FOWLER RODRIGUEZ ANNOUNCES:
•Luis Llamas and Michael Harowski Named
Equity Partners
•Latin American Practice Expands
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Mammoet Salvage Americas Awarded Over $28 Million
Fowler Rodriguez represented Mammoet
Salvage Americas who entered into a
Wreckhire 2010 salvage contract with
PICO, a Mexican subsidiary of an Egyptian
drilling company. PICO owned the liftboat
PICO 4. In November 2011, the PICO
4 suffered a catastrophic punch through
while attempting to perform work alongside
a fixed platform owned and operated by
PEMEX in the Bay of Campeche. As a
result of the punch through, the lift boat
legs had to be severed from the vessel’s
hull and left on the sea floor imbedded in
mud and clay. MSA, an internationally
known salvage company, was hired by
PICO and its Underwriters to retrieve
the legs. PICO failed to provide critical
information relating to the legs weights
and penetration depths which resulted in
significant delays. Eventually, PICO began
to slow pay and eventually stopped making
payments to MSA pursuant to the terms of
the Wreckhire salvage contract.
Despite numerous attempts to resolve the
dispute, MSA was forced to commence
arbitration proceedings in New York City
pursuant to the terms of the Wreckhire. A
team of lawyers from Fowler Rodriguez
led by Tim Strickland, managing partner in
Norwegian Cruise Line Wins Case on Arbitration Convention:
Jake Rodriguez and Susan Keller Garcia
On February 19, 2016, following
extensive briefing by both parties, Fowler
Rodriguez attorneys Jake Rodriguez
and Susan Keller Garcia secured a
legally significant opinion on behalf of
Norwegian Cruise Line (“NCL”) in a
Jones Act lawsuit brought by a U.S.
citizen crewmember in New Orleans. In
her 42-page opinion, U.S. District Court
Judge Nannette Jolivette Brown found
the Convention on the Recognition
and Enforcement of Foreign Arbitral
summer 2016
Tim Strickland accepts an appreciation
plaque from Bas Coppes, President of
Mammoet Salvage Americas.
CONTINUED ON PAGE 2
Judge Brown issues 42-page opinion
Awards applicable to the case, entering
an order staying the proceeding pending
arbitration and denying plaintiff’s motion
to remand. Johnson v. NCL (Bahamas)
Ltd. D/B/A Norwegian Cruise Line, 2016
U.S. Dist. LEXIS 20636 (E.D. La. Feb.
19, 2016). The decision has been widely
reported and heavily cited as it is the first
such case involving a cruise line defendant
in a Louisiana court, and comes at a time
when the applicability of the Convention
to U.S. citizen crewmembers is on appeal
CONTINUED ON PAGE 4
Victory Before 11th Circuit Court of Appeals for Jewel Owner Ltd. and International Shipping Partners
Miami Partners Bill Milliken and Bill
Boeringer secured a win for Jewel Owner
Ltd. and International Shipping Partners
in a case that involved multiple courts and
actions, culminating in a victory before
the 11th Circuit Court of Appeals. In late
2011, Jewel entered into a Settlement
Agreement with Quail Cruises (who had
defaulted on charter hire), providing for
payment of any monies recovered by Quail
Cruises in their case against a company
called CVC to be paid to Jewel, up to the
sum of approximately 3.4 Million. In
late 2012, we became aware that Quail
Cruises and CVC had entered into
a secret settlement agreement which
would pay $5 million dollars from CVC
to Quail Cruises’ parent corporation
(Quail Travel), which at that time
was in bankruptcy in Spain. Once the
money went to Spain, it would likely
be split among the parent company’s
creditors. Since the deal would
circumvent the settlement agreement
CONTINUED ON PAGE 4
1
Bill Boeringer and Bill Milliken
Fowler Rodriguez
cases of note
Successful Defense of Oil Company Leads to No Recovery as Louisiana Supreme Court
Reinstates Zero Trial Verdict
On December 8, 2015, the
Louisiana Supreme Court issued
an opinion in Hayes Fund for the
United Methodist Church of Welsh, et al
v. Kerr McGee Rocky Mountain, LLC, et
al, No 2014-C-2592, reversing the
Third Circuit Court of Appeal and
reinstating a trial verdict in favor
of the defendant oil companies.
Jon Wise, a partner at Fowler
Rodriguez, represented the major
defendant, Crimson Exploration.
The lawsuit, filed in 2009, was
based on the novel premise that the
Jon Wise
plaintiff landowners were entitled
to recover damages due to alleged permanent loss of reserves
contained in two oil and gas reservoirs as a result of issues which
arose during the drilling and completion phases of two wells
in Jefferson Davis parish in 1999 and 2000. Both wells were
productive for a number of years and had produced at or near the
original estimated reserve calculations made just after the wells
were drilled. Among other allegations, the plaintiff landowners
claimed that extraneous water from outside the reservoir rock
had invaded the reservoir due to alleged failure to seal off well
bores during side tracking and reworking operations. At trial,
plaintiffs attempted to calculate oil and gas reserves by using the
rectangular dimensions of the conservation units as a substitute
for the actual dimensions of the underground reservoirs, claiming
that to do otherwise would have constituted an impermissible
“collateral attack” upon orders of the Louisiana Commissioner of
Conservation.
favor of defendant oil companies. The plaintiffs appealed to the
state Third Circuit Court of Appeal, which ultimately reversed
the trial court judgment on liability and proceeded to award $13.5
million in damages. In the process, the Third Circuit substituted its
own fact finding for the trial court and decided that the reservoirs
were damaged from the incursion of extraneous water, despite the
wealth of scientific testimony to the contrary which was accepted
by the trial court. The Third Circuit also accepted the “collateral
attack” argument and opined that the defendants were precluded
from using scientific evidence to establish the true size of the
reservoirs in question, because it believed that the size of the
reservoirs had somehow been determined in the Commissioner’s
order establishing the production units for the two wells. Last,
the Court of Appeal concluded that a surface damage restoration
provision in a standard form oil and gas lease imposed absolute
liability for alleged subsurface reservoir damage.
Defendants applied for a writ of certiorari to the Louisiana
Supreme Court, which was granted. Highlighting the importance
of the issues to the oil and gas industry in Louisiana, amicus
curiae briefs were provided by two former Commissioners of
Conservation, the Louisiana Oil and Gas Association, Louisiana
Association of Business and Industry and the Louisiana MidContinent Oil and Gas Association. After oral argument, the
Supreme Court issued a 68 page opinion, correcting the Court
of Appeal’s misapplication of the manifest error standard and
reinstating the trial court’s original ruling of no liability. In the
process, the Supreme Court vacated the Third Circuit opinion,
with the result that neither the “collateral attack” language nor
the absolute liability ruling are future precedent. “This was a
gratifying result,” Wise said. “In the end, the Supreme Court
opinion not only restored a well-reasoned trial court verdict, but
reinforced the manifest error standard and vacated an opinion
with potentially harmful precedential value.”
After a 25 day trial scattered over ten months in 2012, the District
Judge issued an opinion in May, 2013, finding that there were no
damages to either of the two reservoirs and entering judgment in
been in the trenches together on some major situations including
the BP Macondo spill and this case. Stacey Norstrud and I have
also been through our battles including the BP Thunderhorse,
BP Macondo and our PICO arbitration to name just a few.
Our ability to work as a team, regardless of location, produced
excellent results.”
...CONTINUED FROM PAGE 1
Houston, worked closely with MSA representatives including
Bas Coppes to present MSA’s case to the arbitration panel. The
arbitration took over one and a half years to complete with several
weeks of hearings in New York City. MSA engaged the services
of world renowned salvage experts to assist in presenting the
claim. After nearly a year of deliberation, the Panel unanimously
awarded MSA over $28 million for PICO’s breach of the clear
language found in the Wreckhire and the addendum negotiated
between the parties. The Panel issued a nearly 50 page very well
reasoned opinion to be published by the SMA.
Said Tim Strickland, Houston Office Managing Partner and
Fowler Rodriguez lead on the case: “Our firm was able to put
together a team of lawyers from various offices who worked
together effortlessly to present a very clear case to the Panel in
New York City. It is not easy to organize and present witnesses
and evidence in a city you don’t call “home” yet our team was
able to do so without any problems. I could not be more proud
of the folks that helped on this case. Mary Broughton and I have
Hans van Rooij (Global Marine Solutions B.V.), Jim Moore
(JFMoore International), Guillermo Hernandez (Mammoet), John
Driscoll (Marlinespike Marine, LLC), Bas Coppes (Mammoet) and
Tim Strickland (Fowler Rodriguez)
2
Fowler Rodriguez
cases of note
KBR/AIG Triumphs in Defense Base Act Claim Tried in Texas and Louisiana
Messrs. Flint and DeGruy obtained an independent medical
examination by a local neuropsychologist who determined that
although claimant suffered from depression and post-traumatic
stress disorder, the PTSD was unrelated to his service in Iraq.
Rather, he suffered post-traumatic stress disorder from the
hostage incident where he saw his sister-in-law murdered.
Add to that, his wife died unexpectedly. On that basis, Messrs.
Flint and DeGruy fought the claim. Ultimately, the claimant
returned to work domestically in January, 2014, working as
a handler for a chemical company in Houston, Texas. After
several months of working, and on the eve of the formal
hearing of his claim, the claimant allegedly wrote a suicide note
alleging that his current work reminded him of his time in Iraq.
Jacques DeGruy and Dee Flint
Ultimately, Dee Flint was able to persuade the Administrative
Law Judge (“ALJ”) at trial that the claimant’s PTSD was
minimal and the claimant’s second “suicide” attempt was
nothing more than an effort to bolster his claim. Flint adduced
proof that claimant was entirely capable of returning to work
and in fact had returned to a job replacing his lost income.
Several months after the formal hearing the ALJ issued a
sixty page opinion in which he found that the claimant was
not entitled to additional compensation and that his emotional
injuries were not the result of his employment in Iraq with
KBR.
After a long and hard fought battle, Dee Flint and Jacques
DeGruy of the New Orleans Office recently secured a
rare defense verdict on behalf of KBR and AIG in a claim
arising under the Defense Base Act (“DBA”), which utilizes
the Longshore and Harbor Workers’ Compensation Act
(“LHWCA”). Pursuant to the DBA, non- military contract
workers who are employed overseas in war zones are entitled
to the same compensation benefits available to longshoremen
under the LHWCA. In this case, the claimant was employed
by KBR as an Environmental Technician. He was essentially
responsible for the transportation and handling of hazardous
waste used by the military in Iraq.
Interestingly, the ALJ specifically found that the claimant had
established a prime facie case that he had suffered depression
and post-traumatic stress disorder as a result of his service in
Iraq. However, the ALJ went on to note that Messrs. Flint
and DeGruy had provided substantial evidence to rebut the
claimant’s prima facie case and upon weighing all of the evidence,
he determined that the claimant did not present evidence to
establish that he suffered a “work related” psychological injury
that was compensable. The ALJ went on to find that the
claimant has not established that he was unable to return to
his prior profession or that he could not establish the inability
to return to suitable alternative employment. Ultimately,
the Employer/Carrier was ordered to pay temporary total
disability benefits for a period of approximately seven weeks
from the date of claimant’s attempted suicide to slightly less
than two months later.
