Sophisticated business persons here?

[tony hardware 0]

I have my third interview for the job of my dreams, an in-house Attorney position with a SWEET company, a major market player. They want a business oriented attorney, with creative solutions - not some tightass motions slave. In my third and (presumably) final interview, as evidence of my creativity, do you think it would be inappropriate to broach the subject of a cross-promotional services pitch with another major market player that would result in substantial mutual gain, expansion of services, marketing strategies and direct audience targetting?

 

I have friends in the business development departments of both respective companies who could facilitate a plan and a pitch to the appropriate persons.

 

Too aggressive? or good risk?

[Chronic Husker 85]

I'm sure that your prospective employer would love to invest in a failing store selling panties.

[tony hardware 0]

I'm sure that your prospective employer would love to invest in a failing store selling panties.

 

In that case, I guess I better keep my mouth shut.

[Big_Pete 0]

I have my third interview for the job of my dreams, an in-house Attorney position with a SWEET company, a major market player. They want a business oriented attorney, with creative solutions - not some tightass motions slave. In my third and (presumably) final interview, as evidence of my creativity, do you think it would be inappropriate to broach the subject of a cross-promotional services pitch with another major market player that would result in substantial mutual gain, expansion of services, marketing strategies and direct audience targetting?

 

I have friends in the business development departments of both respective companies who could facilitate a plan and a pitch to the appropriate persons.

 

Too aggressive? or good risk?

wait a minute!!!!!! will you look over a few things on my lease for me.... free of charge of course or in exchange for some lingerie

[kutulu 1,676]

WWBPD?

 

Then do the opposite

 

 

 

 

 

 

 

 

 

[Big_Pete 0]

WWBPD?

 

Then do the opposite

It's not so much that I had a bad idea... it's just that the area was a bad choice by me.

[kutulu 1,676]

It's not so much that I had a bad idea... it's just that the area was a bad choice by me.

 

 

Don't get too down, Big Pete. Remember, if you can imagine it, you can do it.

[tony hardware 0]

wait a minute!!!!!! will you look over a few things on my lease for me.... free of charge of course or in exchange for some lingerie

 

No, but I will offer you this free legal advice.

 

Rule #1: Never change the deal.

Rule #2: No names.

 

(The Transporter)

 

JK - if you want to scan it in, convert to a PDF, then you can email it to me and I'll look it over. Tell me what you want out of the lease agreement, your concerns and I'll see if I can alter the agreement to suit your needs. I'm not going to spend more than 10 minutes on it, but I'll take a look. This is your one free legal service by TH. Let me know when you've scanned it and I'll tell you where to send it.

[Chronic Husker 85]

Hey tony, a girl I know hit a car on the side of the road and blew a .12 when the cops came. Should she get an attorney and fight or just pay her dues?

 

--------->ETA Denver

[Recliner Pilot 61]

Hey tony, a girl I know hit a car on the side of the road and blew a .12 when the cops came. Should she get an attorney and fight or just pay her dues?

 

--------->ETA Denver

 

She shoulda blew the cop instead. She's focked now.

[Big_Pete 0]

No, but I will offer you this free legal advice.

 

Rule #1: Never change the deal.

Rule #2: No names.

 

(The Transporter)

 

JK - if you want to scan it in, convert to a PDF, then you can email it to me and I'll look it over. Tell me what you want out of the lease agreement, your concerns and I'll see if I can alter the agreement to suit your needs. I'm not going to spend more than 10 minutes on it, but I'll take a look. This is your one free legal service by TH. Let me know when you've scanned it and I'll tell you where to send it.

sweet!

thanks TH

THe only things I want to know are.... are they allowed to confiscate all my stuff if they decide I'm out of there. and are they allowed to take me to court for the remaining balance? I know they keep my security deposit if I break the lease.

[tony hardware 0]

Hey tony, a girl I know hit a car on the side of the road and blew a .12 when the cops came. Should she get an attorney and fight or just pay her dues?

 

--------->ETA Denver

 

When you're in sh!t up to your eyebrows, sometimes an attorney is the only person holding a snorkel and shovel.

