The Employer Mandate Health Care Reform: A Decision Point for Smaller Companies
(1) On the Horizon, Revisions to the Louisiana Private Works Act: "The More Things Change, The More they Stay the Same"; (2) Louisiana's Unique Retainage Escrow Requirements for Construction Contracts
1. Fifth Circuit Clarifies and Reiterates its Standard for "Course and Scope of Employment" Under Jones Act 2. Does the Deep Water Royalty Relief Act Affect the Calculation of Overriding Royalties? The U.S. Fifth Circuit May Decide This Issue Soon 3. Recent Developments in Medicare Set Aside
NLRB Finds For Employer in First Facebook Firing Case
Pipelines Maximum Pressure Documentation Must be Traceable, Verifiable, and Complete
Whiskey vs. Tequila: Courts find Cuervo's Seal Infringes Maker's Mark Red Wax Seal Trademark
New NLRB Posting Requirement Back on Hold
(1) Guidelines for Promoting Your Business Through Social Networking Websites; (2) Non-profits: Opportunity to Finance Acquisition or Renovation of Property Using Qualified 501(c)(3) Bonds
(1) Final Targeted Populations Rule Released; (2) Advantages and Disadvantages of Arbitration
(1) There is No "Small Company" Excuse to the Duty to Preserve Emails or other Electronically Stored Information (ESI); (2) Louisiana's Business Judgment Rule Protects Corporate Officers From Being Second Guessed, Unlike California's Corporate Law
DHH Settles Class Action Suit Pertaining to Reduction of Service Hours for Medicaid LT-PCS Program
(1) Supreme Court to Decide Whether Longshore Coverage Moves Landward for Offshore Workers; (2) A Novel Way to Consider Medicare's Interest in Jones Act Settlement
Data Protection and Management
Louisiana DEQ is Eliminating Coverage Under General Permit for Territorial Seas Discharges of Produced Waters
Trademark Protection and the New .XXX Domain Name Launch
The Rogue Co-Owner: Cutting and Selling Timber from a Co-owned Tract (Originally Appeared in the September 2011 edition of Forests & People Magazine)
(1) Enforcement of New Home and Community - Based Service Provider Licensing Standards Begins October 1, 2011 (2) Health Care Reform - Petition Asks for Supreme Court Review of ACA Decision
(1) PHMSA Seeks Comments on Expansion of Gas Transmission Pipeline Regulations (2) Louisiana Affected by President Obama's Action on Ozone Standard Reconsideration
(1) Office of Conservation Issues Emergency Order Imposing Affirmative Obligations on Oilfield Sites, Facilities, Structures, Injection Wells and Pipelines throughout the State (2) EPA Clarifies Solid Waste Materials (3) EPA Extends the Greenhouse Gas Report Program's Reporting Deadline
Lenders and Developers need to understand how Louisiana's Private Works Act applies to their Projects
(1) Court Recharacterizes S Corporation Dividend to Shareholder-Employee as Wages (2) Louisiana Supreme Court Refuses to Review Net Operating Loss Decision
Application of Pesticides that may Impact Water of the State now Require LPDES Permit
(1) Settlement reached in the NLRB Facebook Case (2) Supreme Court holds Title VII Retaliation Claim available to Terminated Fiancé
Louisiana Supreme Court Holds Unfair Trade Practice Claims
Legislature Substantially Amends Louisiana Toxic Air Pollutant Requirements
(1) Piercing the Veil of an LLC - The Fourth Circuit Weighs In (2) Supreme Court Decides Long-Awaited Patent Case
New FLSA Break Time Requirements
Is Act 312 Applicable to my Operations?
Employment Non-Discrimination Act
Declaratory Judgment Action Still Requires Case or Controversy
Guidelines for Promoting Your Business Through Social Networking Websites
Holiday Season in July?
1.) Insurance and Hurricanes; 2.) The Continuing Importance of Patent Infringement Opinions
1.) Louisiana's Coming Antidegradation Policy Implementation Procedures
1.) Petition for Rehearing Filed on D.C. Circuit Decision; 2.) EPA Issues Proposed Reporting Rule for Greenhouse Gas Emissions
Great Ideas by Employees - Who Owns Them?
