Newsletters
Business Notes, October 2009
Date: 10/2009 Declaratory Judgment Action Still Requires Case or Controversy
Business Notes, August 2009
Date: 08/2009 Guidelines for Promoting Your Business Through Social Networking Websites
Labor and Employment Notes, August 2009
Date: 08/2009 Holiday Season in July?
Business Notes, June 2009
Date: 06/2009 1.) Insurance and Hurricanes; 2.) The Continuing Importance of Patent Infringement Opinions
Environmental Notes, June 2009
Date: 06/2009 1.) Louisiana's Coming Antidegradation Policy Implementation Procedures
Environmental Notes, May 2009
Date: 05/2009 1.) Petition for Rehearing Filed on D.C. Circuit Decision; 2.) EPA Issues Proposed Reporting Rule for Greenhouse Gas Emissions
Business Notes, March 2009
Date: 03/2009 Great Ideas by Employees - Who Owns Them?
Labor and Employment Notes, March 2009
Date: 03/2009 1.) Prevailing Plaintiff in Title VII Retaliatory Discharge Case Awarded Significant Compensatory Damages and Attorney's Fees; 2.) Family Medical Leave Act Regulations become Effective
Labor and Employment Notes, February 2009
Date: 02/2009 The Lilly Ledbetter Fair Pay Act Revives Pay Discrimination Claims
Business Notes, November 2008
Date: 11/2008 Legislature Updates Louisiana Unincorporated Association Law
Labor and Employment Notes, November 2008
Date: 11/2008 New "ADA Amendments Act" Becomes Effective in 2009
Health Law Notes, November 2008
Date: 11/2008 1.) Federal Court of Appeals Absolves Louisiana Hospital of Liability in Failure to Report Physician Impairment While on the Medical Staff; 2.) Dispensing Physicians Prohibited from Dispensing Controlled Substances
Environmental Notes, September 2008
Date: 09/2008 Ninth Circuit Vacates EPA Final Rule Providing for NPDES Permitting Exemptions for Oil and Gas Facilities
Business Notes, September 2008
Date: 09/2008 Louisiana Property Tax Assessment Review Procedures Arcane
Health Law Notes, September 2008
Date: 09/2008 Fifth Circuit Reverses $33 Million Judgment Against Physicians and Hospital Arising from Peer Review Actions
Business Notes, July 2008
Date: 07/2008 1.) Stopping Internet Copyright Infringement Short of Filing Suit; 2.) Using and Modifying Industry Form Construction Contracts
Environmental Notes, July 2008
Date: 07/2008 Are You an Executive Branch Lobbyist?
Labor and Employment Notes, July 2008
Date: 07/2008 1.) Is Gun Ownership the New Protected Class in Louisiana?; 2.) Negligent Hiring
Health Law Notes, July 2008
Date: 07/2008 1.) Louisiana Supreme Court's Rehearing of Borel v. Young; 2.) OIG Opines Favorably on Electronic Kiosks Provided by Pharmaceutical Manufacturer
Health Law Notes, June 2008
Date: 06/2008 Louisiana Decision on Sale of Minority L.L.P. Interest Absent Liquidation has Health Care Provider Implications
Labor and Employment Notes, May 2008
Date: 05/2008 Refusal to Hire Impaired Worker not Disability Bias under ADA
Health Law Notes, April 2008
Date: 04/2008 Supreme Court to Rehear Borel v. Young
Labor and Employment Notes, April 2008
Date: 04/2008 "Me Too" or Not To: That is the Question Still
Business Notes, March 2008
Date: 03/2008 IRS Issues Notice Explaining GO Zone Recapture Rules for Like Kind Exchange of GO Zone Property
Environmental Notes, March 2008
Date: 03/2008 Louisiana Air Toxics Regulations Revised by the Louisiana Department of Environmental Quality (LDEQ)
Labor & Employment Notes, March 2008
Date: 03/2008 Family Medical Leave Act Amended As Part of National Defense Authorization Act
Health Law Notes, February 2008
Date: 02/2008 Physician Must Comply with Terms of Non-Competition Agreement
Labor and Employment Notes, February 2008
Date: 02/2008 Fifth Circuit Issues First Opinion Regarding a Sarbanes-Oxley Whistleblower Complaint
Business Notes, May 2007
Date: 05/2007 Due diligence for patents and copyrights presents ownership issues if the author/inventor is or was married and resides in a community property state.
