snw-law

Title Insurance – A Risk Management Tool

Thu, 30 Apr 2026 17:41:50 GMT

For compliance officers and legal professionals who spent the early months of 2026 preparing for the new FinCEN Residential Real Estate Reporting Rule, last week brought a significant development: a federal court struck down the rule entirely. The decision vacates the regulation nationwide — but with conflicting rulings across circuits, the compliance landscape remains anything but settled.

Background: What Was the FinCEN Real Estate Reporting Rule?

The Residential Real Estate Reporting Rule, which took effect on March 1, 2026, was FinCEN’s most ambitious attempt to date to close a well-documented gap in the U.S. anti-money laundering (AML) framework. Unlike residential mortgages — which are already subject to robust Bank Secrecy Act (BSA) reporting — all-cash real estate transactions had largely flown under the regulatory radar.

The rule targeted non-financed transfers of residential real property where the buyer was a legal entity or trust. Under its terms, “reporting persons” (primarily title companies, escrow agents, and settlement attorneys) were required to:

Identify and verify the beneficial owners of purchasing entities and trusts
Collect detailed information about the transferee, transferor, and the property
File a Real Estate Report with FinCEN within 30 days of closing
Retain records for five years

Unlike FinCEN’s earlier Geographic Targeting Orders (GTOs), the new rule carried no geographic limitation or minimum transaction threshold — making it the broadest real estate AML reporting mandate ever issued.

The Court’s Decision: Flowers Title Companies v. FinCEN

The challenge came from Flowers Title Companies, LLC, a Texas-based title company that filed suit under the Administrative Procedure Act (APA), arguing that FinCEN had exceeded the statutory bounds of the Bank Secrecy Act in issuing the rule.

Judge Jeremy D. Kernodle of the Eastern District of Texas agreed. The court held that cash real estate transfers to entities and trusts are not categorically “suspicious” within the meaning of the BSA — the foundational basis FinCEN relied upon to justify the rule. Without the ability to rely thereupon, the agency now appears to lack the authority to impose the sweeping reporting requirements at issue.

The result: the rule is vacated in its entirety, restoring the pre-March 1 status quo. Title companies and other covered persons have no current obligation to file Real Estate Reports under the vacated regulation.

Why This Matters for Compliance and Legal Teams

For compliance professionals, the ruling creates a complex and potentially short-lived reprieve. Here’s what to keep in mind:

Reporting is currently suspended — but not permanently. The government is widely expected to appeal to the Fifth Circuit.
Conflicting precedent creates legal uncertainty. Other federal courts have recently upheld the rule as lawful, meaning the law in this area is genuinely unsettled.
GTOs remain in effect. FinCEN’s existing Geographic Targeting Orders in high-risk metro areas (including Miami, New York, Los Angeles, and others) are unaffected by this ruling. Compliance with active GTOs is still required.
Internal readiness work retains value. Organizations that invested in beneficial ownership verification workflows, data collection systems, and training should preserve those efforts. If the rule is reinstated on appeal, a rapid ramp-up will be necessary.

The Bigger Picture: AML and Real Estate

The Flowers Title ruling is a setback, but not necessarily a death blow, to FinCEN’s long-term agenda around real estate AML. The U.S. real estate market has been identified by the Financial Action Task Force (FATF) and FinCEN itself as a significant vulnerability for money laundering. Whether through rulemaking, expanded GTOs, or Congressional action, regulators are unlikely to abandon this area.

To learn more or to schedule a consultation, contact Joseph R. Marriott at joseph@snw.law or by telephone at (504)324-1886.

When Is the Other Parent’s Consent Required for Step-Parent Adoption in Louisiana?

Wed, 29 Apr 2026 19:22:04 GMT

When Is the Other Parent’s Consent Required for Step-Parent Adoption in Louisiana?

One of the most important questions in any Louisiana step-parent adoption is whether the other biological parent’s consent is required. In many cases, consent is necessary and must be formally executed before the adoption can proceed. This typically applies when the parent has maintained a relationship with the child or has continued to fulfill their legal obligations, such as paying child support or maintaining regular contact.

However, Louisiana law also recognizes that there are circumstances where a parent’s consent is not required. Courts may dispense with consent if the parent has failed to support the child or failed to communicate with the child for a specified period of time, as defined by statute. For example, prolonged absence, lack of meaningful contact, or failure to provide financial support can form the basis for terminating parental rights without consent. The burden is on the petitioner to prove that these conditions are met, and the court will closely examine the facts of each case.

In situations where consent is not obtainable, the process becomes more litigation-focused. The petitioner must present evidence demonstrating the other parent’s lack of involvement or failure to meet their obligations. This can include payment records, communication logs, testimony, or other documentation showing a pattern of absence or neglect. The court will evaluate this evidence carefully, with the child’s best interest as the guiding standard.

It is important to understand that termination of parental rights is a serious legal action, and courts do not grant it lightly. Even when statutory grounds exist, the court must still determine that the adoption is in the child’s best interest. For this reason, these cases often benefit from careful legal strategy and thorough preparation. When handled properly, however, step-parent adoption can move forward even without consent, allowing families to achieve legal stability and permanence despite challenging circumstances.

Johnston Burkhardt is a family lawyer and licensed mediator listed on the Louisiana State Bar Association’s Mediator Registry. To learn more about adoption, any other family law issues, or to schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law

Step-by-Step: How Step-Parent Adoption Works in Louisiana Courts

Wed, 29 Apr 2026 19:19:57 GMT

Step-Parent Adoption in Louisiana: A Practical Guide

Step-parent adoption in Louisiana, often referred to as an intrafamily adoption, is a legal process that allows a spouse to adopt their partner’s child and become that child’s legal parent. Once the adoption is finalized, the step-parent has the same rights and responsibilities as a biological parent, including decision-making authority, inheritance rights, and the obligation to support the child. At the same time, the legal rights of the other biological parent are terminated, either through consent or by court order. For many families, step-parent adoption is not just a legal step, it is a meaningful way to formalize an existing parent-child relationship and create long-term stability.

In Louisiana, step-parent adoption is generally available when the adopting step-parent is married to the child’s legal parent and has established a relationship with the child. The process begins with filing a petition for intrafamily adoption in the appropriate court, typically in the parish where the petitioner or child resides. Depending on the circumstances, the court may require the consent of the other biological parent. If consent is not available, the court can still grant the adoption if certain legal criteria are met, such as abandonment or failure to support or communicate with the child for a statutory period. The court’s ultimate focus is always the best interest of the child.

One of the advantages of step-parent adoption in Louisiana is that it is generally more streamlined than other types of adoption. Home studies are not required, particularly when the child has been living with the step-parent, and the process can move relatively quickly compared to private or agency adoptions. That said, each case is fact-specific, and issues involving consent, parental rights, or out-of-state parties can add complexity.

For families considering this step, the benefits are both legal and practical. Step-parent adoption can provide peace of mind by ensuring that the step-parent can make decisions for the child in medical or educational settings, maintain custody rights in the event of the biological parent’s death, and create clear inheritance rights. It also provides emotional security for the child, reinforcing the permanence of the relationship. While the process is designed to be accessible, working with an attorney can help ensure that the petition is properly prepared and that any issues with consent or parental rights are addressed efficiently.

Step-Parent Adoption in Louisiana: A Practical Guide

Wed, 29 Apr 2026 19:17:36 GMT

Step-Parent Adoption in Louisiana: A Practical Guide

Collaborative Divorce vs. Traditional Divorce: Cost and Outcome Comparison

Thu, 23 Apr 2026 19:26:00 GMT

Collaborative Divorce vs. Traditional Divorce: Cost and Outcome Comparison

The differences between collaborative divorce and traditional litigation are significant, particularly when it comes to cost and outcomes.

Traditional divorce is driven by the court system. It often involves multiple hearings, formal discovery, and extensive attorney involvement. This can lead to substantial legal fees and prolonged timelines.

Collaborative divorce, by contrast, is designed to streamline the process. While there are still professional costs involved, the focus on resolution typically results in lower overall expenses.

The outcomes also differ. In traditional divorce, a judge makes the final decisions. Those decisions may not fully reflect the priorities or preferences of either party.

In collaborative divorce, the parties maintain control over the outcome. This often leads to more customized and practical solutions.

Perhaps most importantly, collaborative divorce tends to preserve relationships. This is especially valuable in cases where the parties will continue to interact, such as co-parenting situations.

For many couples, the choice comes down to this: a court-driven process with uncertain outcomes, or a controlled, solution-focused process designed to move forward efficiently.

Johnston Burkhardt is a family lawyer and registered divorce Mediator listed on the Louisiana State Bar Association’s Mediator Registry. He is versed in community property partition, custody, child and spousal support, and all issues that arise during divorce. To learn more about mediation or schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law

Benefits of Collaborative Divorce for Families with Children

Thu, 23 Apr 2026 19:23:26 GMT

Amicable Divorce in Louisiana

An amicable divorce is exactly what it sounds like: a divorce where both spouses work together to reach an agreement rather than fight through the court system. In Louisiana, this typically means both spouses agree on the major issues: property division, custody, and support.

Instead of relying on a judge to decide these issues, the parties maintain control over the outcome. That control often leads to better, more tailored solutions for both sides.

An amicable divorce does not mean there are no disagreements. It means the parties are willing to resolve those disagreements productively—often through mediation or negotiation—rather than litigation.

The process is also significantly more efficient. In many cases, once an agreement is reached, the divorce can proceed quickly after the required separation period. This stands in contrast to contested divorces, which can take years to resolve.

For many couples, an amicable divorce offers a path forward that protects finances, reduces stress, and preserves relationships, especially when children are involved.

Amicable Divorce in Louisiana

Thu, 23 Apr 2026 19:20:22 GMT

Amicable Divorce in Louisiana

Instead of relying on a judge to decide these issues, the parties maintain control over the outcome. That control often leads to better, more tailored solutions for both sides.

For many couples, an amicable divorce offers a path forward that protects finances, reduces stress, and preserves relationships, especially when children are involved.

Louisiana Special Needs Trusts for Adult Children with Disabilities

Thu, 23 Apr 2026 19:17:57 GMT

Louisiana Special Needs Trusts for Adult Children with Disabilities

For families with a child who has a disability, one of the most important questions is how to provide long-term financial support without jeopardizing eligibility for government benefits. A properly structured special needs trust is often the answer.

A special needs trust is a legal tool that allows assets to be set aside for the benefit of an individual with a disability while preserving access to needs-based benefits such as Supplemental Security Income (SSI) and Medicaid. These benefits are often essential for medical care, housing support, and daily living assistance, but they come with strict asset limits. Even a modest inheritance can unintentionally disqualify a child from receiving those benefits.

A special needs trust avoids that problem by placing assets under the control of a trustee, rather than the individual beneficiary. Because the beneficiary does not directly own the funds, those assets are generally not counted for purposes of benefit eligibility.

In most cases, parents establish a third-party special needs trust as part of their estate plan. This trust can be funded during the parents’ lifetime or upon their death through a will, trust, or life insurance proceeds. The trustee is then responsible for managing the funds and making distributions for the benefit of the child.

Importantly, the trust is designed to supplement, not replace, government benefits. Funds can be used for expenses that improve the child’s quality of life, such as education, therapy, transportation, recreation, and other non-covered needs. At the same time, distributions must be handled carefully to avoid interfering with eligibility for public assistance.

Choosing the right trustee is a critical decision. The trustee must understand both the family’s goals and the rules governing public benefits. In many cases, families select a trusted individual, a professional fiduciary, or a combination of both.

Without proper planning, leaving assets outright to a child with a disability can create unintended consequences. A special needs trust provides a structured, protective solution that ensures financial support is available while maintaining access to essential benefits.

For families navigating these issues, thoughtful estate planning is not just helpful—it is essential to protecting the long-term well-being of their child.

Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC, with experience in estate planning, interdictions, and planning for individuals with disabilities. He regularly assists families in structuring special needs trusts to protect long-term financial security while preserving eligibility for essential government benefits. To learn more about special needs planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

FinCEN's Real Estate Reporting Rule Vacated: What You Need to Know

Thu, 02 Apr 2026 19:51:43 GMT

For compliance officers and legal professionals who spent the early months of 2026 preparing for the new FinCEN Residential Real Estate Reporting Rule, last week brought a significant development: a federal court struck down the rule entirely. The decision vacates the regulation nationwide — but with conflicting rulings across circuits, the compliance landscape remains anything but settled.

Background: What Was the FinCEN Real Estate Reporting Rule?

Identify and verify the beneficial owners of purchasing entities and trusts
Collect detailed information about the transferee, transferor, and the property
File a Real Estate Report with FinCEN within 30 days of closing
Retain records for five years

The Court’s Decision: Flowers Title Companies v. FinCEN

Why This Matters for Compliance and Legal Teams

For compliance professionals, the ruling creates a complex and potentially short-lived reprieve. Here’s what to keep in mind:

Reporting is currently suspended — but not permanently. The government is widely expected to appeal to the Fifth Circuit.
Conflicting precedent creates legal uncertainty. Other federal courts have recently upheld the rule as lawful, meaning the law in this area is genuinely unsettled.
GTOs remain in effect. FinCEN’s existing Geographic Targeting Orders in high-risk metro areas (including Miami, New York, Los Angeles, and others) are unaffected by this ruling. Compliance with active GTOs is still required.
Internal readiness work retains value. Organizations that invested in beneficial ownership verification workflows, data collection systems, and training should preserve those efforts. If the rule is reinstated on appeal, a rapid ramp-up will be necessary.

The Bigger Picture: AML and Real Estate

To learn more or to schedule a consultation, contact Joseph R. Marriott at joseph@snw.law or by telephone at (504)324-1886.

Construction Lien Property: What Every Buyer and Seller Needs to Know

Tue, 24 Mar 2026 16:46:02 GMT

Construction Lien Property: What Every Buyer and Seller Needs to Know

A construction lien on your property can stop a real estate closing in its tracks — here's what causes it and how to fix it.

If you're buying or selling real estate and a contractor, subcontractor, or supplier was never paid for work done on the property, you could face a lien — and a closing that won't proceed until it's resolved. Understanding construction lien priority is essential for anyone in a real estate transaction.

What Is Construction Lien Priority?

Lien priority determines who gets paid first if a property is sold or foreclosed. In most states, construction-related liens — also called mechanic's liens or materialman's liens — can "relate back" to the date work first began, not the date the lien was filed. This means a lien recorded after your mortgage could still outrank it.

4 Common Ways Lien Priority Breaks Down at Closing

Construction began before the mortgage was recorded — giving material man, contractors and subcontractors, priority over the lender.
Unpaid subcontractors on a newly built home file liens the buyer never knew about.
The seller failed to record a notice of completion, leaving the lien filing window open.
Recording errors or gaps in the chain of title create disputed priority positions.

How It Disrupts the Closing Cycle

When a title examiner flags a construction lien — or evidence that work occurred without confirmed payment — the title insurer will typically refuse to issue a clean policy. Without title insurance, lenders won't fund. The result: delays, renegotiations, escrow holdbacks, or a failed transaction.

How to Resolve a Construction Lien Before Closing – Additional Work and Costs

While the below are all valid ways to potentially "work around" a lien and/or broken priority, they are requiring additional and often uncontemplated work and can include unanticipated costs, including getting lien waiver, paying the lienholder, securing a surety bond, and/or negotiated an indemnity (when backed by sufficient assets).

To learn more or to schedule a consultation, contact Joseph R. Marriott at jospeh@snw.law or by telephone at (504)324-1886.

Testate vs. Intestate Successions in Louisiana: What’s the Difference?

Tue, 24 Mar 2026 16:42:39 GMT

Testate vs. Intestate Successions in Louisiana: What’s the Difference?

In Louisiana, a succession is classified as either testate or intestate depending on whether the decedent left a valid will. A testate succession occurs when the decedent executed a will that complies with Louisiana law, typically in the form of a notarial or olographic testament. In these cases, the decedent is able to direct how their property is distributed, name an executor, and potentially simplify the administration process. The court’s role is to probate the will, confirm the executor, and oversee the implementation of the decedent’s wishes. However, even in a testate succession, the will is subject to certain limitations, most notably Louisiana’s forced heirship rules, which protect certain heirs such as children under the age of 24 or those with permanent disabilities.

An intestate succession occurs when there is no valid will, either because the decedent never executed one or because the will is invalid or revoked. In that situation, Louisiana’s intestacy statutes determine who inherits and in what proportions. These rules prioritize close family members, beginning with descendants, and can include a surviving spouse’s usufruct over community property. While intestacy provides a default framework, it often produces results that do not align with the decedent’s preferences, particularly in blended families or where the decedent had specific intentions about certain assets. Practically speaking, testate successions tend to offer more control and predictability, while intestate successions can involve more court oversight, uncertainty, and potential disputes among heirs.

Even basic estate planning, such as executing a will and organizing your assets, can significantly reduce stress, cost, and uncertainty for your family after your death. To learn more or to schedule a free consultation regarding estate planning or successions, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

How Long Does a Succession Take in Louisiana?

Tue, 24 Mar 2026 16:33:55 GMT

How Long Does a Succession Take in Louisiana?

The timeline for completing a succession in Louisiana varies widely depending on the facts of the case, and there is no fixed deadline under Louisiana law. A succession can be filed at any time immediately following death. In a simple, uncontested succession with a small number of heirs and clearly identifiable assets, the process can often be completed in a matter of just a few months. A succession administrator will be appointed shortly after filing, and that person can immediately access bank accounts, pay expenses of the succession, sell property, and manage the assets and debts of the succession. This is especially true where the parties are cooperative, the decedent left a valid will, and the succession can proceed through independent administration or by affidavit in the case of a qualifying small succession. Early organization of key documents, such as asset lists, titles, and account information, can significantly streamline the process.

On the other hand, more complex successions can take a year or longer. Delays frequently arise when the estate includes immovable property that requires title work, business interests that must be valued, or creditor claims that need to be resolved. Additional complications can include locating and placing heirs in possession, addressing disputes among heirs, or litigating issues such as will contests or challenges to the administration. Court scheduling, required notices, and procedural steps can also extend the timeline. While some delays are unavoidable, proactive planning, clear communication among heirs, and experienced legal guidance can help move the succession forward more efficiently and reduce the risk of prolonged administration.

What to Do When a Tax Sale Only Gets You Part of the Property

Mon, 23 Mar 2026 19:02:34 GMT

What to Do When a Tax Sale Only Gets You Part of the Property

Buying property at a tax sale in Louisiana does not always mean you own the entire property. In many cases, you only acquire the interest of the owner who failed to pay taxes. That means you may end up owning a percentage of the property—not the whole thing—alongside other owners.

The first step is to confirm and quiet the tax title. This is a court process that formally recognizes your ownership of the interest you purchased at the tax sale. It does not give you full ownership of the property, but it solidifies your rights to the percentage you acquired.

Once that is done, you become a co-owner with whoever owns the remaining interest. From there, you have a few practical options.

You can try to work out a deal with the other owner and purchase their share. This is often the simplest and fastest way to gain full ownership, especially if the other party is willing to sell.

If that is not possible, you have the right to force a resolution through a partition. This is a legal process that ends the co-ownership. In some cases, the property can be physically divided, but more often it is sold. When the property is sold, the proceeds are split between the owners based on their ownership percentages.

In short, even if a tax sale only gives you part of a property, you still have a clear path forward. By confirming your title and then pursuing a buyout or partition, you can turn a partial interest into real, usable value.

To learn more or to schedule a free consultation regarding tax sales or real estate law,

contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

Who Inherits Your Property When You Die Without a Will in Louisiana?

Mon, 23 Mar 2026 18:59:53 GMT

Who Inherits Your Property When You Die Without a Will in Louisiana?

If you die without a will in Louisiana, your property is distributed according to the state’s intestacy laws. These laws create a fixed order of inheritance that determines who receives your assets, regardless of what you may have intended. While the system is designed to follow a logical family hierarchy, it often produces results that do not reflect modern family dynamics or personal wishes.

In most cases, if you have children, they will inherit your property. If you are married at the time of your death, your surviving spouse does not automatically receive full ownership of community property. Instead, the spouse typically receives a usufruct over your share of the community property, while your children inherit naked ownership. This means your spouse can use and benefit from the property during their lifetime or until remarriage, but your children ultimately own it. Your separate property, however, generally passes directly to your children without any usufruct in favor of the surviving spouse.

If you do not have children, the law looks to other family members in a specific order. Your parents and siblings are next in line. If both parents are alive, they may inherit your separate property, while siblings may inherit subject to certain usufruct rights. If your parents are deceased, your siblings typically inherit. From there, the law continues to more remote relatives, such as grandparents, aunts, uncles, and cousins, depending on who survives you.

Importantly, certain people you may expect to inherit have no rights under Louisiana intestacy law. Unmarried partners, stepchildren, and close friends are not included, no matter how close the relationship. This can lead to unintended consequences, especially in blended families or long-term partnerships where no will has been executed.

In addition to determining who inherits, intestate successions often require more court involvement because there is no will to guide the process or appoint a representative. This can increase costs, delay administration, and create the potential for disputes among heirs. For these reasons, even a basic estate plan, such as a properly executed will, can ensure that your property is distributed according to your wishes and can make the process significantly easier for your family.

Estate Planning in Louisiana: Understanding Forced Heirs

Mon, 09 Mar 2026 17:09:52 GMT

Estate Planning in Louisiana: Understanding Forced Heirs

Louisiana’s forced heirship laws are unique and can significantly affect how a person structures their estate plan. Unlike most states, Louisiana law requires that certain children receive a portion of a parent’s estate, regardless of what a will provides. These children are known as forced heirs.

Under the Louisiana Civil Code, there are two categories of forced heirs.

1. Children Under the Age of 24

A child of the decedent who is 23 years old or younger at the time of the parent’s death is considered a forced heir. If a parent dies while leaving a child under 24, that child is entitled to a reserved portion of the estate known as the forced portion.

The forced portion is 25% of the estate if there is one forced heir, or 50% of the estate if there are two or more forced heirs. The remaining portion of the estate (the disposable portion) may be left to anyone the testator chooses.

2. Adult Children with Permanent Disabilities

A child of any age can be a forced heir if they are permanently incapable of caring for themselves or managing their affairs due to a mental incapacity or physical infirmity. This category often includes adult children with significant intellectual or developmental disabilities.

Because these children may require long-term care and financial support, Louisiana law ensures they cannot be disinherited.

Planning Considerations

Forced heirship requires careful estate planning. In many cases, a forced heir’s portion can be placed into a trust, allowing the inheritance to be managed responsibly while still complying with Louisiana law.

For families with minor children or children with special needs, it is especially important to work with an estate planning attorney to structure a plan that complies with Louisiana law while protecting the long-term interests of the family.

If you have questions about forced heirship or need assistance preparing a will or trust, consulting with an experienced Louisiana estate planning attorney can help ensure your plan is legally sound and tailored to your family’s needs.

To learn more or to schedule a free consultation, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

When Employees Leave, Employers May Owe Vacation, Bonuses and Wages

Tue, 03 Mar 2026 20:38:38 GMT

Chelsea Cusimano : Accrued Vacation, Bonuses and Wages May All Be on the Table.

Chelsea Cusimano, Employment and Business Lawyer

Times change fast -- and whether you're an employee or the employer, you know that employees today have more leverage than ever. Workers are choosing jobs they actually want, working for causes and people they want to, and leaving workplaces that no longer fit their vibe.

They also are asking smarter questions about pay and benefits along the way.

But when a resignation, or a termination, comes -- you may be left wondering what they are actually entitled to be paid.

Let’s break it down.

First, lets talk about wages. The non-negotiable.

Under the Louisiana Wage Payment Act , employees are entitled to receive all wages they’ve earned, or the “amount then due under the terms of

employment,” on or before the next regular payday or no later than fifteen days after resignation or termination—whichever comes first. If an employee is leaving a job and believes they have not been paid everything they earned, and more than fifteen days have passed, employees should send their employer(s) a written demand for payment. An email is enough. If the employer fails to respond or refuses to pay wages that are not actually in dispute, employees may be entitled to recover up to ninety days of penalty wages, along with attorney’s fees for having to collect wages employees were legally owed.

