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Maryland Business Law Questions & Answers
2 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for Maryland on
Q: Do I have to retain multiple lawyers?

If my business is in Maryland, and the business is being sued by entities outside of my state/county - do I have to retain lawyers from these particular areas?

Richard Sternberg
Richard Sternberg
answered on Dec 26, 2022

You will need a lawyer where the lawsuit is filed, but your lawyer in Maryland can probably coordinate that and try to get the case moved or dismissed and brought to you.

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1 Answer | Asked in Business Law and Contracts for Maryland on
Q: is there a MD law that says consultants can not use the hiring companies resources (such as laptop and/or office space?

I provide sales/Business development services

Mark Oakley
Mark Oakley
answered on Oct 3, 2022

No. That would be a private contract matter between the consultant and the hiring company.

1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Can I insinuate or "threaten" to break a solar contract that's already been installed?

I recently had solar panels installed in MD. It was verbally stated and explained how it would be installed: inverter inside in the basement, shutdown switch outside in the front, and conduit running on the side of my home hugging the downspout. The installers didn't do this and performed the... View More

Mark Oakley
Mark Oakley
answered on Sep 20, 2022

You have a breach of contract action that is unlikely to be material enough to allow you to rescind the contract, give back all the solar panel equipment, and get a full refund. You will be stuck with your contract. Your damages will be measured by the cost to correct and repair any faulty... View More

2 Answers | Asked in Bankruptcy, Business Law and Collections for Maryland on
Q: Small C-corp is bankrupt. Owes <$25k in credit card debt. What are the options for settling the debt?

What happens if the business shutters without notifying the credit card company to whom the money is owed? Does an officer of the company have to appear in bankruptcy court?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jul 11, 2022

A corporate entity's authority to file a voluntary bankruptcy case may be tested, e.g., the recent NRA filing. Normally, it suffices to file a duly executed corporate resolution showing action by the board of directors, and yes, a corporate officer must appear for at least the 341 meeting... View More

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1 Answer | Asked in Contracts and Business Law for Maryland on
Q: Does a president of a condo association have the right to hire and fire employees without board approval?
Matthew Morris
Matthew Morris
answered on Jun 4, 2022

Like almost any good legal question, the answer is "it depends." Generally, an individual person can be given the ability to hire and fire employees without calling for a board vote. But a more specific answer is that you should look at your association's bylaws. Under Maryland law,... View More

1 Answer | Asked in Business Law for Maryland on
Q: I am separating from a business partnership and want to know if I am liable for business debt.
Mark Oakley
Mark Oakley
answered on May 5, 2022

If it is a general partnership, and not a limited liability company or corporation, then all partners are equally and personally liable for the debts of the partnership, subject to any partnership agreement or withdrawal agreement between the partners as to indemnification or contribution toward... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: In MD can I use my llc to run an apparel store and for a self nail salon? Do I need 2 trade names under the llc?

I use my llc to run my apparel store but I want to start a self run nail business and I don't want to start a new llc. Can I use the llc to parent the 2 companies ? Do I need to purchase a trade name for each or can I just do one for the nail business and continue operating the llc apparel... View More

Mark Oakley
Mark Oakley
answered on Apr 15, 2022

Most LLC articles of organization contain a purpose clause that authorizes the LLC to engage in any lawful business or activity, but unless the articles strictly limit the business activity of the LLC, then the LLC can run any type of business it is otherwise lawful for anyone to engage in. The... View More

1 Answer | Asked in Contracts, Business Formation and Business Law for Maryland on
Q: What are my rights as a llc when a contract is being broken? I have refused to sign a addendum.

I have a contract with a organization. I was handed addendum to the contract which declined to sign. They threatened to They threatened to suspend contract. Three is 25 hour week retainer fee. The contract can be cancelled by either party by giving 60 day notice in writing which I have not... View More

Mark Oakley
Mark Oakley
answered on Mar 30, 2022

You need to take your contract to a lawyer to review what it actually says, and evaluate whether it has been breached or not, and what your remedies are in the event it is breached. Your post does not really say anything other than they are trying to change the terms of the agreement you both... View More

1 Answer | Asked in Business Law and Construction Law for Maryland on
Q: Does a prior burglary 2nd degree not of homes disqualify you from getting home improvement license cases are 17 years ag

A maryland home improvment license

Scott Scherr
Scott Scherr
answered on Mar 23, 2022

I do not know whether it will prevent you from getting your improvement license. However, you may be eligible to get your record expunged. A probation before judgment can be expunged after three years. A conviction can be expunged 15 years after your conviction or the end of probation whichever is... View More

1 Answer | Asked in Business Law for Maryland on
Q: If another business in another state has the same name as mine, what ramifications could be involved?

