Business Law Questions & Answers

Q: can a listing broker (restaurant) keep a forfeited deposit from a potential buyer or does it go to the seller

1 Answer | Asked in Broker Fraud, Business Law and Real Estate Law for Massachusetts on
Answered on Jul 26, 2017

That sounds problematic. Have a lawyer review your broker agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: I quit a position with a small company that I owned 10% of the stock. I was seeking to ask for my investment back.

1 Answer | Asked in Business Law and Employment Law for California on
Answered on Jul 25, 2017

A lawyer should review your contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Bar told us that we need to pay $3500 to customer because he didn't sign the estimate.

1 Answer | Asked in Business Law, Contracts and Consumer Law for California on
Answered on Jul 25, 2017

Small claims court may be useful for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: I filed a Motion to vacate Judgment and it was denied. How can I appeal it? This is a civil suit

1 Answer | Asked in Business Law for California on
Answered on Jul 25, 2017

There are short deadlines for doing that. Have a lawyer review the file to see if you have a basis for appeal. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Question regarding LLC paying an independent subcontractor for services who has a F1 Visa Status

1 Answer | Asked in Employment Law, Immigration Law and Business Law for Florida on
Answered on Jul 25, 2017

Your question is too complex of a legal issue to answer via this type of forum.

You might try speaking with his immigration attorney or consult with a immigration attorney on your own.

You might also speak with your accountant as well as this transaction will ultimately go through your tax return.
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Q: Is the a law that requires California motels to change bedding, furniture,drapes and linens periodical?Where can I rev

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Consumer Law and Business Law for California on
Answered on Jul 25, 2017

There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
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Q: How much can I charge for late payment in a settlement agreement?

1 Answer | Asked in Business Formation, Business Law and Collections for California on
Answered on Jul 25, 2017

Why not have a lawyer draft the terms of the settlement agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: My nursing license was disciplined for something I DID NOT DO, based on an anonymous complaint, from a retaliation.

1 Answer | Asked in Libel & Slander, Business Law and Employment Law for California on
Answered on Jul 25, 2017

You can hire an attorney to defend you in the licensing disciplinary action against you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: Legal definition when repayment plan is FULLY complete? i.e. all payments for ORIGINAL amount. NOT a settlement amount.

1 Answer | Asked in Bankruptcy, Contracts and Business Law on
Answered on Jul 25, 2017

Not really sure I understand the question. If you have a settled amount, it is usually lower than the original amount. Whatever the last number agreed upon by the parties is what I would consider the definition, especially if that number is in writing.
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Q: If I had a ADA agreement in place to come back to work and it was not honored. What can I do?

1 Answer | Asked in Business Law and Employment Law for Florida on
Answered on Jul 24, 2017

If you are saying that you have an ADA agreement that allows you to return to work and your employer will not honor the agreement or will not allow you to return to work, then you need to immediately hire an ADA attorney to go after the employer for non compliance with the agreement.
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Q: Can an off duty manager fire an employee for alleged misconduct (employee is on company time seen by exiting manager)?

2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Answered on Jul 24, 2017

Most likely yes. I say most likely because this appears to be an employment at-will scenario in which case any superior can, within the scope of his responsibilities fire an employee with or without any cause.
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Q: Suing company for negligence in handling their immigration matters

2 Answers | Asked in Business Law, Immigration Law and Mergers & Acquisitions for New York on
Answered on Jul 22, 2017

The employer does not have to consider immigration consequences of it's restructuring. You do not have any viable case from what I can tell.
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Q: We received an adverse claim regarding the 3,106,000 shares of SFRX.What can I do

2 Answers | Asked in Contracts, Broker Fraud, Business Law and Securities Law for Florida on
Answered on Jul 22, 2017

You need the services of an attorney who works for you, not the other party. I don't know why you were required to pay the other party's attorney, but it may be something in the contract. Your attorney can review the whole matter and advise you.
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Q: Once I answer a filed lawsuit and file a cross complaint, do I have a 10 day window to submit discovery?

2 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Jul 22, 2017

No. If you are in a lawsuit you are OBLIGATED BY LAW to follow the rules of discovery which are found toward the back of the California Code of Civil Procedure. See, e.g. CCP 2025. You can find that on the internet. One doesn't "submit" discovery. One either propounds it or responds to it. See also CCP 1005.
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Q: Can A Lawyer loose his job for threatening me and my mama

1 Answer | Asked in Business Law, Criminal Law, Employment Law and Legal Malpractice for North Carolina on
Answered on Jul 22, 2017

Sure, if his boss wants to fire him for that.
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Q: I have a business and a lawsuit has been filed but I have not been served, can I file a cross complaint?

3 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Jul 22, 2017

Yes, you can file a Cross-Complaint along with your Answer to the Complaint.

A full consultation would be necessary to properly advise you.
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Q: As a small business owner, are there any legal issues surrounding donating a portion of my proceeds to a cause?

1 Answer | Asked in Business Law and Education Law for Florida on
Answered on Jul 21, 2017

If you want a deduction for federal tax purposes, you need to get, from the program to which you will be donating, a copy of an IRS determination that the program qualifies under section 501 (c) (3) (or other such subsection).
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Q: If re-sell clothing with a copyrighted name on it but that name is an Acronym, can i still get in trouble legally?

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New Jersey on
Answered on Jul 20, 2017

If they have a registered trademark in the US on the acronym for the band, selling t-shirts with that TM would be infringement. You should ask for a license since you indicate they do not sell merchandise. Whether a "reseller" or with a website disclaimer, the business you describe would not be lawful. (Lyrics are covered by copyright, and the same considerations apply.)
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Q: I am an equity partner in a company overseas and want to understand some details

2 Answers | Asked in Banking, Business Formation and Business Law for Massachusetts on
Answered on Jul 20, 2017

A EU company depending upon the jurisdiction it is incorporated can loan money to a US corporation. The Amount of money that is required to be withheld will depend upon the tax treaty as well as the amount of tax it is required to pay to the US. The foreign entity will need to apply for and obtain a TIN. There are other ways of handling the matter including open a US subsidiary such as a LLC and use it as the nominee for such transactions. The EU company is I assume formed in a jurisdiction...
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Q: Commercial usage and shipment onto US territory of uncertified device prototype

1 Answer | Asked in Consumer Law, Products Liability, Federal Crimes and Business Law for California on
Answered on Jul 20, 2017

This site is not designed to provide the detailed legal advice that you seek. The attorneys here know nothing about the device, who should certify it, what legal regulations apply to importation, how to factor expenses, what the laws are on "rides", etc. If you want this kind of advice, you will need to retain an attorney and pay for it or do your own research, which is inadvisable.
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