Claimed Lawyer ProfileQ&A
- Business Law
- Intellectual Property
Additional Practice Areas
- Estate Planning
- Health Care
- Mergers & Acquisitions
- Security Interests
- Wills & Trusts
- Law Suits
Jurisdictions Admitted to Practice
- North Carolina
- U.S. District Court for the Middle Districts of North Carolina
- U.S. District Court for the Western Districts of North Carolina
- Hull & Chandler, P.A.
- DePauw University
- Wake Forest University School of Law
- North Carolina State Bar
- Mecklenburg County Bar Association
- Financial Planning Association - Charlotte
- American Bar Association
Websites & Blogs
- Hull & Chandler, P.A. Website
- Profile Page: Nathan M. Hull
- Hull & Chandler, P.A. Legal Blog
18 Questions Answered
- Q. Is a broad, general non-compete agreement legal in NC in case where current employer is being bought out by another co?
- A: Many facts will be relevant and you will want to discuss this with an attorney. Ultimately your defenses to this non-compete will be determined by a Judge and their opinion on whether the time and territory is overly broad or if another defense exists. It does sound like the time and territory would be overly broad in North Carolina for the position described. The fact that nothing is being offered to sign would be a complete and total defense to the document. Be careful as a payment as small as $100 or a change in duties or title.
- Q. Can i be sued for selling MLM items online at Amazon/Ebay?
- A: Whether they can sue you depends some on your agreement with them as a distributor. I would imagine that they limited what you can do with what they have sold you. They have an interest in protecting their brand and may be able to sue you for unauthorized use of their trademarks at the very least. These suits can have high penalties that would dwarf any profits you might receive from selling the products online.
- Q. If I create a LLC and make a single Living Trust the only member would that be a disregarded entity?
- A: My guess is that this arrangement is unnecessarily complex and you should discuss with a competent attorney in your state what your goals are with this arrangement. Generally LLCs are disregarded entities for taxes. You could elect to have the LLC taxed as a C-Corp if you wanted corporate taxation. Trusts can be drafted to be disregarded or to be their own taxable entity. Trust tax brackets and corporate tax brackets are different from individual tax brackets so make sure what you are doing is actually a net benefit to you. You may be setting your self up for double taxation.
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