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I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More 
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answered on Jun 12, 2025
Hello. As long as the Board approves it, and it's not ultra vires to the purpose of the original organization, it's legal. Now, if contracts are not being handled correctly or there's fraud, that's different. Good luck.
I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More
answered on Jun 12, 2025
The situation you describe appears to be breach of fiduciary duty and misappropriation of corporate assets. You should immediately speak with the Corporation counsel as well as bring the issue to the Corporation's board.
I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More
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answered on Jun 12, 2025
Generally speaking, the situation you've described is not allowed. Here are the main issues I see:
1. Director’s Breach of Duty: Directors must act in the best interests of their company and its shareholders. Using the company's employees for another business without proper... View More
I would like to know if it is legal to sell my personally owned items fairly regularly (a couple of times a month) on online platforms such as Whatnot and eBay in Illinois without an auctioneer license. Most items are used, and I may consider expanding sales to buyers outside Illinois. I want to... View More
answered on Jun 12, 2025
The Auction License Act, 225 ILCS 407/5-1, et. seq., governs the conduct of auctioneers. Under the Act, an "Auctioneer" is defined as "a person or entity who, for another, for a fee, compensation, commission, or any other valuable consideration at auction or with the intention or... View More
What are the legal databases I can use to conduct an initial check regarding the legal history of a consultant (investor advisor + contractor)? I'm looking for databases that offer relevant information for a nominal fee.
answered on Jun 11, 2025
There are a number of databases to review a person's history that are available to the public. For example, the State of Nebraska has a website with information about obtaining a criminal background check, searching court cases, and searching for a person's driving record. All three of... View More
My father and his brother became partners in a mechanic business in Kitchener, Ontario, Canada. The business is registered solely in my father's name, and he made all the financial investments. Due to ongoing disrespect and a recent family dispute, my father wants to remove his brother from... View More
answered on Jun 10, 2025
Fisrt of all, the relevant law in Canada my differ substantially from that in the United States. This author is not licensed to practice law in Canada, but I am providing this answer based on general principals of U.S. common law.
To address your father's business dispute with his... View More
I have a signature loan for my car with cash down for a 5-year term and there are no attachments to my house in the agreement. If I default on my car loan, can Florida take my fully paid house?
answered on Jun 10, 2025
If it is your Homestead property, then the answer is NO. If ti is some other property, issues and problems are likely to arise if they get a judgment, the Florida Constitution protects Homestead property from most creditor claims, such as credit cards, car loans and numerous others.
I'm entering settlement talks with my co-op board, which I believe is corrupt. The issues involve breach of fiduciary responsibility and disgorgement. The board has used apartments for financial gain through illegal sublets and short-term rentals like Airbnb. They’ve obstructed my right to... View More
answered on Jun 7, 2025
I gather that this is an HDFC cooperative. Does HPD retain a supervising or oversight role? Generally, if a court ordered restitution to the coop from the unfaithful directors, there would be a monetary judgment against each one, as well as a referee report detailing the computation of what each... View More
As a sole shareholder of a California professional physical therapy corporation, I am considering transferring my practice into a joint revocable trust with my wife, who is not a licensed professional. I understand that under Corporations Code section 13407 and California Department of Consumer... View More
answered on Jun 6, 2025
Yes and no. In your joint revocable trust agreement, you actually need to provide for two separate trustees: one, who can be your wife, to serve as general trustee who will have all powers needed to wind up your personal affairs; and another, a special trustee who must be an active licensee, with... View More
As a sole shareholder of a California professional physical therapy corporation, I am considering transferring my practice into a joint revocable trust with my wife, who is not a licensed professional. I understand that under Corporations Code section 13407 and California Department of Consumer... View More
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answered on Jun 6, 2025
Under California law, a professional physical therapy corporation may only be owned by a trust if the licensed spouse retains exclusive control over the shares, even if a non-licensed spouse or co-trustee is involved. According to DCA Legal Opinion 79-5 (1979), a revocable living trust with a... View More
My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More
answered on Jun 6, 2025
Unfortunately, rising HOA dues are a common problem. There is very little you can do to make them go down. You can, however, negotiate a payment plan for the delinquency, but the $900 per month will need to be paid going forward in addition to the repayment plan on the delinquency. If the... View More
My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More
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answered on Jun 6, 2025
If your father is behind on HOA (Homeowners Association) fees for his condo in a 55+ community in Florida, it's very important to act quickly to avoid serious consequences. Even though the building manager has only called you informally so far, Florida law allows HOAs to file a lien against... View More
My dad owns a condo in a 55+ community in Florida where the HOA fees have increased from around $400 to $900. Due to financial hardship, he has missed four payments. The building manager recently called me, but no formal notices have been sent yet. What steps should be taken to address this... View More
answered on Jun 9, 2025
The first notice required is a Notice of Late Assessments, which provides the owner with 30 days to pay in full or the association will turn the account over to a lawyer for collections. That is the last opportunity to pay before legal fees and costs are added to the amount due. The next notice... View More
I have been married for 25 years, and my wife has asked for a divorce. We own real estate, investments, and vehicles, all in joint names. I brought certain properties into the marriage. We do not have any prenuptial or postnuptial agreements, and there are no debts associated with our properties.... View More
answered on Jun 6, 2025
Generally speaking, in the State of Tennessee, marital property is divided, but separate property is not. All of the property is identified, classified and valued. Tennessee is an “equitable distribution” state, which means that once the property is classified as marital or separate, the trial... View More
I'm building and validating a litigation funding platform aimed at personal injury lawyers, starting in California. Lawyers typically work on contingency, but would they prefer to mitigate payment risks and get paid upfront through this platform with a fee of 23% of the client's... View More
answered on Jun 5, 2025
23% of what? Upfront, as in the beginning of the case? How would you know before the case conclusion what the final settlement would be? Payment risks are mitigated by checking payment sources, such as validating insurance. Contingency fees are typically scaled to what stage of the case they are... View More
I experienced a loss of income in December 2024 and couldn't pay my mortgage. I initially applied for a loan modification and was approved. My uncle, who was helping me with my bills, passed away in September. Due to stress and depression, I missed work in January and February, and... View More
answered on Jun 3, 2025
Based on your situation, you still have several potential legal avenues to explore before foreclosure becomes final. Here's how a foreclosure defense or bankruptcy attorney may be able to help:
1. Foreclosure Defense
Even though your loan has been referred to the lender’s... View More
I am involved in a business partnership that includes a clause stating: "This document constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter herein." I need clarification on how... View More
answered on Jun 2, 2025
This is known as an Integration Clause. It is common in business agreements. It means that the signed agreement governs the agreements of the parties for the subject matter addressed in the contract. If prior contracts address different matters, then they may still be independently viable or... View More
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
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answered on May 30, 2025
The sine qua non of trademark registration is actual use in commerce that Congress may regulate. You cannot register a trademark before you have established a business that actually offers the service for which you want to register the trademark. However, you can APPLY for a trademark registration... View More
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
answered on May 30, 2025
It is important to file a trademark application in the name of the correct owner (otherwise, your trademark registration will be at risk). The correct owner is typically the individual or entity actually using the mark in commerce. Assuming your "business institution" is the entity that... View More
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
answered on May 30, 2025
Yes. You can file an intent to use trademark application. You'll be able to secure the name without having to provide a specimen for 6 months after the application is approved.
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