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486 legal questions have been posted about business law by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.
Business Questions & Legal Answers - Page 13
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Recent Legal Answers

I work for a company that has complaint before from a client and went to KCTV5 a new customer now has gone 2 KCTV 5 after getting free work and credit

Answered 8 years and a month ago by attorney JEFFREY L WILLIS   |   1 Answer   |  Legal Topics: Business
Usually the reporter will contact you for a response.  Under the consumer protection act, you have the opportunity to cure the problem.  you did.  under the uniform consumer credit code you have an obligation to correct and credit card charge.  you did that.  the problem was the fault of the processer and not yours, though you are ultimatly responsible as it was your processer.  the sould be a satisfactory response for the reporter to drop the story, or at lesst give on air time to respond.  an attonrey can buffer betwen you and the reporter and be your contact.  Jeff... Read More
Usually the reporter will contact you for a response.  Under the consumer protection act, you have the opportunity to cure the problem. ... Read More

Are sale commissioners responsible for company's distribution expenses?

Answered 8 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
There is no bar on a sales rep distributing as part of his agreed commission. There is no requirement that the company do so. It is called "freedom of contract". You must, however, receive a written representation agreement where compensated by commisions under Calfiornia law. 
There is no bar on a sales rep distributing as part of his agreed commission. There is no requirement that the company do so. It is called "freedom... Read More

Structuring a Business Name that is not a fictitious business name

Answered 8 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If used in conjuction with other words, you need to file a DBA. There are other benefits, such as public notice of your rights. Trademarking your goods and/or services is another option foryou to consider. 
If used in conjuction with other words, you need to file a DBA. There are other benefits, such as public notice of your rights. Trademarking your... Read More

I'm a California attorney hoping to enter into a business relationship with a non-lawyer.

Answered 8 years and a month ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You can have employees or independent contractors who you can pay but not share profits with. You cannot engage in prohibited activities such as capping, referral fees, you know, you passed the bar including the professional ethics portion.  If in doubt, call you malpractice carrier. If you have no malpractice insurance, get some. You can also consider calling the Bar Attorney Hotline. ... Read More
You can have employees or independent contractors who you can pay but not share profits with. You cannot engage in prohibited activities such as... Read More

Can I use a UPS box street address on my business license for my home-based online business? My county clerk is telling me this isn’t acceptable.

Answered 8 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If the clerk of the county says that you must use a physical address, then you must use it.
If the clerk of the county says that you must use a physical address, then you must use it.

What do I do?

Answered 8 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You do not "forgeit" property your corporation owned/owns just because someone else now has the name. There are common law trademark issues, unfair competition issues, etc. about the name.  Think about your corporation not under its name but under the corporate number assigned by the Secretary of State. You should probably cntact the "new" corporaiton and see what you can work out and avoid litigation, which is very, very expensive. ... Read More
You do not "forgeit" property your corporation owned/owns just because someone else now has the name. There are common law trademark issues, unfair... Read More

Transfer Ownership of LLC

Answered 8 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Business
Transfer the membership certificates, and amend the operating agreement.  Really simple if you have the black book notebook you probably got when you formed the LLC.
Transfer the membership certificates, and amend the operating agreement.  Really simple if you have the black book notebook you probably got... Read More

Do I need something other than an EIN in PA?

Answered 8 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You'd need an EIN if you are going to be collecting and remitting sales tax for your products.  You can obtain and EIN by filing an SS-4 form with the IRS.  The form is available on the IRS website.  Depending on where you are located, your municipality may require some type of registration or licensure to operate a small business from home.... Read More
You'd need an EIN if you are going to be collecting and remitting sales tax for your products.  You can obtain and EIN by filing an SS-4 form... Read More

Can I sue a workplace for bullying?

Answered 8 years and 2 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I would suggest that you need some psychological counselling at this time.
I would suggest that you need some psychological counselling at this time.

paying $200/mth to an ins. company that we no longer use for WC that is past due. They are sending us to collections w/ threats of legal action. ?????

Answered 8 years and 2 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
If you really  owe the money, and if the contract provides for them to recover reasonable legal fees incurred in enforcing it, then yes, although a court may not award them all the legal fees they seek.  If a contract requires you to  pay by a certain date, you breach the contract when you don't pay on time.  However, they may be willing to give you time to pay, without paying legal fees, if you make a new contract admitting your liability for the amount they claim and agreeing to pay over time, with interest.  You should try to negotiate some sort of compromise. ... Read More
If you really  owe the money, and if the contract provides for them to recover reasonable legal fees incurred in enforcing it, then yes,... Read More

In California, it it worth the added time and expense to form a Single-Member LLC rather than a sole proprietorship?

Answered 8 years and 2 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
In 40 years I have only seen the corporate veil pierced once in properly formed and maintained LLC or corporation. There are tax benefits available in an entity whcih are not available to a sole proprietorship. Finally, I have no idea what liability could happy by sitting in a room playing games and puzzles. ... Read More
In 40 years I have only seen the corporate veil pierced once in properly formed and maintained LLC or corporation. There are tax benefits available... Read More

Do we need a variance/permit to change the use of a current business

Answered 8 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I don't think your question can be answered in this q and a forum.  I'd need to know a lot more about your business and the use, the local zoning rules, the history to begin to be able to advise you on this matter.
I don't think your question can be answered in this q and a forum.  I'd need to know a lot more about your business and the use, the local... Read More

Will I be able to find an attorney that will help my business with a workers comp case?

