Blog

5th Circuit Grants Rehearing En Banc to Consider “Nature” of Seaman’s Status

01/07/2021

Contributed by Todd Crawford and David Sharpe, our latest blog post covers the recent decision of the United States Court of Appeals for the Fifth Circuit to grant the employer’s request for rehearing en banc…

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Lugenbuhl Updates: Restructuring and Turnaround Principles for Business in the COVID-19 Pandemic

Bankruptcy

04/24/2020

The Lugenbuhl Lending Issues/Forbearance/Restructuring Task Force discusses principles of turnaround management, i.e., turning struggling businesses into successful businesses.

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Lugenbuhl Updates: CARES Act Modifications to the Subchapter V Small Business Debtor Bankruptcy Provisions of the Bankruptcy Code

Bankruptcy

04/03/2020

A tsunami of bankruptcy filings by distressed companies and individuals will likely occur in the coming months. As a result of the Small Business Reorganization Act which came into effect in February 2020 and the recently enacted CARES Act, a sizable portion of those new bankruptcy cases may be individuals and small businesses taking advantage of the new subchapter V of the Bankruptcy Code to make those bankruptcy cases cheaper, easier, and faster. Attached is an update regarding the Small Business Reorganization Act and the temporary modifications to that Act included in the CARES Act.

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Lugenbuhl Updates: Coronavirus Aid, Relief and Economic Security Act

Bankruptcy

03/28/2020

On March 27, 2020 President Trump signed into law the CARES Act, which provides $2 trillion in emergency assistance and relief. Lugenbuhl has summarized key parts of this act that are of concern to its clients. If you would like additional specific information please contact us directly, as we have attorneys dedicated to following this law and other related matters as they develop.

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Lugenbuhl Updates: Federal and Louisiana Efforts to Combat COVID-19

Bankruptcy

03/20/2020

This article should serve as a brief and high-level overview of the recent actions of the Federal Government and the State of Louisiana.

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SBA Issues Updated Criteria for States Requesting Disaster Assistance Loans for Small Businesses Impacted by COVID-19

Bankruptcy

03/19/2020

As a result of state and federal government efforts, the SBA may now make an economic injury declaration for Louisiana and/or any other state requesting assistance.

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Important New 5th Circuit Case on Choice-of-Law for Indemnity Agreements

Bankruptcy

11/12/2019

A recent decision by the 5th Circuit sets an important precedent as courts continue to face questions concerning the enforceability of indemnity and other reallocation-of-risk clauses.

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San Antonio Courts Opine on Recovery of Attorneys’ Fees and Bad Faith Damages in the UM/UIM Context

Insurance

10/21/2019

Contributed by Michael McCoy and Christine Edwards, our latest blog covers three cases regarding the evolution of Uninsured and Underinsured Motorist laws in Texas, specifically in San Antonio.

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Bankruptcy Insights: The Small Business Reorganization Act

Bankruptcy

10/17/2019

Contributed by Coleman Torrans, our latest blog post discusses the SBRA and its implications for small businesses.

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5th Circuit Affirms Rare Summary Judgment Dismissing Seaman's Jones Act Claim

MARITIME

09/19/2019

A recent decision by the United States Court of Appeals for the Fifth Circuit emphasizes that seafarers must present some credible evidence linking an employer's negligence to an alleged injury.

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Supreme Court Sides with Fifth Circuit in Resolving OCSLA Choice-Of-Law Dispute

MARITIME

06/11/2019

Contributed by Todd Crawford and David Sharpe, our latest blog post covers the recent Supreme Court decision in a choice-of-law dispute involving the Outer Continental Shelf Lands Act.

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U.S. Fifth Circuit Enforces Arbitration Clause in Insurance Policy

Insurance

05/15/2019

A recent decision by the United States Court of Appeals for the Fifth Circuit supports contracting parties’ rights “to freely engage in sophisticated contractual arrangements” in the State of Louisiana.

