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Dana Howard Shultz

Dana Shultz’s Answers

4,034 total


  • How are things being dealt with on a legal stand point when it comes to things like facebook, and publicly show private messages

    how are things being dealt with on a legal stand point when it comes to things like facebook, and publicly showing private messages or private text messages that someone snap shot and then posted up on there page.. if it was for an individual? if ...

    Dana’s Answer

    Once you send an email, or a text, or post to a friend, you no longer have any expectation of privacy concerning what you sent (assuming the recipient did not expressly to maintain communications in confidence). The recipient is free to forward the communication as s/he wishes.

    Please see the post at the link provided below.

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  • Does the FTB or IRS have authority to suspend a trust for failing to file a tax return or pay fees as it does for a corporation?

    California

    Dana’s Answer

    The question has a mistaken assumption.

    The FTB cannot suspend a corporation. The FTB can notify the Secretary of State that a corporation has failed to file returns or has failed to pay amounts owed,, which can result in the Secretary of State suspending a corporation. (The IRS does not have such a relationship with the Secretary of State. Please note, as well, that many trusts are not registered with the Secretary of State.)

    Answer: Neither the FTB nor the IRS may suspend a trust.

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  • CA Software Acquisition Agreement. Can "T" sue "E" for not executing a License Agreement?

    "T" has acceded to all of "E"'s right, title, and standing to: 9.1.1. Receive all rights and benefits pertaining to the Software; 9.1.2. Institute and prosecute all suits and proceedings and take all actions that "T", in its sole disc...

    Dana’s Answer

    You have not provided nearly enough information for a lawyer to offer a substantive answer. Most significantly, the excerpt you have quoted says nothing about E's obligations.

    If this matter is important enough, you should retain an experienced business lawyer to advise you.

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  • Unpaid CA LLC fees due to CPA miscue. LLC suspended. Trying to dissolve. Is there a way to avoid paying or reducing penalties?

    We never received notice do to an address issue for over 9 years. Now 8 of 9 years are unpaid. This is the $800 annual LLC the FTB charges. Now between the unpaid amount, penalties, and interest. The total is going to be over 16K for a business wi...

    Dana’s Answer

    As long as the LLC exists (has not been dissolved), the minimum annual franchise tax accrues (as do interest and penalties). Suspension is irrelevant.

    If want to dissolve the LLC, all past due amounts first must be paid.

    Under such circumstances, many people just walk away, leaving the LLC suspended and ignoring any further communications. This is not what the law prescribes, thus no lawyer can recommend such action, but it is a practical solution to a common problem.

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  • Do I have to sign on the Lease Agreement even though the business is owned by my wife only?

    My wife has a business and is leasing the building where she is conducting the business. The business is on my wife's name alone (federal, state, city license). What I don't understand is why would the owner of the building (lessor) include me in ...

    Dana’s Answer

    It is impossible to provide a definitive answer without reviewing the agreement.

    That said, I suspect that the landlord wants you and your wife to be personally liable if her business fails to satisfy its obligations under the lease.

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  • Looking to start issuing and selling license agreement for my business. Need to know how, cost, etc.

    I would like to know pros, cons, costs, how long it takes and the legal ramifications involved. thank you

    Dana’s Answer

    As my colleagues have noted, any attorney will need more information (type of business, what will be licensed, why, etc.) to provide a meaningful answer.

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  • Under contract law, are privacy statements just like agreeing to terms and conditions?

    there are usually two fine print links, one terms and conditions and one privacy statement. Can a business hide language in a privacy statement(which is generally just a suggested read) and neglect to include that specific language in the terms an...

    Dana’s Answer

    In the Web's early days, privacy policies typically were mere statements of intent and expectation, but were not enforceable contracts.

    Nowadays, however, privacy issues typically are addressed in contractual terms, giving the parties enforceable rights and obligations.

    One would need to analyze each site's privacy statement to render an opinion with respect to that site.

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  • In regards to internet spam law, does using fake names qualify as deceptive, or misleading email header information?

    if a company attempts to get around spam filters and manipulate consumers, by using human names as the name that pops up, and using an email address like: HumanName@business.com, is this considered illegal under the CANSPAM ACT or california code ...

    Dana’s Answer

    Using a fake name in a header would constitute a violation of both CAN-SPAM and the cited Business and Professions Code section.

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  • Are there any downsides of incorporating in Delaware when physically in California?

    For me as a non-resident, who is currently in the US on OPT (after MBA) physically located in CA, are there any downsides or potential risks of incorporating in Delaware if I'm planning to remain in California and work from my home, assuming that ...

    Dana’s Answer

    The downside is that you will need to register the DE corporation in CA because it is doing business here.

    This means that up-front and every year thereafter, you will be paying two states (and filing two states' paperwork) for the corporation.

    Please see the post at the link provided below.

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  • Have I broken the law sharing someone else's Facebook post at the request of my employer?

    After my manager quit and filed suit against my company, I was asked to check if they had posted anything about the events on Facebook to help get a sense as to their state of mind. I was told that this would be kept strictly confidential. However...

    Dana’s Answer

    Once information is posted to Facebook, any expectation of privacy with respect to that information is lost, thus recipients may forward that information.

    The foregoing principle is discussed in the blog post at the link provided below.

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