Business Law Blog

The Hidden Dangers of Using a One-Size-Fits-All Operating Agreement and Why That Free Template (or ChatGPT Draft) Could Cost You Thousands

Posted by Amanda Butler Schley | Jul 22, 2025 | 0 Comments

In today's fast-paced digital world, it's tempting to cut corners on legal documents—especially when websites and AI platforms offer “free” or “instant” operating agreements. A quick Google search might lead you to a generic template or even a ChatGPT-generated draft. While the promise of conveni...

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The NLRB and Section 10(j) Injunctions After Starbucks Corp. v. McKinney: A New Era or Business as Usual?

Posted by Amanda Butler Schley | Mar 17, 2025 | 0 Comments

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.

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Connelly v. United States: A Game Changer for Business Owner Buy-Sell Planning?

Posted by Amanda Butler Schley | Mar 14, 2025 | 0 Comments

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.

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Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

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