On May 8, 2019, the Louisiana Supreme Court held that insurance policies requiring litigation to be brought in another state, even if the policy was issued and covered losses occurring in Louisiana, are valid which could lead to major consequences for Louisiana insureds. In Creekstone Juban I, LLC v. XL Insurance America, Inc., the Supreme… Continue reading LEGAL UPDATE: Louisiana Supreme Court holds that Forum Selection Clauses In Louisiana Insurance Policies Are Enforceable
Businesses often carry general liability insurance, which covers property and content damages. Insurance policies are negotiated and are reviewed as an ordinary contract between the parties. In addition, courts are directed to rule in favor of coverage if there are any ambiguities or uncertainties, which helps the insurance policy holder in uncertain cases. When catastrophe… Continue reading How to Properly Dispute An Insurance Company’s Property Damage Appraisal
Introduction Businesses often carry multiple forms of insurance. Workers Compensations, business interruption and general liability insurance to name a few. If your business has contents such as office furniture and inventory, you will want to be sure you have insurance in case of a fire, flood, storm or other type of catastrophe. In addition, if… Continue reading What to Do if Your Insurance Company Denied Your Business’ Property Damage Claim
Introduction In Louisiana, liens are an effective tool to collect monies owed, but they can also cause massive headaches for both the lienholder who improperly files a lien as well as the owner of the effected property. Most contractors that are owed money immediately think, “file a lien”. Filing a lien is as simple as… Continue reading How Do I Cancel an Improperly Filed Lien against my Property?
Introduction In Louisiana, liens are among the most effective ways for a contractor to get paid. The Louisiana Private Works Act allows an unpaid contractor, subcontractor, or material supplier to file a “statement of claim or privilege,” (ie Lien) on the property where labor and materials were supplied but not paid for. The purpose of… Continue reading How to Properly File a Lien in Louisiana
Are non-competition employment agreements enforceable in Louisiana? Business owners understand that their businesses success was not handed to them. Hard work, creativity and good decision-making are some of the reasons their business is successful. In addition, any business that is growing understands the importance of hiring in order to support the business growth. When businesses… Continue reading Is Your Non-Compete Agreement Enforceable?
When should I dissolve my LLC and how do you properly do so? Dissolving your business is governed by your operating agreement or Louisiana law. Either way, there are specific rules for dissolving your business. If not dissolved properly, you or your fellow members could be liable. In Louisiana, claims for breach of contract are open… Continue reading When Should I Dissolve My LLC and How Do You Properly Do So?
Is it essential that your business have a written operating agreement? You’ve just started your company, likely a limited liability company (LLC) and you’ve decided to forego committing to a written operating agreement because you and your partners are harmonious and the business outlook is great. This is more often than not the reason business… Continue reading Is it Essential that your Business have a Written Operating Agreement?
Sucré, well-known for its designer desserts and clean, upscale appearance defied the odds when it opened in 2007 and quickly becoming the go-to confectionery for desserts. It was an immediate success and eventually developed multiple locations and a wholesale operation which sold its desserts during holiday seasons and through other retail stores. Sucré even challenged… Continue reading Abrupt Closing: Sucré, Post-Katrina Success Story, Closes All Stores: A Reminder That Appearance Isn’t Everything When It Comes to Business
Introduction If you are a business owner, the benefits of labeling a potential employee as an independent contractor are easily known, from reduced payroll taxes to not having to pay worker’s comp benefits and potentially, not having to pay retirement benefits or overtime wages. It is easy to want to label your employee as an… Continue reading Are My Business’s Workers Independent Contractors or Employees, and Does Their Classification Matter?
Introduction Louisiana has adopted the limited liability act, which allows anyone to create a limited liability company (LLC), which if acted in accordance therewith, can completely reduce any personal exposure of its owners. The purpose of forming an Louisiana limited liability company is to limit your liability, after all, it’s in the name! However, the… Continue reading Can I Be Held Personally Responsible for Damages Caused by my Construction Company?
Introduction The last few years have been a hectic time in Louisiana Courts when it comes to contractors getting paid on public construction jobs. Since 2015, the First, Fourth, and Fifth Circuit Courts of Appeal, which include major cities in East Baton Rouge, Orleans, and Jefferson Parishes, have rendered decisions which decidedly favor contractors. What… Continue reading Contractors: How to get Slow Paying Owners to Pay