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Page 1: December 12th, 13th, 18th, 19th, 20th, 27th, & 28th New ... Procrastinators Program... · law and require lawyers to act properly as officers of the ... with his unique blend of humor

December 12th, 13th, 18th, 19th, 20th, 27th, & 28th Pan Am Conference Center hhhh 601 Poydras St. hhhh 11th Floor

New Orleans Bar Association

Invest Your CLE Dollars in New Orleans.

Page 2: December 12th, 13th, 18th, 19th, 20th, 27th, & 28th New ... Procrastinators Program... · law and require lawyers to act properly as officers of the ... with his unique blend of humor

Procrastinators’ Programs SM Wednesday, December 13, 2017

“For Young Lawyers, By Young Lawyers”

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

9:00 a.m. - 10:00 a.m. Ethics: Avoiding Malpractice Mistakes and What Every Young Lawyer

Should Know Michael S. Finkelstein, Sternberg, Naccari & White, LLC

Caitlin R. Byars, Taylor, Wellons, Politz & Duhe, APLC

Skylar B. Rudin, Kuchler Polk Weiner, LLC

Krystin M. Frazier, Kelly Hart & Pitre

Avery B. Pardee, Jones Walker LLP

10:10 a.m. - 11:10 a.m. Behind the Scenes with Law Clerks

James H. Gilbert, Phelps Dunbar LLP

Megan Dupuy, Law Clerk for Judge Mary Ann Lemmon

Marcus B. Hunter, Kuchler Polk Weiner, LLC Justin M. Woodard, Jones Walker LLP

11:20 a.m. - 12:20 p.m. Work/Life Balance From a Business Development Perspective Scott Sternberg, Sternberg, Naccari & White, LLC

Atoyia S. Harris, Ogletree, Deakins, Nash, Smoak & Stewart, PC

Hannah B. Salter, Cardone Law Firm

Teva F. Sempel, Schonekas, Evans, McGoey & McEachin, LLC

Ebony S. Morris, Garrison, Yount, Forte & Mulcahy, LLC

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

1:20 p.m. - 2:20 p.m. Disaster Preparedness For Your Practice Graham H. Ryan, Jones Walker LLP

Matthew S. Smith, Matt Smith Law, LLC

Evian Mugrabi, LA Civil Justice Center

Shayna Beevers Morvant – Beevers & Beevers LLP

2:30 p.m. - 3:30 p.m. 30 Practice Tips in 60 Minutes Cayce C. Peterson, The Lambert Firm, PLC

Kelsey L. Jarrett, Porteous, Hainkel & Johnson, LLP Ashley J. Becnel, City of New Orleans Law Department

Lindsay J. Jeffrey, Criminal District Court

Jeffrey P. Green, Austin & Associates, LLC

3:40 p.m. - 4:40 p.m. Billing, Costs and Fees Stephanie G. Gamble, Sessions, Fishman, Nathan & Israel, LLC

Cory J. Vidal, Hancock Whitney Bank

Brooke A. Riggs, Frilot LLC

Katherine L. Swartout, Thompson, Coe, Cousins & Irons, LLP

4:50 p.m. - 5:50 p.m. Professionalism: Play Nice in the Sandbox 2.0 – Even More Kindergarten

Lessons for Lawyers Eric W. Sella, Mouledoux, Bland, Legrand & Brackett

Stephanie G. Gamble, Sessions, Fishman, Nathan & Israel, LLC

Leandro Rylee Area, Porteous, Hainkel & Johnson, LLP Mirais M. Holden, Liskow & Lewis, APLC

Camille R. Bryant, McGlinchey Stafford, PLLC

Special thanks to Kelsey Jarrett and Skylar Rudin, Chairs of “For Young Lawyers, By Young Lawyers” program

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Masters of the Courtroom SM Thursday, December 14, 2017

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

Fred P. Harper, Jr., U.S. Attorney’s Office

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

12:30 p.m. - 1:30 p.m. Managing Complex Litigation The Hon. Sarah S. Vance, USDC-EDLA

