summer 2015 - Fowler Rodriguez

ENSCO Victory at Fifth Circuit Court of Appeals
On August 3, 2015, Dee Flint argued before the Fifth Circuit
Court of Appeals. Judge Gene Davis presided and Judges
Jennifer W. Elrod and Catherina Haynes comprised the
remainder of the Panel. At issue, the comprehensive ruling by
Houston Federal Court Judge Melinda Harmon entered on
October 9, 2014 wherein she ruled that ENSCO conducted a
good faith and diligent search for its lost rig and absolved it of any
liability for a latter allision. By way of background, Hurricane
Ike ripped the barge portion of the drilling rig ENSCO 74 off
of its legs sometime on September 12, 2008. Within ten hours of
Hurricane Ike’s passage, the ENSCO 74 traveled 100.9 miles
to the west/northwest, capsized and came to rest in 115 feet of
water in the South Sabine lightering area. Six months later the
M/V SATILLA, a 900 foot oil tanker, allided with the remains of
summer 2015
the rig at that location causing
substantial damage to the M/V
SATILLA.
ENSCO filed a Limitation
of Liability proceeding in
Federal Court and the focus
of the trial was whether or
not ENSCO conducted a full,
good faith search for its rig.
After listening to 32 witnesses
and reviewing over 500
exhibits, Judge Harmon ruled
CONTINUED ON PAGE 2
Fifth Circuit Court of Appeals and Federal Judge Hittner Dismiss Case Against Hornbeck Offshore
On March 23, 2015, Fowler Rodriguez attorneys George
Fowler, Edward LeBreton and Luis Llamas obtained the
dismissal of all claims against Hornbeck Offshore Services Inc.
(“Hornbeck”) arising from a collision between Hornbeck’s OSV
HOS Beaufort and a “floatel” in the Bay of Campeche. The ruling
was based on forum non conveniens (“FNC”) and is a significant
precedent in favor of US vessel operators seeking to keep claims
arising from their foreign operations out of US courts.
Fowler Rodriguez attorneys George Fowler, Timothy
Strickland, and Luis Llamas obtained the original dismissal in
2013. Cotemar S.A. de C.V. v. Hornbeck Offshore Servs., 2013 U.S.
Dist. LEXIS 122822, *19 (S.D. Tex. Mar. 29, 2013). Plaintiffs
appealed, and, on May 21, 2014, the Fifth Circuit affirmed the
dismissal, holding “the district court’s balancing of the private
and public interest factors did not constitute an abuse of the
district court’s discretion.” Cotemar S.A. DE C.V. v. Hornbeck
Offshore Servs., L.L.C., 569 Fed. Appx. 187, 188 (5th Cir. Tex.
2014). The Fifth Circuit, however, remanded the case back to
Judge Hittner to determine two discrete questions on remand.
In a strongly worded 34-page decision, Judge Hittner answered
both questions in favor of Hornbeck and confirmed his prior
order of dismissal.
CONTINUED ON PAGE 2
Violations of Usury Law Leads to Class Action Lawsuit
When his wife’s maid of honor was
charged with illegal, usurious late fees
by her condominium association, John
Garner wrote a letter challenging
the excessive fees. Despite Garner’s
admonition that the association’s late
fees violated Louisiana usury law, the
law firm and the association persisted in their efforts to collect
the excessive, illegal fees in violation of the Fair Debt Collection
Practices Act. Even though the client remained current on each
of her monthly assessments, the amount in dispute escalated by
more than 4,000% over a period of six months as the association
charged late fee on late fee, interest on interest, and unilaterally
assessed her account with their attorney’s fees. Garner consulted
with Todd Crawford, and they filed a class action lawsuit on
behalf of condominium owners against the law firm for violations
of the FDCPA and against several condominium associations 1
seeking reimbursement of excessive interest and late fees that
violated Louisiana usury law.
Drawing on Crawford’s experience defending class actions,
they filed a Motion to Certify two classes, one dealing with the
FDCPA violations by the law firm and a second dealing with
the associations’ violations of usury law. Judge Ginger Berrigan
granted their Motion to Certify the FDCPA Class in December
of 2014. It consists of condominium unit. Earlier in the case, the
Court rejected the associations’ argument that Louisiana usury
law did not apply to condominium assessments, and instead
granted Fowler Rodriguez’s Motion for Partial Summary
Judgment on the previously undecided issue – a point contested
vigorously by several prominent New Orleans law firms. That
ruling effectively decided liability relative to the condominium
associations. Now that the usury class has been certified, the
case will focus on damages due to the class members.
Fowler Rodriguez
cases of note
IBERIABANK Wins Summary Judgment
Following a complicated foreclosure of a
multi-million dollar residential property in
Tampa, a home owner’s association (“HOA”)
improperly claimed unpaid assessments that
had accrued prior to the foreclosure sale. The
HOA’s claim essentially froze the disposition
of the property. Fowler Rodriguez attorneys
Michael Rosen and Luis Llamas with the
assistance of Ryan Martin moved quickly and
filed a complaint to quiet title and obtain declaratory relief.
grants HOAs the right to hold a new owner responsible for
unpaid assessments, could not operate retroactively to impair the
terms of a mortgage executed prior to the statute’s enactment.
The case was the first of its kind to interpret Fla. Stat. § 720.3085
in the context of two mortgages, the first executed before the
statute’s enactment and the second after. At the hearing, Rosen
argued that because the proceeds from the foreclosure sale did
not fully satisfy the outstanding debt of the first mortgage, Fla.
Stat. § 720.3085 could not apply. The Court agreed. Notably,
Fowler Rodriguez was able to obtain a judgment within 6
months of filing the complaint, a considerable feat in light of the
heavy caseload seen in the 13th Judicial Circuit of Hillsborough
County.
Following brief discovery, Fowler Rodriguez moved for
summary judgment arguing that Fla. Stat. § 720.3085, which
ENSCO...CONTINUED FROM PAGE 1
that ENSCO did indeed conduct a “more than diligent search”
and rendered a judgment in its favor.
mounted multi-beam sonar as well as towed array sonar and
utilized both weather experts, to determine the drift pattern of
the rig, as well sub-sea sonar experts.
It was a hot, active bunch as all three of the Appellate Judges
were well versed with the facts of the case and were very
interested in exploring certain parts of the case. Neither the
Appellants nor the Appellees had much of an opportunity to
make a presentation; rather they were involved in answering
numerous questions ranging from the standard for appeal, the
role of the Coast Guard, to the extent of the geographical search.
It became obvious that what constitutes a full, good faith search
is determined on a case by case basis and that the Fifth Circuit
decided not to expand the law to require a shipowner to search
until they find their vessel. Finally, there was an issue of whether
or not the burden was on the claimants, to show ENSCO did
not conduct a diligent search, or ENSCO, as the owner of the
sunken rig, had the burden to show it conducted a full, good
faith search. Because the Trial Court both ruled that ENSCO
put on evidence to prove it conducted a full, good faith search
and that the SATILLA interests failed to show otherwise, the
Appellate Court said the issue was moot. What remains is that
in the seminal case in this Circuit, Allied Chemical Corp. v. Hess
Tankship Co. of Del., 661, F.2d 10444, 1061 (5th Cir. 1981),
Judge John R. Brown ruled that the claimant failed to show
the wreck owner did not conduct a full, good faith search, which
ultimately puts the burden of proof on the claimant to show a
wreck owner did not conduct a full, good faith search.
The claimant’s primary argument was that the District Court
failed to apply the proper legal standard in making its factual
findings that ENSCO conducted a full, good faith search. The
Appellate Court ruled the District Court followed the Fifth
Circuit precedent on the application of the standard and that the
SATILLA interests failed to show any reversible error by the
District Court. Factually, ENSCO searched an ever broadening
cone up to a point over 30 miles away from its original rig
location in an area covering approximately 120 square miles
of the ocean floor. It used the latest technology including hull
Further, because Plaintiffs had acted deliberately, Judge
Hittner’s order of dismissal did not require Hornbeck to waive
time bar or limitation for any claim or suit Plaintiffs may now
bring in Mexico. Second, in the interim between the original
decision and the appeal, the Plaintiffs had arrested the Beaufort
in Louisiana, and the Fifth Circuit asked Judge Hittner whether
the arrest affected his FNC analysis.
