photo, Martinet Chapter members with Chief Judge Wilson E. Fields, 19th Judicial District Court, from left, ReAzalia Z. Allen, secretary; Ne’Shira D. Millender, first vice president; Judge Fields; Michael B. Victorian, president; and Harry Landry III, second vice president.

Black History Month CLE seminar The Louisiana State Bar Association Diversity Committee’s Pipeline to Diversity and Outreach Subcommittee and Adams and Reese LLP hosted the Black History Month CLE seminar on Feb. 13, 2020, at Adams and Reese LLP in Baton Rouge. Attorney Stephanie A. Finley, left, presented a program on “The Right to Vote,” informing attendees about the history of voting rights from the Pre-American Revolution to present day. With her is Justin A. Jack, Adams and Reese LLP. Not in photo, Kellen J. Mathews, Adams and Reese LLP.

Louisiana Bar Journal August / September 2020 116 Vol. 68, No. 2 www.lsba.org The National Bar Association’s (NBA) Louisiana Judicial Council (LJC) hosted its 22nd Annual Meeting and CLE seminar from Feb. 27-March 1, 2020, in Bossier City. The event, with the theme “2020 Vision, Mind, Body and Soul,” featured highly credentialed speakers, breakfast at the Peaceful Rest Missionary Baptist Church and a President’s Reception and Party. Front row from left, Judge D. Nicole Sheppard, Orleans Parish Civil District Court; Judge (Ret.) Luke A. LaVergne; Judge Karelia R. Stewart, 1st Judicial District Court, 2020-22 LJC secretary; Judge Ethel S. Julien, Orleans Parish Civil District Court; Chief Judge Felicia T. Williams, Louisiana 2nd Circuit Court of Appeal; Judge Piper D. Griffin, Orleans Parish Civil District Court; Judge June Berry Darensburg, 24th Judicial District Court, 2020-22 LJC chair; Pastor Dr. R. Timothy Jones; Judge Shonda D. Stone, Louisiana 2nd Circuit Court of Appeal; Judge Ree J. Casey- Jones, Caddo Parish Juvenile Court; Chief Judge Madeline Jasmine, 40th Judicial District Court; Judge (Ret.) Curtis A. Calloway; Judge Ramona L. Emanuel, 1st Judicial District Court; and Judge Omar K. Mason, Orleans Parish Civil District Court. Back row from left, Judge Ronald R. Johnson, 19th Judicial District Court; Judge Steven M. Jupiter, Orleans Parish Traffic Court; Judge Tarvald A. Smith, Baton Rouge City Court; Chief Judge Alonzo Harris, 27th Judicial District Court; Judge John Mosley, Jr., 1st Judicial District Court; Judge Tammy D. Lee, Monroe City Court; and Judge (Ret.) Leon L. Emmanuel III.

Diversity Reception The law firm of Stone Pigman Walther Wittmann, LLC, hosted a Diversity Reception for first-year law students from Tulane University Law School and Loyola University College of Law on Nov. 12, 2019. Attending the reception were, from left, Cory J. Vidal, Hancock Whitney Bank; Ashley J. Heilprin, Phelps Dunbar, LLP; Michael G. Bagneris, Bagneris, Pieksen and Associates, LLC; Kim M. Boyle, Phelps Dunbar, LLP; and Wayne J. Lee, Stone Pigman Walther Wittmann, LLC.

Attending the Stone Pigman Walther Wittmann, LLC, Diversity Reception Attending the Stone Pigman Walther Wittmann, LLC, Diversity Reception were, from left, J. Dalton Courson, Stone Pigman Walther Wittmann, LLC; were, from left, Sarah Hunt-Blackwell, Sydney Tucker and Diego Villalobos, Jeff Murphy, Megan Holt and Dylan Perry, all 1L students from Tulane all 1L students from Tulane University Law School; and Madison Torry, 1L, University Law School. Loyola University College of Law.

Louisiana Bar Journal August / September 2020 116 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 117 Vol. 68, No. 2 www.lsba.org Crossword PUZZLE By Hal Odom, Jr. THE LOCKDOWN EDITION

1 2 3 4 5 6 7 8 ACROSS 26 Paper rolls in short supply in early lockdown (8, 7) 1 Metaphor for to diminish the number of cases at any given 9 10 DOWN time (7, 3, 5) 9 How to entertain, when you 2 Permitted absence from work (5) seek to impress (8) 3 Contaminate (5) 11 12 10 In which bovine spongiform 4 Breathes out (7) encephalopathy occurs (6) 5 Only way you can know if a 11 Hospital appliance in short garment really fits (3, 2, 2) 13 14 15 supply in early lockdown (10) 6 Passage from a book, movie or song (7) 12 ___-At-Home order (4) 7 Fully informed; meeting 13 Boris___, former president standards (2, 2, 5) 16 17 18 19 of Russia (7) 8 In a brave or heroic manner (9) 15 How many seconds to 13 It lies between China and Korea (6, 3) wash your hands (6) 14 Ultimo, updated (4, 5) 16 The convalescent kind is 20 21 22 23 17 ___ Pinochet, former strongman a promising therapy (6) of Chile (7) 18 Calendar square in which 18 Most favorable (7) nothing is planned (4, 3) 19 Retired professors (7) 24 25 20 Popular alternative to live 22 Wastes time; sits at a red light (5) meetings, during lockdown (4) 23 Literary type (5) 21 Mass ones are prohibited 26 during lockdown (10) 24 Yoga poses (6) 25 Part of China excluding Taiwan Answers on page 159. and Hong Kong (8)

SOLACE: Support of Lawyers/Legal Personnel — All Concern Encouraged The Louisiana State Bar Association/Louisiana Bar Foundation’s Community Action Committee supports the SOLACE program. Through the program, the state’s legal community is able to reach out in small, but meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a death or catastrophic illness, sickness or injury, or other catastrophic event. For assistance, contact a coordinator.

Area Coordinator Contact Info Area Coordinator Contact Info Alexandria Area Richard J. Arsenault (318)487-9874 Monroe Area John C. Roa (318)387-2422 [email protected] (318)452-5700 [email protected] Baton Rouge Area Ann K. Gregorie (225)214-5563 Natchitoches Area Peyton Cunningham, Jr. (318)352-6314 [email protected] [email protected] Cell (318)332-7294 Covington/ Suzanne E. Bayle (504)524-3781 New Orleans Area Helena N. Henderson (504)525-7453 Mandeville Area [email protected] [email protected] Denham Springs Area Mary E. Heck Barrios (225)664-9508 Opelousas/Ville Platte/ John L. Olivier (337)662-5242 [email protected] Sunset Area [email protected] (337)942-9836 Houma/Thibodaux Area Danna Schwab (985)868-1342 (337)232-0874 [email protected] River Parishes Area Judge Jude G. Gravois (225)265-3923 Jefferson Parish Area Pat M. Franz (504)455-1986 [email protected] (225)265-9828 [email protected] Cell (225)270-7705 Lafayette Area Pam Landaiche (337)237-4700 Shreveport Area Dana M. Southern (318)222-3643 [email protected] [email protected] Lake Charles Area Melissa A. St. Mary (337)942-1900 [email protected] For more information, go to: www.lsba.org/goto/solace.

Louisiana Bar Journal August / September 2020 118 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 118 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 119 Vol. 68, No. 2 www.lsba.org DISCIPLINE Reports REPORTING DATES 6/2/20 & 6/3/20

REPORT BY DISCIPLINARY COUNSEL Public matters are reported to protect the public, inform the profession and deter misconduct. Reporting date June 3, 2020. Decisions year and one day, retroactive to Feb. 25, (2020-B-0425) By consent, suspended 2019, the date of his interim suspension, from the practice of law for a period Andrew T. Adams, formerly of ordered by the Court on May 14, 2020. of 30 months, retroactive to his in- Shreveport, (2020-B-0369) By con- JUDGMENT FINAL and EFFECTIVE terim suspension of July 27, 2017, by sent, disbarred from the practice of on May 14, 2020. Gist: Committing a order of the Louisiana Supreme Court law retroactive to his interim suspen- criminal act reflecting adversely on the on May 14, 2020. JUDGMENT FINAL sion of Oct. 29, 2018, by order of the lawyer’s honesty, trustworthiness or fit- and EFFECTIVE on May 14, 2020. Gist: Louisiana Supreme Court on May 1, 2020. ness as a lawyer; and violating the Rules of Guilty plea to misdemeanor crime of stalk- JUDGMENT FINAL and EFFECTIVE Professional Conduct. ing; commission of a criminal act; and on May 1, 2020. Gist: Guilty plea to so- P. Michael Doherty Breeden III, New conduct prejudicial to the administration licitation of prostitution; commission of a Orleans, (2020-OB-00315) Permanent of justice. criminal act; and conduct prejudicial to the resignation from the practice of law in David G. deBlieux, Baton Rouge, administration of justice. lieu of discipline ordered by the Court (2019-B-1515) Suspended from the Maynard K. Batiste, Sr., Baton on April 27, 2020. JUDGMENT FINAL practice of law for a period of one Rouge, (2020-B-0452) By consent, sus- and EFFECTIVE on April 27, 2020. Gist: year by order of the Louisiana Supreme pended from the practice of law for Failure to provide competent representa- Court on Jan. 29, 2020. Rehearing de- one year and one day, fully deferred, tion; scope of representation; lack of dili- nied on April 9, 2020. ORDER FINAL followed by a two-year period of super- gence; failure to communicate with client; and EFFECTIVE on April 9, 2020. Gist: vised probation, by order of the Louisiana failure to safekeep property of clients or Criminal conduct (entry into an inhabited Supreme Court on May 26, 2020. ORDER third persons; knowingly making a false dwelling, domestic abuse battery, simple FINAL and EFFECTIVE on May 26, statement of material fact; failure to coop- battery and simple criminal damage to 2020. Gist: Respondent mismanaged his erate in a disciplinary investigation; vio- property). client trust account and improperly entered lating the Rules of Professional Conduct; Donald R. Dobbins, Baton Rouge, into oral contingency fee agreements with engaging in conduct involving dishonesty, (2019-B-1346) Suspended from the his clients. fraud, deceit or misrepresentation; and en- practice of law for one year and one William Christopher Beary, New gaging in conduct prejudicial to the admin- day by order of the Louisiana Supreme Orleans, (2020-B-00451) By consent, sus- istration of justice. Court on Jan. 29, 2020. Rehearing denied pended from the practice of law for one Michael L. Cave, Baton Rouge, on April 9, 2020. JUDGMENT FINAL and EFFECTIVE on April 9, 2020. Gist: Dobbins failed to provide competent rep- Christovich & Kearney, llp resentation to clients; neglected legal mat- attorneys at law ters; failed to communicate with clients; failed to refund unearned fees and unused Defense of Ethics Complaints and Charges costs; failed to properly supervise his non- lawyer staff, resulting in false affidavits E. Phelps Gay Kevin R. Tully being filed in the court record; failed to reduce a contingency fee arrangement to H. Carter Marshall writing; forged client signatures on settle- ment checks; and failed to place disputed (504)561-5700 funds in his trust account. Richard C. Ellis, New Orleans, (2020- 601 Poydras Street, Suite 2300 B-00440) Consented to 18-month sus- New Orleans, LA 70130 pension from the practice of law by

Louisiana Bar Journal August / September 2020 120 Vol. 68, No. 2 www.lsba.org DISCIPLINARY REPORT: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA The following is a verbatim report of the matters acted upon by the United States District Court for the Eastern District of Louisiana, pursuant to its Disciplinary Rules. This information is published at the request of that court, which is solely responsible for the accuracy of its content. This report is as of June 2, 2020. Respondent Disposition Date Filed Docket No. Eric A. Bopp [Reciprocal] Suspension, partially deferred. 6/1/20 20-1121 Chris L. Bowman [Reciprocal] Suspension, fully deferred. 5/4/20 20-739 David Augustus Capasso [Reciprocal] Public reprimand. 5/4/20 20-849 Michael T. Moore, Jr. [Reciprocal] Suspension, fully deferred. 6/1/20 20-1120

on May 26, 2020. JUDGMENT FINAL satisfies the criteria for readmission to the Discipline continued from page 120 and EFFECTIVE on May 26, 2020. Gist: practice of law in the state of Louisiana. order of the Louisiana Supreme Court Lack of diligence; lack of communication; Brian Lee McCullough, Baton Rouge, on May 14, 2020. ORDER FINAL and failure to return an unearned fee; failure to (2020-B-0461) By consent, suspended EFFECTIVE on May 14, 2020. Gist: return client file; failure to expedite litiga- from the practice of law for a period Commission of multiple criminal acts and tion; engaging in conduct prejudicial to the of 18 months, with all but one year de- engaging in the practice of law while in- administration of justice; and violating the ferred, retroactive to his interim suspen- eligible. Rules of Professional Conduct. sion of Feb. 11, 2019, subject to a period Tara F. Gilder, Carencro, (2020-B- Mark L. James II, Franklinton, (2020- of probation, by order of the Louisiana 00411) By consent, suspended from the OB-00460) Readmitted to the practice Supreme Court on May 26, 2020. practice of law for one year and one day, of law, with conditions, by order of the JUDGMENT FINAL and EFFECTIVE with all but six months deferred, fol- Louisiana Supreme Court on May 26, on May 20, 2020. Gist: Commission of a lowed by probation for a period to coin- 2020. ORDER FINAL and EFFECTIVE criminal act (multiple DWIs). cide with the term of her recovery agree- on May 26, 2020. James has proved by David K. Nelson, Baton Rouge, (2020- ment with JLAP, ordered by the Court clear and convincing evidence that he Continued next page

Legal & Judicial Ethics

William “Billy” M. Ross has over 15 years of experience defending lawyers and judges in disciplinary matters, advising lawyers on their ethical duties, and providing representation in legal fee disputes and breakups of law firms. He is committed to advancing the legal profession through his work for clients, involvement with the LSBA, and participation in presentations on ethics and professional responsibility. William M. Ross [email protected] 909 Poydras Street, Suite 2500 New Orleans, Louisiana 70112 (504) 523-1580 www.stanleyreuter.com

Louisiana Bar Journal August / September 2020 120 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 121 Vol. 68, No. 2 www.lsba.org Discipline continued from page 121 OB-0383) Transferred to disability/ ATTORNEY & JUDICIAL DISCIPLINARY MATTERS inactive status by order of the Louisiana Supreme Court on May 14, 2020. Don’t wait too late to end up on this page. JUDGMENT FINAL and EFFECTIVE on May 14, 2020. Nelson may not practice Call us for a free consultation: (504) 836-8000 law until further orders from the Court. Keith Thomas Whiddon, Monroe, (2020-B-00428) Consented to a public reprimand by order of the Louisiana Supreme Court on May 14, 2020. JUDGMENT FINAL and EFFECTIVE on May 14, 2020. Gist: Respondent knowingly provided a false answer to an inter- rogatory during discovery in his pending divorce proceeding. Alva L. Williams, Houma, (2020-B- 00368) Interimly suspended from the Bobby J. Delise Jeannette M. Delise practice of law by order of the Louisiana Supreme Court on March 16, 2020. DELISE & HALL JUDGMENT FINAL and EFFECTIVE Attorneys at Law on March 16, 2020. Admonitions (private sanctions, often 5190 Canal Blvd., Ste. 103 New Orleans, LA 70124 with notice to complainants, etc.) issued since (504) 836-8000 www.dahlaw.com the last report of misconduct involving: Rule 1.15(f) — Non-lawyer signed checks drawn on trust account. Rule 5.3 — Failure to supervise a non-lawyer.

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Leslie J. Schiff Steven Scheckman Julie Brown White Damon S.Manning Over30 Years Experience Former Special Counsel Former Prosecutor, Former Investigator, Prosecutor Disciplinary Defense Counsel Judiciary Commission ('94-'08) Disciplinary Counsel ('98-'06) Disciplinary Counsel ('98-'14) 117 W. LandryStreet 650 Poydras Street, Suite 2760 11715 Bricksome Ave, Suite B-5 201 NWRailroad Ave, Suite 302 Opelousas, Louisiana 70570 NewOrleans, Louisiana 70130 Baton Rouge, Louisiana 70816 Hammond, Louisiana 70401 Phone (337) 942-9771 Phone (504) 309-7888 Phone (225) 293-4774 Phone (985) 602-9201 Fax(337) 942-2821 Fax(504) 518-4831 Fax(225) 292-6579 Fax(985) 393-1130 [email protected] [email protected] [email protected] [email protected]

Louisiana Bar Journal August / September 2020 122 Vol. 68, No. 2 www.lsba.org MEDIATION AND ARBITRATION of COMPLEX DISPUTES

Larry Feldman W. Ross Foote E. Phelps Gay Thomas Hayes, III Mike McKay

Patrick Ottinger Mike Patterson Larry Roedel Marta-Ann Schnabel

S. Guy deLaup is the owner of S. Guy deLaup, APLC in Metairie, LA. He was trained as a mediator at the Pepperdine University School of Law and the Mediation Institute of Oklahoma. After serving as an Assistant District Attorney in Je erson Parish, LA, he has practiced extensively in the area of family law and has also represented clients in business, insurance, franchise, public entity and medical malpractice litigation. As a litigator representing both plainti s and defendants, Guy understands the importance of alternative dispute resolution. During the last year, all 25 cases Guy mediated were successfully concluded. He has earned an AV rating from Martindale Hubbel and was nominated as a “Top Lawyer” by his peers. Guy is a past president of both the Louisiana State and Je erson Bar Associations. Guy is a former member of the Board of Directors of the New Orleans Legal Aid Clinic and the Je erson Parish Child Advocacy Center. He is a past board member, past chair and active volunteer for the New Orleans Pro Bono Project. He was a recipient of the Louisiana State Bar Association’s Pro Bono Publico Award in 2002. He is a 1978 graduate of Louisiana State University and received his juris doctor from LSU Law School in 1981.

