Thomas M Dunlap's Answers

As a new bookkeeper subcontractor, if i make an honest bookkeeping mistake, can i get in trouble with the law or the irs?

Good answer above! Here are a few other considerations/ ideas for you: 1. Have a good (potentially lawyer-drafted) contract that puts the burden or bad information on the client and further has them hold you harmless for client directed and technical or insignificant errors. 2. Get a good E&O policy. They are not super expensive and frankly will make you a more saleable asset. As an aside – one instance where you should not “go for it” is government contracting. Your post does not...

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Can I have a foreign national as my partner?

Steven, If you have a foreign partner probably the best choice of entity is an LLC if you are a mall start-up (see our website's entity guide). You cannot make a s-corp election with a non-US partner/ owner, however you can be a standard C-Corporation. There are some benefits for C-Corporations and some benefits for being an LLC. Here is an excerpt from our firm's entity selection guide: The Limited Liability Company (LLC) is a relatively new business entity that has gained tremendous...

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How do you get money owed to you from a company that went out of business?

You need to sue them, obtain a judgment in Virginia and then domesticate the judgment in Georgia. If they have truely "gone out of business" (which can mean many things) then you may be able to get a default. If they have not followed the proper steps to wind up the company then the individual directors/ officers may be liable for the corporate debt. Alternatively, you may seek to "pierce the corporate veil" in order to obtain payment from directors/ officers. At the end of the day...

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Accidental Death claim, the Plan says suicide is not payable. If autopsy says undetermined, can it be challenged to pay claim?

It is certainly possible to challenge the DC Coroner - I have dealth with the office in other wrongful death cases and suggest that you do so quickly. DC has a notice requirement that may preclude a claim (depending on the actual cause of death).

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In the state of Virginia can an employer not compete be upheld.

Yes. A "noncompete agreement" must be narrowly tailored to accomplish the employers intended aim and thus fair to employer, but they must also be fair to the employee, and may not be void as against public policy. If a noncompete agreement is not reasonable the court will strike the language all together rather than attempt to fathom the intent of the parties and redraw the agreement (this is different from say a state like Maryland). Have a lawyer review the agreement and provide feedback....

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In Virginia, can a LLC sue another business/company in small claims court?

A couple of issues here. First the basic answer to your question is yes - with a yes, but thrown in. . . The Code of Virginia states at § 16.1-122.4. A. 1. that a corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer or an employee of that corporation or partnership who shall have all the rights and privileges given an individual to represent, plead and try a case without an attorney. BUT, the claim has to be less than $5,000...

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Setting aside default judgement VA

The Code of Virginia is pretty clear on how and when a default can be set aside: Under § 8.01-428. Setting aside default judgments; clerical mistakes; independent actions to relieve party from judgment or proceedings; grounds and time limitations. A. Default judgments and decrees pro confesso; summary procedure. - Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by...

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I'm looking for an entertainment lawyer to pitch my concept.

If you do not have any plans to protect or profit from the idea or to claim any rights in the concept (i.e. you are in entertainment and are completely immune to fame, fortune and literally lack any kind of ego about your original concept. . . ) you can contact studios directly via e-mail with the information. Again, to be clear - you have no inherent protection for an idea, particularly in entertainment where "borrowing" is fairly common- so be warned! before you do this - contact a lawyer...

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Intellectual property

We would need to know a lot more about the type of intellectual property. As another person has mentioned trademark dos not have a particular statute of limitations but theft (in civil law it is called conversaio) usually has a very short statute of limitations (1-3 years, depending on the jurisdiction). It sounds like you may have a variety of claims and I woudl encourage you to speak to a local lawyer. Thomas Dunlap Dunlap, Grubb & Weaver, PLLC tdunlap@dglegal.com www.dglegal.com...

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I want to know if i can break my lease, I have a reoccuring issue with mice.

District of Columbia laws require your landlord to provide apartments that are in a safe, habitable and livable condition. The landlord has a duty to maintain and apartments according to certain established standards, including the Housing Code Standards, which includes The Housing Regulation and Enforcement Division (under the D.C. Housing Code, Title 14 of the D.C. Municipal Regulations) has a Housing Inspection which can be reached at (202) 442-4400. Here are the “Inside the Apartment”...