oct2016 atb magazine v6

October 20162 Around the Bar

1 8 t h A n n u a l “Belly Up with the Bar” Entry Form

C o o k - o f f & B r e w f e s t

Event takes place Friday, Oct. 28, 2016 The 18th Annual “Belly Up with the Bar” is a cook-off, brewfest and outdoor party with live music—sponsored by the Young Lawyers

Section of the Baton Rouge Bar Association. Proceeds from this event will benefi t the BRBF’s Youth Education Program. Team and individual entries are welcome. Judges will select winners in a variety of categories. Advance general admission tickets are $30 per adult, $25 per law student, $12 per child ages 12 to 17, and FREE admittance to children ages 11 and under. Prices at the door are $35 per adult or law student, and $12 per child, so buy ’em now!

LOCATION: Live Oak Arabians, 6300 Jefferson Hwy., Baton Rouge, LA 70806 in the sheltered arena.

DATE: Friday, Oct. 28, 2016, 5 p.m. - 9 p.m. — mark your calendars NOW!

WHO CAN ENTER: Anyone who’s willing to cook and serve enough to feed / water our local bar. The entry fee — $150 per team (up to 5 members per team) — gets you:

(1) in the door to try all the fabulous food and drinks (2) all the beer you care to drink, and (3) the chance to show off your culinary talents

THINGS YOU’LL NEED TO BRING: • Enough food to serve roughly 500 “sample size” portions • Any cooking / heating / brewing equipment necessary to serve your entry • A team of no more than 5 members • A sign to indicate what you’re making • Serving bowls (serving size), cups or plates THINGS WE’LL PROVIDE: Forks and spoons; beer, live music . . . and fabulous prizes

ENTRY FORM — PLEASE FILL OUT THIS FORM AND FAX IT TO: (225) 344-4805 OR MAIL IT ASAP To: Baton Rouge Bar Association, ATTN: YLS, P. O. Box 2241, Baton Rouge, LA 70821. Registration deadline: ASAP.

(CHECKS SHOULD BE MADE PAYABLE TO “BRBF - BELLY UP WITH THE BAR.” CREDIT CARD INFORMATION CAN BE PROVIDED BELOW.)

TEAM NAME: __________________________________________

TEAM CAPTAIN’S NAME: __________________________________________

CAPTAIN’S LAW FIRM: __________________________________________

CAPTAIN’S MAILING ADDRESS: __________________________________________

CAPTAIN’S CITY/STATE/ZIP: __________________________________________

CAPTAIN’S CONTACT NUMBER: __________________________________________

CAPTAIN’S EMAIL ADDRESS: __________________________________________ WHAT YOU’LL BE SERVING: __________________________________________

FOR “BELLY UP WITH THE BAR” TICKET INFORMATION, PLEASE CONTACT THE BRBA: (225) 344-4803.

Credit Card Information: Type of card: (circle one) MC VISA AmExp Discover

Name on card: ___________________________________________________________

Exp. Date: _________________________ Security code: ______________________

Credit card number: _______________________________________________________

Signature: ______________________________________________________________

*If you are unable to participate or attend, but you wish to make a donation for the BRBF’s

award-winning Youth Education Program, please make your check payable to the BRBF.

_____________

SPONSORS:HORNE, LLP

Arthur J. Gallagher & Company

Davoli Mediation Services

Davoli and Krumholt

Gilsbar

Laura and Phil Witter

Live Oak Arabians

Storywood Band

Total Care Injury and Pain Centers

Hannis T. Bourgeois, LLP

FindLaw, a part of Thomson Reuters

Postlethwaite & Netterville

Baton Rouge Beer Agency

Coca-Cola Bottling Company United

Downtown Duplicating LLC

Louisiana Health & Injury Centers /

Dr. Michael J. Goff

Mark D. Plaisance, Attorney at Law

Guinn Auction Company

_____________

October 2016 Around the Bar 3

On the cover:

Members of the Belly Up with the Bar Committee are shown in front of the stables at Live Oak Arabians, 6300 Jeff erson Hwy. The Belly Up with the Bar event will be held 5-9 p.m. Friday, Oct. 28, 2016.

Photographed are (L to R) Druit Gremillion, Josh McDiarmid, Jennifer Racca, Trey Tumminello, Robert Savage, Loren Fleshman (YLS Council liaison), Ben Anderson (past chair), Michael Schillage (vice chair) and Marcus Plaisance (2016 Belly Up with the Bar Committee chair).

Cover photography by Pamela Labbe.

insideOCTOBER 2016

4 Contributors

5 Letter from the president “Every four years” BY JEANNE C. COMEAUX

8 Attorney spotlight “Interview with Cody C. Passman” BY JOSEPH CEFALU III

10 Gail’s grammar

11 “Maximize your fi rm’s productivity through ability testing”

12 “Is it time for a federal right-of-publicity claim?” BY KATHRYN DUFRENE

14 Bar news

17 “Legislative update” BY C. KEVIN HAYES

20 “Baton Rouge Bar member’s legal research website becomes his passion”

21 Foundation footnotes

22 West’s Jury Verdicts


AROUND THE BAR supports participation of the membership in its production. We encourage the submission of articles and letters to the editor. Articles should be less than 1,800 words, typed and single-spaced. A Word fi le should be emailed as an attachment to: [email protected].

For advertising information call Pamela Labbe at 225-214-5560. Display ads should be high-resolution attachments (.PDF), and classifi ed ads as text only. Please email all ad artwork to [email protected]. Publication of any advertisement shall not be considered an endorsement of the product or service involved. The editor reserves the right to reject any advertisement, article or letter.

Copyright © by the Baton Rouge Bar Association. All rights reserved. Reproduction in whole or part without permission is prohibited. To request permission or for more information, contact Pamela Labbe at 225-214-5560 or [email protected].

contributors

Gail S. Stephenson, an assistant editor of Around the Bar, is the director of legal analysis and writing and the Louisiana Outside Counsel A.A. Lenoir

Endowed Professor at Southern University Law Center.

All Rights Reserved • Copyright ©2016

Published by the Baton Rouge Bar AssociationP. O. Box 2241, Baton Rouge, LA 70821

Phone (225) 344-4803 • Fax (225) 344-4805 • www.brba.org

The Baton Rouge Bar Association will be the beacon for the full spectrum of the legal profession by fostering professional courtesy;

increasing the diversity of the bar and the participation of under-represented groups; maintaining a sound fi nancial base; enhancing

and developing member services and community outreach; and promoting and improving the image of the profession.

OFFICERSJeanne C. Comeaux, President ....................................381-8051Karli G. Johnson, President-elect ................................389-3704Linda Law Clark, Treasurer .............................................346-8716Amy C. Lambert, Secretary ............................................381-0283Robert J. Burns Jr., Past President ...............................767-7730

DIRECTORS AT LARGEShelton Dennis Blunt Melissa M. CressonLauren Smith Hensgens Christopher K. JonesMelanie Newkome Jones David Abboud Thomas

EX OFFICIOSDanielle Clapinski • Kara B. Kantrow • Robin Krumholt

Eric Lockridge • Jodi Bauer Loup • Matthew Meiners Judge Pamela Moses-Laramore • Anne Richey MylesDebra Parker • Michael Platte • Michelle Sorrells

ABA DELEGATE Preston J. Castille Jr.