Hornbeck...CONTINUED FROM PAGE 1
First, Plaintiffs argued that Mexico was no longer an available
forum because the court ordered deadlines in Hornbeck’s
Mexican limitation proceeding and the statute of limitations
for new suits in Mexico had passed. The Fifth Circuit asked
Judge Hittner to determine whether Plaintiffs had deliberately
let these deadlines pass. Judge Hittner ruled against Plaintiffs
as follows:
“Cotemar’s decision to not appear in the Limitation
Proceedings [in Mexico] was a strategic, deliberate choice
made in an attempt to preclude forum non conveniens
dismissal. To allow Cotemar the ability to preclude forum non
conveniens dismissal completely through its own making, that
is, by not appearing in the Limitation Proceedings would be
to allow Cotemar to force litigation in the forum of its choice
and deprive the Court of its ability to dismiss litigation in
favor of a more convenient forum. The Court will not permit
Cotemar such ability.” Order p. 12.
With regard to ease of proof, Judge Hittner rejected the
Plaintiffs’ argument that it was necessary to view the vessel in
Louisiana, noting that the Plaintiffs had never argued previously
that viewing the vessel was important. Substantial liability and
damages evidence is located in Mexico, and Judge Hittner
found that most forum non conveniens factors were unaffected by
the presence of the Beaufort in the U.S. He again held that “an
overall balance of all of the evidence … weights more heavily
toward a Mexican forum than a United States forum.” Order.
p. 21. On August 20, 2015 the Fifth Circuit dismissed Plaintiffs’
appeal for failure to prosecute. The dismissal is now final.
2
Fowler Rodriguez
cases of note
Royal Caribbean Dismissed on Forum Non Conveniens
Fowler Rodriguez attorneys George Fowler, Edward LeBreton,
and Michael Harowski represented Royal Caribbean Cruises,
Ltd. and affiliated companies (“RCCL”) in motions that resulted
in the forum non conveniens dismissal of a suit by a Polish employee
of an equipment contractor who allegedly suffered a stroke while
working aboard RCCL’s Liberty of the Seas. In addition, the court
ruled for RCCL on personal jurisdiction over the contractor.
Andrezej Tarasewicz, etc. v. Royal Caribbean Cruises, Ltd, etc. Doc.
245, No. 14-CV-60885, U.S.D.C. S.E. Fla. (June 30, 2015). Mr.
Tarasewicz claim in the amount of $96,456,250 compensatory
and $194,450,000 punitive, alleged poor working conditions
while he was installing, commissioning, and modifying an
exhaust gas scrubber. On December 13, 2012, Mr. Tarasewicz
was taken to a hospital in Fort Lauderdale and, thereafter, filed
suit in the Southern District of Florida. Mr. Tarasewicz also sued
Green Tech Marine AS (“Green Tech”), which contracted with
RCCL to sell and install the gas scrubber; Marine Global Group
AS (“MGG”), the parent of Green Tech; and AMT Marine and
Industrial Engineering, Ltd. (“AMT”), which provided labor to
Green Tech and MGG.
Judge Bloom then examined the forum non conveniens factors and
determined that Poland or the U.K. would be more convenient.
Next, Judge Bloom addressed whether the claims against RCCL
should be severed and retained in the U.S. RCCL argued that
the claims for exposure to alleged dangerous working conditions
and the claims for alleged malpractice by RCCL’s medical staff
is intertwined because they allegedly result in the same injury.
Judge Bloom agreed and dismissed all of Mr. Tarasewicz’s claims.
In addition, Judge Bloom found that there is jurisdiction for
RCCL’s cross claim against Green Tech. Initially, Judge Bloom
addressed Mr. Tarasewicz’s claim against Green Tech and MGG
and determined there is no personal jurisdiction in the United
States. Mr. Tarasewicz was hired in Poland and in Europe and his
work and exposure to allegedly dangerous conditions occurred
when the Liberty of the Seas was navigating in international waters.
Judge Bloom, however, distinguished RCCL’s claim against
Green Tech. RCCL had a contract with Green Tech to install
and commission the gas scrubber. Green Tech argued that this
contract was negotiated and performed outside of the United
States. RCCL submitted affidavits showing Green Tech’s sales
activities in Miami and that Green Tech understood part of the
commissioning and modifications would occur while the Liberty
of the Seas was operating out of Fort Lauderdale. Judge Bloom
held that the RCCL-Green Tech contract contemplated partial
performance in Florida and that this was sufficient for personal
jurisdiction over Green Tech for the cross claim.
Green Tech and MGG argued that they should be dismissed on
the basis of forum non conveniens because their contacts with Mr.
Tarasewicz and the Liberty of the Seas were in Europe and on the
high seas, and litigation in Europe was more convenient. Judge
Beth Bloom held that the initial question is choice of law; if the
case is governed by U.S. law, it will not be dismissed for forum non
conveniens. She determined that the place that Mr. Tarasewicz’s
exposure and injury was on the high seas and that the courts
of the United Kingdom and Poland are accessible. Because
Mr. Tarasewicz sued the defendants collectively, she examined
the base of the operations of the defendants as a whole and
determined that it was outside of the United States. Accordingly,
U.S. law did not apply.
Judge Bloom dismissed RCCL’s contract based cross claims
because they are subject to arbitration in England, but she
stayed RCCL’s common law or general maritime law cross
claims for indemnity or contribution pending the outcome of Mr.
Tarasewicz’s claim and the arbitration. The holding on jurisdiction
is significant because, if necessary, RCCL may enforce its claims
over against Green Tech in Florida.
Royalties Due to Surgeon after Sale of Medical Device Company
In connection with the sale of a medical device
company he founded, a prominent surgeon
entered into a Royalty Agreement with the
purchasing company which provided for
royalty payments on sales of patented products
developed by the surgeon during a two-year
consulting period after the sale. The Agreement
also provided that the surgeon would receive a royalty on any
sale of the patents.
Several years later, the purchaser, a large publicly-traded
company, sold a portion of its medical device business for $280
Million. The sale included the patents covered by the Royalty
Agreement. When the surgeon inquired as to the royalty due
him, his purchaser responded that the value of the hard assets
sold (primarily inventory) exceeded the sales price and that
the parties agreed that pursuant to U.S. tax law, virtually the
entire sales price was allocated to the tangible assets, while all
the intellectual property (including patents) were allocated
a de minimis value ($25,000). The purchasing company then
tendered the surgeon a check for just $221, which it claimed
was the royalty allocated to his patents.
The surgeon retained Michael Rosen, a partner in the Miami
office, who filed an arbitration complaint in New York City (as
required by the Royalty Agreement). The respondent company
filed an extensive motion to dismiss arguing that the allocation
of the sale was binding on the surgeon because it was required
by the U.S. tax law and was agreed to by the company and its
purchaser.
Rosen successfully argued that the allocation was not binding
on his client because the client never agreed to it and that the
allocation did not support the economic realities of the various
assets sold. In support of his argument, Rosen cited a SEC filing
by the new owner, which allocated nearly 50% of the purchase
price to the intellectual property. Based upon the selling
company’s previously asserted percentage of assets covered by
the Royalty Agreement patents, Rosen asserted that his client
would be entitled to a royalty of over $1.3 Million. Based upon
Rosen’s argument, the arbitrator denied the motion to dismiss
and ordered a hearing to determine the value of the patents in
relation to the total assets sold. Thereafter, Rosen was able to
negotiate a substantial, confidential settlement.
