Fall Edition 2019 Vol. 29, No. 1 MESSAGE FROM THE PRESIDENT BY: HON. Greetings! Welcome to the 2019- the chair will hold a leadership position on the Board of 2020 calendar year of the New Directors. I am honored to recently have been appointed Orleans Chapter of the Federal to serve on this very important committee by our national Bar Association. As I said in President, Christian Adams. At a local level, our goal my remarks during the annual is to make everyone feel included in the federal legal meeting in August, during the community and the board and I will make intentional 19 years that I have been a and direct connections with individual lawyers to help member of the ensure all members experience the feeling of belonging. Chapter of the FBA, I have lead, supported, and participated in We are well into working with the judges in the EDLA to many award-winning programs and milestone events of provide a rewarding educational experience for attorneys the organization; however, nothing measures up to the in this district through the programs that will be offered honor and excitement I feel about having the privilege to during the 2019 Biennial Bench and Bar Conference to preside as President of the largest and most distinguished be held October 25 at the Hyatt Regency Hotel in New Chapter of the FBA in the country. Orleans. This conference promotes positive out-of-court interaction between the bench and the bar, which is This year, in addition to continuing to provide quality another hallmark of our national leadership. In fact, our CLE and other events, socials, and programs, in own Judge is a member of the National FBA celebration of the 100th anniversary of the founding Board of Directors and one of his many responsibilities of this organization, all CLE programs this year will will be to act as a liaison between the organization and be free to members as a benefit for paying your annual the judiciary. dues. New members will also receive a 20% discount on their first year’s dues. We hope that this benefit This is an amazing organization with the structure, opens the doors to this organization even wider than power, and influence to make a real and lasting positive before and encourages enrollment and participation impact on the greater New Orleans legal community by a wide variety of practitioners to ensure the federal and the 13-Parish community of lawyers served by the legal community fully reflects the rich diversity and judges of the EDLA. I am looking forward to working experiences of the individuals it serves. This is consistent with all of you to make that happen! with the direction of our national leadership. The national FBA Board of Directors, at its annual meeting in early Sincerely, September, approved the transition of the FBA Diversity and Inclusion Task Force, established in 2011, into the FBA Diversity and Inclusion Standing Committee where President

Editorial Board: Larry Centola, Colin Cambre, Scott Sternberg, Laura Cannon NATIONAL MEETING A delegation from the New Orleans Chapter of the Chapter Activity and a Meritorious Newsletter Award Federal Bar Association attended the National Annual during the Saturday Awards Luncheon. Mr. Haedicke Meeting and Convention in Tampa at the beginning of was personally presented with the 2019 Section and September. The delegation included Hon. Nannette Division Outstanding Leader Award, and the Civil Jolivette Brown (Chapter President), Hon. Barry Rights Law Section was honored with a Section Award Ashe (Past Chapter President, Judiciary Director, Vice and Meritorious Newsletter Award. President for the 5th Circuit), Ashley Belleau (Past The final event of the convention was the Leadership National President and Past Chapter President, Delegate Reception and Presidential Installation Banquet on to the ABA, and Foundation Board Member), Donna Saturday, September 7th. During the Banquet, Chief Phillips Currault (Foundation Board Member), Stephen Judge Brown was honored with the prestigious Hon. Haedicke (Chair of the Civil Rights Law Section), Sarah T. Hughes Civil Rights Award, presented by Amanda Kaiser (Chapter Executive Director), Kathryn Martha Hofmeister. Judge Ashe then swore in Christian Knight (Immediate Past Chapter President, Sections and Adams of Hawaii as the 2019-2020 FBA National Divisions Council Member, and Past Chair Labor and President. Next year’s Annual Meeting and Convention Employment Section), and Kelly Scalise (Past Chapter will be held September 9-12, 2019 in Charleston, South President and National Board of Directors). Carolina. The South Carolina delegation previewing the This year’s Annual Meeting and Convention in Tampa exciting events planned for next year’s Annual Meeting featured engaging CLE sessions with distinguished offered this tip: start thinking about dinner reservations speakers and entertaining networking events throughout now, as Charleston’s fabulous restaurants will book up the conference. The convention began with Professor fast! Shon Hopwood of Georgetown University and author of Law Man: A Memoir of a Jailhouse Lawyer discussing criminal justice reform. Ms. Currault moderated a panel of three speakers for a CLE entitled Noteworthy SCOTUS Decisions for General Counsel, Business Litigators, and Jurists. The panel incorporated perspectives from three practice areas: intellectual property, international law and labor and employment. Robert Mazur, former U.S. federal undercover agent and now president of KYC Solutions, delivered an engaging presentation on his undercover work related to money laundering. The Tampa Bay Chapter hosted an evening reception at the Florida Aquarium. Attendees explored the exhibits, enjoyed live music, and networked with one of the New Orleans Chapter representatives at the resident penguins. FBA Annual Meeting & Convention Meeting in Tampa. During the convention, the Chapter and its members were honored with several recognitions and awards. At the Public Service Luncheon Ms. Knight was inducted as a life Fellow of the Foundation, the latest addition to a committed group of New Orleans Chapter Fellows. During the National Council Meeting Judge Ashe, Ms. Belleau and Ms. Scalise were installed as National Officers for the 2019-2020 Board year; Ms. Belleau and Ms. Currault were sworn in as Foundation Board members; Ms. Scalise was recognized for her work as Chair of the Audit Committee; and Judge Ashe was Stephen Haedicke, Chair of the Civil Rights Law recognized for 20 years of membership. The Chapter Section, received the 2019 Section and Division was awarded a Presidential Excellence Award for Outstanding Leader Award. CHIEF JUDGE BROWN HONORED WITH HON. SARAH T. HUGHES CIVIL RIGHTS AWARD

On September 7, 2019, at its Annual Meeting and Convention in Tampa, Florida, the Federal Bar Association presented its prestigious Hon. Sarah T. Hughes Civil Rights Award to Chief Judge Nannette Jolivette Brown. Named after the renowned federal district judge from Dallas, Texas, who was the first female state district court judge in Texas and the first woman to serve as a federal district court judge in that state, the Hon. Sarah T. Hughes Civil Rights Award was created to honor that man or woman who promotes the advancement of civil and human rights amongst us, and who exemplifies Judge Hughes’s spirit and legacy of devoted service and leadership in the cause of equality. As the first African-American female federal judge in , and the first African American judge to serve as Chief Judge in the Eastern District of Louisiana, Judge Brown’s life work exemplifies ground-breaking achievement. The Hon. Nannette Jolivette Brown Her public service, volunteerism, and work as a legal educator similarly receiving the Hon. Sarah T. Hughes demonstrate a body of sustained and dedicated work in the areas of civil rights, Civil Rights Award due process, and equal protection. In addition to building a successful law from Martha Hofmeister. practice, Judge Brown taught at three Louisiana law schools. She helped to establish the Mediation Section of the Loyola College of Law Clinic and Center for Social Justice, which provided free mediation services to those unable to pursue traditional legal avenues to resolve their disputes. After Hurricane Katrina, she served as mediator in more than 100 cases as part of the Louisiana Hurricane Mediation Program. And immediately prior to her 2011 appointment to the federal bench by President Obama, she served as City Attorney and Deputy Mayor for the City of New Orleans. In that capacity, she oversaw a team of 75 lawyers and addressed a wide variety of legal issues affecting the City – from permitting disputes to compliance with federal consent decrees. During her first year on the bench, Judge Brown took over a section of the Eastern District’s post-conviction Rise & Recover Reentry Program, which seeks to help offenders return to their communities after release from prison. In 2017, Judge Brown was the chairperson for the Eastern District’s inaugural Bench and Bar Conference; a primary objective for the conference was to reach out to lawyers throughout the district to make sure that the court is meeting their needs for information about practicing in the Eastern District. As Chief Judge, she also is an active supporter of the EDLA Civil Pro Bono Program and the Judges and Lawyer Assistance Program, which provides mental health and medical services to members of the bench and bar unable to afford those resources. In the course of nominating Judge Brown for the award, members of the FBA’s New Orleans Chapter explained how Judge Brown’s career and service to others reflect the legacy of Judge Hughes: Judge Ivan L.R. Lemelle: “Titles . . . are meaningless without progressive actions to build upon great legacies. Throughout a life of service to the public, bar, and judiciary in top positions, [Judge Brown] knew and shared the value of inclusion and diversity in all arenas. Oftentimes, as the only ‘double minority’ in the room, she provided unique insight from personal experiences as an African American female that led to positive new relationships and developments.” Magistrate Judge Dana M. Douglas: “Chief Judge Brown has leveraged her success as both a lawyer and as a member of the judiciary to assist others seeking to navigate the landscape toward a successful legal career. As City Attorney, she created an environment that encouraged equal opportunity for lawyers from diverse backgrounds–including women and minorities–to assist the City of New Orleans through its open bidding and procurements processes. As a member of the bench, she has supported numerous programs to support various groups of underrepresented members of the bar.”

