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,... View More

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... View More

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.

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... View More

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... View More

Sounds like a prime candidate for a bankruptcy.

Not legally, if it means bypassing the company books and accounting for the income.

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).... View More

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.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.

Whether or not you get a 'receipt' or a statement really isn't relevant. Are the checks being cashed in such a way you can show they were negotiated? Is there a deed in escrow somewhere so that when you are done paying you will be easily able to get the deed recorded?

It... View More

Presumably the LLC with a judgment against it is not "safe". But don't assume that your business can be protected by starting a new LLC like a snake shedding its skin.

All of that is possible, since an LLC is essentially a partnership in corporate form providing limitations on the personal liability of the members. Even a simple bill of sale would be sufficient documentation. The tax impact depends on the other member's "capital account," as for... View More