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Business Law Legal Answers

Business Law Legal Answers

What do I have to do to meet legal requirements?

Answered 17 hours ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
Entering into a raffle, i.e. buying a chance to possibly win a prize, but losing your money if your raffle isn't chosen, is gambling, and is probably illegal in your state (I am not admitted to practice in West Virginia, but I'm pretty sure nonetheless).  Sometimes states allow raffles for charity, but I would doubt they would allow it when only 20% of the proceeds are being given to charity.  You should check with the State of West Virginia, but unfortunately I don't know what specific agency there would cover it.... Read More
Entering into a raffle, i.e. buying a chance to possibly win a prize, but losing your money if your raffle isn't chosen, is gambling, and is probably... Read More

A signed signature page being used on a separate document.

Answered 14 days ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
It certainly sounds fraudulent.
It certainly sounds fraudulent.
I assume that you mean that you have registered your dba in Florida, and/or in the particular municipality in which you are located, which offers you very little protection, if any, outside of the jurisdiction in which it's registered, and not that much inside.  Since you are just starting, I assume that your dba would not qualify as a common law trademark yet.  The best protection you can get, and it is not absolute, is to register trademarks for any marks you want to protect, including your business name.  You don't need a trademark to sell your own jewelry; trademarks protect various names or symbols which are associated with your business from being misappropriated by others.  For example, McDonald's doesn't want someone using golden arches (which might techinically be considered trade dress, not trademarks, but it's the same concept) to promote a fast food restaurant; that person woudl be trading on a mark which McDonald's has spent time and money building up to represent a particular type of restaurant with particular qualities.  You may, however, need various types of licenses, depending on the jurisdiction in which you will be operating.  Finally, I don't know your particular situation, but as a general rule I'm aware of no reason why you would have to reside in the US to operate a business here. ... Read More
I assume that you mean that you have registered your dba in Florida, and/or in the particular municipality in which you are located, which offers you... Read More

What would I need to work a small dog walking business in NYC

Answered 17 days ago by attorney Michael D. Siegel   |   1 Answer   |  Legal Mostics: Business Lawyer
You do not need a license beyond a certificate of authority. You should incorporate.  Big issue is insurance.
You do not need a license beyond a certificate of authority. You should incorporate.  Big issue is insurance.
I am familiar with contracts such as this and I have dealt with Aspen Dental before.  I also represent a number of Dentists and Dental Surgeons. As with all contracts, it with start with the terms contained within the "four corners" of the page and so, as you have indicated, a review of your contract woud be the first step.   John R. LaBar Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C.   This emial is a general response to a question and is not intended to create an attorney client relationship.... Read More
I am familiar with contracts such as this and I have dealt with Aspen Dental before.  I also represent a number of Dentists and Dental... Read More
By now, I assume that if they were going to submit a public records request, they would have done this and the school district would have responded.  Probably your resume is not private.  Why not just give them proof of your degree?  What's the point of hiding it?
By now, I assume that if they were going to submit a public records request, they would have done this and the school district would have... Read More
The applicant is one person.  Ownership of the entity is on the tax return.
The applicant is one person.  Ownership of the entity is on the tax return.
Private employers are not subject to the Right to Know Law.  There would be no reason for your employer to provide anyone with your resume and job application.  Even if your employer is subject to the law, there are many exemptions from disclosure.  Your application or at least certain information on the application and your resume are probably exempt.  ... Read More
Private employers are not subject to the Right to Know Law.  There would be no reason for your employer to provide anyone with your resume and... Read More

DBA, LLC, or Sole Proprietorship

Answered a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
You can have them all under one name and one umbrella using any of these forms (d/b/a is not a form, it simply means doing business as; any type of business structure, whether it be corporate, sole proprietership. llc, etc. can use a d/b/a).  The difference is that in a sole proprietorship, the owner is personally responsible for the liabilities of the business.  In a corporation or llc, the entity alone is obligated (assuming tha the entity is operated properly and the owner has not personally guaranteed any obligation). If you have all of the businesses owned by the same person or entity, the businesses will be considered as one, and will each be responsible for each other's obligations.  Thus, if you form ABC llc to own each of the businesses, and one business has an auto accident for which it is liable, not only that business's assets but all of the businesses; assets will be used to pay that obligation. For this reason, you may wish to form a holding entity.  For example, you might have each business owned by a different llc, and a separate llc owning the other llcs.  This will cost you some money to set up, but if you have assets you want to shelter, you may want to consider this or some similar structure where the businesses are all operated by separate entities and owned by an entity, so that your personal assets are protected, and the assets of one business will not be used to pay the obligatiohons of another.... Read More
You can have them all under one name and one umbrella using any of these forms (d/b/a is not a form, it simply means doing business as; any type of... Read More

I have been sue for non-payment of a written contract debt

Answered a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
As part of the affirmative defense.  You may also be able to file a pre-answer motion to dismiss based on the statute of limitations.  Remember, the breach of contract statute of limitations runs from the date of breach, not the date of contract.  For example, if the Fl statute of limitations on breach of contract is 4 years, and you took out a loan 7 years ago  but didn't miss any payments until 3 yeatrs ago, the claim is timely.... Read More
As part of the affirmative defense.  You may also be able to file a pre-answer motion to dismiss based on the statute of limitations. ... Read More




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