Business Law Questions & Answers

Q: How do I right an effective Affidavit of Opposition?

1 Answer | Asked in Consumer Law, Business Law and Civil Litigation for New York on
Answered on Oct 24, 2016

There appears to be more to this than what appears on it's face... The company you retained may have engaged in the Unlawful Practice of Law and can be punished:

See New York Judiciary Law - JUD § 47
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Q: Please help men

1 Answer | Asked in Employment Law and Business Law for Maryland on
Answered on Oct 22, 2016

If you are a leaseholder, you have rights. Consult local counsel.
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Q: As a middle-man, am I liable for the product I advertise if I am the one collecting the customers' money?

1 Answer | Asked in Contracts, Products Liability and Business Law for California on
Answered on Oct 21, 2016

From the facts you presented, if you were to contract with the students and they were to pay your company or you directly you could have liability exposure should some contract issue arise where the school or you/your company were viewed to be in some sort of breach of that contract. Whenever an entity or individual enters into a contract arrangement dependent on yet another entity (such as the school(s) here) there is a possibility that you or your company could be implicated should something...
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Q: I formed a 50-50 business partnership LLC with a friend.

2 Answers | Asked in Business Law for New York on
Answered on Oct 20, 2016

Yes, but if you do not consent it requires a court order. There is some other issue here.
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Q: Could I be sued for a board game I created that doesn't have a choking hazard warning if I sold the business?

1 Answer | Asked in Business Formation, Business Law, Gaming and Mergers & Acquisitions for Utah on
Answered on Oct 18, 2016

It's hard to answer your question completely without more information. That being said, if the game is no longer yours to license, and you are merely selling the game wholesale to another seller, then I would suggest an indemnity clause in the purchase contract requiring the seller to assume that liability and to cover any legal fees you may incur in defending against suit in the future. There may be other steps required as well depending on the specifics of your situation.
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1 Answer | Asked in Business Law, Construction Law and Contracts for Maryland on
Answered on Oct 16, 2016

I'm not sure from your question what you're trying to accomplish. But Maryland contractor laws are strict. Consult with counsel.
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Q: In California. If an out of state LLC buys a mobile home in California, does the LLC have any obligation to ..?

1 Answer | Asked in Business Law and Tax Law for California on
Answered on Oct 15, 2016

Depends. More information is required. As a very generalized response...If the manager is domiciled in CA

and is conducting the business of the LLC then the LLC would be required to register, file returns

and be subject to the fees.

It is highly recommended you contact a CA tax attorney to have your specific situation evaluated.

DISCLAIMER: information provided is general in nature and not intended as advice nor shall it

imply or create any type of...
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Q: How do I sell/transfer my half of my company to my partner

2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for New York on
Answered on Oct 14, 2016

A simple agreement will suffice. You can then re-register the domain and email account.
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Q: Our company was hired by a much larger firm to do some IT work.

2 Answers | Asked in Business Law for New York on
Answered on Oct 13, 2016

It depends what the agreement says and if the start date is a material term.
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Q: I have worked for a small business and in 3.5 years I have never been given a lunch break for any shift 6 hours or more.

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Oct 13, 2016

There are wage/hour regulations but many small businesses are exempt. I suggest your try to contact the Tennessee department of labor- ( try You are right to be fearful for your job, because if you don't have a written contract of employment, they can let you go at anytime and it might be hard to prove that their reason for firing you was complaint about excessive hours. As a result, maybe your should remain anonymous and just report the violations: maybe that will cause the State to...
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Q: Is the LLC required to be qualified in TN for holding rental properties?

1 Answer | Asked in Business Law and Real Estate Law for California on
Answered on Oct 12, 2016

This is a question for an attorney qualified tin the area of business taxes in TN which I assume is Tennessee.
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Q: Small, residential prog. Parents signed contract and pd. Nonref.deposit and 1st month. 2nd mth, kid left. Suing for $

1 Answer | Asked in Business Law, Civil Litigation and Contracts for North Carolina on
Answered on Oct 10, 2016

The question you ask is not clear from the above. If you wish to have the advice of an attorney, you can use this site to locate an attorney in your area and meet to discuss the details of your case. If you have been served with a summons and complaint, you have 30 days to file a response with the court. The advice of attorney is strongly suggested.
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Q: Is the landlord allowed to rent out an individual parking space in front of retail business to a semi truck?

1 Answer | Asked in Business Law and Landlord - Tenant for Illinois on
Answered on Oct 10, 2016

You state that your landlord is renting out spots in front of your retail establishment and that you believe that action will have an affect on the viability of your business. You are located in Glenview (Cook County).

Neither Cook County nor the Village of Glenview has specific prescriptions on this subject, so you must look to the Commercial Lease you signed and Illinois law to clarify your rights. Without having the lease I cannot guess if the Lessor's actions constitute a...
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Q: Can someone file for a trademark on a product that you Created and actively sell, and immediately serve you C&D?

1 Answer | Asked in Business Law for California on
Answered on Oct 9, 2016

This is a trademark/intellectual property question.
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Q: My employer brought me in to sign an agreement to change my actions within 30 days.

1 Answer | Asked in Business Law and Employment Discrimination for New York on
Answered on Oct 7, 2016

You weren't forced to sign an agreement. You did sign it. That agreement will be enforceable and govern what happens. I have not seen it, so I have no idea what you admitted to and what you gave up. No one held a gun to your head. Economic pressure is not duress sufficient to void an agreement.
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Q: I'm a small business owner.

2 Answers | Asked in Business Law for New York on
Answered on Oct 7, 2016

One person on the call must know it is being recorded, not both.
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Q: In NC, signed private employer document stating I will pay back travel costs for training if i resign within 90 days

1 Answer | Asked in Employment Law and Business Law for North Carolina on
Answered on Oct 7, 2016

Without more information and knowing the exact terms of the contract, yes, you are responsible. You signed a contract agreeing to be responsible. Unless there was a breach of that contract by the employer which would potentially relieve you of your obligations to perform, it is likely a valid contract. It does not need to be notarized or signed by an attorney.
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Q: I moved out of an apartment where the previous tenant left the router and now I am being harrassed about paying for it.

1 Answer | Asked in Consumer Law and Business Law for Florida on
Answered on Oct 5, 2016

Is this the landlord or a company which sells routers? If it's the latter, it looks as though they are incorrectly assuming that because you live at that address you must be the person who ordered it. Ask them to show you documentation of the transaction.
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Q: How can I research past cases similar to mine so I can find a successful lawyer in the type of representation I need?

1 Answer | Asked in Contracts and Business Law for Tennessee on
Answered on Oct 5, 2016

I am not sure there is a "specific resource" that will generate this type of information. However, almost all lawsuits are public records ( there are some cases where the Judge will "seal" the records to protect minors or perhaps important business information, but this is not normal) and most court clerk's offices are now computerized, so check the various court clerk's offices will reveal the lawsuits where the company has been sued. However, this means reading each of those lawsuits to see...
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Q: If I lease a vehicle for business use, how do I calculate percent business use vs percent personal use for tax purposes.

1 Answer | Asked in Business Law and Tax Law for Wisconsin on
Answered on Oct 4, 2016

The rules are a bit different depending on whether your business is a Sole Proprietorship (Schedule C), a C-corporation, or S-Corporation. If you're like most taxpayers, you're probably using a Schedule C to report this to the IRS. In claiming business use of a vehicle, strict rules must be followed. Many taxpayers lose significant amounts of their deduction in an audit because they didn't properly document their business usage.

The IRS publishes a number of guides to provide the...
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