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Questions Answered by Glenn B. Manishin
1 Answer | Asked in Communications Law, Constitutional Law and Mergers & Acquisitions for Michigan on
Q: is it illegal for a news company to distribute fake news? Is it illegal for private individuals to distribute fake news?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 15, 2017

No and no. Individuals may have a right to sue and recover for libel/defamation however if named in and injured reputationally by fake new stories.

2 Answers | Asked in Business Formation for South Carolina on
Q: I am purchasing a small business in South Carolina, if I feel confident I do the paperwork right, do we need a lawyer?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 15, 2017

That's completely your decision, because companies can act through their officers except with respect to appearing in court. It is recommended that one at least consult a business attorney to make sure you have not overlooked any material issues or misconstrued the "standard" clauses... View More

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1 Answer | Asked in Business Formation on
Q: I have ideas to start online businesses and would like to know if I could form a holding company as my overall entity
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 15, 2017

It is very simple to form a single-owner limited liability company (LLC) in most states and typically can be done online without an attorney. Caution, though, is due because failure to follow the "corporate formalities" — which are lighter in the LLC context than traditional... View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New York on
Q: Understanding the score of a specific patent

https://www.google.com/patents/US9383820

Hello, I want to understand the scope of this patent. From what I saw they are patenting custom vibration patterns in relation to creation of alerts. Though, I do not understand if they are patenting the custom vibration patterns or the custom... View More

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

The scope of patent claims and their validity are really tough issues that warrant you retaining a patent specialist attorney and possibly challenging the referenced patent before the PTO.

Q: Q if the terms revocable & irrevocable or even termination are missing from a patent license? Can it be terminated

Hi,

My question was if the terms revocable & irrevocable or even termination are missing from a patent license.

Can the patent license be terminated if the licensee has breached by filing a new patent with improvements made under the company, but the director files the patent... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 10, 2017

A patent license is a contract and thus a material breach by the licensee allows the licensor to terminate as a matter of general contract law even though there is no contractual process for termination. Breach should also entitle the licensor to monetary damages reflecting injuries it has suffered... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Q: I put in appeal and was wondering if it goes with the judge that sentenced you or does it go to the appeals court
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 10, 2017

If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at http://www.nmcourts.gov/Self-Help/self-help-guide.aspx, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.

1 Answer | Asked in Contracts for Iowa on
Q: Me and some friends are starting a independent music business. Should we have a contract ?

Being an independent business, does that mean we dont need a contract ? Do you always want to have a contract no matter what ?

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 8, 2017

It is always best to have a written contract. Note that a contract can be formed orally or by the actions of the parties, and sometimes the law will "imply" a contract to prevent unjust enrichment or other injustice. Since many businesses fail, a written contact would avoid... View More

1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: If I publish a story to a magazine, do they just have rights to the story, or are any concepts or characters theirs too?

Say I publish a story to an anthology work like the magazine Asimov's, and it takes place in a fictional world populated by a cast of specific characters. Does this submission give them rights to the specific story or work only, or does it also give them rights to the characters that appear in... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 8, 2017

Copyright applies to the "work" -- the story -- not ideas. Characters can be protected by trademarks, like Mickey Mouse. Unless you give away your rights to the characters, the magazine cannot use them without your permission in another story or any publication simply as a result of... View More

2 Answers | Asked in Consumer Law, Appeals / Appellate Law and Banking for New Jersey on
Q: how do i appeal a class action southern district of ny i was an objector and class member ?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

If you "opted out" of the class action lawsuit, you need to file your own civil suit.

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1 Answer | Asked in Appeals / Appellate Law, Business Law and Gov & Administrative Law for Virginia on
Q: Would an ethics committee have authority to to enforce a decision that does not correlate to a specific rule?

During the recent snow it was declared a state of emergency. When we couldn't attend the event. The host refused to reimburse the fees. Our ethics committee of the athletic association strongly recommended they reimburse. The host refused. We are appealing to the National board of directors.

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

The question requires clarification. What sort of ethics committee is involved, what industry/occupation and what grounds did the body give for its decision? Is enforcement being sought via the courts or in a private licensing/certification setting? For example, if this were a legal ethics matter,... View More

1 Answer | Asked in Contracts and Collections on
Q: How to get money from USA client?

I am an Indian software QA freelancer and my client in USA owes approx $ 9000 he is saying he currently has no money to pay out. What to do? How can I file a law suite against the company?