Next up: What about vacation pay when employees resign or are terminated? This is a great question, and the answer almost always starts in the same place: the company policy. If an employee has earned or accrued vacation time, and the policy does not clearly say otherwise, employees may be entitled to be paid for that unused vacation when their employment ends. For a company to lawfully withhold vacation pay that an employee already earned or accrued, its policy must expressly and clearly state that unused vacation will not be paid out at separation. If employees are entitled to vacation pay at the time of separation, the employee should make sure to send a written demand. Just like wages, employees might be entitled to penalty wages and attorney fees if employees have to hire an attorney to collect these fees.

Now let’s talk bonuses. Whether employees get paid when you leave comes down to one key question: was the bonus earned? Start with the company’s bonus policy, but don’t stop there. If employees’ bonus is tied to work already performed, such as sales closed, goals met, milestones achieved… it’s generally considered wages, and the company must pay it. Discretionary bonuses or bonuses conditioned on continued employment are a different story and may not be owed once an employee separate. Still, if employees believe they earned the bonus, an employee should make a written demand. Asking costs nothing, and it can make all the difference.

Have questions about your business or leaving your job? Contact cbc@snw.law .

FinCEN's New Real Estate Reporting Rule Is Now in Effect — Here's What You Need to Know

Tue, 03 Mar 2026 20:06:34 GMT

FinCEN's New Real Estate Reporting Rule Is Now in Effect — Here's What You Need to Know

1. The Rule is Live — Nationwide

As of March 1, 2026, a landmark new Residential Real Estate Rule from the Financial Crimes Enforcement Network (FinCEN) requires federal reporting of certain residential real estate transactions.

2. Why It Exists

The U.S. Treasury has long recognized that illicit use of residential real estate threatens national economic security, and this rule is designed to combat and deter money laundering at scale.

3. A Permanent, Nationwide Replacement

Unlike FinCEN's previous Geographic Targeting Order framework — which imposed reporting obligations based on location, price, and property type — this new rule applies nationwide and captures a far greater number of transfers.

4. The Three-Part Trigger

In plain terms, FinCEN is targeting transactions with three defining features: residential real estate, a buyer that is not a natural person (such as an LLC, corporation, partnership, or trust), and no traditional bank mortgage tied to the purchase (any organization that is not subject to Anti-Money Laundering regulation).

5. Private Financing Doesn't Exempt You

Private financing arrangements, including hard money loans, do not qualify as institutional financing for exemption purposes, meaning many deals once considered routine may now trigger federal disclosure requirements.

6. Covered Property Types

Covered properties include one-to-four family homes, condominiums, cooperatives, and certain unimproved land intended for residential use.

7. Who Must File

While settlement agents and title companies are expected to bear the brunt of the reporting obligations, escrow providers and legal professionals may also be designated reporting persons depending on the transaction structure.

8. Limited Exemptions Apply

The rule contains limited exemptions, including transfers occurring by reason of death, divorce, court order, or bankruptcy proceedings — and these exemptions are narrowly defined and must be evaluated carefully.

9. Filing Deadline

The Real Estate Report must be filed by the last day of the month following the month of closing, or 30 days after closing — whichever is later.

10. Act Now

Given the breadth of the new rule, residential property owners, investors, and real estate professionals should consult legal counsel early to ensure compliance, avoid unexpected closing delays, and properly allocate reporting responsibilities.

For more information or to schedule a consult with a real estate attorney, contact Joseph Marriott at (504) 324-1886 or joseph@snw.law , or Johnston Burkhardt at (504) 324-2141 or johnston@snw.law .

Disclaimer: This blog post is for informational purposes only and does not constitute legal or financial advice. Consult qualified legal counsel for guidance specific to your transactions.

How to Prepare for a Family Law Mediation Session

Fri, 20 Feb 2026 19:22:37 GMT

How to Prepare for a Family Law Mediation Session

Family law mediation works best when everyone comes to the table prepared. Mediation is not about surprise tactics or courtroom drama—it’s about informed decision-making, efficiency, and reaching an agreement that you are comfortable with and can live with long after the session ends.

If you are scheduled for a family law mediation, there are two simple steps you should take in advance to set yourself up for success.

1. Complete the Mediation Questionnaire Thoroughly and Honestly

Before mediation, clients are asked to complete a detailed intake questionnaire. This document is not busywork. It provides the mediator with essential background information about your case, including the issues to be resolved, areas of agreement, and areas of dispute.

Take the time to fill it out completely and accurately. The more information the mediator has in advance, the more productive your session will be. Incomplete or rushed responses often lead to time being spent during mediation just clarifying basic facts—time that could otherwise be used to work toward resolution.

2. Gather Financial Documents in Advance

For cases involving child support, spousal support, or property partition, having reliable financial information is essential. Mediation depends on realistic numbers, not estimates or assumptions.

You should gather documents that reflect:

Your current income (recent pay stubs, tax returns, or other income records)
Bank account balances
Retirement accounts and investment statements
Real estate values
Outstanding debts, including mortgages, credit cards, loans, and other liabilities

You do not need to organize these documents perfectly or create spreadsheets unless instructed to do so. Simply having accurate, up-to-date records available allows discussions to stay grounded in reality and prevents delays caused by missing information.

Why Preparation Matters

Mediation is designed to be efficient, cost-effective, and respectful. When both parties arrive prepared, sessions tend to move faster, cost less, and result in clearer, more durable agreements.

Preparation also gives you confidence. Knowing your financial picture and having thought through your priorities allows you to focus on solutions rather than reacting under pressure.

If you and your spouse or co-parent are looking for a more respectful, efficient path forward, SNW’s Family Law Mediation Practice may be a good fit. To learn more or to schedule a consultation with SNW’s mediator, Johnston Burkhardt, contact him today at johnston@snw.law or 504-313-4199.

Partitioning Co-Owned Property in Louisiana

Fri, 20 Feb 2026 19:17:26 GMT

Partitioning Co-Owned Property in Louisiana

Co-ownership of real estate can work—until it doesn’t. When co-owners disagree on use, management, or sale of a property, Louisiana law provides a clear exit: partition.

The Right to Partition

Under Louisiana law, no one can be forced to remain in co-ownership. Any co-owner of immovable property—whether they own 1% or 99%—has the right to demand partition at any time, unless that right has been lawfully waived for a limited period.

This right applies regardless of how the co-ownership arose: inheritance, divorce, tax sale, joint purchase, or otherwise.

Types of Partition

There are two primary forms of partition:

Partition in Kind
The property is physically divided among the co-owners. This is only possible when the property can be fairly and practically split without substantially diminishing its value. For most residential properties, this is not feasible.
Partition by Licitation (Judicial Sale)
When the property cannot be conveniently divided, the court orders the property sold—typically at sheriff’s sale—and the proceeds are distributed among the co-owners in proportion to their ownership interests. This is the most common form of partition for houses, condos, and single parcels of land.

The Procedure

If co-owners cannot agree to sell or divide the property voluntarily, a co-owner may file a petition for partition in the parish where the property is located. The process generally includes filing a lawsuit naming all co-owners as defendants, getting all the parties served, obtaining a court order directing a judicial sale, and distribution of sale proceeds after payment of costs and approved expenses.

Costs and Reimbursement

Costs associated with the partition—including court costs, appraisal fees, and certain necessary expenses incurred for the preservation of the property—are typically paid from the sale proceeds before distribution. In appropriate cases, a co-owner who advanced funds to protect or maintain the property may be entitled to reimbursement.

To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

Louisiana Evictions: Is Louisiana a Self-Help Eviction State?

Fri, 20 Feb 2026 19:13:24 GMT

Louisiana Evictions: Is Louisiana a Self-Help Eviction State?

No. Louisiana is not a self-help eviction state.

Landlords cannot legally evict a tenant without going through the court system—even when rent is unpaid or a lease has expired.

This misconception leads to some of the most expensive landlord mistakes we see. Changing locks, cutting utilities, or removing a tenant’s belongings without a court order can expose a landlord to serious legal liability.

What Is a Self-Help Eviction?

A self-help eviction occurs when a landlord tries to force a tenant out without a court-ordered eviction. In Louisiana, common examples of illegal self-help evictions include:

Changing or re-keying the locks
Shutting off water, electricity, or gas
Removing doors, windows, or appliances
Throwing away or seizing a tenant’s personal property
Harassment or intimidation to make the tenant leave

These actions are illegal in Louisiana residential eviction cases , regardless of the reason for eviction.

Louisiana Requires Court-Ordered Evictions

In Louisiana, only a judge can order an eviction. Ownership of the property alone does not give a landlord the right to remove a tenant.

Even if:

Rent has not been paid
The lease has expired
The tenant violated the lease
The landlord wants the property back

The landlord must follow the Louisiana eviction process set out in state law.

To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

The Louisiana Eviction Process: A Simple Overview

Fri, 20 Feb 2026 19:08:47 GMT

The Louisiana Eviction Process: A Simple Overview

Evictions in Louisiana follow a strict legal process. While the timeline can be faster than in some states, landlords must follow each step carefully, which is why having an experienced real estate attorney matters. Skipping a step can result in dismissal or liability.

Step 1: Notice to Vacate

Most residential evictions require a five-day notice to vacate, excluding weekends and legal holidays, unless the lease provides otherwise. The notice must clearly demand possession and be properly served.

Improper notice is one of the most common reasons evictions fail.

Step 2: Filing an Eviction (Rule for Possession)

If the tenant does not vacate, the landlord must file a Rule for Possession in the proper court. The filing typically includes the lease, proof of notice, and the grounds for eviction.

Step 3: Eviction Hearing

The court sets a prompt hearing. Both sides may appear, but the landlord bears the burden of proving entitlement to possession. Judges expect landlords to be prepared.

Step 4: Judgment of Eviction

If the landlord prevails, the judge signs a Judgment of Eviction ordering the tenant to vacate. This judgment alone does not authorize the landlord to remove the tenant.

Step 5: Physical Eviction by Law Enforcement

If the tenant remains, the landlord must obtain a Writ of Possession. Only the sheriff or constable may physically remove the tenant. Landlords may not change locks, remove property, or shut off utilities.

How Long Does an Eviction Take?

Uncontested Louisiana evictions can take three to six weeks, but delays are common when notice or procedure is improper.

Bottom Line

Louisiana evictions are procedural. Doing it “almost right” often means doing it wrong. Following the correct procedural process protects both landlords and tenants—and avoids costly mistakes.

To learn more or to schedule a consultation with an experienced real estate attorney, contact Johnston Burkhardt at johnston@snw.law or 504-313-4199.

SNW and Johnston Burkhardt Launch Family Law Mediation Practice

Tue, 27 Jan 2026 19:00:50 GMT

SNW and Johnston Burkhardt Launch Divorce and Family Law Mediation Practice

Divorce mediation offers a fast, respectful, private, and more affordable alternative to courtroom litigation.

Sternberg, Naccari & White, LLC is proud to announce the launch of its Divorce and Family Law Mediation Practice led by attorney Johnston Burkhardt, a certified Family Law, Child Custody, and Visitation Mediator.

Many couples know they want a divorce, but they don’t want a fight. They want a process that is efficient, respectful, and focused on reaching a solution. Mediation offers a structured, confidential setting where spouses can resolve issues like custody, visitation, support, and property division with the help of a neutral mediator—without turning an already difficult transition into years of litigation.

Why Johnston Became a Mediator

As Johnston explains:

“Over the years, I have been approached by spouses seeking divorce who ask me if I can represent both of them. They don't want their parents' divorce of the past – spending thousands of dollars for lawyers on each side and months of turmoil litigating every issue.”

Recognizing the growing demand for collaborative, family-centered dispute resolution in Louisiana, Johnston pursued additional training and became a certified Family Law, Child Custody, and Visitation Mediator. He is listed on the Louisiana State Bar Association’s Mediator Registry.

How Mediation Works at SNW

Mediation is designed to help spouses reach clear agreements—efficiently and with dignity. Mediation sessions are guided, goal-oriented, and focused on practical outcomes. When appropriate, mediation can address:

Parenting plans (custody, visitation, holidays, decision-making)
Child support and related expenses
Spousal support
Community property partition and debt allocation
Other family-law issues that benefit from a cooperative approach

Mediation at SNW is charged as a flat fee and typically includes one half or one full day of mediation and the preparation of all agreements reached during the session. Spouses typically split the cost of the mediation. After the mediation is concluded, one of the parties can retain an SNW lawyer to file the documents with the court and finalize the divorce.

Why Spouses Are Choosing Mediation

Save in Legal Fees: Traditional divorces can cost tens of thousands of dollars, with both parties paying their own attorneys. Mediation often costs a fraction of that amount, with the parties sharing the cost of one mediator instead of multiple lawyers.
Faster Resolution: Litigation can drag on for months or years. Mediation can settle the terms of a divorce in days.
Private, Not Public: Mediation sessions are confidential. Keep your and your family’s personal matters out of public records and off the internet.
Protect Your Children : Reduce the emotional toll on your children. Mediation fosters cooperation and helps parents build healthier co-parenting relationships.
Respect Your Ex : There’s a reason you got married. You don’t have to hate this person. Let us help you navigate an emotionally responsible exit.
Don’t Lawyer Up : Both parties appear unrepresented, but before an experienced, neutral mediator who knows the law. If they reach an agreement, one party retains an SNW lawyer for the purposes of filing the necessary agreed-upon documents.

Schedule a Mediation Consultation

If you and your spouse are looking for a more respectful, efficient path forward, SNW’s Family Law Mediation Practice may be a good fit. To learn more or to schedule a consultation with Johnston Burkhardt, contact him today at johnston@snw.law or 504-313-4199. For more information on divorce and family law mediation, click here .

What to Expect in a Family Law Mediation Session

Tue, 27 Jan 2026 18:56:32 GMT

What to Expect in a Family Law Mediation Session

Divorce and custody disputes are stressful enough without the added tension of the courtroom. Mediation offers an alternative approach, aimed at helping families move forward without litigation. But many spouses ask the same question before beginning the process: What actually happens in a mediation session?

A Neutral Setting Focused on Resolution

Mediation sessions are conducted in SNW’s office, not a courthouse. The sessions usually last a half or a full day. The mediator’s role is not to pick sides or decide who is “right,” but to guide discussion, narrow issues, and help spouses reach practical agreements on custody, support, and property.

While each family is unique, common topics include:

Parenting plans (legal and physical custody)
Holidays and decision-making authority
Child support and related expenses
Spousal support
Community property and debt allocation
Move-away or relocation questions
Communication and co-parenting expectations

The mediator keeps the conversation organized and ensures each spouse has the opportunity to be heard.

Mediation may occur with both spouses in the same room, or through “caucusing” — the mediator shuttling between rooms if emotions run high or communication breaks down. This structure often reduces conflict and encourages creative problem-solving. Unlike court, which depends on judges’ calendars and months of discovery, mediation typically moves quickly. Many families resolve all major issues in a half-day or full-day session.

Everything discussed in mediation is confidential. Nothing said becomes public record, and neither party risks having private matters aired in open court. The focus is not on “winning,” but on reaching agreements that are workable, predictable, and beneficial to children and the family unit.

If an agreement is reached during the session, the parties will sign a written agreement of the terms. The parties can provide the agreement to a lawyer to file, or they can choose to retain an SNW attorney to file the agreement with the court. Once filed with the court and signed by the judge, the agreement becomes an enforceable order of the court. If an agreement is not reached during the session, the parties can schedule an additional mediation session.

About the Mediator

Johnston Burkhardt is a family lawyer and registered Mediator listed on the Louisiana State Bar Association’s Mediator Registry. He is a Child Custody and Visitation Mediator versed in community property partition, custody, child and spousal support, and all issues that arise during divorce.

To learn more about mediation or schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

What Happens After an Agreement Is Reached in Mediation?

Tue, 27 Jan 2026 18:32:49 GMT

What Happens After an Agreement Is Reached in Mediation?

When a mediation session results in resolution, it transitions into finalizing documents and securing court approval where necessary.

Step 1: Preparing Written Agreements

Any terms reached in mediation are reduced to writing. This may include:

Custody and visitation plans
Child support and expense allocation
Spousal support
Community property division
Reimbursement claims
Parenting and communication expectations

Clarity is crucial to avoid future disputes.

Step 2: Reviewing and Signing

Both spouses have the opportunity to review the agreement before signing. The mediator will review the agreements with the spouses in detail to make sure that are understanding and in agreement.

Step 3: Filing With the Court

For divorces and custody matters, agreements are typically submitted to the court for approval by a judge. Because the issues have already been resolved, the court’s role is limited and usually administrative — no contested hearings, no testimony, and no trial.

Interested in Mediation?

Compared to litigation, the post-mediation process is significantly faster and more predictable. Many divorces are finalized in weeks — not years.

If you are exploring divorce and want a respectful, efficient pathway forward, mediation may be the right fit. To learn more, contact family lawyer and registered Mediator Johnston Burkhardt at (504) 324-2141 or johnston@snw.law

Who Can Benefit From Family Law Mediation?

Tue, 27 Jan 2026 18:30:19 GMT

Who Can Benefit From Divorce and Family Law Mediation?

Mediation isn’t just for couples who agree on everything — in fact, many spouses choose mediation precisely because they don’t agree. The process is designed to help families communicate, problem-solve, and make informed decisions about their future without turning private matters into public litigation.

Spouses Seeking a More Peaceful Divorce

Mediation is ideal for couples who want to:

Avoid adversarial courtroom proceedings
Maintain respect and privacy
Protect their children from conflict
Keep control over the outcome instead of handing decisions to a judge

Spouses With Property or Financial Considerations

Mediation is particularly useful in divorce matters involving:

Community property partition
Household debt allocation
Retirement accounts
Family businesses
Reimbursements or claims
Spousal support (temporary or final)

A neutral mediator helps clarify financial questions and explore middle-ground solutions.

Parents Focused on Co-Parenting

Co-parenting works best when communication remains respectful. Mediation helps parents work through:

Custody schedules
Holidays and school breaks
Co-parent responsibilities
Child support and expenses
Future decision-making (schools, activities, healthcare, etc.)

Parents are more likely to abide by agreements they create themselves rather than those imposed by the court.

Families Seeking Efficiency and Cost Savings

Traditional divorce can cost tens of thousands of dollars. Mediation often costs a fraction, with spouses sharing one mediator instead of hiring lawyers to litigate for months or years.

People Who Are “Mostly on the Same Page”

Some spouses arrive with a near-complete agreement and need help polishing terms, preparing documents, or filing with the court. Others come in with only a few unresolved issues.

If You Think Mediation Might Work for Your Family

Johnston Burkhardt practices family law and is a registered Child Custody and Visitation Mediator. To determine whether mediation is a fit for your circumstances, contact Johnston for a free consultation at johnston@snw.law or (504) 324-2141.

Acquisitive Prescription of Movables in Louisiana

Wed, 12 Nov 2025 22:52:24 GMT

When a Movable Becomes Part of the Land: A Quick Guide to Louisiana Acquisitive Prescription

In Louisiana, you can become the owner of a “movable” (anything that isn’t real estate - like a mobile/manufactured home, equipment, car, artwork) by acquisitive prescription—ownership earned through possession over time.

3-year route: If you possess the item as owner in good faith and under a document capable of transferring ownership (e.g., a bill of sale), uninterrupted for three years, you acquire ownership.
10-year route: Even without a valid title document or good faith, uninterrupted possession as owner for ten years can also confer ownership.

In either case, possession must be public, peaceable, and unequivocal. Time can tack from prior possessors if there’s no interruption. Separately, some movables—like manufactured homes—can be immobilized by judgment, making them legally part of the real estate so lenders and title insurers can treat them like improvements to the land.

Our recent case, in a nutshell.

A decades-old manufactured home sat on rural property without a recoverable paper title or serial/VIN. The lender required clear title or proof the home was legally part of the land. SNW attorney Johnston Burkhardt came up with a solution: establish ownership by acquisitive prescription and obtain a judgment of immobilization. This was a genuinely unusual problem our firm hadn’t confronted in this exact configuration. We secured the immobilization judgment, clearing the title issue so the transaction could move forward.

Why it matters. Missing titles and legacy improvements can stall closings. Pairing acquisitive prescription principles with immobilization can unlock financing, cure underwriting concerns, and deliver marketable title.

We like hard problems. If you’re facing a one-off title tangle involving real property or another unusual legal issue, we’re ready to help map the fastest, cleanest route to resolution. For a free consultation, contact Johnston Burkhardt at 504-313-4199 or johnston@snw.law.

Quieting Title After a Louisiana Tax Sale

Fri, 24 Oct 2025 16:25:58 GMT

Buying property at a tax sale can be a smart way to acquire real estate, but your work isn’t finished when the gavel falls. What you purchase is tax sale title—a limited, conditioned ownership interest that still allows the former owner and other interested parties to challenge the sale or redeem the property for a period of time. To unlock full, marketable ownership, you typically need to quiet title (also called confirming the tax sale).

In most cases involving immovable property (real estate), the former owner has three years from the recording of the tax sale deed/certificate to redeem their ownership. Louisiana law requires strict pre-sale and post-sale notice to owners and other “interested persons” (mortgage holders, lienholders, heirs, etc.). Defects in notice can jeopardize the sale—even after the redemption period—on due-process grounds.

Why Quieting Title Is Necessary

Even after the redemption period expires, title insurers and lenders usually won’t treat your tax sale deed as “clean.” A quiet title judgment cuts off redemption rights and other claims by the previous owner. It also resolves due-process concerns by demonstrating you identified and served all interested parties, and it creates insurable, marketable title so you can finance, sell, or develop the property with confidence.

Quieting title is achieved through a civil suit against the previous owner and providing mandated notices to all “interested persons.” Serving interested parties is typically the biggest challenge in tax sales, as the previous owners could be deceased or unable to be located. Once the judgment to quiet title is granted, it gets recorded in the conveyance records to put the public on notice that you have full ownership of the property.

Quieting title after a Louisiana tax sale is an intricate procedure that requires an experienced real estate attorney. Our firm regularly guides investors, developers, and individuals through quieting tax sale title to deliver marketable, insurable ownership. If you bought at a tax sale or are considering it, contact Johnston Burkhardt at 504-313-4199 or johnston@snw.law to evaluate your path to clean title.

Fifth Circuit Deals Further Blow to New Orleans STR Laws

Wed, 08 Oct 2025 21:16:17 GMT

On Tuesday October 7, 2025, the United States Court of Appeals for the Fifth Circuit further cabined the ability of the City of New Orleans to govern short-term rentals (“STRs”). In an appeal in the ongoing Hignell-Stark suit regarding the regulation of Non-Commercial STRs, the Fifth Circuit affirmed the ruling of the Eastern District in several respects. However, the Court made three rulings against the City of New Orleans that change the landscape significantly.

First, the Court held that ordinances that limited licenses for STRs to natural persons (thereby excluding corporations and limited liability companies) violate the Equal Protection Clause. The ordinances had required that STR licenses and operator’s licenses be held by “natural persons.” The Court held that natural persons and corporations were similarly situated for purposes of the Equal Protection Clause and then found that discrimination did not bear rational basis scrutiny. “Nothing…identifies a plausible connection between an STR homeowner’s juridical status and the behavior of STR guests.”

Next, the Court identified several claims that sections of the city ordinances governing advertising violated the First Amendment. The Court disagreed with the appellants on all points, save for one hot-button issue. The Court held that the code’s requirement that “’each short-term rental listing advertises only one dwelling unit’ lacks the justification necessary to survive First Amendment scrutiny.” At first blush, this might not seem like a meaningful ruling; however, property owners have long sought to cross-list properties to prospective guests, advertising, for example that two properties were next door to one another, thereby allowing multiple parties to book together. This ruling is likely the most frustrating aspect of the judgment for those seeking to limit large bookings at STRs.

