Local Law Blogs

You Can't Patent My DNA: A brief on Association for Molecular Pathology v. Myriad Genetics, Inc.

Posted on June 17, 2013
By R. Devin Ricci and Pamela A. Baxter  The question as to whether isolated strands of human DNA are patent eligible subject matter has finally been answered. The Supreme Court handed down its opinion in Association for Molecular Pathology v. Myriad Genetics, Inc (1), on Thursday, June 13, 2013...

Kean Miller Connection Accepting Applications for July 11-12 Program

Posted on June 13, 2013
The Kean Miller Connection is a free, two-day law school preparatory program for college students from groups that are traditionally underrepresented in the legal profession.  Attorneys from Kean Miller  along with other legal instructors, provide an intense overview of the law school experience...

If a Contract Includes a Mandatory Arbitration Clause, the Parties Should be Aware that Injunctive Relief from the Courts can be Available Without the Necessity of Satisfying the Traditional Four-Element Test

Posted on June 13, 2013
by Sean T. McLaughlin Traditionally, a party seeking injunctive relief from the courts bears the burden of proving four elements: (1) a substantial likelihood of success on the merits of their claims; (2) a substantial threat that failure to grant the injunction will result in irreparable injury; (3) the threatened injury outweighs any damage that the injunction will cause to the adverse party; and (4) the injunction will not have an adverse effect on the public interest...

The "Joint Defense" Privilege

Posted on June 06, 2013
By Amanda M. Collura The attorney-client privilege ranks among the oldest and most established evidentiary privileges known to our law. This privilege allows clients to communicate freely with legal counsel without worry of disclosure through discovery or at trial...

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Settlement Conferences: When to Schedule

Posted on June 05, 2013
New Orleans partner Michael A. McGlone recently published an article in The Federal Lawyer. Mr. McGlone''s article, Settlement Conferences: When to Schedule, appeared in the May 2013 edition.  Mr. McGlone serves on the Editorial Board of The Federal Lawyer...

Thorny Roses: Interns and Potential Wage Liability

Posted on June 04, 2013
By Michael J. deBarros PBS talk show host, Charlie Rose, and his production company recently agreed to pay as much as $250,000 to settle a class-action lawsuit brought by a former unpaid intern who claimed minimum-wage violations under New York State labor laws...

Vine: An Employer's Latest Foe in the Battle Over Employee Social Media

Posted on May 31, 2013
by Erin L. Kilgore In the ever-evolving social media landscape, employers now have a new area of concern: Vine, a video-sharing app introduced by Twitter.  On May 21, 2013, the American Bar Association Journal published an article alerting employers to this new outlet for employee expression and the potential issues employers are facing as a result...

Vessel Status of Floating Production Facilities After Lozeman v. Riviera Beach

Posted on May 31, 2013
by R. Lee Vail Floating oil and gas production facilities, such as the Single Point Anchor Reservoir ('SPAR'), are designed to operate in deep water environments where construction of a traditional fixed platform is not feasible. Unlike a fixed platform, floating production facilities are constructed on a floating hull...

U.S. 5th Circuit Holds that OCSLA Removal is Proper in Maritime Cases

Posted on May 28, 2013
by Tod J. Everage Recently the U.S. Fifth Circuit rendered an opinion in Barker v. Hercules Offshore, Inc., et al., 713 F.3d 208 (5th Cir. 2013), that touched on several areas of substantive and procedural aspects of marine litigation that all maritime lawyers should be aware of...

CLS Bank: Software Patents at Risk?

Posted on May 14, 2013
By Lee Vail On May 10, 2013, the Federal Circuit, sitting en banc, handed down its opinion in CLS Bank Int'l v. Alice Corp., No. 2011-1301, slip op. (Fed. Cir. May 10, 2013). The majority of the Federal Circuit judges agreed on little other than that the method and computer-readable medium claims involved in the dispute were patent ineligible...

