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Business Law Questions & Answers
1 Answer | Asked in Contracts, Business Formation and Business Law for Indiana on
Q: My dad was the sole owner of an llc. He has since passed away. Do we restructure or start a new one?
Michael Ray Smith
Michael Ray Smith answered on Jan 16, 2022

A single member LLC is dissolved unless, within 90 days of the member's death, the deceased member's personal representative takes action to designate at least one new member. If an attorney was hired to handle the probate estate, talk to that attorney about it, or contact a lawyer... Read more »

1 Answer | Asked in Business Law, Copyright and Intellectual Property for Florida on
Q: I want to recreate old jewelry (1800s) with slight mods to brand and sell. Would this be a copyright violation?

I like discovering strange vintage pieces and I don't necessarily want to make "replicas" as I do want to make some alterations to the antique designs/make them more modern/brand-able. I just want to make sure I'm not stepping on anyone's toes/ violating some... Read more »

Robert Kost
Robert Kost answered on Jan 14, 2022

Jewelry is copyrightable, but from your description its copyright has long since expired. See: https://guides.library.cornell.edu/copyright/publicdomain

1 Answer | Asked in Business Law for Maryland on
Q: would i be able to sue a dealership for giving false info about promo going on

We called the dealership to get information before going so that if we didn't meet criteria then we wouldn't waste our time. So they told us over the phone that we didn't have to worry about our credit being ran, we would only have to pay $88 as a down payment, and the monthly... Read more »

Scott Scherr
Scott Scherr answered on Jan 13, 2022

You can complain to the Consumer Protection Division of the Attorney General's office and they will investigate.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to file my DBA, can I shorten my DBA name or do I have include the entire name?

ie. The Bakery Shop vs The Bakery Shoppe Cupcakes & Treats

Jaime Victor Papa
Jaime Victor Papa answered on Jan 12, 2022

Yes, you can shorten your DBA name or use an entirely different name. I often work with clients to help them with this process.

1 Answer | Asked in Business Law for Florida on
Q: Business legal advice.

2. Years ago I got diagnosed with cancer. I'm president of my business with a partner. Now that I couldn't go down there while dealing with this my partner says I'm not aloud to receive any profit from my company because I'm not there at the business right now. She's done... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

The answer is going to depend on a number of factors, such as the type of business entity, the operating agreement, the division of shares, and other things. I recommend that you consult with an attorney asap. You can speak to them, send them the relevant documents, and potentially retain them to... Read more »

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Business Law for Kentucky on
Q: Me and my wife got married in July. She lived in housing but I never moved in. Now they want back payment. Is this legal

I have leases from other residents showing I did not live there.

Timothy Denison
Timothy Denison answered on Jan 10, 2022

Did you sign a lease on this housing? If not, you owe nothing.

1 Answer | Asked in Business Law and Family Law for Colorado on
Q: Is there a legal obligation to give information to parents of an employee?

If an employee is under the age of 18 from a broken marriage household and does not want the employer to disclose info? for example living with one parent and the other comes in asking when she/he/they are working next?

Sabra M. Janko
Sabra M. Janko answered on Jan 10, 2022

This is more on an employment law question however first it is necessary to look at whether someone under age 18 can work. You should repost in employment law. Generally employers can not disseminate employee information to third parties without the consent of the employee, however generally... Read more »

1 Answer | Asked in Business Law and Contracts for New York on
Q: Do new ownership of a gym have to abide by the old gym contracts or are they invalid due to new ownership?

My old contract says lifetime price guarantee but nothing about if new owners come.

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

You need to consult a lawyer but typically if a business is sold the buyer is the successor to the seller vis-a-vis existing contractual obligations, unless such are expressly excluded from the sale which in theory could result in seller's liability.

1 Answer | Asked in Business Law for New York on
Q: LLC Agreement language that assigns 50% of Member ownership to someone, but 0% of expenses on their K-1.

Below is my exchange with the CPA. I'm looking for LLC Operating Agreement language that achieves this (my lawyer doesn't know how):

Me: I am giving 50% of the LLC's equity to someone else, but I will be the one fully funding the operations of the business with my own cash.... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 10, 2022

A competent attorney will be able to draft such an LLC operating agreement. The rules for LLC's are purposely very flexible.

