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Pennsylvania Business Law Questions & Answers
2 Answers | Asked in Business Formation and Business Law for Pennsylvania on
Q: Does a PA (USA) Sole Proprietorship have to file DBAs for other states and Foreign Countries?

Background: I am going to see life coaching clients from all over the USA/world by online teleconferencing software.

Do I need to file DBAs for each USA States and Foreign Country when I encounter a new client from a new country/USA state?

Robert Kost
Robert Kost answered on Jan 3, 2022

Assuming you will be 'headquartered' and conducting business in PA from a teleconference originating in PA, I believe the answer is "no."

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1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: This is regarding a business contract I have with an electronic signature company regarding records.

without a court order nor my permission who has the legal right to contact and receive the records that were signed and uploaded to the electronic signature company software. Please remember I am the client who has the contract with this company. A third party signed a contract and is attempting... Read more »

Robert Kost
Robert Kost answered on Dec 13, 2021

What does your contract with the electronic signature company say? What do you mean when you say "attempting to obtain"? Subpoena? I'm not sure what the detective has to do with it.

This question is difficult to answer as stated. It would be best to obtain advice of counsel.

Good luck.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Small Business legal advice

I registered three business names as LLCs and received EINs in New York State. One business is online (functions in Pennsylvania) and the other two are for real estate and branding purposes. I haven't made any money and I forgot to publish the businesses in the newspaper. Should I publish now... Read more »

Robert Kost
Robert Kost answered on Nov 10, 2021

The good news: there is no publication / advertising requirement for Pennsylvania LLCs. There's also no need to change the LLC structure in order to pay yourself when the business profits (or even before it does). We can take up the general business counseling in an out-of-band... Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: Am I responsible for a loan my dad got a for business from the previous owner?

My dad got a business loan from the previous owner of said business in 2005. Regular payments have been made to the lender since. My dad recently died and now the lender said the balance was supposed to be paid over 7 years ago and wants the rest of his money from me.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

You are not responsible for the debts of your father. Tell the lender to submit the debt to the estate.

However, if the loan isn't personal but a business loan, if the business is up and running it can be submitted to them.

Jot down each time they call, who you speak to, the...
Read more »

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: If someone changes things in a commercial lease, with white out, post signing it, is that a breach of contract?

We put down 4,000 to open a business. We signed the lease but because of Covid, weren't able to get the paperwork in the normal, timely fashion. When we went to get the lease, it was altered.

Nellie T Schulz
Nellie T Schulz answered on May 6, 2021

I don't think there are enough facts in your question to be able to give any response It doesn't say whether you took a copy of the signed, unaltered lease with you at the time you and the landlord signed it; or whether you told the landlord that the lease had been changed when you... Read more »

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: how to legally make contracts and what to put in them.

I want starting a business with someone else using my idea/system that i made, I want to share the business 50/50, how can I make this legal, as well as make sure they don't steal the information and use it somewhere else?

Michael Cherewka
Michael Cherewka answered on Apr 8, 2021

You have a number of questions here that you really need to sit down with a business attorney and sort through your best options. First of all I never recommend a 50/50 split of ownership because it can lead to deadlocks at a number of levels in the business. As far as your idea/system, that... Read more »

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: Can you be sued for defamation of character if you didnt complete a job for someone and stated why to them?

I have a cleaning company, the client complained that we did mot finish few things, i told her the reason why was my crew saw a bug that they thought to be a roach and did not want to return., i offered to return 3 seperate times myself even though i saw a dead one., she refused and asked for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

It is not defamation or slander if the conversation is between the two of you. Defamation and slander require that there be some public statement. Do not, by the way, discuss this on facebook or any social media--that's where people get into trouble!).

All the best.

1 Answer | Asked in Tax Law, Business Formation and Business Law for Pennsylvania on
Q: Filing a single member LLC in PA as a CPA, are tax preparation services considered restricted professional services?

I am filing an LLC in Pennsylvania to provide general accounting service and preparing tax as a CPA, are the services to be provided considered restricted professional services? The LLC will be a single member LLC. The member is a licensed CPA. No public accounting (typically Auditing or advisory)... Read more »

Michael Cherewka
Michael Cherewka answered on Jan 11, 2021

The term "public accounting" as defined in TItle 15 (Section 8996(d) is broader than auditing and advisory services. In fact it specifically lists preparation of tax returns in your capacity as a CPA.

1 Answer | Asked in Trademark, Copyright, Business Law and Intellectual Property for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... Read more »

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How to resolve a trademark dispute between 2 ex business partners going separate ways, no written contracts were signed

5y ago 2 business owners decided to join forces by launching a branded product.

Both operated as 2 separate sole proprietorships, and that did not change with creation of the brand.

Person A registered the domain, did product development and paid for the initial production.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Tough, tough situation.

Unless you can resolve it amicably, you will have to resort to litigation.

The best approach would be to move on and pick a new trademark.