BANKRUPTCY SECTIONEric Lockridge ............................................................................Chair

BUSINESS/CORPORATE LAW SECTIONMichael Platte ......................................................................Co-chairMatthew Meiners ...............................................................Co-chair

CONSTRUCTION LAW SECTIONJodi Bauer Loup ........................................................................ChairCharles Hardie .................................................................. Past chair

FAMILY LAW SECTIONAnne Richey Myles ...................................................................ChairJennifer M. Moisant ......................................................Chair-electVincent Saffi otti .................................................................SecretaryJoanna B. Hynes ............................................................... Past chair

PUBLIC LAW PRACTICE SECTIONDanielle Clapinski .....................................................................ChairChristopher K. Odinet .................................................... Past chair

WORKERS’ COMPENSATION SECTIONRobin L. Krumholt .............................................................Co-ChairDebra T. Parker ....................................................................Co-ChairMichelle M. Sorrells ...........................................................Co-ChairJudge Pamela Moses-Laramore ...................................Co-Chair

YOUNG LAWYERS SECTION OFFICERSKara B. Kantrow, Chair .....................................................769-7473Loren Shanklin Fleshman, Chair-elect ......................223-6333Francisca M. M. Comeaux, Secretary .........................376-0216Scott M. Levy, Past Chair ................................................299-3059

YOUNG LAWYERS SECTION COUNCIL

BATON ROUGE BAR ASSOCIATION STAFFAnn K. Gregorie, Executive Director 214-5563Kelsie Bourgeois, Executive Assistant 344-4803Donna Buuck, Youth Education Coordinator 214-5556Caroline Cooper, Pro Bono Coordinator 214-5558R. Lynn S. Haynes, Asst. Teen Court Coordinator 214-5564Robin Kay, Pro Bono Coordinator 214-5561Susan Kelley, Offi ce Manager 214-5559Pamela Labbe, Communications Coordinator 214-5560Carole McGehee, Lawyer Referral Coordinator 214-5557Julie Ourso, Bookkeeper 214-5572

PUBLICATIONS COMMITTEE

Editor: Ed Walters — 236-3636

Asst. Eds.: Joseph J. Cefalu III — 381-3176 Grant J. Guillot — 346-1461 Gail S. Stephenson — 771-4900, ext. 216 Art Vingiello — 751-1751

Graphic Design / Ad Sales: Pamela Labbe — 214-5560

John McLindonChristopher K. OdinetGracella SimmonsRebecca WisbarJeff Wittenbrink

Katherine DampfKathryn DufreneMelissa M. CressonRachel L. EmanuelJohn Fenner

Ashley N. ButlerJordan FairclothErin Sayes Kenny

Vincent P. ForniasGreg GounerLexi HolingaDianne M. IrvineDale Lee

Joseph J. Cefalu III, an associate with Breazeale, Sachse & Wilson, LLP,is an assistant editor of Around the Bar.

C. Kevin Hayes of Hayes Strategic Solutions is a seasoned lobbyist and a contributing writer.

Jeanne C. Comeaux, a partner in the Baton Rouge offi ce of Breazeale, Sachse & Wilson, LLP, is the 2016 president of the Baton Rouge Bar Association.

Chelsea Gomez CaswellKellye R. Grinton

Volunteer writers are needed to submit substantive legal articles for publication in future Around the Bar issues.

Contact Pamela Labbe at [email protected] 225-214-5560 for more information.

Pamela Labbe is the communications coordinator of the Baton Rouge Bar Association.

Kathryn Dufrene, an associate at Shows, Cali & Walsh, LLP,is a member of the Publications Committee.

FridFriday, Oct. 21ay, Oct. 21A Jeans Day eventA Jeans Day event

to benefi t the to benefi t the PRO BONO PROJECTPRO BONO PROJECT

of the of the BATON ROUGE BATON ROUGE

BAR FOUNDATIONBAR FOUNDATIONJoin the Baton Rouge area

law fi rms and other workplaces Friday, Oct. 21, as they participate in the 5th annual GEAUX CASUAL FOR PRO BONO event to support

the BRBF Pro Bono Project.

Geaux Casual Geaux Casual for Pro Bonofor Pro Bono

NATIONAL CELEBRATE NATIONAL CELEBRATE PRO BONO WEEK:PRO BONO WEEK:

Oct. 23-29, 2016Oct. 23-29, 2016Questions?

Contact Caroline Cooper at [email protected]

or 225-214-5558.

CORRECTION: In a previous issue, Around the Bar incorrectly printed that Saul Newsome of Breazeale, Sachse & Wilson, LLP, is a partner, when he is actually an associate. We regret this error.


letter from the presidentBY JEANNE C. COMEAUX Every four years

Jeanne C. Comeaux

Every four years, a presidential election comes along, and, invariably, I have to take a refresher course on the Electoral College. For the life of me, I cannot permanently retain the reasons for its existence and the basics on how it works. For those of you who suffer with the same affl iction, this is your primer.

At the Constitutional Convention of 1787, our Founders struggled with the method by which we would elect our chief executive offi cer. The goal was to elect a strong and able chief, independent of the infl uence of Congress. They batted around numerous ideas, including election by direct popular vote, appointment by the Senate and/or the House of Representatives, appointment by various state leaders and, fi nally, election by a group of competent “electors.” James Madison’s group favored the

democratic process of direct popular vote, while George Mason’s cohorts believed that the general public lacked the capacity or intelligence necessary to choose a president, and also worried that the sheer size of our nation would hinder the ability of the voting public to learn enough about the contenders to cast an intelligent vote. Others, including Alexander Hamilton, favored the use of electors from each state who “possess[ed] the information and discernment” to make an informed decision. Ultimately, the elector method was chosen and included in the Constitution in Article II, subsequently tweaked by the 12th and 23rd Amendments. From the outset, the Founders barred the ranks of Congress or those in federal governmental service from becoming electors to make sure that the electors were free from infl uence or possible corruption by the federal government.

Each state is entitled to a number of electors that refl ects the total number of its representatives and senators. No matter the size or population of a state, each is allotted two electors refl ective of the two senators allotted to each state.

Having two “Senate” electors for each state was, and is, seen as an equalizer of power between small and large states. Three electors were subsequently allotted to the District of Columbia via the 23rd Amendment. After a centennial census is taken, the number of electors is adjusted to refl ect changes, if any, in the number of representatives each state is allotted as a result. According to the 2010 census, the Electoral College is currently made up of 538 electors (435 representatives and 100 senators, plus three from the District of Columbia). Louisiana has eight electors. It currently takes 270 Electoral College votes to win the offi ce.

Each state decides how its electors will be chosen, and the vast majority chooses its electors by popular vote. On the Tuesday after the fi rst Monday in November of an election year, U.S. citizens actually cast their votes for the electors of the candidates, not for the candidates themselves. Electors were (and ostensibly, are) free to cast their votes for the candidate they discerned to be the best.

By 1796, political parties had formed, and greatly infl uenced the way the Electoral College operated. Electors became loyal to their parties and uniformly cast their votes for their parties’ candidates. It basically remains this way today. Some electors, however, have strayed from their parties’ candidates and cast their votes for non-party alternatives. These electors became known as “faithless” or “unfaithful” electors, even though most constitutional scholars maintain that the electors were meant to be free agents who would vote for the most able candidate, regardless of party affi liation. Faithless electors have never swayed the outcome of an election, and have been few and far between.

The entire process is laid out in our Constitution, as amended. The Constitution is silent on how the electoral votes should be awarded: winner-take-all (General Ticket) or split among the voting districts of the state according to the popular vote in the various districts (District System). Forty-eight states and the District of Columbia award all of their electoral votes to the party candidate with the most popular votes, while Nebraska and Maine award votes per the District System. The main complaint about the General Ticket method is that it magnifi es the margin of victory for the winner, while totally negating the votes cast in favor of their runner(s)-up, even though it may have been a really close race.

Sometime in mid-December after the November general election, the electors of each state meet


separately in their respective states to offi cially cast their votes. The electors are intentionally kept from meeting with the other states’ electors to deter collusion and coercion. The election results are then endorsed and sent to the Vice-President (as President of the Senate), the state’s Secretary of State, the Archivist of the United States and the federal judge presiding over the district where the electoral votes were cast. On Jan. 6 of the following year, both Houses of Congress meet to offi cially count the votes and declare the winners. If no candidate receives a majority of electoral votes, the House of Representatives elects the President from the three candidates who received the most Electoral College votes, and the Senate elects the Vice-President from the two candidates with the most Electoral College votes.

