Reliable Direction in Business Law
We focus our attention on the legal aspects of our clients’ businesses so that our clients can focus their attention on the success of their companies. Whether you are just forming your company, or you have been in business for years, a trusted legal team is a necessity. Call us today for your free business law consultation.
Useful Resources
Forming a Business in Louisiana
Deciding to Start a Business
Going into business can be an exciting but tumultuous time. In addition to investing in the infrastructure of your business, marketing to your target clientele, hiring employees, and setting up a sound structure for day to day operations, one also has to deal with the legal aspects of forming the business entity, entering into any necessary agreements and contracts, and ensuring full compliance with Federal and state regulations.
Choosing the Type of Business
There are many options when it comes to the type of entity a businessperson wants to form, each with their own level of complexity as well as differing benefits and drawbacks. Some of the most common options include: sole proprietorship, limited liability company (LLC), partnership, limited partnership, limited liability partnership (LLP), C corporation, S corporation, professional corporation, and non-profit corporation. Each of these options are unique. Before deciding which is best for you and your company, you should consult with an experienced business attorney about the startup requirements, regulatory compliance, tax implications, and general maintenance of each type of entity.
Business Documents
We are able to advise you on the above and draft the necessary instruments, including Articles of Incorporation, Articles of Organization, Initial Reports, By-Laws, partnership agreements, operating agreements, and/or assist in registering your trade name or DBA. We can also assist in the drafting and review of other contracts such as confidentiality agreements, nondisclosure agreements, indemnity agreements, leases, buy-sell agreements, and more.
Commercial Transactions
Commercial transactions are a routine part of doing business, but the legal side is anything but routine. If you are buying or selling commercial real estate or equipment, leasing property, buying or selling an interest in a company, or entering into a credit agreement, it is imperative that you do your due diligence. Having a seasoned attorney negotiate, draft, and/or revise the contracts is an important first step in avoiding a business dispute or ensuring your rights are preserved if a business law dispute does arise.
Commercial Litigation
Even with careful planning, every business will face a legal challenge at some point. Contract disputes, lease disputes, unfair business practices, breaches of contract, and delinquent accounts receivable are just a few of the unfortunate consequences of doing business. When facing a business dispute you need an attorney who will work to resolve the matter in the most efficient manner possible, but who will also fight for your company in court if the matter cannot be settled.
Business & Commercial Law News
Business Interruption Insurance Claims for COVID-19In Business LawWill Your Business Interruption Insurance Cover Your COVID-19 Losses? As businesses continue to shut down across Louisiana and the nation in response to city and state “stay at home” orders, business owners are worried about whether this public health disaster is covered under their business interruption insurance protection plans. If they listen to their insurance agents or the many media articles on the topic, they probably think they are out of luck. However, business owners have nothing to lose by filing a claim to test the waters, and if that claim is denied they always have the option to file a lawsuit to enforce their insurance plan. Whether your claim is covered or not is likely dependent on the type of policy and the specific language in it. If you have a business that has been affected by closures, check your business policies to see what losses may be covered. Even if your insurance policy contains a specific exclusion related to viruses [Continue reading]
Materials Used to Reconstruct a Vessel Destroyed by Fire are Tax ExemptIn Business LawPlaintiff’s drilling barge caught fire causing extensive damage. Repairs were made at a cost of $11 million. Under La. R.S. 47:305.1(A), taxes imposed shall not apply to sales of materials, machinery, and equipment which become component parts of a vessel of fifty tons and over, if the vessel is built in Louisiana. Further, a tax exemption applies to construction or reconstruction, but not to the replacement of worn components. Louisiana law also provides that the exemption applies if the reconstruction restores the vessel to seaworthiness following its destruction by sinking, collision, or fire. Plaintiff relied on this tax exemption and did not pay any sales or use taxes on the materials purchased to repair the barge. Nevertheless, the local tax collector assessed taxes on the repair equipment. [Continue reading]
Employee’s Internal Complaint of Faulty Equipment Did Not Give Rise to Whistleblower ProtectionIn Business LawPlaintiff brought suit against her former employer under Louisiana’s Whistleblower Statute, alleging that she was wrongfully terminated for reporting unsafe work equipment to management and corporate headquarters. Defendant filed an exception of no cause of action, arguing that plaintiff was terminated for failing to follow the proper procedure of reporting the unsafe condition, and that plaintiff did not engage in protected activity under the Whistleblower Statute. Plaintiff argued that her termination was actually in retribution of reporting defendant’s violation of state law, which requires employers to provide reasonably safe employment for all employees. The trial court granted the exception, and plaintiff appealed. [Continue reading]
“Cost of Attendance” is Sufficient Compensation for College AthletesIn Business LawIn a civil suit brought by a former UCLA basketball player, it was alleged that the NCAA profited from the use of Plaintiff’s name and likeness in television broadcasts and video games. Plaintiff contended that because the NCAA enjoys contracts worth billions of dollars, athletes are entitled to a portion of the profits. The NCAA countered that college athletes are by definition amateurs, and further argued the commonly held belief that paying college athletes would transform collegiate athletics into something unrecognizable and render the athletes professionals. In 2014, the District Court for the Northern District of California found that the NCAA was not above the antitrust laws and its rules were too restrictive in maintaining amateurism. The district court proposed that the NCAA allow colleges to pay athletes up to $5,000.00 per year in “deferred compensation.” The NCAA appealed the decision. [Continue reading]
Contact Us
Need assistance with your business law or commercial needs? Contact an experienced business lawyer today.
365 Canal Street, Suite 2610
New Orleans, LA 70130
Telephone: (504) 872-9224
Facsimile: (504) 702-1924