Andrea Steel

Louisiana is the latest US state to jump on the disclosure bandwagon, by passing a bill that will only suppress the appetite that third-party funders have to fund cases in that jurisdiction. We all know that funding agreements are carefully worded to prevent undue influence by a funder which would fall foul of champerty and maintenance doctrines. However, the disclosure of funding provided by a "foreign entity" has potentially wide-reaching implications (think of sovereign wealth funds, for example, which have a real appetite to invest in this uncorrelated asset class). Point for consideration: funding provided to a law firm to run cases on a contingency basis would appear to be exempt from these regulations. Will that mean a greater focus on portfolio funding for law firms in Louisiana? I will examine this further as part of my ongoing thesis research as supervised by the University of Westminster. #louisiana #thirdpartyfunding #litigationfinance #portfoliofunding #litigationfunding https://lnkd.in/gKQR5gBi

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POST LEGISLATIVE SESSION UPDATE -- I've posted ad nauseum about the lack of a uniform e-filing and recordkeeping system throughout Louisiana's district courts. Well, hopefully, that won't be the case for much longer. Last week, Governor Landry signed House Bill 380 (becoming Act 694), which aims to establish a uniform electronic filing and recordkeeping system for all of the state district court clerks of court by January 1, 2026. Among other things, the bill amends La. Rev. Stat. § 13:754, La. Rev. Stat. § 13:850, and La. Code Civ. Proc. art. 253 in several respects to facilitate the end goal of a uniform statewide system, such as: - Requiring the Louisiana Clerks’ Remote Access Authority (LCRAA) to provide for infrastructure, governance, standard operating procedures, technology, maintenance, and training to support a statewide portal with a universal interface for secure remote access to records maintained by the clerks of court; - Requiring every clerk of court to submit information about electronic filing system capabilities and costs to LCRAA and, in turn, requiring LCRAA to compile and submit that information to the legislature no later than January 1, 2025; - Requiring every district court to have an electronic filing, recording, and remote access system in place through the statewide LCRAA portal by January 1, 2026; - Requiring all court filings by attorneys to be made electronically starting January 1, 2026; and - Sunsetting the use of fax-filing as a permissible filing method starting January 1, 2026. It's no secret that Louisiana has lagged behind in modernizing its court system. My colleagues from other states cannot believe that we still use fax machines to file court documents in 2024. Only time will tell how much progress is made toward the ultimate objective of this new legislation in the next year-and-a-half. I'll be closely monitoring this issue during that time and will share new developments along the way. https://lnkd.in/gK2dnPfX #LaLege #LouisianaLaw #Efiling #ModernizingLitigation #ModernizingCourts #CivilProcedure

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New Louisiana Tax Alert! A new LDR update has been posted to our website LCPA.ORG/NEWS for hunters! As an LCPA member, we’ll keep you updated on the latest state and local news alerts. Visit the link in our bio to learn more!

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Nationwide CTA Preliminary Injunction Comes with Uncertainty As you may have heard, on December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Corporate Transparency Act (CTA). In Texas Top Cop Shop, Inc., et al. v. Merrick Garland, Attorney General of the United States (E.D. Tex., No. 4:24-cv-00478), Judge Amos L. Mazzant stated that the CTA “is likely unconstitutional” and the CTA is “hereby enjoined, and the compliance deadline is stayed…[neither] may be enforced, and reporting companies need not comply with the CTA’s January 1, 2025, BOI reporting deadline pending further order of the Court.” The entire opinion can be found here. Notably, several other courts have reviewed this issue and made a different determination. Several of those decisions are on appeal, and it will be some time before the issue is finally determined. Read more: https://lnkd.in/gz7mhQ_x Ashley Weyenberg, Shelbie Harvey, Frank Chaiken, Mark Conway, Lauren Davis, Jennifer L. Maffett-Nickelman, Amy McClurg, Kelsey Mehaffie, Jen Roach, Alan Weeter #ThompsonHine #CorporateTransparencyAct #CorporateLaw #LegalInsights