We all remember the chaos surrounding the 2000 Bush-Gore election. Gore received 50,996,582 popular votes to Bush’s 50,456,062, but received only 266 Electoral College votes to Bush’s 271. How could this happen? Remember, only two states allot their respective Electoral College votes to multiple candidates according to district voting totals. All of the others, including the District of Columbia, award all of their Electoral College votes to the winner of the popular vote, no matter how slim the margin of victory. For example, if California’s 55 Electoral College votes all go to a candidate who wins by a 50.1 percent to 49.9 percent margin, one can see how the popular vote and electoral votes could get out of

whack. This has only happened four times in our history.There is tension between large and small states as

to which is helped or hindered by the Electoral College system. Some say it is a check on the power of large states, and offer the following example. Per the 2010 census, the ten largest states by population are California, Texas, New York, Florida, Illinois, Pennsylvania, Ohio, Michigan, Georgia and North Carolina, in that order. The combined population of these states is 166,755,220. The total population of the U.S. in 2010 was 308,745,538. If the President were instead elected by popular vote of 51 percent of the population, he or she would need 157,460,225 votes, less than the population of the ten largest states combined. Objectors contend that the candidate’s attention would be focused only on the most populous states, to the detriment of the majority of the remaining states in this country.

Large states complain that the Electoral College increases the voting power of the individual resident in a small state. Here is the argument, couched in terms of 1990 census data: California had 29,760,021 residents and 54 electoral votes, or 551,000 people per elector. Wyoming, on the other hand, had three electoral votes and a population of 453,588, or 152,000 people per elector. A Wyoming resident would, therefore, arguably enjoy 3.6 times the voting power of a citizen in California.

Needless to say, the Electoral College is a controversial topic, especially in election years. There has been much


discussion about doing away with the Electoral College all together, and there have been numerous failed attempts to do just that. From the fi rst days of our Union and up to the present, men and women far smarter than I have tried to come up with a different, fair and effective way to choose our president. Perhaps Alexander Hamilton said it best in 1788 when writing Federalist Papers, No. 68, concerning the Electoral College, noting that “if the manner of it be not perfect, it is at least excellent.” With all due respect, Mr. Gore would disagree.

SOURCES“U.S. Electoral College: Frequently Asked Questions,” www.archives.gov. National Archives and Records Administration, n.d. Web. Aug. 8, 2016.

Goldstein, Joel K. “Update on Law-Related Education.” American Bar Association, 20.3, 1996, pp. 34-36, n.d.

“U.S. Elections.” United States Department of State, Bureau of International Information Programs.

Neale, Thomas H. “The Electoral College: How it Works in Contemporary Presidential Elections.” The Library of Congress, Congressional Research Service, Sept. 8, 2003.

“Letter: Electoral College is needed to help small states be as important as larger states.” www.deseretnews.com. Deseret News. Oct. 31, 2012.

Le, Tony. “Unfairness of the Electoral College System Revealed.” www.tech.mit.net.edu. The Tech Online Edition, MIT. Mar. 20, 1991.

Hamilton, Alexander. Federalist Papers, No. 68. “The Mode of Electing the President.” New York Packet. Mar. 14, 1788.

TEEN COURT OF GREATER BATON ROUGE

needs attorneys to volunteer toassist with the program.

To fi nd out more, contact Donna Buuck at 225-214-5556 or [email protected]

or R. Lynn Smith Haynes at 225-214-5564 or [email protected].

S AV E T H E D AT E :S AV E T H E D AT E : BATON ROUGE BAR ASSOCIATION

CLE BY THE HOUR 2016

6 DAYS OF CLE AVAILABLE IN DECEMBER:

12/7, 12/8, 12/15, 12/16, 12/29 & 12/30.

Call 225-344-4803 for more information.


ATB: Tell us about your education.

CP: I completed my undergraduate degree at LSU. I then attended Ole Miss for law school. As an LSU fan, my tenure at Ole Miss pushed my loyalties to their limits. I never realized just how much animosity there was toward LSU fans until my LSU hat was knocked off my head shortly after entering “The Square” my fi rst week in Oxford.

ATB: Where are you from?

CP: I was born and raised in Baton Rouge.

ATB: Where and what type of law do you practice?

CP: I solely practice Social Security disability law for Myler Disability. The fi rm is based out of Lehi, Utah. I work from home and travel to administrative hearings.

ATB: Are you involved with the BRBA?

CP: I am the current Pro Bono Committee chairman.

ATB: What motivated you to become involved with pro bono work?

CP: I was very fortunate to grow up in an extremely supportive family and community. Their support not only helped me to achieve a quality education but encouraged me to pursue a law degree. Pro bono work has afforded me an opportunity to be that support system for others and, in a way, “pay it forward.”

ATB: Tell us a little about the Pro Bono Committee.

CP: The BRBF Pro Bono Committee meets once a month to discuss the progress of clinics, pro bono cases and any legal issues relating to the underprivileged individuals that we serve. Also, the committee is constantly looking for new ways to engage the bar community and the community at large. For example, a legal fair will take place Oct. 1 at the Delmont Gardens Branch Library. The committee

plans to have speakers give short presentations on pertinent legal issues with opportunities for individuals to seek legal advice at specifi c topic booths.

ATB: Are their opportunities for attorneys in Baton Rouge to get involved?

CP: Of course. There are a number of ways to get involved with the Pro Bono Project. Attorneys can accept civil cases for pro bono representation in the practice areas of family law, Social Security (SSI/SSDI appeals), bankruptcy, wills and successions and consumer fi nance. Some of the pro bono clients we serve have medical issues that yield a legal component such as landlord/tenant or housing

issues, the need for Social Security benefi ts and custody issues. Attorneys can also volunteer their time at one of three outreach clinics or join the Pro Bono Committee.

The three clinic programs include the Ask-A-Lawyer, Thirst for Justice and Self-Help Resource Center. Each requires a two-hour donation of time. The Ask-A-Lawyer and Thirst for Justice clinics are advice oriented. Those in need of general legal counseling and advice can show up and ask the “on duty” attorney any questions related to civil law only. We do not handle criminal matters through any of the programs associated with the Pro Bono Project. If the open-forum format for legal advice is too daunting, volunteering at the Self-Help Resource Center may be a better fi t.

The Self-Help Resource Center is located at the Family Court of East Baton Rouge on the fourth fl oor of the 19th JDC. The volunteer attorney is there to simply supervise and notarize, not advise. Typically, law students are present with a BRBA staff member to assist individuals with the completion of forms (e.g., petition for divorce, custody and child support modifi cation, etc.). No legal advice is given at the Self-Help Resource Center, only general legal information. Thus, attorneys do not need to practice in the area of family law to volunteer for the Self Help Resource Center.

Signing up to volunteer is easy. Attorneys can sign up to volunteer by following the links located in the weekly

Interview withCody C. Passman

attorney spotlightBY JOSEPH CEFALU III

Cody Christopher Passman


BRBA e-newsletter and the Pro Bono section of the BRBA website (www.brba.org).

ATB: What are your leisure activities?

CP: I enjoy playing softball and golf, kayak fi shing, listening to music and spending time with friends.

ATB: Favorite sport to watch? Play?

CP: LSU football is my favorite sport to watch. My favorite sport to play is softball. While softball does not seem as physical a sport as football, I have managed to catch a ball with my face, break a fi nger and consistently

sustain brush burns to my arms and legs. For some reason, I keep going back.

ATB: What is the best piece of advice you have received?

CP: At a young age, my dad told me “Son, if you do not listen to a thing I say, please live by the words of Lynyrd Skynyrd’s ‘Simple Man’ and I will consider my job as a father a success.” The song stresses the importance of being honest with yourself above all else. While a simple message, it is the best advice I have received to date.

ATB: What is one thing you wish you would have known before you went to law school?

CP: I wish I would have known that it was okay to take time off in between undergrad and law school. In retrospect, I believe I could have used the extra time to mature and prepare for another challenging three years of schooling.

ATB: Tell us something interesting about yourself.

CP: My guilty pleasure is backyard bird watching. About a year ago, I bought my fi rst bird feeder and bird house.

Volunteer writers needed to submit substantive legal articles for publication

in future Around the Bar issues.

Contact Pamela Labbe at [email protected] or 225-214-5560.


News reporters must have spent a lot of time watching track and fi eld events at the summer Olympics; their new favorite word seems to be hurdle, as in an obstacle or diffi culty to be jumped or surmounted. Lately, though, some writers have confused hurdle with a similar-sounding word, hurtle, which means to rush violently or to clash. I hope I don’t have to read another article about Leonard Fournette hurdling down the fi eld, unless he is actually jumping over the defenders. One way to remember the difference is that people are likely to get hurt if they get in the way of someone or something that is hurtling.

