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Business Litigation
2nd Circuit Addresses Evidence Required to Contest Arbitration Clauses
In Hanlon v. Monsanto Ag Products, LLC, 48,010 (La. App. 2 Cir. 10/9/13), — So.3d —, the Second Circuit Court of Appeal held that the arbitration clause contained in an agreement between cotton farmers, manufacturers, and sellers was enforceable. Trial Court Held Arbitration Clause Unenforceable The plaintiffs were cotton farmers who filed a redhibition action […]
- January 6, 2014
- By Allen & Gooch
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Estate Planning and Administration
Federal Estate Tax Exemptions and “Portability”
American Taxpayer Relief Act sets new federal estate tax exemption The American Taxpayer Relief Act set the new federal estate tax exemption at $5.25 million per decedent, or $10.5 million for a married couple. In addition, the new “Portability” provisions allow the estate of a deceased spouse who doesn’t use all of his $5.25 exemption […]
- January 2, 2014
- By Allen & Gooch
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Business Litigation
Accord and Satisfaction: When Partial Payment Means Payment in Full
How to Settle a Debt by Only Paying Part of it Under Louisiana law, accord and satisfaction is the settlement of a debt by partial payment. In Complete Medical Systems, LLC v. Health Net Federal Services, LLC, 13-0367 (La. App. 1 Cir. 11/1/2013), — So. 3d —, the Louisiana First Circuit Court of Appeal applied […]
- December 30, 2013
- By Jessica Allain
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Maritime Casualty
Job Reassignment May Change Your Employee’s Seaman Status
We previously wrote that, in order to be a seaman, an employee’s job duties must “contribute to the function of a vessel or to the accomplishment of its mission,” and he must have a substantial connection to a vessel or fleet of vessels. This two-part test begs the question: what is the relevant time period […]
- December 27, 2013
- By Allen & Gooch
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Business Transactions
5 Reasons All LLC’s Need an Operating Agreement
An Operating Agreement is an agreement between the members of an LLC about how the affairs of the business will be handled. Many businesses, whether just starting out or fully established, may not realize they need an Operating Agreement. Here are the top 5 reasons every LLC should have an operating agreement: 1. Death, Divorce, […]
- December 23, 2013
- By Allen & Gooch
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Business Litigation
Will Disparate Impact Claims Apply to the Federal Fair Housing Act?
Disparate Impact Claims of Discrimination and the Fair Housing Act The United States Supreme Court was scheduled to hear arguments in Mount Holly v. Mount Holly Gardens Citizens in Action, Inc. to address whether disparate-impact claims of discrimination may be brought under the federal Fair Housing Act of 1968. Ultimately, the case settled and the issue […]
- December 20, 2013
- By Allen & Gooch
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Taxation
2013 Legislative Update: Changes to Louisiana Tax Credits
Louisiana Tax Credits Amended in the 2013 Legislative Session There were many changes to the system of Louisiana tax credits administered by Louisiana Economic Develop in the 2013 Louisiana Legislative Session. To close out our 2013 Legislative Update series, here are some highlights of changes to the state’s tax credit regime. Louisiana New Market Jobs […]
- December 18, 2013
- By Allen & Gooch
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Construction Law
Material Supplier Liens under Louisiana Public Works Act
Material Suppliers and the PWA A material supplier seeking to preserve the right to file a privilege or lien related to a public works contract must comply with the requirements of the Louisiana Public Works Act (LPWA) La. R.S. 38:2242. In a recent First Circuit case, a roofing material supplier delivered materials in June, July, […]
- December 17, 2013
- By Allen & Gooch
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Employment Law & Litigation
Fair Labor Standards Act: When an Intern Qualifies as an Employee
Does an Intern Fall Under the Protection of the Fair Labor Standards Act? The United States Second Circuit Court of Appeals is currently reviewing a pair of cases that address whether interns meet the definition of an employee under the Federal Fair Labor Standards Act (FLSA) that gives minimum wage protections to workers. The outcome […]
- December 13, 2013
- By Allen & Gooch
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Emerging Companies and Start-ups
Forbes: What Start-Ups Should Know About Hiring a Lawyer
The decision to hire a lawyer can be scary for an entrepreneur. Whether you are a start-up or a more seasoned business with successful growth, certain questions remain. Do I really need to hire a lawyer? How much is this going to cost? The fact is that the smart use of legal services and strategic planning on […]
- December 11, 2013
- By Allen & Gooch