Labor and Employment Notes, May 2007
Date: 05/2007 “Temporal Proximity” Alone Insufficient To Prove Retaliatory Discharge Claim
Business Notes, March 2007
Date: 03/2007 1.) Non-profits should proceed with caution when engaging in money making operations; 2.) Exclusive and Prohibited Use Clauses in Commercial Leases
Labor and Employment Notes, March 2007
Date: 03/2007 Is a change in the National Labor Relations Act on the horizon?
Environmental Notes, February 2007
Date: 02/2007 Untapped Benefits of Louisiana's Pollution Tax Exclusion; Louisiana Department of Environmental Quality Launches the MAML
Labor and Employment Notes, February 2007
Date: 02/2007 Protecting Your Employees' Personal Identifying Information; Why be a "Statutory Employer" in Louisiana?
Health Law Notes, February 2007
Date: 02/2007 DeficitReduction Act Requirements; Supreme Court Vacates 3rd Circuit Decision;State Board of Nursing Improperly Releases "Rule"
Health Law Notes, June 2006
Date: 06/2006 1.) Inspector General Releases Open Letter; 2.) Legislation Pending to Establish a Prescription Monitoring Program in Louisiana
Health Law Notes, May 2006
Date: 04/2006 1.) LMMA Does Not Apply to EMTALA; 2.) Louisiana Legislature ConsidersState Stark Law; 3.) Deficit Reduction Act of 2005 Imposes...
Labor and Employment Notes, April 2006
Date: 04/2006 1.)5th Circuit Recognizes that an Employer's Placement of an Employee onLeave can Result in "Involuntary" FMLA Leave IF... 2.) Is It"Jurisdictio
Environmental Notes, April 2006
Date: 04/2006 1.) Landowner not Liable Under OPA 90 for Abandoned Oilfield Equipment
Labor and Employment Notes, March 2006
Date: 03/2006 1.) These Boots are Made for Walkin'...; 2.) Do you Face a Challenge of our Modern Era?
Labor and Employment Notes, February 2006
Date: 02/2006 1.) Dealing with Disability Claims; 2.) Louisiana Strenghtens Employment-at-Will Doctrine.
Business Notes, February 2006
Date: 02/2006 1.) Maintenance and Protection of Your Trademarks; 2.) Efforts to Maintain Secrecy to be Scrutinized in regard to Trade Secrets.
Health Law Notes, Winter 2006
Date: 02/2006 1.)The "Say You're Sorry" Movement; 2.) National Database for MedicalErrors; 3.) HIPAA Privacy in Emergencies; 4.) Is the $500K "Cap"Adequate Remed
Business Notes, December 2005
Date: 12/2005 1.) IP Disputes -- When the Cooperation Ends; 2.) Geographic Scope of the Non-Compete Statute in Louisiana.
Labor and Employment Notes, December 2005
Date: 12/2005 1.)E-mail arbitration notice insufficient to bar ADA suit; 2.) Does theNRLA apply when employees are not represented by a union?
