Sandys V. Pincus: Expansion of the Rales Test and Lowering of Threshold for Lack of Independence in the Demand Futility Context

By | Louisiana Law Blog | April 28, 2017
Delaware By David P. Hamm, Jr. In Sandys v. Pincus, the Delaware Supreme Court reversed a “thoughtful forty-two page opinion” by Chancellor Bouchard that dismissed a derivative action based upon the stockholder’s failure to make pre-suit demand.[1] The court’s opinion can be found hereView Full Post
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Louisiana Governor Edwards’ Proposed Commercial Activity Tax Dies in House Ways and Means Committee

By | Louisiana Law Blog | April 25, 2017
Louisiana By William J. Kolarik, II On April 25, 2017, State Representative Sam Jones requested that the Louisiana House Committee on Ways and Means voluntarily defer HB628, which would have imposed a commercial activity tax upon many business organizations doing business in Louisiana.  View Full Post
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Impact of Delek Refining Decision On EPA’s RMP Penalty Policy

By | Louisiana Law Blog | April 25, 2017
louisiana By R. Lee Vail, P.E., Ph.D. At the very end of 2016, the Fifth Circuit Court of Appeals vacated two Occupational Safety and Health Administration (“OSHA”) citations for alleged violations of Process Safety Management (“PSM”) regulations. In that case, the Court held that OSHA was barred from issuing a citation for the failure to act on Process Hazard Analysis (“PHA”) findings/recommendations that remained open beyond the six month statute of limitations provided in 29 U.S.C.A. View Full Post
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CMS Posts Revisions to Voluntary Self-Referral Disclosure Protocol

By | Louisiana Law Blog | April 23, 2017
cms By Lyn Savoie On March 27, 2017, the Centers for Medicare and Medicaid Services (CMS) posted revisions to the Voluntary Self-Referral Disclosure Protocol (SRDP), which provides a process for the disclosure of potential or actual violations of the federal physician self-referral law (commonly known as the Stark Law).  View Full Post
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U.S. Court of Appeals for the Fifth Circuit Affirms Application of Louisiana’s Subsequent Purchaser Doctrine

By | Louisiana Law Blog | April 20, 2017
fifth By Chase Zachary On April 18, 2017, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in Guilbeau v. Hess Corp.[1] The court affirmed the application of Louisiana’s subsequent purchaser doctrine to claims for environmental damages allegedly caused by activities of a former mineral lessee prior to the date that the plaintiff owned the property. View Full Post
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Legislation Composing Governor Edwards’ Proposed Tax Reforms Filed in the Louisiana House of Representatives

By | Louisiana Law Blog | April 17, 2017
la house of reps By William J. Kolarik, II On April 17, 2017, the legislation that composes the centerpiece of Governor Edwards’ proposed tax reforms was filed in the Louisiana House of Representatives.  House Bill 628, introduced by state Rep. Sam Jones, contains the legislation that would establish the commercial activity tax.  View Full Post
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Latest Personal Jurisdiction Ruling May Spark Increase in Louisiana Asbestos Litigation

By | Louisiana Law Blog | April 11, 2017
Industrial Strength Graphic Only By Greg Anding For years, plaintiffs in asbestos litigation have been filing suit in the plaintiff-friendly jurisdictions of St. Louis, Missouri and Madison County, Illinois.  Some estimate that more than half of all mesothelioma claims filed in the United States are filed in Illinois and Missouri.  View Full Post
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Navigating the Uncertain Horizon of Post-Closing Indemnification Claims

By | Louisiana Law Blog | April 6, 2017
Helping sellers navigate the uncertain horizon of post-closing indemnification claims is a crucial part of a deal lawyer’s job on the sell-side of any M&A transaction. According to a relatively recent study by Shareholder Representative Services (the “2013 SRS Study”), approximately 67% of private M&A transactions have “material post-closing issues.”[1] View Full Post
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