cont’d on page 4 CHIEF JUDGE BROWN HONORED WITH HON. SARAH T. HUGHES CIVIL RIGHTS AWARD (cont'd) Former Chapter President Raley Alford: Hughes. And even though today, at times, things “[Judge Brown] has held several important seem dark, we cannot overlook the progress we positions, and, in each one of them, she found have made as a country and a society, nor ignore ways to include new people and new voices in the deep compassion we have for one another. the activities of our Chapter – whether in the As I look across the room tonight, into the faces form of continuing legal education programs, of all of you, so committed to the rule of law that outreach to law schools, recruiting new members, you give so much of yourselves through your work or community service projects. Reflecting the with this organization (and others), I see the same standard set by Judge Hughes, Judge Brown light reflected by Judge Hughes in you. has demonstrated time and again that she is committed to inclusion and to removing barriers As a bar association, we should be on the forefront to participation in professional and public life.” of making sure there is justice and equality for all, and preparing the next generation to do the same. On November 22, 1963, Judge Hughes swore in President Lyndon B. Johnson after the assassination of President So let’s carry on the legacy of Judge Hughes by John F. Kennedy in Dallas. Judge Brown was born just working together to empower the next generation three days before the assassination, and, in accepting of leaders and advocates in our community and the award, she reflected on how the famous photograph make sure they are reflective of the diversity that of that inauguration influenced her even before she we all embody. knew who Judge Hughes was. She also challenged us Finally, to the memory of Judge Hughes, and in to continue to draw inspiration from Judge Hughes’s recognition of all she and others like her stood for example: and sacrificed to open doors for people like me, I So when people are in awe at the thought that I am want to thank you. the first African American woman to be appointed Judge Brown’s career and achievements have made a as a federal judge in Louisiana in our court’s difference in advancing the causes that were important to over 200-year history and ask – “When did you Judge Hughes, and the New Orleans Chapter is pleased to first know you could be a federal Judge?” – I can congratulate Judge Brown on this well-deserved honor. honestly say I have always known. And I have always known because of the example set by Judge

STATE VS. FEDERAL RULES OF CIVIL PROCEDURE

Outreach to the thirteen parishes comprising the Eastern District is a priority for the judges of the Eastern District and the New Orleans Chapter of the Federal Bar Association. To further that effort, the Chapter partnered with the 22nd JDC Bar Association (which includes St. Tammany and Washington Parishes) to hold a CLE on Friday August 9th at the Justice Center in Covington. Judge Jane Triche Milazzo and Judge William “Rusty” Knight collaborated to present major procedural differences between practice in state and federal court. The CLE was free and served as a membership drive for both bar associations. Light refreshments were served during a reception after the program. Rachael Catalanotto, Vice President of the 22nd JDC Bar Association, moderated the discussion for the thirty-plus who The Hon. Jane Triche Milazzo, attended. The location of the event was strategic in that it was Rachael Catalanotto (moderator), and the Hon. William Knight presenting the State versus convenient for the entire Northshore parishes of St. Tammany, Federal Rules of Civil Procedure CLE. Washington and Tangipahoa. We hope to build upon this concept of outreach to the thirteen parishes in the future. THE ADVOCATE 5 four -589-

http://nofba.org, email 4, 2019, will provide

including the U.S. Court of Appeals for Appeals of Court U.S. the including It is in his honor that we present this seminar seminar this we present that honor his in is It

Bachelor of Science in Finance at Boston at Finance in of Science Bachelor of the Law Review and was a member College M. University Paul State the Louisiana at Center. Hebert Law in 2010, Wicker and Capitelli Prior to joining and commercial complex Brian practiced law New Orleans two at litigation maritime firms and spent several successful years with the U.S. Attorney’s Office in federal a While prosecutor. federal as a New Orleans types Brian prosecuted all different prosecutor, ranging from environmental of federal crimes

Registration Details Earn 4 hours of CLE credit Earn 4 hours of U.S. District Court, 500 Poydras Street U.S. District Court, 9 1:00 p.m. to 5:15 p.m. December 4, 201 includes membership in the Federal Bar Association, an organization includes membership in the Federal Malcolm Monroe Federal Practice Seminar CLE & Admission to the Federal Courts in Louisiana to the Federal Courts in Louisiana CLE & Admission . Professionalism , Law Practice Management including Ethics, Annual Holiday Cocktail Party in the Great Federal Bar Association will host the , Louisiana in courts federal all sworninto

Attendance at the Malcolm W. Monroe Seminar on December Attendance at the Malcolm W. Monroe professionalism, and law practice hours of CLE, including one hour each of ethics, management. will culminate with a ceremony at which attendees can As an added bonus, the seminar be the Fifth Circuit. Lawyers Division of the New Orleans Chapter of Following the ceremony, the Younger the Hall of the U.S. Fifth Circuit Court of Appeals. • • •

each year. attorneys in Louisiana are required to take 12.5 hours of CLE credits by to take 12.5 hours of CLE Newly admitted attorneys in Louisiana are required (8) of them must be in Law Practice December 31, 2020. Of these 12.5 credits, eight Ethics. Management, Professionalism and receive the registration packet, go to For detailed information and to @nofba.org, or call the New Orleans Chapter of the Federal Bar Association at 504 [email protected], or call the New Orleans 7990. Registration dedicated to improving the quality of practice in federal courts and facilitating interaction and dedicated to improving the quality of practice in federal courts communications between the bar and the judiciary. Malcolm W. Monroe was president of both the national Federal Bar Association and the New and the Orleans Bar Association Federal national the both of Malcolm W. Monroe was president community. New legal the Orleans in and a leader Chapter Attendees wishing to earn CLE only - Registration in advance or on the day of the program will be accepted.

Attendees wishing to earn CLE and be admitted to the Federal Courts in Louisiana - Middle Districts of Louisiana as For those who want to be admitted to the Eastern, Western, and well as the U.S. Fifth Circuit Court of Appeals, the deadline to submit registration materials is November 8, 2019.

After Jesuit High School, Brian completed his completed School, Brian After Jesuit High wanted to be a lawyer like his dad. wanted to be a lawyer and had his eyes opened—from that day, he says, he day, opened—from that and had his eyes really discussed cases at home.” But as a twelve- But as cases at home.” discussed really year-old, Brian attended one of his father’s trials household where his attorney father, Ralph, “never Ralph, father, his attorney where household Brian is a New Orleans native. Brian grew up in a Orleans native. Brian grew up Brian is a New New Orleans. received received the 2019 for Award President’s his service of law and the City of the practice to the chapter, Brian Capitelli, a partner at Capitelli & Wicker, Wicker, & Capitelli a partner at Capitelli, Brian Association’s Association’s Annual Meeting August 22, 2019 At the New Orleans Chapter of the Federal Bar Federal of the Chapter New Orleans At the TITLE VII CLE On July 23, 2019, the New Orleans Federal Bar Association hosted the Title VII: Getting to Know You CLE. This program examined how to bring Title VII and related claims in federal court and encouraged practitioners to represent Title VII clients on a pro bono basis. The panel, comprised of Magistrate Judge Janis van Meerveld, Julie Richard-Spencer (Robein, Urann, Spencer, Picard & Cangemi), William H. Payne, IV (Ogletree Deakins), and Alexandra Navarre-Davis (U.S. Equal Employment Opportunity Commission), offered unique perspectives from the judiciary, plaintiff, defense, and EEOC on how to navigate the process in litigating Title VII and related claims. The panel examined the ins and outs of Title VII, discussed client background and expectations, navigated the role of the EEOC, identified employer issues, explained the recoverable damages and settlement process, and provided useful tips for the discovery process. The event was well-attended and received positive ratings and feedback. The panel impressed participants with their knowledge, thoroughness, cohesiveness, and real-life examples. The Pro Bono Committee encourages other practitioners to consider representing Title VII claimants and offers additional resources to assist in litigating these claims. For additional information about the Eastern District of Louisiana’s Civil Pro Bono Program, please contact Erin Arnold at [email protected] or 504-589-7812. Julie Richard-Spencer (Robein, Urann, Spencer, Picard & Cangemi), USDC-EDLA Magistrate Judge Janis van Meerveld, Alexandra Navarre-Davis (U.S. Equal Employment Opportunity Commission) and William H. Payne, IV (Ogletree Deakins) presenting the Title VII: Getting to Know You CLE.

