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Richard Traina Richard Traina was graduated from the Loyola University School of Law in New Orleans in 1992. He was a member of the Loyola Law Review and was on the 1990 – 1991 Moot Court national team. He was a finalist in the 1990 Judge S. Sanford Levy Appellate Brief Writing Competition and was a teaching assistant in the law school’s legal research and writing and moot court programs. Before law school, Richard, who has a technical undergraduate background, worked at a U.S. Navy research facility. After law school, Richard began his practice with a major law firm in the United States Virgin Islands. He did maritime personal injury defense work and general maritime work for Lloyd’s London and Crowley Maritime Transport. He did casualty defense work for Continental Insurance Company, primarily defending property damage claims arising out of Hurricane Hugo. He also practiced commercial litigation for international banking and finance firms Barclays Bank PLC and Banco Popular de Puerto Rico. Richard returned to New Orleans in 1996 and briefly did maritime insurance defense work. He then took a short sabbatical (during which time he met his wife) before taking a job at a small New Orleans firm. In the early 21st century, Richard litigated several high profile matters in state and federal court in New Orleans that received regular media attention, including the following: Intellectual Property: Brennan’s, Inc. v. Dickie Brennan & Co., Inc., 376 F.3d 356 (5th Cir. 2004), later proceeding at 377 F. Supp. 2d 579 (E.D. La. 2005). In this dispute between members of New Orleans’ famous Brennan restaurant family, Richard successfully represented the defense against claims of federal and state trademark infringement and unfair competition involving the use of restaurant names in litigation that spanned five years. This litigation was handled as an insurance defense matter for Zurich Insurance Company. Breach of Contract/Unfair Trade Practices: Times-Picayune Publishing Corp. v. New Orleans Publishing Group, Inc., 814 So. 2d 34 (La. App. 4th Cir.), writ denied, 819 So. 2d 335 (La. 2002) and Chaisson v. New Orleans Publishing Group, Inc., 719 So. 2d 1149 (La. App. 5th Cir. 1998), writ denied, 819 So. 2d 335 (La. 2002). In this litigation, Richard successfully represented the defense against claims of breach of contract and unfair trade practices in litigation involving the right to publish the statutorily-mandated judicial notices and legal advertisements of the Sheriff of Jefferson Parish, Louisiana. Securities: Earles v. Ruth U. Fertel, Inc., et al. Richard successfully represented the plaintiff against the then-parent company of the Ruth’s Chris Steakhouse chain and certain of its officers and directors on claims of federal securities fraud, state law fraud, negligent misrepresentation and breach of fiduciary duty and obtained a favorable jury verdict on liability in the U.S. District Court for the Eastern District of Louisiana. The case confidentially settled before damages were tried. Tax/Constitutional Issues: World Trade Center Taxing District v. All Taxpayers, 908 So. 2d 623 (La. 2005). Richard represented the plaintiff (a political subdivision of the State of Louisiana) in litigation that tested the constitutionality of a statutorily-created tax increment financing district designed to aid commercial real estate development in New Orleans. He also participated in the preparation of amicus briefs to the Louisiana Supreme Court in other tax increment financing cases litigated at this time. Kennedy v. United Airlines, Inc., 797 So. 2d 186 (La. App. 5th Cir. 2001), writ denied, 811 So. 2d 882 (La. 2002). Richard successfully represented the Louisiana Department of Revenue in litigation testing the constitutionality (as impermissible burdens on interstate commerce) of taxes on jet fuel, food, and other supplies purchased by airlines at airports in Louisiana for use on interstate flights. Hurricane Katrina devastated New Orleans in August 2005, destroying the home of Richard and his family. They relocated to Galveston, Texas. While in Galveston, the Trainas worked their way through various federal and state disaster aid programs, dealt with their personal insurance claims, and sold what remained of their house in New Orleans. Richard also continued practicing law for his national and international clients, including Wendy’s International, Inc. and Layher, Inc., the U.S. unit of the German scaffolding firm Wilhelm Layher GmbH & Co. KG. Richard continues to represent Wendy’s and Layher in Louisiana. Spring 2006 brought the conclusion of the Traina’s time in Galveston. Richard considered the assistant general counsel (in charge of litigation) position at a publicly-traded company in Texas with a market capitalization of $3.4 billion and an in-house litigation/arbitration position in Florida with a major Wall Street brokerage firm/investment bank. Family and place, however, brought the Trainas back to Louisiana and Richard joined Seale & Ross in the late summer of 2006. He practices out of Seale & Ross’s Hammond office. Richard and his wife Jennifer live with their daughter Grace in Covington, Louisiana. |