Michael H. Rubin is a member in the firm's Baton Rouge office.
Business
Recognized for the depth of his knowledge about both business litigation and commercial financing, Mike has served as President of both the U.S. Federal Fifth Circuit Bar Association and the American College of Real Estate Lawyers, and for more than three decades has taught the course on Louisiana finance and real estate at the LSU Law School and other law schools throughout the state. His numerous law review articles and publications on real estate and finance have been cited as authoritative by state and federal courts, including the U.S. Fifth Circuit. Mike is one of only fifty U.S. attorneys elected to the Anglo-American Real Property Institute. He is active in the ABA's Real Property Section, the American Law Institute and is a member of numerous other business organizations, including the American College of Appellate Lawyers and the American College of Commercial Finance Attorneys.
Litigation
Known for appellate advocacy, Mike has argued major cases before numerous state and federal appellate courts (including the U.S. Fifth and Seventh Circuit Courts of Appeal and the Louisiana Supreme Court) on matters such as: constitutional law; labor law; legal ethics; local governmental zoning affecting private interests; property and contractual issues; taxation; education issues; and matters of critical importance to the Louisiana lending community. Mike is: a past president of the U.S. Fifth Circuit Bar Association, and currently serves on its Board of Directors; a member of the American Academy of Appellate Lawyers; and has served as member of the Fifth Circuit Rules Committee. Trials he has handled have included ground-breaking cases in the area of Louisiana finance and secured lending; major multi-million dollar commercial cases involving contract disputes, construction issues, and commercial transactions; trials of national importance concerning federal voting rights, bankruptcy, environmental law and constitutional issues.
Government
Mike is regularly retained by governmental agencies in connection with major constitutional and educational matters affecting the state. He has successfully handled matters concerning the constitutional financing of education in Louisiana, the ability of the Louisiana Supreme Court to pass rules and regulations affecting the practice of law, and litigation that sought to undermine state statutes and contracts relating to gaming.
Elected and Appointed Offices
Mike has served as president of: the American College of Real Estate Lawyers (2007); the Louisiana State Bar Association (2001-2002); the Southern Conference of Bar Presidents (2001-2002); the Bar Association of the United States Court of Appeals, Fifth Circuit (1998-2000); the Baton Rouge Bar Association (1986-1987); the Baton Rouge Bar Foundation (1987); and the Baton Rouge Property Lawyers Group (1982).
Mike has served as chair of: ABA Real Property Section's Ethics Committee (2008-present); the Louisiana State Bar Hurricane Relief Committee (2006); the Civil Justice Reform Act Committee of the Federal District Court for the Middle District of Louisiana (1990-1994); the Advisory Committee on the Uniform Local Rules of the Federal District Courts in Louisiana (1990); and the Louisiana Bank Counsel Committee, Louisiana Banker's Association (1989-1990).
Mike has served as a Board Member of: the American College of Real Estate Lawyers (1999-present); the Bar Association of the U.S. Fifth Circuit Court of Appeals (1995-present); the National Conference of Bar Presidents (2002-2005); the American College of Real Estate Lawyers Charitable Foundation (2002-2008); the Louisiana Bar Foundation (1988-1994; 2001-2003); and the LSU Law Center National Board of Trustees (1999-present).
Mike has been appointed and elected to serve as a member of: the American Academy of Appellate Lawyers (1998-present); the American Law Institute (1987-present); the American College of Mortgage Attorneys (2000-present); the Anglo-American Real Property Institute (2002-present) (one of only 50 U.S. lawyers admitted to this organization); the American Bar Foundation (1997-present), the American College of Commercial Finance Lawyers (1997-present); the American Bar Association (1975-present; House of Delegates, 2000-2002); the Louisiana Law Institute (advisory member for various committees, 1979-present); the Louisiana Sec. of State's Commission on Corporations, Advisory Committee (1998-1990); the ABA Section Officers Conference on Ethics and Professionalism (2008-present); the U.S. Fifth Circuit Rules Committee (1999-2000); the Louisiana Supreme Court Committee on Judicial Ethics (1999-2002); and the Louisiana Supreme Court Mandatory Continuing Legal Education Committee (1987-1995).
Mike has served as an editor of a number of legal journals, including the ABA Section on Litigation Appellate Practice and Update Journal, Update Editor, 1998; the Louisiana Bar Journal, 1992-1994; and Louisiana Law Review (Articles Editor) (1974-75).
Honors
· Louisiana Commissioner to the National Conference of Commissioners on Uniform State Laws (2010 - present)
· "2007 Distinguished Alumnus" of the LSU Law School
· National Burton Award winner, presented at the Library of Congress by the Burton Foundation for outstanding legal writing
· Stephen Victory Award presented by the Louisiana State Bar Association for outstanding legal writing
· Bernard Caillouet Award, for life-time achievement in law-related education
· Gold Medal from the Atlanta-based Foundation for Improvement of Justice for work simplifying the law and making legal services available to the poor
National Speeches
Mike has presented over 350 papers throughout the U.S., as well as in Canada and the U.K., and is in high demand as a public speaker. His presentations combine an informal style with scholarship, thought-provoking comments, and humor.
