S P E C I A L A DV E R T I S I N G S E CT I O N
YOUR GUIDE TO NAVIGATING LEGAL + REGULATORY ISSUES IMPACTING BUSINESS
Franz Borghardt Borghardt Law Firm Charles A. Landry Fishman Haygood LLP Andy Lee Jones Walker LLP
LEGAL TRENDS + INSIGHTS FOR BUSINESS
Lewis O. Unglesby Unglesby Law Firm
Get the guide online at businessreport.com/legaltrends
Daily-Report.com | BUSINESS REPORT, October 22, 2019
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LEGAL TRENDS + INSIGHTS FOR BUSINESS
SPECIAL ADVERTISING SECTION
CALIFORNIA’S NEW CONSUMER PRIVACY LAW GOES INTO EFFECT JANUARY 1 WHY SHOULD YOU CARE?
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tidal wave is coming, but not from the Gulf of Mexico. A new California law will soon wash over businesses throughout the country, including many in Louisiana. The California Consumer Privacy Act (CCPA), the most consequential privacy legislation the U.S. has seen, goes into effect in less than 75 days. Why should you care? Because it could significantly impact many Louisiana businesses. The CCPA creates expansive new consumer rights for California residents, including the right to demand that company-held personal data be shared with them or deleted. A business has 45 days to respond to a CCPA “data subject request” or face an enforcement action and possible fines levied by California’s attorney general. The law also grants consumers the right to seek statutory damages for certain types of data breaches. Many predict that this new private right of action will stimulate a lawsuit deluge. The CCPA applies to any for-profit business that handles “personal information” of California residents, B2C contacts, or has California-based employees, and that meets one of the following thresholds: (a) has annual gross revenues of more than $25 million; (b) receives or shares the personal information of at least 50,000 consumers, devices, or “households” (an undefined term); or (c) derives 50% or more of its annual revenue from consumer data sales. While the first trigger would exclude many small and mid-sized businesses, a Louisiana company could meet the second threshold if its website attracts only 140 California-based unique visitors per day. Meanwhile, every emerging company may find that the CCPA applies if its business depends on web commerce. Also, companies that are third-party vendors to California-based businesses will be receiving requests from those customers that do business in California to show that their processing of personal information does not undermine the customers’ CCPA compliance. For now, any Louisiana company whose business (including web commerce) touches California consumers should take time to determine whether the CCPA affects it—and how to comply as the January 1, 2020, effective date rapidly approaches. Compliance steps include updating (or creating) privacy policies, preparing a protocol for responding to data subject requests (including becoming familiar with exceptions based on statutory exclusions), and identifying service providers to assess their compliance. If you determine that California consumer data is being sold, shared, or transferred (under the statute’s broad statutory definition of that term), your business is in the crosshairs. A final reason Louisiana companies should take notice is that the CCPA is likely a harbinger of things to come, as several states’ legislatures are considering similar consumer privacy measures. On the federal level, privacy legislation is a regular topic of discussion, and many think it will be modeled on California’s law. So even if your business manages to avoid this tidal wave from the West, the next one may deliver a soaking.
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BUSINESS REPORT, October 22, 2019 | BusinessReport.com
Andy Lee
ABOUT THE AUTHOR Andy Lee is a partner at Jones Walker and serves as the co-chair of the firm’s data privacy and security team. He regularly advises clients regarding data privacy and cybersecurity, records retention policies, electronic discovery, and related issues. He helps develop, implement and enforce policies and procedures to ensure defensible, repeatable and efficient processes and programs to safeguard the security of sensitive corporate data and to speed recovery after cyber intrusions. He also represents parties in litigation involving privacy and cybersecurity as well as in other commercial disputes at the trial and appellate levels.
8555 United Plaza Blvd. • Baton Rouge, LA 70809 504.582.8000 • joneswalker.com
LEGAL TRENDS + INSIGHTS FOR BUSINESS
SPECIAL ADVERTISING SECTION
CHILDREN AND TECHNOLOGY THE POWER OF YOUR CHILD’S FUTURE IN THE PALM OF THEIR HANDS
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eing successful in business involves three things: long hours, travel, and home-life balance. In today’s world, it also means hyper vigilance of how our children use technology. Cell phones are super computers that allow us to keep tabs on our loved ones, but can also give our children access to a virtual quagmire of potential criminal trouble. Whether it is innocent distribution of nude photos or videos, cyberbullying, texting while driving, or catfishing—technology requires constant awareness of how and when your children are online. What’s the solution? Parental controls? Limitations on internet access? The fear of God? These are certainly viable short-term solutions, but perhaps the best one is having tough conversations about the power of these devices. The wrong text, video, or social media post can derail a child’s life. It can also expose them to becoming the victim of predators. If you are going to give a child access to these devices, one that can literally shape their future in the palm of their hands, it has to be paired with parental responsibility and education.
