Bench Bar Conference 2014

Transcription

1 Bench Bar Conference 2014 Course Number: Total Hours of CLE: 8 hours including 1 hour of professionalism and 1 hour of ethics April 4 6, 2014 Beau Rivage Resort and Casino Biloxi, Mississippi

2 Bench Bar Conference 2014 Lessons Learned from BP Lisa M. Africk, Brown Sims Walter J. Leger, Jr., Leger & Shaw Corey Maze, Alabama Office of Attorney General Kerry J. Miller, Frilot Steven L. Roberts, Sutherland Asbill Conrad S.P. Williams III, Williams Law Group Phillip A. Wittmann, Stone Pigman April 4, :40 6:10 pm Beau Rivage Resort and Casino Biloxi, Mississippi

3 Lisa M. Africk Shareholder, New Orleans 650 Poydras Street, Suite 2200 New Orleans, Louisiana P: F: E: Areas Of Practice General Civil Litigation Toxic Tort Litigation Product Liability Litigation Transportation Personal Injury/Wrongful Death Defense Insurance Coverage Maritime/Jones Act Employment Law/Title VII Litigation Premises Liability Contract review, drafting and negotiation Most of Ms. Africk s work focuses on complex litigation involving maritime law and related coverage issues. Ms. Africk has been involved in numerous personal injury and fatality cases involving challenging coverage issues. Recently, summary judgment was obtained in a hotly contested helicopter crash case

4 wherein the presiding U.S. District Court Judge adopted much of Ms. Africk s reasoning in his final opinion. Ms. Africk applies the same tenacity and determination to her cases that she applies to her long distance running. Although it may take a while a get there, she is always focused on the ultimate goal and successfully crossing the finish line. She received a Bachelor of Arts degree in 1984 from Tulane University / Newcomb College, and she obtained both a Masters of Social Work and Juris Doctor degree in 1999 from Tulane School of Social Work and Tulane Law School. She is a member of the Louisiana Bar Association, the Federal Bar Association, the New Orleans Bar Association, and the Tulane Inns of Court. Education Tulane Law School Juris Doctor, December 1999 Honors: Cum Laude Tulane School Of Social Work MSW, December 1999 Tulane University, Newcomb College BA, May 1984 Honors: Deans List; Cum Laude Admissions Louisiana, April 2000 U.S. District Court Eastern District of Louisiana U.S. District Court Middle District of Louisiana U.S. District Court Western District of Louisiana U.S. Court of Appeals, Fifth Circuit Memberships & Services Louisiana State Bar Association Federal Bar Association New Orleans Bar Association Tulane Inns of Court Brown Sims Houston New Orleans Miami Disclaimer

5 Attorney Profiles Walter J. Leger Jr. New Orleans, Louisiana Senior Partner phone fax Me Walter J. Leger, Jr., Senior Partner in the law firm of Leger & Shaw, was born in New Orleans, Louisiana in Son of a Bar Pilot and grandson of a Ship Captain, Leger has always had an interest in the maritime industry, and some would say it is in his blood. It was with this background that Leger started his legal career which led to him to be the highly revered attorney that he is today, focusing on admiralty and maritime law. After receiving his Bachelor of Arts degree from Louisiana State University, Leger received his legal education at Tulane University. Leger graduated from Tulane School of Law with a concentration in Maritime Law, he was Managing Editor of the Tulane Maritime Law Journal and received the American Admiralty Law Institute Award. After graduation, Leger worked as an admiralty associate at the Phelps Dunbar law firm. He later formed his own firm, and his practice has been devoted to admiralty and complex litigation. Since 1981, he has been recognized as a "Proctor in Admiralty" by the Maritime Law Association of the United States. He is a member of the Southeast Admiralty Law Institute and the maritime law sections of the American Association of Justice, the Louisiana Association of Justice, and other bar organizations. Over the years he has lectured extensively and written on maritime law and complex litigation topics at Harvard Law School, Tulane Law School, Loyola Law School, the University of New Orleans, LSU Law School, and various law associations. Leger has been known as a prominent attorney in complex litigation. More particularly, he has demonstrated his leadership in major maritime disaster cases (recently including the July 2008 Oil Spill on the Mississippi River), in class action litigation against the tobacco industry, and as special counsel for the Attorney General of the State of Louisiana and the Governor of the State

6 of California. After Hurricane Katrina he was involved in the Murphy Oil Spill Litigation and represented dozens of homeowners and businesses against their insurance companies. Leger has repeatedly been recognized for his leadership and experience. He was appointed by U.S. District Judge Lance Africk as a member of the Claimants' Steering Committee representing businesses and governmental entities damaged as a result of the collision of a ship and barges causing a massive Oil Spill in on the Mississippi River. Also, Leger was appointed by U.S. Judge Peter Beer as Chairman of the Plaintiff's Committee and served as Lead Appellate Counsel in the case of The State of Louisiana, ex rel. v. M/V TESTBANK, et al., C.A. No , U.S.D.C., E.D.La., involving the claims of over 2,000 fishermen and businesses damaged as a result of a ship collision causing the spill of PCP into the Mississippi River Gulf Outlet. The Fifth Circuit's en banc decision and its progeny continue to guide the determination of economic loss damages in maritime collision cases to this day. In 1998, he was appointed by U.S. District Judge Morey Sear as Co-Lead Counsel in the M/V BRIGHT FIELD/Riverwalk Disaster. Other notable maritime cases include but are not limited to M/V INCA TUPAC collision, (U.S.D.C., E.D. La.)(Lead Counsel, collision and explosion involving numerous deaths and burns); M/V POET, (U.S.D.C., E.D.Pa.)(mysterious ship disappearance in Atlantic Ocean with 25 crew lost); M/V TEXACO NORTH DAKOTA, (U.S.D.C., E.D.La.)(fiery ship collision with post hurricane damaged oil platform); M/V MISS CHRIS/Claiborne Ave. Bridge allision and collapse; M/V LEE III/M/V ZIM MEXICO III (Collision in Southwest Pass causing deaths of entire crew and closure of river and port). Leger's experience and leadership extends far beyond admiralty and maritime law. In the Castano Tobacco Litigation, he served on the Trial Team, Discovery Committee, Science Committee, and Administrative Committee. This case was brought against the Tobacco and Cigarette industry in numerous states, including the Castano Tobacco Litigation, California Tobacco Litigation, and the Brown Case. Leger served as Class Counsel, Trial Counsel, Trial Liability Team Captain, and Expert Team Captain in the Scott Tobacco Litigation. This trial lasted three years and is still being appealed. In Louisiana Breast Implant Litigation, Leger served on the Plaintiffs' Steering Committee as Chairman of Discovery Committee and Member of the Strategy Committee, Planning Committee, Administrative Committee, and Law Committee from 1993 until In

