Questions / Answers

This is not to be considered the offering of / or / the acceptance of legal representation, It is merely a generalized response to a legal question. thank for allowing me to help you

I own a company in Tx and sell gift certificates. I have someone threatening to sue because they want their money back on the gift cert. On the gift cert it clearly states not redeemable for cash. value not to exceed $$. Does this cover me so I cant be sued?

This is what I do, I am a commercial lawyer, and NOTHING you write or say can completely protect you from a suit. Simple answer.

But the next question is important, CAN YOU WIN THE LAW SUIT. That is the killer question.

Beyond that I need more information and facts. If you want, call me.

Company A and Company B are owned by the same individual. Company A agrees to complete a job for Customer C. Company A wants to make more money, so Company A purchases the required material for Customer C under the name of Company B. Company B adds a markup to the material then sells the marked up material to Company A. Company A then adds an additional markup to the material before selling it to Customer C. Is this a legal practice and what is the name of this practice?

This is what I do. I am a commercial / business / consumer lawyer.

The answer to question would depend upon the exact circumstances of the transaction, and who current of the material. There are so many unknowns that I cannot begin to advise you without more information. If you would like to call me, the initial contact either by email / phone.

Can a company website and Facebook account remain open after the company shuts down?

The answer to question would depend upon the exact circumstances of the transaction, and who currently has possession. There are so many unknowns that I cannot begin to advise you without more information. If you would like to call me, the initial contact either by email / phone.

Is it possible to take someone’s name off of a car lease without their consent even though you paid for the car and is still continuing to pay for the car?

The answer to question would depend upon the exact circumstances of the transaction, and who currently has possession. There are so many unknowns that I cannot begin to advise you without more information. If you would like to call me, the initial contact either by email / phone.

We are suing a business for our deposit back, we never signed a bill of sale reguarding refunds. This company fraudulently copy and pasted my signature on a document claiming a bill of sale, and its a pretty bad copy and paste job, anyone who sees this document can tell what they did. Anyway, when we sent the deposit money we sent the money to a guy we were dealing with out of New York, but their parent company is in Texas. So when we went to small claims court in our county the business told the judge they wanted to change the venue to their county. Where should the venue be held if no bill of sale was ever signed and the money was transferred to New York but the main company site is in Texas. Which is where we live but a couple of hours away?

I think venue and jurisdiction could well lie in Texas, I think there is sufficient contract under the U.S Constitution. If you have already brought an action, you should have an attorney, which will supply you this answer, better then I because he has more specific information. If you are doing without counsel. THEN YOU NEED HELP. I would be more then glad to speak with you- the first consultation is free!

I was just informed that the company who offered a position to me was sold on Monday and the new owners are not honoring the offer. I accepted the position in writing, submitted to the drug screen and background check and gave notice to my current employer. My current employer has already replaced my position as I am training that replacement now. The new company is based in IL. I was to work from a clients headquarters in TX where I currently live Do I have any legal rights?

Possibly. But I would need more information, and documentation to make an evaluation of your legal rights. You can get an initial phone call / email conference with me for Free. Then if you develop a plan that suits your needs we can move on that plan together.

I had a business 15 years ago…the gas company now says before I can open my new business account in my corp. name I have go pay off the old dab balance …what should I do?

While the statute of limitations protects you from a a formal legal action. I think it is possible to deny you additional credit based upon earlier activity. Now I also think I could resolve this problem, like I have for others. I need some more specific information, and details, which costs nothing to get my initial phone / email contact free!

I purchased a vehicle and signed all the paper work. the dealership needed a signature from my wife for the title on the trade in. They sent a porter the next day to have her sign it and the dealership was going to mail it the next day. Now, a month later, I have not received my copies of the paper work and no one is able to give me an answer. Do I have any avenues for legal action?

