On October 16, 2008, the Kean Miller Diversity Council will present the second-annual Louisiana Diversity Forum at the Hilton Baton Rouge Capitol Center. The Louisiana Diversity Forum provides a platform for distinguished guest speakers to provide their own insights and ideas on diversity-related topics. The 2007 Louisiana Diversity Forum attracted over 100 attendees from business, industry, educational, and governmental sectors. Speakers included diversity professionals and presenters from Shell Oil Company, The Shaw Group, Chevron Corporation, the EEOC, Louisiana State University, Southern Unviersity, and the Baton Rouge Area Chamber.

The 2008 Louisiana Diversity Forum will feature speakers from academic institutions, industry, education, business, the arts, and government, including:

  • Dr. Charles Tolbert, Baylor University and Strategic Demographics
  • Alison Anthony, Chief Diversity Officer, The Williams Companies
  • Dr. Charlotte Placide, Superintendent, East Baton Rouge Parish School System
  • Jacqui Vines, CEO, Cox Communications
  • Charles Patin, Partner, Kean Miller, School Desegregation Expert
  • R. Fenimore Fisher, Senior Director of Employment Analysis, Wal-Mart Stores
  • Kristin Sosnowsky, Swine Palace Productions
  • Melvin J. “Kip” Holden, Mayor-President, Parish of East Baton Rouge
  • Dr. John S. Butler, University of Texas IC2 Institute and the Herb Kelleher Center for Entrepreneurship
  • Mr. James L. “Jim” Sacher, Regional Attorney, Equal Employment Opportunity Commission
  • Dr. Christel C. Slaughter, Partner, SSA Consultants

The 2008 Forum will explore ideas and actions that can help put diversity and inclusion to work for businesses, educational institutions, and governmental and administrative bodies. For more information, or to sign up for our 2008 Louisiana Diversity Forum mailing list, please contact Steven R. Boutwell at 225.389.3736 or steve.boutwell@keanmiller.com

Diversity at Kean Miller:

Kean Miller, a leader among law firms in creating opportunities for women and minority attorneys, is one of three 2008 recipients of the Chevron Corporation Law Function’s Law Firm Diversity Recognition Award. The award program, started in 2005, recognizes Chevron’s law firm partners who have distinguished themselves by demonstrating their commitment to diversity in the legal profession and by fostering an inclusive work environment. From its inception, Kean Miller has recognized the value of diverse ethnic, cultural and racial backgrounds to the balance and success of the firm. Kean Miller is committed to promoting a culture of inclusion, not only within the firm, but in the communities where its attorneys and staff live and work. The best evidence of this commitment is found in the firm’s statistics: Kean Miller has one of the highest percentages of women lawyers and women partners of any major law firm in the United States; Kean Miller ranks among Louisiana firms having the highest percentages of minority attorneys; currently the firm has 38% women lawyers and 11% minority lawyers; among partners, 27% are women and 8% are minorities; currently 20% of the firm’s administrative management, 10% of legal assistants, and 13% of firm staff and support services are minorities.

About Kean Miller:

With 125 lawyers, Kean Miller serves the legal needs of Louisiana businesses and Fortune 500 companies with significant operations in the Bayou state. The firm maintains offices in Baton Rouge, New Orleans, Lake Charles and Plaquemine, Louisiana. The firm serves clients in numerous industries including energy, petrochemical and chemical, technology and telecommunications, transportation, media and advertising, financial services, insurance, gaming, government and education, health care, manufacturing, real estate, retail, construction, and leasing.

The firm combines the talent and expertise of its lawyers into multidisciplinary client and industry teams. These teams are comprised of seasoned legal professionals from a variety of disciplines who are equipped to identify legal and business needs and to develop superior service strategies that provide unmatched support to the client.

I.  LDEQ Recently Issued Proposed Rule Pursuant to Louisiana Mercury Risk Reduction Act to Reduce Use of Mercury-Containing Products and to Force Proper Disposal or Recycling of Mercury-Containing Products

In the August 2008 publication of the Louisiana Register, the Louisiana Department of Environmental Quality (“LDEQ”) issued a proposed rule that will supplement the procedures and requirements set forth in the Louisiana Mercury Risk Reduction Act (La. R.S. 30:2571–2588) for manufacturers of mercury-added products offered for sale, users of mercury-added products in drinking water and wastewater treatment systems, and dismantlers of end-of-life productions that contain mercury-added products within Louisiana (hereinafter “Proposed Rule”). See, La. Admin. Code Tit. 33, §§ 2701, 2703, 2705, 2707, 2709, 2711, 2713, 2715, 2717, 2719, and 2721 (2008). The Proposed Rule was published after the LDEQ’s consideration of numerous comments received in response to a rule published by the LDEQ in the December 2007 Potpourri Section of the Louisiana Register.

The Louisiana Mercury Risk Reduction Act was enacted in June 2006. The law was the first of its kind and provided the LDEQ with the authority to regulate mercury-added products and also gave the LDEQ the authority to handle unregulated mercury sources. The stated intent of the Louisiana Mercury Risk Reduction Act was to “achieve significant reductions in environmental mercury by encouraging the establishment of effective state and local waste reduction, recycling, and management programs while encouraging non-mercury alternatives.” La. R.S. 30:2571(C).

