D. Alex Onstott

Ciolino & Onstott provides high-quality, cost-effective outside general counsel services to individuals and small to medium-sized businesses in Louisiana and across the United States. We represent clients across various industries, including niche areas such as real estate, construction, entertainment, medical marijuana, and non-profit.

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
• Rates, Retainers and Additional Information
  We offer a range of alternate fee arrangements to suit the needs of our clientele, including: Hard and soft caps, incentivized payment structures, subscription-based services, and more.

Louisiana

Since 2015

Member

Ciolino & Onstott, LLC

2017 - Current

Term Law Clerk

United States District Court for the Middle District of Pennsylvania

2020 - 2020

Interim law clerk to newly appointed federal district court judge.

Associate

Murray Law Firm

2015 - 2017

Law Clerk

Murray Law Firm

2013 - 2015

Intern

City of New Orleans

2014 - 2014

Assisted the City of New Orleans, pro bono, in opposing a class certification in a toxic tort claim against them.

Tulane University School of Law

J.D. (2015)

2012 - 2015

Honors: Moot Court Board, Special Projects Chair Head Coach, Willem C. Vis International Commercial Arbitration Team

Activities: Student Attorney, Tulane Juvenile Law Clinic

University System of Georgia - Georgia Institute of Technology

B.S. (2010) | International Affairs

2009 - 2010

Honors: Best Witness, 2007 Southeast Regional Collegiate Mock Trial Tournament

Activities: President, International House, 2007-2008 Steering Committee, International House, 2006-2008 Member, Georgia Tech Mock Trial, 2006-2010

Eric Bergsten Award – Best Claimant Memoranda Honorable Mention

Willem C. Vis International Moot Court Competition

2014

Award received for submitting one of the top 20 briefs out of a field of 100 competing teams.

Louisiana State Bar Association  # 36611

Member

Current

Contracts for the New Business Owner, Fund 17 Spring Cohort 2018, New Orleans

March 20, 2018

Fund 17

Invited by a start-up incubator to present on common pitfalls in contract to a cohort of entrepreneurs

Contracts for the New Business Owner, Fund 17 Fall Cohort 2017, New Orleans

November 15, 2017

Fund 17

Invited by a start-up incubator to present on common pitfalls in contract to a cohort of entrepreneurs

Q. What are my rights ??

November 16, 2018

A: Don't panic! Disputes like this one are very common in all businesses, and more oftentimes they are settled without the need for expensive litigation. Typically these types of claims are handled by your insurance, who will provide legal defense and indemnification (payment of your damages) on claims under your policy. Unfortunately, if there was no active policy at the time of the incident, then you may be on your own.

The first thing you need to know when dealing with a dispute is that it is the accuser's job to prove their case, it is not your job to prove that you are innocent (though when you are able to do so, it resolves these problems much faster); however, remember that you are still dealing with a customer! It is important to protect your business from direct liability for the damages, but also from impacts to your marketing and good-will. So, stand your ground, ask them for what proof they have that you or your company damaged their property, but remain courteous and professional. You then need to honestly evaluate their evidence against your documentation, and what you know, and determine if your company may have actually caused the damage. Sometimes the best strategy is to simply apologize and do what you can to make things right with the client. Other times, you need to stand up for yourself, show your client that you will not be bullied and make them back down.

This decision, and how you communicate it to the client, is difficult and may have long term effects on your business, which leads me to the best advice I can give: hire an attorney!

The biggest mistake that we see from business clients is waiting to call us until they are being sued. The earlier your attorney is involved, the better your financial outcome is likely to be, even accounting for the attorney's fees. For instance, an attorney may find coverage in your policy for the issue that you didn't think that you had. Business lawyers are particularly sensitive to the business needs of their clients, and can help you make decisions which will benefit your company in the long run. After all, a profitable client is a happy client! ... Read More

Q. If a phone conversation was recorded without your knowledge, though Legal, can it be made public or are there rules?

November 16, 2018

A: There is no easy way to answer this question without knowing the content of the conversation and the method by which it was "made public". However, I can say that there are rules. There are rules based on the First Amendment; there are rules based on contract; there are rules that based on statute; and there are rules which may be implicated by circumstances or by the relationship between the parties.

The importance of free exchange of ideas and facts to our democracy is enshrined in the Constitution through the freedom of expression and freedom of the press. So the court, as a government body, will not prohibit speech unless it is needlessly harmful, like hate speech or defamation. So as it relates to this situation, the person cannot publicize the conversation if it contains private information about you (i.e. sexuality, health, or finance), unless there is a compelling reason why the public should know those facts, beyond "morbid and sensational prying." However, if the information informs the public in a way that could help them protect themselves, or make political decisions (such as voting) about the people involved, then the disclosure is likely to be protected. This is a complex analysis which should only be undertaken with the assistance of experienced counsel.

Additionally, certain situations may restrict a person's ability to publicize certain facts. Most obviously, if there is any sort of non-disclosure agreement. Non-disclosure agreements are powerful tools in these situations, but must be properly constructed to be enforceable, so do not assume that any NDA which might cover the conversation will protect you. Again, you should consult with an attorney to determine if an NDA exists, and if it does, whether or not it gives you any protection.

Other than express contractual arrangements, some information is protected by statute, such as health information, which is protected by HIPAA. There are many different laws which may apply to different categories of information, you would need to consult with an attorney to determine if there are any particular laws which apply to your case.

Finally, intellectual property and information which is privileged generally may not be publicized unless the information is crucial to prevent an imminent harm to the public. This encompasses information which is shared to a doctor, lawyer or similar professional, or information which could be considered a "trade secret". Sharing of privileged information may or may not create legal liability on the discloser, but it is often grounds for censure and punishment by the associations or agencies which regulate their profession. As with the other circumstances, I highly recommend that you speak with an attorney about your particular circumstances in order to get an accurate impression of your rights and exposure. ... Read More

Q. Found 2 original stock certificates in grandfather’s bank box . Co. is not publically traded. Son now runs the business.

September 13, 2018

A: Securities law is very complex and fact specific. The easiest way to figure out the current status of the shares is to simply contact the company and ask. Without seeing the stock papers, knowing the company's position on the stock, and reviewing the current and historical operating agreements, it is impossible to know exactly whether or not the company must honor them. However, if the value of the shares is potentially substantial, you should contact an experienced securities lawyer to determine your rights, and potential obligations, before contacting anyone else.