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Latest Articles
| Assignment of Accounts Receivable – Trap for the Unwary |
By Steven A. Jacobson Most account debtors know that once they receive a notice of assignment of accounts receivable, they are obligated to commence payments to the factoring company. Continued payments to the assignee do not relieve the account debtor from its obligation to pay the factoring company. It is not uncommon for a notice of assignment of accounts receivable to contain seemingly innocuous and boilerplate language along the following lines: Typically, the notice of assignment of accounts receivable is directed to an accounting department and is signed, acknowledged and returned to the factoring company without consideration of the waiver of defenses languages. Even though a party may have a valid defense to payment to its assignee, it still must pay the face amount of the receivable to the factoring company if it has signed a waiver. In many cases, this will result in a party paying twice – once to the factoring company and once to have, for example, shoddy workmanship repaired or defective goods replaced. Despite the harsh result caused by an oftentimes inadvertent waiver agreement, the Uniform Commercial Code validates these provisions with limited exception. Accordingly, some procedures should be put in place to require a review of any notice of assignment of accounts receivable to make sure that an account debtor preserves its rights and defenses.
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| Six Factors to Consider When Choosing A Mediator |
By Shannon H. Huber
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| Worker’s Compensation Insurance – A Necessity |
By Susan F. Clade In economic times such as these, many employers find their need for workers in a state of flux. As a result, employers sometimes resort to hiring temporary and/or out-of-state workers who may or may not have the requisite training, skills and experience. Under Louisiana law, it is essential that employers have worker’s compensation insurance in place to cover any job-related injuries or illnesses suffered by their workers, whether permanent or temporary, full-time or part-time. In Louisiana an employer may purchase such insurance from an insurer or it may be self-insured, which requires proof of the employer’s financial ability to pay benefits as well as state certification. Without worker’s compensation insurance, an employer can be sued by an injured employee in tort for damages which can significantly exceed the amounts the worker would be entitled to in worker’s compensation benefits. Worker’s compensation insurance limits an injured employee’s recovery and, therefore, protects both the employer and the employee. The failure of an employer to provide such insurance is punishable by civil and/or criminal penalties, including fines and/or imprisonment up to one year. The penalties may be imposed by the Office of Worker’s Compensation (“OWC”) on employers and on individuals who aid and abet employers who wilfully misrepresent that they are in compliance with the statute. An employer “who fails to secure” worker’s compensation insurance – regardless of the reason – “shall be liable” for a civil penalty up to $250 per employee for a first offense and up to $500 per worker for a subsequent offense. [La. R.S. 23:1170(A)]. Such an employer may also be investigated by the OWC, which could result in the discovery of additional violations. The OWC may also seek injunctive relief against an employer with prior offenses to prohibit it from continuing to operate until proof of insurance is provided and all fines are paid in full. La. R.S. 23:1171.1. An employer who “wilfully” – i.e., intentionally or through gross negligence – fails to provide insurance is subject to criminal penalties, including a fine of $250 per day and/or imprisonment for up to one year, or both. Any “person” who “knowingly” makes false or misleading statements or omits/conceals material information “for the purpose of” obtaining compensation coverage or avoiding or delaying payment of compensation premiums may also be subjected to the statutory criminal penalties. La. R.S. 23:1172.2. Lastly, a “knowing” failure to provide insurance together with a failure to pay an OWC “final judgment” for compensation benefits allows the employee to sue the employer in tort for “legal damages.” La. R.S. 23:1032.1. If the employee obtains a judgment in the tort suit as well, he may collect only one of the judgments but is entitled to choose the greater of the two. Although the employer does not have to pay double damages, a second legal action could result in the employer’s incurring substantial attorney’s fees and costs. Thus, an employer operating in Louisiana must obtain worker’s compensation insurance or State certification of its self-insured status. Failure to do so can result in an employer’s being subjected to a tort suit and/or adversely affect the employer’s financial condition, good will and reputation, and its very ability to continue to conduct business. |
Latest Attorney News
| Simon, Peragine Attorneys named in St. Charles Avenue Super Lawyers Top Louisiana Attorneys List |
Congratulations to Jay Kern , Denise Puente & Bruce Shreves for being named in the St. Charles Avenue Super Lawyers Top Louisiana Attorneys Annual List for the following:
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| David Bienvenu presented at the 7th World City Bar Leaders Conference in Montreal, Canada |
David Bienvenu recently presented at the 7th World City Bar Leaders Conference in Montreal, Canada on the involvement of lawyers in disaster relief efforts. His co-panelists were Eiji Yamahara of the International Committee of the Tokyo Bar Association and Christiane Feral-Schuhl, President Elect of the Bar of Paris. |
| Louisiana State Bar Association presents the David A. Hamilton Lifetime Achievement Award to David Bienvenu |
The Louisiana State Bar Association recently presented the David A. Hamilton 2011 Lifetime Achievement Award to SPSR partner David F. Bienvenu. The Award recognizes a Louisiana attorney who demonstrates a commitment to the provision of legal services to the poor, has made significant contributions to enhance the pro bono movement in Louisiana over their lifetime, and has shown significant leadership and service on behalf of the poor and disenfranchised. The Award was presented at a ceremony at the Louisiana Supreme Court. |
Latest Firm News
| Susan Henderson Montgomery v. Administrators of the Tulane Educational Fund |
The Louisiana Supreme Court recently denied writs in Susan Henderson Montgomery versus Administrators of the Tulane Educational Fund, thereby confirming the closure of the H. Sophie Memorial Newcomb College. It was an honor and a privilege for our firm to represent Mrs. Montgomery, and all those interested in preserving Newcomb College, in this case.
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| Simon, Peragine "Super Lawyers" 2011 |
The Louisiana Super Lawyers 2011 list includes H. Bruce Shreves in the overall top 10. Denise C. Puente is listed in the top 25 Louisiana women attorneys and Jay H. Kern is listed under New Orleans Construction/ Surety lawyers.
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| Simon Peragine named U.S. News & World Report "Best Law Firm" |
We are proud to announce that Simon, Peragine Smith & Redfearn was named in U.S. News & World Report’s as one of the best “Best Law Firms”. |


