Linda Clark

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The second annual “Kean Miller Connection,” a 2-day law school prep program for college students, will be held May 15th and 16th at Kean Miller’s office in Baton Rouge.

The goal of the program is to “connect” participants with information helpful to their decision to attend law school and become a lawyer. Program details and eligibility requirements (including that each participant must be a member of a group traditionally underrepresented in law school and the law practice) can be found at http://www.keanmiller.com/docs/km_connection_information.pdf.Continue Reading Kean Miller Hosts Prep Program for College Students

Louisiana law prohibits arbitration clauses in “contracts of employment of labor.” In Wright v. 3P Delivery, LLC, 2007-683 (La.App. 3 Cir. 10/31/07) — So.2d —-, the court was asked to consider whether an arbitration clause in a contract requiring the plaintiff, an individual, to provide transportation services along with handling, loading and unloading of shipments for defendant, fell within this prohibition. The issue to be decided was whether the contract was one wherein the plaintiff provided service(s) to the defendant, thus making the arbitration clause valid, or was the contact one wherein the plaintiff provided labor to the defendant, thus rendering the clause invalid.
Continue Reading Statutory Prohibition Against Arbitration of Labor Contracts

The court in Petch v. Humble, 41,301 (La.App. 2 Cir. 8/23/06) 2006 WL 2422914, –So.2d– considered the limited scope of liability for members of a limited liability company. The plaintiffs in that case, property owners, sued a limited liability company that owned neighboring property and three members of the limited liability company. Plaintiffs claimed defendants negligently failed to obtain a stormwater permit before beginning to develop a subdivision and in failing to employ a stormwater pollution prevention plan, which allegedly resulted in damage to plaintiffs’ property.
Continue Reading Limited Liability of LLC Members Affirmed

Very often, contracts prohibit assignment without the other party’s consent. If you think you might ever want to assign a contract (bearing in mind that a merger or sale of the business can trigger assignment), then this kind of provision should generally be modified by adding that the other party’s consent cannot be unreasonably withheld, conditioned or delayed.
Continue Reading Withholding Consent to Assignment – What is Reasonable?

Parties often use a confidentiality agreement to protect against disclosure of trade secrets. Even without a confidentiality agreement, persons are prohibited from misappropriating other’s trade secrets under Louisiana law. But how much protection does a confidentiality agreement or Louisiana law really afford?
Continue Reading Understanding The Limits of Trade Secrets and Confidentiality Agreements