News

3M Bankruptcy Ruling a Milestone Win for Fishman Haygood Team

On Friday, Aug. 26, 2022, U.S. Bankruptcy Judge Jeffrey Graham of Indianapolis ruled that thousands of military veterans with hearing loss claims allegedly related to 3M earplugs can continue the multidistrict litigation against the company.…

Fishman Haygood Welcomes 2022 Summer Clerks

Fishman Haygood is pleased to welcome six summer clerks, four rising 3Ls and two incoming 2Ls, from Tulane Law School and Loyola University New Orleans College of Law. …

Trial Date Set for Stanford Fraud Case

On June 9, 2022, it was announced that the jury trial in the Stanford International Bank, Ltd. (SIBL) Ponzi scheme has been set for Feb. 27, 2023.…

Bartlett Presents at Tulane Environmental Law & Policy Summit

Tad Bartlett, special counsel in Fishman Haygood’s Litigation Section, presented at the 27th Annual Tulane Environmental Law & Policy Summit on Mar. 12, 2022. Each year, the Summit brings together scientific and legal experts from various fields within the scope of environmental law and policy. Hosted and coordinated by students at Tulane University Law School, this year’s theme focused on Environmental Litigation. Read more about the event here.

Bernhard LLC Announces Energy-as-a-Service Partnership with Tulane University

This week, Fishman Haygood client Bernhard LLC announced a 30-year Energy-as-a-Service partnership with Tulane University. The joint initiative includes large-scale, immediate improvements to campus infrastructure, as well as the construction of a 1-megawatt solar generation facility set to produce 10% of the university’s total electricity needs on its uptown campus. Initial improvements will significantly reduce the university’s cumulative annual Greenhouse Gas emissions. The goal is to reach carbon neutrality by 2050. Read more about the partnership here.

Fishman Haygood Attorneys Present at LCPA Conference

Four Fishman Haygood attorneys presented at the 2021 Forensic Litigation and Business Valuation Conference in Baton Rouge on October 21, 2021. The annual event was hosted by the Society of Louisiana Certified Public Accountants (“LCPA”). …

Hurricane Ida: Recovering Business Losses

In the wake of Hurricane Ida, businesses should look to their insurance policies to find coverage, whether for property damage, business interruption losses, or other covered losses. Fishman Haygood’s team of experienced insurance coverage attorneys successfully litigated many substantial property damage, business interruption, and other claims in the aftermath of Hurricane Katrina and other events. …

In Memory of Henry F. “Skip” O’Connor Jr.

We are saddened to announce the death of our dear friend and colleague Henry F. “Skip” O’Connor, Jr. who passed away on August 19, 2021.  Skip was an extraordinary person and friend, and a true gentleman of great character.  He was also an exceptional real estate attorney and businessman.…

Cargill, Continental Grain to acquire Sanderson Farms

Cargill, Continental Grain Company, and Sanderson Farms, Inc. (NASDAQ: SAFM) announced today they have reached a definitive agreement for a joint venture between Cargill and Continental Grain to acquire Sanderson Farms for $203 per share in cash, representing a total equity value for Sanderson Farms of $4.53 billion.…

The Firm Welcomes Top-rated Bankruptcy Team

Fishman Haygood has expanded its capabilities to assist clients dealing with distressed businesses and properties (whether as a creditor or debtor) which may include restructuring and formal bankruptcy cases, with the addition of three leading lawyers – William H. Patrick, III, Tristan E. Manthey and Cherie Dessauer Nobles and their support staff.

Billy Patrick and Tristan Manthey will head the firm’s restructuring and bankruptcy practice. The team was previously with Heller, Draper, Patrick, Horn & Manthey.…

Best Lawyers Recognizes Fishman Haygood Attorneys as “Ones to Watch”

Best Lawyers has recognized Mike Dodson, Danny Dysart, Carson Haddow, Blair Schilling, Rebekka Veith, and Molly Wells as “Ones to Watch”.   Best Lawyers uses a peer review methodology to recognize attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. Best Lawyers “Ones to Watch” recipients typically have been in practice for 5-9 years.  See the announcement here.

