http://www.expertlaw.com/forums/ Legal issues relating to starting, owning, and operating a business. en Sun, 19 May 2013 01:52:21 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158347&goto=newpost Sun, 12 May 2013 21:58:31 GMT My question involves business law in the state of: California 8 months ago, my business, which is basically manufacturing, joined forces with... My question involves business law in the state of: California

8 months ago, my business, which is basically manufacturing, joined forces with another company. This company helps people learn trades and provides them jobs. I now work under their business license as a job coach teaching their employees a trade, while fulfilling services to the community, bringing in profits.

In our original meeting, attended by several people of this organization, the agreement was that I would be made a "job coach", receiving hourly wages as such, and receive a % of the profits from our services that are sold. This company said, and it's documented in our contract, which is relatively vague, simple, that "they would supply the building, the work force, and the utilities". I in turn would move all my equipment into their building and perform duties as a job coach, training people, while fulfilling manufacturing services to our community.

With each passing month I kept not seeing any % of profits pay. I kept asking, and finally about the 4th month they simply said we had not made any profits yet and were in the negative. While according to my records, there were/are profits. I then showed them all my records of sales and asked to see where these profits were being spent. It took another 3 months to finally receive a breakdown of the expenses. This company, when they said, and documented, they would "supply the building, the work force, and the utilites" failed to tell me that before I ever turned on a light switch or asked for supplies of any sorts, were charging this portion of the business $3500 a month in what they call "allocations". Then on top of that comes the supplies, utilities, advertising, electrical wiring their building for 220 to support my equipment, etc.. Which brings the monthly average to $5500, according to their report to me.

I got into a bit of a verbal confrontation when finding this out, with the CFO, and told him that they should have advised me that the business would be paying $3500 to them right off the top without even flipping a light switch, rather than not mentioning it to me in person or in the contract. I would have never entered into the partnership because I would have known I couldn't last long enough financially on what they pay me hourly to ever see the profits, and before building the business to that potential.

We are now in our 8th month, the business is exploding to where I can barely keep up, yet I've received no payment from profits. I'm now deep in debt, credit has gone to crap, behind on my house payment, and don't know where to go from here. I feel partly to blame for not being more specific about the contract and what exactly "we'll supply the building, work force, and utilities" really meant, or what it meant to them actually. They acted like, "well we have the space in our existing building and already have a large work force and can just shift a couple of them over to this new department".

It's a real disappointment because we are capable of being a staple in the community, and growing extremely quick.

So I asked if they could atleast give me an advance on future profits so I could get caught up on some bills. They told me to go get a personal loan, lol. I, of course, am beside myself now. I don't even have the credit to get a loan anymore.

Any advice on what I should, shouldn't, could, can't do?

I really really look forward to any advice anyone can lend. Thanks so much, ]]> Business Law titanj http://www.expertlaw.com/forums/showthread.php?t=158347 http://www.expertlaw.com/forums/showthread.php?t=158341&goto=newpost Sun, 12 May 2013 17:41:31 GMT My question involves business law in the state of: California My LLC partnership sued 2 partners and won based on breach of contract, fiduciary... My question involves business law in the state of: California

My LLC partnership sued 2 partners and won based on breach of contract, fiduciary duty, conversion of funds. COO stole all money and gave to himself and other partner, his best friend. Now here are the questions.

They both had put 20% of the capital into the company. Upon getting the money from them are they entitled to their respective membership interest for a complete liquidation?

Also, we won pre-judgement interest., If they do get their respective membership interest and therefor access to the money they are basically returning....my theory is they should NOT have access to the interest portion of the funds upon liquidation.

Thanks for opinions ]]> Business Law grouperyum http://www.expertlaw.com/forums/showthread.php?t=158341 http://www.expertlaw.com/forums/showthread.php?t=158279&goto=newpost Sat, 11 May 2013 02:17:37 GMT My question involves business law in the state of: Massachusetts

Hey guys.

I've developed a skill for Internet marketing over the years and am good at generating leads through marketing websites and media buys.

One thing that I've been thinking about is really profiting from this as best I can.

One thing that always interested me was selling real estate leads; that is people who want to buy or sell their home.

I'm confident that I could generate high quality leads from people who want to buy or sell, my question is: what's the best way to profit from that legally without a real estate license?

Is it legal (or illegal) to sell these leads or refer them to a real estate agent (who would then work with the lead and close) for a % of the sale?

