Questions tagged [business]

For questions relating to commercial activity

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17
votes
4answers
4k views

Can someone more wealthy than me bury me in legal fees?

USA Federal Law - I have a company worth about $6m. I got on the bad side of a person with a company worth well over $750m (with attorneys on staff). The CEO threatened to bury me in an endless sea ...
16
votes
2answers
1k views

Can I name a real company after a fictional company found in a book?

Can I name my company after a fictional company (of the same type) found in a book?
13
votes
3answers
6k views

Can a business put a specific cancel-by date into a contract?

I attended a gym in Michigan and canceled my membership on 8/28/19. I paid month to month and was under no long term contract. Even though I moved and haven't visited the gym since 8/17/19, I'm being ...
11
votes
1answer
8k views

Does the app TikTok violate trademark?

TikTok, previously known as Musical.ly, is a for-profit app that runs on IOS and Android which allows it's users to upload short videos at includes a backtrack. The app was launched in 2017. Kesha ...
10
votes
2answers
5k views

Why is PayPal blocking my account according to U.S. tax law, if I've a UK account only?

I've opened PayPal account for my business and in My Profile I've clearly selected the UK address. My phone is UK, my bank accounts are UK and the balance is shown in GBP. So this is very clear to ...
10
votes
1answer
1k views

Are businesses in Wisconsin required to accept waste oil?

This morning I stopped by a Jiffy Lube with a couple gallons of waste oil, as I had just changed the oil in my car over the weekend and I had dropped this sort of thing off at this location in years ...
8
votes
2answers
188 views

Is UPS allowed to take my money and business without intention to fulfill its side of the transaction?

I went to my local UPS store to send a package to a place in North Carolina that buys dishes, crystal, and flatware. I handed the UPS store the address and the clerk printed out the ticket because of ...
8
votes
2answers
8k views

What are the implications of reselling food?

What are the implications of reselling food? Is it legal? What would happen, for example, if in the US I buy Little Caesar's pizzas (with no delivery service) and sell them on another place? What are ...
7
votes
3answers
3k views

“This provision survives the termination of this Agreement.”

In a business contract, does the following statement : "This provision survives the termination of this Agreement." Means that the provision survives for a unlimited amount of time? Is there a ...
7
votes
1answer
2k views

Can non-US citizens own equity in US companies?

Can a non-US citizen who has never been to the US own equity in a company that is only incorporated in the US?
7
votes
1answer
253 views

Trade restrictions on open source software

Apparently the US has put Huawei on a trade blacklist that prevents US companies to trade with Huawei. With hardware and proprietary software it is straightforward how this can be executed (don't make ...
7
votes
2answers
292 views

Can a company handle paying taxes and other bureaucracy work for a freelancer

Pardon my terminology. I'm very much not a lawyer, but I used to watch Ally McBeal as a kid, so I think I got the hang of this. This is actually a subset of a vastly larger problem, so the ...
6
votes
1answer
63 views

Selling stuff online + fundraiser campaign questions (EU)

Let's say I have a friend who owns a factory and makes rings and necklaces according to my unique design (1000 pieces order minimum). I want to sell them strictly online, and I'm sure that I won't be ...
5
votes
1answer
484 views

Forming an LLC in Idaho: Is programming professional?

I'm forming an LLC in Idaho for a software development / consulting business. I'm planning to go directly through the Secretary of State. I see two different forms: A "Certificate of Organization ...
5
votes
1answer
2k views

Can a store sell merchandise I've left in the store?

If I purchase merchandise in a physical store, and then (accidentally or not) leave the merchandise at the store after I've paid for it, is the store allowed to resell that merchandise to another ...
5
votes
1answer
15k views

Is it legal to sell something that uses another product as one of its ingredients?

In example: If someone sells homemade ice cream where they have crumbled oreos and mixed in to make homemade Oreo ice cream, but generically named "Cookies & Cream" or If someone uses Great ...
5
votes
1answer
3k views

Is using font on a business card considered commercial use?