Environmental Notes, November 2005
Date: 11/2005 1.)Writ applications have been filed with the La. Supreme Court inoilfield cases that may impact the scope of legacy lawsuits pending inthe state;
Business Notes, September 2005
Date: 09/2005 HurricaneKatrina will have enormous impact on policyholders and their insurersin Louisiana, Mississippi, and Alabama. Policyholders will need to ac
Labor and Employment Notes, September 2005
Date: 09/2005 Manyclients, friends and neighbors are now faced with serious andunanticipated storm-related decisions regarding theinterruption/closure of busines
Labor & Employment Notes, July 2005
Date: 08/2005 1.) EEOC launches national initiative designed to educate young employees; 2.) School and Day Care Conference Leave
Health Law Notes, Summer 2005
Date: 08/2005 1.) CMS comments on radiology service agreements; 2.) Pharmaceutical Market Access Act of 2005; 3.) Specialty Hospital Update
Environmental Notes, August 2005
Date: 08/2005 Top ten procedures and preparations for emergency response planning and implementation.
Business Notes, August 2005
Date: 08/2005 New insurance endorsements will reduce coverage
Labor & Employment Notes, May 2005
Date: 05/2005 1.)Constructive Discharge may be considered "Tangible Employment Action"in Supervisor Harassment Cases; 2.) Recognizing a Duty to PreventWorkplace
Business Notes, May 2005
Date: 05/2005 1.) Louisiana Legislature Begins Tax Session; 2.) Arbitration Agreements - Are they Binding in Louisiana?
Labor & Employment Notes, April 2005
Date: 04/2005 1.) Federal District Court Enjoins EEOC Rule on Retiree Health Benefits; 2.) Disparate Impact Claims Available Under the ADEA.
Business Notes, April 2005
Date: 04/2005 1.) New Homestead Act Exemption may be a Trap for the Unwary; 2.) Tenant Improvements - Who Owns Them?
Environmental Notes, April 2005
Date: 04/2005 Ina NORM case, the Louisiana Fourth Circuit recently upheld a lowercourt's award of compensatory damages - and reduced the lower court'spunitive da
Business Notes, March 2005
Date: 03/2005 1.) National ad campaign raises Lanham Act issues; 2.) Understanding the Limits of Trade Secrets and Confidentiality Agreements.
Labor & Employment Notes, March 2005
Date: 03/2005 1.) Recent Changes to Louisiana Law on Employment of Minors; 2.) Employment Discrimination Charges Decrease nationally.
Health Law Notes, February 2005
Date: 02/2005 1.)No private right of action under HIPAA; 2.) OIG reviews joint venture;3.) Bond for Medical Review Panel costs required when med mal lawsuitif fi
Labor & Employment Notes, February 2005
Date: 02/2005 1.)Court of Appeals decision shows how lack of "sufficient clarity" inemployment decisions can negatively impact employers; 2.) UnlawfulEmployment
Environmental Notes, February 2005
Date: 02/2005 EPA Reconsiders Fee and Anti-backsliding Provisions in Ozone National Ambient Air Quality Standards (NAAQS).
Business Notes, February 2005
Date: 02/2005 After 20 years of fighting tenant-favorable bankruptcy decisions on lease assignments, landlords have won a major victory.
Business Notes, January 2005
Date: 01/2005 1.)Obtaining International Trademark Protection; 2.) Mr. Mirliton's - ARecipe for a Dangerous Mix of Trademarks and Copyrights.
Labor & Employment Notes, January 2005
Date: 01/2005 1.) Employee Titles - What's in a Name?; 2.) Remind Managers to Properly Respond to Internal Complaints.
Business Notes, December 2004
Date: 12/2004 OnOctober 22, 2004, President Bush signed into law the American JobsCreation Act of 2004. This tax law will impact most taxpayers.
Environmental Notes, December 2004
Date: 12/2004 Management of spills under the Site Remediation MACT.
Labor & Employment Notes, December 2004
Date: 12/2004 1.) Jury Verdict for Retaliatory Reference Upheld; 2.) "Reverse Discrimination" Claims
Business Notes, November 2004
Date: 11/2004 1.) Inventors: Have you jeopardized your patent rights?; 2.) When is a bankruptcy auction final?
