2021 Legal Trends & Insights for Business

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YOUR GUIDE TO NAVIGATING LEGAL + REGULATORY ISSUES IMPACTING BUSINESS Dale R. Baringer The Baringer Law Firm Brooke Barnett-Bernal Long Law Firm David Kerth Jones Walker Meg Bickford + Camille Bryant McGlinchey Stafford

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DO YOU KNOW HOW TO PROTECT YOUR TRADE SECRETS? KEEP THEM SECRET - AND BE PREPARED TO PROVE HOW YOU DID IT

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ouisiana adopted its version of the Uniform Trade Secrets Act in 1981.

It is found in La. R.S. 51:1431 et. seq. The Act defines a “Trade secret” as “information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (a) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use, and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” The Act gives the owner of the trade secret rights to sue to protect its rights through injunctive relief and through an action for damages for misappropriation of a trade secret.

The threshold inquiry is whether a legally protectable trade secret exists.

The second element is whether an express or implied contractual or confidential relationship existed between the parties which obligated the party receiving the secret not to use or disclose it. Finally, plaintiff must prove the party receiving the secret information wrongfully breached its duty of trust or confidence by disclosing or using the information to the injury of plaintiff. The burden of proof is on the plaintiff-trade secret owner.

Courts have held things like customer lists, price lists, chemical formulas, computer code/programs, manufacturing processes, customized data base software, machine/equipment designs and other similar information can constitute trade secrets if the owner can demonstrate that they have been maintained as trade secrets. At The Baringer Law Firm, we handle many business disputes that involve allegations of misappropriation of a trade secret. It is surprising how many of these cases are lost because the owner cannot demonstrate that the necessary measures were taken to maintain the secrecy of the information before a dispute arose.

TRADE SECRET OWNERS SHOULD STRIVE TO REQUIRE 1. Written confidentiality agreements with every employee noting that the company has trade secrets and outlining the company’s policy for protecting them.

2. Written personnel policy manuals identifying in generic terms trade secrets and outlining policies designed to assure every employee (with access or not) is aware of the policies.

3. Limited access by employees, contractors and the public to trade secrets (expressly limiting access to employees with a need to know).

4.Password protection for any electronic documents containing trade secrets.

5. Consider maintaining electronic copies of trade secret information and related documents on a computer that is not connected to the internet.

6. Office facilities protected by monitored security systems and superior lock and key systems to gain access.

7. Security video monitoring of the office facilities.

8. Regular reminders of the importance of maintaining secrecy.

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Dale R. Baringer

ABOUT THE AUTHOR Dale R. Baringer has more than 40 years of experience in the practice of law in the fields of tax law (planning, business transactions, dispute resolution and tax litigation), securities law, bankruptcy law, corporate law, business organizations, commercial and business litigation, mergers and acquisitions, construction law, life, accident and health insurance law, ERISA litigation, employment law and real estate law. He is certified as a specialist in the field of tax law by the Louisiana State Bar Association’s Board of Legal Specialization.

201 Saint Charles St. • Baton Rouge, LA 70802 225.383.9953 • baringerlawfirm.com

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THE INTERSECTION OF EQUITY AND WELLNESS IN THE WORKPLACE

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esearch has proven that programs geared toward creating a more equitable workplace culture lead to increased productivity, employee morale, and talent retention. Recent events ranging from the pandemic to racial justice and domestic terrorism have given rise to important discussions around equity and employee well-being—in particular, mental health. When equity and wellness come together, our workforce operates at its best.

Though often used interchangeably, equality and equity are different concepts. Equality simply means treating everyone the same way. Equity, on the other hand, requires that some individuals receive additional resources to allow them to be successful in their role.

This not a new concept in employment law. The Americans with Disabilities Act (ADA) employs the same logic: an employee with a disability receives an accommodation in order to perform their job. Equitable distribution of resources should be considered similarly.

