Terry McCay is a partner in the Lake Charles office of Kean Miller.  Terry joined the firm in 1999 and practices in the Forest Products Industry, business defense and litigation, and labor and employment groups.  Terry has extensive experience in the Louisiana forest products, pulp and paper, and chemical industry and was selected as one of the “Best Lawyers in America” for 2007-2009 in timber law.

Representative Experience

• Representation of two significant land and timber companies in the closing of negotiated sales and spring and fall timber auction tracts in Louisiana in 2009 totaling over $18 million.
• Assisted large timberland owners with resolution of boundary disputes and timber overcut disputes in Vernon Parish in 2009.
• Assistance with interpretation issues involving 1965 Surface Lease with a major land and resource company, and with site selection for a communications tower in Calcasieu Parish.
• Defense of a major timber company in boundary action and timber overcut lawsuit in Beauregard Parish and resolution of boundary disputes in Sabine Parish.
• Review of proposed carbon credit trading agreements.
• Review and revision of long-term timber sale contracts.
• Review and revision of timber sale contracts and payment schedules for in-woods chipping operation.
• Drafting of language for inclusion in timber sale contracts and oaymnet schedules concerning federal Biomass Crop Assistance Program (BCAP).
  

A professional forester and Land Administration Manager with Boise Cascade before attending law school, Terry has specific experience in cases involving exposure to toxic substances, general civil litigation and defense, hearing loss, property issues, and collections cases. 

Terry also assists in representing local, regional and national industrial clients in cases involving the EEOC, ADA, ADEA, sexual harassment and wrongful termination. He is a regular speaker on employment law issues at seminars sponsored by the Chamber/Southwest Louisiana, McNeese State University,  the Louisiana Department of Labor and has served as an adjunct faculty member at Sowela Tech in Lake Charles in the area of HR Certification.

Education

Terry earned his J.D. from the LSU Law Center in 1999, and was a member of the Moot Court Board from 1998 to 1999. He earned his B.S. in Forestry from the University of Kentucky in 1980. He earned his M.S. in Forest Management and Economics from Virginia Tech in 1982 and his M.B.A. in 1983 from Virginia Tech.

Admissions

• Admitted, Louisiana, 1999
• Admitted, U.S. District Court, Middle, Western and Eastern Districts of Louisiana
• Admitted, U.S. Court of Appeals, Fifth Circuit

Memberships

• Louisiana State (Louisiana State Law Institute Council, Observer, Young Lawyers Section, 2002), Southwest Louisiana, American and Federal Bar Associations
• Southwest Louisiana Defense Counsel
• Albert Tate Chapter of American Inns of Court

Articles, Publications and Presentations

Labor & Employment Notes, March 2004
National Labor Relations Act - Section 7
Why Giles Should be Invited to the Party: The Weingarten Right in a Nonunion Setting
Labor & Employment Notes, August 2004
Labor & Employment Notes, December 2004
Labor & Employment Notes, March 2005
Labor and Employment Notes, September 2005
Labor and Employment Notes, December 2005
Labor and Employment Notes, May 2008

Community Service

• Past Board Member, Volunteer Center of Southwest Louisiana
• Member, Louisiana Forestry Association
• Past Vice-President, Beauregard Parish Chapter of the Louisiana Council on Child Abuse
• The Chamber/Southwest Louisiana Leadership Class of 2000
• Past Board Member, Crimestoppers of Lake Charles, Inc
• Past Board Member, Friends of Louisiana Public Broadcasting
• Board Member, Imperial Calcasieu Human Resource Managers Association
• Volunteer, CASA (Court Appointed Special Advocate), Calcasieu Parish, Louisiana
• Past Board Member, LCIA (Louisiana Chemical Industry Alliance)
  
• Volunteer coach, youth baseball and track
• Hurricane Katrina and Rita Pro Bono Projects