BATON ROUGE | NEW ORLEANS | LAFAYETTE | SHREVEPORT | MONROE : 866.367.8620 : [email protected] : pattersonresolution.com Louisiana Bar Journal August / September 2020 122 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 123 Vol. 68, No. 2 www.lsba.org Client ASSISTANCE Fund FUND PAYMENTS

CLIENT ASSISTANCE FUND PAYMENTS - NOVEMBER 2019 & JANUARY 2020 Attorney Amount Paid Gist Michael T. Bell $3,687.00 #1905 — Conversion in a personal injury matter Arthur L. Harris, Sr. $4,000.00 #1953 — Unearned fee in a criminal matter Arthur L. Harris, Sr. $7,500.00 #1898 — Unearned fee in a criminal matter Zachary R. Moffett $2,500.00 #1986 — Unearned fee in a succession Zachary R. Moffett $2,500.00 #1994 — Unearned fee in a succession Zachary R. Moffett $1,500.00 #1972 — Unearned fee in a landlord/tenant matter Zachary R. Moffett $500.00 #1973 — Unearned fee in a property matter Zachary R. Moffett $3,000.00 #1961 — Unearned fee in a property matter Harold D. Register $2,500.00 #1866 — Unearned fee

LOUISIANA CLIENT ASSISTANCE FUND

due to a lawyer’s dishonesty can apply Baton Rouge, LA 70816-4388. Client Q A for reimbursement. You do not have to Assistance Fund applications are What is the Louisiana Client be a United States citizen. However, available by calling or writing: The Assistance Fund? if you are the spouse or other close Client Assistance Fund, 601 St. Charles The Louisiana Client Assistance Fund relative of the lawyer in question, or the Ave., New Orleans, LA 70130-3427, was created to compensate clients who lawyer’s business partner, employer or (504)566-1600 or (800)421-5722. lose money due to a lawyer’s dishonest employee, or in a business controlled Applicants are requested to complete conduct. The Fund can reimburse clients by the lawyer, the Fund will not pay an Application for Relief and Financial up to $25,000 for thefts by a lawyer. It you reimbursement. Also, the Fund will Information Form. covers money or property lost because a not reimburse for losses suffered by lawyer was dishonest (not because the government entities or agencies. Who decides whether I qualify for lawyer acted incompetently or failed reimbursement? to take certain action). The fund does How do I file a claim? The Client Assistance Fund Committee not pay interest nor does it pay for any Because the Client Assistance Fund decides whether you qualify for damages done as a result of losing your Committee requires proof that the reimbursement from the Fund, and, money. lawyer dishonestly took your money or if so, whether part or all of your property, you should register a complaint application will be paid. The committee How do I qualify for the Fund? against the lawyer with the Office of is not obligated to pay any claim. Clients must be able to show that Disciplinary Counsel. The Disciplinary Disbursements from the Fund are at the money or property came into the Counsel’s office will investigate your the sole discretion of the committee. lawyer’s hands. complaint. To file a complaint with The committee is made up of volunteer the Office of Disciplinary Counsel lawyers who investigate all claims. Who can, or cannot, qualify for the or to obtain a complaint form, write Fund? to: Disciplinary Counsel, 4000 South Almost anyone who has lost money Sherwood Forest Blvd., Suite 607,

Louisiana Bar Journal August / September 2020 124 Vol. 68, No. 2 www.lsba.org LAJ_LastChance_alaCarte2020_LSBAad_Layout 1 6/22/2020 3:06 PM Page 1

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Louisiana Bar Journal August / September 2020 124 Vol. 68, No. 2 www.lsba.org 442Louisiana Europe Bar StreetJournal • AugustBaton /Rouge, September Louisiana 2020 70802-6406125 • 225-383-5554Vol. 68, No. 2 • www.lsba.org www.lafj.org • [email protected] RECENTDevelopments BANKRUPTCY TO TAXATION

specting the debtor’s or an insider’s finan- the Osbornes for $2,139,988.31. The cial condition; (iii) on which the creditor to Osbornes did not notify Veritex of the whom the debtor is liable for such [debt] judgment. Instead, the Osbornes re- Bankruptcy reasonably relied; and (iv) that the debtor quested that Veritex extend the loan Law caused to be made or published with intent past the already expired maturity date. to deceive . . . .” Veritex agreed to an initial 60-day ex- In Osborne, Dr. Osborne was a well- tension, but requested updated financial respected cardiologist who opened his information before agreeing to a longer- Creditors Have Low Bar own practice, State of the Heart, P.L.L.C. term extension. Mrs. Osborne provided (SOTHC), in 2012. Dr. Osborne took a personal net-worth statement and a to Meet “Reasonable out a $500,000 loan from Veritex Bank financial statement for SOTHC. The up- Reliance” Standard and, along with his wife, personally dated personal financial statement again Under § 523(a)(2)(B) guaranteed the loan. Veritex required the failed to mention the personal guarantee Osbornes to provide a personal financial on the PMC lease and the judgment ren- Veritex Comm. Bank v. Osborne (In re statement and further required them to dered against the Osbornes. Nor did the Osborne), 951 F.3d 691 (5 Cir. 2020). update that financial statement with any Osbornes mention the guarantee or the The 5th Circuit addressed whether a unfavorable change in their financial sit- judgment in several face-to-face meet- debt was deemed non-dischargeable under uation. SOTHC also entered into a lease ings with Veritex representatives. For its Section 523(a)(2)(B) of the Bankruptcy agreement with Philips Medical Capital part, Veritex obtained a credit report on Code due to a false statement made by the (PMC) to lease $1,000,000 worth of the Osbornes, which, for whatever rea- debtor. The court specifically addressed medical equipment, again with a person, did not list the judgment against the whether the creditor “reasonably relied” sonal guarantee from the Osbornes. The Osbornes, and sent follow-up emails to on the debtor’s written statement. Osbornes did not notify Veritex of the the Osbornes inquiring about their per- Under 11 U.S.C. § 523(a)(2)(B), a debt personal guarantee to PMC. sonal liquidity. At no point was Veritex will not be discharged in bankruptcy if the SOTHC defaulted on the lease made aware of the personal guarantee of debt was incurred by “use of a statement with PMC and eventually had a judg- the PMC lease or the judgment against in writing (i) that is materially false; (ii) re- ment entered against both SOTHC and the Osbornes.

Louisiana Bar Journal August / September 2020 126 Vol. 68, No. 2 www.lsba.org As a result, Veritex approved the Veritex’s investigation actually showed Chapter 13 Plan Cannot renewal of the loan. A month later, that Dr. Osborne, in addition to his pri- SOTHC filed for Chapter 11 bankrupt- vate practice, was earning annual speak- Pre-Emptively Prohibit cy, quickly followed by the Osbornes ing fees of $325,000. None of this infor- Debtor from Seeking filing for Chapter 7 relief. In the Chapter mation amounted to any red flags that 7 proceeding, Veritex filed an adversary would have alerted Veritex that some- Plan Modification proceeding requesting that the Osbornes thing was amiss. Consistent with not be discharged from their personal Lastly, contrary to Dr. Osborne’s ar- 11 U.S.C. § 1329 guarantee based on Mrs. Osborne’s ma- guments, the court held that, in keeping terially false statements. with past precedent, Mrs. Osborne’s ac- Brown v. Viegelahn (Matter of Brown), The bankruptcy court ruled that, as to tions could be imputed to her husband. No. 19-50177, 2020 WL 3039046, at *8 (5 the initial loan, Dr. Osborne did not in- The 5th Circuit had previously held that Cir. June 8, 2020). tend to deceive Veritex when he failed to false statements by one spouse under The 5th Circuit determined whether mention the personal guarantee and, as Section 523(a)(2)(A), which does not conditional language inserted by the bank- to the extension, Mrs. Osborne indeed require a written statement, could be ruptcy court in a Chapter 13 debtor’s plan, intended to deceive Veritex by not men- imputed to the other spouse and that it restricting the debtor’s ability to seek mod- tioning the personal guarantee or the would be nonsensical to hold that the ification of his plan post-confirmation, was judgment in the updated financial state- same rule did not apply when the false allowable given 11 U.S.C. § 1329’s explic- ments, but Veritex did not reasonably statement was made in writing. Id. at it authorization of debtors seeking certain rely on her false statements. Therefore, 703-04. Further, the record revealed modifications. The 5th Circuit held that the debt could be discharged. The dis- that Dr. Osborne had expressly directed the disputed language, stating “Debtors trict court affirmed. Mrs. Osborne to manage both their per- shall not seek modification of this Plan Veritex and Dr. Osborne both ap- sonal financial affairs and the finances unless said modification also pays a 100% pealed to the 5th Circuit. The 5th Circuit of SOTHC, thereby making her Dr. dividend to unsecured claim,” inter alia, agreed that, in the initial loan applica- Osborne’s and SOTHC’s agent. contravened section 1329’s allowance for tion, Dr. Osborne did not intend to de- The personal guarantee was not dis- modification and was, therefore, -imper ceive Veritex and upheld that portion. chargeable because of Veritex’s reason- missible. The 5th Circuit observed that The court next turned to the renewal able reliance on Mrs. Osborne’s mate- its holding would have limited impact on application, specifically whether Veritex rially false statements in renewing the Chapter 13 creditors because modifica- reasonably relied on the false statements loan. tions of Chapter 13 plans pursuant to sec- provided by Mrs. Osborne and whether tion 1329 must meet the same standards Mrs. Osborne’s false statements could —Michael E. Landis imposed at plan confirmation, 11 U.S.C. be imputed to her husband. Member, LSBA Bankruptcy § 1329(b)(1), and a bankruptcy court As the 5th Circuit put it, Section Law Section may deny modification if it finds modifi- 523(a)(2)(B) is “meant to target bad- Heller, Draper, Patrick, Horn cation has not been sought in good faith. faith creditors who ignore red flags with & Manthey, L.L.C. Accordingly, a bankruptcy court should the knowledge that they can later avoid Ste. 2500, 650 Poydras St. not pre-emptively limit a debtor from the debtor’s discharge . . . .” Id. at 699. New Orleans, LA 70130 seeking modification. As part of this inquiry, the court exam- The debtor, Freddie Lee Brown, ines three factors — the existence of a “relationship of trust;” any apparent “red flags” that would alert an ordinar- ily prudent lender to falsehoods; and Karen H. Green, LLC whether “minimal investigation” would 3535 S. Sherwood Forest BLVD, Suite 201 Baton Rouge, LA 70816 reveal inaccurate representations. Id. at 225-330-2976 698. www.labarethics.com The 5th Circuit focused primarily on Legal Ethics Consulting Veritex’s investigative efforts during the renewal process and found that Veritex & asking follow-up questions to the Osbornes and obtaining a credit report Disciplinary Proceeding Defense Lawyer on the Osbornes qualified as a “minimal amount of investigation,” which did Karen Hayes Green Former Disciplinary Prosecutor, 2014 -2019 not uncover Mrs. Osborne’s deceit. Id. at 702. The credit report did not show KHG the judgment against the Osbornes, and

Louisiana Bar Journal August / September 2020 126 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 127 Vol. 68, No. 2 www.lsba.org filed for Chapter 13 bankruptcy in the The plan as currently proposed appeal, the trustee argued to the 5th Circuit Bankruptcy Court for the Western District pays a 100% dividend to unse- that the plan did not conform with section of Texas. Brown filed a five-year payment cured claims. The Debtors shall not 1325(a) and, therefore, was not confirm- plan, which promised to pay “approxi- seek modification of this Plan- un able without the Molina language. The mately 100%” of the claims of his unse- less said modification also pays a debtor countered that the plan fully com- cured creditors (amounting to $7,728.18) 100% dividend to unsecured claims. plied with section 1325(a)’s requirements, and included monthly payments of $1,080 Additionally, should this Plan ever therefore, confirmation was mandatory, to pay his secured creditors in full. The fail to pay a 100% dividend to un- and the court lacked the discretion to im- Chapter 13 trustee objected on the basis secured claims, the Debtors will pose any additional, non-statutory condi- that the plan did not satisfy the require- modify the Plan to continue paying tions on the plan. The 5th Circuit agreed ments of 11 U.S.C. § 1325(a); specifically, a 100% dividend. If the Plan fails to with the debtor that the plan satisfied all of the trustee appeared to object that the plan pay all allowed claims in full, the section 1325’s requirements but stopped was not feasible and was not proposed in Debtors will not receive a discharge short of finding that a plan which meets good faith. The trustee asked that the case in this case. section 1325(a) statutory requirements be dismissed but proposed — if the bank- cannot be subjected to additional require- ruptcy court was inclined to confirm the This language was derived from Molina ments pursuant to the bankruptcy court’s plan — that one of two conditions be in- v. Langehennig, No. SA-14-CA-926, 2015 equitable powers granted by 11 U.S.C. § serted into the plan. WL 8494012, at *1 (W.D. Tex. Dec. 10, 105. Instead, the 5th Circuit held: “At a At the debtor’s option, the plan could 2015) (Hudspeth, J.), and the 5th Circuit minimum, the [Molina] provision was not be required to divert all of the debtor’s dis- referred to the inserted provision as Molina ‘necessary or appropriate to carry out’ any posable income for the first seven months language. part of the Code identified in this appeal.” to pay the unsecured creditors, at which The debtor reluctantly agreed to have The 5th Circuit then pivoted to section point the debtor would begin paying a the Molina restriction incorporated into 1329 where the court felt it had “firmer lesser amount. Or the debtor could elect to the plan, and the bankruptcy court con- footing” to resolve the case. That provision incorporate the following language: firmed the re-payment plan. The debtor states, “At any time after confirmation of then appealed the confirmation order. On the plan but before the completion of pay-

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Louisiana Bar Journal August / September 2020 128 Vol. 68, No. 2 www.lsba.org ments under such plan, the plan may be summary judgment for defendant. modified, upon request of the debtor, the The 5th Circuit affirmed the trial trustee, or the holder of an allowed unse- Civil Law court’s decision, seeming to state that cured claim, to” adjust: payment amounts, and the passage of time in a case was indica- schedules or the distribution of payments Litigation tive as to whether a party facing sum- to the creditors. See, 11 U.S.C. § 1329(a) mary judgment had sufficient time to (1)-(4). The Molina language prevented conduct “adequate discovery” per La. future modifications from downwardly C.C.P. art. 966(3). In a stringent dis- adjusting the amount to be paid to unse- First Comes Lightning, sent, Judge Wicker argued that the court cured creditors. Accordingly, in the 5th should instead have referred to the multi- Circuit’s judgment, the Molina provision Then the Thunder factor test created in the 4th Circuit’s violated the plain language of section decision in Roadrunner Transportation Milton-Gustain v. Salvage Store, Inc., 1329. Noting that section 1329 would not System v. Brown, 17-0040 (La. App. 4 19-01854 (La. 2/10/20), 289 So.3d 48. give the debtor opportunity to seek a plan Cir. 5/10/17), 219 So.3d 1265, 1272-73, A previous article, “Lightning Strikes modification that would not be -accept ultimately arriving at the conclusion that Twice in 5th Circuit, Creating Split with able at confirmation, the 5th Circuit found summary judgment was premature be- the 4th,” (67 Louisiana Bar Journal the dispute over the Molina language to cause plaintiffs had not been able to ob- 282, Dec. 19/Jan. 20), covered a pair of be “much ado about nothing.” The 5th tain adequate discovery in time through 5th Circuit decisions issued on the same Circuit vacated the confirmation order and no fault of their own. day, discussing similar factual and pro- remanded to the bankruptcy court for fur- In a brief per curiam, the Louisiana cedural scenarios, with the same dispo- ther proceedings. Supreme Court sided with Judge Wicker sitions, resulting in a split between the and the 4th Circuit, citing three 4th 4th and 5th Circuit. One case, Milton- —Benjamin W. Kadden Circuit decisions that provide a general Gustain v. Salvage Store, Inc., 19-0042 Chair, LSBA Bankruptcy Law Section principle that the passage of time alone (La. App. 5 Cir. 10/2/19), 280 So.3d Lugenbuhl, Wheaton, Peck, Rankin & does not necessarily make summary 315, reached the Louisiana Supreme Hubbard judgment timely because parties must Court on a writ of certiorari. Ste. 2775, 601 Poydras St. still receive a fair opportunity to present In short, plaintiffs had been unable to New Orleans, LA 70130 their case. obtain the deposition of the only poten- Justice Weimer dissented, relying on tial eyewitness to the incident because the 5th Circuit’s reasoning and further the witness had failed to appear at the finding the decision to be soundly with- properly noticed deposition. Plaintiffs in the trial court’s discretion. filed a motion to compel, but, before it could be heard, the trial court granted

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Louisiana Bar Journal August / September 2020 128 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 129 Vol. 68, No. 2 www.lsba.org Open 24 Hours lished exception” unfairly favored only those attorneys who were aware of it, Stevenson v. Progressive Sec. Ins. thereby prejudicing the rest. Further, Co., 19-0637 (La. 4/3/20), 2020 WL the majority found this “exception” was Corporate and 1671565. discretionary. The clerk’s office policy Business Law The issue here is one of procedure effectively shortened prescriptive peri- — what the effect of a clerk of court’s ods, which would conclude at midnight turning off of a fax machine has on liti- on the last day of the period, and was, gants and, therefore, prescription. The therefore, invalid. Thus, the unsuccess- Writs of Mandamus Terrebonne Parish clerk of court main- ful fax-filing interrupted prescription. Directed at Corporations tained a policy of shutting off the of- Justice Weimer concurred in the decision, and stated concern over the un- fice’s fax machines at close of business Bernard v. La. Testing & Inspection, published nature and lack of disclosure (4:30 p.m.) because the unattended ma- Inc., 19-0575 (La. App. 3 Cir. 2/5/20), of the policy of turning the machine off chines tended to malfunction overnight. 290 So.3d 239. but making it available upon request. It Informally, the clerk’s office would keep On Aug. 19, 1968, Vernon Bernard suggests that had the clerk published its the machine on after hours by request (Vernon) purchased 1,500 shares of stock policy, Justice Weimer would not have and have a staff member remain. in Louisiana Testing and Inspection, disturbed the clerk’s discretion in imple- Plaintiffs made several attempts to Inc. (LTI) from an existing shareholder. menting the policy. fax-file a petition on the very last day When he died in 2015, ownership of the Justice Crain dissented, interpreting of the prescriptive period, but, because stock certificate representing the 1,500 the relevant statutes in pari materia to they did so after 4:30 p.m., the clerk’s shares was transferred to Alan Bernard state that a clerk of court must make the fax machine was not on to receive the (Bernard) under the terms of a settle- fax machine available during mandated signal. Plaintiff successfully filed the ment agreement. However, according office hours, but onlymay make it avail- next morning, whereupon defendant re- to Bernard, he lost the physical stock able at other times; that the office poli- sponded with an exception of prescrip- certificate in a house fire. Bernard as- cy of turning off the machines was not tion, which was granted in the trial court serted that his ownership of these shares improper and did not shorten the pre- and affirmed in the appellate court. The constituted a 15% ownership interest scriptive period under those rules; that Louisiana Supreme Court granted cer- in LTI and had requested to inspect the the unpublished policy was not unfair tiorari to determine whether the attempt- records of LTI. After being denied ac- because attorneys could easily apprise ed fax-filing interrupted prescription. cess to the records by LTI and Joseph H. themselves of it by calling the office; The Court’s decision centered on Guilbeaux, Bernard filed a petition for that the clerk was only statutorily obli- the interpretation of La. C.C.P. art. 253 writ of mandamus to inspect and copy gated to accept filings during mandated (“When a clerk of court establishes such LTI’s corporate books. business hours; and that the issue more a system, he shall adopt and implement Under La. C.C.P. art. 3864, a writ properly fell under contra non valentem. procedures for the electronic filing . . . .”) of mandamus may be directed to a For now, it appears that clerks around and La. R.S. 13:850 (“All clerks of court corporation to compel “the recogni- the state will be leaving their fax ma- shall make available for their use equip- tion of the rights of the corporation’s chines on providing all-hours opportu- ment to accommodate facsimile filing in members or shareholders.” Bernard as- nity to file. civil actions.”). The majority noted that serted the shareholder right pursuant to the decree to make equipment “avail- Section 1-602 of the Louisiana Business —Shayna Beevers Morvant able” is not the same as keeping the Corporation Act, which provides share- Secretary, LSBA Civil Law clerk’s office open, nor is it qualified holders holding at least 5% of the out- & Litigation Section by any time restrictions. The fax filing standing shares of the corporation the Beevers & Beevers, L.L.P. would have been successful but for the right, if certain statutory conditions are 210 Huey P. Long Ave. clerk’s office shutting the machine off; met, “to inspect and copy, during regular Gretna, LA 70053 thus, the clerk of court failed to make its business hours at a reasonable location and machine “available” per the statute. specified by the corporation, any and all Ashton M. Robinson Furthermore, allowing each clerk of of the records of the corporation.” JD 2020, Law Clerk court’s office to unilaterally make its The trial court found that Bernard Beevers & Beevers, L.L.P. own rules about the availability of the failed to meet the burden of proof for 210 Huey P. Long Ave. fax machines would result in incon- a writ of mandamus, based on the evi- Gretna, LA 70053 sistencies from parish to parish about dence submitted to the trial court by timely filing. Moreover, the “unpub- Bernard, namely his own testimony, the testimony of his brother, his sister and the succession attorney, and a copy of

