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Pennsylvania Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts, Mergers & Acquisitions and Real Estate Law for Pennsylvania on
Q: If an LLC (with a land lease stating the lease cannot be sold) is sold, does this also mean the lease is sold? Breach?

How do I get around a breach? I'm trying to acquire the LLC and continue the current lease as is. The LLC owner wants to retire and offered to sell me his business. Would a partnership with the LLC be a better option rather than an acquisition? Another detail about this situation is that I am... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jan 8, 2019

Who is the current landlord? Please give me a call in my office. Your transaction seems a little more involved than can be done in a message forum. My office number is 412-391-7135

1 Answer | Asked in Consumer Law, Contracts, Business Law and Collections for Pennsylvania on
Q: Arbitration hearing or Judgement Issue?

In November of 2018 I received a notice from a sheriff’s deputy that a credit card debt that I had not paid was scheduled for arbitration for a date in July 2019. On December 3, 2018 I received a letter from the same law firm indicating that I had not filed a defense or objection in writing and... Read more »

Cary B. Hall
Cary B. Hall answered on Dec 7, 2018

The problem may be your "assumptions." I suggest contacting the Delaware County Bar Association for an attorney referral, and then sit down with him/her and going over everything. Knowledge is power, y'know?

Best of luck to you.

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Q: I want to trademark my Company's brand and and logo. Can anyone help? Thanks
Cary B. Hall
Cary B. Hall answered on Sep 17, 2018

Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.

Robert J. Duminiak, Esq.

Howson & Howson, LLP

Bldg. 620, Suite 210

350 Sentry Parkway

Blue Bell, PA 19422

Phone: 215-540-9200

Fax: 215-540-5818

Email: rduminiak@howsoniplaw.com

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Q: Can I file for PA unemployment if my employer has closed temporary due to the business being flooded from rainstorms?
Cary B. Hall
Cary B. Hall answered on Aug 20, 2018

Yes, you should be able to. And, at worst, the Department of Labor & Industry can deny your claim and then tell you why (and then you can appeal, and often ultimately win). But you'll get nothing if you don't try, so *try* and try ASAP.

Best of luck to you.

1 Answer | Asked in Consumer Law and Business Law for Pennsylvania on
Q: If you belong to a private club and you get written up for a tech dont they have to give you copies that is going in you
Peter N. Munsing
Peter N. Munsing answered on Aug 1, 2018

Not complete but you have to look at the governing agreement.

1 Answer | Asked in Business Law and Civil Litigation for Pennsylvania on
Q: Whats my liability/fault?

I own a small business that buys and resells used/unwanted goods. One of my employees sold a vehicle that was his for $500 while representing the store. I as the owner had no idea this was going on. Me or my store did not own the vehicle in any shape or form and was not there when the sale took... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

Worst case scenario--you pay him what the car was worth. The big issue is any liability if he drives. If it's just for the title snafu, you third party in your employee if sued. If you have overall liability insurance, then notify your carrier.

However, for starters your employee needs...
Read more »

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Energy, Oil and Gas for Pennsylvania on
Q: I'm Not getting overtime paid right

90.50 at 27 an hr an 50.50 at 13.50

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

not knowing your overtime rate it's hard to tell what your figures are but the wage hour division of the US Department of Labor would have information on filing a complaint.

Suggest if you haven't already save your check stubs as those should show the hours you worked each week...
Read more »

1 Answer | Asked in Business Law and Civil Litigation for Pennsylvania on
Q: I am evolved in a civil case with my ex-business partner over fiduciary responsibility. The case began in 2012 ….1

14 months ago we delivered his discovery request for documents. 14 months later have not heard a word since we rec'd a letter last weeks asking for more documents which we are going to object to. In PA can we not use misuse of process or harrsemement for dragging this case out this... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2018

you can try a non-pros; ask for a scheduling conference to set timelines would make the most sense as it sounds like you are not doing this with a lawyer. Then make sure you have whatever you want out of him or her.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: I am looking to buy a business but it’s a little complicated/need help drafting a binding contract of sort
Nancy L Lanard
Nancy L Lanard answered on Jun 29, 2018

When buying a business you should have legal representation who drafts an Asset Purchase Agreement and all of the accompanying documents. You should do the due diligence and check that there are no liens on the assets, etc.

