Arkansas Business Legal Questions

This is possible, but it's a long drawn out process where the department of labor and the US CIS has to get involved and it has to be done in a two-stage process. He would need to get permission from the department of labor that there are no qualified workers in the United States that could fill the position. Once that is obtained he could change status. He Should retain counsel to process the case from start to finish.    ... Read Answer

Buying a business can be a complicated transaction, and I would certainly think that you would want an attorney to help you negotiate and draft the necessary contract or contracts, and to help you do your due diligence.  Is this an asset sale or a stock sale and do you know the tax and legal implications of both?  Is any intellectual property changing  hands (trademarks, copyrights, trade secrets, etc.) and are these assets protected?  Are there going to be any limitations on the sellers' rights to compete with the buyer post-sale?  What obligations, including contingent obligations, does the business have and could it remain obligated after the sale?  Is there going to be an insurance requirement in case the buyer dies before the purchase price is paid off?  Are there any key employees of the business, and if so are they going to stay with the business?  Will there be ay restrictions on their right to compete with the business if they leave its employ?  Without knowing anything about this transaction, these are a few issues which pop to mind with which a lawyer can help.... Read Answer

If I understand you correctly, you want your mother to give you some land, and you then want to take out a loan secured by that land.  The first part is easy - your mother would simply give you the property whe wants by signing a deed to that property over to you, and you would file it with the local county clerk.  If you don't want to hire a lawyer to handle that transaction, you can probably get a simple deed form online.  Before doing that, however, you have to read your mother's mortgage and loan documents carefully, to make sure that transferrign part of the property will not violate those agreements. Assuming that the transfer doesn't violate the mortgage loan agreements, or that if it does the bank will waive that right, you will still have difficulty getting a loan because of your mother's mortgage.  Normally, when a person sells real property, the mortgage on that properly would either be paid off at closing or assigned to the buyer with the bank's consent.  Here, the mortgage is not going to be satisfied or assigned.  That means first that you will take your portion of the properly subject to the mortgage - it will still be securing your mother's loan.  This will make it difficult for you to get a loan since that first mortgage will take priority over any subsequent lienor.  In other words, if your mother still owes $50,000 on her mortgage, anybody who is going to loan you money secured by the property your mother gives you is going to want to make sure that the property is worth enough to cover everything left on your mother's mortgage plus whatever it lends you, and then some extra to be safe.  In other words, if the land your mother gives you is worth $100,000 in today's market, and there is still $50,000 left on your mother's mortgage, you may not be able to get a loan secured by the property, or may only be able to get a loan for a small amount of its value, because it is still burdened by your mother's mortgage. The bank (or whoever holds the mortgage) may be willing to help you with these problems, but you would probably have to give it something.  For example, the bank may say that it will allow your mother to transfer part of the property to you, but only if you take out your loan from it, at terms which might not be as favorable as you would get from another lender.   ... Read Answer

Specific industries generally have specific formulae which are applied by experts to value their business.  For example, businesses in many industries are valued as a multiple of gross sales.  A stationery business might be valued at 5x gross sales, a grocery at 3x gross sales, etc.  Other businesses might use other formulae.  You should find an accountant who is knowledgeable about the industry to provide you with a value.  If there is a trade association in your industry, it should be able to help you find an expert valuator who can do the appraisal dheaply.... Read Answer

Courts can reform a contract, but do so extremely rarely.  The main grounds for reformation are mutual mistake (where ALL parties to the contract are mistaken about a material fact underlying the agreement) or fraud (where one party lies to another about a material fact, and the other reasonably relies upon that misrepresentation in entering into the contract).  Neither seems to apply to your situation.  I don't know what you mean about being a member of the chain of title, but if someone agreed to something on your behalf, without your permission, and didn't have your authority to do so, you may be able to get the contract rescinded, but it is  unlikely that you will be able to get it reformed.... Read Answer

It does not sound as if you had any legally protected expectation of privacy when you made your complaint (a business is not generally under any obligation to honor a request for confidential treatment). Moreover, it does not sound as if you have suffered any legally recognized harm for which damages can be recovered.... Read Answer

Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=securites%20fraud%20law%20little%20rock 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 Answer

These kinds of matters are extremely difficult to correct and be very expensive to fix. Because BB correctly reported what its records showed as the amounts owed by you, they may not have any liability under the Fair Credit Reporting Act. It may therefore be necessary for you to sue BB to obtain a declaratory judgment that you do not owe them anything, and then provide a copy of the court judgment to the credit bureaus. If BB will not resolve this with you voluntarily, litigation may be your only resort.... Read Answer

You don't provide any background information regarding whether this is public-sector or private employment, or whether there is a collective bargaining agreement or employment contract. In the absence of an agreement to the contrary, employment in the United States is on an "at will" basis. That means that the employer may terminate or unilaterally modify the employment relationship at any time for any reason.... Read Answer

As a general matter, under the National Labor Relations Act, a union member can be fined by the union for working during a valid strike. This result is the same whether the employee in question was an avid union supporter or a grudging member. The fines can be avoided by resigning from the union prior to crossing the picket line.... Read Answer

Many employee non-competition agreements are overly broad and unenforceable. It is impossible to know from your inquiry whether this might be the case with you. Many factors enter into this determination, including the nature of your job (which you do not state), the uniqueness of your services (which  you do not provide), the nature of any confidential information developed by your employer which you know (which you do not set forth) and, most importantly, the precise terms of the agreement itself (which, likewise, you do not provide). You should take the agreement to an attorney and have him review it.... Read Answer

The correct term is "quitclaim," not "quick claim." The purpose of having you execute such a deed is to relinquish whatever rights you may have in the property. If there was no named joint owner of the property with your father, upon his death ownership of the property passes as provided under his will, or, if there is no will, to his heirs at law. You are one of his heirs. Apparently your mother's attorney has decided that you have acquired, or may have, some interest in the property under the laws of intestacy and she wishes you to relinquish your interest to her.... Read Answer

The answer is "it depends." In some cases, income from working for more than a certain number of hours per week is excluded from the computation of child support. You'll need to provide additional facts, including what state's laws apply to the computation and how many hours your work at the full-time job.... Read Answer

I think the problem is even worse for you than you apparently think. In the absence of some kind of notice to the church that the vase was yours and that it needed to be cared for, the church arguably owed you no duty of care. Indeed, since the vase was not removed on a timely basis following the expiration of the rental, the church may have been privileged to asssume that it was abandoned. Move on.... Read Answer