I just started working on a disruptive token to introduce in the crytpo space platforms in relation to the social & retail service settings. I'm in the U.S. and I am aware of the stringent regulations surrounding the issue of whether or not a token is considered a security. My token involves a... Read more »
Refer to the Howey Test, which is the most prominently used characteristics applied to analyze whether a debt or equity security exists. If you are still unsure, I would recommend obtaining counsel who is familiar with securities law. Remember, securities law is a federal issue for the most part,...Read more »
It sounds like your company could be in the staffing business, from what you describe as being placed in the service of different entities. It's possible it could be a conflict if they are competitors, but an attorney would probably need to know more about your role, work times, work duties,...Read more »
It would be difficult for a response provided in the short format of this question & answer board to address all the things to consider. Will you operate as any particular business organization? Will your staff be made up of employees or independent contractors? Will you protect the intellectual...Read more »
Operated a auto repair shop in NY in 1999. Had CPA do my taxes and paid what he said that I owed for sales tax tax for year 1999 which was around $500. Later got notice that I owed more than I had paid so I contacted CPA and he said he would take care of the issue. Had unfortunate events occur in... Read more »
Small production company with known reputable owner relies on its contract with major casting website to gain actors for play. Website employee arbitrarily suddenly cancels contract denying production company information with actor’s contact info that applied for positions causing immediate... Read more »
Greetings. This is a service contract dispute. The dispute will be governed by the contract. You need a lawyer to review the contract and determine your rights and remedies. For example, if there is a paragraph or clause in a contract that dictates when and why one party may terminate the...Read more »
Yes, an employer can demote you as long as it wasn't based on your membership in a protected class (race, religion, etc.) or based on you engaging in a protected activity. Because you provided very little fact about the circumstance, you may want to reach out to an employment law attorney in your...Read more »
All employees, managers or non-managers, exempt or non-exempt, must be paid for all services performed. Some severance agreements have provisions that a former employee will assist or perform nominal services after their severance date. Most employers do not want the liability of injuries or wage...Read more »
I was offered a promotion by my CEO in order to keep me from leaving the company to go to school.(I am the top salesman at our dealership) I accept the promotions due to the promises told to me and what I was able to do for the company would help me start my business. Two months later there CEO... Read more »
Greetings. We agree with Michael. But since you may have the commitments in writing, whether by email or in some other form, we want to add that you should take your potential case to an employment lawyer and have the lawyer flesh out the facts for you and see if you have a colorable claim. The...Read more »
Hi. I wrote most of the code for an app. It exists in my own personal, private repository (aka, code storage). The company for which I was writing the code was incorporated, but I never signed anything saying that the code was owned by them, nor is there a contract saying as such. All the code and... Read more »
Greetings. You say you were writing code "for" a company. We would need more facts to determine who owns the work product. In New York, a formal employment relationship is not necessary to be deemed an employee within the meaning of the Copyright Act. The essential factor in determining whether...Read more »
Church is incorporated and registered as religious corporation.yes, we are looking to dissolve and realize this requires court proceedings. The membership is next to nothing. Pastors health is seriously diminishing. The mortgage is paid monthly and is being held by the original owner of the... Read more »
Greetings. We would need a lot more information to provide you with a reasonable answer. For example, what type of membership is this? An athletic association, a union, a corporation, a condo or coop, a government entity, or one of many other types of organizations that have members and a board?...Read more »
Greetings. See NY General Construction Law section 30. "A number of months after or before a certain day shall be computed by counting such number of calendar months from such day, exclusive of the calendar month in which such day occurs, and shall include the day of the month in the last...Read more »
Greetings. We would need more information to give you a worthwhile answer. If the facts are simply that the sister of the previous owner started a competing business near you, then we see no unlawful behavior. If however the competing business is engaging in anti-competitive behavior, then you may...Read more »
Greetings. Are you a retail establishment? If so, New York has codified general business rules concerning refunds. For example, a retail merchant that has a refund policy must provide notice of the policy to its customers and then live up to whatever promises are made in the policy. If it's a...Read more »
Greetings. We do not have sufficient information to provide you with a reliable answer. From what we can tell, you made a typo on an important document and want to know if you can be fired for it. The simple answer is yes. In NY, you may be fired at will unless you have a contract that says you...Read more »
Shop owner never signed agreement, also did not provide sale prices until after I signed. Prices never discussed with me. I don't trust him at this point and the pictures have sentimental value, I made a mistake and I want my pictures back. Owner feels he should be allowed 90 days to try and sell.... Read more »
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