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New Orleans City Planning Commission to Study and Make Recommendations...
With the revamp of the residential short-term rental regulations passed recently, the New Orleans City Council has turned its attention to commercial short-term rental (“CSTR”) regulations. The City...
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Jack Daniels Tames the Pooch – SCOTUS Reverses 9th Circuit in Trademark...
Images from Opinion of the Supreme Court of the United States. On June 8, 2023, the United States Supreme Court unanimously ruled in favor of Jack Daniel’s in the case of Jack Daniel’s Properties,...
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Louisiana to Extend COPPA-esque Parental Permission Requirements for Social...
When President Joe Biden expressed his concerns about children’s Internet usage during his 2023 State of the Union address, Louisiana certainly agreed with that concern. On June 8, 2023, the Louisiana...
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Lawful and Reasonable: Federal Energy Regulatory Commission’s Approval of...
On Tuesday, May 16, 2023, the D.C. Circuit denied in part and dismissed in part a petition for review filed by environmental groups, the Center for Biological Diversity, and the Sierra Club...
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Sanctions Handed Down to Lawyers Who Cited Fake Cases, Relying on ChatGPT
United States District Court Judge P. Kevin Castel issued an opinion on June 22, 2023, imposing sanctions and other penalties on the attorneys who relied on the artificial intelligence application,...
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Louisiana Tax Developments – The 2023 Regular Legislative Session
Because it was a fiscal session, the Louisiana Legislature enacted a number of key tax changes in the 2023 Regular Session that concluded on June 8, 2023. Below you will find the important substantive...
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Billers Catch a Break – Supreme Court Pushes Back on Government’s Use of...
On June 8, 2023, the U.S. Supreme Court narrowed the reach of the aggravated identity theft statute, 18 U.S.C. § 1028A(a)(1). Criminal defense attorneys and federal prosecutors alike were anxiously...
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Latest Energy and Environmental Law Developments in the 2023 Louisiana...
The 2023 Regular Session of the Louisiana Legislature wrapped on June 8, 2023. During this session, the Louisiana Legislature enacted a number of bills in the energy and environmental sector of the...
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Defining America’s Wetlands: The Supreme Court’s Decision in Sackett v. EPA
On May 25, 2023, the United States Supreme Court ruled in favor of landowners seeking to build a modest home on “wetlands” in Sackett v. EPA. This ruling represents not only a clarification of a major...
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Property Taxpayers – Check your Proposed Assessments Before the Deadline!
The property tax “open rolls” period is here for Louisiana taxpayers. While this annual inspection period is important in any year, legislation which took effect in 2022 has altered the process of...
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Newest Amendment to Article 966 of the Louisiana Code of Civil Procedure...
The 2023 Regular Legislative Session’s enactment of HB 196 brings robust changes to Louisiana’s summary judgment procedure, set forth in Louisiana Code of Civil Procedure Article 966. The newest...
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The Fifth Circuit Reverses 27 Years of Title VII Jurisprudence
On August 18, 2023, in Hamilton v. Dallas County,[1] the United States Fifth Circuit Court of Appeals, sitting en banc, handed down a significant Title VII ruling that has far-reaching implications...
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Thaler v. Shira Perlmutter, et al.: The Intersection of Human Control Over...
This blog is an update to “Legal Issues with Using AI to Create Content – Written with Help from AI” by Devin Ricci on April 28, 2023 On August 18th, the United States District Court for the District...
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Louisiana Supreme Court Clarifies the Open and Obvious Defense in Farrell v....
For decades, the Louisiana Supreme Court has grappled with the “open and obvious” liability defense, making several attempts to determine its proper use within Louisiana’s duty-risk negligence...
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Louisiana Supreme Court Clarifies the Open and Obvious Defense in Farrell v....
For decades, the Louisiana Supreme Court has grappled with the “open and obvious” liability defense, making several attempts to determine its proper use within Louisiana’s duty-risk negligence...
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SEC Cybersecurity Reporting Requirements for Publicly Traded Companies Now in...
The digitization of our economy has streamlined company operations but has brought with it persistent, ongoing cyberattacks. Successful attacks disrupt business operations, are costly to remediate,...
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EPA, Corps Release New WOTUS Rule After Sackett, but More Regulatory...
The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water...
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Clarifying Contra Non Valentem: The Fifth Circuit Weighs in on Latent-Injury...
Most litigants in Louisiana know that the usual tort claim has a prescriptive period (i.e., statute of limitation) of one year. This one-year clock begins ticking from the day injury or damage is...
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Car Dealership’s Cyber Liability Policy Does Not Cover Losses Arising From...
A Louisiana car dealership’s Cyber Liability policy does not cover contractual reimbursements owed to a lender by that dealership following a “touchless” online vehicle purchase utilizing identity...
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OPA 90 or CERCLA? The U.S. Fifth Circuit Settles Which Applies to Mixed Oil...
The Oil Pollution Act of 1990 (known as “OPA 90”) and the Comprehensive Environmental Response, Compensation, and Liability Act (known as “CERCLA”) are two federal environmental laws with significant...
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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...
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The Supreme Court Agrees to Hear a Second Case Challenging 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)....
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Disarming the Nuclear Verdict: Louisiana and Texas Courts Curb Excessive...
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...
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Bankruptcy and Baseball: What Happens to Shohei Ohtani’s Record Contract if...
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...
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Louisiana Department of Natural Resources to Assume Primacy for Issuance of...
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...
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Bankruptcy and Baseball II: What Happens to Shohei Ohtani’s Record Contract...
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...
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U.S. Supreme Court Bolsters Choice-of-Law Clauses in Maritime Insurance...
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...
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Employers, Job Applicants, and Reports Potentially Impacting Unemployment...
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...
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Words Matter – Even in Construction: Louisiana Supreme Court Holds Architects...
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...
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Corporate Transparency Act Ruled Unconstitutional – What’s Next?
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...
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