Business Law Questions & Answers

Q: Do these patents apply to using these specific processes in all organisms or specific to insects?

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Patents (Intellectual Property) on
Answered on Mar 2, 2019
Kevin E. Flynn's answer
Your question as conveyed to the attorneys to answer did not include the patent numbers. The limits of the scope of patent coverage is defined by the precise wording of the claims. Reading the claims should give you a good idea of the claimed scope. You may need to check with a patent attorney to confirm that you are free of the claims.

Kevin E Flynn

Q: What section/article of MD Code deals with requirements for non-profit associations re: budget approval by board?

1 Answer | Asked in Business Law for Maryland on
Answered on Mar 1, 2019
Mark Oakley's answer
MD Code, Corporations and Associations, § 2-409. Place and notice of meetings

(a) Unless the bylaws of the corporation provide otherwise, a regular or special meeting of the board of directors may be held at any place in or out of the State or by means of remote communication.

(b)(1) Notice of each meeting of the board of directors shall be given as provided in the bylaws.

(2) Unless the bylaws provide otherwise, the notice:

(i) Shall be in writing or delivered...

Q: If your wife signs her company over to one of her affiliates for free then files divorce do you have legal recourse?

2 Answers | Asked in Divorce, Criminal Law and Business Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
Yes, you have legal recourse in a divorce. Marital assets are subject to division, including assets improperly transferred. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the details and advise you of your options.

Q: Help with the calculation

1 Answer | Asked in Tax Law and Business Law for New York on
Answered on Feb 28, 2019
D. Mathew Blackburn's answer
Distributions from S-corps don't go on the 1040, just the net income.

Also, S-corp income goes on the Sch E not the Sch C.

Distributions go on the K-1 and adjusts your basis. They don't affect income except for very limited circumstances.

I'd suggest you find a professional if you're running an S-corp it's worth it.

Q: Can someone in Rhode Island buy a bottle of distilled spirit or wine from a rectifier for OFF-PREMISE consumption?

1 Answer | Asked in Business Law for Rhode Island on
Answered on Feb 27, 2019
Neville Bedford's answer
Generally, no, as that would be construed as a retail sale, and this statute only provides for wholesale.

SEE: TITLE 3

Alcoholic Beverages

CHAPTER 3-6

Manufacturing and Wholesale Licenses

SECTION 3-6-6

§ 3-6-6. Bottling and sale privileges of a rectifier's license.

A rectifier's license also authorizes the license holder to bottle distilled spirits and wines without rectifying or blending and authorizes the sale at wholesale at the...

Q: Can I sue this app?

1 Answer | Asked in Business Formation and Business Law for California on
Answered on Feb 27, 2019
Jason Brooks' answer
While I haven't looked at Poshmark's Terms of Use, I would advise you to fully review the app's Terms, as they most likely provide a means of filing a grievance of some sort if there's been a delay in payment. If your payment is only 1 day late and you just contacted support, I'd expect them to take a day or so to get back to you. If, after a few days you still have not received a response, nor have you received your payment, then, subject to any limitations or other requirements you agreed...

Q: Can 2 separate businesses register very similar wordmarks (US Federal Trademark) in different trademark categories?

1 Answer | Asked in Business Law, Copyright and Trademark on
Answered on Feb 27, 2019
Marcos Garciaacosta's answer
mmh, be careful.

You can try filing with the trademark office.

it is the owner's responsibility to monitor potential infringements.

The USPTO can go either way, but the original owner can file protests and oppositions.

Because cosmetics is close to the service of a beauty parlor you may (or not) have a basis for the complaint.

If they got the trademarks and time has passed, you may be out of luck.

Contact me if you have any questions.

Q: i made 8k on my s-corp and i took that money out and put it into my disregarded llc how would i have to report it

1 Answer | Asked in Tax Law and Business Law for New York on
Answered on Feb 25, 2019
D. Mathew Blackburn's answer
You would file an 1120S for the S-corp income of $8k, issue a k-1 to yourself showing box 1: $8,000; Box 17: D $8,000 for the distribution to yourself.

Then record an $8,000 capital contribution to your LLC.

Q: I received a copy of a Request for Entry of Default Judgement filed by an equipment leasing company. How do I respond?

1 Answer | Asked in Business Law, Civil Litigation and Collections for California on
Answered on Feb 25, 2019
Vernon Charles Tucker's answer
If you received a Request for Entry of Default you are in a tough position.

This means service has been effectuated upon you and your responsive pleading was already due by now.