Answered 8 years and 2 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If you have workers comp insurance, your company will assign an attorney to you.  If you don't have insurance, then yes you'll need to retain your own attorney.  you'll likely defend the claim from the employee as well as a claim against you by the state for failing to have insurance.  We've represented employers like you against claims.  Feel free to contact me.... Read More
If you have workers comp insurance, your company will assign an attorney to you.  If you don't have insurance, then yes you'll need to retain... Read More

Comment on Glassdoor.com

Answered 8 years and 2 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
You have the right of free speech, but not the right of false speech, so if you knowingly made a false statement of fact that damages the business (I assume that your comment was about your former employer),  you could be sued for dafamation.  You also don't have the right of free speech if you agreed to a contract limiting it, for example if you signed a non-disparagement agreement.... Read More
You have the right of free speech, but not the right of false speech, so if you knowingly made a false statement of fact that damages the business (I... Read More

what type of attorney do I contact to set up an LLC for me?

Answered 8 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Any "business" attorney can do so. PS you are smart to hire an attorney. The fee is modest and 99% of the corporations set up from online sources are set up and maintained defectively. The person does not realize that until a problem, like a lawsuit, occurs. 
Any "business" attorney can do so. PS you are smart to hire an attorney. The fee is modest and 99% of the corporations set up from online sources are... Read More

what are my rights on work place theft

Answered 8 years and 3 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
That sounds like a good idea but your employer might not like the idea.
That sounds like a good idea but your employer might not like the idea.

In a asset sale, do the buyer immune from contingent liabilities of the seller and thus full legal dd is not necessary?

Answered 8 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
An asset sale will cut off claims as to the assets transferred so long as you follow the "bulk transfer" procedures. I have no idea whoa a "full legal dd" means. 
An asset sale will cut off claims as to the assets transferred so long as you follow the "bulk transfer" procedures. I have no idea whoa a "full... Read More

Hello can I be held responsible for that car.

Answered 8 years and 3 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Did the company agree that it would waive any further payments if you returned the car?  If not, you are still liable for whatever your contract called for.
Did the company agree that it would waive any further payments if you returned the car?  If not, you are still liable for whatever your contract... Read More

I think of selling my electrical business been in business for 30 years

Answered 8 years and 3 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
You must have been cut off before you asked your question.
You must have been cut off before you asked your question.

Is one allowed to use a business name that is similar to a name protected by a trademark if the services they offer are different?

Answered 8 years and 3 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Trademarks apply to classes of goods/services, not for everything.  The touchstone is generally whether a consumer will be confused into thinking that your product or service is being offered by the trademark owner.  Thus, you couldn't operate a hamburger restaurant named "McDonalds", but you could operate an autobody shop by that name.  In your particular example, it seems like a close question to me, and you may want to consult a North Carolina attorney who deals with intellectual property issues.  He/she would be able to get deeper into the facts and give you a better idea of your status.... Read More
Trademarks apply to classes of goods/services, not for everything.  The touchstone is generally whether a consumer will be confused into... Read More

I am looking for help with articles of incorporation in. Waterbury

Answered 8 years and 4 months ago by attorney Hon. Max L Rosenberg   |   1 Answer   |  Legal Topics: Business
We are very experienced and handle corporate work regularly and have set up many buisnesses and drafted all of their bylaws, articles of incorporation, partnership agreements, etc. Please feel free to contact us so we may assist you. 203. 870.6700
We are very experienced and handle corporate work regularly and have set up many buisnesses and drafted all of their bylaws, articles of... Read More

I bought a small business for $15,000 in cash a couple days ago I want my money back I got scammed

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Business
First, report this to the police.  It sounds like a crime.  Second, your chance of seeing this money is small.  Scammers know how to cover their tracks.  Who would you sue?  How would you collect?  Your best chance to collect is if you can find the scammer and have them arrested.... Read More
First, report this to the police.  It sounds like a crime.  Second, your chance of seeing this money is small.  Scammers know how to... Read More

Collections, Business Law question

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Business
There is no tolling of collection activity, and unless the employer accepted the obligation for payment, you have no deal.
There is no tolling of collection activity, and unless the employer accepted the obligation for payment, you have no deal.

Would it be wise to merger with a company that has ligation in process.

Answered 8 years and 4 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
There are many different types of mergers, and the transaction could be structured to ensure that the assets of your company are not exposed in the litigation.  Alternatively you can structure the transaction so that the owners of the other business are required to indemnify the merged company for any losses from the lawsuit.... Read More
There are many different types of mergers, and the transaction could be structured to ensure that the assets of your company are not exposed in the... Read More

I've been working for a company for 3 in the same position, I don't have my GED. can they force me to get an associates degree after the fact?

Answered 8 years and 4 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Unless you have a contract which limits your employer's right to fire you, or you believe that you are being discriminated against for some reason prohibited by statute (e.g. race, religion, gender, etc.), your employer can fire you at any time and for any reason, including not having an associates degree.... Read More
Unless you have a contract which limits your employer's right to fire you, or you believe that you are being discriminated against for some reason... Read More
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