Document(s) published by this organization: 81
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|Federal Arbitration Act Preempts Louisiana’s Non-Compete Statute|
Davis B. Allgood; Jones Walker LLP;
March 2, 2015, previously published on November 20, 2014The U.S. District Court for the Eastern District of Louisiana recently held that the Federal Arbitration Act preempts Louisiana’s non-compete statute (La. R.S. 23:921). Among other things, this statute invalidates forum selection clauses in employment agreements unless the employee agrees to...
|2014 Louisiana Tax Amnesty Adds $142 Million to the State’s Pot|
Justin B. Stone; Jones Walker LLP;
March 2, 2015, previously published on November 20, 2014The Louisiana Tax Amnesty program for 2014 wrapped up on Friday, November 14, 2014. The goal for this year’s amnesty program was $100 million, but the Department is now projecting $169 million in amnesty collections. Of that, $142 million will go into the “Amnesty Fund” for the...
|It Slices, It Dices: the Equifax Blade Cuts Both Ways.|
John Fletcher, Justin B. Stone; Jones Walker LLP;
March 2, 2015, previously published on November 11, 2014The Hinds County Chancery Court recently ruled that the Mississippi Supreme Court’s widely-discussed decision in Equifax, Inc. v. Mississippi Department of Revenue is a double-edged blade and, much to the Department of Revenue’s chagrin, cuts sharply in both directions. Miss. Dept. of...
|Forum Selection Clause Causes Roadblock In Trade Secret Case|
Peter J. Kee; Jones Walker LLP;
March 2, 2015, previously published on November 13, 2014The recent decision in Wellogix, Inc. v. SAP America, Inc., No. 14-0741 (S.D. Tex. Nov. 10, 2014), demonstrates that federal courts can rely on contractual forum selection clauses to dismiss or transfer trade secret theft cases. It’s a reminder to weigh how these clauses could impact...
|Remember to File Your BTA Petitions Before January 1, 2015 For Older “Deemed Denied” Louisiana Local Sales and Use Tax Refund Claims!|
Andre B. Burvant, Matthew A. Mantle; Jones Walker LLP;
March 2, 2015, previously published on December 22, 2014As we noted in a prior post, the Louisiana legislature has enacted Act 640, which expands the jurisdiction of the Louisiana Board of Tax Appeals (the “BTA”) and changes a number of state and local tax procedures; most importantly, those regarding appeals of assessments and refund claim...
Court Issues Ruling Limiting Access to Federal Courts in Coastal Restoration Lawsuits
Ford P. Wogan; Jones Walker LLP;
February 24, 2015, previously published on December 16, 2014On December 1, 2014, Judge Zainey of the Eastern District of Louisiana issued an Order returning a case involving numerous oil and gas companies back to state court. The Parish of Plaquemines originally filed suit in Louisiana state court on its behalf and on behalf of the State of Louisiana. The...
|The Fifth Circuit Holds That Vessel Based Tankermen Are Not Entitled to Overtime Pay Under The FLSA|
Katie S. Cordes; Jones Walker LLP;
February 23, 2015, previously published on December 16, 2014In Coffin v. Blessey Marine Services, Inc., --F.3d--, 2014 WL 5904734 (5th Cir. Nov. 13, 2014), the United States Court of Appeals for the Fifth Circuit held that vessel-based tankermen are seamen under the Fair Labor Standards Act (“FLSA”) and are, therefore, exempt from the...
|EGRPRA, Regulatory Relief and Comptroller of the Currency Curry’s Proposal to Reduce Regulatory Burden|
Eric J. Dyas; Jones Walker LLP;
February 20, 2015, previously published on December 11, 2014The Economic Growth and Regulatory Paperwork Reduction Act of 1996 ("EGRPRA") requires that the federal banking agencies (the "Agencies") and the Federal Financial Institutions Examination Council review regulations prescribed by them at least once every ten years in order to...
|Congress Enacts Bill to Increase Small Bank Holding Company Policy Statement Asset Threshold|
Robert L. Carothers; Jones Walker LLP;
February 19, 2015, previously published on December 22, 2014On December 11, both the U.S. House of Representatives and the U.S. Senate passed H.R. 3329, and the bill was signed into law by the President on December 18. The act increases the asset threshold with respect to the applicability of the Federal Reserve's Small Bank Holding Company Policy Statement...
|MSRB Urges SEC to Require Bank Debt Disclosures|
J. Andrew Gipson; Jones Walker LLP;
February 18, 2015, previously published on January 29, 2015On January 20, the Municipal Securities Rulemaking Board ("MSRB") submitted comments to the Securities and Exchange Commission ("SEC") urging the Commission to revisit Rule 15c2-12. In its comment letter, the MSRB proposed that the SEC promulgate additional rules requiring...