7 2005, he was appointed by U.S. District Judge Eldon Fallon to Plaintiffs' Legal Committee in the Murphy Oil Spill Litigation. He was appointed by U.S. District Judge Sarah Vance to Plaintiffs' Legal Committee in the Education Testing Services Litigation. In the Billieson Lead Paint Class Action, he was appointed as Class Counsel. Leger was also a member of F. Lee Bailey's Litigation Sub-Committee in the Bhopal, India/Union Carbide Disaster from 1985 until He has had particular experience in actions involving major collisions, numerous claims, and limitation of liability proceedings. His career has spanned over 30 years in the litigation of individuals, businesses, port authorities, towing companies, barge owners, shipyards, and ship pilots, officers and crew. He has represented clients in the state and federal courts of Louisiana and others, and at U.S. Coast Guard and National Transportation Safety Board hearings. In addition to being an advocate for his client's rights, Leger has also tirelessly served the people of his community and Louisiana as a whole. Walter served as chairman of the St. Bernard Chamber of Commerce five times in the last 15 years, and is a past Chairman of the Board of the New Orleans Regional Chamber of Commerce and Co Chairman of the MetroVision Regional Economic Development Partnership. He currently serves as Chairman of the St. Bernard Economic Development Commission and is a member of the Executive Committee of GNO, Inc. and the Southeast Louisiana Business Council Coalition. In addition to service as Vice Chairman of the Louisiana Recovery Authority, the Louisiana Land Trust and Co Chair of the St. Bernard Citizen's Recovery Committee, he currently serves on the Boards of GNO, Inc., the New Orleans Bar Association, the LSU Health Science Center Foundation, the Delgado Community College Foundation, Nunez Community College, Tulane Cancer Center, LSUHSC Cancer Center, and the Director's Council of the Louisiana Cancer Research Consortium. After Hurricane Katrina, Leger was appointed by Governor Kathleen Blanco to the Louisiana Recovery Authority where he has been one of the LRA's most active members. Governor Bobby Jindal re appointed Leger and he now serves as Vice Chairman. He also serves as Chairman of the Louisiana Land Trust. Leger became well known as the co host with Garland Robinette of a weekly WWL radio show on hurricane recovery issues.

8 He testified before a U.S. Senate Sub Committee on Disaster Recovery whose participants included Louisiana Senator Mary Landrieu, Senator Joseph Lieberman, and then Senator Barack Obama. Leger has appeared on behalf of the homeowners of Louisiana before five Congressional and Senate committees and sub committees and met numerous times with Senate and House of Representatives staff and committee staffs, including the Appropriations and Finance committees, and with U.S. Senators, Congressmen, and editorial and news staff of the New York Times, Washington Post, USA Today, Boston Globe, Los Angeles Times, and Associated Press. He has also made appearances on ABC, NBC, CBS, FOX, CNN, PBS, LPB and numerous local and national television and radio stations.

9 Corey L. Maze Special Deputy Attorney General, State of Alabama Education Undergrad: Auburn University (1999) Law School: Georgetown University (2003) Experience: Alabama Attorney General's Office (2003 Present) Criminal Prosecutor ( ) Prosecuted 6 capital murder trials and 100's of criminal appeals Solicitor General ( ) Argued 3 cases before US Supreme Court and numerous cases in 11th Cir. and AL Supreme Court Complex Civil Litigation (2010 Present) State's Lead attorney in MDL 2179 / AL vs. BP, et al

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11 Steven L. Roberts, Partner 1001 Fannin Street Suite 3700 Houston, TX Office: Steve Roberts has 35-plus years in courtrooms litigating energy, commercial, international insurance, maritime and professional services matters. Recognized nationally for his litigation, insurance and maritime knowledge, Steve tries cases in state and federal courts at both the trial and appellate levels. Steve concentrates much of his practice on complex legal issues surrounding offshore drilling rigs, platforms and vessels of all types including, most recently, representation of the drilling contractor involved in the BP Macondo Oil Spill litigation. Related Practices / Industries Litigation Energy Litigation Environmental Regulatory & Compliance Maritime & Shipping Insurance Class Action Defense Crisis Management Bar Admissions Texas Steve represents both plaintiffs and defendants in commercial lawsuits, including shareholder disputes, breach of contract, fraud, qui tam and intellectual property controversies. His experience also includes matters involving offshore oil and gas deferred and lost production, downhole blow-outs and other energy sector casualty claims, congressional and administrative regulatory matters. Before receiving his undergraduate degree, Steve served as a communications specialist in the U.S. Navy Submarine Service. After completing active duty, he served in the Reserves until While in college, Steve was a correctional officer for the Texas Department of Criminal Justice. Experience Sutherland resolves $32 million volcano eruption case for Lloyd's underwriters. Sutherland resolved a case for underwriters at Lloyd's involving business interruption and property damage claims in excess of $32 million caused by the eruption of Mt. Redoubt in Alaska. Sutherland guides drilling contractor through litigation, crisis management and regulatory inquiries following the Deepwater Horizon oil spill. Sutherland has represented Transocean Offshore Deepwater Drilling Inc. s legal responses in cases and investigations arising from the 2010 oil spill in the Gulf of Mexico. Sutherland represents client in oil rig insurance dispute. ATLANTA AUSTIN GENEVA HOUSTON LONDON NEW YORK SACRAMENTO WASHINGTON, DC

