Mr. Brown heads the firm's Commercial Litigation Section as well as its Professional Liability Practice Group. He is a former member of the firm's Board of Directors and serves as the firm's Loss Prevention Partner. His practice focuses on complex litigation, including banking and contract disputes, professional liability litigation, legal malpractice defense, antitrust litigation, trusts and estates litigation, First Amendment litigation, and Education law.
For over two decades, Mr. Brown has successfully represented federal banking agencies and banks in complex commercial and professional liability cases. He also has defended national legal malpractice carriers and law and accounting firms. Trust and estates litigation and other types of commercial litigation are also part of his practice background. Mr. Brown has tried major cases in these areas in state and federal courts.
Mr. Brown is a fellow of the American College of Trial Lawyers. He is listed by Chambers USA - America's Leading Lawyers for Business as among America's top commercial litigators. Mr. Brown also is named in Best Lawyers in America in the fields of Bet-the-Company Litigation, Commercial Litigation, Legal Malpractice Law, Litigation - Antitrust, Litigation - Trusts and Estates, and Professional Malpractice Law. He is listed among Top Lawyers by New Orleans Magazine. In 2005, New Orleans CityBusiness named him one of New Orleans' "Leaders in Law." Mr. Brown is listed in Benchmark Litigation as a "Local Litigation Star" in the state of Louisiana. He also is listed in Louisiana Super Lawyers.
Following law school, Mr. Brown served as law clerk to the Honorable Alvin B. Rubin, Circuit Judge, United States Fifth Circuit Court of Appeals, 1984-85. Since 1992, he has served as an Adjunct Professor in Trial Advocacy at the Louisiana State University Paul M. Hebert Law Center.
Mr. Brown serves as the Chair of the American Bar Association Standing Committee on Lawyers' Professional Liability by appointment of the President of the ABA. The 10-member presidential standing Committee plans, sponsors and produces the biannual ABA National Legal Malpractice Conference, which draws together hundreds of leading attorneys and insurance industry professionals from around the nation to address current issues relating to prosecution and defense of legal malpractice cases, loss prevention, and professional liability insurance. The Committee also publishes newsletters and alerts on late breaking cases and developments to the members of its Lawyers' Professional Liability Consortium.
He is the past Co-Chair of the Professional Liability Litigation Committee of the ABA Section of Litigation and the past Chair of the Continuing Legal Education Program Committee of the Louisiana State Bar Association.
He frequently speaks, teaches and publishes in the areas of professional liability, ethics and trial advocacy.
Mr. Brown serves on the New Orleans Ethics Review Board by appointment of the Mayor. The Board administers and enforces the New Orleans Code of Governmental Ethics and appoints the New Orleans Inspector General.
Recent representative matters include:
· Secured dismissal of RICO, unfair trade practice, and related claims against national law firm (2012).
· Secured summary judgment dismissing legal malpractice claims against major New Orleans firm and national legal malpractice carrier (2012).
· Secured a federal court judgment recognizing the non-governmental status of a Louisiana charter school operator and its right to redress under 42 U.S.C. Section 1983 for deprivation of its vested contractual rights in violation of Article 1, Section 10 of the U.S. Constitution. The judgment awards the charter school declaratory and injunctive relief, damages, attorneys' fees and costs. The judgment is the first of its kind and has landmark significance to the charter school movement sweeping the nation. Advocates for Arts-Based Education Corporation v. Orleans Parish School Board, 2010 U.S. Dist. Lexis 6019 (EDLA Jan. 26, 2010).
· Defended national law firm and one of its senior partners in a two week jury trial in Mississippi (2010).
· Defended former CEO of Louisiana's second largest HMO in three week federal white collar jury trial (2008).
· Secured dismissal of antitrust price fixing claims filed by the Louisiana Attorney General against one of the world's largest international consulting firms. State of Louisiana, ex. rel., James D. Caldwell v. Allstate Insurance Co., et. al., No. 07-9409 (East. Dist. La. Dec. 17, 2008).
· With other attorneys, secured a reversal and remand of an award of $72 million in sanctions against a federal banking agency. Mr. Brown and other firm attorneys were hired to handle the matter on appeal from the sanctions award. FDIC v. Maxxam, Inc., et. al., 523 F.3d 566 (5th Cir. 2008).
· Secured dismissal of antitrust claims filed by the Louisiana attorney general against one of the nation's leading pharmaceutical manufacturers (2008).
· Developed a successful legal theory for removal of state attorney general suits against industry as disguised "class" and "mass" actions subject to the Class Action Fairness Act. See State of Louisiana, ex. rel., James D. Caldwell v. Allstate Insurance Co., et. al., 2008 U.S. App. Lexis 15275 (5th Cir. July 18, 2008).
· With other attorneys, secured a federal court ruling striking down Louisiana's "violent video game" statute as violative of the First Amendment of the U.S. Constitution and enjoining enforcement of the statute. See Entertainment Software Association v. Foti, et. al., 451 F.Supp. 2d 823 (M.D. La. 2006).
