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Estate Planning and Administration
Update Your Will: Reasons Why it May be Time to Revisit
Is it Time to Update Your Will? Here are some important reasons why you should revisit and update your old Last Will and Testament: Independent Administration. A big part of estate planning used to be “How to Avoid Probate” – that is, how to make sure that legal fees and court costs don’t eat up […]
- September 3, 2013
- By Allen & Gooch
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Construction Law
Contractors Beware: Negligent Professional Services Create Liability
UPDATE: THE LOUISIANA SUPREME COURT HAS REVERSED THE APPELLATE COURTS ON THIS ISSUE. CLICK HERE TO READ MORE. No Matter What Type of Entity You Choose, You Can Still be Personally Liable for Negligent Professional Services Limited Liability Companies (LLC’s) generally offer their members insulation from personal liability. This means that a court cannot order […]
- August 30, 2013
- By Emile Joseph
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Business Litigation
Securities Statute of Limitations Does Not Stop for Class Actions
Thinking about filing suit over some securities you purchased? You may want to move fast if you are waiting on class certification. Your claim may not be suspended while the case for class certification is pending. Second Circuit Rules on Securities Statute of Limitations This summer, the U.S. Second Circuit Court of Appeals made a […]
- August 28, 2013
- By Allen & Gooch
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Employment Law & Litigation
8 Areas Your Employee Policies & Procedure Handbook Should Address
Employers Should Revisit Their Employee Policies & Procedure Handbook to Comply With the Latest Labor Rulings With the National Labor Relations Board focusing more and more on employee policies & procedure handbooks, here are eight areas you should include to make sure your business is covered: 1. Employee Benefits –Describe the benefits that are given to the […]
- August 16, 2013
- By Allen & Gooch
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Maritime Casualty
5th Circuit Holds OCSLA and Louisiana Law Apply to Indemnity Dispute
In Ace Am. Ins. Co. v. M-I, L.L.C., 699 F.3d 826 (5th Cir. 2012), the Fifth Circuit recently applied the Outer Continental Shelf Lands Act (OCSLA) and Louisiana law to an indemnity provision of a Master Services Agreement (MSA). Indemnity Under Master Service Agreement In Ace, two companies—M-I, L.L.C. (M-I) and British Petroleum (BP)—entered into […]
- July 1, 2013
- By Allen & Gooch
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Emerging Companies and Start-ups
Five Legislative Reforms That May Impact Local Businesses
Legislation pending in Congress could have a substantial impact on business owners and it is important for local businesses to be aware of these potential changes. Some of these potential changes include: 1. Marketplace Fairness Act – Online Sales Tax This Act requires Internet retailers to take responsibility for collecting sales tax from each customer and […]
- June 19, 2013
- By Allen & Gooch
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Maritime Casualty
Texas Court Holds That Maritime Claims Are Removable To Federal Court
More Maritime Claims Are Removable in Texas Now Federal district courts have original jurisdiction over admiralty and maritime lawsuits (i.e. “admiralty jurisdiction”), but these suits typically cannot be removed from state to federal court. However, last month in Ryan v. Hercules Offshore, Inc., 945 F.Supp.2d 772 (S.D. Tex. May 13, 2013), the Southern District of Texas held that […]
- June 5, 2013
- By Allen & Gooch
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Business Litigation
Patents To Face New Frontiers And Increased Federal Regulations
Intellectual Property Exchange International The world’s first online exchange for patent rights is now online. Intellectual Property Exchange International (IPXI) allows owners of intellectual property rights to offer licensing through the exchange. The hope is to create greater price transparency and efficiency by opening up what has heretofore been limited to purely private negotiations and […]
- June 5, 2013
- By Clay Allen
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Emerging Companies and Start-ups
Four Louisiana Tax Credits Start-Ups Should Keep Their Eyes On
Louisiana offers numerous business incentives to encourage development and growth in key industries and to promote economic development throughout the state. Tax credits are one such mechanism in which the state offers a below-the-line, dollar-for-dollar credit against the company’s tax liability. Many of Louisiana’s credits are both refundable and transferable. Transferability is important because it […]
- June 4, 2013
- By Clay Allen
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Maritime Casualty
Employers Not Entitled To Restitution Of Maintenance And Cure Benefits
The U.S. Fifth Circuit Court of Appeals recently released an opinion concerning a maritime employer’s obligation to pay maintenance and cure benefits. In Boudreaux v. Transocean Deepwater, Inc., 711 F.3d 501 (5th Cir. 2013), the Court tackled what it called a “novel” issue: whether a successful McCorpen defense automatically entitles an employer to restitution of maintenance and cure benefits […]
- June 3, 2013
- By Allen & Gooch
