RISK MANAGEMENT

​

Jackie believes in a holistic approach to risk management. Typically, she will meet new clients in person to familiarize herself with your business, business structure, internal and external practices and procedures, growth strategy, data, market, and strategic partners, among other industry-specific driven considerations. This detailed understanding is then used to evaluate your current risk management program or prepare recommendations for implementing such a program from scratch.

 

Jackie also undertakes and oversees risk management program audits for companies large and small in the healthcare, financial, energy, retail, construction, bio-recovery and remediation, education, and technology sectors. As part of this process, she also frequently advises her clients on applicable regulatory obligations and assists in the revision or preparation of internal protocols to aide in her clients’ compliance both before and following a loss.

 

INSURANCE COVERAGE INTERPRETATION & LITIGATION

 

For over fifteen years, Jackie has assisted clients with the evaluation and resolution of complex insurance coverage questions. She also has extensive experience litigating such matters on behalf of corporate insureds in the state and federal courts of Louisiana and Texas, and in arbitration and mediation proceedings.

 

Having previously represented certain underwriters at Lloyd's of London, certain London market insurance companies and several other international and domestic insurers, Jackie is able to provide a unique perspective to her clients – one which accounts for the insurer’s perspective on prospective or disputed coverages. In this practice, Jackie frequently litigates oil and gas “package” policies including well control coverage disputes as well as commercial general liability and umbrella and excess liability disputes on behalf of energy policyholders.

 

Jackie also has experience in resolving biohazard remediation and recovery insurance coverage questions on behalf of biohazard remediation and recovery insureds. She has also assisted healthcare, architect and engineer, retail and tourism, and construction policyholders in resolving complex professional and commercial general liability and umbrella and excess liability claims. Jackie was also heavily involved in the Louisiana class action and major mass-joinder litigation associated with Hurricanes Katrina and Rita, where she handled first-party and commercial property claims as well as business interruption and extra expense claims, force-placed policy issues, and other commercial related risks. She was represented corporate policyholders in complex coverage matters arising from the In re Chinese Drywall and Deepwater Horizon incidents. 

​

CYBER-SECURITY & DATA PRIVACY

 

Jackie is a data privacy advocate as well as an Adjunct Professor of HIPAA privacy law and Insurance Coverage at Loyola University's College of Law in New Orleans. She is the founder of the firm’s Cybersecurity & Data Privacy Practice and has over ten years of experience handling data and privacy related risk management and associated insurance coverage interpretation and litigation matters.

​

Preparation and Prevention

​

Jackie is familiar with the privacy obligations and vulnerabilities associated with businesses large and small in a wide variety of industries including, but not limited to, the Healthcare, Energy, Construction, Telecommunications, Tech, Financial, Education, and the Retail, Hotel, and Tourism sectors. From a preparation and prevention perspective, she assists her clients in identifying and complying with their various privacy obligations based on an in-depth evaluation of the nature and size of your business, your industry, your clients, your market, and the manner in which your data is stored, processed, and transmitted. Because navigating the patchwork of domestic state and federal regulations and foreign regulations potentially applicable to your business can be difficult, Jackie’s experience helps reduce compliance costs for her clients and add confidence in their frameworks.

 

Jackie typically works closely with key company stakeholders in your C-suite, HR, Legal, and IT departments as well as any other pertinent employees or major third-party vendors, to create a customized data privacy program tailored to your business’ unique challenges and regulatory obligations. The goal, of course, is to minimize the risk of a cyber-attack or data breach through best practices; however, she also identifies rules and regulations applicable to your business when a breach occurs, and helps design a cost-effective, compliant response plan.

 

As part of this process, she has experience assisting local and national clients with General Data Privacy Regulation (“GDPR”) compliance audits and California Online Privacy Act readiness assessments and compliance audits. She also frequently audits and prepares record and data retention policies, Bring Your Own Device (“BYOD”) policies, and Privacy policies – all key components of managing your business's privacy related risks.

​

Response

 

Jackie directs BC Firm's cyber response services which include working with your IT department – or an external forensic IT partner – to quickly identify the source, isolate, preserve, and remove any embedded malware, preserve and/or replace lost or inaccessible data, and other steps necessary to bring your business back online, satisfy regulatory notice and reporting obligations, and support any cyber insurance claim(s).

​

For more details on our firm’s cyber-attack and data breach services, please review the firm’s Practice Area description.

 

ENERGY

​

Jackie has experience in oil and gas insurance coverage negotiations and litigation. She also frequently advises clients regarding oil and gas contract disputes, termination of mineral leases, and the negotiation of vendor agreements. Jackie also assists her energy clients in reviewing and crafting proper indemnity, limitation of liability, insurance, and privacy-related provisions in MSAs and other frequently used service contracts within the industry.

 

MEDIATION SERVICES

​

Jackie is a Registered Mediator with the Louisiana State Bar Association. She is also proud to serve as current Chair of the LSBA’s Alternative Dispute Resolution Section. In her mediation and alternative dispute resolution practice, she helps resolve business and commercial litigation disputes, international commercial disputes, and complex insurance coverage questions.

 

INTERNATIONAL BUSINESS

 

Originally from the Republic of Panama, Jackie is fluent in Spanish and regularly advises clients on international commercial transactions in her native language. She is also experienced opining on risk management considerations for multinational corporations.

 

NONPROFIT AND OTHER VOLUNTEER SERVICE

 

As part of Jackie’s international practice, she proudly served over ten years on the Executive and General Board of the Hispanic Chamber of Commerce of Louisiana including as Chairman. She is also a committed community advocate for the socio-economic development of the Greater New Orleans area and proud alumna member of Greater New Orleans, Inc.'s NextGen Council.

