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Questions Answered by Expert Michael Brady

Subject	Date Asked
Old debts from LLC to Inc	2/7/2012
Q: We atarted a construction business in Washington State 8 years ago as an LLC, I owned 100%. We ... A: John, You should hire an attorney to represent you in this matter. Generally, the members of an LLC ...
Eviction filed by LLC dismissed	1/27/2012
Q: I have filed two evictions for a property owned by our LLC. The first eviction went through the ... A: Jan: It's hard to know what the judge objected to, based on what you have described. You didn't ...
buyout proposal	1/4/2012
Q: I am currently one third owner of a c corporation. We are trying to start the buyout process and was ... A: Ed, I can't urge you strongly enough to retain an attorney to assist your company in this buyout. ...
llc	1/2/2012
Q: we own three businesses can we put all three of them in an llc together A: Shelley: An LLC can certainly have three different lines of business, however you might be better ...
Acquiring Small Business	12/1/2011
Q: I am currently retired and have an opportunity to purchase a home in another state that has two very ... A: Tom, My first two recommendations to you are to find a good accountant and to find a good ...
s-corp - issuing stocks	11/16/2011
Q: I just registered an s-corp in CA. The corp is authorized to issue only one class of shares of stock ... A: Mindy: The Corporation may issue as many shares as it likes, up to the authorized amount of 1000. ...
LLC	11/3/2011
Q: Michael, Appreciate you taking my question. I reside in Maryland and until about 5-6 months ago ... A: Zach: It's difficult to say exactly what you would be entitled to at this point. If the business ...
admitting a partner into a partnership	11/2/2011
Q: If you state all partnership assets in terms of current prices at the admission of a new partner the ... A: Kelly Jo: You don't say what type of assets the partnership owns, which may impact how they are ...
closing a professional corporation	10/31/2011
Q: I would like to shut down my professional corporation. I owned my own Optometry practice for twenty ... A: Mary: Congratulations on selling your business! I hope you are able to enjoy your semi-retirement ...
Consignment	10/18/2011
Q: In February of this year the owner of a local high-end and reputable gift store in MA invited me to ... A: Karen: You haven't mentioned whether you have a written agreement in place with this consignment ...
501 (3) (c) open meetings	9/22/2011
Q: In suffolk county NY does a non profit organization 501(3)(c) have to have open meetings. We are a ... A: Adam: The Open Meetings law generally applies to government bodies (see this link for the Open ...
default on business loan - can I go to Jail	9/20/2011
Q: I obtained a business loan to buy items for resale. When the economy went south so did my business. ... A: Anne: Generally, defaulting on a loan would not be a crime. There would need to be allegations of ...
photography	8/31/2011
Q: but here goes: I am creating a calendar. I have a bunch of models that are going to pose for the ... A: Lori: Your instinct is correct--you should have the models sign a release form to protect yourself. ...
Verbal Agreemant	8/24/2011
Q: I was in business with a friend of mine for seven years. we started out great but then the last four ... A: Albert: It's hard to say what exactly what you're partner is entitled to. If you didn't have a ...
Use of government logo's	8/17/2011
Q: I make customized glass bowls. I have just received a request to make a retirement gift for someone ... A: Melinda, Check out this website: http://www.usa.gov/copyright.shtml . It indicates that "You ...
Breaking Contracts	8/13/2011
Q: Can you tell me if it is illegal to break contracts? I know you can get sued, but would it be ... A: KC: Usually the parties to a contract must sue each other for breach of contract and other legal ...
Validity of a Contract	8/12/2011
Q: In California, how does penned-in information in a contract by one party to a contract, unsigned by ... A: John: I am not licensed to practice law in California, so you should consult directly with someone ...
Corporate Resignation	8/10/2011
Q: My husband and I own an "S" Corporation company together 50/50. We are in process of starting ... A: Cyndie: You didn't say what state you are from or what state the corporation was formed in, so ...
Purchase Offer Agreeement	8/6/2011
Q: In review of a current Purchase Offer, there is an item for asset allocation that basically states ... A: Brad: The custom may be different in Nevada, but in my experience the allocation of the purchase ...
salary deferral	7/31/2011
Q: My sister agreed to defer substantial portion of her salary at a start up company. This went on ... A: Patricia: You should immediately contact a California attorney who focuses on employment law ...
breaking a contract agreement	7/21/2011
Q: and thank you ahead for reviewing this. I intended to sell my car a few weeks ago. I found a buyer, ... A: Keith: I believe that reviewing the specific provisions of your contract is outside the scope of ...
LLC	7/19/2011
Q: Michael, Thanks for taking my question. I am part of an LLC legally registered in the state of ... A: Harrison: I am not certain how Maryland would treat the non-payment of the renewal fee. Many states ...
enforcement of verbal contract in FL	7/15/2011
Q: I was asked by a local high school dance team coach to be the assistant coach of their dance team ... A: Taylor: You should check Florida's statute of frauds, which will provide the types of contracts ...
