Kaiser Wahab’s Answers

Kaiser Wahab

New York Business Attorney.

Contributor Level 14
  1. What is good and bad about freeuslaptop.com because it has some ads that you have to select?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    1 lawyer answer

    Generally speaking, a site with a premise like freeuslaptops.com is dubious and, in my experience, is likely best avoided due to privacy concerns. I hope this helps. Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

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  2. Forming a new LLC, Question regarding naming in NY

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Carlos Gonzalez
    2 lawyer answers

    The basic answer to your question is: no. Using a DBA to circumvent the Banking Law and LLC Law naming rules will likely be immediately denied and/or if for whatever reason is overlooked will come back to bite you badly later. What you need to do is consult with an attorney to qualify your LLC for a banking department license and approval for the use of the name to coincide with the filing of your LLC's Articles of Organization. I hope this helps. Disclaimer: This answer is for...

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  3. Is it possible to do a post nuptial agreement without a lawyer?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Carlos Gonzalez
    3. Ellen A. Victor
    4. Andrew Daniel Myers
    4 lawyer answers

    To add to the posts before, NY has VERY specific case and statutory law governing marital agreements. You simply cannot teach yourself these things. And nor can the average attorney. You need not only to get an attorney, but one experienced in family and divorce law, especially where kids are involved. Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

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  4. Trademark Infringement Settlement

    Answered almost 5 years ago.

    1. Carlos Gonzalez
    2. Kaiser Wahab
    3. Jon Paul Yormick
    4. John M. Kaman
    4 lawyer answers

    The good news is that trademark infringement awards are purely civil in nature and are no differnt ultimately from other financial debts. You mention your husband is "being sued" but then continue that there is a "settlement." A settlement comes after being sued not during, generally speaking. You should be clear with yourself what stage this actual dispute is in, to fully understand your options. For example, if this is still in the attorney demand letter phase, (i.e., attorneys have...

    2 lawyers agreed with this answer

  5. "defamation of business reputation"

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. David Alexander Browde
    3. Carlos Gonzalez
    3 lawyer answers

    As has been mentioned, there are many hurdles in addressing the typical negative service/product review. First and foremost, the web site operator will typically be completely shielded by Section 230 of the Communications Decency Act. Secondly, with regard to gaining the actual identity of the posters, you should consult with an attorney to parse the actual language of the posts for defamatory language. If there is something truly defamatory (e.g., an expression of a falsehood that may be...

    1 lawyer agreed with this answer

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  6. Opening up a corporate bank account for an LLC with bad personal credit.

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Ronald Anthony Sarno
    2 lawyer answers

    You will likely have no difficulty opening the bank account as that presents no risk to any bank. However, in my clients' experience, nearly every bank (especially in this climate) evaluates the personal credit history of the company's principals, prior to issuing a line of credit or credit card (in some instances even making a principal sign for personal liability on the card). It is unfortunate, but as mentioned, every bank is different and some are more/less conservative then others.

    3 people marked this answer as helpful

  7. I've invented a new card game. How do I go about protecting myself from lawsuits based on rule similarities to other games?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Mason Boswell
    3. Daniel Nathan Ballard
    4. Bernard Samuel Klosowski Jr.
    4 lawyer answers

    The foundation of your inquiry should be the actual protectable elements at stake here. If they choose to, the competitor companies would leverage those items to make a claim against you. In your case and in my opinion, the similarity of rules on a functional level will likely not be a copyright infringement since rule sets are not copyrightable matter (as opposed to the actual text used to relay those rules to an end user, which even then is not copyrightable matter.) So assuming you...

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  8. Are there tax benefits for lending to a small business or person?

    Answered almost 4 years ago.

    1. Kevin Andrew Pollock
    2. Kaiser Wahab
    3. Steven J. Fromm
    3 lawyer answers

    In addition to the notes above, you should also strongly consider properly documenting the loan through a proper promissory note (please see link below). One path to a possible tax benefit (if the borrower is an LLC) is to make the note convertible. In that way, should the note be converted into interest in the LLC and the LLC has losses, you *may* benefit from the allocation of such losses. However, as mentioned earlier, you should not consider making such loan as a tax write off. I...

    1 lawyer agreed with this answer

  9. What kind of attorneys could assist me on this? civil rights and personal injury or more?

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Mark S Guralnick
    3. Richard S. Jaffe
    4. Michael Howard Joseph
    5. Alan James Brinkmeier
    5 lawyer answers

    To add to the other posts, it might be beneficial to retain a personal injury attorney who is either knowledgeable about criminal matters (bookings, suspect rights, etc.) or is connected with a firm that has criminal law practitioners. This is not an ordinary slip and fall and the fact it happened in police custody may very likely intorduce new variables and new claims. I hope this helps. Disclaimer: This answer is for informational purposes only and does not constitute general or...

    2 people marked this answer as helpful

  10. Intellectual property law

    Answered almost 5 years ago.

    1. Kaiser Wahab
    2. Robert John Murillo
    3. James L Lindon Ph.D.
    4. Andrew Monroe Baer
    4 lawyer answers

    The first thing you should check and see is whether you had your employee sign some form of confidentiality agreement. Trade secrets (as opposed to copyrights, trademarks, patents) are protectable only by virtue of a contractual obligation on the part of the disclosing party to do so. Even if you do have such an agreement in place, you would want to make sure that the terms of that agreement survive termination/separation of the employee. Secondly, you may also want to determine if these...

    1 lawyer agreed with this answer