Jason Waguespack, Keith Jarrett and Paul Sterbcow Distinguished Maritime Lawyer Award Luncheon

December 2016

A Fresh Perspective On Your Case

DISPUTE RESOLUTION

www.TomFoutzADR.com

16054.FTZ_noba_f_j-4.875x3COLORv02.indd 1 7/11/16 3:49 PM

The 2016-17 Board of Directors

Christopher K. RalstonPresident

Dana M. DouglasPresident-Elect

Steven J. LaneVice-President

Jason P. WaguespackVice-President

James M. WilliamsVice-President

Jan M. HaydenSecretary

Paul M. SterbcowTreasurer

Judy Y. BarrassoPast President

Dawn M. BarriosPresident, Bar Foundation

Aaron B. GreenbaumYoung Lawyers Chair

Terms Ending 2017Camala E. CapodiceMark A. Cunningham

William B. GaudetRobert P. Thibeaux

Terms Ending 2018Rachael D. Johnson

Peter E. SperlingJoseph P. Tynan

Sharonda R. Williams

Terms Ending 2019Lisa M. Africk

Albert J. Derbes, IVJames C. Gulotta, Jr.

Darryl M. Phillips

Helena N. HendersonExecutive Director

Get Involved in one of NOBA’s Committees• Appellate Practice• Bankrupty & Debtor/Creditor

Rights• Business Litigation• Business Transactions• Civil Rights• Class Actions• Complex Litigation• Construction Law• Criminal Law• E-Discovery• Entertainment and Intellectual

Property Law• Environmental Law/Toxic Torts• Family Law• Healthcare Law• Immigration Law• Insurance Law

• Labor & Employment Law• Maritime & International Law• Minorities in the Profession• Oil & Gas Law• Pharmaceuticals/Medical

Devices• Products Liability• Real Property Law• Solo & Small Firms• Study Group on Cuba• Study Group on Panama• Tax Law• Technology• Wellness & Stress Management• Wills/Trusts/Successions• Women in the Profession• Workers’ Compensation Law

Contact Liz Daino at (504) 525-7453 or ldaino@neworleansbar.org

Briefly Speaking Editor: Kelsey Meeks

RENEW YOUR NOBA MEMBERSHIP TODAY!

Three easy ways to renew your NOBA membership: 1. Online. Visit www.neworleansbar.org and renew under the membership tab

2. Mail payment. The dues invoice can be found under the membership tab on the website

3. Call NOBA’s Membership Services Coordinator, Morgan Ellis, at 504-525-7453

PAGE 2 - BRIEFLY SPEAKING

On October 26, 2016, at a celebratory luncheon held at the J.W. Marriott attended by his family, friends and colleagues, this year’s Distinguished Maritime Lawyer Award was bestowed upon R.

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

Keith Jarrett is the former managing partner of Liskow & Lewis, a New Orleans-based law firm with 130+ lawyers in Louisiana and Texas. Keith works in the firm’s maritime section, where he exclusively handles litigation, primarily in the fields of maritime and oilfield torts and contracts. His mentors at Lis-kow were Don Abaunza and Gene Fendler, themselves past recipients of this award.

PAGE 3 - BRIEFLY SPEAKING

R. Keith Jarrett Receives 2016 Distinguished

Maritime Lawyer Award

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

After growing up in a military family, Keith went to college at the U.S. Merchant Marine Academy, where he graduated with highest honors in 1980 with dual degrees (in marine engineering and nautical science), two Coast Guard licenses (as a Third Assistant Engineer and a Third Mate), and a Lieutenant (J.G.) commission in the U.S. Navy Reserve. After sailing on cargo ships for two years, he enrolled in Tulane LawSchool, graduating in 1985, summa cum laude, and a member of the Order of the Coif.

Keith then clerked for the smartest man he has ever known, the Honorable Alvin B. Rubin on the U.S. Fifth Circuit Court of Appeals. Upon completing his clerkship, he went to work at Liskow, where he has practiced for the past 30 years.

Since joining Liskow, Keith has been involved with a wide variety of maritime litigation including vessel collisions, well blowouts, pollution events, vessel construction, and personal injury and wrong-ful death.