COCKTAILS WITH THE COURT

On July 25, 2019, the Younger Lawyers Division closed out their summer activities with “Cocktails with the Court.” Judges, law clerks, lawyers, and their summer interns beat the heat with cool drinks at the Ace Hotel Lobby Bar on Carondelet Street, and everyone had a great time! We look forward to seeing our members at the next Cocktails with the Court, location TBD (and suggestions always welcome).

The Hon. , Hon. Karen Wells Roby, Hon. Barry Ashe, Peggy Barbier and Hon. Nannette Jolivette Brown (front row) with the Hon. Janis van Meerveld, Hon. Michael North and Hon. Meredith Grabill (back row) at the July Cocktails with the Court. THE ADVOCATE 7 and cont’d on page 8 Gideon v. Wainright Gideon v. JUSTICE CAMP

, and then discussed the importance of civic engagement for young members of society. of society. for young members engagement of civic , and then discussed the importance

Justice Camp students and volunteers outside of the United States District Court-Eastern District of Louisiana. Justice Camp students and volunteers outside of the United States District when and how speech can and cannot be restricted by the government. when and how speech can and cannot The day ended with a presentation about the First Amendment, where Judge van Meerveld, Oliver Meerveld, Judge van where Amendment, First the about presentation day ended with a The understand students the helping by trial mock day’s final the for stage the set Sternberg Scott and Hadley, changing people’s perspective of jury duty, and addressing implicit bias and its impact on jury selection. jury on impact its and bias implicit addressing and duty, jury of perspective people’s changing on understanding opening and closing statements and direct- and cross- examinations. Next, William William statements and direct- and cross- on understanding opening and closing Next, examinations. the diversity of jury panels, about increasing gave a presentation Snowden from the Juror Project students split into smaller groups, where they worked with lawyers and law school student volunteers where they worked with lawyers and law school student volunteers students split into smaller groups, proceedings, the camps observed criminal matters in courtroom. Afterwards, Judge the Sarah Vance’s The second day started with students learning about the anatomy of a trial from Judges Carl Barbier and Barbier Carl from Judges of a trial the anatomy about with students learning second day started The and civil Following lessons about the criminal Warshauer. Held, and Irving Michael Roby, Wells Karen process to the students by tracing the steps of several landmark cases, such as landmark several the steps of process to the students by tracing Johnson v. Texas students sat in the benches of the en banc courtroom, Judge Stephen Higginson explained the appellate Higginson explained Judge Stephen en banc courtroom, students sat in the benches of the presentations, and listened to the speaker’s stories about life on the job. Afterwards, the students walked students the Afterwards, job. the on life about stories speaker’s the to listened and presentations, As the Courthouse led by Brent Hightower. Wisdom John Minor across the street for a tour of the where the campers brainstormed to define legal terms, eagerly volunteered to participate in the speakers’ speakers’ the in participate to volunteered eagerly terms, legal define to brainstormed campers the where lectures from Office,the Attorney’s U.S. Service,U.S. Marshal’s and Federal Bureau of Investigation, Afterwards, Dean Landrieu of Loyola Law School discussed legal career opportunities with students and students with opportunities career discussed legal School Law Loyola of Landrieu Afterwards, Dean of to a series the students listened At lunchtime, law. in for a career preparation on academic gave advice van Meerveld gave the program overview and Rebecca Coman led a tour of the federal courthouse. Coman led a tour of the federal the program overview and Rebecca gave van Meerveld Chief Judge Nannette Jolivette Brown opened the program by welcoming the campers, then Judge Janis campers, the Brown opened the program by welcoming Jolivette Chief Judge Nannette courtroom, the students began their first day at camp. began their first day at camp. courtroom, the students twelve different schools in the Eastern District of Louisiana enrolled in the camp, and these young young these and camp, in the enrolled of Louisiana District Eastern in the schools different twelve scholars arrived at the courthouse each day ready to Vitter’s learn. Sitting at the tables in Wendy Judge law and the Constitution, Twenty-threeand students participating from in a mock trial on the final day. representatives within the court system, exercising their analytical skills to answer questions about the about answer questions to skills analytical their exercising system, court the within representatives and sophomores in high school for college, career, and civic engagement. During the three-day During the engagement. and civic career, school for college, in high and sophomores from different hearing court proceedings, by observing system legal about the students learned camp, academic program designed to impart civics education and advocacy skills that prepare local freshmen that prepare local skills and advocacy education civics to impart program designed academic The New Orleans Chapter of the Federal Bar Association hosted its second year of Justice Camp, an Camp, Justice of year second its hosted Association Bar Federal of the Chapter Orleans New The JUSTICE CAMP (cont'd) On the morning of the third and final day, the students began drafting their opening and closing statements and questions, crafting their delivery, and analyzing the narrative of case in order to anticipate objections from opposing counsel for the mock trial with the help of volunteer lawyers and students. The issue of the case was whether the public school’s uniform policy violated the students’ free speech and whether it was within the school’s right to punish students for violating the policy. Volunteer lawyers, Raley Alford, Larry Centola, Kelly Rabalais, Rachel Naquin and Brittany Wolf, acted as witnesses or co-counsels during the mock trial. The students stood before the bench, questioned cooperative and uncooperative witnesses, recovered from objections, and advocated for their clients. The New Orleans Chapter of the Federal Bar Association would like to thank everyone involved, particularly the college and law school students who volunteered. Special thanks to Judge Karen Wells Roby, Judge Janis van Meerveld, Diana Mercer, Rachel Naquin, and Scott Sternberg for their work planning and executing the second year of this program.

Brittany Wolf serves as witness while Justice Camp co-chairs the Hon. Janis van Meerveld and the Hon. Karen Wells Roby judge the mock trial.

Justice Camp students enjoy a tour of the USDC_EDLA and the Hale Boggs Federal Building. Students work together in small groups during Justice Camp.

Annual Holiday Party Sponsored by the Younger Lawyers Division of the Federal Bar Association Wednesday, December 4, 2019 5:30 p.m. – 7:30 p.m. Great Hall U.S. Fifth Circuit Court of Appeals 600 Camp Street, New Orleans, LA It will be an enjoyable evening bringing together members of the bench and bar. RSVP http://nofba.org • [email protected] or (504) 589-7990 THE ADVOCATE 9 followed by a post-show party on the opera Carmen BY: ALYSSON MILLS ALYSSON BY: YLD CHAIR'S MESSAGE CHAIR'S YLD Art of the City: Postmodern to Post-Katrina, presented by The Helis Helis The by presented Post-Katrina, Postmodern to City: the of Art sizes and specialties, government offices including the Office Attorney’s U.S. and the Federal Defender’s Office, judicial staffs, organizations. are We pleased to welcome five newand non-profit members to our board— aid legal Self. Luke Rhoads, and Celia Curtin, Brendan Bryant, Camille Ashley Barriere, working together again this our members, we look forward to On behalf of all YLD offers. the quality programming the year to bring you Speaking of quality programming, on September 19, 2019, the YLD’s This year’s YLD board is as diverse as ever, with members from law firms of all of firms law from members with ever, as diverse as is board YLD year’s This

led by Jan Gilbert, the exhibit’s curator and a New Orleans interdisciplinary artist and

