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Baton Rouge Business and Commercial Law Blog

The contracting firm I work for has merged, what should I do?

If the company at which one works has undergone a merger with another firm, there are certain things that one needs to do in order to ensure that one's contractor's license is updated with the Louisiana Licensing Board for Contractors. A copy of the signed plan of merger that has been executed is necessary. If the merger was registered outside of the state of Louisiana, one also will need a copy of the certificate from the domiciliary Secretary of State. This will be needed as evidence to reflect registration of the merger outside of the state. If the merger took place within the state, then one will need a copy of the amendment to the company's charter to prove registration of the merger with the Louisiana Secretary of State's office.

If the company is incorporated, then one will need a copy of the corporation's Board of Directors' meeting minutes that reference authorization of the merger. Since a license is nontransferable, if the company is going to be the non-surviving entity as a result of the merger and wishes to continue working under its current license number, then it must merge into a parent or a subsidiary in order to continue working under that same license number.

What should an employer know about employment law?

Both new and long-term business owners in Louisiana may have a number of questions regarding employer-employee relationships, as well as their obligations as an employer under current existing laws. Business owners may not realize it, but many issues that may arise during the course of their business operations may fall under the broad umbrella of employment law.

For instance, at some point during the existence of a business, a business owner may have to deal with employment law issues including but not limited to employment liability claims, employment contracts, employment regulations, claims of wrongful discharge and more. When such complex legal challenges surface it may be beneficial for that business owner to seek the legal knowledge of a law firm familiar with such employment litigation issues who can provide strong and competent employment defense.

Resolving contract disputes through dispute resolution

Contractors understand that construction contract disputes sometimes require a proactive response to help all parties involved reach a speedy resolution. Typically, when construction professionals encounter legal disputes, they have the option to use dispute resolution techniques, such as facilitating direct negotiations between company executives, mediation and arbitration to resolve the issue. If everything fails there is always litigation.

When attempting to resolve complex contract disputes through dispute resolution, as the dispute resolution process is passed from the project team to the legal team and then finally to the arbiter, the dispute resolution strategy must also accordingly change. However, the longer the process takes the more cost intensive it may become.

Siemens & Sulzer vying to merge with Dresser-Rand Group

The Louisiana business community may find it interesting to learn that European manufacturer Siemens has signaled its interest in acquiring Dresser-Rand Group, Inc., another European company, as it aims to expand its oil and gas portfolio. Dresser-Rand is one of Europe's largest manufacturers of turbines and industrial compressors that are designed and built to work exclusively for the oil and gas industry. According to reports, Siemens Chief Executive Officer has been eyeing Dresser-Rand for the last few years.

In fact, Siemens CEO has indicated that its needs to take advantage of the recent growth in the energy sector has been fuelled primarily by the increase in shale gas extraction, which, unlike natural gas, must be extracted by hydraulic fracturing. According to reports, Siemens is considering a potential acquisition offer that will total over $6.5 billion.

How can a Louisiana business protect its intellectual property?

Louisiana, like many other states, recognizes the need for companies to be able to protect intangible assets such as trade secrets that give their companies a competitive advantage over their competition.

The Uniform Trade Secrets Act has been adopted by most states. It legislates, defines and protects trade secrets. Generally speaking the legal definition of a trade secret is some piece of information which has economic value first, by not being generally known, and second, because it can reasonably be maintained a secret. The Uniform Trade Secrets Act is broad but can protect almost any information that gives the business an advantage in the market. While the following information is not legal advice, it should help companies understand how they can do their part in protecting their assets.

I have a construction dispute, what should I do?

When it is comes to construction disputes, it is important to understand that construction law is a very complex area that poses many challenges. Though business owners or individuals embroiled in a construction dispute may think they can handle the matter themselves, given the intricacies, the fact that multiple parties may be involved, and the general the complexity of this area of law, seeking legal advice may be beneficial.

Dunlap Fiore LLC has experienced lawyers who, regardless of the construction problem you are facing in your business, can examine and evaluate your case and provide legal options. Generally in construction settings, disputes can arise at any time between various entities involved on a project such as equipment suppliers, general contractors, subcontractors, engineers and more. Since construction projects go through different stages and general and subcontractors may rely on each other to finish one part of the project before the other part can be started, a dispute between two or more parties can adversely impact the entire project, causing significant delays.

Baton Rouge-based credit unions merge

Louisiana residents should be interested to know that after seeking viable merger candidates, Louisiana Farm Bureau Credit Union has officially merged with Pelican State Credit Union. Both firms are based in Baton Rouge.

News of the merger surfaced when officials at Louisiana Farm Bureau Credit Union announced the completed merger with Pelican State Credit Union firm. Officials at the firm announced that they had been seeking merger proposals from some the area's larger firms in order to expand and therefore better serve their clients.

Do you have questions about business law or government contracts?

Whether you are a business owner who is just starting out, an existing small business owner or a large corporation, more than likely in the course of your business operations you may be faced with a legal question which may require consultation with a business law firm. In today's dynamic business world contracts are an integral part of any business relationship, and may involve a business relationship with the government on a project. In some cases a business may also have to deal with government contractors and, depending on the nature of the project, this can get complex.

It is important for any business trying to secure a project to make sure that they take appropriate steps, such making a reasonable bid and following all regulations. This is especially true when it comes to getting a government contract. For example, when it comes to military construction contracts, one such regulation that all government contractors are required to follow is the Code of Business Ethics and Conduct.

Does FMLA apply to small-business owners?

The Family and Medical Leave Act - commonly known as FMLA - is a federal law that was enacted to protect employees from losing their jobs and health benefits if they need to take an extended period of time off due to health issues that affect either themselves or their immediate family.

FMLA doesn't cover any and all types of employees across the board. The types of employers that fall under the purview of FMLA include all public agencies such as state, federal and local government including public schools. In the private sector FMLA will only apply to an employer if its workforce consists of at least 50 employees and then only if that employee has been employed for a minimum of 20 work weeks during either the current or previous year.

Employment law: employee rights, employer responsibilities

Whether it is seasonal, temporary, part-time or full-time employment, most people at some point in their lives have held a job and either completed a written job application and/or undergone an interview process. We have all been there. However, how many people actually understand and know of their rights in an employment setting? Here is a quick overview of employment law, employee rights and employer responsibilities.

Employment law is a diverse area of law and encompasses various topics such as workplace safety, labor laws, wages, workplace discrimination and wrongful termination. Both federal and state laws may be applicable. In most cases, if an individual's employment is based on a valid employment contract, the terms contained in the contract govern. In such cases, state law applies.

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