3
Fowler Rodriguez
cases of note
Non-Disclosed Laptop Discovered After Two Years Provides Key to Win
Our client, Generation Marine Services,
brokered a tug to tow a derrick/lay barge from
Louisiana to Nigeria. We prepared a BIMCO
TOWCON charter between it and the owner
of the barge, Fenog Nigeria. We also prepared
a back-to-back charter with the owner of the
brokered tug, Smith Maritime. The charters
provided for a 25% termination fee if the
tow was cancelled. Fenog was given the tug’s
specifications and initially questioned whether it was adequate
to make the tow. Fenog attempted to secure another tug, but
could not locate one for a suitable price. With the barge’s ABS
certificate about to expire, which would necessitate expensive
repairs in Louisiana, Fenog agreed to charter the Smith
Maritime tug. Our client demanded and obtained a $450,000
deposit before it would mobilize the tug to Louisiana. The tug
arrived in Louisiana and hooked up to the barge in the presence
of Fenog’s U.S. & Nigerian representatives. The underwriters
providing the insurance for the trip retained London Offshore
Consultants to perform the Trip & Tow survey. The surveyor
was familiar with the tug and approved it for the tow. The
surveyor required certain modifications to the barge before he
would approve it for the trip. While Fenog had represented that
it would sign the BIMCO charter, it had not yet done so.
At the meeting the U.S. representative was threatened and his
personal laptop computer confiscated. He was subsequently
fired.
In response to discovery Fenog’s counsel did not disclose that
it had confiscated its U.S. representative’s computer. This was
not discovered until over two years into the litigation. Fenog’s
counsel took the position that it had produced all of the relevant
information on the computer and that it was not required to
disclose that it had confiscated the computer or subjected it
to our examination. The court disagreed. Fenog was fined
$18,000 by the court for its non-disclosure and other discovery
improprieties and ordered to turn the computer over to us.
At this point Fenog discharged its attorneys claiming that they
had not kept Fenog properly informed. Its counsel moved to
withdraw from the litigation. New counsel was not appointed
and we opposed the withdrawal. The court acknowledged that
counsel could not act for Fenog, nonetheless the motion to
withdraw was denied and its former counsel was instructed to
report all court actions to Fenog.
A forensic examination of the confiscated computer determined
that, not only was there relevant information which had not
been disclosed, but that over 150 emails had been deleted while
the computer was in the possession of Fenog and its counsel.
Generation Marine and Smith Maritime moved for further
sanctions, including dismissal of Fenog’s defenses and counterclaims.
Fenog was able to obtain a short reprieve from ABS. While the
barge modifications were in progress Fenog obtained insurance
for the tow from another insurer, at a lesser premium. The new
underwriter appointed a new surveyor. He would not approve
Smith Maritime’s tug for the tow. Fenog, thinking it could still
locate a tug at a cheaper price, cancelled the Smith Maritime tug
claiming that it was unsuitable.
United States Magistrate Kay concluded that pertinent
information on the computer had purposely been deleted or
hidden, that this information probably supported the position of
Generation Marine & Smith Maritime and that they had been
“highly prejudiced.” The Magistrate recommended that the
District Court impose the “severest of sanctions.”
Smith Maritime sued Fenog and seized the barge. The barge
was released when Fenog paid $800,000 into an escrow account
as security. On behalf of Generation Marine we successfully
asserted a Rule B Attachment on the $800,000 security for
its claims. Fenog counter-sued Generation Marine and Smith
Maritime claiming $10,000,000 in consequential damages and
demanded return of its $450,000 deposit.
No objection was filed to the Magistrate’s recommendation and
trial took place three weeks later. Fenog, while being informed
of events, did not retain new counsel and was not represented
at the trial. U.S. District Judge James Trimble heard testimony
and subsequently entered his judgment. He concluded that
Generation Marine and Smith Maritime proved that Fenog
was bound by the unsigned charter, that it breached the charter
and awarded $721,759.67. He also endorsed Magistrate Kay’s
recommendations, dismissed the counter-claims of Fenog as
having no merit and awarded Generation Marine and Smith
Maritime all of their attorney fees and costs in connection with
the litigation as sanctions. These amounted to $653,522.76. The
total award was $1,375,282.43 for which there was $1,250,000
in security and Fenog’s initial deposit to Generation Marine. No
appeal was taken. The deficit was easily covered by the charter
termination fee. The funds were distributed to Generation
Marine and Smith Maritime.
Fenog’s Nigerian representative testified in his deposition that
he never agreed to charter the Smith Maritime tug and that he
only wired the $450,000 deposit because he believed another tug
was being provided. He did not know the name of the other
tug, its specifications or the terms of any charter. He had no
explanation for the fact that there was no documentation to
support his claim or the fact that after the Generation Marine
tug arrived in Louisiana his actions belied his claim. Generation
Marine’s representative testified that he had never discussed
another tug with Fenog. Fenog’s U.S. representative testified
that Generation Marine had never proposed a different tug.
Shortly after, there was a meeting between Fenog’s Nigerian
representative, its local counsel and Fenog’s U.S. representative.
4
Fowler Rodriguez
findings
An Employer’s Guide to Background Checks
by Robin Foret
If your company uses its own employees to call
references and educational institutions to verify
an applicant’s information (or an employee’s
information before a promotion), it is not
considered a background check. However,
when a third party company performs those
services or other background checks on an
applicant (allowed after a conditional job
offer) or an employee on your behalf, the investigation will
be subject to compliance with the Fair Credit Reporting
Act (“FCRA”). The FCRA, which is now monitored by the
Consumer Financial Protection Bureau (“CFPB”), is designed
primarily to protect the privacy of information contained in
consumer reports and to make sure that consumer reporting
agencies are providing accurate information.
3.
4.
A. What is A Consumer Report?
A Consumer Report refers to information prepared by a
background check company that investigates and assembles
data concerning a person’s personal and credit characteristics,
as well as reputation and lifestyle. These companies are
called Credit Reporting Agencies (“CRAs”). CRAs prepare
Consumer Reports containing personal information about an
individual, such as credit history, driving record or criminal
history. Consumer Reports are subject to compliance with the
FCRA. In the employment context, the need for a Consumer
Report must be job related and should not be requested as a
matter of routine. For example, drivers’ license checks should
not be conducted on administrative employees who do not
drive as part of their job and do not drive company vehicles.
5.
6.
D. Equal Employment Opportunity Commission.
The EEOC has written a lengthy set of guidelines for making
sure that the reliance on background checks in the employment
setting is based on business necessity. Specifically, the EEOC is
concerned that background checks tend to screen out protected
classes of people who are more likely to be stopped by police
and less likely to be able to afford to expunge criminal-related
charges. Nevertheless, background checks are permitted in
most states as long as the procedures outlined in the FCRA
are followed and there is a business purpose in obtaining the
particular information concerning the applicant or employee.
B. Summary of Rights Notice Form:
An employer is responsible for providing this form to
applicants and employees in several situations, such as when
the employer decides not to hire an applicant or not to promote
(or to terminate) an employee, based in whole or in part, on
negative information contained in a Consumer Report. The
notice form titled A Summary of Your Rights under the Fair
Credit Reporting Act (“Summary of Rights Notice”) can be
located at www.ftc.gov/credit.
C. What are the basic steps to follow?
1. Written Notice and Authorization - Before an employer
can request a Consumer Report, a signed written notice
and authorization must be obtained from the applicant
or employee. The notice must inform the individual that
the report may be used in evaluating his or her suitability
for a particular job. A background check should not be
performed unless a conditional offer of employment has
been made to the individual.
2. Pre-adverse action notice - A pre-adverse action notice
must precede any adverse action based on any information
contained in a Consumer Report. Specifically, the employer
must give the individual a pre-adverse action notice, which
includes a copy of the individual’s Consumer Report and
a copy of the Summary of Rights Notice. This allows the
individual notice of the negative report and should state a
reasonable amount of time (Example: 7-14 days) to correct
any inaccuracy in that report. In the case of an applicant,
he or she can be told that they cannot begin employment
unless the problem is corrected.
