Business Legal Questions

Mergers are creatures of statute and contract between the merging companies.  The Stockholders of each company must voit to merge, setting out in an agreement the management, finances, and stockholders of the company remaining after the merger.  A filing with the Secretary of State where the coBKD LLPempany resides is required.  the european company would file something equalivant with the government agent to which it reports.  The first step is an agreement of merger to be voted on by the stockholder followed by the government filings.  if either company is publicly traded, the rules change dramaticly, as SEC filings are necessary and Justice department review and approval.  Jeff... Read Answer

Usually the reporter will contact you for a response.  Under the consumer protection act, you have the opportunity to cure the problem.  you did.  under the uniform consumer credit code you have an obligation to correct and credit card charge.  you did that.  the problem was the fault of the processer and not yours, though you are ultimatly responsible as it was your processer.  the sould be a satisfactory response for the reporter to drop the story, or at lesst give on air time to respond.  an attonrey can buffer betwen you and the reporter and be your contact.  Jeff... Read Answer

You can have employees or independent contractors who you can pay but not share profits with. You cannot engage in prohibited activities such as capping, referral fees, you know, you passed the bar including the professional ethics portion.  If in doubt, call you malpractice carrier. If you have no malpractice insurance, get some. You can also consider calling the Bar Attorney Hotline. ... Read Answer

You do not "forgeit" property your corporation owned/owns just because someone else now has the name. There are common law trademark issues, unfair competition issues, etc. about the name.  Think about your corporation not under its name but under the corporate number assigned by the Secretary of State. You should probably cntact the "new" corporaiton and see what you can work out and avoid litigation, which is very, very expensive. ... Read Answer

You'd need an EIN if you are going to be collecting and remitting sales tax for your products.  You can obtain and EIN by filing an SS-4 form with the IRS.  The form is available on the IRS website.  Depending on where you are located, your municipality may require some type of registration or licensure to operate a small business from home.... Read Answer

If you really  owe the money, and if the contract provides for them to recover reasonable legal fees incurred in enforcing it, then yes, although a court may not award them all the legal fees they seek.  If a contract requires you to  pay by a certain date, you breach the contract when you don't pay on time.  However, they may be willing to give you time to pay, without paying legal fees, if you make a new contract admitting your liability for the amount they claim and agreeing to pay over time, with interest.  You should try to negotiate some sort of compromise. ... Read Answer

In 40 years I have only seen the corporate veil pierced once in properly formed and maintained LLC or corporation. There are tax benefits available in an entity whcih are not available to a sole proprietorship. Finally, I have no idea what liability could happy by sitting in a room playing games and puzzles. ... Read Answer

If you have workers comp insurance, your company will assign an attorney to you.  If you don't have insurance, then yes you'll need to retain your own attorney.  you'll likely defend the claim from the employee as well as a claim against you by the state for failing to have insurance.  We've represented employers like you against claims.  Feel free to contact me.... Read Answer

You have the right of free speech, but not the right of false speech, so if you knowingly made a false statement of fact that damages the business (I assume that your comment was about your former employer),  you could be sued for dafamation.  You also don't have the right of free speech if you agreed to a contract limiting it, for example if you signed a non-disparagement agreement.... Read Answer

Trademarks apply to classes of goods/services, not for everything.  The touchstone is generally whether a consumer will be confused into thinking that your product or service is being offered by the trademark owner.  Thus, you couldn't operate a hamburger restaurant named "McDonalds", but you could operate an autobody shop by that name.  In your particular example, it seems like a close question to me, and you may want to consult a North Carolina attorney who deals with intellectual property issues.  He/she would be able to get deeper into the facts and give you a better idea of your status.... Read Answer

First, report this to the police.  It sounds like a crime.  Second, your chance of seeing this money is small.  Scammers know how to cover their tracks.  Who would you sue?  How would you collect?  Your best chance to collect is if you can find the scammer and have them arrested.... Read Answer

There are many different types of mergers, and the transaction could be structured to ensure that the assets of your company are not exposed in the litigation.  Alternatively you can structure the transaction so that the owners of the other business are required to indemnify the merged company for any losses from the lawsuit.... Read Answer