The substantial flexibility afforded by the limited liability company structure has made it an increasingly popular business entity choice. Indeed, most of the default provisions in the Louisiana Limited Liability Company Law, La. R.S. 12:1301, et seq. (the “La LLC Law”) may be altered or superseded by the articles of organization or operating agreement of
LLC
Louisiana Corporation Franchise Tax Extended to Non-Corporate Entities
The Louisiana Corporation Franchise Tax (“CFT”) has historically been imposed only on corporations. Thus, LLCs and partnerships have not been subject to the CFT. In the Special Session that ended last March, the Louisiana Legislature expanded the companies subject to the CFT to include non-corporate entities that elect to be taxed as corporations for federal…
The Louisiana Supreme Court Issues Strong Guidance about Manifest Error Standard: Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC
On December 8, 2015 the Louisiana Supreme Court attempted to clarify the manifest error appellate review standard. Hayes Fund for the First United Methodist Church of Welsh, LLC v. Kerr McGee Rocky Mountain, LLC, 2014-2592 (La. 12/8/15); — So. 3d –, pitted plaintiff mineral royalty owners against mineral lessee and working interest owner defendants…
Choice of Law Provisions: Cheap Insurance Against the Unpredictable
Choice-of-law provisions can be simple, single-sentence contract clauses that provide some certainty to disputes that may arise out of a contractual relationship. One such way that these clauses enhance the predictability of disputes is by limiting the remedies available to the parties to the contract to those available under the chosen law. This can be…
Colorado Supreme Court Upholds Termination of Employee for Off-Duty Medical Marijuana Use
In a much-anticipated decision, the Colorado Supreme Court issued a ruling on Monday upholding an employer’s decision to discharge an employee for his off-duty medical marijuana use.
In Coats v. Dish Network, LLC, a quadriplegic employee filed a wrongful termination suit against his former employer, claiming Dish Network violated Colorado’s “lawful activities statute” by…