Pamela Koslyn’s Answers

Pamela Koslyn

Los Angeles Business Attorney.

Contributor Level 20
  1. What debt am I liable for if we dissolve our CA LLC?

    Answered almost 2 years ago.

    1. Pamela Koslyn
    2. Clauson Timothy Smoot
    3. Curtis Lamar Harrington Jr
    4. Newton Munro Merrick
    4 lawyer answers

    What a mess. Personal debts don't get "transferred" to the company, so this never should have happened -what if anything did the company get in exchange for taking on this debt, an IOU? Why would you buy into a company that took on someone else's debt? This premise defies logic and no company would ever do this, since it's a breach of fiduciary duty to the LLC and to you as owner of the LLC. You need a lawyer ASAP to address this inequity.

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  2. Do we have a legal malpractice case against our patent attorney if he failed to timely file our patent application?

    Answered almost 2 years ago.

    1. Pamela Koslyn
    2. Xavier S Pillai
    3. Mark David Fox
    4. Matthew A. Dolman
    5. Deepak Malhotra
    5 lawyer answers

    Any legal malpractice case requires a "trial within a trial," meaning the underlying case has to proved to be a winner if you want to be able to hold the attorney that screwed it up liable for screwing it up. So what's crucial here is that the missed deadline was only "in large part" the reason for rejection by the USPTO. The state of the law on business patents is in flux due to the Bilski caase and its progeny, so this is not a easy question with an easy answer. Don't wait to see a...

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  3. Is it possible to add a co-cross-defendant to my cross-complaint?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Malosack Berjis
    3. James Carl Eschen III
    4. Robert Bruce Kopelson
    5. Michael Leo Potter
    6. ···
    6 lawyer answers

    If the other cross-defendants have already answered, then you need permission from the court to file an amended pleading. A stipulation filed with this motion from the other parties agreeing to this will help ensure that the court will grant that motion. Hire a new lawyer if you can. Maybe there was a reason the lawyer didn't add this partner.

    12 lawyers agreed with this answer

  4. I authored a business presentation that was well received by my superiors. How can I 'copyright' the material?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Michael Charles Doland
    3. John E. Whitaker
    4. Bruce E. Burdick
    5. Ray Beckerman
    5 lawyer answers

    You can't, and no it's not possible. Have you got a written employment agreement with your employers? If so, then chances are very good the employer owns the presentation, not you, since you likely signed the results and proceeds of all work done while on the job to them. Even if you don't have a written employment agreement, if you did this in the course and scope of your employment, and it sure sounds like you did, agency and copyright law say that your employer owns the results of...

    12 lawyers agreed with this answer

  5. Car accident exceeds my insurance limit, but other party's car repair amount seems too much

    Answered about 2 years ago.

    1. Pamela Koslyn
    2. Christian K. Lassen II
    3. Chad Guevara Boonswang
    4. Lars A. Lundeen
    4 lawyer answers

    If it's your fault, then you're liable for all damages proximately caused in this accident, including the other driver's rental charges and repair costs. Yes, they spent more than you did, because they weren't paying for it, and maybe they had a more expensive car with more expensive parts and labor. Did you report this to your insuranace company, so they could hire you a lawyer to defend you?You have a duty to do this ASAP after the accident, and they have a duty to defend you and can...

    12 lawyers agreed with this answer

  6. Should I consult with an Intellectual Property Litigator?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Daniel Nathan Ballard
    3. James Michael Slominski
    4. Dave Bahr
    5. Maurice N Ross
    6. ···
    6 lawyer answers

    Another alleged copyright and trademark infringer of Mophie products who's gotten a letter from Paul Pham demanding $20,000. Let me guess: he sent you a detailed article about their court victories and their list of cases actually filed, to prove to you their firm wasn't bluffing. They're not, they do sue people. If you did buy counterfeit products from a Chinese wholesaler, and I'm guessing you did because China doesn't respect IP laws and the US companies can't sue them there so they sue...

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. In California, does a verbal service contract , amount between $500 and $1000, require any sort of written document.

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Frank Wei-Hong Chen
    3. Robert Harlan Stempler
    3 lawyer answers

    Please see the DCA article linked below section VI.

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  8. Can a corporate secretary be liable for corporate debt?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Rosana G Herrera
    3. Gary Stephen Brown
    4. Frank Wei-Hong Chen
    4 lawyer answers

    it sounds like you were SERVED as a corporate agent of the corporation, being an officer, but not SUED as someone responsible for the liabilities. If the corporation has no assets, then the plaintiff won't be able to get very far, maybe just an uncollectible judgment. And if you weren't named as a defendant, the plaintiff is not suing you. The only way you could be held liable is if there are defendant DOES named (unnamed people because the plaintiff doesn't know who did what), and you...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I ask a attorney to return some of the money back cuz I'm not happy with the offer thats being offered.

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Shawn Michael Haggerty
    3. Eric Jerome Gold
    3 lawyer answers

    1st place to look is the exact language in the written fee agreement for the lawyer's services. The fee paid may have been a non-refundable retainer, or a flat fee, which means there's no money back option. The references to $5,000 sound like a flat fee, and this is often how criminal lawyers chrage fr their work. If the lawyer's services are hourly, then no matter what the fee agreement says, the lawyer's entitled to be paid the reasonable value of their services. Also, no lawyer...

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  10. How can I properly write a termination to an Artist/Management Agreement?

    Answered over 1 year ago.

    1. Pamela Koslyn
    2. Daniel Nathan Ballard
    3. Kevin Samuel Sullivan
    4. David Alan Wolf
    5. Ivan Jose Parron
    6. ···
    7 lawyer answers

    The talent management itself shoud spell out how you can terminate it. Sometimes there are minimum time periods for the duration of the agreement and continuing obligations post-termination, sometimes it's just necessary to give the proper notice before the termination takes effect. See a lawyer to have your particular agreement reviewed. and to discuss the details of your individual situation.

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