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Business Transactions
Co-owned hunting land cannot be divided, leads to partition and public sale
Earlier this year, the Louisiana Third Circuit Court of Appeal ruled that co-owned hunting land could not be divided up and therefore had to be sold at public auction. Broussard v. Stutes Farms, LLC, 13-1122 (La. App. 3 Cir. 3/5/14), 134 So. 3d 226. The case involved two co-owned tracts of property totaling 125 acres […]
- November 5, 2014
- By Allen & Gooch
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Employment Law & Litigation
SCOTUS Hears Argument on Compensable Time under FLSA
Is time spent in security screenings compensable time? On October 8, 2014, the United States Supreme Court heard arguments in Integrity Staffing Solutions, Inc. v. Busk, a case that considers the issue of whether time spent by an employee in security screenings is compensable under the Fair Labor Standards Act, as amended by the Portal […]
- October 30, 2014
- By Allen & Gooch
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Taxation
SALT Block – U.S. Supreme Court SALT Decisions on the Horizon, TAXES – The Tax Magazine®
The Supreme Court’s decision on SALT cases will have serious implications for the states. In this article published in the November 2014 publication, TAXES – The Tax Magazine®, Blaise Sonnier examines the issues. SALT Block – U.S. Supreme Court Desicions on the Horizon
- October 27, 2014
- By Blaise Sonnier
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Business Transactions
Demystifying Term Sheets – The First Step for Closing the Deal
So what is a Term Sheet, anyway? A term sheet is essentially an outline of a proposed transaction. This allows the parties to identify and agree (generally in a non-binding way) on the basic terms of the deal. Before the lawyers get involved to start papering the deal and performing due diligence, it is important […]
- October 15, 2014
- By Allen & Gooch
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Workers' Compensation
When is a lie evidence of fraud under the Louisiana Workers’ Compensation Act?
False Statements and Misrepresentations May Equal Fraud Under La. R.S. 23:1208, it is unlawful for any person “for the purpose of obtaining or defeating any benefit or payment under the provisions of [the Workers’ Compensation Act], either for himself or for any other person, to willfully make a false statement or misrepresentation.” Crafted to discourage […]
- October 13, 2014
- By Allen & Gooch
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Construction Law
CGL contractual liability exclusion applied to “warranty to repair” clause contained in residential construction contract
In Crownover v. Mid-Continent Cas. Co., 757 F.3d 200 (5th Cir. 2014), the U.S. Fifth Circuit affirmed the Northern District of Texas’ grant of summary judgment in favor of Mid-Continent finding that an arbitration award fell within the Mid-Continent Casualty Company policy contractual liability exclusion. Warranty to Repair clause in residential construction contract In 2001, […]
- October 6, 2014
- By Allen & Gooch
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Insurance & Casualty Litigation
Claims made and reported provisions enforceable against injured third parties
Many insurance policies include a provision known as a “claims made and reported” clause which indicates that a claim is only covered if the claim is reported to the insurer during the policy’s stated time limit. Because Louisiana is a Direct Action State, it was believed that this provision would not be enforced against an […]
- October 1, 2014
- By Allen & Gooch
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Maritime Casualty
Employment Gaps May Affect Seaman Status
Jones Act Coverage Based on Time Working on Vessel When making claims under the Jones Act, plaintiffs must prove that they spent 30% or more of their time working on a vessel or fleet of vessels under common ownership. This analysis can become complicated if the seaman was employed by his employer on multiple occasions […]
- September 10, 2014
- By Allen & Gooch
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Health Law
Should your law firm sign a “Business Associate Agreement” at the request of a healthcare provider client? — Under new HIPAA regulations, it probably has no choice.
Law Firms With Access to PHI are Business Associates Under new HIPAA rules, law firms with access to protected health information (“PHI”) most likely qualify as “business associates.” Pursuant to 45 CFR §160.103, a business associate is a non-employee of a covered entity who performs legal, actuarial, accounting, billing, administrative, accreditation, financial or similar services […]
- August 29, 2014
- By Allen & Gooch
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Business Transactions
Prescription & Trade Secrets: A Benefit To Your Business?
Former Employee Develops Similar Technology Aspen Technology sued a former employee, who was director of technology and research, for violating a noncompete clause in his employment contract. Aspen added as a defendant, the new employer, M3 Technology, claiming tortious interference with the contract, trade secret misappropriation and copyright infringement. Aspen and M3 both develop, sell […]
- July 22, 2014
- By Allen & Gooch