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  • Louisiana Economic Development Repurposes Funds to Back Louisiana Loan Program for Small Businesses Affected by COVID-19 By Carrie Tournillon On Wednesday, April 1, 2020, Governor Edwards announced the availability of a new state-led loan program to provide loans to Louisiana small businesses in response to COVID-19. The Louisiana Loan Portfolio Guaranty Program (“LPGP”) is a partnership of the Louisiana Economic Development (“LED”), the Louisiana Bankers Association (“LBA”) and the Louisiana Public... Continue Reading... ....
  • Governor Edwards Issues Proclamation Addressing Shareholder Meetings During COVID-19 Public Health Emergency By: Hannah D. Robinson and Ben K. Jumonville On March 26, 2020, Governor John Bel Edwards issued Emergency Proclamation 37 JBE 2020 (the “Proclamation”) providing certain measures intended to aid Louisiana businesses in navigating the COVID-19 pandemic, including a temporary suspension of the statutory requirement that Louisiana corporations notice and hold annual and special shareholder... Continue Reading... ....
  • CARES Act Offers Much Needed Hope to Small Businesses By Dean Cazenave, Blane Clark and Elisabeth Prescott Keenly aware of the enormous impact COVID-19 is having on small businesses throughout the country, in response, the Congress approved and on March 27, 2020, the President signed the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”).  The CARES Act is intended, in part, to... Continue Reading... ....
  • Congress Responds to the Coronavirus By: Brian R. Carnie, Chelsea G. Caswell, A. Edward Hardin, Jr., Scott D. Huffstetler, Erin L. Kilgore, Michael D. Lowe, Zoe W. Vermeulen, and David M. Whitaker Responses to the coronavirus that directly impact employers are making their way through Congress.  CBS and other news outlets are reporting on Congressional leaders’ negotiations regarding various measures... Continue Reading... ....
  • Force Majeure: Coronavirus (COVID-19) By: R. Chauvin Kean and Mary Kathryn Gimber On March 11, 2020, the World Health Organization (“WHO”), officially declared COVID-19, commonly known as coronavirus, a pandemic with nearly 120,000 confirmed cases in 114 countries and over 4,000 deaths. With the number of cases, deaths, and countries affected expected to climb in the coming days and... Continue Reading... ....
  • Draft Carefully – Recent U.S. Supreme Court Case Serves as Lesson to Properly Preserve Issues on Appeal By Eric Lockridge and Katie Hollowell The Supreme Court of the United States recently handed down a decision on the statute of limitations period under the Fair Debt Collection Practices Act (the “FDCPA”) to start off its term. The case provides a lesson to practitioners to draft carefully; the failure to do so may result... Continue Reading... ....
  • Ag Lenders and Vendors: The Family Farmer Relief Act of 2019 Opens Chapter 12 Bankruptcy to More Farmers By Eric Lockridge and Wade Iverstine Lenders who finance farm operations, including those who provide equipment, seed, fertilizer, and other farming-related products on credit, should be aware that the Family Farmer Relief Act of 2019 has been signed into law. This new law allows a “family farmer” with up to $10,000,000.00 in debt to restructure... Continue Reading... ....
  • A Way to Earn More? The Risks in Earnout Provisions By Max B. Kallenberger A potential purchaser of a business and a corresponding seller often disagree on the value of the business, particularly in regard to sales projections.  The purchaser may attempt to entice the seller with what it believes is a fair compromise – accepting the perceived over-inflated price asked for by the seller,... Continue Reading... ....
  • Recent United States Supreme Court Decision Tackles Question of What Happens When Bankruptcy Meets Intellectual Property   By: Katie M. Hollowell, Devin Ricci, and Eric Lockridge A recent United States Supreme Court decision handed down in May addressed what occurred when contract, bankruptcy, and intellectual property laws intersected.[1] In Mission Products Holdings, Inc. v. Tempnology, LLC nka Old Cold, LLC, the Supreme Court was presented with the question of whether a debtor’s rejection of an executory... Continue Reading... ....
  • Recent Appellate Court Decision Sheds Light on Shareholder Remedies Under the Louisiana Business Corporation Act By Ben Jumonville A decision handed down by Louisiana’s Third Circuit Court of Appeal on February 21, 2019, is the first reported case to examine the remedy granted to oppressed shareholders by the Louisiana Business Corporation Act (LBCA), which became effective in 2015. The LBCA introduced in Louisiana a version of what is known as... Continue Reading... ....