Business Law Questions & Answers

Q: Is it legal to sell CBD oil online or in the state of PA?

1 Answer | Asked in Business Law, Products Liability, Agricultural Law and Criminal Law for Pennsylvania on
Answered on Mar 29, 2017

Not unless you are licensed to sell it as a medicinal product which is unusual as they haven't set up licensing yet. Even then, it's possible that US could prosecute you. You could expect visits from the FBI. You really need to get with an attorney before doing anything like this. Use that attorney at each step of the way. Guess wrong and you could be on a traficking charge. State AND federal even!
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Q: I called the college at Brockport 2 months ago and asked them if my fiancé could be exempt from having to live on campus

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on Mar 29, 2017

Do you have anything in writing from them saying that they would allow it?
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Q: Can I sue the Solar panel Company?

1 Answer | Asked in Business Law and Consumer Law for Colorado on
Answered on Mar 28, 2017

You can contact an attorney directly to review the specifics of the agreement you signed. I would assume that the solar panel company disclaimed any assertions for a specific savings related to the install, but you never know. The phone recording may be material, but oral statements are usually voided by any written agreement you signed. Justia's Q&A cannot provide specific legal guidance or advice, so the review of your case will have to occur offline with an attorney.
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Q: NC. Is there a % limit to deposits for materials in Cost Plus building contract ?

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Answered on Mar 28, 2017

There is no limit by law, but it should be a negotiated sum between the homeowner and contractor. Generally, deposits should be limited to around 10% of the contract price, but this also depends on the remaining pay schedule. Contractors typically ask for deposits for material costs. However, if the deposit is a greater figure this may be a red flag that the contractor is not adequately capitalized or doesn't have access to credit for purchasing materials.
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Q: Can I be sued along with the corporation?

1 Answer | Asked in Business Law for Florida on
Answered on Mar 27, 2017

Typically the only way that you can be sued on a business debt is if you were a personal guarantor on the loan originally. If you did not ever personally guarantee the loan, then you need to seek an attorney to respond to the lawsuit. If you did sign the personal guarantee, then it appears that you are a proper party to the lawsuit.

Just FYI - The divorce court does not have the power to take your name off the loan paperwork. Also the fact that you have been out of the business...
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Q: If I am 50% owner in a LLC and my partner dies, can the widow of the company get anything from me if I give her the LLC?

1 Answer | Asked in Business Formation and Business Law for Idaho on
Answered on Mar 27, 2017

That depends entirely on the terms of your LLC "operating agreement," but those corporate formation documents (and LLC laws generally) typically shield members and owners of an LLC from all personal liability.
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Q: Can I trademark a tagline of my UK company in the US? If so, does the company need to be registered in the US first?

1 Answer | Asked in Business Law and Trademark for California on
Answered on Mar 27, 2017

If you have registered the Trademark in the UK or the EU in the last 12 months you can file for a trademark in the USA using the international trademark agreements. Assuming the trademark has not been trademarked in the USA, it should not be a problem. Any UK Trademark Attorney or Trademark Agent in the UK should be able to assist you. However, you need to have a intent to use the Trademark in the USA. You might want to create a wholly owned LLC in the USA to operate in the USA, if that is...
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Q: Hello My Question is regarding company law. Amendment to articles.

1 Answer | Asked in Business Law and Contracts on
Answered on Mar 27, 2017

It would require the approval of the shareholders who own at least 75% of the outstanding shares.
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Q: If your company registered as a LLC can you receive a local grant using another organizations 501c3 for fiscal sponsor?

1 Answer | Asked in Business Law for New York on
Answered on Mar 27, 2017

No. That rings of tax fraud.
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Q: Regarding the use of public figures names and public domain images in a retail card game.

2 Answers | Asked in Business Law and Intellectual Property for California on
Answered on Mar 26, 2017

Even public figures have a "right of publicity" to control how their name and image are used in commercial products. Be careful.
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Q: Does Maryland law permit 2/3 of LLC members to buyout the remaining partner?

1 Answer | Asked in Business Law for Maryland on
Answered on Mar 25, 2017

Contact a MD licensed lawyer with this question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Can you be sued for sharing your experience with a business?

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Illinois on
Answered on Mar 25, 2017

The only way to know or to render a legal opinion would be if you had an experienced contract lawyer review whatever employment contract or other agreement you are referring to that you believe legally prevents you and its binding on you from commenting about this business.
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Q: What would be the best legal entity for a home based organizing company with one owner, no employees, and subcontractor

2 Answers | Asked in Business Law for New York on
Answered on Mar 25, 2017

Contact a CPA re: tax questions. As for business form, you may consider a solo proprietorship. Your CPA can advise you of tax consequences. You may need a lawyer to review your business more closely to determine whether another kind of business form suits you better and whether you'll need special licenses and contracts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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Q: Pro Per, co-d former Employer, I have wrongful term complaint, can they release me in a settlement agreement?

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Business Law for California on
Answered on Mar 25, 2017

Is this a class action suit? You do not have to agree to a settlement, as that is your choice whether to do so or not. Your lawyer cannot settle without your approval. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: Where can I find the federal law on protection of minority shareholders in public companies?

1 Answer | Asked in Business Law on
Answered on Mar 25, 2017

You need to research US Security Law and can start with Securities and Exchange Commission, West Law and LexusNexus if you have access in Belgium. You can also look at the Delaware Securities Laws as much of the Protection is based on state law of the state in which the corporation was formed and most of the companies publicly traded in the USA are incorporated in Delaware.

You can also look at books and articles sold by the American Bar Association.
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Q: Q: Hello:) how do I contact or what do I do about a lifetime warranty watch I have that looks like the company is closed

1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Answered on Mar 25, 2017

File a complaint with the consumer protection division of the state of NY or the AG office of NY.
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Q: My father has just been legally claimed incompetent by by step mother, he has a very large estate and business. He us

2 Answers | Asked in Business Law, Estate Planning, Legal Malpractice and Real Estate Law for Texas on
Answered on Mar 25, 2017

If your father has been declared legally incapacitated (in some states called legally incompetent), it has been by a judge. Check with the court handling probate and guardianship in the Louisiana parish where your father lives. The court records are public and should contain the name and contact information for both the lawyer representing your step mother and the lawyer appointed by the court to represent your father.
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Q: 1)How To Register My Business Name Is it under copyright patent trademark

2 Answers | Asked in Business Law, Copyright, Patents and Trademark on
Answered on Mar 24, 2017
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Q: I have an MI LLC thats two years old with no activity or sales. received a letter that I owe $29k. What do I do!?

2 Answers | Asked in Tax Law and Business Law for Michigan on
Answered on Mar 24, 2017

If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category of your question indicates, there may be personal liability. Your question indicates that you "never did anything with it", but with a bill for $29k there must be a creditor who disagrees.
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Q: Having more than 10% of a corps shares, is one always considered an affiliate regardless of the holding period?

1 Answer | Asked in Securities Law and Business Law for District of Columbia on
Answered on Mar 24, 2017

See: https://www.sec.gov/reportspubs/investor-publications/investorpubsrule144htm.html

See: https://media2.mofo.com/documents/faqrule144_145.pdf

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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