12 Steven L. Roberts continued Sutherland represented a client in a $400 million insurance coverage dispute and rigs-toreef applications in Louisiana and Texas after five rigs sunk in hurricanes. Awards and Rankings Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of insurance law ( ) Selected as a Texas Local Litigation Star by Benchmark Litigation ( ) Named to The Best Lawyers in America in the areas of admiralty & maritime law and personal injury litigation defendants ( ) Selected for inclusion among Texas Super Lawyers ( , ) Professional Activities Member, American Bar Association Member, State Bar of Texas Member, Houston Bar Association Member, International Association of Drilling Contractors Member, College of the State Bar of Texas Member, Texas Association of Defense Counsel Member, Maritime Law Association of the United States Former Member, Admiralty and Maritime Committee Personal Injury Committee, Maritime Law Association of the United States Member, Southeastern Admiralty Law Institute Member, National Advisory Committee of the Tulane Admiralty Law Institute Member, Planning Committee of the University of Texas Admiralty Law Symposium Adjunct Professor of civil trial advocacy, University of Houston Former Co-Editor, Longshore Section, Maritime Adviser s Maritime Personal Injury Report Member, Houston Mariners Club Founder and Board Member, Archway Academy Founding Member, Cornerstone Recovery Presentations The Oilfield in a Post-Macondo World (Multiple presentations) Texas Insurance Law: A Deepwater Horizon Litigation Update & Discussion of Choice of Law Issues (January 2014) Old Library, London Oil Pollution and Environmental Concerns, Procedural Challenges, Emergency Response and Cooperation with Investigations: Lessons Learned and Analyzing Continuing Fallout from Recent Incidents (February 27, February 28, 2013) American Conference Institute s National Forum on Defending and Managing Admiralty & Maritime Litigation ATLANTA AUSTIN GENEVA HOUSTON LONDON NEW YORK SACRAMENTO WASHINGTON, DC

13 Steven L. Roberts continued Deepwater Horizon Update (September 27, 2011) International Association of Claim Professionals (IACP) 2011 Annual Conference International Association of Drilling Contractors (IADC) Contracts & Risk Management Conference (October 13, 2010) Compliance Panel (October 29, October 30, 2008) IADC Contracts & Risk Management Conference (IADC) Contracts & Risk Management Conference Hurricanes Katrina and Rita: Ill Winds Blow Through the Offshore Oil and Gas Industry (November 2006) IADC Conference 2006 Revisions to the Consequential Damages: Provisions of the IADC Standard Contracts (November 2004) 2004 IADC Contracts & Risk Management Conference Settling the Claims of Injured Workers: The Maritime Minefield (September 2004) 13th Annual Admiralty and Maritime Law Conference Education J.D., University of Houston Law Center B.S., summa cum laude, Sam Houston State University ATLANTA AUSTIN GENEVA HOUSTON LONDON NEW YORK SACRAMENTO WASHINGTON, DC

14 Duke Williams received his B.A. degree in history in 1974 from Loyola University of the South in New Orleans, LA. After graduation he joined the U.S. Navy and attended the Aviation Officer Candidate School program at Naval Aviation Schools Command in Pensacola, FL. After being commissioned and receiving his wings, he spent an operational tour with Patrol Squadron Four stationed at Naval Air Station Barbers Point, Hawaii. He then returned to Loyola and obtained his Juris Doctor degree in He started his legal career at the law firm of Phelps, Dunbar, Marks, Claverie & Sims where he became a partner in In 1991 he began his own firm and has since been engaged primarily in representing plaintiffs in litigation involving environmental torts and maritime and aviation casualties. He is a past president and member of the Executive Committee of the Louisiana Association for Justice, a member of the Montana Trial Lawyers Association, the New Orleans, Terrebonne, Federal and Fifth Circuit Bar Associations, and serves as a member of the board of directors of the National Center for Appropriate Technology and the Montana Wildlife Federation. He is currently a member of the Plaintiffs Steering Committee in MDL-2179.

