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Kansas Business Law Questions & Answers
1 Answer | Asked in Business Law for Kansas on
Q: What is the laws for using scientific data for commercial purposes? And re write it

I am working on a project with an amazing woman. Making an app to help pregnant women with lactation questions, and problems. We are doing a lot of scientific data research just curious what the laws are for using their research in the app. What if it needs to be rewritten so that the normal human... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Sep 8, 2020

The question could refer to statistical data, general theories supported by the data, or to copyrighted material. The answer may depend upon the information being used and the nature of the use being made. If the use is to cite general concepts, proper attribution may be sufficient. If the use is... Read more »

1 Answer | Asked in Business Law for Kansas on
Q: what rule or law is being enforced?
Tim Akpinar
Tim Akpinar answered on May 5, 2020

Something is missing from your question. It may have inadvertently gotten left off when uploading. You could try posting again. Good luck

Tim Akpinar

2 Answers | Asked in Copyright, Business Formation, Business Law and Intellectual Property for Kansas on
Q: Purchasing digital assets in a contractual manner from individuals?

Hey all!

I'm creating a software product to launch into the mass market, and I currently have a few people helping out with artwork for UI design and other digital assets. I've mentioned to them that I'd purchase all the assets they've produced in bulk after the final... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

Hopefully your project won't end in litigation. However, because there is a lot at stake, it would be good to work with local business counsel familiar with intellectual property issues before you proceed any further. It is important to remember that if you do not have a writing in place... Read more »

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1 Answer | Asked in Business Law for Kansas on
Q: I own a welding shop in KS. Made repairs to a horse trailer, wasn't paid. How can I sell the trailer to pay for the bill

I have possession of the trailer. Owner paid part of the bill but has not made any contact for over 9 months. The Horse trailer is registered in Oklahoma but owner lives in Kansas. Was told can't do Mechanic Lien since I an a welding shop, not a mechanic. I don't know if a Quiet Title... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Aug 19, 2019

Kansas staute 58-201 reads as follows: Liens for materials and services; filing statements with register of deeds, contents. Whenever any person, at or with the owner's request or consent shall perform work, make repairs or improvements or replace, add or install equipment on any goods,... Read more »

1 Answer | Asked in Business Law for Kansas on
Q: If you are doing business only as an LLC, does it make sense to have E&O for yourself as an individual?

I do contract computer programming and (since 2018) do this as a single member LLC. I am careful to do business only as the LLC.

When I renewed my E&O insurance last year I switched to the name of the LLC. Late in the process I asked if this would also cover me personally, in the event... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Aug 19, 2019

Your question is about the extent of coverage of an E&O insurance policy. The extent of the coverage would be affected by the specific terms of the insurance policy. Rather than rely upon a blanket statement, you may want to have an attorney review your specific policy to answer the question.... Read more »

1 Answer | Asked in Business Law, Construction Law and Contracts for Kansas on
Q: What information shall I include in a construction contract ?

What information do I need to include in my bid ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2019

Unless you enjoy making costly mistakes you should consult with a business lawyer before drafting a construction contract. Why? Because all reputable contractors have done this for a living; and because the contracts they use are written by their lawyers; and because unless you use a lawyer you... Read more »

2 Answers | Asked in Business Law for Kansas on
Q: If I did work on someone who is renovating houses then selling them can I file a lawsuit if they don't want to pay me?

The lawsuit would be more than 5,000. Or maybe some kind of lien on the house so he doesn't sell it before he pays me.

Scott C. Stockwell
Scott C. Stockwell answered on Jun 25, 2019

If work is done as a subcontractor on residential real estate, there is a process provided for by statute to file a mechanic's lien on the property. For improvements to existing residential property, the statute is K.S.A. 60-1103A (for new residential property K.S.A. 60-1103B). The filing of a... Read more »

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1 Answer | Asked in Business Formation, Business Law and Gov & Administrative Law for Kansas on
Q: Can a single member LLC have a board of directors? if so does the state have to be notified?
Scott C. Stockwell
Scott C. Stockwell answered on Jun 4, 2019

A limited liability company (LLC) in Kansas may have a structure as determined by the operating agreement. LLC's were created simplify governance as compared to regular corporations. The organizers/members of an LLC have broad discretion to define the control strucure. A single member LLC... Read more »

1 Answer | Asked in Business Law for Kansas on
Q: If my LLC is sued, is my other property, not in the LLC, protected from any liability?
Scott C. Stockwell
Scott C. Stockwell answered on Aug 9, 2018

If a limited liability company is properly formed, operated, and capitalized, a judgment against the LLC would not normally be enforceable against the individual members of the LLC. You should consult with legal counsel to determine whether the company has been properly formed, operated, and... Read more »

1 Answer | Asked in Business Law for Kansas on
Q: I own a small share of KS office building. I retired & what my share of the value. What can I do with no agreement?
Scott C. Stockwell
Scott C. Stockwell answered on Sep 20, 2017

If you directly own an interest in the building (your name is on the deed), there is a process called partition in which you file a lawsuit asking the judge to “partition” the property. If it is not possible to “partition” the property into seaprate, discrete parts, as would likely be the... Read more »

1 Answer | Asked in Banking, Business Formation and Business Law for Kansas on
Q: I am starting an online business through Digital Altitude. They have asked me to take out a line of credit. HELP!

I am starting an online business through Digital Altitude. I have to purchase the next level of the "pyramid" to make any money. There are lots of testimonials saying how amazing they are but I am still not sure. They have asked me to take out a $50,000 line of credit, through Oak Tree... Read more »

Scott C. Stockwell
Scott C. Stockwell answered on Jun 27, 2017

You should proceed with caution and take no action without the advice of counsel. Your understood one set of circumstances to justify your initial involvement or investment. Now you are being asked to borrow money to "purchase" the next level. You have characterized the arrangement as a... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for Kansas on
Q: Can use a picture of my work thru one company and use it for my own company website.

I have a picture of a yard that i maintained for a mowing company. I now have my own mowing company and mow for myself. Can i use that same picture of my work for that company and put it on my website

Rick Davis
Rick Davis answered on Apr 27, 2017

Who took the picture? When was it taken. If you did not take the picture than you can not use it without permission. If you did take the picture, but took it as an employee of the other company, they likely also have the rights to the picture as "employee work product."

You...
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1 Answer | Asked in Business Law and Employment Law for Kansas on
Q: is a non-compete clause legal?

My husband merged his company with another. They had differences and now the other company is saying he can't work on a job over $10,000 also saying he can't volunteer his time either. The other company is constantly driving by our home and where my husband is offering a helping hand... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 12, 2016

You should have a local attorney review the situation. The legality and enforceability of a non-compete agreement depend on various factors. A local attorney will need to review the specific contract about which you are asking and give you an opinion.

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