EXAMPLES:The rising water hurtled down Old Hammond Highway. Louisianans are thankful that they have hurdled the many diffi culties in recovering from the August 2016 fl ooding.

Send suggestions for future Gail’s Grammar columns to Gail Stephenson at GStephenson@

sulc.edu, or call Gail at 225.771-4900 x 216.

GAIL’S GRAMMARVOLUNTEERS ARE NEEDED TO HELP WITH A MONTHLY

LAW CLUBFOR YOUTH IN

THE GARDERE AREA.

To volunteer or for more information, please contact Lynn S. Haynes

at [email protected] or 225-214-5564.

The “Future Legal Eagles” law club is funded by a grant from the South Burbank Crime

Prevention and Development District.


If you’ve ever thought about how the members of your team could be more productive in their work, engaging in an exploration of unique abilities of each attorney in your fi rm could be the answer. The Highlands Ability Battery is a self-assessment test that provides information about not only what each lawyer knows and can do, but also about how each lawyer processes information, solves problems, makes decisions and communicates with others. Local career coach and former director of the LSU Olinde Career Center Mary Feduccia offers a unique opportunity for professional development by giving fi rms a mechanism to most effectively recruit talent, assign cases, build effective teams, improve communication and maximize client services, all in the interest of enhancing effi ciency and successful results.

The online Battery is a performance-based series of short tests that yield comprehensive information about the individual. Based on the perception that people are born with natural abilities that can be measured at maturity, the Ability Battery assesses innate abilities as

they are being utilized. Using 19 individual work samples timed to measure the speed and ease with which a person is able to do a particular series of tasks, the customized Lawyer Report provides data that tells us whether a lawyer prefers to:• Focus on facts and data or on people and their

emotions;• Solve problems logically, intuitively or experientially;• Make decisions analytically or deductively;• Work in a structured or unstructured environment.

Results also shed light on a lawyer’s talents for leadership and for client development. Law fi rms can use this information in a variety of ways: to develop professional development programs and in-house CLE programs; to counsel junior associates in the selection of appropriate career paths; to help midlevel lawyers become effective mentors and managers; and to assist new partners in building strong skills in the development of clients and in their knowledge of the law.

In addition to its value to law fi rms, the Highlands Ability Battery is an ideal instrument to be used on an individual basis by lawyers and law students to gain a comprehensive understanding of how they function most effectively. Armed with such knowledge, individuals are directed toward the types of law and legal settings that will best capitalize on their unique pattern of abilities. Natural abilities are important to understand when making decisions about a career as a lawyer. Having a thorough knowledge of one’s innate abilities can help identify the practice area and work environment in which one is likely to feel most comfortable, based on how new information is learned most easily, and how problems are solved and decisions are made.

Contact Mary Feduccia at [email protected] or at 225-939-0360 for more information.

Maximize your firm’s productivity through ability testing

October 201612 Around the Bar October 201612 Around the Bar

It’s election season again, and you know what that means! No, it’s not an unexpected scandal that a candidate has been hiding.

Election season has become synonymous with recording artists and songwriters objecting to the use of their music in association with the candidates. While politicians have been using popular songs in their commercials for quite some time, it has become customary for politicians to use the works of musicians to build morale and excitement on the campaign trail as well.1 The fi rst time such an objection arose in modern history was when President Ronald Reagan requested to use Bruce Springsteen’s “Born in the U.S.A.” in his reelection campaign.2 Though Springsteen objected and President Reagan complied,3 Springsteen’s reaction sparked the new normal: Today, artists actively speak out against politicians who use their music without their permission.4

Since Springsteen spoke up, these types of claims have become more popular; most politicians are not as thoughtful as President Reagan was in 1984 and fail to ask for permission to use the songs played on their campaign trail. Mostly notably, Sen. John McCain received cease-and-desist letters from Jackson Browne, the Foo Fighters, Van Halen, John Mellencamp and Abba (to name a few) for using their music at political rallies during his presidential run in 2008.5 And of course, Donald Trump has also received his fair share of warnings from recording artists, including Adele, Steven Tyler, Neil Young, and most recently, Queen, during the course of his own campaign.6

Every major election season, the same story arises: musicians and songwriters don’t want to be associated with the candidate who is using their music and struggle to fi nd appropriate and effective avenues by which to address their disapproval. Most often, artists issue cease-and-desist letters, and the politicians ultimately comply, whether out of respect for the artist’s political views or just to avoid controversy at any cost. Other times, the artist will sue the politician or his campaign, but more often than not, the matter is settled out of court.

Because there has been very little judicial resolution on the matter, there is no end in sight to this saga. Artists do not have many legal options to challenge the use of their music, few of which have ever been tested in court, and those that have been tested in court do not often end in the artist’s favor. Artists can turn to copyright law, but this law is most favorable to the politician. Many songs are included within general licenses that are issued to venues by performing rights organizations (PROs) such

as the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI),7 whose main purpose is to license non-dramatic8 musical works on behalf of copyright owners as well as monitor the public performance of those works.9 As long as the venue at which the politician is speaking, or the campaign itself, purchases rights through one of these PROs, they have access to all songs covered by that PRO; therefore, copyright claims rarely survive.

Artists have also turned to the Lanham Act. Under the Lanham Act, an artist’s trademark or brand is protected from false endorsement, or the implication that the artist supports the politician who is playing his or her music.10 In order to prove such a claim, the musician or songwriter must show two things: (1) that he or she has a mark in the song, and (2) that the act of playing that song at a live political rally would create a likelihood of confusion regarding the artist’s association with that politician.11 Likelihood of confusion branches from one of the main functions of trademarks: to provide protection for producers against a loss in sales and/or a ruined reputation12 due to consumer confusion. However, in order for a party to have a viable trademark claim, the mark in question must fi rst be used in the sale of goods and/or services13 or have “an economic interest . . . akin to that of” a trademark owner,14 which expands the applicability of the Lanham Act to distinctive characteristics of a singer such as his or her physical appearance or even the voice.15

It is clear that a musical composition itself will not be acknowledged as a mark;16 to determine such would be the functional equivalent of claiming that a product itself (the song) may operate as its own trademark.17 On the other hand, artists might be successful in trademarking their personas. Astrud Oliveira sued Frito-Lays for using her song in the background of a Frito-Lays commercial without her knowledge or approval.18 The court ultimately determined that Oliveira’s interest in the song could not be afforded protection under the Lanham Act.19 Although others before Oliveira were successful in their claims of false implied endorsement, the district court found that Oliveira failed to state a claim under the Lanham Act because “the use of her song has not taken her persona.” This suggests that if a song were to take on the persona20

of the artist who performed or wrote it, it would be protected.

Lastly, and perhaps the most viable of all of the artists’ options lies under state law: a right of publicity claim. Generally, a common law right of publicity protects “any person whose name, portrait, picture, or voice is used

Is it time for a federal right-of-publicity claim?Is it time for a federal rig

October 2016 Around the Bar 13October 2016 Around the Bar 13

within this state for advertising purposes or for purposes of trade without written consent.”21 In order for the plaintiff-musician to prevail with this cause of action, the musician must prove that (1) the politician used his or her identity; (2) the appropriation of musician’s name or likeness was to the politician’s advantage; (3) the musician did not give his or her consent for such use; and (4) the musician suffered an injury as a result.22 One of the more successful claims came from none other than Bette Midler. In Midler v. Ford Motor Co., Midler brought various claims against Ford, including a California state law right-of-publicity claim for the use of a Bette Midler “sound-alike” in one of Ford’s commercials.23 While neither her name nor picture was used in the commercial, Midler claimed that numerous people told her that the voice on the commercial sounded exactly like her recording of “Do You Want to Dance.”24 The district court found in favor of Ford, but on appeal, the Ninth Circuit reversed, stating, “A voice is as distinctive and personal as a face.”25 Of course, this case involves the use of Midler’s voice in a commercial context; it remains to be seen whether a similar theory would apply to use at a campaign event.

