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Business Law Recent Legal Answers from Lawyers

Business Law Recent Legal Answers from Lawyers
If I understand you correctly, you lost your case and now want to try again before the same judge, but that is very unlikely.  Barring extraordinary circumstances, you can't try your case again.  You can appeal, but you would have to show some error by the Court which affected the verdict.  Thus, if, for example, the evidence was not allowed in because the trial court made a mistake, that could lead to reversal on appeal, but if it was not let in because your attorney screwed up, that is not appealable.  Your remedy would be to sue your attorney for malpractice.  This is very difficult, however, because it is difficult to prove that the attorney acted incompetently and that you would have won the case if he/she had been competent.  I know of legal malpractice cases which have been handled on a contingency, but it would have to be a very strong case.... Read More
If I understand you correctly, you lost your case and now want to try again before the same judge, but that is very unlikely.  Barring... Read More

Which format on business would be best for me, LLC or DBA?

Answered a day ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
The two are not mutually exclusive because DBA is not a form of business, it simply means "doing business as", thus the owner of the business, either you or some entity you create, such as an llc or corporation, would be "doing business as" some trade name.  Forming an LLC would offer other benefits, such as protection from personal liability, but would offer little protection for the name.  Registering the name as a dba would help some, but what would help more (although nothing can promise complete protection) is if you were able to register the name as a trademark.... Read More
The two are not mutually exclusive because DBA is not a form of business, it simply means "doing business as", thus the owner of the business, either... Read More
The answer to "can I be sued?" is always yes.  Anybody can sue anybody for anything.  Whether you would prevail depends on the likielihood of your name causing customer confusion, i.e. leading customers to think that they are dealing with the other store with the similar name, in effect trading on its goodwill.  This in turn depends on a lot of factors, including how distinctive the name (i.e. is it something like "Smith" or "bargain", or is it something like "adurabi's" or "fragilistic") and how much has the name become associated in consumer's minds with the type of business being conducted.  The fact that you sell to somewhat different markets improves your case, but not as much as if one business was a restaurant and the other an auto parts store.... Read More
The answer to "can I be sued?" is always yes.  Anybody can sue anybody for anything.  Whether you would prevail depends on the likielihood... Read More
If I were you, I would start by creating an LLC, obtaining an EIN number and opening a seperate bank account for the business.  You should also make sure you have an agent of service and if you do this only as dba, make sure you get registered with the town you are in.  My office handles all these matters for many small business owners.  Please feel free to contact us for further assistance.... Read More
If I were you, I would start by creating an LLC, obtaining an EIN number and opening a seperate bank account for the business.  You should also... Read More

Can a non notarized contract be contested?

Answered a month ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
Most contracts don't have to be in writing, let alone notarized, to be enforceable.  Of course, that doesn't mean that you can't challeng the agreement.  Non-compete agreements between employer and employee are scrutinized closely by the Courts and, depending on numerous factors (particular job, particular industry, length of restriction, geographical scope of restriction, employer's investment into developing goodwill, into training employee, etc. etc.) may not be enforced.... Read More
Most contracts don't have to be in writing, let alone notarized, to be enforceable.  Of course, that doesn't mean that you can't challeng the... Read More
If a judgement has been entered against YOU (which would mean that you are not being sued, but have already lost the suit), then your assets, including any interest in any other business, can be used to satisfy the judgment.  Thus if a judgment was entered based on your personal guaqranty, your assets can be used to satisfy that judgment, regardless of how the underlying obligation came about.  If the judgment has only been entered against the business and the business is an independent legal entity, such as a corporation or llc, then the judgment would only entitle the creditor to seek paymetn from the business entity, not you personally (except to the extent that monies may have been transferred out of the debtor business entity without fair consideration, which is a whole other topic).  If the business was not a separate legal entity, but was just a sole proprietorship, you are personally responsible for the debts of the business and, again, all of your assets (save those few that may be exempt, which varies depending on your state) can be used to satisfy that debt.... Read More
If a judgement has been entered against YOU (which would mean that you are not being sued, but have already lost the suit), then your assets,... Read More
It sounds as if you are the only owner oif each business. The manner in which you structure your businesses will affect your exposure to liability and could affect your taxes as well. More facts are needed. you should consult a business lawyer.
It sounds as if you are the only owner oif each business. The manner in which you structure your businesses will affect your exposure to liability... Read More
It is very doubtful that the park would be responsible to pay these fees as part of the attorneys' representation - even if the retainer agreement provided that the park was responsible for the attorneys' own fees in a separate action independent of the rent increase litigation, which is very unlikely, such provision is unlikely to be enforceable in Court.  Of course, this doesn't mean that the attorneys won't try to bill for them.  Also, if the accusations are unfounded, it is possible that the attorneys could recover their expenses as damages in a lawsuit they bring for wrongful prosecution or some similar tort (e.g. abuse of process). ... Read More
It is very doubtful that the park would be responsible to pay these fees as part of the attorneys' representation - even if the retainer agreement... Read More
File a small claims lawsuit.
File a small claims lawsuit.

Can you have one llc for two DBAs?

Answered 2 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
You can have more than one dba for an llc, but in your case I would not recommend it.  LLC's are separate legal entities; dba's are just trade names, not separate entities.  In other words, if you have 2 llc's and operate them correctly, they will each be independent entities and not responsible for each other's obligations.  No matter how many dba's you use, however, if they are all used by the same llc, that llc is reponsible for all of its obligations, regardless of which name was used in incurring the obligation.  It is one entity for tax purposes as well.... Read More
You can have more than one dba for an llc, but in your case I would not recommend it.  LLC's are separate legal entities; dba's are just trade... Read More

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