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Business Law Questions & Answers
1 Answer | Asked in Business Formation and Business Law for California on
Q: If I have an LLC with DBAs set up under it, do my social media and online profiles need to match DBA name exactly?

If I'm a freelancer that does business on sites like Fiverr and Upwork, do my screen/profile names need to exactly match my DBA name?

From what I've read about LLCs, everything says you must make it clear you're operating as a business/LLC. So, in this case, if I have set up... Read more »

Julie King
Julie King answered on Jan 15, 2021

I believe you are asking if your web address and user names need to match your business' name. If so, the answer is no. BUT, you are correct when you say you must make it clear that you are operating as a limited liability company, so your footer, signature, and other public information should... Read more »

1 Answer | Asked in Business Law for Texas on
Q: Are managers/members of a forfeited LLC permitted to wind up that LLC without first reinstating with the SOS?

The members/managers here want to "dissolve" (wind up) their LLC, but they don't have an operating agreement that addresses winding up. Also, that LLC previously forfeited its charter under the Tax Code for failure to pay its franchise taxes. I'm wondering if, under the Texas... Read more »

Teri A. Walter
Teri A. Walter answered on Jan 13, 2021

It depends on whether there are unpaid debts and what assets there are that need to be sold or distributed. For example, if the LLC owns real estate, at present, no one is able to sign a deed for the LLC, and reinstatement would be necessary; if all that's left is some office furniture and... Read more »

1 Answer | Asked in Business Formation and Business Law for Michigan on
Q: Partnership withdrawal and contract debt dispute

If we started a buisness with 5 people and one of the partners volunteer to leave and just wanted what they put in and we oked that in the contract and signed it to be paid evenly between the last 4 partners and the after 5 months 3 of the partners paid there portion already but the last partners... Read more »

Patrick Duff
Patrick Duff answered on Jan 12, 2021

It will depend upon the language in the contract you signed to buy out the first partner. If the contract says each remaining partner is reliable for his/her own share, then you're ok. If it says the business is responsible as a whole, you may have to pay and go after the non-paying partner... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Pennsylvania on
Q: Filing a single member LLC in PA as a CPA, are tax preparation services considered restricted professional services?

I am filing an LLC in Pennsylvania to provide general accounting service and preparing tax as a CPA, are the services to be provided considered restricted professional services? The LLC will be a single member LLC. The member is a licensed CPA. No public accounting (typically Auditing or advisory)... Read more »

Michael Cherewka
Michael Cherewka answered on Jan 11, 2021

The term "public accounting" as defined in TItle 15 (Section 8996(d) is broader than auditing and advisory services. In fact it specifically lists preparation of tax returns in your capacity as a CPA.

1 Answer | Asked in Business Law, Contracts and Employment Law for Ohio on
Q: I am 1099 employee with employment contract. If I get furloughed , does the company still owe $$ for previous sales?

I have an employment contract/non-compete agreement. Would this agreement be null and void also?

Drew Chalfant
Drew Chalfant answered on Jan 11, 2021

The terms of your contract between you and "employer" would govern what happens if services are suspended and you had made sales that qualify for payment prior to the suspension. Often times, employers will put people on 1099 arrangements when in fact they have a more traditional... Read more »

1 Answer | Asked in Business Law for California on
Q: Can I sell translated books in my online store?

Hello,

I have an online book store.

I import books to the US and sell non-English books to my community.

Some of these books are translated. Should I search if the publisher obtains the copyright permission or it is not my responsibility.

FYI I am a US person and buy... Read more »

Agnes Jury
Agnes Jury answered on Jan 10, 2021

I don't see how this is an Immigration question...

1 Answer | Asked in Tax Law, Workers' Compensation, Business Formation and Business Law for Colorado on
Q: Do I need Workers Comp for a Single Member LLC when it's just me?

I formed an LLC for Photography and it's only me, am I required to get Workers Comp or can I save that?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 8, 2021

No, not required.

1 Answer | Asked in Consumer Law, Copyright, Business Formation and Business Law for Indiana on
Q: Can I buy a website very similar to a popular brand’s site and use that to sell similar merchandise?

The website I would be buying is the same words just moved around. And the merchandise would potentially be clothing designed to look similar to the original brand’s clothing but not the same. Or would it be legal to offer this new and similar domain to the owner of the original for a price?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 8, 2021

don't do it

too close for comfort

you can be sued

consult with an attorney

2 Answers | Asked in Business Law for California on
Q: Can I sell translated books in my online store?

Hello,

I have an online book store.

I import books to the US and sell non-English books to my community.

Some of these books are translated. Should I search if the publisher obtains the copyright permission or it is not my responsibility.

