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Practices

Assistant

Karen East

504.556.4061

“Having litigated and tried many complex cases in state and federal courts around the nation, I have learned that creativity, passion, judgment and focus are the keys to achieving successful outcomes for clients. I listen carefully to my clients and work hard every day to advance their causes and solve their problems. My greatest satisfaction is in knowing that I have done everything I can to bring my experience and talents to bear on behalf of my clients.”

Overview

James Brown is an experienced trial lawyer handling complex litigation throughout the courts of Louisiana and the U.S., with a focus on banking, contract, and professional liability disputes, class action defense and insurance coverage litigation. He also advises clients in crisis management matters. A Fellow of the American College of Trial Lawyers, he has a national reputation in key areas of complex litigation: corporate disputes, class actions, legal malpractice defense, director and officer liability, antitrust, trusts and estates litigation, and other complex issues.  Following multiple terms of service on the firm’s Board of Directors, Compensation Committee and as the Chair of the Commercial Litigation Section, James now serves as the firm’s General Counsel and Loss Prevention Partner. He also heads the Professional Liability Group. 

For over three decades, James has represented national and international businesses, financial institutions and other entities in complex commercial and professional liability cases. He also has defended national legal malpractice carriers and law and accounting firms and has handled trust and estates litigation and other types of commercial claims and disputes. James has tried difficult, high-stakes cases in these areas in both state and federal courts. 

Here are two cases that illustrate James’s value to clients: 

  • The nation’s largest home builder came to James to defend it in a lawsuit seeking to undo the property covenants upon which it  had relied in building out a subdivision.  Through creativity and focus, James developed legal theories that led to summary dismissal of the suit, saving the client substantial fees and expenses and protecting it from a major monetary exposure.  
  • James successfully defended one of the world’s largest actuarial firms against complex professional negligence claims brought by the Louisiana Commissioner of Insurance, as Receiver of a failed Affordable Care Act insurance cooperative.  James resolved the claims against his client for a small fraction of the plaintiff’s demand. 

James represents other major institutional clients, such as Attorneys’ Liability Assurance Society, Inc.. “The unifying theme of these cases is their size, complexity and large exposure,” James notes.  

James serves as the Chair of the Louisiana State Committee of the American College of Trial Lawyers.  He  is a past Chair of the American Bar Association Presidential Standing Committee on Lawyers’ Professional Liability by appointment of the President of the ABA. This select 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. 

James is also a former member of the firm’s Board of Directors and serves as the firm’s General Counsel and Loss Prevention Partner. 

Talks about

#professionalliability #business #commercial #classactiondefense

Notable Experience

  • Defending the nation’s largest homebuilder against a putative class action alleging breaches of warranty, 2022
  • Successfully defended a Kentucky legal malpractice carrier against complex claims brought against its insured attorneys arising from an underlying maritime personal injury case, 2022
  • Successfully represented members of a limited liability company in complex disputes with other members, leading to a highly beneficial result for our clients, 2022
  • Successfully defended one of the world’s largest actuarial firms against professional negligence claims brought by the Louisiana Commissioner of Insurance, as Receiver of a failed Affordable Care Act insurance cooperative, 2021
  • Obtained dismissal of all claims filed by subdivision homeowners against the nation’s largest homebuilder, 2021
  • Working with Kirkland & Ellis lawyers and others, participated in securing reversal of a $416 million antitrust judgment against Blue Cross Blue Shield of Louisiana, 2021
  • Successfully defended a Florida banker against professional liability claims filed by the Louisiana Insurance Commissioner, as Receiver of a failed insurance company, 2021
  • Obtained dismissal of all claims against a major law firm following a multi-day “zoom” trial, 2020
  • Successfully defended a major Louisiana financial institution against contractual and other claims by a discharged senior officer, 2018
  • With Shannon Holtzman of our firm, successfully defending a national law firm against a class action suit arising from its tax collections work for the City of New Orleans.  See Fransen v. City of New Orleans, 2016-0844 (La. App. 4 Cir. 3/28/18), 2018 WL 1516989 (affirming judgment substantially restricting class following class certification trial), 2018
  • Successfully defended a leading national retailer and motor fuel distributor against suits by a New Orleans retail chain seeking to invalidate motor fuel distribution contracts.  We obtained full enforcement of our client’s contracts along with a refund of a substantial portion of our attorneys’ fees for the client’s benefit, 2017
  • Received “Distinguished Achievement Award” from LSU Law School, 2018