The defendant has now requested a default to be entered against you and this will happen unless you file a responsive pleading BEFORE the default is entered. I don't want to give you false hope so unless the default is rejected you have lost the opportunity to respond. You are now in a default position...

Q: When a Permanent makeup artists is creating an LLC, does it need to be a Professional LLC?

1 Answer | Asked in Business Law for Michigan on
Answered on Feb 25, 2019
Brent T. Geers' answer
No. And unless the makeup artist is a qualified licensed professional under the Act, he or she cannot file for a PLLC. There is no distinction between an LLC and PLLC other than to be a PLLC, the owners (or "members") must all be licensed professionals. Very generally, a PLLC applies for lawyers, doctors, dentists, architects, and some other professions.

Q: I am a state licensed CPT 1. I work within a spa in which I would like to administer vit b12 shots. Am I legally able?

1 Answer | Asked in Business Law for California on
Answered on Feb 25, 2019
Thomas A. Grossman's answer
I doubt that it would be legal. I think only doctors can administer shots, otherwise you would be deemed practicing medicine without a license.

Q: There was a fire in my home caused by faulty wiring put in by an AC company. Can I sue the AC company?

2 Answers | Asked in Business Law and Civil Litigation for California on
Answered on Feb 24, 2019
Vernon Charles Tucker's answer
If your insurance company paid you then you would only be entitled to any out of pocket expenses that were not covered by your insurance company.

Your insurance company will be pursuing the A/C company for the damages sustained to your home via subrogation. If you have any additional damages you would want to join forces with your insurance company efforts to recover the money via subrogation.

I would let your carrier know you have additional expenses and they will add it to...

Q: about harassment in 2016 that im still effected by today.

1 Answer | Asked in Consumer Law, Business Law and Civil Rights for Kentucky on
Answered on Feb 23, 2019
Timothy Denison's answer
You would need the records of the calls or some sort of proof that the calls were actually made. The statute of limitations may have also run.

Q: i have an s corp and i didnt pay myself a w2 in 2018? what do i do acn i pay myself a 1099?

1 Answer | Asked in Tax Law, Business Formation and Business Law for New York on
Answered on Feb 22, 2019
D. Mathew Blackburn's answer
If you didn't pay wages you can't issue a W-2.

A 1099 does not solve the problem and creates self-employment tax.

Make an estimated tax payment on IRS.gov or EFTPS.gov.

Q: How do I buy a trademark that is no longer active?

1 Answer | Asked in Business Law, Copyright and Trademark for Florida on
Answered on Feb 21, 2019
Jason Brooks' answer
It doesn't work that way. If a trademark is dead or abandoned, you must go through the process re-registering the mark by filing a registration application with the USPTO

Q: i am a real estate agent and i have an s corp can i pay myself a 1099 or do i have to pay myself a w2?

1 Answer | Asked in Business Formation, Business Law and Tax Law for New York on
Answered on Feb 21, 2019
Michael David Siegel's answer
As the year is over, it is too late for a wage payment as you did not withhold taxes. Therefore, issue a 1099. The tax issue is the same, as you will pay self employment tax on the 1099 income.

Q: A partner and myself own a LLC in the state of Arizona. He passed away. He was the statutory agent. I filed a resolution

1 Answer | Asked in Business Law for Arizona on
Answered on Feb 21, 2019
Peter H. Westby's answer
The family of the deceased member might be able to dissolve your LLC. Your Operating Agreement may be of help. It may have provided a succession plan in the event one of the members died. I recommend that you consult with an attorney concerning your legal rights and best options for preserving your business.

Q: doing my taxes now i dont remember when i opened my corp

1 Answer | Asked in Business Law and Tax Law for New York on
Answered on Feb 21, 2019
Michael David Siegel's answer
If it is a New York corporation, you can do a business name search at the website of the Secretary of State of New York State.

Q: can I use companies trademarked logos on another brand listing that makes money?

2 Answers | Asked in Business Formation, Business Law, Copyright and Trademark for California on
Answered on Feb 18, 2019
Thomas A. Grossman's answer
Only if you want to risk being sued by the other companies for Trademark Infringement.

Q: I had a verbal breach of contract when I signed an offer letter as an independent contractor, can I sue for this matter?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Illinois on
Answered on Feb 18, 2019
Steve McCann's answer
You may be entitled to a remedy based on the facts provided, but the viability of recovering on such an action is dependent on specific facts that are not provided here, such as the details around the statements made, as well as the terms of the offer letter you reference. That being the case, I recommend you organize everything in your possession related to this matter, including the offer letter, and consult with an attorney individually. Many of us offer free consultations, and will gladly...

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