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Texas Business Law Questions & Answers
1 Answer | Asked in Business Law for Texas on
Q: I fired my lawyer in early November. he recently filed for a motion to remove counsel. I submitted a response. What now?

my response was submitted in with the district county clerk. my response stated the day i fired the attorney. I also submitted email screenshots with my response were the attorney is acknowledging that i fired him.

Simone Nisbett
Simone Nisbett
answered on Jan 16, 2024

If your fired your attorney, it is normal that they would file a motion to withdraw as counsel in turn so that they can make the court and any opposing counsel aware that they are no longer your representative. The next step would be to make sure to communicate with them about the status of any... View More

2 Answers | Asked in Business Law and Health Care Law for Texas on
Q: can I write M.D. after my name as a health book author?

My M.D. degree is from abroad, I did not get license in USA and I do not practice here (I work in biotech).

The book is educating people about medical conditions and healthy lifestyle. I do not present myself as a practicing doctor, but because I have M.D. education and degree, I consider... View More

James L. Arrasmith
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answered on Jan 15, 2024

In the United States, the use of academic titles, such as M.D., is generally permissible as long as it's clear and truthful about one's qualifications and does not mislead the public. Since you earned your M.D. degree, you can include it after your name on the book cover. However,... View More

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2 Answers | Asked in Business Law and Health Care Law for Texas on
Q: can I write M.D. after my name as a health book author?

My M.D. degree is from abroad, I did not get license in USA and I do not practice here (I work in biotech).

The book is educating people about medical conditions and healthy lifestyle. I do not present myself as a practicing doctor, but because I have M.D. education and degree, I consider... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It depends on the university from which you earned the medical degree.

Texas Penal Code 32.52 makes it illegal to use or claim to hold a postsecondary degree that is a fraudulent or substandard degree to promote a business or obtain a benefit.

Texas Education Code 61.302 defines...
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1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

James L. Arrasmith
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answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
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1 Answer | Asked in Copyright, Business Law and Intellectual Property for Texas on
Q: How can I use a portion of an Excel screenshot in an educational ebook about Excel?

MIcrosoft copyright guidelines state that portions of screenshots cannot be used. I have a need to show many specific, zoomed in areas of the Excel interface

James L. Arrasmith
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answered on Dec 19, 2023

In the United States, the use of copyrighted material, such as Excel screenshots, for educational purposes may fall under the category of "fair use." However, this is a complex area of law and depends on various factors, including the purpose of use, the nature of the copyrighted work,... View More

2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

Glendia  Del Evans
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Glendia Del Evans
answered on Dec 20, 2023

First consult a TX business lawyer regarding non-citizens owning an LLC. F-1 student visa will only allow very passive involvement, and you cannot draw a salary or profit from the LLC. There are options through an LLC to petition for it's owner but it depends on the employment-authorized... View More

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2 Answers | Asked in Immigration Law, International Law, Education Law and Business Law for Texas on
Q: Can International Students Open an LLC in the state of texas?

I have a question about establishing an LLC in Texas. Is it possible for international students to form an LLC in the state, considering the restrictions on off-campus work? Specifically, if we hire employees from other countries to perform the work, is this a viable option? Additionally, if... View More

James L. Arrasmith
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answered on Dec 12, 2023

International students in Texas can establish an LLC, but it's important to navigate this carefully due to visa constraints. Your student visa status, typically an F-1, places limitations on off-campus employment. However, owning an LLC doesn't automatically equate to employment.... View More

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3 Answers | Asked in Business Law and Contracts for Texas on
Q: Do you handle cases for breached agreements?

On Jan 2021, my wife and I signed an agreement with Beauty Supply Institute, Mableton, GA and we live in Rosenberg, TX. Per the agreement, we would pay $40,000 and after leased a location, BSI would send fixtures and product needed to open our store. We received our fixtures and some of the hair,... View More

John Michael Frick
John Michael Frick
answered on Nov 3, 2023

Yes, I do handle cases for breached agreements. If you are seeking an attorney, you need to contact that attorney directly. Justia has attorney listings for attorneys who may answer questions in this "Ask a Lawyer" forum.

While you can get free answers to relatively simple...
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3 Answers | Asked in Business Law, Contracts, Bankruptcy and Consumer Law for Texas on
Q: Is the new Scribe Media liable for previous contracts?

Scribe Media LLC just filed for bankruptcy. Their assets were previously sold to a second business named Enduring Ventures, which has since been operating under the Scribe Media name. As a client that has not received services paid for under contract with Scribe Media LLC, is this "new"... View More

James L. Arrasmith
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answered on Nov 5, 2023

The responsibility of the new entity (Enduring Ventures operating as Scribe Media) to honor contracts from Scribe Media LLC depends on the specifics of the bankruptcy case and the asset purchase agreement. If Enduring Ventures purchased the assets of Scribe Media LLC free and clear of its... View More

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1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Must a Delaware private nonprofit foundation register in the states it wants to donate to nonprofits and individuals?