taking advantage of them this year. most impressive younger lawyers in the city and make a lot happen! Our programs offer meaningful offer Our programs happen! lot a make and city the in lawyers younger impressive most opportunities for personal enrichment and professional development—and we hope you’ll join us in The YLD does so many good things I’m sure I’ve left something out. Our members are among the landmark U.S. Supreme Court cases as part of its Landmark Cases Project at International High School. landmark U.S. Cases Project at International Supreme Court cases as part of its Landmark mock interviews. The philanthropy committee continues to teach local high school students about local continues to teach committee philanthropy The interviews. mock committee continues to mentor law students at Tulane and Loyola Law Schools, including by offering by offering Law Schools, including and Loyola Tulane law students at to mentor continues committee Finally, the YLD is proud to offer again this year meaningful programs that give back. The law school give back. programs that year meaningful this again to offer YLD is proud the Finally, They also bring you the FBA website’s “Member Spotlight.”) website’s They also bring you the FBA December 4, 2019); as well as several socials including Cocktails with the Court and membership coffee Cocktails with the Court and membership coffee socials including December 4, 2019); as well as several (P.S. committee. communication YLD’s the from activities other and these on updates for Look breaks. 2019); the Malcolm Monroe Federal Practice Seminar for new admittees and annual Holiday Party (on and annual for new admittees Seminar Monroe Federal Practice 2019); the Malcolm CLE (on October 2, 2019) and Annual Federal Defender & CJA Panel Training CLE (on October 24, (on October CLE Training Panel & CJA Defender Annual Federal 2, 2019) and (on October CLE Lunches with the Court (with Judge on October 16, 2019 and Judge Sarah Vance on Vance 16, 2019 and Judge Sarah on October Vitter Wendy (with Judge Court with the Lunches Practice Commercial into Pro Bono Incorporating upcoming the including CLEs 2019); 21, November In addition to these enriching, extra-legal programs, the YLD will sponsor again this year its popular YLD will sponsor again programs, the extra-legal to these enriching, In addition with the encouragement and support of Judge Janis van Meerveld. with the encouragement and support stage. Special thanks to membership committee chair Rebecca Cooper who planned this special event this special Cooper who planned chair Rebecca committee stage. Special thanks to membership at the New Orleans Opera for a viewing of Bizet’s Bizet’s of viewing a for Opera Orleans New the at As of this writing, the YLD is looking forward to another special evening on October 4, 2019, this time YLD is looking forward to another special evening on October As of this writing, the and Brendan Curtin for coordinating and to Bill and Malinda Blevins for their assistance. and Brendan Curtin for coordinating Foundation Amond Kristen members and Cooper Rebecca chair committee membership to thanks Special educator. a private after-hours tour of the of tour after-hours private a membership committee hosted a special evening at the Historic New Orleans Collection that featured that Historic New Orleans Collection the at evening a special hosted committee membership Annual Federal Defender & CJA Panel Training Program

Join the New Orleans Chapter of the Federal Bar Association and the Office of the Federal Public Defender on Thursday, October 24, 2019 for 7 hours of continuing legal education on professionalism, ethics, and recent developments in federal criminal law. Speakers will explore recent developments in the law with an eye on defending clients in federal criminal cases. Deep discounts for Government/CJA Panel Attorneys. Free for FBA members, including those who join the FBA when registering, and the Federal Public Defender's Office. Includes 1 hour each of ethics and professionalism.

Date & Time: October 24, 2019 CLE Credit: 7 Hours of CLE including 8:30 am – 5 pm 1 Hour of Ethics and Professionalism Location: Jones Walker, 201 St. Charles All cancellations must be received in writing Avenue, 52nd Floor Conference Center no later than two days prior to the program. No refunds after October 22, 2019. Register online, http:// nofba.org, or complete the form below.

Annual Federal Defender & CJA Panel Training Program October 24, 2019

Name: ______

Firm/Organization: ______

Telephone:______Email: ______

Please select one:

 Government & CJA Panel Attorneys $60  Federal Public Defender Employee $60 FREE  FBA Members $75 FREE  Law Students $20  Non-Members $125 Total $ ______

Join the New Orleans Chapter of the FBA to receive this program and all CLEs through September 30, 2020 for free. Membership information may be found at http://nofba.org/join-the-fba/.

Please remit payment to: Federal Bar Association, New Orleans Chapter, 500 Poydras Street, Room B- 245, New Orleans, LA 70130. Cancellations must be received in writing two days prior to the program to be eligible for a refund. No shows will be charged. For information, please contact Amanda Kaiser, Executive Director, Federal Bar Association, New Orleans Chapter, 500 Poydras Street, Room B-245, New Orleans, LA 70130 at (504) 589-7990. THE ADVOCATE 11 Coast Guard Coast Guard th Art of the City: Postmodern to Post-Katrina, Collection of the tour at the Historic New Orleans presented by The Helis Foundation. presented . Paul Bernard, Recreational Boating Boating Recreational Bernard, . Paul FBA members enjoyed an after-hours enjoyed an after-hours members FBA Investigation Authority, the Coast Guard’s drugs and alcohol process, investigative FOIA and the in interest, parties testing, to as including an explanation request process, We log on those requests. is a back why there Commander Powell, and Bernard, thank Mr. they put and effort Schwartz for the time Mr. informative this presenting and planning into the also thank We program. and interesting in this one- who many attendees participated hour CLE, which was free for members. ADMIRALTYCLE USCG Investigations of Boating featuring Commander Takila Powell (Marine Takila featuring Commander U. S. Coast Guard Investigations of Boating Collisions Boating of Investigations Guard U. S. Coast EVENINGS WITH THE FBA AT THE HISTORICEVENINGS WITH THE FBA AT NEW ORLEANS COLLECTION

Bill Schwartz moderated Collisions CLE Safety Program Manager) of the Eighth Coast Guard District. Safety Program Manager) of the Eighth

Building. The FBA encourages you to join us at the next Evening with the FBA event. encourages you to join us at the next Evening with the FBA The FBA Building. attended the event thoroughly enjoyed the exhibit in the newly renovated, historic Seignouret-Brulatour attended the event thoroughly enjoyed the exhibit in the newly renovated, Jan Gilbert and THNOC’s Malinda Blevins. The exhibit, which runs who All at of New Orleans. complexities the to reacting artists local of perspectives diverse the assembles the HNOC until October 6, enjoyed an after-hours tour of “Art of the City: Postmodern to Post-Katrina” by guest curator and artist and curator by guest Post-Katrina” to Postmodern City: of the of “Art tour after-hours an enjoyed continuing the YLD’s tradition of exploring local, non-legal experiences in New Orleans. Attendees The Younger Lawyers Division hosted “Evenings with the FBA” at The Historic New Orleans Collection, Collection, New Orleans Historic The FBA” at the with “Evenings hosted Division Lawyers Younger The COLREGS, and challenges due to the limited occurrence of and training concerning maritime casualties. casualties. maritime concerning training and of occurrence limited the to due challenges COLREGS, and Commander Powell, who has significant investigative experience, discussed the Marine Casualty of the issues faced in the initial response phase, including unavailability of noninterested witnesses, 72 of noninterested unavailability including phase, response initial the in issues faced of the response and then, where indicated by policy, a formal investigation. Mr. Bernard highlighted some highlighted Bernard Mr. investigation. a formal by policy, where indicated and then, response Safety Manager, and Commander Takila Powell, Marine Investigations Supervisor of the 8 Supervisor Marine Investigations Powell, Takila Commander and Safety Manager, – an initial accidents of maritime the two phases presented on moderating, with Bill Schwartz District, discussion on discussion On September 12, 2019, the Admiralty Admiralty Law Committee held On its September final12, CLE 2019, program the of the year: a panel Investigations Supervisor) and Paul Barnard (Recreational Boating Investigations Supervisor) and Paul

Annual Federal Judges’ Reception November 6, 2019, 5:00 pm - 8:00 pm

Windsor Court Hotel Chinoiserie Ballroom 300 Gravier Street, New Orleans, Louisiana

The New Orleans Chapter of the Federal Bar Association requests your presence at its annual tribute honoring the federal judiciary's contribution to our community.

SPONSORSHIP AND REGISTRATION FORM

Individual Tickets

 Individual $ 50  Judicial Law Clerk $ 35

Sponsorships Our firm would like to sponsor the Federal Judges’ Reception at the following level:

 Silver $ 500 Allows three guests to attend  Gold $ 750 Allows five guests to attend  Platinum $ 1,250 Allows ten guests to attend *Sponsorship pledges and payments must be received by November 1, 2019 to be listed on the sponsor board.

