V. Carl Walker's Answers

Limited Liability Company (LLC) Answers & Advice

Well, it is true that LLCs can not issue stock. This is not, however, a disadvantage. You can distribute membership interests in an LLC without any need for the formality of stock. If you prefer stock, then you can structure your LLC to have certificates that work just like stock. LLCs are more flexible than corporations as the law does not dicatate how they will operate. The choice is yours.

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General question on where to find an answer....

I'm not certain that this is the appropriate forum for you. On this site you can have your legal questions answered. It appears that you need more than a question answered, but you would like to have your document reviewed by an attorney. Most atorneys do this type of document review for a fee. I would be concerned about the quality of review that you could get from someone for free. I suggest taking the document to a highly experienced lawyer who could review it in fewer than 2 hours....

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Is it normal procedure to sign an agreement and general release contract to receive severance payment?

It is very common that an employee will be required to sign a release in order to receive severance. The term "retaliate" is a strange one for a contract of this type. It would be customary for the contract to prohibit the former employee from publicly saying anything negative about the company, without a similar provision to protect the former employee. THESE TYPE OF AGREEMENTS REQUIRE ATTORNEY REVIEW. Typically they say right in them that they should be reviewed by an attorney....

Can I sue a contractor for misadvertising/wasting my time?

I feel confident that this situation does not rise to the level of an actionable claim. Perhaps there is a more creative attorney out there who can fashion a valid claim, but I do not believe so.

Veture capital loans

There is no specific rate for venture capital loans. VC loans are very risky and therefore, the rate is more closely tied to the lender's evaluation of risk than to any market norms. Factors to be considered include: What sort of business is it? What is the owner's track record with other businesses? What is the prior performance of this business? Is the VC lender getting equity in the business? Does the VC lender get a preferred return upon liquidation? In what industry is the...

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Can I just void the warranty contract?

No one can force you to sign a contract -- if they did, it wouldn't be enforceable. If you don't want to, don't sign.

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Do I need an attorney to help discahrge my student loan due to dissabilty?

You didn't finish your question. On your loan paperwork, it says if you become disabled, what happens? If it says that they will discharge the loan: 1. kudos to you for getting such great terms; and 2. you should inform them of your disability before contacting a lawyer.

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Breach of contract

You should definitely name her, her husband and the corporation in your suit. When suing, name everybody you can think of who possibly has a relationship to the matter and might be liable unless you fear that their defense can somehow harm you.

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Validity of asset only sale of business to deny payout of document that states seller owes employee.

The answer to your question depends on what the agreement says. Presumably, it entitles you to a distribution upon a specific occurrence or set of occurrences. An attorney should be consulted to review the agreement to determine the meaning of the precise language. Having said that, if this were an asset sale, the proceeds of the sale of the assets of the company should go to the company. What happened to those proceeds? Does the language of the agreement give you an interest in those...

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Law suit

What do you want to sue for? How do you feel you've been damaged? You may be able to fashion a claim. If you can not easily answer these questions, it may not be worth bothering.

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