1 Answer | Asked in Business Law and Copyright on
Q: Can I buy Nike clothes from a thrift store and customize/modify them to resell them online?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 8, 2022

This should be okay, thanks to the "first sale doctrine" which allows the resale of products that constitute or contain someone else's intellectual property without the owner's permission, as long as the person lawfully owns the product. The first sale doctrine is codified in... Read more »

1 Answer | Asked in Contracts and Business Law for New York on
Q: Is a bill of sale that is not notarized valid?

I bought a business in NYC, I paid in bank check and the seller signed a bill of sale. But the bill of sale is not notarized. Is the bill of sale valid?

Michael David Siegel
Michael David Siegel answered on Jan 8, 2022

The notarization is not required, but usually done to prevent allegations of fraud.

2 Answers | Asked in Personal Injury, Contracts and Business Law for California on
Q: Voluntary Withdrawal of a Partner Long Question please read section below, could use your help!

Hi I am trying to find out if this clause in a contract is illegal:

Voluntary Withdrawal of a Partner

39. Any Partner will have the right to voluntarily withdraw from the Partnership at any time. Written notice of intention to withdraw must be served upon the remaining Partners at... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 7, 2022

It would be very imprudent for a lawyer to give you advice based on the limited information you provided. You should ask an attorney to read the whole contract and then sit down and discuss with you. Most likely would only require you to pay for one hour of their time.

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1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is this legal?

I recently hired a small cleaning service to deep clean my home and paid a $213 deposit. No contract was signed. The Monday prior to my Thursday appointment my family tested positive for covid. I contacted the business immediately. The owner has said that since she can’t find another appointment... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jan 6, 2022

Is it illegal as in the cleaning service can be charged with a crime? No. It's a dispute over the terms of a verbal contract. You say you were never told the deposit was non refundable. They say you were. With nothing in writing, this is a "he said, she said" situation with no... Read more »

1 Answer | Asked in Education Law, Tax Law, Banking and Business Law for Oklahoma on
Q: I am on a school board for a private school.

Can a parent make a donation to the school (501c3) and then ask for the money back if they move or enroll their child elsewhere?

Charles Watts
Charles Watts answered on Jan 5, 2022

The parent can ask - but there isn't anything requiring the refund. There is no federal law, and most states classify the donation as a gift and therefore no longer the property of the person giving the donation, and thus not required to be returned. However, if the funds were donated with... Read more »

2 Answers | Asked in Business Law for Florida on
Q: I recently had to leave my restaurant business location for a family emergency. A new restaurant has moved in. They are

The new restaurant is using all my business signs

Customers are believing that they are eating at my restaurant. I have a new location and this causing confusion. I have already asked them to replace the signage or at least cover it up.

Michael  Mayoral
Michael Mayoral answered on Jan 5, 2022

This may be the basis of a lawsuit for Trademark Infringement. You can hire an attorney to send them a cease and desist/demand letter, and potentially file suit for damages.

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2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... Read more »

Linda Liang
Linda Liang answered on Jan 5, 2022

You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.

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1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
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1 Answer | Asked in Business Law for Florida on
Q: In Lake County, Florida, do you have to have a business license to operate a business?
Linda Liang
Linda Liang answered on Jan 5, 2022

The County requires business owners to obtain a Use permit before they can operate a new business or change the use of any business in unincorporated Lake County. (151.110) The County does not require business licenses, however, a business may be required to obtain other licenses in order to... Read more »

1 Answer | Asked in Tax Law, Business Formation and Business Law for Georgia on
Q: Is it correct that my fitness franchise that I am opening in GA will have sales & use tax?

Business is a franchise I have purchased from franchisor. Products are: monthly memberships for personal training service, the occasional apparel sale, beverage sales (bottled water, etc.), and nutritional supplements (sold online). I will have personal trainers who are my employees. I'm... Read more »

Glenn M. Lyon
Glenn M. Lyon answered on Jan 5, 2022

Yes, for both the services and products.

1 Answer | Asked in Divorce, Business Formation and Business Law for Missouri on
Q: I need to sell off a one restaurant location operating under a single corporation (the same EIN) w 2 locations.

I own 3 restaurants (one of which my wife and I bought in 2014. The other two I had before we married). This 3rd restaurant operates under one of my original corporations formed in 2005, and she would like to buy me out (we are divorcing amicably) and I need the expertise to properly set her up... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jan 4, 2022

First of all, congratulations on working this out amicably. Dividing up these assets will involve at least one written agreement between the two of you, and should also include the formation of a legal entity by your wife, as you indicate. I strongly encourage you to seek legal counsel to assist... Read more »

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