Finally, the Court rejected the argument that the City's resident-operator requirement violated the Dormant Commerce Clause. However, the Court held that the City’s interpretation (and judicial admission) that the law “only requires the operator to be present at the property while guests are present” survived the Dormant Commerce Clause analysis. Under the Court’s analysis the resident-operator requirement only survives under the interpretation that “the Code’s language requires that an operator reside on the STR property only while it is actively occupied by guests.”

With new STR ordinances expected in the coming months, it is possible that the City starts from scratch, or it may try to take the case to the United States Supreme Court. Contact Graham Williams if you have further questions.

What Happens When Someone Dies Without a Will in Louisiana? Intestate Succession Explained

Wed, 08 Oct 2025 18:30:50 GMT

What Happens When Someone Dies Without a Will in Louisiana? Intestate Succession Explained

Marital agreements are a practical planning tool that can benefit many Louisiana couples—whether you are about to get married or have already tied the knot.

A marital agreement is a contract between spouses that defines how their property and debts will be managed during the marriage and divided if the marriage ends. In Louisiana, these agreements can be made before marriage (a prenuptial agreement) or during marriage (a postnuptial agreement).

Louisiana is a community property state by default, which means that most property and debts acquired during the marriage are considered jointly owned. But couples can change this default through a marital agreement. Two common approaches are:

Modified Community Property Regime – Couples can keep most assets as community property but agree that certain property—such as a family business, inheritance, or real estate, and the “fruits” of these assets—remains separate.
Separation of Property Regime – Couples can choose to keep all assets and debts separate, so no community property exists at all. Each spouse maintains ownership and responsibility for what they acquire and can choose to co-own any property acquired during marriage, such as if they want to buy a house together.

One of the unique features of Louisiana law is the broad freedom to contract. Marital agreements are not one-size-fits-all, and they can be tailored to your specific needs—protecting your assets, shielding one spouse from the other’s debts, or addressing concerns about children from prior relationships.

The decision to enter into a marital agreement depends on your financial goals, family dynamics, and long-term plans. If you want certainty, protection, and clarity about your property rights, a prenup may be a wise choice. Prenups are also a roadmap in the event of divorce and can save you significant time and attorney’s fees tediously partitioning community property and reimbursements during divorce.

If you have any questions regarding marital agreements, divorce, or need assistance with any other family law matters, please contact Johnston Burkhardt at (504)313-4199 or Johnston@snw.law.

Do I Need a Prenup? Marital Agreements in Louisiana

Wed, 01 Oct 2025 18:14:59 GMT

Do I Need a Prenup? Marital Agreements in Louisiana

Marital agreements are a practical planning tool that can benefit many Louisiana couples—whether you are about to get married or have already tied the knot.

Modified Community Property Regime – Couples can keep most assets as community property but agree that certain property—such as a family business, inheritance, or real estate, and the “fruits” of these assets—remains separate.
Separation of Property Regime – Couples can choose to keep all assets and debts separate, so no community property exists at all. Each spouse maintains ownership and responsibility for what they acquire and can choose to co-own any property acquired during marriage, such as if they want to buy a house together.

If you have any questions regarding marital agreements, divorce, or need assistance with any other family law matters, please contact Johnston Burkhardt at (504)313-4199 or Johnston@snw.law.

SNW Announces Practice Expansion into Ethics, Discipline, and Professional Matters

Tue, 23 Sep 2025 17:14:27 GMT

Scott Crichton Law, LLC Associates with SNW to Expand Practice in Ethics, Legal Matters

NEW ORLEANS -- The Law firm of Sternberg, Naccari & White, LLC, is pleased to announce the expansion of its practice and the addition of former Louisiana Supreme Court Justice Scott J. Crichton to the practice area. Crichton practices via his own firm and is associated with Sternberg, Naccari & White, LLC for certain cases, including legal ethics, judicial ethics, discipline, and other professional matters.

Justice Crichton, who spent 24 years on the district bench in Shreveport and 10 years on the Supreme Court, practices law from offices in Shreveport and New Orleans. Learn more about Justice Crichton here at his website: www.scottcrichtonlaw.com . Justice Crichton is also a mediator with Perry Dampf and works with SNW and other law firms on select projects.

"We're so excited to have Justice Crichton associate with us on these cases," said Scott Sternberg , the firm's co-Managing Partner. "Suzy Montero and I have been been working with him on matters for some time now, and we know he'll be able to help us build this practice and serve professionals in Louisiana and beyond."

Learn More about SNW's Legal and Judicial Ethics Practice.

While SNW has represented lawyers and judges since its inception, the association with Scott Crichton Law, LLC allows for a wealth of knowledge and resources, from Justice Crichton's decade of experience on the Louisiana Supreme Court, to the firm's own tech-forward philosophy, the team is ready for ethics and professional liability questions.

Scott Sternberg, Suzy Montero, Brad Tate , and Haley Jupiter will work with Crichton on these matters. The firm will offer flat and hourly fee arrangements on a case-by-case basis. Lawyer and professional compliance and discipline, as well as investigations into judges and other public officials, will be the focus of the practice.

"As a jurist for 34 years, and now again as an advocate, I have always strived to maintain and instill in others a high standard of ethics and professionalism," Crichton said. "I'm exicted to work with SNW because they share my passion for excellence in the profession."

The firm's team is highlighted by Suzy Montero , who brings decades of experience, professionalism, and the know-how from her own run for judicial office. Montero and Sternberg have represented and advised judges and lawyers for several years. Sternberg, also a veteran of several judicial campaigns, has ethics and professional responsibility experience with regulation of lawyers, adjusters, contractors, and engineers, as well as other professional fields.

SNW attorney Haley Jupiter , who hails from a family of judges and has significant campaign experience as well, will be focusing her efforts on educating young lawyers on the Rules of Professional Conduct, as well as helping lawyers through a difficult process and time.

Jupiter and Sternberg recently presented on campaign and judicial ethics at the 2025 Jefferson Bar Association CLE by the Sea, and Jupiter and Crichton plan to speak at an upcoming Louisiana State Bar Association Seminar on lawyer discipline.

The firm has significant experience with business and partnership disputes, including between lawyers and other professionals, and a business team to assist attorneys and other professionals with those issues.

Graham Williams: City of New Orleans Scores Decisive Victory Against Short-Term Rental Operators

Thu, 11 Sep 2025 19:00:31 GMT

AirBnB and Property Owners' Lawsuit Mostly Dismissed

On Monday, September 8, 2025, the United States District Court for the Eastern District of Louisiana delivered a decisive victory to the City of New Orleans in its efforts to regulate Short-Term Rentals (“STRs”). The underlying case was brought by a group of property owners and Airbnb, claiming that the City’s most recent iteration of STR regulations was unconstitutional. In Monday’s decision, the Court dismissed all of the plaintiffs’ claims, with the exception of a narrow claim related to monthly reporting, on which the Court granted summary judgment in favor of Airbnb.

In Bodin v. City of New Orleans , the property owner plaintiffs challenged municipal ordinances passed by the City Council in 2023, which established the controversial one-per-square limit upon Non-Commercial STRs (“NSTRs”) and established a lottery system to determine which eligible property owner would receive the license. Meanwhile, Airbnb challenged 2024 ordinances that imposed new requirements upon STR platforms seeking to conduct business in New Orleans.

The property owner plaintiffs alleged that the 2023 ordinances violated the Takings Clause of the Fifth Amendment, Due Process, the Fourteenth Amendment, the Fourth Amendment, and the Louisiana State Constitution. The property owner plaintiffs maintained that, but for the 2023 ordinances, they could operate profitable NSTRs. Airbnb, for its part, alleged that elements of the 2024 ordinances violate the Fourth Amendment, The Stored Communications Act, the Communications Decency Act, the First Amendment, and the Takings Clause. The City of New Orleans moved to dismiss all claims, while the plaintiffs moved for summary judgment on all claims.

The opinion by presiding Judge Jay Zainey took a dim view of the plaintiffs’ “sprawling” allegations. In the most meaningful portion of the opinion, the Court ruled against the “novel legal theory of [plaintiffs’] own creation.” It held that “the right to lease property and the right to include paying customers on their properties” were not fundamental rights. That holding colored the rest of the opinion, as the Court incisively denied each of the plaintiffs’ claims. It denied the following claims, which are now dismissed:

Count 1 – Per Se Takings Claim;
Count 2 – Regulatory Takings Claim;
Count 3 – Inverse Condemnation;
Count 4 – Due Process;
Count 5 – Void for Vagueness;
Count 6 – Impermissible Regulation of Private, Civil Relationships (Louisiana Constitution);
Count 8 – Stored Communications Act;
Count 9 – Communications Decency Act;
Count 10 – First Amendment; and
Count 11 – Takings Clause.

The only good news for plaintiffs came when the Court analyzed Count 7 – a claim regarding rights under the Fourth Amendment. The plaintiffs had argued that the ordinances requiring platforms to verify hosts’ registration status (the "verification requirement") and those requiring platforms to submit monthly reports regarding booking transactions constitute an illegal search. After extensive analysis, the Court held that the verification requirement did not constitute an unreasonable search because hosts and the platform could have no reasonable expectation of privacy in data that they are already required to submit directly to the City.

But, the required monthly reports were a different matter. The City’s ordinance required platforms to submit monthly reports that contained a number of datapoints, including the number of transactions booked, the number of excempt business properties, a URL for each STR and confirmation codes. Operators were also required to submit accountings of taxes, fees, and rent paid -- in addition to a listing of dates associated with any full-home or partial-home short-term rental during the reporting period.

The Court found that the individual plaintiffs had no interest in the information in the reports but that Airbnb had a legitimate expectation of privacy in all of the required information with the exception of the verification code. The Court granted summary judgment in favor of Airbnb, solely with respect to the monthly reports.

This opinion marks a significant victory for the City of New Orleans, who closely followed the dictates of the Fifth Circuit’s decision in Hignell-Stark when crafting these ordinances. While the plaintiffs are likely to appeal, the Fifth Circuit seems unlikely to take issue with a roadmap it essentially drew for the City. Property owners can expect a continuation of the higher level of enforcement as platforms will fall in line with the verification process.

For more information, contact Graham Williams at graham@snw.law .

Does it Matter Who Files for Divorce First?

Tue, 09 Sep 2025 18:35:51 GMT

Does It Matter Who Files for Divorce First?

One of the most common questions we hear from clients considering divorce is whether or not they need to be first to file.

It’s a common misconception that the spouse who files for divorce first automatically gains a legal or strategic advantage in the case. In reality, Louisiana law does not grant any special benefit to the spouse who files first. Whether you are the petitioner (the one who files) or the respondent (the one served), the court applies the same standards in making decisions about property, custody, and support.

Louisiana is a community property state, which means that all assets and debts acquired during the marriage are divided equally between spouses, regardless of who files first. The court does not award a greater share of property to the spouse who initiated the divorce. Instead, judges apply Louisiana’s community property laws to ensure a fair division.

Parents often worry that filing first will give them an edge in a custody dispute. Louisiana courts, however, decide custody based solely on the best interest of the child, considering factors such as stability, the child’s relationship with each parent, and the ability of each parent to meet the child’s needs. Who filed the petition plays no role in that determination.

Spousal support (alimony) and child support are calculated according to Louisiana statutes and guidelines. The spouse who files for divorce first does not automatically receive more support or pay less. The court bases support decisions on financial circumstances and statutory factors, not on who filed the paperwork.

Although there is no built-in legal advantage, filing first may carry some practical benefits in certain situations:

You may set the pace of the case rather than waiting for your spouse to act.
You may choose the jurisdiction if spouses live in different parishes.
You may feel more in control of the process by taking the first step.
Still, these are matters of strategy and timing—not legal rights.

If you are considering divorce, the most important step is not to rush to the courthouse but instead to consult with an experienced Louisiana family law attorney. A lawyer can help you understand your rights, evaluate your options, and develop the right strategy for your situation.

If you have any questions regarding divorce, custody, support, or need assistance with any other family law matters, please contact Johnston Burkhardt at (504)324-2141 or Johnston@snw.law .

How is Child Support Calculated in Louisiana?

Tue, 09 Sep 2025 18:29:47 GMT

How Is Child Support Calculated in Louisiana?

When parents separate or divorce, one of the most important issues that must be resolved is child support. In Louisiana, both parents have a legal duty to support their children financially. To ensure fairness and consistency, Louisiana courts use specific guidelines to calculate child support amounts. If you are facing a child support case, it’s important to understand how these work.

Child support in Louisiana is determined primarily by the Louisiana Child Support Guidelines, found in La. R.S. 9:315 et seq. These guidelines provide a formula designed to ensure children receive adequate financial support, regardless of whether their parents are married, separated, or divorced.

The court looks at the gross income of both parents. Certain deductions (such as taxes and mandatory retirement contributions) may be considered, but the starting point is gross—not net—income.

The parents’ incomes are combined to determine the total amount of support the child is entitled to under the state’s schedule of basic child support obligations.

For example:

If Parent A earns 70% of the combined income and Parent B earns 30%, Parent A is responsible for 70% of the child support obligation and Parent B for 30%.

The guidelines adjust depending on how many children need support. Supporting one child requires a smaller total obligation than supporting three or more children.

The court may also factor in certain necessary child-related expenses, such as:

Health insurance premiums for the child
Extraordinary medical expenses
Childcare costs necessary for a parent to work or attend school
Private school tuition, if deemed appropriate

These expenses are typically added to the basic support amount and divided proportionally between the parents.

Why Having an Attorney Matters

Although Louisiana uses set guidelines, calculating child support is not always straightforward. Disputes often arise over what counts as income, whether certain expenses should be included, or how shared custody affects support. Having an experienced family law attorney ensures that your rights are protected and that your child receives fair and adequate support.

In Louisiana, child support is calculated using a structured formula based on parents’ incomes, the number of children, and child-related expenses. While the guidelines create consistency, every case is unique, and the details matter.

If you have any questions regarding divorce, custody, support, or need assistance with any other family law matters, please contact Johnston Burkhardt at (504)324-2141 or Johnston@snw.law .

Louisiana Affidavits of Small Succession

Tue, 19 Aug 2025 18:42:06 GMT

Louisiana Affidavits of Small Succession

An “affidavit of small succession” is a legal document that can be used by a surviving spouse and/or the heirs of a deceased person to settle an estate and transfer assets when the value of the decedent’s entire estate is less than $125,000. These affidavits allow the heirs to avoid the judicial succession process and are often quicker and less costly for the heirs.

If the total value of the decedent’s estate is less than $125,000, the heirs can proceed by affidavit. However, if the succession includes immovable property, such as real estate, the heirs must wait 90 days from the date of decedent’s death to file the succession. If no immovable property is involved, there is no mandatory waiting period.

There are numerous statutory requirements as to the content of the affidavit, so it is recommended that a lawyer prepare this affidavit. Once completed, the affidavit of small succession is filed in the district court in the judicial district of the succession, which is typically the parish in which the decedent was domiciled, or residing, at the time of their death. If the affidavit contains the conveyance of real estate, the affidavit is also recorded in the land records in the Parish in which the property is located.

Affidavits of small succession do not require judicial approval, meaning they are effective upon filing.

If you have any questions regarding small successions or need assistance with any other succession or estate planning matters, please contact Johnston Burkhardt at (504)324-2141 or Johnston@snw.law .

Why Interdiction May Be Necessary When a Child with Cognitive Disabilities Turns 18

Tue, 19 Aug 2025 18:40:43 GMT

Why Interdiction May Be Necessary When a Child with Cognitive Disabilities Turns 18

In Louisiana, turning 18 marks a child’s legal transition into adulthood—with the rights and responsibilities that come with it. But for families of children with significant cognitive disabilities, this birthday can bring new and urgent legal considerations.

One of the most important is whether to seek interdiction (also known as guardianship in some states) to protect your child’s well-being and manage their affairs.

Under the law, turning 18 means your child is now considered an adult—even if they continue to live with you and need daily care. As an adult, they have the legal right to:

Make medical decisions for themselves
Sign contracts
Manage (or spend) their own money
Decide where they will live

While these rights are essential for most adults, they can create serious risks for individuals with significant cognitive impairments who may not fully understand the consequences of their decisions or be able to advocate for themselves.

How Interdiction Helps Protect Your Child

Interdiction is a legal process in which a court appoints a responsible adult—often a parent or close family member—to make certain decisions for an individual who cannot consistently make safe, informed decisions for themselves.

Why It’s Often Necessary

Medical Care Access and Decisions - Without interdiction, doctors, hospitals, and insurance companies may refuse to share medical information with you or allow you to consent to necessary treatments once your child is legally an adult.
Financial Protection - Adults with cognitive disabilities may be vulnerable to scams, predatory contracts, or impulsive spending. Interdiction ensures that their finances are managed responsibly.
Housing and Daily Care Decisions - You can help ensure your child lives in a safe, supportive environment by maintaining the authority to make housing and care decisions.
Legal Consistency - Interdiction provides formal recognition of your role as your child’s decision-maker, preventing disputes or confusion when dealing with schools, service providers, or government agencies.

How We Can Help

Our firm has guided many families through the interdiction process with compassion and efficiency. We can help you understand your options, prepare the necessary documents, and represent your family in court so you can focus on what matters most—your child’s well-being.

If your child or family member is approaching adulthood and has significant cognitive disabilities rendering them incapable of making their own legal decisions, contact Johnston Burkhardt for a free consultation at (504) 324-2141 or johnston@snw.law to see if interdiction is the right course of action.

Can I be Compensated for Being the Executor of an Estate in Louisiana?

katherine@snw.law (Katherine Wells Gressett) — Wed, 04 Jun 2025 17:18:06 GMT

Can I be Compensated for Being the Executor of an Estate in Louisiana?

Yes. Louisiana law provides that an executor may be compensated for services rendered in the amount of 2.5% of the total inventory of the estate, although the executor may opt to not to receive this compensation. The amount is paid out of the estate at the completion of the executor’s duties and after the filing of a final account with the court. A court may also increase the amount of compensation upon proper showing. If you opt to receive this compensation, this will be conveyed to the heirs when the final accounting is filed.

If you have any questions regarding this article or need assistance with any other succession or estate planning matters, please contact Katherine Wells Gressett at (504) 285-0475 or Katherine@snw.law .

What is the difference between Community Property and Separate Property in Louisiana?

Wed, 04 Jun 2025 17:15:00 GMT

What is the difference between Community Property and Separate Property in Louisiana?

In Louisiana, property owned by a person and married is either separate property or community property. The presumption provided by the law for married persons is that all property, whatsoever, acquired during the marriage is deemed community property. The term "property" under the law is very broadly construed and includes everything a person could own including real estate, bank accounts, stocks, bonds, wages, and more. While the presumption is that all property is community, people can vary the agreement under the law by a separate property regime, a prenuptial agreement, or by written agreement when acquired. The spouse’s name who is on the title usually does not have an effect on whether the property is community or separate property.

As such, most assets acquired during the marriage are considered to be community property and specifically includes:

All property acquired during the marriage through the effort, skill, or industry of either spouse,
Property acquired with community property or with a mix of community and separate property,
Property given to the spouses jointly, whether by donation or inheritance,
The fruits (proceeds) from community property, and
All other property not classified by law as separate property.

Separate property is all property owned prior to the marriage, gifted during the marriage, or bequeathed by testament to that person. Separate property would include that property acquired during the marriage that due to a prenuptial agreement, separate property regime, or written agreement that it is separate, and specifically includes:

Property acquired by a spouse prior the marriage,
Assets acquired by a spouse with separate property,
Property acquired by a spouse by inheritance or donation individually, and
Assets acquired by a spouse under a separate property regime.

Differentiating between community property and separate property is crucial when preparing for marriage, in divorce, for estate planning, and in successions.

If you have any questions or concerns regarding community or separate property, prenups, divorce, successions, or estate planning, please contact Johnston Burkhardt at (504)324-2141 or Johnston@snw.law .

New Orleans Board of Zoning Rules 24/7 Attendant Not Required for Hotels

Mon, 17 Feb 2025 20:43:34 GMT

Graham Williams: CZO Definition Prevails Over Director's Interpretive Memorandum

On February 17, 2025, the Board of Zoning Adjustments ruled that the Comprehensive Zoning Ordinance (CZO) does not require hotels and motels to provide a 24/7 attendant. On the motion of Commissioner Todd James, the board voted unanimously to overrule the decision of the Director of the Department of Safety & Permits. Commissioner James’ motion specifically noted that the plain definition of “customary lodging service” in the CZO should be the operative definition the City employs.

The decision came after months, even years, of tension between property owners and the Department of Safety & Permits. Hotels and Motels are required by the CZO to provide “customary lodging services.” In 2018, that phrase had no definition in the CZO, so the then-director of the department issued an interpretive memorandum , stating that a hotel's lobby must be “supervised by a person in charge at all hours.” Since the issuance of that interpretive memo, the City has required hotels to employ a 24/7 lobby attendant. That requirement posed a significant burden on hotel operators, especially boutique hotel operators.

In 2019, the City Planning Commission proposed, and the City Council adopted an ordinance amending the CZO to specifically define customary lodging services as “1) dedicated lobby space to adequately enable check-in/check-out procedures, and 2) personnel/staffing to assist guests at check-in/check-out.” However, even following this amendment, the Department of Safety and Permits had steadfastly pointed to the interpretive memorandum as authority for enforcing the 24/7 lobby attendant requirement.

Monday’s BZA decision will have an immediate impact on the transient lodging industry, but observers do not expect the status quo to last. Please contact Graham Williams at graham@snw.law if you would like to discuss the ramifications of Monday’s ruling.

FTC Announces New Rules for Hotel and Ticket “Junk Fees”

Tue, 17 Dec 2024 21:14:16 GMT

Graham Williams: Federal Trade Commission Cracks Down on Extra Fees

The Federal Trade Commission announced Tuesday, December 17, 2024, a sweeping new rule that governs businesses that issue live-event tickets and other industries such as short-term lodging. The new regulation requires that these businesses explicitly disclose so-called “junk fees.”

The multi-part rule specifically governs hotels, motels, inns, short-term rentals, vacation rentals, and other places of lodging. First, it declares it an unfair trade practice for any business to “offer, display, or advertise any price of a Covered Good or Service without Clearly and Conspicuously disclosing the Total Price.” Total Price is functionally defined as the maximum total of all charges, except for taxes, shipping costs, and fees for optional services. At first glance, this could impact short-term rental businesses that have historically charged a cleaning fee that is disclosed within the body of a listing.

The rule goes on to say that in any offer, display, or advertisement for a covered service, the Total Price must be disclosed more prominently than any other pricing information. However, and this gets complicated, where the final amount of payment is displayed, that amount must be more prominently displayed than the Total Price. So, if the Total Price is $100, but the final amount for payment is $110 due to tax, the $110 figure must be more prominently displayed.

Finally, the rule requires that a business must clearly and conspicuously disclose, prior to payment for any covered service, the nature and purpose of fees to be charged and the final amount of payment for the transaction. The rule will become effective in 120 days from its publication in the Federal Register.

In the announcement, the FTC estimated that the rule will save consumers up to 53 million hours in comparison shopping, and that that time is equivalent to more than 11 billion dollars in time over the next decade.

Impacted businesses are encouraged to consult with an attorney for further information. SNW clients with concerns or new clients are welcome to reach out to SNW Partner Graham Williams at graham@snw.law .

SNW Moves New Orleans Office Suite

Sun, 15 Dec 2024 21:59:30 GMT

SNW's New Office is Located on the 18th Floor of the Exchange Center.

The New Orleans office of Sternberg, Naccari & White, LLC has moved two floors to a new, modern space. SNW now operates from the 18th floor of the Exchange Center, 935 Gravier Street, New Orleans, Louisiana 70112. The move two floors to Suite 1800 provides more efficient office space and larger conference facilities. All other contact information remains the same.

