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Washington Business Law Questions & Answers
2 Answers | Asked in Business Law and Civil Litigation for Washington on
Q: What attorney do I need if my company is being sued in Vancouver Wa
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Washington attorney could advise best, but your question remains open for a week. Until you speak with an attorney in your state, the first thing an attorney would ask you is what the lawsuit involves. You'd probably want to seek law firms that practice in that area. In terms of geography,... View More

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2 Answers | Asked in Business Law and Civil Litigation for Washington on
Q: What attorney do I need if my company is being sued in Vancouver Wa
James L. Arrasmith
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answered on Feb 23, 2024

If your company is being sued in Vancouver, WA, you will likely need the services of a civil litigation attorney who is licensed to practice law in the state of Washington. Civil litigation attorneys specialize in representing clients involved in legal disputes, such as lawsuits, and can provide... View More

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1 Answer | Asked in Employment Law, Tax Law and Business Law for Washington on
Q: Can my company pay me my 401k balance via extra hours worked on my checks?

For 1 year I got 60-90hrs extra on each check I figured it was them paying out stocks do to the company being sold and changing from employee owned to non, I just got a letter that states my 10k I had in my 401k is now at 0.00 this is the first mention of my 401k I have received

James L. Arrasmith
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answered on Jan 26, 2024

In addressing your question, it's important to understand that 401(k) plans are subject to specific regulations under the Employee Retirement Income Security Act (ERISA). Generally, these plans are not designed to be paid out through extra hours worked or through your regular paychecks. Such... View More

1 Answer | Asked in Business Law, Cannabis & Marijuana Law and Internet Law for Washington on
Q: Can a WA dispensary legally make commissions off of third-party food products sold not on the premise?

For example, a dispensary has a QR code that affiliate links to a website that sells candy. The candy site pays them commissions for each sale that comes through because of the dispensary. I understand that WA state dispensaries cannot directly sell non-THC products (hats, candy, etc.).

James L. Arrasmith
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answered on Jan 23, 2024

In Washington State, cannabis dispensaries are subject to strict regulations regarding what they can and cannot sell or promote. While dispensaries are prohibited from selling non-THC products like regular food items or merchandise directly, the scenario you're describing involves an affiliate... View More

1 Answer | Asked in Consumer Law, Business Law and Constitutional Law for Washington on
Q: What are the WA state laws re: SIR in a 3rd party insurance claim against a roofer's defective roofing job and damages?

We hired a roofer through a professional service. The roofer failed to repair damages from his inferior work. The professional service offered a small refund with a waiver of section 1542 of CA civil code. Before I sign the release, I want to be sure it doesn't preclude me from suing the... View More

James L. Arrasmith
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answered on Jan 18, 2024

In Washington State, a Self-Insured Retention (SIR) is an amount that the insured party, in this case, the roofer, must pay out of pocket before their insurance coverage kicks in for a claim. If the roofer fails to pay the SIR, the insurance company may not cover the claim. This means that if the... View More

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Landlord - Tenant for Washington on
Q: The Legal Lessor locked me out of my business he violently forced me out of the store, and I filed a case in police depa

The Legal Lessor locked me out of my business he violently forced me out of the store, and I filed a case in police department.

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

Generally speaking, a commercial landlord can only exercise its right to lockout a commercial tenant if the tenant has failed to timely pay rent, and must provide a key for access to the premises promptly when the tenant cures any default in the payment of rent.

If the landlord wrongfully...
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1 Answer | Asked in Business Formation, Business Law, Contracts, Tax Law and Estate Planning for Washington on
Q: My dying mother wants to leave her art business to me, she wants me to continue sell her branded art for her

What must I do legally?

She wants me to continue on her brand and artwork selling.

James L. Arrasmith
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answered on Sep 14, 2023

To legally handle your mother's request, you should:

1. Ensure she has a valid and comprehensive will or trust that clearly outlines her wishes for the art business's succession.

2. Work with an attorney experienced in estate planning to facilitate the transfer of assets...
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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Washington on
Q: Can a business refuse to give me a time that an employee comes into work if I’m trying to serve legal papers?

I’m trying to serve legal documents and I can’t sit outside their place of work all day waiting for them to come in.

John Michael Frick
John Michael Frick
answered on Sep 8, 2023

In general, a business is not required to voluntarily disclose information about their employee’s work schedules.

If you are an authorized process server, you can leave your business card for the employee and ask him to call you to arrange a convenient time to be served, but he is not...
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1 Answer | Asked in Contracts, Business Law, International Law and Internet Law for Washington on
Q: Amazon closed my account, can reinstate it?

amazon kdp closed my account on 01-12-2023. With 22,000$ three pending months, I have been a publisher with Amazon KDP since 2019 and have worked hard over the past four years to establish myself as one of the best-sellers in the children category. Unfortunately, due to a mistake on my part, I have... View More

James L. Arrasmith
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answered on May 5, 2023

If your Amazon KDP account was closed due to policy violations or negligence on your part, it may be possible to reinstate your account by contacting Amazon KDP support and explaining your situation. You will need to provide evidence that you understand the policies and have taken steps to correct... View More

1 Answer | Asked in Business Formation and Business Law for Washington on
Q: I have a sole proprietorship business but would be safer to have an LLC for liability reasons?