Adverse action notice - If the problem is not resolved
and the employer decides not to hire and/or promote the
individual based on information contained in the Consumer
Report, the employer must provide the individual with an
adverse action notice, explaining that your decision is the
result of a negative report and provide:
The name, address, and phone number of the CRA, which
is the company who gave the negative report;
A statement that the CRA that supplied the report did not
make the decision to take the adverse action, and cannot
give specific reasons for it; and
A notice of the individual’s right to dispute the accuracy or
completeness of any information the agency furnished, and
the individual’s right to obtain an additional free Consumer
Report from the CRA within 60 days.
E. General Advice for Employers.
Companies should develop narrowly tailored policies and
accurate job descriptions to make sure that there is a business
purpose for the particular background check used for each
position at the company. If a background check (particularly
for criminal records) comes back with negative information,
perform some individualized assessment as to whether the
information is such that the employee cannot be hired and/or
promoted in that position. For example, certain offenses that
happened when someone was 18 years old, and now they are
35, may not indicate that the individual should be precluded
from performing the job.
If you decide not to hire someone; however, make a note in
your file with the business justification for the adverse action
taken.
5
attorneys around town
Fowler Rodriguez
Lunch with Huntington Insurance
Greater New Orleans Barge
Fleeting Association Party
Lauren Guichard, Joe Sanchez of Huntington Insurance with Dee
Flint of Fowler Rodriguez
Dee Flint and Susan Goheen (Crum and Foster) enjoy the Greater
New Orleans Barge Fleeting Association (GNOBFA) party.
U of H Fishing Tournament
Benefiting current and future UH students education
NCAA Tournament Basketball
Team Fowler Rodriguez took 1st Place in the 9th Annual University
of Houston Cougar Saltwater Open on June 20. Tournament at The
Lazy Lizard Cantina in San Leon, TX. Proceeds benefit the Jack J.
Valenti School of Communication Alumni Association Scholarship
and Alumni programs assisting students with their UH education.
Dee Flint, Julie Slocum (ENSCO) and Joe O’Conner (Southwest
Risk) in Houston at the NCAA Basketball regionals.
Independence Day Celebration
Jose Suquet (Pan American Life), Rosie and Edward Lebreton,
Pierce Hammond and George Fowler celebrate Independence Day
in Pass Christian, Mississippi
Save The Date
2015 Azucar Ball
Hyatt Regency New Orleans
Saturday, November 21, 2015
6
Fowler Rodriguez
attorneys around town
Carnival with Carnival
Cristina and George Fowler with Hazel and Arnold W. Donald
attend a Mardi Gras ball.
Cristina Fowler, Hazel and Arnold W. Donald celebrate Mardi Gras
at George and Cristina’s Thoth parade party.
Kings of Commander’s Palace.
Mr. Arnold W. Donald is the Chief Executive Officer and President
at Carnival Corporation and Carnival plc. He has been a Director
at Carnival Corporation since January 2001. He serves as a Trustee
of Dillard University and Atlas Foundation. Mr. Donald has given
back to New Orleans and awarded over two dozen scholarships to
his college and business school alma maters. He also donated funding
to build a new wing named after his mother and father, Warren and
Hilda Donald, at St. Augustine.
Mr. Donald serves on the President’s Export Council, appointed
initially by President Clinton and then re-appointed by President
Bush. Mr. Donald is a Louisiana Native and a graduate of the
remodeled St. Augustine High School where the daily school-wide
motto was, “Create your dream and live it! You are going to run the
world!”.
7
Fowler Rodriguez
community outreach
Hogs For The Cause
Supporting Families, Fighting Pediatric Brain Cancer
Hogs For The Cause provides relief of economic burdens families face when their children are treated for pediatric brain cancer.
Rachel Ricca, Luis Llamas, Cristi Chauvin, Leslie Hellmers
(Hornbeck Offshore), Michael Harowski
Francis Llamas, Cristi Chauvin, Luis Llamas, Mike Nicaud
(Senior Counsel of Hornbeck Offshore), Kurt Van Horn
(Director of Operations of Hornbeck Offshore), Leslie Hellmers
(Marketing,Hornbeck offshore)
Robert Richmond (Richmond Development), Rocky Probst, Cristi
Chauvin, Luis Llamas enjoy the Fowler Rodriguez sponsored tent,
“Puerco Ricans.”
Loyola Law Alumni Lunch
Loyola Law School’s Annual
Longshore Conference
Luis Llamas, Michael Harowski, Skipper Chenault, Jake Rodriguez,
Lauren Guichard, Susan Keller-Garcia, Antonio Rodriguez, Ryan
Martin attended the lunch meeting.
Debbie Brown (Gallagher Bassett), Vicki Dickerson (Gallagher
Bassett) Dee Flint and Miriam Elliot (Starr Indemnity & Liability
Company)
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Fowler Rodriguez
community outreach
Louisiana Appleseed Good Apple Gala
Soul Revival
for Social Justice
for Organ Donations
Christy and Mike Harowski (Fowler Rodriguez), and Christy Kane
(Executive Director of Louisiana Appleseed) attend Louisiana
Appleseed Gala, which seeks to advance social justice. Their
projects increase access to education, opportunity and justice by
gaining support from professionals who donate pro bono time to
solve problems for the under served community.
Robert Richmond (Richmond Development), Cristi Chauvin
(Fowler Rodriguez), Tory White, and Nicki Candies (Otto Candies,
LLC) attended the Fowler Rodriguez sponsored party benefiting
recipients of organ, eye and tissue donations.
Louisiana Bar Foundation’s
29th Annual Fellows Gala
Zoo-To-Do
Ryan Martin, Samantha Capone, Susan Keller-Garcia, Lauren
Guichard, Chauvin Kean, Guest of Philip Powell, and Philip
Powell. Fowler Rodriguez was a Capital sponsor for the 29th annual
Louisiana Bar Foundation Fellows Gala.
Supporting the Audubon Nature Institute
Captain Allen Gibbs (2014-15 President of Crescent River Port
Pilots’ Association in New Orleans), Cristina and George Fowler,
and Jennifer and George Fowler IV attend the Fowler Rodriguez
sponsored Zoo-To-Do which benefits the Audubon Nature Institute
YLC Role Models Gala
Michael Harowski, Jose Suquet (President and CEO of Pan-American Life Insurance) and Luis Llamas attended the firm sponsored YLC
Role Models Gala. Jose Suquet was honored as a "Role Model" for his contribution to the Hispanic community.
9
Fowler Rodriguez
attorneys around town
Tampa Bay Mariners Club Marine Insurance Seminar
On May 7, 2015, Alanson “Skipper”
Chenault spoke at the annual
Marine
Insurance/
Maritime
Industry Seminar, preceded on
May 6, 2015 by a Golf Tournament/
Charity Fundraiser, and an evening
Speakers Reception. The seminar is
for the benefit of the members and
for all others who are interested in improving the Maritime
Industry. Speakers have included representatives from
marine insurance, admiralty law, marine construction,
shipping, marine surveying, marine salvage, and many other
segments of the Maritime Industry. The seminar served
as continuing education from the Florida Department of
Financial Services for insurance agents and adjusters; the
Florida Bar Association for attorneys; and for surveyors,
the National Association of Marine Surveyors (NAMS)
and the Society of Accredited Marine Surveyors (SAMS).
Alanson “Skipper” Chenault (Fowler Rodriguez), “Jopie” Helsen
(Sailor’s Wharf, Inc.), and moderator Chris Koehler (Fowler
Rodriguez Tampa Office)
Steve Cunningham (Legacy Underwriters, Inc.), Alanson
“Skipper” Chenault (Fowler Rodriguez) and Chris Koehler (Fowler
Rodriguez)
The Tampa Bay Mariners Club held its annual Marine
Insurance/ Maritime Industry Seminar at the St. Petersburg
Yacht Club. Chris Koehler from our Tampa office presided
over the event, which was attended by a full house of
insurance agents, adjusters, attorneys, marine surveyors, and
others actively involved in the boating industry. This year’s
theme was “Recreational Boating Rebounds-Commercial
Impact?” Skipper Chenault from the New Orleans office,
an avid sailor, gave a well-received presentation on how
to minimize the negative impact through boating safety.