 

Fishman Haygood Successfully Defends Superdome Manager in ADA Lawsuit

Fishman Haygood successfully defended the manager of the Superdome, SMG, in a lawsuit alleging that the Superdome’s 100 Level accessible seating did not meet the requirements of the Americans with Disabilities Act (“ADA”).  The plaintiff in Bailey v. Board of Commissioners of the Louisiana Stadium and Exposition District, et al. (Case No. 2:18-cv-5888) alleged that the accessible seats in Rows 1 and 36 of the Superdome’s 100 Level violated the dispersion and sightline requirements of the ADA and that SMG failed to make the 100 Level accessible “to the maximum extent feasible” as part of its alterations to the Superdome in 2010. …

Sharonda Williams to Participate in FBA Panel on Issues Surrounding Law Enforcement’s Liability

Drawing on her experience handling the most comprehensive police consent decree in the history of the United States as City Attorney for New Orleans, Sharonda Williams will join a distinguished national panel of defense attorneys with expertise in representing officers to discuss issues surrounding law enforcement’s liability.

The webinar, which is hosted by the Federal Bar Association, will be presented on July 21, 2020 at 1pm.  The webinar follows a previous installment covering insights on how law enforcement is trained, special considerations that arise during their prosecution, and solutions for the problems faced by prosecutors.

Read more here and register here.

PPP Flexibility Act Provides Relief for Businesses

On Wednesday, June 3rd, 2020, the Senate passed the Paycheck Protection Program Flexibility Act (the “Flexibility Act”). The House passed the bill (H.R. 7010) last week, and the President signed the bill into law on June 5. The Flexibility Act provides much needed relief for businesses by extending the “covered period” for loan forgiveness under the Paycheck Protection Program (“PPP”) to 24 weeks and reducing the amount of loan proceeds that must be spent on payroll costs to be eligible for forgiveness from 75% to 60%.  Read more about what the Flexibility Act means for your business here.

Mike Dodson Gives Insights on Title III of ADA at the ABA’s Annual RPTE Conference

Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in the activities of places of public accommodation.  In the past 7 years, the number of ADA Title III federal lawsuits has more than quadrupled, with 11,053 suits filed in 2019.  On May 15, 2020, Fishman attorney Mike Dodson participated in a panel that presented this important topic at the American Bar Association’s Annual Real Property Trusts & Estates (RPTE) National CLE Conference (The Virtual Experience 2020).  Mike discussed the applicability of Title III and key considerations, such as architectural standards for new and altered buildings, reasonable accommodations to policies, practices, and procedures, and effective communication with people with hearing, vision, or speech disabilities.  In addition, Mike explained various avenues to achieve compliance, pre-suit, and how to defend Title III claims in litigation.  Read about the presentation here.

 

Charles Landry Honored with Baton Rouge Visionary Award

Fishman Haygood Partner, Charles Landry, is honored by the Baton Rouge Area Foundation as the winner of the 2020 Marcia Kaplan Kantrow Baton Rouge Visionary award for using his skills and determination to implement the master plan for downtown Baton Rouge.  Charles helped the state consolidate its rented spaces into state-owned Art-Deco inspired buildings on North Street.  He was also central to the expansion of downtown hotels, beginning with the success of the Capital House Hotel.  Charles was also an early proponent of and the legal mind behind much of the Arts Block, including its early anchor, the Shaw Center for the Arts, and the many new restaurants and apartments that followed.  BRAF selects award winners whose vision and action fosters smart growth of the Capital Region based on New Urbanist principles.   Read more about Landry’s award in BRAF’s magazine Currents.

Summary of Paycheck Protection Program and Tax Relief and Incentives under the CARES Act

On March 25, 2020, the United States Senate passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) by a vote of 96-0. This federal stimulus bill appropriates $349 billion in loans to small businesses through the newly created Paycheck Protection Program under amendments to Section 7(a) of the Small Business Act (SBA).  The House of Representatives passed the CARES Act on Friday, March 27, 2020, and President Trump signed it immediately upon House passage.  Fishman Haygood has prepared this helpful summary that focuses primarily on the assistance to small businesses provided by the Paycheck Protection Program and tax relief and incentives under the CARES Act.

Is the COVID-19 Crisis a Force Majeure Event?

