First Amendment & Media Law

Degan, Blanchard & Nash represents publishers, reporters, authors, broadcasters and media entities, including online providers, in a number of different matters. Our practice includes counseling clients prior to publication or broadcast on legal issues regarding their investigations and articles. We advise clients on how to prevent claims of defamation and how information may be communicated to, or obtained from, third parties, or shielded from access by third parties. In addition, we defend against claims of defamation and invasion of privacy lawsuits. We also strive to preserve access to public records and courtrooms on behalf of our clients. Furthermore, in keeping up to date with issues arising out of social media, we are able to work with our clients to help safeguard against issues of privacy, employment-related concerns, and potential litigation.

A major concern for many clients is the need to defend against criminal, civil and grand jury subpoenas. Journalists are entitled to a qualified privilege. The United States Department of Justice has created guidelines to protect journalists from the excessive use of subpoenas. The guidelines provide that the Department of Justice should make all reasonable attempts to obtain the sought-after information from alternative sources before considering issuing a subpoena to a journalist. In addition, the guidelines require that federal prosecutors attempt to negotiate with the journalist and explain the specific reasons the information being sought is needed. In criminal cases, the prosecutor should have reasonable grounds to believe, based on information obtained from non-media investigation, particularly when the information bears directly on establishing guilt or innocence. In civil cases, the prosecutor should have reasonable grounds to believe, based on non-media sources, that the information sought is essential to the successful completion of the litigation in a case of substantial importance. Whether a criminal or civil case, the subpoena should not be used to obtain peripheral, nonessential, or speculative information. Moreover, unless there are exigent circumstances, the use of subpoenas should be limited to the verification of published information.

Significantly, forty states and the District of Columbia have shield laws in place designed to protect journalists against being forced to disclose confidential information and sources in state court. The protection offered by shield laws varies by jurisdiction. Some laws protect journalists in civil cases only. Some laws only protect journalists from revealing confidential sources, but not other information. Our attorneys are prepared to challenge subpoenas issued to journalists and will work diligently to obtain the best possible results to protect their information and confidential sources.

Practice Area Spotlight

Admiralty and Maritime

Degan, Blanchard & Nash employs dedicated attorneys with proficiency in admiralty and maritime law. The practice of Admiralty and Maritime law is a highly focused area of law that is not widely practiced throughout the United States. As one of the oldest branches of law, harkening back to ancient times, maritime law today covers a broad area of issues, ranging from injuries and working conditions at sea to shipping and commerce, navigation, collisions, ….

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Construction

Navigating a complex construction project requires assistance from an experienced legal team well-prepared to tackle the issues that regularly arise on the construction site. During any phase of a construction project, disagreements can turn into bitter disputes over insurability, schedule, cost, and quality of the end product.

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Professional Liability

Our professional liability defense group is comprised of attorneys with unsurpassed expertise in defending professionals from a variety of industries, including claims involving medical/healthcare providers, the legal/accounting industries, real estate agents/brokers, insurance agents/brokers, design professionals/architects and engineers, financial planners, investment advisors, and other professional disciplines.

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Property and Casualty

Through its many years of experience, Degan, Blanchard & Nash's property litigation section attorneys has developed a technical expertise in handling a wide array of property cases involving both commercial and residential properties. With offices in New Orleans and Baton Rouge, Louisiana, this includes defense of claims due to the weather - e.g., for damage occurring as a result of storms or extreme temperatures.

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Trucking and Commercial Vehicle

In short, we know the commercial vehicle and trucking business. We recognize the integral role commercial trucking plays in the economy and can help clients navigate the myriad of federal and state laws that may apply.

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Workers' Compensation Defense

Employers spend millions of dollars every year settling workers' compensation claims that might otherwise have been reduced or dismissed. At Degan, Blanchard & Nash, our attorneys defend cases involving work-related injury or disease, from the most minor to the most severe. While the workers' compensation courts prefer to settle disputes through mediation, there are cases which require litigation. This is when a work-related legal dispute moves to the courts and a workers' compensation lawyer is required.

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Longshore and Harbor
Workers' Compensation Act
and Defense Base Act

Originally began as a maritime defense law firm, Degan, Blanchard & Nash has diversified from its traditional role primarily in the Louisiana and Texas maritime area into, among other areas, the "blue water" and international marine fields. The firm's approach is to consistently reflect our attorneys' broad knowledge and deep understanding of admiralty and insurance coverage law together with effective representation of the clients, the cornerstone of our longstanding client relationships.

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Insurance Coverage and Litigation

Degan, Blanchard & Nash's insurance coverage practice has many decades of combined experience in providing insurance coverage advice and in defending insurers in coverage litigation. The coverage group maintains its national expertise and handles claims and litigation arising in all fifty states. Although the insurance coverage group focuses exclusively on the coverage advice and litigation needs of insurers, our coverage lawyers are also skilled in defending liability issues, especially in Louisiana where, due to the state's Direct Action Statute, insurers are most often sued directly by plaintiffs.

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