Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?
answered on Oct 24, 2022
20 days from service, see Massachusetts Superior Court Rules 12 and 13.
Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.
answered on Oct 4, 2022
Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... Read more »
sudden I get a letter saying they will be discontinuing business with me as of November 1, 2022. Do I have any recourse?
answered on Sep 30, 2022
First, I'd ask why. Second, if you have a written agreement, review it and any applicable termination provisions.
I notified my landlord of the sale of my business but he’s not sure if he wants to issue a new long term lease but I have a five year lease currently I said we can assign my lease to the new buyer but the la said he’s not sure if he wants another long term lease
answered on Sep 15, 2022
Your written lease should include a section concerning Assignments. Usually, consent to proposed assignments is stated that such consent shall not be unreasoanably withheld. Of course that is quite subjective. Please contact me at wamann@amburlaw.com if you want to explore further. Thank you.
Is this a violation of privacy laws? Disclosing financial information to a third party?
The main guy constantly gave me delays and excuses and it just seemed to be going in circles. I didn't have any faith that they were nearing completion and I thought it was most likely a scam. I called to cancel my order and ask for my deposit back. The guy said that he has 30 days to return... Read more »
answered on May 23, 2022
Unless that term is in a written contract or you orally agreed to it, his claim is doubtful. Ask him to cite the statute to which he refers.
Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... Read more »
answered on Feb 1, 2022
I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... Read more »
For instance, say I need legal help with a start-up I'm trying to launch. I reach out to an attorney who works for a law firm who who says he's offering pro-bono legal services. I develop a relationship with this attorney and we agree on a deal that says he will take equity in my company... Read more »
answered on Mar 26, 2021
The answer depends upon the relationship that this attorney has with the law firm. It is possible that this attorney has some type of non-compete clause, or some other provision in a contract with the employer preventing the lawyer from self-dealing. So much of the answer to your question depends... Read more »
Four months ago I received a purchase order from my buyer for a product I provide. The product I would sell will not be due until six weeks from now. Recently, one of my employees who runs that part had major surgery and is not expected to return for several months. I have a small three man shop... Read more »
answered on Mar 6, 2021
If there was no payment it was an undertaking that you would perform it. Factors not in your contemplation prohibited that. That being said, speak with a business consultant about selling what sounds like a going business.
All the best!
answered on Feb 2, 2021
Congratulations! There really isn't an easy way to answer this question. A lot depends on what kind of business you are starting and what form of business is right for you. You would need to make sure the name is available. As to the form of business, an LLC might be perfect for one person... Read more »
The buyers declared residency as being CA, but have moved out of the country without disclosing that information to us. We're being told the check could take 6-8 weeks to clear. It has not been deposited. Their lawyer has not responded since we contacted them about the foreign bank/foreign currency.
answered on Sep 24, 2020
You need counsel to review the terms of your offer and acceptance and purchase and sale agreement carefully. Don't do anything at all yourself in this situation without good representation.
l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.
answered on Aug 5, 2020
Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling... Read more »
It's been 3 weeks without hot water, the plumber I called keeps not showing up, or he will just suddenly show up at 8pm. He hasn't fixed my boiler in three attempts. No paperwork has been signed, and he hasn't really communicated the problem. If i hire someone else to fix my boiler,... Read more »
answered on Jul 16, 2020
If you have not agreed on the work he is to perform and what you are required to pay him, you do not have a contract. He may have a right to compensation for his visits but it would be up to him to show what he did and the basis for any compensation he claims to be entitled to. I suggest you hire a... Read more »
I'm starting my first online clothing store. Should I include any sort of legal text on my website? My brand is not trademarked yet, I live in the US, and I'll be shipping to ePacket countries. Thank you!
answered on Jun 30, 2020
Trademark protection is always recommended, including searching for any potentially-confusing marks. Otherwise, terms of use, privacy policy and such should all be considered for an e-commerce site. Please call or email if you need assistance with any of the above.
One of my US citizen friends is currently in Pretoria and has urgent legal trouble. He has contacted the US consulate for weeks, which at this time is only overwhelmed and has provided no help. thank you
answered on Jun 22, 2020
There is an organization - Pretoria Society of Advocates. They are known as the Pretoria Bar. They could be a starting point in your friend's search. If they do not know of such attorneys or resources on how to locate them, maybe they could direct your friend to a different bar association or... Read more »
I've been removed from a Mass LLC that I was 50% owner of by the other 50% owner. The original LLC filing has me on it. My partner filed an amendment to the LLC that removed my name. And another amendment that changes the name of the LLC. Is it possible for this to happen without my consent?... Read more »
answered on Feb 10, 2020
Short answer: No, probably not.
You're response: "But my partner did--now what?!"
...and that's a longer answer.
So, unless your LLC's Operating Agreement provides for some mechanism for a single 50% Member to remover the other (which is possible,... Read more »
I run a software related website with good amount of users , I was approached by another website owner who has the business registered as an LLC in Boston Massachusetts,We figured out the details of the merge and all is fine .
When i asked how we move forward with the process of making me a... Read more »
answered on Jul 4, 2019
No, not at all. Before you agree to anything, you need to hire a law firm that has experience working with non-citizens in your situation to properly advise you on both the legal and tax implications of what you propose.
Practice owner has been approached by an investment party that want to buy 51% o the share. Owner is now giving notices and terminating all previous 'profit sharing' or branch partnership contract without any reason.
1. Is this legal?
2. As the investment company started... Read more »
answered on Jul 1, 2019
Your important questions cannot be answer here on Justia The concerns expressed are dependent upon the terms of all the written contracts involved; so you should contact a local business lawyer to advise you.
Medical doctor invited me to help stabilize and develop business for a percentage of his all businesses including his offshore billing company. I turned his one branch office into 6 branches, increased clinical staff from 3 to over 30 and increase revenue 5 fold in less than 3 years. I also got him... Read more »
answered on Jun 25, 2019
The only thing you can do is sue him for breach of contact.
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