Legal Questions and Answers

If you are a non-attorney who will be entering into a contract to be an advisor for a start-up, I cannot urge you strongly enough to have an experienced business contract attorney draft the agreement for you so that it strongly benefits and protects you, and also advises you on the business structure for your business, as well as what type(s) of business insurance you should buy to protect yourself. Some of the clauses you mentioned, such as a non-compete, protects the business, not you. The contract you submit to the startup should attempt to protect you to the fullest extent possible, not the other way around. The startup (if the people behind it are smart/and or being advised by an attorney) will attempt to negotiate some terms that benefit them. Also, be aware that certain provisions in contracts, such as non-compete clauses, are covered by statutes, and must be followed to be enforceable. I have been an attorney since 1986, yet I would never attempt to write a contract from scratch - even I would hire an experienced business contract attorney to handle this to protect me. I am not trying to "sell" legal help - there are many things lay people can handle successfully on their own. This, however, is not one of them. An experiened business contract attorney will have a boilerplate/well used template that he or she can pull out of their computer that will have a zillion provisions in it that won't occur to you, and will be in the contract as a result of the outcome of endless years of court decisions. It will actually cost you less to have the attorney come up with something for you than to try and write something yourself and have an attorney review it and try to edit it, or to represent you in court if things go sideways. I apologize - I don't at all mean to sound harsh in any way - consider my comments to be a "red alert" warning you of the danger you could be facing trying to draft something like this for yourself, especially if you're to be an advisor for a startup business of any sort. If you were merely trying to write a contract for the sale of a lawn mower for $100, I wouldn't have said anything but "find something on the internet." This is a far more dangerous situation than that. Best wishes to you, Merry PS These comments are submitted for educational information only; no attorney/client relationship has been formed, and taking on this matter is not something suitable for me.

In Washington State, for a month to month tenancy, a landlord must now provide two months advance notice in advance, in writing. More advance notice may need to be given if you have a lease or if you live in certain cities or counties that have additional protections for tenants. Here is an excellent, vetted source for legal information - if you scroll down this page, you will find all kinds of reliable information about renters' rights: https://www.washingtonlawhelp.org/topics/housing/renters If you end up writing a letter to the landlord on your own, I recommend (1) remaining polite and professional; (2) Don't try to "sound like an attorney,"; and (3) mail your letter through a post office with one letter going out by regular mail and one by certified mail, return receipt requested. If the landlord doesn't see the error of his or her ways, you may need an attorney to help you. There are attorneys who specialize in landlord/tenant law, a form of real estate law. If you are low income, contact legal services or a pro bono (free) attorneys organization for free or low cost hlep. Please be aware that landlords are prohibited from retaliating against tenants when the tenants are simply exercising their rights. Good luck to you.

Yes, you can appoint anyone you want as your executor of the Will.

The short answer is: likely yes. A contract is such that there has to be a "meeting of the minds" as to the terms of contract. Understanding that you were under some pressure from your employer to sign, there is likely a provision that says you read and comprehended the contract overcoming the argument that you did not understand. There are sometimes options to avoid the arbitration clauses, but they are state and contract specific. If the time comes when you think the arbitration clause is going to be trigger, speak with a local employment lawyer to figure out how to pull that trigger. Good luck.

The short is: absolutely! You should have a standard cancellation clause in your contract! I think there might be a broader issue w/r/t your agreement, and HIGHLY recommend you speak with an attorney quickly to make sure your contract is written to protect you in these and other adverse circumstances, while also making it so you client are comfortable with doing business with you. Good luck!

The short answer is: likely yes. The issue of your visa and owning a business are mutually exclusive. HOWEVER, you H1B visa is sponsored by your current employer, if you leave that employment without another visa, you have to leave the country. I HIGHLY recommend you speak with an immigration AND a business attorney to determine how the two issues may conflic, or how you can thread the needle so as to avoid issues on both matters. Good luck.

The short answer is: likley yes. The contract controls the relationship. I suspect the contract provides provisions that cover precisely this issue. Given your circumstances, a non legal solution is to talk to the other party and explain the concerns, and see if they are willing to negotiate another agreement so they get the payment and you get the services -- if on another schedule. I also recommend you consult with an attorney that specialized in contracs in your industry before things go south. Good luck.

The short answer to your question is (as always): it depends. Importantly, how are cause and without cause defined in your employment agreement? This is a very fact dependent question that relies on the agreement. I recommend you consult with a local employment attorney to answer those questions. Good luck.

Generally the answers is: it depends. non-compete clauses are falling out of favor in most courts due to the growing restrictive nature of the clauses. It of course depends on your industry, state, and the uniqueness of your position. For example, a non-compete clause in the retail industry saying you cannot work for a competitor store as a customer service representative is likely unenforceable. If you are a highly skilled, trained, and educated wall street stock trader you may be prevented from working for a competitor for a period of time -- but even that is likely not enforcement -- it depends on alot of factors specific to you, the position, the industry, the state, and the acutal contract language. I highly recommend you consult with local employment lawyer in your state to get specific answers to your situation. Good luck.

