By: Jessica C. Engler Outsourcing of basic business functions is increasingly popular. While businesses would once perform data management in-house and rely on their on-site server infrastructure to store data, businesses today are frequently turning to cloud storage providers and other third-parties to hold and manage data. These third party vendors are frequently charged with holding sensitive personal information, such as protected health information, social security numbers, and payment card information, supplied to them by…

By David Nelson and Beau Bourgeois In humanity’s never ending quest for perfection, being close to perfect is still failure. If you grew up playing sports you undoubtedly heard a grizzled coach disgustedly say, “[c]lose only counts in horseshoes, hand grenades and atomic warfare.” However, under the Doctrine of Substantial Performance (and the related “Economic Waste” theory), construction projects may be another example of when close is good enough. At its core a construction contract…

By Ben Jumonville A decision handed down by Louisiana’s Third Circuit Court of Appeal on February 21, 2019, is the first reported case to examine the remedy granted to oppressed shareholders by the Louisiana Business Corporation Act (LBCA), which became effective in 2015. The LBCA introduced in Louisiana a version of what is known as the “oppression remedy,” which entitles a shareholder to withdraw from the corporation and force it to buy all of their…

By: G. Trippe Hawthorne and Beau Bourgeois On April 23, 2019, by a vote of 94-0, House Bill 273, which is an overall update and revision to Louisiana’s Contractor’s Licensing Law, passed out of the Louisiana House of Representatives.  The reengrossed version of the bill, including amendments made in the House Committee on Commerce and  those made on the House Floor is available here. The bill was introduced and read in the Senate on…

By: G. Trippe Hawthorne On May 8, 2019, by a vote of 91-0, House Bill 203, which is an overall update and revision to Louisiana’s Private Works Act, passed out of the Louisiana House of Representatives.  The reengrossed version of the bill, including amendments made in the House Committee on Civil Law and Procedure and  those made on the House Floor is available here. The bill was introduced and read in the Senate on May…

By A. Edward Hardin, Jr. As was previously reported, in March, a Federal District Judge in Washington D.C. lifted a stay on the EEOC’s collection of pay data (known as “Component 2” data) from employers with EEO-1 reporting obligations.  The EEOC has now spoken regarding its collection of Component 2 data and stated that covered employers will be required to submit Component 2 data for both calendar years 2017 and 2018 by September 30, 2019. …