Notably, the claimant was 59 years old and had a long,
interesting and often difficult life prior to beginning work
for KBR. Thirty years earlier, he worked as an undercover
narcotics agent. During that time, he, his brother and his sisterin-law were kidnapped at gun point by a convicted felon and
held hostage. During their escape, the claimant was running
away from the gunmen carrying his sister-in-law, when she
was shot and killed and claimant was also shot multiple times.
Thereafter, the claimant worked as an insurance salesman
and built a small insurance company. He left insurance and
went to work overseas for KBR in 2011. Claimant ultimately
worked for KBR on three different occasions during the years
2011, 2012 and 2014.
During his second tour, he returned to the United States
to attend his brother’s funeral and found out his wife was
terminally ill. Claimant remained stateside and tended to his
wife of over twenty years until he lost her on October 31, 2012.
During his third and final tour, on the anniversary of his wife’s
death, he deliberately overdosed on prescription medication
and Vodka in an effort to “be with his [wife]”. Claimant’s life
was saved and he returned stateside where he filed a claim for
compensation alleging that he suffered from depression and
post-traumatic stress disorder.
Victories such as these in cases arising under LHWCA
Statutes are rare for Employer/Defendants and this one was
obtained only through the exhaustive efforts of Messrs. Flint
and DeGruy in investigating the claimant’s background, prior
medical history and emotional state and Mr. Flint’s cross
examination of claimant and his treating physician at the
formal hearing.
3
Fowler Rodriguez
...CONTINUED FROM PAGE 1
cases of note
and its territorial waters, including international waters and
the territorial waters of other nations.
to the Eleventh Circuit. D’Cruz v. NCL (Bahamas) Ltd. D/B/A
Norwegian Cruise Line, 2015 U.S. Dist. LEXIS 40326 (S.D. Fla.
March 20, 2015). In Johnson, a casino pit supervisor on the
NORWEGIAN DREAM, filed suit in Louisiana state court
alleging personal injuries arising from a safety drill. Relying
on the arbitration provision in the employment agreement, we
removed the case to the U.S. District Court for the Eastern
District of Louisiana citing the U.N. Convention on the
Recognition and Enforcement of Foreign Arbitral Awards and
the Convention Act as a basis for federal jurisdiction, and then
simultaneously filed a motion to compel arbitration and stay
the proceedings. The plaintiff opposed the motion and filed a
motion to remand the case to the more plaintiff-friendly state
court.
The plaintiff argued that removal of Jones Act cases was
prohibited, and that the Court should follow an opposing
line of cases from the Southern District of Florida in which
the Convention was found not to apply where the plaintiffs’
work was performed entirely onboard cruise ships (including
Matabang, Armstrong and Hines). The plaintiff also attempted
to distinguish the Fifth Circuit authority by asserting that his
employment agreement was silent as to the place of performance
and that he was unaware of the vessel’s precise route.
In her detailed opinion, Judge Brown ruled in favor of NCL,
finding first that removal of Jones Act claims was proper under
the Convention. In addressing applicability of the Convention
and the split in Florida authorities, Judge Brown cited the
strong federal policy in favor of arbitration expressed by the
Fifth Circuit in Freudensprung, holding that the employment
agreement envisaged performance or enforcement abroad or
had some other reasonable relation with one or more foreign
states. Citing to the itineraries of all NCL ships and contractual
language regarding travel documents and repatriation, the
court held that the employment agreement had a decidedly
international flavor and that “a contract with a cruise line
whose ships undisputedly travel almost exclusively to foreign
ports of call cannot be deprived of its international character
solely through the alleged ignorance of its would-be employee.”
Because both parties to the arbitration agreement were U.S.
citizens, the applicability of the Convention, and thus federal
jurisdiction, turned on whether the contractual relationship
involved property located abroad, envisaged performance or
enforcement abroad or had some other reasonable relation
with one or more foreign states. Relying on a Fifth Circuit
case involving a contract for work in West African waters
(Freudensprung v. Offshore Technical Services) and a line of cruise
industry opinions out of the Southern District of Florida
(including Odom, D’Cruz, and Rutledge), we argued on behalf of
NCL that the term “abroad” was not limited to foreign soil and
instead encompassed any place outside of the United States
...CONTINUED FROM PAGE 1
previously reached between Jewel and Quail Cruises, we
filed a Motion to Intervene in the Quail/CVC case, asserting
Jewel’s right to the funds under theories of constructive trust
and equitable lien. We also filed a Petition for Injunction in
state court against Quail Cruises and CVC to block any
transfer of the money. The Judge issued an Injunction on the
same day. Shortly thereafter, Quail Travel filed a Chapter 15
Bankruptcy action in the Southern District of Florida. Quail
Travel sought to obtain an order finding that the $5 Million
was their property. Others also appeared to claim the funds.
In November 2013, the bankruptcy judge ruled that Quail
Cruises held a 50% interest in the money. That left $2.5
Million to be divided between our client and another creditor.
The parties to the respective cases agreed to a settlement. The
settlement agreement provided that CVC would transfer the
$2.5 million belonging to Quail Cruises to the trust account
of Quail’s attorneys, in two equal installments. Those funds
would in turn be disbursed to Jewel and the other creditor
in agreed percentages. The first installment was paid without
incident.
The day before the second installment was to be paid, however,
World Wide Supply (WWS), a litigant against Quail Cruises
and Jewel in yet another case, attached the funds pursuant
to an emergency motion under Rule B while in the attorney’s
trust account. Interestingly, the attorneys for WWS were the
same attorneys representing CVC – the party providing the
funds!
We filed immediate motions to vacate the attachment,
asserting that they were under constructive trust pursuant to
Court Order, and not subject to attachment. We also attacked
the “emergency” nature of the motion as a sham, since the
attorneys were aware of the payment schedule, and had nearly
two months to file a non-emergency motion, facts they did not
disclose to the District Judge. After briefing and two long
hearings, the US Magistrate Judge agreed with our position,
and recommended vacation of the attachment. The US District
Judge agreed, and vacated the attachment. She also awarded
our client attorney’s fees in getting the Rule B writ vacated.
Meanwhile, on the liability side of the WWS, the Court granted
our client’s summary judgment motion on the merits.
WWS appealed the Rule B dissolution (but not the summary
judgment on liability) to the 11th Circuit Court of Appeals.
We argued that the trial Court was correct in vacating the
attachment, as the funds belonged to our clients, and not to
Quail Cruises. On September 30, 2015, the Court, agreeing
with our position without the need for oral argument, published
its opinion affirming the District Court and upholding the
dissolving of the attachment writ. The end result was that
not only did we win the liability case for the client, but
protected their settlement funds in another matter from Rule
B attachment, and were awarded attorney’s fees for doing so.
4
Fowler Rodriguez
cases of note
Zero Verdict in Fort Lauderdale Jury Trial After Engine Falls Off Boat in Biscayne Bay
Cortes v. Davey Marine Center was a products
liability action against our client, the retailer of a
recreational boat. Plaintiffs purchased a new 23’
Sea Fox recreational vessel from Davey Marine
in July of 2010. After about 10 months of use,
the outboard engine fell off the transom while
the boat was traveling at about 50mph across
Biscayne Bay. Five people were aboard; three
Bill Boeringer were reportedly ejected into the water, and all
five claimed serious personal injuries, as well as
psychological injuries. The initial joint survey revealed that the
Mercury Verado 250Hp engine, which had been installed by the
boat manufacturer (a co-Defendant in the case) may have been
mounted using metric stainless steel bolts and SAE (standard
thread) brass nuts. The actual nuts were never recovered from
the scene of the accident.
Based on the engineering, the nut/bolt combination, even if
mismatched, was strong enough to hold the engine securely
against the transom assuming all four nuts were properly
torqued down. Examination of the top bolts showed they were
undamaged, while the bottom bolts were mangled and nearly
fractured. In addition, brass shavings were evident on the lower
bolts, but could not be detected even with a light microscope in
the top bolts. Both results indicated that Plaintiffs’ engineer’s
theory, that the top nuts failed during load and came off during
the voyage, was not tenable. As part of the defense, we also
attacked the claims from the medical side, asserting that many
of the claimed injuries were asserted more than a month postaccident, and were the result of either pre-existing conditions or,
in some cases, non-anatomic psychosomatic complaints.
Prior to trial, we knocked out the Magnuson-Moss Act claim
on the basis that it did not apply to personal injury actions.
The matter proceeded to trial on theories of strict liability,
negligence, and breach of implied warranty of merchantability.
The trial lasted 14 days, including jury selection from a pool of
50 jurors. In addition to the five Plaintiffs, the Plaintiff’s case in
chief included testimony (live or via video) of approximately 15
doctors, an engineer, an expert in vocational rehabilitation, and
an economist. The defense presented a much more streamlined
case, utilizing a metallurgist/engineer, a naval architect, and
an examining orthopedic surgeon. We also relied on extensive
cross-examination of Plaintiffs’ witnesses, which was essential
in creating holes in their case. In closing arguments, Plaintiffs’
attorneys asked the jury for a collective award of approximately
$2.1 million dollars. After a 4-hour deliberation, on March 14,
2016 the jury returned a defense verdict, finding completely in
favor of our client in this matter.
Two plaintiffs’ attorneys filed suit in state court in Broward
County, Florida on behalf of the five passengers aboard. The
boat’s insurer also intervened to subrogate for boat repair
damages, plus amounts paid under the med-pay provision of the
policy. Bill Boeringer, a partner in the Fowler Rodriguez Miami
office, was appointed by Travelers to defend Davey Marine
Center against allegations of negligence, strict liability, breach of
contract, breach of warranty, and a claim under the MagnusonMoss Act (which was being used to assert a claim for attorney’s
fees). Early mediation was attempted, but the demands of the
Plaintiffs were excessive, and it became apparent that the case
was going to proceed to jury trial.
The liability defense was based on the fact that the engineering
strongly supported that the top set of mounting nuts were
missing on date of accident, which was fault of boat owner; we
believed that the Plaintiff boat owner had raised and remounted
the engine in an effort to increase speed, and had neglected to
replace the top nuts (which Plaintiff denied).
On April 13, 2016, the judge denied Plaintiffs’ Motion for a new
trial.
Complete Dismissal Granted for Great Lakes Reinsurance and Concept Special Risks
In Frank Thomas Shumate, Jr. v. Concept Special Risks Ltd. and Great
Lakes Reinsurance Company, C.A. 2:14-cv-00385, in the United States
District Court for the Southern District of Texas, Corpus Christi
Division, Fowler Rodriguez obtained favorable rulings on key
motions for Concept Special Risk and Great Lakes Reinsurance
Company, which ultimately lead to no recovery by the Plaintiff
and a compete dismissal of all claims against the Defendants. The
case was litigated by Tim Strickland and Stacey Norstrud.
