New York Business Law Questions & Answers

Q: Can I include a closely partnered business into my non-compete agreement?

3 Answers | Asked in Business Law for New York on
Answered on Mar 30, 2017

Yes, you can. The issue on non-compete agreements is the hardship to the employee. It must be narrowly tailored to the needs of the business.
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Q: If your company registered as a LLC can you receive a local grant using another organizations 501c3 for fiscal sponsor?

1 Answer | Asked in Business Law for New York on
Answered on Mar 27, 2017

No. That rings of tax fraud.
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Q: What would be the best legal entity for a home based organizing company with one owner, no employees, and subcontractor

2 Answers | Asked in Business Law for New York on
Answered on Mar 25, 2017

Contact a CPA re: tax questions. As for business form, you may consider a solo proprietorship. Your CPA can advise you of tax consequences. You may need a lawyer to review your business more closely to determine whether another kind of business form suits you better and whether you'll need special licenses and contracts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...
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Q: Q: Hello:) how do I contact or what do I do about a lifetime warranty watch I have that looks like the company is closed

1 Answer | Asked in Business Law, Consumer Law and Contracts for New York on
Answered on Mar 25, 2017

File a complaint with the consumer protection division of the state of NY or the AG office of NY.
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Q: Is it legal to offer my services as a handyman in the nude?

1 Answer | Asked in Business Law and Criminal Law for New York on
Answered on Mar 22, 2017

I don't hear a problem with this, so long as all agreements and releases are clear and in writing to avoid problems. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: The state of New York decides its previous 30-year acknowledgement of a class of economic partnership was a mistake.

1 Answer | Asked in Business Law, Contracts, Divorce and Constitutional Law for New York on
Answered on Mar 22, 2017

Your facts are vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice;...
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Q: Is there a statue of limitations on un paid unincorporated taxes from 2008

1 Answer | Asked in Tax Law and Business Law for New York on
Answered on Mar 20, 2017

NYS has a 3 years statute of limitations after a return is FILED to assess additional taxes, this said however there is no statute of limitations for failure to file, failure to correct a state return due to changes on a federal return, or for filing a false or fraudulent return with intent to evade taxes For more information see: http://www.tax.state.ny.us/pdf/publi...pub131_407.pdf
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Q: Displaying others' marks in ads

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New York on
Answered on Mar 10, 2017

You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive a cease and desist letter. The best way to avoid this scenario altogether is to not show or blur/remove the logos of these products.

The materials provided herein are for informational purposes...
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Q: Do I have to register my LLC in NY state for day-trading ("maintaining bank accounts") purposes? See NY LLC Law 803

1 Answer | Asked in Business Law for New York on
Answered on Mar 10, 2017

Doing business means transacting with customers / vendors and even advertising, you are correct just "maintaining a bank account" is not doing business. If you have a more specific question (which I think you do) feel free to email me privately.
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Q: If one files for personal Ch 7 bankruptcy, do the past capital contributions to an LLC or S Corp get affected?

1 Answer | Asked in Bankruptcy, Business Formation and Business Law for New York on
Answered on Mar 2, 2017

The short answer is it depends if it is real capital or an entry on a balance sheet. But, it can be affected, and when closely held business is involved a personal chapter 7 needs to be documented carefully.
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Q: Can a law firm mention my company name in its marketing, claiming it defeated my firm even if untrue?

2 Answers | Asked in Business Law and Libel & Slander for New York on
Answered on Mar 1, 2017

You can sue. Your issue is damages.
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Q: What are my legal options in regards to the situation I describe below? Am I legally obligated to pay?

1 Answer | Asked in Business Law and Collections for New York on
Answered on Feb 27, 2017

If you didn't pay what you owe, it sounds like they can sue you for the difference based on contract law. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: What are my legal options in regards to the situation I describe below? Am I legally obligated to pay? Can I technically

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for New York on
Answered on Feb 27, 2017

Of course they can sue you. An error on an invoice does not override a contract.
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Q: Partner quit project, agres 2 termination agrement, transfering profit share & rights without compensation. Enforceable?

2 Answers | Asked in Business Formation, Contracts, Employment Law and Business Law for New York on
Answered on Feb 22, 2017

A termination agreement should suffice, just make sure it's thorough and that his waivers are knowing and voluntary. Best to have a decent lawyer review it, just so happens I am a decent lawyer :)
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Q: Is trasporting scrap metals consider trade waste violations in NYC?

2 Answers | Asked in Business Law for New York on
Answered on Feb 17, 2017

The mere transport is not a crime. The summons would indicate why the manner you were doing it was a crime.
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Q: My business partner cut me out of a valuable real estate purchase we were to purchase together. What are my options?

2 Answers | Asked in Civil Litigation, Real Estate Law and Business Law for New York on
Answered on Feb 15, 2017

Without an agreement in writing to cut you in, you have no case.
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Q: What licenses and permits do I need in order to form a simple subscription box business?

1 Answer | Asked in Business Formation and Business Law for New York on
Answered on Feb 8, 2017

While you can get those things before you form an LLC it would be a more difficult task to later change those things into the name of the LLC (almost double the work) so forming the entity first would be my advice.
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Q: Is it illegal to host a paid service that manipulates Amazon.com's search algorithms by having bots create accounts?

1 Answer | Asked in Products Liability, Business Law, Trademark and Internet Law for New York on
Answered on Feb 6, 2017

You have to look at your provider agreements --all the stuff you signed saying "I accept" involved in the chain of your site.

Whether your internet is provided by Mozilla or Google or others they all have user agreements. Willing to bet buried in there may be something to prevent bot type activities especially account creation. You want to watch it because if you run afoul of Homeland Security regs your investigator will be from the FBI, you will have major searches especially for...
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Q: how in the Federal law the effect of control on corporation is defining?Tnx a lot!

1 Answer | Asked in Business Law for New York on
Answered on Feb 3, 2017

Your question needs clarification. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...
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Q: Do you use square ft to divide space between 2 people sharing a business space?

1 Answer | Asked in Business Law for New York on
Answered on Jan 31, 2017

You should have worked out these details at the start. Now you may need to negotiate this or mediate it, as one option. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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