 

CH's one free legal service by TH.

 

sweet!

thanks TH

THe only things I want to know are.... are they allowed to confiscate all my stuff if they decide I'm out of there. and are they allowed to take me to court for the remaining balance? I know they keep my security deposit if I break the lease.

 

So I take it you're referring to your existing commercial lease where your store is . . .

 

Without even viewing the lease, I can almost answer these. Can they confiscate? No, not unless they get a judgment against you for the unpaid balance and request an order that the court allow the landlord take possession of your remaining inventory to satisfy the judgment. Otherwise, no. Besides, I don't think they really want to sell $3000 worth of bras to collect the unpaid rent. The court will look for more coventional ways to satisfy the judgment, i.e. garnishing your wages in any future employment.

 

They can certainly take you to court for the remaining balance. When I was doing some stuff in District Courts, I saw at least 30 evictions and judgments against delinquent tenants every session. The court will try to work with you, but they will make sure you pay.

[Big_Pete 0]

When you're in sh!t up to your eyebrows, sometimes an attorney is the only person holding a snorkel and shovel.

 

CH's one free legal service by TH.

So I take it you're referring to your existing commercial lease where your store is . . .

 

Without even viewing the lease, I can almost answer these. Can they confiscate? No, not unless they get a judgment against you for the unpaid balance and request an order that the court allow the landlord take possession of your remaining inventory to satisfy the judgment. Otherwise, no. Besides, I don't think they really want to sell $3000 worth of bras to collect the unpaid rent. The court will look for more coventional ways to satisfy the judgment, i.e. garnishing your wages in any future employment.

 

They can certainly take you to court for the remaining balance. When I was doing some stuff in District Courts, I saw at least 30 evictions and judgments against delinquent tenants every session. The court will try to work with you, but they will make sure you pay.

thanks TH. I read the lease yesterday and I thought it said that they only way they could keep my stuff would be to liquidate it to satisfy the lease.... and yeah, I figured they'd be able to take me to court. Ohh well, I got a meeting tuesday with the leasing office to try to work something out. Wish me luck, and thanks. I wont even bother with scanning it in now. Thanks again TH

[Chronic Husker 85]

When you're in sh!t up to your eyebrows, sometimes an attorney is the only person holding a snorkel and shovel.

 

CH's one free legal service by TH.

Also, why have I never heard an attorney say, "You don't need an attorney."?

[tony hardware 0]

Also, why have I never heard an attorney say, "You don't need an attorney."?

 

You ever hear a stripper say, "You don't need a lapdance." ?

[Big_Pete 0]

You ever hear a stripper say, "You don't need a lapdance." ?

 

 

 

 

 

 

 

ZING!

[Boz/BoFan 0]

You ever hear a stripper say, "You don't need a lapdance." ?

 

Exactly. Both parasites.

[tony hardware 0]

Exactly. Both parasites.

 

If I were to say, "2+2 Buddy, 2+2." Would you respond with "= 4"?

 

Thanks for stating the obvious, Sir.

 

PS - in some animals, parasites are necessary for life. Symbiotic.

[shmonkeys 0]

sweet!

thanks TH

THe only things I want to know are.... are they allowed to confiscate all my stuff if they decide I'm out of there. and are they allowed to take me to court for the remaining balance? I know they keep my security deposit if I break the lease.

I have a clause in my lease that allows the landlord to confiscate whats in the building if I break the lease. I also signed a personal guarantee though, even though I am an LLC.

[Big_Pete 0]

Here is the section of my lease.. verbatim...

