Kean Miller is pleased to announce that 12 lawyers, formerly in the Admiralty & Maritime, Construction, and Energy practice areas with Lemle & Kelleher, have joined the firm in the New Orleans office.

“We are very excited to welcome these distinguished attorneys to our law firm. They are an outstanding resource for our clients. Our offices are located in Louisiana’s major port cities — New Orleans, Baton Rouge and Lake Charles — and this esteemed group brings over 150 years of combined experience in maritime issues, admiralty law, marine insurance, oil & gas, drilling and exploration, pipelines, construction, and energy law to our clients.” said Gary A. Bezet, managing partner of the 121-lawyer firm. Continue Reading Kean Miller Adds 12 Attorneys in Admiralty & Maritime, Construction, and Energy Practice Groups – New Orleans Office Triples in Size

The Third Circuit seems to think that shareholders of corporations that elect to be taxed as S Corporations have no limited liability. The good news is that the bizarre language to this effect is not relevant to the decision and therefore should not be treated as governing law or given any precedential value. Continue Reading Coffin Nailed Shut – No Limited Liability for S Corporation Shareholders

A recent Third Circuit decision joined the long and growing list of cases supporting the Single Business Enterprise Theory exception to the long standing principle that corporations are separate and distinct legal entities apart from their shareholders and affiliated companies. Continue Reading One More Nail in the Coffin – The Single Business Enterprise Theory Rides Again

The Louisiana Supreme Court addressed the enforceability of an arbitration agreement in Aguillard v. Auction Management Corporation. In this action, defendant Gilmore Auction & Realty Company conducted a public action of certain real estate property. Prior to the auction, a sales brochure was distributed to prospective bidders. Continue Reading Louisiana Supreme Court Addresses Arbitration Agreements

The U.S. Food and Drug Administration (FDA) announced on January 18, 2006 that it is issuing final regulations making a “major revision” to the format of prescription drug information. Among other things, the rule revises the current regulations to require that the prescribing information of new and recently approved products includes “Highlights” of the prescribing information and a table of contents for the full prescribing information. View the announcement. This new “Highlight” procedure is designed to make the product warnings and package inserts easier to read and understand, both by prescribing physicians and by patients. Continue Reading Federal Preemption of State Pharmaceutical Product Liability Tort Law – The FDA Speaks Out

The CityBusiness reports in an article yesterday (“N.O. Jury Trials Could Return in March”) that Orleans Criminal Court Chief Judge Calvin Johnson says that criminal jury trials will resume in March 2006, and the first post-Katrina grand jury could be convened in February.

This contrasts sharply with the prospects for civil jury trials, according to an article from the Gannett News Service, http://www.thenewsstar.com/apps/pbcs.dll/article?AID=/20060116/NEWS01/601160310/1002 entitled “Courts Sag Under Katrina Suits.” Continue Reading Civil/Criminal Jury Trials in Orleans Parish

As cleanup from Hurricane Katrina and its aftermath progresses, the Air & Waste Management Association is proud to announce that its 99th Annual Conference & Exhibition will take place in New Orleans as originally scheduled, June 20-23, 2006. With the theme, “Healthy Environments: Rebirth & Renewal,” the conference is expected to bring nearly 3000 of the world’s leading environmental professionals to New Orleans.

In addition to the program tracks that attendees are accustomed to, the conference will feature a special session devoted to waste management responses to Hurricane Katrina, focusing on the analysis, transportation, disposal, and cleanup of debris and potentially contaminated soil and sediment. Papers also will address environmental readiness to aid in responses to future natural disasters. Also featured at the conference:

*The Keynote Program, with a presentation by Shell Oil Company President John Hofmeister on the company’s plans for energy diversification;
*A symposium dedicated to Particulate Matter and Health;
*An Exhibition on the latest technologies used in the Katrina cleanup, as well as other environmental products and services; and
*More than 160 sessions covering a range of air, environmental, and waste issues. Continue Reading New Orleans to Host Air & Waste Management Association’s 99th Annual Conference & Exhibition in June 2006

The annual gift tax exclusion for the federal gift tax has increased to $12,000 for 2006. The annual exclusion had been $11,000. The annual exclusion is the amount any individual can give another individual per year without triggering a taxable gift for federal gift tax purposes. Continue Reading Annual Gift Tax Exclusion Increased for 2006

Employers relying on e-mail correspondence to notify employees of benefit changes or other alterations in the terms and conditions of employment should take note of a decision in the Federal First Circuit Court of Appeal, decided May 23, 2005. Continue Reading E-mail Arbitration Notice Insufficient to Bar ADA Suit

In La. R.S. 23:921, Louisiana law states every contract or agreement or provision thereof by which anyone is restrained from exercising a lawful profession, trade, or business, of any kind, except as set forth in this Section shall be null and void. It is the Legislature’s way of making the general statement that the state of Louisiana wants people working. Continue Reading Geographic Scope of the Non-Compete Statute in Louisiana