Archive for the ‘Business Law’ Category
From the Highest Grade Investment Counselor to the Lowliest Tipster
January 28th, 2012 | 
Author: It has been well noted in the Federal law that:
Congress enacted the Investment Advisers Act of 1940, ch. 686, 54 Stat. 847 (1940)(current version at 15 U.S.C. § 80b-1 to 80b-21 (1994)) both to protect the public “from the frauds and misrepresentations of unscrupulous tipsters and touts” and to safeguard bona fide investment counsel from the “stigma of the activities of these individuals.” S. Rep. No. 1775, 76th Cong., 3d Sess. 21-22 (1940), as quoted in 7 L. Loss & J. Seligman, Securities Regulation 3329 (1991).
(See the Cigna opinion in 916 P.2d 643; 1996 Colo. App. LEXIS 64; Fed. Sec. L. Rep. (CCH) P99,296; 20 BTR 255.)
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Not Another Spam Email! Can I Sue for Unwanted Emails?
You open an email only to find yet another solicitation for some product or offer, the latest and greatest pill or business opportunity, and check the box to delete. Maybe you opened the email and discovered a link in which you can opt out of receiving any further emails. Annoyed yet? Perhaps if you are the type with the No Solicitation sign on your front door you are incensed and irate when you check your emails.
Why Should I Use an LLC for a Rental Property?
Thanks to an innovation in modern corporate law, the limited liability company (LLC) was formed. We can give some credit to Wyoming for being the seminal state, after which many states adopted the business form into their corporate laws. In fact, the LLC is chosen by many small and mid-sized groups, as well as individuals, because of its versatility. Some refer to the LLC as the “hybrid” between the partnership and corporation.
Should I Sue My Toyota Dealer?
Chances are if you purchased a new or used Toyota on the “recall list” you may be wondering, “Do I have a claim against both Toyota Motor Sales, U.S.A., Inc. and the dealer who sold me my car?” Depending on whether you were in an accident caused by the defect or had to surrender the vehicle pursuant to the recall will influence the classification of your cause of action and damages. The former can involve more serious litigation, especially if there were physical injuries involved, while the latter can vary in light of the facts of your case.
Theoretically, you could have a claim against both Toyota Motor Sales, U.S.A., Inc. and your dealer -again, depending on the facts of your case – under a cause pertaining to either a product liability and/or strict liability case. Another cause could arise out of a misrepresentation made by your dealer regarding the warranties of merchantability, i.e. stating that the Toyota car is fully operational in terms of its driveability and safety features when knowing this to be a false statement of fact. Some states will even hold for a negligent misrepresentation case where the maker of the false statement should have known that the statement was false and failed to exercise a duty of care owed to consumers – dealers are obligated to inspect and perform their due diligence on vehicles prior to sale.