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Pradnya Pradhan Desh
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Pradnya Desh’s Answers

48 total


  • I may need a lawyer specializing in international law. I was held against my will in a mental hospital in Madrid, Spain.

    I was injured on a bus by a Romanian man and further injured, slapped, handcuffed, stripped naked by 5 EMT men who used cruel and unusual force, almost killing me. I was driven to the Jimenez Diaz Mental Hospital, against my will. I had prepaid ti...

    Pradnya’s Answer

    I'm sorry to hear about what happened to you. It would be wise for you to discuss this matter with an attorney in Spain, or a US attorney also qualified in Spain. I recommend starting with Citizen Services of the US Embassy in Madrid. They will be able to give you useful information, and may be able to give you a list of attorneys other Americans recommend in Madrid. Their website is: madrid.usembassy.gov/contact.html. Good luck.

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  • L visa

    I am living in India and running Law firm. Most of my clients are from US who have legal issues in India. I want to set up a branch office in US that would allow me to serve them better. I would like to find out if it is possible for me to set up ...

    Pradnya’s Answer

    Washington state allows foreign legal consultants subject to registration requirements and some restrictions. However, there are other options. My firm, like yours, works with clients who are based in the US and are doing business in India. As required by Indian law, we do not practice Indian law. There could be great potential for collaboration. (This answer does not pertain to legal advice, but if you wish to discuss collaboration, please contact me.)

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  • I want to start an investment company that invests internationally

    I want to start an investment company (LLC) that invests in international fixed bank products (a very narrowly focused company). What do I have to do to setup this type of company? What Legal, SEC, IRS, etc. hurdles will I face?

    Pradnya’s Answer

    • Selected as best answer

    You will need to consider several bodies of law including securities, tax, business/corporate, as well as securities and foreign investment rules for the countries in which you plan to invest. The issues are complex and require careful management. For example, we are setting up for one of our clients, a fund that is narrowly focused on a particular type of investment in India, using money from the US, China, Malaysia, South Korea, and Turkey. Proper structuring at the outset is key.

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  • Will there be some tax issues if my company pay my supplier in China to his personal account?

    My company is planning to pay supplier in China, but that supplier does not have company's bank account, only has his personal account. He will send me an invoice. Will there be some tax issues if my company pay this supplier to his personal acco...

    Pradnya’s Answer

    I agree with Mr. Melchionna that it is common for Chinese companies to commingle business and personal funds, and that this will not be a problem for you as long as their invoice and your accounting are accurate. However, I am a bit more worried that it sounds like you may not have a contract in place (or PO with term and conditions) that addresses the many issues you have agreed upon--treatment of your trademark, specifications regarding quality, non-disclosure etc. That could be very important in both setting expectations, and protecting you if unexpected things happen. I strongly recommend that you have a contract that is enforceable in China and in the US.

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  • Non Payment from Client

    We are a software services company from India. One of our client in North Carolina owes us a balance of 30 grand and is not responding to any emails or phone calls for the last 3 months. Seems he has went out of business (His company status in NC ...

    Pradnya’s Answer

    It must be frustrating dealing with a non-payment issue from so far away. Our firm, Desh International Law, focuses on international law, and regularly works with Indian and US companies. However, in this case, you should find a North Carolina business litigation attorney to handle this for you. If you need help finding one, feel free to email me.
    Good luck!

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  • Is it legal for a UK talent agency to converse with a US writer if the emails are sent from California whilst there on a Visa?

    I was born in the UK & set up agency that complied with UK laws. When I visited CA on temp Visa I occasionally used agency's UK email, such as pitching an ad campaign to a UK co. This was sent by my US wife who became an agent for UK agency. e.g. ...

    Pradnya’s Answer

    If you are being sued in California, please hire a California attorney right away and don't post any more information regarding this matter on a public website. It would not be impossible for opposing counsel to find and use the information you posted. Avvo has several great choices for such attorneys in LA. -It looks like one of them submitted an answer to your question. If you need a referral, I will be happy to introduce you to the excellent attorney that we use for such matters in LA.

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  • Is it legal to import snow skis directly from Europe to United States and sell?

    My partner is a authentic wholesale dealer of snow skis in Europe. Can I import snow skis from Europe directly and sell in US?

    Pradnya’s Answer

    Yes, you should be able to import the snow skis as long as you comply with import requirements, including labeling. If you need a referral for a good customs broker here in the Pacific Northwest, let me know. As my colleagues pointed out, you must also comply with local regulations, pay applicable taxes, and choose an appropriate business structure. However, before you do any of that, your partner should look at the contract with the manufacturer. Does it only authorize sales within Europe? Are their other restrictions? You wouldn't want to cause your partner to breach the contract with the manufacturer by distributing in the US.
    I would be happy to answer further questions about this. Good luck!

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  • How can a US citizen legally borrow money from family who lives in Iran with all the current sanctions in place?

    I read an article on OFAC about "non-commercial family remittance" being allowed for transactions between Iran and US. So If I want to borrow money from my family in Iran to help me start a business, does that fall under the "non-commercial famil...

    Pradnya’s Answer

    Generally, OFAC has general licenses (that cover a class of activities) and specific licenses (that require specific approval). By looking at the non-commercial family remittance, you are trying to fit under one of the two applicable general licenses OFAC issued last year after the Iran sanctions were amended. General licenses have very specific requirements. I would need a lot more information to make a conclusion, but it does not appear that this transaction would qualify.

    I do agree with my colleagues that it is best to get an attorney who handles US sanctions law. Penalties for violating US sanctions are very high, which makes "do it yourself" risky in this body of law. Your attorney would gather all of the facts to see whether this fits under an OFAC general license or could help you apply for a specific license. My firm handles this type of work. Please feel free to call or email me, if you would like.

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  • Can we file a claim against REI for canceling a $79,520 order of built to order product?

    My company has been doing business with REI for 13 years. Last November (2012) REI said they need to cancel our last shipment of built to order hats and accessories. We said no, and shipped the order. REI has refused to process our order. ...

    Pradnya’s Answer

    When a buyer repudiates a contract, a seller generally may claim for a remedy for breach of contract. From the information that you gave us, you might have a good case. It would be worth taking all of your related documents to a business litigation attorney. Our firm handles this type of work. Please give me a call at (425) 646-2389 or send me an email if you would like to set up a complimentary consultation.

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  • CE marking violation in the UK

    Hello, I'm currently interning for a non-profit social enterprise that designs and distributes wheelchairs for people in the developing world. We recently had some customers purchase wheelchairs from us via our website, and had them shipped to...

    Pradnya’s Answer

    Generally speaking in the EU, manufacturers and importers can both be held liable in an action for product liability. However, you might have a more immediate problem. A CE marking is required for import of medical devices into EU countries. The customs authority might not allow the wheelchairs to enter the UK.
    If your organization needs help checking if the wheelchairs meet the requirements so that you can put a CE mark on them, feel free to email me.

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