Mag Bickford

WHAT DEFINES AN EQUITABLE ENVIRONMENT? Many conversations about equity have historically centered upon race and ethnicity; however, myriad factors contribute to a person’s identity and determine their needs as an employee including socioeconomic status, national origin, age, physical ability, and gender to name a few. For example, Covid-19 taught us that working parents or individuals with a medical condition may benefit from flexibility afforded by remote work or a non-traditional schedule. In an equitable environment, workers are empowered to “bring their authentic selves” to work.

This is where wellness comes into play. The pandemic has illustrated acutely that our previous trend of leaving wellness to an employee’s “personal time” is not sufficient. Many employers have begun to think more creatively about empowering workers to “bring their A-game” to work by supporting their overall wellbeing while fostering connection and camaraderie through “workplace wellness” programs that support healthy behavior and improve health outcomes, whether physical, mental, emotional, or financial.

The Equal Employment Opportunity Commission (EEOC) recently changed its historical position on wellness, which was to require wellness incentives to be “de minimis” or “trivial” in nature (such as a coffee mug). Now, the EEOC supports incentivizing wellness activities as a vehicle for affording employees fair work practices. In fact, the EEOC now holds that an employer may incentivize workers to receive COVID vaccinations (with non-coercive standards).

SOME WELLNESS ACTIVITIES EMPLOYERS MAY CONSIDER IMPLEMENTING INCLUDE: Providing regular wellness resources, whether educational (newsletters and other communications) or practical (counseling through an Employee Assistance Program) • Encouraging use of apps to track anything from mindfulness and meditation to movement or water consumption • Friendly competitions, such as a team step challenge • Interactive gatherings, such as virtual trivia or a monthly book club Shifts in workplace culture are not accomplished easily nor do they happen quickly.

However, employers who sincerely invest time and resources into their workforce will see success in improved productivity and retention.

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Camille Bryant

ABOUT THE AUTHORS Mag Bickford advises employers on best practices in the workplace and on drafting and implementing effective policies and procedures. She also represents businesses and management in labor and employment litigation. She is a Member (Partner) in McGlinchey’s New Orleans office and chairs the firm’s Labor and Employment practice.

Camille Bryant is a Member (Partner) in McGlinchey’s Labor and Employment practice group. Based in the firm’s New Orleans office, she guides employers through a wide range of employment law issues, whether through litigation or advice and counsel.

301 Main St., Ste. 1400 • Baton Rouge, LA 70801 225.383.9000 • mcglinchey.com

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EMOJIS AND THE LAW WHY THESE CARTOONISH SYMBOLS HAVE EVIDENTIARY VALUE

AND THE LAW: WHY THESE CARTOONISH EMOJIS AND THE LAW: WHY EMOJIS THESE CARTOONISH SYMBOLS SYMBOLS HAVE EVIDENTIARY VALUE HAVE EVIDENTIARY VALUE

Emojis are but a trend only in communication also in the law. With more than 3,500 Emojis are a trend not only in communication also not in the law.

With more thanbut 3,500 emojis available and approximately ninety-five percent emojis available and approximately ninety-five percent (95%) of the online population using(95%) them, of the online population using them, “emojis” are becoming the world’s fastestThe growing form of communication. The widespread use, “emojis” are becoming the world’s fastest growing form of communication. widespread use, undeniable charm and of emojis has alsoinled to their increased appearance in mojis are a trend only in communication also inhas the law.multifunctionality With undeniable charmnot and multifunctionality ofbutemojis also led to their increased appearance the courtroom, in bothhave criminal civil in cases. have been featured in cases involving the courtroom, both available criminaland andapproximately civil cases. ninety-five Emojis been and featured casesEmojis involving more than 3,500in emojis percent domestic disputes, threats of force and violence, witness intimidation, the sale of illicit goods, domestic disputes, threats EMOJIS of using forceAND andTHE violence, witness intimidation, the sale of illicit goods, LAW:are WHY THESE CARTOONISH (95%) of the online population them, “emojis” becoming the harassment, discrimination, defamation, and even contract negotiations. harassment, discrimination, defamation, and evenEVIDENTIARY contract negotiations.