However, not all states have a right-of-publicity cause of action and some states, like New York, require a very high standard of proof. Louisiana does not have a common law right-of-publicity claim at all. Additionally, binding legal precedent for any of these claims is hard to come by, as few claims ever make it to trial. Many politicians agree to stop playing the song or settle out of court with the musician. According to Jon Landeau, many artists are confl icted with expressing their distaste at all, as any action at all merely drums up more publicity for the politician.26 If the likelihood of confusion gets too strong, however, many artists resort to attacking the politician on social media and are then forced to walk the fi ne line between tastefully expressing their displeasure at the use of their song and defamation suits.27 Given the limited availability of recourse to these singers and songwriters, it is time for a federal right-of-publicity claim.

Musicians and songwriters are some of the most prominent people in pop culture, and whether we like it or not, they are infl uential. The party national conventions are the perfect example: they are headlined by endorsements and enthusiastic speeches from celebrities. Some researchers say that a celebrity’s association with a candidate can boost attendance at rallies, increase fundraising and create a buzz in the media, the latter of which is especially important for the younger generation.28 Artists deserve to be protected from being associated

with politicians, or anyone or anything else for that matter, against their wishes. Where federal copyright and trademark is lacking, a federal right of publicity claim could close the gap and fi nally give musicians the relief they seek, and the voters would no longer have to wonder if Adele really just endorsed Donald Trump’s presidential run.

1 See Matthew J. Cursio, Born to Be Used in the USA: An Alternative Avenue for Evaluating Politicians’ Unauthorized Use of Original Musical Performances on the Campaign Trail, 18 Vill. Sports & Ent. L.J. 317 (2011).2 Eveline Chao, Stop Using My Song: 35 Artists Who Fought Politicians Over Their Music, Rolling Stone (July 8, 2015), http://www.rollingstone.com/music/lists/stop-using-my-song-34-artists-who-fought-politicians-over-their-music-20150708.3 Though President Reagan did not play the song at his campaign event, he did quote it in a speech. Id. 4 Id.5 Id.6 Id.; see also Eriq Gardner, Donald Trump Receives Legal Threat Over Use of Aerosmith’s “Dream On,” The Hollywood Reporter (Oct. 11, 2015, 7:38 AM), http://www.hollywoodreporter.com/thr-esq/donald-trump-receives-legal-threat-831233; Jeremy Diamond, Adele: Donald Trump Doesn’t Have Permission to Use My Music, CNN.COM (Feb. 6, 2016, 12:35 PM), http://www.cnn.com/2016/02/01/politics/adele-donald-trump-music/.7 Michelle Lin, Keep on Rockin’ in the Free World: Trademark Remedies for Musicians, 93 J. Pat. & Trademark Off. Soc’y 98, 99, 101 (2011).8 Non-dramatic performances of songs are those that do not include staging or choreography. Generally, either the musician or a performing rights society licenses this type of performance. See Lin, 93 J. Pat. & Trademark Off. Soc’y at 101.9 Lin, 93 J. Pat. & Trademark Off. Soc’y at 101.10 15 U.S.C. 1125(a).11 Lin, 93 J. Pat. & Trademark Off. Soc’y at 100.12 Cursio, 18 Vill. Sports & Ent. L.J. at 330.13 Id. at 331 n.90.14 Id. at 337.15 Id.16 See EMI Catalogue Partnership v. Hill, Holliday, Connors, Cosmopulos Inc., 228 F.3d 56, 63 (2d Cir. 2000).17 See Oliveira v. Frito-Lay, Inc., 251 F.3d 56 (2d Cir. 2000).18 Id. at 59.19 Oliveira, 251 F.3d at 62.20 Oliveira, 251 F.3d at 62.21 See N.Y. Civ. Rights Law § 51.22 See White v. Samsung Electronics America, Inc., 971 F.2d 1395, 1397 (9th Cir. 1992).23 Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988).24 Id. at 461–62.25 Id. at 463.26 Steve Knopper, Why Politicians Keep Using Songs Without Artists’ Permission, Rolling Stone (July 9, 2015), http://www.rollingstone.com/politics/news/why-politicians-keep-using-songs-without-artists-permission-20150709.27 Id.28 Jennifer Skalka Tulumello, Do Celebrity Endorsements Make a Difference?, The Boston Globe (Oct. 14, 2015), https://www.bostonglobe.com/news/politics/2015/10/14/celebrity-endorsements-make-difference/jzWS9SIGEOfFtROb7NExII/story.html.

Is it time for a federal right-of-publicity claim?ght-of-publicity claim? BY KATHRYN DUFRENE


Support the BRBF through the AmazonSmile

Want to support the Baton Rouge Bar Foundation? The BRBF has joined the AmazonSmile program and Amazon will donate 0.5 percent of the price of your eligible AmazonSmile purchases to us. It’s easy for you to participate by simply logging in to http://smile.amazon.com to shop and at check out, select the Baton Rouge Bar Foundation as the charitable organization to whom you want to donate. Bookmark http://smile.amazon.com in your browser so that every time you shop, the BRBF will receive a donation!

Historic fl ooding in Baton Rouge sparks the cancellation of several Baton Rouge Bar events

The August 2016 fl ooding caused the cancellation of at least two major BRBA events. The annual Softball Tournament, which was scheduled one week after the historic fl ooding in Baton Rouge, was canceled. In addition, the newest fundraiser/event of the Baton Rouge Bar Foundation scheduled for Sept. 23, 2016 — ARTS Judicata — has been postponed until March 30, 2017.

If you would like to join the ARTS Judicata Committee, which was featured on the cover of the September Around the Bar magazine, please contact Donna Buuck at 225-214-5556 or [email protected].

Contribute to the Disaster Fund to assist lawyers in Louisiana whose offi ces and homes fl ooded

The Baton Rouge Bar Foundation established a Disaster Fund to assist all Louisiana attorneys whose offi ces and homes were fl ooded. The Disaster Fund will provide much-needed grants to Louisiana lawyers to assist them in the aftermath of the historic August 2016 fl ooding.

Your tax-deductible donation will help affected Louisiana lawyers who live and/or practice in one of the parishes qualifying for federal assistance as a result of the August fl ooding. A broad-based committee of lawyers from South Louisiana will review the applications and make decisions regarding grants.

If you are in a position to assist your colleagues in the legal community, we encourage you to donate online: https://secure.affinipay.com/pages/brba/foundation. Alternatively, you may mail your check made payable to the Baton Rouge Bar Foundation Disaster Fund to: Flood Relief 2016 Donations; Baton Rouge Bar Foundation; 544 Main St.; Baton Rouge, LA 70801.

bar newsBY PAMELA LABBE

The winner of the BRBA Bench Bar Conference raffl e, held Saturday, July 23, 2016, was Carroll Devillier (left). Thanks to Dudley DeBosier, sponsor of the prize package. All proceeds supported the Baton Rouge Bar Foundation.

A successful BRBA Bench Bar Conference was held at the Marriott Grand Hotel in July 2016

The BRBA held its annual Bench Bar Conference July 21-23, 2016, at the Marriott Grand Hotel in Point Clear, Alabama. The event, which was chaired by Carroll Devillier and Judge Guy Holdridge, offered 12.5 hours of CLE credit. New to this year’s event was a judges’ meeting and reception held on Wednesday, July 20, 2016.

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BRBA President Jeanne C. Comeaux (right) and Leo C. Hamilton, a BRBA past president, sang “Hold On” during the Thursday night Bench Bar Conference activity July 21, 2016. The Tip Tops provided background vocals and music.

The Wednesday night welcome reception at the BRBA Bench Bar Conference attracted a large crowd July 20, 2016. Photographed above (L to R) are Judge Vanessa Whipple and her granddaughter; Judge Beau Higginbotham and his wife, Carrie Madge, with their sons; and Judge Toni Higginbotham and her twin grandsons.

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Next year, the Bench Bar Conference will be in Sandestin, Florida, at the SanDestin Hilton Resort July 27-29, 2017. For information about sponsorships, contact Ann K. Gregorie at [email protected] or 225-214-5563.

BRBA member presented President’s Awards during LSBA Annual Meeting in June

Hillar C. Moore III was presented with a President’s Award by 2015-16 Louisiana State Bar Association President Mark A. Cunningham and recognized for his services to the state bar association in during the June 2016 LSBA Annual Meeting. Moore, the district attorney for the 19th Judicial District Court in East Baton Rouge Parish, was recognized for his efforts in advancing the relationship between the LSBA and the Louisiana District Attorneys Association (LDAA). At the time he received the award, Moore was the LDAA president. He has worked in the criminal justice fi eld for more than 40 years.

