Tuesday, August 11, 2015

By Aisha Jacaruso


When making the decision to start a business, owners typically have the skill and experience to offer a great service or a quality product. However, operating a business goes beyond providing products or services to customers. To ensure a business' financial stability and long-term growth, there are many issues that may be beyond the expertise of business owners.

Whether you are contemplating legal issues related to starting a new business or you are grappling with complex legal issues regarding your existing business, it is important to make sure that they are addressed by someone with experience. The consequences of failing to do so could include fines, tax problems, and additional legal problems. Here are just a few of the most common issues that New Orleans business attorneys help business owners address.

Choice of Business Structure

Under Louisiana law there are several different types of business structures: sole proprietorship, limited liability company, partnership, S corporation, and C corporation. In determining how to structure your business, there are a number of different considerations, including tax and liability issues. New Orleans business attorneys will explain to you these options and advise you on the long-term ramifications of the option you select.

Transferring Ownership

Transferring your interest in a business can be tricky. There is more involved than simply the writing of a check and the handing over of the keys. In order to make sure that your interests are properly protected, a New Orleans business attorney can help you negotiate a fair price and reasonable terms, and review the agreement between you and the buyer to make sure that it accurately reflects the agreed upon terms.

Employment Contracts and Agreements

Well-written employment agreements will ensure that both you and your employees understand the expectations and limitations of the employment relationship. Moreover, clearly written independent contractor agreements will not only define the terms of an independent contractor relationship, but will also ensure that the relationship is not misconstrued as an employee-employer relationship.

Exit Planning

Oftentimes business owners take great care to start a business, but do not plan as well for exiting the business. If you would like to eventually turn over the running of your business to your child or to a key employee, it is important to plan in advance. New Orleans business attorneys will help you develop a plan that will ensure the smooth transitions of both your duties as well as your financial interest in the company to the person of your choosing.

Protecting company intangible assets

Protecting such intangible company assets such as inventions, branding, and trade sheets is just as important if not more important than protecting tangible company assets such as buildings and machinery. Protecting intangible assets requires a thorough understanding of law related to copyright, patents, and trademarks, as well as agreements with employees and independent contractors regarding confidentiality and ownership of work product.

Business structure, transferring ownership, employment agreements, exit planning and protecting intangible assets are but a few of the many important issues that the experience of New Orleans business attorneys may prove critical. To learn more about how we can help your business with legal issues, contact Barrios Kingsdorf & Casteix LLP today.




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