I can not believe that the product is so unique that you can not replicate the success.

Consult with an...
Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: Can I sue my place of business if I contract covid?

A couple months ago, my place of business started a mask policy, but never enforced it. There were only a few people who wore a mask. Many higher-ups, who even started the policy, didn't wear the mask and considered the virus to be a joke. Today, somebody in the company has tested positive and... Read more »

Kent Petry
Kent Petry answered on Oct 22, 2020

These are new questions facing the court, but depending upon your injuries or specific facts, one of two scenarios is likely. Either, (1) you can file a suit for something like negligence, personal injury, or wrongful death against the employer, or (2) you can file a workers' compensation... Read more »

1 Answer | Asked in Copyright, Business Law, Military Law and Trademark for Pennsylvania on
Q: Good afternoon, I am starting a company called MARINEFIT. Could I get sued for using MARINEFIT or is it okay?

I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

Hi there,

First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!

To the merits ...

Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively...
Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Collections for Pennsylvania on
Q: What type of lawyer would i need to pursue a suit against a finance company?

My car loan company wrote my loan off as a skip and placed it in collections then a year later (This april) reopened the account without my knowledge and consent and added thousands onto the balance as missed payments. When contacted about it they say they have no knowledge of this but my credit... Read more »

Nellie T Schulz
Nellie T Schulz answered on Sep 17, 2020

You should contact a Litigation Attorney who is experienced in consumer loans and practices in the county where any lawsuit would be brought. Your county bar association should be able to refer you to an appropriate attorney, if you don’t know of one.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: Can a hotel in Pennsylvania refuse service to a local customer who went to check in who made a reservation in advance
Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Pennsylvania attorney could advise best, but your post remains open for four weeks. It should not happen under ordinary circumstances, but COVID has introduced some new issues to the hotel and hospitality industry. If it is for other reasons, an attorney could advise more meaningfully with... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for Pennsylvania on
Q: Where do I go when the Pa. Dept. of labor & Industry won't investigate unlawful business practices that they themselves

Have on their website? I also have been dealing with retaliation from this former employer that directly caused further damage to my heart due to loss of income and medical expenses nearly $250,000 from fraudulent accusations that have been proven false by Pa. Unemployment.

Tim Akpinar
Tim Akpinar answered on Aug 22, 2020

At this point, with no response for five weeks, you could reach out to attorneys. Discussing the matter in confidence with an experienced employment attorney could be preferable to a public forum as well. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Pennsylvania on
Q: Which box to check on the “Pennsylvania Department of State bureau of corporations and charitable organizations” form?

For amendment, withdrawal, cancellation boxes

Nellie T Schulz
Nellie T Schulz answered on Aug 2, 2020

There are dozens of forms on that website and each one has detailed instructions. Without knowing what form you are referring to or what the purpose is of the form, it’s not possible to say which box should be checked.

2 Answers | Asked in Business Law and Copyright for Pennsylvania on
Q: Are you able to legally sell a picture of a celebrity, that you took. Then print the photo you took on clothing to sell?

I.E. If you pay a photographer to take a picture of a professional athlete, can you then sell that picture on clothing? Since you now technically own the image.

John B. Hudak
John B. Hudak answered on Jun 28, 2020

There are two elements here – rights to the image under copyright law and rights to the use of the image related to rights to publicity/likeness/privacy related to the famous person (and maybe others). You are claiming rights to the image under copyright. You need to clear the rights related to... Read more »

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1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: Contractor agreement was for a certain price but then I was charged an additional 3% for him choosing to use Square app.

We signed an agreement for a certain price and then I was charged an additional 3% because he chooses to use the Square application as form of payment. What are my options? Why should I have to pay more for the contractor's choice of method of payment, especially since it was not specifically... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 23, 2020

PA has a home improvement consumer protection law. If the contractor did not notify you in advance that this charge would be incurred for using Square for payment you may have a claim. I would suggest contacting the PA Attorney General's office to see. Good luck.

2 Answers | Asked in Real Estate Law, Business Law, Construction Law and Land Use & Zoning for Pennsylvania on
Q: How do I find an electrician's insurance company if he will not provide it? Damage was done and need to know next steps.

Electrician performed an electrical service upgrade to 200 Amps without pulling a permit. Also, when approached about damages that he caused to my hardwood floors since he refused to take shoes off or work with booties, he denied liability and just walked off the job, keeping my initial down... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

Hire an attorney and file a lawsuit

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2 Answers | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: Conducting business in Partnership and sole proprietorship at same time in same type of business with few modifications.

I have registered an LLC called XYZ INVESTMENTS. With this newly registered entity, I have invested in a produce store called FRESH PRODUCTS, and bought 25% share under XYZ INVESTMENTS in FRESH PRODUCTS business. Now FRESH PRODUCTS has 4 business partners (which also includes my LLC - XYZ... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 16, 2020

Please see the answer I provided to this question when you previously asked it.

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