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Summer 2020 Advocate

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Summer 2020 Advocate SUMMER EDITION 2020 VOL. 29, NO. 4 MESSAGE FROM THE PRESIDENT BY: HON. NANNETTE JOLIVETTE BROWN “There are moments which mark your life. Moments when you realize nothing will ever be the same and time is divided into two parts, before this, and after this.” N. Kazan The death of George Floyd on May 25, 2020 is one of those moments—eight minutes and 46 seconds, to be exact. The video of a police officer sworn to protect and serve, with his knee on Floyd’s neck as he gasped, “I can’t breathe,” changed how millions of people around the world view America and snatched the wool from over the eyes of others who before that moment, refused to acknowledge the systemic problems embedded in the fabric of our nation and the indifference endured by so many. Eight minutes and 46 seconds…and the world has taken a knee, to denounce the absence of humanity and to demand an end to unjust policies and practices. Not since Mamie Till-Mobley decided to have an open casket funeral so that all the world could see what racist murderers had done to her 14-year-old son, Emmett Till, accused of flirting with a white woman,1 have we had a visual so strong that it forces us to confront the evil and ugliness enabled by our im- perfect society. Those eight minutes and 46 seconds which ended in Floyd’s life being snuffed out before our very eyes illustrated an absence of humanity created by years of suppression and oppression that African Americans confront daily. The perceived right and privilege of some to so dominate and subjugate others, such that they dare to kill in the open and despite pleas for help by onlookers. The death of George Floyd was a moment in time that has changed us forever as a nation. That moment has evolved into a movement uniting Americans to say enough is enough and demand reform. As sad and depraved as that moment was, it ignited a spirit that united the country in purpose around a common truth that spilled into the streets creating a level of civil unrest not seen or heard in decades. We can now hear the truth about Colin Kaepernick’s decision to kneel—not as an insult but as a plea. As confederate monuments are torn down,2 streets renamed and state flags redesigned, we as a country are ready for the truth. The Confederacy lost the civil war. Slavery ended. Separate is not equal. You are free to live your life unafraid to be who cont’d on page 2 1 While visiting family in Money, Mississippi, Emmett Till, from Chicago, was kidnapped, tortured and murdered for allegedly flirting with a white woman. The woman’s husband and his half-brother kidnapped Till four days later and made Till carry a 75-pound cotton gin fan to the bank of the Tallahatchie River and ordered him to take off his clothes. They then beat the child nearly to death, gouged out his eyes and then threw his body, tied to the cotton fan with barbed wire, into the river. 2 This is not the first time in our country’s history that monuments have been taken down. See https://www.nationalgeographic.com/history/2020/07/pulling-down-statues-tradition-dates-back-united-states-independence/ (last visited July 3, 2020). EDITORIAL BOARD: LARRY CENTOLA, COLIN CAMBRE, SCOTT STERNBERG, LAURA CANNON MESSAGE FROM THE PRESIDENT (CONT'D) you are. You can love who you choose and not lose your life or your job over it. These are fundamental principles of our democracy laid out plain and clear in the Declaration of Independence: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” This is a promise our founding fathers made. The death of George Floyd is not the only difficult moment of my presidency. However, it is the one that has affected me the most. I am proud to know the National FBA and YLD immediately put out statements condemning unjust treatment and unfair policy and laying out specifics the organization will do to be an agent of change. During my tenure as President, I have made friendships and developed great respect for the organization and how it operates. Our leadership is fierce, brave, and uncompromising in its commitment to fairness, equality, justice, and respect for the rule of law. It has been one of my greatest honors to serve as President of this organization. And in this moment, I am better having had the opportunity to serve. WELCOME TO THE NEW PRACTICE OF LAW BY Scott STERNBERG, STERNBERG, Naccari & WHITE, LLC While most lawyers have adapted well from mail, to internal phone conferences by video. We e-mail all our telex, fax and e-mail, the reality is that starting right now, bills. I haven’t mailed out a hard copy engagement letter your law practice will never be the same again. in years—we e-sign every one. By and large, the law is exactly the kind of profession But that doesn’t mean that technology is the answer to