Justin Michael Copeland's Answers

Justin Michael Copeland
Austin Mergers / Acquisitions Attorney.
Contributor Level 6

2

Attorney answers:

  1. Justin Michael Copeland
  2. Lu Ann Trevino

Business Lease in Texas a burden, how do I get out?

Asked by a user in Austin, TX - over 3 years ago.

When attempting to terminate a commercial lease you have a few options including negotiating an early termination with the landlord, arranging for a sublease, abandonment, or a termination for cause / landlord default. Each option has pros and cons that need to weighed in light of your present circumstances and your future plans. Outright abandonment of the lease can result in a breach of contract action against you with damages resulting in the value of the balance of the lease, plus...

1 person marked this answer as helpful

3

Attorney answers:

  1. Justin Michael Copeland
  2. Pamela Koslyn
  3. Daniel Nathan Ballard

Copyright Issues for a How-To Book on Communication (Steps to consider, etc) now another claims I copied his ideas and book.

Asked by a user in Austin, TX - about 2 years ago.

I know it's not what you want to hear, but you will need to hire an IP lawyer with copyright infringement defense experience to help you evaluate the situation. Your work will need to be compared to the complaining author's work, along with a review of the demand letter you received. Your situation is very fact specific and will need to be reviewed in an effort to find a valid defense to the infringement claim (fair use, invalid claim, etc.).

1

Attorney answers:

  1. Justin Michael Copeland

What are my rights as a 33% stockholder of an s-corporation

Asked by a user in Austin, TX - over 2 years ago.

Many of your rights as a shareholder will be governed by the various corporate governance documents of the company. If you do not already have them, you should start out by obtaining copies of the Articles of Incorporation, Bylaws, and Shareholders Agreements. These documents may help spell out some of your rights, so read them over. If you have questions about your rights contained in these documents you should take them to get reviewed by a local business lawyer. Once you obtain the...

1

Attorney answers:

  1. Justin Michael Copeland

How do I form a 2 member LLC in TX when one of the members will be a foreign Corporation?

Asked by a user in Austin, TX - almost 3 years ago.

1. To form an LLC you will need to file the Certificate of Formation for a Limited Liability Company paperwork with the Secretary of State. The LLC forms located on the Secretary of State website were drafted with simpler formations than yours in mind. When forming a company like yours with issues outside of the norm, you should really contact a local business attorney to assist you in drafting the Certificate of Formation and the Operating Agreement. 2. & 3. The profits and losses of a...

1

Attorney answers:

  1. Justin Michael Copeland

Who could draw up paperwork to convert a single legal description w/homestead into two condos w/2 legal descriptions?

Asked by a user in Austin, TX - almost 3 years ago.

This is something I can help you with; however, I need additional information about your project. The process is fairly complex and can take approximately a month from start to finish depending on the specifics of the project. You will need to research zoning restrictions, obtain a condo certified survey, and address a myriad of other issues. If you would like to setup a free consultation please call 512-850-4529 or email jcopeland@jcopelandlaw.com.

3

Attorney answers:

  1. Ashley Elizabeth Atwood
  2. Justin Michael Copeland

What is the first step of starting an online business?

Asked by a user in Austin, TX - almost 3 years ago.

When starting a business there are many different factors to consider when choosing an entity type. Factors include: tax consequences, owner liability issues, management issues, ability to raise capital, transfer of ownership, and many others. To make things even more complicated, each state has different corporate and tax laws. When I sit down to meet with a new client starting a business, I like to find out as much as I can about the current business partners, their goals, and the...

3

Attorney answers:

  1. Ashley Elizabeth Atwood
  2. Justin Michael Copeland

What is the first step of starting an online business?

Asked by a user in Austin, TX - almost 3 years ago.

When starting a business there are many different factors to consider when choosing an entity type. Factors include: tax consequences, owner liability issues, management issues, ability to raise capital, transfer of ownership, and many others. To make things even more complicated, each state has different corporate and tax laws. When I sit down to meet with a new client starting a business, I like to find out as much as I can about the current business partners, their goals, and the...

1

Attorney answers:

  1. Justin Michael Copeland

TX real estate law, property code 92.0561

Asked by a user in Austin, TX - over 3 years ago.

To fully and accurately answer your question I would need more facts and would need to see a copy of your lease, but potentially you could terminate your lease so long as the dead animal in the wall is a "condition that materially affects the physical health ... of an ordinary tenant" and that this condition was not caused by you or your guests. A call to the local health inspector may get you a report in your favor, so would an opinion from a doctor stating that your ailments are caused by...