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ATTN: #Oklahoma #InHouse #Counsel: #SAVETHEDATE: In-House Oklahoma's next event - Thursday, November 7th - 4:30pm-7:00pm - Tulsa Country Club Recently created, In-House Oklahoma brings together nearly 1,000 in-house counsel representing almost 700 companies across the state. The forum is a community of in-house leaders who share legal best-practices in a local, peer-to-peer, networking community. The goal is to build relationships and exchange best practices through strategic programming and networking hosted in our chapter cities: #OklahomaCity and #Tulsa.   In-House Oklahoma’s mission is to be the choice organization for networking, best practice exchange, and legal department thought leadership among the state’s in-house counsel. In-house innovation comes from diverse sources, and the most direct path to solving the problems in-house leadership faces every day is through collaboration with fellow legal colleagues. Members are thought leaders who understand the power of collaboration.   In-House Oklahoma’s founders designed the organization to be a relationship-building conduit for in-house counsel. Unlike similar organizations, only in-house counsel with significant leadership and management responsibilities in a corporation, non-profit organization or government agency are eligible for complimentary membership. Besides the host firm, there are no other law firms or other service/product providers invited or participating. This is intended exclusively for Oklahoma’s in-house counsel.   The initiative will host three annual events, one in Oklahoma City and one in Tulsa, featuring topical industry presentations and leadership panel discussions, and one virtual (co-sponsored by the ACC). In-House Oklahoma’s inaugural in-person event took place in May in Oklahoma City: https://lnkd.in/grtMiFWj If you want to make sure you on the elite mailing list for this initiative, please email me at [email protected].

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UNDERSTANDING THE USPTO STATEMENT OF USE A Statement of Use (SOU) is exactly what it sounds like a statement indicating that a business is using a particular trademark in commerce. Despite its apparent simplicity, the United States Patent and Trademark Office (USPTO ) Statement of Use requirement can prove complex for many Louisiana businesses upon closer examination. Both established enterprises and new startups should strive to fully understand this complex issue when approaching the trademark application process. WHAT IS THE USPTO STATEMENT OF USE? Businesses file Statements of Use to demonstrate to the USPTO that they are using their trademarks in commerce. If the USPTO requests an SOU, it will not grant the trademark application until it receives this filing. In some cases, an Intent To Use statement may be filed with the initial application instead. However, the Statement of Use or an extension request must still be submitted within six months from the date the USPTO issues a Notice of Allowance for the trademark. WHAT SHOULD THE USPTO STATEMENT OF USE INCLUDE? The United States Patent and Trademark Office highlights three requirements for SOUs. These include paying the required fees, a sworn declaration, and at least one example of the trademark in use. Providing fees and the sworn statement is relatively straightforward while providing an example of the trademark in use could be more challenging. WHAT ARE THE SOU FILING FEES? The fee for a standard, electronic SOU filing is $100, while the fee for a paper filing is $200. Businesses must pay a separate fee for each "class" of product or service connected with the trademark. For example, a business may wish to use a trademark for chemical products, cleaning substances, and industrial oils. These three classes represent three different fees, or a total of $300, for an online SOU filing. DO I NEED HELP TO FILE THE SOU? While the USPTO Statement of Use may seem relatively simple, even a minor error can affect the trademark application process. To avoid issues like delays and rejected applications, it's best to work with an attorney with experience with trademarks and filing Statements of Use. If you have further questions about filing an SOU, contact our team at lawgroup.biz. #trademark #USPTO #businesslaw #attorney

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Navigating the complexities of banking law requires specialized knowledge and expert guidance. Shackelford Law offers comprehensive counseling and advice across various banking sectors, from acquisition financing to lender liability. Let us help you protect and advance your financial interests. 📈 - #ShackelfordLaw #DFWLaw #AustinLaw #HoustonLaw #NOLALaw #AviationLaw #ShackelfordLaw #LegalExperts

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Louisiana has no laws on the books requiring transparency of these litigation funding agreements. Fortunately, Louisiana policymakers have an opportunity to address the problems this shadowy industry causes in its lawsuit system. The Legislature has passed SB 355, which would increase transparency and oversight of TPLF agreements in all civil cases before Louisiana courts. The sooner SB 355 is enacted into law, the sooner Louisiana can strengthen its defenses against potential threats to its civil justice system. https://lnkd.in/e24msVSY

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Texas experiences yet another dismissal of an immigration-policy related lawsuit due to lack of standing. Now, they've partnered with a sheriff, two counties, and even a veterinarian to challenge pro-immigrant policies for a "doozy of a lawsuit," according to our Legal Director Esther Sung. Dive into our latest decoding of anti-immigrant legal challenges in this week's Litigation Tracker Newsletter👇 https://lnkd.in/egBhNPCF

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