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Louisiana Supreme Court Denies State’s Writ Application in Oil Severance Tax Dispute

In March, 2018 the Louisiana First Circuit Court of Appeal rendered a decision critical to how oil producers in Louisiana calculate and pay severance taxes. The taxpayer, Mantle Oil & Gas LLC, sold...

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Three Cheers for Constructive Use: Recent Case Demonstrates the Value of Filing a Trademark Application

Are you planning to start a new business? Or is your business planning to launch a new product or service? If the answer to either of these questions is “yes,” then filing an application now to...

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READ YOUR INSURANCE POLICIES! New Fifth Circuit Case Means You Might Be Required to Litigate Coverage in Another State

On March 9, 2018, the Fifth Circuit held that Louisiana law does not void a mandatory New York forum clause in a policy issued to a Louisiana policyholder covering property located in Louisiana.

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The Danger of Employee Misclassification and the Tax Cuts and Jobs Act

The new Tax Cuts and Jobs Act “TCJA” has raised numerous questions for employers, ranging from how to adjust employee withholding to how to take advantage of the new pass-through deduction. The...

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U.S. Fifth Circuit Refines and Simplifies Test to Determine Whether Contract Involving Oil and Gas Activities is a Maritime Contract

On January 8, 2018, the United States Fifth Circuit Court of Appeals issued an en banc decision “to adopt a simpler, more straightforward test” to determine “whether a contract for performance of...

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The Use of Testamentary Trusts to Carry Out Your Wishes

PART II of Effective Estate Planning for Married Couples

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Laissez Les Competition Rouler: How Louisiana’s Non-Compete Statute Can Lead to Challenges for Employers and Employees in Other Jurisdictions

A non-compete agreement is an agreement between an employee and the employer in which the employee agrees not to work for a competitor for a specific period immediately after leaving the current...

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Expiring Covenants, Conditions, and Restrictions…Oh My!

A large percentage of residents throughout Florida reside within communities that are subject to covenants, conditions, and restrictions that are usually enforced through a home owner’s...

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Why Your Hurricane Preparation Plan Should Include a Force Majeure Review

As one of the costliest hurricane seasons on record comes to an end, the Gulf Coast is reminded of the importance of assessing vulnerabilities and allocating risks before an event occurs. Along...

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Plaintiffs’ Attorneys “Discover” the Fair Labor Standards Act

Although enacted into law in 1938, the Fair Labor Standards Act (“FLSA”) was for many years something of an afterthought in employment law. In mid-century, the National Labor Relations Act, with...

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