SNW has been a tenant in the Exchange Center, at the corner of Gravier and O'Keefe Streets in downtown New Orleans, Louisiana, since 2019. The firm provides complimentary parking to clients via parking validation in the adjacent garage, between the building and the Moxy Hotel on O'Keefe Ave.

Questions ? E-mail info@snw.law or call 504-324-2141

City Council Shifts Enforcement Burden to Short-Term Rental Platforms

scott@snw.law (Scott Sternberg) — Fri, 11 Oct 2024 16:35:48 GMT

Graham Williams: New STR Platform Requirements Could Bring Consistent Results

In a unanimous vote, the New Orleans City Council voted October 10, 2024 to require that short-term rental (“STR”) platforms actually verify that listings are properly licensed with the City of New Orleans. Councilmember JP Morrell , who has taken a leading role in the council’s efforts to regulate the industry, said he brought the change to create a lasting enforcement mechanism.

Ordinance 34,806, set to go into effect on March 1, 2025, seeks to address frustrated enforcement efforts, Morrell said, where illegal listings continuously reappear on STR platforms like Airbnb and VRBO under false or incorrect license numbers. In introducing the ordinance, Morrell predicted that “the whack-a-mole will end.”

Under the previously existing ordinance, platforms that facilitate STR stays are required to hold some evidence of a STR platform license and pay an annual fee of $10,000 to the City. Complying with these requirements gives the platforms, in exchange, a “safe harbor,” whereby they were not responsible for actually verifying the authenticity of license numbers submitted by owners and operators.

Under the new ordinance, STR platforms will be required to verify each listing via an electronic verification system the City will set up. In addition, the annual fee will be tiered from $5,000 to $30,000 depending upon the number of verifications the platform runs in a year. In addition, the platform will not be allowed to publish a listing until the city has verified the license number. Listings must be reverified every 30 days.

The new ordinance will also require enhanced reporting requirements to city hall that were previously only required if platforms wanted to enjoy “safe harbor” protection. Platforms will benefit from a new affirmative defense if they can show that the city’s verification system is inoperable.

The new ordinance will not go into effect until March 1, 2025. In his floor comment, Councilmember Morrell acknowledged that this was to allow time for the city to stand up the necessary data systems for listing verifications.

In NOLA.com's reporting on the ordinance ,, platforms such as Airbnb warned that “short-term rental activity is likely to go underground.” But, alternative websites like Craigslist or other alternative vehicles are unlikely to fall within the City's definition of an STR platform because their websites do not “receive a fee or other thing of value, directly, or indirectly, for facilitating or conducting booking transactions.”

However, the owners and operators would still be subject to STR regulations and enforcement. For more information, contact Graham Williams .

Graham Williams Named to CityBusiness 2024 Leadership in Law Class

Wed, 09 Oct 2024 01:53:52 GMT

Williams was honored Oct. 7, 2024 at a Ceremony at New Orleans Museum of Art

Graham Williams was named to the 2024 New Orleans CityBusiness "Leadership in Law" class. Williams, whose community and civic activities include the Young Leadership Council, which he currently serves on the Board of Directors as President, was honored October 7, 2024 at the New Orleans Museum of Art.

Along with a number of his colleagues from the legal community, Graham was joined by his partners Keith Naccari, Scott Sternberg and Suzy Montero in celebration.

Williams is the fourth SNW attorney to be recognized by the annual list from CityBusiness, which each year recognizes a group of legal professionals based on community involvement and industry achievement.

Read the full list here: https://neworleanscitybusiness.com/blog/2024/06/25/announcing-the-2024-leadership-in-law-honorees/

The New Federal Non-Compete Law: What Businesses Need to Know

Wed, 24 Apr 2024 21:24:11 GMT

Jacob Chapman: Louisiana's Rule Would Change If FTC Rule Survives Legal Challenges

On April 23, 2024, the Federal Trade Commission (“FTC”) announced a nationwide ban on non-competition agreements (the “Rule”). Although legal challenges are anticipated, as of now, the Rule is set to take effect 120 days after its official publication. Any state laws that are contrary to the terms of the Rule would be preempted [1] , including Louisiana’s La. R.S. § 23:921, which provides the current statutory framework for non-competition agreements in Louisiana.

What does the Rule provide?

The Rule is found in chapter I, title 16, subchapter J of the Code of Federal Regulations and consists of §§ 910 - 915. The Rule provides that it shall be an unfair method of competition to enter into a non-compete clause with any worker (including senior executives) after the effective date of the rule. [2] It will also be an unfair method of competition to enforce or attempt to enforce a non-compete clause or to represent to any worker that he or she is subject to a non-compete clause. [3] There are exceptions to the general rule when: 1) the non-compete agreement is included as part of a “bona fide sale of a business”; 2) when the offending conduct stems from activities that occurred prior to the effective date of the Rule; or, when the party seeking to enforce the non-compete clause – or making representations about the non-compete clause – is acting under a good faith belief that the Rule is inapplicable. [4]

What happens with existing agreements?

Existing agreements (except for those entered with senior executives) are retroactively barred under the Rule. [5] Any person who has entered into a non-competition prior to the effective date of the Rule is required to provide notice to their worker(s) that the agreement is no longer valid. [6] This notice must me “clear and conspicuous” and must be provided by the effective date of the Rule. [7] The Rule provides specific form requirements for the notice. [8] It also provides a form letter that the FTC has preemptively determined will comply with the notice requirements. [9]

There is one exception; however, to the retroactive nature of the Rule. “Senior executives” who signed a valid and enforceable agreement prior to the effective date of the Rule will still be bound by the terms of their agreement. [10] “Senior executive” is defined as a worker who was in a policy-making position and who received total annual compensation of at least $151,164 in compensation in the prior year related to that position. [11] The FTC estimates that less than 1% of all workers in the United States would meet the definition of senior executives under the Rule.

How can businesses protect their interest going forward in light of the Rule?

For business owners, the new Rule will bring about new challenges. Specifically, how can a business protect its most important asset – like its trade secrets and clients – from being poached by former employees?

Luckily, there are some solutions. The Rule, for example, does not appear to have any impact on non-solicitation agreements, which in Louisiana are also governed by La. R.S. § 23:921. When drafted appropriately, a non-solicitation agreement can enjoin current and/or former employees from reaching out to clients (which may include former, current, and perhaps even prospective clients), in an attempt to garner their business. Non-solicitation agreements in Louisiana are generally subject to the same restrictions as non-compete agreements. They have to be carefully drafted to ensure statutory compliance, otherwise they will not be enforceable.

Additionally, the Rule does not implicate current confidentiality and trade secret clauses. Jurisprudence has repeatedly found that client lists in particular can constitute confidential information and/or trade secrets, when proper precautions are taken to ensure their private nature. Non-solicitation agreements, confidentiality agreements, and trade secret provisions all carry with them certain advantages and challenges, but when used properly, they may be able to offer a business certain protections that are otherwise unavailable based on the new FTC Rule.

[1] §910.4; [2] §910.2(a)(i); [3] §910.2(a)(ii-iii); [4] §910.3; [5] §910.2(a)(ii-iii); [6] §910; [7] §910.2; [8] §910.2(b)(2); [9] §910.2(b)(4); [10] §910.2(a)(2); [11] §910.1

Graham Williams: Lottery Lives On in Federal Court's Ruling on RSTR Ordinances

Wed, 28 Feb 2024 22:32:32 GMT

55-Page Ruling Largely Upholds City's Right to Regulate Residential Short-Term Rentals

On Wednesday, February 28, 2024, the United States District Court for the Eastern District of Louisiana issued a fifty-five-page ruling, upholding the constitutionality of the City of New Orleans’ Residential Short-Term Rental regime. In short, the Court held that the city’s RSTR regime was constitutional, with the small exception that usufructuaries and trust beneficiaries that are persons and not companies cannot be excluded from the RSTR lottery.

Background

The underlying Hignell lawsuit was filed on November 22, 2019 and attacked the City’s previous STR ordinances. Those issues were briefed and appealed, on August 22, 2022, the U.S. Fifth Circuit Court of Appeal, found that the City’s prior homestead exemption requirement was an unconstitutional violation of the Dormant Commerce Clause. Following that ruling, the City issued a moratorium on the issuance of Residential STR permits. Then, on March 23, 2023, the Council passed the laws at issue in the Court’s most recent ruling.

The Hignell plaintiff then amended her lawsuit to challenge the new lottery-based RSTR regime. On August 31, 2023, the Court issued a temporary restraining order prohibiting the City from enforcing the challenged RSTR ordinances. The City then took the expansive position that it was enjoined from enforcing any STR laws during the pendency of the injunction. The injunction was continued on September 27, 2023. The injunction, and uncertainty, has hung over the market ever since.

Analysis

Wednesday’s ruling was on cross motions for summary judgments filed by the Plaintiffs, Hignell and Marquardt and the Defendant, the City of New Orleans. Marquardt’s claim – that her RSTR permit was subject the of an unconstitutional taking – was consolidated with Hignell’s claim on September 12, 2023. The Court’s ruling with respect to Hignell’s motion and the City’s response are most significant. The Opinion, signed by Senior United States District Judge Ivan L.R. Lemelle, largely upheld the City’s ordinances and its power to regulate STRs. On several evidentiary issues, the opinion appears to give the City the benefit of the doubt. The Court held as follows:

Because Hignell had not raised her argument that the City lacked the power to regulate the duration of residential use (short-term as opposed to long-term) when she amended her complaint or when she briefed her motion, Hignell had effectively waived that argument.
The Court held that the City had the power to regulate the duration of residential use.
The Court held that the on-premises operator requirement violates neither the Commerce Clause nor the Equal Protection Clause.
The Court held that usufructuaries and trust beneficiaries are entitled to participate in the lottery – provided they are natural persons and not companies like LLCs or Corporations.
The Court rejected the argument that the prohibition against juridical persons holding RSTR licenses violated the Commerce Clause, Due Process, Equal Protection, and the First Amendment.
The Court upheld the use of the residential STR lottery.
The Court quickly dispelled First Amendment concerns.
The Court held that the prohibition against juridical persons survived the rational basis review that was called for when weighing potential violations of due process and equal protection.
The Court dispensed with constitutional challenges based on STR insurance requirements compared to those for Hotels and Bed & Breakfasts.
The Court rejected the argument that prohibition against STRs in certain neighborhoods was arbitrary and capricious.
Finally, the Court rejected Hignell’s Fourth Amendment and due process claims involving the requirement that RSTR owners provide tax information and guest registration records and submit to warrantless searches.
Turning to the claims of Marquardt, the Court held that because the City had instructed her to cancel listings in violation of the Takings Clause, she was likely entitled to three days’ worth of lost profits. The Court held that issue for another day.
The Court’s ruling can generally be summarized in its own words: “We are essentially being asked to nullify a municipality’s recognized efforts to maintain its residential character by preventing the operation of STRs by corporate entities in residential neighborhoods. Unquestionably, in our opinion, the municipality may restrict such uses without violating fundamental constitutional principles.”

What’s Next

The Court did not affirmatively end the injunction against the enforcement of the city’s rules in its ruling, but it did deny Marquardt’s “request for an extension of existing injunctive relief orders beyond their current deadlines.” Observers expect that the City’s STR Department will advise the public of its position on the injunction in the coming days.

It is unclear whether the City Council intends to proceed with an ordinance that it has postured that would ban all RSTRs , now that its prior regime has been largely upheld. Because that statute was introduced as a sort of nuclear option in the event that the City lost at Court, it appears unlikely.

Graham Williams: New Orleans Residential Landlords Required to Register with City Safety and Permits

Mon, 04 Dec 2023 20:44:10 GMT

Residential Landlords Subject to Inspections, Fines.

The City of New Orleans has announced a timeline for mandatory registration for all residential rental properties in the City. The new requirement is part of the controversial Healthy Homes ordinance , which the City says Is designed “to protect the health, safety and welfare of the public by ensuring persons who reside in Orleans Parish occupy safe and habitable dwellings.”

The email announcing the timeline followed the funding and staffing of the initiative, with up to thirty-nine civil servants and $2.5 million in funding. Registration is free, and if a landlord meets the requirements, the City is required to issue the landlord a certificate of compliance. The requirements themselves are not overly controversial and include things like operable smoke detectors, functional heating and cooling systems, and functional plumbing. The ordinance includes a system for tenant reporting and protections against retaliation. The primary stated concern of landlords appears to be the administrative burden of compliance. Housing advocates have heralded the ordinance as a modest victory, though the final ordinance did not include compulsory periodic inspections.

The timing of registration will be governed by the number of units on a parcel. For parcels/buildings with 50+ units, owners must register between January 1, 2024 and February 15, 2024. For parcels/buildings with between 49 and 4 units, owners must register between July 1, 2024 and August 15, 2024. And for parcels/buildings with 1-3 units, owners must register between January 1, 2025 and February 15, 2025. Certificates are valid for one year and are not transferable, meaning a purchaser of an existing rental property will be required to re-register.

Property owners who register late, but within 60 days of the relevant deadline will be subject to a $50 penalty. After the 60-day window, the fee rises to $200. The ordinance includes requirements for advising tenants of the status of the certificate and the requirements of the ordinance.

The ordinance empowers the Department of Safety & Permits to promulgate more detailed regulations. It requires that the City make information regarding the certificates, inspections, and violations publicly available through a database. The City will not issue a certificate if the property is haunted by delinquent property taxes or fines, there are open permits that would render the property unfit for habitation, or there are open electrical or mechanical violations. Property owners familiar with the City’s One Stop platform will be familiar with the difficulties associated with closing out old permits and violations.

Reported violations can inspect in inspections and subpoenas from the department. The city’s ordinary notice and hearing requirements will apply. And each day of non-compliance will be considered an independent violation for purposes of penalties. Specific penalties have not yet been made public but are statutorily capped at $1000 or six months in jail.

Notably, short-term rentals are subject to the ordinance, while hotels, motels, bed and breakfast, hostels, and RV parks are not.

Graham Williams: Federal Court Orders More Briefing, Extends TRO

Thu, 09 Nov 2023 03:10:53 GMT

Hearing Concludes with Constitutional Questions Aimed at City Ordinance

The United States District Court for the Eastern District of Louisiana held a contentious hearing Wednesday, Nov. 8, 2023. Before the court were cross motions for summary judgment in the consolidated New Orleans Short-Term Rental cases, Hignell & Marquadt. Ultimately, it maintained the existing TRO , telegraphed some likely rulings, and then ordered additional briefing.

At the prior hearing on the motions, the Court requested supplemental evidence related to the relationship between short-term rentals (STRs) and affordable housing. Boththe City and the two plaintiff groups filed supplemental briefing and evidence.

Before a full courtroom, Judge Ivan Lemelle opened oral argument by stating that the parties had confused and complicated what he believed should be a dormant commerce clause claim. While the plaintiffs raised a number of constitutional claims, the Court described the on-site operator requirement as the “core issue” of the dormant commerce clause matter, as that was the issue remanded by the U.S. Fifth Circuit Court of Appeal.

The City and the Plaintiffs sparred over whether the Plaintiffs had even pled an equal protection claim with respect to STRs vs. other rentals. The Court focused in on the affordable housing issue. The Plaintiffs argued that while they provided evidence in the form of a study by Charles River Associates that there was no correlation between affordable housing and STRs, the City referenced some existing resources that the plaintiffs considered dubious—but which they had failed to attempt to exclude, the Court said

Hignell had been consolidated with the Marquadt case earlier this year. In the Marquadt case, a property owner who held an RSTR license sued when she was told her RSTR would expire and she would have to apply for a new, non-commercial license. When discussing that claim, the Court raised the question of whether that plaintiff’s real claim was an ex post facto / bill of attainder claim. Counsel for Marquadt supported the Court’s question while the City maintained that there was extensive due process during the council’s debate and session.

The Court twice referred to Wednesday’s hearing as the beginning of a process. The Court indicated it was prepared to “reject” (or dismiss) the Plaintiffs’ claims stating that (1) the one NCSTR per bloc limit was unconstitutional; (2) that the City’s ability to demand records without probable cause was illegal; and (3) that the City lacked the power to regulate STR’s in the first place. This final position could be very significant for any property owner seeking to challenge the potential ordinance banning RSTRs altogether .

The Court then ordered additional briefing on a range of topics. First, it ordered briefing on the City’s decision to allow bed and breakfasts in residential zones, and briefing on the justification for certain Commercial STRs. The Court indicated it does not take issue with an on-premises operator requirement, but wanted more clarity on whether the operator needed to reside in the dwelling unit or merely on the block of record. Following the Hignell Plaintiffs’ argument, the Court also ordered briefing on whether juridical persons (such as a company or an LLC) could constitutionally be prohibited from holding an RSTR permit. From what appeared to be a concern the Court itself raised, the Court also ordered briefing on the two “exceptions” provided for by the statutes. Finally, the Court ordered briefing on the ex post facto issue.

The Court ordered the City to produce the required background information to the plaintiffs in two weeks and the plaintiffs to respond with any relevant information one week after that. From that date, the parties have one week to file post-hearing briefs. The Court will not allow additional briefing and will instead reset the matter for another oral argument.

At the close of the hearing, the City asked for clarification of the existing TRO, stating that the City had witnessed a rise in unlicensed activity. The Court emphasized that the city was not enjoined from enforcing things like nuisance laws if a property is problematic. When pressed, the Court declined the request to clarify the TRO but did say that the injunction applies to properties with STR permits. It is unclear if that exchange will impact the City’s current conservative enforcement posture.

Graham Williams: Federal Court Extends TRO in New Orleans STR Case

Wed, 27 Sep 2023 20:59:06 GMT

Federal Court Extends TRO in New Orleans Case at Hearing September 27, 2023

On Wednesday, September 27, 2023 the United States District Court for the Eastern District of Louisiana extended its prior temporary restraining order by continuing to enjoin the City from enforcing its Non-Commercial Short-Term Rental laws. At the Federal Court hearing, Judge Ivan Lemelle spent over an hour questioning attorneys on both sides before ordering supplemental briefing, extending the TRO, and setting a new hearing date for November 2, 2023, at 9:00AM.

The ban on enforcement of the NCSTR laws will remain in place until then.

The ruling likely creates greater uncertainty in the City’s real estate market. The New Orleans City Council has already performed a first reading of an ordinance that would ban all NCSTR’s, and the co-authoring councilmembers have indicated their intent to move forward with a vote on the proposed ordinance immediately. During Wednesday’s hearing, the Court took a dim view of that proposed ordinance, likening it to a child picking up his marbles and going home.

The hearing was on cross motions for summary judgment in the Hignell v. City of New Orleans case. That lawsuit was filed in November 2019 to challenge the City’s first set of STR laws. Following an appeal, the Fifth Circuit Court of Appeals held in August 2022 that the City’s “residency requirement” was unconstitutional. The City responded by passing an interim zoning district (“IZD”) that prohibited new STR permits. Then in April 2023, the City passed new ordinances that were at issue here. The new laws required an on-site innkeeper and established a lottery system on a one-per-block basis.

During oral argument, the Court took issue with the on-sight operator requirement, suggesting the need for exceptions. Counsel for the City explained the special exception process set out by the ordinance. Counsel for Hignell retorted that giving the City Council “unbridled discretion” to grant or deny exceptions was not an ideal solution.

In their motion for summary judgment, the Plaintiffs contended that the revised April 2023 laws that established the on-site innkeeper and lottery system were still unconstitutional pursuant to the Commerce Clause and the First Amendment. In response, the City argued that the laws complied with the constitution, and the City was quick to point out that it had followed what it understood to be direction from the Fifth Circuit.

A few weeks prior to the hearing, Judge Lemelle consolidated a later-filed case, Marquadt v. City of New Orleans, with the Hignell case. The issues in Marquadt are very similar – the plaintiff alleges that she lost her RSTR license when the City instituted the lottery – but her case focuses more singularly on procedural due process.

Neighborhood groups the Vieux Carré Property Owners, Residents, and Associates, Inc. (“VCPORA”) and the Garden District Association attempted to intervene, but the Court held that their interests were adequately represented by the existing plaintiffs and denied the interventions. Both of the neighborhoods represented by those associations, namely the French Quarter and the Garden District, had been governed by special limitations on NCSTRs.

The Court set October 20 as the deadline for the Marquadt plaintiff to file a motion for summary judgment and for the parties in the Hignell matter to supplement the record with information regarding the impact of STR’s on affordable housing. Following those filings, response and reply deadlines will apply.

The Court indicated that it plans to rule from the bench at the November 2 hearing.

The Court’s decision comes on the heels of what AirBnB, the largest STR platform, has referred to an “ de facto ba n” that went into effect in New York City on September 5. Meanwhile, the city of Richmond, Virginia, has taken an approach similar to New Orleans, in passing on-sight operator requirements as recently as Monday, September 27.

Scott Sternberg Named a Young Leadership Council "Role Model"

Thu, 14 Sep 2023 19:51:09 GMT

Young Leadership Council to Honor Sternberg at October Ceremony

The Young Leadership Council of New Orleans, one of the oldest Young Professional Organizations in the United States, has named SNW Managing Partner Scott Sternberg as one of its 2023 Role Models.

Sternberg , a former Young Leadership Council Board Member and Project Leader, said the honor was completely unexpected.

"I helped select Role Models and organize the associated events for many years as a younger lawyer, and I know how hard it is to choose the honorees each year," Sternberg said. "To be selected is so humbling. This recognition is only possible because of the support of my family, friends, and this firm."

Each year, the Young Leadership Council selects a group of individuals that contribute to the betterment of the New Orleans community in the following ways:

Promoting a positive attitude and unyielding desire to enhance the quality of life in our community
Striving to unite our community in collaborative efforts for its further prosperity
Serving as an exemplary role model to young professionals
Taking an effective and vigorous leadership role in our community
Making specific contributions in his or her specific field of endeavor

The Young Leadership Council will hold an event at the Sazerac House October 6, 2023 to honor Sternberg and the class of 2023 Role Models.

Graham Williams: New STR Ordinance Could Block Residential STRs

Thu, 07 Sep 2023 16:33:26 GMT

City Council May Ban All Residential Short-Term Rentals in New Orleans

The New Orleans City Council will now consider banning all Residential Short-Term Rentals following a Federal ruling last week that the City's new strict limitations on non-commercial STRs, which included a residential lottery system, could not be implemented.

At the Thursday, September 7, 2023 meeting, Councilmembers Helena Moreno and JP Morrell presented an ordinance for first reading. The new ordinance would ban property owners across the city from operating Non-Commercial Short-Term Rentals (“NCSTRs”). The co-authoring councilmembers, both of whom occupy at-large seats on the council, announced the move in a press release issued the preceding afternoon.

The proposed ordinance is in response to the temporary restraining order issued by the United States District Court for the Eastern District on August 31, which temporarily prohibited enforcement of the City’s NCSTR regime, pending resolution of cross-motions for summary judgment in that case. If the Court finds the NCSTR regime to be unconstitutional, the councilmembers plan to move ahead with a vote on the proposed ban. Oral argument on the constitutionality of the NCSTR ordinances will be held September 14. The Court could take a few weeks to issue its opinion or could rule from the bench that day.

Critics of the council’s approach to STRs complain that the ever-changing laws governing the industry contribute to a lack of predictability in real estate and the market as a whole. Councilmember Morrell responded to those criticisms by suggesting that the problem is that the industry “refuses to be regulated.” Other councilmembers weighed in via reporting from The Times-Picayune | NOLA.com.

Only two things are certain in this unfolding drama regarding the regulation of short-term rentals in New Orleans: the federal Eastern District’s ultimate, final ruling will be highly anticipated, and no matter what, some group of constituents will be left unhappy or unsatisfied with whatever the outcome.

Graham Williams: Court Blocks New STR Ordinance

Fri, 01 Sep 2023 14:10:10 GMT

Federal Judge Halts Enforcement of New Non-Commercial STR Ordinances

Late Thursday, August 31, 2023, Judge Ivan Lemelle of the United States District Court for the Eastern District of Louisiana issued an order temporarily restraining enforcement of two key Short-Term Rental ordinances, pending resolution of cross motions for summary judgment.