SYMBOLS HAVE VALUE THE LAW:WHY WHYTHESE THESECARTOONISH CARTOONISH HE LAW: world’s fastest growing form of communication. The widespread use, LS HAVEEVIDENTIARY EVIDENTIARYVALUE VALUE S HAVE Emojis are a trend not only in also communication but also in theinject law. With more 3,500 They undeniable charmEmojis and multifunctionality ofclarify emojis has led to their increased Emojis provide context, clarify meaning, convey intent, and inject tone and emotion. They provide context, meaning, convey intent, and tone andthan emotion. emojis available and approximately ninety-five percent (95%) of the online population using them, communicationbut butalso alsoinappearance inthe thelaw. law.With With more than 3,500 nincommunication more than 3,500 in the courtroom, in both criminal and civil cases.

Emojis have been can replace entireform Simply (adding “winking” ), laughing ( ), or “smiley” ( ) face can replace entire words.

Simply a “winking” (words. ), laughing ),The orawidespread “smiley” ( ( ) face “emojis” are becoming theadding world’s fastest growing of communication. use, yninety-five ninety-fivepercent percent(95%) (95%)ofofthe theonline onlinepopulation populationusing usingthem, them, emoji could transform what appears to beinto aappearance serious orThis threatening statement into a joke. This is undeniable charm and multifunctionality of emojis has also led to their increased in featured in cases involving domestic disputes, threats of force and violence, witness emoji could transform what appears to be a serious or threatening statement a joke. is fastestgrowing growingform formofofcommunication. communication.The Thewidespread widespreaduse, use, astest theemojis courtroom, both criminal and civil cases.

Emojis haveevidentiary been featured in cartoonish cases involving precisely why emojis value and cannot be dismissed as mere cartoonish symbols. precisely why haveinharassment, evidentiary value and cannot behave dismissed as mere symbols. onality emojishas hasalso alsoled ledintimidation, theirincreased increased appearance ality ofofemojis tototheir inin goods, theappearance sale ofdomestic illicit discrimination, defamation, and disputes, threats of force and violence, witness intimidation, the sale of illicit goods, Rather, should be considered an integral vital part of any email, text or online ndcivil civilcases. cases. Emojis Emojishave havebeen beenfeatured featured cases involving inincases involving Rather, emojis shoulddiscrimination, be considered as an emojis integral and vital part of anyasemail, text orand online harassment, defamation, and even contract negotiations. even contract negotiations. eand andviolence, violence,witness witnessintimidation, intimidation,the the sale of illicit goods, sale of illicit goods, communication offered as evidence in the courtroom. communication offered as evidence in the courtroom. ation, andeven evencontract contractnegotiations. negotiations. ion, and Emojis provide context, clarify convey intent, and inject and Emojismeaning, provide context, clarify meaning, conveytone intent, and inject tone and emotion. They AND THE LAW: WHY THESE CARTOONISH emotion.

They can replace entire words.

Simply adding a “winking” ( ), laughcan replace entire words.

Simply adding a “winking” laughing ( standpoint, ), or “smiley” (isfrom ) facelack One problem with emojis, especially an evidentiary standpoint, is the lack of MBOLS HAVE EVIDENTIARY VALUE One problem with emojis, especially from an evidentiary the of rifymeaning, meaning,convey conveyintent, intent,and andinject injecttone toneand andemotion. emotion.

They fy They emoji could transform what appears to be aasserious or threatening statement into a joke.

This is emojis have multiple meanings, they are consensus to the meaning of each one.

Because ), or “smiley” ( ) face emoji could transform what appears to be a serious ing ( ddinga a“winking” “winking”( ( ), ),laughing laughing ( ),or or“smiley” “smiley”( as) face ding consensus toface the why meaning of each one. Because emojis have multiple meanings, they are precisely emojis have evidentiary value and cannot be dismissed as mere cartoonish symbols. ttoonly communication but also in the law.

With more than rs tobebeainaserious seriousororthreatening threatening statement intoastatement ajoke. joke.

This into This isis 3,500 susceptible tointegral misunderstanding misinterpretation.

Ascertaining the exact meaning of certain AND THE LAW: WHY THESE CARTOONISH susceptible to misunderstanding misinterpretation.

