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Questions Answered by Glenn B. Manishin
2 Answers | Asked in Antitrust for California on
Q: Is it possible for buyers (rather than sellers) to be accused of price-fixing?
Glenn B. Manishin
Glenn B. Manishin answered on Aug 17, 2017

Absolutely yes. Fixing the price of goods or services purchased by buyers is just as per se unlawful as price fixing among sellers.

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1 Answer | Asked in Intellectual Property on
Q: Can I post content in blogs with the knowledge I acquired from courses online?

I'm learning a few courses online. If I post a blog post series about the topics, with my added views and some knowledge that I got from the courses (free and paid), does it violate any laws? I'm from India. And also, is it okay to display ads on the same site to make money.

Glenn B. Manishin
Glenn B. Manishin answered on Aug 14, 2017

United States copyright law protects the "expression" of ideas, not the ideas themselves. Therefore, knowledge you have gained from online courses can be used for commercial purposes so long as you do not wholesale copy and we publish their materials and publications. You may want to check the... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Personal Injury on
Q: I signed a contract to plant trees and nothing else. Boss forced me to do other work and got injured, partly disabled.

I injured my index finger and it will be pretty hard for me to plant trees. Having my surgery today. I cannot move my index at all, hit the tendon and a bit of the bone. They did not teach me anything at all and forced me to use some dangerous tool so I think they are responsible for a big part...... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Aug 11, 2017

You are probably covered by workers' compensation, and also appear to have a valid claim against the employer. You should consult an attorney regarding any potential lawsuit.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Q: I have several homes that I have a contract with for vacation rentals with a company but they are late and don't pay

I sent them notices that if they don't pay I am changing the locks- and I did.

Glenn B. Manishin
Glenn B. Manishin answered on Aug 7, 2017

You should check the provisions of your vacation rental company agreement, but generally if one party to a contract is in breach, here by not paying, the other parties excuse for performance and made exercise "self-help" justifying removing the lock boxes and changing the locks. If there is a... Read more »

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for Florida on
Q: Landlord showed and entered our home without letting us know first. Does this terminate our lease?
Glenn B. Manishin
Glenn B. Manishin answered on Aug 7, 2017

I agree with the other answer, and I add that typically lease agreements allow the owner to show a property without the tenant's consent, and often without prior notice to the tenant. I'm not aware of any specific Florida statute that would override the terms of the lease contract.

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can my girlfriend live with me without being on the lease?

My girlfriend is currently on a 12 month lease, but isn't living at her apartment. She and her roommates don't get along and have gotten into a few mutual verbal and physical confrontations. If I were to sign a lease for an apartment, would she be able to live with me without being on the lease?

Glenn B. Manishin
Glenn B. Manishin answered on Aug 5, 2017

That depends on the terms of the lease. It is unlikely Tennessee has a statute covering those circumstances.

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2 Answers | Asked in Business Law for Indiana on
Q: I was just curious as to if you can own A law firm without being a lawyer in the state of Indiana?
Glenn B. Manishin
Glenn B. Manishin answered on Aug 4, 2017

Every state bar prohibits non-lawyers from owning a legal practice as a matter of ethics.

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1 Answer | Asked in Business Formation, Business Law and Internet Law for Virginia on
Q: Internet Only business - Does it need to file as a foreign business entity in Virginia?

I live in Virginia, and am interesting in starting a few internet-only and/or mostly internet-only companies. I will be the only owner.

I've read Virginia doesn't offer protections to single member LLCs which is make me look to other states like Delaware, Wyoming, Nevada.

If I form... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Aug 4, 2017

To the best of my knowledge, Virgina does allow single-member LLCs. (Single member partnerships are not permitted.)

Your business is conducted online but as the owner you have a physical presence in Virgina, even if just your home. You are therefore required to register as a "foreign"...
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3 Answers | Asked in Business Law and Civil Litigation for California on
Q: I have a business and a lawsuit has been filed but I have not been served, can I file a cross complaint?

The lawsuit filed has frozen my ability to finance against my properties which is causing severe damage to my business. I believe the plaintiffs strategy is to block my ability to secure the financing I need to operate my business and I am confident my cross complaint will force a mediation.

Glenn B. Manishin
Glenn B. Manishin answered on Jul 22, 2017

You really mean a counterclaim. But if the complaint had not been served within the applicable time limits -- 90 days for federal court and different limit In state court -- there is no risk of an adverse judgment. You should consider moving to dismiss the case for lack of prosecution if you are... Read more »

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2 Answers | Asked in Business Law, Copyright and Intellectual Property for New Jersey on
Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?