His recent representation includes work for BP in

connection with In re: Oil Spill by the Oil Rig Deepwater Horizon, where he helped defend the company in the government’s trial seeking $15 bil-lion in penalties for violations of the Clean Water Act. Other significant litigation includes explo-sions, pipeline accidents, environmental restoration litigation, insurance coverage, and class-action de-fense. Keith has been acknowledged in Chambers USA – America’s Leading Lawyers for Business (Litigation), in The Best Lawyers in America (Admiralty and Maritime Law), and in Louisiana Super Lawyers (Transportation and Maritime). He is a member of the New Orleans, Louisiana State, and American Bar Associations, the Maritime Law Association of the United States, the Southeastern Admiralty Law Institute, the Louisiana Association of Defense Counsel, the Louisiana Bar Foundation, and the Society of Naval Architects and Marine Engineers.

Keith married his law school classmate Holly, whom he credits with his success and happiness, and with whom he has three wonderful children (Kelsey, Zack, and Sarah). Together they love to travel and to spend time at their second home in the mountains of North Carolina.

A family of lawyers: Zack Jarrett, Holly Jarrett, Keith Jarrett and Kelsey Jarrett

PAGE 4 - BRIEFLY SPEAKING

Procrastinators’ Programs sm Wednesday, December 14th, 2016

By Young Lawyers, For Young Lawyers8:30 a.m. - 9:00 a.m. Registration Opens

9:00 a.m. - 10:00 a.m. Ethics: Avoiding Malpractice Mistakes and What Every Young Lawyer Should Know Ashley J. Heilprin, Phelps Dunbar LLP Caitlin R. Byars, Mouledoux, Bland, Legrand & Brackett Michael S. Finkelstein, Didriksen Law Firm Cassie E. Preston, Deutch Kerrigan, LLP Alexandra V. Navarre-Davis, Equal Employment Opportunity Commission 10:10 a.m. - 11:10 a.m. Behind the Scenes with Law Clerks Zachary W. Jarrett, USDC-EDLA (for The Hon. Lance Africk) Sara F. Guruswamy, Civil District Court Monique D. Nolan, Civil District Court (for The Hon. Robin Giarrusso) Micah C. Zeno, 24th JDC (for The Hon. June Darensburg) Arthur Kraatz, Phelps Dunbar LLP

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

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

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

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

3:40 p.m. - 4:40 p.m. Professionalism: Play Nice in the Sandbox, and Other Kindergarten Lessons for Lawyers L. Rylee Area, Porteous, Hainkel & Johnson, LLP Kelly G. Juneau Rookard, Irwin Fritchie Urquhart & Moore, LLC Stephanie G. Gamble, Sessions, Fishman, Nathan & Israel, LLC Joseph I. Giarrusso, III, Liskow & Lewis, APLC Kimberly R. Silas, Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC 4:50 p.m. - 5:50 p.m. Legal Ramifications for Pokemon Go! Eric W. Sella, Mouledoux, Bland, Legrand & Brackett Jeffrey A. Clayman, Phelps Dunbar LLP Kelly E. Brilleaux, Irwin Fritchie Urquhart & Moore, LLC Craig R. Webb, Galloway Johnson Tompkins Burr and Smith

Special thanks to Ashley Heilprin & Kelsey Jarrett, Chairs of “By Young Lawyers, For Young Lawyers” program

(former clerk for The Hon. Bernadette D’Souza)

Masters of the Courtroom sm Thursday, December 15th, 2016

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

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

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

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

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

2:50 p.m. - 3:50 p.m. Motions in Limine, Preparing a Witness for Trial, Preparing for Witness Cross Examination, Opening and Closing Statements The Hon. Kern A. Reese, Civil District Court E. Paige Sensenbrenner, Adams and Reese, LLP PeterM.Mansfield,USAttorney’sOffice 4:00 p.m. - 5:00 p.m. Professionalism Issues Associated with Litigation The Hon. Nannette Jolivette Brown, USDC-EDLA The Hon. Janis Van Meerveld, USDC-EDLA Darryl M. Phillips, Entergy Services, Inc. 5:10 p.m. - 6:10 p.m. Common Ethical Issues Associated with Litigation The Hon. Tiffany G. Chase, Civil District Court Jennifer L. Thornton, Stanley, Reuter, Ross, Thornton & Alford, L.L.C. Eva J. Dossier, Stanley, Reuter, Ross, Thornton & Alford, L.L.C.