Ascertaining the of certain orstatement threatening into a joke.should This isbeand precisely why emojis have evidentiary Rather, emojis considered asEMOJIS an and vital part ofand any exact email, meaning text or online mately ninety-five percent (95%) of the online population using them, SYMBOLS HAVE EVIDENTIARY VALUE aryvalue valueand andcannot cannotbebedismissed dismissedasasmere merecartoonish cartoonishsymbols. symbols. ry emojis can be tricky.

For instance, a court awarded damages to a landlord who removed his communication offered as evidence in the courtroom. emojis can be tricky.

For instance, a court awarded damages to a landlord who removed his growing form of communication.

The Emojis are a trendRather, not only in communication butshould also in the law.be With more than 3,500 value and cannot beorwidespread dismissed as mere cartoonish symbols. emojis red anintegral integral andvital vitalpart part anyemail, email,text text oronline online use, dorld’s asasanfastest and ofofany emojis available and approximately ninety-five percent (95%) of the online population usingfrom them, apartment listing after receiving a text potential tenants containing the following series of unctionality of emojis has also led to their increased appearance in apartment listing after receiving a text from potential tenants containing the following series of “emojis” are becoming the world’s fastest growing form of communication. The widespread use, eininthe thecourtroom. courtroom. as an integral vitalproblem part of with any email, text or online undeniable charm and multifunctionality of an emojisevidentiary has also led to their increased appearance inis the lack of One emojis, especially fromcommunication standpoint, nal and civil cases. Emojisconsidered have beenemojis: featured in cases and involving emojis: the courtroom, in both criminal and civil cases. Emojis have been featured in cases involving consensus as to the meaning domestic of each one. emojis have multiple meanings, they are disputes, threats ofBecause force and violence, witness intimidation, the sale of illicit goods, force and from violence, witness intimidation, theissale illicit offered as evidence inoflack the courtroom. ,especially especially fromananevidentiary evidentiary standpoint, isthe the lack ofgoods, standpoint, of harassment, discrimination, defamation, and even contract negotiations. susceptible to misunderstanding and misinterpretation. Ascertaining the exact meaning of certain defamation, and even contract negotiations. achone. one. Because Becauseemojis emojishave havemultiple multiple meanings, they are especially from an evidentiary ch meanings, they are Emojis provide context, clarify meaning, convey intent, and inject tone and emotion. They One problem with emojis, is thetolack emojis can be tricky. For instance, a courtstandpoint, awarded damages a landlord who removed his can replace entire words. Simply adding a “winking” ( ), laughing ( ), or “smiley” ( ) face dmisinterpretation. misinterpretation.Ascertaining Ascertainingthe theexact exactmeaning meaningofofcertain certain Brooke Barnett-Bernal emoji a could transform what potential appears to be a serious or threatening statement intothe a joke.following This is apartment listing after receiving text from tenants containing series of xt, clarify meaning, convey intent, and inject tone and emotion.

They precisely why emojis have evidentiary value and cannot be dismissed as mere cartoonish symbols. of consensus as to the meaning of each one.

Because emojis have multiple meance, courtawarded awardeddamages damagestotoa alandlord landlordwho whoremoved removedhis his , a acourt Rather, emojis should be considered as an integral and vital part of any email, text or online emojis: mply adding a “winking” ( ), laughing ( ), or “smiley” ( ) face communication offered as evidence in the courtroom. textfrom frompotential potentialtenants tenantscontaining containing the following seriesto ext the following series ofofmisunderstanding and The found the potential tenants’ of theseand emojis “conveyed great optimism” and ings, they are susceptible misinterpretation.

Ascertaining Theacourt found usecourt of these emojis “conveyed greatuse optimism” appears to be a serious or threatening statement into joke. This is the potential tenants’ One problem with emojis, especially from an evidentiary standpoint, is the lack of consensus as to the meaning of each one.

Because emojisto haverent multiple meanings, they are “naturally led” to the landlord’s “great reliance” on their desire to rent THE the apartment.

While some tosymbols. the landlord’s “great reliance” on their desire the apartment.

While some identiary value and cannot bethe dismissed as mere cartoonish exact “naturally meaning ofled” certain emojis can be tricky.

