If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the... Read more »
answered on Sep 20, 2022
Depending on the language of the NDA, yes. Have a free telephone consultation with counsel.
I hope to become a silent partner in an LLC in the state of Israel or in Great Britain, a fine art gallery. Am I allowed to do that prior to emigration? I hope to use that "work status" as the owner of a business there to obtain residency as an ex-pat. I hope to not get ripped off, to... Read more »
answered on Nov 16, 2021
Your post remains open for almost a week - some of the issues mentioned, such as emigration, alienage, visa, etc. could be things that an immigration attorney would have insight into. There's no guarantee that all questions are ultimately picked up, but you could try reposting with Immigration... Read more »
Or in order for the merger doctrine to be applicable the dominant estate must obtain title to the servient estate?
answered on Aug 2, 2020
Title is taken by an individual or entity, not the land. If the same owner takes title to both the dominant and servient estates, then the easement is extinguished through the "merger" of the estates. I hope this helps answer your question.
He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her?
answered on Apr 16, 2020
Whoever is the estate fiduciary can file the return. The refund, if any, goes to the estate. The first $50,000 of any estate (unless there is a will) goes to the spouse. Thus, you need to determine if there is anything in it for you, if an estate is worth commencing, and if a return should be... Read more »
Last year I created an S-corp in NY after the suggestion for tax purposes by an accountant. What I didn't realize was that I needed to be a professional corporation first, and then elect S-corp status because I am a licensed therapist. I have income, bank/credit accounts, and a loan under the... Read more »
answered on Jan 31, 2020
I would just start over. I am not sure what you would be merging. What assets are you talking about?
answered on Mar 3, 2018
No. It depends on the partnership agreement, if any, and what business is continuing.
My Corporation signed agreement with client to pay fraction of actual cost for an app, website, etc...by providing Corporation 15% partnership. Client failed to fulfill the obligation in many ways, and offered to buy me out. I need a letter that does the following:
1) After payment is... Read more »
answered on Jan 18, 2018
I don’t see a question here it seems that you need to hire an attorney to represent you, am I correct?
Feel free to call
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235... Read more »
contract be revisited?
answered on Oct 24, 2017
Depending upon the rights to the initial agreement including the right to make changes based on material changes in one or other of the businesses, all things being equaled the terms of the merger and more importantly the reason for the material change should be discussed and if appropriate be... Read more »
answered on Sep 6, 2017
Are they public or private companies? 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/... Read more »
answered on Aug 13, 2017
You could feasibly form a contractual agreement to that effect during the sale process. 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,... Read more »
answered on Jul 23, 2017
If you go to the Trademark Office and look up the mark, assuming it is registered at the USPTO, it will state who the owner of the mark is and you can write to them.
A foreign National employee who had been working with a mulitnational company for a decate and the last 3,5 years in the US on a E-1 Visa.
The employer went thru a Corporate Restructuring and is now not eligbale for E-Visas anymore and the foreign national employee lost his VISA status and... Read more »
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.
the paperwork, he verbally agreed that my employees wouldn't be let go, but he seems to be reneging on that promise now that he has all the power. Do I have any recourse?
answered on Jul 22, 2017
Probably not unless you want to argue it was fraud in the inducement and seek to rescind the merger.
I am a NY resident. I saw a FL convenience store for sale advertised on a website. I signed an LOI to buy the business via an asset sale. The sale would not include sale of any real estate. Both seller and I signed as individuals. I placed a good faith deposit of around $12k with an escrow agent,... Read more »
answered on Jun 28, 2017
Under the Letter of Intent does it state what states law and jurisdiction shall apply? if it says FL then you must file in FL. If it is silent, then the issue is do you fulfill the long-arm statute for NY. If you file in New York and the Court decides it does not have jurisdiction you will have... Read more »
answered on Jun 23, 2017
In order to guard the proprietary information of the business, it is generally best practice to enter into a NDA before you begin to disclose specifics. Make sure to consult with a mergers and acquisitions lawyer regarding the specific considerations when negotiating an NDA.
answered on Jun 2, 2017
The advantage of an asset sale to the Buyer is that the Buyer can avoid undertaking any unwanted liabilities of the Seller. The advantage of a stock sale to the Seller is that he can avoid any depreciation recapture from the sale of equipment. However, if done properly the asset sale can work as... Read more »
The company was purchased by a majority investor, who came in and laid off 3/4s of the company. I am currently looking for another job but I'm not sure what I can do. My field is very small and the non-compete was for 1 year after severance.
answered on Apr 27, 2017
Many non-compete clauses are invalidated because they're too broad. Have a lawyer look at it.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... Read more »
answered on Apr 21, 2017
The merger agreement dictates which state laws apply. As to that decision it depends if it is a merger of equals or one is entity will remain in control. The decision should be based on what is best for the merged entity.
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