On the Horizon, Revisions to the Louisiana Private Works Act: "The More Things Change, the More they Stay the Same"

Posted on May 14, 2013
By David K. Nelson All persons associated with non-public construction projects in Louisiana are affected by, and should be familiar with, the Louisiana Private Works Act. La. R.S. 9:4801, et. seq. ('PWA').  The two fundamental policies behind the implementation of the PWA summarized are: To protect those who contribute to the improvement of immovable property by ensuring that the owner does not benefit from their labor without compensating them; and To incentivize the owner to take reasonable steps to ensure that contractors and suppliers are paid...

Proposed Amendments to OIG Safe Harbor and Stark Physician Self-Referral Exception for Electronic Health Records

Posted on April 10, 2013
By Deborah J. Juneau Those health care providers and suppliers who are contemplating accepting donations of electronic health records software and training services should be aware of proposed amendments to the regulations that might protect such arrangements under the anti-kickback statute and the Stark physician self-referral law...

Louisiana's Unique Retainage Escrow Requirements for Construction Contracts

Posted on April 05, 2013
By G. Trippe Hawthorne Background of Louisiana Revised Statute 9:4815 Louisiana has a unique statute in its Private Works Act which requires owners to deposit retainage funds in an interest bearing escrow account for construction contracts over $50,000...

USCIS Updates Form I-9 for Employment Eligibility Verification

Posted on March 24, 2013
By Zoe W. Vermeulen The U.S. Citizenship and Immigration Services ('USCIS') released a revised Employment Eligibility Verification form, Form I-9, on March 8, 2013. The revised form contains formatting changes, the inclusion of additional data fields for employee email addresses and telephone numbers, and improved instructions...

In Through the Out Door: Preparing for Your Business Exit Opportunity

Posted on March 20, 2013
On April 11, Kean Miller's Merger & Acquisition team will present a business briefing In Through the Out Door:  Preparing for Your Business Exit Opportunity.  The program will be held from 3:30 - 6:00 PM at the Baton Rouge office of Kean Miller LLP (II City Plaza, 400 Convention Street, 7th Floor, 70802)...

"Artificially Impaired" Creditors Can Vote on Chapter 11 Plans in the Fifth Circuit

Posted on March 12, 2013
By J. Eric Lockridge and Benjamin M. Anderson The U.S. Fifth Circuit Court of Appeals dealt a blow to secured creditors in a recent opinion affirming a successful 'cramdown' reorganization plan in a commercial real estate ('CRE') case. See In re Village at Camp Bowie I, L...

What's in a Name? Classifying Someone as an "Employee" or an "Independent Contractor" Can Have Significant Effects

Posted on February 28, 2013
By A. Edward Hardin, Jr. 'What is in a name? That which we call a rose. By any other name would smell as sweet . . .' -William Shakespeare, Romeo and Juliet Roses aside, classifying someone as an 'employee' or an 'independent contractor' (or rather misclassifying them) can have significant effects...

A New Definition to "Religious Employer" under the Affordable Care Act

Posted on February 20, 2013
By Jennifer J. Thomas On January 30, 2013, the U.S. Department of the Treasury, the Department of Labor, and the Department of Health and Human Services (the 'Departments') issued proposed regulations to amend to exempt group health plans established or maintained by certain 'religious employers' with respect to the Affordable Care Act ("ACA") requirement to cover contraceptive services...

Not Every Boat is a Vessel: Lozman v. City of Riviera Beach

Posted on February 19, 2013
By Stephen C. Hanemann Practically speaking, a houseboat is still a vessel. But the same is not true for every floating house. And just when we thought that the highest tribunal in the land had a fast hold on its commitment to expanding the definition of a vessel, the Supreme Court issues a holding that not only creates confusion by curtailing its existing definition, but also indicates a new method for determining if a floating structure is, in fact, a vessel...

EEOC Seeks Public Input On Quality Control Plan

Posted on February 18, 2013
By Zoe Vermeulen The U.S. Equal Employment Opportunity Commission ('EEOC') is seeking public input into a Quality Control Plan it is developing as part of its Strategic Plan for the fiscal years 2012-2016. The Strategic Plan provides the framework by which the EEOC accomplishes its mission to stop and remedy unlawful employment discrimination...

