Proven and Trusted New Orleans Business Litigation Attorney
Business disputes can be costly and time-consuming and take you away from doing the real work of running a company. As a New Orleans business litigation attorney, I aggressively protect my clients’ interests while keeping each client’s unique business goals in mind. If you are involved in a business dispute, contact my firm to discuss a legal solution.
Handling business disputes – in and out of court
As a business lawyer, I approach every dispute with a view to my client’s bottom line. Therefore, I strive to keep legal fees down by negotiating a favorable outcome as early as possible, sometimes before any legal proceedings have been filed. However, when a swift resolution is impossible, I provide my clients with the aggressive advocacy and legal strategy necessary to prevail in court.
A lawyer who understands your business
New Orleans is home to a diverse and growing economy, hosting entrepreneurs and small businesses in a wide range of fields. I listen to my clients and understand each company’s business needs, regardless of the industry or the size of the operation. Understanding your business allows me to provide thoughtful legal advice, innovative solutions, and effective representation in whatever business dispute you may be facing.
A representative list of business litigation services provided by the Shlosman Law Firm:
Contract Litigation – With the huge volume of business deals made on a daily basis, it is no surprise that contract disputes clog our court system. When there is a disagreement over a business contract, or one party has failed to meet their obligations, it is crucial to have an experienced lawyer who is knowledgeable about contract interpretation and enforcement to advocate for your rights under the agreement.
Business Tort Litigation – Business torts are claims of wrongdoing in the business context, which are often pursued in addition to contract claims, or when no contract applies. Business torts in Louisiana include defamation, fraud, tortious interference with contractual relations, and unfair trade practices. As a proven New Orleans business litigation lawyer, I am experienced in prosecuting business tort claims and achieving the best possible outcomes for my clients.
Construction Litigation – The construction industry in New Orleans can be a hotbed for conflict, with each project involving multiple parties and significant financial stakes. Misunderstandings over contracts, poor workmanship, and construction delays are just a few things that can derail a project and potentially lead to a costly court battle. Due to the complexity of construction disputes, it is important to retain an attorney who is knowledgeable about construction law and who can protect your interests, whether you are a contractor, builder, architect, or investor.
Real Estate Litigation – The purchase, sale, leasing, or development of real estate properties can quickly and unexpectedly devolve into a legal battle when something goes wrong. As the founder of the Shlosman Law Firm, I represent individuals and businesses in conflicts related to real estate sales contracts, lease agreements, and investment partnerships, as well as HOA disputes and other real estate matters.
Employment Litigation – The landscape of Federal and Louisiana state laws governing the employer-employee relationship has undergone vast changes in recent years, and is different from any other state in the country. If you are involved in a wage and hour, wrongful termination, employment discrimination, or other employment-related dispute, you need an lawyer who understands the ins and outs of employment law in Louisiana and how to protect your legal rights.
Frequently Asked Questions:
What is the cost of business litigation?
The costs of litigating a business dispute can add up quickly, especially when settlement negotiations break down. In a heated dispute, litigants may lose sight of the big picture, seeking victory no matter what the cost. Sometimes going to trial simply does not make sense from a business perspective, when the time and money spent on litigation outweighs the reward of a favorable outcome.
As an experienced business litigation lawyer, I understand that a true victory means saving your company money while protecting your ability operate and grow your business. My strategy in each case is based on protecting your bottom line and delivering cost-effective advocacy.
How long does it take to resolve a business dispute?
A business dispute that goes to court often takes months if not years to reach trial, and post-trial appeals can drag the case on even longer. However, most cases are resolved before trial, and many settle without going to court at all. If your goal is to get your focus back to running your business as soon as possible, you need an attorney who is skilled at all stages of the process, including pre-suit negotiations, mediation, and arbitration.
What recourse do I have in a breach of contract claim?
If the person or company you have a contract with has violated the terms of the agreement, there are several remedies that may be available to you:
- Compensatory damages: The most common remedy is for the party that breached the contract to make the non-breaching party whole again, in other words returning the parties to their pre-contract positions.
- Liquidated damages: Some contracts specifically state the amount that must be paid in the event of a breach. These clauses are usually (but not always) enforced by courts.
- Specific performance: In some instances, a court may order a breaching party to uphold their end of the deal. This is less common, but may occur when the contract provides a unique benefit that cannot easily be assigned a monetary value.
- Dissolution: Sometimes, the best course of action when one party has breached a contract is simply to seek dissolution of the contract, ending all further obligations between the parties.
What do I have to prove in a business fraud claim?
To succeed in a fraud claim in Louisiana, you must show that the opposing party misrepresented or omitted a fact with the intention of causing a loss or obtaining an unfair advantage. It is important to note that silence can have the effect of fraud, such as failing to disclose a pertinent fact when there is an obligation to do so.
How long do I have to sue for a construction defect?
Under Louisiana law, property owners have five years from the date that the project was completed to file a lawsuit over a construction defect. Unlike time limits for other types of claims, this clock starts when the project is completed, not when the problem is discovered. Therefore, it is critical to consult with an lawyer at the first sign of a construction defect.
What happens when one party backs out of a real estate sales contract?
The typical penalty when the prospective buyer backs out of a real estate sales contract without justification is the loss of their deposit. If the seller refuses to go through with the deal, the situation can become a bit more complex. The purchaser may seek “specific performance” in court, forcing the seller to convey the property. Alternatively, the would-be buyer may try to estimate the loss caused by the missed opportunity and sue for the damages.
Is my non-compete clause enforceable?
The state of Louisiana imposes strict guidelines for non-compete agreements, including non-compete clauses within employment contracts. A non-compete will be unenforceable if the limitations provided are too broad–for example, if it prohibits working for a competitor anywhere in the state. Also, the maximum time period that a non-compete agreement may run in Louisiana is two years.
Contact a Business Litigation Attorney and Get Back to Running Your Business
Disputes and conflicts are natural in the business world, but they shouldn’t stop you from running your company and growing your business. I have the dedication and experience to aggressively pursue your rights if you have been wronged in the business world. I will listen to you and your business’s needs and come up with the most effective legal strategy to achieve your business goals while preserving your bottom line.
The most effective strategy when a business dispute arises includes getting prepared and taking action as soon as possible. If you or your company anticipates a business dispute, please contact the Shlosman Law Firm for a consultation with an experienced New Orleans Business Litigation Attorney.