KSWB lawyers are consistently honored with the highest peer ratings by national independent rating agencies and cited for excellence by legal publications.
VIEW ALLThe United States Food and Drug Administration (FDA) has approved the first drug derived from marijuana. The drug, which was created by GW Pharmaceuticals from a proprietary strain of cannabis, is made from Cannabidiol (often referred to as CBD), which...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. In an effort to provide more efficient and less costly medical care to patients...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Our initial article concerning the False Claims Act (the “FCA”) titled “Physician’s Guide to...
Read moreThe Associated Press is reporting that Attorney General Jeff Sessions is rescinding federal marijuana prosecution guidance that has been in place since 2013. This move could have significant implications on medical marijuana activities in Louisiana. The old guidance was provided...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. As we noted in our recent articles concerning the Stark law (the Physician’s Guide...
Read moreOn May 12, 2017, the world experienced the largest ransomware attack in history. The persons that perpetrated the attack are believed to have used tools stolen from the National Security Agency. Infections were reported in 99 countries, and the health...
Read moreOn May 19, 2016, Governor John Bel Edwards signed Senate Bill 271 into law, amending and reenacting La. R.S. § 40:1046, and providing for a comprehensive, working medical marijuana program in Louisiana (the "Act"). Since then, Louisiana attorneys have been afforded...
Read moreIn our December 30, 2016 article titled "Louisiana Legislature Develops Framework for Medical Marijuana Program" we noted that the exemption from prosecution for the possession of medical marijuana did encompass a "person who is a patient of the state-sponsored medical...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. In previous articles, we examined the federal Anti-Kickback Statute (the Physician’s Guide to the...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Our initial article concerning the Anti-Kickback Statute (the “AKS”) titled “Physician’s Guide to...
Read moreThis year, Louisiana became the first southern state to develop a comprehensive, working medical marijuana program. On May 19, 2016, Governor John Bel Edwards signed SB 271 into law, amending and reenacting La. R.S. § 40:1046. As amended and reenacted...
Read moreOn November 22, 2016, a Texas federal judge issued a preliminary injunction suspending enforcement of the new overtime rules promulgated by the U.S. Department of Labor (the "DOL"), which which were to go into effect on December 1, 2016. Under...
Read moreThis article was originally published by the Baton Rouge Bar Association in November, 2016 in its monthly publication, Around the Bar. See original. Prior to enactment of the Louisiana Business Corporation Act (“LBCA”) on January 1, 2015, minority shareholders of...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. As we noted in our recent articles concerning the Stark law (the...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Our initial article concerning the Stark law titled “Physician’s Guide to Stark...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Physicians are under increasing scrutiny by federal and state enforcement agencies with...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. You have decided to sell or close your medical practice. Your first...
Read moreScammers and hackers are increasingly using email attacks to commit identity theft and steal sensitive information. While the popular portrayal of a hacker is someone exploiting defects in software and hardware to steal information, the truth is that most breaches...
Read moreOn Monday, the Centers for Medicare and Medicaid Services (CMS) released its anticipated final rule on Medicaid managed care to be published in the Federal Register on May 6, 2016. Among other important updates, the new regulations address policy standards...
Read moreOn February 11, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a final rule on reporting and returning Medicare overpayments within sixty (60) days of identification. 42 CFR 401 and 405. Under Section 6402(a) of the Affordable Care Act...
Read moreOn Wednesday, Senate and House lawmakers introduced the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act (S. 2484 in the Senate and H.R. 4442 in the House), bipartisan legislation that would expand Medicare reimbursement of...
Read moreThe members of a Louisiana limited liability company (“LLC”) typically enjoy limited liability for work performed in the course of LLC business. However, in 2013 the Louisiana Supreme Court shockingly found that a licensed contractor may be held individually liable...
Read moreOverview Numerous Worker's Compensation Group Self Insurance Funds ("Group Funds") have been established since Louisiana authorized their formation in 1980s. Many employers have been drawn to Group Funds that promote themselves to a specific industry and purport to provide convenience and...
Read moreThis article was originally published by the Louisiana State Medical Society, which has partnered with KSWB to feature guest articles concerning common legal issues facing the medical profession. Whether you are a new or experienced physician considering joining a medical...