Plaintiff Frank Shumate brought a claim against Great Lakes
Reinsurance and Concept Special Risk seeking coverage under
a marine insurance policy issued by Great Lakes. Shumate
asserted a claim for engine damages to his fishing yacht allegedly
resulting from acts of vandalism and/or malicious mischief by
the vessel’s former captain and named operator. The damages
allegedly occurred in Costa Rica while the vessel was moored at
its slip in the marina. Shumate filed a declaratory action seeking
a declaration of coverage under the policy and asserted a claim
for bad faith against the insurer. Shumate sought damages in the
litigation in excess of $300,000, plus punitive damages, interest
and attorneys’ fees.
The Court granted motions brought by Fowler Rodriguez
dismissing a majority of the claims brought by Shumate against
Great Lakes and Concept Special Risks. Following additional
discovery and a deposition of Shumate, Fowler Rodriguez was also
able to obtain
a
complete
dismissal with
prejudice of
all remaining
claims against
Defendants
Great Lakes
Reinsurance
and Concept
Special Risks.
5
Fowler Rodriguez
cases of note
Double Play for Great American Insurance Company
Great American
provided excess
insurance to Atlas
Air Conditioning
who
in
2005
installed
air
conditioning units
and exhaust vents
Norman Sullivan and Jacob Gardner
in a large high
rise apartment complex in Baton Rouge, Louisiana, named
Southgate. In an arbitration in 2010, it was determined that
the exterior building envelope leaked from at least five different
sources. One of the sources was determined to be the fact that the
penetrations through the exterior wall from the air conditioning
units and vents installed by Atlas were not caulked or flashed.
The arbitrators concluded that this defect could be repaired at
a cost of $600,000 and that one-third of the responsibility fell
upon Atlas. Atlas’ underlying insurer paid this sum.
issued a judgment which stated that Atlas was only one-third
responsible for the $59,000.00 award, based upon the previous
finding of the arbitrators. He also concluded that, while the
underlying insurer had settled, Great American was entitled to a
credit for the balance of the underlying policy. Consequently, the
judgment recites that Southgate is not entitled to any recovery
against Atlas or Great American.
Court of Appeals Affirms Decision for Great American
Jacob Gardner reports that it was the excess carrier ($4 million
over $1 million of underlying coverage) for a Florida company
that sent employees to work on a project in Texas. One of the
company’s employees was terminated when the Texas project
was completed. The following day he began driving his personal
vehicle back to Florida. As he was driving between Shreveport
and Monroe on I-20 he fell asleep and rear ended another vehicle,
killing the driver and rendering the passenger a paraplegic. It was
alleged that the employee had been abusing drugs and alcohol at
the time. The injured passenger was on his way to work when
the accident occurred and subsequent to the accident began
receiving workers’ compensation benefits from his employer.
His medical care has cost over $8.1 million to-date.
Southgate had maintained that the entire exterior stucco
building envelope needed to be replaced at a cost of $25
million. In subsequent litigation against Great American and
insurers of other subcontractors, the trial court concluded
that the arbitrators only determined the cost to repair the air
conditioning defects and the extent of the damage and cost to
repair the building envelope still had to be determined. Great
American was the target defendant because it had issued a $25
million excess policy to Atlas. Norman Sullivan and Jacob
Gardner defended Great American and Atlas Air Conditioning
in a two week jury trial in state court in Baton Rouge. In closing
argument, counsel for Southgate argued that the entire building
envelope needed to be replaced at a cost of $25 million and that
this should be paid for by Atlas’ underwriter, Great American.
Norman argued that, not only did the building envelope not
need to be replaced, but that Southgate had been compensated
for any damage to the building envelope by virtue of its award in
the arbitration. The jury was sent out to deliberate at midnight
on a Friday evening. It returned with it verdict at 4:30 a.m. on
Saturday. It concluded that there was additional damage to the
building envelope to that found by the arbitrators. However,
they rejected Southgate’s claim of $25 million and only awarded
it $59,000.00 against Atlas.
The paraplegic and his workers’ compensation carrier argued
that the insured’s employee was still within the course and scope
of his employment at the time of the accident. The issue centered
around whether a $250 “sign on” and “sign off” bonus paid by
the insured was actually reimbursement for travel expenses. The
employer maintained its “sign on” bonuses were inducements to
attract qualified employees to its jobs around the country, and
its “sign off” bonuses were paid to ensure that the employees
completed the job. Plaintiff and the workers’ compensation
carrier maintained these payments were reimbursement for
expenses incurred traveling to and from a job site, and thus the
employer was vicariously liable for its employee’s actions. One
fact we overcame was that prior to our involvement the insured
had answered written discovery admitting that the “sign on” and
“sign off” bonuses were reimbursement for travel expenses. The
firm filed a motion for summary judgment on behalf of Great
American and its insured on the course and scope issue which
was granted by the trial court, resulting in the dismissal of all
claims. We argued the case before the Second Circuit Court of
Appeals in the fall. The court of appeals affirmed the trial court’s
decision.
Certain legal issues were reserved to the judge. He ultimately
Insurance Agent Successfully Defended Against Plaintiff Complaining of Inadequate Flood Insurance
After a six year battle in one of the last Hurricane
Ike cases, Michael McCoy of the Houston office
obtained Summary Judgment in favor of an
insurance agent in federal court in Galveston. The
dispute centered around a failure of a homeowner
on the Bolivar Peninsula to have flood insurance.
The homeowner blamed her agent since an
attempt was made to obtain such insurance by the agent, a
premium was paid, and the agent thought the homeowner was
covered. The Property, however, was in the Coastal Barrier
Resources Area (CBRA), and not subject to a policy backed by
FEMA. Even though one was obtained, and a total loss from Ike
in the approximate amount of $400,000 took place, the insurance
company rescinded the policy, and the litigation ensued. After
numerous Motions, briefings, depositions, discovery, hearings
and a trip to the 5th Circuit Court of Appeals for guidance, the
Court found that the homeowner could not rely upon any alleged
misrepresentations of the agent as a matter of law, because the
homeowner was charged with knowledge that her property
was in the CBRA zone, and not subject for protection by an
insurance policy backed by FEMA. The Plaintiff had demanded
almost $600,000 for settlement but successful defense of the
insurance agent thwarted these assertions.
6
Fowler Rodriguez
findings
New Overtime Rules Will Result in New Lawsuits
considered exempt. In other words, the store manager who
spends more than half of his time on manual labor or operating
a cash register would be entitled to overtime, whether or not
his salary meets the new higher threshold. The new proposed
rules were published on July 6, 2015 in the federal register (80
FR 38515).
A significant number of lawsuits get regularly
filed for overtime pay and will increase as a
result of the new rules that become effective
on December 1, 2016. On March 13, 2014
President Obama signed a Presidential
Memorandum directing the Department
of Labor to update regulations regarding
by Wade Webster overtime, and the Labor Department
delivered the new rules on March 15, 2016
that have been approved. The previous
eligibility ceiling for overtime pay will rise from its current
$23,660 annually to $47,476. So, all workers who make
less than $47,476 per year must be paid time and a half for
any overtime work. The exemption for highly compensated
employees will be $124,004 for office workers and non-manual
laborers, so there is no need to pay these employees overtime.
Business groups lobbied hard against the new rules, claiming
they would lead employers to cut back on hours, and force
workers to start tracking their time as hourly employees.
What the rules will undoubtedly do is give many employers
a hard choice: Either limit workers’ hours to 40 per week so
they don’t incur the time-and-a-half premium, or start paying
workers more for the extra time they work.
It is critical for employers to begin evaluation of those jobs
impacted by the new regulations to ensure compliance with
overtime wages. Private lawsuits are authorized for unpaid
overtime compensation. 29 U.S.C. §216(b). Overtime wage
lawsuits are a favorite amongst plaintiff attorneys because class
action status can be obtained for similarly situated employees,
and double damages are mandated for unpaid overtime, plus
attorney’s fees, unless the employer can show that its actions
were taken in good faith and they had reasonable grounds for
the belief with which they were complying with the Fair Labor
Standards Act. 29 U.S.C. §260.
Also, a broader definition of who is entitled to overtime pay
will exist. Previously, the standard favored employers. For
example, a store manager who puts in manual labor stocking
shelves and ringing the cash register still was classified as a
manager (and exempt from overtime pay), even if he were
managing other employees. The new standard will adopt
what is known as the California Test, which says that someone
who spends more than 50% of his or her time on non-exempt
tasks is eligible for overtime pay, even if his main job is usually
Shipyard Seizes Bunkers Aboard Vessel on Which it Performed No Work
a defendant in an admiralty or maritime action by
attaching property of the defendant. The rule has two
purposes: to secure a respondent’s appearance and to
assure satisfaction in case the suit is successful.
by Wade Webster - Malin International Ship Repair & Drydocks,
Inc. performed work for Oceanografia at its Galveston
shipyard for which it was not paid the balance on its unpaid
invoices. Oceanografia operated the M/V KESTREL under a
bareboat charter agreement. Cal Dive Offshore Contractors,
Inc. was the registered owner of the vessel. Malin attached the
fuel bunkers aboard the M/V KESTREL. “Fuel bunkers” is
the admiralty term for the fuel used by a vessel but does not
include fuel loaded on board the vessel as cargo. See Glossary of
Marine Insurance and Shipping Terms, 14 U.S.F. MAR. L.J. 305,
325 (2001-2002). Oceanografia and Cal Dive sought to vacate
the attachment.
When Oceanografia took delivery of the vessel under the
bareboat charter, there was a provision that it “shall purchase
the bunkers…in the said vessel at the then current market
price”. Two weeks after taking delivery of the M/V KESTREL,
Malin attached the fuel bunkers. Oceanografia and Cal Dive
sought to vacate the attachment on grounds that Oceanografia
had not paid for the bunkers, nor had it received an invoice for
them, and therefore did not own the fuel bunkers. In effect,
Oceanografia and Cal Dive were arguing that Oceanografia
did not yet own the fuel bunkers because the purchase price had
not yet been paid, but the court determined that the agreement
to purchase the fuel, together with possession, sufficed to
allow for attachment, under Texas law. The court deliberated
whether to apply Mexican or Texas law, then applied Texas
law to determine that title passed with the physical delivery of
the bunker fuels, even where the price had not yet been paid.
The ability to make such an attachment was confirmed by the
court under Fed. R. Civ. P. Supp. B(1)(a) that provides:
If a defendant is not found within the district when a
verified complaint praying for attachment and the
affidavit required by Rule B(1)(b) are filed, a verified
complaint may contain a prayer for process to attach the
defendant’s tangible or intangible personal property -up to the amount sued for -- in the hands of garnishees
named in the process.
The court explained:
Rule B allows a district court to take jurisdiction over
7
Marin International Ship Repair & Drydocks, Inc. v. Oceanografia,
2016 WL 1161215, 2016 U.S. App. LEXIS 5387 (5th Cir.
3/23/2016).
