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Minnesota Business Law Questions & Answers
0 Answers | Asked in Business Law for Minnesota on
Q: alternatives to this case what are practical constraints? who are the stakeholders

The case is the Martha Stewart, ImClone Case

These are sub-section questions to my civic engagement paper. I sure that one of the alternatives listed was New trial or evidentiary hearing. Which I am not sure exactly what that is

How would you describe the ethics to the alternatives?

0 Answers | Asked in Business Law, Collections and Small Claims for Minnesota on
Q: Can an installation company in Minnesota throw away customer’s property if not paid upfront for the work?

Vinyl graphics were shipped to an installer in Minnesota, now they are threatening to throw away the graphics if they are not paid upfront for the job.

1 Answer | Asked in Patents (Intellectual Property) and Business Law for Minnesota on
Q: If I have an investor , and the patentholder dies, is it possible for the investor to file claim to that patent?
Stephen E. Zweig
Stephen E. Zweig
answered on Feb 3, 2023

It depends on how ownership of the patent is structured, and the terms of the investment.

For example, investors often require that the inventor assign the patent to a company. The inventor will presumably own shares in the company. When the investor invests, then the investor owns shares...
Read more »

1 Answer | Asked in Business Law and Tax Law for Minnesota on
Q: What are the steps to establishing a small business in Minnesota?

The business would be massage therapy and I would be renting space from a salon in town. I want to make sure I am establishing the business correctly and charging the right amounts for tax purposes and filing my taxes appropriately.

William Bailey
William Bailey
answered on Mar 17, 2021

You should consult directly with a business law firm as this is much more complicated than can be fully answered on an internet forum like this.

1 Answer | Asked in Business Law for Minnesota on
Q: I PAID TO GET MY VEHICLE FIXED, AND THE PLACE OF BUSINESS DIDN'T FIX MY CAR PROPERLY. I PAID FOR A WELDING JOB.

THEY PUT BOLTS INSTEAD. THE BOLTS ARE BROKE NOW. I PAID OVER A THOUSAND DOLLARS FOR THREE BOLTS.

William Bailey
William Bailey
answered on Nov 19, 2020

I'm sorry to hear that. Do you have a question about the situation?

1 Answer | Asked in Business Formation and Business Law for Minnesota on
Q: If I come up with a business name how to I find out it's not take or trademark? In case someone sues me.
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2020

You chose logical categories for your post, but it remains open for four weeks. There's no guarantee every post is picked up, but your question could have better chances of a meaningful response in the Trademark category - you recognized the issue as well. Trademark is in the same categories... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... Read more »

Carrie Dyer
Carrie Dyer
answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... Read more »

1 Answer | Asked in Business Law and Employment Law for Minnesota on
Q: If I was approved an FMLA but then furloughed by the company, do days associated with furlough count towards the FMLA?

...

Paul Lelii
Paul Lelii
answered on Jun 17, 2020

Sir, this is a general opinion about the FLMA law. A full-blown investigation is required to really understand the facts of your case. See www.leliilaw.com. Paul Lelii 651-587-9663

Whether an employer may count a holiday against an employee's Family and Medical Leave Act (FMLA)...
Read more »

1 Answer | Asked in Business Law for Minnesota on
Q: If I payed myself at my company would that be embezzlement
Lucas Wynne
Lucas Wynne
answered on Apr 11, 2020

This question is way too vague. Can you embezzle from a company holding money that belongs to you and is owned 100% by you? Very unlikely.

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Minnesota on
Q: I’m in the pre-startup phase of forming my company and I’m looking for employees to “hire“.

My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?

Carrie Dyer
Carrie Dyer
answered on Apr 8, 2020

If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.

1 Answer | Asked in Business Law for Minnesota on
Q: A "Domestic Corporation" is defined as a small privately held corporation that operates exclusively in the United States

A "Domestic Corporation" is defined as a small privately held corporation that operates exclusively in the United States with no business in international commerce? TRUE or False

Michael Doland
Michael Doland
answered on Dec 24, 2019

Your true or false questions are quite irritating. We are lawyers, not high school students. False. A domestic corporation means a corporation operating in the state where it was incorporated.

