Business Law Questions & Answers

Q: design an illegal content app

1 Answer | Asked in Personal Injury, Business Law and Internet Law for Florida on
Answered on Jul 21, 2016

I believe I answered this but if the risk is jail time you always want to contact a criminal defense attorney and if necessary pay for the consultation. Depending on the nature of the site, if it was for instance involved in child porn or a fraudulent scheme it's possible you could face charges.
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Q: is a former partner in a corporation liable in a lawsuit brought after they have left the partnership?

1 Answer | Asked in Business Law for Minnesota on
Answered on Jul 21, 2016

Unfortunately, this question is too broad to answer and the correct answer is highly dependent on the facts of your particular case.
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Q: Should I report a corporation filing Chapter 7 and hiding its main asset in a US shell LLC & has also commingled funds?

1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Colorado on
Answered on Jul 16, 2016

There are a lot of things to consider here. I understand that you want to do the right thing, but you may be subject to NDAs (non-disclosure agreements) and other potential violations of privacy/confidentiality. The best advice is to contact a lawyer directly (at least the discussion will be confidential). There are some risks and potential rewards to whistleblowing--it is important to you know all the consequences before making a decision. Free to low cost attorneys can be found here:...
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Q: I needs similar case for this: I bought a business, they showed me false tax return, overstated revenue

1 Answer | Asked in Business Law for New York on
Answered on Jul 15, 2016

See if this helps: INTER-ATLANTIC FUND, LP v. ALVARO, 2007 NY Slip Op 30698 - NY: Supreme Court 2007
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Q: Do you need FDA approval to resell an imported Personal Lubricant product on Amazon?

1 Answer | Asked in Business Formation, Business Law, Products Liability and Consumer Law for North Carolina on
Answered on Jul 8, 2016

If you are packaging it from bulk for resale, probably. If you are just reselling a sealed package you have, I don't believe so but if you are a business why not contact your lawyer or insurance company.
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Q: Can a small business host online raffles/lottos?

1 Answer | Asked in Business Law for Washington on
Answered on Jul 6, 2016

Maybe. Online prize law is not a well developed area of law yet, and involves not only the consumer protection act, but banking and sometimes securities laws as well. The state statute RCW 19.170 (http://app.leg.wa.gov/RCW/default.aspx?cite=19.170&full=true) governs promotions, disclosures and violations with regard to consumer protection. RCW 19.240 (http://app.leg.wa.gov/RCW/default.aspx?cite=19.240&full=true) governs gift certificates. You might want to start there, or consult an attorney...
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Q: I had to close a business due to lack of funds, my employees are due 2-3 weeks of salary.

2 Answers | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Answered on Jul 5, 2016

They could sue the corporation, but would probably not be successful in suing the corporation, assuming that they were employed by the corporation and that you didn't personally guarantee their pay.
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Q: What is the statute regarding qualifications of auto appraisers in New Mexico? Do they need to be licensed?

1 Answer | Asked in Business Law and Car Accidents for New Mexico on
Answered on Jul 4, 2016

Insurers don't like diminished value claims. If third party accepted liability, you should have an attorney to work on your injury case. If not, contact a member of the NMexico Trial Lawyers Association--they give free consultations.
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Q: Is a broad, general non-compete agreement legal in NC in case where current employer is being bought out by another co?

1 Answer | Asked in Business Law, Contracts and Employment Law for North Carolina on
Answered on Jul 1, 2016

Many facts will be relevant and you will want to discuss this with an attorney. Ultimately your defenses to this non-compete will be determined by a Judge and their opinion on whether the time and territory is overly broad or if another defense exists. It does sound like the time and territory would be overly broad in North Carolina for the position described. The fact that nothing is being offered to sign would be a complete and total defense to the document. Be careful as a payment as...
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Q: Can i be sued for selling MLM items online at Amazon/Ebay?

1 Answer | Asked in Intellectual Property, Business Law, Consumer Law and Internet Law for North Carolina on
Answered on Jul 1, 2016

Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very least. These suits can have high penalties that would dwarf any profits you might receive from selling the products online.
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Q: If I create a LLC and make a single Living Trust the only member would that be a disregarded entity?