Fowler Rodriguez
findings
AS SEEN IN “INTERNATIONAL LAW OFFICE” - APRIL 06, 2016
Court Denies Maritime Lien to Fuel Supplier Following OW Bunker Collapse
the vessel, relying on Ken Lucky. The vessel owner relied on
Lake Charles Stevedores, arguing that Valero did not have a
maritime lien because it was selected by OW Bunker and no
entity with authority to bind the vessel had any control over
Valero's selection or performance. The court in Valero followed
the Fifth Circuit's precedent in Lake Charles Stevedores and
found that a vessel owner or charterer must direct the selection
of the particular supplier or retain control over the supplier's
performance in order for that supplier to have a maritime lien.
In conducting its analysis, the court considered the following
factors in order to determine whether there was a maritime lien
for necessaries – in particular, whether:
• the vessel owner or entity with authority to bind the vessel
'nominated' or otherwise had control over the selection of
the ultimate supplier;
• the vessel owner accepted any risk in the event that the fuel
cost more than what the vessel owner agreed to pay;
• the ultimate supplier could be liable to the vessel owner for
breach of contract if it failed to provide the necessary;
• a vessel's contract with the general contractor also lists a
specific subcontractor;
• a general contractor declines to take responsibility for a
subcontractor's work;
• the vessel operators dealt directly with the subcontractor
in discussing and inspecting the subcontractor's work; and
• the subcontractor was identified and accepted by the vessel
owner or charterer before performance.
by Antonio Rodriguez, Michael Harowski and Ashley Bane
The collapse of OW Bunker A/S and its worldwide subsidiaries
left a multitude of creditors seeking other methods of collecting
payment for fuel ordered on credit by OW Bunker and delivered
to numerous vessels. OW Bunker subcontracted bunker orders
to local fuel suppliers, which delivered bunkers to the vessels and
invoiced OW Bunker. When the OW Bunker bankruptcies left
the invoices unpaid, fuel suppliers began arresting vessels in an
attempt to obtain full payment and circumvent the bankruptcy
proceedings.
In a recent decision the US District Court for the Eastern District
of Louisiana ruled that a fuel supplier that had contracted with
OW Bunker to provide fuel to a vessel was not entitled to a
maritime lien against this vessel. The court held that the fuel
supplier, as a subcontractor, was not entitled to a necessaries lien
unless the vessel owner or other person with authority to bind the
ship selected the ultimate supplier or otherwise retained control
over its performance.(1) The court in Valero was confronted with
a common situation. A vessel's agent contracted with a foreign
OW Bunker entity to provide fuel to a vessel on its arrival in
Corpus Christi, Texas. The foreign OW Bunker entity then
contracted with OW Bunker USA, which in turn contracted
with a local supplier, Valero Marketing & Supply Co, to provide
the bunkers to the M/V Almi Sun. Shortly after Valero provided
the fuel, the OW Bunker entities filed for bankruptcy without
paying Valero's invoices. Valero sought payment by arresting the
Almi Sun, claiming a maritime lien for necessaries against the
vessel.
Ultimately, the court concluded that there was no evidence
that the vessel owner directed OW Bunker to hire a particular
subcontractor, and no evidence to suggest that the vessel owners
specifically ‘nominated’ Valero to supply the bunkers, as was the
case in Ken Lucky. The vessel interests never had any dealings
with Valero other than to accept delivery and, the court held, a
vessel's mere acceptance of necessaries does not by itself create
a maritime lien. It also was irrelevant that the contract between
Valero and OW Bunker provided that Valero was relying on
the credit of the vessel because the vessel owner was not a party
to that contract. Based on these findings, the court granted
summary judgment in favour of the vessel owner, dismissing the
in rem action for lack of a maritime lien.
In assessing Valero's claim, the court considered two lines of
cases that have developed in situations where a supplier is
alleging a necessaries lien against a vessel: the 'general contractor/
subcontractor' line of cases exemplified by Lake Charles Stevedores,
Inc v Professor Vladimir Popov M/V; (2) and the 'middleman' line
of cases illustrated in Marine Fuel Supply & Towing, Inc v M/V Ken
Lucky.(3)
In Lake Charles Stevedores the Fifth Circuit found that an agency
relationship was required and that a person with authority to
bind the vessel must have some control over the subcontractor's
selection or performance in order for the subcontractor to have
a maritime lien for necessaries. By contrast, in Ken Lucky the
Ninth Circuit held that there need not be an agency relationship
between a time charterer and an intermediary in order for an
ultimate supplier to have a maritime lien against the vessel, as
long as the order originated from the time charterer or other
entity with authority to incur a necessaries lien. Valero claimed
that it was entitled to a maritime lien because the fuel order
originated from the vessel's agent, which had authority to bind
Valero is the first ruling issued by a US court deciding the maritime
lien issue in the OW Bunker context. While the decision is a blow
to the physical fuel suppliers, it likely will not be the final word on
the issue. The US Court of Appeals for the Fifth Circuit soon will
have occasion to review the issue, as Valero recently filed a notice
that it will appeal the decision.(4) The same issues also remain
to be addressed by numerous other district courts throughout
the United States, which have been presented with similar cases
arising out of the OW Bunker bankruptcies. Consequently,
developments in these cases will be closely watched in the coming
months by parties on all sides of the issue.
8
Endnotes - (1) See Valero Marketing & Supply Co v M/V Almi Sun, No 14cv-2712 (ED La February 8 2016). (2) 199 F 3d 220 (5th Cir 1999). (3)
869 F 2d 473 (9th Cir 1988). (4) See Valero Marketing & Supply Co v M/V
Almi Sun, No 16-cv-30194 (5th Cir).
Fowler Rodriguez
findings
Note on Maritime Personal Injury Insurance
Preventing Gaps in Coverage
Significant insurance issues arise depending
on whether the insured company owns and
operates vessels, demise charters vessels,
time charters vessels, or provides employees
to work on vessels not owned, operated or
chartered. When the insured does not own or
charter the vessel, a different kind of insurance
is required. Ordinarily, if the company owns
by Mat M. Gray III or bareboat charters a vessel, it will purchase a
Protection and Indemnity (P&I) policy, which
covers its liability “as owner” of the vessel for personal injuries
to the captain and crew and his employees and third persons
working on the vessel. However, these policies can be amended.
Examples may be to exclude crew or crew and employees or to
only insure the crew. Depending on policy endorsements, who
is considered to be “crew” should be agreed. The P&I policy
should give the insurer the benefit of the insured’s defense of
limitation of liability.
protection and indemnity or similar policy which would cover
any part of such liability except for an “Other Insurance clause,”
deductible or limitation of liability clause or similar clauses.” It
also is important to note that either in the policy form or by
endorsement, a standard MEL policy will exclude “the captain
and crew and employees on owned and/or operated watercraft.”
The idea is to exclude losses expected to be covered under a
Protection and Indemnity policy issued for vessels the insured
owns or charters.
Often, the limits of liability in the Maritime Liability Endorsement
is low, possibly to $25,000 per accident or occurrence. However,
some Maritime Liability Endorsements have higher limits and,
in any event, excess coverage may be provided by an excess
MEL policy or an Umbrella policy. This brief comment cannot
address the many variations in wordings and endorsements
made to P&I and MEL policy forms. These variations may be
negotiated in an effort to reduce premiums. Complete coverage
cannot be taken for granted. The key for the insured is to make
certain that its marine related operations are fully detailed to its
broker and that there is appropriate coverage for personal injury
claims arising from your maritime operations. The experienced
broker will carefully evaluate placement of coverage under the
correct policies and ensure that under the combination of P&I,
WC/EL, MEL, and/or excess/Umbrella policies, including the
endorsements, there are no gaps, or overlaps, in coverage with
respect to the insured’s liability for maritime personal injury
claims on owned, chartered, and non-owned, non-chartered
watercraft.
When the company does not own or bareboat/demise charter
the vessel on which its employees are to work, normally, it
cannot purchase a P&I policy. The company will want to
purchase a Workers’ Compensation and Employers’ Liability
Policy, with a Maritime Liability Endorsement. The Maritime
Liability Endorsement will cover the company’s liability to its
employees injured on a non-owned vessel. However, the policy
is designed not to cover employees insured under a Protection
and Indemnity policy as the endorsement states that and
coverage “shall not attach with respect to any liability of the
Insured if there is in force for the Insured or for his benefit a
First International Energy Arbitration Conference in Bolivia
Claudia Linares of the Bogotá office and New Orleans
office recently participated by moderating a panel at the
First International Energy Arbitration Conference, which
was organized by the Bolivian Energy and Hydrocarbons
Chamber. Claudia also served as a panelist in an International
Centre for Dispute Resolution - Young & International
adjunct event in Santa Cruz de la Sierra, Bolivia, on May 2223.
9
Fowler Rodriguez
in the news
AS SEEN IN “LAWYER MONTHLY MAGAZINE” - MAY 2016
Expert Insight Into: ADMIRALTY AND MARITIME LAW
Shipping and maritime is a huge industry;
90 percent of the world’s trade is carried
by the international shipping industry,
and around 50,000 merchant ships trade
internationally. In this special feature
Lawyer Monthly speaks with Timothy
Strickland, Managing Partner in the
Houston office of Fowler Rodriguez, a
US maritime based law firm with offices
along the entire US Gulf Coast. The
firm is very experienced in handling
major marine catastrophes and complex
maritime based litigation from personal
injury defense to charter hire disputes.
regulations and/or proposed regulations will make it more
difficult to resume deep water drilling in the Gulf of Mexico.
Companies including Omega Navigation, Marco Polo
Seatrade and several other small operators have gone
into bankruptcy protection in recent years. Do you think
the shipping industry can ever recover completely? The
maritime industry is one of the most, if not the most, resilient
industries in the world. We have suffered through many down
turns during the hundreds of years in which the industry grew.
I do believe that the industry can recover.
You have litigated in a wide range of marine related claims,
including oil spills and collisions. What are the main obstacles
and difficulties you face on these types of claims? Based on
my experience, I would say that currently the main obstacle
in marine related claims is the erosion of the predictability on
the outcome of cases that actually go to trial. We have also
seen that many judges, especially on the state court level, do
not have significant maritime experience, which again makes
it difficult to predict outcomes, especially in motion practice.
Tim Strickland
Managing Partner
Fowler Rodriguez
Houston Office
How complex are the rules which govern the industry
currently? The rules governing the US Maritime industry are
complex. I do not see any change in that complexity in the near
future.
How would you change the regulatory framework if you
could? The reduction in US Federal regulations would be
very helpful for new growth in all aspects of the US Maritime
industry. The current regulatory scheme suffocates the industry,
in my opinion. Therefore, less governmental regulation, in any
form, would be helpful.
What do you think 2016 holds for this industry? I believe
that 2016 will reveal a slow recovery, which will open up many
opportunities upon which many maritime based companies
will be able to capitalize.
What, in your experience, are the key areas of arbitration
within the admiralty and maritime industry? Charter party
disputes appear to be the key areas for arbitration. However, I
was recently involved in a large salvage claim arbitration.
