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1 Answer | Asked in Divorce, Family Law and Business Law for Texas on
Q: I'm filing for a divorce, my husband owns his own company, it is a S corp for tax purposes, we file our person taxes

under the company am I liable for any law suites that might happen

Kelly Case
Kelly Case answered on Aug 14, 2020

Yes.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Colorado on
Q: Can my wedding vendor steal my money and not provide the service?

I am getting married Oct 24th, and we asked a growing photographer who was a friend to take pics. No contract was signed, but I paid him. He is now moving out of state and lost the 2nd photographer and said he can't refund the money... We asked him to just photograph alongside new... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 14, 2020

That can be very frustrating.

This sounds like a breach of contract.

Just because there was no signed document does not mean there's no contract.

A contract is the agreement, not the paper.

It sounds like there was a verbal agreement to provide services in...
Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: can a member who never signed operating agreement take control of the company

An investor never signed the op agreement it's been a year and a half his attorney wants to change the entire agreement and take control of my company in Tennessee

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 14, 2020

I can't tell if the member just never signed or has been objecting for a year and a half as to the contents of the agreement. Lot of details needed to be able to respond to this meaningfully. For instance does the "member" supposed to have a controlling interest- investment. How... Read more »

1 Answer | Asked in Business Law for California on
Q: If people buy stickers from me and I enter the names into a giveaway for a free painting is that illegal?
Maurice Mandel II
Maurice Mandel II answered on Aug 13, 2020

It could be if the people are giving you their personal information confidentially and the "giveaway" is being run by some other person. Then you are disclosing their personal information. Better to disclose that you plan to do this and provide them the choice to opt out.

Justia...
Read more »

2 Answers | Asked in Contracts and Business Law for New Jersey on
Q: Can I cancel my wedding in NJ in 11/2020 under the impossibility clause for a full refund due to COVID?

I signed a contract and have paid. My fiancé is being deployed next year so we cannot reschedule. The venue is making changes to what is in my contract due to COVID restrictions and I want to just cancel and be refunded.

Melissa Totaro
Melissa Totaro answered on Aug 13, 2020

In addition to whatever the terms are in your contract, there are principals of general contract law regarding unforeseeable intervening events, impossibility and frustration of purpose that may apply to your situation. In addition, if the venue refuses to allow you to cancel and return your... Read more »

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1 Answer | Asked in Business Law for Colorado on
Q: If my business partner and I are not working out in our 50/50 partnership, am I able to dissolve the company on my own?
D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 12, 2020

You likely don;t have the authority to do that.

It's better if you can come to an agreement on winding down the partnership and put that in writing.

Then there's no concern of a future lawsuit.

1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Can I open a gym out of my garage for profit?

My roommate wants to start a gym out of our garage

Tim Akpinar
Tim Akpinar answered on Aug 11, 2020

A Texas attorney could advise best, but your question remains open for two weeks. As a GENERAL matter, it could depend zoning laws, municipal ordinances/codes, and other possible regulations or community guidelines. It sounds like the property is yours, but if you rent, the terms of a lease could... Read more »

1 Answer | Asked in Business Law and Employment Law for Arizona on
Q: if i have a non compete with a former employer and that owner sells the company is the non compete still valid?
Peter H. Westby
Peter H. Westby answered on Aug 11, 2020

It might still be valid. This depends upon how the sale was structured and the agreements made with the buyer. I recommend that you discuss with an employment law attorney before you make any decisions.

1 Answer | Asked in Business Formation, Business Law and Immigration Law for Georgia on
Q: I'm running a small business online and I'm looking to hire a helper. However my immigration status is pending I-485.

I already received an EAD. What should I proceed? Do I need an LLC? Can I hire someone (with my immigration status stated above)? Thank you!

Adan Vega
Adan Vega answered on Aug 11, 2020

The employment authorization document (EAD) issued to you by USCIS authorizes your lawful employment while you await the adjudication of the FORM I-485. You can register an LLC if you are able to fulfill all of the state requirements of the state where you intend to operate your business. You can... Read more »

1 Answer | Asked in Business Law and Contracts for Colorado on
Q: Is it a crime that I failed to provide my Client with a copy of his signed agreement when we first got started?

