8 Common Estate Planning Mistakes When Establishing a Revocable Trust Revocable living trusts are powerful tools in estate planning, offering a way to avoid opening a succession, maintain privacy, and streamline the distribution of assets. But even the best intentions can be undermined by common...
Business Law Blog
Why Your Small Business Needs Outsourced General Counsel: The Hidden Benefits of Consistent Legal Support
Small business owners can save money, stay legally compliant, and reduce risks by outsourcing general counsel, ensuring proactive legal support for contracts, employment law, compliance, and long-term growth.
The NLRB and Section 10(j) Injunctions After Starbucks Corp. v. McKinney: A New Era or Business as Usual?
The Supreme Court’s ruling in Starbucks Corp. v. McKinney has significantly impacted how courts evaluate National Labor Relations Board (NLRB) injunctions under Section 10(j) of the National Labor Relations Act (NLRA). Previously, courts applied different standards, with some deferring to the NLRB’s preliminary findings. Now, all courts must use the stricter four-part Winter test, requiring the NLRB to prove a higher likelihood of success on the merits. This decision affects labor law enforcement by making it harder for the NLRB to secure injunctions against employers accused of unfair labor practices.
Connelly v. United States: A Game Changer for Business Owner Buy-Sell Planning?
The Eighth Circuit’s ruling in *Connelly v. United States* has major implications for business succession planning, particularly for owners using buy-sell agreements funded by corporate-owned life insurance. The decision confirms that life insurance proceeds can inflate corporate valuations for estate tax purposes, increasing tax liabilities for estates. Business owners should reconsider their buy-sell structures, weighing the benefits of cross-purchase agreements versus entity-purchase (redemption) agreements. This case highlights the need for proactive estate planning, including the potential use of irrevocable life insurance trusts (ILITs) to minimize tax exposure. Stay ahead of IRS scrutiny—review your buy-sell agreements today with a legal or tax professional.
Protecting your Trademarked Products: How to Prevent the Unauthorized Resale of Your Baked Goods
A legal strategy to prevent the unauthorized reselling of your baked goods to third parties.
Mastering LLCs: Crafting Robust Operating Agreements and Navigating Veil Piercing in Louisiana
Operating agreements serve as the backbone of a limited liability company (LLC), governing the relationships between members, outlining decision-making processes, and protecting the company's legal structure. In Louisiana—a community property state—crafting a well-structured operating agreement i...
Should You Trademark Your Business Name?
When should I trademark my business name?
Why off the Shelf Professional Services Contracts Don't Cut it
In today's dynamic business environment, professional services contracts are essential for defining relationships between service providers and clients. These agreements, encompassing roles from consultants to freelance professionals, establish clear terms and protect the interests of all parties...
How to Determine Which Class to Register Your Trademark In?
When applying for a trademark with the United States Patent and Trademark Office (USPTO), you must select at least one trademark class that best represents the goods or services you offer. Choosing the correct class is crucial because it determines the scope of your legal protection. What Are Tr...
What is Commercial Title Insurance?
Commercial title insurance is a type of insurance policy that protects property owners, lenders, and investors from financial losses related to title defects in commercial real estate transactions. It ensures that the title to a property is legally valid, free from undisclosed encumbrances, and t...
Changes in Working Conditions May Open Employers Up to Legal Liability
The second in our series of 2024 employment law updates is the result of the United States Supreme Court case of Muldrow v. City of St. Louis, 144 S.Ct. 967 (2024). The case creates a precedent that changes in an employee's working conditions do not have to be “materially significant” for a Plain...
Growing Your Podcast? Here’s Why Trademarking Matters
Launching a podcast is exciting, but growing one is where the real challenge begins. As your subscriber count increases, so does the value of your podcast's brand. If you're building a loyal audience, monetizing your content, or expanding your influence, protecting your podcast's name and identit...
Do I have to pay my salaried employee overtime?
We get this question all the time from both employees and employers. Whether you have to pay overtime to an employee who receives an annual salary depends on whether they are classified as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Just because you pay an employee an annual...
Are Employee Lactation Breaks Required to be Compensated?
Under federal law, nursing employees are entitled to lactation breaks and a private, functional, non-bathroom space to pump milk. This right is provided by the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. However, whether these breaks are paid or unpaid depends on specifi...
Does Property Held in a Revocable Living Trust Receive a Step-Up In Basis When Inherited, Similar To Property Passed Directly To Children Upon a Parent's Death?
Will putting my immovable property in a trust negate the step up in basis my heirs will receive when I die?
Locking in the Deal: Why a Letter of Intent is the Key to Successful Commercial Lease Negotiations
Negotiating a commercial lease is a complex process with many moving parts. One of the most important tools to streamline this process is a Letter of Intent (LOI). While not legally binding in most cases, an LOI sets the stage for successful negotiations and ensures that both parties are aligned ...
What to Do if You’re Being Misclassified by Your Employer
What you should do as an employee when you believe your employer has improperly classified you as an independent contractor instead of as an employee?
What is Piercing the Corporate Veil?
Describes what the concept of piercing the corporate veil is.
Understanding Contract Negotiation Through Redlining for Non-Lawyers
what is redlining a contract
Indemnification Clauses for Dummies
what happens when we get sued? Look for your indemnification clauses.
Bonuses and Commissions: Louisiana's New Wage Payment Law Clarifies When They Must be Paid after a Termination of the Employee
Wage payment laws are critical to ensuring fair treatment and compensation for employees. Among the most litigated issues in this area is whether bonuses and commissions qualify as “wages” under wage payment statutes. In the 2024 Regular Session, the Louisiana legislature enacted La R.S. 23:631(E...
Strategies For Resolving Disputes In Commercial Real Estate
For many companies, a physical location is an integral part of the business. Whether your business owns or leases property to give customers a physical place to do business with you, or the business engages in buying
Creating an LLC for Louisiana Real Estate Investments: A Guide
Forming a limited liability company (LLC) to hold rental property offers numerous benefits for real estate investors, from asset protection to tax advantages. However, there are also specific considerations to keep in mind, such as loan implications and insurance costs when making a decision to t...
Pros/Cons Of Putting Rental Property In An LLC
Rental properties can be an excellent way to produce an income. With the ability to hire property managers and the ease with which you can look up maintenance and repair companies anywhere, landlords do not even need to live in the same city or state as their rental properties. Despite the many b...
Creating a High-Performance Culture with a Goal-Oriented Management Framework
This post explores a structured management framework for high-performance organizations, covering strategic planning, execution, and self-leadership. It outlines actionable steps to build a culture of accountability, efficiency, and team alignment, starting with defining a clear vision and values. Key components include quarterly goal-setting, Excellence Operating Procedures (EOPs), project planning, and regular accountability meetings. Emphasis is placed on personal excellence, delegation, and performance management to empower teams. Ideal for businesses seeking a streamlined approach to goal setting and operational efficiency, this framework fosters sustainable growth and continuous improvement.