Local Law Blogs

What does the Transfer of Chinese Drywall Cases by the United States Judicial Panel on Multidistrict Litigation Mean?

Posted on June 23, 2009
Throughout 2004–2007 a housing boom along with a series of hurricanes in the Gulf of Mexico combined to create a shortage of drywall in the United States.  Needing drywall to build the homes that were much in demand, suppliers turned abroad...

Louisiana Legislature directs DHH, the Department of Insurance, and the Louisiana State Licensing Board for Contractors to Study the Effects of "defective Chinese Drywall"

Posted on June 19, 2009
By G. Trippe Hawthorne The Louisiana Legislature has adopted House Concurrent Resolution No. 185, authored by Representative Tim Burns.  The resolution urges and requests that the Department of Health and Hospitals and the Deptartment of Insurance, in consultation with the Louisiana State Licensing Board for Contractors, investigate the health risks associated with living in homes that contain drywall imported from China, study the potential homeowners insurance coverage issues, including triggers, endorsements, and exclusions to policies that are related to drywall imported from China, and determine whether such material should be identified as a substandard, unsafe building material...

Winds of Change on the Outer Continental Shelf

Posted on June 16, 2009
By Larry J. Hand, Jr. According to a 2006 report of the Department of Interior, the Outer Continental Shelf ('OCS') of the United States has the potential to generate 900,000 megawatts of power, which is roughly equal to the total installed electrical capacity in the United States...

Family Medical Leave Act Regulations Become Effective

Posted on June 15, 2009
By Theresa Hagen The final revised FMLA regulations issued by the DOL on November 17, 2008 became effective January 16, 2009. The regulations address the FMLA military family leave entitlements and also include other, significant changes to prior regulations...

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Quick Action by Registered Trademark Owners May Prevent Future Facebook Problems

Posted on June 12, 2009
Beginning at 12:01 a.m. (Eastern Standard Time), on Saturday, June 13, 2009, members of the social networking website, Facebook, will be able to claim usernames to associate with their Facebook accounts and Facebook pages. This will allow Facebook pages to be accessed by using a url such as, http://www...

Insurance and Hurricanes

Posted on June 11, 2009
By Mark D. Mese June marks the beginning of Hurricane Season and should serve as a reminder to review your personal and business property insurance coverage. The effect of recent Hurricanes on the Gulf Coast generally and Louisiana specifically have been significant with respect to both damages and the insurance covering those damages...

EPA Issues Proposed Reporting Rule for Greenhouse Gas Emissions

Posted on June 09, 2009
By Laura Hart The EPA has proposed a rule that would require mandatory reporting of greenhouse gas (GHG) emissions from large sources in the United States.  The proposed rule was signed by the EPA Administrator on March 10, 2009 and published in the Federal Register on April 10, 2009 (74 Fed...

363 Sales of Assets in Bankruptcy - Chrysler and Beyond

Posted on June 02, 2009
By Eric Lockridge The judge overseeing Chrysler LLC's bankruptcy entered an order on June 1, 2009 approving Chrysler's motion seeking permission to sell substantially all of its assets to a new company.  The procedure by which this sale was accomplished, and by which a similar sale in the GM bankruptcy will likely be accomplished, is known in the bankruptcy and finance worlds as a '363 Sale,' after the relevant provision of the U...

Great Ideas by Employees - Who Owns Them?

Posted on May 29, 2009
By Russel O. Primeaux As we continue our shift to a more knowledge-based economy, frequently the greatest assets of a company reside in the creativity of its employees. This is especially true for service companies in which the services can be repeated for multiple customers (example: software)...

NEDA Files Petition for Rehearing on Controversial Decision (Sierra Club v. EPA)

Posted on May 28, 2009
by Kyle B. Beall On April 3, 2009, the National Environmental Development Association (NEDA) filed a petition for rehearing en banc on a controversial decision (Sierra Club v. EPA) by the D.C. Circuit Court of Appeals. In that case, decided December 19, 2008, the court vacated the Startup, Shutdown, Malfunction (SSM) rules contained within the NESHAP General Provisions, 40 C...

Patients and Electronic Communication: Permissible? Acceptable? Recommended?

Posted on May 14, 2009
By Vance A. Gibbs In this day and age, everyone communicates by e-mail, on a laptop, desktop, Blackberry or other electronic device. But what about communication between a physician and a patient?   Is this permissible? Acceptable under existing law and practice? Recommended? Permissible? Obviously, any form of communication between a physician and a patient is allowed...

Recent Case Illustrates Need for Advance Tax Planning When Selling a Business

Posted on April 22, 2009
By Kevin C. Curry A recent court case illustrates the need for having advance tax planning when selling a business. In the case of Muskat v. U.S., No. 08-1513, 103 AFTR 2d _____, the taxpayer was majority shareholder in a corporation. He and the other shareholders sold all of the stock in the corporation to a third party interested in buying the business...

Professional Liability Claims Against Louisiana Certified Public Accountants

Posted on April 08, 2009
By Charles S. McCowan, Jr. In 1997, the Louisiana Legislature adopted a claims review panel procedure involving 'claims' against certified public accountants and firms.  'Claims' as contemplated by the Act are broadly defined as: (1) "Claim" means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited to tort, fraud, breach of contract, or any other legal basis, arising out of any engagement to provide professional services, including but not limited to the following: (a) The providing of attest services as defined in R...