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
The Lilly Ledbetter Fair Pay Act Revives Pay Discrimination Claims
Chapter 11 Bankruptcies
Legislature Updates Louisiana Unincorporated Association Law
New "ADA Amendments Act" Becomes Effective in 2009
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
Ninth Circuit Vacates EPA Final Rule Providing for NPDES Permitting Exemptions for Oil and Gas Facilities
Louisiana Property Tax Assessment Review Procedures Arcane
Fifth Circuit Reverses $33 Million Judgment Against Physicians and Hospital Arising from Peer Review Actions
1.) Stopping Internet Copyright Infringement Short of Filing Suit; 2.) Using and Modifying Industry Form Construction Contracts
Are You an Executive Branch Lobbyist?
1.) Is Gun Ownership the New Protected Class in Louisiana?; 2.) Negligent Hiring
1.) Louisiana Supreme Court's Rehearing of Borel v. Young; 2.) OIG Opines Favorably on Electronic Kiosks Provided by Pharmaceutical Manufacturer
Louisiana Decision on Sale of Minority L.L.P. Interest Absent Liquidation has Health Care Provider Implications
Refusal to Hire Impaired Worker not Disability Bias under ADA
Supreme Court to Rehear Borel v. Young
"Me Too" or Not To: That is the Question Still
IRS Issues Notice Explaining GO Zone Recapture Rules for Like Kind Exchange of GO Zone Property
Louisiana Air Toxics Regulations Revised by the Louisiana Department of Environmental Quality (LDEQ)
Family Medical Leave Act Amended As Part of National Defense Authorization Act
Arbitration Not Applicable to Contract of Labor
Physician Must Comply with Terms of Non-Competition Agreement
Fifth Circuit Issues First Opinion Regarding a Sarbanes-Oxley Whistleblower Complaint
Revisions to Louisiana Solid Waste Regulations
Due diligence for patents and copyrights presents ownership issues if the author/inventor is or was married and resides in a community property state.
“Temporal Proximity” Alone Insufficient To Prove Retaliatory Discharge Claim
1.) Non-profits should proceed with caution when engaging in money making operations; 2.) Exclusive and Prohibited Use Clauses in Commercial Leases
Is a change in the National Labor Relations Act on the horizon?
Untapped Benefits of Louisiana's Pollution Tax Exclusion; Louisiana Department of Environmental Quality Launches the MAML
Protecting Your Employees' Personal Identifying Information; Why be a "Statutory Employer" in Louisiana?
President Bush Signs Trademark Revision Act of 2006
DeficitReduction Act Requirements; Supreme Court Vacates 3rd Circuit Decision;State Board of Nursing Improperly Releases "Rule"
1.) Inspector General Releases Open Letter; 2.) Legislation Pending to Establish a Prescription Monitoring Program in Louisiana
1.) LMMA Does Not Apply to EMTALA; 2.) Louisiana Legislature ConsidersState Stark Law; 3.) Deficit Reduction Act of 2005 Imposes...
1.)5th Circuit Recognizes that an Employer's Placement of an Employee onLeave can Result in "Involuntary" FMLA Leave IF... 2.) Is It"Jurisdictio
1.) Landowner not Liable Under OPA 90 for Abandoned Oilfield Equipment
1.) Patent Searching; 2.) GO Zone and Bonus Depreciation
1.) What does Go Zone mean to my Business?
1.) These Boots are Made for Walkin'...; 2.) Do you Face a Challenge of our Modern Era?
1.) Dealing with Disability Claims; 2.) Louisiana Strenghtens Employment-at-Will Doctrine.
1.) Maintenance and Protection of Your Trademarks; 2.) Efforts to Maintain Secrecy to be Scrutinized in regard to Trade Secrets.
1.)The "Say You're Sorry" Movement; 2.) National Database for MedicalErrors; 3.) HIPAA Privacy in Emergencies; 4.) Is the $500K "Cap"Adequate Remed
1.) IP Disputes -- When the Cooperation Ends; 2.) Geographic Scope of the Non-Compete Statute in Louisiana.