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Forum Selection Clause in Insurance Policy Valid

Insurance

05/10/2019

Our latest blog profiles a recent Louisiana Supreme Court decision that Louisiana statutory law does not prohibit enforcement of a forum selection clause in a first-party insurance policy.

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‘Can they do that?’ Liability insurance policy provisions could limit the scope of an insurer’s duty to defend policyholders against claims for common business torts

Insurance

03/07/2019

Our latest blog post discusses the importance of reviewing liability insurance policies to ensure full protection against lawsuits.

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Bankruptcy Preferences: Strategies for Businesses to Avoid Being Sued for Pre-Bankruptcy Preference Payments

Bankruptcy

02/07/2019

An examination of bankruptcy preference issues, strategies for dealing with preference liability claims and an overview of statutory defenses.

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Supreme Court Rules Independent Contractors may not be Compelled to Arbitrate Under Federal Arbitration Act

MARITIME

01/17/2019

Our latest blog post covers the recent Supreme Court decision of New Prime v. Oliveira, which addresses Section 1 of the Federal Arbitration Act and its effect on independent contractors.

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Is Notice Required to the Insurer Upon Application for an Appointment of an Umpire During Appraisal?

10/18/2018

Generally, an insurance policy’s appraisal does not include a provision explicitly requiring that the one party be notified if and when the other party goes to court. In this blog post, our Insurance practice explores whether notice should be required.

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U.S. Supreme Court Asked to Resolve Circuit Split Over Punitive Damages Regarding Unseaworthiness

MARITIME

09/06/2018

Following a split decision between the Fifth and Ninth Circuits, our latest blog post explores the question posed to the U.S. Supreme Court of whether punitive damages are available for unseaworthiness.

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Spotlight on Recent Texas Contractual Claims Dispute

Insurance

08/07/2018

Our newest blog post, contributed by Rebecca Moore from our Houston office, spotlights a recent Texas contractual and extra-contractual claims dispute.

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Failure To Comply With The EUO Leads To Dismissal: Morgan v. Americas Insurance Company

Insurance

04/18/2018

Our latest blog post discusses the outcome of a recent case resulting from the failure to comply with an examination under oath.

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Barnes v. Sea Hawaii Rafting: The Ninth Circuit Revives the Old Jurisdictional Principle of Custodia Legis in Vessel Seizures

MARITIME

04/05/2018

This blog post discusses the Ninth Circuit's recently issued decision on the friction between admiralty jurisdiction and bankruptcy jurisdiction in cases involving seized vessels.

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Government Working Together

Real Estate

03/28/2018

Our latest blog post discusses a recent outcome of a master plan designation between the Port of New Orleans and the City of New Orleans. The issue at hand went beyond a traditional zoning dispute and encompassed constitutional conflicts between the Port and the City.

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Newly Enacted Chapter 542A Provides a Partial Safeguard for Adjusters

Real Estate

03/14/2018

Our latest blog post discusses a common occurrence in recent weather-related first-party litigation, involving the inclusion in a lawsuit of local or independent adjusters or consultants in a claim. Among other impacts, their inclusion prevents insurers from removing a state-filed case to federal court.

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Menchaca: Second Time’s A Charm?

Real Estate

02/22/2018

Although by industry standards a small damages case, USAA Texas Lloyds Company v. Menchaca certainly casts a large shadow in the insurance world. The Texas Supreme Court's decision in December 2017 to rehear the long running bad faith dispute has the potential to significantly impact future bad faith litigation in the State of Texas.

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Current Issues in Enforcing Judgments Against Limited Liability Companies

Real Estate

02/14/2018

Our latest blog post examines issues surrounding creditor and debtor rights related to the enforcement of judgments against LLCs, including the charging order statute, a judgment creditor's right to information, rights against single member LLCs and the effect of a bankruptcy filing.

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“Risk-y” Business: Who Bears Financial Responsibility When a Loss Occurs in an Industrial Setting?

