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Baton Rouge Business and Commercial Law Blog

Deceptive trade practice laws in Louisiana

Companies in Louisiana and elsewhere have to be careful in the way they conduct business. The owners of a business are expected to act in a certain way, and specific actions are looked down upon when they are carried out continuously by anyone within a company. Deceptive trade practices not only harm the people the company does business with, but also could harm the reputation and longevity of a business. Therefore, any accusations of unfair business practices or deceptive trade practices should be taken seriously.

Because competition often guides businesses to alter the way they do business, some companies might decide to take extreme measures to gain more business. While this could be legal in some cases, if these actions include acts such as misleading or making false claims, this is considered a deceptive trade practice.

What is an asset purchase agreement?

Businesses in Baton Rouge and other cities across the nation have to make minor and major decisions regarding the best interest of the business. In most cases, these decisions are made to keep the business thriving well into the future; however, this does not always mean that the business will remain as it currently is. For some business owners, selling a business is the proper step to take, but this process can be confusing and time-consuming. Thus, some companies opt to just sell a business asset; therefore requiring an asset purchase agreement.

What is an asset purchase agreement? This agreement is a legal document that details all the assets being sold from one business to another. This document is a contract that is prepared and signed prior to closing on the deal. Along with this document, other important and essential documents are also included. This frequently involves a broker or finder agreement, letter of intent, exhibits to asset purchase agreement, which includes a list of assumed contracts, list of assumed liabilities, security agreement, disclosures, warranty claims and other pertinent documents.

Avoiding an ADA claim against a business

Employers in Louisiana and elsewhere take certain steps to not only protect themselves but also the company or business they own, manage or operate. Because not all employees are the same, certain laws and regulations have been passed to protect specific differences and characteristics an employee might embody. For example, the Americans with Disabilities Act protect an employee with disabilities. And even when employers are well aware of this Act and the rights it affords, this does not prevent an employee from asserting a claim against his or her employer.

Therefore, an employer has to be prepared to defend itself against an ADA claim just like any other employer liability claim that could be filed against a business. Whether it is a means to avoid employment litigation or save the reputation of the business, it is essential to understand ways to navigate these actions. Moreover, it is important to note five steps employers could take to avoid ADA claims altogether.

Helping you assert an employer liability defense action

Business owners of all sizes have a variety of daily issues they might encounter. In fact, every year, there is a laundry list of required legal issues that business and company owners in Louisiana and other states across the nation must address. One frequently encountered area of law is employment law because a company cannot thrive without the working parts of its employees. And unfortunately, employers face minor and major obstacles when hiring small and large staffs.

At Dunlap Fiore, LLC, our legal team understands that employers want to take every necessary step to not only protect themselves but also the longevity of the company. Therefore, we are dedicated to helping businesses in the Baton Rouge are navigate employer liability claims.

The components of a contract and how disputes arise

Business of all sizes in Louisiana and elsewhere enter contracts in the normal course of business. Whether these are simple contracts, employment contracts, vendor agreements or major sale contracts, a business contract can have many layers to it, making it important that all parties to the agreement understand what they are agreeing to. Taking such a step could help the parties avoid a contract dispute or help them better navigate a resolution if one ensues.

For those running a business, a business contract is the most common legal transaction that will occur. No matter what type of business it is or the size of the company, the key to creating a sound business agreement is ensuring that it is legally enforceable.

What is a confidentiality agreement?

When businesses and companies of all sizes in Louisiana and elsewhere hire employees, they take steps to protect the interests of the company as well as all the employees working at the business. In order to do this, certain documents are signed when new employees are hired. One of these documents is known as a confidentiality agreement.

What is a confidentiality agreement? Because the business world can be a harsh world, businesses need to take extreme steps to ensure that private information of the company remains private. This means taking the extra steps to certify that employees are aware of this situation and will not share this confidential information with another party or another business.

Louisiana woman asserts discrimination and wrongful termination

As a previous post discussed, employers could have claims asserted against them if an employee believes the person was wrongfully fired or laid off. Moreover, employment litigation could arise when an employee believes the person has been a victim of discrimination, which could also be asserted in a wrongful termination claim. In these matters, an employer needs to take certain steps to protect themselves and the company, providing evidence that such acts did not take place in the work environment.

Based on recent reports, an African American Tanipahoa Parish woman filed a suit against a Chevrolet dealership, her former employer. The woman alleges that she was a victim of discrimination is the workplace and was wrongfully terminated form her position, which would be a violation of Title VII of the 1964 Civil Rights Act.

Understanding wrongful termination claims

Securing a job can be difficult for some residents in Baton Rouge. And even when an individual has been employed for some time, job security is not always guaranteed. Therefore, employees in Louisiana and elsewhere are often fearful of losing the person's job. Whether it is due to downsizing, poor performance or reasons related to the structure of the actual company, employees often question if the person were rightfully laid off or let go.

Issues related to wrongful termination are not only concerning for employees but for employers as well. If an employee claims that the person was wrongfully discharged, the individual could hold the employer liable for this and collect damages arising for the situation. Thus, it is important that employers take steps to protect themselves from this type of employer liability claim.

What are common types of construction defects?

Whether you are building a home or remodeling one, the entire process can be a long and complex. In some cases, this could require several workers, such as contractors and subcontractors, and various types of materials. For some construction projects, specific materials are required. If a builder fails to provide this material, this could greatly reduce the value of the home. Moreover, if the material used is defective, this could result in a serious construction dispute.

What are common types of construction defects? Defects often resulting in construction litigation include mold, water issues, electrical system problems, landscaping and soil issues, faulty drainage on the property, cracks in the foundation, floor, wall and roof, dry rot, structural failure and heating and electrical problems.

Helping you devise a strategy to overcome a construction dispute

Whether you are seeking to build a home, business, an addition to an existing building, a commercial complex, a road, bridge or any other type of structure, there are often many working parts to a construction project in Louisiana and elsewhere. Thus, when issues occur, parties fail to uphold their obligations, there are major delays or even construction defects, construction disputes are likely to emerge.

At Dunlap Fiore, LLC, our experienced attorneys are dedicated to helping project owners, general contractors, subcontractors, design professionals, equipment suppliers and construction lenders in the Baton Rouge area. Whether you are facing construction project issues due to withheld payments, lien claims, defective work, delays, defective designs or claims for additional work, our legal team has the skills and resources necessary to help our clients overcome these challenges.

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