Wes Clark is a highly effective litigator with experience representing plaintiffs and defendants in commercial and corporate litigation in federal and state courts, as well as in federal multidistrict litigation and arbitrations before the American Arbitration Association and the Financial Industry Regulatory Authority (FINRA). He routinely serves as lead trial counsel and as local counsel for regional, national and multinational clients.
Wes’ clients range from small and mid-size, family owned and privately held businesses, as well as large publicly trade corporations based in the United States and elsewhere. He has significant experience in complex design and construction disputes involving residential and commercial properties and portfolios. In such matters, he routinely represents architects, designers, engineers, contractors, subcontractors and developers.
In his counseling practice, Wes represents condominium owners and owners' associations in governance-related matters, including amending, modifying and interpreting condominium documents, and provides guidance on unit owner compliance, assessments, liens, and enforcement of agreements and contracts.
Wes also represents insurance companies, financial advisors, state and regulatory agencies, preferred provider organizations, and creditors in debt collection matters.
Wes has successfully litigated a broad range of disputes, including cases involving professional liability, insurance defense, breaches of contract, leases, defective design and construction claims, and other business and commercial issues. He delivers forward-thinking risk management counsel to business owners and executives at every step of the dispute-resolution lifecycle, from pre-trial strategy and discovery, through trials, settlement negotiations, and mediation and arbitration. He also has a notable appellate practice, having successfully represented clients before the Louisiana Courts of Appeal, the Louisiana Supreme Court, and the United States Court of Appeals for the Fifth Circuit.
- Defended mechanical, electrical and plumbing (MEP) engineer from the pleading stage through jury verdict in federal court in a case involving claims by both a general contractor and the owner in a hotel renovation project in New Orleans. Won a judgment within the insured’s defense-within-limits professional liability policy despite demands by owner and contractor that far exceeded the policy’s limits. Team Contractors, L.L.C. v. Waypoint NOLA, L.L.C. et al, United States District Court, E.D. Louisiana, 2:16-CV-01131.
- Represented an architectural joint venture that intervened as a defendant in injunction and mandamus proceedings instituted by a general contractor against a fire district on a public works project. After winning at the trial court level, successfully opposed the terminated contractor’s appeal of a ruling denying mandamus and associated procedural rulings, including issues related to the disputed legal/policy issue regarding whether and under what circumstances a public entity may withhold payments from a general contractor under Louisiana public bid law. Stevens Construction & Design, LLC v. St. Tammany Parish F.D. No.1, 18-1759 (La.App. 1 Cir. 7/8/20); 308 So.3d 724.
- Defended an architectural firm’s design and construction administration services on a school project near Alexandria, Louisiana, from the pleading stage through discovery and pre-trial practice. After winning motions to dismiss significant claims at the trial court and appellate levels on the issue of peremption, resolved the case favorably for the architect before trial. Rapides Parish Sch. Bd. v. Zurich American Ins., et al, 19-312 (La.App. 3 Cir. 8/21/19); 279 So.3d 981, writ denied, 282 So.3d 231 (La. 11/12/19).
- Defended an architectural joint venture in a lawsuit arising out of the Baton Rouge Downtown River Center Branch Library dispute over responsibility for a widely publicized structural failure that occurred during construction. Represented the JV from the pleading stage through discovery and pre-trial practice, and ultimately resolution. City of Baton Rouge/Parish of East Baton Rouge v. WHLC Architecture – Schwartz/Silver, A Joint Venture, et al, No. 676,851, Section 23, 19th Judicial District Court, Parish of East Baton Rouge, State of Louisiana.
- Represented Kenneth R. Feinberg in the multidistrict litigation arising out of the BP oil spill in the Gulf of Mexico and won dismissal of untimely and unmeritorious claims on Rule 12(b)(6) motions to dismiss. In Re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mexico, on 4/20/10, 2020 WL 3606261 (E.D. La. 7/2/20).
- Represented a financial advisor in federal court in injunction and damages proceedings initiated by his former employer, from the initial pleading stage through two evidentiary hearings in FINRA arbitration. Hancock Whitney Corporation v. Bourgeois, United States District Court, M.D. Louisiana, 3:20-cv-0028.
- Represented a condominium owner’s association as a plaintiff in federal court against the developer and related entities responsible for construction defects. Defeated the defendants’ motions to dismiss the claims and, after prosecuting the claims through fact discovery, achieved a very favorable resolution for the association. The Quarters at Dutchtown Condominium Owner’s Association, Inc. v. Sandlin, et al, United States District Court, M.D. Louisiana, 16-cv-848.
- Representing a preferred provider organization (PPO) in collection proceedings against delinquent debtors.
- Debt Collection
- Commercial and Corporate Litigation
- Louisiana Condominium Law
- Design & Construction
- Insurance Defense
- Financial Services / Financial Industry Regulatory Authority (FINRA)
- Professional Liability
- Procurement and Administrative Law
- US Court of Appeals for the Fifth Circuit
- US District Court for the Eastern District of Louisiana
- US District Court for the Middle District of Louisiana
- US District Court for the Western District of Louisiana
- All Louisiana State Courts
- Federal Bar Association, Baton Rouge Chapter
- Louisiana State Bar Association
- Baton Rouge Bar Association, Construction Law Section
- Baton Rouge Pro Bono Project
- Southern University Law Center
- Louisiana State University
BS, Political Science and History