I live in MA which is known for strict laws, but I would appreciate anyone who knows better than I do.

Thanks!

PS: What about the same model for different businesses? Is that illegal?

PPS: Sorry for legal newb question. I'm good with computers. Not law.

:) ]]> Business Law StormBlue http://www.expertlaw.com/forums/showthread.php?t=158279 http://www.expertlaw.com/forums/showthread.php?t=158275&goto=newpost Fri, 10 May 2013 23:54:27 GMT My question involves business law in the state of: Colorado I am an anesthesia contractor who was providing services for several surgeons within a... My question involves business law in the state of: Colorado

I am an anesthesia contractor who was providing services for several surgeons within a facility that operates as an LLC, owned by two surgeons that I at one time also provided anesthesia for. I had a written agreement between the two owners/and their facility stating that if changes were made they needed to give me 30 days notice. They gave me 4 days when I was booted so they could let their buddy take over the anesthesia services.

Anyhow I am just taking them to small claims as it is far too expensive to sue them with an attorney for 30 days of wages. That being said do I sue them individually or do I sue the business/LLC? I filed for court already and listed each of them personally as defendants but did not notate the company. What should I do? ]]> Business Law gaspasser http://www.expertlaw.com/forums/showthread.php?t=158275 http://www.expertlaw.com/forums/showthread.php?t=158238&goto=newpost Thu, 09 May 2013 23:42:33 GMT My question involves business law in the state of: Nevada. I am eighteen years old and looking to enter the business of eCommerce (in this case... My question involves business law in the state of: Nevada.

I am eighteen years old and looking to enter the business of eCommerce (in this case the sale of virtual goods). I have been legally cleared by the game's developer (and owner) to sell items within the game in exchange for currency. I intend to complete the majority of transaction through PayPal. Similar operations like the one I am about to embark on fetch anywhere from $80,000 annually to over $1,000,000.

What process do I need to go through to make sure I am doing everything by the book? I have absolutely no knowledge of business law, taxes, etc. ]]> Business Law TylerW http://www.expertlaw.com/forums/showthread.php?t=158238 http://www.expertlaw.com/forums/showthread.php?t=158235&goto=newpost Thu, 09 May 2013 22:33:34 GMT My question involves business law in the state of: Florida, Detroit Hi have a question I am software developer, i have been working remotely for a... My question involves business law in the state of: Florida, Detroit

Hi have a question I am software developer, i have been working remotely for a person for 5 years it is contract position, we agree to terms which were $5000 bonus, residual income (told to wait for later he has to figure it out), live trading of my account, now 1 1/2 ago he told me i need to take lie detector test after i finished major part of the application i was working on during that period we were arguing alot then he is very suspicious person think everyone steals, I worked remotely for 5 yrs so knowing him i though maybe that would be the only question in the test test so i said i have no problem because we were arguing about stealing, now 3 weeks after everything is done, he says if i fail i loose $5,000 bonus and residual income and the $2400 he currently owes me also. can he do that? Gets u to agree to something, give u partial and or no detail then when he feels like time is right say oh yeah by the way this happen when u do that, or this, and or this goes with that agree. So I create a Lie Detector Test Agreement, can i do that by law? He always since the beginning get me to agree to something without telling me full details until later. This is bullshit! Now he fights with me, tells me i agreed to do it and that i am liar to everyone else. When he didn't tell me full terms of agreement. ]]> Business Law lew26 http://www.expertlaw.com/forums/showthread.php?t=158235 http://www.expertlaw.com/forums/showthread.php?t=158219&goto=newpost Thu, 09 May 2013 17:16:05 GMT My question involves business law in the state of: Florida

I've been looking into forming an LLC (or two) in Wyoming off and on for a couple of months. I've recently acquired a domain name, personally built Android and iOS based applications, and filed a utility patent (via the use of a patent attorney) that covers the software aspects of said applications. The business will only have an internet/app store presence.

The only issue I'm concerned about is privacy - specifically separating my name from the business and its assets. This is a concern for me because the domain name and mobile applications directly relate to marijuana and the greater marijuana culture. I would like to avoid any awkward questions from future employers or medical schools (in the middle of the application process). And it would be even better if the drug cartels, wannabe gang members, and stoners with too much time on their hands didn't know my name or where I lived.

Is the following scenario possible?

