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
Kean Miller
With more than 150 attorneys, Kean Miller is one of the largest full-service law firms based in Louisiana, and the largest in the Capital Region. From offices in Baton Rouge, New Orleans, Shreveport, Lafayette, Lake Charles, Houston and The Woodlands, we serve the legal needs of the people, businesses, and industries that drive the regional economy. We have particular dedication to serving Fortune 1000 companies with significant operations in the Gulf South, providing them with legal resources focused on growth. From the courtroom to the boardroom, our people provide creative solutions, unique strategies, and unparalleled value that allow our clients to perform at the highest level.
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Louisiana Supreme Court Holds Claims for Indemnity Allowed Prior To Liability Adjudication
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…
The FTC Approves Final Rule that Bans Non-compete Agreements
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…
The FTC Approves Final Rule that Bans Non-compete Agreements
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…
New Federal Rule Expands Exemption for Solar Farms from Certain Environmental Permitting Requirements
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…
New Federal Rule Expands Exemption for Solar Farms from Certain Environmental Permitting Requirements
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…
Corporate Transparency Act Ruled Unconstitutional – What’s Next?
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…
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
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…
USPTO Issues Inventorship Guidance For AI-Assisted Inventions
In the fall of 2023, the Biden Administration issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.[1] In section 5.2 of the order, the administration charged the Under Secretary of Commerce for…
Employers, Job Applicants, and Reports Potentially Impacting Unemployment Benefits
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…