My People, My Property, My Problem: Knock-for-Knock Indemnity Explained
Kean Miller LLP Blog
by Matthew Meiners
1d ago
Contracting parties use contractual indemnity provisions to customize risk allocation.  Indemnification clauses vary widely and are typically heavily negotiated; however, if the events and related damages covered under the indemnity are appropriate in nature and scope, parties can manage risk expectations and avoid disputes.  In order to select the appropriate indemnification scheme for any contract or project, it is vital to assess risk in terms of events and consequences, and the likelihood that those events or consequences will occur. Under the indemnification regime known as “kn ..read more
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Louisiana Supreme Court Holds Claims for Indemnity Allowed Prior To Liability Adjudication
Kean Miller LLP Blog
by Jeffrey Boudreaux, Beau Bourgeois and Crystal Burkhalter
1w ago
The Louisiana Supreme Court ruled today in Daniel Bennett v. Demco Energy Services, et al., 2023-CC-01358 (La. 5/10/24), 2024 WL ***, a claim for defense and indemnity under a Master Services Agreement filed before a judicial finding of liability or loss is not premature. The Court explained “[w]e hold that a claim for indemnity raised during the pendency of the litigation and before a finding of liability is not premature….in light of our ruling today, to the extent any prior jurisprudence can be interpreted otherwise, we now clarify that such a claim for indemnity is not prohibited before a ..read more
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The FTC Approves Final Rule that Bans Non-compete Agreements
Kean Miller LLP Blog
by Laura Kherkher
3w ago
On April 23, 2024, by a vote of 3-2 along party lines, the Federal Trade Commission (FTC) voted to approve a final rule effectively banning employers from using non-compete agreements, with a few limited exceptions. The measure reflects an unprecedented effort by the FTC to expand its rule-making authority. The final rule “shall supersede” all state laws, regulations, orders, and interpretations regarding non-competes, unless the state laws afford more protection to employees. Whether the rule will survive legal challenges remains unclear, but as the legal landscape concerning non-competes co ..read more
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New Federal Rule Expands Exemption for Solar Farms from Certain Environmental Permitting Requirements
Kean Miller LLP Blog
by Lauren Rucinski and Daniel Bosch
3w ago
Today, April 30, 2024, the U.S. Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementing procedures to revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems. Under the new rulemaking, environmental reviews will not automatically be required for projects related to solar installations. The rulemaking also adds a categorical exclusion for certain energy storage systems and adds flexibility for power grid powerline relocation. A categorical exemption (“CX”) is applicable where a federal agency, including the D ..read more
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Corporate Transparency Act Ruled Unconstitutional – What’s Next?
Kean Miller LLP Blog
by Ben Jumonville and Mikha Romero
1M ago
Last month, a federal district court in Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional.[1] The CTA, which took effect on January 1, 2024, requires an estimated 32 million entities to report personal information about their beneficial owners to the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN). The CTA aims to assist federal law enforcement in combatting money laundering and other financial crimes carried out through anonymous shell companies. Specifically, on March 1, 2024, the U.S. District Court for the Northern District of Alabama c ..read more
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Words Matter – Even in Construction: Louisiana Supreme Court Holds Architects and Contract Administrators Have No Duty to Safeguard Injury of a Subcontractor Based Upon Contract Documents
Kean Miller LLP Blog
by Crystal Burkhalter
1M ago
Words are powerful. Being acutely aware of word choice and precise language in contracts is key to a successful agreement. Even in the world of construction, words matter as shown by the recent Louisiana Supreme Court case, Gustavo Bonilla v. Verges Rome Architects—A Professional Architectural Corporation, et al., 2023-0928 (La. 3/22/24), 2024 WL 1229219, — So.3d. — (2024). In Gustavo Bonilla, the Louisiana Supreme Court held no duty exists for an architect or contract administrator to protect against injury of a subcontractor’s employee, relying upon the Louisiana Civil Code for contrac ..read more
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Employers, Job Applicants, and Reports Potentially Impacting Unemployment Benefits
Kean Miller LLP Blog
by Edward Hardin
2M ago
Media outlets around Louisiana recently reported on a new program from the Louisiana Workforce Commission pursuant to which employers have the opportunity to report job applicants who are either no-shows for job interviews or who turn down job offers. Here are links to stories from WAFB in Baton Rouge, KTBS in Shreveport, KNOE in Monroe, KATC in Lafayette, and KPLC in Lake Charles. Employers now able to report no shows, job refusals | WAFB Employers able to combat no-shows, job refusals | KTBS La. employers can now report no-shows for interviews or job refusals | KNOE New process aims to imp ..read more
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U.S. Supreme Court Bolsters Choice-of-Law Clauses in Maritime Insurance Contracts: Putting the Presumption Back in Presumptive Enforceability
Kean Miller LLP Blog
by David Judd
3M ago
Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion in that case, a 9-0 decision in favor of the insurer-appellant. In short, the Court put the presumption back into the presumptive enforceability of choice-of-law clauses in maritime contracts. To briefly recap the case, Great Lakes Insurance issued a maritime insurance contract for a yacht owned by Raiders Retreat Realty Co., which has its headquarters in Pennsylvania. The parties ..read more
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Bankruptcy and Baseball II: What Happens to Shohei Ohtani’s Record Contract if the Los Angeles Dodgers File for Bankruptcy (Again)?
Kean Miller LLP Blog
by Eric Lockridge and Mack Wilson
4M ago
Baseball superstar Shohei Ohtani recently agreed to a 10-year, $700 million contract with the Los Angeles Dodgers.  While the headline number came as a shock to even sports business nerds like us, as always, the devil was in the details: $680 million of Ohtani’s contract is deferred until after Ohtani is no longer obligated to play for the Dodgers.     Our last post contemplated what might happen to Ohtani’s $680 million in deferred compensation if the Dodgers filed bankruptcy in 2034 (i.e., after Ohtani no longer has to play for the Dodgers, but before Ohtani’s deferred c ..read more
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Louisiana Department of Natural Resources to Assume Primacy for Issuance of Permits for Carbon Capture and Sequestration in Louisiana
Kean Miller LLP Blog
by Troy Charpentier, Mark Doré, Maureen Harbourt, William Huguet, Matthew Smith and Kyle Polozola
5M ago
On December 28, 2023, the United States Environmental Protection Agency (“EPA”) signed a final rule delegating primacy over the issuance and enforcement of permits for Class VI Underground Injection Control (“UIC”) wells under the Safe Drinking Water Act to the Louisiana Department of Natural Resources (“LDNR”).[1] This decision came after a lengthy review process lasting over two years and involving over 45,000 public comments. The EPA determined that Louisiana’s UIC Class VI rules enacted under the Louisiana Geologic Sequestration of Carbon Dioxide Act (La. R.S. 30:1101-1112) and Statewide ..read more
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