Publications - Books
· "Louisiana Security Devices: A Prčcis," LexisNexis (2011), author
· "Louisiana Security Devices: Cases and Materials," 1st-20th Editions (2011), author
· "Institute on Mineral Law, 56th Annual Edition" (2009), Claitor's Publishing (section author)
· "Security Devices, Case and Materials, First through Nineteenth Editions" 1978-2009, (522 pages, used in LSU and Southern University, and Loyola law schools)
· "In Our Own Words: Reflections on Professionalism," Louisiana Bar Foundation Press, 1999 (chapter author)
· "Louisiana Civil Trial Procedure, American Inns of Court Series," Lawyers Cooperative Publishing Co., 1997 (section author)
· "Louisiana Environmental Handbook," Lawyers Cooperative Publishing Co., 1992 (co-writer, chapter 25: "Lender Liability")
· "The Law of Distressed Real Estate," Clark Boardman & Co., 1991 (section author: "Louisiana Law in Dunaway")
· "Louisiana Appellate Practice Handbook," Lawyers Co-Operative Publishing Company, 1986 (co-author and editorial board member)
· "Louisiana Civil Procedure Forms," West Publishing Co., 1975-1984 (co-author-pocket parts)
Publications - Most Recent Articles
· "How to Teach Ethics in Law School," National Law Journal (June 2011)
· "Deficiency Judgments: A Louisiana Overview," Michael H. Rubin and Jamie Seymour, 69 La.L.Rev. 783 (2009)
· "The Intersection of Conflicts of Interest and Imputation of Knowledge," 22 ABA Probate and Property 53 (Nov. 08)
· "The Ethical Utah Lawyer: What Are the Limits in Negotiation?" 21 Utah B. Journal 15 (2008)
· "The Ethical Negotiator: Ethical Dilemmas, Unhappy Clients, and Angry Third Parties," 26 The Construction Lawyer 12 (2006) (monthly magazine published by the ABA's Forum on the Construction Industry)
· "Lessons Learned (the Hard Way) By Lawyers During Hurricanes Katrina and Rita," by Michael H. Rubin and Beth E. Abramson, 10 Probate and Property 25 (2006) (a monthly magazine published by the ABA Real Property and Probate Section)
· "Louisiana State Court Summary Judgments: What to Do When There are Mixed Questions of Law and Fact and When There Are Expert Affidavits," 52 Louisiana Bar Journal 346, 2005
· "Labor Negotiations: Do Any Rules of Ethics of Professionalism Really Apply?" ALI-ABA, Employment and Labor Relations Law for the Corporate Counsel and the General Practitioner, 4/11/03
· "Breaching the Protective Privity Wall: Expanding Notions of Real Estate Lawyers' Liability to Non-clients," ALI-ABA, The ACREL Papers, 2002
· "From Screens and Walls to Screams and Wails: a Selective Look at Screening Among the Various Ethics Rules and Cases and a Consideration of Some Unanswered Questions," ALI-ABA, The ACREL Papers; republished in "Advanced Commercial Leasing Institute," (2002)
Professional Affiliations
· American Academy of Appellate Lawyers
· American Association of Commercial Finance Attorneys, Member
· American Bar Association, Chair, Ethics Committee of Real Property Section
· American Bar Foundation, Member
· American College of Mortgage Attorneys, Member
· American College of Real Estate Lawyers, President (2007)
· American Law Institute, Member, Advisory Committee for Restatement of the Law of Property (Mortgages)
· Anglo-American Real Property Institute
· Bar Association of the Fifth Federal Circuit, Past President, Current Board Member
· Baton Rouge Bar Association, Past President
· Baton Rouge Bar Foundation, Past President
· Leadership Greater Baton Rouge Alumni, Inc., Current Member, Former Board of Directors Member
· Louisiana Bankers Association, Past Chair, Banking Law Section
· Louisiana Bar Foundation, Member
· Louisiana Law Review, Articles Editor (1975)
· Louisiana State Bar Association, Past President
· Louisiana State Law Institute, Member, Security Devices Committee; UCC 9 Committee
· Louisiana State University Law Center, Member, National Board of Trustees (2000-Present)
· Southern Conference of Bar Presidents, Past President
· The Supreme Court Historical Society, Member
Community and Other Activities
· National Conference of Christians and Jews, Board of Governors (Baton Rouge region), 1988-2004
· Baton Rouge Chamber of Commerce, Leadership Alumni Board of Directors, 1997-2001
Professional Recognition
· The Best Lawyers in America ® (Appellate Law, Bet-the-Company Litigation, Commercial Litigation, Litigation - Banking & Finance) (10 Years)
· Chambers Louisiana / Banking & Finance
· Martindale-Hubbell AV Peer Review Rated Lawyer
· Louisiana Super Lawyers Appellate, Business Litigation, Real Estate