Business Litigation Legal Questions

You can sue the company for breach of contract.  Since the claim arises out of services the company contracted for to be performed in Oregon, the Oregon courts should be able to exercise jurisdiction over it.  However, you probably can't sue in small claims because (a) the limits of most small claims courts are less than $10,000; and (b) many small claims courts are not empowerted to hear claims involving out of state residents.... Read More

Tennessee does not have the crime of embezzlement. We have theft. It is probably not theft because as partners they are also owners of the money. Theft is defined as "A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent." If you have a written agreement that prohibits them from doing what they did, then it might be theft.... Read More

When you enter into an agreement, you are charged with knowing the terms to that agreement. The renewal clause is there for both your convenience and that of the landlord. The landlord does not want the property to be empty if you leave. If you did not abide by the agreement in extending the term, the landlord had reason to think you did not want to continue, and sought another lessee for the space. Under the facts that you describe, you do not have a winning claim.   If the landlord has already found someone, you are probably out of luck. If the landlord hasn't found someone, approach the landlord in a friendly manner. Explain that you like the space, want to continue, and will be more careful in respecting the terms of the Agreement. It may not work, but taking responsibility for your mistakes is more likely to be a successful strategy than seeking legal relief from a court that you won't get. ... Read More

 This is a common dispute among the partners shareholders an LLC members     You need any lawyer who is practicing care areas include search disputes. Usually there is  he means to negotiate a resolution starting with the partnership agreement in pursuing remedies under the contractual agreement as well as Florida statutes dressing partnerships  Minority partner disputes and issues of mismanagement as well as fraud and deceptive conduct By a managing partner or shareholder are all too Common.   A full and complete investigation of the companies books and records will be necessary as well as reviewing the partnership agreement with an attorney and in conjunction with Cancel CPA analysis  In the situations you should immediately take action and lawyers such as myself and others may either charge you by the hour or after assessing the situation discuss  A contingency fee arrangement.  Abusive fraudulent and oppressive calendar as well as mismanagement by the managing member or managing partner requires a thorough analysis of the fax with the assistance of a lawyer  and again starting with requesting all of the books and records come up with dental damages in course of action for restructuring replacing or a buyer or break up     ... Read More

Well you will need to obtain all the books and records and have them assessed by an attorney and a CPA most likely and determine what has gone on.   Without more facts about any mismanagment or other alleged wrongful acts, and without reviewing the records, it is hard to know what really is at issue.  As to building a case, do your due diligence either on your own or with the aide of an attorney.  If its your business and money, then I recommend you invest in hiring an attorney, get all the records, and also consult with the company CPA or an independnent one.  ... Read More

I'm not sure what you meant about "ask[ing] for the contract." Do you have a written contract in your possession? You should have gotten their signature on it back when you reached the agreement. Also, "50% of the profit" is a difficult figure. About 30 years ago, the columnist Art Buckwald reached an agreement for 10% of the profits of the movie "Coming to America," which was a box office smash. However, according to the studio, it didn't make any money, because the studio assigned much of its overhead to that one movie. If the company is truly NOT making money, then the company has a valid defense that there are no profits. A lawyer is going to be reluctant to take this case. Besides the weaknesses above, it would be almost impossible to take this case to trial for less than $14,000, and unless there is a prevailing party attorneys' fee clause in the contract, a lawyer could easily charge more than this case is worth to you. You might want to consider filing suit in small claims court (where there are no lawyers allowed), for the maximum of $10,000, rather than getting into a case in which the other side could hire an attorney.... Read More

The copyright on the song does not cover its title.  I suggest, however, that you find a trademark lawyer to run a trademark search on this title to see if the owner of the song or someone else is using or has registered as a trademark the combination of words in this phrase.  Even if you are able to register a non-profit with this name with the state authority, that does not mean you are free to use that name publicly if another party has prior trademark rights in the same or a similar name for the same or similar services.... Read More

If you hired a lawyer, it would probably cost you more than that in fees, as I doubt that you could find an attorney who would agree to handle that small a matter on a contingency.  However, you can represent yourself.  Also, it is possible that, as some states do, Georgia has a statute which provides for the recovery of additional damages and/or reasonable attorneys' fees where wages are withheld (although the fees would have to be commensurate with the claim).... Read More

I'm sorry to hear about your partner's passing. You had to have ben close to him if you had worked with him for any length of time. His interest in the store passed to his heirs, and I assume that means his children. I hope that you and your partner had a partnership agreement of entity governing the relationship and what happens if one of you passed, and that should be consulted first. If there is no such agreement, then the parntership ended with his passing, and provisions need to be made as to the disposal of the assets.  You need to meet with a business lawyer in your area as soon as you can to go over all this. There are too many small details that need to be discussed. If they are discussing the end of June, you have only a few days to start this process. It is best you do so right away.... Read More

The bank will contend that it is not at fault here: it did not give online access to the employee, who was able to access your personal accounts, and then siphon money out. It will contend that there is a duty on your part to control that access better. The bank isn't the wrongdoer here; the employee is. If you haven't already, make a police report describing the embezzlement. This is a crime that most police departments can understand and investigate. ... Read More

That depends on the agreement you enter into with the SBA and the lending bank.  First, since you own 40% of a company, I assume that it is an independent legal entity, most likely a corporation or llc.  If so, you would not in the normal course be personally responsible for any part of its obligations. However, I'm sure that the SBA and lending bank will want personal guarantees from the company's owners.  The extent of your obligation willd epend on the provisions of the guarantees, but most likely you and the other owners will be jointly and severally responsible for the entire loan.  This means that, as between you and the other owners, you would each only be responsible for your pro rata ahsare of the loan, but if for some reason one or more of the owners are unable to meet their obligations, the other owners will have to make up the shortfall.  You could sue the nonpaying owner for reimbursement, but as between you and the SBA and bank,  you would have to pay, and if the other owner had no money with which to reimburse you, you would be stuck.... Read More

I am sorry but not reading a contract is not a way to avoid liability. The salesperson is not an under an obligation to read you the contract or to make sure that you understand it. That is your responsibility. If you could not read it, then you should not have signed it. If you could not read it, then you could have asked to take it home to your daughter to have her read it to you. ... Read More

You are correct that filing an amended complaint voids the demurrer hearing. However, if you are intending to resolve the case, there's no need to file anything new before the resolution. Focus on those negotiations, and if they don't work out, then file the amended complaint and get started.... Read More

I don't practice in Ohio, so maybe the procedure is different there, but in the various jurisdictions in which I practice you don't make a motion for a subpoena.  You simply serve the subpoena.  If the party served refuses to comply, you would then make a motion to have the court enforce the subpoena.  You might need to make a motion if you need to have a subpoena issued out of the state in which your action is pending, but it is very unlikely that a small claims court would have the power to do that.... Read More