Number of Attendees: ______Amount Enclosed: $______Please indicate name of attendees on back of the registration form.

Contact Person: ______Firm Organization: ______Address: ______Phone Number: ______E-mail: ______

PLEASE MAIL COMPLETED FORM AND PAYMENT TO New Orleans Chapter of the Federal Bar Association 500 Poydras Street, Room B-245, New Orleans, LA 70130 REGISTER ONLINE AT http://nofba.org or email [email protected] THE ADVOCATE CLERK’S CORNER U.S. DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA

Eastern District of Louisiana Clerk’s Office Update By: Bill Blevins In conjunction with recent efforts by the Middle District of Louisiana, the 5th Circuit, and our district’s Bankruptcy Court, the Eastern District is gearing up for its conversion to CM/ECF NextGen over the Veterans Day weekend of November 9 to be completed by 8:30 a.m. on Tuesday, November 12. Please take note that while this conversion is taking place, CM/ECF will not be available. The Western District of Louisiana is also planning its conversion to NextGen which will occur on November 4. As has been relayed in prior articles on NextGen, attorneys will benefit from NextGen’s main feature called Central Sign-On. With Central Sign-On, users will: • maintain only one CM/ECF account across all NextGen courts (appellate, district, and bankruptcy), thereby simplifying account and password management, and

• sign-in only once via the PACER Service Center site to access and file in all the NextGen courts where they have permission to e-file.

While our court will continue to be responsible for admitting attorneys and assigning e-filing permissions to users, each user will be identified with the appropriate level of access by the PACER Service Center and the Center will provide support for outside user requests to the court for attorney admissions and e-filing recognition by the Eastern District. To prepare for NextGen, preliminary actions to be accomplished by a filing user now are: • As a user’s PACER account will be his or her login entry point for both PACER and CM/ECF, users must have access to their own individual PACER account or obtain access to one by registering at: https://pacer.psc.uscourts.gov/pscof/registration.jsf

• If a user already has his or her own individual PACER account and it was created prior to August 11, 2014 (also known as Legacy account), the user must upgrade his or her account before he or she can electronically file in our court once we move to NextGen. This link provides access to information under the Learning Aids section on how to upgrade a Legacy PACER account: https://www.pacer.gov/ecfcbt/cso/

• Users must also know their current Eastern District CM/ECF login and password.

∗ If you do not know your log-in, you may request it from the Eastern District’s Attorney Registration group at: [email protected] ∗ If you do not know your password, please use this link: https://ecf.laed.uscourts.gov/cgi-bin/lostPassword.pl

13 ANNUAL MEETING

The New Orleans Chapter held its Annual Meeting and Awards Luncheon on August 22, 2019, at the Intercontinental New Orleans. This year’s program was another great event, with 26 firms reserving tables and attendance exceeding 340 members. Outgoing Chapter President Kathryn Knight welcomed everyone to the meeting, with special recognition to honored guests, including twelve Eastern District of Louisiana district court judges and magistrate judges, former Louisiana Supreme Court Justice Harry Lemmon, and other federal officers and distinguished guests.

Chief Judge — and incoming Chapter President — Nannette Jolivette Brown gave the State of the Court Report, highlighting the status and accomplishments of the Eastern District of Louisiana. Our District has the highest number of civil cases in the country and had approximately Kathryn Knight passes the gavel to the 14,000 new filings as of the fiscal year ending June 30, 2019, constituting Hon. Nannette Jolivette Brown. an 8% increase over the previous year. Criminal filings remained steady, with drug offenses comprising over one third of the new filings. Our Court continues to be known for its expertise in MDL matters, with Judge Fallon winding down Xarelto and Chinese- manufactured drywall cases, Judge Barbier wrapping up the BP litigation, and Judge Milazzo presiding over the Taxotere bellwether trials. Chief Judge Brown acknowledged Judge Vance, who was elected to the Executive Committee of the American Law Institute, was appointed by Chief Justice Roberts to the Judicial Conference Committee on Judicial Conduct and Disability, and chairs the Judicial Panel on Multidistrict Litigation. She also recognized: Judge Zainey, who received the 61st Annual Weiss Award, the Good Apple Award, and became the first inductee into the LSBA Hall of Fame; Judge Feldman, who was awarded the Albert Nelson Marquis Lifetime Achievement Award by the Who’s Who Publications Board; Judge Vance, who was also named the 2019 Trailblazer Award from the Emory Law Institute for Complex Litigation and Mass Claims; Judge Lemelle, who was awarded the Lifetime Achievement Award for his service to Loyola College of Law by the A.P. Tureaud Chapter of the Black Law Students Association; and Magistrate Judge Wilkinson, who received the 2019 Distinguished Alumnus Award from the Alumni Association of Archbishop Shaw High School and a Certificate of Recognition with a Key to the City from the City of Gretna. Chief Judge Brown also noted that she has been appointed to serve on the Judicial Advisory Committee of the ABA Standing Committee on Ethics and Professional Responsibility, was elected to the Executive Committee on the ABA’s National Conference of Federal Trial Judges, and was elected to the Executive Committee of the Federal Judges’ Association.

Steve Griffith, incoming President-Elect, then introduced our Keynote Speaker, Saad Soliman, founding Executive Director of the Peers Mentoring Center and Peace by Piece Inc. Mr. Soliman became the first felon ever hired by a United States Attorney’s Office in 2011 in the District of Delaware. He has proved integral in the advancement of economic development policies relating to the intersection where reentry meets economic development, family reunification, and refining recruitment for the growth of enterprise. Mr. Soliman also served as the Reentry Specialist for the United States Probation Office in the District of Delaware and acted as the first Peer Support Specialist on the core team of the District’s first Federal Reentry Court for the District of Delaware. Mr. Soliman discussed his own experiences and the work he does to address the needs of the reentering population and those who interact with them to enhance society’s overall objective of improving public safety through economic development and wealth creation.

Next, Ms. Knight announced this year’s awards recipients and recognized special landmark members celebrating their 20, 25, 30, 35, and 40-year anniversaries as FBA members. Brian J. Capitelli earned this year’s President’s Award. Brian, a partner at Capitelli & Wicker, co-chaired the Philanthropy Committee of the NOFBA and organized the Civil Discourse and Difficult Decisions Program for sophomores at KIPP Booker T. Washington High School. cont’d on page 15 ANNUAL MEETING (cont'd)

This program was part of a national FBA initiative, and it taught conflict resolution and mock trial skills, which culminated in the students preparing and arguing in front of a federal judge.

The John R. “Jack” Martzell Professionalism Award was presented to Richard C. Stanley, a founding member of the law firm of Stanley, Reuter, Ross, Thornton & Alford, LLC. The Award recognizes an attorney who best exemplifies outstanding professionalism in the practice of law. Rick serves as Chairman of the Louisiana State Bar Association Committee on the Rules of Professional Conduct and was a past Chairman of the Louisiana State Bar Association Committee on the Codes of Lawyer and Judicial Conduct. Rick also served on the Louisiana State Bar Association Ethics 2000 Committee. Rick currently serves as a member of the Louisiana Supreme Court Committee on Class Actions and MDL procedures. He also serves as Chair of the Louisiana State Bar Association’s Appellate Section and as a member of the Louisiana Board of Legal Specialization’s Appellate Practice Advisory Commission.

Ernest L. Jones received the Camille F. Gravel Jr. Public Service Award. Mr. Jones is an iconic part of the civil rights history in New Orleans, with a legendary career spanning 50 years. He began his legal career at the New Orleans Legal Assistance Corporation. Later during his private practice, he represented the Black Organization of Police, the Congress of Racial Equality, the NAACP, and the Louisiana Weekly.

