Arizona Business Legal Questions

Your rights under HIPAA, the federal health privacy law, have been violated under the circumstances. The issue for you is going to be how you remedy the issue and what, if anything, your damages are. Damages will be the big problem here, because it is possible that the violation is a purely technical one without giving rise to any actual harm. You will need to review the circumstances with your own attorney.... Read More

I am only licensed in California and not Arizona and the following analysis (which is not legal advice) is based on general principles of law. Using the name of another could be "unfair competition" or trademark/service mark infringement if the mark is registered with the US Patent and Trademark Office (and since trademark/service marks are based upon first use, failure to register would not be complete protection for you.) Internet search engines are a very good way of checking for conflicting names. Your state Secretary of State also will have a list of corporations and LLCs that might have the words in a name of a company. If you receive a cease and desist letter you should consult an attorney. Finally, the standard is "likelihood of confusion" so don't be "cute" and pick a name that is very, very close to an existing name.... Read More

Medical power-of-attorney forms (sometimes called "health care proxies") are routinely distributed by hospitals and some medical providers. These forms are also widely available on the web. As long as you use the correct form, you should not need to use the services of an attorney. If you use the wrong form, you will wish you had used an attorney. :)... Read More

Generally speaking, it would be extremely unusual for the individual members of an LLC to be "compelled" to appear and provide a defense. The LLC is an entity that is legally separate from you. People form LLCs for the sole purpose of insulating themselves from claims against the entity. There are, however, some theories under which the plaintiff can attempt to "pierce the corporate veil" of the LLC. Normally these theories require that the members or managers be named as defendants. However, it is also possible that, after the LLC turns out to be "judgment proof," the creditor may sue the members directly on some veil-piercing theory.... Read More

It is difficult to follow the precise nature of your claim from reading your inquiry. It sounds as if you deposited a bad check and then withdrew and spent the proceeds. The bank has exercised its right to offset the returned check against the balance in your account. You do not adequately explain why this is wrongful.... Read More

It is not clear what your relationship is to this partnership, but I assume that you are a partner whose partnership interest was reduced as a result of this unilateral action. As a general matter, such an action would be void or voidable, unless expressly permitted by the terms of the partnership agreement itself. See an attorney,... Read More

You cannot be arrested for failing to pay a payday loan. Moreover, it is a violation of state and federal law for debt collectors to threaten you with collection actions that they cannot legally take against you. You should report the details of these calls to the Federal Trade Commission and your state's attorney general. You do not need to respond to these calls and may simply hang up on the callers.... Read More

Yes.  If you can prove that the individual wronged you, then you may have a suit against the individual.  You should consider contacting a local attorney to determine if the suit would be worth pursuing. Each case is different, and needs to be examined individually.  This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.    ... Read More

It's not obvious from your posting what the nature of the "flaw" is and why you would have the right to sue over it. If you are merely a member of the general public, you would most likely not have the right to sue for a "flaw" unless you suffered monetary harm from it. It is always possible to approach a large company and offer to tell them something in exchange for money. They will generally say no.... Read More

Your question makes no sense -- you cannot "wholesale" goods to "retail buyers." Are your buyers end-users or resellers? That makes a difference with respect to in-state sales. As a general matter, you are under no duty to collect sales tax on sales shipped out of state, whether for resale or otherwise, unless you have some "nexus" with the buyer's state.... Read More