1 Answer | Asked in Business Law for Minnesota on
Q: Generally, owners of a corporation "members" are prohibited from filing lawsuits against the corporation? True or False

Generally, owners of a corporation "members" are prohibited from filing lawsuits against the corporation? True or False

Michael Doland
Michael Doland
answered on Dec 24, 2019

Your assumption is totally incorrect. Owners of a corporation are called shareholders. Owners of an LLC are called members.

1 Answer | Asked in Business Law and Intellectual Property for Minnesota on
Q: I brought my own CAD software and computer to use at work after signing an NDA with a new employer. Is the NDA valid?

More specifically the CAD software is pirated and unlicensed and has been used in engineering and designing products for a manufacturing business.

Andrew Zulieve Esq
Andrew Zulieve Esq
answered on Jan 31, 2018

Yes.

1 Answer | Asked in Business Law and Juvenile Law for Minnesota on
Q: In Minnesota are there regulations regarding minors and being on a board for a nonprofit organization?
Joseph A. Gangi
Joseph A. Gangi
answered on Jan 18, 2018

Look at section 317A.205, which currently provides: "The qualifications and method of election or appointment of directors may be imposed by or in the manner provided in the articles or bylaws, provided that directors must be natural persons and a majority of the directors must be... Read more »

0 Answers | Asked in Business Law and Employment Law for Minnesota on
Q: Can my boss ask for validation from a family member about whether or not I have a chronic illness?

Can my boss ask for validation from a family member about whether or not I have a chronic illness? I work at a company that a cousin of mine works at as well, although she works in a different department. I had previously informed my employer that I have a chronic illness (lupus) and yesterday I... Read more »

1 Answer | Asked in Criminal Law and Business Law for Minnesota on
Q: If we are trying to serve a CEO of a busines can we serve him at his home and not the business?
Lucas Wynne
Lucas Wynne
answered on Nov 2, 2017

Unfortunately, this question is too vague and too specific to answer here.

1 Answer | Asked in Business Law for Minnesota on
Q: Is it legal to use a different name for a shop name online, instead of the registered name I have for my business?

Some online print on demand websites, like zazzle, allows designers to open different shops with different names for the shops. However I have a registered business name under the state of MN. Do I have to use that registered name for the shop name or can I use a different name, that I may like... Read more »

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 11, 2017

To be safe, consider filing a certificate of assumed name.

1 Answer | Asked in Business Law, Copyright and Trademark for Minnesota on
Q: When the Justia site says something has a registered "wordmark" do you mean the LOGO or the company name in body copy?

I am a proofreader and I am trying to determine if a trade name can appear in body copy/regular font with a circle-R. My understanding is that this is a "wordmark"? And that this is a different registration than the trademark within a LOGO.

Barbara Berschler
Barbara Berschler
answered on Sep 4, 2017

If a mark is designated as a "registered" mark, that means it is registered in the USA with the United States Patent & Trademark Office (USPTO) for goods (a "trademark") or for services (a "service mark"). Marks can take different forms, such as simply words;... Read more »

1 Answer | Asked in Copyright, Business Formation and Business Law for Minnesota on
Q: Is it ilegal to open a bar that is from a TV show idea not the actual show
Lucas Wynne
Lucas Wynne
answered on Aug 12, 2017

This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.

1 Answer | Asked in Consumer Law and Business Law for Minnesota on
Q: Is it legal to sell or resell consumer electronics over the phone and online via recurring payments?

As an LLC with 2 employees, if I were to call customers--with respect to the dNC list-- and have a website to sell or resell consumer electronics at a low initial investment but higher profit margin via recurring payments over 6-15 months like a laptop or tablet for example charging the consumer 12... Read more »

Lucas Wynne
Lucas Wynne
answered on Jan 25, 2017

Although you would be wading into a grey area, I would state that there are certainly ways for the original manufacturers to sue you in this scenario. I suggest becoming an authorized retailer/reseller rather than attempt to game the system. I would also add that becoming an authorized reseller... Read more »

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