Jeffrey Howard Lerman’s Answers

Jeffrey Howard Lerman

San Rafael Real Estate Attorney.

Contributor Level 3
  1. When forming an LLC, are they any special rules or considerations when partners/members live in different states?

    Answered over 1 year ago.

    1. Michael Charles Doland
    2. Jeffrey Howard Lerman
    3. Erik R Overlid
    4. Dana Howard Shultz
    4 lawyer answers

    Three special considerations come to mind. First, make certain that the LLC Operating Agreement includes a provision specifying which state's law will govern or apply to any disputes arising out of the Operating Agreement. Second, add a clause that sets forth the venue or county where any disputes will be resolved (that is, where jurisdiction will be stipulated to and proper should a complaint be filed and/or where a mediation and/or arbitration will be held. Third, the members need to agree...

    3 lawyers agreed with this answer

  2. Can I sue for my damage?

    Answered almost 3 years ago.

    1. Nicholas Basil Spirtos
    2. Jeffrey Howard Lerman
    3. Paul John Mori
    4. Kevin Samuel Sullivan
    4 lawyer answers

    In addition, as a practical matter, you would be ill-advised to sue for $20,000 of damages. Most cases settle, so you would probably not get your legal fees reimbursed, and it will probably cost you close to $20K just to get through a good mediation. Your best net profit result will probably be, after conducting enough investigation to determine if you have a good claim, to go through a mediation without a lawyer. The legal issues here are not that complex.

    1 lawyer agreed with this answer