15 PHILLIP A. WITTMANN is a partner at the law firm of Stone Pigman Walther Wittmann L.L.C. He concentrates his practice in commercial litigation, class actions, toxic tort, and products liability matters. He has extensive trial experience and maintains an active litigation practice. Mr. Wittmann is a frequent lecturer at seminars conducted by the Louisiana State and New Orleans Bar Associations, Tulane University, and Louisiana State University on trial practice topics. He has served as a member of the Civil Rules Advisory Committee of the Judicial Conference of the United States, and the House of Delegates of the Louisiana State and American Bar Associations. He is a Past-President of the New Orleans Bar Association and a Fellow of the American College of Trial Lawyers, the American Academy of Appellate Lawyers and the International Society of Barristers. He also served as Chairman of the Louisiana State Board of Legal Specialization and is a former Chairman of the Louisiana State Bar Association Continuing Legal Education Committee. Mr. Wittmann is the 2008 recipient of the Louisiana State Bar Association's Curtis R. Boisfontaine Trial Advocacy Award and the 2010 recipient of the Louisiana Bar Foundation's Distinguished Attorney Award. He has been named to The Best Lawyers in America in the field of business litigation since its initial publication. He has been named to Chambers USA in the field of general commercial litigation. He has also been named to Louisiana Super Lawyers. He received his J.D. degree in 1961 from Tulane Law School where he earned Order of the Coif and Law Review Honors v.2

16 Bench Bar Conference 2014 Summary Judgment: Current Trends and Recent Developments The Hon. Lance M. Africk, United States District Court - EDLA The Hon. James T. Genovese, Louisiana Court of Appeal - 3rd Circuit The Hon. Madeleine M. Landrieu, Louisiana Court of Appeal - 4th Circuit Representative Neil C. Abramson, Louisiana House of Representatives Stephen H. Kupperman, Barrasso Usdin James M. Williams, Gauthier Houghtaling & Williams April 5, am 10:30 am Beau Rivage Resort and Casino Biloxi, Mississippi

17 Lance M. Africk received a Bachelor of Arts and Laws degree from the University of North Carolina at Chapel Hill in 1973, and his Jurist Doctorate degree from the University of North Carolina Law School at Chapel Hill in 1975, where he served as governor of the student bar association, a judge of the moot court board, and as a member of the Order of Barristers, a national moot court honorary society. Following a clerkship with the Honorable James Gulotta of the Louisiana Fourth Circuit Court of Appeal and several years in private practice, Judge Africk served as an Orleans Parish assistant district attorney and as the Chief of the Career Criminal Bureau for the Orleans Parish District Attorney s office from 1977 to He also served as an Assistant U.S. Attorney and the Chief of the Criminal Division for the United States Attorney s office in New Orleans from 1982 to I n , h e w a s appointed a United States Magistrate Judge for the Eastern District of Louisiana. On April 17, 2002, he was confirmed as a United States District Judge for the Eastern District of Louisiana. Judge Africk has authored articles in the area of criminal law and civil procedure and he has served as a lecturer at the FBI Academy as well as numerous law schools. Judge Africk has served on the faculty of the National Institute for Trial Advocacy and he has lectured at numerous programs including those presented by the National Association of Criminal Defense Lawyers, U.S. Attorney General s Advocacy Institute, American Bar Association, Federal Bar Association, and Louisiana State Bar Association. Judge Africk is an adjunct professor of law at Tulane University Law School. Judge Africk is also a member of the Allstate Sugar Bowl s executive board and he served as president of that organization. He is a former member of the Board of Directors of the March of Dimes and Federal Bar Association. Judge Africk currently serves as chairman of the Eastern District of Louisiana criminal law committee. Judge Africk also currently serves on the 5 th Circuit Committee on Criminal Pattern Jury Instructions. Judge Africk was appointed by Chief Justice Rehnquist to the Judicial Conference Committee on Criminal Law and he was reappointed to that committee by Chief Justice Roberts, his term ended on October 1, He was inducted into the Louisiana Justice Hall of Fame in July, 2011.

18 BIOGRAPHY Genovese, James T. Jimmy Family: Born August 24, 1949; educated in and lifelong resident of Opelousas, St. Landry Parish, Louisiana. Married to Martha Janes, father of four daughters and one stepdaughter, and grandfather of two. Education: High school diploma from the Academy of the Immaculate Conception (AIC) in Opelousas, Louisiana B.S. degree from Northwestern State University in Natchitoches, Louisiana Juris Doctorate from Loyola University in New Orleans, Louisiana. Legal Background: 21 years as a trial attorney in south Louisiana; past President, Vice-President and Secretary-Treasurer of St. Landry Parish Bar Association; Louisiana Bar Association member; Colorado Bar Association member; American Bar Association member; admitted to the bar in all state and federal courts in Louisiana; also admitted to the bar in the state of Colorado and the United States Supreme Court. Judge Ad Hoc of Opelousas City Court from Louisiana State District Court Judge from Louisiana Third Circuit Court of Appeal Judge from 2005-present. Panelist/Speaker/Lecturer at conferences and continuing education seminars on Recent Updates, Professionalism, Ethics, Summary Judgment, and Practices and Procedures of the Louisiana Third Circuit Court of Appeal. Currently serving on the Third Circuit Court of Appeal Information Technology Committee, Costs Committee, Security Committee, Building Committee, and Continuity of Operations and Emergency Preparedness Committee. Currently serving on the Louisiana Supreme Court s Judicial Council Appellate Court Work Point Values Working Group. Currently serving on the Louisiana Supreme Court s Trial Court Committee to Review the Need for Judgeships and as Chairman of its Long-Term Subcommittee.

19 MADELEINE M. LANDRIEU is a 1987 Graduate of Loyola University Law School where she was a member of the Law Review, Moot Court Board and The Law Clinic. Upon graduation from law school, she joined the law firm of Gainsburgh, Benjamin, David, Meunier & Warshauer and became a partner in that firm in During the 14 years of her practice, she served the Bar and legal community in many capacities, including serving as Chair of the New Orleans Pro Bono Project and as member of the Louisiana Bar Foundation's IOLTA Grants Committee. In 1998, she received the Louisiana State Bar Association s Pro Bono Publico Award and the Young Lawyers Section Pro Bono Award. In 2001, Judge Landrieu was elected Judge for the Civil District Court in Orleans Parish. In 2002, Judge Landrieu received the Michaelle Pitard Wynne Professionalism Award from the Association of Women Attorneys and the Gillis Long Poverty Law Center s Public Service Award. In 2009, she received the President s Award from the Louisiana State Bar Association. She is the immediate past President of the Louisiana District Judges Association and is a member of the Bar Foundation Board. Judge Landrieu was \ elected to the Fourth Circuit Court of Appeal for a term beginning January 1, 2012.