1 Answer | Asked in Estate Planning and Business Law for North Carolina on
Answered on Jul 1, 2016

My guess is that this arrangement is unnecessarily complex and you should discuss with a competent attorney in your state what your goals are with this arrangement. Generally LLCs are disregarded entities for taxes. You could elect to have the LLC taxed as a C-Corp if you wanted corporate taxation. Trusts can be drafted to be disregarded or to be their own taxable entity. Trust tax brackets and corporate tax brackets are different from individual tax brackets so make sure what you are doing...
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Q: If the power of attorney on a firm has nothing to say about authorization to sell it, can the Attorney-in-fact sell it?

1 Answer | Asked in Business Law on
Answered on Jul 1, 2016

It is difficult to tell from the question what authority has been granted. A power of attorney may not need a specific reference to the business if it otherwise allows for the sale of that class of assets. A power of attorney is limited to what it authorizes. You should contact an attorney in your state for more information.
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Q: I live in Ohio and submitted a home fence project for bids. A company in Indiana won the bid.

1 Answer | Asked in Business Law, Contracts and Elder Law for Ohio on
Answered on Jun 28, 2016

At this point, it may be best to engage an attorney to contact them and get the check returned so you can hire another company. Alternatively, you could file a lawsuit for breach of contract and conversion, or call the police. Many police departments have begun treating these got the money and never started work construction issues as thefts.
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Q: I was a Victim of a Bank or Business Scam, I do not know the type of lawyer to get.

1 Answer | Asked in Criminal Law, Personal Injury, Banking and Business Law for Florida on
Answered on Jun 28, 2016

First you need an accountant, secondly you need a consumer attorney--look for a local member of naca (www.naca.net)
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Q: Do I need a business license in tn to clean houses on the weekend to make extra cash?

1 Answer | Asked in Employment Law and Business Law for Tennessee on
Answered on Jun 27, 2016

Check you local city or county governments. The State of Tennessee does not license this type of service, but many local governments do. Its most likely simply an annual fee, but some occupations are exempt.
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Q: How do I legally protect myself as an individual house cleaner with no license?

1 Answer | Asked in Business Law for Tennessee on
Answered on Jun 27, 2016

I think more information is needed. What danger is there that you need protection for? As you mention, I don't think The State of Tennessee requires or issues a license for house cleaning services, but you should check the city and county where you live, those authorites may require you to obtain a business license ( but this is not something that will require a test or examination, etc- you just pay a fee for it). If you are concerned about liability as a sole proprietor, you can considered...
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Q: I have completed a deferred felony sentence. CO state license application defines a conviction as "having plead guilty"

1 Answer | Asked in Criminal Law and Business Law for Colorado on
Answered on Jun 25, 2016

I recommend that you review your plea agreement. Does it require that you plead guilty as a condition of the plea?
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Q: How can I find out if a company out of state really exists?

1 Answer | Asked in Business Law for Ohio on
Answered on Jun 16, 2016

The secretary of state's website generally has a search feature allowing you to find out whether a company is registered in that state as a corporation, and who registered it. However, the minimal requirements for registering a corporation, can make it difficult to determine how real a registered company is.
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Q: Can a dangerous felon hold a Realtor's Broker's License in the State of Florida?

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Answered on Jun 15, 2016

"475.17 Qualifications for practice.—

(1)(a) An applicant for licensure who is a natural person must be at least 18 years of age; hold a high school diploma or its equivalent; be honest, truthful, trustworthy, and of good character; and have a good reputation for fair dealing. ...". I see no specific prohibition for dangerous felons, but obviously the "good character" provision may apply, unless the person is found to have reformed.
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Q: Is it illegal for me as a rent to own business to tell a probation officer that his client stole merchandise from us

1 Answer | Asked in Business Law for Florida on
Answered on Jun 15, 2016

No, there is no reason for you not to tell the P.O. about this. I am frankly puzzled as to why you feel this might be a problem.
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