The simple answer is YES. I think you do have a problem however. Because you are going to need a clear title. Below is my resume and a standard cover letter. I do NOT charge for the initial phone call/ or email exchange, which should be done by us privately to protect attorney client privilege. If you think I can help you great, then, and only then we talk $$$

I have a Texas Corporation and the corporate by-laws have been lost (the whole binder, everything from meeting minutes to provisions on removal of officers). I have looked everywhere for the books but cannot find them, even my attorney who prepared them does not have a copy. The reason I need them is that I am wanting to change the management and ownership structure of the corporation. My corporations management has 4 individuals (who serve as both officers and directors). I am one of the directors and I want to remove three of those individuals from both officer and director roles (completely take them out of the picture). I don’t remember any of the provisions on removal of officers/directors, most likely it was standard general rules. What is the best way to change this management structure without having the by-laws to turn to? Can I just re-write the by-laws? The individuals who are disassociating with the corporation are willing/wanting to leave, could they just sign an affidavit or something? If I am the sole shareholder (and director) could I just hold a vote to remove them from both officer and director roles. It’s completely mutual, we don’t want to by-laws to come back and hurt us if for some reason it requires something special for removal.

There are several methods, but each would depend upon individual circumstances and legal considerations.

If you want to contact me and have private conversation, which this is not, then I would be more then glad to hear from you

I want to start a member association. Do all member associations have to be nonprofits or can they be formed using another business model? I want to own the association, which I know isn’t possible with a nonprofit organization.

I know of know GENERAL legal barrier to forming a “members association” whatever that exactly means in this context as a profit making entity. I need some more specific information, and details, which costs nothing to get my initial phone / email contact free!

my partner and I own 50% each of a sub chapter S corporation in texas. The real estate is owned outside the corporation as a joint venture partnership. The corp pays monthly rent. As of late , my partner does not wish to continue doing the work that has been assigned and has hinted he wants to quit, retain ownership in both corp and real estate and start to work for a competitor in the same field making more money. What remedies do I have should this take place?

I am a Texas business attorney, who is familiar with these issues, but. I am going to need more details i.e. the type of business, what the real estate is, all of the papers and contracts these entities. You have remedies and you have recourse, but information is the key at this point. I need some more specific information, and details, which costs nothing to get my initial phone / email contact free!

Which type of business structure provides the best security for personal information (my name, personal address, etc)?

I would have to know more about your business activity, and what type of privacy for your personal information you want to create. Although business structures are mainly concerns in other areas. A corporation might provide you more security, because it could operate under a corporate name, and would have it’s own Tax Id#. If you are interested in pursuing this topic further, please contact me, which costs nothing to get my initial phone / email contact free!

In regards to business structure (this will be a new business I am beginning) does it matter if most/all of my employees will be independent contractors? Does it effect my ability to have a LLC vs Corporation?

I would need more information to evaluate your needs and operations, and what is best for you. But as a general rule your business could operate under either format. The important consideration regarding an LLC or Corporation (Chapter S or traditional) is your business model, your operational plan, and general plan of organization. I need some more specific information, and details, which costs nothing to get my initial phone / email contact free!

I have an unpaid overtime issue. However, the matter gets a little sticky. I live in Texas, and the companies corporate office is in Kentucky. However, they had me drive from Dallas to Marshfield Wisconsin for the project. Where do I file suit? Wisconsin, where I was working, Texas where I live, or Kentucky where their corporate office is?

I have questions… Is your employer doing business in the state of Texas… Does your employer have sufficient contacts to invoke Texas law… Finally most importantly, which state offers you the best chance of winning. This issue seems to be a matter of state law, and each state has its own rules, statutes and regulations. In Texas we have Texas Work force Commission. Other states have other similar regulatory agencies. Please feel free to call / email me for free initial consultation!

I’m buying a business with lawsuit in action, how do I know if the lawsuit has been settled, and how can I idemnify myself as a new owner?

Checking the court house records is a good first step. But more importantly, I would contact the seller, and his counsel. If the lawsuit has been settled have them draw up an indemnity clause as part of your sale. Please feel free to call / email me for free initial consultation!

I am an owner of a small quilt shop in Texas. We have an annual event where we put together a gift basket and for every $10 a customer spends, they get a ticket for the gift basket drawing. Every person that comes into the shop, during that time, gets one ticket whether or not they make a $10 purchase. For example, someone walks in and spends $50, they get 5 tickets or someone walks in and doesn’t spend anything and they get 1 ticket. Is this legal?

