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Virginia Business Law Questions & Answers
1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Should I write a letter of demand first, or should I hire an attorney and sue the other party?

In October 2017, I signed a stock transfer agreement and I became a shareholder of a restaurant in Virginia.

In November 2019 I ended the agreement (verbally). My business partner (majority shareholder) and I sat down and we calculated what he owes me on a simple piece of paper. This... Read more »

Steven Krieger
Steven Krieger
answered on Jun 28, 2022

You can do a letter or a lawsuit. You know your former business partner better than an attorney, so if you think the partner would be motivated o resolve if sent a letter then that's the way to go. If you think the partner would ignore the letter, then litigation is the way to go. I'm... Read more »

1 Answer | Asked in Business Law and Car Accidents for Virginia on
Q: Is my employer liable for damages caused in an accident driving in bad weather to another work site (on the clock)

Virginia state. After a snowstorm so roads were icy (mountainous region). Made my disapproval known about the bad roads before my shift. Forced to come in. After I got to work and clocked in, my employer then made me drive my personal vehicle to another work location. Hit a patch of ice and slid... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry about your accident. It could depend on the carrier's practices and the scope of coverage on your policy. Good luck.

1 Answer | Asked in Business Law, Civil Litigation, Divorce and Real Estate Law for Virginia on
Q: What information does an attorney have the ability to find out about someone from their office?
F. Paul Maloof
F. Paul Maloof
answered on Oct 26, 2021

This question sounds like a personnel matter. I do not handle personnel matters. Sorry.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Civil Litigation for Virginia on
Q: Car dealership refused to cancel my service contract & gap insurance even though they have a 30 day cancellation policy

I discovered days after purchasing my car that the dealership slipped a service contract and gap insurance into my loan contract. I then called/emailed the dealership multiple times asking for a cancellation but they refused, insisting that my car loan was tied to those products (contract says... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Oct 20, 2021

Your recourse is to file a breach of contract lawsuit against the dealership. It will be your burden of proof to persuade the Judge that your claims are proven by a preponderance of the evidence.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law, Business Law and Civil Litigation for Virginia on
Q: SB123/HB838,Va,1 def.lawyer,Exec.VP co hq in fl.offense,jury trial in Va.settlement offer.terms were prejudiced.

Company offered a one sided settlement agreement. I can't honor terms due to active Anti-Retaliation Unit NCIT Certified Investigator Virginia doing his due diligence. I have ADA OWBPA ADEA eligible concerns/pandemic restrictions. Jury trial set for 07/22/2021.I am a registered corporate... Read more »

F. Paul Maloof
F. Paul Maloof
answered on May 17, 2021

I regret that I do not handle employment law matters. Sorry.

2 Answers | Asked in Copyright, Business Law and Trademark for Virginia on
Q: I want to protect my designs from domestic and international companies from stealing it. Do I Trademark or copyright it?

Hi, I have a small business which features original designs on t-shirts.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

As indicated a design patent can provide protection.

Depending on what you are doing you could file for other registrations depending again on what your creations are.

Consult with an attorney.

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Litigation for Virginia on
Q: I am having serious issues with Ikea

I bought a dark grey sofa and immediately had issues. The color wasn't as advertised and the required cover to velcroes on didn’t fit. I couldn’t get anyone on the phone bc they had tech issues. I reached them via Twitter and they send me a replacement cover. This one was even smaller.... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Apr 2, 2021

You should call the Office of the Attorney General of Virginia, Consumer Affairs Division and make a formal complaint.

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Contract Law question. My contract says that I have to give four (4) months advance notice to quit the job.

I am working in a privately owned medical field. And the owner of the practice put that I have to give 4months advance notice in order to quit.

I believe it is too long to find another job in that time period. I have other positions available that are looking for my job right now.... Read more »

Steven Krieger
Steven Krieger
answered on Oct 28, 2020

I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.

1 Answer | Asked in Banking, Business Formation, Business Law and Securities Law for Virginia on
Q: Does a company need to register as a financial advisor if partners or members are only buying/selling securities?

Wanted to know because I'm looking to open a partnership or llc. No financial advice will be given to partners or members. One person would do all the transactions on behalf of company. This is for investment purposes.

Robert W. Pearce
PREMIUM
Robert W. Pearce
answered on Oct 8, 2020

If the transactions are by the Managing Member or General Partner for and only on behalf of the company in only its private securities account and the company is not in the business of just buying and selling securities as a Broker or Dealer then in my opinion no registration would be required.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Identity Theft for Virginia on
Q: My personal information was stolen by a business employee. What are my options?