20 Neil C. Abramson Shareholder, New Orleans (504) fax (504) PRACTICE AREAS: Aviation, Toxic Tort and Environmental Litigation Business Litigation Maritime, Oilfield and Insurance Product Defense EDUCATION: Paul M. Hebert Law Center, Louisiana State University, J.D., 1992 Order of the Coif Editor-in-Chief, Louisiana Law Review Dartmouth College, B.A., 1989 BAR ADMISSIONS: Louisiana, 1992 Neil Abramson is a shareholder in the firm's New Orleans office. His practice includes the areas of toxic torts, class action litigation, insurance coverage and defense litigation, maritime personal injury, and products liability. Since 2008, Mr. Abramson has served as the State Representative for the 98th District of Louisiana. Prior to his public service, he was an attorney with Phelps Dunbar and served as a judicial clerk for The Honorable Frank J. Polozola, U.S. District Court for the Middle District of Louisiana. Recent Representative Matters: Representation of numerous chemical manufacturing companies in defense of class action cases involving the release of various chemicals. These incidents generally result in thousands of individual claims for personal injury, property damage, business interruption, and inconvenience. Representation of domestic and foreign insurance companies in defense of Hurricane Katrina claims, including issues involving the water damage exclusion, Valued Policy Law (VPL), and adjustment practices. Representation of oil and gas companies in legacy suits involving claims of property and groundwater contamination. Representation of petroleum corporation in defense of tort and maritime personal injury and property damage claims, including long-term, occupational chemical exposures. Also provided counseling on oilfield indemnity and insurance coverage matters. Representation of nationwide retailer in defense of personal injury and property damage claims in the State of Louisiana. Representation of insurance company in defense of a statewide class action by policyholders asserting breach of contract, detrimental reliance, and unjust enrichment claims. Representation of insurance company in defense of a suit by a Louisiana legislatively-created body asserting claims for breach of statutory obligations and fraud. Representation of insurance companies in defense of direct action claims by plaintiffs asserting coverage for property damage and personal injury claims involving residential and commercial construction, including defective design allegations and water and mold damage. Representation of dock and terminal owner in defense of two class action cases arising out of separate releases of crude oil fumes. These cases involve several thousand individual claims for personal injury, property damage, and inconvenience. Representation of recreational watercraft manufacturer in defense of maritime personal injury and products liability claims. Also represents company in defense of claims for rescission of sale and property damage. Representation of railroad company in defense of three class action cases involving claims for personal injury, property damage, business interruption, inconvenience, and environmental damage. The first case involved potential claims by twenty thousand individuals and businesses arising out of the derailment of a train containing hazardous material. The second case involved claims by a nationwide group of employees for alleged chemical exposure in the workplace. The third case involved claims for alleged exposure to hazardous substances by residents living near a soilblending facility on railroad property.

21 Representation of chemical manufacturer for toxic tort, class action, occupational exposure, and asbestos cases. Representation of dock and vessel owner in defense of maritime personal injury and property damage claims. Representation of vessel operators in defense of maritime personal injury and property damage claims. Representation of an office products manufacturer in defense of product liability/personal injury claims involving allegations of manufacturing defects and failure to warn. Representation of the local professional hockey team, in defense of personal injury and premises liability claims. Representation of corporate owner of local restaurant franchise on matters involving personal injury, property damage, insurance coverage, and contract counseling. Representation of international product manufacturers in product liability litigation involving serious personal injuries. HONORS & AFFILIATIONS: Louisiana Super Lawyers, Louisiana State Bar Association New Orleans Bar Association American Bar Association, Tort Trial and Insurance Practice Section, Toxic Tort and Environmental Law Committee (Vice-Chair) Bar Association of the Fifth Federal Circuit Louisiana State Law Institute, Legislative Appointment by Speaker of the House Louisiana Association of Defense Counsel State Representative for District 98, 2008 to date House Civil Law Committee, Chairman; Louisiana Hurricane Recovery Committee; Louisiana Legislative Audit Advisory Council, former member; Hurricane Katrina Memorial Committee, former member World Trade Center of New Orleans Fleur de Lis Ambassador for the City of New Orleans Audubon Nature Institute Unity of Greater New Orleans

22 Stephen H. Kupperman is a founding member of Barrasso Usdin Kupperman Freeman & Sarver, L.L.C. Steve concentrates in the fields of class actions and complex litigation, commercial litigation, contract disputes, securities litigation and enforcement, and appeals. He has been recognized by Best Lawyers in the fields of Bet The Company Litigation, Commercial Litigation, and Securities Litigation and by Chambers USA in the field of General Commercial Litigation. Outside of his practice, Steve has been an active participant in both professional and community organizations and has taught as a member of the adjunct faculty at the Tulane University Law School for more than twenty five years.

23 James M. Williams, Sr. Gauthier, Houghtaling, & Williams, LLP 3500 N. Hullen Street Metairie, Louisiana T: F: Civil litigation practice which concentrates on catastrophic personal injury and business litigation. One of the first seven lawyers inducted into New Orleans CityBusiness Hall of Fame. Member of Million Dollar Advocates Forum. Former judge pro tempore for Orleans Civil District Court; youngest judge in the state. Past President of Greater New Orleans Louis A. Martinet Legal Society. New Orleans Chamber of Commerce Board. Vice President, New Orleans Bar Association. The Louise S. McGehee School Board of Trustee. Former law clerk of Louisiana Supreme Court Chief Justice Bernette Johnson. Former adjunct professor, Tulane University. J.D. degree, Washington & Lee University School of Law.