This is not a legal answer, but I think it is OK. There could be an interpretation, that this is a lottery, or that people are “like gambling”, Churches to this type of thing all of the time, so do non profits. I do not see a real world problem, especially since all of customers get a chance. If you want to check it out further, you could speak to the police department, and see how they react. There may a a license for this type of thing. Again this is not a legal answer, merely a common sense reply. Please feel free to call / email me for free initial consultation!

I purchased a used boat from a local marine dealership 4 months ago. My bank and I both have, repeatedly, asked for the title to the boat. The dealership cannot provide the title, nor will they give me a straight answer regarding the status of the title. Was this sale legal if he title is disputed or involved in litigation?

In simple terms, you need the title. That is proof of ownership. Candidly I am surprised the bank lent you $$$ on the boat without having title. If the seller, especially a dealership, does not provide the title you have to seek a legal remedy and force him to give you title. Please feel free to call / email me for free initial consultation!

Are members of a limited partnership protected from any liability from securities licensing or real estate licensing?

This is a complicated question, and there is no accurate answer absent of lot more information. An example of which is; are you a limited partner/ or an active partner (general manager). Did you personally/individually, do the activity the in which such liability as legal question arose. What type of business activity are we dealing with??? From the above it should be clear, that we need to talk, and talk in a forum where your attorney client privilege is in place. I need some more specific information, and details, which costs nothing to get my initial phone / email contact free!

National Rights Council, a nonprofit organization, files a suit against the U.S. Department of Justice (DOJ), claiming that a cer­tain federal statute the DOJ is empowered to enforce conflicts with the U.S. Constitution and with a state constitution. In each situation, which source of law has priority?

The U.S. Constitution controls. PERIOD.

My work bounced payroll checks and is not willing to pay us for that paycheck and paychecks after. He has since closed the company. Can I prevent him from selling off the equipment and not paying his employees. I am in Texas.

You need legal counsel NOW. There are too many unanswered questions for me to give you a good answer.

Here are my questions: 1/ Has the employer filed for bankruptcy protection. 2/ Who owns the equipment, corporation or individual 3/ How much $$$, and how many employees

If there is no bankruptcy filing then we are dealing with state law, and there are penalties he can be made to pay – civil and criminal. If there is a bankruptcy filing, what chapter 7, and did you get notice. You also have protection in this forum.

If you want to review the matter further in private, Please feel free to call / email me for free initial consultation!

We opened a business and put the equipment up as collateral for a loan. Made the mistake of taking on a so called business partner that ended up being dishonest. Keep in mind that nothing has been signed, no operating agreement. We ended up having to leave so that we could take other jobs to pay our bills. He said he really wanted to try and keep it open, so trying to help, we left the equipment and continued to pay on the note. Now of course, the business is failing and just found out that he has sold some of the equipment for cash. Again, this equipment is the collateral for our loan. Can he legally just sell equipment that has lien on it? Not sure how to handle. He says we don’t know what we are talking about…when we left that equipment became his!

You need counsel, an attorney and NOW. If the equipment has a valid operative lien, your associate under the cloud of apparent authority has sold items that does NOT belong to him or your company. That may be construed as FRAUD. If this loan was from a bank there may be federal implications. Yes, this is serious. Especially if large amounts are involved. I need some more specific information, and details, which costs nothing to get my initial phone / email contact free!

Can I get a License approval to sell financial products like Life insurance with a chapter 13 Bankruptcy arrangement?

This would be a question for your bankruptcy attorney. I would recommend that you contact either your bankruptcy attorney, or the bankruptcy trustee.

I am an independent sales representative for a Limited Liability Company (LLC) company in Texas, let’s call it ‘Company A’. I have a 10 year contract with Company A. This contract expires on 15 July 2016. I get a monthly commission check from Company A for sales that I have generated. Company A was recently purchased by another Texas based LLC that I’ll call ‘Company X’. This sale took place on 16 June 2014. The last commission check I received from Company A was sent to me at the beginning of July 2014 for invoices paid to Company A in June 2014. Company X says they have ONLY PURCHASED THE ASSETS of Company A and are not under any obligation to honor the contractual agreements of Company A. Company X says that while they don’t have any obligation to pay me sales commissions through to the end of my contract they will pay me sales commissions, out of the goodness of their heart, for the next three months –July, August, and September – and that’s it. What do you think? Is Company X obligated to honor my contract? Should Company A have paid me some kind of lump sum payout? What’s your opinion? Am I screwed? Do I have recourse with Company A or Company X . . . or both? What would you do if you were in my shoes?

