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Virginia Business Law Questions & Answers
1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Business Formation, Business Law and Cannabis & Marijuana Law for Virginia on
Q: Who gets the charges, the owner of the business or the manager for selling Cannabis in Virginia?

In a smoke shop business in Virginia, Who gets the charge or be taken to court for selling cannabis, the business owner the manager?

James L. Arrasmith
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answered on Mar 26, 2024

In Virginia, both the sale and possession with the intent to distribute marijuana carry legal consequences, which can impact both business owners and managers depending on their involvement. The law does not differentiate based on position within a company; rather, it looks at the individual's... View More

2 Answers | Asked in Banking, Business Formation and Business Law for Virginia on
Q: Do I only need a DBA in the state where my business is located or do I need DBAs in all 50 states and/or counties?

In general, are DBAs only required when market and run a domain under a different name, conduct bank transactions under a different name, or both?

For reference, I am attempting to engage in e-commerce as a sole proprietor under a different name. The business involves selling physical products.

Dominic Paul Lascara
Dominic Paul Lascara
answered on Feb 12, 2024

If you are operating your business under an "assumed" name, "trade" name or a "fictitious" name, you should file the propert fictitious name certificate in every state that you are doing business and you should confirm that your entity is authorized to do business in those states.

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1 Answer | Asked in Copyright, Business Law and Entertainment / Sports for Virginia on
Q: I'm opening up a restaurant and wanted to know if I'm able to hang up purchased pictures of Muhammad Ali I'm not selling

Want to purchase pictures of sports memorabilia and then hang it in the restaurant for design but I'm not sure if I'm allowed to do that

James L. Arrasmith
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answered on Jan 7, 2024

Generally, purchasing and displaying sports memorabilia, like pictures of Muhammad Ali, in your restaurant for decorative purposes is permissible. This falls under the concept of "fair use," particularly if the memorabilia is being used in a way that doesn't imply endorsement or... View More

1 Answer | Asked in Business Law, Civil Rights and Consumer Law for Virginia on
Q: Can a hotel refuse accommodations because I live in the same county as the hotel?

They state they don't allow county residents to stay at the hotel because of previous issues. I have never had issues with this company though.

T. Augustus Claus
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answered on Dec 14, 2023

In Virginia, a hotel refusing accommodations based on residency within the same county may raise legal questions related to business practices and potential civil rights implications. Generally, businesses have the right to refuse service, but such decisions should not violate anti-discrimination... View More

1 Answer | Asked in Business Law and Libel & Slander for Virginia on
Q: An employer wanted me to agree to take a laptop as a down payment for a service. Service not rendered nothing in writing

While I did accept the laptop, I was more under the impression It was a gift for the work I had already put in on the current project not the newly proposed project. They backed out of the agreement and sent strongly worded threatening emails. Attempted to control my social media presences and just... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. You could consult with a local attorney as to whether their actions amount to defamation - but keep in mind that such cases generally require hourly fees to law firms, win or lose. Good luck

1 Answer | Asked in Business Law, Civil Litigation, Trademark and Intellectual Property for Virginia on
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?

my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

James L. Arrasmith
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answered on Nov 17, 2023

In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

1 Answer | Asked in Employment Law and Business Law for Virginia on
Q: What can my step dad do to receive his retirement money?

My step dad retired in March 2023 from USPS and was told he would be paid his retirement within 6 months. It’s been 7 months now and there is no positive updates. He worked for them and put in his years for 30 years and he is expected to sit around and not enjoy his retirement? Luckily, he is... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 9, 2023

At this point, I can only recommend that you contract a labor law attorney. This is an attorney that handles employer and employee issues. Good luck!

1 Answer | Asked in Business Law and Identity Theft for Virginia on
Q: If I accidently lost someone's license what could happen

I work at a gym and I had either misplaced someone's license for a day pass or it got stolen from someone else. No clue at the moment. But I want to know worst case. 18 yo

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. It could depend on the person. If the person is understanding, they might handle it through DMV. Good luck

1 Answer | Asked in Employment Law and Business Law for Virginia on
Q: Can i be punished for something that occurred on my day off

On my scheduled day off, I went to a social gathering with friends and had been drinking, afterwards i went to the fast food restaurant that i work at, went through the drive-thru & purchased food. When i worked on my next scheduled shift, my general manager wrote me up. Is that legal

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

Yes, it is legal.

1 Answer | Asked in Business Law for Virginia on
Q: I am being asked to conduct a painting party at someone's home for adults. There will be no alcohol.