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

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

Special thanks to the “Master” of Masters of the CourtroomSM, The Hon. Lance M. Africk

Procrastinators’ Programs sm Tuesday, December 20th, 2016

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

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

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

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

12:20 p.m. - 1:20 p.m. Lunch on Your Own 1:20 p.m. - 2:20 p.m. Issues with Non-Unanimous Juries Marjorie R. Esman, American Civil Liberites Union Angela A. Allen-Bell, Southern University Law Center Emily V. Maw, Innocence Project New Orleans Edward L. Tarpley, Jr., Former District Attorney of Grant Parish

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

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

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

Procrastinators’ Programs sm Wednesday, December 21st, 2016

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

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

10:10 a.m. - 11:10 a.m. Professionalism: How to Recognize, Understand and Respect Racial, Cultural, Gender, Socioeconomic and Generational Differences Attend this seminar to learn how to recognize your own unconscious biases and interrupt those biases so you can reduce miscommunications with colleagues, and serve your clients more effectively. Alicia M. Bendana, Lowe, Stein, Hoffman, Allweiss & Hauver Kimberly R. Silas, Barrasso, Usdin, Kupperman, Freeman & Sarver, LLC Tiffany Delery Davis, Liskow & Lewis, APLC 11:20 a.m. - 12:20 p.m. An Overview of Workers’ Compensation Issues This session will cover claims including exclusive remedy, third party claims, prescription, independent contractors, borrowing employer/special employer, and statutory employer. Christopher S. Mann, Jones Walker LLP

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

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

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

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

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

Procrastinators’ Programs sm Thursday, December 22nd, 2016

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

9:00 a.m. - 10:00 a.m. Ethics: Ten Tips for Risk Management from an Ethical Perspective: A Key to Your Professional Development in the 21st Century This presentation is geared toward ten basic tips for risk management in the legal arena from an ethical perspective, with a focus on assisting practitioners in conducting their practices that comports with the standard of care established by the governing rules and decisional authorities. M. Nan Alessandra, Phelps Dunbar, LLP 10:10 a.m. - 11:10 a.m. Professionalism in Settlement Negotiations This CLE will discuss professionalism in the context of settlement negotiations. This includes their insight and experience in appropriately handling opponents, clients, mediators, and even the court. Hugh P.“Skip” Lambert, The Lambert Firm, PLC Kerry J. Miller, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

11:20 a.m. - 12:20 p.m. Do’s and Don’ts From Your Federal Magistrate Judges Hear practice tips directly from Judges Knowles, North and Van Meerveld on how best to manage your federal cases and what to do (and not do) in their courtrooms. Judge Daniel E. Knowles, United States District Court- EDLA Judge Michael B. North, United States District Court- EDLA Judge Janis Van Meerveld, United States District Court- EDLA 12:20 p.m. - 1:20 p.m. Lunch on Your Own

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

2:30 p.m. - 3:30 p.m. Analyzing the Boilerplate or Miscellaneous Clauses in Contracts This CLE will cover matters such as arbitration clauses, venue, choice of law, severability, attorney’s fees, and many other such clauses. Albert J. Derbes, IV, The Derbes Law Firm, LLC Melanie M. Mulcahy, The Derbes Law Firm, LLC 3:40 p.m. - 4:40 p.m. Vocational Rehabilitation and Solutions to Louisiana’s Disability Problem Larry S. Stokes, Stokes & Associates, Inc.

4:50 p.m. - 5:50 p.m. How The State of LA Delivers Health Care: A Primer On How The ACA & Reform Are Changing The Payer Landscape Andrew V. Tuozzolo, Louisiana Department of Health

Procrastinators’ Programs sm Tuesday, December 27th, 2016

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

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

10:10 a.m. - 11:10 a.m. Professionalism: Do Unto To Others The Hon. Nakisha Ervin Knott, Civil District Court 11:20 a.m. - 12:20 p.m. Expert Advice on the Use of Special Masters in Divorce Cases Steven J. Lane, Herman, Herman, Katz, LLC FrankP.Tranchina,Tranchina&Mansfield,LLC Edith H. Morris, Morris, Lee & Bayle, LLC 12:20 p.m. - 1:20 p.m. Lunch on Your Own