Contract question	7/6/2011
Q: I have a 4 year contract with a private hospital, in the past 6 months, the terms of the contract ... A: Tina: The answer to your question depends on the terms specified in the written contract. If the ...
Contract Withdrawal Provision	6/28/2011
Q: I have a tuition contract for my daughter's private school that includes a withdrawal policy stating ... A: Denny: I would say that the clause is enforceable. If you signed the contract on July 1, you ...
Manager managed LLC in NV	6/20/2011
Q: If the LLC members have an official meeting to appoint a manager does the paperwork appointing the ... A: Mark: I am not familiar with Nevada law, but I can tell you that New York (where I am admitted to ...
Sole Proprietor Question	6/12/2011
Q: I am a sole proprietor. I sometimes hire sub-contractors/freelancers to work for me. Otherwise I am ... A: Kris: You don't state whether you operate your business in an entity, such as an LLC or an S ...
Partnerships	6/10/2011
Q: My business partner is wanting leave the company,which is a LLC, but we our 50/50 patners. I would ... A: Eugene: You should consult with both an accountant and an attorney. Actually, you and your partner ...
LLC and the Practice of Law	6/10/2011
Q: Can an LLC be involved in the practice of law? Another way of putting it, can a law firm be set up ... A: John: I am not a California attorney, so I can't say for certain whether CA permits law firms to be ...
LLCs, Corporations. Etc	6/6/2011
Q: I understand that there are several types of business corporations which are designed to shield the ... A: Frank: As I said, you raise some good points. Realize that for the most part, an LLC or a ...
LLCs, Corporations. Etc	6/4/2011
Q: I understand that there are several types of business corporations which are designed to shield the ... A: Frank: You raise some valid points. However, realize that corporations and limited liability ...
Small business conflict	6/2/2011
Q: I own a Mexican restaurant in Los altos CA. How can I stop another Mexican restaurant from opening ... A: Jacob: First off, please realize that I am not familiar with California law, and there may even be ...
Law Corporate Question	5/30/2011
Q: I have a question. I own 20% of a company and have a daughter, if something should happen to me ... A: Phillip: In order to ensure that your share of the company and your other assets are distributed in ...
Repair complaint	5/17/2011
Q: My dad recently verbally entered into a contract to install a sun tunnel into a home owners home (in ... A: Sara: I'm not familiar with California law, so you should consider consulting with a California ...
JV agreement question	5/1/2011
Q: I own a small business and will be out of commission for several months (medical reasons). I've been ... A: Aly: You should review with an employment/labor law attorney and your accountant whether your ...
Corp Naming	4/27/2011
Q: Can you tell me if a corporation in one state can choose the same name as a corporation in another ... A: JB: Yes, it is possible to choose the same name that a different corporation has in another state, ...
50-50 business dissolution	4/19/2011
Q: My husband and his 50-50 partner are ending there business after 14 years due to slow work. However, ... A: Hope: Your husband should contact an attorney and review any agreements that may be in place ...
photographs and plagiarism	4/15/2011
Q: As a freelance writer, can I use a photograph on the internet to submit an article about it to my ... A: Daniel: I'm not sure I understand your question. Is the intention that the photo will accompany ...
50/50 llc partnership and partner is getting divorced	4/5/2011
Q: My buddy and I started an llc partnership in IL a year ago for our website message boards. The ... A: Christian: Your friend must find a way to hire an attorney. He should contact the local bar ...
contract dispute	4/5/2011
Q: A company sent me a written contract for less than I bargained for, I called them back the same day ... A: James: I would need a lot more information in order to guide you with regard to this question. ...
Chapter 11	4/2/2011
Q: If my landlord files bankruptcy then what would happen to my 10 years lease. Would I be able to ... A: Shah: Bankruptcy is a very complex area of law and if your landlord is filing under Chapter 11, it ...
Medical business structure question	3/22/2011
Q: What are the general legal restrictions for medical services on a jointly held corporation if at ... A: Israel: I don't know for certain the answer to your question, but the answer should be easy enough ...
Personal Contract	3/9/2011
Q: I didn't really see a catagory where my question fit in. Can you tell me what kind of personal ... A: KC: It really depends on what is being sold. Given that the purchase price is being paid over ...
Suing a government entity	3/3/2011
Q: In general, can a local government body be sued for wrongdoing, where their wrongdoing caused some ... A: David: In my experience, state governments have immunity under the 11th Amendment to the ...
withdrawing from an LLC	3/2/2011
Q: Our family is going to have a 6 member LLC registered in CA. It will be for commercial rental ... A: Cindy: I'm not a California attorney, so I can't answer your specific question about the ...
selling business restaurant	3/1/2011
Q: looking for a format of a sales contract selling Quiznos rest with down payment and 21 months of ... A: Jean: When selling a business, you should always work with an attorney. This is especially the case ...
