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Nebraska Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation, Immigration Law and International Law for Nebraska on
Q: I have a business registered in America, is there a way I could bring my girlfriend through that?

Trying to bring a foreigner through a registered American business

James L. Arrasmith
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answered on Mar 11, 2024

If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent...
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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Nebraska on
Q: Is it illegal for me to use Hidden Valley's Ranch seasoning to flavor my snack pretzels that I sell out of my home?

I use the Hidden Valley Dill Ranch seasoning to flavor my snack pretzels. I then package the pretzels under my brand and sell them at farmer's markets across my state, Nebraska. Is this illegal? Is using the Hidden Valley seasoning to flavor my pretzels that I resell under my brand illegal?

James L. Arrasmith
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answered on Feb 21, 2024

Using Hidden Valley's Ranch seasoning to flavor your snack pretzels and then reselling them under your brand could potentially raise legal concerns regarding trademark infringement or unauthorized use of the seasoning. While you may have purchased the seasoning legally, repackaging and... View More

1 Answer | Asked in Business Law for Nebraska on
Q: Do I have to do an independent audit if appendix k funds for covid put me over the $1, 500, 000 limit?

I own an llc providing services for the developmentally disabled through dhhs in Nebraska

T. Augustus Claus
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answered on Oct 19, 2023

In Nebraska, if your LLC received more than $1,500,000 in federal funds, such as the COVID-19 relief funds mentioned in Appendix K, you may be subject to additional reporting and auditing requirements. These requirements can vary based on the specific terms and conditions of the funding you... View More

2 Answers | Asked in Business Law and Municipal Law for Nebraska on
Q: I have flyers to hang up for business. Is it legal to hang them on neighborhood lightposts or the side of the mailbox?

The community mailboxes and metal street lights in the neighborhood for more clarification

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

It is almost certainly illegal to hang advertising flyers on lightposts, telephone posts, and mailboxes that do not belong to you.

The general rule is that, barring some local ordinance forbidding it, flyers can be hung on your own property or on another's property with that...
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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Nebraska on
Q: Can I use a picture of myself with a camera (brand visible) on my photography business card or should I cover the brand?
James L. Arrasmith
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answered on May 2, 2023

You can use a picture of yourself with a camera on your photography business card, even if the brand of the camera is visible. Generally, there is no legal issue with using a camera brand in promotional materials or advertising, as long as you are not implying any endorsement or affiliation with... View More

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1 Answer | Asked in Business Law for Nebraska on
Q: The business is 50/50. He’s getting a truck for personal/business he will be paying for out of his own pocket

He’s wanting to retain ownership but have it under his business name. What should he do? Thanks.

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

The Courts generally recognize how things are legally titled. You are generally asking for trouble if you want to legally place ownership under one party's name but have a side agreement that you don't really recognize how the property is legally titled. Vehicles come with liability.... View More

1 Answer | Asked in Business Law, Contracts and Employment Law for Nebraska on
Q: We get bonuses for meeting certain goals, contract it says one has to be active employee to receive bonus, do I qualify

Worked end of quarter as a store manager Kwik shop however I left before 60 days where bonus is given, contract is for incentive and retention would I be able to get my bonus

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

It depends on the specific terms of your contract or bonus. You would need to consult with an attorney directly and review the specific terms and documents in your situation.

1 Answer | Asked in Tax Law and Business Law for Nebraska on
Q: As a 100% shareholder in an S Corp in Nebraska I recieved a state tax lien notice. Is my personal property at risk?

Business was greatly affected by Covid and a chapter 7 filing by a customer. As a creditor the business, lost a significant amount of revenue. The tax lien notice does list the EIN for the S Corp, but only my name, is personally listed on the document. I need to know if any personal property,... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Yes, it is possible to be personally liable, but it depends on the specific facts of your case. One method is through "piercing the corporate veil." The tax collector is generally an aggressive creditor. You should seek counsel.

1 Answer | Asked in Business Law and Collections for Nebraska on
Q: My old dentist just now sent be a bill from 2016. After I asked for months for the bill. Do I have to pay?

They have recently retired. And are now asking for my payment. 5 years is a little silly

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

Check the statute of limitations for contracts in your state, if it is past that time you do not have to pay. If it is within the time limitations, you may have a defense called laches.

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: I want to sell digital art online through my own website. I live in Nebraska.

What tax and business law will i have to follow? When would i need to start paying taxes? Do I need a permit or anything like that? Where can i find accurate info about this?