Louisiana Bar Journal August / September 2020 130 Vol. 68, No. 2 www.lsba.org the stock certificate. Bernard appealed. The appellate court also dismissed session by Mr. Guilbeaux.” Similarly, The appellate court determined the the defendants’ peremptory exceptions the court dismissed the exception of no standard of review for the trial court’s of no right of action and acquisitive right of action. Bernard’s cause of ac- denial of a writ of mandamus was prescription. With respect to acquisitive tion, a petition for a writ of mandamus manifest error. To prevail in obtaining prescription, prior case law confirmed to inspect and copy the corporate books his writ of mandamus, Bernard had to that corporate stock is susceptible to ac- of LTI, required that he be a shareholder prove to the trial court by a preponder- quisitive prescription. The court noted of LTI. Because the defendants failed ance that he was a shareholder of LTI. that the possession must be “continu- to prove that Bernard did not have an Regardless of the trial court’s finding ous, uninterrupted, peaceable, public ownership interest in LTI, the court also that certain testimony given by Bernard and unequivocal.” To prove Guilbeaux dismissed this exception. and his brother was not credible, the ap- acquired ownership of the stock through The appellate court reversed the trial pellate court determined that Bernard acquisitive prescription, he must have court’s decision and granted Bernard’s met his burden of proof through other had possession of the stock sufficient to writ of mandamus to inspect and copy “unrefuted objective evidence of owner- “disturb” Vernon and Bernard’s owner- LTI’s corporate books. The decision is ship” presented at trial. Specifically, the ship. The defendants rested their argu- appealable. undisputed testimony of the sister and ment primarily on documents where the succession attorney established that Guilbeaux listed himself as sole owner —Alexandra C. Layfield and Vernon Bernard possessed the original of LTI that were filed with the Secretary Katherine E. Herbert stock certificate, which, after Vernon’s of State and the IRS and in his wife’s Members, LSBA Corporate and death, was delivered to Bernard. In ad- succession. The court found that these Business Law Section dition, Guilbeaux testified that Vernon filings were insufficient to put Vernon Jones Walker LLP purchased the shares, verified that the “on notice that his dominion was be- 445 North Blvd. stock certificate was issued to Vernon ing challenged, and, therefore, cannot Baton Rouge, LA 70802 and identified his own signature on the amount to public or unequivocal pos- copy of the stock certificate. However, the appellate court noted that while possession is prima facie evidence of corporate ownership, it is not “conclusive evidence, or actual ownership.” Therefore, the court had to determine whether the defendants met the “heavy burden” of challeng- Welcoming the Following Attorneys to Our ing Bernard’s objective evidence of Metairie Office ownership. The defendants provided multiple arguments. The defendants as- Partner Associate Automobile/Trncking Com1nercial Litigation Commercial Litigation Products Liability serted that Vernon failed to give proper Constrnction Law consideration for the original purchase Insurance Law Personal/Conunercial roperty P of the 1,500 shares. The court quickly & Casualty Litigation Products Liability dismissed this argument as the evidence “overwhelmingly refute[d]” it; namely, Vernon paid $3,000 and offered his drill- ing rig for LTI’s use on multiple occa- sions, all of which Guilbeaux admitted Associate Of Counsel Conunercial Litigation Automobile/Trucking Co1porate Goven1ance and Commercial Litigation Constn1ctionLaw in his testimony. The defendants also Business Planning Corporate Governance and Co1porate Law Business Planning asserted that Vernon terminated or re- Estate Plam1ing Corporate Law Insurance Law Employn1ent Law Personal/Conunercial Property Estate Planning signed from his ownership sometime Family Law & Casualty Litigation Govenunental/Municipal Liability in the 1970s. According to Guilbeaux, Insurance Law Personal/Conunercial Property LTI’s procedures were for a shareholder & Casualty Litigation to return his stock certificate and receive reimbursement of his capital contribu- WWW.BLUEWILLIAMS.COM U M OM tion when he left the company; however, Vernon did not return his stock certificate and did not receive -a reim bursement. Therefore, the court deter- The attorney responsible for this advertisement is Steve Pi=o, who can be reached

mined that Vernon had not resigned or at 3421 N. Causeway Blvd., Ste. 900, Metairie, LA, 504.831.4091. Nicholas P. Arnold terminated his ownership. Whitney C. Stewart

Louisiana Bar Journal August / September 2020 130 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 131 Vol. 68, No. 2 www.lsba.org

Kristina J. Fonte Steven M. Mauterer

WWW.BL EWILLIA S.C

METAIRIE, LA 3421 North Causeway Blvd., Suite 900 • 504.831.4091 MANDEVILLE, LA 1060 West Causeway Approach• 985.626.0058 “functional equivalent of a direct dis- action, that statute (La. R.S. 30:2026) charge” language used in the holding. specifically allows for the possibility of other kinds of lawsuits outside the realm Environmental Ongoing LDEQ of citizens suits under LEQA. Plaintiff’s Law suit clearly alleged tort claims under art. Enforcement Action 667 and did not seek to enforce envi- Doesn’t Bar a Tort Suit ronmental laws. There was a distinction between asserting a nuisance claim that Clean Water Act Schaumberg v. Parish of Jefferson, was caused by a probable violation of Requires Permits for 19-0140 (La. App. 5 Cir. 2/19/20), 292 environmental laws and a claim seeking So.3d 154. to enforce a probable violation of envi- Certain Discharges into Plaintiff, a property owner in ronmental laws. Groundwater Jefferson Parish, sued the parish over The 5th Circuit accordingly reversed its operation of a landfill, alleging nui- a lower court ruling on the parish’s County of Maui, Hawaii v. Haw. sance under La. Civ.C. art. 667 and re- exception of no right of action and re- Wildlife Fund, 140 S.Ct. 1462 (2020). questing an injunction pursuant to La. manded for further proceedings. The Supreme Court issued a Clean C.C.P. art. 3601. Plaintiff alleged that Water Act (CWA) opinion concluding “foul, noxious odors and/or substances Bayou Bridge Pipeline that a CWA permit is required when have emanated from the JP Landfill into there is either a direct discharge from and onto the persons and properties of Moves Forward a point source into navigable waters or neighboring communities, including when there is the “functional equiva- into and onto Petitioner’s immovable Atchafalaya Basinkeeper v. U.S. lent” of a direct discharge. property.” Plaintiff further suggested Army Corps of Engineers, No. CV The case involved Maui’s wastewa- that the nuisance might be a result of the 18-23-SDD-EWD, 2020 WL 1450750 ter treatment system, which collects and landfill being operated with “inadequate (M.D. La. March 25, 2020). partially treats sewage, then pumps four and antiquated” leachate-collection and In the continuing legal and political million gallons of it every day through gas-collection systems. saga of the Bayou Bridge pipeline de- a half mile of groundwater into the Plaintiff concluded that art. 667, velopment, the Middle District granted Pacific Ocean. Plaintiffs, environmental which prohibits a landowner from using motions for summary judgment by the groups, brought a citizen’s suit under his or her property in such a way as to Army Corps of Engineers and Bayou the CWA, arguing that this discharge “deprive his neighbor of the liberty of Bridge, and denied a motion for sum- through the groundwater system was the enjoying his own, or which may be the mary judgment filed by various envi- discharge of a pollutant into navigable cause of any damage to him,” provided ronmental plaintiffs. The Corps issued waters without a permit. The Supreme a cause of action. The parish, however, permits to Bayou Bridge for a pipeline Court agreed, explaining that this dis- responded that the suit should be barred across the Atchafalaya Basin capable of charge to groundwater was “the func- because La. R.S. 30:2026(B)(4)(a) pre- carrying nearly half a million barrels a tional equivalent” of a discharge from a cludes citizen suits against any party that day of crude oil. point source; going from point source to is “[u]nder any order issued pursuant to Plaintiffs claimed that the Corps’ groundwater to ocean did not change the [the Louisiana Environmental Quality pre-permit review failed to assess criti- underlying need for a permit. Act (LEQA)] to enforce any provision cal environmental impacts arising from The 6-3 opinion relied on legisla- of [the LEQA].” Here, the parish had project construction and operations and tive intent as well as EPA’s own his- been issued a compliance order from a long history of alleged noncompli- torical record of requiring permits for LDEQ directly addressing the inad- ance of prior Corps pipeline permits in groundwater-based discharges where equate leachate-collection system and violation of the National Environmental there was a geologic and temporal con- the failure to cover the waste — similar Policy Act and that the Corps failed to nection between groundwater injections to the issues identified by the plaintiff in consider oil spill risks in violation of the and the subsequent release into naviga- his petition. Clean Water Act. The Corps disagreed, ble waters. The Supreme Court opinion The court sided with the plaintiff and pointing to its lengthy and in-depth in- drew a line between the underlying 9th disagreed with the parish, which had quiry with Bayou Bridge, requiring sub- Circuit decision, which suggested that asserted that the nuisance claims under stantial revisions and updates to draft all groundwater discharges may require art. 667 were essentially an attempt to environmental analyses and requesting a permit, and the EPA’s newly issued bring a citizens’ suit to enforce LDEQ and obtaining additional data and infor- Waters of the United States rule, which regulations. The court noted that while it mation, as well as requesting comments states that the CWA does not regulate was indeed true that the statute bars citi- and information from the public and discharges to groundwater, and came zen suits where LDEQ is already taking other agencies down somewhere in the middle with the The court, in reviewing the adminis-

Louisiana Bar Journal August / September 2020 132 Vol. 68, No. 2 www.lsba.org trative record, determined that there was property together, the property was ac- interest in the property to Fairbanks, it no basis for a finding that the Corps ne- quired by them as equal, undivided co- is unclear whether any rights she had to glected its legal obligations to perform owners. reimbursement remained hers, passed to an independent review of the oil spill The appellate court emphasized that Fairbanks, or were extinguished.” The risks from the project and that this re- the issue was the parties’ intent at the court concluded that as those matters cord of lengthy review was sufficient to time of acquisition, as the acquisition were not raised on the appeal before it, satisfy the requirements for the issuance document evidenced that they were ac- they were “issues for another day.” of the permits to the pipeline. quiring it as co-owners. The trial court erred in focusing on the disagreements UCCJEA —Lauren E. Godshall between the parties at the end of their Member, LSBA Environmental subsequent marriage. However, the Harvey v. Harvey, 19-1635 (La. App. 1 Law Section court affirmed the trial court’s order that Cir. 5/11/20), 2020 WL 2319755. Tulane Environmental Law Clinic the property, which was now owned While residing in Florida, the parties 6329 Freret St. in indivision between Fairbanks and divorced and entered into a judgment New Orleans, LA 70118 Johnson, had to be partitioned by licita- in Florida addressing custody and child tion, as it could not be equally divided support. The entire family then moved so as to be partitioned in kind. to Louisiana for over one year, and, Regarding potential reimbursement subsequently, the mother and two of the claims that Peterson may have had children moved back to Florida. After Family against Johnson for improvements made she returned to Florida, the father filed Law to the property with her separate funds, a petition to modify custody and support the court found that while she sought re- in Louisiana, which the district court imbursement from him in a cross-claim, granted. The court of appeal reversed, little evidence was presented at trial, finding that Louisiana lacked subject Property and “because Peterson transferred her

Fairbanks Dev., L.L.C. v. Johnson, 53,427 (La. App. 2 Cir. 4/22/20), 2020 WL 1933214. Prior to their marriage, Jessica ERISA / LONG TERM Peterson and Charles Johnson bought two tracts of immovable property, using Peterson’s separate property, but DISABILITY CLAIMS placing both parties’ names on the act of sale as purchasers. Subsequently, Peterson sold her interest to Fairbanks (DENIALS / ADMIN APPEALS / FEDERAL COURT) Development and granted Fairbanks an option to purchase any interest she might have in Johnson’s presumptive interest if she were found to be the sole tatewide and owner. Fairbanks then sued Johnson to S , La tX determine ownership of the remaining tract of land, which it sought to partition Over 28 yearS – av rated by licitation. The trial court found that both properties were Peterson’s separate property, as Johnson did not contribute to the purchase price. The court of appeal J. Price McNamara Law Offices reversed, finding that the law, which it found to be clear, required the property Web: jpricemcnamara.com to be classified based on the parties’ in- Email: [email protected] tent at acquisition, which was presumed to be equal co-ownership. Because Baton Rouge: 225-201-8311 Peterson did not rebut the presumption of co-ownership, but, in fact, testified Metairie: 504-458-8455 that the parties intended to acquire the

Louisiana Bar Journal August / September 2020 132 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 133 Vol. 68, No. 2 www.lsba.org matter jurisdiction under the UCCJEA Use and Occupancy procedure under La. R.S. § 38:2191, to modify the Florida custody judgment. then the trial court must determine what Although Louisiana may have been Anthony v. Anthony, 19-1198 (La. App. sum is owed under the parties’ contract, the home state for an initial custody 1 Cir. 5/26/20), 2020 WL 2730813. including the amount of liquidated dam- determination, it lacked subject mat- In both parties’ initial petitions, they ages payable under the contract. This deter jurisdiction to modify the pre-ex- sought use and occupancy of the matri- cision was recently reaffirmed in Coast isting Florida judgment as there was monial domicile, and, alternatively, rental 2 Coast Construction, L.L.C. v. Parish of no evidence showing that Florida had value for the other’s use. However, those St. Tammany, 2019-CA-1311 (La App. 1. relinquished its jurisdiction or that rules were not heard until the partition Cir. 6/16/20), ____ So.3d ____. Louisiana would be a more convenient trial itself. Ms. Anthony resided in the In Law Industries, the 1st Circuit was forum and the mother and the children home from the time of the filing of her asked to determine whether, in a man- now resided in Florida. Louisiana also initial petition for divorce until the home damus proceeding, “the trial court may lacked jurisdiction under the Uniform was destroyed by a flood. The trial court, deduct the amount of liquidated damages Interstate Family Support Act (UIFSA) at the partition trial, awarded her use and provided for in a public contract from the to modify the Florida support order be- occupancy retroactively from the date of total amount due under that contract . . . .” cause the obligee resided in Florida, not the filing of her petition until the date the In that case, Law Industries had en- Louisiana, and Louisiana did not have home was destroyed. It also awarded Mr. tered into a contract with LSU for jurisdiction under the UIFSA provi- Anthony, retroactively, rent for her use. The Law Industries to renovate the Beach sions. court of appeal reversed, finding that the Volleyball Team Shower Facilities at court could not retroactively award use and LSU in Baton Rouge. The project was re- Donations occupancy or rent. Moreover, rental value quired to be completed within 60 days or could be awarded only at the time use and Law Industries would be subject to $500 Didier v. Simmons, 19-1100 (La. App. 1 occupancy was awarded, unless the rental per day in liquidated damages. After Law Cir. 5/11/20), 2020 WL 2319140. value was deferred to the partition. Industries failed to timely complete the Mr. and Mrs. Didier filed a petition project, LSU put Law Industries on no- to revoke a donation to their son-in-law —David M. Prados tice of its intent to assess liquidated dam- after he admitted having an extramari- Member, LSBA Family Law Section ages due to the failure to timely complete tal affair. They argued that his lying to Lowe, Stein, Hoffman, Allweiss the project. Upon acceptance of the proj- them and their daughter about the affair & Hauver, L.L.P. ect by LSU, Law Industries provided and the humiliation and embarrassment Ste. 3600, 701 Poydras St. LSU with a final invoice which LSU re- caused to them as a result, including the New Orleans, LA 70139-7735 fused to pay. betrayal of their trust, was grounds to Subsequently, Law Industries filed a revoke the donation to him because of mandamus action against LSU seeking cruel treatment toward them. The trial the final amount due under the contract court granted the son-in-law’s exception Fidelity, and argued that even if liquidated damag- of no cause of action. The court of ap- Surety and es were due that defendant was required peal affirmed the granting of the excep- Construction to remit the “total amount due” under tion of no cause of action. It found that Law the contract without assessing liquidated the allegations were “too general and damages. In turn, the court heard argu- vague to state a cause of action against ment on the mandamus petition and de- Appellee for cruel treatment towards Circuit Split on nied Law Industries’ writ of mandamus Appellants” but found that appellants Proper Procedure for and dismissed Law Industries’ claim with were entitled to an opportunity to amend prejudice determining the defendant had their petition to attempt to state a cause Determining Liquidated the right to withhold liquidated damages of action. It, therefore, dismissed that Damages Under Public under the contract and had an offset to the amount owed to Law Industries. part of the judgment dismissing their Works Contract suit and remanded to allow them the op- On appeal, Law Industries, relying on the Louisiana 4th Circuit Court portunity to amend. One judge dissent- Law Industries, L.L.C. v. Bd. of ed, stating that he would have found that of Appeal decision in Woodrow Wilson Supervisors, LSU, No. 2018-CA-1756 Construction Co., L.L.C. v. Orleans the plaintiffs sufficiently alleged a cause (La. App. 1 Cir. 3/2/20), ____ So.3d of action on the grounds that the son-in- Parish School Board, argued that the ____. trial court erred in its interpretation and law’s actions were “‘naturally offensive’ The Louisiana 1st Circuit Court of to them, not just to their daughter.” He application of the mandamus statute. Appeal in Law Industries, L.L.C. v. Bd. Specifically, Law Industries argued that would have denied the exception and al- of Supervisors of LSU held that, in the lowed evidence to be presented at trial. Woodrow Wilson provides “that as a pub- event a plaintiff utilizes the mandamus lic entity, the defendant cannot rely on

