Joseph M. Campos’s Answers

Joseph M. Campos

Seattle Securities Offerings Lawyer.

Contributor Level 6
  1. Gift card expiration

    Answered almost 7 years ago.

    1. Joseph M. Campos
    2. Okorie Okorocha
    2 lawyer answers

    No, except in a few instances. In 2004, legislation was enacted in Washington prohibiting expiration dates or any service,dormancy or inactivity fees on gift certificates. The are some exceptions to this law for non-profit corporations, financial institutions and artistic and cultural organizations. The 2004 law also changed the responsibilities of Washington gift certificate issuers with respect to abandoned gift certificates. Prior to the new law, the value of abandoned gift certificates...

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  2. Employer requesting employees sign a non compete agreement, under WA law is this required

    Answered over 6 years ago.

    1. Joseph M. Campos
    2. Naoko Inoue Shatz
    3. Bradley D Smith
    3 lawyer answers

    The general rule in Washington is that if you are already employed and your employer wants you to sign a non-competition agreement, the employer must give you some sort of additional consideration (e.g. a raise, a bonus, a promotion, etc.). Without additional consideration, such a non-competition is likely unenforceable. Continued at-will employment is insufficient consideration. The Washington Supreme Court most recently reviewed this question in a 2004 decision, Labriola v. Pollard. See,...

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  3. My partner just resigned as director, and is calling in what he calls a loan, the problem is the money was apart of the original

    Answered about 5 years ago.

    1. Joseph M. Campos
    2. Shawn B Alexander
    2 lawyer answers

    First, you should definitely consult with experienced corporate counsel. There may be provisions in the organizational documents of the corporation, including written stock subscription agreements, that may be important in analyzing the situation and determining the proper course of action. If what the former director calls a loan is really a partial payment on a subscription for 50% of the corporation's shares, the corporation may have a claim against the former director to enforce the...

  4. Selling minority shares in s-corp shares

    Answered about 6 years ago.

    1. Joseph M. Campos
    1 lawyer answer

    As a shareholder in a Subchapter S Corporation, it is possible you are a party to a Shareholders' Agreement or a Buy/Sell Agreement that restricts transfers of your shares. If you are a party to such an agreement, it may require you to first offer the shares to the company and/or the other shareholders, and may also provide that you have a contractual right to cause the company to buy or redeem your shares, though the latter is not a common or standard provision. If you do have a right to...

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  5. Claiming to be LLC business

    Answered almost 7 years ago.

    1. Benjamin Kirke Sanchez
    2. William J. Dyer
    3. Joseph M. Campos
    4. Brian J. Passante
    5 lawyer answers

    After a cursory review of the Texas Deceptive Practices Act, it does define "false, misleading, or deceptive acts or practices" as including the use "of the term "corporation," "incorporated," or an abbreviation of either of those terms in the name of a business entity that is not incorporated under the laws of this state or another jurisdiction." It seems logical that this provision should extend to the use of the words LLC in connection with a business that is not properly formed or...

    1 lawyer agreed with this answer

  6. Claiming to be LLC business

    Answered almost 7 years ago.

    1. Benjamin Kirke Sanchez
    2. William J. Dyer
    3. Joseph M. Campos
    4. Brian J. Passante
    5 lawyer answers

    The correct answer to your question is likely governed by Texas' limited liability company laws. You are not clear about why you gave this business $3,000. Did you purchase a product or service? If so, and absent any warranty, product liability or fraud issues associated with your purchase, you may not have any recourse. On the other hand, if you have a claim about the product or service you purchased you may still be able to file a lawsuit against the business, and the fact the business is...

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