Business, Corporate & Finance
Working with a Louisiana Attorney
Attorneys Knowledge in Business and Finance
Every aspect of running a business requires dedication, attention to detail
and forward-thinking individuals to help operate Montgomery Barnett. We
work with business owners and entrepreneurs assisting them with every
aspect of the business from inception through growth and development to,
when necessary, dissolution. We assist clients in obtaining financing,
provide on-going business advice, represent clients during litigation,
and counsel them through the dissolution of the business. Montgomery Barnett
is ready to provide clients with the assistance they need.
Our attorneys know how a business operates from the inside out. We are
committed to bringing our clients' peace of mind by minimizing their
legal and business risk exposure in operating their businesses. Our team
of associates and partners craft individual solutions and keep our clients
informed so they can make timely decisions.
The professional credentials and experience of our attorneys facilitates
our counseling of local, regional, national and international corporations,
partnerships, individual investors, executives and professionals in business
and commercial law matters.
Whether you are starting a new business or focused on growing and protecting
your company, Montgomery Barnett is committed to helping clients in all
areas of business and commercial law planning:
- Business Formation
- Financing and Operating Business Organizations
- Mergers and Acquisitions
- Antitrust and Trade Regulations
- Public and Private Contracts
- Regulatory and Administrative Issues
- Uniform Commercial Code (UCC) Compliance
Our business law team helps you get accurate and clear answers. We are
here for you in all your transactions.
Resolving Business Disputes in Business
Our business litigation group is at the heart of Montgomery Barnett's
practice. We have experience defining contractual relationships and resolving
business disputes at all levels. As business litigation work can overlap
with other practice areas, including bankruptcy, toxic tort and construction,
to name only a few, we work closely with the resources of the entire firm
toward an efficient and cost-effective resolution for corporations and
individuals. With members of the American College of Trial Lawyers and
Litigation Counsel of America on our team, we are prepared for any challenges
you may face. Our team has lawyers who serve on the American Arbitration
Association (AAA) Commercial Panel.
Our entire team works together to move toward efficient and cost-effective
resolutions for their small business, corporate, and individual clients
and can push only the most amicable resolutions to settle. If a settlement
cannot be reached, our dedicated attorneys will aggressively defend or
prosecute your case in trial. Whether your company is facing a shareholder
dispute, contractual issue or property claim, you can rely on the dedicated
representation of Montgomery Barnett.
More Than a Hundred Years of Defense
We are devoted to ensuring our clients' claims are litigated in a professional
and timely manner.
Our firm is proud to have provided exceptional legal services to clients
throughout Louisiana, the nation and internationally for
more than a century. We are in our third century of operation. Our legal professionals are
ready to assist clients in obtaining favorable resolutions for any business
Taking on New Challenges in Construction Law
Our construction law practice group is involved in all phases of public
and private construction projects, from bidding through final construction.
We negotiate construction contracts between developers and contractors
for hotels, hospitals and other businesses.
Resolving Construction Disputes
We represent individuals, developers, corporate entities, design professionals,
contractors and insurers, locally, regionally, nationally and internationally.
Our attorneys have extensive experience in all areas of construction litigation
and arbitration. From formation of construction contracts, to litigation
of complex issues, Montgomery Barnett is in the forefront of construction
law. Our lawyers have been internationally recognized by
Who's Who Legal, and nationally by
Best Lawyers in America as preeminent leaders and litigators in the area of construction law.
We also have lawyers who serve on the American Association (AAA) Construction Panel.
Taking a leadership role, our firm is not afraid to take on new challenges
in court or through negotiation. Our construction law practice takes a
proactive approach, helping our clients get out in front of potential
disputes in order to get a positive resolution. From small builders to
major developers, design professionals, contractors and insurers, we handle
a wide range of construction law concerns, including:
- Transactional construction law for projects
- Construction defects and related products liability
- Business litigation for contract disputes between developers and contractors
- Fidelity and surety coverage
- Contractors' liens
- Insurance defense of personal injury claims
As members of the American College of Construction Lawyers and the Litigation
Counsel of American Lawyers, we understand the challenges facing our clients,
big and small. We are always focused on keeping our clients' long-term
interests in mind, finding solutions that will work today and into the future.
Mediation & Arbitration
Settlement in an Alternative Forum
While you want to do everything you can to protect your rights in court,
litigation may not always be the best solution. Alternative Dispute Resolution
(ADR) is the process of resolving legal conflicts without going to trial.
Forms of alternative dispute resolution, such as mediation and binding
and non-binding arbitration are increasingly used to avoid costly, time-consuming
and uncertain litigation. The lawyers at
Montgomery Barnett have extensive experience in determining if and when a form of ADR is
in the best interest of our clients and meets their needs better than
litigation. We are also trained to act as mediators and arbitrators in
a variety of cases.
The United States is one of the most litigious societies in the world,
investing approximately 2.2 percent of the nation's gross domestic
product — approximately $310 billion or $1,000 per capita —
in tort litigation alone, according to an
economics professor at Emory University. The state and federal courts in many areas of the country are notoriously
crowded. Getting a court date can often take several weeks or months,
a fact which imposes insufferable delays on legal action.
Increasingly, many courts are imposing mandatory alternative dispute resolution
on parties seeking a hearing of a civil action, in an effort to lighten
dockets and to make it easier for cases to move through the court system
with a minimum of stress and delay. While it is true that some cases can
only be effectively resolved through adversarial litigation, many can
be resolved through mediation or arbitration.
Alternative dispute resolution methods involve having the disputing parties
meet in an informal setting out of court in an attempt to negotiate an
acceptable settlement without judicial interference. A trained mediator
or arbitrator serves as a neutral third party, and his or her role is
to facilitate discussions, clarify legal questions, keep the negotiation
process on track, and assist in crafting a legally sound settlement agreement.
The two common approaches to alternative dispute resolution are:
At mediation a mediator helps facilitate discussion and helps the parties
try to achieve a mutually agreeable resolution. However, the mediator
does not impose any type of decision on the parties. The final agreement
is at the disputing parties' discretion. In the event the parties
cannot reach an agreement, the matter may still proceed to court for trial.
In this approach both parties agree to the selection of an arbitrator or
panel of arbitrators who at the conclusion of the process is called upon
to issue a ruling on the matter. The parties have agreed at the outset
to abide by this ruling.