Newsletters
Admiralty and Maritime Notes, December 2011
Date: 12/2011 (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
Business Notes, November 2011
Date: 11/2011 Data Protection and Management
Environmental Notes, October 2011
Date: 10/2011 Louisiana DEQ is Eliminating Coverage Under General Permit for Territorial Seas Discharges of Produced Waters
Business Notes, September 2011
Date: 9/2011 The Rogue Co-Owner: Cutting and Selling Timber from a Co-owned Tract (Originally Appeared in the September 2011 edition of Forests & People Magazine)
Health Law Notes, September 2011
Date: 9/2011 (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
Environmental Notes, September 2011
Date: 9/2011 (1) PHMSA Seeks Comments on Expansion of Gas Transmission Pipeline Regulations (2) Louisiana Affected by President Obama's Action on Ozone Standard Reconsideration
Environmental Notes, May 2011
Date: 05/2011 (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
Business Notes, May 2011
Date: 05/2011 Lenders and Developers need to understand how Louisiana's Private Works Act applies to their Projects
Business Notes, April 2011
Date: 04/2011 (1) Court Recharacterizes S Corporation Dividend to Shareholder-Employee as Wages (2) Louisiana Supreme Court Refuses to Review Net Operating Loss Decision
Environmental Notes, April 2011
Date: 04/2011 Application of Pesticides that may Impact Water of the State now Require LPDES Permit
Labor and Employment Notes, April 2011
Date: 04/2011 (1) Settlement reached in the NLRB Facebook Case (2) Supreme Court holds Title VII Retaliation Claim available to Terminated Fiancé
Business Notes, September 2010
Date: 9/2010 Louisiana Supreme Court Holds Unfair Trade Practice Claims
Environmental Notes, July 2010
Date: 7/2010 Legislature Substantially Amends Louisiana Toxic Air Pollutant Requirements
Business Notes, July 2010
Date: 7/2010 (1) Piercing the Veil of an LLC - The Fourth Circuit Weighs In (2) Supreme Court Decides Long-Awaited Patent Case
Labor and Employment Notes, June 2010
Date: 6/2010 New FLSA Break Time Requirements
Environmental Notes, May 2010
Date: 05/2010 Is Act 312 Applicable to my Operations?
Labor and Employment Notes, May 2010
Date: 05/2010 Employment Non-Discrimination Act
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
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