 

Jackie also currently serves on the Louisiana District Export Council. LDEC is comprised of Louisiana's most experienced export executives who stand ready to advise local companies on export issues and international market development. Jackie's appointment was granted by U.S. Secretary of Commerce, Wilbur L. Ross.

 

In years past, Jackie has served as a volunteer attorney for the non-profits, Louisiana Appleseed and The Pro Bono Project. In 2011, Jackie was awarded Louisiana Appleseed’s Good Apple award in recognition for her work drafting the Louisiana Language Access Guidelines. These guidelines, adopted by Justice Kimball in 2012, provide translation services for indigent defendants who do not speak, or have trouble speaking, the English language. Jackie is proud to continue her commitment to equitable access to justice by currently serving on the Louisiana Supreme Court's Language Access Committee.

​

REPRESENTATIVE MATTERS

 

• Successfully obtained in excess of 50M in coverage for energy policyholder following multiple coverage dispute cases arising from multi-million-dollar control of well and pollution liability claims. These cases involved the interpretation of specialized control of well insurance policy provisions as well as the interpretation of the "Property Damage" exclusion and the interplay of the bought-back "Blended Pollution Endorsement" within certain energy market umbrella and excess follow-form liability policies.  

​​

• Successfully obtained in excess of 1M in coverage for retail policyholder that suffered a significant payment card data breach following a malware cyberattack.

 

• Successfully obtained defense and indemnity coverage for subcontractor policyholder following coverage dispute associated with multi-million-dollar construction defect claims against policyholder. This matter involved the evaluation of the "property damage," "impaired property," "business risk," and "known loss" exclusions as defined in various ISO form CGL and professional liability policies.

 

• Successfully obtained defense and indemnity coverage for A&E policyholder for personal injury claims against policyholder due to defective workmanship. The case involved the interpretation of overlapping business liability and professional liability policies and applying the "professional services" exclusion to non-professional services rendered by architect and/or engineer policyholders.

 

• Successfully obtained defense and indemnity coverage for energy policyholder for two multi-million-dollar personal injury lawsuits filed against policyholder following employee kidnappings. These cases required an in-depth analysis of the coverages afforded under the "Employee Injury Benefit" and "Maritime Coverage" endorsements and the application of the "terrorism" exclusion under various ISO form CGL and umbrella liability policies.

​

​EDUCATION

​

• Tulane University, J.D., 2006

• Queen Mary School of Law, Certificate in International Business Union Law, 2005

• University of Florida, B.A. (Major: Political Science; Mass Communication) 2001, cum laude

​

BAR ADMISSIONS

​

• U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana

• U.S. Court of Appeals for the Fifth Circuit

• All Louisiana State Courts

• U.S. District Court for the Southern District of Texas

• All Texas State Courts

​

HONORS/AWARDS

​

• Super Lawyers Super Lawyer 2021-2023: Insurance Coverage, Business Litigation, International, Energy & Natural Resources and Business / Corporate and Alternative Dispute Resolution.

• "AV Preeminent" Peer Review Rating, 2013-present

• Super Lawyers Rising Star 2018-2020: Insurance Coverage, International, Alternative Dispute Resolution

• CityBusiness' "Leadership in Law", 2019

• New Orleans Magazine, “Top Lawyers”, 2017

• CityBusiness' "Women of the Year," 2017

• Recipient of LADC's Frank L. Maraist Award, 2016

• New Orleans Magazine's "Top Female Achiever," 2014

• Gambit Weekly New Orleans' "40 Under 40," 2013

• Louisiana Appleseed's "Good Apple" award, 2011

• Order of the Barristers, 2006

• Tulane Moot Court Senior Trial Winner, 2006

• Monte J. Tillis Memorial Book Award for Trial Advocacy, 2005

• Pi Sigma Alpha Honors Society, Political Science, 2001

​

​

PROFESSIONAL ASSOCIATIONS, MEMBERSHIPS & ACTIVITIES

​

• Registered Civil & Commercial Mediator

• Hispanic Chamber of Commerce of Louisiana, Immediate Past Chair, 2020-21

• Alternative Dispute Resolution Section, Louisiana State Bar Assoc., Chair, 2019-21; Immediate Past Chair 2022-23.

• International Law Section, Louisiana State Bar Assoc., Past Vice-Chair

• Louisiana District Export Council, Member

• Greater New Orleans, Inc., NextGen Council Member

• Panama Gateway International Association Inc., past-General Counsel

• Louisiana State Bar Association, Member

• New Orleans Bar Association, Member

• Texas State Bar Association, Member

• Federal Bar Association, Member

• Louisiana Association of Defense Counsel, Member

​

BLOG ARTICLES

​

• Cyber is for Everyone

• Is Cyber Insurance a Good Investment?

• Risky Business: Ensuring Your Company's Survival Through Comprehensive Risk Evaluation

• Recent Developments in Alternative Dispute Resolution

​

RESOURCES

​

• Insurance Considerations for Multinational Organizations

• Recent Developments in Insurance Coverage & Indemnity Provisions

• Biohazard Remediation: Insurance Coverage and Contractual Service Issues

• Data Defense, Cyber Liability & Document Retention Policies

• Social Media and Risks in the Workplace

• Common Issues for Small Business Owners

​

NEWS & UPDATES

​

• Elected Chair of the Alternative Dispute Resolution Section of the Louisiana State Bar Association.

• Appointed to the Louisiana District Export Council by U.S. Secretary of Commerce, Wilbur Ross.

• Elected Chair of the Hispanic Chamber of Commerce of Louisiana.

• Jacqueline M. Brettner talks “Cyber” at New Orleans Bar Association's CLE Program in the Republic of Panama

• New Orleans CityBusiness, Cyber insurance, security work in tandem to limit risk, 2017

• Louisiana Bar Journal, Who's Who in ADR, 2016-present