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

2:30 p.m. - 3:30 p.m. How To Master the Record On Appeal Mr. LaCour will give practical pointers on how to master the record on appeal, including how to use Filemaker Pro, issue-tagging, and full-featured searching. Louis C. LaCour, Jr., Adams and Reese, LLP 3:40 p.m. - 4:40 p.m. The Deepwater Horizon Litigation: Civil, Criminal and Administrative What impact did the intense media coverage have on the cases? What ethical issues are implicated when a case is so thoroughly watched, dissected and talked about on television, radio, social media and in print? Was evidence available by the time of the criminal trials that was not at the time the civil cases were being litigated? All these questions will be answered. Shaun G. Clarke, Smyser Kaplan & Veselka, L.L.P. Kerry J. Miller, Baker, Donelson, Bearman, Caldwell & Berkowitz P.C. Paul M. Sterbcow, Lewis, Kullman, Sterbcow & Abramson 4:50 p.m. - 5:50 p.m. Small Firm, Big Team: Collaboration Tools You Should Already Be Using Collaboration tools are critical for solo and small firm lawyers because they offer an opportunity to build teams and ramp up or down. During this session, we will discuss the available solutions that will allow attorneys to reap the benefits of today’s convenient, affordable, and accessible online collaboration tools. Jade A. Brown-Russell, Russell Consulting, LLC

Procrastinators’ Programs sm Wednesday, December 28th, 2016

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

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

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

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

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

1:20 p.m. - 2:20 p.m. Emerging Law Practice Opportunities Related to Disaster Resilience & Recovery Management The session will focus on the growing need among public and private sector entities for legal counsel on strategies and investments to be more resilient from recurring natural disasters and how to recover more effectively when disasters strike. The articular focus will be on evolving regulatory issues and related client risks; along with opportunities for leveraging multiple law firm practice areas to maximize client goals. Jeffrey J. Thomas, Thomas Strategies, LLC 2:30 p.m. - 3:30 p.m. Developments in Louisiana Wetlands and Naturally Occurring Radioactive Material (NORM) Litigation Michele H. DeShazo, Kuchler Polk Schell Weiner & Richeson, LLC

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

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

Procrastinators’ Programs sm Thursday, December 29th, 2016

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

9:00 a.m. - 10:00 a.m. Ethics: Ethical Concerns in Succession Practice Maury A. Herman, Herman, Herman & Katz, LLP 10:10 a.m. - 11:10 a.m. Professionalism: Rules, Civility & Professionalism Leonard A Davis, Herman, Herman & Katz, LLP

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

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

1:20 p.m. - 2:20 p.m. Happy Lawyering: How to Manage Stress and Anxiety Buddy Stockwell, Executive Director at JLAP Leah Rosa, Clinical Director at JLAP 2:30 p.m. - 3:30 p.m. Driving is a Privilege, Not a Right - Administrative Procedure Following an Arrest for Driving While Intoxicated Carolyn Cooper, King and Cooper Law L.L.C. 3:40 p.m. - 4:40 p.m. Intellectual Property Inventory – Its Importance and Consequences of Not Having One Mr. Nehrbass will go through a typical inventory of patents, trademarks, copyrights, domain names, corporate entities, and key employees and contractors, while briefly explaining each type of property. We will discuss how you can help your clients avoid becoming a topic of future talk. A fillable form to share with your clients will be provided. Seth M. Nehrbass, Garvey, Smith, Nehrbass & North, LLC

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

New Orleans Bar AssociationMembership Renewal

Three easy ways to renew your NOBA membership:

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

2. Mail payment. Dues invoices were mailed out in October. The dues invoice can also be found under the membership tab on the website.

3. Call NOBA’s Membership Services Coordinator, Morgan Ellis, at 504-525-7453.

Dana Douglas, 2016-17 President-Elect, Chris Ralston, President 2016-17, and

Judy Barrasso, Past President 2016-17.

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

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

New Orleans Bar Association Membership Pays for Itself! Continuing Legal Education • Over 200 hours of CLE essential to your practice, including select free CLE, such as the judges featured

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

Committees• Advance your practice with 23 substantive law committees and more than 20 bar and public service

committees.• Network with other lawyers and judges who share your interests and passions.

Young Lawyers Section• Get to know other young lawyers at monthly lunch meetings.• Have fun and make a difference at the gourmet law firm cook-off, the New Orleans Bar & Grille, at the

fall Golf Tournament, frequent socials, or volunteer at the community Legal Fair.• Start off your practice with a full day of CLE at the Big Easy Boot Camp, free to new admittees!