AREAS TO WATCH • • • • • • • • • •
Classroom apps that allow peer-to-peer or peer-to-teacher sharing of photos, texts and videos Dating apps—swiping left or right is a huge red flag Social media apps and friend lists (including Messenger). Be mindful of “extra” profiles registered to the child’s app Snapchat or apps that promote encrypted communication or advertise deletion of messages (nothing is ever completely deleted) Forum communication apps that allow large group communication Browser search histories Banking apps and financial activity you install and use on your mobile devices Fake profiles that your child may be using Video gaming apps and consoles that allow private messaging Home entertainment devices that access the internet
Franz Borghardt
ABOUT THE AUTHOR Franz Borghardt owns the Borghardt Law Firm and practices criminal defense in federal, state and municipal courts. He is a graduate of the National Criminal Defense College and the Trial Lawyers College. He is immediate past president of the La. Association of Criminal Defense Lawyers, has been selected multiple times to Super Lawyers Rising Stars, and has been named a 2020 Louisiana Super Lawyer. He is also Martindale Hubbell AV rated. He has taught seminars and published articles on criminal law topics, cell phone search and seizure, jury selection, and social media. He previously taught criminal litigation at the Paul M. Hebert LSU Law Center.
MONITORING If you give your child a mobile device that has access to the internet, whether a phone, laptop, or tablet, then you should strongly consider monitoring technology or software that allows location tracking, usage, and calls and messaging. These security mechanisms are not expensive, but are highly effective in monitoring your child’s usage.
301 St. Ferdinand St. • Baton Rouge, LA 70802 225.831.1465 • borghardtlawfirm.com
Daily-Report.com | BUSINESS REPORT, October 22, 2019
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LEGAL TRENDS + INSIGHTS FOR BUSINESS
SPECIAL ADVERTISING SECTION
FILLING THE GAP ECONOMIC DEVELOPMENT DISTRICTS FUEL LONG-TERM GROWTH IN LOUISIANA
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ouisiana is one of the nation’s most attractive locations for real estate development due to a diverse mix of available development sites, a skilled workforce, abundant natural resources and a business-friendly tax environment. Today, over 50 Economic Development Districts (EDDs) in Louisiana provide developers and governmental bodies much-needed dollars to finance new projects without any obligation to repay the funding. EDDs have supported developments in Lake Charles and Zachary, hotels in downtown Baton Rouge, a regional retail development in Lafayette, and even the conversion of a distressed public housing project in New Orleans into an award-winning affordable housing neighborhood, among other things.
HOW EDDS WORK EDDs are special taxing districts established by a governmental body to provide funding for economic development projects within a well-defined geographical area. An increment of undedicated existing sales, hotel or property taxes (“Existing Tax Increment”) and/or up to 2 cents of new sales and/or occupancy taxes and 5 mills of property taxes (“New Tax”) generated within the EDD can be used to fund a wide variety of project components, including property acquisition, buildings, streets, infrastructure, sidewalks, parking facilities, public buildings, plazas and much more. Understanding the Process: Establishing an EDD is a multi-stage process that requires a keen understanding of real estate, finance, Louisiana public law, and the local political climate. Green Field or Developed Area: If the EDD includes any registered voters, the governing authority must hold an election to levy a New Tax. For that reason, virtually all EDDs using levying New Tax are created on “green field” sites where there are no registered voters. By contrast, no election is necessary to use an Existing Tax Increment or if no registeed voters are located within the EDD. Proven Economic Value: According to the Louisiana Constitution, the governing authority must have “a demonstrable, objective, and reasonable expectation of receiving at least equivalent value” in exchange for contributing funds generated by the EDD to the project. Often, an economic impact study is obtained to support the economics of the EDD. Cooperative Endeavour Agreement (“CEA”): The governing authority, the EDD and the developer execute a CEA detailing the transaction and the parties’ obligations, dedication of taxes, the list of the proposed EDD-funded projects and their priority. Dedication of Existing Taxes and Levy of New Tax: The governing authority will dedicate the Existing Tax Increment and/or levy the New Tax utilizing a process established by the Louisiana Legislature. Given the growing success of EDDs, we can expect to see them utilized more in the future. They have become an important catalyst for Louisiana’s long-term economic prosperity and a powerful tool for developers to take their projects to the next level.