Louisiana Bar Journal August / September 2020 134 Vol. 68, No. 2 www.lsba.org the liquidated damages clause in the par- ago, in Bowers v. Hardwick, 478 U.S. Holder — articulating in detail the rea- ties’ contract to avoid paying the plaintiff 186 (1986), the Supreme Court upheld sons supporting its new position — that because defendant is statutorily required a Georgia law which imprisoned LGBT transgender discrimination violated to do so under La. R.S. 38:2191(D).” In persons for intimate conduct in the pri- Title VII. In 2015, the EEOC held in addition, Woodrow Wilson requires that vacy of their homes. In 2015, the Court Baldwin v. Foxx that discrimination on disputes over liquidated damages are re- ruled in Obergefell v. Hodges, 576 U.S. the basis of sexual orientation violates quired to be litigated in an ordinary pro- 644 (2015), that same-sex couples have a Title VII. Baldwin cited the 5th Circuit ceeding. fundamental right to marry. LGBT rights Court of Appeals’ decision in EEOC v. In response, the 1st Circuit ex- came full circle in 2020, back to Georgia, Boh Brothers, 731 F.3d 444, 459-60 (5 plained that “[Law Industries’] reliance where the County of Clayton fired Mr. Cir. 2013) (en banc), which held that on Woodrow Wilson is misplaced, and Bostock for being gay. same-sex harassment because of non- we respectfully choose to not follow its The Court heard oral argument in the conformity to sex stereotypes — includ- ruling.” It went on to hold that La. R.S. three cases in October 2019 — Altitude ing through use of homophobic epithets 38:2191 mandates that Law Industries Express Inc. v. Zarda (Zarda), Bostock — is actionable under Title VII, per may utilize a mandamus proceeding to v. Clayton County (Bostock) and R.G. the Supreme Court’s decision in Price order a public entity to pay any sums & G.R. Harris Funeral Homes v. EEOC Waterhouse. There, the Court ruled un- owed under a public contract, but in such (Harris Funeral Homes). The overarch- lawful an employer’s discriminating an event, the trial court must determine ing question presented is whether Title against a female partner because she was in the summary proceeding, “what sum is VII’s prohibition against sex discrimina- insufficiently “feminine.” The Court -em owed under the parties’ contract, includ- tion encompasses sexual orientation or phasized that Title VII was “intended to ing the amount of liquidated damages transgender status. More simply, does strike at the entire spectrum of disparate payable under the contract’s provisions.” Title VII protect LGBT persons? treatment of men and women resulting In Zarda, the plaintiff, a skydiving in- from sex stereotypes.” Price Waterhouse —Luke P. LaRocca structor, alleged that the employer fired v. Hopkins, 490 U.S. 228, 251 (1989). Member, LSBA Fidelity, Surety and him because he was gay. The 2nd Circuit In Oncale, Justice Scalia wrote for the Construction Law Section Court of Appeals ruled that sex orienta- majority holding that same-sex harass- Simon, Peragine, Smith & tion discrimination is “because of sex” ment violates Title VII, notwithstanding Redfearn, L.L.P. under Title VII. In Bostock, the employer the fact that it was not the principal evil 1100 Poydras St., 30th Flr. fired a long-term employee because he that Congress had envisioned. Oncale New Orleans, LA 70163 joined a gay softball league. The 11th v. Sundowner Offshore Servs., Inc., 523 Circuit Court of Appeals held that sexual U.S. 75, 79 (1998). Instead, Justice Scalia orientation is not covered by Title VII. emphasized, “It is ultimately the provi- Labor and In Harris Funeral Homes, the EEOC sions of our laws rather than the principal Employment and private plaintiff alleged that the concerns of our legislators by which we employer fired the plaintiff because she are governed.” Id. Law informed the employer she was a trans- Justice Gorsuch, writing for the ma- gender woman and intended to present as jority, joined by Justices Roberts, Breyer, such at work. The 6th Circuit ruled that Ginsberg, Kagan and Sotomayor, held Supreme Court Holds discrimination against a person based on that LGBT discrimination is inherently transgender status violates Title VII. “because of sex” and violates Title VII, LGBT Employment In 2012, the EEOC held, in Macy v. under its plain meaning. Justices Alito, Discrimination Unlawful

Bostock v. Clayton Cty., Georgia, ____ S.Ct. ____, 2020 WL 3146686 (2020). The U.S. Supreme Court on June 15, 2020, issued arguably the most significant decision in employment law history — and certainly the most con- sequential employment decision ever concerning LGBT rights — Bostock v. Clayton County, Georgia. The textual- ist opinion, resolving a trilogy of cases, clarifies the scope of Title VII of the Civil Rights Act of 1964 (Title VII) in regard to LGBT issues. Thirty-four years

Louisiana Bar Journal August / September 2020 134 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 135 Vol. 68, No. 2 www.lsba.org Thomas and Kavanaugh dissented. From to recognize today a necessary tice of civil penalty to Statoil. ONRR the outset, Justice Gorsuch cut to the consequence of that legislative relied on 30 U.S.C. § 17119(d), which chase: choice: An employer who fires an authorizes the imposition of a penalty individual merely for being gay or against any person who “knowingly or Today, we must decide whether an transgender defies the law. willfully prepares, maintains, or submits employer can fire someone simply false, inaccurate, or misleading reports, for being homosexual or transgen- Id. at *18. notices, affidavits, records, data, or other der. The answer is clear. An em- written information.” ONRR stated that ployer who fires an individual for —Gregory T. Juge the penalty was being imposed for a being homosexual or transgender U.S. Equal Employment “knowing and willful maintenance of in- fires that person for traits - orac Opportunity Commission correct information on gas sales volumes tions it would not have questioned Hale Boggs Federal Building reported.” in members of a different sex. Sex Ste. 809, 500 Poydras St. Statoil challenged the penalty, argu- plays a necessary and undisguis- New Orleans, LA 70130 ing to an administrative law judge that able role in the decision, exactly the company had not “maintained” inac- what Title VII forbids. curate reports because the reports were stored in ONRR’s online database. Thus, Bostock v. Clayton Cty., Georgia, ONRR had “maintained” the data. Statoil 2020 WL 3146686, at *3 (U.S. June 15, Mineral had not. The administrative law judge 2020). rejected that argument. Statoil appealed Analytically, the opinion is straight- Law to the Department of Interior’s Board of forward: “It is impossible to discriminate Land Appeals, but the board affirmed. against a person for being homosexual Statoil appealed to the U.S. District Court or transgender without discriminating for the Southern District of Texas, but the against that individual based on sex.” Id. Company Had Duty district court affirmed. Statoil then- ap at *7. to Correct Inaccurate pealed to the U.S. 5th Circuit. Justice Gorsuch addressed and un- The 5th Circuit also rejected Statoil’s equivocally rejected each of the dissents’ Production Reports arguments and affirmed. The court arguments. The Court rejected the no- Sent to Federal noted that, in the Webster’s Third New tions that Title VII cannot cover LGBT Government International Dictionary, one meaning discrimination because it doesn’t name of “maintain” is “to keep in a state of that characteristic explicitly, or that Statoil USA E&P, Inc. v. U.S. Dep’t repair, efficiency, or validity.” The court Congress has failed to pass other legis- of Interior, 801 Fed. Appx. 232 (5 Cir. concluded that, for purposes of 30 U.S.C. lation aimed at protecting LGBT rights. 2020). § 1719(d), a lessee must correct reports The Court also rejected the argument Statoil USA E&P, Inc. held an oil- that it knows are false, inaccurate or mis- that if an employer discriminates against and-gas lease on the Outer Continental leading in order to avoid liability for hav- male and female LGBT persons alike, Shelf. In August 2010, the federal gov- ing maintained inaccurate records. The there is no Title VII violation. The Court ernment’s Office of Natural Resources court stated that it makes little sense to noted that religious defenses were not Revenue (ONRR) found “significant vol- interpret § 1719(d)’s sanctions for main- presented, and there were no issues pre- ume variances” when comparing natural- taining inaccurate records to apply only sented concerning bathrooms or groom- gas-production information reported by when a company has physical possession ing codes, and, therefore, such disputes Statoil to information supplied by gas- of the inaccurate information. Indeed, would be for another day. plant operators. ONRR sent an order to stated the 5th Circuit, “[i]n the context Justice Gorsuch cogently concluded: Statoil instructing Statoil to correct its of an online record-keeping system, a reports within 30 days. Statoil did not do distinction based on physical possession Ours is a society of written laws. so. makes even less sense.” Id. at 236-37. Judges are not free to overlook ONRR contacted Statoil about the The 5th Circuit also stated that plain statutory commands on the variances again in January 2011 and May Statoil’s interpretation of § 1719(d) strength of nothing more than 2011. Statoil acknowledged that its prior would “lead to bizarre results” because suppositions about intentions or reports were inaccurate, but it failed to it would only penalize a company for guesswork about expectations. correct them. In August 2011, ONRR maintaining inaccurate internal records In Title VII, Congress adopted threatened to impose penalties for a and would not penalize a company for broad language making it illegal “knowing or willful failure to maintain failing to correct inaccurate data supplied for an employer to rely on an em- accurate information.” Id. at 235. Statoil to the federal government, even though ployee’s sex when deciding to fire still failed to correct its reports. that data is the information that the gov- that employee. We do not hesitate In February 2012, ONRR sent a no- ernment is most likely to use. Id. at 237.

Louisiana Bar Journal August / September 2020 136 Vol. 68, No. 2 www.lsba.org Significant Improvement below the typical cost to plug and abandon a well. The auditor found that in in Management 2019 the average cost to plug and aban- of Active, Orphan don an onshore well less than 3,000 feet Professional deep was about $4.76 per foot, but that Liability Wells, But Additional the required financial assurance was only Improvement Desirable $2 per foot. The average cost to plug and abandon deeper onshore wells was In 2014, the Louisiana Legislative approximately $35.84 per foot, but the Filing Fees Per Auditor issued a report on the Louisiana required financial assurance was $4 per Office of Conservation’s management foot. In addition, the auditor found that Qualified Defendant of active and orphan wells. The auditor Conservation was not conducting enough Kirt v. Metzinger, 19-1162 (La. 4/3/20), concluded that Conservation was not re-inspections. The auditor’s full report ____ So.3d ____, 2020 WL 1671571. conducting a sufficient number of inspec- is available online at: http://app.lla.state. The plaintiffs filed a medical-review- tions of wells; there were too many wells la.us/PublicReports.nsf/0/C9D7297FEA panel request in which they named three for which Conservation did not require 93568D86258528006BA4F8/$FILE/000 defendants. The plaintiffs were notified financial assurance (security to ensure 1FA2E.pdf?OpenElement&.7773098. that a $100 filing fee for each defendant the proper plugging and abandonment was required. Two weeks later, the plain- of wells at the end of the wells’ lives); —Keith B. Hall tiffs amended the panel request to add de- when financial assurance was required, Member, LSBA Mineral Law Section fendants Taquino and an “Unidentifiable the amount often was too low; and Director, Mineral Law Institute CRNA.” A check for $500 was enclosed Conservation lacked an effective pro- LSU Law Center with this amendment “to cover the filing gram for dealing with operators’ failures 1 E. Campus Dr. of this request for medical review panel.” to comply with regulations. The auditor Baton Rouge, LA 70803-1000 One month later, the plaintiffs filed a sec- made 21 recommendations. and ond amended panel request in which they In March 2020, the auditor released Colleen C. Jarrott advised that they were unable to identify a report that examined Conservation’s Member, LSBA Mineral Law Section the unknown CRNA, and they added as a progress toward complying with the rec- Baker, Donelson, Bearman, new defendant Parish Anesthesia. The PCF ommendations the auditor made in 2014. Caldwell & Berkowitz, P.C. responded that Parish Anesthesia was a The auditor found that Conservation has Ste. 3600, 201 St. Charles Ave. qualified healthcare provider and that veri- fully or partially implemented all 21 rec- New Orleans, LA 70170-3600 fication was being obtained on Taquino, but ommendations. For example, the frac- there was no mention of an additional filing tion of wells for which Conservation re- fee. Months later, the plaintiffs identified quires financial assurance has increased Martin as the formerly unknown CRNA. from 25% of wells to 66.3% of wells, The PCF responded, confirming that Martin and Conservation has increased the and Taquino were PCF qualified and - re amount of financial assurance required. questing an additional $100 filing fee. The Conservation has improved its inspec- plaintiffs did not timely pay the additional tion process and developed procedures $100 filing fee, whereupon the PCF advised that specify when the agency should issue compliance orders and impose penalties for active wells failing inspection and when Conservation should conduct re-inspections. Further, Conservation has amended its regulations to help ensure that operators schedule the plugging and abandonment of inactive wells that have no future utility, rather than delaying the plugging and abandonment by stating the wells have future utility. However, the auditor found that Conservation’s management of wells should be improved further. For example, although Conservation has increased the amount of financial assurance required, the amount of financial assurance is still

Louisiana Bar Journal August / September 2020 136 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 137 Vol. 68, No. 2 www.lsba.org that the request to add Martin as a defen- This interpretation gives effect to time,” including Taquino — which it did dant was “invalid and without effect.” all parts of the statute, particularly — whereas the plaintiffs’ failure to pay the The medical-review panel found no Subparagraphs (c), (e), and (g), additional $100 to add Martin resulted in breach of the standard of care by any party, which provide a claim-based, “per only that claim prescribing. including Martin. The plaintiffs then filed qualified defendant” filing fee . . . . suit against all defendants. Soon thereafter, —Robert J. David summary judgment was granted for the The Court noted that these plaintiffs Gainsburgh, Benjamin, David, three first-named defendants. Thereafter failed to pay a fee only for a claim against Meunier & Warshauer, L.L.C. Taquino, Martin and Parish Anesthesia one defendant, which led the Court to ask Ste. 2800, 1100 Poydras St. filed exceptions of prescription in which and answer: New Orleans, LA 70163-2800 they contended that the panel requests were invalid because of the failure to pay the fi- Under these circumstances, when nal filing fee of $100. Prescription, they Subparagraph(e) declares “the re- contended, had not been suspended for quest for review of a malpractice any claim. The plaintiffs argued that sev- claim” invalid and without effect, Taxation eral requests for panel review were filed, the question is which request for re- including a separate request for Taquino view, and more specifically, which and Parish Anesthesia respectively, and the malpractice claim? The language of filing fees for those requests were timely Subparagraphs (c) and (e) reveals COVID-19’s Impact on paid. The plaintiffs conceded that their the answer: the claim against the failure to pay the $100 fee to add Martin specific qualified healthcare provid- State Taxation invalidated the claim against her but con- er for whom no filing fee was paid. tended that this “should not retroactively Due to the COVID-19 public health invalidate claims already perfected against Since the statute requires payment of “a emergency, the Louisiana Department of Taquino and Parish Anesthesia.” filing fee . . . per named defendant,” the lan- Revenue (LDR) extended the filing and pay- The trial court decided that, because guage “suggests a distinct charge for each ment due dates for several state taxes. The there were six qualified providers named, qualified defendant, not a global fee for the Department issued Revenue Information a filing fee of $600 was required. The entire proceeding.” The Court further rea- Bulletins 20-008, 20-009 and 20-011, and plaintiffs paid only $500, and the failure to soned that “[t]he statute does not assess a fee Revenue Ruling 20-002 to provide guidance. pay the full amount rendered the plaintiffs’ ‘per panel proceeding’ or ‘per request for re- entire complaint invalid and all claims pre- view.’ Rather, it imposes a fee of a specific Revenue Information Bulletin 20-008 scribed. The court of appeal affirmed. amount for each named defendant . . . .” ► Provided an extension for the The Supreme Court noted the trial The statutory language requiring a February 2020 sales tax returns for a filing court’s ruling that the PCF is obligated filing fee for “each identified qualified and payment extension to May 20, 2020. to advise which claimants are “qualified” healthcare provider” convinced the Court This extension includes General Sales and the amount of the filing fee. The Court to decide that the “notion of one ‘filing Tax, Automotive Rental Excise Tax, Hotel acknowledged that untimely payments fee’ for every panel proceeding cannot Occupancy Tax and other local sales taxes render a request for review invalid. The be reconciled with the different payment administered by LDR. It also provided that defendants again argued that the plaintiffs’ deadlines that arise when the PCF sends electronic filing and payments specific to failure to pay the additional $100 filing fee separate letters confirming defendants’ sales tax returns are temporarily suspended. for their claims against Martin rendered qualified status. A single filing fee cannot ► Provided an extension for the “the entire request for review,” includ- be subject to different payment deadlines.” February 2020 excise tax returns for a filing ing the original and all amended panel The Court “reject[ed] the overgeneral- and payment extension to May 20, 2020. requests, “invalid and without effect ‘as ization in prior appellate court decisions This extension includes wine shipped di- to all defendants.’ Therefore, prescription that when a claimant in a multi-defendant rect to consumers and Louisiana and Parish was never suspended as to any defendant.” proceeding fails to timely pay the ‘full fil- and Municipal Beer Tax. The Court wrote: ing fee,’ the ‘entire request for review’ is ► Provided an extension for audits invalid and without effect as to all named and litigation. No manual formal assess- Finding the lower courts’ interpre- providers.” The PCF’s duties are “man- ments would be issued on audited accounts. tation inconsistent with the statu- datory and ministerial in nature to facili- Extensions available upon request for cases in tory language, we hold the failure tate the medical review process. In that field audit, review or litigation stages at LDR. to timely pay a filing fee invalidates regard, the PCF stands in the same posi- ► Provided an extension of prescrip- only the request to review a mal- tion as clerks of court.” In this case, “the tion of tax assessments. Suspension effec- practice claim against the specific PCF was specifically instructed to use the tive beginning March 16, 2020, through at qualified healthcare provider for $500 check to cover the filing fee for the least June 5, 2020. Extension is specific to whom no fee was timely paid. defendants named in the proceeding at that the time delays for appeals to the Louisiana Board of Tax Appeals and courts.