Commercial Litigation

01/10/2018

Accidents can happen on job sites. When they do, lawsuits often follow. This blog post explores the question of who bears financial responsibility when a loss occurs and key considerations when negotiating the terms of a work agreement.

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Texas Department of Insurance Issues Two New Bulletins

Commercial Litigation

10/03/2017

The latest bulletins issued by the TDI are of potential interest to property insurers.

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Update: Texas Department of Insurance Catastrophe Bulletins

Commercial Litigation

09/13/2017

Read more about the latest two bulletins issued by the TDI that are of potential interest to property insurers.

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Resources for Insurers: A Compilation of Standards and Regulations in the Wake of Hurricane Harvey

Commercial Litigation

08/31/2017

A fresh look at the claim adjusting standards and regulations in both Louisiana and Texas, including new bulletins and advisories that have been issued in Hurricane Harvey’s wake.

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Texas Supreme Court Issues Advisory Regarding Hurricane Harvey-Related Emergency Orders

Commercial Litigation

08/31/2017

A summary of the Texas Supreme Court's advisory meant to assist residents of Texas counties affected by the hurricane.

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New Texas Insurance Code Chapter 542A: New Law to Handle Texas Weather-Related Claims Effective Sept. 1

Insurance

08/22/2017

The new law makes a few key changes to the procedure for bringing certain property damage claims against insurers and insurance agents.

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A Summary of Louisiana Fifth Circuit Court of Appeal’s Decision in Bad Faith Penalties Case

Insurance

06/21/2017

An assessment of the issues in Williams v. Security Plan Fire Ins. Co, including how various sections of the Louisiana Insurance Code were taken into account in the court's decision, and the overall outcome of the case.

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Texas Supreme Court Grants Mandamus Relief on Attorneys’ Fee Discovery in Hidalgo County MDL

Insurance

06/12/2017

The recent ruling is an important case in first-party insurance litigation because this discovery tactic has been increasingly utilized and litigated over the past several years.

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What Happens When Local Banks Falter? The Basics of FDIC Enforcement Actions

Corporate and Commercial Law

06/08/2017

The specter of bank failures remains a significant risk to the U.S. banking system. The recent failure of First NBC Bank reportedly cost the federal government approximately $1 billion and is a reminder of the risks for local banks.

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Fidelity Practice Pointer: Considerations for Pre-Suit Mediation and the Importance of the Mediation Privilege

Legal Lagniappe

05/31/2017

Objectives for conducting a pre-suit mediation may be to educate the insured and the insured’s attorney on the policy provisions that preclude or limit coverage, or to streamline the issues prior to a suit being filed.

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Insurance Disputes: Five Rules Insurers Need to Know

Insurance

05/11/2017

The Texas Supreme Court has announced five rules intended to address contractual claims under an insurance policy versus tort claims under the Texas Insurance Code. The rules were set forth in conjunction with the Court’s opinion in the case of USAA Texas Lloyds Company v. Menchaca and are meant to clarify confusion regarding the treatment of statutory bad faith claims in insurance coverage disputes brought before state courts.

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Supreme Court Decides Against Structured Dismissals In Chapter 11 Cases

Bankruptcy

03/22/2017

This article examines the case of Czyzewski v. Jevic Holding Corporation, in which the Court held that a bankruptcy court cannot approve a structured dismissal that allocates value contrary to the priority scheme of the Bankruptcy Code.

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Understanding Trademark Rights

Intellectual Property

12/11/2015

An overview of trademarking and considerations courts take into account when determining a company's rights if its trademark is challenged.

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Compliance with Work Visa Rules Requires Vigilance

Business Immigration

12/01/2015

With the pace of technology quickening each day, the H-1B work visa program has played an increasingly important role for Gulf Coast employers seeking to meet their need for high-skilled professionals.

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Louisiana’s Oilfield Anti-Indemnity Act: A balanced approach to indemnity obligations in the oil-and-gas sector

MARITIME

11/24/2015

An overview of the Louisiana Oilfield Anti-Indemnity Act and key considerations when determining its application.

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