all that can be worked remotely. Research, writing, review of our questions. Or the only way to practice law, now. of documents. While Courts remain on skeleton crew There are some things that can’t be replaced, as we’ve all and are slow to reopen, we should all thank our lucky learned, like human interaction. There’s something about stars that we have advanced enough as a profession to sitting down at a table with a client to settle or close, work from home in the first place. Other professions are and something about hearing an answer to a deposition not quite as lucky. question in person. But just as doctors have been thrust into telemedicine, By example, I recently argued an appellate matter by what the novel coronavirus, or COVID-19, obliged of Zoom. I would generously grade my performance in the legal profession was not a requirement that we work that argument as a minor catastrophe. The inability, by harder, but that we work “smarter.” The word “smart” in videoconference, to read the judges, and the tone and front of any word (like “smart home” or “smart phone”) inflection of both the argument and questions to and from implies that the technology in it is, well, “smart.” opposing counsel, was seriously affected by Zoom. Plus, who knows if your Internet connection will be stable Your smart home started with Alexa or Google Assistant throughout the argument given the number of people telling you about the weather or that your packages streaming or having their own video hearings. would be delivered. Your smart practice starts now— whether we like it or not. All this to say, as a of mentor of mine might have predicated, that the tech is great, and by all means let’s For years, lawyers have championed the benefits of save people time and money. But there’s no substitute technology, and even artificial intelligence, in the for reading the room. I have no intention of trying cases improvement of everything from client service, to legal by Zoom. And I can’t wait to shake hands again. Good research, and to work-life balance. I’m pro-technology hunting. and we have a tech-forward practice at my firm – I’ve drank as much Kool-Aide as a lawyer can. I have all my Federal Practice CLE Series 2020 Join the New Orleans Chapter of the FBA for lunchtime CLEs this August. Federal judges and seasoned practitioners will explore the latest developments affecting your federal practice. Four, one hour CLEs will be offered on Zoom. Advance registration is required. The Art of Persuasion – Openings and Closings August 6th at noon with the Hon. Ivan L. R. Lemelle &Timothy Daniels Examination and Cross Examination of Experts at Trial August 13th at noon with the Hon. Jane Triche Milazzo & Celeste Coco-Ewing Building your Case through Lay Witness Testimony August 20th at noon with the Hon. Susie Morgan & Stephen Herman Pre-Trial and Trial Motions – Winning your Case before it Begins August 25th at noon with the Hon. Wendy B. Vitter &Thomas Flanagan Name: ___________________________________________________________________________ Firm/Organization: ________________________________________________________________ Telephone:______________________ Email: ___________________________________________ Member Government/ Non-Member Public Interest ___ Federal Practice CLE Series $105 Free $100 $175 (All four programs - four hours of CLE) ___ The Art of Persuasion – Openings and Closings $35 Free $25 $50 8/6/2020 ___ Examination and Cross Examination of Experts at $35 Free $25 $50 Trial 8/13/2020 ___ Building your Case through Lay Witness Testimony $35 Free $25 $50 8/20/2020 ___ Pre-Trial and Trial Motions – Winning Your Case $35 Free $25 $50 Before it Begins 8/25/2020 Please register online, email [email protected], or mail payment to: Federal Bar Association, New Orleans Chapter, 500 Poydras Street, Room B-245, New Orleans, LA 70130. All cancellations must be received in writing one day prior to the program. No shows will be charged. 3 CORONAVIRUS, CONTRACTS, AND FORCE MAJEURE: WHAT EVERY LAWYER NEEDS TO KNOW Micah C. Zeno, Gordon, Arata, Montgomery, Barnett, McCollam, Duplantis & Eagan, LLC A version of this article was previously published on gamb.com. What is force majeure and how is it different from an force majeure events will either be restricted (finite) act of God? or unrestricted and include a catch-all or broadening statement, such as “without limitation,” “but not The term force majeure is French for “a superior limited to,” “other events,” and “other similar events.” force.” A force majeure clause is a provision in a contract “Other acts of God” is a broadening statement often that allocates the risk of loss if performance by a party to used to expand a list of force majeure events to include the contract becomes impossible as a result of an event natural occurrences not specifically listed.
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