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

PAGE 14 - BRIEFLY SPEAKING

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M E M B E R S H I P C L A S S E S Choose Your Category

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throughout the year and special Fleur de Lis Award and recognition throughout the year.

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

Ethics & Professionalism CLE.

ACTIVE: REGULAR MEMBER □ Actively practicing law and admitted more than 6 years $150.00 □ Government, Public Interest Lawyers, Full-time Professor $ 85.00 □ Actively practicing law and admitted less than 6 years $ 85.00 □ Actively practicing law and admitted 50 years or more $ 50.00

OTHER MEMBERSHIP CATEGORIES Non Voting Member

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

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C OM M I T T E E S No Fees for Committee Membership. Committee Membership does not renew annually.

Bar & Public Service Committees □ Criminal Court Pro Bono □ Juvenile Court Pro Bono □ Minorities in the Profession □ New Orleans Pro Bono Project □ Solo & Small Firm Practitioners □ Wellness & Stress Management □ Women in the Profession □ Writers for Briefly Speaking Latin - American - Initiative □ Study Group on Cuba □ Study Group on Mexico □ Study Group on Panama

Young Lawyers Section Committees □ Approach the Bench CLE □ Food & Clothing Drives □ Golf Tournament for Veterans Justice Fellowship □ Law Day Activities □ Legalpalooza Benefit for Veterans Justice Fellowship □ Liberty Bell Award □ Naturalization Ceremonies □ New Admittees’ Reception □ New Orleans Bar & Grille Cooking Competition Benefits Veterans Justice Fellowship □ YLS CLE Programs □ To receive YLS Monthly Newsletter

Substantive Law Committees □ Administrative Law □ Appellate Practice □ Bankruptcy & Debtor/Creditor Rights □ Business Litigation NEW □ Business Transaction Law NEW □ Civil Rights & Civil Liberties □ Class Actions □ Complex Litigation NEW □ Construction Law □ Criminal Law □ Entertainment & Sports Law □ Environmental Law & Toxic Torts □ E-Discovery NEW □ Family Law □ Health Care Law □ Immigration Law □ Insurance Law □ Labor & Employment Law □ Maritime & International Law □ Oil & Gas Law □ Pharmaceuticals & Medical Devices □ Products Liability □ Real Property Law □ Tax Law □ Technology NEW □ Wills/Trusts/Successions □ Workers’ Compensation Law

I understand that by providing the contact information above, I consent to receive correspondence sent by the New Orleans Bar Association.

Signature ____________________________________________________ Date_________________________________________________________

10/05/16

Got Talent? We Want To See It!

NOBA’s Got Talent at the 2017 Bench Bar Conference

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

NOBA’s Got Talent is an opportunity for NOBA’s performers to showcase their special talents at the 2017 Bench Bar Conference in hopes of being able to take the stage in front of our esteemed panel of judges, take home the winning trophy, and of course bragging rights!

To answer the YLS casting call, please send an email to Helena Henderson at hhenderson@neworleansbar.org

The Patterson Resolution Group o�ers dispute resolution services in complex cases to businesses and individuals across Louisiana and the Gulf South. Group members include �ve former presidents of the Louisiana State Bar Association and a retired district court judge. �e members have substantive experience in disputes in areas such as:

Contact Mike Patterson at 866-367-8620. Or visit the group’s website at www.pattersonresolution.com for more information and the article, “Getting Your Client and Yourself Ready for Mediation.”

Corporate and BusinessCommercial Real EstateOil and GasMaritimeConstructionProducts Liability

BankingEmploymentInsuranceHealthcareProfessional LiabilityGovernmental

BATON ROUGE • NEW ORLEANS • LAFAYETTE • SHREVEPORT • MONROE

Ross Foote Phelps Gay Thomas Hayes, III Mike McKay

Pat Ottinger Mike Patterson Marta-Ann Schnabel

of complex disputes

Mediation Arbitration

and

PAGE 18 - BRIEFLY SPEAKING

Patrons of the 2017 Annual Dinner Meeting

Special thanks to the patrons who make this event possible.Platinum Gavel

Adams and Reese, LLP Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Baldwin Haspel Burke & Mayer, LLC Barrasso Usdin Kupperman Freeman & Sarver, LLC

Chaffe McCall, LLP Flanagan Partners, LLP

Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC Galloway, Johnson, Tompkins, Burr and Smith, APLC