Panama Canal: Prized Possession Movie Documentary Pre-Showing
PANAMA CANAL: Prized Possession highlights the transfer of
the Panama Canal from the United States to Panama and
the long political and moral battles that define the movement.
The documentary portrays the controversial Panama Canal
Treaties of 1978, the two-decade long transition period and the
eventual transfer of the Canal to Panama in 1999.
By navigating the Panama Canal, ships can avoid the long
ocean voyage around South America. The documentary
explores why the United States, one of the most powerful
nations on earth, turned over the most valuable waterway in
the Western Hemisphere and how it unfolded.
PANAMA CANAL: Prized Possession is part one of a two
documentary series being produced by WPBT2. On June
29, Attorney Reginald Hayden attended a pre-screening of
the WPBT-2 original documentary “Panama Canal Post –
Panamax.” He was the guest of Albert and Jane Nahmad,
who were the funders of the program which took place at the
Biltmore Hotel in Coral Gables.
10
Fowler Rodriguez
attorneys around town
Chamber of Commerce Events
New Orleans Chamber of
Commerce Annual Meeting
Argentine-American
Chamber of Commerce of Florida
Tomas Regalado,
Mayor of Miami, Florida
Joel Vilmenay (President & General Manager, WDSU-TV),
Cristi Chauvin (Board Member, New Orleans Chamber), Charles
C. Teamer (Director and Vice Chairman, FirstNBC Bank), Lisa
Blossman (CityBusiness Publisher), and Sandra Lindquist (V.P. of
Operations & Membership Development, New Orleans Chamber)
Santiago Padilla (Fowler Rodriguez)
and Miguel Talento, Consul General,
Republic of Argentina
Hispanic Chamber of Commerce - New Orleans
Michelle Herrera (Fowler Rodriguez), Rosa Rodriguez (Fowler
Rodriguez), Ignacio Veloz (Chairman of United States Hispanic
Chamber of Commerce), Mayra Pineda (Executive Director of
Hispanic Chamber of Louisiana), Ryan Martin (Fowler Rodriguez)
Sofia Bellini and Susan Tranchina (Fowler Rodriguez) at the
Hispanic Chamber Luncheon
Coral Gables Chamber of Commerce
Lourdes Cuzan and Santiago Padilla (Fowler Rodriguez)
Hispanic Chamber of
Commerce - Tampa
Christopher Koehler (Fowler Rodriguez,
Tampa) attends a Hispanic Chamber of
Commerce event to help network and market
the firm to the Hispanic community. The goal
is to expand immigrant investor business in
Miami.
11
Fowler Rodriguez
speaks out
Santiago Padilla and Lana Montalban (Journalist and Presenter of Hola TV)
Visit Uruguay to Speak On
Investment in the United States: Strategies, Opportunities & Immigration
Santiago Padilla (Fowler Rodriguez)
and Andres Cerisola of the Ferrere Law
Presenter Santiago Padilla (Fowler Rodriguez) Firm in Montevideo, Uruguay
addresses conference attendees
With assistance from an Uruguayan law firm, Ferrere
Abogados, Fowler Rodriguez put together a conference
featuring Lana Montalban, a distinguished journalist from
Argentina, who spoke about current events in Latin America
and moderated the conference, raising questions about the
topics that Santiago Padilla spoke about. Mr. Padilla covered
Santiago Padilla (Fowler Rodriguez) and
Lana Montalban (Journalist and Presenter,
Hola TV!)
Real Estate, Business Development/Acquisitions/Strategies,
and Immigration. He also fielded questions from the
attendees, most of whom were business people from Uruguay
and Argentina as well as several people from the Argentine
Chamber of Commerce in Buenos Aires.
Developments in Employment Law
On March 19, 2015 Robin and
Randy Foret, Fowler Rodriguez
partners in the Houston office,
presented a lunch and learn on
Employment Law.
Randy Foret brought forth his unique experience in the oil
and gas industry as founding member and the outside general
counsel of an oilfield service company startup that developed
patented plasma-related technology designed to treat oilfield
liquid and solid waste. As outside general counsel, Mr. Foret
assisted the company in obtaining grants and drafted the full
range of operational documents required by the startup. He
also designed the contract templates utilized by the startup.
Ms. Foret is Board Certified in
Employment Law by the Texas
Board of Legal Specialization, and
has spent more than 15 of her 23
years of practice specializing in the
employment law area.
Prior to attending law school, Mr. Foret graduated from
an API certified drilling fluids training program in 1981 in
Houston, Texas. After obtaining the certification, Mr. Foret
worked as a drilling fluids (“mud”) engineer in the Santa
Barbara Channel in California and the Gulf of Mexico on
a variety of offshore drilling operations (including jack-ups,
drill ships, semi-submersibles and platforms). During his
five year career as a mud engineer, Mr. Foret maintained a
number of API certifications, including surface and sub-sea
well control certifications.
Ms. Foret dissected the recent developments in the Fair
Labor Standard Act, specifically the overtime exemptions,
calculating regular rates, how and when to use “day rate”
pay and travel time/ “on call” time issues. In regards to her
piece on independent contractors vs. employees, Ms. Foret
elaborated on proper classification of workers, whether or not
a company can decide who will be a contractor, the role of job
descriptions, use of independent contractor agreements and
consequences of misclassification of employees as contractors.
Finally, Robin spoke on how to properly discipline and/or
terminate employees. This includes proper use of evaluations,
disciplinary actions and performance improvement plans,
best practices in the termination process, considerations when
terminating an employee and when is an employee eligible for
unemployment benefits.
12
Fowler Rodriguez
George Fowler Hosts Florida Senator Marco Rubio at Home
George and Jennifer Fowler, Christian and Cristi Chauvin,
Guest of Honor, Florida Senator Marco Rubio, and Cristina
and George Fowler
Ileana Suquet, Elizabeth and Rudy Revuelta, Jose Suquet
(Pan American Life)
George Fowler, Jeff Platt (CEO Tidewater), Chris Platt,
Sandra Platt and Marco Rubio
Elizabeth Swanson (Swanson Vineyards), Samuel Giberga
(Hornbeck Offshore) and his son Sam.
George Fowler introduces Senator Marco Rubio
13
Antonio and Virginia Rodriguez
Fowler Rodriguez
spotlight
Have you worked on any interesting or funny cases?
Cases are interesting to start with in one way or another, or
they would have been resolved before bringing in counsel.
I’ve been particularly gratified to discover hidden insurance
fraud.
Christopher Koehler
Associate, Tampa
What’s your favorite place you’ve ever been?
In law school, I attended a summer semester at the University
of Granada law school (Granada, Spain) and traveled to
various places, where I stayed with the families of the students
I had met in the class. Spain was truly special.
Do you have a nickname?
My nicknames are Koehler or Chris.
Where were you born and where did you grow up?
I was born on Long Island, although we moved shortly after to
the Bahamas until age 9 – complete with a now-undetectable
British accent. We moved to Florida, first Gainesville, then in
Tampa since my senior year of high school.
What’s your favorite office activity and why?
Discovering key case law or hidden information.
Do you have any funny stories about co-workers?
Picking up a Miami partner from the airport, and then missing
the exit because we were so focused on discussing the case.
Although he pretended to not notice, the U-turn took about
15 minutes!
What do you enjoy doing in your spare time?
I enjoy church and helping others. I also enjoy Tampa Bay
sports, SCUBA diving, and spending time with family and
friends. One of my lifetime hobbies has been playing the
fiddle (I’m not great at it, but nobody seems to care! Mostly
bluegrass style - but I am lately learning a few sea shanties).
What’s your most embarrassing moment?