I'm currently designing a business card for a client and looking for an applicable font. A lot of these fonts are marked with some sort of payment required for commercial use. While I don't plan to ...
5
votes
1answer
225 views

What crime is commited when a mechanic charges for an unneeded or non-existent service?

There a number of mechanics who take profit of people's ignorance of car mechanics to charge for unneeded or even non-existent services, like change the blinker fluid or perform an capacitive ...
5
votes
4answers
12k views

Is it legal to sell game items for real money?

Me and my friends play WoW, LoL etc(online games).. Is it legal to sell in-game items for real money? I know it's a small case and probably won't be chased after but in terms of law, is it perfectly ...
5
votes
1answer
212 views

Hypothetical question about value created using stolen money

I was thinking about this scenario where a person steals some money and uses that to start a business and even becomes very successful and makes many times the initial money. I was wondering that if ...
5
votes
3answers
563 views

Proving Theft From a Store

If the burden of proof lies on the plaintiff, how could the plaintiff prove the defendant didn't pay for an item removed from a store. From what I understand a negative can't be proven. In this case ...
5
votes
2answers
396 views

When is misrepresentation and concealment allowed in negotiating contracts?

Suppose I, or a company I own, want to purchase a domain name from an existing owner. Am I allowed to blatantly lie about the interests I represent and why I want the domain? Can I, for example, buy ...
5
votes
2answers
161 views

Can you operate a liquor service outside a prohibited area and make deliveries into the prohibited area?

There is one small holdout in Southern Alberta where prohibition of liquor is still in effect. Consumption isn't prohibited, but the sale of liquor is. There was even a recent plebiscite where the ...
4
votes
4answers
913 views

How to gather Compelling Evidence to prove that business is fraudulent?

My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises ...
4
votes
1answer
258 views

Is a B2B blacklist legal

We have a business client who is a non-payer and we've had enough. Is it legal to share details of this non-paying business to other businesses like mine? It wasn't mentioned anywhere in the ...
4
votes
5answers
1k views

Is it legal for an auctioneer to know max bids and place bids themselves to increase the price?

There is an online auction that has the option to place a max bid (an automated process for the bidder to bid up to a specified value). Also, in the terms & agreement for the auction, it is ...
4
votes
2answers
991 views

Can other party sneak in new contract terms via termination notice?

My friend's business applied for a credit card processor company's service. When signing up for this service the only document they asked her to sign was Application Form. Also, their sales person ...
4
votes
1answer
379 views

Does Canada have a less litigious culture than the United States?

I have an anecdotal question about the legal culture in Canada that is based on a personal observation of mine and may not be answerable here definitively. But here goes: Last summer my family and I ...
4
votes
1answer
1k views

Can a repair business sell goods that haven't been picked up for over a year?

A friend has an upholstery shop in Buffalo, NY. A customer brought her a set of seats to re-do more than a year ago. The project was completed and several attempts have been made to contact the ...
4
votes
1answer
139 views

Did the judge try to order me to pierce the corporate veil?

In a legal proceeding a couple of months ago, I was unfortunately at the disadvantage of not being represented by my attorney. (There is a reason which is unrelated to this question.) I'm not a ...
4
votes
1answer
306 views

Referring to Software Engineering in a US state that licenses engineers

This is strictly hypothetical for the moment and I will retain qualified legal counsel before making any real-world decisions. This question is only to get a general idea of what to expect. Suppose I ...
4
votes
1answer
89 views

Recording a phone conversation with customer support/sales

I understand the law about private communications in person and over the phone not allowing recording. However, in cases where a consumer records a conversation between him and a company offering them ...
4
votes
1answer
35 views

What legal document is used for listing business partners or company directors?

My friend and I have registered an LLC for the purpose of running an e-commerce website. The registration form for Colorado business application did not ask to list company directors, nor did the EIN ...
4
votes
1answer
495 views

Does my company need an escrow license if we are a marketplace website?

