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Business Law Questions & Answers
1 Answer | Asked in Business Law and Contracts for California on
Q: I am trying to get a credit for hard costs incurred when a contracted freight company mishandled my product.

They refuse to offer any sort of compensation as well as require me to pay my freight bill above the hard costs I incurred and said I needed to take them to court. I'm trying to figure out what other options I have, and not sure how to find a lawyer, if I have a case, etc. I have submitted a... Read more »

Robert Philip Cogan
Robert Philip Cogan answered on Oct 15, 2019

You can take them to court. If your claim is up to $10,000 you can go to small claims court. The filing fee is low and lawyers do not take part. You can "Google" California Superior Court. The court website has tutorial information and guidance. It is a more direct to way go after money.

1 Answer | Asked in Contracts, Business Law, Civil Litigation and White Collar Crime for Colorado on
Q: What can happen to a notary that notarizes completely blank POA's? He tells people to fill them out later.

This guy works for the county jail. He passes them out to inmates. What can happen to him? I know this is wrong. They are complete blank, nothing filled out. He just notarizes them like this.

William Jaksa
William Jaksa answered on Oct 14, 2019

In my jurisdiction he would lose his ability to be a notary; if he's a licenced paralegal or lawyer there would be sanctions from the law society; depending on the context and extent there could be criminal charges for breach of duty or fraud.

1 Answer | Asked in Real Estate Law and Business Law for Georgia on
Q: The manager of our company used tenant's deposit to pay loan, then return back to account. Is that serious legal issue?

The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... Read more »

1 Answer | Asked in Business Law for Florida on
Q: I live in Florida and females work in nightclubs who are not licensed and give massages for tips. How is this possible?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Nor could it possibly be answered without seeing significantly more factual information including the reason why you are asking this strange question.

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: My client never signed our contract, would they be held to the terms of it?

My company conducts estate sales. We take jobs by the value of our clients belongings. Our client received the contract where we state you cannot remove any items from the home as they are deemed for sale. They ignored this & took out items anyway. This was in breach of contract. The client also... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

Since the contract was not signed, that makes things more difficult. If there is litigation, you can claim that they verbally agreed to the terms of the contract. They can dispute that. If you can't work it out with them, then they might sue you to collect the proceeds you have retained. You... Read more »

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1 Answer | Asked in Business Law, Contracts, Consumer Law and Copyright for Florida on
Q: If you break the terms of service of Google Play Store (concerning Android), and further, Apple (concerning iphone)...

If you break the terms of service of Apple or Google Play Store, and it specifically states in the terms of service,

"If you break any term of this agreement, your right under this license automatically terminates without notice to you",

does that mean that you can never use your... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. Moreover, while lawyers are very intelligent and highly trained professionals--we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can foretell the future) and unable to opine on your current... Read more »

1 Answer | Asked in Business Law for Florida on
Q: Is law enforcement allowed to remove a vehicle stored at a license junkyard if vehicle was reported stolen

The mentioned above vehicle was in mentioned junkyard for two years law enforcement came and removed vehicle from license junkyard without any payment towing fee or storage fees of said two years that vehicle was stored at license junkyard

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 11, 2019

If you are the owner of the junkyard and are hoping to recover some or all the two years of storage fees you can try (1) suing the owner of the vehicle or (2) try suing the city or county law enforcement agency that came and took the car.

You might find it easier to collect from the city...
Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: What are the potential risks and liabilities a cleaning business can face?
F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

You question is too broad to give you a short answer. If you have a specific question I may be able to answer it.

1 Answer | Asked in Business Law and Contracts for California on
Q: In 2006 I signed a Non-Compete in KS. I transferred thru promotion to CA with same company HQ in KS. Is it still valid?

After working for the company for a few years they required us to sign a non-compete. I was paid a small amount extra as consideration. In 2015 I got a promotion and they moved me to California. The company is headquartered in KS and I am employed in California. Does that invalidate the non-compete?

Kenneth Sisco
Kenneth Sisco answered on Oct 10, 2019

Obviously, the terms of the agreement, and the circumstances surrounding it, will be the biggest factors in evaluating its enforceability. However, non compete agreements, especially in California are difficult to enforce.

