Business Law Questions & Answers

Q: Need advice on signing an agreement to split the benefits of a buyout of a medical malpractice provider I used

3 Answers | Asked in Business Law, Employment Law and Medical Malpractice for New York on
Answered on Sep 12, 2018
Michael David Siegel's answer
Sounds like a scam. Berkshire Hathaway is a public company. Why would you get money from a buyout?

Q: Can investors sue sharholders of a corporation

1 Answer | Asked in Business Law and Civil Litigation for Colorado on
Answered on Sep 10, 2018
Donald C Eby's answer
Not sure what you mean here. An investor generally is a shareholder. If you get sued, I'll be happy to defend you.

Q: Should I file a claim against a company that will not give me my deposit fee back?

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Illinois on
Answered on Sep 10, 2018
T. J. Jesky's answer
Illinois Statute (765 ILCS 710) is directed towards all landlords in Illinois for residential property containing five units or more in an apartment complex or in a single building. Under the Illinois statute, a landlord needs to return the security deposit within 30-45 days, of vacating the premises.

In this case, you never occupied the premises. This appears to be another example of the landlord

taking advantage of a "would-be" tenant. Many landlords do not understand the...

Q: What are California State laws in regards to a business and how much light is needed after dark outside ?

1 Answer | Asked in Business Law for California on
Answered on Sep 10, 2018
Thomas A. Grossman's answer
When the manager said the Sate "cleared them for business," that doesn't mean that they can't be sued for the failure to detect and cure a hazard on their property. It sounds like the lighting was bad enough to be called a hazard, and should at a minimum have had barriers or signs put up in that area. I don't know how badly injured your son was, but if it is bad enough you can sue the company for negligence. I have not seen the sight of the accident, so I can't tell how good your chances...

Q: I am in Canada under student Visa. I have an idea i wish to convert to online business service.What is the procedure?

1 Answer | Asked in Business Formation, Business Law and Immigration Law on
Answered on Sep 10, 2018
Kevin L Dixler's answer
As an F-1 student, you are to engage in your studies on a full time basis until graduation. If you live, work and draw remuneration from such activity, without ‘proper’ employment authorization then you violate the law.

If you have an idea that you are ready to pursue, then you must return to Canada. Otherwise, you run the risk of falling out of status and possibly becoming an overstay.

I strongly recommend an appointment with a competent and experienced immigration attorney...

Q: Why is it important for the criminal justice professional to understand the law?

1 Answer | Asked in Business Law, Construction Law, Consumer Law and Criminal Law for North Carolina on
Answered on Sep 9, 2018
Timur Akpinar's answer
I do not practice in North Carolina. But from the standpoint of general law, I’ll try to answer the three questions you pose here. It’s important for criminal justice professionals to understand the law because they have to enforce it based on situations they encounter with the public. It’s important for the average citizen to understand the law because the law affects their daily conduct in terms of rights and duties. If one is ignorant of the law or constitutional rights, the basic...

Q: HOA amendment special meeting held July 7 2018 board states they can collect more votes is this legal

1 Answer | Asked in Civil Litigation, Education Law, Real Estate Law and Business Law for Florida on
Answered on Sep 8, 2018
Jonathan A. Klurfeld's answer
There is nothing in the statutes that the HOA cannot try to collect votes and then try again at another properly noticed meeting. And you are confusing 2 separate topics. A quorum is how many members are required to even hold a meeting which is 30% per 720.309(1)(a); unless your covenants call for less than 30%, it cannot be more. It sounds like you had a quorum at 31%, but not the votes to pass the amendments (per your covenants whatever that percentage is). But that all revolves around...

Q: I am lease purchasing a truck from Lone Mountain Truck Leasing in Iowa. I will then lease onto a carrier based in FL

1 Answer | Asked in Tax Law and Business Law for Florida on
Answered on Sep 7, 2018
Alvaro Augusto Acevedo's answer
Unfortunately there are many variables here. The general rule is that if the vehicle will not be operated in Florida, they should not have to add sales tax. Call me for a free evaluation www.lawyercpa.com.

Q: SECTION 125 PLANS. HOW TO OPT OUT OF THE PLAN AFTER ENROLLING.

1 Answer | Asked in Business Law and Tax Law for Illinois on
Answered on Sep 5, 2018
T. J. Jesky's answer
A Section 125 offers different options for employees. It allows employees to choose among medical, dental, vision, and other employee benefits, or they can receive the same amount in cash.

The Plan meets the specific requirements of Section 125 of the Internal Revenue Code of the IRS.

Note, the 125 plan does not provide health insurance.

In response to your question, employees are locked into their designated contributions for one year and they cannot change this...

Q: Can a manager who is not your manager disclose your salary information to other employees?

1 Answer | Asked in Business Law and Employment Law for Illinois on
Answered on Sep 4, 2018
T. J. Jesky's answer
Most larger Companies have a Policy and Procedure Manual. That being said, it is doubtful that leaking a salary would be in the Manual; however, if is in the Policy and Procedure Manual, you have your answer.