We have a marketplace website that allows buyers to purchase content from sellers. We then pay out the seller's balance after 30 days. Our payment processor is requiring us to have an escrow license ...
4
votes
3answers
2k views

Cheapest country to form a business within the European Union [closed]

I am a Greek (freelancing) software developer interested in forming a company to be able to legally invoice my clients. Crazy taxes in Greece prohibit myself from running a company in my own country (...
4
votes
2answers
131 views

What are the benefits of a incorporating vs. operating an LLC?

I'm in California, but have been told to Incorporate or become an LLC in Nevada. Is there any reason to do this out of state, other than cheaper renewal fees?
4
votes
2answers
1k views

If a retailer sends you something you didn't order, can you keep it?

This Consumerist article discussing a Wal-Mart shipping mishap involving a customer receiving extra iPods argues that the FTC ruling regarding unsolicited goods means that you can keep good as a ...
4
votes
2answers
2k views

How is a shareholder allowed to sue the company?

There are news about shareholders suing VW due to the losses that happened by the emissions fraud (lots of examples in the news, this is just one of them). Now, I understand customers suing VW, and I ...
4
votes
1answer
89 views

Does the “general public” include business entities?

Specifically regarding securities laws in the United States, there is often terminology that says: ... must not be marketed to the general public... The definition of "marketed" I understand and ...
4
votes
1answer
792 views

Do you need a business license(In California, USA)

I am curious if I need a business license or permit for an online Social media Startup company? I am located in California and applying for a LLC through LegalZoom and it asked me if I needed a ...
4
votes
0answers
142 views

Quebec language law and “French First” requirement

Suppose I am developing an application for company A which will be used by A's employees worldwide. A has offices in Quebec, Canada. I am aware that local laws exist in Quebec which protect workers ...
4
votes
0answers
68 views

What licenses and registrations are required to start a home business repackaging food in NY?

I'd like to start a home business repackaging food in New York State in the US. For example, let's say I'm buying 10kg bags of rice from the supermarket and I want to put them into jars each ...
4
votes
4answers
10k views

Is it illegal to repair vehicles in Ontario without a mechanic's license?

I have a business license from the province of Ontario and an HST number so that I can file my taxes. I have an accountant who handles all of my taxes, so I don't think I will have any issues there. ...
3
votes
2answers
398 views

What can I do if I signed an excessively restrictive contract?

Situation I was offered a "small work opportunity" to provide consulting for a company operated by someone I met locally. They told me to sign some agreements, which I did. The problem is that the ...
3
votes
3answers
229 views

I am working with a colleague to create a game. We agreed to split profits 50/50. Would creating a contract promising 50% be legal?

The game will be owned under an LLC I created to protect ourselves from copy right. The reason I own the LLC is because I did the entire website and I plan to do more content without him as well. My ...
3
votes
2answers
507 views

Is borrowing money laundering?

Suppose a person borrows money from a relative or friend, say, 10 million USD, without documentary evidence — the transaction is purely based on trust and cultural norms. If the borrower invests the ...
3
votes
1answer
293 views

Can someone deny cash as the payment method?

There are a small number of restaurants in my area where they do not accept cash for payment. They only accept electronic payments such as credit cards, local debit cards etc. Is this legal? On most ...
3
votes
2answers
32 views

Multiple deals in a row and reasonable expectation

I once heard that there is a certain level of reasonable expectation that is guaranteed by law when it comes to making multiple deals with others. For instance, is the following legal or illegal to ...
3
votes
2answers
468 views

Is my client free from obligation to pay an unpaid invoice under contract?

I created a contract between myself and a client. The contract states that I will provide service A to the client. I provided service A. A third party is blocking the use of the end product of service ...
3
votes
2answers
72 views

Do Directors serving at the pleasure of a specific class of investor owe fiduciary duties to other classes of investors?

Suppose a company has five directors. Two appointed by holders of common stock and three appointed by holders of preferred stock. Do the directors appointed by the preferred stockholders have a ...