With the use of Registered Agents, I'd create two LLCs - ParentName, LLC and MJBusiness, LLC. I'd set it up so that ParentName is the full owner of MJBusiness and I'd use MJBusiness everywhere on my website, mobile applications, in advertising/promotions, and when registering with Apple and Google to sale my applications. As the owner of ParentName (which will own MJBusiness in Wyoming), I know I'll have to file foreign entity paperwork in Florida - this doesn't bother me as I'm not looking to avoid taxes.

My big question is: Would I also have to file foreign entity paperwork for MJBusiness as well? If so, that would defeat the purpose of privacy.

I do intend on contacting a business attorney in Wyoming once I have a better picture of what I can and can't do.

Thank you for your time,
Jason ]]> Business Law 7rashcan http://www.expertlaw.com/forums/showthread.php?t=158219 http://www.expertlaw.com/forums/showthread.php?t=158182&goto=newpost Wed, 08 May 2013 14:47:47 GMT :confused:My question involves business law in the state of: Texas Started a 1 yr janitorial contract 1/28/13-1/31/14. Have had no significant... :confused:My question involves business law in the state of: Texas

Started a 1 yr janitorial contract 1/28/13-1/31/14. Have had no significant complaints. All positive verbal feedback. Received certified letter stating they want to terminate 6/1/13.
my simple contract states: terms good for 1 yr unless otherwise noted by both parties via renewal, extension or cancellation and then afterwards either party can terminate
with 30 day notice.
Just wondering, because of simplicity of my contract if I have screwed myself? I was asked to take our the part about The “fee” to opt-out early is either three months of the monthly fee or payment for the remainder of the contract, whichever is less. I did it because I really wanted the contract for a year!! ]]> Business Law CreekSweetie http://www.expertlaw.com/forums/showthread.php?t=158182 http://www.expertlaw.com/forums/showthread.php?t=158039&goto=newpost Sat, 04 May 2013 20:13:37 GMT I am working on possibly starting a business and one of the burning questions is the legality of awarding cash prizes to winners of skill-based video... I am working on possibly starting a business and one of the burning questions is the legality of awarding cash prizes to winners of skill-based video game tournaments offline, in a lounge-style setting. Things like Call of Duty, Madden, FIFA Soccer, Street Fighter etc.

In example, 32 people enter into a Madden Tournament at $12 a person ($10 to prize pool, $2 for operating costs).
Champion claims $150
2nd Place claims $100
3rd Place claims $50
4th Place claims $20

I can't see it being any different than any other contest people pay to enter into. If cash prizes aren't legal, would Gamestop gift cards or Visa-prepaid cards work?

Thank you,

Brent Smith

My question involves business law in the state of: California, possibly Oregon or Nevada if the laws are more favorable. ]]> Business Law Xanreal http://www.expertlaw.com/forums/showthread.php?t=158039 http://www.expertlaw.com/forums/showthread.php?t=157857&goto=newpost Mon, 29 Apr 2013 15:52:27 GMT My question involves business law in the state of: All

Hello,

I'm trying to sort out if employing out of state constitutes a business nexus/doing business in a state if the employee isn't deriving any income for the company from the state in which they reside, but rather works remotely on projects in states where the company is registered. Does simply paying someone (no branch offices) require us to register in the state with their SoS?

I realize this may be a state-specific question, but I'm looking for a general answer before going through individual state statutes. I recently applied for withholding in a state where we were not registered with the SoS and it said the application completed successfully even though I was never queried for the state SoS number. I'm beginning to think that we might not have to keep up on our business registration/annual reports in states where there is just a person working on business matters extraneous to the state.

Thanks in advance for any help! ]]> Business Law johnvf5 http://www.expertlaw.com/forums/showthread.php?t=157857 http://www.expertlaw.com/forums/showthread.php?t=157837&goto=newpost Mon, 29 Apr 2013 01:50:32 GMT My question involves business law in the state of: South Carolina. Here is my back story. I took an estimating job with a small flooring company... My question involves business law in the state of: South Carolina.