After the Awards presentation, Ms. Knight introduced incoming Chapter President Chief Judge Nannette Jolivette Brown and next year’s proposed Executive Officers and Board. After a voice vote, Ms. Knight congratulated this year’s officers and directors:

New Orleans Chapter Officers

President...... Hon. Nannette Jolivette Brown President-Elect...... Steven F. Griffith, Jr. Treasurer...... Michael J. Ecuyer Recording Secretary...... Donna Phillips Currault Membership Chair...... Brian J. Capitelli Younger Lawyers Division Chair...... Alysson L. Mills Immediate Past President...... Kathryn M. Knight

New Orleans Chapter Board of Directors

W. Raley Alford, III Duane A. Evans Stephen G.A. Myers Erin K. Arnold Kathleen C. Gasparian Kim Ngan Nguyen John T. Balhoff, II Hon. Tamia N. Gordon Hon. Michael North Hon. Carl J. Barbier Hon. Meredith S. Grabill Andrea M. Price Vanessa Beary Alida C. Hainkel Kelly M. Rabalais Sean P. Brady Stephen J. Herman Elizabeth S. Sconzert Cory R. Cahn Claude J. Kelly, III Scott L. Sternberg Colin B. Cambre Hon. Mary Ann Vial Lemmon Diana C. Suprenant Hon. Lyle W. Cayce Carey L. Menasco Hon. Janis van Meerveld Lawrence J. Centola, III Diana Mercer Hon. Wendy B. Vitter José R. Cot Hon. Jane Triche Milazzo Sharonda R. Williams Hon. Dana M. Douglas Hon.

cont’d on page 16 ANNUAL MEETING (cont'd)

New Orleans Chapter Younger Lawyers Division Officers

Chair...... Alysson L. Mills Vice-Chair...... Laura F. Ashley Secretary...... M. Palmer Lambert Treasurer...... K. Paige O’Hale Immediate Past Chair...... Sara A. Johnson

New Orleans Chapter Younger Lawyers Division Board of Directors

Kristen D. Amond Eric A. Foley Celia C. Rhoades Alex S. Aughtry Jonathan S. Forester Emily Gill Schroeter Ashley L.F. Barriere Shirin Hakimzadeh Lucas H. Self Carlos A. Benach Atoyia S. Harris Meghan B. Senter Camille R. Bryant Arthur R. Kraatz Jonathan C. Trunnell Laura C. Cannon Amy L. McIntire Jacob K. Weixler Chloé M. Chetta Sarah Voorhies Myers J. Christopher Zainey, Jr. M. Rebecca Cooper Lacey E. Rochester Micah C. Zeno Brendan A. Curtin

Ms. Knight then thanked the Chapter, her Executive Board, and members of judiciary for their assistance during her term. Chief Judge Brown, in turn, thanked Ms. Knight for all her work and presented her with a vase engraved to commemorate her service as Chapter President. Chief Judge Brown expressed her appreciation to those involved in the Annual Meeting program, her husband, and her fellow judges from the Eastern District and the Fifth Circuit for their support of and participation in the Chapter. Chief Judge Brown announced that to honor the FBA’s Centennial Anniversary, all CLE programs this year will be included as a membership benefit with no additional cost. Chief Judge Brown closed by inviting everyone to continue to work together to empower the next generation of leaders and advocates in our community.

Keynote Speaker Saad Soliman addresses the Annual Meeting and Awards Luncheon attendees. 2019-2020 BOARD OF DIRECTORS OF THE NEW ORLEANS CHAPTER OF THE FEDERAL BAR ASSOCIATION

2019-2020 YOUNGER LAWYERS DIVISION BOARD OF DIRECTORS OF THE NEW ORLEANS CHAPTER OF THE FEDERAL BAR ASSOCIATION THE JOHN R. “JACK” MARTZELL PROFESSIONALISM AWARD The John R. “Jack” Martzell Professionalism The Honorable award recognizes the attorney who best exemplifies Jay C. Zainey professionalism in the practice of law. described the honor as well- This year’s recipient was Richard C. Stanley, a founding deserved: “I had member of Stanley, Reuter, Ross, Thornton & Alford, the good fortune L.L.C. Rick earned his B.A. from Louisiana State of working on University, where he received the University Medal, and numerous cases his J.D. from Harvard Law School, where he was the with Rick when recipient of one of the school’s Irving Oberman Awards, I practiced law, awarded for the best paper by a student of the school and on many on a current legal subject. Following law school, Rick occasions I clerked in the U.S. Court of Appeals for the Fifth Circuit suggested to my Kathryn Knight presents Rick Stanley for the late Judge Albert Tate, Jr. clients that they with the John R. “Jack” Martzell Rick has dedicated countless hours to the law and service seek a second Professionalism Award. of our profession. Since 1985, he has been a member opinion from of the adjunct faculty of Tulane Law School, and has him. Rick was taught Criminal Process and Practice, Trial Advocacy, always right on Legal Ethics, and a Professional Responsibility Seminar. the mark, and not only did he give wise ethical advice, Rick serves as Chairman of the Louisiana State Bar he showed a great deal of care, compassion, and concern Association (“LSBA”) Committee on the Rules of for each of his clients. Rick is the epitome of what is Professional Conduct. He also was a past Chairman good about our profession and I can think of no one of the LSBA Committee on the Codes of Lawyer and more qualified and deserving than Rick to receive the Judicial Conduct. Rick served on the LSBA Ethics 2000 Jack Martzell Professionalism Award.” The Honorable Committee. He serves as a member of the Louisiana Lance M. Africk added, “Defining ‘professionalism’ is Supreme Court Committee on Class Actions and MDL not as simple of a task as one may initially think it to be. procedures, Chair of the LSBA’s Appellate Section, and a Responding to a request for a definition by pointing to member of the Louisiana Board of Legal Specialization’s Rick Stanley would, without question, be an appropriate Appellate Practice Advisory Commission. response. In addition to having a superior intellect, Rick has always conducted himself in a courteous, respectful, When asked for his perspective on Rick earning the Jack and civil manner, never impugning the integrity of Martzell Professionalism Award, Raley Alford, one of opposing counsel. Rick Stanley is the consummate Rick’s law partners and past Chapter President, offered professional who has earned the great respect of the bar the following: “Rick represents all that is good and noble as well as our judiciary.” with our profession. He is a litigator of exceptional skill, and has used his many talents in a way that has earned When asked to recall those influential to his the respect of clients, colleagues, opponents, and judges professionalism throughout his career, Rick identified the alike. Rick also is a natural teacher who is equally late Judge Tate. Rick specifically recalled the following well-versed in the theoretical and practical aspects of advice he received from Judge Tate, “[t]the prime practicing law, and his unique perspective draws lawyers imperative of all attorneys should be for truthfulness in throughout Louisiana to seek his counsel. Rick has the pursuit of justice.” always shown by example how lawyers can engender Rick also praised his past and current law partners, respect for the rule of law, and is uncommonly generous particularly Phillip Whitman. Rick recalled Whitman’s with his time when called upon by the bar or the courts ability to always deal with his adversaries with good to lead committees or seminars that address ethics and humor and professionalism. professionalism in the practice of law. I consider it a privilege to have been mentored by Rick, and he is well- Finally, Rick is especially grateful for his wife Pattie and deserving of this prestigious award.” their four children who have been incredibly supportive of his accolade worthy career. CAMILLE F. GRAVEL, JR. PUBLIC SERVICE AWARD THE ADVOCATE

