View Recent Blog Posts in Business Disputes and Litigation

  • 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... ....
  • Enforcing Arbitration Awards in Louisiana By G. Trippe Hawthorne and Mallory McKnight Fuller Click here to review a Practice Note explaining how to enforce arbitral awards in the state and federal courts in Louisiana.  This Note explains the procedure for confirming an arbitration award in Louisiana, and the grounds on which a party may challenge enforcement under Louisiana and federal law, [...] 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... ....
  • U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding By Brittany Buckley Salup Chief Judge Brian Jackson issued an “Omnibus Order Suspending All Deadlines” for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana.  The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, [...] Continue Reading... ....
  • The Flood of 2016: Governor Edwards Amends Executive Order Suspending Running of Prescription, Peremption, and Legal Delays By Claire Juneau On August 17, 2016, Governor Edwards amended Executive Order JBE 2016-57 which had suspended the running of prescription, peremption, and all legal delays from August 12, 2016 until September 9, 2016. The amendment to Executive Order JBE 2016-57 modifies the suspension of deadlines as follows: Liberative prescription and peremptive periods continue to [...] 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... ....
  • Amendments to Federal Rules of Civil Procedure Rein in Scope of Federal Discovery By Sam Lumpkin On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect in an effort to rein in the scope of federal discovery. Several changes were made to Federal Rule 26 with the goal of reducing the substantial expense and unfairness of overbroad discovery. Former Rule 26(b)(1) provided that: Parties [...] Continue Reading... ....
  • Louisiana Rejects Negligent Spoliation of Evidence as a Tort Claim By J. Eric Lockridge The Louisiana Supreme Court recently determined that there is no tort liability for negligent spoliation of evidence.  “Regardless of any alleged source of the duty, whether general or specific, public policy in our state precludes the existence of a duty to preserve evidence.  Thus, there is no tort.”  Reynolds v. Bordelon, [...] Continue Reading... ....
  • American Arbitration Association Requires Registration of Consumer Arbitration Clauses By Linda Perez Clark Beginning September 1, 2014, the American Arbitration Association (“AAA”) will require that any business using or intending to use the AAA rules in a consumer contract register the arbitration clause with the AAA. Upon submitting the clause, the AAA will review it for “material compliance” with the AAA’s due process standards [...] Continue Reading... ....
  • Louisiana Supreme Court Holds Terms and Conditions Binding Due to Course of Conduct and Forum Selection Clauses are not per se Violative of Public Policy By Linda Perez Clark The use of standard form terms and conditions, without a signed contract, often leads to disputes over whether the parties actually agreed to be bound by such terms and conditions, as was the case in Shelter Mutual Insurance Co. v. Rimkus Consulting Group, Inc. of Louisiana, et al., 2013-1977 (La. 7/1/14). [...] Continue Reading... ....