I called my girlfriend by my ex’s name. It did not go well.
What’s something most people don’t know about you?
As a teenager I played the “Florida circuit” of bluegrass festivals
with my brothers. We literally played musical instruments and
at the end of each song, we’d trade instruments (guitar, fiddle,
banjo). One of our songs was included on a bluegrass festival
album, but it preceeded iTunes.
What’s your favorite movie and why?
Star Wars: Return of the Jedi, because I can do the voices
from multiple characters. I also enjoy historical drama series
(The Bible,John Adams,TURN, Rome) because I like history.
What do you like about working at Fowler Rodriguez?
The people have been so welcoming to our group following
the merger and the encouragement/support received from
many, to help grow the Tampa office into prominence.
Do you have any interesting plans for your future?
To grow the Tampa office into a major presence in the market.
Do you do any community service?
Since 2006, I have played a large part in organizing and
implementing a four-year high-school maritime education
program in the public school system. The curriculum was
approved by the State of Florida to be cloned in any Florida
high school. It is being picked up by other local port counties
and school systems around the country. On June 4, our
inaugural class graduated with 33% matriculating to maritime
academies.
If you could meet anyone from any era who would it be?
I would like to have been around any of the framers of the
Constitution at the time it was written, because what they did
was so momentous.
Have you met anyone interesting lately?
Recently I met a gentleman who leads trade missions from
Port Tampa Bay to countries in Latin America. It was clear
that he has great vision and great enthusiasm.
How long have you been practicing law?
I passed the Florida bar exam (2004) and began practicing
admiralty and maritime law with Hayden Milliken in Tampa.
I am Board Certified in Admiralty and Maritime Law.
What is your best/worst attribute?
They are the same, perhaps. I have great perseverance.
Do you have anything else to add? A funny story?
In the 80’s, I bartended close to the hotel that NFL visiting
teams stayed. When visiting players came in, I was happy to
pour very heavily. The next day, I could see them laboring
under the broiling sunlight and camping out under the portable
air conditioners on the sideline’s bench. Unfortunately, it did
not seem to help the Bucs much.
Is there anything about yourself that you can brag about?
That I am a man of my word, and when I make an error, I own
up to it as soon as I discover it.
Do you have a favorite quote or saying?
“Do or do not. There is no try.”
14
Fowler Rodriguez
spotlight
What is your favorite office activity and why?
Traveling to the main office in New Orleans allows me to visit
family in New Orleans and to sample the many Creole / Cajun
dishes that can be found in New Orleans.
Randall M. Foret
Partner, Houston
What’s your favorite place you’ve ever been?
Saint Malo, France. During our trips to Saint Malo to visit
our former exchange student and his family, we visited Mount
St. Michael, the D-Day beaches, and I was able to verify that
my distant Acadian grandfather was born in Saint Malo after
his parents were expelled from Canada during Le Grand
Dérangement in 1755.
What is your full name and which offices do you work in?
My full name is Randall M. Foret. I am a Partner at Fowler
Rodriguez and work alongside my wife, Robin. I have passed
the bar in both Texas (1991) and Pennsylvania (1992).
Where were you born and where did you grow up?
I was born and raised in Ville Platte, Louisiana. Ville Platte
means “flat town” in French.
What is your most embarrassing moment?
Robin reminded me that I somehow had 2 dates to the same
law school party. I have been married to one of my dates for
26 years so it worked out okay in the end.
What do you enjoy doing in your spare time?
My wife, Robin, and I enjoy training our dog, Mignonne,
and competing in the sport of dog agility. I also enjoy cooking
(Cajun / French dishes) and researching my Cajun-French
heritage.
What’s your favorite movie or book and why?
My favorite book is “The Count of Monte Cristo”(the themes
of revenge and the limits of human justice are still relevant
today). My favorite movie is “Chariots of Fire” (inspiring
story of sportsmanship).
What is something most people don’t know about you?
Before going to law school, I worked as a drilling fluids
(“mud”) engineer on offshore drilling rigs in the Gulf of
Mexico and the California Santa Barbara Channel. I was also
a cook on several offshore platforms during college.
What do you like about working at Fowler Rodriguez?
The fact that the firm has an international reputation in the
maritime industry.
Do you have any interesting plans for your future?
Robin and I are diligently attempting to meet the qualification
standards for the 2016 AKC dog agility nationals. We may
also try out for the 2016 European Open agility team.
If you could meet anyone from any era who would it be and
why?
James Madison, the father of the U.S. Constitution. It
would be interesting to know his thoughts on some of the
constitutional issues we face today.
Any note worthy publications?
During law school, I served as an Editor of the Temple
Environmental & Technology Journal.
Have you met anyone interesting lately?
Our former exchange student’s father was one the highest
ranking NCOs in the French special forces when he retired
in 2008. He served several tours in Afghanistan with the
American special forces and he currently works as a security
consultant for a London-based maritime insurance company.
How long have you been practicing law? What area do you
mostly work in?
I have been practicing law since 1991. The focus of my practice
is energy related but I also handle securities-related litigation.
As a result of my interest in dog agility competitions, I also
represent a number of pet-related businesses.
Do you have anything else to add? A funny story?
Robin and I met during our first year of law school and were
married during our second. Robin prepared great outlines in
law school. The outline that she prepared for constitutional law
was a masterpiece in that she correctly guessed and prepared
answers for the 3 questions on the final exam. My answer was
a virtual duplicate of the outline (which we were allowed to
use during the test) and I was one of the four students who
made an A. Robin changed the content of her outline slightly
and received a B+.
Is there anything about yourself that you can brag about?
I enjoy researching the history of and cooking Cajun and
French dishes that have similar origins.
Have you worked on any particularly interesting or funny
cases?
My previous firm represented one of the Enron defendants
and I worked in-house on a project for Enron in 1991. As a
result, I have a different point of view than that portrayed in
the movie “The Smartest Guys in the Room.”
15
Fowler Rodriguez
spotlight
Phillip Powell
Associate, New Orleans
Where were you born and where did you grow up?
I was born in Nashua, New Hampshire, but I grew up in rural
North Carolina approximately 20 miles due north of Durham,
NC.
the United States Marine Corps. In terms of civilian bragging
rights, I graduated third in my class in law school, and at the
top of my class for my LL.M. (see photos on pages to follow).
What’s your favorite office activity and why?
Anyone that dares to say cake day is not their favorite activity
is being dishonest with themselves and others.
What do you enjoy doing in your spare time?
In my spare time, I enjoy running/jogging. I also like to
read for pleasure. My favorite genre of literature is actually
biographies of famous writers, and my favorite authors to read
about include Ernest Hemingway and Hunter S. Thompson.
Finally, I spend a good bit of time at the shooting range target
shooting with pistols, rifles, and shotguns.
What’s your most embarrassing moment?
Splitting my trousers at work from gaining too much weight.
What’s your favorite movie and why?
My favorite movie is “The Bridge Over the River Kwai”
because I have very fond nostalgic memories of watching this
film with my Pap (mother’s father) as a child.
What’s something most people don’t know about you?
I am the second oldest of a family of seven children.
Do you have any interesting plans for your future?
... I want to make partner.
What do you like about working at Fowler Rodriguez?
I very much appreciate having the opportunity to work with
and learn from some of the best lawyers in the practice of
maritime law.
Are you part of any interesting groups?
I am a member of the Marine Corps League, and the Knights of
Columbus. I am getting published in the spring edition of the
University of Maine School of Law’s Ocean and Coastal Law Journal.
The article examines each circuits’ jurisdictional tests for their
exercise of admiralty jurisdiction over disputes arising out of
contracts involving both maritime and non-maritime elements.
And, I always have fun where ever I go.
If you could meet anyone from any era who would it be?
I would meet General James “Mad Dog” Mattis because he
is an old school Marine Corps war horse, who refused to play
politics, and he is possibly the most famous or infamous Marine
since Chesty Puller.
Have you met anyone interesting lately?
