Baton Rouge Business Litigation Lawyer

Legal disputes involving complex issues such as business law, real estate law, construction law, securities laws, successions and taxes require the attention of an experienced and dedicated attorney with the knowledge and resources to protect your interests. Having a Baton Rouge business litigation lawyer on your side who knows how to efficiently and effectively handle legal conflicts could prove to be the difference between your financial success and your financial destabilization.

Individuals and corporations in Louisiana and surrounding states can benefit from the representation offered by The Baringer Law Firm, L.L.C. in Baton Rouge and around the State of Louisiana. Our attorneys bring decades of litigation and negotiating experience to the legal issues facing our clients.

New Orleans Business Litigation Attorneys | Breach Of Contract Representation

Our attorneys assist our clients with a wide range of legal disputes, including:

• Construction litigation
• Corporate litigation
• Succession probate litigation
• Real estate litigation
• Securities litigation
• Business disputes litigation
• Personal injury litigation
• Professional malpractice litigation

In all cases, our priority and focus are on protecting the interests of our clients. In addition to seeking favorable results at trial, we pride ourselves on our ability to achieve effective resolutions to legal disputes through alternative measures, including mediation and arbitration.

Our record in the field of litigation is exemplified in the fact that Dale R. Baringer is past two term president and two term Executive Director of the Dean Henry George McMahon American Inn of Court in Baton Rouge, a local chapter of a national organization made up primarily of trial lawyers. This is an organization that focuses on restoring the nobility and professionalism for which the legal profession was once admired; and works to enhance lawyers’ ethics, competence and litigation skills through continuing education programs written and presented monthly by its members.

Types of Businesses to Consider

The initial creation of a business can be overwhelming, especially for those who have not done so in the past. There are many ways in which an attorney can assist with the creation of a business once a solid strategy is developed.

One of the most important decisions to make is what type of business the company will be. There are many different types of businesses that all have their advantages and disadvantages, including:

• Sole Proprietorships: Many individuals act as sole proprietors without formally registering as such. This can lead to tax issues in the future and could potentially leave them liable for debts arising during the operation of the business. For example, a creditor could seize an individual’s personal assets for unpaid business debts. There might be additional licenses or permits needed, depending on the industry in which the business operates.
• Partnerships: These types of businesses vary based on each owner’s involvement. Some partnerships involve one individual who manages the business while the other partners finance it. In other cases, partners have more equal roles. Partnerships are easier to create, but they come with similar liabilities and tax obligations as a sole proprietorship. An attorney can help resolve conflicts associated with business partnerships.
• LLCs: LLCs, or limited liability companies, protect the owners of the business from personal liability if debt or other expenses are incurred as a result of running the business. Louisiana has detailed rules about how an LLC must be created and managed. You must file initial paperwork to create the LLC as well as annual paperwork with the Secretary of State. An attorney can explain the details and requirements associated with an LLC.
• Corporations: Corporations are organized under a different structure than LLCs. They offer more freedom in ownership and in transferring ownership to different parties, but they are also beholden to a board of directors and their shareholders. Corporations have different tax rules than LLCs as well, which can make it more complicated to file taxes.

For more information on the various business organizations, see Holliday, Norman & Baringer’s Louisiana Practice Series published by Thompson Reuters on Louisiana Corporations. See also, Mr. Baringer’s feature article from the Baton Rouge Business Report’s October, 2020 issue entitled: “Do It Yourself Lawyers Beware When Forming Your LLC.”

Many individuals do not consider the long-term implications of a business’s structure before creating a company, leading to future tensions among business partners. This is an important decision that should be discussed with an attorney so that everyone involved understands their rights and responsibilities when starting a business.

Depending on the type of business you want to start, you might be required to file for registration or for additional permits or licenses in order to legally run it. An attorney understands the documentation needed for the application process so that you can file quickly and efficiently. They can also help with requesting an employer identification number from the IRS so that you can file taxes under the new business.

An attorney can also help draft operating procedures. These procedures are sometimes not required for a business to be created, but they are vital when experiencing difficulties as the business progresses. Documentation for things like conflict resolution, decision-making strategies, and other procedures can help create a streamlined approach for issues between partners, board members, or even employees.

Preventing and Resolving Disputes for Small Businesses

If a business is only managed by a few people, there might not be sufficient documentation in place in case something goes wrong. Creating thorough documentation for a small business is important and can increase its likelihood of success.

In the event of a partnership, an attorney can help create an agreement that outlines how business decisions will be made among partners and who has the final say. It can also define how much money each partner gets, as well as their individual roles and duties. Each partner might also have a different amount of control over the company, which is an important detail to maintain in company documentation.

In some cases, individuals might want to leave a partnership, or new members might want to join. If partners have particular criteria for who can leave and join, this can be documented in advance to prevent conflict. If there is conflict, adding the option for mediation or arbitration in a partnership agreement can save time and money on partner disputes. There can also be rules added for when the partners want the business to be dissolved. Buy/Sell provisions can provide for business continuity and a source of liquidation of a partner’s interest in the business upon the death of a partner.

An LLC can benefit from many of the same elements, including defining ownership, income distribution, and individual responsibilities. LLCs can also outline the decision-making process and allocate different levels of power to different members. A contingency plan can be created to provide structure and potentially avoid an undesired imbalance of power in the event of a member’s death or incapacity.

Creating Effective Contracts

Many small businesses have to negotiate and do business with real estate owners, suppliers, employees, and other parties, in which case they should draft a written contract. It is important that these contracts are effective and written in clear and unambiguous wording so that the other parties involved can be held to their end of the deal in the event of litigation. Creating a written contract ahead of time can establish an expectation and a backup plan in the event that one party does not do what they agreed to.

