John Espinosa's answer First have a conversation with all proposed partners to determine their legal needs and goals. Then advise on the best way to form the entity and draft the appropriate documents to accomplish same.
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Kevin Flynn's answer This situation merits working with patent attorney to sort out the current status and possibly to intervene to help the Patent Office reject or at least narrow the claims.
As a preliminary step, you may want to check on the status of the pending application using USPTO Public PAIR. https://portal.uspto.gov/pair/PublicPair You may see that the Examiner has already rejected the claims and is awaiting their response. If so, then you may not want to do anything.
John Espinosa's answer In Massachusetts, one option is a benefit corporation. Here is some info about how it works: http://www.sec.state.ma.us/cor/corpdf/Notice%20regarding%20Benefit%20Corporations.pdf
And here is the relevant statute in its entirety: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter156E
John Espinosa's answer The publisher and contributor would enter into a contract that clearly describes anonymity of the contributor as a condition of the contract. The contributor's name would go no further than that contract. The contributor cannot remain anonymous from the publisher. Hire an attorney to draft the contract.
Jonathan R. Roth's answer The probable answer is that both of you would be responsible depending upon if substantially all of the assets of the first company were sold to a new company. You could buy the company and get an indemnification.
The initial liability stays with the first company. The second company could be liable if the price is not sufficient or you purchased almost all of the company's assets.
Assuming the company is an LLC or a Corporation there would be no personal liability save for...
John Espinosa's answer Although it is technically possible for a verbal contract to be enforceable under some circumstances, even then it is very difficult to prove so verbal contracts are not advisable. Best practice is for all business contracts to be in writing and reviewed by your own business attorney to ensure that the written document accurately reflects what you intend to agree to, before you sign it.
Jonathan R. Roth's answer You do not have to have a specific entity to do business with a US Company in the US. You need to contact a local attorney who understands the Tax Treaty between the US and your home country as to tax withholding and tax liability. The US company may require you to get a TIN (Taxpayer Identity Number). Your agreement should spell out the services, rights and legal jurisdiction for resolving any disputes.
Please feel free to contact me if you have any additional questions.
John Espinosa's answer There are both legal and tax implications to consider when engaging in business. You should consult with both an attorney and accountant to discuss the specifics of your business so they can properly advise you.
Griffin Klema's answer Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with appropriate places to search and search queries.
Jonathan R. Roth's answer A company is not required to pay for a former employees medical insurance. However, under MA m law he would have been entitled to Cobra rights to pay for his insurance under the company plan. If he is still listed as President of the company that raises some interesting issues as to whether he is still deemed an officer of the company and entitled to not only medical insurance but other benefits. Likewise, depending upon why he was terminated as an employee of the company he might have a...
Jonathan R. Roth's answer if you use the stickers you are infringing on another company's trademark. The speakers may also violate someone's patent but you can assume not for the moment. if you want to sell them then use the name of mfg or create your own brand.
Ali Shahrestani, Esq.'s answer That sounds problematic. Have a lawyer review your broker agreement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
Jonathan R. Roth's answer A EU company depending upon the jurisdiction it is incorporated can loan money to a US corporation. The Amount of money that is required to be withheld will depend upon the tax treaty as well as the amount of tax it is required to pay to the US. The foreign entity will need to apply for and obtain a TIN. There are other ways of handling the matter including open a US subsidiary such as a LLC and use it as the nominee for such transactions. The EU company is I assume formed in a jurisdiction...
Ali Shahrestani, Esq.'s answer That sounds like trademark violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. 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....
Kas DeCarvalho's answer I strongly recommend that you contact the Commonwealth's Alcoholic Beverages Control Commission, which will almost certainly have a position on this. As a practical matter, Massachusetts law prohibits any unlicensed sale, storage, transportation, importing, exporting, and manufacturing with the intent to sell (among other things). I understand your question: "What if I'm not actually selling the alcohol?" But leaving aside the potential liability issues that I lump collectively into the...
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