We have previously discussed the ordinances when they were passed . The ordinances, 29381 M.C.S. and 29382 M.C.S. were aimed at twin objectives of the New Orleans City Council in its attempt to tamp down the proliferation of STRs. They established the controversial Non-Commercial Short-Term rental (NCSTR) category, limiting NCSTRs to one-per-block and implemented a lottery system .

The new ordinances included the language upon which City Hall's STR administration has taken the position that the owner of a Commercial STR (CSTR) cannot, also, own an NCSTR. It further affected the bed and breakfast licenses, making a bed and breakfast a conditional use in every zoning designation in which bed and breakfast had previously been a permitted use--making it harder to operate a bed and breakfast.

In the federal litigation, which was ongoing, the plaintiffs have argued that the City’s STR regime itself is unconstitutional. In August 2022, the Fifth Circuit agreed with the plaintiffs and declared the City's “residency requirement” unconstitutional . The council then passed a flurry of Interim Zoning Districts, or IZD’s while it sought to draft new ordinances, claiming to follow the guidance of the United States Fifth Circuit. The resulting ordinances were the ones restrained in the Court’s Order, after the plaintiffs amended their lawsuit to argue that even the amended ordinances were unconstitutional.

Both the plaintiffs and the City have filed summary judgments, an all-encompassing, fast-track motion that seek to conclude litigation before a full trial. Summary Judgment usually means that one side or the other believes there are no facts for the Judge or Jury to decide, only to apply the law to those undisputed facts. Since both sides filed, they may agree on the facts, meaning they could short-circuit a long discovery and trial process. Those motions have been fully briefed and are now pending before Federal Judge Ivan Lemelle of the Federal Eastern District of Louisiana Court.

In its Order restraining the NCSTR regulations, the Court stated that it will issue another order setting a hearing on the pending Motions for Summary Judgment for a September 2023 hearing date. In the meantime, the City is restrained from enforcing the ordinances until the Court decides those Motions for Summary Judgment. Courts do not always decide contested motions from the bench at the conclusion of a hearing, so it is unclear exactly how long this injunction, or restraining order, will last.

These developments highlight a word used more and more in the STR world: uncertainty. Former hosts without an STR license may be interested in relisting properties, and hosts awaiting issuance of NCSTR licenses may try to open up their listings for previously closed months. However, it is also likely (or at least possible) that the City Council will issue a new IZD as a stopgap during this time of uncertainty. Even more interesting for some: will the City have to process bed and breakfast applications from property owners if their property is now, again, zoned for permitted bed and breakfast use.

Property owners are encouraged to consult with an attorney before making any rash decisions.

Contact Graham Williams for real estate counsel or with questions about your legal and business challenges.

Chelsea Brener Cusimano: Labor Dept. Announces Proposed Overtime Wage Increase

Wed, 30 Aug 2023 14:37:51 GMT

August 30, 2023 Press Release Shows Potential Overtime Employment Revisions

August 30, 2023: In a change that could greatly increase the earning capacity and labor cost in the market, the U.S. Department of Labor has announced a proposal to extend overtime wage protections for non-exempt employees making less than $1,059.00 per week. These generally low-salaried employees could see a significant increase in salary if the proposal is adopted.

Read the DOL's press release here .

Currently, the Fair Labor Standards Act provides overtime compensation for non-exempt employees making less than $684.00 per week. The Department of Labor's proposed change has the potential for a monumental increase in the scope of employees that could be guaranteed overtime compensation, if adopted. The Department of Labor estimates a change for about 3.6 million employees.

Essentially, this change could grant heightened economic security to employees for overtime protections if they earn less than $55,000.00 a year. It will also greatly affect businesses and the budgeting process for labor and shift scheduling.

In order to come to this proposal the Department of Labor launched an extensive outreach initiative with employers, workers, union, and other interested parties. Upon publication in the Federal Register, the notice of this proposed rulemaking will be open for public comment for 60 days. All comments are considered before publishing a final rule on a proposal of this sort.

Shoenfelt, Chapman Join SNW in Baton Rouge, Firm Opens New Office

Thu, 03 Aug 2023 16:33:16 GMT

Shoenfelt, Chapman Join SNW in Baton Rouge, Firm Opens New Office

Sternberg, Naccari & White, LLC, a Louisiana-based firm with offices in Baton Rouge and New Orleans, is pleased to announce a significant expansion of the Baton Rouge office with the addition of two seasoned attorneys and staff. On July 1, 2023, Mary Katherine “Katie” Shoenfelt and John “Jacob” Chapman brought more than two decades of legal experience to the Firm.

In addition, the firm has relocated, and is now based at II Rivermark Centre, 450 Laurel Street, Suite 1450. The firm’s office at 451 Florida Street has closed. Resident in the Baton Rouge office with Shoenfelt and Chapman are Ashley Caruso and Partner in Charge Ryan Richmond .

Katie Shoenfelt, a 2009 graduate of LSU Law Center and a noted family and personal planning attorney in Baton Rouge has brought her bustling family law litigation practice to the firm. Katie, who has experience in all levels and areas of family law including divorce, child support, spousal support, custody, community property, adoption and everything in between. Katie also has experience in medical malpractice, business litigation, and general litigation.

Jacob Chapman, a 2010 graduate of the LSU Law Center, has a breadth of experience in business litigation and insurance defense litigation. His practice includes, but is not limited to, work involving drafting and litigating business contracts; collecting and defending open account claims; assisting with planning and business startups; and counseling businesses and employees on issues such as non-compete agreements, non-solicitation agreements, and other related matters. He also has experience representing insurers in coverage claims and in liability defense and in defending medical malpractice claims against doctors, hospitals, and nurses.

Shoenfelt and Chapman, both former partners in the Baton Rouge firm of Carleton, Shoenfelt and Chapman, LLC, bring with them a strong reputation of effective and efficient counsel and litigation. Paralegal Kacie Alford also joins them in the move from their former firm to SNW.

“This expansion in Baton Rouge matches not only our goals, but the tenets of the capital region: exciting new business, quality, and growth,” said SNW Managing Partner Scott Sternberg . “Katie, Jacob and Kacie have brought a wealth of experience to bolster and cement our reach in Baton Rouge and Louisiana.”

To learn about their additional practice areas, or to learn more about the firm and its new office at 450 Laurel Street, please see their full firm profiles on our Meet the Team page.

Sternberg Appointed To The Board Of The American Red Cross - Southeast Louisiana Chapter

Wed, 26 Jul 2023 20:16:16 GMT

SNW Partner Scott Sternberg has been appointed to the Board of Directors of the American Red Cross of Southeast Louisiana .

As a member of the Board, Scott will assist the Red Cross in its public official and public affairs outreach. Scott has gained significant public affairs experience through his years of representing media organizations throughout Louisiana and his political experience.

“Our firm strongly encourages service on boards of nonprofits and other important organizations as a way for our lawyers to be involved in the community,” said SNW Partner Clayton White.“The American Red Cross is one of the most recognizable charitable organizations in the United States and is particularly important in Southeast Louisiana. Congratulations to Scott on his appointment!”

SBA Loan Applications Open for Small Businesses!

Wed, 26 Jul 2023 20:12:20 GMT

In response to the novel coronavirus (COVID-19) outbreak, Louisiana businesses are now eligible for Small Business Administration disaster loans.

As a result, small businesses and private, non profit organizations facing substantial economic injury as a result of the COVID-19 outbreak in the state of Louisiana may now be eligible for up to $2,000,000 in loans at low interest rates.

During these challenging times when revenue may slow down, these loans can potentially be used to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact.

According to official documents from the Small Business Administration, the interest rate is 3.75% for small businesses and 2.75% for non-profits, with terms for repayment of up to 30 years .

As with all loans, businesses should always consider their ability to repay prior to accepting loan proceeds.

Applications may be made online at http://disasterloan.sba.gov/ela . For questions, please contact Keith Naccari at keith@snw.law or 504-324-2141.

The presentation discussed in the video above is available for download here .

SNW Open for Business, Enacting Disaster Protocols

Wed, 26 Jul 2023 20:07:40 GMT

To our friends, family and colleagues:

Our firm has implemented our disaster/hurricane plan and we are moving to a skeleton crew in office starting Monday.

We are urging attorneys to work from home as needed and use our offices only as a hub. Fortunately, we already operate on the cloud and collaborate via Google and Slack, so the transition will be seamless.

We are built for this—coronavirus is not really what you plan for when building a tech forward law firm, but we are ready!

Our offices in NOLA and BR will be lightly manned, but locked. All our attorneys are safe, sound, healthy, and will be operating at full capacity.

We will e-sign documents, meet clients virtually and try to limit exposure as our President, Governor and local officials have asked.

Given the tenor of the times we expect you will still have questions: from news, to contracts, torts and government power. We will be there. We will also be closely monitoring the Louisiana Legislature, as always.

You have our cells and our e-mails, don’t hesitate to e-mail or call. Be safe and healthy!

Justin Alsterberg Joins SNW as Managing Partner of Litigation

Wed, 26 Jul 2023 20:01:21 GMT

NEW ORLEANS – The law firm of Sternberg, Naccari & White, LLC, with offices in New Orleans and Baton Rouge, is thrilled to announce the addition of Justin Alsterberg as its Managing Partner of Litigation.

Justin, a seasoned trial attorney, will lead the SNW litigation group, which represents businesses and individuals throughout the state of Louisiana and other select jurisdictions.

New Orleans City Council's Short Term Rentals Vote Explained

Wed, 26 Jul 2023 17:46:49 GMT

After a long debate today, the New Orleans City Council set in motion a process that will dramatically change the City of New Orleans’ short-term rentals laws. By a unanimous 7-0 vote, the Council passed a motion to establish the following changes:

Homestead Exemption Requirement: In residential areas, STRs will only be allowed on properties containing a homestead exemption. A property with a homestead exemption will be allowed to have up to 3 separate STR units. This is a major change from current law. Homestead exemptions are essentially a property tax abatement on primary residences. Because a person can only have one primary residence, this change will dramatically limit STRs in residential areas.
Commercially Zoned Areas: In commercial areas, the permit system will differentiate between four types of properties: single unit, small (1-4 units), large 1 (5-49 units), and large 2 (50+ units).
Permit Fees: Although not part of the motion voted on today, the Council is planning on changing permit fees, with the goal of generating $20 million per year in the Neighborhood Housing Investment Fund, which is to go to affordable housing needs in the city. The current version they are working with appears to allow real estate developers to apply for fee offsets if they build affordable units on a 1:1 basis with STRs.

What’s Next: Today’s motion does not officially change the law. Instead, it triggers the City Planning Commission review process. Because the motion seeks to change the City of New Orleans’ Comprehensive Zoning Ordinance, it must go through the City Planning Commission review process. Once that process is complete, an ordinance will be introduced. The City Council will then vote on the ordinance in a regular Council meeting. Thus, if you want to make your voice heard on this issue, you have at least two more public hearings, at the CPC and then at the City Council, where you can participate.

In the coming months, the Council will also be addressing laws related to the businesses, like Airbnb, who provide an online platform for owners of STRs to advertise and book their properties.

For more information on short-term rentals, land use, zoning or real estate, contact Natalie K. Mitchell in our office.

Keith Naccari Recognized With National And Local Accolades

Fri, 07 Jul 2023 03:23:13 GMT

SNW Partner Keith Naccari, who leads the firm’s business and tax practice from New Orleans and Baton Rouge, has been recognized with several prominent awards both locally and nationally.

Keith, who serves as co-Managing Partner of the firm and spends his volunteer time teaching at Loyola Law School and with other community organizations, has built a nationally recognized practice of mergers, acquisitions, strategic personal and business advice, and tax.

Top 40 “On the Rise” By the American Bar Association

Keith has been recognized as one of the American Bar Association’s Top 40 Young Lawyers for the year 2023. Keith will be recognized at the ABA National Young Lawyers Conference in Denver, Colorado on August 4, 2023. Keith’s national recognition includes 40 members of the ABA Young Lawyers Division who exemplify a broad range of high achievement, innovation, vision, leadership, and service to the profession and their communities.

CityBusiness Leadership in Law

Keith has been selected by New Orleans CityBusiness as one of its 2023 “ Leadership in Law ” honorees. The annual list from the local business magazine and news outlet recognizes area legal professionals in several categories, including public service, firm-associated, and academia.

Keith and his fellow Leaders in Law will be celebrated at an in-person event on Oct. 9 at the New Orleans Museum of Art from 4 to 6 p.m. A special Leadership in Law insert profiling all honorees will run in the Oct. 20, 2023, issue of CityBusiness .

CityBusiness Money Makers

Keith has also been named to New Orleans CityBusiness’ annual “Money Makers” list, which honors financial professionals, and those adjacent to financial planning, for outstanding achievement in the area.

The “Money Makers” were recognized in the May 19, 2023, issue of CityBusiness .

New Orleans City Council Changes Commercial Short-Term-Rental (CSTR) Rules

Thu, 15 Jun 2023 03:29:14 GMT

On Thursday, June 8, 2023, the New Orleans City Council passed what may be its last of a series of Interim Zoning Districts (“IZD’s”) targeting the Short-Term Rental (“STR”) industry. The Motion and Amendment , both proposed by Councilmembers Morrell and Harris , passed the council unanimously. Among other limitations, the IZD prohibits new Commercial Short-Term Rentals (“CSTRs”) anywhere in the City.

An initial motion attempted to create an IZD covering the entire City of New Orleans, prohibiting CSTRs, Hotels, Motels, Timeshares, and Hostels as allowable uses. The initial motion was also susceptible of an interpretation that would have drastically limited the City’s usual “grandfathering” process for properties where the owner has expressed an intent to engage in a permitted use and made progress towards that use before the use is prohibited.

The motion was met with harsh criticism from developers, especially hoteliers. The authors deferred the bill twice and offered the amendment that was ultimately passed. The amendment removed mention of Hotels and Motels from the motion entirely. It limited Timeshares, while leaving only Hostels and CSTRs in the category of wholly prohibited uses. The amendment also removed the language limiting the City’s grandfathering practices.

When the dust settled, the City Council effectively cut off any new applications for Hostels and CSTRs city-wide for a year. Those business that already have those licenses will face the City’s complex rules governing vested property interests and existing uses.

Sternberg, Naccari, & White represents many property owners who operate Commercial and Non-Commercial Short-Term Rentals. The regulatory landscape changes almost constantly. Contact Graham Williams f or more information.

Haley Jupiter Joins Sternberg, Naccari & White, LLC In NEW ORLEANS

Tue, 06 Jun 2023 03:41:42 GMT

NEW ORLEANS, La. – Sternberg, Naccari & White, LLC is thrilled to announce it has added H aley Jupite r to its litigation team.

Haley began with the firm in March, joining from a family law practice in New Orleans. She will practice in general litigation and continue her family law practice. A 2022 graduate of Loyola Law School, Haley clerked for Sternberg, Naccari & White, LLC in law school. She is now the second SNW clerk to return to SNW as an attorney in the firm’s young history.

“We are so excited that Haley has returned to our firm as an attorney after she was one of our most outstanding summer law clerks,” said SNW co-Managing Partner Scott Sternberg . “Having Haley back with us so early in her career is a testament to how special we believe Haley is and can be to our clients and our firm.”

Haley, who hails from a proud line of judges and lawyers, is a graduate of Dominican High School, Loyola University, and Loyola Law School. She was named the “Best Overall Trial Advocacy Member” while at Loyola Law. While not on a client project or working to expand her practice, you can find Haley walking her dog around mid-city, or on her bike along the Bayou.

For more information, contact Haley or SNW at info@snw.law .

Chelsea Brener Cusimano: Decision Limits Employee Confidentiality And Non-Disparagement Provisions

Thu, 30 Mar 2023 03:44:23 GMT

The nature of the rules that to protect both employees and employers from future litigation is everchanging. Not a day goes by in my practice as an employment attorney where I read a new rule or decision and don’t have to ask myself: “How does this impact the balance of obligations between employer and employee?

A February 21, 2023, National Labor Relations Board (“NLRB”) decision reopens the door to what some believe is the original intent of the National Labor Relations Act. Put simply, in McLaren McComb, 372 NLRB No. 58, the NLRB returned to a formerly longstanding position that employers could not put overly broad confidentiality provisions and non-disparagement agreements in employee severance agreements.

“Inherent in any proffered severance agreement requiring workers not to engage in protected concerted activity is the coercive potential of the overly broad surrender of NLRA rights if they wish to receive the benefits of the agreement.” [1] Whether or not that applies to employee settlement agreements is an area still under active consideration in the wake of the one-month-old decision.

Severance agreements are not wholesale illegal, they are now subject to more close scrutiny, likely in favor the employee. The McLaren decision has narrowed an employer’s ability to put overly broad confidentiality agreement and non-disparagement agreements into an employee severance agreement.

Put simply, non-disparagement agreements and overly broad confidentiality should now be a product of the past. The NLRB opined that these types of provisions required employees to give up certain fundamental rights in exchange for receiving the benefits of a severance agreement.

While this precedent is in its infancy, the questions that this decision bring to employment law–both on the employee and employer side–are robust and challenging. First, to what extent does this apply to private sector employers? Are there certain employees that will be exempt as they are not defined as “employees” under the National Relations Act? And finally, the question I fear the most – will employers offer fewer employee severance agreements as a result of this decision?

While the decision appears to expand employee rights – will employers be less willing to issue severance upon termination/resignation? Employment attorneys now have some guidance, in addition to a whole new worldview of confidentiality and non-disparagement.

On March 24, 2023, NLRB General Counsel Jennifer Abruzzo provided some guidance. GC Memo 23-05 (the “memo”) begins the first attempt to instruct employment attorneys, employees and employers alike on responding to inquiries “about implications stemming from” the McLaren decision. While the memo does not create the law, it appears to be, at first glance, an attempt to discuss further protections to come. Will we soon be facing an era where non-competition and non-solicitation agreements are on the chopping block next?

For more information on your rights as an employee, or new obligations placed on employers please contact Chelsea Brener Cusimano at cbc@snw.law .

[1] McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO. Case 07–CA–263041.

Graham Williams: City Council To Leave Non-Commercial STR License To Lottery

Mon, 27 Mar 2023 03:46:50 GMT

In a hotly contested vote on Thursday, March 23, the New Orleans City Council created all new regulations for Non-Commercial Short-Term Rentals (“NCSTRs”). While the new rules had been expected for some time, the vote confirmed some concerning realities for NCSTR owners: a lottery will be held to determine which owners can operate NCSTRs— the regulations state that there can be only one NCSTR per city block. While a proposal for two “special exceptions” per block was later approved, the change is a sea change for NCSTR owners.

Only natural persons (as opposed to corporations) can own properties used for NCSTRs; no person may own more than one NCSTR; and the operator must be responsive to any issues within one hour. NCSTRs will require an on-premise operator who must demonstrate residency through at least three pieces of proof, including a lease, if applicable. An NCSTR may list up to three bedrooms for six guests, with a bedroom set aside for the exclusive use of the operator. SNW represents numerous NCSTR owners, as well as commercial STR owners, and the regulations for both groups are quite stringent.

Prior to Thursday’s vote, STRs had been grouped as either Commercial or one of three different types of Residential STRs. The prior law required that the owner of a Residential STR live in the property and demonstrate that fact by having a homestead exemption on the property. A lawsuit by out-of-state property owners resulted in a decision that the homestead exemption requirement was unconstitutional . The court in that case set a deadline of March 31, 2023 for the City Council to remove the homestead exemption requirement, prompting Thursday’s vote. The new ordinance collapses the three different types of Residential STRs into the Non-Commercial category.

The new law does not prioritize the holders of current Residential licenses, many of whom purchased properties with the expectation that they would be able to conduct STR operations.

However, the law does incorporate the “safety valve” concept first floated by Councilman Freddie King III. The amendment that he and Councilman J.P. Morrell proposed and was passed allows for two “special exceptions” per block. Property owners can apply for an exception, and via the neighborhood participation process, a notice would be sent to properties within 100 feet of the property, but no “neighborhood meeting” will be required as the exemption is less than a city square. After 60 days, the City Planning Commission would prepare a report, and, 60 days following that, the council could vote on the requested exception. This neighborhood participation process is notable in that, unlike the process for other zoning changes, it will not require notice to neighborhood organizations. We believe, as do others, that neighborhood groups will need to ensure property owners are communicating about a notice received in the mail, a process that was normally captained by the neighborhood organization itself.

Many observers are concerned the “special exceptions” process could lead to arbitrary and politically motivated decisions. Many questions persist following Friday’s vote. How will the city conduct a lottery for the hundreds of impacted blocks? Will the lotteries be public? And will there be any factors incorporated into the lottery, including the potential “weighting” of certain claims? Furthermore, while the city is staffing up, it is common knowledge that the Short-Term Rental office at City Hall is woefully understaffed. Overall, NCSTR owners should be monitoring this process—as their income may now be left to a game a chance, and a special exception application that could determine the property’s viability as an STR.

For more information, please contact Graham Williams at graham@snw.law

New Orleans City Council Bans Some Commercial Short-Term Rentals (STRS)

Tue, 07 Feb 2023 04:48:05 GMT

On Thursday, February 2, 2023, the New Orleans City Council voted 5-0 to create an Interim Zoning District (“IZD”) that prohibits the use of a Commercial Short-Term Rental (“CSTR”) in certain neighborhoods and certain zoning.

The measure, authored by District B Councilmember Lesli Harris , focuses on mixed use designations popular among real estate developers; HU-MU, MU-1, and MU-2, banning the issuance of new CSTR permits in those zoning designations, where CSTRs were previously a permitted use.

The IZD in which the ban applies covers much of Central City and is designed to include Tchoupitoulas running uptown to Dufossat Street, and notably excludes the Convention Center Neighborhood, wherein CSTR’s will remain available to some of the City’s largest development plans. The borders of the IZD are complex and are roughly represented in the graphic accompanying this article.

An IZD is meant to be a temporary measure and has been used frequently in recent years by the council. Use of an IZD has historically been disfavored, as it changes the use of land and undermines predictability in the real estate market. In recent years, they have grown in popularity; last year the council used one to stop the issuance of new Residential STR permits .

The ostensible purpose of the IZD was to protect the historic character of the neighborhood, after the rise of CSTRs was linked by some to the City’s housing shortage. While this IZD likely does not impact existing CSTRs, which have a vested property right in their permits, those properties within the IZD that are zoned HU-MU, MU-1, and MU-2 are still susceptible of dozens of commercial and institutional uses, including use as a hotel.

Critics of the council’s decision argue that the vote was an instance of the council picking winners and losers and undermining predictability in property rights.

During the same meeting, the council also approved a motion by Councilmembers Harris and Giarusso to create another IZD–for the entire City of New Orleans. Under the new IZD, any property for which a Bed and Breakfast was previously a permitted use has now become a conditional use, requiring approval by the City Planning Commission and City Council. This change was largely seen as an attempt to foreclose an alternative STR development avenue.

With the New Orleans real estate market in flux, these changes provide further regulatory hurdles for STRs. The council must adopt a new framework for Residential STR’s by the court-ordered deadline of March 31, 2023, so uncertainty is the only certainty.

To discuss personalized advice and representation, contact SNW Partner Graham Williams .

SNW Welcomes Attorney Chelsea Brener Cusimano

Fri, 03 Feb 2023 04:49:48 GMT

NEW ORLEANS – The Louisiana law firm of Sternberg, Naccari & White, LLC, with offices in New Orleans and Baton Rouge, is pleased to welcome Chelsea Brener Cusimano to the firm as a Partner.