Louisiana Bar Journal August / September 2020 138 Vol. 68, No. 2 www.lsba.org Revenue Information Bulletin 20-009 Does the Governor’s claims for refund or credit; and respond ► Provided an extension for the 2019 to a tax assessment. The title not only in- income and franchise tax returns for a fil- Suspension of Legal cludes deadlines for taxes levied and ad- ing and payment extension to July 15, Deadlines in Title ministered by the state of Louisiana, but 2020. This extension includes partnership, also for local ad valorem; sales/use; and individual, fiduciary and corporation tax 47 Relate to Legal occupational license taxes. These dead- types. It provided fiscal year filers with a Proceedings Alone? lines impact, among other things, inter- due date between March 1 and May 30, a est and penalties and the dates on which 60-calendar-day extension from the original On March 16, 2020, Gov. John Bel they begin to accrue — which makes the due date. These are automatic extensions; Edwards issued Proclamation JBE interpretation of Gov. Edwards’ suspen- no extension requests are necessary. 2020-30, which, among other things, sion particularly important. provides that “[l]egal deadlines, in- The Louisiana Department of Revenue Information Bulletin 20-011 cluding liberative prescription and Revenue (LDR) and local collectors ► Provided an extension for the February peremptive periods applicable to le- interpret the proclamation consistent 2020 severance tax returns for a filing and gal proceedings . . . are hereby sus- with earlier emergency proclamations, payment extension to June 25, 2020. pended . . . including, but not limited as applying solely to deadlines in legal to . . . Title 47 of the Louisiana Revised proceedings. Indeed, the LDR issued Revenue Ruling 20-002 States, Revenue and Taxation . . . .” several policy documents purporting to ► Provided guidance on first and sec- The suspension was originally in effect extend certain filing and payment dead- ond quarter 2020 declaration payments. until Monday, April 13, 2020, and was lines, taking the position that the gov- Payment extension unavailable, but safe- further extended through subsequent ernor’s proclamations did not extend harbor payment calculation granted to proclamations until June 5, 2020. those deadlines. But the Louisiana Tax avoid underpayment of estimated tax pen- In previous emergency/disaster dec- Commission, which administers proper- alty. Payments must be made by statutory larations, including those issued in the ty taxes, appears to interpret the suspen- due date, and the payments must be at least aftermath of Hurricanes Katrina and Rita sion as applying to all deadlines, includ- 90% of the amount paid on the correspond- and the flooding in East Baton Rouge ing filing/payment deadlines. The issue ing previous year payments. and surrounding parishes in 2016, the of whether the governor’s proclamation ► Provided guidance on late filed elec- governor’s proclamations simply sus- suspends all deadlines, including those tions of pass-through entity tax. LDR will pended liberative prescription and pe- not directly related to legal proceedings, treat late filed elections as timely if filed -be remptive periods and “deadlines in legal is an important one for Louisiana tax- fore July 16, 2020. proceedings.” Those proclamations’ lan- payers and will likely be tested in future ► Provided guidance on an extension of guage was not as expansive as the most proceedings. time to acquire tax credit or execute a bind- recent suspensions of all legal deadlines ing agreement to transfer a tax credit. In or- within a particular statutory title. Title —Jason R. Brown and der for a taxpayer who purchases a credit 47 of the Louisiana Revised Statutes im- William J. Kolarik II to use the credit on a return, Louisiana law poses many legal deadlines not directly Members, LSBA Taxation Section requires that either (1) the effective date of related to active legal proceedings, in- Kean Miller LLP the transfer of the tax credit or (2) the excluding deadlines to file returns and Ste. 700, 400 Convention St. ecution of a binding agreement to transfer pay/remit taxes; protest proposed as- Baton Rouge, LA 70802 the tax credit must occur on or before the sessments; pay taxes under protest; file due date of the return, without regard to any extension granted. The deadline has been extended for a credit transfer or for the ex- ecution of a binding agreement to transfer such credit by 30 days for income and franchise-tax returns with an original due date between March 1 and May 30, 2020.

—Antonio Charles Ferachi Member, LSBA Taxation Section Director, Litigation Division Louisiana Department of Revenue 617 North Third St. Baton Rouge, LA 70821 Find out more at www.lsba.org/mentoring/spotmentoring.aspx

Louisiana Bar Journal August / September 2020 138 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 139 Vol. 68, No. 2 www.lsba.org Young LAWYERS CHAIR’S MESSAGE... SPOTLIGHT

planning under the leadership of Dylan CHAIR’S MESSAGE Thriffiley. We took a deep dive into the YLD’s programming and role in the bar association and reflected on what the Navigating a New Normal: YLD Council really wanted to achieve as a Council. It was unanimous that we wanted to be considered an essential part Involvement in YLD of the young lawyer’s journey. In keeping with our new vision, in 2019, we planned and hosted the inaugural Louisiana Young Projects Lawyers’ Conference in connection By Carrie LeBlanc Jones with the LSBA’s Midyear Meeting. Our Immediate Past Chair Scott Sternberg furthered this mission by finding ways to t was a privilege and honor to be children. I’m glad to increase young lawyer involvement and sworn in as a member of the Louisiana be back in the office growing the Young Lawyers’ Conference State Bar Association’s (LSBA) several days a week. into a unique learning and networking Board of Governors on June 11 by It has been a season of event specifically designed for and planned ChiefI Justice Bernette Joshua Johnson at chaos (and I know it’s by young lawyers. the Louisiana Supreme Court, alongside not over), but it is nice Many of the current Council members LSBA President Alainna Mire and the to start finding a new are returning members. It’s always nice to other LSBA officers and members of the normal. see familiar faces, but, more importantly, Board of Governors. On the following Getting back to these young women and men are outstand- day, I was sworn in as chair of the LSBA’s normal also means Carrie LeBlanc ing leaders who have been integral to the Jones Young Lawyers Division (YLD) by Judge navigating my new success of the YLD’s programming and Guy P. Holdridge, alongside the YLD role as YLD chair. I served on the YLD initiatives. I’m equally excited to welcome Executive Committee (Scott Sternberg Council under the leadership of past YLD our new members and their fresh per- via Zoom, Graham Ryan and Dani Borel). Chairs Erin Braud, Scotty Chabert, Bradley spectives, enthusiasm and ideas. In a year The swearing-in ceremonies were the most Tate, Dylan Thriffiley and Scott Sternberg. from now, I hope we can say we grew as a “normal” thing I’ve done in quite a long I learned valuable leadership lessons from Council and found ways to improve upon time thanks to COVID-19. Life is slowly each of my predecessors while also watch- ourselves to better serve the profession and regaining some semblance of normalcy. ing the YLD Council transform and find the public. The last time I wrote my Chair’s Message, ways to improve upon itself each year. As chair, I challenge the Council to I was working almost exclusively from Two years ago, the YLD Council had maintain its positive momentum and to home in the company of my two young the opportunity to participate in strategic Continued next page

YOUNG LAWYERS DIVISION NEWS Get the latest Young Lawyers Division news online Y L Go to: www.lsba.org/YLD D The Young Lawyers Division Web site is a public service of the LSBA-YLD Council, providing YLD information to the public and communicating with YLD members.

Louisiana Bar Journal August / September 2020 140 Vol. 68, No. 2 www.lsba.org YLD continued from page 140 assist young lawyers in navigating their YOUNG LAWYERS SPOTLIGHT professional journeys. The Professional Sherron Phae Williams the LSBA and Development Seminar is coming out of Shreveport the Shreveport hiatus for the Midyear Meeting in January Bar Association. and the 2021 Young Lawyers’ Conference The Louisiana State Bar The program is going to be a stand-alone event in New Association’s Young Lawyers Division provided Orleans in late spring/early summer. Council is spotlighting Shreveport approximately 45 Follow us on Facebook, Instagram or attorney Sherron Phae Williams. first responders Twitter for updates on these great events, Williams is the director of human with wills and/ as well as networking and volunteer op- resources for the City of Shreveport. or powers of portunities such as the High School Mock Prior to assuming this position, she attorney. More Sherron Phae Trial Competition, Wills for Heroes and served as an assistant city attorney and than 20 lawyers Williams Barristers for Boards. These are all ex- prosecutor for the City of Shreveport. volunteered to provide the legal cellent opportunities to grow as attorneys In this capacity, she served as custodian services. (and to have a little fun, too)! of records for the city, attorney Williams has received various The Richard N. Ware IV High School adviser to the city’s Department of accolades and recognition for her Mock Trial Competition is a statewide Human Resources, supervisor of the service in the community. In 2019, mock trial competition. The state is divid- city’s Americans with Disabilities she received the Hidden Gem Award ed into four regions, each hosting a com- (ADA) Office, handled EEOC claims, from the City of Shreveport. She petition and sending the top two teams to conducted workplace investigations, is a recipient of the 2019 Member the state competition. The winning team and engaged in civil litigation. Recognition Award for Distinguished earns the opportunity to compete in the In the community, she serves as co- Service from the Harry V. Booth/Judge national competition. Attorney volunteers chair of legislative affairs for Northwest Henry A. Politz American Inn of Court. are needed to coach teams and to judge the Louisiana Society for Human Resource She was chosen to participate in the regional and state competitions. The stu- Management (NWLA SHRM), a board LSBA’s 2019-20 Leadership Class. dents are eager to learn, work hard and do member for Goodwill Industries of As a community leader and public an amazing job. It is by far one of my most North Louisiana, a member and former servant, she is often called on to rewarding volunteer experiences. Law Week co-chair for the Shreveport speak at conferences and on panels on The Wills for Heroes Program offers Bar Association’s Young Lawyers matters relating to human resources free legal services to first responders in the Section, and outreach chair of the and community events to motivate preparation of basic estate planning docu- Harry V. Booth/Judge Henry A. Politz youth. ments. The Wills for Heroes Committee American Inn of Court. Last year, she Williams received her BS degree, coordinates with local affiliates and/or organized a new outreach program for magna cum laude, from Southern first responder groups to set up one-day the Inn, Wills for Heroes. Modeled after University A&M College and her law clinics where attorney volunteers draft the Louisiana State Bar Association’s degree from Southern University Law basic wills, powers of attorney and health (LSBA) Wills for Heroes effort, the Center. She is married to Maurice care directives for eligible first responders event was a collaborative effort with Williams and they have one daughter. and their spouses. The program was created shortly after the Sept. 11, 2001, terrorist attacks. Volunteers receive a free one hour of CLE credit prior to the clinic as part of LSBA eBooks available for their training. The Barristers for Boards project FREE download places young lawyers on nonprofit boards Visit www.lsba.org/NewsAndPublications/ and committees throughout the state. The eBooks.aspx for a list of LSBA books available YLD Council connects young lawyers for free download. These valuable resources are and Louisiana nonprofits and facilitates training sessions. full of practical tips, step-by-step tutorials and I look forward to seeing both new and various necessary forms and valuable familiar faces at YLD events this year. If checklists. Currently, four books are featured: you are interested in serving on a committee or if you are interested in a specific net- • Practice Aid Guide: The Essentials of Law Office Management working or volunteer opportunity, visit our • Hanging Out Your Shingle Louisiana Style web page at www.lsba.org/YLD/ or feel free • Disaster Planning: It's Not Just for Hurricanes - Are You Ready? to email me at [email protected]. • Practice Transition Handbook: Shutting Down a Law Practice in Louisiana

Louisiana Bar Journal August / September 2020 140 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 141 Vol. 68, No. 2 www.lsba.org 2020-2021 YLD Officers and Council

Officers 2017-18 her to a second term, she served as the tice. He has served as a council member YLD Officers 2020-21 board’s chair in 2017, the youngest for the Louisiana State Law Institute, the Carrie LeBlanc Jones board member to hold this position. She ABA YLD, the New Orleans Association Chair is a member of the Baton Rouge Bar of Defense Counsel and the Jefferson Bar Carrie LeBlanc Association and the Bar Association of Association YLD. He co-chaired the ABA Jones is the chief the 5th Federal Circuit. She serves on the YLD Litigation Committee. legal officer and Louisiana Bar Foundation’s Capital Area He was honored as a “Top 40 Young general counsel at Community Partnership Panel. Lawyer” nationally by the ABA and as a the Louisiana State In her community, she is a parishio- member of the 2020 Leadership in Law Board of Nursing ner of St. George Catholic Church. She Class by New Orleans CityBusiness. (LSBN), where she also serves on the board of directors for In his community, Graham is a board focuses on adminis- Livingston Parish SADD. She and her member of Lakeview Civic and Lakeview trative and regulatory husband, Aaron Jones, have been mar- Crime Prevention District and is a former law. She has success- Carrie LeBlanc ried for nine years and are the parents of chair of HandsOn New Orleans, a nonprof- fully represented Jones two children. it volunteer center founded after Hurricane the LSBN in state 17373 Perkins Rd. Katrina that engaged more than 60,000 and federal court, served as prosecut- Baton Rouge, LA 70810 volunteers to rebuild south Louisiana. He ing attorney in disciplinary matters, and (225)755-7575 also is an attorney volunteer and board advised board members and staff on a email: [email protected] member of the Pro Bono Project and sev- variety of legal issues. Prior to joining eral other community organizations. the LSBN, she was a partner at the law Graham H. Ryan Graham and his wife Erin are the par- firm of Shows, Cali & Walsh, L.L.P. She Chair-Elect ents of two sons. received a BA degree in mass communi- Graham H. Ryan Ste. 5100, 201 St. Charles Ave. cation from Louisiana State University, is a partner in the New Orleans, LA 70170 her JD/BCL degree from LSU Paul M. New Orleans office (504)582-8370 • fax (504)589-8370 Hebert Law Center and an MBA degree of Jones Walker LLP, email: [email protected] from Southeastern Louisiana University. where he resolves website: www.joneswalker.com/ She was admitted to practice in Louisiana complex business professionals/graham-h-ryan in 2008. and contract disputes Carrie has served as chair-elect, sec- through litigation. He Danielle L. Borel retary and District 5 representative on graduated, summa Secretary the Louisiana State Bar Association’s cum laude, in finance Graham H. Ryan Danielle L. Borel (LSBA) Young Lawyers Division (YLD) from Louisiana State is a partner in the Council. She helped plan the inaugural University, received Baton Rouge office Louisiana Young Lawyers Conference, his law degree from LSU Paul M. Hebert of Breazeale, Sachse co-chaired the Richard N. Ware High Law Center (Louisiana Law Review) and & Wilson, L.L.P. She School Mock Trial Competition, served is an alumnus of the Harvard Negotiation received a BS degree, as the Professional Development Seminar Institute’s dispute resolution program. magna cum laude, in coordinator, chaired the Bridging the Gap Graham has served on the Louisiana 2011 from Louisiana Committee and served on the Awards State Bar Association (LSBA) Young State University and Committee. She received the LSBA Lawyers Division (YLD) Council as her JD degree, magna Danielle L. Borel YLD Chair’s Award in 2016 in recogni- 2019-20 secretary and as the young cum laude, in 2014 tion of her ongoing commitment and ser- lawyer member on the American Bar from LSU Paul M. Hebert Law Center vice to the Richard N. Ware High School Association (ABA) House of Delegates. (Louisiana Law Review, 2012-14; Order Mock Trial Competition. She served as He currently serves on the LSBA’s of the Coif). She was admitted to practice a member of the Louisiana Bar Journal Legislation Committee and Access to in Louisiana in 2014. Editorial Board and was a member of the Justice Committee. He was a mem- Dani served on the Louisiana State 2013-14 Leadership LSBA Class. ber of the 2014-15 Leadership LSBA Bar Association (LSBA) Young Lawyers Her commitment to the legal profes- Class. He received the 2016 LSBA YLD Division (YLD) Council as the American sion includes two terms on the Louisiana Chair’s Award and was named as a 2017 Bar Association’s (ABA) Young Lawyers Attorney Disciplinary Board. After the Louisiana Bar Foundation Fellow for his Division representative and received the Louisiana Supreme Court appointed commitment to increasing access to jus- LSBA YLD’s Bat P. Sullivan, Jr. Chair’s

Louisiana Bar Journal August / September 2020 142 Vol. 68, No. 2 www.lsba.org Award in 2019. She is a leader in the 2019, he received an LSBA Citizen Lawyer Younger Lawyers Division and Emerging ABA’s Young Lawyers Division and the Award for his pro bono, professional and Philanthropists of New Orleans. She is part ABA Health Law Section. She was rec- charitable activities. He has twice received of the CABL’s Leadership Louisiana Class ognized as an Emerging Young Lawyer the LSBA’s Stephen T. Victory Memorial of 2019 and teaches media law at Tulane in Healthcare by the ABA Health Law Award for most outstanding Louisiana Bar University. Section in 2019 and as an ABA Young Journal article. He served on numerous She loves all things New Orleans and Lawyers Division Star of the Quarter in LSBA committees and was a member of looks forward to traveling the world with spring and fall 2017 and fall 2019. She the 2012-13 Leadership LSBA Class. her wife, Nancia Sterling. also is a member of the Louisiana Hospital He has taught at LSU and Loyola. Ste. 4600, 201 St. Charles Ave. Association and has participated in the He serves on the boards of the Federal New Orleans, LA 70170 Baton Rouge Bar Association’s Holiday Bar Association New Orleans Chapter, (504)556-5523 • fax (504)310-0281 Star Program. the American Red Cross for Southeast email: [email protected] In her community, she is a member of Louisiana, the Pro Bono Project and website: www.fishmanhaygood.com the board of directors and chairs the advi- the Louisiana Center for Law and Civic sory board for Lighthouse Louisiana. She Education. He has been recognized as Collin R. Melancon was twice recognized with the Lighthouse one of Gambit Weekly’s “40 Under 40,” as District One Representative Louisiana Door Knocker Award for her a Louisiana Super Lawyer “Rising Star” Collin R. service. She also volunteers for PulseBR and on New Orleans Magazine’s “Top Melancon is a partner/ (American Heart Association) and as a Lawyers” list. In 2020, he was named owner of Mansfield, judge for the LSU Law Center. a “Leader in Law” by New Orleans Melancon, Cranmer Dani and her husband, Nathan Judice, CityBusiness. & Dick, L.L.C., in have been married for nine years. Scott and his wife Breland are the par- New Orleans. He Ste. 2300, 301 Main St. ents of three children and are expecting a received a bachelor Baton Rouge, LA 70801 fourth child in July. degree in interna- (225)387-4000 • fax (225)381-8029 Ste. 2020, 935 Gravier St. tional studies in 2011 email: [email protected] New Orleans, LA 70112 from Louisiana State Collin R. Melancon website: www.bswllp.com/danielle-l-borel (504)324-2141 • fax (504)534-8961 University and his JD email: [email protected] degree in 2015 from Loyola University Scott L. Sternberg College of Law. He was admitted to prac- Immediate Past Chair YOUNGYLD Council LAWYERS 2020-21 DIVISION tice in Louisiana in 2015. Scott L. Sternberg COUNCIL 2020-2021 Collin served as the Louisiana State is the managing part- Kristen D. Amond Bar Association (LSBA) Young Lawyers ner of Sternberg, District One Representative Division’s (YLD) representative on the Naccari & White, Kristen D. Amond Louisiana Judicial Council and was a L.L.C., with offices is an associate in the speaker for the LSBA Young Lawyers in New Orleans and New Orleans office Conference. He is a member of the New Baton Rouge, where of Fishman Haygood, Orleans Bar Association and the Louisiana he focuses on busi- L.L.P. She previ- Association of Justice. He served on the ness, general litigation ously clerked for U.S. Planning Committee for the Pro Bono and media matters. Scott L. Sternberg District Court Judge Project’s Justice for All Ball. He was rec- His media focus has Susie Morgan, Eastern ognized as a Louisiana Super Lawyer involved litigation for newspapers, includ- District of Louisiana. “Rising Star” in 2020. ing The Advocate, and legal and legislative In law school, she Kristen D. Amond He received the Spirit of St. Ignatius work for the Louisiana Press Association. served as an intern Award for Outstanding Law Graduate He received a BA degree in journalism for U.S. District Court Judge Brian A. (highest award given to a graduating law from Louisiana State University and his Jackson, Middle District of Louisiana. She student) at Loyola Law School. He also law degree from LSU Paul M. Hebert Law received a BS degree in management in received the LSBA Civil Code Award at Center. He was admitted to practice in 2010 from Tulane University and her JD Loyola Law School. Louisiana in 2010. degree, magna cum laude, in 2016 from Collin and his wife, Jillian Melancon, Scott has served as chair, chair-elect, Louisiana State University Paul M. Hebert have been married for two years. secretary and District 1 representative Law Center. She was admitted to practice 318 Harrison Ave. on the Louisiana State Bar Association in Louisiana in 2016. Before law school, New Orleans, LA 70124 (LSBA) Young Lawyers Division (YLD) she taught second and third grade in char- (504)814-1496 • fax (504)208-3427 Council. As part of the YLD’s strategic ter schools in New Orleans. email: [email protected] planning, he chaired the first Louisiana Kristen serves on the boards of the website: www.mansfieldmelancon.com Young Lawyers Conference in 2019. In New Orleans Federal Bar Association Continued next page