For instance, a court awarded ABOUT AUTHOR susceptible to misunderstanding and misinterpretation. Ascertaining the exact meaning of certain emojis can be tricky. For emojis instance, a courtare awarded damages to a landlord who removed his nsidered as an integral and vital part of of the any above email, text or online of the above typically used toseries convey celebration or optimism, such as the Salsa Dancer, emojis are typically used to convey celebration or optimism, such as the Salsa Dancer, apartment listing after receiving a text from potential tenants containing the following of damages to a landlord who removed apartment listing afterusereceiving a text“conveyed from emojis: idence in the courtroom.

The courthis found the potential tenants’ of these emojis optimism” and Bottle with Popping Cork andWomen Smileygreat Face, others are Barnett-Bernal not. with Bunny EarsLaw emoji Bottle with Popping Cork and Smiley Face, others are not.

The with Bunny Ears emojiThe Women Brooke is a partner with Long Firm “naturally led” to the landlord’s “great reliance” on their desire to rent the apartment. While some potential tenants containing the following series of emojis: al tenants’ use of these emojis “conveyed great optimism” and tenants’ use of these emojis “conveyed great optimism” and could denote fun, festive, and friendly sentiments but it could also symbolize adult entertainment. denote festive, and friendly sentiments but it could also symbolize adult entertainment. in Baton Rouge, where she concentrates her practice in mojis, especially from an evidentiarycould standpoint, isoffun, the lack of the above emojis are typically used to found convey celebration or emojis optimism, such as the Salsa Dancer, The court the potential tenants’ use of these “conveyed great optimism” and reliance” their desire rent theapartment. apartment.

While some atof reliance” onontheir desire totorent the While some The court found the potential tenants’ useand ofThe these emojis “conveyed great Peace Sign might victory and the Comet may symbolize “a new beginning.”

But what “naturally led” toFace, the landlord’s “great reliance” on mean their The desire toWomen rent the apartment.

While some great each one.

Because emojis have multiple meanings, they The Peace Sign might mean victory and the Comet may symbolize “a new beginning.”

But what Bottle witharePopping Cork Smiley others are not. with Bunny Ears emoji the areas of professional liability defense, design and of the above emojis are typically used to convey celebration or optimism, such as the Salsa Dancer, edtotoand convey celebrationororoptimism, optimism,such such theSalsa SalsaDancer, Dancer, ding convey celebration asasthe misinterpretation.

Ascertaining the exact of denote certain Bottle with reliance” Popping Cork and Smiley Face,itothers are not.also The to Women with Bunny Ears emoji could fun,landlord’s festive, and“great friendly sentiments could symbolize adult entertainment. about the Chipmunk?

When viewed in context, thetoChipmunk emoji does not appear to have a optimism” and “naturally led” to the onbut their desire about themeaning Chipmunk? context, the Chipmunk emoji does not appear havelaw, a business fun, festive, and friendly sentiments but it could also symbolize adult entertainment. leyFace, Face,others are not.The The Women Bunny Ears emoji his When viewedcouldindenote ey not.

Women Bunny Ears emoji construction litigation, business transactions nstance, aothers courtare awarded damages towith awith landlord who removed The Peace Sign might mean victory and the Comet symbolize beginning.”

But what The Peace Sign might mean victory andmay the Comet may symbolize “a“a newnew beginning.”

But what single obvious meaning. single obvious meaning. dly sentiments but couldalso also symbolize adult entertainment. y sentiments but it itcould symbolize adult entertainment. rent the apartment.

While some emojis typically convey about the are Chipmunk?

When viewed used in context,to the Chipmunk emoji does not appear to have a ing a text from potential tenants containing the following ofof the above aboutseries the Chipmunk?

When viewed context, the Chipmunk emoji does not appear toand haveinsurance a defense.

Her clients include accountants, single obvious in meaning. yand andthe theComet Cometmay maysymbolize symbolize“a“anew newbeginning.” beginning.”But Butwhat what single obvious celebration or optimism, such as themeaning.

