Licensed psychologist debating between solo practice and corporation in CA. Cant understand why corporation would not protect "one's own actions" if one is covered under the benefits of the corporation. What about "associates own actions" under ...
A corporate entity will shield the shareholders from contractual claims (e.g., rent, employee claims, etc.), and negligence claims committed by someone associated with the entity other than the shareholder. For example, if an employee runs over someone with a forklift (granted, not likely in your line of business), the corporation may be bankrupted, but the shareholder's interests outside of the corporation will not be affected (assuming the corporate form is respected).
That is not the case when the shareholder personally participates in a tortious action. (Torts, for those who don't know, are actions of wrongdoing separate from a contractual relationship. Accidentally hitting someone with your car is a tort; so is negligently building something that later hurts someone, or making false assertions of fact that people rely upon (aka, fraud or negligent misrepresentation). The human beings that commit a tort are almost always liable, even if they work for a corporation or LLC.
Like doctors and psychologists, lawyers have professional liability insurance to protect us should something go wrong. That is essentially the same as "error and omissions" insurance. Even if I were to mess up something for a client, the insurance should cover the damages.
I am a Nurse Practitioner and obtain 90% of my annual income via W2 employer salary. I also perform some side work under my license as a surgical assistant with 1099 income of about $15,000 annually currently run as a sole proprietorship. Is it ...
Stay the way you are. Incorporating probably wouldn't help you with your most likely liabilities. The malpractice insurance is your best protection here. Further, the cost of a corporation ($800 a year, plus separate tax returns) would take a big bite out of this income.See question
We are shooting a 3-4 minute branded online media spot which highlights restaurants that are ethnic owned. Several of our interviewee's has tattoos. Do we need to get a release from the tattoo artist if the tattoos are prominent in the video? For ...
Hey, great question -- and very perceptive to notice that there could be some subtle legal issues here.
First, before the interview, ask the interviewee about the tattoos that can be seen in the video and their meaning. (Emphasize that you are not judging the tattoos -- you just want to make sure that there is no intellectual property issue.) The tattoos may be personal to them and they would have the full rights to them, or the design is already in the public domain. As a matter of reality, I think tattoo artists already know that the work will be seen in connection with the "tattooee" (if that is a word) -- it isn't going to be separated. If you have a specific concern, ask the person if they have documentation showing their rights. They probably don't but at least you'll have done your due diligence, and you can make a decision from that point.
I am a therapist contracted with Medicare and Medicaid. I was invited to print out a brochure, explaining what services I provide. Can I add to the brochure this line: "San Francisco Medicare Therapists" ? or do i need an authorization from t...
I think you could make this sharper and more accurate. First, your suggested tag line ends with a plural -- "Therapists." If you are the only one, then using the singular would be more accurate.
Second, I think you need to be more specific in what you do: "Authorized to accept Medicare"? "In contract with Medicare"? I think the more specific and accurate it is, the better it will be for you.
Many factories and stores are open on weekends and for long hours, if not 24/7, but are they only able to receive business calls Mon-Fri 9-5? I.e. to receive business proposals for products I could have to offer?
This is not a matter of law, but a matter of practicality. The buyers usually work regular hours during weekdays. You are not as likely to get the consideration you want if you don't see them when they are available. But that is a matter for you to decide, not a lawyer.See question
I work at a software startup and we are producing a launch video introducing our product. We got inspiration from an x-men movie and created our video based on some x-men popular character. Are we exposed to copyright infringement and what can we ...
Yes, you are exposed to copyright and trademark infringement by doing what you propose. There are some exceptions, but you don't provide any information that would seem to apply to them.
The solution is to get a license from Marvel. However, those are exceedingly expensive and difficult to get. As you are a software startup, I wouldn't think you have the funds available, and if you do, they are probably better used elsewhere.
Instead, you can take X-Men as an inspiration, but create your own, unique character that doesn't rely upon someone else's property. Creativity will make you stand out better from your competitors.
I am a Single Member LLC holder which I recently formed so unwary of the intricate laws. I need to hire an unpaid internee for 90 hours for 3 months. What paperwork should I ensure there are no legal complications. I do not have any revenue yet an...
What is the intern going to get in exchange for the 90 hours? It is one thing to do it for a non-profit or a governmental agency, where intern gets experience, contacts, and a line on the resume. It is another thing working for an unknown company. You could get into very big trouble with the Labor Commissioner here. Get a [paid] lawyer to work with you. If you can't afford to pay for good advice, you probably shouldn't be in business.See question
Over a year ago my partners and I had filed a provisional patent. During that time one of the partners decided to pursue some companies to manufacture or invest. None of them contacted us but did view the product via email several times. Now the p...
1. You say that your partners filed a "provisional" patent, but there is nothing that says that you followed up with filing for a actual patent.
2. You say there was an electronic posting, but you do not state what that posting is. It is probably not an award of a patent, as that is kind of a big deal with all kinds of fancy stuff.
3. You absolutely need a patent lawyer to help you out -- it is possible that it is already too late. One thing more expensive than a patent lawyer is not having someone qualified to review your work and help you with the legal end. By all means, please, get a patent lawyer. If you already have one, then address your questions to the lawyer.
financing? She has bad credit and needs me to put 50k down to secure a biz loan for 400k from Creative Capital Partners http://www.ccpbusinessloans.com/. The 50k would go into an escrow account. Assuming she is approved for a loan from them, I...
Any scenario that requires the SELLER to put down $50,000 -- as opposed to just taking payments later -- and the buyer puts down nothing sounds sketchy to me. I've seen a similar transaction go very, very bad. You've got to have a lawyer in the LA area review this very, very carefully. If you think that's too expensive, just wait until you don't get paid -- that's really, really expensive.See question