Have there been any legislative changes in the US Admiralty
and Maritime sector recently? If so, please explain. Many
of the legislative changes in the US revolve around deep water
drilling restrictions. While I believe that some of the changes
or proposed changes are a bit knee jerk in origin, the new
Is there anything else you would like to add? 2016 will be
an interesting and challenging year for our industry. However,
hundreds of years have proven that the industry is resilient and
will recover.
New Orleans CityBusiness
Women of the Year
Cristi Chauvin was selected as a CityBusiness Women of the
Year, which recognizes 50 women from the area. Honorees are
innovative leaders who are making waves with their energy,
ideas, achievements and commitment to excellence in the
area. Honorees are selected based on business and community
involvement and achievement that have set the pace for the
overall community. Fowler Rodriguez sponsored a table for
the event.
The 17th annual “Women of the Year” recipients were recognized at
a luncheon where Lisa Blossman (Publisher) presented recipients,
including Cristi Chauvin (Fowler Rodriguez), their awards. They
are pictured here with Christian Chauvin.
10
Fowler Rodriguez
attorneys around town
Carnival Corporation CEO Arnold Donald
Named Maritime Person of the Year by the
Propeller Club of the Port of New Orleans
On Thursday, October 22, 2015 Carnival Corporation CEO Arnold Donald was honored as Maritime Person of the Year by the
Propeller Club of the Port of New Orleans, recognizing the Big Easy native for his outstanding contributions to both the city
and port of New Orleans.
Carnival Corporation CEO
Arnold Donald
Maritime Person of the Year
Propeller Club of the
Port of New Orleans
Luis Llamas, Antonio Rodriguez, George Fowler, Arnold Donald (Maritime Person of the
Year), Rita Benson LeBlanc, Edward LeBreton, and Jake Rodriguez
Cancer Support Community in Greater
Miami With Carnival Cruise Line
Admiralty and Cruise Law:
A View from the General Counsels
golf at Riviera Country Club
Fowler Rodriguez was a Gold Sponsor for the Admiralty
and Cruise Law: A View From the General Counsels event
hosted on October 7, 2015, by the Daily Business Review.
Speakers at this year’s event included: Daniel Farkas, Senior
Vice President and General Counsel at NCL (Bahamas) Ltd.;
Arnaldo Perez, General Counsel and Secretary of Carnival
Corporation & PLC; Bradley H. Stein, Chief Compliance
Officer and General Counsel of Royal Caribbean Cruises
Ltd.; and Sanford “Sandy” Bohrer, Partner, Holland &
Knight LLP. Attendees from Fowler Rodriguez included:
Antonio Rodriguez, Michael Rosen, George Fowler, Reginald
Hayden, Bill Milliken, Bill Boeringer, Guillermo Dominguez,
Luis Llamas and Santiago Padilla.
Fowler Rodriguez was a Golf
Cart Sponsor of the Tee Off
Fore Wellness Golf & Tennis
Tournament to benefit the Cancer
Support Community Greater
Miami. Susie Winslow (Cancer
Support Community Greater
Miami) and Bill Milliken (Fowler
Rodriguez)
Golf at Riviera Country Club
Bill Milliken (Fowler Rodriguez) Mary Sloan (Carnival
Cruise Line), Gary Field (Steamship Mutual), and Doug
Torborg (Doug Torborg Consulting)
11
Fowler Rodriguez
attorneys around town
Friday Night Lights
During Gleason Gras, an annual benefit by The Gleason Initiative Foundation to raise awareness of ALS started by Steve
Gleason of the New Orleans Saints, Jennifer Larson of the New Orleans office and friends were the proud winners of an auction
benefiting advanced and experimental technology, equipment and treatments for ALS patients. The win granted six Saints fans
a private tour of the Saints training facility and lunch with the players. Photos below include: Michael Mauti of the Saints,
Jennifer Larson, Steve Gleason, John and Katie Hoff, Mike and Kristy Baird, Matt Muller and Thomas Morstead of the Saints.
Salvage Expert Dinner
2016 Audubon
Nature Institute
Zoo-To-Do
Daniel and Jennifer Lichtl
attend the Audubon Zoo-ToDo. Fowler Rodriguez was a
sponsor of this year’s event to
support the Audubon Nature
Institute initiatives.
Hans Van Rooij, Consultant at Global Marine Solutions B.V.,
former Director of Greenpeace and world renowned salvage expert
and Tim Strickland (Fowler Rodriguez)
On the Hunt
Texas Bowl
Tim Strickland enjoying the great outdoors as he leads clients on a
hunting trip.
LJ Schilling, Dee Flint, Julie Slocum (Ensco), Tim Strickland, and
Lyle Schilling gather for the LSU vs. Texas Tech game.
12
Fowler Rodriguez
attorneys around town
Houston Marine Insurance Seminar
Jose Guadalupe (Parade)
and Stella Singer (Matthews Daniel)
Amy Oliphint and Jon Wise
Tina Johnson-Bryant (Fowler Rodriguez), Stacey
Norstrud (Fowler Rodriguez), Germaine Baur
(Texas Law Shield), and Mary Holmesly (Fowler
Rodriguez)
Eddie Cave (Lloyd and Partners), Julie Slocum
(ENSCO Offshore Company), Dee Flint (Fowler
Rodriguez), Jason Sedgwick (Miller Energy) and
Steve Bertenshaw (Lloyd and Partners)
Darlene Bisso, Cristina Fowler,
and Cappy Bisso (Bisso Marine)
International Marine Claims Conference
Skipper Chenault and Bill Milliken
(Fowler Rodriguez)
Skipper Chenault (Fowler Rodriguez) and
Shelley Chapelski (Bull Housser)
Massimo Canepa
(Genoa) and
Bill Milliken
(Fowler Rodriguez)
13
Massimo Canepa (Genoa), Bill
Milliken and Skipper Chenault
(Fowler Rodriguez) and Dimitris
Kardiakopoulos (Marine Surveyor
from Greece)
Fowler Rodriguez
in politics
Commissioner of Insurance, Jim Donelon Visits Pan-American Life
Jose Suquet (Pan-American Life, Chairman) looks on to Guest of
Honor, Jim Donelon as he speaks to the crowd
Christian Chauvin, Cristi Chauvin (Fowler Rodriguez), and John
Foley (Pan-American Life)
Norm Sullivan (Fowler Rodriguez), Jose Suquet (Pan-American Life), Guest of
Honor, Jim Donelon and Jerry Carlisle (Pan-American Life)
U.S. Congressional Candidate Noelle Nikpour Visits Fowler Rodriguez
The 18th Congressional District of Florida will hold an
election for the U.S. House of Representatives on November 8, 2016
Hosts George Fowler, John Scialdone, Jerry Lathan, LJ Falgout, and John Naber show support for Candidate Noelle Nikpour in her quest
for United States House of Representatives Florida’s 18th District.
Lyle Schilling, Antonio Rodriguez, Jerry Lathan, John Naber, Guest of Honor Noelle Nikpour, George Fowler, Jaques DeGruy, Luis
Llamas, Ryan Martin, Lauren Guichard, Michelle Herrera, and Jeff Hall
14
Fowler Rodriguez
in politics
Senator Marco Rubio Visits Fowler Rodriguez
George Fowler introduces the guest of honor, Marco Rubio
Senator Rubio addresses the crowd at Fowler Rodriguez
Lauren Guichard, Florida Senator Marco Rubio, and Jeff Hall
Cristi Chauvin, Stephen Chauvin, Corey Platt, Christian Chauvin,
Noah Hardie (Alliant Americas Insurance), Wade Webster, Antonio
Rodriguez, Jake Rodriguez
George Fowler, Maria Elena Costa, Marco Rubio, Tony Costa
(Costa Farms) and Faustino “Tino” Dalmau (Premier Equipment
Corp.)
Attendees enjoy Senator Rubio’s presentation in the Fowler
Rodriguez Board Room
15
Fowler Rodriguez
in politics
U.S. Representative Dr. John Flemming Speaks at Event Co-Chaired by Luis Llamas
Luis Llamas co-chaired
Maverick PAC event
with special guest John
Fleming. Over the next
months, Maverick PAC
will be providing an
opportunity to hear from
all the candidates for the
U.S. Senate seat from
Louisiana.
Jeff Hall (Fowler Rodriguez), Dr. John Flemming,
Luis Llamas (Fowler Rodriguez), and Lyle
Schilling (Fowler Rodriguez)
Louisiana Appleseed’s Good Apple Gala
Bureau of Governmental
Research Luncheon
Soultana Mixakis, Michael Harowski (Fowler Rodriguez), and
Tracy Duplantier
Fowler Rodriguez was a sponsor at the Bureau of Governmental
Research luncheon on December 10, 2015 at the New Orleans
Marriott. Cristi Chauvin, Ryan Martin, Dee Flint, Edward
LeBreton, Cherie Teamer, Jacques DeGruy, Jeff Hall, Lauren
Guichard, attended from the firm.
Louisiana’s Good Appleseed projects seek to increase
access to education, opportunity and justice
The Tampa Bay Mariners Club, Inc.’s 2016 Maritime Industry & Marine Insurance Seminar
Fowler Rodriguez was a Contributing Sponsor for the Tampa
Bay Mariners Club, Inc.’s 2016 Maritime Industry & Marine
Insurance Seminar at the St. Petersburg Yacht Club on
May 18-19. This year, Christopher Koehler of the Tampa
office served as both the Moderator for the Seminar, and as a
Presenter. The seminar included presentations from marine
insurance agents, underwriters, adjusters, claim professionals,
marine surveyors and investigators, as well as both maritime
insurance coverage and defense counsel. Mr. Koehler
delivered a presentation entitled “Personal Injury Claim from
Injury to Trial – Defense Perspective.”
Event Speakers: Christopher Koehler (Fowler Rodriguez); Dewey
Ives (Marine Surveyor); Steve Cunningham (Legacy Underwriters);
Matthew J. Valcourt (Valcourt & Famulari, P.A.); Karen Griswold
(Chubb); Antony Dalton, P.E. (S-E-A, Ltd.); and Mark Smieya
(Travelers)
16
Fowler Rodriguez
in business
World Trade Center International Business Committee
George Fowler was invited to present his views on recent activity to thaw relations between the U.S. and Cuba and
how this might impact business opportunities for Louisiana. The event took place in New Orleans on March 28.
Michael Olivier (Committee of 100), event attendee, Corrado
Giacona II, Chairman of the Advisory Board of the WTC, and
George Fowler
George Fowler and Ken Duncan (General Counsel & Director,
At The Threshold Ltd; Principal, Duncan & Associates; Former
Louisiana State Treasurer)
42nd International Conference of the Comité Maritime International in New York
Fowler Rodriguez sponsored the 42nd International
Conference of the Comité Maritime International. The
conference is in joint sessions with the Maritime Law
Association of the United States spring committee meetings.
