Inna J Efimchik's Answers

How should I get a former business partner to release claims on an idea/prototype that I developed and they gave up on?

Assuming the intellectual property is worth something, its ownership should not be left to email exchanges. While it is acceptable to give the CEO a heads up in an email that you would like to continue working on a product related to the idea you pursued together and to let him know that you would be willing to let him use the code you wrote in exchange for shared ownership rights in the other intellectual property of which the project consisted, his agreement to this should be documented...

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Someone woman took pictures of my minor children and is now using them on her website for her business.

Many businesses that offer an activity-based service require parents/participants to sign a photography release at the time they enroll. You should check the agreement that you have with the jiu jitsu studio to make sure you did not inadvertently give such consent for her to use your childrens' pictures. She may still take them down of her own free will, but if you gave your consent, you will not have legal action against her.

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Am I allowed to take product reviews posted by users on Amazon.com and put them on my own website?

The websites do own the reviews. If you would like to incorporate them into your site, you can see what kind of API is available for you to pull their content onto your website. The API will come with terms of use, acceptance of which is a requirement for you to use the API, and which you should review with an attorney to make sure you are in compliance. You will have to do this on a site-by-site basis. Unfortunately, there is no short-cut. Best, Inna

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Can I change my LLC name

California is taking a really long time to process registrations these days (something like 40 days for corporations and I would assume something similar for LLCs), so if you have not received your file-stamped certificate of formation back from the state yet, you may need to wait to receive it.

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What is the fastest way for a person to get a license to practice law in California?

From the California Bar Association website: What are the requirements for admission to practice law in California? In general, you must: •Be at least 18 years old. •Complete two years of undergraduate college work or pass certain equivalency tests. •Graduate from a State Bar-accredited or American Bar Association-approved law school, complete four years of study at an unaccredited or correspondence law school, spend four years studying law in a law office/judge’s chambers program, or...

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I paid the retainer for a friends personal injury case, will the lawyer pay me?

It sounds like the agreement was between you and your friend. Therefore, unless expressly instructed to do so by your "friend," your friend's lawyer will not pay you any portion of the proceeds of the settlement. Note that your contract claim is against your "friend" not the lawyer. If the amount at stake is small, you can try the small claims court. But before you escalate matters, you might try to write a formal letter to your "friend", sent by certified mail, requesting payment and...

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What are the considerations for forming an LLC that operates two (or more) separate brands.

There are a few ways to approach this. From a legal perspective, you may operate several different types of businesses under one entity. You would file DBAs (doing business as) in the counties in which you will be doing business for the names you plan to use, which I assume will be different between the two businesses. However, even though you can do this, I would recommend not mixing apples and oranges. For one, if you have liabilities in one business, you don't want them to affect the...

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How do we voluntarily remove a 49% shareholder of a 2 shareholder California S-Corp? What documents are required?

In addition to what has already been said, I would like to add that customer lists, if properly protected, are considered trade secrets of the business. Therefore, by law at least, your ex-partner will not be able to use them in his new business. Of course, law and practice often aren't one and the same, and you may not have the resources or the desire to pursue him in court if he does improperly use trade secrets. For this reason, it is very important for you to go through (preferably with...

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Minority Founder Member in a 51/49 LLC Partnership in California, question about Manager Status.

The answer to your question will be in the LLC Operating Agreement. Look for provisions relating to decision-making power. If the agreement requires majority vote only or is silent on the matter, then you are probably out-of-luck. However, sometimes LLC Operating Agreements provide special, higher voting thresholds for specific decisions. Also, please note that while the majority LLC member may be able to fire you from the position(s) you hold with the LLC, and while she may even be able...

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Do I need to register as a foreign LLC in California or can I just file a Franchise Tax Return at the end of the year?

The answer to your question depends on whether you are really "doing business in California". It's not always clear-cut, but if you have employees/consultants in California, rental property, or contracts, then you should qualify to do business in CA. Once you register, you will be required to pay $800 per year in franchise taxes. In addition, CA has an additional tax on gross tax receipts from LLCs revenues derived in California. You should consult with an attorney to help you determine...

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