Ms. Cusimano, who like many SNW lawyers practices around the state in New Orleans, Baton Rouge, Lafayette, Lake Charles, Shreveport, and Monroe, is a noted employment lawyer with business, litigation, and a law enforcement background. She joins the firm from Brener & Kraus, the firm founded by her mother, the late Lisa Brener. She is a fourth-generation New Orleans lawyer.

“Chelsea’s decision to bring her significant practice to SNW says a lot about her, and our growing firm,” said SNW Co-Managing Partner Scott Sternberg . “Our business clients and individuals around Louisiana and the gulf coast will benefit from her wealth of employment experience.”

Ms. Cusimano, a 2012 graduate of Loyola Law School and 2013 graduate of George Washington University’s LL.M. program, said that working with the SNW team in diverse litigation cases drew her to the firm.

“I’m thrilled that I get to work with thoughtful litigators who care about their practice, their clients, this firm, and each other.” Chelsea said. “The energy at SNW is contagious–I already look forward to work every morning and I know my second decade will be even more challenging and exciting than my first.”

Chelsea lives on and around the thriving Magazine St./Bouligny corridor in Uptown New Orleans. Her family lives blocks away, but her English Labrador is always close by. Her claim to fame? Her St. Martin’s High School graduating class voted her “Wittiest.” Her real claim to fame, however, is that her “step-dog” Kevin the Shiba has nearly 100,000 followers on Instagram .

Learn more about Chelsea here .

Congress Passes Second Covid-19 Legislation Including PPP Boost

Thu, 22 Dec 2022 19:06:37 GMT

Congress appears to have an agreement concerning a second Coronavirus stimulus package totaling nearly $1 trillion. SNW will host an “emergency” webchat Wednesday, December 23, 2020 at 10:30 a.m. CST. The chat will be via Zoom and Facebook Live. Please RSVP to info@snw.law or monitor our Facebook page .

An early analysis of the legislation passed by the House of Representatives and Senate late Monday by SNW attorney Keith Naccari reveals that some of the widely anticipated and most useful benefits include:

Federal unemployment benefits of $300 per week have been extended through March 14, 2021;

$600 stimulus checks will be issued to most Americans;

Phase outs begin for individuals making greater than $75,000 and married couples making $150,000

These checks will have the same restrictions as the original stimulus checks from the spring/summer.

Changes and Additional funding for Paycheck Protection Program:

Forgiveness is simplified for businesses.

The legislation adds the ability to apply for additional funding from a businesses’ first draw from the first round of the Paycheck Protection Program if the maximum amount was not received

The legislation proposes to expand the definition of forgivable expenses by adding covered property damage costs, covered supplier costs, and covered worker protection expenditures

Importantly, the legislation creates a so-called “second draw” of the PPP for those who qualify. If a business can show a 25% decrease in revenue in any quarter in 2020 compared to the same quarter in 2019, businesses may receive an additional payment from the PPP. Contact us for details.

Paycheck Protection Program Tax clarification and extensions:

The legislation specifies that proceeds from PPP and EIDL advances shall not be taxable income, and the expenses covered with such proceeds shall not have their deductibility affected.

The legislation extends most tax credits offered in the CARES Act and Families First Coronavirus Response Act for Paid Sick and Family Leave through March 31, 2020

RSVP to join us Wednesday December 23, 2020 at 10:30 a.m. by e-mailing info@snw.law to discuss these benefits in greater detail, or stay tuned to our website for a recording and further updates.

Katherine Wells Gressett Joins SNW In New Orleans

Thu, 03 Nov 2022 03:51:45 GMT

NEW ORLEANS – The Louisiana law firm of Sternberg, Naccari & White, LLC, with offices in New Orleans and Baton Rouge, is pleased to welcome Katherine Wells Gressett to the firm.

Ms. Gressett, a graduate of LSU Law School, where she was on the Moot Court Board and the Energy Law Journal, joins a budding litigation practice and plans to expand her estate planning practice, targeting New Orleanians and those across the state interested in wills, trusts, and other special circumstances.

“Sometimes, the stars align and you add the perfect piece to the Firm’s puzzle,” said SNW Co-Managing Partner Scott Sternberg . “Katherine is going to be a great addition to our team.”

Katherine has worked on both the Plaintiff and Defense side of the bar, in cases across the state and nationally. She has represented individuals, businesses and governmental entities. SNW focuses on family-owned businesses and business litigation, in addition to tax, bankruptcy, real estate, media and commercial law. The firm also assists clients in negotiating with governmental entities and engages in high profile litigation — often with government.

“I was attracted to SNW, because the firm placed a strong focus not only on quality client service, but also on my growth as an attorney and a person,” Katherine said. “I’m thrilled to continue my litigation practice and build my estate planning practice at SNW, where I know I can help people attain peace of mind for their families and loved ones.”

Ms. Gressett lives in Mid-City with her husband and two cats. A Francophile since her college days at Vanderbilt, she is fluent in French and continues speaking to date.

Contact Katherine here .

New Orleans City Council Upends Residential Short-Term Rentals

Tue, 30 Aug 2022 03:53:30 GMT

On Monday, August 29, 2022 the New Orleans City Council unanimously placed a moratorium on new residential short-term rentals (“STRs”) and said that all residential STR permits will expire on March 1, 2023.

In short, the Council upended the way that residential STRs were licensed. No new residential STR licenses can be issued for six months. If you have a residential STR — this change may signal the end of that business. All existing licenses are now set to expire on March 1, 2023.

Before this vote, STRs could be licensed either as commercial or residential, depending on the property’s underlying zoning.

A residential STR (“RSTR”) is one where the owner has their primary residential dwelling onsite. As many New Orleanians are familiar, primary residence, for STR purposes, is established by the homeowner’s submission of proof of a homestead exemption on the STR property. A residential STR can fall into one of three categories, subject to varying limitations on the number of rooms and guests.

A commercial STR (“CSTR”) is one offering an entire dwelling unit, with a limit of five guest bedrooms and no more than ten occupants. These properties are often referred to as the “whole home” rentals and are only available for properties in specific zoning classifications.

On August 29, 2022, the Council directed the City Planning Commission to establish an Interim Zoning District (“IZD”) that will last for six months to list all types of RSTRs as prohibited uses, such that property owners will no longer be allowed to apply for them. The vote also put an expiration on all RSTR licenses, which are now deemed to expire March 1, 2023. The IZD will further prohibit City agencies from accepting new RSTR applications or issuing new RSTR licenses during its existence. The IZD is subject to renewal of up to 180 days.

The vote was in response to a decision of the United States Court of Appeals for the Fifth Circuit issued on August 22, in which the Court held that the City’s residency requirement for RSTRs was unconstitutional.

Prior to that decision, the City had used the residency requirement as a way to limit STRs in neighborhoods zoned residential by requiring that the owner actually reside on premises.

Hundreds of property owners throughout the City hold RSTR licenses that will be obsolete effective March 1, 2023, subject to permanent revision of the Comprehensive Zoning Ordinance. Councilman At-Large JP Morrell, the sponsor of the new rule, stated at the meeting that the intention of the council was to have a new legal regime to govern RSTRs by the March 2023 expiration date.

Please contact Graham Williams if you have questions or need advice about the impacts of this vote and likely paths forward for the industry.

Court Throws Out Residency Requirement For Short-Term Rentals

Tue, 23 Aug 2022 03:55:45 GMT

Many property owners in New Orleans are familiar with the City’s rule that in order to operate a short-term rental (“STR”) in a residential neighborhood, the property owner must first demonstrate to the City that they reside on the premises. This rule was created to limit the spread of STR’s in those residential neighborhoods. The City enforces the provision by requiring the homeowner to provide the City’s STR Department with a copy of their homestead exemption covering that property.

On August 22, 2022, the United States Court of Appeals for the Fifth Circuit, in Hingell-Stark v. City of New Orleans, threw a wrench in that process, holding that the requirement of residency is unconstitutional.

The Court, in examining the STR ordinances, held that the “residency requirement” violated the dormant Commerce Clause; that it was discriminatory against interstate commerce on its face; and that its goals could be achieved by other means.

The Fifth Circuit, the federal appeals court which sits in New Orleans and hears federal cases arising from lower federal courts in the states of Louisiana, Texas, and Mississippi, vacated summary judgment that had been issued in favor of the City on the issue.

In short: the days of the STR residency requirement in New Orleans may be numbered. If you would like to discuss navigating the ever-changing STR landscape, please contact Graham Williams for more information or a consultation.

Meghan Carter Joins SNW In New Orleans

Wed, 10 Aug 2022 03:57:20 GMT

NEW ORLEANS, LA – Meghan Carter , an experienced complex litigator and business problem solver who has handled myriad state and federal disputes after spending two years in a federal clerkship, has joined Sternberg, Naccari & White, LLC in New Orleans.

Meghan will bolster the Firm’s practice in business and complex litigation and expand the Firm’s practice areas in intellectual property, employment, and appeals.

“Meghan’s can-do attitude and expansive experience with businesses big and small is a great addition to our Firm,” said SNW co- Managing Partner Scott Sternberg . “The way our firm works is different, and she’s going to fit right in with our tech-forward, work-anywhere team.”

Meghan is a third-generation litigator. She began her career clerking for a Federal Judge on the Eastern District of Louisiana, before moving on to a major New Orleans defense firm. She then ran her own practice before joining SNW in August 2022.

Meghan, who hails from the Northshore, graduated with honors from LSU and LSU Law School, and since entering the practice has been recognized as a Super Lawyers “Rising Star” in Business Litigation for the past four years, as well as “One to Watch” by the Best Lawyers in America from 2021-2023.

Learn more about Meghan here .

Ashley Caruso Joins SNW In Baton Rouge

Mon, 25 Apr 2022 03:57:55 GMT

BATON ROUGE, LA – Sternberg, Naccari & White, LLC is pleased to announced that Ashley M. Caruso , an experienced litigator with significant federal and state court experience, has joined the Firm. She will be based out of Baton Rouge.

SNW co-Managing Partner Scott Sternberg said that Ashley’s addition was much needed.

“We’ve been looking for someone like Ashley for quite some time now: somebody we can count on to get the work done, communicate effectively with Clients, and expand our horizons in Baton Rouge. Ashley is just the ticket,” Sternberg said.

Caruso is a graduate of the University of Memphis and Loyola University New Orleans School of Law. She is currently enrolled in Mississippi State University’s MBA program online. She and her husband live outside Baton Rouge in Central and are the parents to three young children.

Learn more about Ashley here.

Scott Sternberg Elected To Par Louisiana Board

Tue, 16 Nov 2021 18:41:38 GMT

SNW co-Managing Partner Scott Sternberg was named to the Public Affairs Research Council of Louisiana’s Board of Directors at the organization’s annual meeting last week.

PAR Louisiana, founded in 1950, is Louisiana’s premiere voice in private, nonprofit research on legislative, state and fiscal issues.

“I’ve been thrilled to work with PAR for years advocating for better and more open government,” Sternberg said. “I look forward to joining this esteemed board and continuing the great work of PAR to better our state.”

In the past, Sternberg and the Firm have been authors and supporters of PAR’s “ Sunshine HQ , ” which assists citizens in Open Meetings and Public Records questions.

PAR is supported through the tax-deductible membership contributions of hundreds of Louisiana citizens who want better, more efficient and more responsive government. Find out more about PAR here .

SNW Scores Significant Victory in Bond Commission Lawsuit

Fri, 24 Sep 2021 19:59:29 GMT

COURT RULES LAWSUIT AGAINST LOUISIANA STATE BOND COMMISSION CAN PROCEED, ALSO INDICATES THE COMMISSION ACTED UNLAWFULLY WHEN IT EXCLUDED UNDERWRITING BIDS FROM LARGEST BANKS

Court Soundly Rejects State’s Effort to Dismiss Lawsuit, Commenting that the Commission’s Actions Were “Obviously Unlawful”

BATON ROUGE – A Louisiana state court Judge ruled yesterday that a lawsuit against the Louisiana Bond Commission alleging that it acted unlawfully when it asked potential roadway improvement bond underwriters about their unrelated corporate policies related to firearms, which resulted in the Commission’s exclusion of underwriting bids from Bank of America and Citibank N.A, can go forward.

“As the court recognized, the bond commission’s actions weren’t just misguided. They were obviously unlawful,” said David LaCerte, an attorney with Sternberg, Naccari & White, LLC, which is representing the plaintiffs. “Everyone is entitled to their own political views, but scoring political points shouldn’t needlessly cost our state money. Our client is ensuring there is accountability when public officials don’t live up their obligations to taxpayers.”

The ruling by Judge Trudy White was a significant victory in the plaintiff’s taxpayer standing suit against the Bond Commission. The plaintiff is seeking an injunction barring the Bond Commission from excluding potential financial underwriters for reasons unrelated to their experience and qualifications, as well as a courtroom declaration that the Bond Commission acted unlawfully. The plaintiff alleges the Bond Commission exceeded its legal authority and improperly excluded Bank of America and Citi for political reasons, notwithstanding warnings that excluding these banks would have negative financial implications for the State and its taxpayers. The lawsuit also contends that the Bank of America and Citi policies did not infringe on the rights of Louisiana’s citizens to acquire and keep and bear firearms

SNW Obtains Dismissal of Defamation Suit via Louisiana Anti-SLAPP law

Fri, 24 Sep 2021 19:35:55 GMT

In October of 2017, Danny Lawler was shocked to learn his father was in the hospital and rushed to his bedside. What he found there was extremely disturbing: he believed the staff there was completely inattentive. So, he complained.

Lawler, the former Publisher of the Shreveport Inquisitor , took to Facebook to voice his frustration, and found that many of his friends from the area had similar experiences at the same emergency room. Being a newspaperman, he wrote a column about his poor experience there.

The Inquisitor , a community paper in the Shreveport-Bossier City area, prominently featured the article on its front page.

But Lawler and his publishing company were sued for defamation by the doctor in charge and, following a years-long fight on an unrelated issue, filed a motion to have the defamation suit dismissed via Louisiana’s anti-SLAPP law. The Motion was heard at the 19th Judicial District Court in Baton Rouge, Louisiana, before Judge Richard “Chip” Moore.

Thankfully for the Inquisitor, Louisiana law provides a procedural mechanism to dismiss lawsuits brought against people for defamation when they are merely expressing their opinions. Louisiana’s “anti-SLAPP” law, as it is called, (defined as a strategic lawsuit against public participation) is codified at Louisiana Code of Civil Procedure article 971. It protects speakers and publishers against malicious or meritless lawsuits filed that arise “from any act of that person in furtherance of the person’s right of petition or free speech under the United States or Louisiana Constitution.”

“Anti-SLAPP exists precisely for this reason: to ensure that the right to freedom of speech and the press is not chilled by frivolous lawsuits,” said attorney Scott Sternberg , who argued the anti-SLAPP Motion.

The anti-SLAPP law also allows for people who have been sued under such circumstances to recover their attorneys’ fees and costs if they are successful in advancing their anti-SLAPP Motion – an incredibly helpful tool for small publications such as the Inquisitor. SNW was successful in not only winning the Motion, but in recovering attorneys’ fees on behalf of a grateful client. Lawler recently sold the paper to a new owner, but said he is thrilled that Louisiana law protected him from what he considered a “malicious” lawsuit.

“As a publisher, you hate to see a defamation lawsuit that could cause your business to completely go belly-up,” Lawler said after the ruling was released October 9, 2019. “Fortunately, the law was on our side and our attorneys obtained a complete dismissal of the action, which is exactly how it should have gone. We are thrilled!”

SNW provides advice and representation in litigation for individuals, newspapers and other media companies on First Amendment issues including access, privacy and defamation issues. For more information on SNW’s media and First Amendment law practice, contact Scott Sternberg at scott@snw.law .

Governor Edwards Suspends Legal Deadlines Until Sept. 24, 2021

Tue, 07 Sep 2021 17:43:02 GMT

Gov. John Bel Edwards of Louisiana has issued an Executive Order suspending all legal deadlines, including prescription, peremption, and any delays associated with legal matters, until September 24, 2021.

Any currently pending deadlines in litigation you may have pending in Louisiana are likely suspended. If you have questions, feel free to reach out to an SNW attorney for a free consultation.

Read more here: 170JBE2021StateofEmergencyAmendment

SNW Partner Ryan Richmond To Lead Panel On Bankruptcy And Mediation Issues

Wed, 25 Aug 2021 04:03:13 GMT

SNW Partner Ryan J. Richmond will be presenting with Judge Louis Kornreich (ret.) this week at the National Association of Bankruptcy Trustees ‘ annual conference in Chicago. Their panel, Mediation-ish: How to use Mediation Tools to Facilitate a Consensual Plan, will focus on how subchapter V trustee can use a mediator’s toolkit to facilitate the development of consensual plans of reorganization in small business bankruptcy cases.

The NABT is hosting its annual conference in Chicago, IL August 25-27, 2021. This year’s conference will feature a first-of-its-kind track dedicated exclusively to issues arising under subchapter V of the new Small Business Reorganization Act of 2019.

Ryan’s co-panelist, the Hon. Judge Kornreich, recently retired from the bench, after serving as the bankruptcy judge for the District of Maine. Jude Kornreich is a member of nationally-recognized mediator and is a member of the American Bankruptcy Institute’s mediation section.

Ryan serves as Managing Partner of SNW’s Baton Rouge, LA office and leads the firm’s bankruptcy section.

SNW Attorney Johnston Burkhardt Chosen As 2021 Justice For All Ball Featured Artist

Mon, 02 Aug 2021 04:06:46 GMT

SNW’s newest attorney, Johnston Burkhardt , has been chosen as the Pro Bono Project’s featured artist for the 2021 Justice for All Ball.

The ball, which raises money for the Project’s civil legal aid programs, is set for Friday, September 17, 2021 at Mardi Gras World . Louisiana businessman Boysie Bollinger is the Honorary Chair .

Johnston is the first attorney ever asked to paint ‘Lady Justice,” which is auctioned off each year at the Justice For All Ball to support the Project’s work in the community.

Scott Sternberg, the firm’s co-Managing Partner, said the firm is incredibly proud of Johnston.

“At this firm, we believe in meaningful pro bono service to better our community,” said Sternberg. “It’s an amazing twist of fate that right as we were hiring Johnston, and unbeknownst to us, the Pro Bono Project was reaching out to him to paint “Lady Justice.” We couldn’t be prouder.”

SNW was named the Pro Bono Project’s 2020 Pro Bono Law Firm of the Year . Sternberg serves on its Board of Directors.

Pro Bono Project Executive Director praised Johnston for donating his time and talents to the worthy cause.

“As our first Justice For All Ball artist who is a practicing lawyer, we are thrilled that Johnston created our 33rd Anniversary Lady Justice painting,” Kahr said. “His portrayal is particularly meaningful in a year when the legal community is standing up in support of civil legal aid and access to justice for all.”

Karr continued: “The funds we raise through the Justice For All Ball, including the auctioning off of Johnston’s Lady Justice, support our on-going work. We could not provide our services without the assistance of the law firms, solo practitioners, and many other professionals who give their time, talent and funds to The Project – firms like Sternberg, Naccari & White and lawyers like Johnston.”

Burkhardt said he was humbled to be the first practicing attorney-artist ever chosen to paint lady justice.

“My two passions are art and law,” Burkhardt said. “I am honored and excited to be chosen to donate the lady justice painting to this year’s auction and to be able to contribute to such an important organization.”

Follow Johnston on Instagram at @JBurkhardtart .

Johnston Burkhardt Joins Sternberg, Naccari & White, LLC

Sat, 03 Jul 2021 04:08:38 GMT

Johnston Burkhardt , a New Orleans native and graduate of LSU Law School, has joined Sternberg, Naccari & White, LLC in its New Orleans office.

Johnston will work on marketing and closing real estate matters with SNW’s affiliated title company, Quality Title . At SNW, Johnston will focus on real estate and also assist in litigation and other business related matters. He has experience in family law and general litigation, most recently at a prominent firm in the New Orleans area.

“Johnston was SNW’s first law clerk when he was in law school, and we always hoped there’d be a chance to bring him back home,” said SNW co-Managing Partner Scott Sternberg . “Johnston’s dedication to our team atmosphere and his can-do approach will serve our Clients well both at Quality Title and SNW.”

In his free time, Johnston is an accomplished artist, and has been selected as the featured artist for the Pro Bono Project’s “Justice for All Ball” set for September 17, 2021. In 2020, SNW was selected as the Pro Bono Project’s “Law Firm of the Year.”

For more about Johnston, or to contact him, review his profile .

SNW Partner Ryan Richmond Appointed To Co-Chair Planning Committee For Bankruptcy Subchapter V Trustee's Conference

Sat, 27 Mar 2021 04:10:13 GMT

The National Association of Bankruptcy Trustees (the “NABT”) has appointed SNW Partner Ryan J. Richmond as the Co-Chair of its Subchapter V Conference Planning Subcommittee.

Ryan and his co-chair, Kesha Tanabe of Minneapolis, MN, have assembled a distinguished nationwide group of judges, trustees and practitioners that will take attendees through each step of subchapter V small business reorganization.

Ryan serves as Managing Partner of SNW’s Baton Rouge, LA office and leads the firm’s bankruptcy section.

Ryan was honored to be appointed a member of the first panel of case-by-case subchapter V trustee s in Louisiana. His work as a Subchapter V Trustee represents a growing practice and a new form of relief for small businesses in bankruptcy.

SNW Files Lawsuit Against Krewe Of Nyx

Thu, 11 Feb 2021 05:12:20 GMT

LAWSUIT FILED AGAINST THE MYSTIC KREWE OF NYX , ITS CAPTAIN AND CEO JULIE LEA FOR WRONGFULLY PROFITING OFF OF HER NYX SISTERS

SNW LAWYERS SUZY MONTERO AND GRAHAM WILLIAMS, AND HARRISON LAW’S TAETRECE HARRISON SEEK CLASS ACTION STATUS ON BEHALF OF CLIENTS

NEW ORLEANS, LA – February 10, 2021 — Today in Orleans Parish Civil District Court, Sternberg, Naccari & White, LLC Lawyers Suzy Montero and Graham Williams, along with Harrison Law’s Taetrece Harrison filed a class action lawsuit on behalf of clients against Nyx Founder and CEO Julie Lea, the Mystic Krewe of Nyx, Chris Lea, Crescent City Innovations, LLC, Nyx Sisters, Inc., Stone Insurance, Inc., and an unnamed Insurance Company.

The Plaintiffs include Cantrece Reed, Nonette Pierre, Holly McKenny, Tiffani Bush and Jennie Campbell. The lawsuit seeks a class action certification for all former and current Nyx Members since 2016 who suffered economic damages. Anyone who would like more information can visit our Nyx page or e-mail nyx@snw.law .

The complaint seeks financial damages for alleged gross mismanagement by Julie Lea. It reads:

“This Class Action is the apex of one of the most notable falls from grace in the long and storied history of Mardi Gras. As recently as 2019, the Mystic Krewe of Nyx boasted nearly 3,000 members and was New Orleans’ largest all-female krewe. As the Krewe of Nyx grew, Julie Lea, the Krewe’s Captain, rode high and lived a lavish life – all on the backs of her Nyx “sisters.”

After she revealed herself as oblivious and insensitive to the ethnically diverse Krewe she purported to command, it turned out that Julie Lea had become, effectively, the Krewe’s income beneficiary. In this case, the Plaintiffs will show that Lea controlled the Krewe of Nyx for her personal benefit. Lea converted charitable funds donated to a Nyx sister whose house burned to the ground, she required Krewe members to pay her husband’s company, and tips intended for drivers disappeared—ostensibly into Lea’s pocket. She insisted so many transactions be in cash money. The Plaintiffs believe she engaged in racketeering, breach of contract, and unfair trade practices, which can only be compensated in the same: damages.”

Click here to read the complaint .

CONTACT: Suzy Montero, suzy@snw.law

SNW Wins Significant Public Access Claim Against Louisiana State University On Behalf Of USA Today And Samantha Brennan

Fri, 08 Jan 2021 05:14:09 GMT

SNW Attorneys Graham Williams and Scott Sternberg were successful in obtaining public records on behalf of USA Today and Samantha Brennan.

