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Is there an attorney in the house?

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kurtyordy

Bronze Contributor
Aug 28, 2007
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I remember reading the story of one of our new members that they are an attorney. If someone is an attorney, please give me your opinion. Of course you will not be bound by or held to any liability due to your answer, and I should consult my own attorney. That being said, I wanted to get an opinion so I can go into my attorney meeting informed so I can keep them on their toes if they are lazy.

Here goes: Many states have rules governing 'charitable sales promotions' taking place in thier state. However, if my 'charitable sales promotion' only takes place in cyberspace, am I bound by those rules since I am not actually in their state?

Also, I am assuming this is a question to go to a business law attorney?

Thirdly, what is reasonable for me to expect to pay. I have not idea whatsoever.
 

yellowpad

PARKED
Oct 3, 2007
30
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Orange County, CA
If you live in that State having business license to do business in the city of that State, you are subject to that law in that State whether you're in cyberspace or nor. Correct me if I am wrong.
 

Corrado79

New Contributor
Sep 24, 2007
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Santa Monica, CA
You probably were referring to me. I am an attorney, but I have zero experience with the issue you have. In fact, the laws regarding personal jurisdiction and choice of law over the web are constantly evolving. As such, it would definitely be advisable to hire an attorney. While such a specialized attorney would be pricey, it would not take him/her much time to answer your question.

To help you, in order for the attorney to properly answer your question, he/she will need to know MANY more facts such as:

- How much promotion are you doing exactly?
- What are your promoting?
- Are you targeting specific states or the nation entirely?
- Are you seeking money from people in certain states?
- How much specific contact do you have with a certain state?
- Are you trying to utilize the benefits of a particular state?

That would be just a start. Personal jurisdiction and choice of law is a VERY fact-specific inquiry so you should have all relevant facts, in specific detail, laid out on paper before your meeting. I hope that helps.
 

andviv

Gold Contributor
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Jul 27, 2007
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You probably were referring to me. I am an attorney, but I have zero experience with the issue you have.

Corrado79, rep++
Thanks for giving the right answer, which in this case was "I don't know". Many prefer to lie instead of saying they don't know about a topic.

If only more people were willing to say "I don't know"!!!!
 

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