Louisiana’s Senate Bill 1, introduced during the recent 2024 Third Extraordinary Legislative Session, aims to establish specialized business courts in Louisiana through a state constitutional amendment. The bill seeks to amend the constitution and give the legislature the authority to create “specialized” courts. This proposed amendment must first receive two-thirds approval in both the Louisiana
Louisiana
Louisiana Remote Sellers Commission Issues Estimated Notices of Assessment and Notices of Intent to Assess With Rapidly Approaching Appeal Deadlines
If you are a remote seller selling into Louisiana, but not collecting tax on those sales because your activities are below the filing and remittance threshold, watch your mail! The Louisiana Sales and Use Tax Commission for Remote Sellers (the “Remote Sellers Commission”) issued approximately 7,000 notices, dated on or about August 15, 2024, via…
Should I Stay Or Should I Geaux (By Dismissal)? The Louisiana First Circuit Court of Appeal’s Latest Application of Arbitration Clauses in Crosby
In Crosby, as the Trustee of Aaron Guidry Trust and Trustee of the Lauren Guidry Trust, Guidry and Guidry v. Crosby Enterprises, LLC, Crosby Dredging, LLC, Tala Air Logistics, LLC, Crosby Holding, LLC, Crosby, Trosclair, and Dufrene, 2023-1338 (La. App. 1 Cir. 8/9/24), 2024 WL 3733158, — So.3d —. a five judge panel of…
PERSONAL LIABILITY OF LOUISIANA BUSINESS OWNERS: Is Your Liability Really “Limited”?
Louisiana business owners often form corporations and LLCs in Louisiana with the assumption that they cannot, as owners of these companies, be held personally liable for any debts or liabilities related to these companies or their operations. Although Louisiana law provides a general rule of non-liability for these business owners, there is no absolute protection…
Federal Court Foreclosure on Real Estate
In this final part of our discussion of the foreclosure process on commercial real estate in Louisiana, we are detailing the procedures involved in foreclosing on property in Louisiana utilizing federal court mechanisms. Similar to ordinary process foreclosures, foreclosure in federal court involves instituting a lawsuit against the mortgagor asking that the court recognize that…
Louisiana to Extend COPPA-esque Parental Permission Requirements for Social Media Use
When President Joe Biden expressed his concerns about children’s Internet usage during his 2023 State of the Union address, Louisiana certainly agreed with that concern. On June 8, 2023, the Louisiana legislature enrolled for Governor John Bel Edwards a bill intended to extend parental consent requirements on social media use by children under the age…
Court Finds that Addressing Cumulative Impacts of Air Toxics Required for Air Permitting in Louisiana
The 19th Judicial District Court in Baton Rouge, Louisiana issued a decision on September 14, 2022, vacating a proposed industrial facility’s permit issued by the Louisiana Department of Environmental Quality (“LDEQ”) and finding that LDEQ violated the federal Clean Air Act and its duty under the Public Trust Doctrine.[1] Although the decision concerns…
Construction Contractors Beware: Modifications Made to Certain Time Periods Under the Louisiana Public Works Act in the 2022 Legislative Session
The Louisiana Public Works Act (“LPWA”), La. R.S. 38:2241, et seq., protects the rights of contractors and others relating to the construction of public works projects for the state, any of its boards, agencies, and political subdivisions. August 1, 2022 not only marks the beginning of the end of summer 2022, but also the…
From a Louisiana Notary Far Far Away…
Currently, 29 states permit some form of remote online notarization (RON) and Louisiana is (almost) one of them.[1] House bill 274 of the 2020 regular session of the Louisiana State Legislature was signed into law on June 11, 2020. HB 274, among other things, permits the use of remote online notarization in Louisiana. However,…
COVID-19 and OPEC are Having a Major Impact on E&P-Related Finance, Acquisitions, and Bankruptcies
The recent OPEC/COVID-19-related drop in energy prices may soon set off a tidal wave of energy-related bankruptcies. Funding for exploration and production (“E&P”) companies is much harder to find, and much more expensive, than it was just a few weeks ago. Reserve reports that might have been at “concern” status at year end will be…