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Eric J Camm

Eric Camm’s Answers

226 total


  • If my employer asks me to run a sweepstakes that is later found to be illegal, who is liable?

    My employer has asked me to run a promotional sweepstakes. We're a small company with no legal department or lawyer on staff. I've advised him that any sweepstakes or contest will require terms to be created with the help of an attorney. He wants ...

    Eric’s Answer

    Your instincts are correct inasmuch as your company should absolutely talk to an attorney before running any kind of sweepstakes or other promotion that could be determined to be gambling or a 'game of chance.'

    Your company cannot require you to do something that is potentially in violation of California or federal law. I would contact a business attorney in LA as soon as possible to discuss this further and find out what your rights as an employee are.

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  • Disgruntled X-Business partner continues to harass me and the company causing loss of business, etc. what can I do?

    My X partner walked out of the company (Inc.) in April. He started by posting things on the internet, closed down web accounts, etc. He was voted out of the BOD and is not longer an officer of the company. Most recently he contacted customers an...

    Eric’s Answer

    You need to retain a business litigator as soon as possible to start protecting your company's interests and put a stop to what your former partner is doing. A good business attorney with litigation experience will be able to educate you on your options as well as move forward with a strategy to stop your former partner and potentially recover any damages that he caused. It may cost you some money to get this process started, but protecting your business needs to be a priority of the BOD.

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  • Can one business partner "fire" the other? If so do they have to buy them out?

    My dad helped me purchase the business I have worked for the past 13 years. He had the financial capital to afford it and secure the business loan. The past 6 years I have continued in my position running the business and and he uses these fund...

    Eric’s Answer

    You should sit down for a consultation with an experienced business attorney. If your interest in your company is at stake you need to get fully educated on what your rights are as well as what options you have to either protect your interest or determine the value of your ownership.

    Situations such as these are very fact intensive. You need an attorney who knows how to handle these matters, especially given the delicate nature of family relationships, to assist you with this.

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  • What does foreign qualification entail regarding taxes?

    I have a limited liability company that started in Washington state. All of my revenue is generated by selling physical products online. If I get foreign qualification to up another shop in California, would I have to file and pay taxes for washin...

    Eric’s Answer

    The short answer is no you won't be paying twice as much tax but if you are operating or doing business in multiple states you do need to be registered in those states and you will need to be paying your state taxes for the business that is conducted in those states.

    Contact a local attorney who will be able to get more information and provide more detailed advice as to how you should proceed.

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  • If I set up a internet retail business out of my home do I need a business licence?

    I have not done this as of yet but this is something I'm considering

    Eric’s Answer

    You will need a business license and you should consider incorporating your business to help protect your personal assets. Contact a good business attorney who will be able to help walk you through the start-up process and what steps are required of you.

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  • If I trademark a name/logo this month and begin business with that name this month, but someone else has been using the same

    If I trademark a name/logo this month and begin business with that name this month, but someone else has been using the same for 3 years but never registered it as a trademark, can I trademark it? Can that other person sue me for the trademark sin...

    Eric’s Answer

    If someone else has been using it in commerce before you then their rights will predate yours. In the USA it comes down to "first in use," and you've acknowledged that someone else has started ahead of you. Even if you move forward and attempt to formally trademark it ahead of them.

    I'd consult with an attorney on this before moving forward. If you intend to build a business and protect your IP (which you should), you should make sure that you are doing it the right way and not risking any infringement or other issues surrounding your right to use the name/logo.

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  • How to get out/around a no compete clause in cell phone business (kent/Columbus) Ohio

    I work at a Verizon wireless premium retailer in kent I'm moving to Columbus in a month already have a lease signed but franchise I applied at the corporate Verizon in Columbus but they said they have a no compete clause with the franchises and th...

    Eric’s Answer

    It's possible that your current employer would void the non-compete if they understood the situation. That being said, it would probably be a good idea to have a lawyer look over your non-compete to fully educate you on the law in Ohio as well as to evaluate the enforceability of your current agreement and advise on what your best strategy is moving forward.

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  • LLC and licensing in Florida

    I have a property management co in which I rent properties that are under my LLC in the state of Florida. Do I need a license from the STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION also ?

    Eric’s Answer

    You do need to make sure that your business is properly licensed to do business in the state where you are located. In Washington state, for example, a LLC/Corp. has to have a master business license from the state, as well as a business license from the local city or town where you are doing business.

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  • Can a corporate veil be pierced for only 1 of 2 partners in an LLC?

    If there is a lawsuit against a corporation that had 2 partners, and the plaintiffs are using an alter ego claim to make both personally responsible for any damages, if one partner did something that would substantiate the piercing of the corporat...

    Eric’s Answer

    Not necessarily. Piercing the corporate veil is difficult and generally depends a lot on the specific facts of the situation. If you are concerned I would consult a local attorney who can advise you as to your own personal interests (as opposed to provide counsel regarding your entity).

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  • Can I stop the dissolution of my company and find assets other shareholders have hidden from me Long Island NY

    Im 40% owner of a corp. and VP there is another 40% holder who is press. a 10% who is treasurer and a 10% who is sect. There is no corp kit no bylaws no shareholders agreement. 14 days ago we had a fight. they told meI couldn't come back and i wa...

    Eric’s Answer

    You need to consult a lawyer ASAP to protect your interests and to regain access to any records you are entitled to. Considering your potential exposure on the lease you really need counsel representing your interests immediately.

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