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Tennessee Business Law Questions & Answers
2 Answers | Asked in Business Law and Contracts for Tennessee on
Q: Are "evergreen" or automatic renewal clauses in contracts legal in Tennessee?

We are a marketing firm that has to have our clients re-sign a contract every year.

We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.

Is this legally binding in the state of Tennessee where we operate?

Thanks

Paul E. Tennison
Paul E. Tennison answered on Aug 4, 2020

This is the type of question that you should consult with a business attorney to discuss. An experienced attorney would be able to answer this question and likely improve the draft of your current contract in other ways to make it more favorable to you then whatever you are currently using. Good... Read more »

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2 Answers | Asked in Business Law and Contracts for Tennessee on
Q: Are "evergreen" or automatic renewal clauses in contracts legal in Tennessee?

We are a marketing firm that has to have our clients re-sign a contract every year.

We'd like to implement an "evergreen" clause so that they continue their service unless they express to leave with a 90 day notice.

Is this legally binding in the state of Tennessee where we operate?

Thanks

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 5, 2020

I am not aware of a prohibition on clauses that auto renew in contracts. But haven't researched the issue either. I believe there is at least one state that does restrict(and there may be others) so you would need to be careful whether you are contracting with someone in a state that may... Read more »

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1 Answer | Asked in Business Law and Stockbroker Fraud for Tennessee on
Q: What is insider trading? And if I’m buying and selling stocks am I at risk if I buy and sell stocks based on what I see?

Example if I buy stocks in apple after a lawsuit or a product flop when stocks low and turn around and sell the stocks when they release a new product when stocks are high. Is that insider trading??

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 2, 2020

Based on your statement, it looks like you are asking if insider trading is buying or selling stocks based on what you, as a member of the general public sees, for example, on the news. That is not insider trading. Insider trading would be if you are an employee of Apple, for example, and you... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Tennessee on
Q: Can a landlord not refund the sec. dep. if you haven’t signed a contract & they never told you that it’s not refundable?

No contract has been signed. The agency/property managers did not disclose that the security deposit would be non-refundable prior to paying the security deposit. As soon as the payment was made they stated it was not refundable.

Anthony M. Avery
Anthony M. Avery answered on Jul 14, 2020

Landlords refuse return of security deposits all the time. You usually have to sue in General Sessions if you really want it back. The oral statements are pretty much irrelevant as the monies are supposed to be for a security against leasehold damages.

1 Answer | Asked in Business Law for Tennessee on
Q: My mayor in Chatt, TN just mandated masks on everyone when in businesses with penalty of $50 or 30 days in jail! Advice?

Just wondering what I can do to combat this insane unlawful tyranny. Thanks for the webpage and help.

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 8, 2020

Can a government in a time of emergency - without declaring martial law order all citizens to wear a mask? I haven't seen a case on this. Emergency powers are pretty broad by statute. Is the statute constitutional? Or is the law overly broad? As to what you can do- you would need to hire... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Q: Can an attorney cancel a hearing the morning of the hearing day? Also want make sure creditor remove off credit report.

A debt relief company has been taking money out of my account for last past year to pay My creditor monthly & at same time settle my case. If anything they hurt me more than helped. Months later I get a summon to court fr creditor filed L-suit of $8k up front or 4 months of $2k. That was bef... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You apparently have an attorney. Make him do his job, and do not expect this forum to interfere with your relationship. If you cannot get him on the phone, go to his office until you find him.

3 Answers | Asked in Business Law and Trademark for Tennessee on
Q: If I download a photo of actors and edit it to make it look like a sketch or art, can I use it commercially?

If I download a photo of actors or musicians or other public persons and edit it to make it look like a sketch or art, that makes it look significantly different, can I use it for commercial projects like T-Shirts or Mugs?

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

Given that most famous people have the Right to Publicity, meaning how they exploit their own fame, you will not be able to use their likeness without their permission. Best to consult with local business/intellectual property counsel to understand fully what the Right to Publicity entails.