Labor & Employment Notes, November 2004
Date: 11/2004 1.)Employers Urged to Maintain Records of Deleted Data; 2.) Department ofLabor issues new regulations on minimum wage and overtime requirementsof t
Labor & Employment Notes, October 2004
Date: 10/2004 1.)Medical information must be confidential under the ADA; 2.) Fair CreditReporting Act applies to workplace investigations concerning harassment.
Business Notes, October 2004
Date: 10/2004 1.) Click Wrap Agreements and E-Commerce; 2.) Don't get lost in the E-Commerce world.
Environmental Notes, October 2004
Date: 10/2004 1.) Final Boiler/Heater MACT Issued by EPA; 2.) Wetlands Loss Damages to Property.
Labor & Employment Notes, September 2004
Date: 09/2004 1.) New Guidance Regarding Epilepsy and the ADA; 2.) Louisiana's New Payday Statute.
Business Notes, September 2004
Date: 09/2004 1.)The Single Business Enterprise Theory and Contractual Interpretation;2.) Understanding a Lease Obligation to Restore to "Original Condition".
Healthcare Notes, August 2004
Date: 08/2004 1.)OIG fraud and abuse actions against health care providers on the rise;2.) Medical Review Panels changed; 3.) OIG issues advisory opinion.
Labor & Employment Notes, August 2004
Date: 08/2004 1.) Non-Union Employee Rights Change Again; 2.) Title VII prohibits discrimination on the basis of religion.
Environmental Notes, August 2004
Date: 08/2004 1.)Court Awards Contractual Indemnity Against Federal Government forCERCLA Clean up; 2.) 2004 Louisiana Environmental Legislative Summary.
Business Notes, August 2004
Date: 08/2004 1.) IRS Issues Grantor Trust Ruling; 2.) Excercise care when determining whether insurance meets contract requirements.
Healthcare Notes, July 2004
Date: 07/2004 1.)Three year prescription period for medical malpractice claims declaredunconstitutional; 2.) Court of Appeal discusses self-insured physicians.
Labor & Employment Notes, July 2004
Date: 07/2004 1.)NLRB settlementannounces $10M in backpay, severance, and otherbenefits; 2.) 5th Circuit "Mixed Motive" Analysis and the ADEA.
Business Notes, July 2004
Date: 07/2004 1.)Telephone Competition - Will Consumers Continue to Benefit?; 2.)Understanding and Avoiding Reconducted "Month-to-Month" Leases
Environmental Notes, June 2004
Date: 06/2004 1.)Conflicts in the Permitting of Industrial Sanitary Treatment Units; 2.)Update on the 8-hour Standard for Ground-level Ozone.
Labor & Employment Notes, June 2004
Date: 06/2004 1.)US Supreme Court changes prescriptive period for race discriminationclaims from 1 to 4 years; 2.) Proposed EEOC rule on health benefitsmoves for
Business Notes, June 2004
Date: 06/2004 1.) Don't pay your Louisina taxes? Lose your license!; 2.) Instant Messaging in the Workplace - Good for Business?
Healthcare Notes, June 2004
Date: 06/2004 1.)OIG issues draft supplemental compliance program guidance forhospitals; 2.) Transfer of a patient covered under the MedicalMalpractice Act.
Business Notes, May 2004
Date: 05/2004 TheLouisiana legislature enacted La. Acts 2004, No. 10 making the salestax exemption for interstate trucks and buses permanent.
Labor & Employment Notes, May 2004
Date: 05/2004 1.) Retaliation by Employers - EEOC Update; 2.) Valuable Evidence for Affirmative Defense to Employer Liability for Harassment
Healthcare Notes, May 2004
Date: 05/2004 A recent La. Supreme Court decision should not impact limitation on liability in medical malpractice cases.
National Labor Relations Act - Section 7
Date: 04/2004 Many assume that the NLRA cannot apply if their employees are not represented by a union. This is, however, incorrect.
