New York Business Law Questions & Answers

Q: i have an academic question about intl law and treaties which might not have a certain answer:

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on
Answered on Aug 9, 2017

This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.
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Q: Hello, do I need to file for a Foreign qualification in NYS for my business?

2 Answers | Asked in Business Law for New York on
Answered on Aug 9, 2017

Yes, because you are rendering services in NY. You should be filing a NY corporate return.
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Q: is public access tv considered public domain?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Answered on Aug 7, 2017

Probably not, contact the shows producers and ask for permission / a license.
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Q: Am I required by NY law to install a sign that indicates to my clients that they are under surveillance?

1 Answer | Asked in Business Law for New York on
Answered on Aug 7, 2017

You would be wise to get the consent of the client or at the very least put up a sign that was very conspicuously placed (i.e. impossible to miss). Here is the section of law regarding unlawful surveillance:

S 250.45 Unlawful surveillance in the second degree.

A person is guilty of unlawful surveillance in the second degree when:

1. For his or her own, or another person's amusement, entertainment,

or profit, or for the purpose of degrading or abusing a...
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Q: Can I sue my boss for recording phone calls?

2 Answers | Asked in Employment Law and Business Law for New York on
Answered on Aug 5, 2017

The first question is what are your damages? How will you prove them?

Were you using your employer's phone and or electronics? If you were on the clock what does your employer's policy state? Was the policy uniformly applied.

Seek legal counsel.
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Q: I developed a name for a business idea. How do I protect the name since it will be an online business?

2 Answers | Asked in Business Law for New York on
Answered on Aug 4, 2017

Trademark it, please feel free to reach out to me privately to discuss further.
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Q: Hello, I'm a IC and another IC person went to my truck to take parts from it, can I call the police to press charges ?

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Litigation for New York on
Answered on Jul 31, 2017

Limited facts, but yes, it sounds like he stole your personal property.
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Q: Can an off duty manager fire an employee for alleged misconduct (employee is on company time seen by exiting manager)?

2 Answers | Asked in Business Law, Employment Discrimination and Employment Law for New York on
Answered on Jul 24, 2017

Most likely yes. I say most likely because this appears to be an employment at-will scenario in which case any superior can, within the scope of his responsibilities fire an employee with or without any cause.
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Q: Suing company for negligence in handling their immigration matters

2 Answers | Asked in Business Law, Immigration Law and Mergers & Acquisitions for New York on
Answered on Jul 22, 2017

The employer does not have to consider immigration consequences of it's restructuring. You do not have any viable case from what I can tell.
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Q: May shares of a C corp be redistributed to two family members without third shareholder knowledge ?

2 Answers | Asked in Business Law for New York on
Answered on Jul 20, 2017

It depends on bylaws, and the office of each shareholder.
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Q: Have you used the "Freelance Isn't Free Act" in NYC for nonpayment to sue a single member LLC?

2 Answers | Asked in Business Law and Contracts for New York on
Answered on Jul 18, 2017

Each case differs. 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.AEesq.com. 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...
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Q: Can I sue this business in a NYC court or must it be in Florida? They have a NYC office and only owner lives there.

4 Answers | Asked in Business Law and Contracts for New York on
Answered on Jul 18, 2017

The grammar here is awkward. I think it means you have to agree to FL, but any other place where regular jurisdiction can be obtained is not precluded. Thus, NY looks fine.
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Q: Hi Justia.It about the lease agreement of the mall

2 Answers | Asked in Business Law and Landlord - Tenant for New York on
Answered on Jul 16, 2017

Typically in a mall lease, you would have asked for exclusive rights as a nail salon in the mall. Your lease governs. If there is no such clause, you would have a weak case, unless you can prove the landlord did it to intentionally hurt your business.
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Q: I signed a consultancy agreement for a company to provide services, but want to open up a business. Could I be sued?

2 Answers | Asked in Business Law, Contracts and Employment Law for New York on
Answered on Jul 14, 2017

What are the related terms of your contract? 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: I purchased 2 boats from a very large and well known construction company.

3 Answers | Asked in Business Law, Contracts, Construction Law and Small Claims for New York on
Answered on Jul 10, 2017

What are the terms of your contractual agreements? 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.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Is a used car dealership operating as a DBA required to have a lawyer in a lawsuit

2 Answers | Asked in Consumer Law, Business Law, Civil Litigation and Lemon Law for New York on
Answered on Jul 5, 2017

a d/b/a is not a corporation or business entity, as such the owner can be held individually liable and there is no separate entity that would require a legal representative, in short he or she would not have to have a lawyer.
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Q: Can I open a business bank account for someone else with an authorization letter?

1 Answer | Asked in Banking, Business Formation and Business Law for New York on
Answered on Jul 5, 2017

Yes, but you'll need the articles of organization, the FEIN #, and a board resolution indicating that you are authorized.
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Q: Can I use the font "master of puppets" like the one Metallica used for their band name to put on bathing suits and sell?

3 Answers | Asked in Business Law and Intellectual Property for New York on
Answered on Jul 3, 2017

You can't trade your goods off of the name they made famous...
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Q: About "Power of Attorny" and "Legal Representative Agreement"

2 Answers | Asked in Banking, Business Formation, Business Law and Identity Theft for New York on
Answered on Jun 30, 2017

You need an employment agreement. There is no "form".
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Q: What exact form do I need to have to give my power to someone to manage my business and bank account, signing checks etc

3 Answers | Asked in Banking, Business Formation, Business Law and Identity Theft for New York on
Answered on Jun 30, 2017

Your options may depend on your type of business entity and shareholder/member agreements currently in place. In general, you will need a power of attorney. Preferably, you may appoint the individual as a manager of the business, with all powers necessary to conduct the operations and business affairs.
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