Business attorney: From September 1,2013, I started a store with 50% shareholder in Lexington, KY paying $45000.00 as a good will and $17000.00 for inventory. I started business with a guy who showed me 10 years of lease agreement. Lease started on sept 1 2013 and in the same month, sept 10 2013 landlord did a purchase agreement with a buyer and sold a store with that agreement. Though they sold store from that agreement done on sept 10 2013, but they let us to run till October 2014 and now new buyer want to reconstruct a building and we are out of business. My question is who will pay my goodwill faith money? Seller said " guy who got lease from you and gave you sub-lease got that money and he must pay that" So can I go to court to get that money? I need right solution and a lawyer to get my money back?
William’s answer:
I'm afraid your question isn't very clear from the limited space in which you have to describe it. It also sounds too specific for an answer here on Avvo -- this forum is more for general questions about the law, not legal advice regarding specific legal issues or disputes.
You'll likely need to sit down with a lawyer here in Lexington to discuss the matter. Feel free to contact me if would like to discuss the matter in a free consultation. Or you might wish to browse Avvo's "Find a Lawyer" section for Lexington area business and commercial litigation lawyers. There are a number of very qualified lawyers listed on Avvo that may be able to help you.
Will Montague
Can I file a motion to alter, amend a civil suit without a lawyer?: Do I have to have an at tourney to file a motion to appeal a judgement?
William’s answer:
In Kentucky, a person generally does not need an attorney to represent him/her as individual in civil litigation, and the person can file a motion to alter or amend or an appeal (which are two different things) without an attorney. However, as Ms. Ries indicated, if the party is a business entity of some sort (corporation, LLC, etc.), a non-lawyer is not permitted to represent the company in litigation. So if you're in a Kentucky court and are referring to a business entity as the party, you likely do need an attorney (even if it's a tiny, one-person entity).
Hope this answers your question. Good luck!
When is it legal to use someone's email address for marketing and when is it not?: For example, my client has thousands of email addresses that he's collected from customers through business transactions. His aim is to use these transaction emails legally to invite his customers to sign-up, "opt-in," for his commercial emails. He is looking to understand the regulations related to the collection and use of emails, so that he can use this understanding to guide him in regard to his current situation -- and possibly, similar situations in the future (e.g., When, if at all, can he "cold" email someone?). My question is specifically focused on the legal regulations related to collecting and using email addresses and not on how to send the emails (e.g., avoid deceiving headlines, add an unsubscribe link, etc.). Any citations you can provide would be greatly appreciated.
William’s answer: It sound to me like your client's use of his email list should be fine, but you'll want to look at the federal CAN SPAM Act, 15 U.S.C. § 7701 et seq., as well as any similar state laws. Here's a link to a good FTC guide for businesses, which should be helpful: http://www.business.ftc.gov/documents/bus61-can...