24 Bench Bar Conference 2014 Class Actions & Complex Litigation The Hon. Michael G. Bagneris (ret.) The Hon. Stanwood R. Duval, Jr., United States District Court - EDLA Judy Y. Barrasso, Barrasso Usdin William B. Gaudet, Adams and Reese Fred L. Herman, Law Offices of Fred L. Herman Soren E. Gisleson, Herman Herman & Katz April 5, :40 am 12:10 pm Beau Rivage Resort and Casino Biloxi, Mississippi

25 JUDGE STANWOOD R. DUVAL, JR. Stanwood R. Duval, Jr. was sworn in as United States District Judge for the Eastern District of Louisiana on October 31, His official duty station is New Orleans, Louisiana. Judge Duval received a B.A. degree in 1964 from Louisiana State University and a J.D. degree in 1966 from LSU Law School. From 1966 until his appointment to the federal bench, Judge Duval practiced law in Houma, Louisiana, as a partner with Duval, Funderburk, Sundberry & Lovell, L.L.P. Additionally, during those years he was Assistant City Attorney from 1970 to 1972 and the Parish Attorney for the Terrebonne Parish Consolidated Government from 1988 to Judge Duval served as a member of the Indigent Defender Board from 1976 to 1982 and was an elected delegate to the Louisiana Constitutional Convention

26 of 1973 (member, Committee on Executive Branch) and elected to Committee to Write Rules of Procedure. Judge Duval was a Member of the Advisory Committee on Appellate Rules of the Judicial Conference of the United States Courts, , the Council of the Louisiana Law Institute, , and the Fifth Circuit Judicial Council, He was also President of the Tulane Inns of Court, , and is on the Board of Directors of Covenant House of New Orleans, a non-profit corporation which provides aid to homeless adolescents, 2001 to date.

27 Judy Y. Barrasso Judy Y. Barrasso is a founding member of the law firm of Barrasso Usdin Kupperman Freeman & Sarver, L.L.C., a New Orleans litigation firm ranked among the top litigation firms in Louisiana. Her practice focuses on commercial litigation, and includes complex commercial litigation matters and class actions involving insurance coverage and bad faith, director and officer liability, securities fraud, and commercial matters. Ms. Barrasso was recognized by Chambers USA Client's Guide as one of the "Outstanding Litigators in the State", by Benchmark Litigation as a Litigation Star, and by the Diversity Journal as among 200 corporate executives deemed Women Worth Watching. She is ranked by Chambers USA as one of the top commercial litigators. She was recognized as among the top ten lawyers in the State of Louisiana by Super Lawyers and by Lawdragon as among the Lawdragon 500 Leading Litigators in America. She is a Fellow of the American College of Trial Lawyers and a Fellow and Member of the Board of Governors of the International Society of Barristers. She also has been named as one of the Best Lawyers in America since In addition to her practice, Ms. Barrasso regularly teaches as an adjunct professor at Tulane Law School, the Louisiana Association of Defense Counsel Trial Academy, and at continuing legal education programs throughout the United States. She previously served as a board member and then chair of the Louisiana Attorney Disciplinary Board from She was also appointed by the United States District Court for the Eastern District to the initial Seven-Member Attorney Disciplinary Committee. Ms. Barrasso also is actively involved in professional and civic activities. She was a Young Leadership Council Role Model in 2004, New Orleans CityBusiness Top 50 Lawyers in New Orleans in 2005, CityBusiness Women of the Year in 2001, and a YWCA Role Model in She presently serves as a Commissioner for the New Orleans Downtown Development District and a member of the boards of the New Orleans Bar Association and the Anti-Defamation League. She previously served on the Board of Directors of the Pro Bono Project, Summerbridge, and Dress For Success _1

28 We all think we are great lawyers, but what it always comes down to is reputation; when it is reported back to you that federal and state judges have complimented you to others as being a great lawyer, that says it all. William B. Gaudet Partner Litigation Practice Group Leader Litigation william.gaudet@arlaw.com New Orleans P F William Billy Gaudet joined Adams and Reese as a clerk in 1979 and became an Associate in Now a Partner who leads the complex/class action practice across all offices, Billy often acts as an advisor or mentor on litigation and strategic issues to other lawyers in the firm. Starting his career in maritime law on behalf of the oil and gas industry, Billy now has a diverse complex/class action litigation practice that includes consumer fraud claims, securities, health care, environmental claims, federal discrimination claims, ERISA, commercial disputes, civil RICO and fiduciary breaches. Billy is listed in Louisiana Super Lawyers - Business Litigation His significant contributions include: RELATED INFORMATION Main Bio Press Releases Media Mentions Announcements PRACTICE AREAS Litigation Class Action / Complex Litigation Commercial Dispute Resolution Energy Environmental INDUSTRIES Energy EDUCATION Loyola University New Orleans College of Law, J.D., 1982 Tulane University, B.S., 1979 Acting as lead trial counsel in local, state and federal courts in the southeastern United States and beyond. His roles have covered all aspects of class action and complex litigation, from negotiating class action settlements to acting as national coordinating counsel and trial counsel. Representing many Fortune 500 companies in a variety of class actions, serving on defendant liaison committees and heading up the defense group trial team. Litigating many oil and gas property and production issues at the trial court and appellate court levels. Litigating and trying commercial disputes. Representing retail distributor in nationwide class action settlement and litigating in nationwide class action cases, alleging antitrust violations. Billy has been a member of the firm s Executive Committee and currently serves as one of the firm s Litigation Practice Group Leaders. In the community, he has served as President of the Executive Board of Big Brothers/Big Sisters of Southeast Louisiana. BAR ADMISSIONS Louisiana Texas PROFESSIONAL MEMBERSHIPS / AFFILIATIONS American Bar Association Bar Association of the Fifth Circuit Big Brothers/ Big Sisters of Southeast Louisiana - Past President Defense Research Institute Federal Bar Association Louisiana Association of Defense Counsel Louisiana State Bar Association Legislative Committee New Orleans Association of Defense Counsel New Orleans Regional Leadership Association Alumni Association - Executive Board Texas State Bar Association Loyola University Law School Alumni Association - Board of

