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Minnesota Business Law Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Minnesota on
Q: I’m in the pre-startup phase of forming my company and I’m looking for employees to “hire“.

My question with this is can someone legally “hire” for work under the title employee without ever expecting or receiving compensation from their employer. And can NDA be introduced in those working terms?

Carrie Dyer
Carrie Dyer
answered on Apr 8, 2020

If you hire an employee, you will need to comply with the federal and state wage and hour laws with regard to compensating that employee. You should consult an employment law attorney in your area for advice.

1 Answer | Asked in Business Law for Minnesota on
Q: A "Domestic Corporation" is defined as a small privately held corporation that operates exclusively in the United States

A "Domestic Corporation" is defined as a small privately held corporation that operates exclusively in the United States with no business in international commerce? TRUE or False

Michael Doland
Michael Doland
answered on Dec 24, 2019

Your true or false questions are quite irritating. We are lawyers, not high school students. False. A domestic corporation means a corporation operating in the state where it was incorporated.

1 Answer | Asked in Business Law for Minnesota on
Q: Generally, owners of a corporation "members" are prohibited from filing lawsuits against the corporation? True or False

Generally, owners of a corporation "members" are prohibited from filing lawsuits against the corporation? True or False

Michael Doland
Michael Doland
answered on Dec 24, 2019

Your assumption is totally incorrect. Owners of a corporation are called shareholders. Owners of an LLC are called members.

1 Answer | Asked in Business Law and Intellectual Property for Minnesota on
Q: I brought my own CAD software and computer to use at work after signing an NDA with a new employer. Is the NDA valid?

More specifically the CAD software is pirated and unlicensed and has been used in engineering and designing products for a manufacturing business.

Andrew Zulieve
Andrew Zulieve
answered on Jan 31, 2018

Yes.

1 Answer | Asked in Business Law and Juvenile Law for Minnesota on
Q: In Minnesota are there regulations regarding minors and being on a board for a nonprofit organization?
Joseph A. Gangi
Joseph A. Gangi
answered on Jan 18, 2018

Look at section 317A.205, which currently provides: "The qualifications and method of election or appointment of directors may be imposed by or in the manner provided in the articles or bylaws, provided that directors must be natural persons and a majority of the directors must be... View More

1 Answer | Asked in Criminal Law and Business Law for Minnesota on
Q: If we are trying to serve a CEO of a busines can we serve him at his home and not the business?
Lucas Wynne
Lucas Wynne
answered on Nov 2, 2017

Unfortunately, this question is too vague and too specific to answer here.

1 Answer | Asked in Business Law for Minnesota on
Q: Is it legal to use a different name for a shop name online, instead of the registered name I have for my business?

Some online print on demand websites, like zazzle, allows designers to open different shops with different names for the shops. However I have a registered business name under the state of MN. Do I have to use that registered name for the shop name or can I use a different name, that I may like... View More

Joseph A. Gangi
Joseph A. Gangi
answered on Sep 11, 2017

To be safe, consider filing a certificate of assumed name.

1 Answer | Asked in Business Law, Copyright and Trademark for Minnesota on
Q: When the Justia site says something has a registered "wordmark" do you mean the LOGO or the company name in body copy?

I am a proofreader and I am trying to determine if a trade name can appear in body copy/regular font with a circle-R. My understanding is that this is a "wordmark"? And that this is a different registration than the trademark within a LOGO.

Barbara Berschler
Barbara Berschler
answered on Sep 4, 2017

If a mark is designated as a "registered" mark, that means it is registered in the USA with the United States Patent & Trademark Office (USPTO) for goods (a "trademark") or for services (a "service mark"). Marks can take different forms, such as simply words;... View More

1 Answer | Asked in Copyright, Business Formation and Business Law for Minnesota on
Q: Is it ilegal to open a bar that is from a TV show idea not the actual show
Lucas Wynne
Lucas Wynne
answered on Aug 12, 2017

This question is too vague to provide a thoughtful response. The answer would depend on whether you are infringing on intellectual property.

1 Answer | Asked in Consumer Law and Business Law for Minnesota on
Q: Is it legal to sell or resell consumer electronics over the phone and online via recurring payments?

As an LLC with 2 employees, if I were to call customers--with respect to the dNC list-- and have a website to sell or resell consumer electronics at a low initial investment but higher profit margin via recurring payments over 6-15 months like a laptop or tablet for example charging the consumer 12... View More

Lucas Wynne
Lucas Wynne
answered on Jan 25, 2017

Although you would be wading into a grey area, I would state that there are certainly ways for the original manufacturers to sue you in this scenario. I suggest becoming an authorized retailer/reseller rather than attempt to game the system. I would also add that becoming an authorized reseller... View More

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Internet Law for Minnesota on
Q: I joined an online course to create 'lead generation' web pages. The idea is to rent the webpage to local companies.

I have heard that if I create a web page for a licensed business, say an auto repair business or a limo service I must either have a license for that industry OR I must have a disclaimer saying "This is a third party webpage" otherwise I can get fined by some federal agency. Is this true... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 26, 2016

I'm unaware of any federal rule that says you, the creator has to do something. Many web services work off of templates. However you could have liability if you are viewed as enabling a business that is fraudulent. You may want to learn the business and reframe it to avoid issues.

1 Answer | Asked in Business Law, Education Law and Consumer Law for Minnesota on
Q: Myself and 28 other previous Le Cordon Bleu students were misled and need legal advice and representation. Who can help

Myself and 28 other previous le cordon bleu students were misled through sales tactics to lure us into high student loan debt with promise of earning salaries between $40,00 to $80,000 per year once we graduated. Upon graduation, we unsuccessfully applied for many kitchen manager positions. I for... View More

Lucas Wynne
Lucas Wynne
answered on Jul 31, 2016

Attorneys cannot solicit business on the internet under the ethical rules that all attorneys must follow. However, you can contact any attorney you would like to work with via telephone or email. I suggest you contact an attorney immediately for a free consultation and to investigate this case... View More

1 Answer | Asked in Business Law for Minnesota on
Q: is a former partner in a corporation liable in a lawsuit brought after they have left the partnership?
Lucas Wynne
Lucas Wynne
answered on Jul 21, 2016

Unfortunately, this question is too broad to answer and the correct answer is highly dependent on the facts of your particular case.

1 Answer | Asked in Business Law for Minnesota on
Q: What can I do if a company has closed their doors and owes me money?
Charles Snyderman
Charles Snyderman
answered on Jan 27, 2013

Depending on the amount that is owed to you, it may be appropriate to contact an attorney. You use the word "company." Was it a sole proprietorship? If it was, the owner would still owe you the money. If it was a corporation or an LLC, it is possible that the company is still in existence... View More

1 Answer | Asked in Business Law for Minnesota on
Q: Our bank insisted on selling our co for us and things went south, what should we do?

After insisting on selling our company the bank made us sign a voluntart surrender of our assets and failed to do the proper paperwork. They allowed the future buyer to come inside our company and use our equipment, many items disappeared over time. After taking what they wanted they told the... View More

Robert Douglas Kane Jr
Robert Douglas Kane Jr
answered on Dec 18, 2010

I apologize, but it is impossible to answer this question without further information. You state that the bank "insisted" that you sell, but "made" you sign a voluntary surrender. You should properly defend yourself, and probably file counter claims against the bank. Feel free... View More

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