Virginia Business Legal Questions

In my opinion, yes you should become an LLC. The reasons to become a legitimate entity are many. If your business is expanding your liability is growing and there is now nothing to separate your personal assets from your business. Also, taking the time to become an LLC and consulting a business attorney will allow you to evaluate the viability of the business and its insurance needs.    Regards,   James Fairchild   NOTICE: This is a general answer based upon basic legal theories and does not create an attorney client relationship and is for information purposes only. ... Read More

If you were not convicted and did not plead guilty there is a good possibility the charge could be expunged, however it is not a sure thing, as it is with misdemeanors.  You would have to petition the court and make a case for why the expungement should be granted. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Shopping center leases often contain covenants prohibiting the landlord from leasing space in the center to similar or competing businesses.  However, absent such a provision in the lease, the landlord can rent to whomever it wants (barring zoning problems, or an illegal business like a bookie.)... Read More

I'm assuming that the owner did not sign a contract with you which specifically laid out terms which he breached , such as representing that he would hire x number of staff.  You might be able to cobble together some sort of fraud claim if you can demonstrate that the owner misrepresented facts to you on which you reasonably relied in taking the job, and that you wouldn't have taken the job otherwise.  For example, did the owner lie to you about the number of staff that would be on hand?  If so, were you reasonable in relying on that statement or should you have checked it out?  Would you have turned down the job if you had known the true facts?  If the owner didn't misrepresent any facts to you on which you relied, I don't see how he had any duty to you.  If a New York lawyer runs off with $10 million in clients funds, she will cause much distrust of lawyers, and may cause me to lose business, but I don't have a claim against her - she had no duty to me, and anyway my damages are too remote to give me a valid claim against her. Even if you could prove a fraud, you're still going to have a hard time proving damages.  It will be difficult, and expensive in terms of expert's fees, to prove, beyond mere speculation, the money you will lose because of the damage to your brand.  Also, fraud damages are generally calculated based on the money you lay out because of the fraud, not lost profits, although there are ways to get around this rule. In short, I don't think you have a great case.... Read More

An employer can put such a provision in an employment contract and your choices are either not taking the job, or signing and knowing the risk.   It's  not illegal-some employers spend a lot of money or training and don't want to lose it if the employee bolts the job short term.... Read More

Possibly, but it will be difficult to overcome the statute of limitations.  While I don't know the limitations period for fraud in VA, it certainly is not as long as 28 years.  However, in many jurisdictions, the limitations period for fraud runs not from the fraud itself, but from the time when the defrauded party discovers, or could with reasonable diligence have discovered, the fraud.  While you may have only recently discovered the fraud, the other side will almost certainly argue that you could, if you had acted with reasonable diligence, have discovered the fraud long ago, and that your claims are thus time barred.  You will have to be able to explain why it took you so long to do what you did to discover the fraud. BTW, just curious - since you did not question this guy when he said he was closing down, I assume that the business was not doing well, which implies that it had creditors.  Creditors are entitled to be paid before shareholders.  Is it possible that he didn't defraud you, but rather used the money from Western Union to pay the corporation's creditors?... Read More

Generally parents aren't responsible for the negligence of their children absent maliciousness, and quite frankly, a 2 year old is incapable of being negligent or malicious. Tell the preschool to show you where in Virginia law they find you are legally responsible. The possible fly in the ointment: if you somehow agreed to pay for damages when you signed your child up for pre-school. Check out what you signed and if no obligation  for repairs is stated, tell them to show you where you're responsible or go away.  Their insurance may cover it, but presumably there is a deductible.... Read More

Toughie. If the seller of the car can go to DMV and get a replacement title, you can perhaps turn that one in for the new one, but if they have to sign under  oath that the title is lost, and it really isn't, that's perjury.  It can't hurt to check out what they have to sign to get a new one...... Read More

Probably not, unless there is proof that you are secreting assets, or liquidating assets to leave the area. Normally a judgment is needed before assets can be levied upon and sold.  A lawyer can claim a lien on your paperwork  in his office but that's about it, unless you are hiding or moving assets to avoid a judgment lien. Pre-judgment attachments are not lightly handed out by Courts in Virginia.... Read More

You might or might not get nothing, but certainly you'd be in a better position if you had first protected your idea under copyright, trademark, or patent law, if any of them apply.  Also, you could protect yourself somewhat if you reach an agreement with the company before you reveal your idea to it that the company will keep all the information you reveal to it confidential, and will not use it for any purpose, until and unless you reach an agreement for it to buy your ideas, pay you a royalty on sales, or some other method of compensating you for your idea.... Read More

You can always be sued, by anyone, for anything.  The question is whether they can win.  The best way to cover yourself is to be completely forthright about what you are doing.  Make sure that anyone who buys the book knows exactly where their money is going, i.e. what percentage is going towards the political party and what percentage is going elsewhere.  Also, don't be too loose with the term "non profit".  Does the organization qualify as a not for profit entity under both IRS and state regulations and laws?  Has it registered as one?... Read More

While your plan is admirable, liability-wise you are out of your mind. Once the DVD is out there, you can't control who gets it and while a disclaimer might help, you can't prevent people from suing you if something goes wrong. Were I in your shoes, I would try to find a company involved in first aid that might want to partner and release the dvd in their name. Any time you are talking medical treatment, there are significant risks, more than I would feel were worth the benefit. Perhaps the Navy would be interested in making and distributing such a dvd...   God bless you for your service!  ... Read More

You are most likely out of luck. You can sue the Chinese company but I suspect that would be a waste of time.  Hopefully Nike won't sue you for unauthorized use of their logo and will be satisfied that the merchandise was removed. You won't need a lawyer unless Nike sues, or unless Nike tries to have your criminally prosecuted.     Many foreign countries do nothing in the area of trademark/tradename protection so if you do business with companies overseas, it's a risk you take.  You can always request a supplier produce proof of licensing from the company...but even that can be forged, so call the producer (Nike) to confirm it's real..   If a price seems too good to be  true on stuff like this, that's a huge flag and if a supplier can't produce proof of authorization, that's a second big red flag.... Read More