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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
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Business Litigation
Investors Denied Right To Arbitrate Claims
Although Arbitration is Favored, Courts Will Not Allow Investors to Arbitrate Claims The United States Fourth Circuit determined that investors were not able to arbitrate claims against Raymond James Financial Services (RJFS) when they purchased fraudulent securities directly from Inofin, Inc. Raymond James Financial Services, Inc. v. Cary, 709 F.3d 382 (4th Cir. 2013). Investors were denied the […]
- June 3, 2013
- By Allen & Gooch
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Business Litigation
In Trademark Battle, the Struggle For The Red Soles Wages On
On March 8, 2013, the United States Court of Appeals for the Second Circuit released the latest opinion in a harshly fought legal battle between Christian Louboutin (“Louboutin”), the French footwear designer, and Yves Saint-Laurent, a direct competitor.Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc., 709 F.3d 140 (2d Cir. 2013). Christian Louboutin is […]
- May 24, 2013
- By Allen & Gooch
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Maritime Casualty
5th Circuit Addresses How Collateral-Source Rule Applies to “Cure”
In Manderson v. Chet Morrison Contractors, Inc., 666 F.3d 373 (5th Cir. 2012), the U.S. Fifth Circuit Court of Appeals recently addressed the application of the collateral-source rule when awarding a seaman with “cure.” The issue was one of first impression: whether a cure award should include the difference between the amount a seaman’s medical […]
- April 5, 2013
- By Allen & Gooch