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BUSINESS REPORT, October 22, 2019 | BusinessReport.com
Charles A. Landry
ABOUT THE AUTHOR Charles A. Landry, a Fishman Haygood LLP partner, has advised on Economic Development Districts statewide. He is proficient in real estate structure and development, P3s, land use and zoning. He assists clients with transactions involving residential developments, office buildings, shopping malls, hotels, medical facilities, golf course communities and industrial developments. Known for his ability to balance diverse stakeholders’ priorities, Charles has been a moving force in high-profile P3s, including the Shaw Center, IBM Complex in Baton Rouge, NOCCA, the Water Campus, IBM Center in Monroe, and Moncus Park in Lafayette.
100 North St., #800 • Baton Rouge, LA 70802 225.706.4040 • fishmanhaygood.com
LEGAL TRENDS + INSIGHTS FOR BUSINESS
SPECIAL ADVERTISING SECTION
TRUST THE LAW NO OTHER INSTITUTION OF GOVERNMENT IS NEARLY AS ACCURATE OR WISE IN ITS DECISIONS
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veryone has a stake in the justice system. It affects all of society, from a person in small claims court to the prisoner facing execution. The legacy of the United States, as granted by our creator and enshrined in our Constitution, is that American citizens enjoy the right to life, liberty and the pursuit of happiness. This is our gift to civilization. Thomas Jefferson said trial by a jury of one’s peers is the only anchor through which a government can be held accountable to the principles of its Constitution. This bedrock remains more important than the right to vote. The Greeks gave the world democracy. America placed its core value on its commitment to those three elemental human rights that no government could abolish or diminish. Dedication to every citizen’s right to pursue them is the foundation of the justice system and the platform upon which all aspects of modern society stand. At the courthouse, the witness has to take an oath and answer the questions. The parties have to produce proof. Everything is based on the fact that the participants, judge and attorneys have a sacred obligation to the highest ideals. Jurors swear an oath to be fair, the witness swears to be honest. These are not ivory tower abstractions, but a process that ensures, informs and protects everyone in a functionally free society. With today’s instant communication, facts are lost to noise. Politicians seeking transient powers have spin rooms. For every truth there is deflection by a consultant or special interest. Lobbyists talk to elected officials without limits, while citizens may receive five minutes to speak before any public body. At the courthouse, the reflective thought of twelve neighbors holds the power. The case facts are determined; the law is read. Everyone is equal. Jurors are asked to put themselves in the shoes of both sides, understand all sides of the story, and arrive at the truth. That determination triumphs, even if the judge, opposing or defense lawyers steadfastly disagree. Unfairness, error, and dreadful injustice happen, particularly, the conviction of an innocent man. The system is set up to be as foolproof as possible and no other institution of government is nearly as accurate or wise in its decisions. It is at the courthouse that our best ideals coexist with human frailty. Dr. Martin Luther King said that love is the pinnacle of all of our faith. Justice is love correcting that which works against the right. Standing beside love is always justice. Like faith, you cannot see it, but it must exist. Trust the law. History teaches that the passions of today are ephemeral, but the fundamental of ensuring each of our lives, liberty and pursuits of happiness reside in a stubborn and unyielding demand that legal fairness is a realistic and achievable process.
Lewis O. Unglesby
ABOUT THE AUTHOR Lewis O. Unglesby, founder of Unglesby Law Firm, LLC, is a nationally acclaimed specialist in jury trials with emphasis on personal injury and criminal defense. For more than 32 years, he has been recognized by Best Lawyers in America, Martindale-Hubbell, American Board of Trial Advocates, and Super Lawyers. His work has led to the abolition of threewheelers, installation of safety devices on forklifts, and recognition of diseases directly related to chemical exposure. He has been profiled on Good Morning America, 20/20, The New York Times, The Times Picayune, Business Report, The Shreveport Journal and Tiger Rag.
Unglesby law Firm 246 Napoleon St. • Baton Rouge, LA 70802 225.387.0120 • unglesbylaw.com
Daily-Report.com | BUSINESS REPORT, October 22, 2019
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BUSINESS REPORT, October 22, 2019 | BusinessReport.com