View Recent Blog Posts in Business and Corporate

  • Protecting Attorney-Client Privileged Communications in M&A Agreements By Linda Perez Clark Recent cases have highlighted the importance of seller contractually protecting and retaining ownership over communications that, pre-closing, are subject to the attorney-client privilege.  The absence of such language in a merger or asset/stock purchase agreement can lead a court to conclude that such communications are owned by the buyer/surviving corporation. Such [...] Continue Reading... ....
  • Bridges v. Nelson Industrial Steam Company, Inc. and Recent Amendments to Louisiana’s Further Processing Exclusion from Sales and Use Tax By Linda Akchin and Chris Dicharry INTRODUCTION Louisiana law imposes a sales tax on “sales at retail.”  “Sale at retail” is defined in the sales tax law, and the definition provides that the term does not include “sales of materials for further processing into tangible personal property for sale at retail.”    This provision is commonly [...] Continue Reading... ....
  • Record Retention Requirements after a Natural Disaster By Ben K. Jumonville For several businesses in the Baton Rouge area, one of the many implications of the recent flooding is the loss of business records that are subject to retention requirements under various state and federal laws. In light of the destruction of many such records in the flood, a question arises as [...] Continue Reading... ....
  • Employer Provided Assistance for Employees Affected by the 2016 Flood By Kevin C. Curry and Carey J. Messina Many employers have a number of employees who were affected by the August 2016 flooding event in Louisiana.  These employers are looking for means to assist their employees in recovering from this significant disaster.  Employers have a number of options for providing disaster relief assistance to their [...] Continue Reading... ....
  • The Flood of 2016: Reduced Property Taxes By Christopher J. Dicharry Property taxes in Louisiana are generally based on the status and condition of taxable property on January 1 of each tax year. For Baton Rouge and surrounding areas devastated by the recent flooding that could mean paying property taxes on homes and business property based on the condition of property before [...] Continue Reading... ....
  • Business Disaster Loans: Assistance for Uninsured or Under-insured Losses By Carrie R. Tournillon In the aftermath of the floods that devastated southeastern Louisiana, many businesses will be in need of financial assistance for uninsured or under-insured losses.  The U.S. Small Business Administration (“SBA”) offers financial assistance to businesses in declared disaster areas through low-interest, long-terms loans. Business Physical Disaster Loans.   Businesses of all sizes, [...] Continue Reading... ....
  • Courts Finally Clarify Louisiana Property Tax Appeal Deadline By Angela W. Adolph The statutory and regulatory deadline for appealing an adverse decision of the Louisiana Tax Commission (the “Commission”) is clearly thirty (30) days, but identifying the event that triggers commencement of the deadline has not always been easy. The applicable statute provides that the appeal deadline runs from the date the decision [...] Continue Reading... ....
  • HHS OCR: Ransomware Attacks Usually Qualify as a HIPAA Breach By Jessica Engler and Lyn Savoie Ransomware is here to stay. According to a recent United States Government interagency report, on average, there have been approximately 4,000 daily ransomware attacks since early 2016, which is a 300 percent increase from the approximately 1,000 daily ransomware attacks reported in 2015.[1] A significant percentage of those affected [...] Continue Reading... ....
  • Pending Arbitration Agreements Rule: What Does This Mean For Your Company? By Edward H. Warner and Linda Perez Clark On Thursday, May 5, 2016, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rules that would fundamentally change the way certain businesses contract with consumers.  Among other actions, the proposed rule would eliminate class action waivers from pre-dispute arbitration clauses and agreements for certain [...] Continue Reading... ....
  • A Brief Examination of “Mineral Acre” and “Royalty Acre” in Louisiana By Will Huguet Terminology employed in oil and gas exploration may often become antiquated. In this regard, this comment is intended to introduce the reader to the dated and potentially confusing terms “mineral acre” and “royalty acre.” Although the author is not a large proponent of the use of such terms, they are part of [...] Continue Reading... ....