Salsa Dancer, Bottle withalsoPopping Cork and The above example illustrates the dangers in allowing a judge (or jury) to presume the architects, engineers, surveyors, small business context,the theChipmunk Chipmunkemoji emojidoes doesnot notappear appeartotohave havea a dedinincontext, meaning of certain emojis, as well as the in sender’s intent in using them, thus, how important itthe dangers The above example also illustrates in allowing a judge (or attorneys, jury) to presume the The above example also illustrates the dangers allowing a andjudge (or jury) to presume the is to present evidence of their intent/meaning to the court.

Smiley Face, others are not. The Women with Bunny Ears emoji could denote fun, owners, condominium associations, government agencies The above example also illustrates the dangers in allowing a judge (or jury) to presume the meaning of certain emojis, as well as the sender’s intent in using them, and thus, how important it meaning of certain emojis, as well as theAs sender’s intent in using them, andacross thus, how important it the use of emojis becomes more widespread, their appearance in courtrooms the country will continue toadult rapidly rise.entertainment.

The challenge that new them, emojis are created a lightening meaning ofbut certain emojis, as is well as the sender’s intent inofisusing and atthus, how important it festive, and friendly sentiments it could also symbolize The and insurance companies.

Brooke teaches a course in trial to present evidence their intent/meaning to the court. ustrates thedangers dangersininallowing allowinga ajudge judge(or(or jury) presume the trates the totopresume the isjury) to present evidence of their intent/meaning to the court. and courts will struggle to keep up with the meanings of each emoji. Stay tuned. is to present evidence of their rate intent/meaning to the court. otential tenants’ useinof these emojis “conveyed great optimism” thesender’s sender’s intent inusing usingPeace them,and and thus, how important sas the intent them, thus, how important it it and Sign might mean victory and the Comet may Asymbolize “a new advocacy and evidence at the LSU Law Center and is a special thanks to Michael Patterson,beginning.” my partner and mentor, who contributed to the information contained in this article. d’s “great to reliance” on their desire to rent the apartment. While some t/meaning tothe thecourt. court. meaning As the use of emojis becomes more widespread, their in courtrooms theShe As the use of emojis becomes more widespread, their appearance in courtrooms across the speaker frequent on topics involving trial andacross evidence.

As the use of emojis becomes more widespread, their appearance in courtrooms across theappearance But what about the Chipmunk?

When viewed in context, the Chipmunk emoji does ally used to convey celebration or optimism, such as the Salsa Dancer, country willto continue to rapidly rise. challenge The challenge isthat that new emojis areare created at a lightening country will continue to rapidly rise.

The challenge is that new emojis are created at a lightening country will continue rapidly rise.

The is new emojis created at a lightening d Smiley Face, others are not.

The Women with Bunny Ears emoji holds an AV Preeminent Rating with Martindale-Hubbell. morewidespread, widespread,their theirappearance appearance courtrooms across the sesmore inincourtrooms the not appear to have aacross single obvious meaning. rate and courts will struggle torate keepand up with the meanings of eachto emoji. tuned. de.friendly sentiments butnew it could also symbolize adult entertainment.

Thechallenge challenge that new emojis are created alightening lightening The isisthat emojis are created atat acourts courts will struggle keepStay upStay withtuned. the meanings of emoji.

Stayintuned. rate and will strugglethe to dangers keep upinwith the meanings ofjury) eachtoemoji.

Sheeach is also proficient Spanish.

The above example also illustrates allowing a judge (or victory and Cometof may symbolize “a new beginning.” But what pupupwith with thethe meanings ofeach each emoji.Stay Stay tuned. the meanings emoji. tuned.

A special thanks to Michael Patterson, my partner and mentor, who contributed to the viewed in context, the Chipmunk emoji does not appear to have a presume the meaning of certain emojis, as well as the sender’s intent in using them, A special thanksand to Michael my partner information contained in this article.