OSHA Seeks Public Comment On Proposed Online Whistleblower Complaint Form

Posted on February 15, 2013
By Scott D. Huffstetler The Occupational Safety and Health Administration (OSHA) is seeking public comments regarding a proposal for a new online whistleblower complaint form. The form, which would allow whistleblowers to electronically submit whistleblower complaints directly to OSHA, is part of OSHA's proposal to revise the information collection requirements for handling retaliation complaints filed with OSHA under various whistleblower protection statutes...

Law Firm's Cost Advances for Contingency Fee Cases Treated as Loans and not Current Deductions

Posted on February 14, 2013
By Kevin C. Curry In a recent Tax Court case, a law firm was denied a current deduction for litigation expenses advanced on behalf of its contingent fee clients. The Tax Court held that the expenses were in nature of loans, and not ordinary and necessary business expenses that could be deducted when paid (advanced), even if there was low likelihood of reimbursement...

DOL Rolls Out Revised FMLA Regulations

Posted on February 13, 2013
By A. Edward Hardin, Jr.  February 5, 2013, the U.S. Department of Labor issued its final rule rolling out new amendments to the FMLA regulations that correspond with military related leaves of absence.  The FMLA was amended in 2008 and 2010 to provide leave rights for military families...

NLRB Recess Appointments Held Unconstitutional

Posted on January 25, 2013
By A. Edward Hardin, Jr. and Erin L. Kilgore In a unanimous 3-0 decision, on January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit Court held that President Obama's three recess appointments to the National Labor Relations Board exceeded his Constitutional authority...

The Employer Mandate Health Care Reform: A Decision Point For Smaller Companies

Posted on January 08, 2013
By Andrew H. Goodman and Jennifer J. Thomas In 2013, business owners with 50 or more full-time employees are expected to be finalizing their plans in response to the employer mandate health care reform, which becomes effective in 2014. Among the choices for business owners will be complying with the employer mandate or planning to pay the penalties for opting out, or executing plans to avoid the employer mandate by trimming their workforce or selling all or a portion of their business before 2014...

HHS Launches Website to Provide Guidance on Mobile Device Privacy and Security

Posted on January 03, 2013
By Lyn S. Savoie On December 12, 2012, the U.S. Department of Health Human Services (HHS) launched a new website focused on the use of mobile devices in relation to health information privacy and security.  The website is entitled Mobile Devices: Know the RISKS...

Recent Developments in Medicare Set Aside

Posted on November 30, 2012
By Michael J. O'Brien The question of whether a Medicare Set Aside (MSA) is required in a Jones Act and/or personal injury case continues to be without a definitive answer. However, in Sippler v. Trans Am Trucking, Inc., 10-CV-03550, the United States District Court for the District of New Jersey ruled in an unpublished opinion that a MSA is not necessary in a personal injury matter...

Does the Deep Water Royalty Relief Act Affect the Calculation of Overriding Royalties? The U.S. Fifth Circuit May Decide This Issue Soon

Posted on November 26, 2012
By Sean T. McLaughlin The overriding royalty interest (commonly known as 'ORRI') is prevalent in the oil and gas industry. A party who obtains an ORRI in a lease will receive a set percentage of the production that is obtained from the lease. The lease between the landowner and the lessee usually reserves an ORRI to the landowner as compensation for granting the lease, and the lease also specifically describes how that ORRI will be calculated...

OIG Report on Personal Care Services: Trends, Vulnerabilities, and Recommendations for Improvement

Posted on November 16, 2012
By Deborah J. Juneau Medicaid costs for Personal Care Services ('PCS'), designed to allow Medicaid beneficiaries to remain in their homes rather than being institutionalized, totaled approximately $12.7 billion in 2011, representing a 35% increase in spending since 2005...

Fifth Circuit Clarifies and Reiterates its Standard for "Course and Scope of Employment" Under Jones Act

Posted on November 15, 2012
By Tod J. Everage The U.S. Fifth Circuit recently issued its ruling in Beech v. Hercules Drilling Co., No. 11-30415, 2012 WL 3324283 (5th Cir. Aug. 14, 2012), clarifying its standard for finding an employer vicariously liable for the actions of its employees under the Jones Act...

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