New York Business Legal Questions

Probably not. You impliedly consented to the use of your likeness in the commercial at a time when you knew (or reasonably should have known) that you were an at-will employee. You could attempt to make a stink about this, but if you do, they will most likely just desist from using the commercial.... Read More

What is still not clear is what you mean by "license." If the name will be a name that you own, and you will sell shirts under that name, there is no "license" -- the term license implies that the shirts will be sold by someone other than the owner of the incorporated trademark. You don't need to take any special steps to sell products using a mark that you own. You might wish to protect the mark by registering it.... Read More

It might depend on whether or not you have a shareholders agreement and/or how you accounted for the differences in your payments. Was your large contribution a capital contribution or a loan to the corporation. Is there any writing to show how it was treated? The answers to these questions might determine how the .proceeds from the sale of the building are treated and perhaps distributed. This is not intended  to be legal advise, and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not constitute the views or opinions of LexisNexis or its affiliated companies.... Read More

The repayment of the deemed dividend would be, for tax purposes, a contribution to capital in a subsequent tax year and not a reversal of the dividend. I'm not sure how you think being retired would change the result -- generally, being retired would render the construction dividend claim a stronger one. Call my office if you wish tax advice on a professional basis.... Read More

It is easier, and cheaper, to start a business without incorporating, but not significantly so.  This probably shouldn't be a major factor in deciding whether or not you should incorporate your business.  The primary reason why most people who incorporate do so is to limit their liability.  The individual owners of a corporation, its shareholders, are generally not personally liable for the corporation's debts.  For example, if you personally operate a business and one of your employees injures someone in the course and scope of that employee's employment, you personally can be liable to the injured party.  If, however, the corporation operates the business, in most cases only the corporation is liable for any debts incurred, and only corporate assets, not a shareholder's personal assets, can be used to satisfy that obligation.  There are other advantages, such as the ease of raising capital or transferring the business (by selling stock), but the main advantage is limited liability.  The main disadvantage is double taxation - the corporation is taxed on its profits, and then the shareholders are taxed on dividends they receive from the corporation, although there are structures which can minimize these obstacles (like a subchapter s corporation).  Only you, and advisers who are familiar with all the relevant facts, can decide which structure is best for you.... Read More

In the United States, employment is on an "at will" basis. That means that your employer can terminate your employment at any time for any reason or no reason at all, even an unfounded or imagined reason. If you have wrongfully been denied unemployment benefits, you are entitled to a hearing and to an appeal. Good luck with them -- if you can prove the charges are unfounded, you have a shot at receiving those benefits. Your employer is not legally responsible for your foreclosure status.... Read More

If you plan to operate your business from a NY location, it would be better to form a NY LLC because you would have to qualify a NJ LLC to do business in NY which would require almost the same things (filing and publication ) as if you had started it as a NY  LLC. This would differ if you were going to based in NJ and sell to New Yorkers. then. I suggest a NJ LLC. 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

You should return the goods immediately. You had no right to "self help" with respect to the amounts you had advanced to your employer. You will need to find an attorney near you who can assist you with this matter. If you provide the general area in which you reside (which you did not in your inquiry), I may be able to refer you.... Read More

The answer is that it is possible that you could "face legal repercussions" for distributing this shirt, although you would need to visit with an attorney to receive more complete advice. In general, the law of trademark prohibits using certain distinctive images that are likely to cause an appreciable number of ordinary consumers to be confused regarding the origin or sponsorship of your work. You may run afoul of this principle. See an attorney.... Read More

It appears that your ex-partner will seek a receivership, constructive trust, or other form of court-ordered remedy available to one who claims an interest in a business. Unfortunately, without more information, it would appear that you will have to defend as against the case. Unless he is willing to negotiate on terms that are acceptable to you, you will have no choice but to participate. There are ways however, to avoid, the 'unilateral' action, as the law in New York does require prior notice of certain applications that are made to a judge. You should timely consult with counsel. Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer www.upperwestsidelawyer.com... Read More

That is the kind of work that I and many other lawyers perform. This is not intended to be legal advice, and is general in 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 is difficult to understand what Capital One did that was legally wrong. If you read the terms of your account agreements affecting your Visa cards, chances are that they are legally entitled to terminate the accounts at any time for any reason or no reason at all. The bank appears to have acted correctly in asking for documentation regarding an account that someone else opened using your social security number. It's hard to appreciate how a lawsuit against the bank would go anywhere. See an attorney.... Read More

If you resign, it does not seem reasonable to believe that you can still engage in financial transactions. Frankly, it sounds as if there were financial improprieties. Moreover, just because one resigns does not mean that there will be future individual responsibility. Being a director requires complying with fiduciary duties on behalf of the entity. You should consult with qualified counsel. Gerry Wendrovsky, Esq.Upper West Side Business Lawyerwww.upperwestsidelawyer.com    ... Read More

The law of copyright in the United States protects works of authorship, not business models. You are free to sell a competing newspaper. That's the American way. It can look very similar in layout to the other paper, as long as you do not copy the content. See an attorney before launching your new business. Good luck.... Read More