A special thanks to Michael Patterson, my partner mentor, Patterson, who contributed to theand mentor, who contributed to the elPatterson, Patterson,my mypartner partnerand andand mentor, who contributed mentor, who contributed totothe thus, how important itthe is to present evidence of their intent/meaning to the information contained in this article.information contained in this article. e. so illustrates the dangers in allowing court. a judge (or jury) to presume the well as the sender’s intent in using them, and thus, how important it As the use of emojis becomes more widespread, their appearance in courtrooms r intent/meaning to the court. across the country will continue to rapidly rise. The challenge is that new emojis are becomes more widespread, their appearance in courtrooms across the created at a are lightening and courts will struggle to keep up with the meanings of dly rise. The challenge is that new emojis created atrate a lightening o keep up with the meaningseach of each emoji.

Staytuned. tuned. emoji.

Stay 1800 City Farm Drive, Building 6 • Baton Rouge, Louisiana A special thanks to Michael Patterson, my partner and mentor, who contributed to the Michael Patterson, my partner and mentor, who contributed to the 225.922.5110 • longlaw.com information contained in this article. article.

E

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LANDLORDS’ AND TENANTS’ CONTINUED CONCERNS WITH THE EVICTION MORATORIUMS

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ederal, state, and local moratoriums on evictions were established early in the COVID-19 pandemic. Although the primary focus of these initiatives was to protect individuals and families from losing their homes during the crisis because of financial pressures caused by the economic downturn, some Louisiana courts applied the moratoriums to commercial leases too.

Even while these moratoriums were in place, tenants did not have carte blanche to evade responsibilities established in their leases. Although they could not be evicted because of their failure to pay rent (and will remain responsible for payment of such overdue rent), in Louisiana, tenants could be evicted for other violations of their leases and for remaining on the property after a lease has expired.

Now, as more and more people are receiving COVID-19 vaccines, businesses are rebounding, and the nation is moving into a new — and perhaps protracted — phase of pandemic management, many of these moratoriums are expiring. For Louisiana landlords and tenants, the situation remains somewhat fluid and many are left asking, “What does this mean for me?”

On August 26, 2021, the U.S. Supreme Court effectively ended the eviction moratorium established by the U.S. Centers for Disease Control and Prevention, stating that the agency had exceeded its authority. Several states and municipalities responded almost immediately, passing legislation or issuing executive orders extending tenant protections for residential leases, and sometimes commercial leases, through the end of 2021.

In Louisiana, neither the Legislature nor Gov. John Bel Edwards took similar action. But in early September in response to Hurricane Ida, the governor issued a proclamation pausing all legal deadlines in the state until September 24, 2021 — effectively halting eviction proceedings until after that date.

Furthermore, on September 21, 2021, the Keeping Renters Safe Act, intended to give federal agencies new powers to reinstate the federal eviction moratorium, was introduced in the U.S. House of Representatives. The legislation faces debate in Congress.

Separately, the federal government’s Emergency Rental Assistance Program has struggled to disburse billions of dollars in pandemic rent relief. By the end of July 2021, less than 11% of the $46.5 billion allocated had been distributed to tenants and landlords.

Although these funds may be too little, too late for many, applications are still being accepted and may provide a temporary stopgap. Most Louisiana landlords and tenants can apply for the state program at www.lastaterent.com. But in some parishes, including East Baton Rouge, applications must be submitted directly to the parish.

David Kerth

ABOUT THE AUTHOR David Kerth is a partner in the Litigation Practice Group at Jones Walker, where he represents clients in a broad range of commercial disputes. David has litigated commercial lease, real property, construction, bankruptcy, intellectual property, foreclosure/loan workout, and sales disputes.

He has represented clients in federal and state trial and appellate courts across Louisiana. In addition, David has presented frequently at landlord-tenant law seminars presented by Sterling Education Services and by Lorman Education Services. David was recognized as Forty Under 40 in 2011 and is a member of the 2015 Baton Rouge Area Chamber Leadership class.

WHAT DOES ALL THIS MEAN FOR LOUISIANA LANDLORDS AND TENANTS? As of now, landlords in Louisiana can move forward with evictions based on a tenant’s failure to pay rent. But all parties should keep an eye on potential federal and state legislation, and additional proclamations by the governor, during what is likely to remain a highly fluid situation.

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445 North Boulevard, Ste. 800 • Baton Rouge, LA 70802 225.248.2000 • joneswalker.com

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