I am happy to speak with you about your situation. I do not...
Read more »

1 Answer | Asked in Business Law for Pennsylvania on
Q: Does New Jersey corporate law require shareholder approval before executing a stock reverse split?
Cary B. Hall
Cary B. Hall answered on Jun 22, 2018

You're asking this question in a Pennsylvania law forum. Try asking your question on the New Jersey side for an answer concerning New Jersey law. Best of luck to you.

1 Answer | Asked in Business Law, Contracts and Employment Law for Pennsylvania on
Q: I had a NCA with a company that was purchased by another company. Do I still have an NCA?

The company I worked for, was purchased by another company. The new company acquired the assets and its related business and operates the acquired company through a wholly-owned subsidiary.

I did not go along with the new company so my question is whether or not the 2 year non-compete that... Read more »

Carrie A. Ward
Carrie A. Ward answered on Apr 16, 2018

You should have an attorney review your NCA for the best guidance. There may be assignment clauses and the NCA obligations may extend beyond your employment (with either company). It would be wise to engage an attorney to receive solid advice.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I owned an MC and Website Hosting Company. Someone else is saying they made my company. Help
Carrie A. Ward
Carrie A. Ward answered on Apr 13, 2018

You need to retained experienced Pennsylvania counsel to assist you with this. What is this third party claiming? Do they have an attorney involved? You need experienced counsel to protect your business.

2 Answers | Asked in Contracts and Business Law for Pennsylvania on
Q: Board members of a company are banning another board member(equal owner) from company meetings and votes.

Small Family LLC, 3 against 1 type of problem.

Carrie A. Ward
Carrie A. Ward answered on Apr 4, 2018

A review of the company's governing documents is necessary. You should engage experienced PA counsel to review the documents, analyze the facts of the situation, and to provide further guidance, which may or may not include litigation based on the specific facts of the situation.

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1 Answer | Asked in Business Law and Car Accidents for Pennsylvania on
Q: I was driving my company’s car and it was a state of emergency My car slipped and now my company is trying make me pay
Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

First they can go to their policy. Second, depends on the situation as to car damage. As to you damage, covered by workers comp.

1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Q: Pennsylvania: Indefinite (after Independent Contractor Agreement termination) solicit and/or compete clause enforcable?

I've heard of 1-2 year terms, but indefinite length on solicitation/compete... is that enforceable? If not, even with a "Contractor warrants that the above restrictions will not prevent Contractor from earning a living, and that they are necessary to protect the trade secrets of Company,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

Depends on how the document is drawn up, what their "investment" in you was--if any. Can't be answered as is. I suggest you get a consultation from an attorney who is a member of the Pa. Assn for Justice and deals in employment issues,

2 Answers | Asked in Business Law, Employment Law and Contracts for Pennsylvania on
Q: Can a company in PA change bonus payment structure after the close of the year, with no prior notice?

The company just released fiscal 2017 results, and we missed most targets. I then get an email saying they are changing our bonus payment for 2017, and the company as a whole will get a flat % due to poor overall company performance. I am part of a sales division that exceeded part of the bonus... Read more »

Carrie A. Ward
Carrie A. Ward answered on Feb 28, 2018

It will probably be an issue for your company if they clearly state the bonus structure in your contract. You should review your contract carefully. If you do not have a contract, your company has the flexibility to change its bonus structure as it sees fit. However, it is a major public... Read more »

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1 Answer | Asked in Banking, Business Formation and Business Law for Pennsylvania on
Q: How can I start & fund a business?

Business, Business Law, Formation, Costs etc.

Nancy L Lanard
Nancy L Lanard answered on Dec 23, 2017

Your question is way too broad to be answered in this forum. You should consult an experienced business attorney and accountant who can assist you figure out if you should operate as a corporation, limited liability company or a sole proprietorship. Additionally, the attorney would need an... Read more »

1 Answer | Asked in Business Law and Business Formation for Pennsylvania on
Q: My business partner has my money and will not put me on books or share profits

I gave my business partner a little over $300-k four years ago. He has not yet put me on the books or shared profits or doesn’t answer my calls and refuses to meet me. I continue to work at the business and run the business. The business partner has complete control of the finances. I just want... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2017

Attorneys fees possible but unlikely. Focus on the rest. If you have that much at stake you need a partnership attorney. You need to retain one, get advice as to what you can do to secure the evidence --for instance on the computers--etc. If you are in eastern PA I can recommend someone to you.

1 Answer | Asked in Consumer Law and Business Law for Pennsylvania on
Q: Can a nj lawyer write a legal position letter to a New York resident on behalf of a pa resident
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 4, 2017

Yes as long as it is about NJ law the clients residence state is irrelevant.

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