Howard Eugene Bundy's Answers

Do i have the right to the recipes and methods i created

The general rule is that, absent a clear written contract to the contrary (a "work for hire agreement" or something similar), the creator of intellectual property owns it. You need to speak with an intellectual property lawyer to determine what your rights are. Recipes can raise tricky issues. I would be happy to introduce you to some qualified attorneys.

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What is the average ballpark cost to incorporate an s-corp in DE?

The out-of-state lawyers got it right. If you are in Washington and the business will operate in or from Washington, the most cost-effective solution is a Washington corporation or LLC. You should consult with a Washington attorney with experience in setting up small entities. Depending upon the number of owners and the nature of the business, getting it done right can be quite affordable.

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Can my two LLC partners vote me out of the business and not pay me?

It may come down to what your certificate of organization and operating agreement say. You should get to an experienced attorney soon to determine your rights. If you do not have an operating agreement, the Washington LLC Act would apply. Generally it is difficult to expel a member--although a majority may be able to terminate you as an employee. You may have saved a few dollars by not getting a good operating agreement and you may be paying the price. This is why we advise working out...

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If someone signs a contract agreeing to pay back money that was lent to them and fails to pay, can they be take to court?

Without reviewing your contract, no one can advise you as to whether you have the right to repossess the vehicle. On the other hand, you seem to feel that the contract created a clear obligation for him to pay you. Your best bet might be to contact the district court nearest to where your (former) friend lives. They can provide you information on filing a small claims action. If you prevail in that, you would have a judgment you could enforce--perhaps by repossessing the vehicle. By the...

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Tail wagging the dog?

First, you should not sign a contract proposed by your employee/manager without consulting with an attorney about the precise language proposed. Since your manager is asking for a written employment contract, you may want to have your own form of contract prepared for him. It can specifically provide that employment is "at will" and set out some performance requirements. It could also contain other useful provisions--such as prohibiting him or her from competing with you or interfering with...

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Information on door hangers to gain customers

The answer to your question will depend upon a careful analysis of what you said and how you said it. There is some limited privilege to fairly compare your product with products of others. For example, look at how the major cell phone companies and major cable companies are constantly naming each other and drawing comparisons. However, if there is any significant risk that the other party can argue that something you said was untrue, you could be opening yourself up to a commercial...

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What makes up a business contract? Vendor Contracts? Service Contracts? and Other Contracts?

The other answers give generally good advice. As your small business lawyer drafts the contracts you need for your business, keep in mind that every word in those documents matters. Business people like to think of contracts as "standard" or "boilerplate". Unfortunately those "forms" are a dime a dozen and worth everything you paid for them. Your lawyer should take the time to understand your business and the uses you will put the documents to. Every word and every paragraph should serve...

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Oct 2011 we upgraded to Platinum Club Wyndham Presidential Reserve. Are we entitled to $ as blatant errors & cancelled?

It looks like you made a serious investment involving complex contracts without having it reviewed by an attorney first. You should not try to negotiate your way out of that same contract without assistance. Depending upon facts that you may not have mentioned, their offer may be extremely fair--or it could be heavy handed. An experienced business attorney can probably help you evaluate it and get the best possible result for you. Good luck.

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How do you deal with a moving company?

As the earlier answer said, $300 is hardly enough to justify a major additional investment for you. This is a major lesson in not letting your busy life keeping you from reading documents before you sign them. If you feel like you were unfairly treated, you might talk with the Washington Attorney General's Office of Consumer Protection. There is a slight possibility they could help. Another possibility would be to bring a small claims court action against them. Keep in mind that no...

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How should I pay health insurance? From a personal account or Business? Single member LLC

Another issue to consider is whether you have (or expect to have) employees. The law limits your ability to provide benefits for yourself out of your company that you do not also provide for employees. Whether you want to do that may be determined by the size of your company, the competitive situation and the type of employees, among other things. You need to talk with both an accountant and a business attorney.

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