I have a sole proprietorship plumbing business but have been told by other business owners lately that I should have gone with an LLC. I am fully insured, bonded, and licensed but I want to make sure that will protect my personal assets if something does happen one day. I have been researching how... View More

Brent Bowden
Brent Bowden
answered on Apr 26, 2023

An LLC can certainly provide an additional level of protection for your personal assets, when properly set up and properly run. But, as you pointed out, you would likely need to open a new bank account and set up your license, insurance, bond, etc to reflect the LLC. Some of those things you might... View More

1 Answer | Asked in Employment Law, Admiralty / Maritime and Business Law for Washington on
Q: Can a captain charge deckhands for gear/supplies as he deems fit?

Normal deductions are food/fuel. The following are extra.

2 examples.

A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.

In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I...
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1 Answer | Asked in Bankruptcy, Business Law and Mergers & Acquisitions for Washington on
Q: Can litigation be used to drain a company of its capital and leave it vulnerable to a takeover by the plaintiff?

Hi everyone, I don't have any specific geographical location in mind, so if lawyers have examples of laws that they know of, regardless of region, it'd be interesting to hear them:

Is there anything in the law to prevent litigation used by one larger company (that can handle... View More

Timothy Denison
Timothy Denison
answered on Jan 4, 2023

Generally not unless it involves the purchaser becoming so large as to violate the Sherman Anti-trust Act. The activity you describe is called corporate raiding but is usually legal when performed within the rules of a particular state.

1 Answer | Asked in Business Law for Washington on
Q: I've got a notice of hearing. Do I need to take any action? If I do, What would happen if I ignore it?

I'm motel business owner.

And I fot that from a tenant who moved out 2 month ago.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2023

A Washington attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney to review the documents more thoroughly and discuss the matter, the short answer is not to ignore it. Not appearing could result in a default judgment. Good luck

1 Answer | Asked in Criminal Law, Health Care Law and Business Law for Washington on
Q: I'm looking to hire an attorney to get legal advice, but I have trouble figuring out which specialty I need.

I would like to start a business somewhat related to healthcare. I don't have any type of medical license, and I want to make sure that I won't be accused of practicing medicine without a license. I'm looking for an attorney with whom to share my plan in detail, and who could help me... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2023

A Washington attorney could advise best, but your question remains open for two weeks. Your points are valid. A health care attorney could be a starting point. A business formation attorney might also be able to offer guidance as to options available in forming a business. Good luck

1 Answer | Asked in Business Formation and Business Law for Washington on
Q: Is it legally sound to name my business KAGED BY KORTNIE when I know KAGED MUSCLE is currently trademarked?

What are the legal parameters around this?

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2023

You could repost your question and add "Trademarks" as a category. That's probably why it remained open for two weeks. Some questions go unanswered, but you could have better chances of a response with the added heading. Good luck

1 Answer | Asked in Business Law for Washington on
Q: What type of lawyer would I need in order to sue a Washington state based contractor?
John Michael Frick
John Michael Frick
answered on Jun 9, 2023

It depends on the type of goods or service the contractor is providing. For example, if it is a construction contractor, you should seek an attorney who practices in the area of construction litigation.

1 Answer | Asked in Personal Injury, Products Liability and Business Law for Washington on
Q: I got a personal hyperbaric oxygen chamber. Is it legal to rent it out from my apartment with no medical qualifications?

I have a hyperbaric oxygen chamber. I required a prescription to get it (in addition to about $10k) but it was easy to get. Hyperbaric oxygen therapy does not claim any official benefits and is done at anti-aging clinics, among other places. Can I run a business where people rent my chamber by the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A Washington attorney could advise best, but your question remains open for two weeks. The responses on this Q & A board are limited to brief general formats. This could be something for which you'd want to consider a more thorough consult with an attorney to address various issues, such... View More

2 Answers | Asked in Business Law, Consumer Law, Copyright and Internet Law for Washington on
Q: Is it legal to build software that crawls the public Reddit posts of someone and derives statistics/patterns from it?

Basic idea: while browsing online, people come across others that appeal to them in some way (insightful post, match in interests, etc). Normally, a long process of scanning through their content is then needed, to see if they match enough to be worth further effort.

My idea is to create... View More

Robert Kost
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Robert Kost
answered on Nov 1, 2021

On the face of it, there is nothing in your proposal that would infringe copyright rights or constitute an invasion of privacy. None of the refinements offered in items 1 to 3 really affect the answer substantially. You will want to look carefully at Reddit's terms of service (including... View More

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1 Answer | Asked in Business Formation, Business Law and Copyright for Washington on
Q: If I purchase nfl stickers and used them to decorate masks to sell would that be copyright infringement?

I am thinking of decorating masks with nfl stickers and then selling them on a craft website.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 20, 2021

Very likely. Consult with an attorney.

1 Answer | Asked in Business Formation and Business Law for Washington on
Q: So with these patents, it would be illegal to sell a glow-in-the-dark leash?
Robert P. Cogan
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answered on Dec 20, 2020

Determining whether a product infringes a patent is not a do-it-yourself project. It is governed by federal law and not the law of any particular state. Many times the analysis is complicated. If you have any investment at stake, it should be cost-justified to consult a patent attorney.

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