Louisiana Bar Journal August / September 2020 142 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 143 Vol. 68, No. 2 www.lsba.org Shayna Beevers Morvant parents of two children. Orleans Alumnae Chapter. District Two Representative 210 Huey P. Long Ave. Betty is married to her husband, Shayna Beevers Gretna, LA 70053 Thomas J. Maury, Jr., and they are the par- Morvant is managing (504)361-4287 • fax (504)362-1405 ents of two sons. partner of the Gretna Ste. 4600, 200 Derbigny St. firm of Beevers & Betty A. Maury Gretna, LA 70053 Beevers, L.L.P. She District Two Representative (504)715-6348 • fax (504)365-3344 received a BSM de- Betty A. Maury email: [email protected] gree in 2009 from is the judicial law Tulane University’s clerk for Judge Lee V. Megan E. Réaux A.B. Freeman School Faulkner, Jr., Division District Three Representative of Business and her JD Shayna Beevers P, 24th Judicial Megan E. Réaux degree in 2012 from Morvant District Court, Gretna. is an associate in the Tulane University She received a BA Lafayette firm of Hill Law School. She was admitted to practice degree, summa cum & Beyer, A.P.L.C. in Louisiana in 2012. laude, in management She handles both Shayna is a general practitioner with of criminal justice in Betty A. Maury plaintiff and defense class action and civil litigation experi- 2008 from Concordia litigation. She re- ence. Her practice areas include personal University of Wisconsin and her JD degree ceived a BA degree, injury, criminal defense, family law and in 2013 from Loyola University College magna cum laude, representation of local law enforcement of Law. She was admitted to practice in in English literature Megan E. Réaux organizations. She is currently a mem- Louisiana in 2013. and Spanish in 2008 ber of the adjunct faculty at Tulane Law Betty is serving in the Louisiana State from the University School, teaching pre-trial litigation skills Bar Association’s (LSBA) House of of Louisiana-Lafayette and her JD/DCL during the Boot Camp and Trial Advocacy Delegates, representing the 24th Judicial degree in 2011 from Louisiana State Programs. District (2017-21). She is co-chair of the University Paul M. Hebert Law Center. She has served two terms as the District LSBA Young Lawyers Division’s (YLD) She was admitted to practice in Louisiana 2 representative on the Louisiana State Bar Wills for Heroes Program. She was a in 2011. Association’s (LSBA) Young Lawyers member of the 2017-18 Leadership LSBA Megan is a member of the Louisiana Division Council. She also serves on the Class and served as the co-chair to the State Bar Association’s Insurance, Tort, LSBA’s Board of Governors, in the House 2018-19 Leadership LSBA Class. Workers’ Compensation and Admiralty of Delegates and is secretary of the Civil She is a member of the Jefferson Bar Law Section. She is a frequent contributor Law and Litigation Section. She was elect- Association, serving as webmaster and on to the LAFreeLegalAnswers online pro- ed to the 2017, 2019 and 2020 Nominating the CLE Committee, and was the 2017 gram. Committee. She was a member of the chair of the Young Lawyers Division. She She is a member of the Lafayette Bar 2015-16 Leadership LSBA Class. has served on the board of the Louisiana Association and the Louisiana Association Shayna is the membership chair for the Center for Law and Civic Education since for Justice. In 2010, she received the Public Tulane Inn of Court and is a former chair 2016 and participated in several Lawyers Interest Law Society Fellowship for work of the Jefferson Bar Association’s Young in the Classroom programs. She has volun- with Hearts of Hope in Lafayette. Lawyers Division. She is currently serv- teered to assist in expungement events co- Ste. 502, 101 La Rue France ing as the treasurer for the Jefferson Bar ordinated by the Justice and Accountability Lafayette, LA 70508 Association board, after serving two terms Center of Louisiana. (337)232-9733 as the representative at large. She is a fre- Betty is the recipient of the New email: [email protected] quent presenter of CLE topics and has been Orleans Children’s Advocacy Center Trees presenting programs for the LSBA since of Life Award, 2018; the LSBA YLD’s Elizabeth F. Shea 2013, with a focus on social media, pro- Outstanding Young Lawyer Award, 2017; District Four Representative fessionalism and trial litigation. She also the Gillis Long Poverty Law Center Elizabeth F. Shea is an associate in the has presented CLE programs for the New Public Service Award, 2016; and the New Lake Charles firm of Stockwell, Sievert, Orleans Bar Association, the Jefferson Bar Orleans Association of Women Attorneys’ Viccellio, Clements & Shaddock, L.L.P. Association and Tulane Law School. Outstanding Loyola Family Law Clinic She received a BA degree, summa cum In her community, she is a former chair Student, 2013. laude, in English literature in 2008 from of legislative affairs for the Junior League In her community, she was a member Louisiana State University and her JD/ of New Orleans, a Louisiana Children’s of the CASA Jefferson Event Planning DCL degree in 2011 from LSU Paul M. Museum campaign leader and a member Committee, 2013-18; a Fellow of the Hebert Law Center. She was admitted to of the Italian American Ladies Auxiliary. Institute of Politics, 2017-18; and a mem- practice in Louisiana in 2011. Shayna and her husband Wesley are the ber of the Sigma Kappa Greater New Elizabeth was a member of the 2017-

Louisiana Bar Journal August / September 2020 144 Vol. 68, No. 2 www.lsba.org 18 Leadership LSBA Louisiana State Law Institute. She partici- email: [email protected] Class. She co-chaired pated in Forum 35’s John W. Barton, Sr. website: www.smithshanklin.com a High School Mock Community Leadership Program in 2018. Trial Regional In her community, she is a member of Joshua J. Dara, Jr. Competition in 2013 Rotaract of Baton Rouge and St. Aloysius District Six Representative and volunteered for Church. Rachal and her husband, Craig Joshua J. Dara, the Wills for Heroes Cassagne, Jr., have been married for one Jr. is an associate in program in 2012 and year. the Alexandria firm 2015. 500 Poydras St., Room C556 of Gold, Weems, She is a member of Elizabeth F. Shea New Orleans, LA 70130 Bruser, Sues & the Executive Council (504)589-7517 Rundell, A.P.L.C. He for the Southwest email: [email protected] received a BS degree Louisiana Bar Association (SWLBA) in finance in 2010 and is a former president of the SWLBA’s Loren Shanklin Fleshman from Louisiana State Young Lawyers Section. She also is presi- District Five Representative University and a JD/ Joshua J. Dara, Jr. dent and a charter member of the SWLBA’s Loren Shanklin GDCL degree in 2014 Women’s Section. She was named a “Top Fleshman is a part- from LSU Paul M. Hebert Law Center. He Lawyer” by Acadiana Profile Magazine in ner in the Baton was admitted to practice in Louisiana in 2018. Rouge firm of Smith 2014. In her community, she is a bimonthly Shanklin Sosa, L.L.C. Josh is a member of the Crossroads volunteer/server for Abraham’s Tent She received a BS de- American Inn of Court of Alexandria/ and an annual volunteer for the Holiday gree in secondary edu- Pineville, the Louisiana Association of Helping Hands project. cation (concentration Defense Counsel, the Defense Research Elizabeth and her husband, Tom Shea, in history) in 2005 Institute and the Alexandria Bar have been married for seven years and from Louisiana State Loren Shanklin Association. He recently served as presi- have one child. University and her JD/ Fleshman dent of the Kiwanis Club of Pineville. 127 W. Broad St., 4th Flr. GDCL in 2010 from LSU Paul M. Hebert In law school, he was a member of the Lake Charles, LA 70601 Law Center. She was admitted to practice Christian Legal Society and the Black Law (337)436-9491 • fax (337)312-2918 in Louisiana in 2010. Students Association. He also received rec- email: [email protected] Loren participated in the Louisiana ognition for outstanding advocacy skills in website: www.ssvcs.com State Bar Association’s Young Lawyers LSU’s NITA Trial Advocacy Program. Division (YLD) Symposium in 2016 and Josh and his wife, Aziza Dara, have Rachal Cox Cassagne 2017. She is the 2018 recipient of the been married for four years. District Five Representative YLD’s Outstanding Young Lawyer Award. 2001 MacArthur Dr. Rachal Cox She is a former chair of the Baton Alexandria, LA 71307-6118 Cassagne is a judicial Rouge Bar Association’s (BRBA) Young (318)445-6471 • fax (318)445-6476 law clerk for U.S. Lawyers Section and, since 2019, has email: [email protected] District Court Judge served as a director-at-large for the BRBA’s website: www.goldweems.com/joshua-j-dara-jr Greg G. Guidry, board of directors. She is a member of the Eastern District of Louisiana Association for Justice. She re- Ana Lynette Gregory Louisiana. She received the Volunteers in Public School’s District Seven Representative ceived a BA degree Exceptional Volunteer Award in 2006 Ana Lynette in English in 2011 while she was a teacher and program co- Gregory is the owner from Louisiana Rachal Cox ordinator of an after-school program. In of The Gregory Law State University- Cassagne 2010, she was recognized for volunteering Firm in Monroe and Shreveport, an MA more than 100 hours of pro bono services. provides legal ser- degree in literary studies in 2013 from In her community, she is involved in vices in and around Universiteit van Amsterdam and her JD the K.I.D.S. (Karing is Doing Something) northeast Louisiana. degree, magna cum laude, in 2016 from Program and is a member of St. Aloysius Her practice areas in- Southern University Law Center. She was Catholic Church. clude plaintiff person- admitted to practice in Louisiana in 2016. Loren and her husband, David C. al injury, automobile Ana Lynette Rachal is a member of the Baton Fleshman, have been married for five accidents and injuries, Gregory Rouge Bar Association’s Belly Up with years and are the parents of three children. family law, child custody, divorce, civil the Bar Committee and the Teen Court Ste. 7C, 16851 Jefferson Hwy. litigation, wills and successions. Committee. She is a member of the Federal Baton Rouge, LA 70817 She received her BA degree in Bar Association and an observer with the (225)223-6333 • fax (888)413-8345 Continued next page

Louisiana Bar Journal August / September 2020 144 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 145 Vol. 68, No. 2 www.lsba.org 2011 from the University of Louisiana- Louisiana in 2011. the ForeKids Foundation and is a Teach for Monroe, where she founded the Pre-Law Senae was a mem- America alumnus. Association. She earned her JD degree ber of the 2018-19 Ste. 5100, 201 St. Charles Ave. in 2014 from Southern University Law Leadership LSBA New Orleans, LA 70170 Center, where she was a member of Phi Class and a member (504)582-8150 • fax (504)589-8150 Alpha Delta and the Louisiana Association of the Class Awards email: [email protected] for Justice. She was admitted to practice in Committee. She also Louisiana in 2014. volunteered as a mock Megan S. Peterson Lynette and her husband, Tyler Eldridge, trial competition Young Lawyer Member/ are expecting the first child this summer. judge from 2017-20. Senae D. Hall ABA House of Delegates 3006 Armand St., Monroe, LA 71201 She is a member Megan S. Peterson (318)281-6364 • fax (318)319-0163 of the Shreveport is a partner at Simon, email: [email protected] Bar Association, the Louisiana District Peragine, Smith & website: www.thegregoryfirm.com Attorneys Association and the Harry V. Redfearn, L.L.P., in Booth/Judge Henry A. Politz American Inn New Orleans, where Joshua K. Williams of Court. She is currently the Social Media she represents local, District Eight Representative chair for the Shreveport Bar Association’s regional and national Joshua K. Young Lawyers Section. clients in litigation Williams is a sole She was recognized as the Teen and alternative dispute practitioner with Court Volunteer of the Year in 2018 resolution. She is li- Megan S. Peterson Joshua K. Williams and the Abounding Faith Temple Youth censed in all state and Attorney at Law, Leader Volunteer of the Year in 2017. federal courts in Louisiana and Mississippi. L.L.C., in Shreveport. She was featured as the February 2019 Megan received her BA degree in po- He handles plaintiffs’ Member Spotlight by the Shreveport Bar litical science and business administration injury work. He re- Association Women’s Division and was from Louisiana State University, where ceived a BS degree in a 2019 panelist for Macy’s Black History she was a member of Student Government business in 2009 from Joshua K. Williams Month Historical Black Colleges and and several honor societies. She earned her the University of New Universities Program. JD degree, magna cum laude, from Loyola Orleans and his JD degree in 2013 from 501 Texas St., 5th Flr. University College of Law and was hon- Southern University Law Center. He was Shreveport LA 71101 ored as a William L. Crowe, Sr. Scholar. admitted to practice in Louisiana in 2014. (318)272-1321 • fax (318)841-5533 At Loyola, she served as print managing Joshua was a member of the 2016-17 email: [email protected] editor of the Loyola Law Review. She also Leadership LSBA Class. He is a member studied cultural property and arts law in of the Shreveport Bar Association, the Thomas C. (T.C.) Wicker IV Siena, Italy, with Tulane University Law Louisiana District Attorneys Association ABA YLD Representative School. She was admitted to practice in and the National Association of Bond Thomas C. (T.C.) Louisiana in 2011 and also is licensed in Lawyers. He was recognized by SB Wicker IV is an as- Mississippi. Magazine as a “Top Attorney” in 2017, sociate in the New She is a member of the Defense 2018 and 2020. Orleans office of Research Institute, serving on the steer- He and his wife Samerrial have been Jones Walker LLP. ing committees for both the Young married for three years. He received a BA Lawyers Division and the Retail and 9284 Linwood Ave. degree, cum laude, Hospitality Committee. She is active in Shreveport, LA 71106 in English and gov- the American Bar Association, serving as a (318)562-1140 • fax (318)562-1141 ernment in 2012 Louisiana delegate in the Young Lawyers email: [email protected] from Georgetown Thomas C. (T.C.) Division. She is a former president of the University and his JD Wicker IV Association for Women Attorneys and has Senae D. Hall degree, cum laude, and certificate in civil consistently been selected as a Louisiana At-Large Representative law in 2017 from Tulane University. He Super Lawyers “Rising Star” in civil litiga- Senae D. Hall is an assistant district was admitted to practice in Louisiana in tion defense since 2014. attorney in the Caddo Parish District March 2018. Megan and her husband, Matt McCluer, Attorney’s Office in Shreveport. She T.C. was a member of the 2019-20 have been married for seven years and are also is the Human Trafficking Victims Leadership LSBA Class. He is a mem- the parents of one child. Diversion coordinator. She received a BA ber of the Jefferson Bar Association, the 1100 Poydras St., 30th Flr. degree in mass communications in 2008 Federal Bar Association and the Louisiana New Orleans, LA 70163 from Dillard University and her JD degree Association of Criminal Defense Lawyers. (504)569-2030 • fax (504)569-2999 in 2011 from Southern University Law In his community, he is a member of email: [email protected] Center. She was admitted to practice in the Georgetown Club of New Orleans and website: www.spsr-law.com

Louisiana Bar Journal August / September 2020 146 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 146 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 147 Vol. 68, No. 2 www.lsba.org JUDICIALNotes By Trina S. Vincent, Louisiana Supreme Court IN MEMORIAM

Deaths judge ad hoc. 1985 and 1991. He served as Juvenile ► Retired Caddo Parish Juvenile Court, Court judge until his retirement in 1999. ► Retired 5th Circuit Court of Appeal Division B, Judge Andrew B. Gallagher, ► Retired 24th Judicial District Court, Judge James L. Cannella, 76, died May 90, died April 11. He earned his bachelor’s Division M, Judge Henry G. Sullivan, 22. He earned his bachelor’s degree in degree in 1951 from Washington & Lee Jr., 72, died May 17. He earned his bach- 1964 from the University of New Orleans University in Lexington, Va., and his JD elor’s degree in 1969 from Southeastern and his JD degree in 1967 from Loyola degree in 1955 from Washington & Lee Louisiana University and his JD degree in University College of Law. He was elect- University School of Law. After serving 1974 from Loyola University College of ed 24th Judicial District Court judge, in the U.S. Army during the Korean War, Law. He was elected to serve on the 24th Division N, in 1982 and served as chief he attended Louisiana State University Judicial District Court in 1997, serving as judge. He served at the 24th JDC until his Paul M. Hebert Law Center. Beginning chief judge in 2008-09. Before serving on election to the 5th Circuit Court of Appeal in 1961, he practiced law in Shreveport at the bench, he worked as an assistant parish in 1991. Prior to his service on the bench, Gallagher, Alexander & Gallagher. From attorney for Jefferson Parish, legal -advi he worked as an attorney at the law firm 1965-79, the firm became Gallagher & sor to the Jefferson Parish Sheriff’s Office of Exnicios & Kelly and later became a Gallagher during which time he served as and as an assistant district attorney for partner at Donelon, Cannella & Donelon legal officer of the Caddo Parish Juvenile Jefferson Parish. He retired from the bench Law Firm. After retiring from the bench Court. He was elected as Caddo Parish on April 15. in 2006, he worked as a city attorney in Juvenile Court judge, Division B, in 1979 Kenner. In 2007, he began serving as a and was reelected without opposition in Virtual St. Thomas More Broadcast will be Catholic Lawyers available Association Invites All Members of the Bench and Bar Of All Faiths to Attend The Red Mass Monday, October 5, 2020 St. Louis Cathedral Assembly 9:00 a.m. Procession 9:15 a.m. Mass 9:30 a.m. For those unable to attend, the Red Mass will be broadcast live on WLAE-TV Channel 32 and will be simulcast on TheDailyMass.com

Louisiana Bar Journal August / September 2020 148 Vol. 68, No. 2 www.lsba.org 20th annual louiSiana State BaR aSSoCiation Complex litigation SympoSium

novemBeR 6, 2020 – new oRleanS

Richard J. Arsenault, Seminar Chair Our speakers include the nation’s leading complex litigation academicians, jurists, and members of the bar from both sides of the “V.” These are the folks that are presiding over, writing about, and litigating the most significant cases in the country. They are the who’s who of the complex litigation bench and bar.