The conference returned to New York City from May 3-6,
2016, marking the first time the conference has been held on
U.S. soil in 50 years. During this conference many maritime
lawyers and industry players held joint sessions to share
knowledge and experience regarding the issues of modern
shipping law. Those in attendance from the firm included:
George Fowler, Antonio Rodriguez, Norman Sullivan,
Edward LeBreton, and Skipper Chenault.
Jef Gorrebeeck (Vanbreda Risks & Benefits), Marc de Man (De
Man Pillet), George Fowler (Fowler Rodriguez)
Pro Mexico
Luis Llamas (Fowler Rodriguez) attended the Pro Mexico Event sponsored by the Consul
General of Mexico, Ramon Gonzalez. Also in attendance were Gregg Gothreaux of the
Louisiana Economic Development Authority and Enrique Perret Erhard of Pro Mexico.
The event was held to continue to build commercial relationships between Mexico and
Southern Louisiana.
17
Fowler Rodriguez
celebrates the holidays
Fowler Rodriguez Enjoys Carnival Season With Pan-American Life Insurance
Bryan Scofield (Pan-American Life), Abby Suquet (Pan-American
Life), Jon Suquet (IBERIABANK), Ileana Suquet, Christian and
Cristi Chauvin
Christian Chauvin, Jose Suquet (Pan-American Life), George
Fowler, and Ileana Suquet
Krewe of Icarus
Polly Hardie, Cristi Chauvin, Noah Hardie (Alliant Americas
Insurance), Duncan Brown (Dawn Services), and Maricarmen
Aldana
Cristi Chauvin, Norm Sullivan, Luis Llamas and Raul Fonte (New
Orleans Hispanic Heritage Foundation)
Fowler Rodriguez New Orleans Office
Annual Christmas Luncheon
at Brennan’s
18
Fowler Rodriguez
community outreach
The 31st Annual Casa de Campo Sugar Golf Tournament in the Dominican Republic
benefitting the children of MIR
On March 30th George Fowler played in the 31st Annual
Casa de Campo Sugar Golf Tournament. Over 100 golfers
played to raise money for the Fundación Misión Internacional
Rescate, “MIR” Charities. In 1988, after a pilgrimage to
Bosnia, Lian Fanjul de Azqueta, founded MIR with a small
food distribution service of packed bags of food out of her
mother’s garage. Later that same year, her brother Alfonso
Fanjul (President/CEO, Central Romana Corporation), won
the Sugar Golf Tournament and donated his winnings to his
sister for educational programs in the Dominican Republic.
Together with Emilia and Jose “Pepe” Fanjul, among others,
they began hosting the annual fundraiser. With the support
of countless private citizens and major companies around the
world, MIR has assisted tens of thousands of children escape
poverty by identifying and addressing needs with targeted
services. MIR provides a home, medical assistance, education
and technical preparation for youth in need.
The photos were taken during the Welcome Cocktail hosted by
IBI Yachts and Benetti Yachts at the Marina Casa de Campo
on Wednesday, May 30.
Jorge Castellanos, Christian Chauvin, George Fowler (Fowler
Rodriguez), and Jerry Pate (PGA Tour Golfer)
Ileana Suquet, Cristi Chauvin (Fowler Rodriguez), Jose Suquet
(Pan-American Life), Christian Chauvin, Jerry (Pan-American
Life) and Darleen Carlisle
2016 Tulane Law School
Hall of Fame Luncheon
The firm was a Table Sponsor at the 2016 Tulane Law School
Hall of Fame Luncheon on June 3, in New Orleans. The 2016
Hall of Fame Class includes: U.S. District Judge Martin L.C.
Feldman (A&S ‘55, L ‘57); Professor Robert Force; Margot
Lampe Mazeau (L ‘58); *Dermot S. McGlinchey (A&S ‘54,
L ‘57); *Sylvia Roberts (L ‘56); Alabama Attorney General
Luther J. Strange III (A&S ‘75, L ‘79); and Professor A.N.
Yiannopoulos. (*Posthumous Honorees)
The annual Southeastern Admiralty Law Institute Seminar
was held June 24-25, 2016, at the Marriott Orlando World
Center in Orlando, Florida. The conference provides an
arena where Admiralty law practitioners in the Southeastern
United States convene to discuss the major issues in the field.
This year, George J. Fowler, III, Luis E. Llamas, and Delos
E. “Dee” Flint, Jr. from Fowler Rodriguez spoke at the
seminar. Delos E. “Dee” Flint,
Jr. delivered a presentation
entitled “Acts of God: From
Cathedrals to the Courtroom,”
while George J. Fowler, III
and Luis E. Llamas spoke
about Cuba trade policies and
commercial considerations.
19
Jeff Hall, Dee Flint, Edward LeBreton, George Fowler, and
Michael Harowski
Fowler Rodriguez
Maritime
Honors
Academy
community outreach
The Shipping Golf Tournament
The event is an invitational social event sponsored by the
international Maritime Community from Italy, the UK,
France, Monaco, Turkey, the USA, and more. The event took
place at Villa Carolina Golf Club, North of Genoa, Italy.
Christopher Koehler of our
Tampa office accompanied
Maine Maritime Academy
Midshipmen to the Maritime
Honors
Academies
at
Jefferson and Blake High
Schools, where he spoke on
Admiralty Law.
Massimo Canepa (Genoa) and Bill Milliken (Fowler Rodriguez).
Massimo Canepa, a doctor in Mechanical Engineering, is one of
the leading marine surveyors in the marine industry, operating
worldwide from his base in Genoa, Italy. He has been serving both
the Italian and other marine insurance markets for over forty years
and has proved to be a valuable expert witness for clients.
Hispanic Chamber of Commerce of Louisiana
Fowler Rodriguez was an “Amigos” level sponsor of the Hispanic Chamber of Commerce Lunch that took place in New Orleans
on April 12. Raymond Arroyo, Chairman, United States Hispanic Chamber of Commerce was the keynote speaker for a
roundtable discussion for Small Business Owners.
Ben Johnson (New Orleans Chamber of Commerce), Sonia Perez
(AT&T) and Leo Marsh (AT&T)
Juan Gershanik, Mayra Pineda, Alex and Ana Gershanik
Vanessa Stone, Patricia Brinson (home featured), Cristi Chauvin
(Fowler Rodriguez), and Margarita Bergen (New Orleans Living
Magazine)
Darleen Carlisle, Ileana Suquet, Cristi Chauvin (Fowler Rodriguez),
Colleen Gravley, and Vanessa Stone
Louisiana Philharmonic Orchestra Fundraiser
20
Fowler Rodriguez
community outreach
New Orleans Hispanic Heritage Foundation’s 25th Annual Azucar Ball
The New Orleans Hispanic Heritage Foundation (“NOHHF”)
hosted its 2015 Azúcar Ball presented by Pan-American Life
Insurance Group. This year the fundraiser was a black-tie
masquerade ball held on November 21, 2015 at the Hyatt
Regency New Orleans. A Patron Party sponsored by Dickie
Brennan & Company allowed participants to enjoy outstanding
food and beverages while viewing the auction items.
George Fowler is a founding member and President of the
NOHHF. This is a non-profit organization whose purpose is
to provide a directed effort in cultivating and promoting the
Hispanic heritage of the South. The NOHHF tries to share
and integrate this heritage into the area’s economic cultural and
social mainstream. The NOHHF is governed and managed by
a board of volunteers. Virtually every dollar that is contributed
to the Foundation goes to scholarships that are awarded to
outstanding young men and women. Since 1993 the NOHHF
has awarded over 600 high school and freshman-year college
scholarships to top-notch Latin American students who
attend some of the best local schools. These students go on to
be responsible leaders and make substantial contributions to
the betterment of our community.
George Fowler and Rita
Benson LeBlanc
2015 GÁLVEZ CUP RECIPIENTS - Mario Villa, Hernán
Caro, and Luis Colmenares
Presented by: Jose Suquet, not pictured (Pan-American
Life), George Fowler (Fowler Rodriguez), and Raul Fonte
(New Orleans Hispanic Heritage Foundation)
Dr. John Church and Bev Church
(St. Charles Ave. Magazine)
Vanessa Stone and her friends in masquerade.
21
Fowler Rodriguez
spotlight
Jeri Lyn Pepperman
Who at the firm makes you laugh and why? Do you have
any interesting stories about any of your co-workers?
L.J. Schilling. The manner he shares his personal stories,
which always make me laugh. I won’t go into details, OK?
Legal Receptionist, New Orleans
Do you have a nickname?
“Pep” or “Pepper.” My family calls me “Je”
What is your favorite office activity and why?
Christmas lunch at Brennan’s was outstanding.
Where were you born and where did you
grow up?
Born in New Orleans and moved to
Metairie at 11 years of age.
What do you like about working at Fowler Rodriguez?
Staff here is friendly and willing to answer questions I need
answered.
Have you traveled anywhere cool? Where else would you
like to go?
I have been to Europe several times and loved the experiences.
I would like to travel to Ireland since I am of Irish descent.
If you could meet anyone from any era who would it be and
why?
Princess of Monaco – Grace Kelly. She was a woman determined
to be true to her passion (acting) and had a philanthropic heart
when her acting career ended.
Did you work anywhere interesting before joining us?
Working as an elementary Teacher Assistant was challenging
and interesting. Children have always had a special place in
my heart. What they taught me was so much more than I could
have ever taught them. Trust and transparency were values I
thought I knew as an adult but viewing these from a child’s
perspective was life changing for me.
Have you met anyone interesting lately?
Senator Marco Rubio when he visited the Fowler Rodriguez
New Orleans office.
What is your best/worst attribute?
Best = Friendly Worst = Impatient
Any community service/fun events you’ve attended/
organized etc?
I enjoy cooking for different charities in our community. I
believe giving is more rewarding than receiving.
Do you have a favorite quote or saying?
“The Will of God Will Never Take You Where the Grace of
God Cannot Keep You!”
Reed Bourgeois
more impressed by our performance during trial. It was a
huge case that I am extremely proud to have been a part of…
and we won of course!
Office Manager, Gulfport
Do you have a nickname?
R, Reedo, Re & Butter
Do you have a favorite quote or saying?
Do not be anxious about anything, but in every situation,
by prayer and petition, with thanksgiving, present your
requests to God. And the peace of God, which transcends
all understanding, will guard your hearts and your minds in
Christ Jesus. (Philippians 4:6-7)
Where were you born and where did you
grow up?
I was born in New Orleans, but moved to the Mississippi
Gulf Coast a few years later where I grew up (Gulfport/Pass
Christian area).
Do you have a history in the legal world?
Both my grandfather, Ben Stone, and my father, Larry
Bourgeois, are attorneys. My father is now a Circuit Court
Judge and my grandfather represents corporate clients all
over. My father has previously practiced law in both the
private and public sectors and my grandfather previously
served as a MS State Senator. Between the two, and both
their colleagues and peers, I have grown accustomed to the
legal world; and of course, the sermons and lectures that come
along with the territory! I grew up visiting both of their offices
quite frequently, and even spent a few summers working in my
grandfather’s office.
Have you traveled anywhere interesting? Where else would
you like to go?