Many business owners are asking whether the circumstances surrounding COVID-19 constitute a force majeure event that may provide an excuse from performance of certain contractual obligations.  As Charles Landry recently told the Baton Rouge Business Report, there is no one-size-fits-all answer, business owners “have to look at their contracts and the specific force majeure language to see if this event is covered.”  Learn more here.

Making Sense of Louisiana’s Stay-at-Home Order for Businesses

In an effort to curtail the community spread of COVD-19, on March 22, 2020, Governor John Bel Edwards issued a “stay-at-home” order, requiring Louisiana residents to shelter in place until April 13, 2020, unless the order is terminated sooner.  Many Louisiana business owners have questions as to whether their businesses can stay open while the order remains in effect.  Businesses that provide “essential services” may remain open.  Businesses that do not provide “essential services” but have not specifically been ordered to close may remain open, but a 10-person limitation on “gathering size” applies.  These non-essential businesses may operate with a skeleton crew of fewer than ten people, with minimum contact with the public, and must engage in proper social distancing.  Learn more here.

COVID-19: The Current State of Affairs

The past two weeks in Louisiana have been filled with constant new developments and news articles related to the rapid spread of the novel coronavirus and COVID-19, the illness the virus causes. In response, Louisiana Governor John Bel Edwards, New Orleans Mayor LaToya Cantrell, Baton Rouge Mayor Sharon Weston Broome, and other officials in the state have issued proclamations regarding COVID-19 and how it will affect business and government operations, events, taxes, prescriptive periods, and evictions.  Read our helpful summary here.

President Signs Coronavirus Response Act

On March 18, 2020, President Trump signed H.R. 6201, the “Families First Coronavirus Response Act”, which goes into effect on April 2, 2020 and remains effective until December 31, 2020.  The Act attempts to mitigate the financial impact of the novel coronavirus pandemic on individuals by requiring employers to provide paid leave to employees who are experiencing symptoms of COVID-19 (the illness caused by the virus), caring for another person who is quarantined due to the coronavirus, or caring for a child whose school is closed because of the coronavirus. The Act also expands food assistance and unemployment benefits, mandates free coronavirus testing, and provides additional protections for health care workers.  For more information, click here.

Fishman Haygood Proudly Welcomes Tyler Marquette as Partner

Fishman Haygood proudly welcomes Tyler Marquette as a partner in the firm.  Tyler’s practice focuses on all aspects of commercial real estate, including development, construction, acquisitions and sales, financing, and leasing.  Tyler also practices banking, finance, and corporate law.  He is a licensed title insurance producer for our firm-owned title insurance agency, Commercial Title Agency, L.L.C. 

Tyler’s work on behalf of his clients earned him the recognition of Best Lawyers in America as a leading Commercial Real Estate attorney.  Fishman Haygood looks forward to Tyler’s continued commitment to providing our clients with efficient, responsive, and high-quality legal representation.  See the official announcement here.

Charles Landry Successful in Annexation of St. George-Area Businesses to Baton Rouge

Charles Landry was successful in petitioning the East Baton Rouge Metro Council to annex several significant St. George-area businesses to Baton Rouge.  The Metro Council’s January 8, 2020 approval of the annexation was unanimous.  The pro-Baton Rouge businesses include Turner Industries, an affiliate of Stirling Properties, the Louisiana School Employees Retirement System, and affiliated businesses that own much of United Plaza.  The total assessed value of the real property annexed is $16 million.  Since 2014, Charles Landry has successfully annexed an estimated $200 million of real property to Baton Rouge from the St. George area.  Read more here and here.

Charles Landry Leads Charge for St. George-area Businesses Seeking Annexation into Baton Rouge

Charles Landry represents several significant St. George-area businesses that seek annexation to Baton Rouge.  His clients include Turner Industries, an affiliate of Stirling Properties, the Louisiana School Employees Retirement System, and affiliated businesses that own much of United Plaza.  The total assessed value of the real property at issue is $16 million. The Metro Council will vote on the annexation petitions on Wednesday, January 8, 2020.  Read more here.

