View Recent Blog Posts in Business and Corporate

  • By: Ambrose Stearns A business owner in Louisiana who wishes to dissolve his or her non-operating LLC may run across information demonstrating how to dissolve the LLC with the Louisiana Secretary of State using an affidavit provided by the Secretary of State. Although this can be a valid method of dissolving an LLC, business owners should beware that... Continue Reading...
  • By: Ben Jumonville With the Corporate Transparency Act (CTA) set to take effect on January 1, 2024, an estimated 32 million entities will soon be required to report personal information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Treasury Department. While the law is aimed at curbing money laundering, terrorist... Continue Reading...
  • By: Matthew Meiners An Operating Agreement is an agreement among the members of a limited liability company that defines the LLC's management structure and governs the operation of the LLC, including the members' contractual rights, obligations, and restrictions relating to their membership interests in the LLC. An LLC with only one member may use a simple short-form Operating... Continue Reading...
  • By: David Whitaker and Shearil Matthews ADA Background In 1990, Congress passed the Americans with Disabilities Act ("ADA or Act").[1] The purpose of the Act is to provide protection and certain rights for Americans with disabilities. One of Congress' goals was to ensure that people with disabilities are able to fully participate in all aspects of society.[2] Title III of the... Continue Reading...
  • By: Tim Robinson Earlier this year, Governor John Bel Edwards signed into law House Bill No. 515, amending La. R.S. 12:1333 and enacting the new La. R.S. 12:1333.1 of the Louisiana Limited Liability Company Law (the "LLC Law"), which became effective on August 1, 2022. This legislation represents meaningful changes to the nature of membership interests in Louisiana... Continue Reading...
  • By: Angela Adolph For traditional manufacturers, the Inflation Reduction Act of 2022 (IRA) offers a mixed bag of carrots and sticks to support its green energy goals. Signed by President Biden on Aug. 16, 2022, the bill includes numerous tax credits and other incentives promoting clean energy investment. One of the IRA's stated purposes is to incentivize and... Continue Reading...
  • By: Ross Roubion and Taylor Ashworth In trip and fall litigation, the validity of a plaintiff's claim often turns on whether the condition allegedly causing the fall is a so-called "open and obvious" risk of harm. That is, a risk of harm that is so obvious and discoverable that a reasonable person would have avoided the hazard, and ultimately, the injury.[1]... Continue Reading...
  • By: Katilyn Hollowell In a decision holding that surety bonds are not executory contracts, the Fifth Circuit signaled that courts may in the future utilize the functional approach to determine if multiparty contracts are executory in nature. The case, filed in the United States Bankruptcy Court for the Middle District of Louisiana as In re Falcon V, L.L.C.,... Continue Reading...
  • By: David Whitaker In Helix Energy Solutions Group Inc v. Hewitt, an en banc U.S. Fifth Circuit Court of Appeals issued a 12-6 ruling last year finding that a highly paid offshore supervisor (who was paid more than $200,000 per year on a day rate basis) was entitled to overtime premium pay because he was not paid on... Continue Reading...
  • By: Ben Jumonville Last month, the Financial Crimes Enforcement Network ("FinCEN") published proposed regulations to implement the Corporate Transparency Act ("CTA"), which was enacted into law on January 1, 2021. The CTA is designed to help prevent the use of anonymous shell companies in money laundering and other illicit activities by requiring U.S. companies to report personally identifiable... Continue Reading...
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