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Maritime Casualty
US Supreme Court Uses “Substantial Nexus” Test to Determine Coverage
Circuit Split Resoved in Favor of “Substantial Nexus” In January 2012, the U.S. Supreme Court resolved a circuit split concerning the applicable standard for coverage under the Longshore and Harbor Workers Compensation Act (LHWCA) through the Outer Continental Shelf Lands Act (OCSLA) in Pacific Operators Offshore, LLP v. Valladolid, 132 S. Ct. 680 (2012). OCSLA […]
- February 11, 2012
- By John Hughes
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Employment Law & Litigation
Employment Law Developments
There have been many changes to long-established employment laws in the past year or so. In addition to the ‘big ones,’ like amendments to the ADA and FMLA, employers should be mindful of the lesser-known added protections afforded to employees. Here are a few: Health Care Reform to Create New Employment Law The Patient Protection […]
- October 25, 2010
- By Allen & Gooch
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Taxation
Hidden Tax Change In Health Care Bill
Hidden away in 23 lines of Section 9006 of the Patient Protection and Affordable Care Act (commonly referred to as the Health Care Bill) is a dramatic change in the IRS Form 1099 reporting requirements. At present, businesses must issue a Form 1099 to all independent contractors who perform $600 or more of work for […]
- May 17, 2010
- By Allen & Gooch
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Insurance & Casualty Litigation
Vast Litigation Against BP Likely in Deepwater Horizon Rig Disaster
Deepwater Horizon, BP Oil Spill The explosion of the Deepwater Horizon drilling rig off the coast of Louisiana resulted in a fire that sank the rig and caused a massive oil spill. Eleven rig workers are presumed dead and another seventeen others were injured. The spill is currently ongoing, spewing thousands of barrels of crude […]
- May 10, 2010
- By Allen & Gooch
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Employment Law & Litigation
Department Of Labor: Pay Requirements Of Summer Employees And Interns
Summer Intern? Summer Employee? DOL Sees a Difference The U.S. Department of Labor has recently offered new guidance about wage and overtime pay requirements for summer employees and interns. The DOL standards apply to private sector, ‘for profit’ employers. Interns who are more ‘employees’ than ‘trainees’ must generally be paid at least minimum wage, and […]
- May 7, 2010
- By Allen & Gooch
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Business Litigation
Court Of Appeals Rules On Valuation Of Minority Stock
Guidance on How to Value Minority Stock The Louisiana Third Circuit Court of Appeals recently clarified the valuation method available to minority shareholders who dissent to the valuation of their shares in a short form merger. In Duncan v. Moreno Energy, Inc., Third Circuit, No. CA 09-1033 (3/10/10), the minority shareholders of Moreno Energy Services, […]
- April 20, 2010
- By Allen & Gooch
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Employment Law & Litigation
Activated Reservist Employees Have Job Security
With the ongoing military conflicts in Afghanistan and Iraq, combined with recent natural disasters, American employers have been faced with the call up of many activated reservist employees for military duty. While the loss of those employees may require employers to make workplace adjustments, it is important to recognize that activated service members are afforded […]
- January 28, 2010
- By Allen & Gooch
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Employment Law & Litigation
Allowing Vulgar Language And Behavior In The Workplace Is Bad Business
Courts of Appeal have uniformly noted that legal protections against sexual harassment are not intended to establish a civility code for the workplace. In order to be actionable, sexual harassment must be severe or pervasive enough to alter the terms or conditions of employment, and it must be based on the sex of the employee. […]
- January 28, 2010
- By Allen & Gooch
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Employment Law & Litigation
Employment Law Eases Burden For Employees With Disabilities
Americans With Disabilities Act Protect Employees with Disabilities Since 1990, the Americans with Disabilities Act (ADA) has protected qualified individuals with disabilities from employment discrimination in the workplace. The ADA makes it illegal to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, […]
- January 28, 2010
- By Allen & Gooch
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Taxation
Louisiana Eliminates Capital Gains Tax On Sales Of Private Businesses
During the recently completely 2009 Regular Session of the Louisiana Legislature, the legislature passed, and Governor Jindal signed, legislation that excludes capital gains tax from individual state income taxes. The exclusion becomes effective for all taxable periods beginning on or after January 1, 2010, and applies to the sale of privately held companies domiciled in […]
- January 4, 2010
- By Allen & Gooch
