Carleton Hebert Wittenbrink & Shoenfelt, LLC
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Posts tagged "Business Law"

Jefferson Parish revokes permit for cyanide plant at Waggaman

Corporations whose businesses require governmental permits must constantly pay attention to the attitudes of local government entities. such as county boards, city councils and local zoning boards. Nowhere has this necessity been more acutely illustrated than in the action of the Jefferson Parish board's decision to revoke a permit for a cyanide plant that it had unanimously granted in January 2018.

Recycler sues parish over waste permit license

Many companies in Baton Rouge and elsewhere in Louisiana must obtain a variety of licenses from state, county or municipal governments in order to operate their businesses lawfully. Businesses that deal with hazardous materials are especially subject to governmental regulation. Modern American Recycling Services, a company in Terrebonne Parish that recycles industrial waste, sued the parish alleging unfair treatment in the handling of its recent hazardous waste permit applications for 2017 and 2018.

Stanford Group class action suit transferred to Baton Rouge

The place where a lawsuit is heard can often have a significant impact on the outcome. A federal judge in Texas, in a little noticed order, has moved the venue of a class action against the Stanford Group to the U. S. District Court for the Middle District of Louisiana. An examination of the potential effect of this order reveals the importance of the place a business law trial takes place.

Comparing an asset purchase contract to a stock purchase contract

Buying or selling a Baton Rouge business can be unexpectedly tricky. Many questions must be answered for both the buyer and seller. This post will not attempt to answer or even raise all potential questions; instead, the major questions involved in the two most frequently used sales contracts will be explained.

ITEP debate raises questions for Baton Rouge businesses

ITEP. Many residents of Baton Rouge have never seen this acronym, and many who have do not know what it means. ITEP means Industrial Tax Exemption Program, but even the words behind the acronym do not add much clarity. ITEP is a series of programs intended to stimulate business development by giving businesses tax breaks for locating in a municipality. In 2016, Gov. John Bel Edwards revised the ITEP program over the loud protests of various business leaders. New regulations for the program were published in 2018, and many communities announced they were going to grant larger tax breaks than the reductions available under ITEP. Many state business leaders thought that the controversy had subsided, but two recent actions of the East Baton Rouge Parish School Board have reignited the dispute.

What is a limited liability company in Louisiana?

Louisiana businesses have a variety of organizational forms that can be used, depending on the purpose of the business and its capital structure. Partnerships and corporations were once the principal forms used by most businesses, while certain real estate projects used limited partnerships. The major purpose of all of these entities was to attract capital and limit the risk of investments. Each form was useful, but each also had drawbacks. The corporate form proved too cumbersome, and partnerships could not be organized to limit investor liability. In 1992, the Louisiana legislature followed the lead of other states and passed a statute that allowed formation of limited liability companies.

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.

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.

Iconic burger chain involved in lawsuit with former franchisee

Bud's Broiler is perhaps the oldest local burger chain in New Orleans. The owner of the franchise, Bud's Broiler Holdings, is now involved in litigation with the franchisee who ran the oldest location in the city on City Park Avenue. A franchise in Baton Rouge owned by the same franchisee also closed recently.

What is a limited liability company?

Residents of Baton Rouge who are interested in starting a business must chose a legal form for that business. In doing so, they are immediately confronted with a confusing array of business law abbreviations, including, "corp.," "inc." and "llc." They may also come across terms such as partnership and limited partnership. What does it all mean?

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