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1 Answer | Asked in Banking, Business Law, Civil Litigation and Civil Rights for Tennessee on
Q: I am asking for the websites of how to get an attorney under the bar for the state, federal or just the bar.

An example would be: tnbar@attorneys.org;

Anthony M. Avery
Anthony M. Avery answered on Apr 20, 2020

I have no idea what you are asking for, but start calling around for a lawyer to help you. Most attorneys will either help you or refer to somebody else that can. You can look around for websites, but you really need to talk to one either on the phone or in person.

1 Answer | Asked in Business Law, Contracts and Tax Law for Tennessee on
Q: Can a corporation retrospectively cancel their promised 401k match contribution.

I am an employed physician of a large health system in NE TN. Because of financial losses they are having due to Covid-19, they have mandated a 20% pay cut for all physicians for a 60-day period. IN ADDITION, they are cancelling the 401k match for the entire 2020 FY (July 2019 to July 2020), which... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 20, 2020

Before I answer this question please allow me to sit the stage: Your employer is struggling to stay on top of the waves during the worst economic downturn since the Great Depression--which started in October 1929 and lasted for most of the ensuing decade. IMO, you and all other employees should be... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: Can a small business in Tennessee make you work on a stay at home order in Tennessee?
Anthony M. Avery
Anthony M. Avery answered on Apr 17, 2020

Unless you have a contract Tennessee is an employment at will State. You can be terminated at anytime. So yes the boss can require you to work from home.

1 Answer | Asked in Employment Law, Tax Law, Business Law and Social Security for Tennessee on
Q: How to get SSA withholding that my now deceased employer failed to send to SSA?

My employer failed to send SSA withholding to SSA for many years. All employees' SSA statements show $0 for those years. She passed away last year and her family closed that business entity and reopened with a new name, retaining all employees. The new company has paid SSA as required. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2020

Generic legal advice to all humans being asked to sign anything important--ever: Before signing any document that in an y way raises concerns about the possible affect of that document you should ALWAYS send a copy of the document to your family lawyer and ask them to flyspeck it and advise you... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: What can be done if audit if LLC shows money missing or partner purchased personal items with LLC money?
Bennett James Wills
Bennett James Wills answered on Apr 14, 2020

Much more information is needed here. You should first look to the operating agreement for a remedy. If there's not one, demand the money back from the member. Otherwise, you may need to consider litigation against the member for misappropriation of company funds. In any event, you would be... Read more »

1 Answer | Asked in Contracts, Family Law and Business Law for Tennessee on
Q: If I completed my ordination online, can I officiate a wedding in the state of Tennessee?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Apr 9, 2020

No. T.C.A. 36-3-301. Persons who may solemnize marriages.

(2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other...
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2 Answers | Asked in Bankruptcy, Business Law and Tax Law for Tennessee on
Q: Should I file my business taxes as a Partnership or as a Corporation, if i plan to file bankruptcy?

The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.

Brian Aho
Brian Aho answered on Mar 26, 2020

The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... Read more »

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1 Answer | Asked in Business Law for Tennessee on
Q: Do I need permission from Scott safety to make an adapter that fits their equipment?

I am looking to make an adapter that fits to a Scott face mask that firefighter can use to put a filter in to protect the first responders from the coronavirus. I’m worried there may be an issue with making an accessory that connects to their facemask and I’m not sure if it’s a patented... Read more »

Paul E. Tennison
Paul E. Tennison answered on Mar 26, 2020

What you are attempting to do seems admirable to me in helping firefighters be able to safely continue their important work in the wake of the coronavirus pandemic. You are correct that there could be patent issues relating to this. This article I came across discuss potential patent infringement... Read more »

2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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1 Answer | Asked in Business Law for Tennessee on
Q: I was contracted by a 3rd party to do work. 3rd party no longer in business. Can I contact owner for payment?
Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2020

You are missing alot of facts which will be important. But if you are careful in deciding exactly who to sue and where to serve them, you might sue both of them for breach of contract in General Sessions Court. Also it may be worth your while to hire an attorney to file a Mechanics and... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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