Herman, Herman & Katz, LLC Irwin Fritchie Urquhart & Moore LLC

Jones Walker LLP King, Krebs & Jurgens, PLLC

The Lambert Firm, PLC Liskow & Lewis APLC

Lugenbuhl, Wheaton, Peck, Rankin & Hubbard McGlinchey Stafford PLLC Montgomery Barnett, LLP

Phelps Dunbar, LLP Pugh, Accardo, Haas, Radecker & Carey, LLC

Sher Garner Cahill Richter Klein & Hilbert, LLC Simon, Peragine, Smith & Redfearn, LLP

Stone Pigman Walther Wittmann, LLC Wilson Elser Moskowitz Edelman & Dicker, LLP

Golden Gavel

Bienvenu, Foster, Ryan & O’Bannon The Derbes Law Firm, LLC

Lewis, Kullman, Sterbcow & Abramson Melchiode Marks King LLC

Plauche Maselli Parkerson, LLP Stanley, Reuter, Ross, Thornton & Alford, LLC

Taggart Morton, LLC

Silver Gavel

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

Williams Law Group

Bronze Gavel

Alicia M. Bendana Warren A. Goldstein, APLC

Louisiana State Bar Association Seth M. Nehrbass, Patent Attorney

The Honorable Gasper J. Schiro (ret.)

CONGRATULATIONS TO THE 2016-17 COMMITTEE CHAIRSBAR AND PUBLIC SERVICE COMMITTEES

ABA Delegate

Bench Bar Conference Committee

BrieflySpeaking Editor

Continuing Legal Education

Finance

Lawyer Referral Service

Masters of the Courtroom (sm)

Membership

Minorities in the Profession

Nominating

Past Presidents

Planning

Pro Bono Project Delegate

Professionalism

Solo and Small Firms

Study Group on Cuba

Study Group on Panama

Wellness and Stress Management

Women in the Profession

Dana M. Douglas

Dana M. Douglas, Chair

Kelsey L. Meeks

Jason P. Waguespack

Paul M. Sterbcow

James M. Williams

The Hon. Lance M. Africk

Steven J. Lane

Kimberly R. Silas

Judy Y. Barrasso

R. Patrick Vance

Dana M. Douglas

Jan M. Hayden

The Hon. Robin M. Giarrusso

To be announced

Mark A. Cunningham and Jose R. Cot

Mark A. Cunningham

Carmelite M. Bertaut and Mandie E. Landry

Lisa M. Africk

Lisa M. Africk Angelina Christina Albert J. Derbes, IV Sandra Diggs-Miller Jan M. Hayden Stephen J. Herman The Hon. Terri F. Love The Hon. Jane T. Milazzo The Hon. Jay C. Zainey

