Courses

The Care and Feeding of Expert Witnesses: This course will explore the issues surrounding the use of experts in litigation. Students will evaluate and discuss the need for experts, types of experts required, issues involving expert reports, and procedural, discovery and trial issues involving experts. Students will be required to evaluate these issues in light of various factual scenarios. Students will also be required to prepare for and participate in daily discussions regarding the various topics and will also be required to pass a short exam.

Prerequisites: Preference to students with a Demonstrated Interest in Litigation
Faculty: James P. Roy (’76), Managing Member, and Brian Colomb, (’98) Member, Domengeaux Wright Roy & Edwards, L.L.C., Lafayette, LA


The Ins & Outs of Mid-Size Firm Practice: This course will give you real-life insight into the workings of a mid-sized regional law firm with offices in three cities and two states. Students will be exposed to internal concepts of governance/management, law firm technology, marketing, finance, billing, human resources, administration and inter-partner /shareholder relationships. Concepts such as billings, collections, origination, realization, laterals, methods of compensation, leverage, teamwork, training and  mentoring of associates, marketing, overhead, file assignments, partnership/shareholder agreements, succession plans, etc. will be discussed in an informative, hands-on and interactive manner.

Faculty: Edwin G. Preis, Jr. (’72), Founding Partner, Preis PLC and Robert M. Kallam (’90), Partner, Preis PLC, Lafayette, LA


Integration of Drones Into Domestic Airspace-Selected Legal Issues:  The course is a hands-on, intense, legal symposium with passionate interaction addressing the issues.  Dialogue is encouraged and expected.  Envision a drone flight over or near private property on its designated one mile flight track to a nearby beach to collect video of a fraternity party.  Might such flight constitute a trespass?  A nuisance?  A breach of privacy?  What happens if the camera inadvertently collects data on a developing crime or civil assault and battery?  What tort implications arise if the drone collides with a building or a commercial airliner?  The regulation and control of drones will directly affect our freedoms.  To what degree should drones be regulated?  Over regulation will destroy an emerging industry before it gets off the ground.  Under regulation will affect Constitutional and Private Rights.

Faculty: Edward D. Markle, Of Counsel, James Carter Law Firm, New Orleans, LA


Introduction to Leveraged Energy Finance: The course will explore the various products and structures available to energy companies to raise debt and synthetic debt capital, including leveraged finance products, structured finance products, and financial derivative products.  We will also explore utilization of joint ventures, master limited partnerships and traditional oil and gas conveyances, such as production payments, to effect leverage in a capital structure.

Prerequisites: Mineral Law; Oil and Gas Law or Demonstrated Interest in Oil and Gas Law; Administrative Law preferred but not required
Faculty: Robert R. Rabalais (’89), Partner, Simpson Thacher & Bartlett, LLP, Houston, TX


Lawyering and the Legislative Process: The course will provide an introduction to the role of lawyers in the public policy and legislative process. It will be geared toward federal legislation and Congress. It will include two sections, one focused on Congress and the mechanics of the legislative process. Understanding the legislative process is essential to advising clients on public policy and legislative issues. The second part of the course will use a current major policy issue to provide students the opportunity for hands-on role playing on behalf of clients with different policy positions. This will involve researching the issue, preparing testimony in support of the client’s policy position and drafting concise legislation to accomplish the client’s public policy goal. Student teams will present and defend their policy position and legislative draft. Students will also have a short multiple choice exam.

Prerequisites: Preference to students with Demonstrated Interest in Legislative Process
Faculty: Mark D. Boudreaux (’84), Senior Director, Federal Relations ExxonMobil Corporation, Washington, D.C.


Managing the Personal Injury Case: This course combines substantive and procedural personal injury law with the essential steps and elements of pursuing or defending a claim for personal injury damages – from client intake and case evaluation to settlement or trial. Topics may include any or all of the following: the essential elements of a personal injury case: parties, liabilities, damages, forms, documents, and witnesses; obtaining police, medical, and employment records necessary for calculation and proof of liability and damages; locating, retaining and preparing experts and their reports for case evaluation, assistance, and trial testimony; gathering information and preparing settlement proposals and demands; and preparing and presenting witnesses, exhibits, and documentation to support or defend a case at trial.

Prerequisites: Preference to students with Demonstrated Interest in Litigation
Faculty: Edward J. Walters, Jr. (‘75), Partner, Walters, Papillion, Thomas, Cullens, LLC; Darrel Papillion (’94), Partner, Walters, Papillion, Thomas, Cullens, LLC, Baton Rouge, LA


Navigating the Complex Regulatory World of Offshore Leases: This course will focus on compliance with the statutory and regulatory regime governing the ownership and operation of offshore oil and gas leases granted and administered by the United States Department of the Interior. Students will be tasked with providing advice on practical issues that frequently arise (e.g., bidding on leases, application of adjacent state law, imposition of penalties for regulatory violations), as well as drafting pleadings necessary to defend against administrative findings of noncompliance. Reading materials will include relevant statutory and regulatory provisions, select decisions by federal courts, and sample pleadings.

