Salim U. Shaikh's answer First of all you must make a claim of your outstanding amounts on account of commission and paid vacation as granted by your manager, etc. In lieu thereof, you may categorically inform them of withholding vehicle till all your dues are cleared.
Salim U. Shaikh's answer Given incomplete information no specific advice could be rendered. However, please note that you did participate in auction under the terms & conditions as laid down by the auctioneer who by virtue of their terms may withhold or drop off any items without assigning reasons thereto. Please share their terms so that specific advice could be rendered.
Thomas. R. Morris' answer It sounds like a good reason for her employer to fire her. The next questions are: Whether this scheme results in monetary liability to the employer; and whether it might constitute a crime. I don't think that there is enough information for an attorney to definitively answer the question, unless that attorney was involved in a similar situation (hopefully on behalf of a client, not personally). I do not have that experience, but I hope that it is helpful to her to know that there are three...
Richard Michael Gee's answer I'm not a Michigan lawyer, and so cannot advise on Michigan law in this regard. I assume your corporation is a Michigan corporation. Normally, however, if there was no requirement in the will that the son agree to a shareholders agreement as a condition for getting his shares, then he is entitled to his shares without the agreement. Unless Michigan law says something different, a shareholder is normally not required to enter into such an agreement once the shares are legally his. Here, it...
Thomas. R. Morris' answer Quite possibly. The question is whether, under the organizational documents for your "company", a 25% owner has the power to veto a sale approved by the majority. Usually, the majority rules. If so, they can close the sale.
Thomas. R. Morris' answer See if you can locate the documents that constitute the contract. If the contract provides that no refund is required to be made, then you may have a difficult time making a case for a refund. If there is no written agreement, particularly none that your mother (or you, if you were the contracting party) entered into, they you may have a claim for the return of unearned fees. You provided little information so I cannot answer this more specifically.
Carrie A. Ward's answer Do you have a written contract with the client? If so, you should examine the terms of any default provisions. If you do not have a contract, it is a trickier situation and you probably have the right to terminate the contract without further liability to the client. However, you need to examine state law. If you do not have written contracts with your clients you should consider getting one immediately.
Benton R Patterson III's answer You may be at risk of committing copyright infringement if the person commissioning the project does not have the appropriate rights. If the commissioner does own the copyright to the content on the CDs, he should be willing to cover any loss you may incur from copying the content (indemnify you). An intellectual property attorney can prepare a contract to protect you from copyright infringement.
Brent T. Geers' answer That would be fine. Do you plan to hold these or other events again in the future? If so, you might want to give some thought towards incorporating. That would make the name associated with the organization permanent.
If it's a one-time thing, it probably wouldn't be worth the hassle.
Thomas. R. Morris' answer If you are confident in your ability to use the language and in the simplicity of the legal issues, do it yourself. But an attorney who has seen none of the documents and has not had the opportunity to ask questions cannot confidently draft some clauses to be carried off by you. This may well be simple, but you should probably consult an attorney.
Thomas. R. Morris' answer This is a question of "ostensible agency". The issue is whether you caused the customer to believe that the driver was authorized to accept payment (that the driver was your agent for the purpose of payment), or, conversely, whether you adequately informed the customer that the driver was not authorized to accept payment (if the customer makes the case that his belief in the driver's authority was reasonable). There may be case law that suggests an answer, but ultimately it will depend upon...
Thomas. R. Morris' answer Remedies for breach of contract include a claim for damages. This format does not allow for a primer on contract law. You should consult with an attorney to identify the remedy available, how much might be recovered, whether the defendant is collectable (i.e. whether you can collect on any eventual judgment), what court you should sue in, and, first of all, whether the dispute can be resolved without having to go to court.
Thomas. R. Morris' answer A logo can be protected as a trademark. Federal registration gives greater protection, but even an unregistered trademark can be protected. An infringement is usually dealt with first by a "cease and desist" letter which notifies the infringer of its improper use of the logo. If that does not work, a lawsuit can be brought. This is only a superficial explanation. There are attorneys who specialize in this type of matter -- they generally call the specialty "intellectual property", which...
Thomas. R. Morris' answer Yes. The best way for a company to do this is to enter into written agreements with its employees. In the absence of a written agreement, it may be possible for an employer or former employer to legally enforce an employee's or former employee's obligation to not misappropriate property such as a customer list.
Thomas. R. Morris' answer If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category of your question indicates, there may be personal liability. Your question indicates that you "never did anything with it", but with a bill for $29k there must be a creditor who disagrees.
Thomas. R. Morris' answer Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if they can prove the existence of a contract, your breach of the contract, and their entitlement to damages for breach of the contract, they may obtain a judgment against you.
Thomas. R. Morris' answer Probably. It depends upon 1) whether he owns his membership imterest jointly with another person; 2) his estate plan; and 3) the terms of the operating agreement (such as whether there's a buy-sell provision. You have not provided enough information to enable me to answer definitively.
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