29 Directors OTHER DISTINCTIONS AV Peer Review Rated by Martindale-Hubbell Best Lawyers - Mass Tort Litigation Louisiana Super Lawyers - Business Litigation Litigation Counsel of America - Fellow 2014 Adams and Reese LLP - New Orleans, LA

30 ALABAMA FLORIDA LOUISIANA MISSISSIPPI SOUTH CAROLINA TENNESSEE TEXAS WASHINGTON, DC

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35 FRED L. HERMAN Fred L. Herman graduated from Loyola University School of Law in He was a partner with the law firm of Herman, Herman, Katz & Cotlar through 1987, a civil litigation and general civil practice firm. He established the Law Offices of Fred L. Herman in 1987, with a special emphasis on litigation, business transactions and alternative dispute resolution. He has recovered 10's of millions of dollars in personal injury and property damage claims. He has served as plaintiff's and defense counsel in class action litigation. He served as Chief Negotiator for Tom Benson for the acquisition of the NFL - New Orleans Saints. He also served as legal advisor to Rob Couhig in his sale of the New Orleans Zephyrs minor league baseball franchise. He is a Lecturer at Loyola University School of Law, Skills Curriculum, and was on the Tulane School of Law Trial Advocacy Faculty. He has served as judge pro tempore in First City Court. He has been an arbitrator and mediator in over 300 civil disputes. He is a member of the ADR Section of Louisiana State Bar Association, Louisiana Trial Lawyers Association and American Trial Lawyers Association as well as the American Arbitration Association and the American Healthcare Lawyer's Association. Litigation Experience and Practice Highlights Mass Joinder and Class Actions Trial Counsel for Sewell Cadillac Chevrolet Inc.; LADA ad valorem tax class action litigation, Alfred Ghoram, et al v. LADA, Inc., et al, Civil District Court for the Parish of Orleans, No Trial Counsel for Sewell Cadillac Chevrolet; Miscellaneous Service Charge class action litigation. Willie Harrison, Jr., et al v. Sewell Cadillac Chevrolet, Civil District Court No c/w Counsel to Special Master, Casey Billieson, et al v. City of New Orleans, et al, Civil District Court for the Parish of Orleans, No Discovery Master and Class Certification Hearing Officer, Civil District Court for the Parish of Orleans - Toxic Tort Class Action; Litigation - See La. R.S. 13:4165, et seq., Harvey Term Litigation, CDC Proceeding No and all consolidated cases Court Appointed Mediator, Cell Phone Litigation. Claudia Fontenot, et al v. Telecorp Communications d/b/a Suncom, USDC Western District, No

36 Discovery Master in asbestos litigation, Civil District Court for the Parish of Orleans, Herbert and Shirley Naquin v. Asbestos Defendants, No th Trial Team, Oubre v. La. Citizens Insurance, 24 Judicial District Court for the Parish of Jefferson, No Lead counsel for Oubre Objectors in class action, Orrill, et al v. AIG, Inc., et al, Civil District Court for the Parish of Orleans, No Co-counsel for the City of New Orleans; In Re: Deepwater Horizon, MDL Co-counsel for the Edward Wisner Donation; In re Deepwater Horizon, MDL General Litigation Judge Pro Tempore - First City Court, New Orleans, Louisiana Presiding Arbitrator - John Smith v. John Doe (medical malpractice litigation). Conducted under the authority of La. Revised Statute 9:4230 et seq. (arbitration of medical disputes) Mediator of Various Civil Disputes - approximately 650 hours as a mediator and arbitrator Hearing Officer - In Re: Dr. Doe v. ABC Hospital (appointed through American Healthcare Lawyer's Association) Arbitrator - American Healthcare Lawyer's Association - Health Insurer ABC v. XYZ Hospital Corporation (Ongoing $70 million reimbursement claim) General Counsel to Tom Benson and Chief Negotiator for the Purchase of the New Orleans Saints from John Mecom. General Counsel to New Orleans Zephyrs Investment Group in connection with the sale of the New Orleans Zephyrs Baseball Club. Trial Co-Counsel to the Heirs of Joseph R. Hingle, Re: Liquidation of Plaquemines Oil Sales Corp., Civil District Court for the Parish of Orleans. Counsel to Liquidator; In re: Manheim Antiques Partnership Former Special Counsel to the Board of Tax Assessors for the Parish of Orleans Former Special Counsel to the City Council of the City of New Orleans

