Yes, businesses are allowed to make campaign contributions in Louisiana. The limits vary depending upon the office being sought by the candidate to whom the business wishes to contribute. The limits (as of the date of this article) are set forth below. Individuals are subject to the same contribution limits.
Business and Corporate
FIRST CIRCUIT ADDRESSES ARBITRATION AGREEMENT
By Sonny Chastain on
On March 23, 2007, the Louisiana First Circuit addressed the validity of an arbitration agreement in Lafleur v. Law Offices of Anthony G. Buzbee, 2007 WL 858859 (La. App. 1st Cir. 2007). The opinion has not been released in permanent law reports and is still subject to revision or withdrawal.
The case arises out of a contract between Mr. Lafleur, a Louisiana resident, and his Texas attorneys, Jeffrey M. Stern and the firm of Stern, Miller, and Higdon. Mr. Lafleur retained the Stern defendants to pursue his maritime claim for personal injuries he sustained while traveling on a vessel in navigable waters off the coast of Louisiana. He executed an agreement with the Stern defendants which stated, “Any and all disputes, controversies, claims or demands arising out of or relating to this Agreement or any provisions hereof, the providing of services by the Stern defendants to Mr. Lafleur, or in any way relating to the relationship between the Stern defendants and Mr. Lafleur, whether in contract, tort or otherwise, at law or in equity, for damages or any other relief, made by or on behalf of Mr. Lafleur shall be resolved by binding arbitration pursuant to the Federal Arbitration Act in accordance with the Commercial Arbitration Rules then in effect with the American Arbitration Association.” It also provided “the expense of any arbitration shall be a Case Advance pursuing the claims” and that “Mr. Lafleur understands and acknowledges that Mr. Lafleur is waiving all rights to a trial by jury or a judge.”Continue Reading FIRST CIRCUIT ADDRESSES ARBITRATION AGREEMENT
COMMERCIAL LEASES: EXCLUSIVE AND PROHIBITED USE CLAUSES
By Kean Miller on
Most commercial leases for multi-tenant properties contain clauses which regulate the tenants’ use of the leased premises. Many tenants will require a landlord to grant the tenant the exclusive right to operate a certain business or sell a certain product to avoid competing with other tenants. These provisions are appropriately referred to as exclusive use clauses. For the landlord to satisfy its obligations under an exclusive use clause of one lease, the landlord is required to incorporate provisions in its other leases prohibiting the other tenants from using the leased premises for the restricted purpose. These clauses are commonly referred to as prohibited use clauses.
Continue Reading COMMERCIAL LEASES: EXCLUSIVE AND PROHIBITED USE CLAUSES
IS A CHANGE IN THE NATIONAL LABOR RELATIONS ACT ON THE HORIZON?
By Edward Hardin on
Posted in Business and Corporate, Labor and Employment Law
On March 1, 2007, the United States House of Representatives passed the “Employee Free Choice Act of 2007.” The bill passed by a 56 vote margin. The bill was sponsored by Rep. George Miller (D) of California. Louisiana Reps. William Jefferson (D) and Charlie Melancon (D) were two of the bill’s 233 co-sponsors. Only seven House Republicans joined as co-sponsors. Thirteen Republicans joined House Democrats in voting for the bill, and two Democrats voted against it. Sen. Ted Kennedy (D) of Massachusetts is expected to introduce similar legislation in the Senate. Sen. Mitch McConnell (R) of Kentucky pledged to fight the bill. Pres. George Bush is expected to veto the bill should it pass the Senate.
So what is the Employee Free Choice Act of 2007? What’s the big deal?
The Employee Free Choice Act of 2007 amends the National Labor Relations Act (which was last amended nearly 70 years ago) and provides new, more relaxed, rules for the selection of an employees’ collective bargaining representative (i.e., unions).Continue Reading IS A CHANGE IN THE NATIONAL LABOR RELATIONS ACT ON THE HORIZON?
NON-PROFIT ORGANIZATIONS SHOULD PROCEED WITH CAUTION WHEN ENGAGING IN MONEY MAKING OPERATIONS
By Kean Miller on
Posted in Business and Corporate, State and Local Taxation
It is not uncommon for 501(c)(3) non-profit organizations, large and small, to have money making opportunities during their existence. For instance, a larger non-profit organization may have a talented IT department that creates software to benefit the organization, but which can later be marketed to other organizations. In addition, a non-profit organization may receive a bequest of income producing property. Since 501(c)(3) non-profit organizations must be created and operated exclusively for charitable purposes, and not to generate profits, should these organizations ignore these opportunities and miss out on the income that could benefit their just causes, or can they take action? The short answer is that action can be taken but with caution.Continue Reading NON-PROFIT ORGANIZATIONS SHOULD PROCEED WITH CAUTION WHEN ENGAGING IN MONEY MAKING OPERATIONS
Construction Law Litigation Strategies
By Kean Miller on
Much of the time of a construction lawyer is spent assisting clients in finding solutions to the many problems that befall the typical construction project. These problems range from simple contract preparation and negotiation to the more fact-intensive work of constructive defect litigation, surety claims, liens, and payment issues. Each construction project, no matter how…
IRS Issues New Grantor Trust Ruling
On February 16, 2007, the IRS issued a formal ruling approving a sale of a life insurance policy to a grantor trust. This ruling is a rare formal ruling by the IRS in the grantor trust area. Grantor trusts, or intentionally defective grantor trusts, are used often in a variety of estate planning situations. Grantor trusts are typically used in estate planning situations where the parties want the income of the trust to be taxed to the grantor of the trust (the person who set up the trust) or where they want the grantor to be deemed to be the owner of the trust property for income tax purposes.
Continue Reading IRS Issues New Grantor Trust Ruling
Guidelines for Good Governance of Non Profits
By Kean Miller on
Posted in Business and Corporate
The Internal Revenue Service has released a draft of guidelines for good governance of nonprofit organizations. A discussion draft of the guidelines highlights a mission statement, code of ethics, whistle blower protections, conflicts of interest, due diligence, transparency, audits and compensation practices. A copy of the draft can be found on the…
Limited Liability of LLC Members Affirmed
By Linda Clark on
Posted in Business and Corporate
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.
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Business Briefing Seminar a Success
By Kean Miller on
Posted in Business and Corporate
On Friday, June 16th at Juban’s Restaurant, Kean Miller held its quarterly Business Briefing Seminar. Business and Corporate partner Dean Cazenave gave a very informative program entitled An Overview: Employment Agreements and Executive Compensation.
The program consisted of key provisions and pitfalls in drafting employment agreements for employers, and an overview of executive compensation…