I am in the process of starting my business with the paperwork having been filed to the state of Maryland. Since filing, I found out that another business exists with the same name out of California. Both businesses have the potential for national and global reach (theirs is a fiction magazine,... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2022

Assuming neither business is currently doing business in each others current territories, and assuming neither business has registered the name as a federal trade name with the USTPO, there would be no appaent conflict. An agument might be made that the two businesses are sufficiently dissimilar in... View More

1 Answer | Asked in Business Law and Civil Litigation for Maryland on
Q: Can a Maryland business deny you service based on LGBT status? My child (exploring gender) was told they aren't welcome
Mark Oakley
Mark Oakley
answered on Feb 2, 2022

Not in Maryland they can't. The Fairness for All Marylanders Act of 2014 prohibits it. If the business is an establishment where the public has access to goods and services (bars, restaurants, hotels, gas stations, retail stores, etc.), it is not allowed to treat a person who identifies... View More

1 Answer | Asked in Employment Law and Business Law for Maryland on
Q: My boss has a camera in my office I did not know about. Is this legal?

We have many 24 hour security cameras at my workplace in most of the rooms and offices. Some are only visual and others also record audio. All are placed in various corners of ceilings so we are aware our boss can monitor us. My office is one of the few that does not have a camera in the room.... View More

Mark Oakley
Mark Oakley
answered on Jan 23, 2022

Sounds like it is time to start looking for employment elsewhere rather than continuing to work in this creepy, untrustworthy surveillance atmosphere. The employer either shows zero faith or trust in his employees' honesty or is some kind of pathetic voyeur. Surveillance makes sense for... View More

1 Answer | Asked in Real Estate Law and Business Law for Maryland on
Q: § 17-517. Office. What constitutes an "office" for the purposes of this statute?
Mark Oakley
Mark Oakley
answered on Jan 21, 2022

When citing to a title and section number of the Maryland Code, you need to specify which named Article you are referring to. There may be multiple §17-517s throughout the Maryland Code. Because you identified real estate as a practice area, perhaps you are referring to Business Occupations and... View More

1 Answer | Asked in Business Law for Maryland on
Q: would i be able to sue a dealership for giving false info about promo going on

We called the dealership to get information before going so that if we didn't meet criteria then we wouldn't waste our time. So they told us over the phone that we didn't have to worry about our credit being ran, we would only have to pay $88 as a down payment, and the monthly... View More

Scott Scherr
Scott Scherr
answered on Jan 13, 2022

You can complain to the Consumer Protection Division of the Attorney General's office and they will investigate.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Maryland on
Q: Supplier/ installer company sold the ceiling track light to the dentist. The light got separated from the pole, fell and

The light got separated from the pole, fell and caused injury. Expert concluded that the security pin that hold the light to the pole was not installed. Company came and replaced the light and installed the pin in other thirteen pieces of the same type of equipment. There was a personal injury... View More

Mark Oakley
Mark Oakley
answered on Dec 24, 2021

(1) and (2): The Consumer Product Safety Commission issues recalls for unsafe consumer products, and the manufacturer remains liable to injured persons (emphasis on "injured") on account of their dangerous products, but there is n general right to sue companies solely on the basis that... View More

1 Answer | Asked in Business Law for Maryland on
Q: A check written out to my business from another business is stolen from mail and cashed, who’s responsible for paying me

Maryland. Subcontracted for a job, the contractor mailed a check as payment payment was stolen from the mail, I never received it someone signed and cashed it

Mark Oakley
Mark Oakley
answered on Dec 18, 2021

Assuming what you are being told (by whom?) is true, the bank that paid the check is legally liable to the person or company to whom the check was made payable. The bank that paid the check accepted a forged signature without checking or confirming the identity of the person cashing/depositing it.... View More

1 Answer | Asked in Arbitration / Mediation Law, Business Law and Civil Litigation for Maryland on
Q: What recourse do I have when a business refuses to accept a gift card that is still within 4 years of original purchase?

The gift card has fine print, smaller than 12 pt font, indicating that it expires 1 year from purchase.

Mark Oakley
Mark Oakley
answered on Dec 15, 2021

Read all about your rights at the following link, and scroll to the end of the page on the link for phone numbers to call. You can also search for a consumer protection lawyer who may be able to take on the case under a consumer protection statute that allows them to sue for attorney's fees... View More

1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: How to get a liquor license for a party bus?

What statutes and licenses allow for the consumption of alcohol on a party bus and/or mobile bar?

Mark Oakley
Mark Oakley
answered on Dec 10, 2021

Each county and the City of Balitomore has its own liquor board license regulations for sale of liquor within their jurisdictions, so you will need to check with each jurisdiction in which you intend to operate. You will have to check with each liquor license board whether a license is required to... View More

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Maryland on
Q: What are the exceptions to the 3 year requirement for filing a law suit for breech of contract?
Mark Oakley
Mark Oakley
answered on Nov 14, 2021

(1) the word, "seal" appears on, near or under th signature of the person signing the contract, which extends th SOL to 12 years in Maryland.

(2) the contract specifies a different SOL.

(3) the party suing is or was under a disability during the time the SOL was running,...
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1 Answer | Asked in Business Formation and Business Law for Maryland on
Q: Business Occupations and Professions Title 18 - Security Systems Technicians Subtitle 1 - Definition;

General Provisions § 18-102(d)(2) Have access to circumventional information. What is circumventional information? I looked up the word circumventional and it's not a word.

Mark Oakley
Mark Oakley
answered on Nov 4, 2021

MD Code, Business Occupations & Professions, § 18-101. Definitions

(a) In this title the following words have the meanings indicated.

Circumventional information

(b)(1) “Circumventional information” means information, including pass codes, that allows an individual...
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