Everyone I meet is interesting. We live in a world of individuals,
everyone has something interesting to contribute to this planet.
Have you taken the bar?
I have taken and passed the bar exam in both North Carolina
and Louisiana. I practice admiralty and maritime law almost
exclusively.
What is your best/worst attribute?
My best attribute is my work ethic. My worst attribute is my
cynicism.
Do you have a favorite quote or saying?
“If it’s stupid but it works, it’s not stupid”
Do you have anything else to add? A funny story?
The best things in life are free. The second best are very
expensive.
Is there anything about yourself that you can brag about?
Most significantly to me, I served honorably for six years in
16
in the news
Fowler Rodriguez
Luis Llamas Speaks at Several Events Regarding U.S.-Cuba Policy
Luis Llamas gave a lecture on the recent regulatory changes
regarding exports and travel to Cuba following President
Obama’s announcement that the U.S. will renew diplomatic
ties with the island. Mr. Llamas’ presentation focused on
the recent amendments made to the Export Administration
Regulations (“EAR”) administered by the Commerce
Department’s Bureau of Industry and Security and the Cuban
Assets Control Regulations (“CACRs”) administered by the
Treasury Department’s Office of Foreign Assets Control.
Mr. Llamas was also asked to speak on U.S.-Cuba policy in a
discussion panel hosted by New Orleans news station WDSU
titled “Chronicle: The Cuban Evolution” and on WWL Radio
with Garland Robinette.
Fowler Rodriguez can assist individuals and companies to
position themselves to enter the Cuban market when the trade
embargo is lifted and the Cuban people are finally given the
freedoms and opportunities they deserve.
Fowler Rodriguez Employee LeMoyne Joseph
Highlighted by Nola.com for Volunteer Work
L e M o y n e
Joseph is praised
on nola.com as
well as the Times
Picayune
for
his involvement
with
Kenner
Recreation.
Right now, he is spending three
nights a week at Highway Park
Playground, helping to coordinate
Kenner’s youth soccer program.
Mr. Joseph has also spent the last
several years coaching numerous
Kenner recreational teams in boys
basketball and football, and
girls basketball, softball, and
volleyball. He also supervises
playground and gym activities
at Butch Duhe, and ready to
step in at any other playground
in the city when needed.
“I’m pretty busy. But I like to
be involved, and I want to show
kids that hard work pays off,”
Mr. Joseph said. “I try to treat
every child like I would want
my own to be treated.”
17
Fowler Rodriguez
recognitions
We Salute Our Men and Women in Arms:
Family of Fowler Rodriguez
Fowler Rodriguez’s own Dee Flint’s (far right) and his
mother Frances (middle) celebrate Connor Flint (far left, Dee
Flint’s son) on his “white coat” received at the LSU Medical
School Ceremony. Conner is currently an Ensign in the U.S.
Navy, a commissioned officer’s rank equivalent to Second
Lieutenant. Upon graduating from med school Connor will
be a Lieutenant assigned to a ship or medical facility on shore.
Joel Ramirez, brother of Rosa
Rodriguez,when he made Chief in the Navy
Myrtle Kent, Grandmother of Attorney
Susan
Keller-Garcia,
served
in
World War II as an Army nurse in the
South Pacific. After graduating from
Baylor School of Nursing in 1941, she
immediately volunteered for the Red
Cross Nursing Services. Due to the
government’s delay to allow female
nurses to join the U.S. Army and Navy, she spent a year
as a nurse on the Mescalero Apache Reservation in New
Mexico. She was called to active duty with the U.S. Army’s
31st General Hospital in December 1942. Her group of 110
nurses was the first to undergo four weeks of military training,
which included live fire ammunition drills and gas chamber
exercises. She then was deployed to Espiritu Santo, an island
in the New Hebrides (now Vanuatu). There, she worked
tirelessly treating injured and sick allied soldiers until 1944.
She returned stateside as a First Lieutenant.
Christian Chauvin, husband of attorney Cristi Fowler
Chauvin, salutes his brothers Britton Chauvin and Kendall
Chauvin. They attend Britton’s graduation from USNA in 2006
in Annapolis, MD. Britton would serve several three month
deployments on a nuclear submarine. Kendall graduated from
The United States Merchant Marine Academy (USMMA) at
Kings Point in 2003 and served as one of the youngest ship
captains all over the world.
18
Fowler Rodriguez
recognitions
We Salute Our Own Men in Arms: Fowler Rodriguez Attorneys in Service
United States Marine Corps
Philip Powell - New Orleans Office
Philip served as an enlisted heavy equipment engineer in the
United States Marine Corps. Phil’s time included getting a
tank stuck in the sand in the Saharan Desert for a week.
United States Coast Guard
Eugene Preaus, New Orleans Office
Upon graduation from Tulane Law, Gene
reported directly to boot camp in Cape May,
Norman Sullivan
NJ. He then reported to the Reliance, which
-New Orleans Office
was at Higgins Shipyard for repairs. The
Norm’s tour of duty included time
Reliance set sail on the Mississippi River Gulf
in Ben Hoa, Vietnam, in 1970.
Outlet for Corpus Christi where he spent the
remainder of active duty. During service, a
memorable patrol in the Gulf, principally, the
Bay of Campeche, encountered a storm that produced thirty
foot waves and caused the ship to take forty five degree rolls.
United States Navy
Antonio Rodriguez - New Orleans Office
Antonio retired in 1995 after 29 years
service, including 10 years as a Navy
Captain with multiple commands in
Louisiana, Florida and Washington, D.C.
Antonio spent over 4 years serving on
guided missile destroyers at sea. To date,
he serves on the Board of Directors of the
Navy League in New Orleans.
Alanson Chenault - New Orleans Office
Alanson served 10 years in the United States
Navy during his career in military service.
His time included a stint on the USS Batfish
Submarine in 1986.
John Garner - Gulfport Office
John served eight years in the Navy as a shipboard officer before being retired with a
disability after three tours to the Persian Gulf, one serving as mine hunting officer on the
USS ENHANCE clearing a minefield where the SAMUEL B ROBERTS struck a mine
and sustained serious casualties. For his father’s 80th birthday he visited Phoenix and
attended the Diamonback baseball game where the organization recognized present and
prior military. His father was in the Marine Corps at the end of the Korean War.
19
Fowler Rodriguez
new hires
Jorge Luis Gurian - NEW PARTNER
Miami
The Fowler Rodriguez is expanding with the addition of Jorge Luis Gurian. Mr. Gurian comes to
the firm with a focus in the areas of:
• Estate planning
• Tax law
• Probate & estate administration
• Securities law
Mr. Gurian has 22 years of experience, and his education includes a master’s-level education in tax law. He received
his J.D. and B.B.A. from the University of Miami, and was admitted to The Florida Bar in 1993. He has the ability
to deal with international investment matters and often guides clients through issues that are pertinent to investment
goals.
Mr. Gurian works with individuals, business owners and investors on a local, national, and international scale, giving
him the experience that matches well with Fowler Rodriguez clients and the firm’s continual growth and expansion.
He has focused his practice on business investments, wealth preservation, asset protection, and contract law.
The tax law coupled with international business experience compliments Fowler Rodriguez. In response to Mr.
Gurian’s arrival, Juan Serralles, of the firm’s Miami office said, “Jorge has spent his career in Miami and has only
continued to build the kind of reputation that will translate to the international community. His uncanny work ethic
and experience will make him an asset to the firm.”
Fowler Rodriguez New Hires - NEW EMPLOYEES
Denise Alix
Paralegal, New Orleans
Yislem Aleman
Tax Preparer, Miami
Cristina Arias
Paralegal, Miami
Juliana Baglio Lopez
Paralegal, Miami
Bernice Lopez
Filing Clerk, Miami
Ellen Marvin
Legal Assistant, Miami
Lauren Mauri
Receptionist, Miami
Vicki Rivero
Paralegal, Miami
Zonelys Santos
Paralegal, Miami
Gretchen Selke
Legal Secretary, Gulfport
Cherie Teamer
Law Clerk, New Orleans
20
Fowler Rodriguez
recognitions
New Orleans World Trade Center
The C. Alvin Bertel Award
Congratulations to World Trade Center’s Michael W. Kearney, Chairman and CEO
of The Kearney Companies on The C. Alvin Bertel Award which recognizes an
individual who has made significant contributions to the Louisiana port community.