I have traveled to a bunch of great places. My most recent
trips were to the Dominican Republic and Tulum, Mexico –
both were beautiful! I’m dying to visit Dubai, the Maldives,
Egypt, Bora Bora ---the list goes on and on!
Worked on any particularly interesting or funny cases?
When I first joined the firm I was given the opportunity to
travel to Miami and work with George Fowler on an important
case for our client, Carnival, against Rolls-Royce. I was
fascinated with the parties and counsel involved and was even
22
Fowler Rodriguez
spotlight
Jeffrey S. Hall, Jr. - New Hire
Worked on any particularly interesting or funny cases?
As a former Assistant District Attorney in New Orleans I’ve
prosecuted a theft of a Chihuahua, a criminal who wore a fuzzy
alligator hat, and a case where a guy drank too much, climbed
to the top of the Walgreens on Canal St., broke the store’s
industrial air conditioners with his bare hands, then woke up
on the roof having no idea how he got there.
Associate, New Orleans
What are your duties?
Trial preparation, research, and writing.
Where were you born and where did you
grow up?
I was born in Fort Worth Texas, and I grew up all over the
East Coast.
Do you have any funny stories about co-workers or
experiences on the job?
I watched a plaintiff’s attorney berate his client for making him
miss a massage.
What do you enjoy doing in your spare time?
I love Latin American travel, golf, live jazz, and Italian Cooking.
What is your most embarrassing moment?
I slipped and fell face first into a pile of wet mud in a suit in
front of a few dozen new co-workers at my first job out of
college.
What is something most people don’t know about you?
I played in a band that opened for Tito Puente.
Do you have any interesting travel plans in your future?
I’m planning a trip to Mexico City for Dia De Los Muertos
with a group of friends.
What’s your favorite movie and why?
They just put together a seamless single picture version of The
Godfather I and II. It’s my two favorite movies packed into
one, very long version.
Any community service/fun events you are a part of?
I’m a member of the Benefactor’s Board at UVA, and will be
throwing a National Council For Adoption Fundraiser this
coming spring.
What do you like about working at Fowler Rodriguez?
We’ve got great people and lots of interesting cases.
Is there anything about yourself that you can brag about?
Reigning Fantasy Football champion in my friends’ league.
Chenault Elected Board President for the
Lake Pontchartrain Basin Maritime Museum
In January 2016, Skipper Chenault was elected president
of the Board of Directors of the Lake Pontchartrain Basin
Maritime Museum. The museum is located on the banks
of the Tchefuncte River in Madisonville, Louisiana, on a
site once occupied by the Jahncke Shipyard. Its mission
is to bring Louisiana’s maritime history to life through
unique interpretive programs, exhibits, and publications.
The Wooden Boat Festival, held each year in October, is
the museum’s premier fundraising event and features over 100 wooden and The ONDENE on her way to a second
classic boats, including Skipper’s wooden Herreshoff ketch ONDENE. place finish in the Great Lake Race on Lake
This year Hornbeck Offshore Services, a key museum supporter, teamed Pontchartrain at New Orleans.
with the museum to inaugurate the annual Anchor Classic golf tournament,
which will supplement the museum’s budget.
Legacy Donor Foundation
Cristi Chauvin was recently apporinted to the Board of Directors of the Legacy Donor
Foundation. Legacy Donor Foundation was founded by David Voelker in 1999 with
the mission to save and heal lives by inspiring Louisiana residents to register as organ,
eye and tissue donors. The organization provides education programs and public
awareness activities to the citizens of Louisiana. The organization hosts the annual Soul Revival fundraiser,
which attracts 1,000 attendees where guests enjoy cuisine by New Orleans’ best restaurants and music in a
unique block party.
23
Fowler Rodriguez
new affiliations
LATIN AMERICAN GROWTH
Latin American Practice Strengthened By Two Strategic Alliances in Colombia and Argentina
Fowler Rodriguez recently completed strategic alliances with international law firms in Colombia and Argentina that will allow
the firm to further assist clients that are active in those areas. The firm is now aligned with Arciniegas Largacha Morales in
Colombia and Estudio Bunge in Argentina. Both firms have outstanding legal reputations and rich histories with practices
aligned for doing business with Fowler Rodriguez. More about each firm and notable attorneys from their firms can be found
on the following page and on the website of the two respective law firms at http://www.abpabogados.com/ and http://www.
estudiobunge.com/.
About the FR International Group
The FR International Group of Independent Law Firms (“The FR International Group”) was organized in 1988 in order to
provide a unified and efficient approach to handle legal matters that cross international boundaries. The FR International Group
offers the client the ability to respond promptly and seamlessly to international cases. The FR International Group has office
affiliates in the following locations:
•Argentina
•Colombia
•Guatemala
•Panama
•Uruguay
•Belize
•Costa Rica
•Haiti
•Paraguay
•Venezuela
•Dominican Republic •Honduras
•Peru
•Bolivia
•Brazil
•Ecuador
•Mexico
•Puerto Rico
•Chile
•El Salvador
•Nicaragua
•Trinidad & Tobago
For more information and a detailed description of the FR International Group, please visit the firm website.
Argentina ESTUDIO BUNGE - Bunge Smith & Luchía Puig Abogados was founded in 1958 and is one of the oldest law firms in
Buenos Aires, Argentina. It is an international firm that has represented its clients in almost every sector of the Argentine
economy, including banking, insurance, aviation, telecommunications, broadcasting, technology, intellectual property, real estate
development and finance, defense & government contracts, mining, energy, agricultural business, chemical, petrochemical,
tourism, the education sector, and the pharmaceutical industry, among others.
ESTUDIO BUNGE’s attorneys are prepared to meet present-day legal demands arising from an evolving global economy, not
only from Argentina, but also from around the world, for which they have completed postgraduate legal education in universities
of Argentina and United States of America. Juan Serralles, Managing Partner of the firm’s Miami office has maintained a
longstanding relationship with Estudio Bunge partner Diego Bunge and his firm for 16 years.
Diego César Bunge has a rich history that has lead him to travel the world and gain ties to both Argentina
and Louisiana. His background is extensive. He has been listed a “Best Lawyer” in Argentina. He was
appointed “Honorary Citizen of the City of New Orleans” by Mayor Mr. Sidney Bartholomew. He is a
Visiting Instructor of several organizations including: The International Law Development Organization
in Rome, Italy, Tulane University School of Law and Southern Methodist University (where he earned a
Masters in Comparative Law). He is an Assistant Professor of the School of Law and Social Sciences at the
Universidad de Buenos Aires and a Professor of Law of the Graduate Masters Program in Business Law at
the Escuela Superior de Economía y Administración de Empresas – ESEADE in Buenos Aires. He is Director of the Graduate
Program of Specialization in Banking Law at the Universidad de Buenos Aires, School of Law and Social Sciences. He was also
Dean of the School of Juridical and Social Sciences of the Universidad de Ciencias Empresariales y Sociales – UCES in Buenos
Aires, Argentina. He has extensive experience in International Transactions and is particularly skilled in structuring, planning
and protecting investments. He has participated in complex legal issues in the fields of Banking and Finance, Construction,
Real Property, Telecommunications, and Broadcasting and Entertainment. Furthermore, he has skillfully handled domestic and
international complex litigation and arbitration cases. Bunge’s diverse background and rich history make him an invaluable
addition to the Fowler Rodriguez team.
24
Fowler Rodriguez
Colombia
new affiliations
- Our Colombian leaders team up with the new affiliates
Luis Enrique Cuervo
Luis is the head of Fowler Rodriguez Colombia Desk, and has been since 1993. He has been operating in Colombia
for over 20 years and is one of the country’s most distinguished attorneys. He operates his practice out of both
Houston and Bogotá and will continue to lead the Columbian practice. He has extensive experience providing
advice to multinational companies doing business in Latin America and representing Latin American entities in
the U.S. His primary areas of focus include energy, oil and gas, commercial, maritime and insurance matters. In
addition, he has experience representing clients in litigation and international arbitration. He also served as an
advisor for OPEC. Over the years he has published and presented numerous times on oil and gas matters, policies,
transactions, and international dealings, including the definitive treatise on oil and gas law in Colombia. He was
also appointed advisor to the Colombian Ministry of Justice.
Claudia Linares
Prior to joining Fowler Rodriguez, Claudia was a consultant and lawyer for private and governmental entities
in Colombia, including the Ministry of Finance and Public Credit and the National Hydrocarbons Agency of
Colombia. She was the General Coordinator for “Bid Round Colombia 2012” the bi-yearly international tender
provided by Colombia to award oil and gas concessions, that resulted in the award of 49 concessions to oil and gas
companies and more than USD $2.6 billion in foreign and domestic investment for the country. Claudia has ample
experience advising foreign investors in the fields of energy, infrastructure, public procurement, corporate matters,
compliance and dispute resolution.
ARCINIEGAS
LARGACHA
MORALES,
ARCINIEGAS LARGACHA MORALES
brings together a group of lawyers, specialists in corporate
law, finance and foreign trade, with offices in Colombia,
with over 40 years experience in their practices. The firm
attends to foreign customers operating in Colombia and
represents clients to advance activities in foreign markets. To
this end, the partners and lawyers of the firm have extensive
experience in commercial, corporate, financial issues,
mergers and acquisitions, restructurings, labor, real estate,
intellectual, aeronautical, tax, environmental, administrative,
hotel, tourism and foreign trade property. The firm is also
known for its high-level advisers in international trade, public
relations, information technology, financial analysis, business
management, tax, accounting and investment banking. The
firm has a section on immigration and visas, as a support for
corporate and business activities of their foreign clients.
Ismael Enrique Arciniegas Largacha is
a Doctor of Law of the Universidad del
Rosario, with 50 years of professional
experience within which he has advised
multinationals and companies of the real
sector. He served as Land Chief of Texas
Petroleum Company, external attorney
of CITYBANK, director of the Hotel Organization German
Morales E Hijos LTDA and of GHL Hotel LTDA, President
of the Colombian Hotel Corporation, (COTELCO), President
of the Interamerican Association of Hotels (AIH), President of
the Colombian Chamber of Tourism, Member of the Council
of Directors of the International Hotel Association based in
Paris, to name just a few. Former Vice Minister of Tourism.
He has been awarded the “Order of Democracy in Grade of
Grand Cross” by the Colombian Congress.
Attorneys from ARCINIEGAS LARGACHA MORALES visit
the Fowler Rodriguez New Orleans office.
Claudia Linares from Fowler Rodriguez, Ismael Enrique
Arciniegas Largacha and Ismael Enrique Arciniegas Gómez.
Cristina Morales Stevenson studied law in
Universidad de la Sabana and Universidad
de los Andes. Holds a graduate degree
in commercial law. With over 12 years
experience, including serving as in-house
attorney and business affairs executive at
two of the most important media companies
in Colombia, Casa Editorial El Tiempo
and Caracol Televisión S.A. Cristina’s global knowledge
and comprehensive vision of the entertainment industry
and commercial contracts make her a leading practitioner in
commercial law and intellectual property.