This Camille F. Gravel, Jr. Public Service Award recognizes an attorney who has done substantial public service legal work in keeping with the spirit and values exemplified by Mr. Gravel. Ernest Jones is an iconic part of the civil rights history of New Orleans, and the 2019 recipient of the Camille F. Gravel, Jr. Public Service Award. This year will mark 50 years in the storied career of Ernest Jones, a preeminent civil rights attorney in Louisiana. During his time at Howard University School of Law, he served as a library assistant in the Library of Congress, Howard University Law Journal Book Review Editor, and earned the Bancroft-Whitney Award for Excellence in Kathryn Knight presents Ernest Jones with the Corporate Law. Since his graduation from Howard Camille F. Gravel Jr. Public Service Award. University School of Law in 1969, Mr. Jones has devoted his energy and expertise to social justice issues, through both his career and his personal while discussing Mr. Jones selection for the endeavors. Camille F. Gravel, Jr. Public Service Award. Throughout his career, Mr. Jones often has chosen In addition to his professional accomplishments, the side of right over might. He began his career Mr. Jones has exhibited an unwavering as a Reginald Heber Smith Fellow, at the New commitment to serving his community and Orleans Legal Assistance Corporation, where he molding the next generation of young lawyers. successfully defended a number of individuals and Following a judicial resignation in the fall of 2006, organizations critical in the civil rights movement. he was appointed by the Louisiana Supreme Court About his work at this time Robert Glass, his co- to serve as Judge, Pro Tempre of Division A of the counsel in one of his most high-profile cases, said, Civil District Court for the Parish of Orleans. He “This was Ernest’s first jury trial but you wouldn’t has also generously shared with young lawyers have known it watching him. His examinations the experience and wisdom gathered through his and arguments were masterful.” half-century career, serving as both a trial practice instructor at Tulane Law School and a visiting Mr. Jones later developed his own criminal professor at the Loyola Law Clinic. Mr. Jones practice as a founding partner at the law firm has also been an officer or director in a number of Cotton, Jones & Dennis. In 1978, Mr. Jones local, state and national organizations. became in-house counsel for the construction of the Louisiana Offshore Oil Port, but he ultimately Today, Mr. Jones maintains a limited practice returned to private practice in 1985, teaming while also spending time with his family—his up with Lolis Edward Elie and founding Elie, wife Edith Gee Jones, his son Everett (Hanaiya), Jones & Associates. During his career in private and his two grandchildren. In his free time, practice, Mr. Jones’s organizational clients have Mr. Jones selflessly volunteers his time as Board included the Black Organization of Police, the Chair for the Southern Initiative of the Algebra Congress of Racial Equality, the NAACP, and the Project, and on the Board of the Louisiana Civil Louisiana Weekly. Rights Museum. “Ernest Lee Jones is the ultimate lawyer’s lawyer-a teacher and a role model. An example of what civility in the profession means. Not too bad as a campaign manager too,” remarked the Honorable Ernestine S. Gray (Orleans Parish Juvenile Court)

19 BRIAN CAPITELLI RECEIVES PRESIDENT'S AWARD At the New Orleans Chapter of the Federal Bar Association’s Annual Meeting August 22, 2019 Brian Capitelli, a partner at Capitelli & Wicker, received the 2019 President’s Award for his service to the chapter, the practice of law and the City of New Orleans. Brian is a New Orleans native and grew up in a household where his attorney father, Ralph, “never really discussed cases at home.” But as a twelve-year-old, Brian attended one of his father’s trials and had his eyes opened—from that day, he says, he wanted to be a lawyer like his dad.

Brian completed his Bachelor of Science in Finance at Kathryn Knight presents Brian Capitelli Boston College and was a member of the Law Review with the President’s Award. at the Louisiana State University Paul M. Hebert Law Center. Civil Discourse and Difficult Decisions Program for Prior to joining Capitelli and Wicker in 2010, Brian sophomores at KIPP Booker T. Washington School. practiced complex commercial and maritime litigation at That program was incredibly successful, which fellow two New Orleans law firms and spent several successful Philanthropy Committee member Michael Ecuyer years with the U.S. Attorney’s Office in New Orleans as attributes to Brian’s patience and persistence. a federal prosecutor. While a federal prosecutor, Brian prosecuted all different types of federal crimes ranging “His steady hand during the process led to a successful from environmental violations to public corruption and outcome for the students involved and, at least for bank fraud. He received numerous awards and accolades, myself, personal satisfaction as an attorney volunteer,” including recognition from FBI Director Robert S. Ecuyer said. Mueller, III on successful prosecution of former New The program was part of a national community outreach Orleans City Councilman Oliver Thomas. project initiative by the National Federal Bar Association. “Being an AUSA allowed me the opportunity to not only After some initial discussions and problem solving get into the Courtroom on a regular basis but also analyze on conflict resolution, the students were counseled a case from inception of the investigation,” he said. by attorney volunteers for a mock hearing. Several of the students fielded questions from Magistrate Judge Brian’s practice is focused on white collar criminal Roby, and others participated as jurors based upon the defense, professional liability claims and select civil arguments presented by their classmates. matters. His practice includes investigations and claims in both state and federal court, where he represents Commenting on Brian’s award, Chapter President individuals and businesses. Kathryn Knight remarked, “Brian’s outstanding work with this year’s Outreach Program and its profound effect “When the Government investigates an individual on the Booker T. Washington students who participated or entity, it has the ability to bring almost limitless in the program is exemplified by the response of the resources and effort,” he said. “The measure of success students themselves: they asked their teachers to is not the same in every investigation, but the cases in implement a similar program into their school civics which I have successfully convinced the Government to curriculum.” not bring charges are the most rewarding.” After receipt of his President’s Award, Brian reflected on Brian has lectured on developments in Criminal Law and his membership in the Chapter. White Collar matters. He also has taught trial skills class at the School of Law and LSU. “I consider it a privilege to be a part of the New Orleans Chapter of the FBA,” he said. “Our members set the A member of the New Orleans Chapter of the FBA since standard for professionalism and excellence in the New 2001 and Board member since 2009, this year Brian co- chaired the Philanthropy Committee and organized the cont’d on page 21 BRIAN CAPITELLI RECEIVES PRESIDENT'S AWARD (CONT'D) Orleans legal community and our Chapter provides Louisiana. He has served on numerous other community unique opportunities and programs to use our skills as and non-profit boards and values volunteering and giving litigators to give back to the community.” back to his community. Brian has been married to his wife Jennifer for 16 years and they have three children- In his community, Brian mentors students at the Good Lena (10), Coco (7), and Michael Paul (5). Shepard School and is a current member of the Sugar Bowl Committee and Chairman of the Board of Lighthouse

CIVIL PRO BONO COUNSEL PANEL Special thanks to the following for serving on the New Orleans Chapter of the Federal Bar Association’s Civil Pro Bono Counsel Panel, and their invaluable support of the Federal District Court’s Civil Pro Bono Program this past year. Fishman Haygood L.L.P. Tulane Law School Civil Rights and Kristen Amond • Rebekka Veith Federal Practice Clinic

Shlosman Law Firm Willis & Buckley, APC Thomas Shlosman Jennifer Martinez

Staines & Eppling Julie Kammer • Tony Staines NEW MEMBERS The Federal Bar Association welcomes its new members:

Dr. Olugbenga Rotimi Akanji Mr. Maximilian Thomas Hass Ms. Olivia W. Philipp Volunteer of America Action Potential Entertainment, LLC Tulane Law School SELA Residential Reentry Center Ms. Nowal J. Jamhour Ms. Celia Rhoads Ms. Monica Bergeron Kahn, Swick, & Foti, LLC Federal Public Defender – EDLA Louisiana State University Law Ms. Heather G. Lambert Mr. Joseph Paul Rumage, Jr. Mr. Lance C. Bullock Loyola University New Orleans Law Office of Paul Rumage Jr. Liskow & Lewis College of Law Mr. Lucas Hodgkins Self Ms. Emma Byrd Mr. Ryan M. McCabe Jones Walker LLP George Washington Law School Steeg Law Firm LLC Ms. Josie N. Serigne Mr. Cory R. Cahn Mr. Walker McInturff Sher Garner Cahill Richter Klein Entergy Tulane Law School & Hilbert LLC

Ms. Cate Creed Ms. Dara R. Mouhot Ms. Christine Marie White Loyola University New Orleans Tulane Law School Baker Donelson College of Law Ms. Jo Neuman Ms. Sharonda R. Williams Mr. David J. Dye USDC-EDLA Fishman Haygood David Jefferson Dye LLC Mr. Westen Newman Mr. Patrick Bolling Fisse University of Wisconsin Law School Daigle Fisse & Kessenich If you would like to become a member of the FBA, or know someone who would like to become a member, please call Brian Capitelli, Membership Chair, at (504) 582-2425, or Amanda Kaiser, Executive Director, at (504) 589-7990 for more information.

All CLEs for New Orleans FBA members are FREE from October 2019 through September 2020 in celebration of the Federal Bar Association’s 100th birthday on January 5, 2020! We are delighted to offer this incredible gift in appreciation of our members. Not a member? Join now. The National FBA is currently offering a 20% discount on membership dues for new members with code FBASAVE20.

TRIALS AND TRIBULATIONS Trials and Tribulations is your quarterly summary of matters recently tried in the United States District Court for the Eastern District of Louisiana. Organized by topic, the summaries below are compiled by the Editorial Board from Verdict Reporting Forms provided by the Court.