While I cannot give you an opinion based upon what is here. I need to see your contract with your initial employer, and the purchase agreement with the company that bought them out. I think as a knee jerk reaction, not a legal opinion or legal advice per say, and that you have recourse some where (company A or X). I assume there are still outstanding commissions due to you. If there are you may have a claim in equity, unjust enrichment v. Company X. That is my initial reaction. Let’s talk some more, feel free to call / email me for free initial consultation!

Two businesses are owned by two persons. One of the businesses is not doing well. Can the one doing well legally support the one not doing well by paying its outstanding bills?

I would really need more details, nature of ownership. Relationship of the corporate entities, and the nature of the business. It may under some circumstances be possible. Please feel free to call / email me for free initial consultation!

What permits do I need to open am online store in Texas?

This depends upon what you are selling, where you are selling it, and under what circumstances individual transactions are being accomplished.

If you want to discuss the matter further, and provide more details you can contact my office for free initial consultation!.

Can an employer fire you in Texas for not speaking to them in private but in front of HR?

Texas has very limited workers right protection. In most instances, and absent a contractual relationship, an employer/employee relationship can be terminated for almost any reason. Please feel free to call / email me for free initial consultation!

My spouses employer is requiring him to relocate from here in Texas to Utah in order for him to keep his job. They are paying for the move but it states that “wife and children must move to Utah at same time…..” Him and I aren’t legally married and can they require that of me and my children? We receive 0 benefits from them and it’s not a government job.

Simply answer: probably not. I would have to see the paper work, and details, but what I think the employer is saying is that if the employer is asked to pay for your/your’s children’s move, it must be all done at one time.It is very likely that if you do not move with him, the company will not pay for your move. But I think there is little doubt that you can stay here, he can move, and you can follow without compensation from the company. Please feel free to call / email me for free initial consultation!

I have started working with a partner. We both have LLCs, and the business we will be working on matches well with the established brand of her LLC. However, she has been commingling funds. Is there signficant long-term risk, assuming I get the accounting back in order and there is no more commingling? Or is that LLC too easy to pierce now, so we should use mine?

You should, in theory, be able to clean up her LLC. But this is always risky. There are options although. I need some more specific information, and details, which costs nothing to get my initial phone / email contact free!

If I was under workers compensation and my annual employment agreement terminated in dec21,2013 and I was never offered a new employment agreement/contract for 2014, but now that I’ve been released by Doctor care, I am now applying for unemployment. What are my chances for it to go to my favor? Btw, I’m appealing TEC (unemployment) because my employer is saying she never fired me and TEC came to the conclusion I abandoned my job. Feedback/Info. Is greatly appreciated

NOT GOOD, it appears you are a terminal at will employee. But there may be other legal options and you may have other legal options. Please feel free to call / email me for free initial consultation!

My boat got towed from my nephews apt called them they auctioned off my boat. They said they sent a letter didn’t recieve it, sent it to my old address do I have any options at this point?

Of course you have options. But it is impossible to give you a complete answer or a proposed course of action via a website (no attorney client privilege etc). Therefore is what I propose, call me at no charge (for the first call) and let talk some more. As an experienced litigator and commercial lawyer, as well as one which has dealt with issues like this before. I can certainty if nothing else guide you.

Can a Texas business (a real estate management company for a condo HOA) legally refuse to accept cash in person as payment for monthly dues?

The acceptance of U.S. currency is required by Federal Law. Under federal statute one must accept cash. We have all heard of the protest tax payer who pays a tax bill with pennies.

