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Deanna D. Clark-Esposito

Deanna Clark-Esposito’s Answers

183 total


  • I was wondering if this would be in breach of patent, copyright, IP or any other similar law ?

    Deanna’s Answer

    Great answers above, one other caveat to bear in mind is that the product, if a shipment is destined for importation to the US, could also be subject to seizure by US Customs. To make better sense of this issue you should speak with an international law attorney that handles customs and global trade matters.

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  • International business/contract

    Deanna’s Answer

    Hi, The nature of the contract will determine the costs as not all contracts are created equally. E.g., if you want an exclusive distributorship, or to have proprietary information safeguarded, a sales agreement for a specific region, automatic clauses for termination, specific delivery and incoterms, etc., the complexity of the contract will affect the price. You need to also remember that transactions with foreign companies also give rise to other nuances you would not face with domestic one.

    Lawyers typically charge on an hourly basis and should be able to give you an anticipated range for the service based upon your description to them. If you are uncertain about the kind of contract you actually need, an attorney may suggest you do a paid consultation first, or if you find you like the attorney and want to use them, then you can expect to pay for such time that conversations are had analyzing your anticipated business transactions so that the contract may be drafted accordingly. You should be cautious if someone offers to do this for a flat fee as there is usually more to the attorney-client relationship for an international business contract than the drafting of the agreement itself. You will have follow up questions and a significant amount of back-and-forth with the attorney as well, both during drafting as well as for any negotiations with the other side or just clarifying questions and amendments they may have with it. Just note that until you actually describe what you're seeking in terms of the agreement with the other party, an attorney cannot give you a realistic price. Then of course, once you begin the actual deal, you have ongoing trade compliance (whether a good or service) obligations, so you may want to find an attorney who understands this dimension of global business as well.

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  • What are my options with a Licensee, under contract, who is diminishing my royalty potential by not producing enough product?

    Deanna’s Answer

    You may have remedies but if in fact, this subject is not addressed in the contract or other terms and conditions, then depending on under which state's law the contract is subject to, you will need to speak with local counsel on finding a resolution as legal research on this issue would likely be required.

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  • What rights do I have as an Independent Contractor working for FedEx even though they claim I do not work for them?

    Deanna’s Answer

    I agree with my colleague above that you need to speak with counsel, as depending on the terms of your agreement and the nature of your business, you may be limited in what you can do in part, based upon e.g., DOT or state-specific requirements, if anything you're transporting is for a foreign ultimate destination or consignee, or depending on what you're transporting, including what my be considered Hazmat or DG, as the risks will vary and FedEx likely has different agreements for different ICs. These are details which cannot be gleaned from an AVVO description.

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  • What are the laws and regulations regarding setting up a for-hire driving business?

    Deanna’s Answer

    Hi, so this would be more like a taxi than bus service? Have you looked at the NYC taxi and limousine Commission's website yet? They would have links to other regulations. As an aside, you may have unaware tax consequences that you should figure out within those other states as your business dealings may lead to enough exposure to where you create a "nexus" within the state which would result in you paying corporate income taxes in that state.

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  • What do I need to do to start an Online Life Coaching Business In New York State

    Deanna’s Answer

    Hi, you'll want to have an agreement that covers many areas, including the clients sign off on that acknowledges that working with you could bring up some things which may require they seek out licensed professional help, and that they agree to do that. In addition, you'd want a contract drafted that allows the participant to acknowledge that they are assuming any risks associated with coaching itself. It could be a relatively short agreement but you should have that in order to protect yourself against possible lawsuits from either the participant, or their family who may sue following the death of their loved.

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  • I have formed an llc..do I need a business license as well for an online clothing store?

    Deanna’s Answer

    Hello, in case you weren't aware of it, you need to make certain disclosures about wearing apparel on your website itself. You can learn more by going to www.ftc.gov. Also, the FTC just increased penalties for a bunch of regulations, some of which can be found in this article here: http://bit.ly/FTCapparelviolations

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  • We plan to import silicone breast pumps for sale in US. What are the labeling requirements that we need to be aware of for FDA?

    Deanna’s Answer

    Hello, labeling aside you will also have good manufacturing practices and record keeping obligations to comply with, among others, for FDA compliance. These will be separate from your import compliance obligations. You really should have a complete product assessment done to cover both product requirements, so you can instruct your manufacturers accordingly, as well as import ones, as the penalties can not only be steep, but if you don't get the FDA labeling portions correctly at the time to goods are imported, you run the risk of losing the entire shipment to a seizure and get hit with penalties from US Customs on top of it. Given that this can be an expensive mistake, you should seriously consider investing in some product and import compliance work from an international trade attorney. When are you planning to start importing?

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  • How long does it take to get export control license for a new hire of a big computer technology company?

    Deanna’s Answer

    Hi, Timeframes can vary depending on whether or not you submit all of the relevant information at the outset or if you need to go back and forth with the agency. That may also not be readily apparent at the outset since they can come back with questions you didn't think were in need of answer. Every case is different depending on the person and the circumstance for the license. As you've noted, the country for which you're seeking the license, plays a role as well. In your case, if you're dealing with dual use issues and encryption technology these factors can have an impact too. In my experience, you definitely need an attorney who knows about licenses and exports and restrictions as these are complex to do and obtain. Have you already submitted the application?

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  • How can I make sure my imported food/supplement products are labeled properly and matches with US regulations?

    Deanna’s Answer

    Hi, attorneys who know about importing and exporting are called International Trade attorneys. You need trade (import) guidance, corporate/business set up, and export (a different body of law) guidance. Food can be complex but dietary supplements are even more complex and if your "vendoring" the business includes sales to overseas markets, the FDA requires you to obtain a certificate in advance in order to do so. You need an import compliance overview done for you so you don't get in to costly trouble before you get started and so that you understand what to do for future reference. Any sense of what the duties are on the goods you want to import? Those costs should be factored in too so you can set the correct sales price.

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