If the information leaked was accurate, and you have no damages, you have little recourse. Separately, it doesn't speak well for the manager who leaked the information. Upper management is not going to trust this manager with confidential information.

Q: Registered LLC and co-founder question

1 Answer | Asked in Business Law and Contracts for New Jersey on
Answered on Sep 3, 2018
Leonard R. Boyer's answer
This is a prime example why people who want to set up a business need to retain an attorney to prevent problems, especially when you mix business and friendship. A one member LLC is useless. I would never set up less than a 3 member LLC for any client. The next thing you need to do is have your "friend" sign a document which is known as a non-compete, non-disclosure and non-circumvent agreement. You did not indicate how your LLC could negatively impact your employment with your employer, so...

Q: stolen business identity

1 Answer | Asked in Criminal Law and Business Law for Missouri on
Answered on Aug 31, 2018
Ronald J. Eisenberg's answer
Here’s the Missouri computer tampering statute. https://law.justia.com/codes/missouri/2016/title-xxxviii/chapter-569/section-569.095/

There’s also a federal one. You may only have a subpoena issued if the lawsuit has been filed. Also, depending on the location of the business you which to depose, things can get very complicated and costly because a Missouri subpoena won’t issue for a business that is not subject to personal jurisdiction here. Call a lawyer next week if this is...

Q: Purchased a Tv from Best buy for 3500 they delivered and installed a Tv to my wall that cost 5000. Do I have to give bk

1 Answer | Asked in Business Law for Colorado on
Answered on Aug 31, 2018
D. Mathew Blackburn's answer
Can you resubmit the question it doesn't really make any sense and I can't understand what you're asking. Thanks.

Q: What’s the best way to save money on taxes when trying to form an llc or Corp with personal 1099?

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on Aug 30, 2018
David Lacher's answer
So long as your corporation is an S Corp, there is no real practical difference with respect to taxes between that and an LLC. The profits and losses of the business flow through to your personal tax return in either instance. But there might be other considerations which favor one form of entity over another. For sure, it is more expensive to form an LLC in New York State because of the publication requirement, which does not apply to other business entity forms.

Q: Can a state agency require me to purchase a particular brand of software to be able to work with them?

2 Answers | Asked in Business Law and Gov & Administrative Law for California on
Answered on Aug 29, 2018
N. Munro Merrick's answer
Don't you have a professional association? Are you not a member? Since I assume other CA architects are in the same boat, the Association would seem to be the appropriate instrument of get you an answer.

My personal guess is that unless you can show some unprofessional reason for the choice of that software company, as Nixon once said, "If I say it's legal, it's legal!" OF course, substitute the state of California for "I".

Q: What are the laws around allowing dogs in drink-serving establishments in California

1 Answer | Asked in Animal / Dog Law and Business Law for California on
Answered on Aug 29, 2018
William John Light's answer
You can call the Health Dept. and make a complaint. https://www.acgov.org/aceh/contact.htm

Q: What are my rights ??

1 Answer | Asked in Consumer Law, Business Law, Civil Litigation and Civil Rights for Louisiana on
Answered on Aug 29, 2018
David A Onstott's answer
Don't panic! Disputes like this one are very common in all businesses, and more oftentimes they are settled without the need for expensive litigation. Typically these types of claims are handled by your insurance, who will provide legal defense and indemnification (payment of your damages) on claims under your policy. Unfortunately, if there was no active policy at the time of the incident, then you may be on your own.

The first thing you need to know when dealing with a dispute is that...

Q: If a phone conversation was recorded without your knowledge, though Legal, can it be made public or are there rules?

1 Answer | Asked in Business Law for Louisiana on
Answered on Aug 29, 2018
David A Onstott's answer
There is no easy way to answer this question without knowing the content of the conversation and the method by which it was "made public". However, I can say that there are rules. There are rules based on the First Amendment; there are rules based on contract; there are rules that based on statute; and there are rules which may be implicated by circumstances or by the relationship between the parties.

The importance of free exchange of ideas and facts to our democracy is enshrined in...

Q: Can you help me prepare for my small claims case against a contractor?Thank you,

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Law for California on
Answered on Aug 29, 2018
N. Munro Merrick's answer
Here are some tips: Appearance: 1. Dress respectfully. If you are in business, dress for work. 2. Address the judge as "Your honor" if he is a judge. You may get a commissioner in San Diego. hat title or just plain "Sir" works fine. 3. Never interrupt the judge or your opponent. 4. Stand when addressing the court unless the judge says to sit. 5. Have your documents ready, one copy for the judge, one for your opponent. Give the opponent copies as soon as you can. 6. Know what you are going to...

Q: Should I hire a lawyer at where I sign a contract?

3 Answers | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for California on
Answered on Aug 28, 2018
William John Light's answer
There is probably a provision in the contract that specifies the state whose laws will apply and where the appropriate venue is in the event of litigation. That state is probably where you should look for an attorney.

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