1 Answer | Asked in Business Law for Missouri on
Q: Could I take an out-of-state online business to small claims court?

This last May, I won $500 in free airfare credit from a vaping website I use, named Breazy. I was told I would have my prize “no later than the 30th” of the month (so May 30th). It’s now almost mid October and still no prize. I’ve emailed and called many times. Filed a BBB complaint that... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Oct 10, 2019

I'm sorry to hear that Breazy won't keep its word. Filing suit in small claims court against an out-of-state company like Breazy won't do you much good for reasons that would take too long to explain in a short answer, but deal with your ability to collect the judgment if you get one. I suggest... Read more »

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Texas on
Q: Would I be able to use the name Leafly for a retail space name? what are the restraints &/or rights of Leafly Holdings ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 9, 2019

depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Copyright and Business Law for New York on
Q: Qmatic and qless seemed to have same type of patent on virtual queue ? How are they different?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

You need to review the patents or publications and analyze them.

Make an appointment for a consultation as it will require access to the patent documents, review and provide an opinion.

You may also need to get an expert opinion, from somebody specialized in the field or with these...
Read more »

1 Answer | Asked in Copyright, Business Law and Trademark on
Q: My company offers services similar to that of, a federally trademarked name of another company. Must I change names?

My company offers services similar to that of, a federally protected trademarked name. Both "Aftermath"(trademarked) and "Aftershock"(my company) begin with the same word, have two syllables, and leave the same commercial impression. Because of this, Aftermath is telling us we need to change our... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

Tough spot.

It will depend on your ability to defend yourself.

And whether they are serious in coming after you. It will take them a lot in attorney fees to do that.

The easiest and simplest way to deal with this is to change your name.

1 Answer | Asked in Business Law for Florida on
Q: Usury laws often cite rules for interest rates. Does a flat fee or some other type of fee, fall into these laws?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

If you are trying to avoid Florida's statutes outlawing usury by calling an exorbitant amount of interest a "loan fee" or a "service fee" or a "service charge" you are advised to stop. Unless you like to be charged with a crime.

1 Answer | Asked in Business Law and Intellectual Property for Missouri on
Q: is it legal to pose as the Grinch in Christmas pictures to photograph, and sell those images?

My wife and her business partner own their own photography company and were wanting me to dress up as the Grinch and photograph other people with the Grinch during Christmas. Obviously they would be paid for their services. They read somewhere about a photographer being sued by Dr Seuss and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 7, 2019

You could repost your question and add Intellectual Property to your categories. Attorneys who work in that area would be likelier to recognize the issues that concern you than ordinary Business Law/Business Formation attorneys. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Civil Litigation for West Virginia on
Q: Issue with electric provider

My electric provider states that I added the incorrect payment information and therefore is denying me the ability to correct my incorrect payment information, will not allow me to pay by phone, and is only giving me the option of paying in person. Do I have any legal recourse? Also there is a... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 6, 2019

I'm sorry for your ordeal with your electric bill. The Public Service Commission of West Virginia oversees public utilities - electric, gas, water, etc. Maybe you could contact them and ask if there is anything they could do to help.

Their website is: http://www.psc.state.wv.us/...
Read more »

1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Business Law for Washington on
Q: Can I sue for getting paid under the table?
Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

It would depend on what the basis of the lawsuit was, but an attorney in each of the categories you list could probably advise you on the downside of working off the books. Maybe one of the most pressing issues is workers' comp coverage for an on-the-job injury. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law and Business Law for Connecticut on
Q: How is the convienience store next door to me getting away with selling single cigarettes all day long?

1320 Whalley ave New Haven CT 06515

Allan F. Friedman
Allan F. Friedman answered on Oct 4, 2019

Many people throughout society violate laws and regulations. Law enforcement has only so many resources. The sale of loose cigarettes is illegal under federal law and can subject the store to severe monetary penalties

1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Q: Who is the liable party?

Company A and Company B are two separate legal entities each having their own Federal tax ID number.

Company A signed a contract d/b/a as Company B. Which one is the legal responsible party?

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

A Pennsylvania attorney would be in the best position to answer this, based on state law considerations. But the question remains open for three weeks. As a general matter, it would be helpful to have additional information. For instance, why did one company sign in lieu of the other? Was it for... Read more »

1 Answer | Asked in Business Formation and Business Law for Florida on
Q: My parenter created a sunbiz and im not on it
Linda Liang
Linda Liang answered on Oct 3, 2019

Is that a question?

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