Involvement

Professional

  • American College of Trial Lawyers – Fellow, 2012 – Present; Chair of the Louisiana State Committee, 2021 – 2023; Chair of the Task Force on Mental Health Awareness, 2023 – Present
  • Louisiana State University, Paul M. Hebert Law Center, Adjunct Professor in Torts and Trial Advocacy, 1992 – Present
  • LSBA's “P’s and Q’s” Ethics and Professionalism Program, Co-chair, 2004 – Present
  • Chaired the U.S. Magistrate Judge Merit Selection Panel by appointment of the Chief Judge of the Federal Court, 2016
  • American Bar Association Presidential Standing Committee on Lawyers’ Professional Liability, Past Chair, 2013 – 2016
  • New Orleans, Louisiana State, and American Bar Associations – Member
  • Judge John C. Boutall American Inn of Court – Master
  • Louisiana Bar Foundation – Fellow
  • American Bar Foundation – Fellow

Community

  • New Orleans Ethics Review Board – Member by appointment of the Mayor, 2013–2019, Vice Chair, 2017-2018, Chair, 2018-2019. Oversaw the New Orleans Inspector General and Independent Police Monitor and administered the New Orleans Code of Governmental Ethics. Chaired the 2017 New Orleans Inspector General search.
  • Louisiana State University Honors College, Advisory Council Vice Chair, 2010-Present
  • New Orleans Center for Creative Arts (“NOCCA”) Institute, past Vice President and Director, 2012-2017

Recognition

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LOTY Logo for James A. Brown

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Credentials

Education

  • Louisiana State University, Paul M. Hebert Law Center (J.D., 1984)
    • Order of the Coif
    • Louisiana Law Review, Editor-in-Chief, 1983-1984
  • Louisiana State University (B.A., summa cum laude, 1981)
    • Phi Kappa Phi
    • Mortar Board
    • Omicron Delta Kappa

Bar Admissions

  • Louisiana, 1984

Court Admissions

  • U.S. Supreme Court, 2015
  • U.S. District Court, Middle District, Louisiana, 1987
  • U.S. District Court, Western District, Louisiana, 1987
  • U.S. Court of Appeals, Fifth Circuit, 1986
  • U.S. District Court, Eastern District, Louisiana, 1985
  • Various Pro Hac Vice admissions in federal and state courts around the nation

Clerkships

  • Law Clerk to the Honorable Alvin B. Rubin, Circuit Judge, United States Fifth Circuit Court of Appeals, 1984-1985

Presentations

James frequently speaks, teaches and publishes in the areas of professional liability, ethics and trial advocacy. He has given over 200 professional presentations to national, state and local bar associations in the areas of trial practice, complex litigation, and lawyer ethics and professional responsibility. Recent presentations include:

  • "Second Movement – Direct and Cross Examination," LSBA CLE during Jazz Fest, April 28, 2023
  • LSBA Ethics & Professionalism Seminar, Moderator, December 7, 2022
  • "Writing Clean and Simple," LSBA Compose a Winning Score: Persuasion Through Powerful Writing, May 6, 2022
  • "Professionalism from the Bench: Briefing that Judges Love and Hate," LSBA Compose a Winning Score: Persuasion Through Powerful Writing, May 6, 2022
  • "Play a Simple Tune, How to Win Your Case by Keeping it Simple," LSBA Spring Litigation Seminar, April 23, 2021

Publications

  • “A Few Thoughts on Creativity, Music and Lawyering;” Louisiana State Bar Association Publication, 2017
  • “Defending the Corporate Deposition of the Law Firm: Selecting the Representative and Preserving Privileges,” Westlaw Professional Liability Journal, Vol. 24, Issue 6, December 2014 (with Carol Payne of Estes Okon and Craig Singer of Williams & Connolly)
  • “Context and Purpose Must be Considered in Evaluating Attorney-Client Privilege With In House Counsel,” American Bar Association, Lawyers Professional Liability Standing Committee E-Advisory, August, 2014 (with Carey Menasco of Liskow & Lewis)
  • “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 Journal, 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 Journal 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 2008

After Hours

James has played violin, guitar and piano for most of his life.

Leadership

James is the immediate past Chair of the American Bar Association Presidential 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 also a former member of the firm’s Board of Directors and serves as the firm’s General Counsel and Loss Prevention Partner.

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