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

You will probably need to retain a lawyer in order to file a lawsuit, as $9,000 is above the "small claims court" limit in most states of the US. That amount does not qualify for federal (U.S.) court jurisdiction, so the state courts where the company is located are where you need to... View More

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: I am a Member of a 2 member LLC, i am looking to buy out my partner with business funds. Is this legal? in Michigan

We have no operating agreement but are in complete agreement about an equal payout for 50% interest in the company. At which point the other member will withdraw from the LLC. What Documentation is Necessary and what are the tax implications? Is it possible to structure the payout as part cash and... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

All of that is possible, since an LLC is essentially a partnership in corporate form providing limitations on the personal liability of the members. Even a simple bill of sale would be sufficient documentation. The tax impact depends on the other member's "capital account," as for... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Oklahoma on
Q: Had 1st hearing in a junk-debt case, argued Plaintiff's exhibits were hearsay, judge gave me 30 days to talk to a lawyer

The debt is a credit card debt. My written response included many objections, but at the hearing I simply argued that the Plaintiff's exhibits were hearsay and that without evidence of a *written* contract, the statute of limitations would be 3 yrs, which had already elapsed by the time the... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

If this is a trial, as opposed to summary judgment or motion to dismiss, an affidavit is inadmissible, so your question is difficult to understand. Get a lawyer, as you are plainly prejudicing your rights by representing yourself.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: timber trace apartments tells tenants they have high speed internet service and its false.

when I moved to this complex they promised high speed internet service for 45.00 . there speed are horrible at 2mps down and almost 0 up . this is false advertisement and they are ripping off the tenants. most of the time the service is down and when its up you cant game you cant stream videos and... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 6, 2017

You appear to be able to satisfy the elements of a fraud/misrepresentation claim. However, note that in Florida, a tenant cannot withhold rent from the landlord without sending a notice and allowing the landlord time to cure the non-compliance, violation or default of its obligations. Failure to... View More

2 Answers | Asked in Antitrust for California on
Q: My competitor is selling at below cost - is that an antitrust violation?
Glenn B. Manishin
Glenn B. Manishin
answered on Feb 7, 2017

The predominant antitrust rule is that below-cost sales must be (1) by a firm with monopoly power, (2) less than marginal or incremental cost, (3) not promotional, and (4) likely to be "recouped" in the future with price increases. Thus, in most markets, where there is no monopoly firm,... View More

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2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for Ohio on
Q: Transferring ownership of single member LLC from father to son in Ohio, what needs to be done for this to happen?

Family business been around since 1998, became a single member LLC in Ohio in 2013 (though a disregarded entity/sole proprietorship to the federal government). We're looking to transfer ownership from fathers name to sons. Outside of getting account (banking, insurance, etc) setup in new... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Feb 1, 2017

The IRS assigns EINs to the legal entity, not individual member(s). As a single-member LLC, a sales agreement transferring your LLC shares (membership units) to your son should be sufficient. You should ensure as due diligence that the company's contracts with vendors, customers, etc., are all... View More

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1 Answer | Asked in Internet Law for Florida on
Q: US American IT & Internet Law

Dear All

We are planning to launch a Platform as a Service in the hospitality sector in United States (Florida). The clubs should sign up on our online platform where they can post their venues for possible guests. Well, as a startup it's hard gaining clubs as our clients especially... View More

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 30, 2017

It's not a simple question, but if you "scrape" only publicly available information and do not copy the exact verbiage — plus avoid using trademarked logos — the site should be safe. Your reference to uploading "flyers" is problematic, though, because copyright law... View More

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is there a time limit on when I can file an appeal on a social security decision?
Glenn B. Manishin
Glenn B. Manishin
answered on Jan 27, 2017

There is always a time limit on an appeal. If this is an SSA administrative denial, you have 60 days. See https://www.ssa.gov/disabilityssi/appeal.html and www.socialsecurity.gov/disability/appeal.

1 Answer | Asked in Consumer Law and Internet Law for South Carolina on
Q: Magistrates Court-is material posted on Microsoft's own webpages Microsoft Community hearsay

web address: support.microsoft.com/en-us/products/windows, displays Microsoft Community ; do rules allow this to be admitted in Magistrates Court or will it still be considered "hearsay"

Glenn B. Manishin
Glenn B. Manishin
answered on Jan 27, 2017

Any out-of-court statement or writing is hearsay if offered as evidence to prove the truth of the statements unless offered against the author. And there are lots of exceptions. If you intend to show that these MSFT "help" pages exist — if the point is that MSFT publishes Windows 10... View More

1 Answer | Asked in Intellectual Property for New York on
Q: Can an employee of the USCO speak on the contents of a claim?

I recently registered a copyright claim with the USCO. The contents included a detailed description of an idea I had. Now I'm worried that since ideas can't be copyrighted, an employee of the USCO could legally share the idea with a third party. Owning the text that describes the idea on... View More

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

The copyright registration application is a public record available for inspection and copying by anyone, see https://www.copyright.gov/title37/201/37cfr201-2.html, but the U.S. Copyright Office and its employees are generally prohibited from "sharing" the contents of applications with... View More

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