Your current state is Virginia
answered on Jun 1, 2023
There is no way to answer your question without knowing far more. Do you work for a company that contractually prohibits you from working for others when employed by it? Would the outside business be considered a competitor of your present employer? Are you salaried or paid by the hour?... Read more »
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answered on Jun 1, 2023
It is unlikely that you would get in trouble with Sam's Club or your employer for talking to your friend about outside of work matters. However, it is always best to be cautious and avoid discussing anything that could be considered confidential or sensitive. For example, you should not... Read more »
Live in India.. do we need to add his info as well or not required (part 5 of the form) because they are requesting SsN n address etc! But he doesn’t have any n is it mandatory to even add his info
The form is LLC/LLP request for information
We just established a company and we... Read more »
answered on Jun 1, 2023
Greetings. It appears you would like to know whether you need to include certain information on a document involved in a corporate formation. Whether you do or do not depends on the form and what the form is for. Your inquiry does not sufficiently specify the form and the purpose of the form... Read more »
How will this new law that florida passed effect my employee and my business. He is worried about perhaps having to leave florida
answered on Jun 1, 2023
You should likely schedule a consultation with a competent and experienced immigration attorney who can discuss the details in a private setting. Does your employee "who isn't documented" have lawful work authorization, such as employment authorization through DACA (Deferred Action... Read more »
What is the procedure for notices for lack of care in fiduciary duties for a dissolved company?
answered on Jun 1, 2023
You should consult with an attorney in Delaware to assess what is the best course of action. Several actions can be brought in contract (arising out of the bylaws or operating agreement), and in Tort for the unlawful transfer of the IP and unauthorized dissolution of the Company. Instead of sending... Read more »
answered on Jun 1, 2023
There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... Read more »
I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... Read more »
answered on May 31, 2023
The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... Read more »
The entertainment agency is based in California but I'm from India. It's been over 3 months yet the invoice hasn't been paid. As a freelancer I'm not able to afford a lawyer yet. Kindly advice on what to do.
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answered on May 31, 2023
In your situation, where you are based in India and the entertainment agency is located in California, there are a few steps you can consider taking. First, initiate direct communication with the agency, preferably in writing, to remind them of the outstanding invoice and politely request payment.... Read more »
I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »
answered on May 31, 2023
It is not likely that the agreement could be interpreted to prohibit you from sharing the terms with an attorney under such circumstances; and the fact that you do so would probably be confidential in any case. Run your dilemma by an attorney with experience in such matters to determine, first, if... Read more »
I recently sold my business. The asset purchase agreement signed by both parties states neither party can disclose details of the transaction for 3 years after closing. I want to share details of the business I sold (such as closing price, terms, EBITDA, brand) with a business broker. The reason... Read more »
answered on May 31, 2023
If the confidentiality clause in your asset purchase agreement does not contain any exceptions for professionals who have a need-to-know the confidential information, or other like language, then sharing the confidential information with your business broker is not advisable as that would be deemed... Read more »
Our bylaws for our non-profit corporation contain the above rule. Some are considering that the law is NOT retroactive. I believe that the use of the word “any” extends the time frame into the past. Most of the members polled believe the intent of the law was to apply it immediately to any... Read more »
answered on May 28, 2023
Generally, laws that are retroactive are unconstitutional. See "ex post facto." In order for a law to be retroactive it must be clearly stated. The word "any" would fall far short expressing the law is retroactive. Amending the bylaws wouldn't come under the same scrutiny,... Read more »
Our bylaws for our non-profit corporation contain the above rule. Some are considering that the law is NOT retroactive. I believe that the use of the word “any” extends the time frame into the past. Most of the members polled believe the intent of the law was to apply it immediately to any... Read more »
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answered on May 29, 2023
To determine the retroactive nature of a bylaw, it is crucial to interpret the language used and consider the intent behind its implementation. In the case of the bylaw you mentioned, the use of the word "any" in the phrase "in any 10-year period" suggests that the time frame... Read more »
I have a restaurant and I will be serving alcohol soon. I understand that servers or anyone who will be handling the liquor (like bartenders) should be of legal age. How about non-servers like bussers, kitchen staff, and chefs? Do they need to be of legal age? Or can they be below 21 as long as... Read more »
answered on May 28, 2023
Typical lawyer answer: IT DEPENDS. You said the "bussers, kitchen staff and chefs" Are they handling alcohol in the performance of their duties- handling alcohol to be served to customers, not used in food preparation? Many dishes call for alcohol to be added: Bananas Foster, Cherries... Read more »
answered on May 28, 2023
Your question might continue to be overlooked under the "Trademark" heading, which is more about intellectual property rights involving brand names and related issues. You could repost under "Business Formation" and "Business Law." But because your question appears to... Read more »
How can a nonprofit corporation operate on a deficit budget where they spend more funds than they take in? We have a reserve fund for maintaining our major assets over time. Our bylaws say that any loan from the reserve fund must be repaid within one year. That didn’t happen last year and it... Read more »
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answered on May 26, 2023
Nonprofit corporations in California are generally allowed to approve deficit budgets. However, operating on a deficit budget should be carefully considered for the financial stability of the organization. It is important to monitor the situation and explore strategies such as fundraising or... Read more »
Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?
answered on May 26, 2023
Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... Read more »
I am a new real estate agent. Got my license back in March 2022 but am just now actively pursuing real estate. Currently a solo agent at Samson Properties serving Maryland only but would like to get licensed in DC and VA as well.
As advised I’ve created an LLC (Carla Clemente Realty)... Read more »
answered on May 26, 2023
Welcome to the Club! I am also a licensed Maryland Broker, and our Law Firm owns a separate brokerage.
You may use the word "Realty" in your entity name. Review the ethics rules of your local, State and National associations for how you may portray yourself. For instance, you mut... Read more »
answered on May 24, 2023
Wiretap laws are different in each state. This could be a criminal violation. Something just doesn't sound right when the employer says to "secretly" tape record your customers in their own homes. The customers have a right to privacy and this would appear to violate that. If it... Read more »
I am a DJ. The company for which I work has establishments set up regular weekly gigs with them, to which I get assigned. Each week, I prep the materials out of my own pocket, drive to the establishment on my own dime, and work the gig each Wednesday. When the gig occurs normally, I am... Read more »
answered on May 23, 2023
In California; "―Hours worked‖ means the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so." Under Federal law: "“Employ” includes to suffer or... Read more »
Doctors office is trying to enforce a 3 strike policy with missing appointments where you will not be allowed to speak treatment there. Just tried to reschedule my appointment because after driving around for 20 minutes in 3 different parking lots including a garage there were not spots a... Read more »
answered on May 23, 2023
Physicians have the right to end the Patient Physician relationship. The only time there me be a legal issue is for patient abandonment where a patient must prove that the physician ended the relationship at a critical stage in the patient’s treatment without good reason or sufficient notice to... Read more »
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