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New Mexico Business Law Questions & Answers

1 Answer | Asked in Business Law for New Mexico on

Q: Can I start my own business as a F1 visa holder?

Hello,

I am a PhD student going to graduate soon and thinking to start my own business in my field. I am currently holding F1 student visa but trying to apply for green card through National Interest Waiver (NIW). I have a few questions and your answers are very appreciated.

1) Can... Read more »

Kelli Y Allen answered on Jan 18, 2019

The only thing you can do is formally set up the LLC. Anything more would be a violation of your F1 status and jeopardize future immigration options.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for New Mexico on

Q: Can my employer make me pay for something as pretty as a broken liquor bottle?

Giant #6338 Western Refining/andeavor

Trent A. Howell answered on Oct 31, 2017

In general, New Mexico "tort"/"negligence" law makes a person liable to anyone whom he causes accidental damage - whether at work, or anywhere else. Whether it is worth anyone's time to file or fight a lawsuit over a broken liquor bottle is a different question.

This is not legal advice to...
Read more »

1 Answer | Asked in Business Law, Copyright and Intellectual Property for New Mexico on

Q: Copyright questions about a product we sell: In violation or not? Fight false DMCA requests.

Hello,

We sell a product that is similar to a competitors. It is the same shape and style but our products each have a unique logo. The shape and style are derived from a Ford product (without violating any copyrights). The competitor is filing DMCA claims in a harassing manner in order to... Read more »

Benton R Patterson III answered on Oct 7, 2017

An attorney would need to review the two products to determine determine if one product infringes the other. You may have a defense. Often items that have a useful function are not protected by copyright, and if they are, only a limited aspect of the design is covered. An attorney would have to... Read more »

1 Answer | Asked in Business Law for New Mexico on

Q: If we have our customers sign a release about personal injury claims are we off the hook?

We are starting a travel/adventure company.

David Alan Wolf answered on Sep 3, 2017

Many courts do not favor release waivers especially those that attempt to waive away all bad acts and negligence on behalf of the company. These waivers are often challenged. You should see the advice of a business attorney in your state to review the particular release you are using to determine... Read more »

1 Answer | Asked in Legal Malpractice, Business Law and Personal Injury for New Mexico on

Q: What is my liability and best practices as an licensed professional clinical counselor, minister and hands-on healer?

I have releases/legal docs for both LPCC and hands-on healer. Concerned if there is a liability with the State Board, Scope of Practice, Insurance Companies, asking and quoting/sharing hand-on healing results and testimonials.

Peter N. Munsing answered on Aug 21, 2016

Look at what boards govern what activities. Problem is when you collect money. Need to see how your state treats such things-with all the crystal therapy etc should be some statement you can use stating that none of it is medically prove, that if they continue to have symptoms they should follow up... Read more »

1 Answer | Asked in Business Law and Employment Law for New Mexico on

Q: In NM, is it legal to allow independant contractors to wear the business logo of the company that hires them?

It sounds ridiculous to me, but someone has told me that it's illegal to allow independant contractors (massage therapists in this case) to wear t-shirts with the logo of the company that has hired them. The t-shirts are worn at events voluntarily by the contractors to help advertise for the... Read more »

Trent A. Howell answered on Aug 3, 2016

Someone is confusing the issue. The question is not whether it is "legal," but whether wearing a company logo may suggest an individual is an employee rather than an independent contractor of that company. There are different definitions and factors to determine "employee" status under different... Read more »

1 Answer | Asked in Business Law and Car Accidents for New Mexico on

Q: What is the statute regarding qualifications of auto appraisers in New Mexico? Do they need to be licensed?

I was involved in an accident in which the third-party accepted liability. As the vehicle was only 4 months old, a diminished value claim was started. I hired a certified appraiser and received a very detail report stating the diminished value. I submitted this to the insurance company, however,... Read more »

Peter N. Munsing answered on Jul 4, 2016

Insurers don't like diminished value claims. If third party accepted liability, you should have an attorney to work on your injury case. If not, contact a member of the NMexico Trial Lawyers Association--they give free consultations.

1 Answer | Asked in Business Law for New Mexico on

Q: Can u have a llc in nm state and have a concrete company with out a contractors licence and pay my state n federal tax

I get suspended from the state every time I try to do concrete work and I had a limited liability company but I still seem to get suspended because I do not have a GS 02 contractors license in the state of New Mexico any details to do work without a contractors license and still be paying my taxes... Read more »

Robert Jason De Groot answered on Sep 21, 2015

Go see a licensing attorney for the specifically tailored legal advice that you need.

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