Featured Speakers Have Included:

Hon. Eldon Fallon • Hon. Carl Barbier • Hon. Patrick Hanna • Hon. Glenn Norton • Hon. Ken Starr Prof. Lynn Baker • Prof. Jaime Dodge • Prof. Arthur Miller • Prof. James Wren Thomas Anapol • Khaldoun Baghdadi • Jeff Bassett • Dustin Carter • Dawn Chmielewski Tony Clayton • Lori Cohen • Special Master Kenny DeJean • Brian Devine • Bob Drakulich Nick Drakulich • Val Exnicios • Yvonne Flaherty • John Hooper • Jane Lamberti • Mark Lanier Rachel Lanier • Lynn Luker • Hunter Lundy • Todd Mathews • Jennifer Moore Melanie Muhlstock • James Murdica • Joe Rice • Special Master Gary Russo • John Sherk Raymond Silverman • Joe Thorpe • Aimee Wagstaff • James Williams For more information and to register online, please visit: www.lsba.org/CLE

Louisiana Bar Journal August / September 2020 148 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 149 Vol. 68, No. 2 www.lsba.org PEOPLE LAWYERS ON THE MOVE . . . NEWSMAKERS

announces that P. Michael (Mike) Boyd Flanagan Partners, L.L.P., in New LAWYERS ON has joined the firm’s New Orleans office Orleans announces that Camille E. THE MOVE as an associate. Gauthier and Anders F. Holmgren have become partners in the firm. Baker, Donelson, Bearman, Caldwell & Breazeale, Sachse & Wilson, L.L.P., Berkowitz, P.C., announces that Paula J. announces that Alexandra C. Hains, Gotcha Covered HR, L.L.C., in New Estrada de Martin, Ph.D., and Leopoldo Christine M. (C.C.) Colwell and Orleans announces that Michelle T. J. Yanez have been elected as sharehold- Joseph B. Odom have joined the Baton Butler has joined the firm as a consul- ers in the New Orleans office. Also, Rouge office as associates. Also,Peter J. tant, mediator and investigator. Rebecca S. Miller and Andrew G. Novak Butler, Jr., a partner in the New Orleans II have joined the New Orleans office as office, and Eric B. Landry, a partner in The Louisiana State Bar Association an- of counsel. the Baton Rouge office, were elected to nounces that Stephanie M. Beaugh has the firm’s Management Committee. joined the staff as projects counsel in Baldwin Haspel Burke & Mayer, L.L.C., the Access to Justice (ATJ) Department. Chehardy, Sherman, Williams, Murray, She is staff liaison to the Children’s Recile, Stakelum & Hayes, L.L.P., with Law, Legal Services for Persons with offices in Metairie and Hammond,- an Disabilities and ATJ Commission’s Self- nounces that Jonathan M. Lee has Represented Litigation committees. She joined the firm as an associate. also helps implement court-based Self- Help Resources Centers. She earned Condon, Wood & Burkhart, L.L.C., in her law degree from Loyola University Baton Rouge announces that Allison N. College of Law and, most recently, Beasley has joined the firm as managing was program director at Louisiana attorney of real estate, foreclosure and Appleseed. W. Raley Alford III Norman E. default. Anseman III

Richard J. Judy Y. Barrasso Stephanie M. Beaugh Michael S. Patrick M. Bollman Danielle L. Borel Arsenault Blackwell

P. Michael Boyd Michelle T. Butler Peter J. Butler, Jr. Celeste R. Christine M. John P. D’Avello Coco-Ewing Colwell

Louisiana Bar Journal August / September 2020 150 Vol. 68, No. 2 www.lsba.org Perrier & Lacoste, L.L.C., announces chapters in A Practitioner’s Guide to board of directors for The Pro Bono that Norman E. (Skeet) Anseman III Class Action: Multi-District Litigation Project in New Orleans. has joined the firm in its new Lafayette with Louisiana State University President office. Thomas C. Galligan, Jr. and Bellwether Nicole Gould Frey, of counsel in the Trials with Emory Law School Professor Baton Rouge office of Breazeale, Sachse Phelps Dunbar, L.L.P., announces that Jaime L. Dodge. He was nominated & Wilson, L.L.P., has become a certified Errol J. King, Jr. has joined the firm’s for 2020 membership in the Premier member of the Institute for Professionals Baton Rouge office as a partner and Lawyers of America. He discussed the in Taxation. Katherine Cicardo Mannino has joined topic of plaintiff steering committees at the Baton Rouge office as an associate. the Masters of Mass Tort Symposium in Emily Black Grey, a partner in the Baton Craig L. Caesar and Patrick M. (Rick) Cancun, Mexico. Rouge office of Breazeale, Sachse & Shelby have joined the firm’s New Wilson, L.L.P., and manager of the firm’s Orleans office as counsel. Also named Danielle L. Borel, a partner in the Baton health care section, was reappointed as to the firm’s partnership are Michael F. Rouge office of Breazeale, Sachse & chair of the American Health Lawyers Held, Jr., Katie W. Myers and Michael S. Wilson, L.L.P., received the American Association’s Hospitals and Health Williams, all in the New Orleans office, Bar Association’s 2020 On the Rise: Top Systems Practice Group. and Jeffrey E. Tomlinson in the Baton 40 Young Lawyers Award. Rouge office. Jan M. Hayden, a shareholder in the Blake R. David, senior partner at New Orleans office of Baker, Donelson, Riess LeMieux, L.L.C., in New Orleans Broussard & David in Lafayette, was Bearman, Caldwell & Berkowitz, P.C., announces that Michael S. Blackwell again named Maritime Section chair for was elected to a second term on the has joined the firm as of counsel. the Louisiana Association for Justice. American College of Bankruptcy’s board of directors. Stanley, Reuter, Ross, Thornton & Alford, Sarah Edwards, an associate in the New L.L.C., in New Orleans announces Orleans office of McGlinchey Stafford, Cherrell Simms Taplin, a shareholder that Patrick M. Bollman and John P. P.L.L.C., was selected to participate in the in the New Orleans office of Liskow & D’Avello has joined the firm as associates. Leadership Council on Legal Diversity’s Lewis, A.P.L.C., was selected for the Pathfinders Program for diverse, high- National Black Lawyers’ Top 100. NEWSMAKERSNEWSMAKERS potential, early-career attorneys. Chauntelle R. Wood, an associate in the Richard J. Arsenault, a partner in Thomas M. Flanagan, founder of Houston, Texas, office of Liskow & Lewis, the Alexandria firm of Neblett, Beard Flanagan Partners, L.L.P., in New A.P.L.C., was selected for the National & Arsenault, has been asked by the Orleans, was selected to serve on the Black Lawyers’ Top 40 Under 40. American Bar Association to author two

Blake R. David Eva J. Dossier Nicole Gould Frey Alexandra C. Hains Eric B. Landry Jonathan M. Lee

Christopher K. Lynn M. Luker Kathryn W. Munson Joseph B. Odom Thomas P. Owen, Jr. Matthew J. Paul LeMieux

Louisiana Bar Journal August / September 2020 150 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 151 Vol. 68, No. 2 www.lsba.org Louisiana Super Lawyers 2020 PUBLICATIONSPUBLICATIONS Flanagan Partners, L.L.P. (New Best Lawyers in America 2020 Orleans): Thomas M. Flanagan, People Flanagan Partners, L.L.P. (New Harold J. Flanagan and Sean P. Brady; Orleans): Thomas M. Flanagan, Harold and Anders F. Holmgren, Camille E. J. Flanagan and Sean P. Brady. Gauthier, Caitlin J. Flanagan, Meghan F. Deadlines Stanley, Reuter, Ross, Thornton Grant and Sarah E. Stogner, all Rising & Alford, L.L.C. (New Orleans): W. Stars. Raley Alford III, Lynn M. Luker, Scofield & Rivera, L.L.C. & Notes Thomas P. Owen, Jr., Bryan C. (Lafayette): Bryan D. Scofield, Top 50. Reuter, William M. Ross, Richard C. Stanley, Reuter, Ross, Thornton Deadlines for submitting Stanley (Litigation-Real Estate Lawyer & Alford, L.L.C. (New Orleans): W. People announcements of the Year) and Jennifer L. Thornton. Raley Alford III, Lynn M. Luker, Thomas P. Owen, Jr., Bryan C. (and photos): Chambers USA 2020 Reuter, William M. Ross, Richard Baker, Donelson, Bearman, C. Stanley and Jennifer L. Thornton; Publication Deadline Caldwell & Berkowitz, P.C. (Baton Eva J. Dossier, Kathryn W. Munson Dec. 2020/Jan. 2021 Oct. 4, 2020 Rouge, Mandeville, New Orleans): and Matthew J. Paul, Rising Stars. Jennifer L. Anderson, Edward H. Feb./March 2021 Dec. 4, 2020 Arnold III, Phyllis G. Cancienne, Roy Benchmark Litigation April/May 2021 Feb. 4, 2021 C. Cheatwood, Nancy Scott Degan, Barrasso Usdin Kupperman Matthew R. Emmons, Sean L. Finan, Freeman & Sarver, L.L.C. (New June/July 2021 April 4, 2021 Mark W. Frilot, Steven F. Griffith, Jr., Orleans): Judy Y. Barrasso and Celeste August/Sept. 2021 July 3, 2021 Jan M. Hayden, Kenneth M. Klemm, R. Coco-Ewing, Top 250 Women in Amelia Williams Koch, Noah B. Litigation. Kressler, M. David Kurtz, Kent A. Announcements are published free of Lambert, Jon F. Leyens, Jr., Mark W. Lawdragon 2020 charge for members of the Louisiana Mercante, Lacey E. Rochester, Robert L. Barrasso Usdin Kupperman State Bar Association. Members may Wollfarth, Jr. and Adam B. Zuckerman. Freeman & Sarver, L.L.C. (New publish photos with their announcements Barrasso Usdin Kupperman Orleans): Judy Y. Barrasso and Richard at a cost of $50 per photo. Send Freeman & Sarver, L.L.C. (New E. Sarver. announcements, photos and photo Orleans): Judy Y. Barrasso, Celeste R. Herman, Herman & Katz, L.L.C. payments (checks payable to Louisiana Coco-Ewing, George C. Freeman III, (New Orleans): Russ M. Herman, State Bar Association) to: Stephen H. Kupperman, Richard E. Stephen J. Herman, Brian D. Katz and Sarver and Steven W. Usdin. Steven J. Lane. Publications Coordinator Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, L.L.C. New Orleans Magazine 2019 Darlene M. LaBranche (New Orleans): M. Taylor Darden, Stanley, Reuter, Ross, Thornton & Louisiana Bar Journal William T. Finn, Frank A. Tessier and Alford, L.L.C. (New Orleans): Lynn 601 St. Charles Ave. David F. Waguespack. M. Luker, Thomas P. Owen, Jr., New Orleans, LA 70130-3404 Riess LeMieux, L.L.C. (New Bryan C. Reuter, William M. Ross and Orleans): Michael R.C. Riess and Richard C. Stanley, all Top Lawyers. or email [email protected]. Christopher K. LeMieux.

Bryan C. Reuter Michael R.C. Riess William M. Ross Bryan D. Scofield Richard C. Stanley Jennifer L. Thornton

Louisiana Bar Journal August / September 2020 152 Vol. 68, No. 2 www.lsba.org NEWS WEB... OUTREACH... LOCAL BARS... LBF

UPDATE LASC Launches Improved Website The Louisiana Supreme Court launched an improved website in May with expanded digital technology for a more user-friendly experience across a range of devices such as laptops, desktops and mobile devices. The website, www.lasc.org, is used by the Court to share information of interest to Louisiana citizens. The Louisiana State Bar Association’s (LSBA) Outreach Committee and the Lafayette Bar The website provides information on Association (LBA) hosted a Member Outreach CLE Seminar on Jan. 9, 2020, in Lafayette. Speakers the Supreme Court’s work in the form included, from left, Stuart R. Breaux, Southern Lifestyle Development Company, LLC, 2019-20 LBA Young Lawyers Section president; Yolanda Cezar, Louisiana Attorney Disciplinary Board; and of news releases containing opinions Dwazendra J. Smith, Doran & Cawthorne, PLLC, LSBA Outreach Committee member. The LSBA and other actions of the Court, links to Member Outreach CLE series, “LSBA: Who We Are and How We Serve Our Members,” informs the Clerk of Court’s Office, the Court’s members about LSBA services included with membership. docket, access to live-streaming of oral arguments, Court publications, as well as links to the justices’ biographies, legal resources via the Law Library of Louisiana, Court Rules, and information on Court programs such as Drug and Specialty Courts, the Children and Families Division, the Office of Language Access and the Louisiana Protective Order Registry. The new website also includes a searchable page containing judicial financial disclosure statements. Learn more about the statements at www. lasc.org or directly at www.lasc.org/ JudicialFinancialDisclosure. The new website was designed by staff of the Supreme Court’s Information The Louisiana State Bar Association’s (LSBA) Outreach Committee and the Louis A. Martinet Technology Department in coordination Legal Society, Inc. Lake Charles Chapter hosted a Member Outreach CLE Seminar on Dec. 19, with the Court’s Community Relations 2019 in Lake Charles. The seminar featured Louisiana State Bar Association Ethics Counsel Eric K. Barefield and, from left, Rebecca J. Hunter, The Sanchez Law Firm; Yolanda Cezar, Louisiana Department. Attorney Disciplinary Board; and Shayna L. Sonnier, Hunter, Hunter & Sonnier.

Louisiana Bar Journal August / September 2020 152 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 153 Vol. 68, No. 2 www.lsba.org SEND YOUR NEWS! The Louisiana Bar Journal would like to publish news and photos of your activities and accomplishments. Email your news items and photos to: LSBA Publications Coordinator Darlene The Louisiana State Bar LaBranche at The Louisiana State Bar Association’s (LSBA) Outreach Association’s (LSBA) Outreach Committee and the Inn on the Teche American Inn of Committee and Terrebonne Parish [email protected]. Bar Association hosted a Member Court hosted a Member Outreach CLE Seminar on Feb. Or mail 6, 2020, in St. Martinville. The seminar featured Maggie Outreach CLE Seminar on Oct. 30, T. Simar, 16th Judicial District Court Family Court hear- 2019. The seminar featured Teresa press releases to: D. King, immediate past presi- ing officer, and Shannon S. Dartez, Glenn Armentor Law Darlene LaBranche Corporation, LSBA Board of Governors, Third Board dent of the Terrebonne Parish Bar District. From left, Dartez; Simar; and Judges Suzanne Association. Publications Coordinator M. de Mahy, Vincent J. Borne and Anthony Thibodeaux, 601 St. Charles Ave. all 16th Judicial District. New Orleans, LA LOCAL / SPECIALTY BARS 70130-3404

The Jefferson Bar Association (JBA) Young Lawyers Division (YLD) The Baton Rouge Bar Association (BRBA) hosted a Black History Month hosted “Coffee with the Louisiana 5th Circuit Court” on March 10at luncheon and celebration on Feb. 12, 2020. The luncheon was co-spon- the Louisiana 5th Circuit Court of Appeal in Gretna. Attending, from sored by the Louis A. Martinet Legal Society, Inc., Baton Rouge Chapter; left, Sree Mandava, JBA YLD Loyola University College of Law stu- the Federal Bar Association, Baton Rouge Chapter; and the Baton Rouge dent ambassador; Sowmya Mandava, JBA YLD representative-at-large; Association of Women Attorneys. Marcus V. Brown, executive vice president Jywana Moore, undergraduate mentee; Judge Robert A. Chaisson, Div. I, and general counsel for Entergy Corp., served as speaker. From left, Valerie Louisiana 5th Circuit; and Thomas C. Wicker IV. B. Bargas, Kinchen Walker Bienvenu Bargas Reed & Helm, LLC; Shelton Dennis Blunt, Phelps Dunbar, LLP, 2020-21 BRBA president; Brown; and Linda J. Law Clark, DeCuir, Clark & Adams, LLP, 2018-19 BRBA president.

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Serving Serving Follow Repin on Connect the @LSBA_YLD the Pinterest profession. with us on public. on Twitter LinkedIn The Jefferson Bar Association (JBA) Young Lawyers Division (YLD) hosted “Coffee with the Louisiana 5th Circuit Court” on March 10 at the Follow @LSBA_PresidentFollow Louisiana 5th Circuit Court of Appeal in Gretna. Attending, from left, @LouisianaBar Rachel C. Schmidt, JBA YLD chair-elect; Betty A. Maury, Louisiana State on Twitter on Twitter Bar Association Young Lawyers Division District 2 representative; Judge Jude G. Gravois, Div. H, Louisiana 5th Circuit; and Lauren R. Bridges, JBA YLD chair.

Louisiana Bar Journal August / September 2020 154 Vol. 68, No. 2 www.lsba.org Members of the Greater New Orleans Louis A. Martinet Legal Society, Judge Nakisha Ervin-Knott, Orleans Parish Civil District Court, far Inc. board include, from left, April D. Davenport, vice president of external right, with law students attending the Greater New Orleans Louis A. communications; Wayne P. Connor, Social Committee co-chair; Misha M. Martinet Legal Society, Inc. Pathways and Pipelines to Success Program. Logan, Social Committee co-chair; and Kimberly Silas, 2019-20 president. GNO Martinet Society Hosts 5th Annual Pathways and Pipelines Program The Greater New Orleans Louis A. Law School on Feb. 8, 2020. The pro- event, law students had the opportunity Martinet Legal Society, Inc. hosted its gram provides Louisiana law students to learn from prominent judges and law- fifth annual Pathways and Pipelines to with career-building tools and network- yers and gained essential skills to navi- Success Program at Tulane University ing opportunities. During the day-long gate within the legal profession.