Read more about SNW’s win i n USA Today and The Advocate .

Seven Things You Need To Know About The New Stimulus

Sun, 27 Dec 2020 19:02:01 GMT

On December 27, 2020, the President signed a new stimulus package into law. In addition to a $600 payment to eligible individuals, the new stimulus package includes numerous relief programs and tax incentives for businesses. Notably, the stimulus package has modified and made additions to the Paycheck Protection Program. Here are seven highlights:

Forgivable Expenses. The definition of forgivable expenses has been expanded to now include covered property damage costs, covered supplier costs, and covered worker protection expenditures.

Potential Larger First PPP Loan. For those who have not yet gone through the forgiveness process, you may be able to amend your first loan to maximize your initial PPP loan.

Second Round of PPP loans. Businesses with 300 or fewer employees may apply for a second PPP loan. The business must meet the eligibility requirements and have experienced at least a 25% decrease in revenue over a quarter in 2020 as compared to the same quarter of 2019. The maximum second loan amount is $2,000,000.

Special Eligibility Requirements for Certain Industries. Special provisions and eligibility requirements exist for the Second Round of PPP Loans in certain industries such as hospitality and news organizations. We strongly recommend consulting with knowledgable professionals if your business operates in these special industries.

Increased PPP loan amounts for hospitality industry. Businesses whose NAICS code begins with 72 may apply for amounts equal to 3.5x average monthly payroll. Other businesses may apply for amounts at 2.5x average monthly payroll.

PPP expenses are now deductible. The new stimulus package clarifies that money and forgiveness received on PPP loans as well as EIDL advances is not taxable income. Additionally, the use of such funds shall not affect the deductibility of the expenses .

Net Operating Loss Carryback. Combined with the tax treatment of PPP, if you experienced a loss in 2020, 2019 or 2018 you may be able to amend your previous tax returns and carry that loss back. Consult with your tax professional to learn more.

For any assistance or questions regarding the COVID Stimulus, Paycheck Protection Program or other stimulus related items, please contact your tax preparer and attorney, or contact our firm for a free consultation at keith@snw.law or scott@snw.law . You can find our helpful COVID resources at our website www.snw.law.

Nine SNW Attorneys Featured As "Top Lawyers"

Mon, 02 Nov 2020 19:56:36 GMT

NEW ORLEANS – The November issue of New Orleans Magazine features nine Sternberg, Naccari & White attorneys on its annual “top lawyers” list.

SNW has been fortunate to have at least one lawyer featured on every top lawyers list since its formation in January 2017.

“We are thrilled to again have our lawyers featured on the New Orleans Magazine “Top Lawyers” List,” said SNW Partner Scott Sternberg. “Given that the votes are largely from our colleagues at other law firms, it is particularly an honor to be recognized.”

The SNW lawyers featured are:

Mervatt Eljaouhari Trusts and Estates

Michael Finkelstein: Commercial Litigation

Abid Hussain : Corporate Law and Intellectual Property Law

Carl Little : Real Estate Law

Joseph Marriott: Land Use and Zoning Law, Real Estate Law

M. Suzanne “Suzy” Montero : Personal Injury Litigation

Keith Naccari : Mergers and Acquisitions Law, Tax Law

Scott Sternberg : First Amendment Law

Clayton White : Corporate Law

For questions, contact Scott Sternberg at scott@snw.law or 504-324-2141.

SNW Named 2020 "Pro Bono Law Firm Of The Year"

Sun, 25 Oct 2020 19:37:06 GMT

Sternberg, Naccari & White, LLC was named the 2020 Pro Bono Law Firm of the Year by the Pro Bono Project , an organization that connects underserved people in the New Orleans area with legal services, often via private law firms.

The firm regularly volunteers its time to select cases, and encourages attorneys to accept pro bono cases each year that will assist in building their practice, honing their skills and doing good work in the Louisiana community.

“Our firm maintains a commitment to meaningful and impactful pro bono work. It’s always been important to each of our lawyers that we pay it forward,” said SNW Partner Scott Sternberg. “We are thrilled to be recognized by the Pro Bono Project, particularly considering how many gifted lawyers and law firms provided vital pro bono work this year.”

The firm will be honored at the Pro Bono Project’s volunteer appreciation event during national Pro Bono Week (October 25-31).

Sternberg, Naccari & White, LLC is a multifaceted tech-forward law firm with offices in New Orleans and Baton Rouge. The firm’s practice areas include business and commercial litigation, First Amendment and media, business counsel, family, tax, successions, personal injury, bankruptcy, real estate, intellectual property, and mergers and acquisitions.

Graham Williams Joins Sternberg, Naccari & White, LLC In New Orleans

Mon, 17 Aug 2020 19:58:04 GMT

NEW ORLEANS – The Louisiana law firm of Sternberg, Naccari & White, LLC is pleased to announce that Graham Williams has joined its business litigation practice.

Williams practices business litigation, with particular experience in commercial disputes and bankruptcy adversarial matters. He also serves as principal outside counsel for businesses, assisting in their general business, contract, and employment needs.

Williams was previously associated with a prominent New Orleans law firm. He graduated from the University of Virginia before obtaining his juris doctor at Tulane University.

“We are thrilled to welcome Graham to our team, his reputation is top-notch” said Scott Sternberg, SNW’s Managing Partner. “Adding one of New Orleans most prominent young litigators is just another testament to our commitment to Client service here at SNW.”

Williams, a native of New Orleans, is currently General Counsel and Secretary of the Young Leadership Council, and serves on their Board of Directors. In addition to the Young Leadership Council, Williams is active in the local legal community and has a passion for the study of wine.

Read more about Graham here . Graham can be reached at graham@snw.law or (504) 324-2141.

Sternberg, Naccari & White, LLC is a multifaceted boutique law firm with offices in New Orleans and Baton Rouge. The firm’s practice areas include business and commercial litigation, personal injury, First Amendment and media, business counsel, family, tax, successions, bankruptcy, real estate, trademarks and intellectual property, and mergers and acquisitions.

For more information, please contact Scott Sternberg at scott@snw.law or call 504-324-2141.

Firm Lawyers Share In "Louisiana Election Lawyers" Effort

Mon, 13 Jul 2020 20:04:43 GMT

NEW ORLEANS, SHREVEPORT and LAFAYETTE, La . – The law firm of Sternberg, Naccari & White, LLC is pleased to announce that its lawyers is collaborating with attorneys around the state to jointly promote election law compliance and practice in advance of the November 2020 elections.

The lawyers have come together to share expertise, resources, and years of know-how in this timely practice area of Election Law. They are not forming a new firm, required to share referrals or engage in any fee sharing.

“We’re joining together to share research, briefs, and statewide coverage of these important constitutional and access cases,” said Tom Arceneaux, of the Shreveport, La. Blanchard Walker law firm .

The group includes Jeffrey Coreil of the NeunerPate firm in Lafayette , Mr. Arceneaux and his partner William Bradford, Jr. , in Shreveport, and Scott Sternberg and Abid Hussain of Sternberg, Naccari & White, LLC in New Orleans and Baton Rouge.

“These are lawyers who know the election code and the case law well enough to try a case, argue an en banc appeal, and take Supreme Court writs within the span of 10 days,” said Sternberg. “That’s a tough ask, and it requires a group effort. Our group will be an invaluable sounding board and support system.”

With statewide coverage, the group will offer flat and hourly rates to candidates and their committees in the areas of election challenges, disqualification prosecution and defense, libel and privacy, and ethics questions.

More information and contact information can be found by clicking here or at louisianaelectionlawyers.com .

SNW Partner Ryan J. Richmond Obtains Confirmation Of Louisiana's First Subchaper V (Small Business) Bankruptcy Plan

Mon, 06 Jul 2020 20:05:31 GMT

Sternberg, Nacarri & White, LLC is pleased to announce that Partner Ryan J. Richmond has achieved a significant milestone in Louisiana bankruptcy plans: he has successfully obtained confirmation of Louisiana’s first Small Business Bankruptcy Plan of Reorganization under the new Subchapter V.

Richmond’s Client, A. P. B. Trucking, LLC d/b/a Batiste’s Trucking (APB)’s plan of reorganization received overwhelming support from voting creditors, and was confirmed without objection by the United States Bankruptcy Court for the Middle District of Louisiana.

Although Ryan has successfully confirmed reorganization plans before, APB’s plan is a bankruptcy law milestone, as it was the first plan of reorganization in the State of Louisiana confirmed under the new Small Business Reorganization Act of 2019 (SBRA). In fact, APB’s plan of reorganization is one of the first in the United States confirmed under the new act.

The SBRA was enacted with broad bipartisan support to make chapter 11 reorganizations more affordable and more efficient for small businesses. It created the new Subchapter V, which eliminates many of the cost and procedural barriers that previously plagued small business bankruptcy reorganizations.

About Ryan

Ryan recently joined Sternberg, Nacarri & White and leads the firm’s bankruptcy practice. Ryan has practiced bankruptcy law for almost 15 years, representing debtors, creditors and trustees in and out of bankruptcy. He is also one of the first subchapter V trustees in Louisiana. Ryan also represents small businesses with his unique brand of concierge lawyering, which offers retainer-based or flat-fee business counsel.

If you have questions about bankruptcy, including the SBRA, contact Ryan at (225) 412-3367 or ryan@snw.law .

White House Taps SNW Partner David Lacerte For Senior Advisor Position

Thu, 11 Jun 2020 20:13:21 GMT

SNW Partner David LaCerte has been appointed to a Senior Advisor post at the federal Office of Personnel Management (OPM), where he will work in policy and as a special counsel in the administration of the President.

OPM is a sprawling federal agency responsible for broad policy over 2.2 million federal employees. In his new role, LaCerte will be chiefly involved in crafting policy in workforce relations, collective bargaining, and employee accountability for the world’s largest policymaker in these areas.

“I’m excited to once again answer the call to serve,” said LaCerte. “The fine lawyers and even better people at SNW are hard to leave behind, even with a request to serve our great nation.”

LaCerte will be transitioning to Washington, D.C. and leaves SNW Partner Ryan Richmond as the head of SNW’s Baton Rouge operation.

“Dave LaCerte is a lifelong public servant, and we always knew in the back of our minds that he may be called to serve again,” said SNW Partner Clayton White. “We wish Dave the best of luck in Washington, and look forward to continuing to grow our Baton Rouge operation on top of the excellent work he has done there.”

Senate Passes The Paycheck Protection Flexibility Act; President Signs Into Law On June 5, 2020

Fri, 05 Jun 2020 06:04:24 GMT

On Wednesday, June 3, 2020, the Senate passed the Paycheck Protection Program Flexibility Act of 2020 (the ”Act”), which the President signed into law on June 5, 2020. This Act significantly changes the Paycheck Protection Program. Note, we expect additional regulations to modify or clarify aspects of this Act, as was the case with the PPP.

Here are some highlights of this new Act:

Maturity Date Extended to 5 Years . The maturity date of PPP loans has been extended from 2 years to 5 years for the remaining unforgiven balances. This extension should greatly ease the burden of repayment on entities that do not receive 100% forgiveness (“though all entities should, with proper planning and new requirements strive to obtain 100% forgiveness”). We hope to help our clients avoid potential cashflow catastrophes.

2. PPP Covered Period Extended. The PPP Covered Period has been changed from February 15, 2020 – June 30, 2020, to February 15, 2020 – December 31, 2020. Additionally, the covered period for forgiveness purposes has been extended from eight weeks from loan origination to the earlier of twenty-four weeks from loan origination or December 31, 2020. An election may be made to still use the original eight-week period. This extension can greatly help businesses who may now use the PPP funds over the extended period rather than rushing to spend it over eight weeks.

3. Forgiveness Determination Changed to Include Impact by Government Agency Proclamations. Businesses may avoid forgiveness reduction, due to the FTE comparison, if the business

“is able to document an inability to return to the same level of business activity as such business was operating at before February 15, 2020,

due to compliance with requirements established or guidance issued by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration during the period beginning on March 1, 2020, and ending December 31, 2020,

related to the maintenance of standards for sanitation, social distancing, or any other worker or customer safety requirement related to COVID–19.”

The addition of such factors in the determination of what is forgivable may allow businesses to avoid having to bring back unnecessary employees just to meet the previous FTE requirements of the PPP program. Again, we anticipate regulations to clarify levels and type of proof required to meet these new factors.

4. Lower Percentage Required for Payroll. PPP originally required at least 75% of the forgivable amount be spent on payroll. That minimum threshold is now 60%, leaving the remaining 40% to be spent on qualified expenses. Again, we strongly encourage you to work with attorneys to make sure you are correctly allocating expenses. Remember, you only one shot at getting your PPP loan forgiven, and there is no appeals process.

5. Loan Deferment Extended. Deferral on repayments of loans has been extended. Such payments are now deferred until forgiveness is determined, up to 10 months after the end of the applicable forgiveness Covered Period.

The Act provides numerous avenues for businesses to fully maximize the potential of the Paycheck Protection Program loans with proper preparation. At SNW, we have been on top of the PPP program since the beginning, and we can assist you with hitting this moving target. Contact SNW partner, Keith Naccari, at keith@snw.law , so that we can help you reassess and adjust your planning. You may be able to save significant amounts of money and increase your loan forgiveness under this new Act.

Baton Rouge-Based Richmond Law, LLC Merges Practice With SNW, Expanding Firm's Business Offerings And Adding A Bankruptcy Practice

Fri, 29 May 2020 20:36:10 GMT

NEW ORLEANS/BATON ROUGE – The law firm of Sternberg, Naccari & White, LLC is pleased to announce that Richmond Law, LLC, the practice of well-known Baton Rouge business and bankruptcy lawyer Ryan Richmond, has merged with the firm.

In the midst of our statewide stay-at-home order, the firm is committed to continue its aggressive expansion and preparation for the post-COVID-19 business climate. Ryan will now captain the firm’s bankruptcy practice and take a leading role with its business general counsel practice.

Ryan has significant experience in small business bankruptcies, business formation, business counsel, financial and start-up issues. As counsel to numerous small businesses throughout Louisiana, his experience will improve the firm’s offerings and expand its Baton Rouge business.

A former law clerk for the Middle District of Louisiana Bankruptcy Court, Ryan adds nearly 15 years of well-rounded bankruptcy experience to the firm. He served as lead counsel in two hotel bankruptcy cases, successfully obtaining confirmed plans of reorganization. Ryan also helped the trustee of a liquidating self-insurance fund for workers’ compensation recover more than $1 million for the benefit of creditors. Currently, Ryan is leading some of the very first subchapter V reorganization cases under the new Small Business Reorganization Act of 2019.

Richmond Law’s signature program, Concierge Legal , will continue with SNW. Under Concierge Lawyering, business clients pay a flat monthly rate and are not charged by the hour. SNW already has several clients with similar arrangements and plans to expand this alternative fee offering with the addition of Richmond.

“Ryan Richmond has built an enviable solo practice in just two years,” said SNW Partner Scott Sternberg. “He is an entrepreneur – which is our number one requirement for a potential lawyer — and his Concierge Legal program is an attractive offering. We are also thrilled that bankruptcy and reorganization are services we can now offer Baton Rouge and New Orleans.”

Watch Our Wednesday Webchat On Small Business Reorganization And Bankruptcy

Wed, 06 May 2020 20:21:48 GMT

New SNW.LAW Partner Ryan Richmond led a brief discussion on small business reorganization during our Wednesday Webchat this week.

Historically, small businesses have struggled to reorganize effectively and efficiently in a chapter 11 bankruptcy. Both debtors and creditors have wasted time and money in a process designed for multimillion dollar companies.

Last year, Congress enacted the Small Business Reorganization Act of 2019 (SBRA) to address these issues. The SBRA gives small businesses greater control over the reorganization process by eliminating unnecessary procedural burdens and costs.

Home Equity Lines of Credit May Provide Additional Liquidity for Businesses and Families

Mon, 20 Apr 2020 20:37:49 GMT

The SBA has announced they are unable to accept new applications for the Paycheck Protection Program based on current funding.

However, there is a large source of other potential emergency funding for businesses and families: their home equity.

For the first time in several decades, and as a consequence of the financial crises of 2008, Americans have been deleveraging their homes. Home mortgages, on average, now represent only about 33%–or one third–of the overall value of an average American home. The number of Home Equity Lines of Credit have decreased every year since 2009.

For those people looking to refinance an existing mortgage, or take out a home equity line of credit, new, lower interest rates make for an excellent time to do it. In March, the Federal Reserve dropped the interest rate to zero in response to COVID-19. The Fed cut its benchmark by a full percentage point to zero, the benchmark U.S interest rate is now in the range of 0 to .25 percent. Since the feds cut by a full percentage point, many banks did the same lowering prime from 4.25 to 3.25 percent. The result is that home equity lines of credit are now much more affordable for business owners and homeowners in general.

As we can see from recent SBA announcements, there is no guarantee that the large-scale government programs (PPP) will get money to Americans who need it most. However, a refinance of an existing mortgage or Home Equity Line of Credit could be a welcome lifeline to a family.

Federal Housing Finance Agency Multifamily Property Forbearance

Mon, 20 Apr 2020 05:57:34 GMT

The Federal Housing Finance Agency (FHFA) announced on March 23, 2020 that, in order to keep renters living in multifamily properties in their homes and to support multifamily property owners during the coronavirus national emergency, Fannie Mae and Freddie Mac (referred to as the Enterprises) will offer multifamily property owners mortgage forbearance with the condition that they suspend all evictions for renters unable to pay rent due to the impact of coronavirus.

Director Mark Calabria said “Renters should not have to worry about being evicted from their home, and property owners should not have to worry about losing their building, due to the coronavirus. The Enterprises want to ensure that these programs are implemented immediately so that property owners and renters experiencing hardship because of the coronavirus can get the assistance they need.”

Forbearance is available all for multifamily housing properties with an “Enterprise-backed performing multifamily mortgage” that is financially impacted by coronavirus WITH THE CONDITION THAT the eviction suspensions are in place for the entire duration of time that a property owner remains in forbearance.

Property owners should take note that this is a forbearance on the mortgage, not a forgiveness. Therefore, owners should plan for and prepare that when the crisis has passed, the forbearance amount will be owed, and it will be up to the owners to collect on any past due rents. This may cause a cash flow issue for the property owners at that time.

The multifamily mortgage forbearance and eviction suspension programs are the latest actions that FHFA has announced to ensure the Enterprises fulfill their missions during the coronavirus national emergency. Other actions include:

PPP For Sole Proprietors and Independent Contractors

Thu, 16 Apr 2020 20:34:04 GMT

Key Takeaway: Self-employed Individuals who file an IRS form 1040 Schedule C with or without employees can still apply for a forgivable loan accounting for their income.

Under the CARES Act, the Paycheck Protection Program (PPP) rolled out on April 3, 2020. PPP offered employers of small businesses an opportunity to get a loan during this COVID-19 crisis and have that loan forgiven if the funds were spent to protect employee paychecks. While the program guidelines were (somewhat) clear for employers with 500 or less employees, the regulations for sole proprietors and independent contractors were anything but.

As of April 14, 2020, the Small Business Administration has issued a new Interim Final Rule for the eligibility of PPP and loan forgiveness for sole proprietors and independent contractors who file an IRS form 1040 Schedule C. The rule specifically addresses the calculation of loan eligibility and loan forgiveness for these sole proprietors and independent contractors.

Self-employed individuals without employees who file an IRS form 1040 Schedule C can calculate their PPP loan amount as follows:

Take the annual net profit amount on the Schedule C for 2019 (even if not yet filed);
Cap that amount at $100,000.00;
Calculate the monthly average of that net profit amount; and
Multiply that average monthly net profit by 2.5; then
Add any outstanding EIDL amounts incurred between January 1 through April 3, 2020 for a total PPP loan amount.

Upon funding, the self-employed individual must spend the loan amount within eight weeks. When it comes time for loan forgiveness, the amounts of money spent on the following are factored into the forgiveness:

Replacement of lost income for the self-employed or independent contractor;
Mortgage interest;
Rent; and
Utilities.

Self-employed individuals with employees will use similar calculations with the addition of the other payroll costs.

At SNW.LAW, attorneys have stayed completely on top of the CARES Act and its daily changes, updates, and new regulations. We’re here to help you analyze your situation and help you navigate the CARES Act as it applies to you during this time of crisis.

If you’re self-employed, a sole proprietor, or an independent contractor, please contact Keith J. Naccari or Abid Hussain at SNW.LAW.

Paid Leave for Employees Expands Due to COVID-19

Mon, 13 Apr 2020 20:29:26 GMT

In response to the COVID-19 pandemic, the federal government has expanded mandatory paid leave for employees.

The Families First Coronavirus Response Act (“FFCRA”) covers employers with less than 500 employees. Employers must provide up to 12 weeks of paid leave in some cases. The law also provides refundable tax credits to businesses to offset these costs.

Eligible Employees

For employers with fewer than 500 employees, employees get two weeks of fully or partially paid sick leave for COVID-19 related reasons. If an employee has been employed for at least 30 days, they may be eligible for up to 10 weeks of partially paid leave to care for their minor child whose school or daycare is closed.

Scope of Required Benefits

Generally, employers covered under the Act must provide up to two weeks (80 hours or the part time employee’s two-week equivalent) at the employee’s full pay if:

The Illness or exposure requires that

the employee is under a quarantine or an isolation order,
has been advised by a healthcare provider to be quarantined, or
is experiencing coronavirus symptoms and needs a medical diagnosis.

Caretakers who cannot telework are eligible for 2/3 of their pay if their:

work absences are in order to care for a person under a quarantine or isolation order

work absences are to care for a child whose school or childcare has closed because of the coronavirus.

Employers must provide up to an additional ten (10) weeks at a two-thirds pay to employees who must care for their minor child if the child’s school or childcare is closed or unavailable because of a public health emergency. To get this 10-week benefit, employees must have been on the payroll for at least 30 days.

Tax Credits for Employers

The new law provides tax credits to employers that will offset the costs. The credits can be used to offset all federal income tax withholding from all employees (including those still working) and both the employer and employee portions of Social Security and Medicare taxes for all employees.

Enforcement

The U.S. Department of Labor’s Wage & Hour Division has the authority to investigate and enforce compliance with the FFCRA. Employers may not fire, discipline, or otherwise discriminate against an employee for lawfully taking sick leave or expanded family and medical leave under the FFCRA.

Planning is Essential

Many of the FFCRA’s provisions interact with the CARES Act, so consultation with a knowledgeable attorney and accountant is essential to properly plan and maximize your employee benefits.

If you are a business who needs guidance on compliance or an employee who needs advice related to COVID-19 paid leave.

A Business Succession Plan Is More Important than Ever

Tue, 07 Apr 2020 20:25:31 GMT

Business succession is an important topic in the best of times, but in the era of the novel coronavirus or COVID-19, when the future is uncertain, business succession becomes an even more important topic.

Why should you have a business succession plan in the event key leaders or officers are suddenly unavailable? A business succession plan ensures that the business owner, or their estate, will get an established value for his/her business interest, that an orderly transfer can take place, a timely settlement of a owners’ estate, and so that the entity that the owner has spent a good deal of his/her life building, can continue to thrive.

A business succession plan is often paired with a Continuity of Operations plan to ensure that institutional knowledge is strategically spread through the organization through proper planning, risk management, and resource allocation, to ensure operations can be maintained after the loss of a key executive.

Business succession comes in many forms. Some examples would be the sale of the business, or if there are partners, a buy-sell agreement among the partners. In professional services businesses, a common form of succession is a vesting into ownership of key employees and a subsequent buyout of the owner.

