You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, if Frank and Sam are 'merchants' (business people), a set of certain rules will apply and dictate the analysis under the Uniform Commercial Code. This situation needs to be explored... View More

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, an oral agreement in many instances can also be valid (although never advisable). Not having a written agreement is going to be challenging to proof in court, unless you, e.g., have direct... View More

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. Generally, the parties are bound by the terms of the agreement. If the customer wants to modify (renegotiate) the agreement it can be done only per the terms of the agreement and with the other... View More

Ah…the case of the wrong trees. I saw your questions on Avvo. You will have to contact a lawyer to evaluate your rights. Depending on the application of the UCC and the terms of your written contract, if any, you may or may not have several options available to you.

You can sue him in small claims court for indemnification. This doesn’t release you from your obligation to repay the tickets, but if your suit is successful, you can seek a court order that your partner reimburse you for these charges. Of course this depends on your ability to bring proof of the... View More

Article 12-A of the New York Real Property Law, Section 441-b, provides:

"In case a person licensed individually as a real estate broker thereafter becomes an officer of a corporation or a member or manager of a limited liability company or a member of a co-partnership an application... View More

Greetings. It appears you want to protect your business from allegations of poaching. To avoid such disputes, businesses institute employment verification protocols. These range from the simple (calling all prior employers on a resume or employment application) to the complex (hiring an outside... View More

Some of the licenses and permissions you need include the following: (1) Certificate of Authority by New York State Department of Finance to collect sales tax: (2) Resale Certificate [if applicable] from Dept of Finance; (3) You must file quarterly Sales Tax Returns Form ST-100; (4) There are other... View More

It could depend on what your capacity is, as an officer, fiduciary, etc. This is posted under "Uncategorized." It sounds like something that attorneys who practice in Business Law, Securities Law, Business Formation, and confidentiality agreements would have insight into. Some questions... View More

Every action that a corporate officer undertakes can potentially lead to liability under State and Federal Securities laws, banking laws, contract laws, fiduciary rules, and more. Your question is extremely brief. My guess is that it's only an iceberg question: meaning there is a lot more... View More

If these are wholly owned by you, you should be able to just change the membership agreement. If you are doing this to avoid creditors, it could be a fraudulent conveyance. Also, depending on how you carry the books, there may be tax consequences.

You need a stock purchase agreement by which the S Corp will purchase the LLCs. There are certain legal consequences of this, such as the new entity assuming the liabilities of the constituent entities. You can also structure this as a stock exchange or traditional merger pursuant to the Business... View More

In New York, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret. In New York, courts look at six factors to determine if information should be considered a trade secret:... View More

If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More

This is something you may want to sit down and discuss with your insurance broker. In terms of employer's coverage, if you mean insurance for workplace accidents, that would be your workers' comp policy. That covers injuries arising in the course of employment. You may also have a policy... View More

It sounds like a crowdfunding campaign for a creative project in development, where the entrepreneur takes back orders before actually having the inventory to fill the orders. Check out kickstarter as a possible starting point. Many creative entrepreneurs have used it to successfully launch their... View More

You will likely be subject to a copyright infringement and/or counterfeit account ban and because you seem to have no licensing documents from the rights owners. Because you are apparently doing this knowingly, you will likely be permanently banned from these platforms without much of a chance of a... View More

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answered on Dec 16, 2022

These are multiple questions involving both business law and immigration law.

Q/ How does that work?

A/ The process of formation of the LLC is the same for any person, Citizen, Resident, OPT holder, Visa-holder, illegally present in the US, etc. Hiring through an LLC is also the... View More

This issue is a little complicated. In general you either need to have work authorization to open a business in the United States, for example, through an E2 investor visa, or you need to partner with a person with work authorization or a LPR or US citizen and basically delegate all day to day... View More

This is a case where a creative retainer might be useful. Meaning, because the dollar amount is small, you can consult with an attorney who can help you draft the litigation documents, guide you through filing and service, and preparation before court appearances. This is a much better option than... View More