| News | |
Date | Article |
| 5/17/2010 | Hidden Tax Change in Health Care Bill |
| | Hidden away in 23 lines of Section 9006 of the Patient Protection and Affordable Care Act (commonly referred to as the Health Care Bill) is a dramatic change in the IRS Form 1099 reporting requirements. At present, businesses must issue a Form 1099 to all independent contractors who perform $600 or more of work for the business in a given year, but purchases from corporations and all purchases of goods are exempt from 1099 reporting. The new provision in the Health Care Bill, however, mandates that all companies will have to issue 1099 tax forms to any individual or corporation from which they buy more than $600 in goods or services in a tax year. This new law is effective January 1, 2012. |
| 5/17/2010 | Louisiana Senate Bill to Authorize Punitive Damages for Tort Claims |
| | If enacted into law, Louisiana Senate Bill No. 547 would authorize punitive damages in tort claims. The bill enacts Civil Code Article 2315.8, which allows exemplary damages upon proof that the injuries on which the action is based were caused by a person's willful and wanton misconduct. The punitive damages may be awarded in addition to general and special damages. |
| 5/10/2010 | Deepwater Horizon rig disaster has potential for vast litigation against BP p.l.c. |
| | The explosion of the Deepwater Horizon drilling rig off the coast of Louisiana resulted in a fire that sank the rig and caused a massive oil spill. Eleven rig workers are presumed dead and another seventeen others were injured. |
| 05/10/2010 | U.S. Supreme Court to Rule on Privacy of Text Messages |
| | The United States Supreme Court is expected to rule on the issue of privacy with regard to text messages sent and received by employees on employer-issued equipment. In Quon v. Arch Wireless Operating Co., Inc., the employees of the Ontario Police Department were issued alphanumeric pagers for work-related purposes and limited personal use. The City of Ontario had a written "Computer Usage, Internet and E-mail Policy,” which provided that employees should not expect privacy in their communications utilizing the identified equipment provided by the City. However, the policy did not specifically address the use and privacy of text messages sent via the alphanumeric pagers. |
| 5/7/2010 | New guidance offered by Department of Labor for pay requirements of summer employees and interns |
| | The U.S. Department of Labor has recently offered new guidance about wage and overtime pay requirements for summer employees and interns. The DOL standards apply to private sector, ‘for profit' employers. |
| 4/20/2010 | Court of Appeals Rules on Valuation of Minority Stock |
| | The Louisiana Third Circuit Court of Appeals recently clarified the valuation method available to minority shareholders who dissent to the valuation of their shares in a short form merger. In Duncan v. Moreno Energy, Inc., Third Circuit, No. CA 09-1033 (3/10/10), the minority shareholders of Moreno Energy Services, Inc. brought suit claiming their shares were undervalued in the company's short form merger with Moreno Energy Incorporated. |
| 4/7/2010 | Donation to Northside High School |
| | Allen & Gooch attorneys, Desiree Williams and Brent Carriere, present a donation to Northside High School principal, Carlton Handy. Allen & Gooch has conducted mock trials at the school’s on-campus courtroom setting and this donation can be used to assist in further development of their student law program. |
| 1/28/2010 | Activated Reservist Employees have Job Security |
| | With the ongoing military conflicts in Afghanistan and Iraq, combined with recent natural disasters, American employers have been faced with the call up of many reservist employees to active military duty. While the loss of those employees may require employers to make workplace adjustments, it is important to recognize that activated service members are afforded significant job protections under federal law. |
| 1/28/2010 | Allowing Vulgar Language and Behavior in the Workplace is Bad Business |
| | Courts of Appeal have uniformly noted that legal protections against sexual harassment are not intended to establish a civility code for the workplace. In order to be actionable, sexual harassment must be severe or pervasive enough to alter the terms or conditions of employment, and it must be based on the sex of the employee. |
| 1/28/2010 | Employment Law Changes Ease Burden for Employees with Disabilities |
| | Since 1990, the Americans with Disabilities Act (ADA) has protected qualified individuals with disabilities from employment discrimination in the workplace. The ADA makes it illegal to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other term, conditions and privileges of employment. |
| 1/7/2010 | Louisiana Supreme Court Justice Marcus Clark visits Allen & Gooch |
| | Allen & Gooch hosted a reception in-house for Louisiana Supreme Court Justice Marcus Clark. Justice Clark provided the group of local judges, attorneys and business leaders in the community with unique insight toward various internal processes of the State’s highest court. |
| 1/4/2010 | Louisiana Eliminates Capital Gains Tax on Sales of Private Businesses |
| | During the recently completely 2009 Regular Session of the Louisiana Legislature, the legislature passed, and Governor Jindal signed, legislation that excludes capital gains from individual state income taxes. |