LOUISIANA BAR FOUNDATION LBF Announces 2020- LBF Awards $35,000 in 2020-21 21 Board of Directors The Louisiana Bar Foundation welcomed Kids’ Chance Scholarships; the 2020-21 board of directors — President Harry J. (Skip) Philips, Jr., Baton Rouge; Awareness Week Set Vice President Christopher K. Ralston, New The Louisiana Bar Foundation’s Luling; Blake Ledet, Houma; Breanna Orleans; Treasurer Alan G. Brackett, New (LBF) Kids’ Chance Scholarship pro- Leleaux, Lafayette; Hallie Rogers, Orleans; and Secretary Deidre Deculus gram awarded $35,000 in scholar- Patterson; and Derek Trouard, Baton Robert, Baton Rouge. ships to seven students. Scholarships Rouge. New board members are Wendy E.W. are awarded to dependent children of Kids’ Chance Awareness Week, Giovingo, Monroe; H. Minor Pipes III, New Louisiana workers killed or permanent- Nov. 9-13, is designed to increase vis- Orleans; Maggie T. Simar, St. Martinville; ly and totally disabled in an accident ibility through special outreach events Shayna L. Sonnier, Lake Charles; and Hon. compensable under a state or federal to spread the word about Kids’ Chance Ray S. Steib, Jr., Gretna. Workers’ Compensation Act or law. scholarship opportunities. Stay tuned Other members of the 2020-21 board The LBF Kids’ Chance Program was for more information as the week draws of directors include Amanda W. Barnett, started in 2004 and is administered by closer. Alexandria; Patricia R. Bonneau, Mandeville; the LBF and governed by a commit- For more information about Kids’ Charles C. (Chuck) Bourque, Jr., Houma; tee representing a cross-section of the Chance or to donate to the scholarship Hon. Guy E. Bradberry, Lake Charles; Hon. state’s legal and workers’ compensa- fund, contact Dee Jones at the LBF John C. Davidson, Alexandria; Edmund J. tion communities. Since 2004, the LBF office, (504)561-1046, email dee@ Giering IV, Baton Rouge; Eugene G. Gouaux, has awarded 313 scholarships totaling raisingthebar.org. Or go to: https:// Jr., Lockport; Karleen J. Green, Baton Rouge; $754,000. raisingthebar.org/kids-chance-scholar- Camille R. Jackson, Alexandria; Julie M. The 2020-21 scholarship recipients ship-program/become-a-kids-chance- Lafargue, New Orleans; Alainna R. Mire, are Tyler Byrd, Pearl River; Matthew sponsor. Alexandria; John C. Nickelson, Shreveport; Garrett, Montegut; Mason Graham, David E. Verlander III, Monroe; and Zebulon M. Winstead, Alexandria.

Louisiana Bar Journal August / September 2020 154 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 155 Vol. 68, No. 2 www.lsba.org LOUISIANA BAR FOUNDATION President’s Message Looking to the Future with Gala and Other Projects By 2020-21 President Harry J. (Skip) Philips, Jr.

uring the public health emer- $500; Southeast Orleans Saints quarterback Drew Brees gency, the Louisiana Bar Louisiana legal and running back Alvin Kamara. Thanks Foundation (LBF) has main- Services, $3,545; to all who participated in the auction. tained relatively normal op- and The Pro Bono Even though events are being cancelled erations,D including making important de- Project, $1,500. now and meetings are moving to virtual, cisions about grants for the coming year. Although this we do want everyone to mark their calen- We are very excited that we were able to year’s Gala was can- dars for the annual Fellows Gala on Friday, maintain funding for our grants in this celled, many LBF do- April 23, 2021, at the Hyatt Regency time of pandemic. As civil legal aid is a nors made their 2020 New Orleans. This will be one to remem- vital component of the public response Gala sponsorships Harry J. (Skip) ber! In addition to recognizing the 2019 to, and recovery from, the current public charitable/business Philips, Jr. honorees — Distinguished Jurist Robert health crisis, support for civil legal aid will donations. (See Gala donors below.) We H. Morrison III; Distinguished Attorney become an even more urgent necessity as appreciate your generosity and support. Marcus V. Brown; Distinguished Attorney civil legal problems continue to multiply in These donations allow the LBF to continue Mary Terrell Joseph; Distinguished the long-term fallout from the pandemic. funding the work of our grantee partners to Professor John M. Church; and Calogero We conducted a survey of our grant- help those of limited means avoid eviction Justice Award recipient Chief Justice ees to identify service disruptions and and disputes over medical and consumer Bernette Joshua Johnson — we also will other COVID-19 impacts. We identified debt, provide protection from domestic recognize the 2020 honorees, announced in several programs that had technology/re- violence, and myriad other legal problems November. Nominations are currently be- mote access software needs. Emergency as a result of this pandemic. ing accepted for these awards. If you are an grants were approved for software and We held a very successful virtual auc- LBF Fellow in good standing, go to www. equipment needs — Acadiana Legal tion in June. The big-ticket items this year raisingthebar.org for nomination forms. Service Corporation, $3,545; Baton Rouge were “A Number One Tiger Fan” by art- Remember to support the LBF financial- Children’s Advocacy Center, $1,500; Faith ist George Rodrigue and signed by Coach ly. Go to www.raisingthebar.org to make a House, $500; Frontline Legal Services, Ed Orgeron; a Venice day trip for offshore donation. We have an opportunity to make $1,000; Innocence Project New Orleans, and rig fishing for four donated by Phil Louisiana’s civil justice system more acces- $1,000; Louisiana CASA Association, Wittmann; and a football signed by New sible to all, and we need your help. 34th Annual Gala Donors Pinnacle: Entergy Corporation. Evangeline Bank & Trust Co. & Foundation; Lasky Murphy LLC; Benefactor: Red River Bank. Pillar: Hon. Mary Hotard Becnel; Suzanne & Bob Myers; New Orleans 365 Days of Justice: Hancock Bourgeois Bennett, LLC; Law Offices Martinet Legal Foundation; O’Bryon Whitney. of Tim L. Fields; Fishman Haygood, & Schnabel; Porteous, Hainkel and Cornerstone: McGlinchey Stafford, LLP; Frilot L.L.C.; Gouaux Law Firm; Johnson L.L.P.; Ranier Law Firm; Deidre P.L.L.C.; and Mouledoux, Bland, Legrand Kinchen, Walker, Bienvenu, Bargas, Reed Deculus Robert; Kara Hadican Samuels & Brackett, LLC. & Helm, LLC; and Liskow & Lewis. & Associates, LLC; Keely Y. Scott; Stag Capital: Baker Donelson; Calvin C. Foundation: 22nd JDC Bar Liuzza, LLC; St. Martin and Bourque; Fayard, Jr., APC; Gainsburgh, Benjamin, Association; Paula A. Ates & Associates, Stone Pigman Walther Wittmann L.L.C.; David, Meunier & Warshauer, L.L.C.; L.L.C.; Judge Roland L. Belsome, Jr.; Strauss Massey Dinneen LLC; David E. Galloway; Irwin Fritchie Urquhart & Patricia R. Bonneau; Hon. Paula Brown; Verlander III; and Watson, McMillin & Moore LLC; Chief Justice Bernette Joshua In Memory of Pascal F. Calogero, Jr.; Street. Johnson; Jones Walker LLP; Phelps Linda Law Clark; Shannon Seiler Dartez Gala Supporter: Jennifer Jones; Dunbar, LLP; Pipes Miles Beckman LLC; Prof. Robert Force; Deutsch Teresa King; Gregory Landry; Ivan LLC; Sher Garner Cahill Richter Klein Kerrigan; Hurlburt, Monrose & Ernest; Orihuela; and Rick Stanley. & Hilbert LLC; Taylor Porter; and The Patricia Krebs; Lafayette Bar Association

Louisiana Bar Journal August / September 2020 156 Vol. 68, No. 2 www.lsba.org Minimum Qualifications, Conditions and Procedures for Appointment as Special Assistant Attorney General in Risk Litigation

The minimum qualifications, condi- 9. The attorney should have been admitted 14. Requirements 11 and 12 may be waived tions and procedures for appointment as a to and engaged in the practice of law for by the Attorney General, in which event Special Assistant Attorney General in risk a minimum of three years. the attorney will be placed on probation litigation are listed below. 10. The requirements set forth in 8 and 9 may as to medical malpractice defense as be waived by the Attorney General, in provided in paragraph 10 above. 1. The attorney shall be admitted to practice which event the attorney will be placed in law in the state of Louisiana, unless a probationary status for a period of three Conditions the action is pending in another state, years. During the period of probation, in which event the attorney shall be 1. Any attorney appointed by the Attorney the attorney’s performance will be General serves at the pleasure of the Attorney admitted to practice in the state where evaluated annually by the State Risk the action is pending. General and may be removed by the Attorney Administrator-Claims and the Assistant General at any time without cause. 2. If the action is pending before a federal Director for Litigation Management of court or other court with special the Office of Risk Management or, if 2. The Office of Risk Management or, if admission requirements, the attorney applicable, the Director for the Office applicable, the exempted institutions, shall be admitted to practice before such of Risk Management of the exempted may only remove an attorney for cause. court. institutions, and the Director of the 3. All contracts must comply with the 3. The attorney shall not be under suspension Litigation Program of the Louisiana Ethical Standards for Public Servants, by the Louisiana Supreme Court or any Department of Justice. Title 42, Section 15, Part II of the court in which the action is pending. Louisiana Revised Statutes, including, In the event that the attorney’s perfor- but not limited to, La. R.S. 42:1113. 4. The attorney and any attorney with mance is acceptable during the three-year whom he is engaged in the practice of probationary period, he shall be removed Procedures law shall not represent any plaintiff in from probationary status. In the event the any tort claim against the state and/or attorney’s performance is unsatisfactory, 1. In order to be considered for appointment its departments, commissions, boards, he may be removed from the probation- as a Special Assistant Attorney General agencies, officers, officials or employees ary list or, at the discretion of the State in risk litigation, an attorney must unless specifically waived in writing Risk Administrator-Claims, the Assistant provide proof to the satisfaction of the by the Attorney General and the Office Director for Litigation Management of Attorney General that the firm meets of Risk Management, or, if applicable, the Office of Risk Management or, if -ap the minimum qualifications. the institutions exempted from the state plicable, the Director for the Office of Risk risk management program pursuant to Management of the exempted institutions, 2. The Attorney General shall notify in La. R.S. 17:3139.5(e)(i) (hereinafter and the Director of the Litigation Program writing the Office of Risk Management or exempted institutions). of the Louisiana Department of Justice, the the exempted institutions, if applicable, of probationary period may be extended. the attorney assigned in all risk litigation. 5. The attorney shall not have a conflict The Office of Risk Management, or the of interest as provided by the Rules of exempted institutions, if applicable, Professional Conduct of the Louisiana Additional Requirements shall advise the Attorney General of its State Bar Association. for the Defense of Medical concurrence of the attorney assignment in 6. The attorney shall have and maintain Malpractice Claims writing. Written concurrence by the Office professional malpractice insurance with of Risk Management or the exempted minimum coverage of $1 million per 11. The attorney should have three years’ institutions, if applicable, constitutes claim with an aggregate of $1 million. experience in the defense of medical notification of the contract attorney malpractice claims. assignment to the Attorney. The Attorney 7. The attorney must be a subscriber to an 12. The attorney should have participated as General shall send a letter to the attorney electronic billing program designated stating that the firm has been assigned as by the Office of Risk Management or, counsel of record in at least two medical malpractice trials. defense counsel. The Attorney General’s if applicable, the exempted institutions. appointment letter shall serve as signatory 8. The attorney should have a Martindale- 13. Professional malpractice limits shall evidence of the Attorney General’s Hubbell rating of “distinguished” or better. be at least $1 million per claim with an approval for any contract for legal services aggregate of $1 million. resulting from the appointment.

Louisiana Bar Journal August / September 2020 156 Vol. 68, No. 2 www.lsba.org LouisianaLouisiana BarBar JournalJournal AugustAugust // SeptemberSeptember 20202020 157157 Vol.Vol. 68,68, No.No. 22 www.lsba.orgwww.lsba.org experience, federal and state litigation. Any person(s) concurring with or oppos- ServicesSERVICES Available for briefs, research, court ap- ing this petition must file notice of same pearances, analysis of unusual or problem within 30 days with the Louisiana Attor- Texas attorney, LSU Law 1985. Admit- cases. References on request. Catherine ney Disciplinary Board, Ste. 310, 2800 CLASSIFIEDted in Louisiana and Texas. I am available Leary, (504)436-9648, statewide services, Veterans Memorial Blvd., Metairie, LA to attend hearings, conduct depositions, registered office Jefferson Parish. 70002. act as local counsel andADS accept ONLINE referrals AT WWW.LSBA.ORG for general civil litigation in the Houston CLASSIFIED NOTICES Northwest Florida counsel. Louisiana Michael J. Riley, Sr. has applied for area. Contact Manfred Sternberg, Jr. at attorney with 32 years’ experience, and readmission to the Louisiana State Bar (713)622-4300; email manfred@mstern- licensed in Florida, available for referral Association. Any person(s) may file a Standard classified advertising in our regu- berg.com. transcript to Sophia Hotard, Ste. 2000, lar typeface and format may now be placed POSITIONS OFFERED 365of civilCanal and St., criminal New Orleans, matters LA from 70130, Pen - concurrence or opposition to his applica- in the Louisiana Bar Journal and on the orsacola email [email protected]. Panama City. Contact John F. tion within 30 days of publication of this LSBA Web site, LSBA.org/classifieds. CommercialMobile, Ala., litigationattorney acceptingattorney referwith - Greene, Ste. 210, 4507 Furling Lane, notice to the Louisiana Attorney Disci- All requests for classified notices must atrals least of two-three personal injuryyears of claims active in litiga South- Destin, FL 32541. Call (850)424-6833 or plinary Board, Ste. 310, 2800 Veterans be submitted in writing and are subject ServicesSERVICES tionAlabama, experience including needed automobile, to join the Baton work - (504)482-9700; or visit www.destinattor- Memorial Blvd., Metairie, LA 70002. to approval. Copy must be typewritten ers’ compensation and slip & fall acci- and payment must accompany request. Rouge office. Candidate’s litigation- ex Texasneyjohngreene.com attorney, .LSU Law 1985. dents. Licensed in both Louisiana (since Our low rates for placement in both are perience is not required to have been in Admitted in Louisiana and Texas. I am 1979) and Alabama (1998). Russell E. 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Any O O I D H damaged in transit, damage repair es- 12 13 Headings: $15 initial headings/large type Grouplate experience. in the New Orleans Confidential; office. statewide The pre- timates,person(s) auto concurring accident with reconstruction, or opposing this L L A F O U R C H E A ferredservice; candidate fast response. will have Callone-two (337)474- years O A L G F eventpetition data must recorder file notice (EDR/Black of same within Box 30 14 15 16 BOXED ADS M P O O C H S O U S A of4712 experience (Lake Charles);handling complex email lee@lee cover-- downloads)days with theand Louisiana litigation Attorney assistance. Disci - Boxed ads must be submitted camera ready ageaarcher.com; matters. Litigation visit www.leeaarcher.com experience a plus.. E L R R A S L www.HoustonAutoAppraisers.complinary Board, Ste. 310, 2800 Veterans. Roy 17 18 by the advertiser. The ads should be boxed W H A T I O K I N A W A and 2¼” by 2” high. 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Thonn Classified Notices Forensic Document Examiner Forensic Document Examiner Accepting Appellate Referrals 601 St. Charles Avenue ROBERT G. FOLEY Services include document examination, Services includeand Consultations document examination, New Orleans, LA 70130 Handwriting Examination & Comparison analysis and opinions including, but not analysis and opinions including, but not and Related Matters limited to, questioned signatures and limited to, questioned signatures and Donald J. 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Louisiana Bar Journal Vol. 64, No. 5 413 Louisiana Bar Journal August / September 2020 158 Vol. 68, No. 2 www.lsba.org

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Louisiana Bar Journal August / September 2020 158 Vol. 68, No. 2 www.lsba.org Louisiana Bar Journal August / September 2020 159 Vol. 68, No. 2 www.lsba.org The Last Word A Month Without the Clock

By Scott L. Sternberg

month without the clock. As we careen toward phase two, I find myself at a realization that this will never happen again. In Louisiana, we were hurtling toward Jazz Fest andA our legislative session, generally my firm’s busiest time of year, when COVID stopped us all in our tracks. Thousands were found myself cherishing the time, just like those mentors had said. infected after Mardi Gras and many lost their lives. It was uninterrupted, non-holiday time. Except for supply runs, Through all of that, and the stress of helping manage a small we didn’t leave for fear of getting sick. We had power, so it wasn’t business, I have been told several times by more senior lawyers I like a hurricane. Our time together went on for weeks but felt like admire that I should cherish this time at home. moments. In my own ignorance, I played those off. Cherish was a strange I know, now that I have lived it and emerged relatively un- word, I thought. People are dying and, for all I know, we could be scathed, that there is unlikely to be any time like this again. infected next. In Louisiana, and around the country, we were so unprepared The life of a litigator is one of constant deadlines, moving the for COVID that it took weeks for the systems and pace to adjust. docket. If you’re doing this job right, there’s never a moment with Now, with a faint light at the end of the tunnel, no matter when nothing to do. Lots of jobs are like this, but, when I take the day this happens again, I believe it will feel a bit more like we are off, I feel a heavy clock ticking. ready. Like taking off your shoes to get through airport security. That clock — deadlines for return of discovery, prescription on There will be bumps in the road, but we will adjust. Because we a case, for depositions to be completed, or for a case to be settled will have done this before. — is like a great weight hanging over every day, including every In late May, as I packed up some of my home office to move it vacation, every lazy Sunday and every soccer game. It weighs back to my actual office, my 4-year-old daughter asked how long heavier in slack messages, or texts or calls sent to voice mail. I would be at work that day. She was disappointed she wouldn’t In March and April, the economy shut down and the Governor be making me “lunch.” Just a few hours, I said with a smile. It ordered legal deadlines suspended. Courts closed. The clock liter- was bittersweet. ally stopped ticking. It was a relief I was not prepared for and one Even with the phase-in, and a prayer for health and a vigorous I was ashamed to appreciate. restart, I knew that it will never be like this again, and so now I And I began my mornings with coffee and my children. We am going to appreciate this time for what it was. As lawyers, we would watch television, work on their assignments or play. As the are fortunate to practice in a profession that lets us work from work began to slowly rejuvenate, I would attend video status con- everywhere. In the future, I have taken an important lesson from ferences with my son’s video games in the background. I watched COVID: I will be more cognizant of the clock. legislative hearings with my daughters bringing me fake food to Scott L. Sternberg is the managing partner of eat from their toy kitchen. My wife and I switched off as to who Sternberg, Naccari & White, L.L.C., with offices oversaw the crazy kid cabal/school so that we could Zoom one in New Orleans and Baton Rouge. He received place or another. a BA degree in journalism from Louisiana State University and his law degree from LSU Paul M. My practice is tech-forward, and everyone at my firm relish- Hebert Law Center. He has served as chair, chair- es the ability to work from anywhere. But for the first time in a elect, secretary and District 1 representative on long time, I forgot the feel of the clock. Or the weight. I felt other the Louisiana State Bar Association (LSBA) Young stress, sure, and concern, even despair for the loss of life, includ- Lawyers Division Council. He is currently serving on the LSBA’s Board of Governors as a First Board ing friends and lots of folks I had never met. I felt fear when I left District representative. ([email protected]; Ste. 2020, the house and went to the store or forgot to wash my hands. But I 935 Gravier St., New Orleans, LA 70112)

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