Louisiana Labor and Employment Law Seminar Scheduled for April 15

Posted on April 07, 2009
The annual Kean Miller Labor and Employment Seminar is scheduled for Wednesday, April 15th at the White Oak Conference Center in Baton Rouge.  Topics will include: The Imperfect Storm:  The ADA Amendments Act, effective January 1, 2009, may result in some stormy challenges for employers...

Businesses Seeking Bankruptcy Protection at Highest Level in Two Years

Posted on April 06, 2009
By Eric Lockridge The number of businesses seeking bankruptcy protection hit its highest level in more than two years in March, as the recession sends more companies into financial crisis, according to a story today in the Dow Jones Daily Bankruptcy Review...

USCIS Adopts New Version of I-9 Form

Posted on April 01, 2009
by A. Edward Hardin, Jr. After April 3, 2009, the U.S. Citizenship & Immigration Service ("USCIS") will require employers to complete a new version of the familiar I-9 form for all new employees. The USCIS delayed implementation of the new rule requiring the new I-9 until April 3...

"Zone of Insolvency" Claims Against Officers and Directors Still Alive (and Well?) Outside of Delaware

Posted on March 24, 2009
By J. Eric Lockridge In the current economy, corporate officers and directors face an increased risk of derivative suits and other litigation against them from frustrated shareholders and other stakeholders in a corporation. Should officers and directors also be concerned about claims brought against them by their company's creditors? The answer may depend on what state's law applies to the creditors' claims...

Law Change Could Hurt Owners of Tax Exempt Properties

Posted on March 23, 2009
by Christopher J. Dicharry Owners of exempt property may be hurt by a recent Louisiana law change. Historically, the owners of tax exempt property did not have to confirm that the exemption was being respected by the Assessor by checking the tax rolls during the public inspection period...

Duties and Responsibilities of the State Board of Certified Accountants of Louisiana

Posted on March 18, 2009
By Charles S. McCowan, Jr. The declared purpose of the Louisiana Accountancy Law, is to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status of private and public clients...

Oklahoma Gun Statute Upheld

Posted on March 17, 2009
by  A. Edward Hardin, Jr. In July of 2008, Gov. Jindal signed Senate Bill no. 51 into law. Senate Bill no. 51 has been dubbed the 'take-your-gun-to-work law.' The new statute took effect on August 15, 2008. The United States 10th Circuit Court of Appeals recently upheld a similar Oklahoma statute...

Preparing for a Tenant's Bankruptcy - the Landlord's Perspective

Posted on March 12, 2009
by J. Eric Lockridge In today's distressed retail market, the possibility of a tenant's bankruptcy is a top concern for managers and owners of retail centers. Owners of commercial office buildings in many parts of the country are becoming increasingly concerned about tenant bankruptcies, too...

Louisiana State Universal Service Fund - "The More Things Change, The More They Stay the Same" [1]

Posted on March 11, 2009
by Gordon D. Polozola The Louisiana Public Service Commission has issued a General Order, dated February 9, 2009, once again adopting a new basis for its state Universal Service Fund or 'state USF.' In short, the revised state USF effectively maintains the subsidies that have been provided to Louisiana's rural incumbent local exchange carriers or 'rural ILECs' under previous Commission mechanisms...

American Recovery and Reinvestment Act of 2009: New COBRA Rights and Obligations

Posted on March 11, 2009
By A. Edward Hardin, Jr. On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (the 'ARRA'), the comprehensive economic stimulus package. Among its other provisions, the ARRA includes an extension of the right to elect COBRA coverage, a reduction in COBRA premiums for eligible participants, and new notice obligations for employers...

Regulation and Liability of Accountants Pursuant to Louisiana Law

Posted on March 10, 2009
By Charles S. McCowan, Jr. This is the first of a three-part series related to Louisiana law and regulations pertaining to the accounting profession. This part focuses on the historical licensing and regulation of the profession by the State of Louisiana...

Federal Appeals Court Finds the Provision of Free Office Space, Supplies and Equipment to Anesthesia Group Does Not Meet an Exception to the Stark Law

Posted on March 06, 2009
by Clay J. Countryman A federal appeals court recently ruled that a lower district court erred in granting summary judgment to a hospital in a whistleblower action under the federal False Claims Act that was based on allegations that the hospital's arrangement with an anesthesia physician group violated the Stark Law and the Federal Anti-kickback Act...

A Taxpayer's Post-Closing Remorse Relating to Tax Allocations

Posted on March 04, 2009

Franchise or Distributorship Termination Under Louisiana Law

Posted on February 27, 2009

How Does Chapter 11 Affect My Business When a Customer, Competitor or Vendor Files for Bankruptcy?

Posted on February 18, 2009
By J. Eric Lockridge Chapter 11 bankruptcies are on the rise, and many expect that trend to continue. In the third quarter of 2008 there were 70% more Chapter 11 filings than in the third quarter of 2007, according to Automated Access to Court Electronic Records, a company that tracks bankruptcy statistics...

Local Governments Working on Comprehensive Ordinances for Haynesville Shale

Posted on February 17, 2009
by Gordon D. Polozola “Shreveport and Bossier City and Caddo and Bossier parishes have been working on a comprehensive set of ordinances to give local governments leverage in controlling drilling in the Haynesville Shale natural gas field,” reports the Shreveport Times...

Lilly Ledbetter Fair Pay Act Revives Pay Discrimination Claims

Posted on February 13, 2009
By Erin Kilgore On January 29, 2009, President Barack Obama signed into law the Lilly Ledbetter Fair Pay Act. The Act amends four federal laws by redefining the events that trigger the charge-filing and limitations periods for cases alleging discrimination in compensation...

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