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

The US Small Business Association might be a good place for you to start. The website of the Nebraska District Office of the SBA has tools to help small business owners get answers to their questions. For example, it looks like there is a seminar today in Lincoln, Nebraska about What's... View More

1 Answer | Asked in Business Law for Nebraska on
Q: How can I recover loss of use for commercial equipment? The other party is liable as it was hit and run.
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

You can pursue the liable party, if they can be found. Another option may be to make a claim on your insurance. You would want to review your insurance policies to see what coverage may be available.

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: Can I use the word muggle in my company name? I’m selling chocolates
Julie Fowler
Julie Fowler
answered on Jan 25, 2021

If you hope to benefit off of the potential intellectual property of another, you may be opening the door to legal action. Whereas using the name "Southwest" when referring to a chocolate company might not give you an issue, referring to a new airline and using the term... View More

1 Answer | Asked in Business Law for Nebraska on
Q: I want to sell private martial art lessons taught by me in my backyard, is there anything legal I have to do for this?

I want to sell a 30 minute class for 10$

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Your question is very vague. There is probably a lot of things that you need to do to follow the legal requirements. This could include whether operating your business violates any local zoning ordinances against running a business in a residential area. This could include setting up a legal... View More

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Civil Rights for Nebraska on
Q: I am a white man from Omaha, who was recently threatened to be killed with a machete or corn knife by a black man.

He lunged at me and started to swing the machete in a menacing manner while saying “I’m going to kill you.” If I understand the NEBRASKA laws correctly this is the crime of a terroristic threat and additionally, very likely a hate crime. What procedure should I follow in regards to this incident?

Julie Fowler
Julie Fowler
answered on Jan 6, 2020

Terrorist threats is a crime. You can call the non-emergency law enforcement phone number and request to make a report. It would then be up to the county attorney whether to file criminal charges based on that report or not.

If you are in fear that this person may come after you, can may...
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1 Answer | Asked in Contracts, Criminal Law, Business Law and Internet Law for Nebraska on
Q: i have been defrauded by a contractor , how do get him prosecuted, as even when i win in small claims he won't have pay

i have a signed contract to paint my house w/$2850 down in 11/28/18 in 7/29/19 in the witness of a police officer he refused to even"Start"

Julie Fowler
Julie Fowler
answered on Nov 18, 2019

If you have been defrauded by a contractor, you should contact the non-emergency law enforcement phone number and file a police report and/or contact the county attorney's office to report the crime. They will likely want supporting documentation of the fraud, so you will want to provide a... View More

1 Answer | Asked in Consumer Law and Business Law for Nebraska on
Q: Is it illegal in the state of Nebraska for a hotel to evict a guest from a hotel room if they overstay their reservation

...if they have a valid form of payment even though the room was reserved by someone else for that date several months earlier?

Julie Fowler
Julie Fowler
answered on Aug 21, 2019

A standard hotel doesn't generally need to evict. When the reservation ends, their license to reside in the hotel also ends. How a hotel handles when a person wishes to continue their stay and another person has booked a reservation for the same room isn't likely an eviction question... View More

1 Answer | Asked in Business Law for Nebraska on
Q: Have there been any cases regarding Neb. Rev. Stat. 60-1406.26?

How has the court applied the phrase "causes the sale of, or offers or attempts to sell new or used motor vehicles?"

Julie Fowler
Julie Fowler
answered on Aug 8, 2019

Nebraska revised statute 60-1406 currently only has 13 subparts (Neb. Rev. Stat. Sect. 60-1406(13) is currently the last subpart. There may have been other sections up to 26 in a previous version of the statute.

In order to find cases that cite a particular statute, there are a number of...
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1 Answer | Asked in Business Law, Consumer Law and Lemon Law for Nebraska on
Q: I reside in Nebraska. I bought a car from a buy here pay herr as is no warranty. However, I don't want the car anymore.

I called and ask to speak to finance and the guy that sold me the car said he is finance. I understand that most have in house finance but is it legal to have a different business name associated with the same address as the dealership? They literally claim they are calling the finance company... View More

Julie Fowler
Julie Fowler
answered on Jun 10, 2019

It is possible for a parent company to own both a car dealership and a financing company.

Unless the contract has a return policy, you can't generally return a used car after purchasing due to changing mind. If you can reach an agreement with the seller to allow the return, great....
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1 Answer | Asked in Business Law for Nebraska on
Q: How do I apply for a certificate of organization with Nebraska to form a LLC-Limited Liability Company?
Ryan P. Sullivan
Ryan P. Sullivan
answered on May 13, 2011

To form an LLC in Nebraska under the New Nebraska Limited Liability Company Act, the company must draft and file with the Secretary of State a Certificate of Organization which must include all of the relevant provisions identified in the Act. The company must then publish notice for four weeks... View More

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