37 Current General Counsel to Dale N. Atkins, Clerk of Court for the Civil District Court for the Parish of Orleans. Trial counsel for Dale N. Atkins, Clerk of the Civil District Court for the Parish of Orleans in the matter of Atkins v. Bank One, et al, Civil District Court No Trial Counsel for the City of New Orleans in the matter of C.R. Pittman Construction Co. vs. City of New Orleans, et al, Civil District Court No Special Counsel to Leon A. Cannizzaro, Orleans Parish District Attorney - civil matters current. Court appointed counsel to Regular Baptist Church No.2, James LeBlanc, et al v. Regular Baptist Church, Inc., et al, 24th Judicial District Court for the Parish of Jefferson, No Special Counsel to supervise the election of Board of Trustees of the Church. Special Master, Civil District Court for the Parish of Orleans, Terri Barrack, et al v. J. F. Day & Co., No Special Master in real estate and partnership dispute, Civil District Court for the Parish of Orleans, David Bernberg, et al v. Stephen Barry, No Special Master in intellectual property dispute, Civil District Court for the Parish of Orleans, TGT Soft Corporation v. Elizabeth Dimitri, No Expert Witness, Kentrisha Davis, et al v. Jazz Casino Company, LLC., Civil District Court for the Parish of Orleans, No Expert Witness, Allied Van Lines, et al v. Fairfield Ins. Co., United States District Court, Eastern District of Louisiana, No Expert Witness, Olivier Plantation, LLC, et al v. Parish of St. Bernard and Lake Borgne th Levee District, 34 Judicial District Court for the Parish of St. Bernard, No Co-trial counsel in Whistle Blower Litigation. Overton v. Shell Oil Company, et al, Civil District Court for the Parish of Orleans, No Co-Trial Counsel for the Parish of St Bernard, Hurricane Katrina Claim. St. Bernard Parish Government v. Continental Casualty Company, USDC Eastern District No

38 EDUCATION May 1975 Loyola University School of Law - Juris Doctor May 1972 Tulane University - Bachelor of Arts MEMBERSHIPS American Arbitration Association American Healthcare Lawyers Association Academy of Court Appointed Special Masters Louisiana Banker's Association Bank Counsel Section New Orleans Bar Association Louisiana State Bar Association (LSBA) Louisiana Trial Lawyers Association Association of Trial Lawyers of America Judge Pro Tempore First City Court New Orleans Judicial Liquidator; Special Master for Civil District Court, Orleans Parish PRO BONO Lawyer's Assistance Program of the LSBA Fund Raiser for the Jewish Children's Service Board Member and Counsel to the Chevra Thilim Jewish Burial Rites Cemeteries Arbitrator/Mediator Panelist LSBA Fee Dispute Resolution Program Graduation Speaker for the 24th JDC Drug Court Program

39 Bench Bar Conference 2014 Ethics: Let s Get Quizzical Sharonda R. Williams, City of New Orleans The Hon. Robin D. Pittman, Criminal District Court William D. Aaron, Jr., Aaron & Gianna Jordan D. Huck, Louisiana Disciplinary Board April 6, am 10 am Beau Rivage Resort and Casino Biloxi, Mississippi

40 Sharonda R. Williams is the City Attorney for the City of New Orleans. Prior to her current position, Ms. Williams was a partner at Sher Garner Cahill Richter Klein & Hilbert, where her practice focused on commercial litigation and construction litigation. Ms. Williams also practiced in the intellectual property group of the law firm of Kilpatrick Stockton in Atlanta, Georgia. Ms. Williams is a 2001 cum laude graduate of Loyola University New Orleans College of Law, where she was a member of the Law Review and the president of the Board of Advocates trial academy. Ms. Williams is active in numerous professional and civic organizations, including the New Orleans Bar Association, the Louisiana Association of Black Women Attorneys, Association for Women Attorneys, Federal Bar Association, Louisiana Bar Association, Louisiana Bar Foundation, and Bridge House/Grace House.

41 JUDGE ROBIN D. PITTMAN Judge Robin D. Pittman, a native New Orleanian, has been serving as Judge for Orleans Parish Criminal District Court, Section F, since January of Judge Pittman graduated cum laude from Loyola University New Orleans where she received a Bachelor of Arts in December In May 1996, Judge Pittman received a Juris Doctorate from Loyola University New Orleans School of Law. Prior to taking the bench, Judge Pittman served as an Assistant District Attorney, a Deputy Disciplinary Counsel with the Office of Disciplinary Counsel, and an associate in the litigation section with the firm of Baldwin Haspel Burke & Mayer, just to name a few positions. Judge Pittman enjoys a number of professional affiliations including memberships in the American Bar Association, American Judges Association, National Bar Association, Louisiana Judicial Council, Criminal Law Section of the Louisiana State Bar Association, Louisiana District Judges Association, National Association of Women Judges, New Orleans Bar Association, Fourth and Fifth Circuit Judges Association, Bar Association of the Fifth Federal Circuit, Louisiana Association of Black Women Attorneys and Bar Association of Black Women Attorneys. Also, Judge Pittman successfully completed the 2012 Louisiana Judicial Leadership Institute. Moreover, she was appointed to the Louisiana Judicial College Board of Governors as well as the Loyola University New Orleans College of Law Alumni Board of Directors, effective August Judge Pittman continues to serve the legal profession as a Continuing Legal Education instructor in Ethics and Professionalism. Judge Pittman is the recipient of both civic and business awards including the YMCA Role Model Award, the New Orleans City Business Power Generation Award, an honoree for the 2010 Community Action Hero Award for Total Community Action, Inc., and was named as an honoree for the 2011 CityBusiness Leadership in Law Award for her work with the youth in this community. Judge Pittman was commended by the Metropolitan Crime Commission for having the best overall judicial efficiency ranking for Criminal District Court and Court Watch NOLA also commended Judge Pittman for taking the bench in a prompt manner. Judge Robin Pittman is married and has two children. She takes time out of her schedule to visit the area s public and private schools and the schools under the Recovery School District, speaking to the youth of New Orleans on the importance of education, respect for others, consequences of their actions, and on the criminal justice system in an effort to deter our youth from a life involving crime.