1.)E-mail arbitration notice insufficient to bar ADA suit; 2.) Does theNRLA apply when employees are not represented by a union?
1.)Writ applications have been filed with the La. Supreme Court inoilfield cases that may impact the scope of legacy lawsuits pending inthe state;
HurricaneKatrina will have enormous impact on policyholders and their insurersin Louisiana, Mississippi, and Alabama. Policyholders will need to ac
Manyclients, friends and neighbors are now faced with serious andunanticipated storm-related decisions regarding theinterruption/closure of busines
1.) EEOC launches national initiative designed to educate young employees; 2.) School and Day Care Conference Leave
1.) CMS comments on radiology service agreements; 2.) Pharmaceutical Market Access Act of 2005; 3.) Specialty Hospital Update
Top ten procedures and preparations for emergency response planning and implementation.
New insurance endorsements will reduce coverage
1.)Constructive Discharge may be considered "Tangible Employment Action"in Supervisor Harassment Cases; 2.) Recognizing a Duty to PreventWorkplace
1.) Louisiana Legislature Begins Tax Session; 2.) Arbitration Agreements - Are they Binding in Louisiana?
1.) Federal District Court Enjoins EEOC Rule on Retiree Health Benefits; 2.) Disparate Impact Claims Available Under the ADEA.
1.) New Homestead Act Exemption may be a Trap for the Unwary; 2.) Tenant Improvements - Who Owns Them?
Ina NORM case, the Louisiana Fourth Circuit recently upheld a lowercourt's award of compensatory damages - and reduced the lower court'spunitive da
1.) National ad campaign raises Lanham Act issues; 2.) Understanding the Limits of Trade Secrets and Confidentiality Agreements.
1.) Recent Changes to Louisiana Law on Employment of Minors; 2.) Employment Discrimination Charges Decrease nationally.
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
1.)Court of Appeals decision shows how lack of "sufficient clarity" inemployment decisions can negatively impact employers; 2.) UnlawfulEmployment
EPA Reconsiders Fee and Anti-backsliding Provisions in Ozone National Ambient Air Quality Standards (NAAQS).
After 20 years of fighting tenant-favorable bankruptcy decisions on lease assignments, landlords have won a major victory.
1.)Obtaining International Trademark Protection; 2.) Mr. Mirliton's - ARecipe for a Dangerous Mix of Trademarks and Copyrights.
1.) Employee Titles - What's in a Name?; 2.) Remind Managers to Properly Respond to Internal Complaints.
OnOctober 22, 2004, President Bush signed into law the American JobsCreation Act of 2004. This tax law will impact most taxpayers.
Management of spills under the Site Remediation MACT.
1.) Jury Verdict for Retaliatory Reference Upheld; 2.) "Reverse Discrimination" Claims
1.) Inventors: Have you jeopardized your patent rights?; 2.) When is a bankruptcy auction final?
1.)Employers Urged to Maintain Records of Deleted Data; 2.) Department ofLabor issues new regulations on minimum wage and overtime requirementsof t
1.)Medical information must be confidential under the ADA; 2.) Fair CreditReporting Act applies to workplace investigations concerning harassment.
1.) Click Wrap Agreements and E-Commerce; 2.) Don't get lost in the E-Commerce world.
1.) Final Boiler/Heater MACT Issued by EPA; 2.) Wetlands Loss Damages to Property.
1.) New Guidance Regarding Epilepsy and the ADA; 2.) Louisiana's New Payday Statute.
1.)The Single Business Enterprise Theory and Contractual Interpretation;2.) Understanding a Lease Obligation to Restore to "Original Condition".
1.)OIG fraud and abuse actions against health care providers on the rise;2.) Medical Review Panels changed; 3.) OIG issues advisory opinion.
1.) Non-Union Employee Rights Change Again; 2.) Title VII prohibits discrimination on the basis of religion.
1.)Court Awards Contractual Indemnity Against Federal Government forCERCLA Clean up; 2.) 2004 Louisiana Environmental Legislative Summary.
