Every few weeks, another news outlet reports that a wave of energy-related bankruptcy cases is on the way.  See links below if you need some examples.[1]  A recent decision in the Alta Mesa bankruptcy case about pipeline contracts has some important lessons for producers and midstream companies evaluating how future bankruptcy cases may affect their costs and revenue. Alta Mesa Holdings, LP filed an adversary proceeding against one of its major midstream partners,…

On June 15, 2020, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County, Georgia, holding that an employer who fires an individual based on the individual’s sexual orientation or gender identity violates the express terms of Title VII of the Civil Rights Act of 1964 (“Title VII”), which makes it unlawful for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to…

The Louisiana Governor has issued a proclamation that permits Louisiana to move to Phase 2, effective June 5, 2020. Restaurants and bars with food permits issued by the Louisiana Department of Health may open at 50% of its State Fire Marshal maximum capacity (including employees in the capacity count), an increase over 25% permitted in Phase 1. Restaurants may select any of three options for seating arrangements, which seating arrangements are identified as “active monitoring”,…

The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind.  Accordingly, the Louisiana Supreme Court has issued orders over the last several weeks to help the court system navigate through these challenging times.  Recently, Louisiana’s Governor, in Proclamation JBE 2020-58, lifted the Stay-at Home Order and modified the emergency provisions in consideration of the ongoing pandemic. In Proclamation JBE 2020-59, the Governor of Louisiana…

The Louisiana Governor and State Fire Marshal have issued updated guidelines that take effect on May 15, 2020. As of the time of this post, the New Orleans Mayor has not yet issued her formal proclamation, but references are made to those differences with State law that the Mayor has verbally communicated in press conferences. The following applies to restaurants, bars with Department of Health and Hospitals food permits, cafes and coffee shops: Those businesses…

For clients having operations in Louisiana which were affected by the recent Louisiana stay-at-home order (which expired May 14, 2020), the State Fire Marshal has released new phasing plan requirements as Louisiana moves into Phase 1 of reopening.  The link can be found here.  Guidance is broken down as follows: Outdoors sports Business/Organizations Fitness centers/health clubs Libraries Movie theaters Museums/zoos/aquariums Places of worship Restaurants Salons/barber shops These phasing requirements are in conjunction with Governor…

On May 13, 2020, the USCG published a Notice of Proposed Rulemaking advising of its intent to amend and update the regulations governing financial responsibility for environmental pollution under OPA 90 and CERCLA. Triggering these changes include a desire to close compliance gaps that cause untimely responses to oil spills due to operators failings to timely report certain changes relevant to financial responsibility. The USCG also aims to improve its ability to verify vessel compliance…