Kyle D. Schonekas, Schonekas, Evans, McGoey & McEachin, LLC

Roy C. Cheatwood, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

1:40 p.m. - 2:40 p.m. Motion Practice The Hon. Mary Ann Vial Lemmon, USDC-EDLA

Christopher K. Ralston, Phelps Dunbar LLP

S. Gene Fendler, Liskow & Lewis, APLC

2:50 p.m. - 3:50 p.m. Evidentiary Issues Including Expert Testimony and Business Records The Hon. Kurt D. Engelhardt, USDC-EDLA

Gerald E. Meunier, Gainsburgh, Benjamin, David, Meunier & Warshauer, LLC

Brittany L. Reed, U.S. Attorney’s Office

4:00 p.m. - 5:00 p.m. Professionalism The Hon. Jane Triche Milazzo, USDC-EDLA

The Hon. Nakisha Ervin-Knott, Orleans Parish Civil District Court

Conrad “Duke” Williams III, Williams Law Group

5:10 p.m. - 6:10 p.m. Ethics The Hon. Ivan L.R. Lemelle, USDC-EDLA

Mark C. Surprenant, Adams and Reese, LLP

Eva J. Dossier, Stanley, Reuter, Ross, Thornton & Alford, LLC

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

Page 4: December 12th, 13th, 18th, 19th, 20th, 27th, & 28th New ... Procrastinators Program... · law and require lawyers to act properly as officers of the ... with his unique blend of humor

Procrastinators’ Programs SM Tuesday, December 19, 2017

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

9:00 a.m. - 10:00 a.m. Using Jury Focus Groups and Mock Trials to Win Your Jury Trial A discussion on how trial attorneys should use jury focus groups and mock trials to test

the case, make adjustments, and identify juror profiles. Lessons learned about jury

research from high profile cases such as the O.J. Simpson murder case will be discussed. Walter F. Becker, Jr., Chaffe McCall, LLP

10:10 a.m. - 11:10 a.m. Cell Phone Forensics This CLE will give an overview of cell phone forensics including challenges, what can be

retrieved, the different collection types, syncing, and resource options. Gavin W. Manes, Avansic

11:20 a.m. - 12:20 p.m. The Do’s and Don’ts From Your Federal Magistrate Judges Hear practice tips directly from Judges Knowles, North, Roby and Van Meerveld

on how best to manage your federal cases and what to do (and not do) in their courtrooms.

The Hon. Daniel E. Knowles, III, USDC-EDLA The Hon. Michael B. North, USDC-EDLA The Hon. Karen W. Roby, USDC-EDLA

The Hon. Janis van Meerveld, USDC-EDLA

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

1:20 p.m. - 2:20 p.m. Domestic Violence: An Examination of Current Laws & Proposed Changes Kim Sport will discuss current domestic laws, an evaluation of how the laws are being

enforced, and a proposed changes going forward. Included is a video called “5 Awake,”

which addresses strengthening domestic violence laws, including a proposal to restrict

the gun rights of domestic abuser. Kim S. Sport, Attorney at Law

2:30 p.m. - 3:30 p.m. A 2017 Update on Sales & Leases Marie M. Moore, Sher Garner Cahill Richter Klein & Hilbert, LLC

3:40 p.m. - 4:40 p.m. Professionalism: Unpopular Cases, Unpopular Clients and a Sense of Justice The Rules of Professional Conduct prohibit lawyers from counseling clients to break the

law and require lawyers to act properly as officers of the court. What are the assumptions

that underpin these Rules? What if lawyers had to operate in a society where the laws

were un just, where the courts were not impartial, and where due process played no role?

Nationally-known speaker Mike Rubin, with his unique blend of humor and scholarship

and one of the most unusual multimedia presentations you’ll ever see, will challenge your

thinking and give you something to ponder.

Michael H. Rubin, McGlinchey Stafford, PLLC

4:50 p.m. - 5:50 p.m. Ethics- Zealous Representation & Judicial Integrity: A Civil Rights Perspective Marjorie R. Esman, ACLU of Louisiana

Ronald L. Wilson, Blake Jones Law Firm, L.L.C.

