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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
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Taxation
2013 Legislative Update: New Tax Credit Registry Administered by LDR
New Tax Credit Registry Will Track Credits, Including Transfers In this year’s session, the Louisiana Legislature created a new tax credit registry to be administered by the Louisiana Department of Revenue (LDR) in Act No. 418. When state agencies issue tax credits, they are now required to send information on the tax credit to LDR, […]
- December 10, 2013
- By Allen & Gooch
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Employment Law & Litigation
NLRB Rules Against Costco for Social Media Policy
Social Media Policy Held to Limit Collective Bargaining Last year, the National Labor Relations Board (NLRB) ruled that a provision of Costco’s Employee Handbook prohibiting employees from electronically posting statements that damage the Company or damage any person’s reputation constituted an unfair labor practice. In so ruling, the Board found that the general prohibition would […]
- December 9, 2013
- By Allen & Gooch
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Maritime Casualty
Seaman Status: Do Your Employees Qualify?
Special Privileges Afforded to Seamen under Maritime Law A seaman enjoys special rights under the law that are not afforded to other employees, such as the right to receive maintenance and cure if injured while in service of a vessel and the right to sue their employer in tort under the Jones Act. However, many […]
- December 7, 2013
- By Allen & Gooch
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Professional Liability
The Basic Duties of Insurance Agents in Louisiana
Do you know what duties insurance agents owe to their clients in Louisiana? Insurance agents in Louisiana owe a duty of due diligence in obtaining coverage for their clients. Louisiana jurisprudence provides that an insurance agent who undertakes to procure insurance for another owes an obligation to his client to use reasonable diligence in attempting […]
- December 6, 2013
- By Allen & Gooch
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Employment Law & Litigation
NLRB Rules Against Employment-At-Will Policies
NLRB Cracks Down on Employee Handbooks Last year, the National Labor Relations Board (NLRB) ruled against the American Red Cross and Hyatt Hotels Corp. with respect to the employment-at-will provisions contained within their employee handbooks. The provision in the American Red Cross’s employment handbook provided that the at-will employment relationship could not be amended, modified, […]
- December 3, 2013
- By Allen & Gooch