Questions Answered by Glenn B. Manishin

Q: Is it possible for buyers (rather than sellers) to be accused of price-fixing?

2 Answers | Asked in Antitrust for California on
Answered on Aug 17, 2017
Glenn B. Manishin's answer
Absolutely yes. Fixing the price of goods or services purchased by buyers is just as per se unlawful as price fixing among sellers.

Q: Can I post content in blogs with the knowledge I acquired from courses online?

1 Answer | Asked in Intellectual Property on
Answered on Aug 14, 2017
Glenn B. Manishin's answer
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 terms and conditions so she with the courses to see if the license imposed on the additional restrictions.

Q: I signed a contract to plant trees and nothing else. Boss forced me to do other work and got injured, partly disabled.

1 Answer | Asked in Business Law, Contracts, Employment Law and Personal Injury on
Answered on Aug 11, 2017
Glenn B. Manishin's answer
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.

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

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arizona on
Answered on Aug 7, 2017
Glenn B. Manishin's answer
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 significant amount of money involved, it would be strongly recommended to consult an attorney before taking further action.

Q: Landlord showed and entered our home without letting us know first. Does this terminate our lease?

2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Landlord - Tenant for Florida on
Answered on Aug 7, 2017
Glenn B. Manishin's answer
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.

Q: Can my girlfriend live with me without being on the lease?

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Aug 5, 2017
Glenn B. Manishin's answer
That depends on the terms of the lease. It is unlikely Tennessee has a statute covering those circumstances.

Q: I was just curious as to if you can own A law firm without being a lawyer in the state of Indiana?

2 Answers | Asked in Business Law for Indiana on
Answered on Aug 4, 2017
Glenn B. Manishin's answer
Every state bar prohibits non-lawyers from owning a legal practice as a matter of ethics.

Q: Internet Only business - Does it need to file as a foreign business entity in Virginia?

1 Answer | Asked in Business Formation, Business Law and Internet Law for Virginia on
Answered on Aug 4, 2017
Glenn B. Manishin's answer
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" corporation if in operated in another state.

Q: I have a business and a lawsuit has been filed but I have not been served, can I file a cross complaint?

3 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Jul 22, 2017
Glenn B. Manishin's answer
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 not served promptly.

Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?

2 Answers | Asked in Business Law, Copyright and Intellectual Property for New Jersey on
Answered on Jul 20, 2017
Glenn B. Manishin's answer
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 lawful. (Lyrics are covered by copyright, and the same considerations apply.)

Q: What's the fastest way for me to incorporate my new business? How long will it take?

1 Answer | Asked in Business Formation for Texas on
Answered on Jul 20, 2017
Glenn B. Manishin's answer
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 in-state registered agent.

Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on
Answered on Jul 14, 2017
Glenn B. Manishin's answer
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 the regulatory proceeding, but I do not know what MD law says on that subject. One way to cure such a default would be to petition the MPSC for reconsideration, since under § 3-294, "if a rehearing...

Q: Subject Matter Jurisdiction (personal)

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Answered on May 25, 2017
Glenn B. Manishin's answer
No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.

Q: Can an appeal be filed on a case affirmed by the supreme court?

2 Answers | Asked in Appeals / Appellate Law for Florida on
Answered on May 21, 2017
Glenn B. Manishin's answer
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.

Q: Is it illegal for someone to read your private text messages by snooping on your phone?

1 Answer | Asked in Criminal Law and Communications Law for Arizona on
Answered on May 12, 2017
Glenn B. Manishin's answer
No, it's not illegal unless the mother hacked into the phone or used software to disable encyption.

Q: The opposing party cross-appealed after I filed my appeal. What does that mean?

1 Answer | Asked in Appeals / Appellate Law for Illinois on
Answered on May 3, 2017
Glenn B. Manishin's answer
It means they are appealing issues decided against them as well.

Q: Antitrust if a large Corp was willing to restructure debt contingent on defaulting a lease of their competitor

1 Answer | Asked in Antitrust for Colorado on
Answered on May 2, 2017
Glenn B. Manishin's answer
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 competition is all about. You may have a "business tort"

claim, but not an antitrust cause of actin.

Q: If I start up a website, can I quote all other websites?......

1 Answer | Asked in Intellectual Property and Internet Law for Virginia on
Answered on Apr 23, 2017
Glenn B. Manishin's answer
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 defense or sufficient by itself alone. You should seek counsel on this from someone who knows the application of copyright to website "scraping."

Q: I have a man who has threatened to email my boss in hopes of getting me fired on top of saying suggestive content

1 Answer | Asked in Criminal Law, Communications Law, Federal Crimes and Libel & Slander for New Mexico on
Answered on Apr 23, 2017
Glenn B. Manishin's answer
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.

Q: Can I cancel a home improvement contract for a roofing job in Illinois after the 3-day cooling period?

1 Answer | Asked in Contracts and Consumer Law for Illinois on
Answered on Apr 20, 2017
Glenn B. Manishin's answer
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 potentially liable for the difference in lost profits to the contractor. If misrepresentation or fraud was involved, you have other legal options as well.

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