· Successfully defended the former president of one of Louisiana's largest health maintenance organizations against multiple civil actions brought by the company's Receiver. (2006)
· With other attorneys, secured dismissal of a major class action brought against a federal banking agency and credit card bank challenging the insured status of the bank. (2005)
· Secured dismissal of malpractice claims against a major law firm arising from a corporate merger transaction. (2004)
· With other firm attorneys, achieved dismissal of federal RICO claims filed against the former management of one of Louisiana's largest health maintenance organizations. (2003)
· Part of the legal team that secured an important victory for a federal banking agency in the United States Court of Appeals for the Fifth Circuit. The class action attacked the insured status of a federally insured banking institution. Heaton v. Monogram Credit Card Bank, 297 F.3d 416 (5th Cir. 2002).
· Working with Liskow & Lewis attorneys, obtained a reversal by the Louisiana Supreme Court of a large malpractice judgment entered against a law firm and national malpractice carrier. The firm was retained to handle the appeal after the adverse judgment was rendered by the district court. The decision is important to many other pending and future cases. Hendrick v. ABC Ins. Co., 00-CC-2403 (La. 5/15/01), 787 So.2d 283.
· In a professional liability case for a federal banking agency, secured an important victory in the United States Fifth Circuit involving the failure of Louisiana's largest thrift institution. FDIC v. Barton, 233 F.3d 859 (5th Cir. 2000).
Other notable cases:
· After trial, won a large damages judgment for a local energy company in a case involving the misdrilling of a directional well.
· Secured substantial judgments for a bank after the failure of a large commercial investment.
· Prosecuted major professional liability cases for federal banking agencies, securing millions of dollars in settlements. E.g., FSLIC v. McGinnis, Juban, Bevan, Mullins & Patterson, et. al, 808 F. Supp. 1263 (M.D.La. 1992).
· Successfully represented executors, trustees, and banks in trusts, estates, and property cases.
· Represented a local energy company in several complex cases.
· Assisted in securing a reversal of a large verdict rendered against a law firm and malpractice carrier arising out of a securities offering. Liskow & Lewis was retained to handle the appeal. In a landmark decision, the United States Fifth Circuit dismissed all claims against the firm's clients. Abell v. Potomac Ins. Co., 858 F.2d 1104 (5th Cir. 1988).
Honors & Affiliations:
· New Orleans Ethics Review Board, 2013-2019
· Chair, American Bar Association Standing Committee on Lawyers' Professional Liability
· American College of Trial Lawyers - fellow
· Louisiana State University, Paul M. Hebert Law Center - Adjunct Professor in Trial Advocacy, 1992 - present
· Past Chair, Continuing Legal Education Program Committee, Louisiana State Bar Association
· Past Co-Chair, ABA Professional Liability Litigation Committee
· LSBA's "P's and Q's" Ethics and Professionalism Program, Co-chair
· Law Clerk to the Honorable Alvin B. Rubin, Circuit Judge, United States Fifth Circuit Court of Appeals, 1984 - 1985
· New Orleans, Louisiana State and American Bar Associations - Member
· Judge John C. Boutall American Inn of Court - Master
· Louisiana Bar Foundation - fellow
· American Judicature Society - Member
· National Institute for Trial Advocacy - Member
· Advisory Council, Louisiana State University Honors College
· Vice President and Director, New Orleans Center for Creative Arts ("NOCCA") Institute
· Past Director, Lake Vista Property Owners Association
· Council on Alcohol and Drug Abuse for Greater New Orleans - Director and Past President of United Way Funded Agency
· Past Director and Past President of United Way Funded Agency
· Chambers USA America's Leading Lawyers for Business - Litigation: General Commercial, 2010-2013
· The Best Lawyers in America, 2005-2014
· New Orleans CityBusiness Leadership in Law Award
· Louisiana Super Lawyers, 2007-2013
· "Case Law Developments," American Bar Association National Legal Malpractice Conference (led panel presentations), Boston, MA, April, 2011
· "The Banking Crisis and Re-emergence of the FDIC," Louisiana State Bar Association, March, 2011
· "Ethics - Masters of the Courtroom," Federal and New Orleans Bar Association Joint Program (led panel discussion, December, 2010
· "Anatomy of a Settlement," Louisiana State Bar Association (moderated mock mediation program, April, 2010)
· "Attorney Liability to Non-Clients," Louisiana State Bar Association Summer School, June 2010, Sandestin, Florida, June 2010, and 22nd Annual Summer School Revisited, December 17, 2010, New Orleans, Louisiana
· "Ethics and Money," Louisiana State Bar Ethics "P's and Q's" Program, New Orleans, December, 2009
· "The Class Action Fairness Act: Jurisdiction and Removal," Moderated Panel, Federal Bar Association and Louisiana Supreme Court Joint Program, New Orleans, December, 2009