Civil; Personal Injury enjoyment of life, past medical The two plaintiffs were executives expenses, lost wages, and loss of of Smitty’s Supply, Inc. (“Smitty’s”), Echeverry v. Padgett, et al. college tuition. who claimed entitlement to deferred An incident occurred in February compensation after one plaintiff was Harrah’s denied any negligence on its 2017 at the intersection of S. terminated and the other plaintiff part, arguing instead that Plaintiff’s Peters Street and Poydras Street in resigned for good cause. The own negligence, and AWR and downtown New Orleans. Defendant resigning plaintiff also claimed he its employees’ negligence, caused Jazz Casino Company, d/b/a Harrah’s was owed severance pay. Plaintiff’s injuries. New Orleans Casino (“Harrah’s”) Smitty’s defended by alleging that hired an independent contractor, After deliberating for approximately although an executive compensation Alabama Wildlife Removal, LLC two and a half hours, the jury returned plan was discussed, it was never (“AWR”), to remove birds from palm a verdict in favor of Plaintiff, finding implemented, and moreover, that even trees outside of the casino. The job Harrah’s forty-nine percent negligent if the plan had been implemented, it required the use of a manlift. and AWR fifty-one percent negligent. would have been contingent on the The total award amount was As the manlift moved from one plaintiffs’ performance and behavior $1,262,000. group of palm trees to another, it – a standard Smitty’s claimed the struck and knocked over Plaintiff, Docket No. 17-6494, L (E. Fallon) plaintiffs did not meet. Similarly, who was waiting to cross Poydras (Jury trial held 8/5/19 – 8/8/19) Smitty’s argued no severance Street. Plaintiff sustained injuries was owed due to plaintiff’s poor to her lower right leg and ankle. performance. She then filed suit against Harrah’s, Breach of Contract After a five-day trial, the jury found AWR, AWR’s owner, and the manlift Lindsay Morgan Hegna v. Smitty’s no breach of contract by Smitty’s. operator, seeking damages for pain, Supply Inc.; Stephen D. Kelley v. suffering, mental anguish, disability, Smitty’s, Supply, Inc. scarring, disfigurement, loss of cont’d on page 23 TRIALS AND TRIBULATIONS (cont'd) With respect to the severance claim, the jury specifically alleged numerous construction and design defects found that there was a valid severance agreement, but resulting from the job, including an allegation that that the resigning plaintiff was not entitled to it due to his McBride did not pour the amount of concrete for which poor performance. she contracted and paid.Jeanes brought claims against McBride for (1) breach of contract, (2) fraud, and (3) Docket No. 16-13396 c/w 17-7191 c/w 17-4711, S (M. violation of the Louisiana Unfair Trade Practices Act Lemmon) (Jury trial held 8/5/19 – 8/9/19) (“LUTPA”). Jeanes alleged additional claims against the plumbing Criminal subcontractor and the manufacturer of the metal barn, USA v. Chad Scott which settled before trial. Chad Scott, a former DEA special agent, was charged After approximately one and a half hours of deliberation, in Counts 1 and 2 of the Indictment with falsifying the the jury returned a defense verdict on Jeanes’ fraud claim location of the lawful forfeiture of a 2013 Ford F-150. He and concluded Jeanes’ other claims against McBride was also charged, in Counts 3 through 7 of the Indictment, were perempted under Louisiana Revised Statute 9:2772. with perjury and obstruction of justice, arising out of the Docket No. WD16-1259, E (S. Morgan) (Jury trial held narcotics prosecution and trial of Jorge Perralta, which 6/24/19 – 6/27/19) was held before Judge Africk in January 2016. After deliberating for less than two hours, the jury ADA, ADEA, and Defamation returned a guilty verdict on all counts. Janice Williams v. MMO Behavioral Health Systems, Docket No. 17-181, H (J. Milazzo) (Jury trial held LLC 8/19/19 – 8/27/19) Plaintiff Janice Williams was terminated from her position as a chef at a Covington psychiatric hospital Fair Labor Standards Act after she allegedly falsified a timecard entry, took home Daniel Smith, on behalf of himself and other similarly cooking supplies, and baked cookies at work. Williams situated individuals, et al., v. Metro Security Inc. and alleged that Defendant MMO Behavioral Health Systems, Lloyd Jarreau LLC (“MMO”) terminated her employment because of her disability and her age. Williams also alleged that Daniel Smith alleged that his employer Metro Security, MMO’s representatives made defamatory statements Inc. and its principal Lloyd Jarreau failed to pay him about her to the Louisiana Workforce Commission and and other similarly situated individuals overtime others by claiming that Williams falsified her timecard. compensation as required by the Fair Labor Standards Defendant denied liability on the basis that Williams was Act (“FLSA”) and that defendants willfully violated the employed by Greenbrier Hospital, LLC and not MMO. FLSA. Defendants contended that plaintiffs were exempt under the FLSA as executive employees. After approximately three hours of deliberation, the jury returned a verdict in favor of Williams, but only on the After two and half hours of deliberation, the jury returned defamation claim. a verdict for plaintiffs, finding that defendants willfully violated the FLSA. The jury awarded Williams $56,000.00 for past injury to reputation, inconvenience, humiliation, embarrassment, Docket No. 18-953, M (B. Ashe) (Jury and Non-Jury mental anguish, emotional distress, and loss of enjoyment trial held 3/25/19 – 3/26/19) of life; $56,000.00 for future injury to reputation, inconvenience, humiliation, embarrassment, mental Construction – Breach of Contract anguish, emotional distress, and loss of enjoyment of life; $112,000.00 for past loss of income; and nothing Janet Jeanes v. Greg McBride, et al. for future loss of income. Plaintiff Janet Jeanes entered into a contract with Docket No. 16-11650, J (C. Barbier) (Jury trial held Defendant Greg McBride to build a horse barn. Jeanes 8/12/19 – 8/13/19) Federal Bar Association FIRST CLASS MAIL New Orleans Chapter U.S. POSTAGE P A I D c/o Hon. Nannette Jolivette Brown PERMIT NO. 385 Chapter President NEW ORLEANS, LA 500 Poydras St., Room B-245 New Orleans, LA 70130 www.nofba.org Interested in becoming a member of the Federal Bar Association? Contact: Federal Bar Association 1220 North Fillmore St., Suite 444 Arlington, VA 22201 (571) 481-9100 Fax (571) 481-9090 www.fedbar.org or Membership Chair Brian Capitelli c/o Attorney Conference Center 500 Poydras Street, Room B-245 Hale Boggs Federal Building New Orleans, LA 70130 (504) 589-7990 Membership fee includes both national and chapter membership in the FBA. You can apply online at www.fedbar.org.

Editorial Board: Larry Centola, Colin Cambre, Scott Sternberg, Laura Cannon Please contact us at: [email protected]

SAVE THE DATE FOR UPCOMING EVENTS

Lunch with the Court with the Hon. Wendy B. Vitter Ethics and Professionalism CLE October 16, 2019 • Noon - 1 p.m. November 14, 2019 • Noon - 2 p.m. U.S. District Court – EDLA, 500 Poydras Street, C-352 U.S. District Court – EDLA, 500 Poydras Street

Annual Federal Defender & CJA Panel Training CLE Lunch with the Court with the Hon. Sarah S. Vance October 24, 2019 • 8:30 a.m. - 5 p.m. November 21, 2019 • Noon - 1 p.m. Jones Walker, 201 St. Charles Avenue, 52nd Floor U.S. District Court – EDLA, 500 Poydras Street, C-279 Conference Center Malcolm Monroe Federal Practice Seminar CLE 2019 EDLA Federal Bench and Bar Conference & Swearing In October 25, 2019 December 4, 2019 • 1 p.m - 5:15 p.m. Hyatt Regency Hotel, 601 Loyola Avenue U.S. District Court – EDLA 500 Poydras Street, New Orleans Federal District Courts in Louisiana: Differences and Practice Pointers Holiday Party Hosted by Younger Lawyers Division October 29, 2019 • Noon - 1 p.m. December 4, 2019 • 5 p.m - 7:30 p.m. U.S. District Court – EDLA, 500 Poydras Street, C-501 Great Hall, U.S. Court of Appeals for the Fifth Circuit, 600 Camp Street Federal Judges’ Reception November 6, 2019 • 5 p.m. - 8 p.m. Windsor Court Hotel, 333 Gravier Street