Continue Reading Louisiana Mercury Risk Reduction Act – Proposed Rule Released by LDEQ

Property taxes in Louisiana are based on the fair market value of taxable property. The assessors make the fair market value determination based upon the status and condition of property as of January 1 of each tax year. Certain types of immovable property are generally revalued every four years; however if market conditions suggest changes in fair market value, adjustments can be made during the four year cycle. Most equipment and personal property is valued annually. La. R.S. 47:1978 and La. R.S. 47:1978.1 provide relief provisions for property owners that sustain damage after January 1 due to flooding or a natural disaster.

Continue Reading Property Owners with Hurricane Gustav Damage Entitled to Reduced Property Tax Assessments

According to a news release, the Louisiana Department of Economic Development (LED) has established new resources for hurricane-affected businesses in Louisiana.

The LED Business Recovery Call Center was activated on September 8th and offers recovery-related resources for businesses needing help in the aftermath of Hurricane Gustav. The call center can be reached at 1-877-610-3LED (3533). Information on business’ recovery needs will be collected from callers, and LED will send alerts on new programs and resources as they are available.

LouisianaForward.com has also been refreshed with updated business assistance links.  Interested businesses can sign up for email alerts about assistance.

The Office of Inspector General issued Advisory Opinion No. 08-10 on August 19, 2008 regarding a proposal for a physician group practice to lease a facility owned by the practice on a part-time basis to other physician groups for the groups to provide certain radiation therapy treatments to their patients. The physician group practice that owns the facility had requested this advisory opinion from the OIG on whether the OIG considers the proposed part-time (i.e., block) leases of the facility to other physician groups would generate prohibited remuneration under the Federal anti-kickback statute. 

 

Continue Reading OIG Issues Advisory Opinion on Proposed Block Lease of Free-Standing Cancer Treatment Center

A number of construction industry trade groups or associations, such as the American Institute of Architects (AIA) and the Design-Build Institute of America (DBIA), among others, have developed a variety of “standard form” construction contracts that have been used in the industry for many years, and are periodically updated. When engaging an architect or contractor, many owners are requested to sign these standard form agreements.  

Continue Reading Using and Modifying Industry Form Construction Contracts

“Someone is using my photos and website design on the internet without permission. What can I do?” These questions arise more and more with the increased use of the internet in business. The technical answer is that you have a potential claim for copyright infringement. Filing a federal lawsuit under the Copyright Act, however, is not a realistic option for many businesses, particularly when monetary damages may not be at issue. The goods news is that with the enactment of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C 512, victims of internet copyright infringement now have a more practical option for achieving the desired result – removing the infringing material from the internet – without filing a lawsuit.

Continue Reading Stopping Internet Copyright Infringement Short of Filing Suit

Did you know that an employer may be liable for failure to properly screen employees when such failure results in hiring someone that has a history of violent or criminal acts? Louisiana recognizes claims against an employer that hires an employee with dangerous propensities when that employee injures third persons at work. An employer may be liable for negligent hiring if it knew or should have known that the employee posed a threat to others. Similarly, an employer is liable for negligent retention when it continues to employ an employee knowing of his dangerous propensities.

Continue Reading Negligent Hiring

In Sher v. Lafayette Insurance Co. (La. 2008), an apartment unit was flooded when levees failed immediately following Hurricane Katrina. The insurer inspected the property to determine the amount of covered loss and concluded that most of the building’s damage was due to poor maintenance, disrepair, and flooding. Checks totaling slightly more than $2,700 were tendered but rejected. Although the term “flood” was not defined in the policy, the Louisiana Supreme Court rejected the argument that the definition depended on whether the event resulted from a natural disaster or a man-made one, instead focusing on the prevailing meaning of the word “flood,” i.e., the overflow of a body of water causing a large amount of water to cover an area that is usually dry. Accordingly, the court did not find the term ambiguous, and found that the levee breaches were covered by the flood exclusion.

Continue Reading Water From Broken Levees Falls Within Insurance Policy Flood Exclusion

In Landry v. Louisiana Citizens Property Insurance Co. (La. 2008), the Louisiana Supreme Court rejected a homeowner’s breach of contract claim against the insurer for failure to pay the face value of the policy after their house was totally destroyed by Hurricane Rita. The parties did not dispute that the insurance in question covered any loss caused by wind and rain, and that the policy specifically excluded damages caused by flood waters. Even so, the homeowner claimed that Louisiana’s statutory law (R.S. 22:695) obligated the insurer to pay the face value of the policy. The insurer responded, asserting several defenses, including damages caused by flood, high tides, and storm surge. The statute in question was the Louisiana Value Policy Law (R.S. 22:695), that sets forth the methodology to compute loss and that its provisions are not altered due to concurrently causing damages, even if one of such damages is not covered.

Continue Reading Louisiana Value Policy Law Does Not Control Amount of Insurance Loss