The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the
Kean Miller
RMP Amendment Rule At Odds with OSHA Review Commission BP Husky Decision
By Kean Miller on
Up-to-date Process Safety Information
When originally adopted in 1996, the Environmental Protection Agency (EPA) adopted
“the requirements of the OSHA PSM Standard, 29 CFR 1910.119(c) through (m) and (o), with minor changes to address statutory differences. This makes clear that one accident prevention program to protect workers, the general public, and the environment will satisfy …
A Way to Earn More? The Risks in Earnout Provisions
By Kean Miller on
Posted in Business and Corporate
A potential purchaser of a business and a corresponding seller often disagree on the value of the business, particularly in regard to sales projections. The purchaser may attempt to entice the seller with what it believes is a fair compromise – accepting the perceived over-inflated price asked for by the seller, but paying only a…
Jones Act Employer on Hook For Unnecessary Maintenance and Cure Payments
By Kean Miller on
Posted in Admiralty and Maritime, Louisiana in General
In In the Matter of 4-K Marine, No. 18-30348 (5th Cir. Jan. 30, 2019) the U.S. Fifth Circuit held that the owner of a stationary, “innocent” vessel is not entitled to reimbursement of the medical expenses of an employee who fraudulently claimed his preexisting injuries resulted from an allision. In June 2015, the M/V…
Will Your Business be Considered an Online Service Provider?
By Kean Miller on
Posted in Data Security and Privacy
By the Data Security & Privacy Team
Introduced by Senator Brian Schatz (D-HI), the ranking member of the Communications Technology Innovation and Internet Subcommittee of the United States Senate, the Data Care Act of 2018 (the “Act”) seeks to enact Federal privacy legislation that will incentivize “online service providers” to protect certain types of personal…
2017 RMP Amendments Now In Effect
By Kean Miller on
Posted in Environmental Litigation and Regulation
On December 3, 2018, the EPA published a final rule in the Federal Register (83 FR 62268) making the 2017 amendments effected as of that day. In doing so, the EPA noted that it had no discretion in the matter as the U.S. Court of Appeals for the District of Columbia Circuit Court issued its…
Wow! Proposed Jail Time for Failing to Protect Consumer Data
By Kean Miller on
Posted in Data Security and Privacy
By the Data Security & Privacy Team
On November 1, 2018, Senator Ron Wyden, a democrat from the state of Oregon, introduced a bill that attempts to create a stronger consumer privacy act.[1] The draft legislation, referred to as the Consumer Data Protection Act, SIL18B29 (the “Bill”), amends and increases the powers of the…
Update on Data Breach Class Actions
By Kean Miller on
Posted in Data Security and Privacy
By the Data Security & Privacy Team
While an ocean away, supermarket Morrisons’ loss in the United Kingdom’s appellate court should act as a warning to all United States-based and international companies. On October 22, 2018, Morrisons lost its recent appeal in a landmark high-court ruling, being held vicariously liable for a former employee, Andrew…
Class Actions for Data Security Breaches Are Just Across the Atlantic
By Kean Miller on
Posted in Class Action, Data Security and Privacy
By the Data Security & Privacy Team
Adding publicity to the recent string of security breaches, Gemalto’s Breach Level Index released information on October 9, 2018 stating that for the first half of 2018, approximately 291 records were stolen or exposed every single second.[1] Gemalto estimates that 945 data breaches led to the release…
October Declared Cybersecurity Awareness Month
By Kean Miller on
Posted in Data Security and Privacy, Louisiana in General
By the Data Security & Privacy Team
On September 27, 2018, Gov. John Bel Edwards declared October to be Cybersecurity Awareness Month in the State of Louisiana, signing a Proclamation in front of members of the Louisiana Cybersecurity Commission. By signing this Proclamation, Gov. Edwards is simultaneously kicking off a Cybersecurity Awareness Campaign promulgated by…