I'm being forcefully thrown out of the startup I cofounded. My other two cofounders are trying to steal half of my shares through a repurcha...

Question

I'm being forcefully thrown out of the startup I cofounded. My other two cofounders are trying to steal half of my shares through a repurchase notice. They did everything in their powers to unilateraly terminate my involvement. The company charter gives them the repurchase option if I'm not involved with the company and now, they're trying to serve me the repurchase notice through UPS. It just happened that UPS couldn't deliver it. I found out they are very worried about this.

My question is: what happens if I don't get the repurchase notice?

Answer

This is a serious matter that needs to be addressed as soon as possible. Generally speaking, though following the notice rules and giving proper notice is extremely important courts do not necessarily invalidate other methods of notice. Unfortunately without reviewing the founder agreements, bylaws and the actual circumstances it is impossible to determine your rights and the notice requirements. If the value of your equity or contribution to the startup is important to you, then consider retaining an attorney to help you in the matter.

Generally the review process should only take a few hours and is not costly. At the end of which you will know what your rights are and the course of action you should consider. My practice is mostly focuses on startups and such issues come up all the time. Please contact my office at your earliest convenience to get started.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

Answer

It is not possible to give a definitive answer without reviewing the Bylaws (or Operating Agreement if it is an LLC). That would define your rights as a shareholder and the notification requirement for exercising repurchase rights.

Assuming this is a Delaware entity, you will need a Delaware-admitted attorney to file litigation if that is indicated. The first step is to review the relevant documents.

Please feel free to contact me should you want to discuss this matter further.

Have a bench warrant for failure to appear in misd. traffic case. I have a court date now. Will they arrest me when I appear or will they ju...

Question

Have a bench warrant for failure to appear in misd. traffic case. I have a court date now. Will they arrest me when I appear or will they just hear the case?

Answer

Although it's impossible to predict the result of any court hearing, I doubt they will arrest you based on a single failure to appear. You indicated your case is a misdemeanor. Misdemeanors are serious criminal matters the outcome of which could include significant fines, probation, jail time, and a permanent criminal record that could impair your ability to find employment. You should retain an attorney to defend the misdemeanor charges if possible. In most cases retaining an attorney will achieve the best possible result, and you will not have to go to most court hearings thus saving you from having to take time off from work.

Hello,After reading your article you seemed to be very knowledgeable so I'd figured I'd pose my question to you. I was recently involved in ...

Question

Hello,

After reading your article you seemed to be very knowledgeable so I'd figured I'd pose my question to you. I was recently involved in a motor vehicle accident in NJ. On a two lane road I started to pass two cars that were driving 10-15 mph under the speed limit (40mph), it was perfectly within my rights being the the center line was broken. i have since looked up the laws on passing and confirmed this. However the second vehicle that I was attempting to pass turned left in front of me. He did not use his turn signal until just before he started his turn instead of the required 100 ft. I am being charged with wreck less driving. I can not find a law to clarify with certainty who would be at fault. My questions would be as follows:

In a designated passing area/lane how many vehicles are you allowed to pass?

When making a left turn on a two lane road is it the drivers responsibility to ensure it is safe to turn?

Who has greater responsibility? The driver passing or the driver turning?

Any thoughts on the matter would be greatly appreciated.

Answer

I think you left some points out of your narrative. How did accident occur. If one of the cars made a left turn away from you and the other car, did you collide with the other car while you were attempting to pass? You did not say this but am I to presume that a police officer wrote you the Reckless Driving ticket which carries 5 motor vehicle points. Was the officer present when this was going on or did he show up after the accident and make his or her own assessment of what occurred. Attempting to pass two vehicles at once is not the safest maneuver. Usually you can pass a vehicle making a left hand turn but you need to exercise caution when you attempt to pass any vehicle. A vehicle can make a left turn on a 2 lane roadway as long as there is no sign prohibiting such a turn. A left turn is more difficult generally to make and the driver attempting such a turn needs to exercise due caution towards on coming traffic. The Driver passing the vehicle attempting that turn needs to exercise equal caution. However to better answer your question I would need more specific information on how the accident occurred. You do not talk about that. If you choose to fight the ticket it would make sense to speak to the prosecutor to see if he would offer a downgrade to something that carries less points. I would be happy to discuss it further but I need more information of what ultimately happened. (201) 342 5030 any thoughts on what you think motivated the officer to issue you ticket? If you fill in the story I would be happy to provide you with a more complete response. Take care

Hello, I am seeking help understanding the Colorado security deposit act, specifically #7 which states: "Any provision, whether oral or writ...

Question

Hello, I am seeking help understanding the Colorado security deposit act, specifically #7 which states: "Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this section for the benefit of a tenant or members of his household is waived shall be deemed to be against public policy and shall be void."

What exactly does that mean? I understand it to say that I cannot waive my right to my security deposit refund...not verbally or by signing a lease that has it written in it. Is this correct or incorrect? I signed a lease and gave deposit money in early Feb to rent a place begining March 1st. After siging the lease the owner said it was required to carry insurance. When I got the quotes, I realized I could no longer afford the place and informed the owner of this. She said ok but I will not give you your money back. In the end she has the place rented to someone else as of the 1st of March (I drove by and took a picture of the obviously occupied home) She says that when I signed the lease I agreed to comply with the full lease and all of its terms or forefit the deposit. Isnt this in conflict with CRS 38-12-103? Thank you so much for any help, in advance!

Answer

That is not exactly what it means. That provision means that a landlord cannot have a contract term attempts to eliminate the specific requirements under the statute. For example, if the lease provided that the landlord had 120 days to account for the security deposit this would be invalid because the statute provides that the landlord can have no more than 60 days to account for the deposit.

As to your circumstance, the answer depends on the lease terms and other facts. The lease could certainly have a clause that provides if you terminate early that it could hold an amount of the deposit as liquidated damages. Since we cannot see your lease there is no way to know if your lease has this or related terms.

As a general matter, the landlord must mitigate damages from a lease breach. You signed the lease and are bound to the terms and are liable for damages for that breach. If, however, the landlord suffered no damages (and absent a valid contract term) then they cannot hold you responsible for damages (such as holding the deposit amount).

There are many steps you need to take to protect your rights and get in a position to sue in small claims. Depending on the facts, you can sue for three times the amount of the deposit.

There are many things to review and do and you should speak with an attorney.

This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney-client relationship.

Can you put in to much anifreze?

Can you put in to much anifreze?
Yes.You will know if your car starts leaking it massively. And it will overflow.

When is diary of a bad man 7 coming out?

When is diary of a bad man 7 coming out?
Bladrin, Humza has literally come out with Diary of a Badman 6 (on 1/4/2011 today is 4/4/2011), give the guy some space- he DOES have a life you know. Since starting the series, Humza has released a "diary" every month- except from March (that one he released on 1/April). So probably in the first or second week of May.

He did say before releasing no. 6 that there would be another; quote: 'bloopers' in 2 weeks.

My son will soon be release from prison and on felony probation, I am currently on felony probation. My parole officer has said there is no ...

Question

My son will soon be release from prison and on felony probation, I am currently on felony probation. My parole officer has said there is no problem with him moving back home to live with me, but all I have researched say otherwise, should I be wary? Also I have been told I will be given permission to pick him up when he is released, won't this violate either one or both of us.

Answer

If his probation officer is fine with that, then you both should be fine. However, you may want to file a motion with the clerk to clarify this condition of probation.