I want to re-sell unofficial BTS clothing. BTS (Bangtan Seonyeondan) is a Korean Boy band. They are owned by the Korean record label Big Hit Entertainment, the copyright holding company. Big Hit succesfully copyrighted "BTS" in the US in April. I'm not worried about trademark infringement as I will... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Jul 20, 2017

If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would not be... Read more »

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1 Answer | Asked in Business Formation for Texas on
Q: What's the fastest way for me to incorporate my new business? How long will it take?
Glenn B. Manishin
Glenn B. Manishin answered on Jul 20, 2017

There are many online incorporation firms that will handle the paperwork for C Corp. or LLC formation, typically in about 2-3 business days or quicker with expedited service. You do not need to be a Texas corporation to do business in the state, just registration as a "foreign" company with an... Read more »

1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

The Maryland Public Service Commission recently approved electric rate increases to subsidize two offshore wind projects. In so doing it appears to have violated the Maryland Offshore Wind Act of 2013, which requires that a project must pass a cost-benefit test before the PSC can approve it. The... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Jul 14, 2017

1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.

2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to...
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1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Q: Subject Matter Jurisdiction (personal)

Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial,... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on May 25, 2017

No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.

2 Answers | Asked in Appeals / Appellate Law for Florida on
Q: Can an appeal be filed on a case affirmed by the supreme court?

Guyve Hall, Petitioner, V. Department Of Veterans Affairs Federal Court 1994 22F.3d 1104 Fed. Cir. 1994.

Glenn B. Manishin
Glenn B. Manishin answered on May 21, 2017

Only by petition to the U.S. Supreme Court if there is a federal law issue involved, and Scotus has discretion to accept the petition or deny review.

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1 Answer | Asked in Criminal Law and Communications Law for Arizona on
Q: Is it illegal for someone to read your private text messages by snooping on your phone?

My sis and I are in our 30s and do not live at home. My mom offered to take my sister's phone in for an exchange. When the software was uploaded on the new phone, old text messages (which had previously been deleted) showed up, revealing a conversation that my sister and I had. We were discussing... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on May 12, 2017

No, it's not illegal unless the mother hacked into the phone or used software to disable encyption.

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Q: The opposing party cross-appealed after I filed my appeal. What does that mean?
Glenn B. Manishin
Glenn B. Manishin answered on May 3, 2017

It means they are appealing issues decided against them as well.

1 Answer | Asked in Antitrust for Colorado on
Q: Antitrust if a large Corp was willing to restructure debt contingent on defaulting a lease of their competitor

The large corporation will take away service and supplies without this agreement which will put me out of business.

Glenn B. Manishin
Glenn B. Manishin answered on May 2, 2017

It's not possible to give a solid antitrust view of this issue with the facts you supplied. Generally. a firm can act to harm competitors, by any means, if it acts alone -- unless it has monopoly power in the relevant market. Putting competitors out of business is encouraged...that's what's... Read more »

1 Answer | Asked in Intellectual Property and Internet Law for Virginia on
Q: If I start up a website, can I quote all other websites?......

.....as long as I put the information in quotes, give the name of the site, give the name of the author if possible, and give a link to the page the quote came from?

Glenn B. Manishin
Glenn B. Manishin answered on Apr 23, 2017

The legal concept you are invoking is called "fair use" ad is an exception to copyright. You cannot duplicate a website or its pages but under some circumstances -- which vary depending on the amount, nature and context of use -- use a portion of their content. Attribution or linking is not a... Read more »

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for New Mexico on
Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content

Is this extortion? I need legal questions answered before I pursue any actions

Glenn B. Manishin
Glenn B. Manishin answered on Apr 23, 2017

If he is an employee or officer of the company, you may have a civil claim for s x discrimination or sexual harassment. If not, there may be a crime involved, extortion being one of them, so make out a complaint to the applicable police dept.

1 Answer | Asked in Contracts and Consumer Law for Illinois on
Q: Can I cancel a home improvement contract for a roofing job in Illinois after the 3-day cooling period?
Glenn B. Manishin
Glenn B. Manishin answered on Apr 20, 2017

Not unless the Illinois statute permits cancellation after expiration of that 3-day period, which is unlikely. You are always entitled to break a contract, but on pain of paying damages caused to the other party — which in this case would be required to "cover" by talking on other jobs, with you... Read more »

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