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Procrastinators’ Programs SM Wednesday, December 20, 2017

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

9:00 a.m. - 10:00 a.m. Workers’ Compensation: 2017 Legislative Review Mr. Fontana will discuss not only those instruments which ultimately became

law but also workers' compensation bills which failed to make it through the process.

Wayne J. Fontana, Roedel, Parsons, Koch, Blache, Balhoff & McCollister

10:10 a.m. - 11:10 a.m. Professionalism: Issues & Duties When Lawyers Leave a Firm Three attorneys will have a panel discussion on the issues arising when a lawyer leaves

a law firm, including the duties of the departing lawyer to the firm, to clients, and to

former colleagues.

Alicia M. Bendana, Lowe, Stein, Hoffman, Allweiss & Hauver

Catherine E. Lasky, Lasky Murphy LLC

Kerry A. Murphy, Lasky Murphy LLC

11:20 a.m. - 12:20 p.m. The False Claims Act: What is it and Why Should You Care? The False Claims Act (FCA) has become the primary weapon used by the

federal government to fight fraud across a wide array of industries. Recent amendments

to the FCA, and case law interpreting its provisions, have expanded the reach of the

FCA, have made it easier for whistleblowers to bring suit under the FCA, and have

increased companies’ potential FCA exposure. Even companies that are not traditional

government contractors, or do not do business directly with the federal government, can

get caught in the FCA’s crosshairs. In this presentation, you will learn about the FCA,

its evolution over time, recent developments and trends, including the enactment of state

false claims statutes, and how companies can mitigate their FCA risks.

Melissa H. Harris, McGlinchey Stafford, PLLC

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

1:20 p.m. - 2:20 p.m. Experts: Avoiding “Uh-Oh” Moments Meghan E. Smith, Jones Walker LLP Adam B. Zuckerman, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

2:30 p.m. - 3:30 p.m. Cyber Risk Management Issues for Multinationals and the Representation

of Latin American Companies in the U.S. Judicial System

Jackie M. Brettner, Carver, Darden, Koretzky, Tessier, Finn, Blossman &

Areaux L.L.C.

3:40 p.m. - 4:40 p.m. Social Media & Legal Ethics This hour of ethics will address social media laws and related governance principally in

the United States (including a separate chapter on records management within the

context of social media), while providing the reader with ample coverage of key global

regions, including Canada, the European Union, Australia, and Asia.

Duris L. Holmes, Deutsch Kerrigan, LLP

4:50 p.m. - 5:50 p.m. Child Custody Evaluations The law and procedures related to child custody examinations and related testimony. Marc D. Winsberg, Winsberg & Associates, LLC

Page 6: December 12th, 13th, 18th, 19th, 20th, 27th, & 28th New ... Procrastinators Program... · law and require lawyers to act properly as officers of the ... with his unique blend of humor

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

9:00 a.m. - 10:00 a.m. Immigration, International Policy and The Trump Administration A discussion concerning the Trump Administration, immigration policy and

business immigration. This includes what political and economic factors impact the

current business immigration climate, how U.S. companies can hire foreign talent, and

how a foreign national can start a business in the United States. Brandon E. Davis, Phelps Dunbar, LLP

Kristie L. Bowerman, Immigration & Nationality Group

Nain Martinez, Jr., Immigration & Nationality Group

10:10 a.m. - 11:10 a.m. Louisiana Business Corporation Act Lloyd “Trey” Drury, III, Loyola University New Orleans College of Law

11:20 a.m. - 12:20 p.m. Recent Trends in Federal and State Court Pharmaceutical and

