As a business owner, one of the most important decisions of your business career is the decision to sell your business, and once you make the decision to sell, it can be a long and complicated process. To maximize the value of your business and to minimize obstacles and delays in getting to closing, you
Louisiana Law Blog
Insight and Information on Louisiana Law, Litigation, and Legal Culture
Federal Court Grants Nationwide Relief from Biden Administration Overtime Rule
Employers nationwide can breathe a collective sigh of relief. On Friday November 15, 2024, District Judge Sean D. Jordan of the federal district court for the Eastern District of Texas granted a motion for summary judgment finding that the Department of Labor’s 2024 Rule – that would have increased the minimum salary level required to…
Louisiana Senate Bill 1: A Step Toward Establishing Business Courts
Louisiana’s Senate Bill 1, introduced during the recent 2024 Third Extraordinary Legislative Session, aims to establish specialized business courts in Louisiana through a state constitutional amendment. The bill seeks to amend the constitution and give the legislature the authority to create “specialized” courts. This proposed amendment must first receive two-thirds approval in both the Louisiana…
When Defending Against an Adversary Proceeding in Bankruptcy Court, the Absence of Minimum Contacts with the Forum State Does Not Matter
Out-of-state defendants are sometimes surprised to learn that their lack of minimum contacts with the forum state is irrelevant if the lawsuit against them is filed as an adversary proceeding in a federal bankruptcy court. For example, a company or individual that has minimum contacts with the United States as a whole, but not with…
Common Issues with Maturing Mineral Leases
Mineral Leases in Louisiana are typically granted for a stipulated length of time, known as the primary term, and for so long thereafter as production in paying quantities continues. As production commences and a mineral lease is extended beyond its primary term, various common issues often arise, many of which are briefly discussed below:
Lease…
Federal Court Doesn’t Buy EPA’s Argument that eBay is a Seller; Marketplace Websites are Immune from Environmental Liability Under the Communications Decency Act
Late last month, the U.S. Eastern District of New York dismissed a suit by the U.S. Environmental Protection Agency (“EPA”) against eBay claiming that it sold products that are prohibited under federal environmental statutes.[1] The Court held that eBay is not a “seller” of prohibited products under either the Clean Air Act (“CAA”) or…
The U.S. 5th Circuit Broadens the Scope of the Louisiana Oilfield Anti-Indemnity Act (LOAIA)
In a case of first impression, the U.S. 5th Circuit recently held that the Louisiana Oilfield Anti-Indemnity Act (LOAIA) does not contain a universal well requirement.
Louisiana is only one of four states that has passed an oilfield anti-indemnity act. Enacted in 1981, the LOAIA renders “null, void and unenforceable” certain indemnification provisions in “agreement[s]…
Medicare: New Penalties for Failure to Report Effective October 11, 2024
As of October 11, 2024, entities responsible for reporting settlements, judgments or awards for Medicare beneficiaries face new monetary penalties if they fail to timely report these resolutions, activating a new final rule from December 2023.
The Medicare, Medicaid and SCHIP Extension Act of 2007 set forth mandatory reporting requirements, stating that responsible reporting entities…
Louisiana Remote Sellers Commission Issues Estimated Notices of Assessment and Notices of Intent to Assess With Rapidly Approaching Appeal Deadlines
If you are a remote seller selling into Louisiana, but not collecting tax on those sales because your activities are below the filing and remittance threshold, watch your mail! The Louisiana Sales and Use Tax Commission for Remote Sellers (the “Remote Sellers Commission”) issued approximately 7,000 notices, dated on or about August 15, 2024, via…
Swifties, Seamheads, and Senators Unite Around Fans First Act
For years, fans who want to see their favorite performers and teams have been faced with the luck of the draw or the challenge of negotiating the secondary ticket market. Therefore, ticket reselling is big business. The challenges encountered by fans purchasing tickets for Taylor Swift’s Eras Tour and the exorbitant resale prices for those…