Thank you for your interest in the Flood Law Blog. As more time passes since the 2016 Flood in South Louisiana, there are fewer and fewer legal issues. For that reason, we are ceasing publication of new posts with this final post.

This blog is no longer active and messages are not being monitored, but the archived posts will remain available.

We will resume blog posts here should any new developments with the August 2016 Louisiana floods occur. McGlinchey Stafford consistently shares legal developments through our other blog, the CAFA Law Blog, and through our website, and we encourage you to follow us on LinkedIn, Facebook, and Twitter for continued updates.

Due to the State of Emergency declared on August 12, 2016 by Governor John Bel Edwards in response to the historic flooding in parts of Louisiana, and the inability of many insurance policy holders to repair their property within normal time frames because of a shortage of building materials, contractors, and construction workers, the Commissioner of Insurance promulgated Emergency Rule 28, which went into effect retroactively on August 12, 2016. Emergency Rule 28 suspended statutory provisions of the Insurance Code concerning cancellations, terminations, nonrenewals, and nonreinstatements of insurance policies due to a material change in the insured risk, and also gives insureds additional to comply with other policy provisions.

Since Emergency Rule 28 was issued, the Department of Insurance has extended its effectivity with Emergency Rule 30, effective October 13, 2016, and, most recently Emergency Rule 32, which is effective February 10, 2017.

Emergency Rule 32 extends the life of Emergency Rule 28 through May 10, 2017.

The emergency rule applies to all lines of insurance and all regulated entities.


Last week, the IRS announced special exceptions for Louisiana residents and businesses affected by the August 2016 floods. According to The Advocate, the IRS will allow those affected “extended deadlines, waived penalties, and quicker request processing” and that “federal disaster assistance is not considered taxable income by [the IRS] or Social Security.”

Read the full article here.

McGlinchey Stafford attorneys Rudy Aguilar, Jr. and J-P Perrault were quoted in an article in the Greater Baton Rouge Business Report, “Businesses Impacted by Flooding Have Options for Financing Their Recovery, But They Need to do Some Homework.” Businesses can follow a number of courses of action, from taking on debt to applying for federal loans, to get back on their feet. Aguilar and Perrault discuss additional options, including loan modifications and even how customers might help a flood-affected business during hard times. Read the full article here.

The Greater Baton Rouge Business report has highlighted the Flood Law Blog as a resource for businesses affected by the catastrophic Louisiana floods. Rudy Aguilar, Managing Member of McGlinchey Stafford, was quoted as saying, “We always strive to provide unprecedented legal services to our clients, and right now countless businesses throughout Louisiana seek to find answers on post-flood legal issues. We hope that this new free resource will help both our clients and the broader business community on their path to recovery.”

Read the full article here.

The Flood Law Blog was featured in two articles in the Baton Rouge and New Orleans edition of The Advocate.

In the New Orleans Advocate, an article titled “Law Firms Use Katrina Experience to Help Baton Rouge Area Flood Victims,” McGlinchey Stafford attorneys Brad Axelrod and Jean-Paul Perrault discussed the blog’s roots in the firm’s experience helping clients after Hurricane Katrina in 2005, and how the Flood Law Blog has helped serve as a resource for FEMA assistance and SBA loans.

Perrault is quoted in a second article, “Post-Flood Insurance, Legal Issues Dot Businesses’ Road to Recovery,” on landlord-tenant issues relating to commercial property that have arisen following the flood. Axelrod also commented on cash-flow challenges for small and midsized businesses following a disaster.

Dear Readers,

The Flood Law Blog Editorial Team closely monitored Hurricane Matthew and its aftermath. We are thankful that the damage that was expected largely did not occur and that the people on the East Coast are safe. Due to this positive news, the Flood Law Blog Editorial Team has decided not to go forward with launching the Hurricane Law Blog. If you have any questions related to hurricane recovery, you can direct those to the Flood Law Blog team through our Contact page.

Thank you,

The Flood Law Blog Editorial Team

Dear Readers,

We are keeping a close eye on Hurricane Matthew in the Atlantic Ocean and are keeping all in harm’s way in our thoughts.

While the Flood Law Blog may not be relevant to those who are in Matthew’s path, we believe that information, press releases, and articles similar to those we were able to gather here for the Louisiana floods will serve the people of Florida, Georgia, South Carolina, and North Carolina.

After Hurricanes Katrina and Rita in 2005, McGlinchey Stafford launched the Hurricane Law Blog as a resource for businesses during their recovery process. We are working diligently to reinvigorate that endeavor, so be on the lookout for the newly updated Hurricane Law Blog. We hope that it can be a resource to those affected by Hurricane Matthew in the same way the people of Louisiana were able to use the Flood Law Blog.

Stay safe. We will have more information as it becomes available.


The Flood Law Blog Editorial Team

How does a company that lost books and records to the Louisiana flooding reconstruct financial and other business records?

Members of the McGlinchey Stafford Flood Law Blog team, Angie Christina, Managing Editor/Content Editor, and Rudy Aguilar III, Editor-in-Chief, provided answers to this question and others, as well as tips for business owners, in a guest piece for Biz New Orleans.

Read the full article here.

As announced today by Congressman Garret Graves, the United States Department of Housing and Urban Development (HUD) will allocate $13 million of “sanction funds” to aid recovery in Baton Rouge and Lafayette.

Sanction funds are previously unused fund recuperated from grantees and may be used for infrastructure needs, small business and economic development needs, and even individual homeowner needs.