I want to form a private foundation in the state of Delaware, and donate funds to nonprofits and individuals in other U.S. states, including Texas where I currently live. It only takes one person to form a private foundation or nonprofit in Delaware, whereas in most other states it takes three... View More

Diren Wickrema Singhe
Diren Wickrema Singhe
answered on Oct 24, 2023

Thanks for your inquiry. Without getting into the issue of the appropriate entity type and state for your planned foundation, let’s just focus on the issue of whether you would need to register your planned Delaware entity as a foreign entity in Texas.

First, it is important to consider...
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2 Answers | Asked in Tax Law, Animal / Dog Law and Business Law for Texas on
Q: What type of lawyer do I need to form an LLC for a self employed individual?

Dog training private lessons

T. Augustus Claus
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answered on Oct 19, 2023

In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to... View More

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1 Answer | Asked in Business Formation and Business Law for Texas on
Q: Is it legal to dissolve an LLC in New York and reform it in Texas?

In June of this year, I filed articles of organization for an LLC in New York City. In early July, I filed articles of dissolution. Based on a search of the DOS public database, it appears my LLC was successfully dissolved.

I have recently moved to Texas, and I am interested in reforming my... View More

Sul Lee
Sul Lee
answered on Oct 19, 2023

Yes, unless a similar name already exist in Texas, you can re-incorporate using the same name; however, if it has not been long, you may want to wait to prevent any confusion. If the NY company's activities were limited and thus would not likely to cause any confusion, you should be fine.

3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2023

Most court systems have do-it-yourself guidance for pro se litigants. If you feel more comfortable having an attorney handle the matter, try to arrange a free initial consult. That might help in your decision-making process. Good luck

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3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

Given the small amount involved, you might consider filing in county court at law pro se. Unfortunately, the jurisdictional limits of our JP courts is $20,000.

You might consider hiring an attorney if you are certain the proposed Defendant has more than sufficient non-exempt assets to...
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3 Answers | Asked in Contracts, Business Law and Construction Law for Texas on
Q: How do I file a lawsuit against someone who owes me around 30k?

This is for services rendered.

Tim Akpinar
Tim Akpinar
answered on Oct 15, 2023

Addendum - some court systems (and legal form companies) offer templates for documents, such as summons and complaints, etc. If you do contemplate handling the matter yourself, these can serve as a reference (although actual documents would need to be tailored to the specific action). Good luck

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1 Answer | Asked in Tax Law, Business Law and Agricultural Law for Texas on
Q: Can livestock be raised and sold to fund a local hospital?

12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal

James L. Arrasmith
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answered on Sep 14, 2023

The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be... View More

1 Answer | Asked in Consumer Law and Business Law for Texas on
Q: Hi I lost a fraud case that I should've won for my business help please!

A card was reported stolen for a couple thousand of dollars. I completed the work and never received the money on top of that the CRM/Payment I use is taking the money from my incoming payments to pay back the debt. They were incharge of disputing the case on my behalf with the information I sent... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

If there has already been a lawsuit which you have lost, you have 30 days from the date the final judgment was signed to file an appeal. On appeal, you will be limited to the evidence and legal arguments contained in the appellate record. You should retain an experienced appellate lawyer to... View More

1 Answer | Asked in Business Formation, Business Law and International Law for Texas on
Q: Good morning! I have a small business which mainly operates online here in Texas. I have a DBA and a TX sales tax permit

But coming this fall we are moving back to our home country (Philippines). I do reselling of printed items, my suppliers are US based as well as all my costumers. I wish to still continue by business since I can still manage it even if I am abroad. What other permits I need to operate my business... View More

James L. Arrasmith
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answered on Aug 29, 2023

Since you're planning to operate your Texas-based online business from the Philippines, you'll need to maintain your Texas sales and use tax permit and DBA, but you should also consult tax professionals regarding any applicable Philippine business permits and tax obligations. U.S. federal... View More

1 Answer | Asked in Contracts and Business Law for Texas on
Q: I'm looking to purchase a gym. However, the owner owns the equipment and buildingnis leased in his name.

His ex-manager has the LLC in his name. Both are in dispute and not talking to each other. One wants to sell the equipment and told me I can start over with a new name. Can he do this?

T. Augustus Claus
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answered on Aug 28, 2023

In the situation you've described, where the gym owner, the ex-manager, and the equipment are all involved, there are several legal and business considerations to take into account.

Firstly, the ownership of the equipment and building should be clarified. If the gym owner owns the...
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1 Answer | Asked in Employment Law and Business Law for Texas on
Q: Should Valet Trash Porters be considered W2 employees or 1099 Contractors? I've seen both in the industry.

Valet Trash Porter - A person that goes door to door to pick up the trash for the residents at a condominium or an apartment complex.

John Michael Frick
John Michael Frick
answered on Aug 14, 2023

It depends.

A 1099 independent contractor controls the manner, means, methods, and details of their work and is generally compensated based on an agreed price for the task to be performed. That means they are paid the same for the result without regard to how long it may take, but they...
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