Prerequisites: Mineral Law; Oil and Gas Law or Demonstrated Interest in Oil and Gas Law; Administrative Law preferred but not required
Faculty: Jonathan A. Hunter (’87), Shareholder, Liskow & Lewis, New Orleans, LA


Negotiating and Drafting a Commercial Lease: This course will explore the key provisions of commercial lease agreements, including in-line and big box shopping center leases, office leases and warehouse leases. Emphasis will be on national leasing standards while noting Louisiana peculiarities. Students will undertake the alternating roles of landlord’s counsel and tenant’s counsel, and be required to analyze, draft and negotiate in class major lease provisions from their respective client’s perspective. For the final project, students will be required to revise hypothetical lease clauses on behalf of a tenant and a landlord.

Prerequisite: Sales and Lease
Faculty: Sterling Scott Willis (’83), Partner, Fishman Haygood Phelps Walmsley Willis & Swanson, L.L.P., New Orleans, LA


Practical Antitrust Issues Involving Mergers and Acquisitions in the Energy Industry and Related Competitor Collaboration Questions: In recent years, in the press and economic literature, much focus has been placed on consolidation through mergers and acquisitions in numerous industries, including the energy sector (deals such as Exxon/Mobil, ExxonMonil/XTO, BP/Arco, Schlumberger/Smith International, Baker Hughes/BJ Services, and others).  Many deals, which are often transformative for the resulting company, have received careful antitrust scrutiny by United States and foreign authorities.  While very few deals have been stopped, others have been approved on the condition that the parties make concessions-usually divestitures-in order to obtain governmental clearances.  Deals that are carefully investigated generally take more than a few months to obtain clearance.

This course aims to provide the legal and practical background regarding how such deals are analyzed, reviewed, and approved or modified under the antitrust laws.  It should enable students to have an in-depth knowledge as they embark as practicing lawyers of the various pitfalls involving antitrust that may be encountered in M & A transactions.  Students will examine a series of hypotheticals highlighting issues before, during and after the acquisition is completed.

Prerequisites: Demonstrated Interest in Business Law
Faculty: John A. Herfort, Partner, Gibson, Dunn & Cutcher, New York, NY


The Selection and Persuasion of Your Jury: This course will review the significant role of juries in the American system of justice, explore the diversity, opinions, and backgrounds of the respective jurors who make up those juries, and finally consider the varied methods of selecting and persuading those jurors in a civil trial. Students will study and discuss sample voir dire examinations and jury interrogatories, and they will observe and evaluate video presentations of voir dire examinations, closing arguments, and jury deliberations from an actual mock trial. Students will be required to draft and explain voir dire questions based upon a hypothetical civil case. For the final project, students will be required to draft a closing argument to a hypothetical jury in a hypothetical civil case provided by the instructor. Students will also be required to pass a short exam.

Prerequisite: Preference to students with Demonstrated Interest in Litigation
Faculty: Timothy F. Daniels (’85), Member, Irwin Fritchie Urquhart & Moore LLC, New Orleans, LA


The Strategy and Drafting of Dispositive Motions: The great majority of lawsuits are never tried. They are resolved by either settlement or motion practice. Favorable settlements are often set up by strategically filed and well developed motions. This course will examine the fundamentals of developing and filing dispositive motions. The course will review the available state and federal pre-trial motions including FRCP 12 (motion to dismiss) and 56 (motion for summary judgment), LCCP arts. 921-934 (Exceptions), and 961-971 (motion to strike, motion for judgment on the pleadings and motion for summary judgment). The course will also address the role of discovery that can be used to support motions and exceptions. For the final project in lieu of an examination, students will be required to draft a motion for summary judgment based on a hypothetical provided by the instructor.

Prerequisites: Preference to students with Demonstrated Interest in Litigation
Faculty: R. Patrick Vance (’75), Partner and Leader, Business & Commercial Litigation Practice Group, Jones Walker, New Orleans, LA


Why Should the Judge Listen to Me? What Makes Judges Read and Hear What Lawyers Say: Unless your motion, brief in support, or argument catches and holds the judge’s attention, the outcome is predictable. Writing a motion or brief that a judge reads carefully and thinks about, or making an argument that a judge listens to attentively, is not sufficient to win, but it is necessary. This course focuses on the elements and skills that help get and keep the trial judge’s attention, whether the judge is an arbitrator, an administrative law judge, a state trial judge, or a federal bankruptcy, magistrate, or district judge. The focus will be on the elements and skills of effective written and oral advocacy that apply to all lawyers whose practice includes some kind of litigation, no matter what subject area or type of trial forum.

Prerequisites: Preference to Students with a Demonstrated Interest in Litigation
Faculty: Honorable Elizabeth Foote (’78), United States District Judge, Western District of Louisiana; Honorable Lee H. Rosenthal, United States District Judge, Southern District of Texas


Workshop on Effective Mediation Advocacy Skills: This course will explore negotiation and mediation principles to assist the students in developing the skills needed to be an effective advocate at a mediation. Each day there will be a role playing exercise in which the students will practice the techniques discussed that day. The final project will require that the students work in teams of two and negotiate a settlement of a law suit, either with or without mediation.

Faculty: Lynne Rothschild Stern, Principal, Louisiana Mediation and Arbitration (LAMA)


Information current as of October 6, 2014.

jbgoode@law.lsu.edu