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Baton Rouge Business and Commercial Law Blog

Using ADR to resolve contract disputes

While it would be ideal if agreements would be carried out without any issues, businesses in Louisiana and elsewhere understand that this unfortunately is not a reality in the world of business. Though issues and disputes regarding the terms and conditions of business contracts do arise in the normal course of business, there are ways contract disputes can be addressed, helping companies resolve these problems in a timely and effective manner.

In some cases, Alternative Dispute Resolution methods are ideal techniques to tackle contract disputes. While each process is diverse and embodies its own costs and benefits, most ADR techniques have a common factor -- role of negotiation. The parties to an ADR proceeding are generally agreeing a negotiating on a settlement without moving forward to litigation.

How can businesses avoid wrongful termination claims?

There comes a point when businesses of all sizes need to hire new employees. While this is a normal course of business, companies in Louisiana and elsewhere also need to deal with the possibility of having to fire an employee. Although this is not an ideal task, some situations arise when it becomes necessary. Whether it is due to downsizing, poor performance, violations of company standards or other similar instances, business owners have the right to terminate the employment of their employees if a situation presents itself. Nonetheless, even if an employer rightfully terminated an employee, an employee might still exert wrongful termination.

How can businesses avoid wrongful termination claims? The first thing to do to ensure a proper termination of an employee is to not carry it out as a spur of the moment decision but rather a well-documented process. This allows an employer to provide evidence that their actions were justified and the process was carried out appropriately.

Helping businesses navigate employment liability matters

While it is common for legal issues to present themselves in the normal course of business, business owners in Louisiana or elsewhere might encounter more pressing internal legal issues. Because employees are the backbone of a company, it is essential to properly and timely address any disputes or concerns that might arise. This not only helps diffuse these problems but also helps the overall function of the business.

Whether the company is a small, mid-size or large company, our legal team is dedicated to protecting the rights of Louisiana businesses, helping them generate the strongest defense plan against any form of employment litigation that might arise. At Dunlap Fiore, LLC, our law firm is committed to meeting the needs of our clients, so they can remedy any employment liability claims presently against them.

Resolving construction contract disputes

Whether people are hiring a company to build a home, a commercial building or to do a remodel project, it is important to have the proper paperwork to memorialize the construction agreement. Individuals and businesses in Louisiana will enter into a contract with a construction company or contractor to help protect and enforce the agreement. However, it is important to consider the terms and information included in a construction contract, when it comes to avoiding construction contract disputes.

Because standard form construction contracts are readily available and less expensive to obtain, more and more contractor turn to these commercially available contracts to form agreements with their customers. While these contracts can work well and provide the basic necessary information needed in these types of agreements, the provisions of the form contract may not meet all the needs of the parties involved and could include terms the parties overlook or do not understand.

What terms should be included in an employment contract?

Companies in Louisiana need to take certain steps when hiring employees. Once a proper candidate is hired for a position, the appropriate paperwork needs to be filled out and the necessary documents need to be signed. While many employer-employee relationships include implied agreements, some positions lead to parties negotiating terms. Because of that, it is important to consider all the terms agreed to in an employment contract.

Depending on the career field and position, employees may want to limit an employer's ability to terminate them or provide them the ability to leave at anytime. Therefore, termination and "at will" employment are frequently addressed in an employment contract.

Lord & Taylor charged with deceptive advertising claim

As previously discussed, deceptive trade practices can lead to companies dealing with business litigation. Regulations are set to ensure that businesses follow certain guidelines when it comes to consumers purchasing or using their products or services. If it is believed that a company is misleading or luring consumers through false advertisement, this can result in a deceptive advertising practice claim.

The Federal Trade Commission recently brought an enforcement action against the department store chain Lord & Taylor under its new native advertising guidelines. Lord & Taylor was charged with using deceptive advertising practices in their recent social media campaign. According to preliminary reports, this campaign included 50 personalities wearing the same paisley dress on their Instagram account.

Understanding deceptive trade practices

Businesses in Louisiana dedicate much time and effort into marketing, advertising and selling their products or services. Therefore, when claims are made against a business regarding their business practices, businesses often take these accusations seriously. Such business disputes can not only harm the reputation of the company, but can also result in the business facing serious penalties if the claims are proven.

A business can face a claim for deceptive trade practice if it is believed that the company is practicing activities that are meant to mislead the public or lure consumers into purchasing their product or service. False advertising is a common example of this business dispute, and they could stem from false representation, representing goods as new when they are used, false certifications and other similar actions.

What is key in financing a small business acquisition?

A merger and acquisition is considered a very lucrative process that can be very beneficial to all parties involved in the transaction. While most people in Louisiana and elsewhere might think that an acquisition is only for large and successful businesses with a large amount of capital, it is important to understand that any business -- no matter the size -- has the capability of acquiring another business. With the right business plan and financing in place, even a small business can successfully complete an acquisition of another business.

What is key in financing a small business acquisition? The biggest hurdle that small businesses face is the most obvious, which is the access to capital. Unlike large companies, small businesses do not have the luxury of having such a surplus of capital. Additionally, financing a small business has shifted since the economy has rebounded; therefore, the acquisition strategies for small business are much different than they were a few years ago.

We are committed to resolving Louisiana construction disputes

When a construction project is designed, planned or initiated, those that are part of the project expect that it will go as plan. While this is an ideal situation, it is very common that some obstacles will be encountered. In some cases, these issues can be resolved immediately and fairly easily; however, this is not always the case. Some issues might result in major delays and could be difficult to resolve without coming to new agreements. Construction law issues can get rather complex, and because of that, parties to a construction project might have to go through construction litigation to settle any disputes that arise.

The last thing a project owner or general contractor wants is major delays in a construction project or defects in the design or work; however, construction projects often have many working parts and several people that are relied on to effectively complete the project. At Dunlap Fiore, LLC, we understand how the success of a construction project in Louisiana can be tremendously delayed or hindered when construction problems occur.

Construction defects that could cause construction disputes

Before a construction project is initiated in Louisiana or elsewhere, a plan or design is made for a specific project. While this plan details the specifics of this projects, modifications and deviations from this plan are likely to occur when the project begins. In some cases, these small changes are so minute that they do not impact the overall project; however, if major changes occur, this could lead to construction defects and compromise the entire project.

Construction defects could be the heart of a construction dispute; therefore, it is important to understand the different types of defects that could initiate construction litigation. To begin, construction defects could come is various forms and could impact the planning, design, construction, supervision or inspection of the project; however, the focus of this post will be on the most common defects that could lead to construction disputes.

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Baton Rouge, LA 70825
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