Been divorced for a year, I a going to bye him out once he sells the house. I've asked for my share of the profits and he keeps ignoring me. Also I have never seen the tax papers or signed any. Am I also liable for any false information he reported?
It sounds like you are in a difficult situation. You probably need a lawyer who understands both divorce law and business law to help untangle it. The answers are tied up in how the divorce decree works with the corporate documents for the business. Without knowing more details, it would be hard to give you a thoughtful, useful response on Avvo.See question
Fed, with such a huge requirement, it seems obvious they are hiding information. Is there a requirement they use a reasonable agreement?
Confidentiality terms can be imposed by a court (for instance, if the information is particularly sensitive or consists of trade secrets) or assumed voluntarily, but there's no requirement that you otherwise have to sign one to get discovery information. On the other hand, so-called structured negotiation processes (also called planned early negotiation, structured settlement discussions, early dispute resolution and a host of other things) do acknowledge that a voluntary exchange of information can shorten the life cycle and expense of many disputes. In those kinds of processes, people do agree to NDAs in order to get relevant information on the table, although they agreements are usually heavily negotiated. Ask your lawyer if that's what's going on. If you need to disclose anything and you end up signing this agreement, consider requiring the other party to sign the same agreement.See question
Hey guys! Thanks in advance for the help. I have been a member of a 2 member LLC partnership for the last 2 years. I am the majority owner with 51% and he ha 49%. We just decided to split and go strictly freelance on our own, and we had no o...
You definitely need a lawyer for this one! I agree with my colleagues. There are a few different ways you can approach it strategically depending on the details. For instance, people generally don't have a right to buy out partners but in this case you might be able to dissolve the LLC or say his leaving constituted a withdrawal. Your goal should be to set up a negotiation over price, if any. Depending on your business, the "fair value" (standard for withdrawal under MGL ch. 156C s.32) may only be the balance in his capital account; that's something we see a lot. As part of the settlement, you'll also want to deal with customers, IP, employees, any assets he's taking (credited toward the price), etc.; any restrictions on either of you competing with each other; and whether to agree to release each other and not sue for things that happened in the past. Good luck!See question
My husband and I sued a company signed a settlement agreement but it's taking forever to get seen in court to receive the settlement check what are my options ? We are in MA and our court date keeps getting pushed over and over again and I feel ou...
Litigation can take a very long time, with strange delays throughout the process. Who is pushing the date out, your lawyer, the other lawyer or the court? I'm curious about two other things as well: why the settlement needs court approval (they don't always) and why your attorney has left the impression he is being "dirty." Lawyers do sometimes fail to live up to high professional standards but often the problem lies in communications. I'd start by asking your lawyer to give you a clear, no BS answer on why the delay and if you're not 100% satisfied with the answer get input from another lawyer who knows all the facts.See question
I am a freelance designer asked to sign a new contract with my client with two clauses that give me pause: indemnity and non-compete. INDEMNITY. Consultant shall indemnify and hold X its affiliates, and their officers, employees, agents and s...
I hate to give you a non-answer, but the answers to your questions are way too complicated to be able to give you a good response on Avvo. I'd suggest speaking directly with a business attorney. There are a number of technical limitations you can include if your bargaining position allows. Depending on the project and your role, you might even be able to push back completely on the noncompete.See question
I am looking at several ecommerce companies and they have amazon accounts as well. I would like to structure the company purchase so the amazon account is retained once I own the company.
I agree, you should speak with a business lawyer, but often when you purchase an entity as a whole (like buying the stock of a corporation instead of its assets) its accounts and licenses stay intact. Your specifics may be different - I'd have to see the documents.See question
Most of the companies I work with will be in board and advisory board roles for a mixture of equity and cash. I am represented by a speaker's bureau and speak for cash that is paid through them (an LLC). And I will have 2 to 3 consulting contracts...
There's not necessarily a "right" or "wrong" answer, although many lawyers would say that it can't hurt to add an extra layer of liability protection. Whether it protects you from individual errors & omissions liability is a question I can't answer from the facts presented. Note that if you are getting options, some companies' options plans might get in the way of giving options to an LLC rather than you directly, that if you ever bring someone else into a business organized as an LLC you will have to deal with what happens to pre-admission equity investments and that you may find yourself keeping the LLC alive long after you move beyond this business in order to manage equity that has restrictions on transfer to the LLC owners. That's a long way of saying you are best off speaking with an attorney.See question
I am a 49% owner in an LLC in MA. My partner is 51%. She is also my X-Fiance. Things have become very hostile in the workplace as well a no communication except email. I recently told her that I was resigning as President. Things became ...
Sorry for your uncomfortable situation. I agree that you are best off asking a lawyer or mediator to help sort things out. You might even consider a Collaborative Law process, where specially trained lawyers use structured negotiations to help navigate the interpersonal minefields that stand in the way of resolution. The concern I'd have giving you more specific advice is that the operating agreement, if any, and the LLC statute can overlap in strange ways. You may or may not be personally liable for business debts depending on the documents you've signed (for instance, you may have an obligation under a personal guaranty of the lease, but it's probably not a fiduciary obligation as an LLC member). In any event, the courts are not inviting places for these kinds of "business divorces," so negotiation often works best for all.See question
I filed a lawsuit and cannot stop them from doing this. Is this criminal? I am paid nothing, yet pay their taxes. They also are not paying out all the income end of year. Is this civil, criminal, etc. what is the penalty?
Mr. Glovsky is right. The bottom line for you is that the company documentation may give you enough ammunition to encourage the company to make at least a minimum distribution to cover your taxes. There could also be grounds for a civil suit depending on what the company is doing with the cash, although that could be a slow and expensive process. If you do go down that road, in a case like this I'd think of litigation as a tool to bring the company to the negotiating table rather than something that is likely to lead to a cost-effective resolution in court.
In answer to your last question, based on what you've written it's purely a civil matter, not criminal. It doesn't sound like there are grounds for a civil penalty.See question
I see that the Terms of Service of many web sites specify a court location for legal disputes. If I have an LLC registered in Delaware for a web based business that does online transactions only. Is it ok to specify a court location that is in ano...
Generally, yes, if there's a connection to that state. However, in most states in order to go to court you'd need to register as a foreign LLC. You might need to do that anyway depending on your business. I'd definitely speak with a lawyer to be sure it was all done in a way that's enforceable.See question