Yes. Early repayment provisions are perfectly appropriate, but they are really a matter of negotiation with your investor. Given the likley nacent nature of your idea/business, I highly recommend you consult with a local business attorney to help you draft and negotiate the language. I also suspect you may need further legal advice as you structure your new idea/business for future growth ... and importanly, but uglier, in the event the business/idea fails. Good luck.

Hi, It sounds like you need a review of the termination agreement and its dispute resolution / termination clauses with a qualified attorney.

Hi, The State of Maryland is an "at-will employment state". So yes, an employer can terminate an employee at anytime. Per the State of Maryland: "In Maryland, employees work "at the will" of their employers. This means, in the absence of an express contract, agreement or policy to the contrary, an employee may be hired or fired for almost any reason -- whether fair or not -- or for no reason at all. There are certain exceptions to this general rule which provide some protection to employees from illegal discrimination based on such categories as race, color, gender, national origin, religion, age, disability or marital status. Examples of other employment at-will exceptions include laws which protect employees from termination or retaliation for filing workers' compensation claims, for attempting to enforce rights to receive overtime or the minimum wage, for asserting rights to work in a safe and healthy workplace, for refusing to commit criminal acts, for reporting for jury duty or military service, or for being subject to a wage attachment for any one indebtedness. Terminating an employee for any of these specific reasons may constitute a violation under the applicable State or federal law." You can learn more by reviewing your employment contract, employee handbook and other documents with a qualified Maryland attorney.

Hopefully you have a partnership agreement between the two of you. If so, then the agreement SHOULD provide the steps necessary to wind down and liquidate the partnership. If not, then I highly recommend you consult with an attorney in ... Maryland, to assist with understanding your agreement (oral or otherwise), and how to dissolve the partnership. Good luck

Almost certainly the NDA applies after your employment. You should take care not to use highly confidential information, such as customer names and contract info in your new company. The simple answer is YES - it is enforceable after termination of employment

Hi, It depends on the hold harmless agreement language, subrogation language (if any) what you were aware of and not before signing, as well as why you were unaware of certain risks. The duty to disclose may not have been incumbent on the venue if the sports event carried risks apparent to anyone.

Hi, Your responsibilities as a tenant will be identified in the lease. Such responsibilities will probably include some maintenance and repairs while the landlord is likely responsible for structural soundness, essential services and common area maintenance of the property. Reviewing the lease with a qualified Maryland attorney will give you much more insight.

Hi, It depends on what your assignment agreement termination provision permits, and what is described as a breach of such agreement (material or no). You can learn more by discussing this with a licensed intellectual property attorney.

Hi, Without reviewing the entire lease it is difficult to give a thorough answer, but it is likely legally permissible. In Maryland, the rules for rent increases vary based on the type of lease. For leases longer than a month, landlords must give a notice of 90 days. If a lease is between a week and a month, a 60-day notice is needed. Oral leases of a week or less require just 21 days' notice. For leases with a written contract of one week or less, only a 7-day notice is required. These rules ensure tenants have enough time to plan for changes in their rent, and can move if necessary. Refer to the Renters' Rights Stabilization Act of 2024 with a licensed lawyer for more information.

In Florida a landlord can issue a 7 day notice to vacate. There are two types. 7-Day Notice Without Right to Cure: This type of notice is used for serious violations such as intentional property damage, repeated disturbances, or repeated violations. To avoid an eviction action from being filed, tenants must vacate the property within 7 days, with no chance to fix the issue. (Reference: Fla. Stat. §. 83.56(2)(a)). If you believe you haven't violated the terms of the lease then you should put it in writing and ensure that you have delivered it to the landlord and have proof. Certified mail is generally a good way to do this. Silence can be taken as admission of the violation so put any response in writing and have proof of delivery. 7-Day Demand to Cure Notice: This type of notice is for less severe violations such as having unauthorized pets, guests, or vehicles or failing to keep the property clean. Tenants are given 7 days to adress the problem and avoid an eviction action being filed with the court.

The short answer, as with all legal questions, is: it depends. You can certainly propose modify or be reased from your obligations, and depending on the company, your circumstances, your relationship, and their financial position, the company may be willing to entertain accomodations. It doesn't hurt to ask. Be prepared, however, for "penalties," which could mean the loss of your entire investment, significant reductions in the amount of your investment, etc. You may want to consider approaching other investors to see they would be willing to purchase some or all of your stake -- perhaps at a greater value than the company would offer. We highly recommend you consult with a business or securities attorney to be advise you the specifics of your agreement and explore exit or other strategies. Good luck!