Lecturer

• Recent Developments in Employment Law, VCC Spring Conference, Galveston, Texas (with Mike Garrard), 2009.
• FMLA and Recent Revisions to Implementing Regulations, Kean Miller Labor and Employment Law Seminar, White Oak Plantation, Baton Rouge, 4/15/09.
• Recent Developments in Employment Law, McNeese Small Business Development and the Chamber/Southwest Louisiana, McNeese State University 5/19/09.
• Employee Performance Evaluations, Kean Miller Labor and Employment Law Seminar, White Oak Plantation, Baton Rouge, 2008.
• Wheel of Labor, VCC Fall Conference, San Antonio, Texas (with Mike Garrard, Scott Hufstetler, and Gregg Kronenberger), 2007.
• Organization and Documentation – A Winning Combination, 2006 Louisiana Labor and Employment Seminar, LA Works Job Force Center, Lake Charles, 2006.
• Workplace Violence, Kean Miller Labor and Employment Law Seminar, White Oak Plantation, Baton Rouge, 2006.
• The Americans with Disability Act – A Blueprint for Today and Tomorrow, Labor & Employment Law Seminar “A View From the Top,” Baton Rouge, 2005.
• The Work at Respect Program, ICHRMA 12th Annual Conference, Lake Charles, 2005.
• USERRA and MSRA: Rights of Armed Services Members, ICHRMA General Membership, Lake Charles, 2005.
• Employment Law Basic for Small Employers and Recent Labor and Employment Law Changes, Working for You:  An Employer’s Seminar, LA Works/Calcasieu Workforce Center, The Chamber/SWLA, and McNeese Small Business Development Center, Lake Charles, 2005.
• Military Veterans & Reservists: Protection of Employment Rights and Benefits, presentation to ICHRMA (Imperial Calcasieu Human Resource Management Association) general membership, February 10, 2005.
• Employment Law Updates, McNeese Small Business Development Center, Louisiana Department of Labor, and The Chamber/Southwest Louisiana, Lake Charles, February 24, 2005.
• Employment of Minors:  Selected Things to Know and Recent Changes, Restaurant Association of Southwest Louisiana, Lake Charles, 2004
• Employment Law Basics for Small Employers, Small Business Conference and Expo, Lake Charles, 2004.
• Section 7 of the National Labor Relations Act, Baton Rouge Bar Journal, April 2004, with Michael C. Garrard and A. Edward Hardin.
• Labor & Employment Law Updates, VCC (Various Chemical Companies of Louisiana and Texas) Spring Conference, May, 2004.
• Update on Louisiana Child Labor Laws, presentation to the Southwest Louisiana Restaurant Association, June 14, 2004.
• Hiring and Firing Issues, presentation to the Southwest Louisiana Medical Managers Association, July 15, 2004.
• Employment Law Basics for Small Employers, presentation at Southwest Louisiana Chamber of Commerce sponsored Small Business Conference & Expo, September 15, 2004.
• Basics of Employment Law, ICHRMA Human Resources Generalist Conference, Lake Charles, 2003.
• Recent Developments in Employment Law – A Discussion of New Jurisprudence, Working for You:  An Employer’s Seminar, LA Works/Calcasieu Workforce Center, The Chamber/SWLA, and McNeese Small Business Development Center, Lake Charles, 2003.
• Joint Employment/Co-Employment, ICHRMA General Membership, Lake Charles, 2003.
• Sale of Undivided Timber Interest:  Louisiana’s “80/20” Law Ruled Constitutional, Forests & People Magazine, Vol. 53 No. 3, Third Quarter 2003.
• Employers Should Clearly Articulate Vacation Policy, Small Biz News, a publication of the Small Business Committee of The Chamber/Southwest Louisiana, February, 2003.
• Labor and Employment Law Update, VCC (Various Chemical Companies of Louisiana and Texas) Spring Conference, May 2003.
• Joint Employment/Co-Employment/Statutory Employment, Imperial Calcasieu Human Resource Managers Association, June 2003.
• Labor and Employment Law Updates, VCC (Various Chemical Companies of Louisiana and Texas) Fall Conference, October 2003.
• Labor and Employment Law Primer, HR Generalist Conference, ICHRMA (Imperial Calcasieu Human Resource Management Association), October 2003.
• Hot Topics in Labor & Employment Law, McNeese Small Business Development Center, Louisiana Department of Labor, The Chamber/Southwest Louisiana, Lake Charles, 2002.
• Employment Law Updates and Employee Handbooks, McNeese State University, Burton Business Center, 2002.
• Hot Topics in Labor & Employment Law, McNeese Small Business Development Center, Louisiana Department of Labor, The Chamber/Southwest Louisiana, Lake Charles, 2002.
• Employment Law Updates and Employee Handbooks, McNeese State University, Burton Business Center, 2002.
• Hot Topics in Labor & Employment Law, West Baton Rouge Chamber of Commerce, Nottaway Plantation, 2001.
• Labor Laws:  From Hiring to Firing, McNeese State University, Burton Business Center, 2000, 2001.
• Recent Developments in Employment Law, McNeese State University, Burton Business Center, October, 2001.

Authorships

• Sale of Undivided Timber Interest: Louisiana's "80/20" Law Ruled Constitutional, Forests & People Magazine, Vol. 53 No. 3, Third Quarter 2003.
• Why Giles Should Be Invited to the Party: The Weingarten Right in a Nonunion Setting, Louisiana Bar Journal, Volume 49, No. 3, October/November 2001.
• Feasibility of Small Mill Investments for Utilizing Small-Diameter Hardwood from Coal Lands in Southwestern Virginia, Forest Products Journal, Volume 34, Number 6, June 1984.