Medical Device Litigation Douglas J. Moore, Irwin Fritchie Urquhart & Moore, LLC

M. Palmer Lambert, Gainsburgh, Benjamin, David, Meunier

& Warshauer, LLC

Judge Tiffany G. Chase, Orleans Parish Civil District Court

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

1:20 p.m. - 2:20 p.m. The Vital Roles of Attorneys Before, During, and After a Data Breach This presentation will focus on how an attorney may advise their clients in all phases of

a data breach to include preventing data breaches before they happen and lessening the

impact of data breaches when they occur. The presentation will further examine the role

of attorneys in the post data breach phase while confronting the ever emerging role of

state and federal regulators. James “Walt” Green, Phelps Dunbar, LLP

2:30 p.m. - 3:30 p.m. Notarial Law: Don’t Take it for Granted The presentation addresses avoidance of all too common errors which notaries,

including attorneys who are notaries, make. Both Louisiana and Federal statutes will be

covered. Topics include closing table hints, as well as the electronic world’s impact on

notaries. Ellen B. Artopoeus, Attorney at Law

Albert J. Derbes, IV, The Derbes Law Firm, LLC

3:40 p.m. - 4:40 p.m. Professionalism Challenges As our interactions are increasingly electronic, and face to face conferences are the

exception, how do we maintain professionalism? This hour will discuss obstacles to

upholding our oath and thoughts about how to elevate professionalism in an

uncourteous world.

Ann R. Koppel, Flanagan Partners LLP

4:50 p.m. - 5:50 p.m. Ethics: Representing Fractured & Imploding Businesses James A. Brown, Liskow & Lewis, APLC

Procrastinators’ Programs SM Thursday, December 21, 2017

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Procrastinators’ Programs SM Wednesday, December 27, 2017

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

9:00 a.m. - 10:00 a.m. Recent Developments in Legal Ethics Professor Ciolino will provide an update on current issues in legal ethics, including

conflicts that can arise in the representation of government entities and employees. He

will assist attendees with resolving those issues in every day practice.

Dane S. Ciolino, Loyola University New Orleans College of Law

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

11:20 a.m. - 12:20 p.m. Effective E-Discovery in Modern Commercial Litigation: An Introduction

To E-Discovery Search Technologies and How To Use Them

This program will approach the following questions. Why has discovery become so

burdensome in modern commercial cases? What are the basic steps of e-discovery?

What are the common types of e-discovery search and classification technologies

available today? How do I select the best tools for the task? And how do I use them to

more effectively and cost-efficiently reach client goals? Sean P. Brady, Flanagan Partners LLP

Charles-Theodore Zerner, Flanagan Partners LLP

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

1:20 p.m. - 2:20 p.m. An Overview of Workers’ Compensation Issues This session will offer an update on claims including exclusive remedy, third party

claims, prescription, independent contractors, borrowing employer/special employer,

and statutory employer.

Christopher S. Mann, Jones Walker LLP

2:30 p.m. - 3:30 p.m. Louisiana Justice Reinvestment Reform Bills Louisiana Supreme Court attorney Alanah Hebert will review the criminal justice

reforms passed during the 2017 Legislative session including the new drug and felony

sentencing laws, amendments to the habitual offender law, probation and parole

changes, the Felony Class Task Force, and other key pieces of the criminal legislative

reform package. Alanah E. Odoms Hebert, Louisiana Supreme Court

3:40 p.m. - 4:40 p.m. Evidentiary and Ethical Issues in Social Media E-Discovery

• What are the ethical pitfalls to avoid when using social media in discovery?

• How do spoliation rules apply to social media materials?

• How reliable and representative are such materials really? How prejudicial?

• What are the implications of the metadata underlying social media postings?

• What impact does social media have on one’s right against self-incrimination?

• What about attorneys communicating through social media?

Tom O’Connor, Gulf Coast Legal Technology Center

4:50 p.m. - 5:50 p.m. Issues Keeping Maritime Clients Up At Night Raymond T. Waid, Liskow & Lewis, APLC

Benjamin S. Allums, USDC-EDLA

Kathleen Harrison, Hornbeck Offshore Services

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

9:00 a.m. - 10:00 a.m. Ethics in Negotiations During this CLE, Lynn Luker will discuss which ethics rules should be considered in

negotiations. This includes truthfulness in statements, candor toward the tribunal, the

scope of representation of authority, misconduct, dealing with an unrepresented person,

the rules of professional conduct and more. Lynn Luker, Stanley, Reuter, Ross, Thornton & Alford, L.L.C