21. Default. The Occurence of any of the following shall constitute an event of default on the part of Tenant:

 

i. Any failure by Tenant to pay any sums due hereunder if such failure continues for a period of time in excess of three (3) days after notice from Landlord to Tenant (which notice shall be in lieu of, and not in addition to, any notice required by law);

 

ii. Any failure by Tanant to perform any other of the terms, conditions, or covenants of this Agreement to be observed or performed by enant if such failure continues for a period of time in excess of 3 days after notice from Landlord to Tenant (which notice shall be in lieu of, and not in addition to, any notice required by law);

 

iii. If (1) Tenant should institute any proceedings under the Bankruptcy Act, as such now exists or under any amendments, reenactments, or replacements thereof that may hereinafter be enacted, or under any other act relating to the discharged of its debts or to effect a plan of liquidation, composition or reorganization; or (2) any involuntary proceeding should be filed against Tenant under any such bankruptcy laws; or (3) Tenant should become insolvent or be adjudicated a bankrupt in any court of competent jurisdiction, or any receiver or trustee should be appointed of Tenant's property, or Tenant should make assignment for the benefit of creditors; or (4) there should occur the attachment, execution, or other judicial seizure of substantially all of Tenant's assets located at the Premises, or if a writ of attachment is executed on this Agreement; or (5) this Agreement, or any interest therein or to the Premises, should otherwise by operation of law dissolve or pass to any person or persons other than Tenant;

 

iv. Tenant's abandonment of the Premises; in which case remainder of Fees for the term of the agreement are immediately due and payable; or

 

v. Tenant's attempt to "assign" this Agreement or any of Tenant's rights hereunder contrary to Paragraph 20 of this Agreement.

 

If any event of defualt occurs, then Landlord, in addition to any other rights or remedies it may have at law or in equity or under this Agreement, shall have the immediate right to unilaterally terminate this Agreement and to remove all persons and property from the Premises (such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant), all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

 

so yeah, it sounds like the only way the confinscate my stuff is to pay off the lease. which thankfully is only $3k

What says you TH?

and thank you very much!

[tony hardware 0]

I have a clause in my lease that allows the landlord to confiscate whats in the building if I break the lease. I also signed a personal guarantee though, even though I am an LLC.

 

Unless you have absolute control over accounts payable and operating assets, this is a bad idea. Be careful in the future.

[shmonkeys 0]

Unless you have absolute control over accounts payable and operating assets, this is a bad idea. Be careful in the future.

I do have control, but I agree this is a bad idea. Thanks

[tony hardware 0]

Here is the section of my lease.. verbatim...

so yeah, it sounds like the only way the confinscate my stuff is to pay off the lease. which thankfully is only $3k

What says you TH?

and thank you very much!

 

“The Occurrence of any of the following shall constitute an event of default on the part of Tenant . . . If there should occur the attachment, execution, or other judicial seizure of substantially all of Tenant's assets located at the Premises, or if a writ of attachment is executed on this Agreement”

 

I would argue this clause is unenforceable because it is vague and vague provisions are interpreted in favor of the party who did NOT draft the lease. The attachment, execution or judicial seizure of the tenant’s assets or a writ of attachment CANNOT constitute default because these actions can only occur upon court order to enforce a judgment. The occurrence of these events does not constitute a default. This is vague because it is akin to saying, you can have this car if you pay me $5000, but if I take it, that means you are in default, even if you are making payments.

 

Rather, a default would have to occur according to the previous terms of this clause, e.g. failure to pay within three days of notice of default and demand by the landlord. Upon the occurrence of this, the landlord can move that judgment be entered against you. And it is only then that your inventory can be seized to satisfy the judgment.

 

The lease clause you provided makes no further mention of when your assets can be liquidated. Therefore, the above is the only scenario under which your inventory can be seized and liquidated. However, this clause is not enforceable because it is vague.

 

If they try to take your stuff without a court order, tell them to fock off. Call the police and have them arrested for larceny. And sue them civilly for trespass to chattels.

[Big_Pete 0]

thanks TH thanks TH

[jerryskids 6,799]

thanks TH thanks TH

You do realize that you are taking legal advice from a 16 yr old fry cook at Wendy's, right?

[Big_Pete 0]

You do realize that you are taking legal advice from a 16 yr old fry cook at Wendy's, right?

seems to know what he's talking about to me

[jerryskids 6,799]

seems to know what he's talking about to me

Just saying to be careful. Also, they won't think it is unenforceable, since it is their doc, so they may try to enforce it.