I ordered food from a local sandwich shop. A few days later I received a call from a person claiming to represent that shop, who then tried to solicit me for "opportunities for extra cash" from PFS Incorporated. Which is not affiliated with the sandwich shop at all. This shop employee... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Aug 18, 2020

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Business Law for Virginia on
Q: How do you get rid of an agent to a LLC who objects to the original purpose?

There is no operating agreement on file. However, there are official minutes and a general operational procedure over the years. The person acting as agent wants to take over the LLC and run it for the agents benefit. How can we enforce the original [purpose and remove the agent?

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Jul 24, 2020

I suggest you talk to a lawyer and show the documents to determine the relationship of the agent (assuming you mean registered agent) with members and the LLC.

1 Answer | Asked in Business Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: If a UD case is non-suited, is there any way to seal this or otherwise keep it from being uploaded to the Internet?

Related to the prior question: "Can I seal or expunge an eviction record in Virginia pursuant to § 19.2-392.2

The case did not result in an eviction nor a collection" You will see a lot of these as first time civil defendants seek to pay arrears after Unlawful Detainer (UD)... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Jul 20, 2020

In Virginia, eviction matters are generally not under seal. You may want to seek a formal opinion from an attorney in the jurisdiction where you reside on your questions.

2 Answers | Asked in Business Law and Civil Litigation for Virginia on
Q: our partner who was running business took unilateral decisions with our knowledge and incurring huge loss to us

penalties form from franchise & Credit Card Debts

F. Paul Maloof
F. Paul Maloof
answered on Jul 15, 2020

It seems like a criminal matter so you should call the police or the FBI.

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Gov & Administrative Law for Virginia on
Q: I ordered an item from etsy. Cant pay import fees.

Ordered $23 item did not know it was coming from Europe. Seller wont cancel. What happens if i dont pay duties/import fees.

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2020

A Virginia attorney could advise best, but your post remains open for five weeks. You could check their terms of service, or if there are internal provisions for resolution of disputes. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Is it violating non-compete if I work for subcontractor of competing company?

.

Shafeek Seddiq
PREMIUM
Shafeek Seddiq
answered on Apr 13, 2020

It depends on what your non-compete says. Non-compete, also knowns as restrictive covenants, prevents employees from stealing employer secrets and customer after their employment ends. It can also prohibit employee from contacting employer's customers, prohibiting you from working for someone... Read more »

1 Answer | Asked in Business Law and Employment Law for Virginia on
Q: What is the difference between business litigation and employment litigation?
Tim Akpinar
Tim Akpinar
answered on Feb 29, 2020

Business litigation deals with business matters such as the sale of goods, breach of contract, challenging corporate structures, and other areas, many of which are related to contract law. Employment litigation is more focused on matters that arise in the workplace, such as discrimination, wrongful... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Q: My LLC is being sued along with me as an individual. How can I separate the two so I can defend myself?

Basically I've been hit with a frivilous lawsuit from an old advisor who has dragged out the court process long enough to bankrupt me. I'm trying to make it to court so I can get the case thrown out, but since the LLC is attached I can't defend myself. Is there a way to separate... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 18, 2020

The answer to your question will depend on what is alleged in the lawsuit that was filed against the LLC and against you. There is no general answer like one size fits all.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Libel & Slander for Virginia on
Q: Nat. company’s website refers to a hired person’s “bio” & includes false claim of starting event that’s yours. Sue comp?

Their is the local branch that the person was hired but the person works all over the country with the large nat. company. It is still active on the website. I know they scrubbed social media for everything/ anything when he hired, but the liar wrote this bit and they missed it. Can I file a cease... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 16, 2020

Many of the answers to your questions depend on the particular facts that are involved in your case. You should definitely confer with a lawyer and get a formal opinion.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for Virginia on
Q: 850k If an attorney erases 3 lines in a copy of a contract he gives to a judge, is there a way to deal with it swiftly?

$850,000

The original contract is on file and his client stated he had possessions, that are the contract stated, he had no knowledge of the list and if found he would return. Apdx A was the 100k. list items. It a custom contact 3 pg doc. with appendix A list.. page contract written on the... Read more »

F. Paul Maloof
F. Paul Maloof
answered on Feb 16, 2020

It is no clear what is your question but if there was a judgment entered against you, you should file an appeal asap.

1 Answer | Asked in Bankruptcy, Immigration Law and Business Law for Virginia on
Q: The JCE in an EB-5 case is terminated during I-526. Will our case be denied? Can I get back my money? What should I do?

The LLC that we have invested fund in our EB-5 case, has terminated. Our case is still waiting on response from USCIS for I-526. The case has been received in 2016 and I don't know when the company is terminated.

Timothy Denison
Timothy Denison
answered on Feb 3, 2020

Consult an immigration attorney immediately.

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