New York Business Law Questions & Answers
Q: My company only sells used computers, can I advertise an apple logo on the website under a"Used brands we sell" tab?
1 Answer
| Asked
in
Business Law, Consumer Law and Contracts
for
New York
on
Answered on Feb 12, 2019
Answered on Feb 12, 2019
Jonathan David Warner's answer
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
If you don't mind the potential of being sued by Apple, go ahead. Otherwise, you might be better off not taking the risk.
Good luck.
Q: I'm looking for a business law lawyer who understands US & China law.
Ali Shahrestani, Esq.'s answer
You'll need a lawyer who is licensed in both jurisdictions (rare), or two lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...
You'll need a lawyer who is licensed in both jurisdictions (rare), or two lawyers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: is there any way to deduct the full closing costs on a rental property instead of adding it to the basis?
1 Answer
| Asked
in
Business Law, Real Estate Law and Tax Law
for
New York
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
Q: Hi, I was given a business check in Nov 2012 as payment for money owned my my former business partner as we parted ways.
Michael David Siegel's answer
You should sue both, but as it is 2019, you are likely barred by the statute of limitations unless something tolled or reset that clock.
You should sue both, but as it is 2019, you are likely barred by the statute of limitations unless something tolled or reset that clock.
Q: Golf club membership
Ali Shahrestani, Esq.'s answer
You can have an attorney review the Board rules and facts related to this incident. It does like a conflict of interest and breach of fiduciary duty at first glance, but more details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in...
You can have an attorney review the Board rules and facts related to this incident. It does like a conflict of interest and breach of fiduciary duty at first glance, but more details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in...
Q: You dream it, we build it Can I use this for my construction company as a slogan?
Ali Shahrestani, Esq.'s answer
Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,...
Q: PARK ‘N FLY is US Service Mark registered Does the following in any way unlawful “www.bestparkandflydeals.com”
Barry Eran Janay's answer
Good question, probably belongs in the Trademarks category since Trademarks and Servicemarks are the same set of rules. Your question would boil down to whether an objective consumer would be confused by the domain, if they would be then it would potentially be an infringement. That said, a good attorney (I'm not one to brag ;) would be able to poke many holes in any claim that it was infringing, but like a good magician doesn't give away his secrets...
Good question, probably belongs in the Trademarks category since Trademarks and Servicemarks are the same set of rules. Your question would boil down to whether an objective consumer would be confused by the domain, if they would be then it would potentially be an infringement. That said, a good attorney (I'm not one to brag ;) would be able to poke many holes in any claim that it was infringing, but like a good magician doesn't give away his secrets...
Q: i have a disregarded entity and in middle of the year i got a partner should i file a schedule c or a 1065?
1 Answer
| Asked
in
Tax Law, Business Formation and Business Law
for
New York
on
Answered on Jan 5, 2019
Answered on Jan 5, 2019
Jonathan David Warner's answer
You’ll probably want to file a 1065, given that you ended the year as a partnership.
You’ll probably want to file a 1065, given that you ended the year as a partnership.
Q: Being sued by my title company, because they failed to research title and had to return money to mortgage company.
Michael David Siegel's answer
You need to respond. The defense depends upon the issue, which you did not disclose.
You need to respond. The defense depends upon the issue, which you did not disclose.
Q: If my 4 yr old grandson stated his two uncles made him drink beer is that grounds to be removed from my daughters home
1 Answer
| Asked
in
Gov & Administrative Law, Family Law and Business Law
for
New York
on
Answered on Dec 5, 2018
Answered on Dec 5, 2018
Kristen Epifania's answer
Forcing a child to drink beer can certainly be considered endangering the welfare of a child and can thus be a basis for the petition.
Forcing a child to drink beer can certainly be considered endangering the welfare of a child and can thus be a basis for the petition.
Q: Does it matter if the county listed on your Articles of Organization(LLC),is not the county your business is located in?
Michael David Siegel's answer
It will effect publishing, but it is not really a big issue. It impacts nothing else. If you amend for something else, change it, but no reason to spend now.
It will effect publishing, but it is not really a big issue. It impacts nothing else. If you amend for something else, change it, but no reason to spend now.
Q: do I use the 1 tax id from main biz for a few registered dba's
Jonathan David Warner's answer
You'll utilize Schedule C's for each business entity. You'll want to use an identical FEIN for each, assuming that you have been assigned same. If some of your entities are missing FEIN's, just leave that box blank.
Good luck!
You'll utilize Schedule C's for each business entity. You'll want to use an identical FEIN for each, assuming that you have been assigned same. If some of your entities are missing FEIN's, just leave that box blank.
Good luck!
Q: How should I incorporate strong non-compete clauses in my employment contracts?
Michael David Siegel's answer
No matter how clear the language, you still have to sue to enforce it, and it is hard to enforce. However, there is standard non-compete language to use in an employment agreement.
No matter how clear the language, you still have to sue to enforce it, and it is hard to enforce. However, there is standard non-compete language to use in an employment agreement.
Q: gave my CC info to a gym&I did not sign a contract I tried to back out but they required me to go in person.
1 Answer
| Asked
in
Banking, Business Formation, Business Law and Contracts
for
New York
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Q: Need advice on signing an agreement to split the benefits of a buyout of a medical malpractice provider I used
Michael David Siegel's answer
Sounds like a scam. Berkshire Hathaway is a public company. Why would you get money from a buyout?
Sounds like a scam. Berkshire Hathaway is a public company. Why would you get money from a buyout?
Q: What’s the best way to save money on taxes when trying to form an llc or Corp with personal 1099?
David Lacher's answer
So long as your corporation is an S Corp, there is no real practical difference with respect to taxes between that and an LLC. The profits and losses of the business flow through to your personal tax return in either instance. But there might be other considerations which favor one form of entity over another. For sure, it is more expensive to form an LLC in New York State because of the publication requirement, which does not apply to other business entity forms.
So long as your corporation is an S Corp, there is no real practical difference with respect to taxes between that and an LLC. The profits and losses of the business flow through to your personal tax return in either instance. But there might be other considerations which favor one form of entity over another. For sure, it is more expensive to form an LLC in New York State because of the publication requirement, which does not apply to other business entity forms.
Q: Hi, is it possible in US Business Law for directors to apply to make residential address unavailable to public access?
Michael David Siegel's answer
A director does not make a public filing except in a public company. So I am unsure why this is an issue.
A director does not make a public filing except in a public company. So I am unsure why this is an issue.
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