1.) IRS Issues Grantor Trust Ruling; 2.) Excercise care when determining whether insurance meets contract requirements.
1.)Three year prescription period for medical malpractice claims declaredunconstitutional; 2.) Court of Appeal discusses self-insured physicians.
1.)NLRB settlementannounces $10M in backpay, severance, and otherbenefits; 2.) 5th Circuit "Mixed Motive" Analysis and the ADEA.
1.)Telephone Competition - Will Consumers Continue to Benefit?; 2.)Understanding and Avoiding Reconducted "Month-to-Month" Leases
1.)Conflicts in the Permitting of Industrial Sanitary Treatment Units; 2.)Update on the 8-hour Standard for Ground-level Ozone.
1.)US Supreme Court changes prescriptive period for race discriminationclaims from 1 to 4 years; 2.) Proposed EEOC rule on health benefitsmoves for
1.) Don't pay your Louisina taxes? Lose your license!; 2.) Instant Messaging in the Workplace - Good for Business?
1.)OIG issues draft supplemental compliance program guidance forhospitals; 2.) Transfer of a patient covered under the MedicalMalpractice Act.
TheLouisiana legislature enacted La. Acts 2004, No. 10 making the salestax exemption for interstate trucks and buses permanent.
1.) Retaliation by Employers - EEOC Update; 2.) Valuable Evidence for Affirmative Defense to Employer Liability for Harassment
A recent La. Supreme Court decision should not impact limitation on liability in medical malpractice cases.
Many assume that the NLRA cannot apply if their employees are not represented by a union. This is, however, incorrect.
1.)Are a patient's directives against resuscitative measures covered underthe Louisiana Medical Malpractice Act?; 2.) E&Y responds to FalseClaims A
1.) Fiduciary duty of corporate directors of Louisiana corporations; 2.) Enforceability of purchase of stock on credit.
1.)NLRA can apply even if employees are not represented by a union; 2.)Employers can be sued for sexual harassment by non-employees
1.)Louisiana administrative law system ruled unconstitutional; 2.) IRSRules that manufacturing-related remediation costs must be capitalized.
1.)Non-compete agreements and SWAT 24; 2.) Exit strategies and contingencyplanning are important when forming a new business entity
Legal issues related to the importation of medications from Canada.
1.)Employers should pay careful attention when served with garnishmentpapers; 2.) ADA does not apply to foreign-flagged cruise ships
Federalgovernment sues Ernst & Young under False Claims Act alleging thatE&Y advice "caused" nine hospitals to submit 200,000 "false" claims.
1.) Health Savings Accounts and the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
1.)EEOC settles two discrimination cases involving sexual harassment ofteenage employees; 2.) No union, no NLRA problem, right? Wrong!
1.) Upsurge in citizen suits; 2.) Trends in Louisiana oil field pollution cases (Corbello, Grefer, Castex).
1.)Are shareholders "employees" under federal employment statutes?;2.)Compensation of employees for time spent in training programs?
1.)OIG issues advisory opinion on reuniting hospital and physician group;2.) Court determines that agency nurse was employee of agency andhospital.
1. Enforcement of Arbitration Agreements2. Changes to the New Home Warranty Act3. On-line copyright infringement issues
- Admiralty and Maritime
- ADR, Mediation and Arbitration
- Air, Water and Waste Permitting
- Associations and Organizations
- Banking and Finance
- Banking Litigation
- Bankruptcy and Business Reorganization
- Bond Transactions
- Business and Corporate
- Business Disputes and Litigation
- Casualty Litigation
- Class Action Litigation
- Commercial and Industrial Real Estate
- Consumer Credit Litigation
- Contested Environmental Permits
- Electronic Discovery
- 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
- Loss Recovery Litigation
- Medical Malpractice Defense
- Mergers & Acquisitions
- Mold Litigation
- Municipal Law & Civil Rights Defense
- NORM 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
- Toxic Tort Litigation
- Underground Storage Tanks (USTs)
- Utilities Regulation
- Water Enforcement / Clean Water Act
- White Collar Criminal Defense
- Workers Compensation Defense