Healthcare Notes, April 2004
Date: 04/2004 1.)Are a patient's directives against resuscitative measures covered underthe Louisiana Medical Malpractice Act?; 2.) E&Y responds to FalseClaims A
Business Notes, April 2004
Date: 04/2004 1.) Fiduciary duty of corporate directors of Louisiana corporations; 2.) Enforceability of purchase of stock on credit.
Labor & Employment Notes, April 2004
Date: 04/2004 1.)NLRA can apply even if employees are not represented by a union; 2.)Employers can be sued for sexual harassment by non-employees
Environmental Notes, April 2004
Date: 04/2004 1.)Louisiana administrative law system ruled unconstitutional; 2.) IRSRules that manufacturing-related remediation costs must be capitalized.
Business Notes, March 2004
Date: 03/2004 1.)Non-compete agreements and SWAT 24; 2.) Exit strategies and contingencyplanning are important when forming a new business entity
Healthcare Notes, March 2004
Date: 03/2004 Legal issues related to the importation of medications from Canada.
Labor & Employment Notes, March 2004
Date: 03/2004 1.)Employers should pay careful attention when served with garnishmentpapers; 2.) ADA does not apply to foreign-flagged cruise ships
Healthcare Notes, February 2004
Date: 02/2004 Federalgovernment sues Ernst & Young under False Claims Act alleging thatE&Y advice "caused" nine hospitals to submit 200,000 "false" claims.
Business Notes, February 2004
Date: 02/2004 1.) Health Savings Accounts and the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
Labor & Employment Notes, February 2004
Date: 02/2004 1.)EEOC settles two discrimination cases involving sexual harassment ofteenage employees; 2.) No union, no NLRA problem, right? Wrong!
Environmental Notes, February 2004
Date: 02/2004 1.) Upsurge in citizen suits; 2.) Trends in Louisiana oil field pollution cases (Corbello, Grefer, Castex).
Labor & Employment Notes, January 2004
Date: 02/2004 1.)Are shareholders "employees" under federal employment statutes?;2.)Compensation of employees for time spent in training programs?
Healthcare Notes, January 2004
Date: 01/2004 1.)OIG issues advisory opinion on reuniting hospital and physician group;2.) Court determines that agency nurse was employee of agency andhospital.
Business Notes, January 2004
Date: 01/2004 1. Enforcement of Arbitration Agreements2. Changes to the New Home Warranty Act3. On-line copyright infringement issues
- Admiralty and Maritime
- Air, Water and Waste Permitting
- Antitrust
- Appeals
- Arbitration and Mediation
- Associations and Organizations
- Banking and Finance
- Bankruptcy and Business Reorganization
- Bond Transactions
- Business and Corporate
- Casualty Litigation
- Class Action Litigation
- Commercial and Industrial Real Estate
- Commercial Litigation
- Construction
- Consumer Credit Litigation
- Contested Environmental Permits
- Environmental Law
- Environmental Litigation
- Estate Planning, Wills, Trusts and Successions
- Executive Compensation
- Expropriation, Land Use and Wetlands Loss
- Federal Environmental Liability
- Governmental and Legislative Affairs
- Health Law
- Hearing Loss Defense
- Insurance Coverage and Litigation
- Intellectual Property
- Labor and Employment Law
- Legacy Oil Field Sites
- Medical Malpractice Defense
- Mergers & Acquisitions
- Mold Litigation
- Municipal Law & Civil Rights Defense
- Occupational Exposure and Toxic Tort Litigation
- Oil, Gas and Pipelines
- Pharmaceutical and Medical Device Litigation
- Pipeline Rupture Litigation
- Products Liability
- Professional Liability
- Retail Litigation / Slip and Fall
- State and Local Taxation
- Superfund
- Toxic Tort Litigation
- Underground Storage Tanks (USTs)
- Utilities Regulation
- Water Enforcement / Clean Water Act
- White Collar Criminal Defense
- Workers Compensation Defense