Charles Landry and Lauren De Witt help Lafayette create 5 Economic Development Districts

At the request of Mayor Joel Robideaux, the City-Parish of Lafayette recently hired Charles Landry and Lauren De Witt to assist in the creation of six Economic Development Districts (EDDs) in the City of Lafayette. The Council ultimately voted in favor of creating five EDDs. The EDDs add an important tool to the City’s economic development toolkit, with the ability to levy up to 2% sales taxes and hotel taxes and to partner with third party nonprofit groups and private developers to fund and construct a variety of economic development projects within the EDD. The projects include much-needed public infrastructure improvements, blight-remediation, and development projects that will boost the local economy.  Read more here.

Fishman Haygood Prevails on Standing Issue in the USCA for the Fifth Circuit

Fishman Haygood prevailed on a securities law issue of first impression before the United States Court of Appeals for the Fifth Circuit.  Citing the Delaware Supreme Court, the Fifth Circuit overturned the district court’s ruling that Louisiana investors in Delaware hedge funds lacked standing to bring securities fraud claims against their former investment advisers under Louisiana law because Delaware law would require the investors to join the fund in a derivative action.  Jason Burge argued the appeal for the firm’s clients, including the Firefighters Retirement System and the Municipal Employees Retirement System of Louisiana. Read the opinion here.

Stirling Properties Affiliate Sells Walgreens Portfolio to a Pasadena Firm

Fishman Haygood client, Stirling SST Con1, L.L.C. (an affiliate of Stirling Properties, L.L.C.), sold a portfolio of Walgreens stores to ExchangeRight, a real estate firm in Pasadena, California.  The sale involved the defeasance of a commercial mortgage-backed securitized loan held by U.S. Bank National Association, and the replacement of the mortgage collateral with government-backed securities.  The sale closed on August 14, 2019.

Steven Serio and Carson Haddow were Stirling’s counsel for the transaction.

 

ACREL Fellows fill the Who’s Who Legal-Real Estate list of “Thought Leaders-Global Elite 2019” in the United States

All of the Who’s Who Legal-Real Estate “Thought Leaders-Global Elite 2019” in the United States, including Fishman Haygood Partner Scott Willis, are Fellows of the American College of Real Estate Lawyers (ACREL). ACREL is national organization comprised of outstanding real estate attorneys. Admission to ACREL is based on a rigorous invitation-only screening process. Fellows are recognized for their exceptional legal ability, myriad experience and high standard of professional and ethical conduct in the practice of real estate law. Scott also serves on ACREL’s Board of Governors.

Black Bay Energy Capital Closes Partnership Deal with Total Operations and Production Services

Fishman Haygood client, Black Bay Energy Capital, has partnered with Total Operations and Production Services (TOPS). Black Bay is a private equity firm focused on high-growth companies with next-generation products, services and technology solutions in the oilfield services and equipment sector. TOPS is a provider of compression products and services that specializes in gas lift applications in the Permian Basin. TOPS’ innovation in electric compression has created strong demand for its electric driven gas lift compression systems and has resulted in rapid growth of the company. TOPS’ impressive growth and differentiated approach to gas lift compression make TOPS and Black Bay a perfect match.

Sharonda Williams to Receive Outstanding Lawyer Hidden Figure/Impact Award

Sharonda Williams is one of seven influential women who will receive the Outstanding Woman Lawyer Hidden Figure/Impact Award from the National Bar Association, Women Lawyers Division.  This national honor celebrates women lawyers and jurists who advance and embody the ideals of the NBA-WLD.…

Fishman Haygood prevails in Mississippi Supreme Court

A team led by Fishman Haygood partner Alysson Mills has successfully argued Anheuser-Busch violated the Mississippi Beer Industry Fair Dealing Act when it “matched and snatched” a Mississippi beer distributor’s sale to another distributor.

Rex Distributing, a family-owned distributor in Gulfport, Mississippi, alleged Anheuser-Busch and Mitchell Distributing conspired to redirect Rex’s intended sale to Mitchell instead, to punish Rex for having done business with Yuengling, Anheuser-Busch’s competitor.  …

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Resources

Hurricane Ida: Recovering Business Losses

In the wake of Hurricane Ida, businesses should look to their insurance policies to find coverage, whether for property damage, business interruption losses, or other covered losses. Fishman Haygood’s team of experienced insurance coverage attorneys…

Resources Archives