Category: Business Law

Louisiana Non-Disclosure Agreements: Confidentiality is extremely important in the corporate world.  Business plans, customer lists, marketing strategies, plans for a new product, pricing plans, proprietary processes, trade secrets, and other information that gives the company a competitive edge are examples of confidential information that is subject to non-disclosure agreements.  Businesses can preserve their creative ideas and strategic benefits and get a clear competitive edge in the market by being able to keep private information secret. What is a Non-Disclosure Agreement? A non-disclosure agreement (NDA) is a formal contract that allows one party to share private information with another party.  It

Enforceability of Non-Compete Agreements in Louisiana: Non-compete agreements, also known as restrictive covenants, are used by employers all over the country to stop workers who leave or who are fired from working for a rival company or launching a rival venture.  Non-compete clauses are intended to assist businesses in preventing former managers, staff members, or other individuals with a unique connection to the business from engaging in business competition. Because non-compete clauses often prohibit someone from “exercising a lawful profession, trade, or business of any kind,” they are discouraged in Louisiana.  As a result, unless they fall under one of

Buy-Sell Agreements: Owners of closely held businesses may not think about what will happen when a co-owner wants to sell his or her interests in the business, unexpectedly passes away, files for bankruptcy, or goes through a divorce.  If you don’t know what would happen to your business and its ownership in one of these situations, you should consider a buy-sell agreement or amending your existing business documents.  Afterall, preparation and planning are essential to sustaining any business.  These situations do not need to disrupt your business operations.  Buy-sell agreements allow owners to avoid costly commercial litigation while preserving their involvement in

Will Your Business Interruption Insurance Cover Your COVID-19 Losses? As businesses continue to shut down across Louisiana and the nation in response to city and state “stay at home” orders, business owners are worried about whether this public health disaster is covered under their business interruption insurance protection plans.  If they listen to their insurance agents or the many media articles on the topic, they probably think they are out of luck.  However, business owners have nothing to lose by filing a claim to test the waters, and if that claim is denied they always have the option to file

Some Maritime Building Materials are Tax Exempt: Plaintiff’s drilling barge caught fire causing extensive damage. Repairs were made at a cost of $11 million. Under La. R.S. 47:305.1(A), taxes imposed shall not apply to sales of materials, machinery, and equipment which become component parts of a vessel of fifty tons and over, if the vessel is built in Louisiana. Further, a tax exemption applies to construction or reconstruction, but not to the replacement of worn components. Louisiana law also provides that the exemption applies if the reconstruction restores the vessel to seaworthiness following its destruction by sinking, collision, or fire. Plaintiff relied on

No Whistleblower Protection for Internal Complaint: Plaintiff brought suit against her former employer under Louisiana’s Whistleblower Statute, alleging that she was wrongfully terminated for reporting unsafe work equipment to management and corporate headquarters. Defendant filed an exception of no cause of action, arguing that plaintiff was terminated for failing to follow the proper procedure of reporting the unsafe condition, and that plaintiff did not engage in protected activity under the Whistleblower Statute. Plaintiff argued that her termination was actually in retribution of reporting defendant’s violation of state law, which requires employers to provide reasonably safe employment for all employees. The

Is “Cost of Attendance Sufficient? In a civil suit brought by a former UCLA basketball player, it was alleged that the NCAA profited from the use of Plaintiff’s name and likeness in television broadcasts and video games. Plaintiff contended that because the NCAA enjoys contracts worth billions of dollars, athletes are entitled to a portion of the profits. The NCAA countered that college athletes are by definition amateurs, and further argued the commonly held belief that paying college athletes would transform collegiate athletics into something unrecognizable and render the athletes professionals. In 2014, the District Court for the Northern District

Design-Build Contracts Authorized for Tunnel Replacements: Louisiana state law prohibits design-build contracts unless an exception is made by the legislature.  The ban against design-build contracts stems from the thought that it gives too much power and money to a single firm, rather than having two or more firms design and build infrastructure projects separately.  However, proponents point out that such contracts often save time and money.  The Louisiana Senate and Governor Jindal agreed with the latter, leading the governor to sign into law Senate Bill 159. The obvious impact for New Orleans will be two new ferries replacing the aging