The owner of a trailer park was going to demo an older mobile home in need of a lot of work. I Told the manager of the park that I would repair and pay the lot fee they agreed. I gave the manager $100 for 15 days. At the 1st I gave him and additional $200, it’s been 4 months 1 week the manager is mad at me because I told a man that I had my trailer for rent and another man had 2 for rent. The manager said I was going over him I COULD DO THAT PEOPLE THAT CAME THROUGH LOOKING FOR A HOME. I THINK HE WANTS THE TRAILER now that it looks a lot better. Long story I got mad hes been a butt the whole time I wanted to just get away from there. I sold the trailer, he said I have a lien on the trailer. There was no lien on the trailer when they gave it to me. It was going to be demo he wants $1,100 that’s half of what I got .There is no title it was made about the 70’s ! Can he sale give away with a lien. The owner gave it away. Should it be given away if the knew a lien was on it? If there was ever a lien. The manager said I would go to jail because I sold the trailer with a lien. Also he didn’t like the man I sold it to. There is more…

First you need counsel who can give advice after a very detailed and comprehensive examination of the facts, documentation, and records.Far more detailed then I can give you here.

WARNING: This response is not intended to be legal advice, or an acceptance of representation. It is merely a response to a generalized inquiry.

I think these facts are very confusing, and facts matter. Your exact legal status will depend upon various legal/factual considerations. What type of agreement did you have when you gave him the $$$$. Was there a signed instrument giving you ownership and control of the mobile home. Is there and was there a lien. He could be speaking of a landlord’s lien, or is he speaking of an individualized instrument. What were mobile home owners rights as to the trailer. Can you prove your end of the story.

AGAIN: This is not intended to be nor should it be construed to be legal advice, it is merely a response to a generalized legal question. If you want my help you can call / email me for free initial consultation!

These things can blow up into a big problem.

If I form an LLC for an apartment property and personally guarantee the loan (since most banks won’t find without one), will my personal assets be at risk if someone sues the LLC? For example, someone got hurt in the property and wanted compensation. Will paying off this individual be similar to paying a debt and will they have a right to go after my home and bank accounts?

What follows is NOT legal advice or an acceptance of representation, but merely an informational and generalized response to in inquiry.

The answer to your question is – NO. If you form an LLC, and a 3d party, brings an action, not the lender, then your LLC should protect your personal property. That does not mean that that 3d party cannot sue you personally, in addition to the LLC and get a judgment v you both. Of course they would have to have some legal grounding for their action, apart from just participation in the LLC. Remember LLC’s / corporations etc. only work to a limited degree, you have to comply with all of the regulations and requirements necessary to keep them operative, and binding. Another bid of generalized advice -BUY AN INSURANCE POLICY

The response given above is not meant to be legal advice, or an act of representation, or an acceptance of representation, but merely an generalized response to an inquiry in regard to a general legal question.

have 2 questions. I sold a business to someone 6 years ago. This person is no longer running the business or using the logo. I recently called the person to ask if I could use the logo and she said no. This logo was never trademarked can I create a variation of the logo to create a new one? Also I want to use the same name the original name was mainstreet.com and she has is registered as main street,mainstreet.com and other variations. Can I start mainstreet.co and be fine? I already went to the courthouse and registered an assumed name, but wanted to know could she do anything about that?

I would have to examine the facts in more detail, and this is not a legal opinion, but merely generalized advice.

Since you sold the name, and the logo, and since you accepted consideration, I believe, without looking at the document of transfer, that you could be in for some trouble if you appropriated what you have sold. A variation might slip by, but if your purchaser fought you, especially after her specific refusal as to your request to use the name/logo, I think she would have some good legal/equitable arguments. The same is true about the assumed name certificate.

If a Texas C corporation is in “forfiture”, has it been dissolved?. Is it the same as “revoked”? What is proper terminology in Texas vs California If forfited, can it be reinstated and have the rights of a C corp? If so, how long is it given to reinstate? Many thanks.

The reinstatement, or cure of forfeiture of corporate status that depends upon the events that lead to the loss of active C status. Generally, a C corporation in Tex, and Calif can be revived, or reinstated. All of the general information you need to re activate the corporate entity is on the net. I would go the Secretary of State website, for each state.