PLLC	2/28/2011
Q: Myself and another colleague are starting a therapy practice(PLLC) I am wondering if we would be ... A: Patty: Congratulations to you and your partner in starting your new practice! First a point of ...
contact	2/22/2011
Q: I have a question about my contract. I find a new job A and sign the contract. I also submit ... A: James: You really need to sit down with a labor law attorney to figure out what your rights are in ...
law terminology	2/11/2011
Q: Brady, Is there a law term for a contract that is one-sided other than perhaps overly broad or ... A: Ed: The term I believe you are referring to an "unconscionable contract." If a contract is found ...
Started a business	2/11/2011
Q: I started a business and although i put all the time into design, she put the money in. i was ... A: Nicole: There's no "right" answer to this question and the issue of fairness is subjective. If you ...
Maryland telecommunications contract length	2/10/2011
Q: I heard it through the grape vine that in the state of Maryland, a telecommunications service ... A: Marc: As I am not a Maryland attorney and I don't have any experience in the telecommunications ...
LLC Formation	2/6/2011
Q: I am looking buy a business in Nevada. Should I start my LLC before I make a purchase agreement.? If ... A: You can wait to set up the LLC until after you enter into an agreement. Just make sure that the ...
hostile takeover malicious defaul contract	2/6/2011
Q: i owned a salon and sublet 4 stations to stylists on 4 month contracts. one stylist upon suspecting ... A: Sheri: Your situation sounds very involved and is not well suited to being addressed in an online ...
LLC Formation	2/5/2011
Q: I am looking buy a business in Nevada. Should I start my LLC before I make a purchase agreement.? If ... A: Brad: Congratulations on purchasing your new business. Your question is more complex than you may ...
Guidance	1/30/2011
Q: Brady, I am planning on starting an LLC company that sells unique school items. Because I am only ... A: Patent law is a unique specialty and one I don't have any significant experience in. You are doing ...
Loan	1/20/2011
Q: I'm planning to start a small home-based business with my siblings. Since only two of us including ... A: Monique: Congratulations on starting your business! I wish you every success. You haven't mention ...
Starting A business	1/2/2011
Q: Brady My name is Alex and Ive been doing personal training for about 3 months now.I plan to make it ... A: Alex: Congratulations on starting your business. I wish you every success. The term "informed ...
Lien Waiver	12/31/2010
Q: We are doing business with a new General Contractor. We submitted final payment request on the ... A: The language of the first part of the affidavit is somewhat ambiguous and could be interpreted as an ...
credit card	12/27/2010
Q: I closed my credit card account 30 days before the bank post the transaction on my account. Do they ... A: You will need to look at the terms of the credit card agreement that you signed when you applied for ...
contract opt out	12/21/2010
Q: I signed a contract with a credit card processing company without fully reading the contract. after ... A: If you timely opted out of the agreement, then I think you have a good argument. However, the opt ...
Transfer a small corp. from father to son	12/21/2010
Q: I have a small printing business (California Corp.) which has been run by my son for the past 15 ... A: Howard--I do not have experience with California law. Regardless, with any transaction like this, ...
business law	12/20/2010
Q: I purchased a computer online. The vendor charged my credit card on the same day. However, the ... A: That's not necessarily true. The act of delivery of the computer and your acceptance of it may be ...
business law	12/14/2010
Q: I purchased a computer online. The vendor charged my credit card on the same day. However, the ... A: Additional information is necessary to fully answer this question. Most importantly, why did the ...
contract opt out	12/10/2010
Q: I signed a contract with a credit card processing company without fully reading the contract. after ... A: Without reading the contract, it's impossible to say what your obligation is. Look for a ...
Contract default expiration	12/7/2010
Q: I am wondering if there is a default time limit on an undated contract. In August, I entered into a ... A: Henry: The answer to your question is going to depend on several factors. First, you should look ...

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Michael Brady

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Expertise

Commercial contract matters

Experience

For over 16 years, I have practice law and have worked with both established, mature businesses, as well as start-up companies and aspiring entrepreneurs. Our work includes business formation, acquisitions, mergers and sales, partnership and shareholder agreements, transactional and employment contracts, real estate transactions, commercial litigation, bankrupcty, as well as business succession and estate planning.

Organizations
New York State Bar Association Suffolk County Bar Association Nassau County Bar Association

Publications
The Suffolk Lawyer The Nassau Lawyer Long Island Business News

Education/Credentials
Juris Doctorate from New York Law School Bachelor of Arts in Political Science from Binghamton University

Awards and Honors
Treasurer for Suffolk Academy of Law 2008-2010 Award of Recognition--Suffolk County Bar Association 2006-2010

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