View Recent Blog Posts in Professional Liability
- Kean Miller Data Security Alert: W-2 Phishing Scam Returns for Tax Season The IRS has sent an urgent alert to employers this month that a W-2 phishing scam that many companies fell victim to in 2016 is back in full force for 2017. The IRS warns that this scam is emerging earlier this year and is targeting school districts, tribal organizations, and nonprofits in addition to businesses.... Continue Reading...
- U.S. District Court for the Middle District of Louisiana Suspends Legal Delays Due to Flooding Chief Judge Brian Jackson issued an "Omnibus Order Suspending All Deadlines" for cases pending or to be filed in the U.S. District Court for the Middle District of Louisiana. The Order explains that the court has been inaccessible—a key term in the Federal Rules of Civil and Appellate Procedure—since August 12, 2016 due to historic... Continue Reading...
- The Flood of 2016: Governor Edwards Amends Executive Order Suspending Running of Prescription, Peremption, and Legal Delays On August 17, 2016, Governor Edwards amended Executive Order JBE 2016-57 which had suspended the running of prescription, peremption, and all legal delays from August 12, 2016 until September 9, 2016. The amendment to Executive Order JBE 2016-57 modifies the suspension of deadlines as follows: Liberative prescription and peremptive periods continue to be suspended throughout... Continue Reading...
- Louisiana Rejects Negligent Spoliation of Evidence as a Tort Claim The Louisiana Supreme Court recently determined that there is no tort liability for negligent spoliation of evidence. "Regardless of any alleged source of the duty, whether general or specific, public policy in our state precludes the existence of a duty to preserve evidence. Thus, there is no tort." Reynolds v. Bordelon, No. 2014-2362, — So.3d... Continue Reading...
- Recent Developments in E-Discovery in Louisiana Electronic Discovery, or "E-Discovery", is not considered the "novel issue" it once was. However, E-Discovery still presents problems that litigants and courts struggle with. Below is a summary of recent Louisiana Federal Court opinions dealing with the issues surrounding E-Discovery. In Frees, Inc. v. McMillian, 2007 WL 184889 (W.D. La. Jan. 22, 2007), the Western... Continue Reading...
- Professional Liability Claims Against Louisiana Certified Public Accountants In 1997, the Louisiana Legislature adopted a claims review panel procedure involving "claims" against certified public accountants and firms. "Claims" as contemplated by the Act are broadly defined as: (1) "Claim" means any cause of action against a certified public accountant or firm, regardless of the legal basis of the claim, including but not limited... Continue Reading...
- Duties and Responsibilities of the State Board of Certified Accountants of Louisiana The declared purpose of the Louisiana Accountancy Law, is to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status of private and public clients. To that end, the Louisiana Legislature has decided that it is in the public interest to regulate the... Continue Reading...
- Regulation and Liability of Accountants Pursuant to Louisiana Law This is the first of a three-part series related to Louisiana law and regulations pertaining to the accounting profession. This part focuses on the historical licensing and regulation of the profession by the State of Louisiana. The Louisiana statutes and regulations governing accountants have become much more sophisticated and comprehensive through the years. In the... Continue Reading...