View Recent Blog Posts in Business and Corporate

  • Employers Respond to “A Day Without Immigrants” By Michael D. Lowe Last week, thousands of employees throughout the county skipped work as part of “a day without immigrants” demonstration. The employees were protesting the Trump administration’s recent actions regarding immigration. The stated intent was to negatively impact the nation’s economy in an effort to highlight the contributions of immigrant labor. Restaurants were [...] Continue Reading... ....
  • Do Lenders and Borrowers Intend a Novation of Prior Agreements? A Cautionary Tale and the Need to be Crystal Clear in Drafting Amendments By Dean P. Cazenave When lenders and borrowers want to modify the terms of an existing loan agreement, and the modifications are extensive and will affect many provisions of the agreement, the lender’s lawyer will often choose to draft an “amended and restated agreement” in order to document those modifications. A single amended and restated [...] Continue Reading... ....
  • The “New” New Orleans Gallonage Tax – Yet Another Tax on Retailers? By Jill Gautreaux The City of New Orleans (“the City”) has amended and re-enacted a gallonage tax on alcoholic beverages of low and high alcoholic content. A “gallonage tax” is a tax on alcoholic beverages based upon the amount, calculated in gallons, of alcoholic beverages sold. The current ordinance became effective on January 1, 2017, [...] Continue Reading... ....
  • ADA Access: “Drive By” or “Google” Lawsuits and the Americans with Disabilities Act? By Price Barker, Brian Carnie, and Michael Lowe Disability access lawsuits have become a cottage industry and they have found their way into Louisiana, Texas and Arkansas.  Most are brought by the serial litigants working with same law firm.  These plaintiffs visit a business for the primary purpose of discovering an Americans with Disabilities Act [...] Continue Reading... ....
  • 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... ....