The BRBA will be a ’WEEN DREAM Halloween costume drop-off location: Nov. 1- 4

The BRBA offi ce will again be a drop-off location for ’WEEN DREAM, where you can drop off a clean, gently used child’s Halloween costume to be recycled, sorted and matched to another child. Drop off your donation Nov. 1-4, between 9 a.m. and 4:30 p.m. at 544 Main St.

For more information about the program, contact Krystal Bellanger Rodriguez at 504-619-0131 or [email protected].

LRIS off ers opportunity to build clientele

The BRBA offers a Lawyer Referral and Information Service to aid the public in fi nding a lawyer. This not-for-profi t community service provides unbiased referrals based on lawyers’ qualifi cations and can benefi t lawyers who are members of the LRIS by providing them with the opportunity to build clientele. Last year the BRBA LRIS referred more than 3,000 callers requesting referrals to lawyers, which were made using criteria based on area of law and geographic preferences to provide a mutually benefi cial match for both the lawyer and the client. Contact Carole McGehee, program coordinator, at [email protected] or 225-344-9926 for more information.

Hillar C. Moore III


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The 30th Anniversary BRBA Law Expo / Fall Expo & Conference was held Thursday, Sept. 8, 2016, at L’Auberge Casino & Hotel Baton Rouge. H. Alston Johnson III presented his annual Legislative Update CLE seminar. Photographed are (L to R) Johnson, BRBA President Jeanne C. Comeaux and Law Expo Committee Chair William “Bill” Kirtland.

Special thanks to the Law Expo sponsors, including Postlethwaite & Netterville, APAC; FindLaw, a part of Thomson Reuters; Total Care Injury and Pain Centers; EATEL Business; Electronic Business Systems, Inc.; MAPS, Inc.; TWRU CPAs & Financial Advisors; Thomson Reuters; Campus Federal Credit Union; Quality Litigation Support, Inc.; Lewy Physical Therapy, Inc.; and MidSouth Bank.

Ann K. Gregorie accepted the Lexis Nexis Community Outreach Award for the 2015 BRBF Summer Youth Legal Institute. The award was presented during the ABA Conference in August 2016 in San Francisco.

Lynn S. Haynes (seated, center), coordinator of the Summer Youth Legal Institute, is shown with several of her 2016 summer camp law student volunteers. Photographed are (seated) Antoinette Harris, Haynes, Kywonna Drake; (standing) Draylan J. Gant and Needum Nina.

Gant (above) is a regular volunteer with the BRBA, a 3L at Southern University Law Center and a fellowship recipient of the Einsenhower Transportation Fellowship Program at Southern University and A&M College. In addition to pursuing his J.D., Gant is a law clerk at the fi rm Fenet Treadway Gaudin Lawyers.


Legislative update BY C. KEVIN HAYES

The 2016 Regular Session convened March 14, 2016, and adjourned sine die on June 6, 2016. It marked the fi rst general session under the John Bel Edwards’ administration and new Legislature. Prior to the Regular Session, a Special Session was held Feb. 14 to March 9 addressing the tremendous shortfall in the budget as tax measures had to be addressed in a Special Session as they were prohibited by the constitution during the Regular Session.

Our profession is impacted by every act passed by the Legislature, so it is my hope to provide some insight and fl avor to new laws impacting us and resources for you to review legislation and determine the impact of those bills on your practice.

During the Regular Session 1,644 bills were fi led, 1167 House bills and 477 Senate bills. Additionally, a total of 760 resolutions and study requests were fi led and 65 Constitutional amendments fi led, fi ve that will be submitted to the voters for approval on the November ballot.

Louisiana’s budget was in terrible shape heading into Fiscal Year 2016-2017, with a $2 billion shortfall of the amount needed to maintain the same level of

state services and was due to a combination of the use of one-time monies, decline in tax revenues, increased Medicaid enrollment and costs, and delayed payments in the Medicaid program. The legislature was able to raise approximately $1.2 billion in new revenues during the 2016 1st Extraordinary Session, with the largest component of that being a 1 percent increase in state sales tax. Despite these measures, the state still faced a shortfall of $750 million, which meant the focus during the Regular Session was to cut costs and reform spending.

Education legislation was hotly debated as the new administration sought to make changes to charter schools and the school voucher program, initiatives passed and re-enforced during the Jindal administration and both opposed by then-State Representative John Bel Edwards. However, the strong pro-reform House Education Committee blocked all attempts for such changes. Funding for kindergarten through 12th grade education was the subject of much discussion as there are over 690,000 students who attend Louisiana public schools with a per-student funding in excess of $12,000 when federal, state and local revenues are combined. Under the state constitution, BESE recommends to the legislature


a formula through a resolution; however, if nothing gets passed the formula reverts to the last properly approved formula. That was the case again this year as the Senate Education Committee rejected the BESE recommendation. Therefore, the funding will remain at the 2014 level as approved in SCR 55 from the 2014 Regular Session. TOPS is a comprehensive program of state merit scholarships for Louisiana kids; however, the cost of TOPS has grown from $54.5 million in 1998 to $297 for next academic year. The legislature passed SB 174, which will lock in the rate of the TOPS award. The bill requires legislative approval for future increases and increased the GPA requirements beginning in 2020.

Medical marijuana was discussed extensively during the 2016 Regular Session. In 1991, the legislature had legalized the use of marijuana for medical purposes; however, there was no means to dispense it. During 2016, the legislature passed SB 180 and SB 271, which expanded the medical conditions for which marijuana could be recommended by a physician and provided an exemption from criminal possession laws for patients and parents of patients with prescriptions or physician recommendations.

Numerous bills were fi led and passed addressing criminal justice reform in Louisiana. SB 324 addressed perceived inequities at the juvenile level. The “Raise the Age” legislation promotes the ability for young

offenders to have greater access to age-appropriate services and placement options. This new law will take effect in 2018. HB 802 addresses sentencing and parole for certain enumerated crimes of violence. The legislation creates a procedure for designating crimes of violence in court minutes for the purpose of determining a person’s eligibility for suspension of sentence and participation in a drug diversion program. The bill also decreases the amount of time a person convicted of a crime of violence is required to serve prior to becoming eligible for parole from 85 to 75 percent of the sentence imposed, and further authorizes the granting of parole by a two-thirds vote for persons convicted of a crime of violence when the offender meets certain qualifi cations. Two bills are worth discussing granting assistance in domestic violence cases. SB 320 requires courts to provide, where possible, designated seating separate and away from the defendant upon the request of any victim of a crime. HB 1155 allows a person with a protective order for abuse to obtain a temporary concealed handgun permit, which is authorized to be issued without required training for a 45-day period.

Indigent defense was again a hot-button topic with representatives of the LSBA, Criminal Defense Bar, District Attorneys Association, Sheriff’s Association and the governor himself conducting meetings throughout the session. State budget cuts, decreased revenue from traffi c


tickets and debate over how indigent funding is allocated have led to serious concerns for the funding of indigent services in Louisiana. In addition to seeking alternative criminal-justice-reform measures, the legislature passed several bills this session in an effort to resolve the problem facing indigent defense. HB 136, HB 617 and SB 406 all direct some dedication of court costs to indigent defense. HB 1137 reduced the number of members on the Public Defender Board and changed the makeup of the board. Additionally, HB 689 created local indigent defender boards in Breaux Bridge, Franklin, Jeanerette, Morgan City and New Iberia. HB 547 requires the Louisiana Supreme Court to develop a uniform form for determining the indigency of criminal defendants. Also, HB 809 provides indigent defense services for the appointment

of a curator for absent parents in child-in-need-of-care proceedings.