Here is my back story. I took an estimating job with a small flooring company (4 office employees) in 2011 after graduating college. In July of 2012 I was promoted to operations manager and hired a new estimator close to my age. Over the previous months working conditions have deteriorated to the point of extreme stress and unhappiness for both of us. Also, it has come to our attention that, amongst other issues, the company has been operating for the past 20+ years without proper licensing. As a result we have been discussing starting our own flooring business in the same market. Neither of us has signed any type of non-compete agreement. We would be tapping the same customer base, mostly general contractors, and would obviously be using the same vendors which we could obtain our own information on through use of the Internet. The only trade secrets we would be taking from the company would be related to pricing and profit margins which are memorized.

My question is, what legal action could our employer potentially pursue against us for starting a competing company. If we both left at the same time it would leave the company with two underperforming sales people, one of which used to be operations manager before I replaced her. Any advice on this would be much appreciated. ]]> Business Law Floorman http://www.expertlaw.com/forums/showthread.php?t=157837 http://www.expertlaw.com/forums/showthread.php?t=157831&goto=newpost Sun, 28 Apr 2013 22:56:12 GMT My question involves labor and employment law for the state of: Pennsylvania. When I was 16 or 17 I was at a party drinking, and ended up... My question involves labor and employment law for the state of: Pennsylvania.

When I was 16 or 17 I was at a party drinking, and ended up bullshitting with some kids I knew were up to no good. I ended up leaving with them and was given a stolen hand gun from one of them. I thought having a gun was cool and even though I never intended on using it for anything, when it was brought to my attention that they had stolen it, I contacted the owners (the parents of the girl who was throwing the party) and told them how I came to be in possession of the gun. I cooperated with the police and even though I understand it was my stupidity, I was hoping they would take my willingness to cooperate and return the gun without incident into consideration. I wouldn't have taken it from the kid if I knew it was stolen, from a girls parents whom I was friends with nonetheless. Well, I was charged with stealing the gun myself and that came with felony charges. My parents hired a good lawyer and all I can remember is that they said my record would be expunged. The lawyer told me that if anyone ever asked me on an application if I was ever convicted of a felony to check no. I have been doing that since and I have never had any trouble with job applications.

I am now in my mid 20s and havent been in any kind of trouble since. I was recently offered a job as a restaurant general manager. With that title, I have to apply to for a liquor permit in my name. The owner of the restaurant sent me paperwork to fill out and on it the application asks for ANY convictions or to check No if no such convictions exist. I dont want to withhold information that might show up anyway because its a state application, but I also dont want to check yes if I dont have to. I was told to keep the conviction to myself and not bring it up, just go on as if it never happened. I dont want to be in trouble for, #1 lying on a state application and #2 have my employer either find out about it or get denied the license because of me.

I have tried to research this but there are different laws for different states. Does anyone know if I should just check no? I obviously am a little worried about it since there is nothing I can find that gives me a straight forward answer for Pennsylvania.

Thanks to anyone who can help! ]]> Business Law cmichael32x http://www.expertlaw.com/forums/showthread.php?t=157831 http://www.expertlaw.com/forums/showthread.php?t=157708&goto=newpost Thu, 25 Apr 2013 00:28:35 GMT What are the requirements to form this in California? Do you have to file with the state? What are the requirements to form this in California? Do you have to file with the state? ]]> Business Law Piper Dog http://www.expertlaw.com/forums/showthread.php?t=157708 http://www.expertlaw.com/forums/showthread.php?t=157472&goto=newpost Fri, 19 Apr 2013 04:13:16 GMT My question involves business law in the state of: Colorado Thank you in advance for any input you might be able to offer. Short question:... My question involves business law in the state of: Colorado

Thank you in advance for any input you might be able to offer.

Short question:
This may require additional information to answer, but in general, if an LLC, composed of 2 individuals, files bankruptcy, are the 2 members personally responsible financially for the default on a real estate mortgage?

Longer question... For anyone interested in a little more info:
A business partner and myself, under the advice of a CPA and an attorney, formed two entities: an LLC to purchase a property, and a Corporation to conduct business out of the property. The LLC strictly owns and leases the property to the only tenant, the corporation. Unfortunately, the business is losing money, and may need to close the doors. If this should happen, the rent will no longer be paid, which is the only way the LLC can afford to pay the mortgage on the property. If the business folds, then we will need to default on the mortgage and let the bank take it back... The location is experiencing a major recession, and there will be no other businesses willing to lease the property. Would the maintenance of the LLC protect us from the bank coming back to us personally for any money owed?

Thanks again in advance. ]]> Business Law DocBob http://www.expertlaw.com/forums/showthread.php?t=157472