Richard G. Passler

Partner - New Orleans

T: (504) 584-5440
C: (504)250-5440
F: (504) 584-5452
richard.passler@bswllp.com

Richard G. Passler is an AV® rated partner in the New Orleans office of Breazeale, Sachse & Wilson. For the past 30 years, his practice has focused on complex commercial litigation with extensive experience in health-care related litigation, admiralty/maritime matters, and governmental ethics issues. He has represented for profit and non-profit entities, individuals, and governmental entities.

Complex Commercial Litigation

Mr. Passler primarily handles complex commercial litigation in all types of business related matters, whether disputes between businesses or the owners of a business. The specific areas of advice and litigation include:

Breaches of contract and related torts
Dissolution of business (including corporations, partnerships, limited liability companies, and closely-held businesses)
Breaches of fiduciary duties
Anti-competitive claims including antitrust
Unfair trade practices
Intellectual property

The litigation often involves intensive discovery, sophisticated motion practice, writ application practice, presentation of trials, and appellate practice. Mr. Passler has extensive experience in the federal district courts, state district courts, and state appellate courts throughout the state of Louisiana. This experience is partially reflected in his over 50 reported state court decisions and over 56 reported federal court decisions.

Healthcare

Mr. Passler represents both individual healthcare providers (e.g., doctors and nurses) and healthcare facilities (e.g., hospitals, and long term care and senior living facilities). The specific areas of advice and litigation include:

Business litigation, including breaches of contract and related torts
Liability disputes
False Claims Act (qui tam)
Director's and officer's liability
Both prosecuting and defending HCQIA (peer review) actions

Admiralty/Maritime

Mr. Passler represents various types of maritime clients in a wide array of matters. The specific areas of advice and litigation include:

Business and commercial disputes
Pilotage issues
Collisions and allisions of vessels, including related property damage claims

Governmental Ethics

Mr. Passler represents both governmental entities and those doing business with them in connection with providing advice in navigating Louisiana’s myriad of governmental ethics rules. The specific areas of advice include:

Prohibited payments from nonpublic sources
Prohibited participation in transactions involving governmental entities
Prohibited contractual arrangements and available exceptions
Limitations on providing/accepting food and drink
Prohibitions after termination of public office
Financial disclosure requirements

Practice Areas

Education

Tulane University School of Law, J.D., cum laude, 1991

Tulane Law Review, Notes and Comments Editor
Dean Rufus C. Harris Law Review Award

University of Texas, B.B.A. (Finance), 1988

Admissions

Louisiana

Texas

Eastern, Middle and Western Districts of Louisiana

United States Court of Appeals for the Fifth Circuit

United States Supreme Court

Professional Associations

New Orleans Bar Association, Complex Litigation Committee

Louisiana State Bar Association

Texas State Bar Association

Bar Association for the Fifth Federal Circuit

Federal Bar Association, New Orleans Chapter, Admiralty Law Committee

American Bar Association

Special Attorney General, State of Louisiana (1995-2005)

Hearing Committee Member, Louisiana Attorney Disciplinary Board

Maritime Law Association of the United States - Associate Lawyer

Honors and Awards

Selected by his peers for inclusion in The Best Lawyers in America^® (Since 2016)

Named “Top Lawyers of New Orleans" in the area of Commercial Litigation by New Orleans Magazine (Since 2014)

Named “Top Lawyers of New Orleans" in the area of Governmental Relations (Ethics) by New Orleans Magazine (Since 2015)

AV^® Preeminent^TM Peer Review Rated by Martindale Hubbell (Since 2001)

Listed in Louisiana Super Lawyers in the area of Business Litigation (Since 2018)

BTI Consulting Group’s list of 2022 Client Service All-Stars

Publications

“Don't Violate Louisiana's Governmental Ethics Laws This Holiday Gift-Giving Season When It Comes to Public Employees” November 2024
“Hurricane Ida: Where to go for help?” September 2021
“All Hands on Deck: Employers Must be Cautious of Overtime Laws During Hurricane Ida Recovery” September 2021
“FEMA Critical Needs Assistance Already Hitting Louisiana Bank Accounts” September 2021
“Executives Grabbing a Mop: Salary Exempt Employees Performing Non- Exempt Work During the Aftermath of Hurricane Ida” September 2021
“During Mandated Social Distancing, in Louisiana, "The pen [stroked before a Notary and Two Witnesses, still appears to be] Mightier than the Sword"” April 2020
“The Strong Expropriation Power Of Louisiana's Deep-Water Public Ports” January 2018
“Analysis for Maritime Contract Determination Redefined by the U.S. Fifth Circuit” January 2018
“Don't Forget Louisiana's Governmental Ethics Law When Hiring Governmental Employees” June 2016
“Remember the Wining and Dining Restrictions When Entertaining Public Employees and Elected Officials” Associated Builders and Contractors, Inc., Pelican Chapter, Merit Shop Message, May 2015
“Louisiana Governmental Ethics with a Healthcare Twist” December 2014
“Out of State Companies: Beware of the gift restrictions to Louisiana’s public servants under Louisiana’s Code of Governmental Ethics” November 2014
Comparative Impairment: Louisiana's New Methodology for Resolving Conflicts of Law, 52 La. L. Rev. 409 (1992)
Comment, Regulation of Indecent Radio Broadcasts: George Carlin Revisited - What Does the Future Hold for the Seven "Dirty" Words?, 65 Tul. L. Rev. 131 (1990)
Note, Apparent Authority Without Detrimental Reliance Equals No Sale, 64 Tul. L. Rev. 986 (1990)

Judicial Clerkship

Judicial Clerk for Judge Charles Schwartz, Jr., United States District Court, Eastern District of Louisiana (1991-1992)