In keeping with legislation from past sessions, sex offenders and additional crimes and procedures garnered legislators’ attention. SB 70 prohibits sex offenders from engaging in door-to-door sales or solicitation. HB 1146 requires sex offenders to provide law enforcement with their static internet protocol address, an ISP designation assigned to specifi c computers. HB 992 extends registration requirements to those convicted of crimes against nature and lifetime registration for all third-degree rape convictions. HB 190 places strict limitations on who may access and view materials that are collected as evidence of the crimes of obscenity, video voyeurism and pornography involving juveniles. HB 556 extends the

time limit to fi le civil suits for sexual assault from two to three years. Additionally, the legislature passed HB 398, which mirrors criminal evidence rules to provide that a victim’s past sexual behavior and attire is not admissible in a civil action as evidence that the victim consented to the offense or encouraged it. HB 266, labeled the “Ban the Box” bill, bans criminal record inquiries on initial applications for state and local government jobs.

The 2017 Regular Session begins April 10, 2017, and must adjourn sine die on June 8, 2017. With another budget defi cit looming and a fi scal session/tax session awaiting, all eyes should be focused on how the tax measures will affect our profession and your clients. Information on legislative sessions and the bills mentioned in this article can be found at www.legis.la.gov.

MEETING ROOM FACILITIES AVAILABLE FOR DEPOSITIONS

& MEDIATIONS

BRBA members can reserve conference rooms for $50 per day ($25 per half day) per room. Non-members receive a rate of

$250 per day ($125 per half day) per room.Video conferencing is available

for an additional fee. To book space or for more information, contact

Kelsie at 225-344-4803 or [email protected].

544 MAIN ST. • BATON ROUGE, LA 70801WWW.BRBA.ORG


Eric Johnson is an attorney at the Baton Rouge offi ce of Porteous, Hainkel and Johnson. His passion, until he broke his ankle, was to run another marathon — this time in under three hours. After that broken ankle, he was suddenly an obsessive missing a compulsion. In time, Johnson found a new compulsion — his legal research website, CompQuantum.com.

CompQuantum.com is an advanced tool for quantum research that began as a plan to create a simple electronic delivery method for personal injury quantum results. But Johnson soon faced the same question entrepreneurs and inventors have all asked: “Why stop here?”

CompQuantum.com is a live, online research service that provides comprehensive data on thousands of cases. It provides fast, comprehensive quantum research, but not in the limited sense in which lawyers, judges and insurance claims professionals normally understand that term, Johnson said. Nearly every case in the system is presented with venue demographic data, names of associated judges and lawyers, links to related cases, the full text of appellate opinions and excerpts to injuries, treatment and damage assessment. Instant access to specifi c detail is the goal for every case included in the database.

Johnson said that “this is developing into a systematic treatment of law unlike anything else available online. Ironically, it is more closely aligned to the methods once used for research using those old things called books.” Johnson said he wants his site to bridge the gap between the printed page and cyberdata in such a way as to leverage the strengths of both.

Even the greatest tool is useless if it can’t be used; that’s where CompQuantum comes into its own. Fast and simple-to-use features translate beautifully on mobile devices.

Quantum research is the site’s core function. A few mouse clicks lead to layers of useful information. Every case is carefully deconstructed into relevant data points. Users are presented with multiple ways of plugging

into details that identify specifi c cases for further consideration. The advantages don’t end there. The full text of every case is available on the site. Many citations

and statutes are linked. Unlike the quantum options currently available in book form and online, CompQuantum also incorporates state and federal trial court judgments from cases that will never be taken up by the appellate courts. All of this information is available at CompQuantum.com without need to refer to other sources, Johnson said.

Research results can be found on a tablet or phone with less diffi culty than sending a text message. That apparently devastating, on-point case cited by your opponent in oral argument can be found, read and rebutted in seconds, all without leaving counsel table in the courtroom.

CompQuantum is set up to search for single-injury, two-injury and three-or-more-injury damage awards.

Multiple injury queries can include specifi c or general second and/or third options. Each damage award found is also marked with body part, treatment and injury description tags that help fi ne tune relevant selections from search results. This option is especially useful for fi nding unusual injuries or treatments.

CompQuantum’s database includes expert witness and physician databases, an issue reference and case and statute citation services.

“My hope is that this site becomes a valued resource for Louisiana litigators,” Johnson said. “I began college with an interest in journalism and never lost the desire to make a career of delivering news and information to the public. It took years, but I fi nally created a serious commercial product that does just that.”

Johnson said CompQuantum will continue to grow and improve. “Passion is absolutely necessary, but not suffi cient,” Johnson said. “You have to put the miles in, too. Standing still is falling behind.”

Back to that question: What is next? “We have today a set of tools, waiting to become a more complete system.”

Baton Rouge Bar member’s legal research website becomes his passion

James Eric Johnson


foundation footnotesPRO BONO & TEEN COURT REPORTS — JUNE & JULY 2016

The Pro Bono Project is fi nancially assisted by the Interest on Lawyers’ Trust Accounts (IOLTA) Program of the Louisiana Bar Foundation; Southeast Louisiana Legal Services; Franciscan Ministry Fund; Family, District and City Court Filing Fees and the Baton Rouge Bar Foundation. Teen Court of Greater Baton Rouge is fi nded by the South Burbank Crime Prevention and Development District and the Baton Rouge Bar Foundation. The Youth Education Program is fi nancially assisted by the Interest on Lawyers Trust Account (IOLTA) of the Louisiana Bar Foundation. The Future Legal Eagles Law Club is funded by a grant from the South Burbank Crime Prevention and Development District.

The Baton Rouge Bar Foundation would like to thank all who volunteered in June and July 2016.

ASK-A-LAWYER VOLUNTEERS — Steven Adams, Adams Law Offi ce APLC; James Austin, Adams & Reese; Barbara Baier, Louisiana Public Defender Board; Todd Gaudin, Fenet Treadway Gaudin Lawyers; Luis Leitzelar, Jones Walker; Jennipher Williams; Emily Ziober; Jonathan Blake, Louisiana Department of Justice and Judge Parris Taylor, Division of Administrative Law.

THIRST FOR JUSTICE VOLUNTEERS — Steven Adams, Adams Law Offi ce APLC; Eldon Dominique, Dudley DeBosier, APLC; William Fell, Attorney at Law; Scott Gaspard; Lee Higginbotham; Byron Kantrow, Connectivity Source; Kimberly Spruill; Willie Stephens, The Stephens Law Firm; Sarah Tormey, Tadda Law Firm; Christopher Vitenas, Baker Donelson Bearman Caldwell & Berkowitz, PC; T. MacDougall Womack, Taylor Porter; and James Zito.

FINANCIAL LITERACY VOLUNTEER — David Handelman, Southeast Louisiana Legal Services.

SELF-HELP RESOURCE CENTER ATTORNEY VOLUNTEERS — Steven Adams, Adams Law Offi ce APLC; Ryan Brown, Roedel, Parsons; Nicole Buggs Hazey, Rowe Law Firm; Julie Ferris, Law Offi ce of Julie Ferris, LLC; Sharon Florence, Law Offi ce of Sharon Y. Florence, LLC; Janeane Gorcyca, Joubert Law Firm; Rebecca Helveston, Adams & Reese, LLP; Lee Higginbotham; Johanna Posada, Roedel, Parsons; Jennifer Prescott, Joubert Law Firm; Kimberly Spruill; Sarah Thigpen, Rowe Law Firm; Monica Vela-Vick, Hammonds, Sills, Adkins; Christopher Vitenas, Baker Donelson Bearman Caldwell & Berkowitz, PC; Jennipher Williams and Ta’Tanisha Youngblood, Youngblood Law Firm, LLC.

ACCEPTING MEDICAL LEGAL PRO BONO CASES — Tremayne Dowell; Cynthia Reed, Southern University Law Center; and Georgia Shirley, Vinet & Day, LLC.

ACCEPTING PRO BONO CASES — Ashley Arinder Herring, A Legal Boutique, R.L.L.P.; Mari Bartholomew, Mari Bartholomew Attorney at Law, LLC; Shannon Battiste; Robert Breazeale, Gunn & York, LLP; Booker Carmichael, The Carmichael Firm; Julie Distefano; Eldon Dominique, Dudley DeBosier, APLC; Bryanne Farr, Farr Legal Services, LLC; Maria Finley; Michael Fontenot; Maryanna Haynes, Boyer Hebert Abels & Angelle; Jay Jalenak Jr., Kean Miller; Melanie Jones; Willie Joseph, The Law Offi ces of Willie R. Joseph Jr.; Victor Loraso, Carleton, Loraso & Hebert, LLC; Eric Miller, The Kullman Firm; Paula Ouder; Allen Posey; Vincent Saffi otti, Downs, Saffi otti & Boudreaux; Sarah Thigpen, Rowe Law Firm; Michael Victorian, Phelps Dunbar; and T. MacDougall Womack, Taylor Porter.