Michael W. Kearney, Recipient
(Chairman and CEO, The
Kearney Companies, Inc.)
Mike Harowski, Edward LeBreton, Janet Colley Moorse (Dupuy
Storage & Forwarding, LLC), Cristi Chauvin, Robert LeBreton, Antonio
Rodriguez, Skipper Chenault, Susan Keller-Garcia, Nick Platt, Eugene
Preaus
Angus R. Cooper, II,
(Chairman and CEO,
Cooper/T. Smith
Corporation)
Navigation Safety Advisory Council
Adds Skipper Chenault as Member
Skipper Chenault of our New Orleans
office was recently appointed to a
three-year term on the Navigation
Safety Advisory Council (NAVSAC).
Congress established NAVSAC as a
deliberative body to provide advice and
recommendations to the Secretary of
Homeland Security through the Commandant of the
Coast Guard on matters relating to maritime collisions
and groundings; Inland and International Rules of the
Road; navigation regulations and equipment; routing
measures; marine information; diving safety; and aids to
navigation systems. The Council consists of not more
than 21 members considered to have particular expertise,
knowledge and experience in the International and
Inland Navigation Rules of the Road, aids to navigation,
navigational safety equipment, vessel traffic service,
traffic separation schemes and vessel routing. Skipper
will be meeting with NAVSAC in Washington, DC,
in September. Toney Rodriguez also was a member of
NAVSAC for many years. Skipper and Toney teach a
class together at Tulane Law School on the law of collision
and limitation of liability.
Grayson Hall (Regions President)
Speaks at WTC Executive
Speaker Series
Edward LeBreton (Fowler Rodriguez) and Dominik Knoll
(President of WTCNO) attended the 2015 World Trade Center’s
Executive Speaker Series event featuring Grayson Hall, President,
Chairman and CEO of Regions Financial Corporation. The
WTCNO Executive Speaker Series is an opportunity for all those
involved in the international business community to gain insight and
industry perspectives from our nation’s top business leaders.
21
Fowler Rodriguez
recognitions
CityBusiness Leadership in Law & Driving Forces Award
Our own Mike Harowski receives the CityBusiness Leadership in Law Award and firm friend
and client, Jose Suquet, CEO of Pan-American Life Insurance Group accepts the “Driving Forces” Award.
Cristi Fowler Chauvin, Cristina Fowler, Christian Chauvin, Ileana
and Jose Suquet, Darleen and Jerry Carlisle
Duncan Brown (Dawn Services), Lisa Blossman (Publisher,
CityBusiness), Cristi Fowler Chauvin, Christian Chauvin
Jose Suquet, Pan American Life Insurance
Group, will be honored in this years New
Orleans CityBusiness 35th anniversary. With
the 10th anniversary of Hurricane Katrina also
being marked this year, the criteria for selecting
honorees examined their achievements since
the storm. With the
10th anniversary of
Hurricane Katrina also
being marked this year,
the criteria for selecting
honorees
examined
their
achievements
Front: George Fowler, Betty Sullivan, and Mike Harowski
Back: Jacob Gardner and Norm Sullivan
Leadership in Law Award Recipient Mike Harowski and his wife
Christy
22
Fowler Rodriguez
recognitions
Chambers & Partners Recognizes Fowler Rodriguez as Top National Firm and
Recognizes Partners George Fowler and Antonio Rodriguez
Mr. Fowler is a founding partner of the firm and an
internationally recognized trial lawyer who represents some of
the largest cruise lines and maritime clients in the world. He
is Vice President and General Counsel of the Cuban American
National Foundation and has appeared on national television
to comment on Cuban affairs. He writes and lectures on
international law and world trade and recently published the
book, My Cuba Libre: Bringing Fidel Castro to Justice.
Fowler Rodriguez is again
recognized as a leading
national law firm in the
prestigious 2015 reference
book,
Chambers
USA:
America’s Leading Lawyers for
Business. The reference book
“recommends the world’s best
lawyers in 185 countries (including many emerging markets).
The Chambers research team personally interviews clients
all year round. This team is unique – the largest and most
experienced multi-lingual legal research team in the world.”
Mr. Rodriguez is one of the named partners in the firm and
has extensive experience in all aspects of maritime law, with
particular emphasis on collision, other significant shipping
and pollution casualties, limitation of liability, environmental
regulation, maritime products liability, vessel construction and
repair, cargo and chartering disputes. He is internationally
known for the Oil Pollution Act of 1990 and CERCLA. Mr.
Rodriguez is a renowned author of treatises and numerous
maritime and oil pollution articles.
Chambers & Partners has not only recognized Fowler
Rodriguez as a top ranking firm for Transportation: Shipping:
Litigation (outside New York), but also George Fowler, III
and Antonio Rodriguez are recognized as top lawyers in the
practice area.
Cristi Fowler Chauvin Selected One of CityBusiness 2015 Women of the Year
In addition to her work as an attorney, Cristi is active in the
community, serving as:
Cristi Fowler Chauvin was recently
chosen as a “Women of the Year” for
the 17th Annual CityBusiness special
publication. She will be honored at a
November 12 luncheon and featured in
a special insert spotlighting all “Women of
the Year” honorees in the November 27
issue of CityBusiness.
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Bars & Courts:
• Louisiana Bar, 2008
• Eastern, Middle, and Western District of Louisiana, 2008
• The United States Court of Appeals Fifth Circuit, 2008
• Supreme Court of the State of Louisiana, 2008
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Education:
• Innsbruck Program, 2002
• B.A., Tulane University, 2003
Architecture Minor
Spanish Minor
English Major
• J.D., Tulane Law School, 2007
Specialty Certificate for Admiralty and Maritime Law, 2007
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23
New Orleans Hispanic Heritage Foundation
Azucar Ball Committee
Good Shepherd School
Board of Directors New Orleans Chamber of Commerce
Chair of the Young Professionals Committee of NOCC
World Trade Center Government Affairs Committee
Young Leadership Council
United Way
Tulane University, Latin American Law Institute
Soul Revival Committee
New Orleans Coalition for Community & Justice
(NOCCJ)
New Orleans Business Alliance
Chair of the Transportation, Trade & Logistics Committee
of the ProsperityNOLA project
WYES Board Member
Cuban American National Foundation
Greater New Orleans Inc., Investor Member
Corporate Member, Young Leadership Council
New Orleans Bar Association Member
Louisiana State Bar Association Member
American Bar Association Member
Fowler Rodriguez
recognitions and appointments
2015 Super Lawyers Business Edition
Alanson T. Chenault, IV
New Orleans
Todd G. Crawford
Gulfport
George J. Fowler, III
New Orleans
Mat M. Gray, III
New Orleans
W. Jacob Gardner
New Orleans
Edward F. LeBreton, III
New Orleans
Eugene R. Preaus
New Orleans
William Milliken
Miami
Antonio J. Rodriguez
New Orleans
Michael Harowski
New Orleans
Juan E. Serralles, Jr
Miami
Norman C. Sullivan
New Orleans
Jon W. Wise
New Orleans
Fowler Rodriguez Announces 2016 Best Lawyers in America
Alanson T. Chenault, IV
New Orleans
Michael W. McCoy
Houston
Delos E. Flint, Jr.
New Orleans
George J. Fowler, III
New Orleans
Robert R. Johnston
New Orleans
Edward F. LeBreton, III
New Orleans
Mark D. Rich
Miami
Antonio J. Rodriguez
New Orleans
John A. Scialdone
Gulfport
Norman C. Sullivan
New Orleans
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