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 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 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. …

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.

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.

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.

Because the overall market has performed well over the past several years, a great deal of investor losses and broker misconduct has gone undetected.  Many investors have lost money in the recent decline of the market due to COVID-19, but for some investors, negligence or other misconduct on the part of a broker or financial advisor has caused excessive and unnecessary losses that could have been prevented.  Fishman Haygood’s team of securities lawyers is here to help.  Click here for more information.

As more investors eye lucrative investment opportunities in Qualified Opportunity Zones, the SEC and state regulators will be monitoring securities activities associated with the program. Maureen Gershanik advises that, at the federal level, careful compliance with these four areas of securities regulations will help avoid costly violations that could delay or even prevent a transaction: Securities Offering Regulation, Broker-Dealer Regulation, Investment Adviser Regulation, and Investment Company Act Regulation.  Learn more in Maureen’s article that was recently published by the ABA Probate & Property Magazine.

The Community Development Financial Institutions (CDFI) Fund today announced the opening of the calendar year 2019 allocation round of the federal new markets tax credit (NMTC). Applications are due October 28, 2019. The CDFI Fund anticipates announcing 2019 NMTC awards in summer 2020. The CDFI Fund provides resources including an introduction to the NMTC program, the NMTC program application, the Notice of Allocation Availability (NOAA), an Awards Management Information System navigation guide, an application FAQ and an application roadmap presentation here.

The Opportunity Zones (“OZ”) tax incentive allows taxpayers to defer until 2026 taxes on capital gains if those profits are reinvested in opportunity funds–which are equity funds that invest in businesses in opportunity zones.  Read more about Opportunity Zones here.  If you have questions about Opportunity Zones, contact Charles Landry.

Real Estate Developers in Louisiana can receive tax dollars to enhance projects through Economic Development Districts (EDDs).  EDDS are strictly defined geographic areas that are authorized and created by ordinance of the city or parish where they are located.  The vast majority of EDDs generate tax revenues for real estate developments from sales and use taxes and hotel occupancy taxes, though property taxes may also be used.  Read more about EDDs here. If you have questions about Opportunity Zones, contact John Werner or  Charles Landry.

Fishman Haygood and New Orleans CREW (Commercial Real Estate Women), welcomes CREW delegates from across the country for the 2019 CREW Network Leadership Summit.  This multifaceted meeting brings together the top leaders in CREW Network to learn from one another about chapter management, but also to learn from leading experts about the critical leadership skills that give you the business advantage.