10:10 a.m. - 11:10 a.m. Professionalism Among Generations The Hon. Scott U. Schlegel, 24th Judicial District Court

J. Parker Layrisson, Parker Layrisson Law Firm

11:20 a.m. - 12:20 p.m. Maritime Law: Recent Developments and Coming Attractions David B. Sharpe, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard

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

1:20 p.m. - 2:20 p.m. Acquisition of Rights through Expropriation in Louisiana This CLE will examine the requirements and procedure for acquiring property rights in

Louisiana through the use of eminent domain, including recent legislative changes, and

will discuss recent Louisiana jurisprudence relating to expropriation. Matthew D. Simone, Liskow & Lewis, APLC

2:30 p.m. - 3:30 p.m. 2017 Criminal Justice Reform Bills Criminal Law Update - a review of the new criminal laws following the 2017 Criminal

Justice Reform Bills. This will include new drug and theft laws, Habitual Offender

changes, sentencing changes for probation and parole and more. Joseph A. Marino III, Marino & Ehle LLC

Davidson S. Ehle III, Marino & Ehle LLC

3:40 p.m. - 4:40 p.m. Where Can I Fish Without Trespassing? The presentation will be an examination of the ongoing conflict between Louisiana

landowners and fishermen. In Louisiana, the term "if you can float it, you can boat it"

does not apply, meaning that although an area may be accessible by boat, you do not

necessarily have the right to fish on it. This causes a big problem in a state where ever

changing wetlands and eroding coastal marshes have changed the landscape

dramatically from what it was over 200 years ago when Louisiana was formed and

property lines were drawn. Cayce C. Peterson, The Lambert Firm, PLC

4:50 p.m. - 5:50 p.m. Recent Developments in Multidistrict Litigation

This program will discuss updates from the mass tort/MDL field of practice and

will offer practical tips to those lawyers whose clients’ cases may end up as part

of an MDL. Zachary L. Wool, Barrios, Kingsdorf & Casteix

Procrastinators’ Programs SM Thursday, December 28, 2017

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Procrastinators’ Programs SM Friday, December 29, 2017

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

9:00 a.m. - 10:00 a.m. Ethics: Reasonableness of Attorney’s Fees E. Phelps Gay, Christovich & Kearney

10:10 a.m. - 11:10 a.m. Mindfulness As Route To Professionalism When attorneys practice mindfulness, the experience they gain by noticing their minds

moving off into distraction, and returning their attention to their breath, makes them

better equipped to deal with the unexpected—because they catch the thoughts and

feelings that are resisting the moment, and are better equipped to stay on task and

respond in proportion to the challenge. This CLE will help offer ways to enhance your

capacity to be more present for what arises during your daily interactions, with your

clients, your colleagues, witnesses and adversaries. Carmelite M. Bertaut, Stone Pigman Walther Wittmann, LLC

11:20 a.m. - 12:20 p.m. Money Laundering, Whistleblowers, Dawn Raids Michael W. Magner, Jones Walker, LLP

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

1:20 p.m. - 2:20 p.m. Lien Law Under The Public Works Act and Private Works Act Adrian A. D’Arcy, Shields Mott LLP

2:30 p.m. - 3:30 p.m. LGBT Law: 2017 Year in Review

J. Dalton Courson, Stone Pigman Walther Wittmann, LLC

Brandon H. Robb, Delaney, Robb and Rubin Attorney's at Law LLC

3:40 p.m. - 4:40 p.m. Healthcare Law: The Noninterference Clause The Art of No Deal: Why something called the “noninterference clause” stopped

the nation’s largest insurer from directly bargaining over the price of prescription drugs.

Andrew Tuozzolo, Louisiana Department of Health

4:50 p.m. - 5:50 p.m. Evidence For Family Lawyers During this CLE, Suzette Smith will address some articles of the Louisiana Code of

Evidence which may be of interest to family law practitioners. Suzette M. Smith, Lowe, Stein, Hoffman, Allweiss & Hauver