While there are an infinite number of ways to structure the succession, certain documents would be required in almost all cases. The documents and information required would include:

Articles
Bylaws or operating agreement
An accurate assessment of what the business is worth.
Business plan and table of organization

Depending on the succession strategy, the business may need:

Buy/Sell agreements
Employee vesting agreements
Insurance policies
Meeting minutes
Non-disclosure agreements
Employment agreements

The bottom line: business succession planning requires careful preparation. Business owners seeking a smooth and equitable transition of their interest should look to a competent, experienced advisor for assistance. Contact us at info@snw.law.

SNW Hosts Business Interruption Webinar– Watch a Recording!

Fri, 03 Apr 2020 04:14:57 GMT

Sternberg, Naccari & White, LLC gave a Business Interruption Webinar on April 1, 2020, for the benefit of clients and friends. SNW attorneys, Justin Alsterberg, Suzy Montero , and Michael Finkelstein gave a concise summary of the act and answered questions from numerous attendees across the United States.

SNW is a firm built for this , and our firm’s attorneys, working from around Louisiana while maintaining social distancing, can answer your questions and concerns about how the CARES Act and the COVID-19 crisis may affect your bottom line. Keep tabs on our COVID-19 page .

To see the Webinar, check out our Youtube Video:

SNW Hosts CARES Act Webinar–Watch a Recording!

Mon, 30 Mar 2020 20:18:52 GMT

Sternberg, Naccari & White, LLC gave a CARES Act Webinar on March 30, 2020 for the benefit of Clients and Friends. SNW Partner Keith Naccari gave a concise summary of the act and answered questions from numerous attendees across the United States.

To see the Webinar, check out our Youtube Video:

SNW to Host CARES Act Webinar Monday, March 30, 2020 at 1:30 p.m. for Firm Clients and Friends

Mon, 30 Mar 2020 20:15:16 GMT

The CARES act has passed the United States Senate, the United States House of Representatives, and now goes to President Trump for his signature.

When President Trump signs the bill, the process of evaluating its provisions — and how to take advantage of the business stimulus package — will begin at businesses across the country.

Sternberg, Naccari & White, LLC is pleased to provide an invitation-only webinar for its friends and clients on the CARES Act.

The webinar will be held Monday, March 30, 2020, at 1:30 p.m. CST.

Topics will include the proposed Paycheck Protection Program, Entrepreneurial Development, Loan Forgiveness, EIDL Grants, Subsidies for Loan Payments, Unemployment Benefits, Student Loans, Payroll Taxes, certain tax implications, and other additional protections and benefits that may be available.

Please RSVP to info@snw.law before 11 a.m. Monday, March 30, 2020! The Webinar will be recorded for those who would like to view it afterward.

SBA Releases PPP Forgiveness Application, Providing Guidance

Wed, 18 Mar 2020 06:06:06 GMT

The Small Business Administration has unveiled the Paycheck Protection Program Loan Forgiveness Application.

The application offers the first set of significant guidance regarding loan forgiveness under the program including expected documentation, changes to certain definitions, and processes for numerous calculations involved in the determination. Access to such information allows for a tremendous opportunity for proper planning to maximize loan forgiveness and should be done as early in the process as possible. Even if such planning has been done, plans should be reviewed and revised based on the new application.

Payroll
The application defines forgivable payroll as payroll either paid during the Covered Period or incurred during the Covered Period if paid in the next pay cycle. The Covered Period is the eight weeks (56 days) from the date of the PPP Loan Disbursement Date. Additionally, the SBA is allowing borrowers with a bi-weekly (or more frequent payroll) an Alternative Payroll Covered Period which would last eight weeks from the first payroll following the PPP Loan Disbursement Date for ease of administration.

By allowing borrowers to recognize paid or incurred payroll, the SBA is assisting businesses to avoid losing precious forgivable expenses that would result only as a function of the timing of payroll. Additionally, the election of an Alternative Payroll Covered Period should ease the burden of producing and calculating partial payroll reports for certain companies. Both of these guidelines can be powerful planning tools if implemented properly.

Reduction Based on Reduction in Number of Employees
One area of significant concern for most borrowers has been the definition of a Full Time Equivalent (FTE) for the calculation to determine the reduction of the forgivable amount based on a reduction of the number of employees. The application provides a clear definition of 40 hours as a FTE. Additionally, a simplified method is now allowable that assigns one (1) FTE for employees working 40 hours per week or more or 0.5 FTE for employees working less than 40 hours per week.

Though the clarity makes planning and budgeting more functional, the calculation still appears fairly cumbersome. Use of the simplified method may assist borrowers administratively but may pose a significant pitfall for those currently operating at reduced hours. Planning around this calculation remains critical to avoid significant reductions in forgivable amounts.

Conclusion
Now that information is available concerning the process and guidance governing loan forgiveness, all borrowers should begin discussing and reviewing their plans for their respective loans immediately to look for any glaring issues in obtaining loan forgiveness.

For more information or for assistance in calculating your PPP loan forgiveness, reach out to our PPP team leader Keith Naccari .

Distilleries And Breweries Lend A Hand To Covid-19 Recovery Through Hand Sanitizer Production

Sun, 01 Mar 2020 21:38:49 GMT

Distilleries and breweries across the country are chipping in to fight the spread of the novel coronavirus (COVID-19) by modifying their production to begin manufacturing and bottling alcohol based hand sanitizer.

While such efforts are greatly assisting in the supply shortages of critical sanitizing goods, could they run afoul of federal regulations?

On March 18, 2020, the Acting Administrator of the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued guidance in TTB G 2020-1, “Production of Hand Sanitizer to Address the COVID-19 Pandemic.” The administrator found that it is necessary or desirable to waive provisions of internal revenue law with regard to distilled spirits, and therefore provided certain exemptions and authorizations to distilled spirits permittees who wished to produce ethanol-based hand sanitizers to address the demands for such products during the emergency. As a result, any existing DSP therefore could immediately commence production of hand sanitizer or distilled spirits (ethanol) for use in hand sanitizer, with restrictions, without having to obtain authorization first. These measures are generally authorized under authorities that apply in disaster situations, and as a result, are initially approved through June 30, 2020, with the possibility for extension as necessary.

Distilleries, and even some breweries, have relied on this guidance from the TTP to immediately modify production to manufacture hand sanitizer with formulas previously approved by the World Health Organization, thus greatly assisting in the constrains in national demand for hand sanitizer product.

Unfortunately, the guidance issued by the TTB was not universally adopted by every federal agency and there have been recent reports of the Food and Drug Administration going after distillers who have stepped up to manufacture hand sanitizer products. The FDA argues that the WHO guidelines for production did not include denatonium benzoate or denatonium saccharide. This are bitterants used as aversive agents to prevent inappropriate ingestion.

The conflict remains without firm resolution. The contradiction between the position of these two federal agencies spotlights the need for comprehensive regulatory review when rolling out a modified product into the stream of commerce. Even the best of intentions in a constricted time frame needs a measured approach, especially in such highly regulatory industries.

Nine SNW Lawyers Recognized as “Top Lawyers”

Fri, 01 Nov 2019 20:03:06 GMT

Sternberg, Naccari & White, LLC is pleased to announce that nine of its lawyers were recognized as “Top Lawyers” in the November 2019 issue of New Orleans Magazine .

Mervatt Eljaouhari , who leads the firm’s Trusts and Estates practice, was named a “Top Lawyer” for Trusts and Estates. Mervatt’s practice focuses on business planning, formation, growth and exit strategies, as well as estates, trusts, and other vehicles for helping families and businesses protect their assets and plan for the future.

Michael Finkelstein , Suzy Montero and Scott Sternberg were named “Top Lawyers” for Personal Injury Law. The Firm prides itself on representing both Plaintiffs and Defendants in significant and complex personal injury work.

Joseph Marriott and Carl Little were named “Top Lawyers” for Real Estate Law. SNW’s real estate team is well known for its aggressive and inventive practice.

Abid Hussain was named “Top Lawyer” for Corporate Law for the fifth year in a row. Abid represents a variety of small and established businesses in New Orleans, Dallas, and across the US.

Scott Sternberg was again named one of only three “Top Lawyers” for his First Amendment law practice. Sternberg and the Firm represent numerous media companies and citizens in venues across Louisiana.

Clayton J. White and Keith Naccari were both named “Top Lawyers” for their Corporate Law practice. The Firm’s corporate, transactions, and mergers and acquisitions practice has grown significantly since its founding.

For more information, please contact Scott Sternberg at scott@snw.law or call 504-324-2141.

Suzy Montero Joins Sternberg, Naccari & White LLC

Wed, 12 Jun 2019 19:34:16 GMT

NEW ORLEANS – M. Suzanne “Suzy” Montero has joined the law firm of Sternberg, Naccari & White, LLC, bringing its team of attorneys to ten.

Suzy brings a wealth of experience to the SNW litigation group. She says her decisive manner grows from a career that has taught her to prepare for every deposition, hearing or mediation like the matter will be tried before a judge or jury.

At SNW, Suzy will continue her successful practice representing businesses and individuals in litigation throughout the state of Louisiana and other select jurisdictions. She will focus on complex litigation in the personal injury and business realm.

Learn more about Suzy here .

“Suzy Montero is feared and respected as a litigator and negotiator,” said SNW Partner Scott Sternberg. “She is a team player, results-oriented, and fits our firm ethos perfectly. We are thrilled to have her on our side, and I know our Clients are as well.”

Suzy Montero may be reached at suzy@snw.law or 504-308-1395.

Sternberg, Naccari & White LLC is a multifaceted boutique law firm with offices in New Orleans and Baton Rouge. The firm’s practice areas include business and commercial litigation, personal injury, First Amendment and media, business counsel, tax, successions, real estate and mergers and acquisitions.

For more information, please contact Scott Sternberg at scott@snw.law or call 504-324-2141.

Sternberg Sworn in as Chair of Louisiana State Bar Association Young Lawyers Division

Sun, 09 Jun 2019 18:53:29 GMT

SNW Partner Scott Sternberg was sworn in by Chief Justice Bernette Johnston as the chair of the Louisiana State Bar Association Young Lawyers Division on Thursday, June 6, 2019.

Sternberg will spend the year advocating for and representing the Young Lawyers of Louisiana at events and on the LSBA’s Board of Governors. Scott has previously served as Chair-Elect, Secretary, and District 1 (Orleans) Representative on the YLD Council. His term of office is for one year.

Tax Breaks For Saving Land: How The Conservation Easement Is A Win-Win For Landowners and Businesses

Thu, 21 Mar 2019 18:48:36 GMT

The firm of Sternberg, Naccari & White, LLC works with a variety of clients who own or invest in land as a real estate asset. The Firm is always looking for ways to ease our clients’ tax burdens. For landowners, family offices, and real estate investors, a conservation easement can create current liquidity in highly illiquid assets and reduce taxes – while also having the added benefit of preserving natural resources for future generations.

What is a Conservation Easement?

A conservation easement is a legally binding agreement that permanently restricts the development and future uses of real property (i.e., land) in order to protect the land from future commercial development. In most cases, the landowner donates the easement to a government or land trust while retaining title to the land. In return, the landowner is entitled to a tax deduction.

Why Did They Come About?

In the 1970’s and 1980’s, the government recognized that urban sprawl was impinging on vast natural land resources. Initially, the government responded through acquisitions and regulatory restrictions on land use. But these efforts became prohibitively invasive, costly and ineffective – thus, the introduction of the conservation easement.

In the 1980’s, local and state governments introduced the conservation easement and accompanying tax deduction. Since then, businesses and landowners alike have strategically used these laws to conserve real property while at the same time achieving favorable tax benefits.

Conservation purposes for which a conservation easement may be donated include the following:

The preservation of land for outdoor recreation or education for substantial and regular use for the public;
The protection of the natural habitat of fish, wildlife or plants;
The preservation of open space, including farmland and forestland, where such preservation is for the scenic enjoyment of the general public or is pursuant to a clearly delineated governmental conservation policy and will yield a significant public benefit; and
The preservation of historically important land or a certified historic structure.

Tax Benefits of the Conservation Easement

Once the easement is placed on the property, the value of the property is diminished as a result of the restrictions on allowable uses of the property. If the conservation easement satisfies the Internal Revenue Code requirements, the grantor of a conservation easement may receive a charitable income tax deduction (not a tax credit) for the difference in value of the property before the easement was granted compared to the value of the property after the granting of the conservation easement. Qualifications for income tax deductions are defined in Internal Revenue Code §170(h) (26 USC §170) and Treasury Regulations §1.170A-14 (26 CFR 1.170A-14).

Win – Win – Win

Conservation Easements are actually a triple win: 1) The public benefits from land conservation; 2) the landowner retains ownership of the land; and 3) the landowner gets a tax benefit.

Find Out More

If you’re interested in finding out how to utilize conservation easements in your business, contact SNW Partner Clayton J. White .

SNW Partner Keith Naccari's Decision to Donate a Kindney was an Easy One

Tue, 19 Mar 2019 18:39:47 GMT

SNW Founding Partner Keith Naccari’s nature is to help others — it’s something he said comes from his tight-knit family, who never think twice about lending a hand when it’s in their means to do so.

Last August, when Keith found out he had a family member in need of a new kidney, he didn’t think twice about offering his own. Keith was recognized in the August 2018 issue of Biz New Orleans for his generous act, which involved a temporary move to Jacksonville, Florida, for the surgery, and also put him in the hospital a few weeks after that, due to an infection that set in.

Keith, who is also a member of Louisiana’s Entrepreneur Organization, said it was critical that he had the support of SNW and his network at EO during the process.

“My law partners at Sternberg, Naccari & White, LLC were great through the whole experience as well,” he said. “I was physically out of the office for about a month and was away from clients for about a week. But they were very supportive through that whole process.”

“It was so helpful just going through that process and having my law partners and EO people to fall back on,” Naccari said.

For the whole story, check out Biz New Orleans’ article . And to learn more about Keith and his law practice, click here .

An Introduction To Owner Financing Your Property Sale

Wed, 20 Feb 2019 18:58:03 GMT

Our firm’s title attorney, Joseph Marriott , is often asked how a seller can finance the sale of their home or other immovable property to a proposed buyer. In Louisiana, there are two available options, the Credit Sale and the Bond for Deed, and it is important to know which one is best for your particular circumstances.

Credit Sale

A Credit Sale is a contract of sale where a seller simultaneously (1) transfers ownership of the property and (2) encumbers the property with a vendor’s lien (similar to a mortgage).

Bond for Deed

A Bond for Deed is a contract to sell property in which the purchase price is to be paid in installments to the seller and only after the agreed upon sum has been fully paid to the seller does the buyer receive title to the property.

Credit Sale or Bond for Deed?

To determine which process to use, a buyer and seller must look to the following issues:

Does the seller own the property out right? The initial and most important question is, whether the seller owns the property free and clear of any and all mortgages, encumbrances, liens and/or any other security interests against the property. If the answer is yes, then the seller may use either the credit sale or the bond for deed. If the answer is no, then the only option available to the seller is the bond for deed.
Additional Considerations . There are several other aspects to consider when choosing between a Credit Sale or a Bond for Deed. Below we provide a quick snapshot of the most important issues. However, these are not the only parameters one must consider, so it’s important to speak with an attorney before making a final decision.
Credit SaleBond for Deed Buyer Homestead ExemptionYesNoTitle TransfersYesNoForeclosureYesNoEvictionNoYesSeller has Mortgage on PropertyYesNo, seller retains titleInterest ChargedYesYesIRS – TaxationConsidered installment sales and will be treated as capital gains, avoiding ordinary income taxation.Escrow ServicesMay elect to useRequired to use by law

Questions? Contact Joseph Marriott for guidance.

SNW Lawyer Mervatt Eljaohari Featured in Biz New Orleans

Wed, 13 Feb 2019 18:55:43 GMT

SNW Lawyers are already making waves in 2019! Check out Biz New Orleans’ January 2019 issue , which features firm attorney Mervatt Eljaouhari. Merv’s practice focuses estates, trusts, and other vehicles for helping families and businesses protect their assets and plan for the future.

From the article:

[Mervatt] has practiced extensively in the area of estate planning and business law since 2013. She was named a Top Lawyer by New Orleans Magazine in the area of Trusts and Estates in 2017. As an attorney with the firm of Sternberg, Naccari and White, LLC, she continues to provide clients with legal services that enable them to protect their wealth and grow their businesses through the use of complex estate and business planning strategies.

A focal point of Merv’s practice is providing her clients with the highest level of professional assistance and responsiveness. Merv provides utmost focus and attention on each individual case matter, and maintains constant communication with every one of her clients.

Merv’s favorite part of representing families and small businesses is helping them to grow and prosper while guiding them through the process.

There’s still time to start 2019 off on the right foot. Contact Merv today to discuss your estate planning and wealth management needs.

34 National, International Media Organizations File Brief In Support Of SNW Appeal On Behalf Of The Advocate

Fri, 08 Feb 2019 18:53:49 GMT

An impressive group of media and open government entities from Louisiana and around the world, led by the Reporters Committee for the Freedom of the Press, have moved to file a brief amici curae in support of an appeal the firm is prosecuting on behalf of The Advocate.

Read the amici brief here .

The case involves an Advocate reporter’s attempt to unseal the amount of a settlement paid from public funds to the family of a man who allegedly shot himself while in police custody in Iberia Parish. The district court in Lafayette found that the privacy interest of the man’s minor child outweighed that of the public’s right to know the amount of the settlement. The Advocate appealed that ruling to the U.S. Fifth Circuit Court of Appeals and filed its brief in January.

Read the Brief SNW Filed on behalf of The Advocate: Advocate Brief – Bradley v. Ackal

The Firm is humbled by the support of our colleagues and proud to represent The Advocate and other organizations that fight for open, better and accountable government.

Addressing Workplace Harassment

Mon, 15 Oct 2018 17:44:17 GMT

Know Your Rights

Our firm is experienced in bringing claims and advising businesses on their rights and responsibilities with respect to sexual harassment and other workplace issues.

The Courts, the state and the federal government have all recognized that every individual should work in a workplace free of discrimination and harassment. In Louisiana, employers are legally prohibited from intentionally discriminating against any individual with respect to his or her compensation, or terms, conditions, or privileges of employment, because of the individual’s race, color, religion, sex, or national origin. This includes the right to be free from sexual harassment in the workplace. Whether you are an individual who believes you are being harassed or a business working to ensure best practices and a harassment-free environment, consultation with a knowledgeable attorney is essential.

Hostile Work Environment

The courts of Louisiana have held that employers and supervisors violate the anti-discrimination statute when their actions create a hostile work environment for an employee. A “hostile work environment” is created when a workplace is permeated with harassment consisting of verbal or physical conduct that has the effect of creating an intimidating, hostile, or offensive work environment.

Factors may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it reasonably interferes with an employee’s work performance.

To prevail in a hostile environment harassment claim, the plaintiff must assert and prove that: (1) he or she belonged to a protected group; (2) he or she was subject to unwelcome sexual harassment; (3) the harassment was based on sex; (4) the harassment affected a term, condition, or privilege of employment; and (5) the employer knew or should have known of the sexual harassment and failed to take proper remedial action.

Notably, Louisiana law requires that before a claim for hostile work environment is made, the potential Plaintiff must provide notice in writing thirty days prior to filing suit, and is required to make a good faith effort to resolve the dispute prior to initiating court action. La. Rev. Stat. § 23:303.

Prescription of Claims

Workplace harassment claims are subject to a prescriptive period of three hundred days. Thus, a suit must be filed, or a complaint filed with the EEOC, within three hundred days of the discriminatory conduct or the harassed employee can lose their ability to sue. But the passage of one year may not simply immunize your business or employer. In determining whether the one year has passed for certain claims, courts examine each of the alleged incidents of harassment to determine whether it constitutes a separate cause of action, with prescription running from the date of each separate incident; or whether, as is often the case in a hostile work environment claim, the entire course of harassment constitutes a single cause of action, with prescription running from the date of the last incident or abatement of the course of conduct.

These issues are extremely fact-specific. If you need to discuss sexual harassment, a hostile work environment, or best practices for ensuring a proper and efficient business environment, call Natalie Mitchell today for a free consultation.

snw-law

Title Insurance – A Risk Management Tool

When Is the Other Parent’s Consent Required for Step-Parent Adoption in Louisiana?

When Is the Other Parent’s Consent Required for Step-Parent Adoption in Louisiana?

Step-by-Step: How Step-Parent Adoption Works in Louisiana Courts

Step-Parent Adoption in Louisiana: A Practical Guide

Step-Parent Adoption in Louisiana: A Practical Guide

Step-Parent Adoption in Louisiana: A Practical Guide

Collaborative Divorce vs. Traditional Divorce: Cost and Outcome Comparison

Collaborative Divorce vs. Traditional Divorce: Cost and Outcome Comparison

Benefits of Collaborative Divorce for Families with Children

Amicable Divorce in Louisiana

Amicable Divorce in Louisiana

Amicable Divorce in Louisiana

Louisiana Special Needs Trusts for Adult Children with Disabilities

Louisiana Special Needs Trusts for Adult Children with Disabilities

FinCEN's Real Estate Reporting Rule Vacated: What You Need to Know

Construction Lien Property: What Every Buyer and Seller Needs to Know

Construction Lien Property: What Every Buyer and Seller Needs to Know

What Is Construction Lien Priority?

4 Common Ways Lien Priority Breaks Down at Closing

How It Disrupts the Closing Cycle

How to Resolve a Construction Lien Before Closing – Additional Work and Costs

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Testate vs. Intestate Successions in Louisiana: What’s the Difference?

Testate vs. Intestate Successions in Louisiana: What’s the Difference?

How Long Does a Succession Take in Louisiana?

How Long Does a Succession Take in Louisiana?

What to Do When a Tax Sale Only Gets You Part of the Property

What to Do When a Tax Sale Only Gets You Part of the Property

Who Inherits Your Property When You Die Without a Will in Louisiana?

Who Inherits Your Property When You Die Without a Will in Louisiana?

Estate Planning in Louisiana: Understanding Forced Heirs

Estate Planning in Louisiana: Understanding Forced Heirs

1. Children Under the Age of 24

2. Adult Children with Permanent Disabilities

Planning Considerations

When Employees Leave, Employers May Owe Vacation, Bonuses and Wages

Chelsea Cusimano : Accrued Vacation, Bonuses and Wages May All Be on the Table.

FinCEN's New Real Estate Reporting Rule Is Now in Effect — Here's What You Need to Know

FinCEN's New Real Estate Reporting Rule Is Now in Effect — Here's What You Need to Know

1. The Rule is Live — Nationwide

2. Why It Exists

3. A Permanent, Nationwide Replacement

4. The Three-Part Trigger

5. Private Financing Doesn't Exempt You

6. Covered Property Types

7. Who Must File

8. Limited Exemptions Apply

9. Filing Deadline

10. Act Now

How to Prepare for a Family Law Mediation Session

How to Prepare for a Family Law Mediation Session

1. Complete the Mediation Questionnaire Thoroughly and Honestly

2. Gather Financial Documents in Advance

Why Preparation Matters

Partitioning Co-Owned Property in Louisiana

Partitioning Co-Owned Property in Louisiana

The Right to Partition

Types of Partition

The Procedure

Costs and Reimbursement

Louisiana Evictions: Is Louisiana a Self-Help Eviction State?

Louisiana Evictions: Is Louisiana a Self-Help Eviction State?

What Is a Self-Help Eviction?

Louisiana Requires Court-Ordered Evictions

The Louisiana Eviction Process: A Simple Overview

The Louisiana Eviction Process: A Simple Overview

Step 1: Notice to Vacate

Step 2: Filing an Eviction (Rule for Possession)

Step 3: Eviction Hearing

Step 4: Judgment of Eviction

Step 5: Physical Eviction by Law Enforcement

How Long Does an Eviction Take?

Bottom Line

SNW and Johnston Burkhardt Launch Family Law Mediation Practice

SNW and Johnston Burkhardt Launch Divorce and Family Law Mediation Practice

Divorce mediation offers a fast, respectful, private, and more affordable alternative to courtroom litigation.

Why Johnston Became a Mediator

How Mediation Works at SNW