California Business Law Questions & Answers

Q: Can I trademark a tagline of my UK company in the US? If so, does the company need to be registered in the US first?

1 Answer | Asked in Business Law and Trademark for California on
Answered on Mar 27, 2017

If you have registered the Trademark in the UK or the EU in the last 12 months you can file for a trademark in the USA using the international trademark agreements. Assuming the trademark has not been trademarked in the USA, it should not be a problem. Any UK Trademark Attorney or Trademark Agent in the UK should be able to assist you. However, you need to have a intent to use the Trademark in the USA. You might want to create a wholly owned LLC in the USA to operate in the USA, if that is...
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Q: Regarding the use of public figures names and public domain images in a retail card game.

2 Answers | Asked in Business Law for California on
Answered on Mar 26, 2017

Even public figures have a "right of publicity" to control how their name and image are used in commercial products. Be careful.
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Q: Pro Per, co-d former Employer, I have wrongful term complaint, can they release me in a settlement agreement?

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Business Law for California on
Answered on Mar 25, 2017

Is this a class action suit? You do not have to agree to a settlement, as that is your choice whether to do so or not. Your lawyer cannot settle without your approval. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...
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Q: Is a document called "professional service agreement" an employment contract ?

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for California on
Answered on Mar 24, 2017

That sounds like a contract, but you might still be considered an "at will" employee unless your potential contract states otherwise. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: I have a question about California State regulations regarding compliance by licensed agents and brokers.

2 Answers | Asked in Business Law and Gov & Administrative Law for California on
Answered on Mar 23, 2017

I am unaware of any change in law requiring all text messages to be stored. Business and Professions Code Section 10148, and Civil Code Section 1624, governs Real Estate professionals' requirements to maintain records. The B&P Code explicitly states "This subdivision shall not be construed to require a licensed real estate broker to retain electronic messages of an ephemeral nature, as described in subdivision (d) of Section 1624 of the Civil Code." But you need to read Civil Code 1624 to...
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Q: I am sub contractor signed contract with prime contractor job finely starting to busy to man job can I get out of job

1 Answer | Asked in Business Law and Contracts for California on
Answered on Mar 22, 2017

If you signed a contract, then you may face damages if you breach the agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: How do we return a product for a redund and cancel our payment plan? Weve made no payments and the box is still unopened

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for California on
Answered on Mar 22, 2017

The terms of your purchase agreement should provide for any protocol for refunds. Refer to that. If you didn't receive yet the additional goods, I see no reason to be billed for them. You may have to resort to small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: Are business emails containing copyrighted files supposed to be deleted if you receive a legal notice to destroymaterial

2 Answers | Asked in Business Law and Intellectual Property for California on
Answered on Mar 22, 2017

Was there any sort of agreement in place prior to the potential business deal regarding confidentiality and/or nondisclosure?
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Q: I inherited 50%of a property through probate.Uncle collects rents Wont send me my half or accounting.Also,can he getLoan

1 Answer | Asked in Probate, Real Estate Law and Business Law for California on
Answered on Mar 19, 2017

You can initiate a probate matter to insist on an accounting and your rights to assets. See: http://www.courts.ca.gov/8865.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: CCC 15673(b) says an assignee is not obligated for liabilities unknown to the assignee at the time he became a partner.

1 Answer | Asked in Business Law for California on
Answered on Mar 17, 2017

Your facts are vague and contradictory. You say you inherited the interest, and also you say you have a partner who assigned the interest to you. Which is it? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
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Q: Can the government tell my brother and I we cannot share employees between our similar businesses when we share offices?

1 Answer | Asked in Business Law, Employment Law and Government Contracts for California on
Answered on Mar 17, 2017

What is the basis for their decision? Are these special contracts? Are you a minority-owned company with special access to certain contracts? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
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Q: A company has filed 2 False DMCAs for a design & name that I own, how should I handle this?

1 Answer | Asked in Business Law and Trademark for California on
Answered on Mar 17, 2017

You may need to provide Zazzle with proof of the other party's abuse and evidence of your IP ownership. You may also need to sue the other party for any applicable torts, possibly including libel and intentional interference with contractual relations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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Q: how to make payments on a default account. Should I contact the Law firm and tell them if they allow me to make payment?

1 Answer | Asked in Business Law for California on
Answered on Mar 9, 2017

With debt collection: the amount owed and paid undulate greatly. First, you have to make sure who owns your debt. The car dealer may have sold your judgment to a debt collector. From there forward there must be a legal action of some sort--such as assigning the judgment from the dealer to the collector--or something of the sort.

Once you know with certainty about the owner of your judgment--you can come to terms and satisfy that judgment.
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Q: I have a small business that has zero profits and zero losses and zero activity. Do I need to file a tax return?

1 Answer | Asked in Tax Law and Business Law for California on
Answered on Mar 8, 2017

You dissolve a business when it is not a sole proprietorship. See

http://www.zflegal.com/services/tax-and-legal-implications-of-businesses-and-incorporation/

The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney,...
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Q: Would a breach of contract civil suit between trustee/beneficiary and co-beneficiary be applicable

1 Answer | Asked in Business Law, Contracts and Estate Planning for California on
Answered on Mar 7, 2017

Unfair competition and unfair business practices typically do not apply to Testamentary Trust issues, as it relates to business practices. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: If a CEO/president of a company is no longer on the payroll, but wstill working voluntarily, do they still have power?

1 Answer | Asked in Employment Law and Business Law for California on
Answered on Mar 6, 2017

Were they terminated? That is a key point. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: Business partner is secretly copying our product and business

1 Answer | Asked in Business Law, Contracts, Copyright and Criminal Law for California on
Answered on Mar 3, 2017

There may be various de facto intellectual property protections you have, even though you didn't file for registered IP rights it seems. There may be various contractual protections you have as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
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Q: My husband's partner is supposed to be buying him out of the business. What recourse do we have if he takes too long?

4 Answers | Asked in Business Law for California on
Answered on Feb 28, 2017

Unless the buy-back is memorialized in a contract, you cannot force one business owner to buy the stock of another. Where a sales contract has a deadline, missing the same could give grounds for "specific performance," a court order requiring the breaching party to live up to its contractual obligations.
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Q: Can a non disclosure agreement protect information that is already public knowledge?

1 Answer | Asked in Business Law for California on
Answered on Feb 27, 2017

Typically NDA's do not protect public, non-confidential information. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
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Q: S-Corporation share holder on H1-B.

2 Answers | Asked in Business Formation, Business Law and Immigration Law for California on
Answered on Feb 25, 2017

There is no citizenship limitation to being an S-corporation shareholder.
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