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Baton Rouge Business and Commercial Law Blog

Nondisclosure agreements can prevent business disputes

Every day, entrepreneurs in Louisiana and elsewhere conduct research, make prototypes and place their new inventions in the marketplace. In some cases, these inventions can lead to lucrative contracts with other businesses who want to purchase or license them. However, the inventor should first take certain steps to protect their idea and prevent the theft or copying of their idea or invention.

A nondisclosure agreement, which is commonly referred to as a confidentiality agreement, can serve an inventor in many ways and provide many benefits. In some cases, an invention is not patentable. A patent could provide a significant amount of protection; however, if an invention cannot be patented, it is important to have potential customers sign a nondisclosure agreement.

What is a contract and what makes it enforceable?

Every day, businesses in Louisiana and elsewhere enter into agreements. To make these agreements legally enforceable, a contract is drafted and signed by the parties involved. Typically, the purpose of the agreement is memorialized through the terms of the contract; however, these terms are sometimes unclear or even sometimes not followed. Therefore, to ensure a proper and workable contract is entered into, it is important to understand what steps are needed to make an enforceable contract.

What is a contract and what makes it enforceable? A contract is defined as a legally enforceable agreement that creates an obligation to do something or not to do something between two or more parties. A party to a contract can be an individual person, a company or a corporation.

Emmy Rossum in contract dispute with Showtime regarding pay

Employees in Baton Rouge and other cities across the nation enter contracts with their employers. While employment contracts help designate certain terms such as the job description, salary and length of the contract, some contract terms are not always unambiguous. Thus, both employers and employees should always be prepared for contract disputes regarding the terms set forth in an employment contract, especially if contract disputes are to be settled through negotiation.

According to recent reports, actress Emmy Rossum is currently in an intense contract dispute. The "Shameless" star is in a dispute with Showtime, and this current battle could signify a major victory for female Hollywood actors.

Improving mergers and acquisitions in the healthcare industry

No matter what industry a company is in, major businesses in Louisiana and elsewhere have to make major decisions on a daily, weekly, quarterly or yearly basis. While these decisions or business deals might be minimal to the overall function of the company, others can alter the dynamics of the company. One such business deal is a merger and acquisition.

While an M&A can be beneficial within the healthcare industry, it is also a business transaction that could disrupt the normal functions of medical facilities. Therefore, it is suggested that healthcare organizations take on certain business strategies to ease the process.

What is the difference between a private and a public merger?

Companies and businesses in Louisiana and other states in the nation make decisions each and every day. Some of these decisions can greatly impact the company, causing them to take careful and proactive measures before and during these major business transactions. When preparing for a business merger, it is essential to understand what type of merger is in the best interest of the business. Specifically, whether a public or private merger is the appropriate step to take.

What is the difference between a private and a public merger? The best way to describe the difference is to understand why a company would want to make a public or private transaction or agreement in general.

Keeping best interests of your company in mind during litigation

Businesses in Louisiana and elsewhere have vast needs. Whether they are just starting out or have been established for several decades, business could become involved in disputes during the normal course of business, based on the relationships formed between businesses. And, when this occurs, business owners need to understand how to navigate these business law issues timely and effectively.

At Dunlap Fiore, LLC, our legal team is devoted to helping businesses in the Baton Rouge area understand the business disputes they are currently in and whether or not it is in their best interests to continue with business litigation. Going through with litigation can be overwhelming and could take over much of your energy.

How to determine a breach of fiduciary duty

As a previous post highlighted, businesses in Louisiana and elsewhere have to be conscious of the relationships they establish. Whether it is in the normal course of business or for business development, these relationships come with benefits, duties and obligations. The failure to uphold the terms of these specific relationships, such as one that is created with a fiduciary, could mean a breach. Even more so, this could mean a complex business dispute regarding the damages incurred from this breach of fiduciary duty.

In order to understand when such a breach occurs, it is important to be aware of when and how this relationship is formed. This not only establishes fiduciary responsibilities but also helps identify when a breach occurs.

What is a breach of fiduciary duty?

For those owning a business in Louisiana or elsewhere, it is likely that a variety of professional relationships are formed in the normal course of business. No matter the size of a company, a fiduciary relationship is established at any point when a party places confidence and trust in another party with that party having full knowledge of this.

When a fiduciary relationship is formed, this is called a fiduciary duty; when a fiduciary duty is established, this means that the duties of the fiduciary can be enforced if the relationship is formed under the law. Additionally, if a fiduciary breaches the duties they owe to another party, this could be cause for litigation.

How to determine if construction defects are present

Initiating a construction project can be an overwhelming experience. And whether individuals or businesses in Louisiana are building a home, commercial space or any other type of building, there are some key factors to consider when ensuring construction defects are not present.

A building, no matter the size or type, must be on a solid foundation and the materials used to construct the building must not be defective. Taking the step to notice the signs and dangers of these conditions is imperative when checking the progress of a construction project and ensuring that a completed building is safe.

Document retention and construction defect claims

Whether you are building a new home, breaking ground on a new office building or planning an addition to your home, construction projects of all sizes have many working parts. There is the planning phase, design phase and the building phase, and during all those phases, the parties involved in the construction project will conduct quality checks, making adjustments where need be.

The process of taking a design to an actual building can be lengthy and complex. Moreover, it is likely to leave a huge paper trail, detailing all vendors, suppliers, contractors, designers and subcontractors used for the entire project. These details on these countless documents might seem just a part of the process and unimportant once that part of the project has been completed. However, these documents become very imperative if defects are discovered.

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