PAGE 20 - BRIEFLY SPEAKING

Appellate Practice

Bankruptcy and Debtor/Creditor Rights

Business Litigation

Business Transactions

Civil Rights

Class Actions

Complex Litigation

Construction Law

Criminal Law

E-Discovery

Entertainment/IP Law

Environmental Law

Family Law

Healthcare Law

Immigration Law

Insurance Law

Labor & Employment Law

Maritime & International Law

Oil and Gas Law

Pharmaceuticals/Medical Devices

Products Liability

Real Property Law

Tax Law

Technology

Will, Trusts, Successions

Workers’ Compensation Law

CONGRATULATIONS TO THE 2016-17 COMMITTEE CHAIRSPRACTICE AREA COMMITTEES

Tad Bartlett and Martin A. Stern

Christopher T. Caplinger

Alicia M. Bendana and John Mark Fezio

Ryan D. Adams

Marjorie R. Esman and Hamida Labi

Kathlyn G. Perez

Thomas M. Flanagan

Michael S. Blackwell and Jimmy A. Castex

James S.C. Baehr

Andrew R. Lee

Lesli D. Harris and Scott L. Sternberg

Lauren E. Godshall

Steven J. Lane

R. Christopher Martin and Carl E. Hellmers

Kathleen C. Gasparian and Leah Spivey

Harold J. Flanagan and David A. Strauss

Jennifer F. Kogos and Sidney F. Lewis, V

Hugh P. Lambert and Jason P. Waguespack

Joseph I. Giarrusso, III and Colleen C. Jarrott

Stephen G.A. Myers

Lara E. White

Robert P. Thibeaux and Lillian E. Eyrich

Jaye A. Calhoun and Carli B. Simpson

Julie Rabalais Chauvin

Eric M. Schorr and Rose S. Sher

Chief Judge Diane R. Lundeen

PAGE 21 - BRIEFLY SPEAKING

THE WALL OF HONORThe Veterans Protection Society

Gifts $5,000-$9,999

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

The Guardians for ServiceGifts $1,000-$4,999 Dawn M. Barrios 2016-17 NOBF President 2014 Arceneaux Professionalism Award In memory of Joycelyn and Ernest Barrios Leonard A. Davis NOBF Secretary Walter J. Leger, Jr. 2015-16 NOBF Treasurer 2014-15 NOBA President NOBA Board of Directors 2009 Presidents’ Award Recipient Michael J. Mestayer 2015-16 NOBF Board of Directors Stewart F. Peck 2015-16 NOBF Board of Directors Darryl M. Phillips 2015-16 President, NOBF NOBA Board of Directors In honor of Sgt. Lawrence V. Blanchet, Jr. WWII, Buffalo Division Silver Star Recipient Purple Heart Recipient The Hon. Sarah S. Vance and R. Patrick Vance 2016 Presidents’ Award NOBF Board of Directors 2011-12 NOBA PresidentWalter Carroll, Jr. 1979-80 NOBA President Entergy Services, Inc. Bar & Grille SponsorIrwin Fritchie Urquhart & Moore LLC Liskow & Lewis, APLC Bar & Grille SponsorChristopher K. Ralston 2016-17 NOBA President 2007-08 NOBA YLS Chair In memory of George J. “Jay” Zainey, U.S. Navy, WWII VeteranMonica T. Surprenant and Mark C. Surprenant 2013-14 NOBA President 2010 Presidents’ Award In honor of Helena N. Henderson Stanley, Reuter, Ross, Thornton & Alford, LLC

The Veterans League Gifts $500 to $999

Elizabeth J. Futrell In memory of Col. Richard L. JonesGalloway, Johnson, Tompkins, Burr & Smith, APLC Bar & Grille Sponsor The Hon. Robin M. Giarrusso In memory of Harold Michaels World War II Veteran

Rep. Walter “Walt” J. Leger, III Speaker Pro Tempore, Louisiana House of RepresentativesJones Walker LLP Bar & Grille Sponsor Montgomery Barnett, LLP Bar & Grille Sponsor

The Platoon LeadersGifts $100 to $499

AnonymousBaldwin Haspel Burke & Mayer, LLCThe Bar Staff of New Orleans Bar Association Helena N. Henderson, Executive Director In honor of Kevin R. Henderson Paula St Martin, Administration Director In honor of Lloyd P. St. Martin, Jr. Elizabeth M. Daino, Program Director Emily J. Anderson, Communications In memory of John B. Anderson Morgan L. Ellis, Members Services Hayley M. Landry, Special Projects In memory of Charles D. Bond, Sr. Nathalia Brandsetter, LRS Coordinator Rebecca Huskey, LRS Coordinator Alicia M. BendanaJack C. Benjamin, Jr. 2016-17 Inn of Court President 1996-97 YLS ChairAllan Berger In honor of Dylan, Max and Brodie GeigerJon G. Bethune In memory of James G. DunaifKim M. Boyle 2007 Presidents’ Award 2002-03 NOBA PresidentButler Snow LLPSean P. BradyJohn J. Broders Camala E. Capodice 2015-16 NOBA Board of DirectorsThe Hon. Sidney H. Cates, IV In honor of Sidney H. Cates, IIICoats Rose Robert J. DavidThe Derbes Law Firm, LLCDana M. Douglas 2015-16 NOBA Secretary 2007-08 YLS Chair George D. FaganThe Hon. Eldon E. FallonFirst American Title CompanyWilliam B. Gaudet 2015-16 NOBA Board of Directors