FYI I am a US person and buy... Read more »

Julie King
Julie King answered on Jan 7, 2021

I'm not sure I understand your question. Are you buying books from people who may or may not have the legal right to translate them? If that is the case, you should have a clause in your contract saying that (1) the seller represents and warrants that the seller has all legally required... Read more »

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2 Answers | Asked in Business Law for California on
Q: Hi, Can I still operate my business while my Rhode Island entity is revoked?

RI gives up to 10 years to bring the revoked entity back into active status. Can I still operate my California branch LLC company until it's back active? And can I win a lawsuit?

Robert Philip Cogan
Robert Philip Cogan answered on Jan 7, 2021

"Revoked" can mean many different things. Also, is not clear that the entity is a corporation or an LLC. The question does not state if the Rhode Island business has any connection to California.

As a generality, which may or may not apply here, a company that is not active can...
Read more »

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: Can a mobile home dealer raise there price after having a signed contract with them and promised delivery 6 months ago?
Keith Kanouse
Keith Kanouse answered on Jan 7, 2021

I doubt it but it all depends on the language of the contract. Without reading the contract, I cannot give you an opinion.

1 Answer | Asked in Contracts, Criminal Law, Business Law and Business Formation on
Q: If I use HyreCar to put my car for rent and the person violates the law with it am I personally liable for their crimes

Hi Justia, If I rent my car using HyreCar, the person renting the vehicle violates the law with the vehicle that is registered to my name in the state. Am I personally liable for their violation? Let's say they did a crime against another person or endangered a life. The vehicle is in perfect... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 29, 2020

You may want to repost this under Business Formation and Business Law. There's no guarantee that all questions are picked up, but an attorney who deals with the formation of corporations or other legal entities would probably have the strongest insight into issues of liability on CIVIL... Read more »

2 Answers | Asked in Business Law and Contracts for Florida on
Q: May I use the fictitious name as heading in an End User License Agreement?

We are a small software company in Florida. We are planning to use the fictitious name as heading in the End User License Agreement (EULA) instead of the legal company name, but the legal company name is mentioned in the body of the agreement, for example, "Company A doing business as XYZ... Read more »

Keith Kanouse
Keith Kanouse answered on Dec 29, 2020

Yes if you comply with the requirements of Section 865.09 of the Florida Statutes first.

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1 Answer | Asked in Business Law for New Jersey on
Q: Officer of a corporation not following bylaws
Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

Making multiple statements about what is essentially the same thing does not accomplish anything. Consulting an experienced civil litigation attorney will.

1 Answer | Asked in Business Law for New Jersey on
Q: President of a New Jersey corporation violating the bylaws and discrimination of potential members.
Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2020

From your statement, it is obvious that there needs to be a personal strategy session with an experienced civil litigation attorney. This will also be beyond the scope of what most attorneys will include in a free consultation. During this pandemic, you have a choice of either seeing your attorney... Read more »

1 Answer | Asked in Trademark, Copyright, Business Law and Intellectual Property for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... Read more »

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How to resolve a trademark dispute between 2 ex business partners going separate ways, no written contracts were signed

5y ago 2 business owners decided to join forces by launching a branded product.

Both operated as 2 separate sole proprietorships, and that did not change with creation of the brand.

Person A registered the domain, did product development and paid for the initial production.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Tough, tough situation.

Unless you can resolve it amicably, you will have to resort to litigation.

The best approach would be to move on and pick a new trademark.

I can not believe that the product is so unique that you can not replicate the success.

Consult with an...
Read more »

Q: In 1999 I did sent my idea to virgin, a tube to install on highways for transport. no interest. Now they have hyperloop

Virgin had an announcement "Richard Branson: Got a business idea? Do this with it" they still have: https://www.virgin.com/about-virgin/latest/richard-branson-got-a-business-idea-do-this-with-it

I gave full discription, benefits, etc...

I had letter that they asked for... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Dec 28, 2020

The bulk of your question falls outside of patent law issues so I will leave that to others.

I will note one tiny sliver of hope.

IF

1) Your communication was sufficiently detailed to provide information to enable the creating the hyperloop (rather than just suggesting...
Read more »

1 Answer | Asked in Business Formation, Business Law, Copyright and Patents (Intellectual Property) on
Q: does this mean that one cant establish an app that allows users communicate on there transactions due to this patent?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

You need to study any relevant patent and understand the limitations.

Also remember that patents expire, so you may be over worrying.

Consult with an attorney.

1 Answer | Asked in Real Estate Law, Contracts, Copyright and Business Law for Louisiana on
Q: I need advice about a premium domain I purchased
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 27, 2020

Contact with an attorney to understand your rights and risks.

In general a domain does not assure any trademark rights.

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