Last month, a federal district court in Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional.[1] The CTA, which took effect on January 1, 2024, requires an estimated 32 million entities to report personal information about their beneficial
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Words Matter – Even in Construction: Louisiana Supreme Court Holds Architects and Contract Administrators Have No Duty to Safeguard Injury of a Subcontractor Based Upon Contract Documents
Words are powerful. Being acutely aware of word choice and precise language in contracts is key to a successful agreement. Even in the world of construction, words matter as shown by the recent Louisiana Supreme Court case, Gustavo Bonilla v. Verges…
Employers, Job Applicants, and Reports Potentially Impacting Unemployment Benefits
Media outlets around Louisiana recently reported on a new program from the Louisiana Workforce Commission pursuant to which employers have the opportunity to report job applicants who are either no-shows for job interviews or who turn down job offers. Here…
U.S. Supreme Court Bolsters Choice-of-Law Clauses in Maritime Insurance Contracts: Putting the Presumption Back in Presumptive Enforceability
Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion…
Bankruptcy and Baseball II: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
Baseball superstar Shohei Ohtani recently agreed to a 10-year, $700 million contract with the Los Angeles Dodgers. While the headline number came as a shock to even sports business nerds like us, as always, the devil was in the details:…
Louisiana Department of Natural Resources to Assume Primacy for Issuance of Permits for Carbon Capture and Sequestration in Louisiana
On December 28, 2023, the United States Environmental Protection Agency (“EPA”) signed a final rule delegating primacy over the issuance and enforcement of permits for Class VI Underground Injection Control (“UIC”) wells under the Safe Drinking Water Act to the…
Bankruptcy and Baseball: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
The sports world is buzzing about Shohei Ohtani’s record-setting $700 million dollar contract with the Los Angeles Dodgers. As bankruptcy lawyers, we are abuzz thinking about the bankruptcy implications of Ohtani’s contract. Today’s blog post will discuss what type of…
Disarming the Nuclear Verdict: Louisiana and Texas Courts Curb Excessive Awards of General Damages to Personal Injury Plaintiffs
In today’s legal landscape, jury awards to personal injury plaintiffs are trending upwards. Studies show that “nuclear verdicts” are increasing in prevalence as jurors grow more critical of corporate defendants and are increasingly persuaded by provocative trial tactics from plaintiff…
The Supreme Court Agrees to Hear a Second Case Challenging Chevron Deference & Multiple Third-Party Groups File Amicus Briefs Asking the Court to Overrule Chevron Deference
Kean Miller is closely following the recent challenges to the Chevron Deference standard established by the Supreme Court in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984). As applied by federal courts for the last…
The Rise of Telehealth Fraud – A Look at Recent Federal Enforcement
In the wake of the COVID-19 pandemic, the rise of telehealth, and its subset, telemedicine, has been significant. Medical practitioners need to pay attention to the shifting telehealth landscape on topics such as licensing, exceptions to in-person care, acceptable electronic…