James C. Gulotta, Jr. 2015-16 NOBA Board of Directors Robert M. Hearin, Jr.Fred L. Herman In memory of Reba and Harry Herman Benjamin W. KaddenWayne J. Lee 2011 Professionalism Award 2003 Presidents’ AwardRobert L. Manard In honor of William F. Ryan Recipient of 2 Purple Hearts Silver Star Recipient Wounded 3 times, he was a 1st Lieutenant in the 1st Battalion, 3rd Marine Charlie Company, Vietnam 1969Judy Perry Martinez 1986-87 YLS ChairAudrey W. MasinterThomas J. McGoey IIO’Bryon & Schnabel PLC Guy D. Perrier 1995-96 YLS ChairKelly Juneau Rookard 2015-16 YLS ChairNorma Jane Sabiston Peter E. Sperling 2015-16 NOBA Board of DirectorsPaul M. Sterbcow 2015-16 NOBA Treasurer In honor of All VeteransMargaret F. SwetmanLaura A. Tuggle Jason P. Waguespack 2015-16 NOBA Board of Directors Sharonda R. Williams 2015-16 NOBA Board of DirectorsPhillip A. Wittmann 2015 Presidents’ Award 2003-04 NOBA PresidentZachary L. Wool The Squad Leaders Gifts under $100

Beth E. AbramsonMark A. Cunningham 2015-16 NOBA Board of DirectorsMichael L. Eckstein Camille E. GauthierJessica W. HayesDavid M. Melancon Kim E. MooreRonald J. Wood

Breazeale, Sachse and Wilson, L.L.P. is pleased to announce that 5 lawyers in its New Orleans office have been named to the 2017 Edition of Best Lawyers. They are Thomas M. Benjamin, Commercial Litigation, Litigation - Securities, Securities/Capital Markets Law; Alan H. Goodman, Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation - Real Estate, Mass Tort Litigation/Class Actions - Plaintiffs, Merg-ers and Acquisitions Law, Product Liability Litigation - Defendants; Joseph R. Hugg, Litigation - Labor and Employment, Eve B. Masinter, Litigation - Labor and Employment, and Richard G. Passler, Commer-cial Litigation.

Thomas M. Benjamin

Alan H. Goodman

Joseph R. Hugg

Eve B. Masinter

Richard G. Passler

Flanagan Partners, LLP, is pleased to announce that its lawyers who have been named to the 2017 edition of Best Lawyers. They are Thomas Flanagan, appellate law, commer-cial litigation, and “bet-the-compa-ny” litigation; Harold Flanagan, appellate practice, commercial liti-gation, insurance law, oil & gas law, and construction litigation; and Sean P. Brady, commercial litigation.

Thomas Flanagan

Harold Flanagan

Sean P. Brady

Baldwin Haspel Burke & Mayer has earned recertification in Meritas, a global alliance of law firms.

Deutsch Kerrigan, L.L.P. announced Victor M. Jones will be joining the New Orleans office as an as-sociate. As a litigation associate, he defends

complex litigation matters and labor and employment claims.

Tom Foutz announces the forma-tion of TomFoutzADR located at the Energy Centre, 1100 Poydras Sttreet, Suite 2900, New Orleans, LA 70163; 504.237.3183; www.TomFoutzADR.com.

Montgomery Barnett, L.L.P. was awarded the 2017 Best Law Firms in Louisiana First-Tier Rankings by U.S. News & World Report and Best Lawyers ©. This award is only given to a few law firms throughout Louisiana and recognizes the New Orleans firm for their outstanding and sterling legal services.

Perrier & Lacoste is pleased to announce Michael W. Robertson has joined the firm as an Associate.

Kanner & Whiteley is pleased to announce that Conlee Whiteley has been chosen for the 2016 Leadership in Law class, recognizing area professionals in the field of law for their career and community acommplishments.

Kanner & Whiteley has been selected as a finalist in the Pharma-ceuticals category for the National Law Journal’s 2016 Elite Trial Lawyers guide. These selections were vetted from nominations acoss several categories of plaintiff law-yers, based on the particular types of cases in which they’ve excelled. The winners will be announced in early December.

Kanner & Whiteley is pleased to announce that Allan Kanner has been awarded the 2016 Chambers Award for Band 1 - Environment: Litigation.

Barrasso Usdin Kupperman Free-man & Sarver, L.L.C. is pleased to announce that Eric J. Drury, Anna Matejcek, and Shaun P. McFall have joined the firm as Associates.

Eric J.Drury

AnnaMatejcek

Shaun P.McFall

Baldwin Haspel Burke & Mayer is pleased to announce that Alex S. Aughtry has joined the firm as an associate.

AROUND THE BAR

PAGE 23 - BRIEFLY SPEAKING

MASTERS OF THE COURTROOM SM

Match Yourself with the Masters

Learn Trial Techniques of Master Judges, Defense & Plaintiff Lawyers

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

Call NOBA at 525-7453 to register.