· "Ethics in Organizational Representation," Louisiana State Bar White Collar Crime for Civil and Criminal Practitioners Program, New Orleans, LA, November, 2009
· "Cross Examination - How Not to Foul Up," Louisiana State Bar Trials, Experts of the Bench and Bar Program, New Orleans, LA, October, 2009
· "Cross Examination of a Plaintiff's Legal Malpractice Expert," ABA National Legal Malpractice Conference, Miami, FL, April, 2009
· "Sox at Six: Is It Working?," Program Chair, ABA Annual Meeting, New York, NY, August, 2008
· "Wind, Water and Other Trivial and Mundane Matters" (moderated panel, Louisiana State Bar Multi-Topic Program, June, 2008)
· "Sanctions in State and Federal Court: Recent Developments," Louisiana State Bar Association, December 2007
· "The Attorney-Client Privilege: Under Siege?," Louisiana State Bar New York Program, November, 2007
· "The Big Wind Blows: Of Hurricanes, Lease Disputes and Business Interruption," Louisiana State Bar Multi-Topic Program, June, 2007
· "Attorney Liability to Non-Clients," ABA National Legal Malpractice Conference, Chicago, IL, Fall, 2006
· "Professional Liability in the 21st Century," Louisiana State Bar Association, Fall, 2006
· "Ethics and Malpractice Exposure," Louisiana State Bar "P's and Q's" Ethics and Professionalism Program, December 2004
· "Cross Examination: How Not to Screw Up," Louisiana State Bar Program, New Orleans, Louisiana, October 2004
· "Professionalism, Views From the Bench and Bar," Moderator, Louisiana State Bar Program, New Orleans, Louisiana, December 2003
· "Just Who is Your Client? Attorney-Client Privilege and Ethics in Estate Planning," Tulane University 13th Estate Planning Institute, November 2003
· "Corporate Representation, a New World of Responsibility," Louisiana State Bar Program, Disney World, Florida, March 2003
· "Lawyer Ethics in the Enron Era," Louisiana State Bar Program, New Orleans, Louisiana, December 2002
· "Judicial and Private Mediations: Views From the Bench and Bar," Panelist, Louisiana State Bar Multi-Topic Seminar, San Destin, Florida, June 2002
· "Fiduciary Duties, Advising, and Defending: Lessons Learned From Litigation," Loyola University Annual Estate Planning Conference, December 2001
· "An Overview of the 2000 Amendments to the Federal Rules of Civil Procedure and Evidence," FDIC Legal Division Annual Conference, Bethesda, Maryland, 2001
· "Law Firm Ethics: Captives, Corporations and Private Firms," Louisiana State Bar Association's "Ethics 2000 - New Rules for a New Era," December 2000
· "Ethical Challenges in Corporate Practice and Commercial Litigation" (with Shaun G. Clarke of Liskow & Lewis), Louisiana State Bar Seminar, New Orleans, Louisiana 1999
· "Ethical Considerations in Representing Corporations," Louisiana State Bar Seminar, 1999
· "Taking and Defending Rule 30b6 Depositions," FDIC Legal Division Annual Conference, Washington, D.C., 1998
· "Handling Secured Transaction Litigation," Louisiana State Bar Program, Branson, Missouri, 1998
· "Federal District Court in Louisiana Concludes, in Legal Malpractice Case, That Loss of a Right to Jury Trial is No Loss At All," American Bar Association, Lawyers Professional Liability Standing Committee E-Advisory, July 2012 (with Carey Menasco of Liskow & Lewis)
· "The Law of Lawyers' Liability - State of Louisiana," Chapter in The Law of Lawyers' Liability, 2012 American Bar Association, First Chair Press (with Carey Menasco of Liskow & Lewis)
· "Damages: You Can't Always Get What You Want," ABA Professional Liability Litigation Committee, Winter 2012 (with Erin Delatte of Liskow & Lewis)
· "PCAOB Issues Concept Release on Alternatives for Auditor's Reporting Model," ABA Professional Liability Litigation Committee News and Developments, Spring/Summer 2011, Vol. 7, No. 1
· "The I Am Not Your Lawyer Case," ABA Professional Liability Litigation Committee Spring/Summer 2011, Vol. 7, No. 1 (with Carey Menasco of Liskow & Lewis)
· "Federal Bankruptcy Law Extends State Law Statute of Repose on Legal Malpractice Claims," ABA Professional Liability Litigation Committee Newsflash, September, 2009 (with Carey Menasco of Liskow & Lewis)
· "Legal Malpractice Law in Louisiana," American Bar Association Fifty-State Survey of Legal Malpractice Law, Professional Liability Litigation Committee (with Carey Menasco and Jessica Gladney of Liskow & Lewis), December 2008
· "When the Carrier and Insured Part Ways: The Insured's Right to Independent Counsel" (with Shannon Holtzman of Liskow & Lewis), La. Bar Journal (June/July 2005)
· "Preserving Contribution Rights After Settlement: A Need for Resolution" (with Matt Jones of Liskow & Lewis), 56 La. L. Rev. 511 (1996)
· "Recent Developments Affecting Louisiana's Discretionary Function Exception: Will Louisiana Follow Gaubert?" (with John C. Anjier of Liskow & Lewis), 53 La. L. Rev. 1487 (1993)
· "Hiring of Attorney to Represent Third Parties - The Umbrella Defense," 43 La. L. Rev. 1041 (1983)