Paul Breaux writes regularly on several law subjects. His writings on corporate, commercial and health care law issues are published regularly in the journal of LPA, and his writings on health care reform have appeared in M.D. NEWS/Louisiana. His writings have also been accepted for publication by the Louisiana Hospital Association and by the Journal of the Louisiana State Medical Society.
You can find a sampling of his writings and newsletters on such topics as commercial and business law, agricultural law and industrial hemp in Louisiana, health care law related to HIPAA, pharmacies, and more.
Disclaimer: This blog does not provide legal advice and does not create an attorney-client relationship. If you need legal advice, please contact an attorney directly.
The Louisiana Legislature is set to consider a new bill in the current regular session that will refine and clarify the existing Industrial Hemp regulatory scheme by adding three categories/types of licenses available to Louisiana businesses. The new licenses include Handler, Consumable Wholesaler, and Consumable Processor.
Read MoreChange on the horizon: A change enacted by the USDA for the disposal of non-compliant industrial hemp crops, crops that are ready for harvest but test at greater than 0.3% THC, is the addition of remediation as an alternative to a complete destruction of a crop.
Read MoreThe Louisiana Department of Agriculture requires Louisiana Industrial Hemp licensees to file two year-end reports including a license application for the 2021 production year. Deadlines are approaching.
Read MoreAn update on Louisiana’s Industrial Hemp industry including the number of grower, processor, and seed producer licenses as well as the geographical distribution of the licensees.
Read MoreAn introduction to the power of attorney in Louisiana. A power of attorney is a key, critical document in any personal plan like end of life, elder, or financial planning.
Read MoreUpdate on the current status of the Louisiana Industrial Hemp program since licenses began to be issued by the Louisiana Department of Agriculture on February 20, 2020. Info includes analysis of the number, type, and location of issued licenses.
Read MoreWhen undertaking an act you intend to be an obligation of your corporation or limited liability company [LLC], you must make certain that the person you are dealing or contracting with is aware that the obligation is not yours individually. If you are not attentive and careful, a court could rule that you are personally obligated to pay your company's debts.
Read MoreYou began your career as a grower 20 years ago and may have started "with nothing" as the expression goes; during that period you and your spouse built your home, cared for and educated your children now all grown and starting their own work-life path; "built a business"; and mid-career is the time to put in place the means by which you and your spouse smoothly exit and move on to things you have worked to have time for at retirement.
Read MoreBecause of mandates in, Louisiana’s Industrial Hemp Law and regulations, you must carry certain documentation with you when transporting industrial hemp seeds, propagules, biomass, etc. to avoid possible arrest for possession of marijuana.
Read MoreThe USDA announced federal risk management programs for eligible industrial hemp growers on February 6, 2020. Interested growers should be aware that the deadline for applying for these programs for the 2020 growing season is March 16, 2020. The programs include a Noninsured Crop Disaster Assistance Program (NAP) that is available to Louisiana growers.
Read MoreLouisiana hemp growers looking to buy seed, seedlings, or clones should spend the time to review sales/purchase contracts provided by seed sellers. An experience attorney with a thorough knowledge of Louisiana’s law on sales contracts can help businesses avoid the pitfalls of one-sided or inadequate contract provisions.
Read MoreFull legal compliance for Louisiana industrial hemp farmers does not begin and end with LDAF regulations. Louisiana farmers who are planning to jump into the industrial hemp industry for the 2020 growing season should be aware that the USDA requires industrial hemp growers to register with and submit periodic reports to the Farm Service Agency (FSA) for their specific hemp acreage.
Read MoreOnce a grower is permitted to grow hemp in Louisiana, they must begin to plan on acquiring hemp seeds or propagation stock appropriate for the type of crop they are targeting. Whether its seed or young plants, Louisiana farmers have only one option for a 2020 crop, that is out of state sourcing, and out of state suppliers must comply with Louisiana law.
Read MoreFor landowners and growers in the Louisiana agriculture industry who are considering adding hemp to their farming operations, the following outlines some of the ground rules under Louisiana’s newly promulgated industrial hemp law.
Read MoreWhether you're a farmer leasing land for your agricultural operations or a landowner leasing out your land to farmers, your contracts of lease should be in writing. Verbal or oral leases are valid, but a written lease can provide greater protections to you, your business, and your loved ones.
Read MoreLouisiana recently legalized cultivation, transportation, and processing of hemp. The new law goes into effect on January 1, 2020. Here are some of the legal requirements placed upon businesses and individuals looking to enter the Louisiana hemp market whether they be investor, farmer, processor, or even retailer looking to sell CBD oil.
Read MoreInterested in getting started in Louisiana’s burgeoning industrial hemp industry? If you’re a landowner or farmer, you’ll need to overcome certain regulatory hurdles to get started. The key to first acquiring a license to grow hemp is establishing ownership or control over the farm land.
Read MoreWhether you are starting a new business or having been operating as a sole proprietor you should consider forming a business entity. This article discusses the legal and practical reasons to formally organize your business in the context of a corporation. Similar principles apply to limited liability companies (LLC).
Read MoreBusiness owners often invest large amounts of time and money in the development of technology or other information that gives them significant competitive advantage in the market place. The Louisiana trade secrets statute is one of the effective tools that can be used to protect that investment from theft or other misappropriation.
Read MoreWhat you do after you have taken the required steps to incorporate your business is just as important as the initial steps. In order to successfully hold a shield between your personal assets and your business liabilities you must be vigilant..
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