New Jersey Business Legal Questions

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As with all unreliable contractors, the principal remedy is to terminate their services and not use them again. You do not explain how you have suffered any legally recognized damages from the delay (or errors) or how the amount of those damages might be arrived at in any non-speculative way. Also, you do not explain the terms of your agreement with the contractor and what, if anything, his liability is to you for such delays or errors.... Read More

Under NY law, the contract to perform moving services would not have to be in writing to be enforceable.  I don't know Kansas law (which might apply) or the law of the state in which the movers are headquartered (which also might be applied) but they are likely to be the same.  Therefore, if the Court believes what you say about your agreement,  you can win.  However, you also have to consider what your damages are.  You may not be able to recover the extra $2000, depending on whether the Court considers you to have been under "economic duress" when you agreed to it.  As for having to wait an additional 2 weeks or so, this is extremely annoying, but have you had to incur any additional expenses (e.g. buying things you needed which should have been delivered already)?  With rare exceptions, it is not enough just to show that you were wronged; you have to show how you were damaged, monetarily, by the wrong, before a money judgment will be entered in your favor.... Read More

As a general matter, in the absence of some kind of agreement to the contrary, you are entitled to treat the funds received from your mother as an unconditional gift and have no duty to return them. There is no cause of action in the United States that can be asserted by the putative heirs of a living person against someone to whom she has made a lifetime gift.... Read More

As a general matter, your relationship with your depository bank is determined by the terms of the agreement you signed when you opened the account. Few depositors retain a copy of the agreement, but the bank does. You should ask for a copy. It provides for the manner in which it may give you notice of changed terms.... Read More

As a general matter, you do not need to deduct payments for U.S. taxes to a vendor who performs services for you overseas. There are a variety of difficult business issues that come about as a result of your ownership structure and that might arise in the event of a future dispute over intellectual property rights. I fear that you have not properly documented your relationship with your vendor from this standpoint. You will wish to address this issue with your own attorney.... Read More

It depends on whether they are a public defender, a partner in a private firm, an associate in a private firm, the experience and skill of the lawyer and the part of the country where they practice. It can vary widely. For future reference  this is not a general legal forum but a place for people with legal problems, not theoretical questions regarding law. Best wishes in your aspirations to become a lawyer.... Read More

Any time you set up a business of the complexity you describe you need a lawyer. For example, what if one of you ceases to work or wants to be bought out? You would need a buy-sell agreement. Do you have samples of all the forms you need and do you know all the forms legal required? Do you know how to issue membership interests in the LLC so they are valid. Who will prepare your contract(s) with the elderly? Who will know if the elderly have capacity to sign and what to do if they don't. Find a lawyer who understands your limited budget and develop a long term relationship.... Read More

You will shortly find yourself as the defendant in a lawsuit to take your domain name based on 'cybersquatting". Your disclaimer will be of no value. Your understanding of trademark is totally incorrect so far as trademarked family names is concerned. See Ford Motor Company, Gallo Wines and thousands of others.... Read More

It is very common for businesses to incorporate in Delaware, and it doesn't matter where the shareholders live.  There should be no reason you need to hire a Delaware attorney, as many New Jersey attorneys can help you.  In fact, you may feel comfortable doing it yourself.  I believe that you can get instructions for doing so, and forms, from the website for the Delaware Department of State, Division of Corporations.... Read More

It sounds as if you have been dealing with a commodities broker and have experienced losses in your account. Your right to a recovery and the manner in which your dispute must be resolved are governed by your account agreement. Your inquiry does not provide enough information to consider the ultimate question of how the "settlement" the broker is seeking should be evaluated or what you want someone to tell you. Generally, a settlement means just that -- taking less than the amount to which you are entitled in order to avoid the expense, risk and vexation of litigation. If you just insist on being paid 100 cents on the dollar, that's not a settlement.... Read More

A demand letter is a great place to start. And it can come from you, rather than an attorney. If that fails, you can contact an attorney who does collection work. You should always remember that, even though the legal system can resolve your rights, it cannot give your customer the money that it needs to pay you. In other words, you can't get blood from a stone. Be careful about extending credit.... Read More

No state has an across-the-board data retention law. As noted in response to the previous question about California, all states permit business records to be maintained indefinitely. Thus, recordkeeping requirements generally focus on the appropriate minimum retention period, which requires an inquiry into the purpose of maintaining the document and the statute of limitations for asserting claims to which the documents might provide a defense. For example, the statute of limitations on most tax claims is three years; therefore, most tax-related documents need to be retained only for three years (or enough past that to allow for any audit or claim to be learned of by the taxpayer).... Read More

As a general matter, the employer unilaterally determines the hours of employees, unless there exists an employment contract or collective bargaining agreement. Having been required to do so by the employer, an employee may refuse but risks being terminated for insubordination. The fact that long hours are difficult or unpleasant will not excuse your refusal to perform as demanded by your employer.... Read More

All of the answers to your questions depend on what kind of business you will be involved in, which you do not provide. Regardless of the kind of business you operate, if you are based in Maryland, you will be liable for Maryland taxes. You should see an attorney to discuss your proposed business model.... Read More