25
Fowler Rodriguez
new hires
Jeffrey S. Hall, Jr. - ASSOCIATE
New Orleans, LA
Jeffrey S. Hall Jr. joined the New Orleans office of Fowler Rodriguez in October 2015. Before joining Fowler
Rodriguez, Mr. Hall served as an Assistant District Attorney with the Orleans Parish District Attorney’s
Office where he was assigned to the Felony Trials division. As a felony prosecutor Mr. Hall tried criminal
cases in front of judges and juries while managing a docket of hundreds of felony cases and investigations.
Before becoming an Assistant District Attorney, Mr. Hall worked as a law clerk at the Orleans Parish District Attorney’s office’s
Major Offense Trials Group where he built multi-year homicide cases.
Between his undergraduate and law school years, Mr. Hall worked as an Associate with the Research Analytics group at Fisher
Investments in Woodside California. As an equity research analyst, he provided quantitative and financial research for the sixtyfive billion dollar money manager’s Private Client Group and Institutional groups.
Mr. Hall received his Bachelor’s Degree from the University of Virginia and his law degree from Tulane University. He is a
member of the University of Virginia’s Benefactor’s Society Board and received the Pro Bono and Civil Law certificates from
Tulane University.
Maria G. Alvarez - PARALEGAL
Miami, FL
Maria G. Alvarez joined Fowler Rodriguez in August of 2015 as a Certified Paralegal on Santiago Padilla’s
team in the Miami office. She works mostly in the immigration and corporate law practice group and has
experience handling employment-based immigration petitions. Maria can act as a liaison between the INS, the
DOL, and attorneys. She can support clients who wish to obtain work permits and visas for the citizenship
process and she can assist in drafting applications and petitions for filing with the INS and the DOL. She
can research foreign documents (birth, military, prison and police records) and coordinate their certification. She also has
experience researching the immigrant and nonimmigrant visa alternatives, preparing clients for INS interviews, and obtaining
monthly visa numbers from the State Department.
Maria was born and grew up in Venezuela where she learned both Spanish and English as her first languages; she is also
proficient in French and Italian. She attended “L’Alliance Française” in Venezuela, a French immersion school and studied for
two and a half years in “Centro Culturale Italiano” in Venezuela, to learn Italian. Marian received her Associate’s Degree in Arts
of Paralegal Studies from Keiser University in Pembroke Pines, with honors.
Ashley E. Bane - ASSOCIATE
New Orleans, LA
Ashley E. Bane joined Fowler Rodriguez in January 2016 as an associate in the firm’s New Orleans office.
Her practice focus is in admiralty and maritime matters. She attended Tulane University for both her
undergraduate and law degree. She received her B.A. in Classical Studies in 2003 and her J.D., graduating
cum laude in 2014.
Prior to joining Fowler Rodriguez, Ms. Bane worked as an Associate at Burleson LLP performing legal research, drafting
pleadings and discovery and attending depositions and hearings. Ms. Bane was a research assistant to Professor Robert Force
at Tulane Law School where she researched admiralty jurisdiction and procedure.
She is a member of the Tulane Inn of Court, ABA and was the Senior Managing Editor of the Tulane Maritime Law Journal
where she received the Martin Davies Award (2014), as well as the A.N. Yiannopoulous Award (2013). She was admitted to
practice in Louisiana in 2014.
26
Fowler Rodriguez
recognitions
NEW EQUITY PARTNERS
MICHAEL HAROWSKI
joined Fowler Rodriguez
in 2006 and has focused
his practice in the fields of
maritime law, environmental
law, and marine and
pollution casualty response.
His practice has focused
on cases involving marine
casualties,
collision,
pollution, fire, personal
injury, complex maritime
products liability, oil spill response, maritime and
environmental regulation, cargo claims, insurance
coverage and defense, charter parties, commercial
litigation, contract disputes, and a wide range of
transactional matters. He is a member of the firm’s
on-scene casualty/pollution response team, where he
has participated in responses to major vessel casualties
and oil spills and has obtained extensive exposure to
federal and international regulatory investigations
and pollution liability laws.
A native of Ormond Beach, Florida, Mr. Harowski
graduated from Emory University with his bachelors
in economics before obtaining his law degree from the
Tulane University School of Law. While studying at
Tulane, he received the Charles Kohlmeyer Jr. award,
presented to an outstanding graduate in the field of
maritime law. He also was a managing editor of the
Tulane Maritime Law Journal.
LUIS E. LLAMAS joined Fowler Rodriguez
in August 2010. Practicing out of the firm’s
New Orleans and Miami offices, Mr. Llamas
concentrates his practice in admiralty,
complex commercial litigation, international
law and various transactional matters. He has
handled cases involving marine casualties,
products liability, transportation law, the
Foreign Corrupt Practices Act (“FCPA”)
and Latin America. He also has experience
in international arbitrations, including
arbitrations before the ICC (International
Chamber of Commerce) and ICSID (International Centre for
Settlement of Investment Disputes).
Mr. Llamas represents both domestic and foreign litigants before U.S.
and foreign courts. Mr. Llamas has significant experience in litigating
issues of jurisdiction and forum non conveniens in both federal and
state courts in Louisiana, Texas and Florida.
Mr. Llamas has handled numerous commercial transactions, including
the drafting and negotiating of membership transfer agreements,
purchase agreements as well as non-compete agreements. Mr. Llamas
has also drafted and negotiated multiple residential and commercial
leases for both landlords and tenants.
A native of Miami, Florida, Mr. Llamas received his B.A. in Marketing,
cum laude, in 2007 from Loyola University New Orleans. In 2010,
Mr. Llamas obtained his J.D. from Florida International University
School of Law. During his time there, he founded the “Gavel for
Human Rights” award through his work with the Cuban American
Law Society.
Fowler Rodriguez Martindale-Hubbell AV Rated Lawyers
AV Preeminent is a significant rating accomplishment and a testament to the fact that a lawyer’s peers rank him or her at the
highest level of professional excellence.
NEW ORLEANS - Partners
George J. Fowler III
Antonio J. Rodriguez
Alanson Trigg Chenault IV
Lawrence Raymond DeMarcay III
Delos E. Flint Jr.
Mat Marion Gray III
Robert Reed Johnston
Edward F. LeBreton, III
Daniel Lichtl
Norman C. Sullivan Jr.
Wade P. Webster
Jon Wesley Wise
MOBILE - Partners
Mary Campbell Broughton
NEW ORLEANS - Of Counsel
T. Gregory Serwich II
Eugene R. Preaus
MIAMI - Partners
Mark David Rich
Juan Eugenio Serralles Jr
Michael Abram Rosen
Reginald Mason Hayden Jr.
William Barry Milliken
William Russell Boeringer
HOUSTON - Partners
Michael W. McCoy
Timothy W. Strickland
27
GULFPORT - Partners
Todd Gregory Crawford
John A. Scialdone
Fowler Rodriguez
recognitions
Fowler Rodriguez Named Leader in Transportation/Shipping Litigation
in Chambers USA: America’s Leading Lawyers for Business
This year, Chambers again named Fowler Rodriguez a leading law firm in
the national category of Transportation: Shipping: Litigation (outside New
York). The firm is recognized as a Band 1 firm in this category, which
is the highest achievement. George Fowler, Antonio Rodriguez and
Dee Flint were included for their contributions to the maritime industry.
George and Toney have been recognized in prior years. This is Dee’s first
year in the publication.
Super Lawyers & Rising Stars Recipients
Alanson T. Chenault, IV
Transportation/Maritime
Super Lawyers: 2015 - 2016
Todd G. Crawford
Transportation/Maritime,
Personal Injury - General:
Defense, Insurance Coverage
Super Lawyers: 2007, 2013 2016
Delos E. Flint, Jr.
Transportation/Maritime
Super Lawyers: 2016
George J. Fowler, III
International, General Litigation
Super Lawyers: 2007 - 2016
W. Jacob Gardner, Jr.
Transportation/Maritime,
Personal Injury - General:
Defense, Insurance Coverage
Rising Stars: 2013 - 2016
Antonio J. Rodriguez
Industry Groups: Energy,
Marine
Super Lawyers: 2008 - 2016
Michael W. McCoy
Transportation/Maritime,
Environmental Litigation,
General Litigation
Super Lawyers: 2007 - 2016
William (Bill) Milliken
Business/Corporate,
International, Real Estate:
Business
Super Lawyers: 2015 - 2016
Insurance Coverage, Personal
Injury - General: Defense,
Professional Liability: Defense
Super Lawyers: 2006 - 2007
Mat M. Gray, III
Transportation/Maritime,
Insurance Coverage, Civil
Litigation: Defense
Super Lawyers: 2008 - 2016
Juan E. Serralles, Jr.
Transportation/Maritime,
Personal Injury - General:
Defense, Insurance Coverage
Super Lawyers: 2008 - 2016
Michael Harowski
Transportation/Maritime,
Civil Litigation: Defense,
Environmental Litigation
Rising Stars: 2014 - 2016
Norman C. Sullivan, Jr.
Transportation/Maritime
Super Lawyers: 2015 - 2016
Jon W. Wise
Eugene R. Preaus
Business Litigation, Energy &
Natural Resources, Appellate
Super Lawyers: 2015 - 2016
Surety, Insurance Coverage,
Construction Litigation:
Business
Super Lawyers: 2014 - 2016
Edward F. LeBreton, III
Transportation/Maritime,
Insurance Coverage
Best Lawyers in America Recipients
ADMIRALTY AND
MARITIME LAW
New Orleans, LA
• Alanson T. Chenault
• Delos E. Flint, Jr.
• George J. Fowler III
• Robert R. Johnston
• Edward F. LeBreton III
• Antonio J. Rodriguez
• Norman C. Sullivan, Jr.
Gulfport, MS
• John A. Scialdone
INSURANCE LAW
Houston, TX
• Michael W. McCoy
COMMERCIAL LITIGATION
New Orleans, LA
• Delos E. Flint, Jr.
• George J. Fowler III
• Antonio J. Rodriguez
TRUSTS AND ESTATES
Coral Gables, FL
• Mark D. Rich
PRODUCT LIABILITY
LITIGATION - DEFENDANTS
New Orleans, LA
• Norman C. Sullivan, Jr.
TAX LAW
Coral Gables, FL
• Mark D. Rich
2016 “Best Law Firms” Firm Rankings
U.S. News and Best Lawyers joined to rank
more than 12,000 firms in the U.S. in various
practice areas. The recognition is given based
on lawyer evaluations and peer reviews from
leading attorneys in their field.
New Orleans - TIER 1
Admiralty & Maritime Law
Gulfport - TIER 2
Admiralty & Maritime Law
Miami - TIER 2
Tax Law
New Orleans - TIER 2
Commercial Litigation
Product Liability Litigation - Defendants
www.frfirm.com
Houston
713.654.1560
Miami
786.364.8400
New Orleans
504.523.2600
Gulfport
28
228.822.9340
Mobile
251.344.4721
Bogotá
011.571.313.4488
Tampa
813.251.1770