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Idaho Business Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law and Intellectual Property for Idaho on
Q: I have an established small business (LLC) with a distinctive name. Another business took my name.

The competing business is in my same exact industry with the same exact product type and in my same town. The names are off by ONE letter and the distinctive part is exactly the same. Is there anything I can do do avoid the loss and/or confusion of my clientele? Social media is important in what I... Read more »

Michael Hales
Michael Hales answered on May 30, 2019

It sounds like you have a potentially strong claim for trademark infringement, so I'd recommend speaking to an attorney to get this resolved.

1 Answer | Asked in Business Law and Copyright for Idaho on
Q: Is it illegal to create and sell shirts that say "Engorgio" (a spell) and have the deathly hallows Harry Potter symbol?
Michael Hales
Michael Hales answered on Apr 11, 2019

You're probably fine with the word engorgio, but once you include any symbols from Harry Potter, you'll run afoul of trademark laws.

3 Answers | Asked in Business Law and Small Claims for Idaho on
Q: Verbal business agreement to buy wood. Wood was not fully delivered and payment was made. The seller refused to deliver.

3 cords of wood were bought and the seller only delivered 1 1/2. Stated that the rest would be delivered the next day. It has been 2 months and wood or money has not been returned.

Michael Hales
Michael Hales answered on Oct 29, 2018

Although you don't have a writing, it appears that you have evidence that a contract was entered. It will now be an issue of forcing delivery. Please contact an attorney if you need assistance.

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1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

My idea for a nonprofit allows victims/survivors regarding an alleged sexual crime to enter information online into a database (database is not available for public access). If a second (or more) survivor submits an alleged sexual crime and the information matches that of of another alleged... Read more »

Michael Hales
Michael Hales answered on Aug 3, 2018

There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

1 Answer | Asked in Business Law for Idaho on
Q: What is the law for having a treasure hunt to win cash prizes when the clues to find it are paid for?
Michael Hales
Michael Hales answered on Apr 17, 2018

This is kind of a tough one because it really depends on the scope of the project. I imagine that advertising, registration, and consumer laws will all come into play. I'd recommend discussing this with an attorney to get a detailed answer.

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: Who is responsible when suing an LLC?

I had an LLC do a $15k backyard project in October 2017, issues have risen and I am now planning to take the company to small claims. I learned that the company switched owners at the beginning of March 2018 and the new owners are now claiming they are not responsible. It is all listed under the... Read more »

Michael Hales
Michael Hales answered on Mar 28, 2018

The prior owners will be responsible, but the new ones may be as well depending on the sales agreement when they purchased the business. You may want to talk to an attorney who can review all the facts of your situation.

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?
Michael Hales
Michael Hales answered on Mar 9, 2018

It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.

1 Answer | Asked in Business Law and Civil Litigation for Idaho on
Q: Hoa cancelled contract. That person took all the money and closed bank account. can they do that

Our Hoa contracted with an individual to handle our financial affairs, pay bills, accept payment and deposit money and keep records. Person violated the terms of their contract. The HOA cancelled the contract and notified individual by mail and 3 cease and desist letters. Person went and closed our... Read more »

Michael Hales
Michael Hales answered on Feb 22, 2018

It appears that the HOA has a case for fraud. I'd recommend contacting a qualified attorney right away.

1 Answer | Asked in Business Law for Idaho on
Q: If a credit card company has written off my debt on their taxes, can a collection company still collect from me?
Michael Hales
Michael Hales answered on Feb 14, 2018

My suspicion is that the company wrote your debt off when it sold it to the collection company. However, I'd recommend having an attorney review the situation for you to give a more definitive answer.

1 Answer | Asked in Business Law and Collections for Idaho on
Q: Collection company still collect after debt has been written off?

Credit card company has my debt written as a tax write-off. Collection company is still trying to collect. If the first company writes off the debt, can a collection company collect off of it?

Michael Hales
Michael Hales answered on Feb 14, 2018

My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.

1 Answer | Asked in Business Formation, Business Law and Contracts for Idaho on
Q: Is someone not registered as a business owner entitled to anything? We did not hire them.

Someone is threatening to take me to court over a business I am registered to as the owner. The other party was going to be added on as a part owner but the paperwork was never filed. Now we have decided not to work together. The other party wants money for the time spent helping the business... Read more »

Michael Hales
Michael Hales answered on Jan 7, 2018

I had a very similar case in Orlando a few years back. The parties were planning a joint venture, but it never went through. Unfortunately, my client made some verbal promises that the other party relied on and started moving forward as if they agreement had been made. My client didn't stop him... Read more »

1 Answer | Asked in Business Law and Bankruptcy for Idaho on
Q: My son and I own a wine bar under an LLC. We fell behind on rent and our landlord tells us he will take all our assets

and we must finish paying on our lease for another 6 months. Can we file for bankruptcy and would it be helpful

Michael Hales
Michael Hales answered on Dec 23, 2017

I would speak with an attorney as soon as possible because the solution will be very specific to your situation. In general, the landlord may be able to utilize company assets to collect on unpaid rent. Bankruptcy may be an option, but depending on which chapter you file, if the value of the assets... Read more »

1 Answer | Asked in Business Law and Business Formation for Idaho on
Q: What are the benefits of creating a company as opposed to doing business as an individual?
Michael Hales
Michael Hales answered on Dec 15, 2017

This is a great question and one I am addressing in my business law class right now. Although about 60% of businesses in Idaho operate as sole proprietorships, there can be a great benefit in operating as an entity. The primary reason tends to be that you can limit some liabilities if you operate... Read more »

1 Answer | Asked in Business Formation and Business Law for Idaho on
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?

Basically, if I wish to just walk away from the company if my partner dies, can the widow come after me for any $$$ outside of the LLC if I am willing to let her have the whole company? Thanks!

Glenn B. Manishin
Glenn B. Manishin 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.

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: i have a business in idaho, and selling to a company in oregon for them to retail, do i need a foriegn entity for oregon

the company in oregon is buying the clothes from us and then selling for their own profit. also for clothing lines, as a retailer do i need do i need anything else. for internet sales do i need any special licenses.

Glenn B. Manishin
Glenn B. Manishin answered on Jan 16, 2017

Shipping merchandise to OR is not considered doing business in that state, so registering as a "foreign" corporation is not necessary.

1 Answer | Asked in Business Law for Idaho on
Q: What is the penalty for failure to register a foreign LLC in Idaho?
Adam Studnicki
Adam Studnicki answered on Aug 29, 2015

If you are required to register, then why not just register?

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Business Law for Idaho on
Q: Served lawsuit papers from business creditor, I'm no longer a registerd member/manager of with the SOS. Am I liable?

I was served lawsuit papers from a business creditor. When I was divorced from my spouse earlier this year I was removed as a member/manager of our business we owned together, which is an LLC. Can I be liable or have my wages garnished for this lawsuit? Court date in Missouri is July 13th. What do... Read more »

Adam Studnicki
Adam Studnicki answered on Jul 14, 2015

If you were served papers, you should make sure and hire a lawyer to respond before a default judgment is entered against you. Whether or not you are right or will win, you have to respond promptly.

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