I started working with a roofing Client in August of 2019, this month marks his 1 year wrap up and instead of renewing he is threatening me with legal action because he's upset about COVID and the complete lack of business, traffic and conversions on his website, all out of my control as... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Aug 11, 2020

No it's not a crime.

How did he sign the agreement it without a copy of the agreement?

Sounds like he's looking for any reason not to pay.

1 Answer | Asked in Business Law, Contracts, Insurance Bad Faith and Insurance Defense for Wisconsin on
Q: With consent, can I create an account for another person for liability insurance and purchase a policy on their behalf?

Basically, I want to purchase on-demand liability insurance for independent contractors that get jobs through my site and I want to know if it is illegal to make this purchase as if I am them if I have their consent in signature form.

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A Wisconsin attorney could answer best, but your question remains open for three weeks. Insurance is generally governed by state laws, but as a general matter, if information falls through the cracks and the carrier raises a defense that they were not provided with accurate information as to a... Read more »

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for California on
Q: What is best for me llc or corporation i want to start a business buying properties in other states and rent them out
Joshua Kroot
Joshua Kroot answered on Aug 9, 2020

There are a few factors that will play into your decision, including how many properties you are planning on holding, whether there will be other owners, partners or investors in the business, and what your tax situation is. Often, real estate holding companies will be structured as LLCs. Many... Read more »

1 Answer | Asked in Business Law on
Q: Is it illegal for a fast food business to deny service to an individual Who refuses to wear a mask due to asthma?
Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

Different states have different executive orders and conditions for public spaces, but nationwide, the overall policies are behind establishments that require masks, in some cases excused with doctor's note. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Civil Litigation and Small Claims for Florida on
Q: Can a shipper avoid carrier's limit of liability and file a small claims for actual cost of cargo?

- no shipper's written declaration of the

shipper's choice of liability.

-no reasonable opportunity to

choose between two or more levels of liability.

-bill of lading after cargo damage

Damage caused by gross negligent of carrier when loading... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2020

None of this makes any sense-unless it is the meat of some law school exam question. Have a nice weekend.

1 Answer | Asked in Business Formation, Business Law and Trademark for New York on
Q: I want to start promoting my business but I dont want anyone in the nation to take my business name. How would I protect
Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

Contact a trademark attorney and/or additionally repost your question in the Trademark section. Good luck

Tim Akpinar

1 Answer | Asked in Business Formation, Business Law, Contracts and International Law for Texas on
Q: Can I hire international contractors for video content creation for my online only business?

I want to start an online yoga studio that provides live classes and video library of the recorded live classes. For this, I plan on working with yoga teachers from around the world.

My question is, can I form my business as an LLC and hire them as independent contractors to provide me... Read more »

Jane Kim
Jane Kim answered on Aug 7, 2020

Yes.

A business can tap into sub-contractors' labor and may solely rely on sub-contractors. It signifies that you do not have much control over their work. A good overview of what factors would be considered an independent contractor v. employee can be found here-...
Read more »

3 Answers | Asked in Employment Law and Business Law for California on
Q: vendor not releasing payments from past few months and what should I do?

We have been waiting from past few months for payments from vendor, they are asking ask for settlement but we are decided to file a petition in court? What steps need to be taken and how long will my petition will take?

Neil Pedersen
Neil Pedersen answered on Aug 7, 2020

It depends on how much is involved in this dispute.

If the amount in controversy is $10,000 or less you can proceed through small claims court and probably get a judgment in a matter of months, once the courts open back up.

If the amount is greater than $10.000 then you will have...
Read more »

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: If someone signs a JV contract with an LLC name that has not been filed, can I void it?

A joint venture contract was signed and the other person put a name of an LLC that was not filed until the following day, it showed up officially about 5 days later on sunbiz.org. I want to know if I can claim this contract void if the day of signing the agreement, their LLC did no exist.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

No, the filing on Sunbiz relates back so as to ratify the contract.

1 Answer | Asked in Business Law, Copyright and Trademark for Michigan on
Q: Can I use an acronym like G.O.A.T. in my business marketing materialand website? Or can someone actually trademark this?

The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.

Kathryn Perales
Kathryn Perales answered on Aug 5, 2020

Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... Read more »

2 Answers | Asked in Intellectual Property, Trademark and Business Law for Massachusetts on
Q: I intend to register a trade mark.

l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.

Evelyn Suero
Evelyn Suero answered on Aug 5, 2020

Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling... Read more »

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