Now I simply do not have sufficient information as to the revocation (dissolution is usually voluntary); revocation is not a voluntary act, but usually a failure to perform a required filing. Again without more information, I cannot provide you with legal advice, nor is this response an acceptance of representation, or should it be considered the offering of legal advice. It is merely generalized information. If you want to pursue this matter further call / email me for free initial consultation!

We are a small national member club 501 c 7 incorp in Michigan that holds an event 1 x per year. Club members volunteer (non paid) to put on the event. The board had to remove the chair who lives in TX for not complying with board and club requirements. She was told to create a budget and fund raise for all items that the committee wished to purchase before purchasing anything. On the day she received a registered mail notice of her removal she submitted invoices for $2200 in what was claimed as prizes for this event. Besides no one on the committee or board being aware of these purchases there were also many discrepancies with the invoices. The board sent a registered letter to this person stating that the club would only pay for items it receives, and gave the following terms required for reimbursement. A deadline of 3 weeks to return, items returned in new condition, original receipts returned with the items. Items sent to the clubs treasurer. Once inventoried and matched to invoices and returned by the deadline given would be reimburse. She argued that she should not have to return them that she should be reimbursed and she is to reimbursed immediately and she would return the items at the time of the event 4 1/2 month away, the board responded by saying we stand by our original terms. She then sent a letter 2 days prior to her deadline to return stating the same message as before but, adding if she did not received a certified check from of in 10 days she would send us to small claims court. What are our options, how should be proceed, would a judge award her when we gave her option to reimbursed?

First you have to understand how small claims courts work in Texas. They are very informal and many of the rules of evidence and law are not applied properly. I would be wary of them. They can render a judgment up to $10,000. You should also know that you/ your entity can represent yourself without an attorney. If this person does proceed to small claims, there is no telling what would happen. This is a dangerous forum. If you choose to you can look up on line how these courts work.

Now there is no way, based upon what is written here for me, or any other attorney to advise you. What I would recommend is that contact myself and/or another Texas attorney, and get formal legal advice.

The above is not an acceptance of representation, nor legal advice. It is merely an informal suggestion that you secure the services of an attorney, if necessary, and protect yourself

I just started a small internet business company. I have started an LLC with one other partner. Unfortunately I want him to step down and/or leave the company. We have registered the business with the Texas secretary of state, but we haven’t yet signed an LLC agreement. We just verbally said we will split the company 80/20, 80% for me and 20% for my partner. But again we have not officially signed anything. Additionally at this moment the company has not yet started its operations, and or conducted any form of business. So in my opinion our company has no current value, or it’s not worth anything. We were in the midst of building our website and after some arguments with my partner I do not want him to be part of the company anymore. Furthermore the business idea was mine, and at the time it seemed to be a good idea to include my partner. So my partner has dedicated some of his time in the building process of the company for the last six months. The verbal agreement is that he would be consulting me on IT perspective and manage It perspective of our website. Also verbally we agreed he would pay 20% of business expenses, which he hasn’t paid one penny yet. We always verbally agreed he would pay me back in the near future. Here is a quick summary: -The business is registered under my partner’s name and my name. -We have not signed any form of LLC license agreement contract. Only had Verbal agreement on I own 80% of the business and participate in 80% of the business expenses. And my partner 20% ownership, and 20% shared business expensive. -till this day I have paid 100% of company expenses. I cannot consult our attorney because she represents us both, I do realize at this stage, I should of got myself my own attorney. So what are my options? How can I have my partner step down from the company before using a judiciary process to resolve this issue.

Short answer – BY AGREEMENT. If he is agreeable, I can draw up a transfer agreement.

NEXT: Formal Dissolution: dissolve the existing LLC, Since you placed all of the capital in; and have the idea is yours, you should be able to just start again. But he might have some legal recouese.

Ignore the LLC and just to business under a new name… All you have done so far is a mere registration process.

Now let me explain something to you, other then by agreement and release, the other options do open you up for some liablity. Not so much because of the agreement but because of the particulars of what has been done to date, much of which I do not know.

This is as far as I can go in an open forum. This response is NOT an agreement to represent you, nor is it legal advice. What it is is a general explanation of the law, and a generalized conversation.