 

Do they have a key to your store? If so, can you legally change the locks?

[Big_Pete 0]

Just saying to be careful. Also, they won't think it is unenforceable, since it is their doc, so they may try to enforce it.

 

Do they have a key to your store? If so, can you legally change the locks?

they don't have a key, and yes, I am allowed to change the locks.

[tony hardware 0]

Just saying to be careful. Also, they won't think it is unenforceable, since it is their doc, so they may try to enforce it.

 

Do they have a key to your store? If so, can you legally change the locks?

 

The landlord may think its enforceable, but the actions described in the provision cannot be taken without a court order. As described, the provision is arguably ambiguous. Ambiguous provisions of boilerplate contracts are interpreted against the drafter.

 

Pete is obviously in default, there is no dispute about that. The issue is what action can be taken by the creditor, when it may be taken and what is required to carry out said action. Any remedies against pete for his default with respect to liquidating his inventory would have to be done under an equitable order by the court, not under the provisions of the lease. That's the issue, sir and that's why you are a sales tech geek and not a lawyer.

 

I wasn't telling Pete to be careful, but the guy who goes around signing personal guarantys on behalf of his corporation for unsecured, uncollateralized debt. Bad idea. One has the option of making a counteroffer to a vendor by altering guaranty language found in standard form contracts.

[De Novo 0]

I have my third interview for the job of my dreams, an in-house Attorney position with a SWEET company, a major market player. They want a business oriented attorney, with creative solutions - not some tightass motions slave. In my third and (presumably) final interview, as evidence of my creativity, do you think it would be inappropriate to broach the subject of a cross-promotional services pitch with another major market player that would result in substantial mutual gain, expansion of services, marketing strategies and direct audience targetting?

 

I have friends in the business development departments of both respective companies who could facilitate a plan and a pitch to the appropriate persons.

 

Too aggressive? or good risk?

I don't think it's too aggressive, but I'd look for an appropriate spot to interject this. If they're not responsive to new ideas then their desire for someone with 'creative solutions' is bullsh1t and you probably wouldn't be interested in the job. I approach an interview just like I would approach the position. You're interviewing for the position you want. If they don't think you're a good fit, then why would you want the position?

[tony hardware 0]

I don't think it's too aggressive, but I'd look for an appropriate spot to interject this. If they're not responsive to new ideas then their desire for someone with 'creative solutions' is bullsh1t and you probably wouldn't be interested in the job. I approach an interview just like I would approach the position. You're interviewing for the position you want. If they don't think you're a good fit, then why would you want the position?

 

Finally, a response to my question and it only took 13 hours. Thanks for the input. I don't think I'm going to mention it unless they ask me for specifics. I may wait a few months to really put something together, get settled and then pitch it.

 

 

[Recliner Pilot 61]

Finally, a response to my question and it only took 13 hours. Thanks for the input. I don't think I'm going to mention it unless they ask me for specifics. I may wait a few months to really put something together, get settled and then pitch it.

 

Why not approach it along the lines of:

 

"After our first two meetings and hearing what you are looking for I"m really excited about being able to come into the organization and bringing in additional revenue.

 

I already have a few ideas utilizing the strengths of this organization and some contacts I have elsewhere that would be a win-win situation for everyone involved."

 

That's kind of generic, but it puts the ball in their court to ask you for specifics, and it tells them you are already thinking of ways to make them $$$$.

 

My .02

[De Novo 0]

Why not approach it along the lines of:

 

"After our first two meetings and hearing what you are looking for I"m really excited about being able to come into the organization and bringing in additional revenue.

 

I already have a few ideas utilizing the strengths of this organization and some contacts I have elsewhere that would be a win-win situation for everyone involved."

 

That's kind of generic, but it puts the ball in their court to ask you for specifics, and it tells them you are already thinking of ways to make them $$$$.

 

My .02

I completely agree with RP

[Recliner Pilot 61]

I completely agree with RP

 

 

You are lucky I like my new sig line or this would be it.