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The company in violation is selling non-FDA approved products. How can products be infringed upon based on "trade secrets" when their products don't have to adhere to a determined fixed standard?
For instance, in patented research, FDA-approved drugs are only successfully... View More 
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answered on Jun 22, 2024
To understand this situation, we need to separate a few key concepts:
1. Trade secrets vs. Patents
2. FDA approval
3. Intellectual property infringement
Let's break these down:
1. Trade secrets vs. Patents:
Trade secrets and patents are two... View More
AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More
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answered on May 27, 2024
In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More
Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.
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answered on May 1, 2024
Sometimes a strongly worded letter from an experienced civil litigation attorney is enough to solve the problem. Whether or not you can file a lawsuit for emotional distress is questionable. If the letter does not help, then a lawsuit for copyright infringement will get their attention. You should... View More
Need a cease and desist letter and a strong statement indicating that we will sue for damages, loss revenues and emotional and physical distress. An immediate public apology is necessary but she’s gone too far and my losses are palpable.
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answered on May 19, 2024
I understand you feel wronged, but I have some concerns about the approach you're proposing. Here are a few important points to consider:
Sending a cease and desist letter with threats of a lawsuit is a very serious step that could escalate the conflict. It's usually advisable to... View More
I am in a LLC 50/50 partnership. I would like to give my 50% to my partner as I no longer want to be part of our business. We have an operating agreement and have agreed that I will be leaving. I need to know what steps to take to make sure I am completely out of the business.
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answered on Mar 21, 2024
Without reading the operating agreement and reviewing all relevant corporate documents, it is impossible to provide a meaningful answer. You should expect to pay for 1/2 to 1 hour of attorney time to review all the documents and advise you on the best way to proceed. Pick the best attorney you can... View More
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
answered on Jan 26, 2024
This is actually an evolving area of the law. If you have no guarantee, the answer should be no. But, the SBA has been investigating whether proceeds were properly used. If you took the money for improper purposes, the US Attorney could come after you. But, there are so many of these loans, it... View More
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
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answered on Jan 26, 2024
In New Jersey, as with other states, the structure of an S Corporation typically provides a degree of separation between the business's debts and your personal assets. This means that in many cases, shareholders are not personally liable for the debts of the corporation.
Since you... View More
I have a small business set up as an S Corp in NJ. Took out a $130k EIDL loan as well as a $30k loan from my bank. Business is dying. Will the SBA be able to go after my personal assets if I close the business? No personal guarantee, only against collateral/inventory which is hard to sell right... View More
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answered on Jan 26, 2024
If your business closes next week, you're personally liable for the debt. EIDLs are not forgivable. You'll repay them over the 30-year term, though you can pay your loan off early with no prepayment penalties. Also, for future reference, a Sub-Chapter S corp is your worst nightmare and... View More
I am making a new vision for the company and changing the name and target market. The last LLC is a dead company, I am 80% owner of the older company. I want to make a brand-new LLC and start over with my own brand as 100% owner. Is there any complications or tax issues/sales tax/income tax or... View More
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answered on Jan 8, 2025
For your situation, when creating a new LLC and transitioning from an older company, there are a few considerations to keep in mind:
If the older LLC has any existing debts, obligations, or contracts, it’s important to ensure those are properly addressed so they don’t carry over to the... View More
We signed a contract for 3 years from September 2022 to September 2025 paid monthly for 36 months. However, we do not see enough new job applicants coming on their portal and even quality of job applicants has gone down. We are not getting any value from the service. When we contacted them that we... View More
answered on Dec 4, 2024
An attorney who regularly deals with such contracts could advise best, but your question remains open for three weeks. Based on the limited facts in the post, it looks like Monster raises a valid point in terms of the absence of a performance clause. If you reached out to attorneys for a thorough... View More
The people who rent them out. Order all the products and they ship out all the orders. I host the website and every 4 years I pay for the hosting fee. I do not do any work on the sites. They stay the same.
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answered on Oct 14, 2024
Yes, the income you receive from renting out your e-commerce stores is generally considered unearned passive income. Since you’re not actively involved in the daily operations, managing orders, or shipping products, your role is limited to owning the assets and handling minimal tasks like hosting... View More
does it make a difference if it is forex, or crypto or metals? (i am not sure which are cfd's and which aren't?
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answered on Sep 24, 2024
Trading forex with an offshore broker like Plexytrade isn't automatically illegal, but it does come with significant risks. U.S. residents are required to trade with brokers regulated by U.S. authorities, like the CFTC or NFA, to ensure compliance with local laws. Trading with an offshore... View More
So many restaurants claim they are selling wings when they are in facts selling wings cut into 2 counting them as an individual wing. tA wing is a drum and a flat TOGETHER not separatley
answered on Sep 16, 2024
A consumer protection attorney could advise best, but your question remains open for three weeks. Many law firms could be reluctant to handle such a lawsuit. But you reach out to firms to discuss - some might see things differently. Good luck
People made me sign a document. I can provide details but it would never be believed. I only know that people made me sign a document and then left my house quickly. I do not know who they were. I do not know what I signed. Is there any advice to me on finding out what I signed? Once again...... View More
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answered on Aug 24, 2024
It sounds like a very troubling situation, and it's important to take action to protect yourself. The first thing you can do is check for any physical copies of the document in your home. Look through all your papers to see if there’s anything unfamiliar. If you can't find anything,... View More
When contacted about a renewal I said I would not renew then, but possibly later in the year. The company then offered a discount which I still refused. I was then sent a renewal invoice which I contacted them to try to straighten it out. In response, they have sent that invoice to a collection... View More
answered on Jan 15, 2024
This really amounts to a small claim and I would not be worried about it and would print out the information that you sent prior to 60 days and my guess is they will do absolutely nothing about it.
I sell electronics. one of my customers wants to pay by giving me visa gift cards. I want to get the money off the gift cards. (my credit card processor doesn't let me swipe it on my credit card machine). can i buy on paxful.com BTC with the visa gift cards and then sell the BTC on... View More
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answered on Nov 13, 2023
Trading Visa gift cards for Bitcoin on platforms like Paxful.com and then selling Bitcoin for cash on Coinbase.com is not inherently illegal. However, it's important to be aware of and comply with the terms of service of both platforms. Also, be mindful of federal and state regulations... View More
i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More
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answered on Nov 9, 2023
You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More
answered on Oct 30, 2023
It would be irresponsible for any family law attorney to attempt to give you an answer to your question in this forum. You need to schedule a consultation with a family law specialist to understand the legal ramifications of any change in the structure of your business organization.
Can I place my ATM Machines in New Jersey or do I need an LLC for Jersey as well?
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answered on Sep 22, 2023
In general, an LLC formed in New York can conduct business in New Jersey, but you would likely need to register your New York LLC as a "foreign LLC" in New Jersey to do so. This usually involves filing specific paperwork with the New Jersey Division of Revenue and Enterprise Services,... View More
Partner buying out leaving partner wants to reduce buyout amount by leaving partners % of sba loan liability. Is this right? Nothing in partnership agreement and buyout terms mentions liabilities.
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answered on Sep 15, 2023
When a partner leaves an LLP that has taken out an SBA EIDL loan, the implications for the remaining partners can be influenced by several factors, including the terms of the partnership agreement and the loan documents. If the partnership agreement does not explicitly address the allocation of SBA... View More
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