SELF-HELP RESOURCE CENTER LAW STUDENT VOLUNTEER — Yvonne Henshaw, Southern University Law Center.

LAW STUDENT INTERNS — Regina Rudisill, Burgundy Hammond, Alanna Hayman and Samantha Kincaid, all of Southern University Law Center.


CalendarDuty Court Schedule

*Unless otherwise noted, all meetings will be held at the Baton Rouge Bar offi ce.

For classifi ed or display ad rates, contact Pamela at (225) 214-5560

or email: [email protected]

19THJDC CIVIL COURTOct. 3-7, 11-14 Judge HernandezOct. 17-21, 24-28 Judge FieldsOct. 31, Nov. 2-4 Judge Clark

19TH JDC CRIMINAL COURT***Oct. 1-7 Judge WhiteOct. 8-9, 11-14 Judge MarabellaOct. 15-21 Judge AndersonOct. 22-28 Judge ErwinOct. 29-31 Judge Jackson

BATON ROUGE CITY COURT*Sept. 26-Oct. 2 Judge SmithOct. 3-9 Judge AlexanderOct. 10-16 Judge PonderOct. 17-23 Judge ProsserOct. 24-30 Judge TempleOct. 31-Nov. 6 Judge Smith

FAMILY COURT**Oct. 3 Judge DayOct. 4 Judge GreeneOct. 5 Judge BakerOct. 6 Judge Woodruff-WhiteOct. 7, 11 Judge GreeneOct. 12 Judge BakerOct. 13-14 Judge Woodruff-WhiteOct. 17 Judge DayOct. 18-19 Judge GreenOct. 20 Judge Woodruff-WhiteOct. 21, 24 Judge DayOct. 25 Judge GreeneOct. 26 Judge DayOct. 27 Judge Woodruff-WhiteOct. 28 Judge GreeneOct. 31 Judge Day

JUVENILE COURTOct. 1-Oct. 31 Judge Haney

NOTE: Duty Court changes at 5 p.m. each Friday unless otherwise specifi ed. *City Court’s Duty Court schedule changes each Monday at 8 a.m. **Family Court’s Duty Court schedule is completely different each day, rotating on Fridays ***19th JDC Criminal Court changes each Friday at noon.

Classifi eds

Ongoing: Every Wednesday & Thursday, 3-5 p.m., Thirst for Justice takes place at St. Vincent de Paul.

Ongoing: Every Tuesday & Thursday, 10 a.m.-2 p.m., Self Help Resource Center,19th JDC.

1 1 Legal Fair, Delmont Gardens Library, 9:30-11:30 a.m.

5 5 YLS Council meeting, 8:30-9:30 a.m.;

Volunteer Committee meeting, 12-1 p.m.

6 6 Finance Committee meeting, Finance Committee meeting, DeCuir, Clark & Adams, 8-9 a.m.; DeCuir, Clark & Adams, 8-9 a.m.;

Ask-A-Lawyer, 9-11:30 a.m., Ask-A-Lawyer, 9-11:30 a.m., Charles R. Kelly Community Cntr., Charles R. Kelly Community Cntr., 3535 Riley St.; 3535 Riley St.;

Teen Court Committee meeting, Teen Court Committee meeting, 12-1 p.m. 12-1 p.m.

8 8 Ask-A-Lawyer, 9:30-11:30 a.m., Zachary Ask-A-Lawyer, 9:30-11:30 a.m., Zachary Branch, 1900 Church St. Branch, 1900 Church St.

11 11 Executive Committee meeting, 8-9 a.m., Executive Committee meeting, 8-9 a.m., Breazeale, Sachse & Wilson Breazeale, Sachse & Wilson

12 12 Belly Up with the Bar Committee Belly Up with the Bar Committee meeting, 12-1 p.m.; meeting, 12-1 p.m.;

Pro Bono Committee meeting, 12-1 p.m. Pro Bono Committee meeting, 12-1 p.m.

19 19 Ask-A-Lawyer, Catholic Charities, Ask-A-Lawyer, Catholic Charities, 9-11:30 a.m.; 9-11:30 a.m.;

BRBA Board meeting, 5-6:30 p.m. BRBA Board meeting, 5-6:30 p.m.

20 20 Family Law Section Meeting & CLE, 12-2 p.m.

21 21 Geaux Casual for Pro Bono, a jeans day fundraiser for the BRBF;

Youth Education Committee meeting, 12-1 p.m.

22 22 Family Law Section lunch with CLE, 12-2 p.m.;

YLS & Wellness Health Fair, 2-5:15 p.m.

24 24 Publications Committee meeting, 8:30-9:30 a.m., Walters, Papillion, Thomas, Cullens, LLC.

27 27 Lawyers in Libraries, Baker Branch Library, 3501 Groom, 9:30-11:30 a.m.;

LRIS Meeting, 12-1 p.m.

28 28 Belly Up with the Bar event, 5 p.m., Live Oak Arabians, 6300 Jefferson Hwy.

COURT HOLIDAYSMonday, Oct. 10 Columbus DayTuesday, Nov. 1 All Saints Day

BATON ROUGE OFFICE SPACE:Established fi rm; 201 Napoleon St., Downtown near 19th JDC and Federal courthouses, area for support staff, off-street parking, conference room, color copier, fax, internet, etc. Some over-fl ow work available.Call Scott Gegenheimer: 225-346-8722.

OFFICE ON FLORIDA BOULEVARD Downtown Baton Rouge for Lease or Sale. See website for further details on the offi ce including pictures, map/location, diagrams, and measurements, etc. at http://watsoninc.org/FloridaOffi ce/. Contact Paul @ 225-304-0307.

HOME/OFFICE FOR SALE BY OWNER: Located 4 minutes from I-12, now on a 4-lane Hwy. Originally designed as both a home and offi ce. Offi ce features upstairs conference room and library. Downstairs area has several desks, more bookshelf space and bathroom. This unique house features a full kitchen, dining area and wash room. It has a large den with fi replace, a large private bedroom, with bathroom connected to the bedroom. The bathroom has a jacuzzi, shower, sink and dressing area, as well as a walk-in closet. The home/offi ce was designed not to fl ood, and did not fl ood. Contact David C. King @ 225-397-8572 or [email protected] for more information.

ATTORNEY WISHING TO RETIRE has a law offi ce within walking distance to 19th Judicial District Courthouse to rent. Offi ce fully equiped and suitable for two-person fi rm and staff. Call George @ 225-921-1404.

BUY YOUR TICKET TO BELLY UP WITH THE BAR!

This Baton Rouge Bar Foundation event benefi ts our Youth Education programs and takes place Friday, Oct. 28, 2016, at Live

Oak Arabians, 6300 Jefferson Hwy. We look forward to seeing you! Contact Donna Buuck

with any questions: 225-214-5556 or [email protected].

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Baton Rouge Bar AssociationP.O. Box 2241Baton Rouge, LA 70821

Return Service Requested

PRSRT STDU.S. POSTAGE PAIDBATON ROUGE, LA

PERMIT NO. 746

Accepting referrals in select commercial, personal injury and wrongful death cases

Walters, Papillion, Thomas, Cullens, LLC, has more than 100 years combined legal experience. Our attorneys have handled numerous multi-million dollar complex civil, commercial, and personal injury cases in Louisiana courts and in other state and federal courts.

WWW.LAWBR.NET

12345 Perkins Rd., Building One • Baton Rouge, LA 70810

Phone: 225-236-3636 • Toll Free: 866-257-6070 • Fax: 225-236-3650

WALTERS, PAPILLION,THOMAS, CULLENS, LLCATTORNEYS AT LAW

EDWARD J. WALTERS JR., DARREL J. PAPILLION, DAVID ABBOUD THOMAS AND J. E. CULLENS JR. ARE RESPONSIBLE FOR THE CONTENT OF THIS AD.

oct2016 atb magazine v6

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