If you want to explore this further call / email me for free initial consultation!

This is what I do, almost all of my clients are start ups, or small business entities, although most of them become large once we work together.

Me and a partner started a general partnership. over the course of 4 months I invested $14000 of my personal cash and him less than $3000 during which I also provided one of my personal vehicles for him as well as a place to live. after the 4 months we had made a total profit of around $700, then he got a warrant for his arrest for failure to appear/bond jumping. instead of turning himself in he stole the truck I had allowed him to drive and ran. I allowed him 5 days to return to me the vehicle during which I told him several times to return it, after the fifth day I was forced to file a stolen vehicle report with the police they picked him up 1 week later 45min away from home. now a week and a half after his arrest his wife which he was separated from during our business venture has constantly been harassing me saying she has power of attorney and that she wants to sue. when I spoke with my business partner he told me that he had not yet given her power of attorney but may have to and today I received a text message that she has an attorney and plans to sue. what do I do? can she legally sue me? and am I able to sell the items I purchased for the business that are in my name?

A general partnership is a very dangerous business structure. Each partner can be liable for the activities of the partners. Yes, a partnership ownership may be changed, but usually the other partners have to agree. I would be careful.

Beyond this I cannot go without more specific information, and a legal evaluation. I strongly urge you to find counsel, me or some one else.

This is NOT an agreement to represent you, or an offer of legal advice, but rather just a summary on generalized legal principles. If you want to explore these issues further, call / email me for free initial consultation! My charge for anevaluation of your situation would be $300.00

I want to create a website that might contain female (legal age of course) nudity. No sex or sexual acts but may contain full body nudity. I would like to eventually charge for access to the website. Is this legal to film and operate the website in Texas?

This is a real close call. I would have to see the actual website, and evaluate it. Any one who attempts a generalized answer here is playing with fire, and may be giving you bad advice. The civil and sometimes criminal liability from these websites is a developing and EXPANDING area. If you want to pursue this question further, and in “private” call / email me for free initial consultation!

I have recently received a letter from my previous employer (J.P. Morgan) stating that I owe 255.08 for a error that they did. J.P. Morgan stats that because of there error of over paying me that I need to pay up for there mistake. Even though I stated on my 2 weeks notice that my last day was Nov 28.2013. J.P. Morgan stated that they paid me on the 29th and the 30th of Nov, in error of course. In the letter that the company sent me that stated that if I don’t pay the amount in full they will send the amount to collections. I need to know what my options are, Chase also has a data base for entering to for payroll and in my timesheet that month I did not enter the 29th or the 30th. But I still feel that I shouldn’t have to pay for there mistake.

I would not advise you just fork over the money without exploring your legal options in depth. In order to do this you might with to call / email me for free initial consultation!

I own a business in a very competitive industry. A competitor is telling my customers that I am closing down and that is one of the things that can kill this type of business. What options are there to stop this person from the malicious rumors she is spreading that is impeding my business.

There are options and legal remedies but they must be considered and explored only after an in depth consideration of your individual circumstances, and we must make sure not to create a situation where you, your company will be exposed later on. Rather then give you a pat answer, which may or not be effective to protect your interests I would strongly urge you call or email me. This will allow me to understand completely and in the individual context of your needs what is the best option, and alternatives for you.

I am entering into a business partnership with a colleague to open a Pilates studio. We have clients who are interested in investing in our start-up. Some want straight pay-back and others want to be paid back in discounted services. Our goal is to raise 100K in capital. How do we best create an easy menu of investment options that gets the $ we need with minimum number of investors, weighted toward service pay-back option?

Accepting investor money is always tricky. There are laws in Texas which were originally designed protect investors, but in fact in your situation can limit your ability to raise funds legally, without risk, and not create a situation where you be exposed later on. Rather then give you a pat answer, which may or not be effective to protect your interests I would strongly urge you call or email me. This will allow me to understand completely and in the individual context of your needs what is you best option, and alternatives.

I am starting a business and we are setting in up as a LLC. My partner is handling the LLC part so I wanted to know how I make sure that I am added to the partnership as an equal?

Read the agreements, records etc. then. Look up the filings, and have your own attorney.