I think I should get a liability policy, but is there anything else I need to protect myself and my customers?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2023

A Virginia attorney could answer best, but your post remains open for two weeks. It's an individual decision, but people sometimes use liability waivers. That's something a local attorney could advise about in more detail. Good luck

1 Answer | Asked in Civil Litigation and Business Law for Virginia on
Q: Is it against the law for a restaurant owner o tell you after you’ve bought food that you aren’t allowed to sit and eat

I was on my break and just wanted to eat my lunch that I’d just bought .the owner at the Chinese food place looked at me and stated “ no you can’t eat here because it cost more and it’s a different menu . My food was only $5.36. If feels wrong I was so humiliated.

T. Augustus Claus
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answered on Aug 22, 2023

In Virginia, restaurant owners generally have the discretion to establish policies regarding whether customers can consume food on the premises after purchase. While there is no specific law mandating such allowances, it's within the owner's right to enforce their rules for various... View More

1 Answer | Asked in Contracts, Real Estate Law, Business Law and Construction Law for Virginia on
Q: I made 10% down payment cash and signed contract. The contractor is forcing me to pay all 100% before installation

I made 10% down payment via check for solar panel installation and signed contract. The company is forcing me to pay the remaining 90% before installation begins or else they won't install. There is nothing in the contract as to when final payment is due other than same day. I thought that... View More

Richard Sternberg
Richard Sternberg
answered on Jul 5, 2023

Perhaps you should have a a lawyer rev new the contract you signed?

1 Answer | Asked in Tax Law and Business Law for Virginia on
Q: Filled but it takes weeks, do I still get paid after performing work while my business wasn't being in good standing?

Filled but it takes weeks, do I still get paid after performing work while my business wasn't being in good standing?

I've since filled the back taxes and paid the fees but reinstatement takes two weeks.

What is the procedure?

James L. Arrasmith
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answered on Mar 4, 2023

If you performed work for a client while your business was not in good standing, you may still be entitled to payment for the work you performed. However, the specific procedures and requirements for payment may depend on the terms of your contract with the client and any applicable state or local... View More

1 Answer | Asked in Business Formation, Business Law and Tax Law for Virginia on
Q: I am trying to figure out what licenses I need to start my woodworking business in VA

Do I need a sellers license to sell my projects I make? Do I need any business licenses? I can’t find anything on it. Please help

James L. Arrasmith
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answered on Mar 4, 2023

In Virginia, if you are operating a business, you may need to obtain a business license from your local city or county government. This is typically done at the city or county treasurer's office. The requirements for a business license may vary depending on the location and type of business.... View More

1 Answer | Asked in Business Law, Copyright and Trademark for Virginia on
Q: Can I send a cease and desist if someone has recreated my product that’s on Etsy and is selling it as their packaging.

I own an LLC and copyright application is active and in processing. I sell digital printable online and baked goods under VA Cottage Laws

James L. Arrasmith
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answered on Feb 25, 2023

Yes, you can send a cease and desist letter if someone has recreated your product and is selling it as their packaging without your permission. As the owner of the copyright, you have the right to control the use and distribution of your original work.

In the cease and desist letter, you...
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1 Answer | Asked in Business Law, Contracts and Consumer Law for Virginia on
Q: Hello! I went to purchase a vehicle for my new business. The person at the dealership asked me to put down 2K

After looking for lenders for my loan. I was told by the finance rep to put down 2k to cover the tax and other fees at least due to the amount of the loan. At that moment, it wasn’t my intention to do so but I felt pressure to do it. Can I use any consumer law on this case?

Dragan Ivetic
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answered on Feb 10, 2023

The facts as presented in the question unfortunately are unclear as to what basis there would be for a consumer law claim.

Is there a claim of fraud or deceptive business practices? Just because you intended to do one thing and ended up doing another - does not by itself indicate fraud....
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2 Answers | Asked in Business Formation and Business Law for Virginia on
Q: Is it legal for one person to be agent for 20-40 corporations?

Is it legal for one person to be agent for 20-40 corporations under their agent address and then for these same companies to all have their headquarter address listed as the same address for all of them even though the companies aren't related to each other in anyway?

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 21, 2022

You are asking for an opinion, and attorneys only provide opinions to their clients after knowing sufficient facts to render an opinion.

I can point you to the VCC's requirements for registered agents.

Registered agents must meet the following requirements:

Be a...
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1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Should I write a letter of demand first, or should I hire an attorney and sue the other party?

In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.

In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... View More

Steven Krieger
Steven Krieger
answered on Jun 28, 2022

You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... View More

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