Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2025

Your idea by itself isn’t protectable. What you can protect are (1) the implementation (code, architecture, algorithms) through copyright, trade secrets, and possibly patents; (2) the brand through trademarks; and (3) your disclosures through well-drafted confidentiality agreements. An LLC helps... View More

Jason Savarese Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2025

Ask an accountant in your state about whether an LLC or S-Corporation would be better for you. One may save you more in taxes than the other.

An NDA and non-compete agreement are crucial before discussing your idea with investors or partners. The idea is the valuable commodity; once it is... View More

How a member is removed (or can be) is dependent on the language in the LLC's Operating Agreement. Review the terms regarding removal of a member. Some Operating Agreements provide for involuntary removal/expulsion through a vote by other members or for specific events like bankruptcy or... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2025

In California, a co-owner generally cannot unilaterally “remove” another member from an LLC or strip that person’s ownership without the member’s consent or a valid legal basis in the operating agreement or statute, and certainly not without notice. Unilaterally closing the LLC’s bank... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2025

Members have statutory inspection and information rights that a manager can’t waive or ignore. Put a formal written demand on the manager and the LLC (not just a text), cite the Corporations Code, give a short deadline, and request a date to inspect and copy the required records. If they still... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2025

If you're not in the United States yet, there is no trademark conflict. But if you're planning to enter the United States, you have a problem for which you need legal advice based on a candid and detailed set of information that you can't provide here. Entering the United States with... View More

To obtain a patent in the US, here is the process for someone in India.

(1) Find a patent attorney in India. To find such a lawyer, you may contact a lawyer that you already know who will be able to provide you a reference.

(2) The patent attorney in India should determine if your... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

Regarding the LLC agreement amendment, I would advise to review the agreement and follow the procedures outlined there for management changes. Even if an amendment isn’t required, it’s good practice to document the decision in writing (e.g., through a resolution or updated management... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

You can legally operate as a mobile notary and loan signing agent as a sole proprietor without forming a business entity. However, forming an LLC could offer significant advantages, particularly for liability protection and professional credibility, which are especially relevant given your plans to... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2025

There are indeed specific naming requirements you must follow under state law. The California Business and Professions Code, which governs professional clinical counselor corporations, mandates that the name of your corporation reflects its professional nature and purpose.

Specifically,... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2025

To obtain a business license for a direct cremation entity in Riverside County, California, you must apply to the Cemetery and Funeral Bureau, which oversees crematory licenses. Follow the link to submit your application online: https://cfb.ca.gov/licensee/app.shtml

Given crematories... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2025

As a sole proprietor, all of your business assets are your assets. There is no separate entity. At a minimum you need a will that leaves your business assets (or everything you own, if that is your desire) to your wife when you die. But you should seriously consider creating a revocable living... View More

There are a number of ways a person can take over another person's business, including through a Trust or Will, by incorporating or forming an LLC and having specific language in the legal documents, etc. The law in California is that anyone with "probatable" assets valued at more... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

You are not obligated to sign a personal guarantee for the SBA loan unless you explicitly agreed to do so in a prior agreement. Since you mentioned there was no prior written agreement about stock ownership after departure and you never saw or approved the SBA loan, you are not legally bound to... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

Assuming you have a valid contract (oral or written) between you and your partner, you can file a civil action for breach of contract. To prove a breach of contract claim you would need to establish the existence of a contract, your performance or excuse for nonperformance, the other party's... View More

It is always smart to trademark your business name in order to protect your brand identity and to ensure no one else can use or infringe on your business name and brand you are building. You can file a trademark with the USPTO and it is always smart to consult a trademark attorney to guide you... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2025

Choosing the proper structure depends on multiple factors, including liability concerns, taxation, and how much control each party has. A Limited Partnership (LP) requires at least one general partner, who manages the business and bears personal liability, and one or more limited partners, who... View More

While a Limited Partnership (LP) could be one option, other legal structures or customized contracts, such as a profit-sharing agreement, independent contractor agreement, or hybrid partnership agreement, may better suit your needs. The final decision will depend on several factors, including your... View More

Pavel Kolmogorov Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2024

The business model described, which involves sharing sports betting predictions and odds without facilitating actual betting or linking to gambling sites, may not fall under the definition of gambling in many jurisdictions. However, the legality can vary significantly by state.

In... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2024

Yes, you can form an LLC in California with a non-CPA partner for the type of advisory firm you are planning. California allows LLCs to offer accounting, bookkeeping, controller, and CFO advisory services as long as they do not include audit, attest, or compilation services. This means you can... View More