Carleton Hebert Wittenbrink & Shoenfelt, LLC
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January 2019 Archives

Protecting a small business in a divorce in Louisiana

For many entrepreneurs in Baton Rouge, their business is their principal asset. It may have more value than a residence or a couple's personal property. Yet, very few business owners take concrete steps to protect their business in the event of a divorce. The state's community property laws make such planning virtually mandatory.

Lawsuit aimed at removing judicial immunity for law clerks

Any lawyer who has tried a lawsuit in Louisiana can testify to the fact that much of the work done by the judges is, in reality, performed by law clerks under the judges' supervision. This close relationship is now under attack in a business lawsuit that dates back to 2015, in which the plaintiff is asserting that law clerks are not shielded by judicial immunity in the same way that judges are.

How to kick off a business in Louisiana

Most entrepreneurs start as dreamers. They imagine what it would be like to design the ultimate product or start a business that turns into a worldwide corporation. But the difference between dreamers and entrepreneurs is entrepreneurs take action with their ideas.

What happens to a business in a Louisiana divorce?

No one plans to get a divorce, but ending a marriage is common. About half the marriages in the U.S. end in divorce. As a business owner, you might have asked your spouse to sign a prenuptial agreement to protect the business. Or you could have drawn up a partnership agreement with a buy/sell clause that protects your soon-to-be ex from taking over the business.

Can child and spousal support debts be discharged in bankruptcy?

Life often presents us with many head-slapping moments and the question "Why didn't I think of that earlier?" One of those questions, most frequently asked after a divorce proceeding is complete, is whether obligations for spousal support and child support can be discharged in a bankruptcy proceeding. This question most often arises when an ex-spouse wants to torment their former spouse by threatening to file a bankruptcy petition. Fortunately for ex-spouses entitled to receive either alimony or child support, these debts cannot be discharged.

Ownership of Saints' rallying cry "Two Dat" disputed in court

National Football League teams provide their owners and, occasionally, their fans with many opportunities to profit from the teams' images in their respective communities. Back in 2010, when the New Orleans Saints won their first Super Bowl championship, fans were chanting the slogan "Who Dat?" to show their support for the team. As the Super Bowl celebration faded, a New Orleans attorney and former councilman began to visualize how he could earn a profit by changing the slogan slightly, but significantly.

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Carleton Hebert Wittenbrink & Shoenfelt, LLC
445 North Boulevard
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Baton Rouge, LA 70802

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