I received bundle of paper from lifevac company and they suit me and claiming i sold their product without their permission, I never sold even single product from Lifevac. my product light bulb spa tube on amazon FBA got their product labels mistakenly and suddenly customers returned it to me and... View More
answered on Mar 27, 2024
If you've received a claim from Lifevac regarding the unauthorized sale of their products, it's essential to address this matter promptly and correctly. First, you should gather all relevant documentation, including sales records, inventory lists, and communications with Amazon FBA and... View More
I'm an author and have set up a book drive to benefit two specific, well-known charities. People can purchase the books at a discount from me, and then I will either ship or drive the books to the donation drop-off point. The buyers do not receive any physical items: they are purchasing for... View More
answered on Mar 11, 2024
Regarding your questions about offering tax write-offs for your book drive:
1. Offering a tax write-off form to customers:
- As an individual author, you cannot directly offer tax write-off forms to your customers. Only qualified 501(c)(3) charitable organizations can provide donors... View More
Our group sold a home health agency to another group. Our contract stated the price and monthly payment schedules. The other group has paid us a downpayment but has since missed monthly payments for over a year now. The other group is insisting that we lower the price from what was agreed upon.... View More
answered on Jan 8, 2024
In Illinois there is no penalty for breaching a contract. In fact, Illinois law expressly allows a party to breach a contract. However, once a party breaches, it is obligated to make the other side whole. Meaning that the benefit of the contract must still be given to the non-breaching party.... View More
answered on Dec 20, 2023
In Illinois, it is generally legal for a store to issue store credit to a customer without requiring a purchase or return. Stores may offer store credit as part of promotions, loyalty programs, or goodwill gestures. However, the specific terms and conditions regarding the issuance of store credit... View More
About 1 year ago couple things happened and I made a bad panic decision. I own up to it and this year I kick but trying to reverse the damages. In doing so we or should insaybi was told that if I sign 51% of the business over to her we would get a big tax break cause she would be a minority... View More
answered on Dec 5, 2023
This is really concerning. Normally, the business accounts should be separate from your personal accounts. So it would be great to clarify with you how many accounts they are and why there are so many for the business.
If your name is associated with the accounts for the business then you... View More
My husband and I are independent contractors ourselves working in Chicago app b week developers (we both have green cards) and started hiring independent contractors to help with some projects(a little over $2k/year). There are a couple of projects that are coming and will make us have a lot of... View More
answered on Nov 19, 2023
Hiring a non-resident independent contractor from countries like Costa Rica, Ecuador, or Colombia involves understanding both U.S. tax implications and the legalities of international contract work. When hiring international contractors, one key form is the W-8BEN, which is used by foreign... View More
It just feels right that way.
answered on Nov 8, 2023
Combining multiple LLCs under one corporation can offer streamlined management and potential tax benefits, but it also carries risks, such as shared liability among the businesses. Before deciding, it’s wise to consider the distinct nature of each business, the potential for liability exposure,... View More
Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.
answered on Oct 15, 2023
Yes, you can start a LLC in your particular State. The two are not related. In fact, if you lived and were a resident of a foreign country, you can open an LLC in the U.S. You would list yourself and your foregin address, but you would need a resident agent in the State where the LLC is opened.
Is it legal and from immigration and tax perspective what are things we need to make sure that we are compliant with law.
answered on Oct 18, 2023
Being on an H1B visa, you can establish or invest in an LLC; however, you cannot actively manage or work for the business without proper work authorization specific to that role. Your wife, on an H4 EAD, can legally work for and manage the LLC since she possesses employment authorization. Ensure... View More
I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More
answered on Oct 18, 2023
A patent gives its owner the right to exclude others from making, using, or selling the patented invention. Therefore, if you obtained your product from someone other than an owner or licensee of the patent, you cannot legally sell the product without infringing the patent. This assumes that the... View More
I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More
answered on Oct 18, 2023
Good question.
The product that is "similar to a patented product" does not necessarily infringe on the ISSUED CLAIMS of the patent. First, compare the product and the claims side-by-side. Read each claim element (limitation) and try to identify it in the product. If your... View More
I purchased a product from China that is similar to a patented product. I would like to know if I can sell this product legally in the US or not. The product I purchased I currently have in my inventory, and does not make an attempt to be a knock-off or counterfeit to the product that has the... View More
answered on Oct 15, 2023
Selling a product in the U.S. that infringes on an existing U.S. patent can expose you to legal liability, even if the product was legally purchased and imported from another country. The key question is whether the product you imported actually infringes on the patent in question. The fact that... View More
answered on Sep 26, 2023
In Illinois, liability for work quality or disputes could depend on the contractual arrangement between you, the local contractors, and the clients. Generally, the contractors would be responsible for the quality of the work they perform. However, you might also be exposed to some liability,... View More
I was told that I was a partner and would start seeing a return on the investment and was manipulated into giving money. I need to know my options as far as if I can recover some of my money back or if there's any alternatives that would allow me to get out of this business venture.
answered on Aug 3, 2023
The facts you stated may give rise to a cause of action for common law fraud and statutory fraud, pursuant to the Illinois Fraud and Deceptive Practices Act. You may be entitled to obtain an award of your actual damages and for the attorney's fees and costs you incur.
You may also... View More
Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More
answered on Apr 16, 2023
Short answer: No. An employer cannot unreasonably stop you from making a living. Generally, if you sign a Employee Non-Competition and Confidential Information Agreement, it is valid for no more than two years. I have yet to hear of any Court enforcing such a document if it states in the... View More
Back in 2002, I signed a "Employee Non-Competition and Confidential Information Agreement" with my employer, which is a tire dealer. In 2004 I resigned from this company and worked for a another company about 25 miles away from my previous employer that I resigned from. It was also a tire... View More
answered on Apr 19, 2023
To answer with 100% certainty, an employment lawyer would need to review the terms of the original agreement. However, most non-competitive agreements are valid for a two year period. Given that the document is now more than twenty years old, it is likely unenforceable. Again, for absolute... View More
answered on Mar 2, 2023
If you believe that your lender has incorrectly applied a payment to the principal without properly bringing down the balance, you should contact your lender directly to discuss the issue and request an explanation. It is possible that there may have been a mistake or a misunderstanding that can be... View More
I have published newsletters previously, The previous management company's provided the mailing list. The current management company will not. Am I entitled as a owner, to the home-owner mailing list for that particular purpose?
answered on Mar 2, 2023
The answer to this question will depend on the specific rules and regulations of your condominium association. Typically, condominium associations are governed by bylaws and regulations that outline how the association operates, including how information is shared and distributed to unit owners.... View More
A reputable online fashion brand
answered on Feb 25, 2023
Yes, there are legal requirements that you need to consider when starting an online fashion brand. Here are a few important steps to take:
Choose a business structure: You will need to decide on a legal business structure for your brand, such as a sole proprietorship, LLC, or corporation.... View More
Lease and rent are current and up to date.
answered on Jan 23, 2023
This seemingly is a landlord-tenant issue. However, as a practical matter for business, if you have already signed a lease and been in it for 3 years, this appears to be out of their right to request.
However, I can see it making sense in two scenarios: if you have fallen behind and there... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.