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  • U.S. Court of Appeals for the Fifth Circuit Affirms Application of Louisiana’s Subsequent Purchaser Doctrine On April 18, 2017, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in Guilbeau v. Hess Corp.[1] The court affirmed the application of Louisiana’s subsequent purchaser doctrine to claims for environmental damages allegedly caused by activities of a former mineral lessee prior to the date that the plaintiff owned the... Continue Reading... ....
  • Introducing a New Risk for Louisiana Loans Supported by Upstream and Cross-Stream Security: The Ten-Year Revocatory Action A 2013 change to Louisiana’s revocatory action now exposes a secured lender’s collateral and guarantees to the risk of avoidance litigation for ten years, up from three years, after the closing date. Start here if you just asked, “What is a revocatory action?” This post explains how the revocatory action effects multi-party secured loans, and... Continue Reading... ....
  • Landlord and Tenant Rights and Obligations in Light of Louisiana Flooding The recent flooding of the Baton Rouge and surrounding communities has ravaged property, devastated lives, and impacted businesses.  Much of the legal discussion surrounding the flooding in Louisiana will inevitably involve the ins and outs of flood insurance and FEMA assistance.  However, there are other legal implications of the floods that need some consideration, such... Continue Reading... ....
  • Louisiana Appeals Court Acknowledges Preemption of State Law Over Parish Zoning Ordinances in Fracking Fight Since the announcement by Helis Oil & Gas that it intended to introduce hydraulic fracturing (“fracking”) to St. Tammany Parish, the local response has been vitriolic to stay the least – from public protests and interstate billboards to lawsuits. In fact, according to DNR officials, the large public hearing on Helis’ drilling permit application was... Continue Reading... ....
  • Low Energy Prices, Low Interest Rates, Rise in Federal Estate Tax Make Estate Freeze Transactions Attractive The recent downturn in energy prices has given consumers a welcomed break at the gasoline pump. The people producing the energy, however, from landowners, to oil companies, to oil field service providers, have felt the full negative effects of the steep price decline. Those producers are seeing price pressure at every turn, reducing their net... Continue Reading... ....
  • What Do Drones, the U.S. Open, September 11, and the National Association of Realtors Have in Common? This year’s U.S. Open has brought its fair share of excitement on the court.  The sport’s beloved Serena Williams, who was just two matches away from being only the fourth female to complete a calendar grand slam, was eliminated by an unranked Italian player, and an potential showdown between tennis’ rock stars Novak Djokovic and Roger Federer make this year’s... Continue Reading... ....
  • Louisiana Business Corporation Act (LBCA) Replaces Louisiana Business Corporation Law Effective January 1, 2015, the Louisiana Business Corporation Law was replaced in its entirety by the new Louisiana Business Corporation Act (LBCA).  Here are some of the highlights of the changes effected by the LBCA: New Remedy for Oppressed Shareholders – Buyout. If a corporation engages in oppression of a shareholder, the shareholder may withdraw... Continue Reading... ....
  • Is it Time for Your Business to Have a Check-Up? By Sonny Chastain We have become accustomed to having regular check-ups with our doctors. The doctor will analyze our current physical condition, including heart rate, blood pressure, cholesterol level, lung condition or otherwise. The doctor may order a treadmill test or a screening for a particular function. The doctor will also compare current test results... Continue Reading... ....
  • Act 281: Louisiana’s Overhaul of the Civil Code Articles on Security, Pledge and Recordation By Allison Lewis Reeves On the recommendation of the Louisiana Law Institute, the Louisiana Legislature passed Act 281 (the “Act”). The Act concerns amendments to the Louisiana Civil Code relative to security, pledge and recordation. Civil Code art. 3133 et seq. concerning pledge have been deleted in their entirety and replaced with general articles on... Continue Reading... ....
  • Act No. 88 Creates an Intent-Based Transfer Avoidance Action By Wade R. Iverstine * * This article originally appeared in the July 8, 2013 edition of Around the Bar Act No. 88 makes an important change to a creditor’s right to collect a debt from property that the debtor has transferred to someone else. Unlike alternative approaches to transfer avoidance, the right of action... Continue Reading... ....