An attorney can not only offer advice on which contracts or structures might be ideal, but they can also help draft any required paperwork. Contracts created by an attorney can prevent loopholes and faulty documents that are legally unenforceable. Our legal team understands the potential implications of each contract we create, and with our extensive business litigation experience, we have unique insights as to types of potential developments and disputes among business partners such that we can draft these agreements in a way that is optimally protective of our client’s rights.

In some cases, contracts might have to be rewritten or amended based on changing business needs. This can be done in many cases, but there are certain requirements to protect the interests of the parties involved. Contract laws also vary by state, and Louisiana stands out as the exception given the uniqueness of our civilian legal system compared to the commonlaw of the other 49 states. This is why contacting a Louisiana business lawyer is incredibly important when drafting or amending a contract.

Protecting Large Businesses

Our attorneys can help protect your assets throughout a variety of different situations. We have experience with representing large businesses in many different ways, including mergers and acquisitions, developing contracts, and changing the structure of a business.

Another way a business attorney can help a large business is through employment contracts. Ambiguity in employment contracts, hiring procedures, and codes of conduct can result in large litigation battles. Prevent issues before they start by drafting and revising employment-related contracts with an attorney.

We also have experience in planning for corporate taxes. If you are considering a large reorganization of your company, it can be helpful to plan for potential tax implications ahead of time to avoid large, sudden expenses. We can inform you of the pros and cons of restructuring and develop strategies to optimize any tax consequences associated with the move.

Assistance With Taxes

One element of running a business that many do not anticipate is additional tax requirements. This can apply to things like employment taxes, federal and state taxes, audits, keeping and maintaining financial records, and more. These issues can be difficult to resolve as a business owner, so consider working with an attorney who is well-versed in both federal and Louisiana tax law to avoid complications.

This also applies to businesses and owners who are considering filing for bankruptcy. Bankruptcy can have different types of tax implications, depending on the type of bankruptcy case that’s filed. We can review your unique situation and determine what the ideal option might be to limit your tax liability while protecting as many of your assets as possible during the bankruptcy process.

We also have extensive experience with like-kind exchanges to build wealth and avoid liabilities. For more information on how recent legislation like the Tax Cuts and Jobs Act can impact like-kind exchanges and tax liabilities, contact a business and tax attorney. We can provide legal services to our clients relative to Internal Revenue Code §1031 Like-Kind exchanges in planning and closing exchange transactions.

We offer Internal Revenue Code §1031 Like-Kind Exchange qualified intermediary services for non-clients of the law firm through our affiliated exchange companies, Nationwide 1031 Exchange Professionals, L.L.C. and Nationwide E-A-T, L.L.C. Legal services clients of the law firm are required to use an intermediary company that must be independent of the law firm in order to be a “Qualified Intermediary” under §1031.

Dealing With Bankruptcy in a Business

Another common issue businesses face is either undergoing bankruptcy themselves or collecting money from bankrupt clients. Businesses sometimes face challenges when collecting the money they are owed. This might require legal action, like sending collection notices or even taking parties to court. Sometimes businesses are sued by debtors in bankruptcy or bankruptcy trustees seeking to recover preferential payments or fraudulent conveyances made by an insolvent debtor just prior to filing bankruptcy. Our tax and accounting backgrounds make us peculiarly adept at handling these types of cases, and we have extensive experience in defending these kinds of claims.

If your business is considering bankruptcy, an attorney can also advise you on what type of bankruptcy to take. The type might depend on the structure of the business, but different types of bankruptcy also offer different advantages and disadvantages, including:

• Chapter 7: This form of bankruptcy is common with sole proprietors. It offers significant protections from creditors, especially for those with lower incomes. Most of the assets subject to a Chapter 7 bankruptcy include property that is not exempt from protection. If a person qualifies for Chapter 7 bankruptcy, it is usually an effective option to pay back debts while keeping important property.
• Chapter 11: While Chapter 7 bankruptcies are most often filed by individuals, and Chapter 13 bankruptcies are limited to being filed by only by individuals, Chapter 11 can be filed on behalf of businesses or individuals. This form of bankruptcy can help businesses renegotiate contracts to help them get back on their feet. However, Chapter 11 is more expensive to file than Chapter 13, and Chapter 11 is a much more complicated procedure. Our attorneys can assist our clients in determining which type of bankruptcy case is the best for a given set of circumstances.
• Chapter 12: This is a more recent form of bankruptcy that only applies to small farmers and fishermen. It allows them to continue their business while relieving them of certain financial obligations with a repayment plan. If an individual qualifies for Chapter 12, it could be an effective way to repay debt.
• Chapter 13: If an individual does not qualify for Chapter 7 bankruptcy, then they might have to file Chapter 13 bankruptcy, which allows individuals to restructure their debt, and in many cases, reduce the amount of creditor claims paid through the Chapter 13 plan. It might also be possible to prevent foreclosure on a home or pay back taxes with this form of bankruptcy. Chapter 13 bankruptcy usually requires individuals to pay back certain debts in full, which might make it more difficult in certain cases.

Contact The Baringer Law Firm, L.L.C.

For experienced legal representation for your legal disputes, you can rely on our Baton Rouge litigation attorneys. Contact us today to schedule a consultation to discuss your litigation needs.

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Protect Your Business’s Interests

We have helped individuals, creditors, and businesses at virtually every stage of the development, management, and dissolution processes. Our unique experience in both business law and tax planning can give your business an edge. For more information on how we can help navigate legal matters for your business, schedule a consultation with The Baringer Law Firm, L.L.C., today.