Minnesota Business Legal Questions

The provisions of 504B relate to residential property.  They provide protection to consumers who provide security deposits to landlords.  Commercial leases are left to common law in that regard.  You may be surprised how little it costs to have these kinds of issues addressed by your lawyer.  I know that while our firm charges $150/Hr for lawyer time, most clients find a net savings on having contracts reviewed before there is a problem. I am on monthly retainer for a publicly traded Chinese company for just that purpose.  To avoid expensive legal problems before they happen.  Trust me, Chinese businesses don't give money away unless they can quantify the value.... Read More

As noted in the response to your prior framing of this question, the law of trademark favors the "senior user" of a mark. Trademark law protects marks which are unregistered. Accordingly, you need to consult with an attorney regarding your rights. Your question asks if someone can sue you. The answer to this question is always "anyone can sue anyone for anything" You should consult an attorney about your rights.... Read More

Under the law of trademark, the "senior" user has the right to exclude a "junior" user from the use of a confusingly similar mark. For example, assume you have registered the tradename or trademark FORRDE and are selling cars under that name. Your use is not authorized by Ford Motor Co. Ford has the legal right to require you to cease using a mark that is confusingly similar to their registered FORD mark. If you refuse such a demand, you may be liable for attorneys' fees, costs, infringing profits, actual and punitive damages and injunctive relief. You should seek the help of an attorney right away.... Read More

It sound like you have the case put together pretty well. Any paperwork that backs the story up would help, but it is a pretty compelling story.  Before going to Conciliation Court, I would start by making a consumer complaint against the mechanic with the Attorney General's Office.  The forms, or whatever, are on line.  They are outstanding in helping consumers. There are limits to what they can do, but they are excellent in putting pressure on wrong doers.  I am not affiliated with the AG's office, but I have seen them doing a great job for a lot of people, and I would go there first if I had a complaint (and I have been practicing law for 34 years!).... Read More

The amount of money that you earn with a business does not determine if there is a requirement for a license. The nature and location of the business determine that.  You should find a good accountant or business lawyer, or both, to help you establish your business.  Many law firms, such as ours, www.joanisleenan.com , do not charge for your initial meeting to get you going and then don't charge an arm and a leg as you get the business going.  I know the CPA firm we use is like that too.  They know that if they help us grow, we will need them for more things and that is a win-win.... Read More

If a partner is diverting business opportunities, it is a actionable. It is one thing to stop operating a business because it lacks capital to proceed, and for the former owner to then continue in the same line of business (that is what they know about, after all), with new capital, etc.  But using the old business to act as a substitute for capital for the new business is fraud, unless very carefully done.  If the old business is being formally dissolved, you have rights of an accounting that should explain what is going on.  If the workers are doing work for the new business and using equipment from the old business, you need to claim your  ownership in the new business, as it is a continuation of the old, and essentially capitalized by the old business as well.  Depending upon the timing of the divorce, there may also have been a failure to disclose.  Find a good law firm with experience in business law (and hopefully family law, as well as business closures), that will sit down with you and see if there is something that can and should be done, and determine what the cost will be.  Lots of firms, like ours, do not charge for the initial consultation, and they don't commit you to using their firm if you decide to proceed. Good luck.  ... Read More

The bank has requested a conference with you because they are looking for a way to solve their problem with your loan. It is not in anyone's interest for you to be closed and forced into bankruptcy. If you fail to meet with them, they will see that as a sign of bad faith or lack of interest and will only proceed with their remedies more quickly. You may wish to consult with an attorney who specializes in business insolvencies. ... Read More

The terms of your contract are very important to determining what the rights of the seller are. It is not possible to tell from your inquiry whether the seller retained a security interest in anything that he sold to you, or what remedies for default he contracted for. Without this information, it is not possible to provide a useful answer to your question. You will want to take your contract to an attorney and have him review it. It may be possible that an attorney can assist you in negotiating a resolution of this problem prior to the institution of litigation.... Read More