Andrew N Harris’s Answers

Andrew N Harris

Portland Corporate / Incorporation Lawyer.

Contributor Level 11
  1. What are the correct legal actions to take to start a business and build a brand with clothing and accessories?

    Answered about 1 year ago.

    1. Andrew N Harris
    2. Judy A. Goldstein
    3. Bruce E. Burdick
    4. Gerry J. Elman
    5. Frank A. Natoli
    6. ···
    7 lawyer answers

    You're in a classic startup situation of choosing the correct corporate entity. You could get piecemeal advice on this forum, but you're going to get the best result by just working with a local business / startup lawyer in your community and paying that person for this advice. If I were you, I'd run a search on avvo for such a lawyer and call him or her up. You'll need to present all of the facts of your particular situation to that person in order to get the best answers. I know that sounds...

    6 lawyers agreed with this answer

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  2. If an Employment contract required a 30 day notice by either party to terminate, what's my recourse if I was given 1 day notice?

    Answered about 1 year ago.

    1. Andrew N Harris
    2. Kevin Elliott Parks
    2 lawyer answers

    Often times the recourse, if any, will be explained in the employment contract itself. Start by looking there first. Also, if your contract requires 30 days notice to terminate, then the 1 day notice provided to you isn't sufficient and the contract isn't necessarily terminated. You should probably just contact a local employment lawyer and show the employment contract to that lawyer. That'll give you the best, and most accurate, answer to your question. Either search Avvo for employment...

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  3. My partner wants out of our S Corp and agreed for me to buy her out at $1. what do I do next?

    Answered over 1 year ago.

    1. Andrew N Harris
    2. Stanley N Zahorsky
    3. Tricia Dwyer
    4. Dana Howard Shultz
    5. Michael T Warshaw
    6. ···
    6 lawyer answers

    The sale of shares between co-owners in a small business is relatively common, and can usually be accomplished with a stock purchase agreement. However, that assumes that the shares were properly issued to your co-owner from the outset. You should consult with a small business lawyer in your area to help you put together the correct paperwork to document the buyout. You may also want to consider having the company buy back the shares, if you want to have those shares available at a later date...

    7 lawyers agreed with this answer

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  4. What kind of attorney(s) do I need to consult before entering into private practice as a marriage and family therapist?

    Answered over 1 year ago.

    1. Andrew N Harris
    2. Kevin C. Murphy
    3. Michelangelo Scafidi
    3 lawyer answers

    You should talk to a small business lawyer to help you set up your LLC, or any other type of entity that might be best suited for you. Once that's done, the type of insurance you'll need will depend on your particular practice -- that might be a question best answered by colleagues in your profession, or by the governing body that gave you your license. However, discussions with a small business lawyer might also help you find the best answer. Most of your liability concerns will likely be...

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  5. What if I'm just now registering a business but it's product has already been in commerce?

    Answered about 1 year ago.

    1. Andrew N Harris
    2. Brent Allan Rose
    3. Daniel Nathan Ballard
    4. Bruce E. Burdick
    5. Frank A. Natoli
    5 lawyer answers

    It is not illegal to use a unique mark on goods in commerce even though that mark is not yet registered with the USPTO. In fact, trademark rights arise from use, not registration. However, the wisest route is to do a trademark search before adopting, and using, a new mark in commerce. That would ensure that you are not infringing on a trademark that is already in use.

    7 lawyers agreed with this answer

  6. Former employer says the company I just started belongs to them. Cant they legally just take over my idea and strip me of my ne

    Answered about 1 year ago.

    1. Michael Charles Doland
    2. Andrew N Harris
    3. Joanne Reisman
    4. James Oberholtzer
    5. Robert Scott Lawrence
    6. ···
    7 lawyer answers

    I tend to agree with Mr. Doland. Unless one is a high level employee at a company, there is little that company can do when that employee leaves to start a different business, especially a business that has nothing to do with the company. If your previous employer is threatening you, you should seek legal counsel to help you analyze in detail your particular situation and defend you, if necessary.

    5 lawyers agreed with this answer

  7. Copyright permission question: Can you use copyrighted web text to criticize or refute if permission has been denied?

    Answered about 1 year ago.

    1. Andrew N Harris
    2. Bruce E. Burdick
    3. Daniel Nathan Ballard
    3 lawyer answers

    I would be hesitant to include such a long quotation, especially since you have been warned not to do so, but short quotations will usually be considered "fair use," not copyright infringement. According to the Copyright Act, "fair use...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." So, you may comment on or criticize a work, and you have a fair use right to...

    4 lawyers agreed with this answer

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  8. Can I re-register a dissolved Illinois S Corporation as though it were a brand-new corporation?

    Answered over 1 year ago.

    1. Markus May
    2. Andrew N Harris
    3. John P Corrigan
    3 lawyer answers

    I don't believe that the Illinois Secretary of State would even permit the registration of a company by the same exact name. It appears that you have two options: 1) pay all of the back fees, etc., as suggested by the Secretary of State's office, if you wish to use that same exact name; or 2) start a new company and pick any other name that isn't already being used or otherwise protected.

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  9. I sold someone soda kegs on ebay

    Answered about 1 year ago.

    1. Andrew N Harris
    2. Kevin Elliott Parks
    3. Joanne Reisman
    4. Bruce E. Burdick
    4 lawyer answers

    It probably does not matter, but you may want to provide some more facts (such as how you came to own the kegs). Even if the kegs did, at one time, belong to Coca Cola, that does not mean they automatically still belong to the company even if there is an engraving. The kegs are property, and, as such, can be freely sold, donated or conveyed away in any other manner. Engravings don't change that.

    4 lawyers agreed with this answer

  10. Can I sell a painting of a bottle of whiskey?

    Answered about 1 year ago.

    1. Andrew N Harris
    2. Alan James Brinkmeier
    3. Daniel Nathan Ballard
    4. Bruce E. Burdick
    5. Michael Charles Doland
    5 lawyer answers

    Yes, as Mr. Brinkmeier stated.

    4 lawyers agreed with this answer

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