Read moreOne of the major innovations of the recently enacted Louisiana Business Corporation Act (LBCA), La. R.S. 12:1-101 et seq., is its authorization of the shareholder governance device known as a unanimous governance agreement. La. R.S. 12:1-732. A duly adopted unanimous...
Read moreAfter several delays, the U.S. Department of Health and Human Services issued a rule confirming that October 1, 2015 is the definitive compliance date for HIPAA-covered entities, i.e., health care providers, health plans, and health care clearinghouses, to transition from...
Read moreOn June 30, 2015, the U.S. Department of Labor issued a proposed rule that would raise the overtime threshold under the Fair Labor Standards Act (the “FLSA”) to a “standard salary level equal to the 40th percentile of earnings for...
Read moreAllie Gaiter is a lifelong resident of Louisiana and has owned a modest home in Pierre Part, Louisiana for the past 20 years. Allie recently noticed damaged wood around her kitchen window and discolored sheetrock in the adjoining breakfast nook. ...
Read moreCompanies are always looking for ways to improve their customers' experiences, offer their customers new products and services, and anticipate their customers' future needs. Technological improvements have driven companies into more data-centric models—looking at their customer's habits, how they pay...
Read moreBoards of directors of Louisiana corporations, take heed: if you are considering a merger, be mindful of a change effected by Louisiana's new Business Corporation Act (La. R.S. 12:1-101, et seq.) which took effect January 1, 2015 (the “LBCA”) with...
Read moreLa. R.S. 13:3733.1 addresses the situations in which the reproduction of an original record by a financial institution is deemed an "original," as that term is defined in Article 1001 of the Code of Evidence. In 2014, the Louisiana Legislature...
Read moreIn the recent case of Cardiovascular Institute of the South v. Abel, 2014-1268 (La. App. 1 Cir. 3/9/15), 2015 WL 1019500, a Louisiana court of appeal affirmed a trial court’s ruling that a valid non-competition agreement was enforceable against a...
Read moreThe Louisiana Election Code, La. R.S. 18:1 et seq., sets forth the applicable standards for political advertisements printed in connection with Louisiana local and state elections. According to La. R.S. 18:1505.3, a political advertisement paid for by the candidate, the...
Read moreWhile most business owners are familiar with the need to form an entity to insulate personal assets or an existing business from liability associated with a new or different business, there is an additional type of liability exposure that should...
Read moreProtecting your company's brand is becoming increasingly important in today's economy. With the massive growth of the internet, businesses can project their image world-wide with ease. Given this reality, having a distinctive brand and protecting one's intellectual property has become...
Read moreUncle George is 82 years old and has begun to exhibit significant memory disturbances over the last six months. Concerned family members scheduled an appointment with Dr. Cranium, a local neurologist, to examine Uncle George’s deteriorating mental condition. Dr. Cranium...
Read moreAs more and more of our world moves online, and more and more businesses establish an online presence or platform, it has become essential for every company with an online presence to protect itself from claims by users of its...
Read moreIn a departure from prior corporate law, La. R.S. 12:1-621B of Louisiana's new Business Corporation Act, adopted pursuant to Act No. 328 of the 2014 Louisiana Legislative Session and scheduled to take effect January 1, 2015, permits corporate boards of...
Read moreLouisiana recently became one of seventeen states that have enacted laws banning employers and potential employers from demanding the usernames and passwords to personal online accounts, including social media, networking and email accounts, of employees and prospective employees. Louisiana’s “Personal...
Read moreDuring the 2014 legislative session, the Louisiana State Legislature adopted Act No. 328, which provides for a comprehensive restatement of the Louisiana Business Corporation Law (La. R.S. 12:1 et seq.). Act No. 328, which will be effective as of January...
Read moreTitle VII of the Civil Rights Act makes it an unlawful employment practice for any employer to engage in employment discrimination against any individual based on that person's race, color, religion, sex, or national origin. 42 U.S.C. § 1981 gives...
Read moreUnder federal and Louisiana self-referral law, physicians practicing in Louisiana must disclose to their patients certain ownership and/or investment interests that they have in hospitals or outside service companies—such as durable medical equipment companies, laboratory companies and compound pharmacy companies—to...
Read more