New York Business Legal Questions

There are a variety of ways that the requirement to maintain workers compensation insurance could have been avoided in the first place. However, from the limited facts you have posted, it is difficult to ascertain the procedural posture of this matter and whether all opportunities to raise those defenses have been exhausted. You need to review the situation and all relevant facts with an attorney. This is really not the right place to do that. You will need to engage the services of an attorney on a fee basis.... Read Answer

The terms of your written agreement with Firstdata control over anything the salesman told you. It is impossible to evaluate this claim without a review of the written contract. You will need to review the written agreement with your own attorney and discuss with him the precise circumstances surrounding the case. This is not something you can accomplish on a free ask-a-single-question web site.... Read Answer

With limited exceptions, it is lawful to use the name of a deceased person for trade purposes. The name "Gandhi" is extremely common and not uniquely referable to a single individual. You will need to discuss this topic with your own attorney, including the specific means in which you intend to use the name.... Read Answer

Just answered your question on a different law question site! Yes, you do have a fiduciary duty to your former "partner" to let them know everything and that notice should be in writing to protect yourself. Your partnership should also consider getting an "outside general counsel" for the numerous legal questions which arise in the life of every company.... Read Answer

It is entirely possible to incorporate (or contribute to an LLC) a partnership, and these changes in form occur all the time. The downside of a general partnership is that every partner has unlimited personal liability for the debts of the partnership, including liability for the misconduct of every other partner. None of the alternative entities you are considering has any minimum capital contribution, although in order to be considered to have economic substance it must have some capital. I realize that you want to do this cheaply, but the benefits of limited liability are meaningful and can only be achieved when the entity you form is truly separate from you personally.... Read Answer

As a threshold matter, you are not legally capable of entering into binding contracts relating to this business, nor can you address the other key issues on your own. When you say you are "working with" an adult, that's fine, but it's not sufficient. Since your business is apparently operating as a proprietorship, you will need to file an assumed name certificate with the County Clerk, obtain sales tax authorization from the NYS Department of Taxation and Finance, and, if necessary, obtain an Employer Identification Number from the IRS.... Read Answer

If you did not get what you bargained for, you should return whatever you ordered and get your money back. As a general matter, the private civil litigation system is a poor vehicle for redressing claims of this nature. Your credit card issuer will nearly always credit your account if you have proof of return.... Read Answer

There are generally few advantages. In most cases, the corporation -- whose principal purpose is to provide limited liability from its debts to its stockholders -- won't be able to limit that liability because the driver of the car will be required to guarantee the car loan. Business car insurance is generally more expensive than personal car insurance.... Read Answer

In the U.S., a class action only binds members of the class who have not effectively opted out. Once you opt out, it is as if the class action was never instituted and you are completely free to sue on your own. While the defendant may be collaterally estopped to deny certain facts that are deemed to have been established in the class action, your individual lawsuit proceeds as if you are starting from scratch.... Read Answer

If you have followed the procedure for opting out, you are not part of the class and can sue individually. It is not possible to answer your question about whether you may sue in the court where the class action is pending, because you do not post sufficient facts about the nature of your claims to determine whether that could would have subject-matter jurisdiction over your claims. Suffice it to say that you may sue in any court which would have both personal and subject-matter jurisdiction over your claims. It is possible that inconsistent decisions would be reached in the class action and in your individual suit. You do not post any information about the nature of your claims, the nature of the harms you have suffered or the facts that support your case, so it is impossible to venture a guess as to any possible outcomes from these limited facts.... Read Answer

It depends on what the subjects of the consultation are. If you are not sure what kind of entity to form, or whether to form one at all, that should be capable of resolution after a short telephone consultation, which we do in my office at no cost for clients whose incorporation work we are going to do. It will not surprise you that many law offices -- including mine -- are unwilling to open a file if all we are going to do is a ten minute phone call. If we can help you on a professional basis, please call us to discuss the specifics of your issue and your needs. (203) 399-1320.... Read Answer