Retainer Agreement for Monthly and Annual Flat Fee Consultations:
Legal Consultations where CJ Rosenbaum is admitted to practice law and Business Consultations if you are in states where CJ Rosenbaum is not admitted to practice law.
I am required by the Professional Rules of Conduct to advise you in writing at the outset of our relationship and document what you will receive in exchange for your automatic monthly payments of $250.00 or, if you chose to save $500 per year by taking advantage of our annual payment option.
Availability for Meetings & Information Provided (referred to herein as “Content”)
You (meaning the person retaining me) will have me available to consult with you on business issues that you are facing or are concerned about and, separate from general business issues, legal issues that I can ethically and appropriately address. The legal issues that I can ethically address and, more importantly legal issues that I cannot ethically address, are described below.
- Whether you choose the $250.00 monthly fee option or the option to pay $2,500.00 for twelve months, you agree that the fee(s) are earned by me and by my firm by being available to you through the calendar link within your dashboard whether you schedule meetings or not or by the provision of video-recorded content each month. Whether you schedule meetings with me or not, or if you choose to watch the provided content, you specifically agree that my being available to you and the video-recorded content that you can access, satisfies my obligations to you under this agreement each month. Also, you are fully aware that my availability to you will vary from week to week.
- Specifically for people and companies that choose to save $500 over the course of a year and pay $2,500.00 to have the ability to schedule up to two (2) consultations per month for an entire year and to receive the ability to access specific content created specifically for CJOnRetainer.com, you specifically agree that the entire $2,500.00 shall be deemed fully earned by me and/or my law firm upon your initial ability to access the content at CJOnRetainer.com.
- My availability to you for consultations for both business issues and legal issues that I feel that I can ethically address is not unlimited. My availability to you will be in the form of providing you with the ability to schedule up to two (2) meetings per month with me via a website. The meetings that you schedule will be held via telephone or zoom at my discretion. Each meeting can be up to one hour in length. If you do not use your two meetings per month or the maximum allocated time of one hour for each meeting, the unused meetings and/or the unused time does not build up or “roll over” to the next meeting or the next month. If you need or want additional meetings with me, there will be additional charges for each additional meeting within that month. There will be no refunds for monthly payments if you choose not to schedule any meetings or if the meetings do not require the full amount of time allocated to each or any of our meetings.
- You are welcome to have your partner(s), employees and/or your accountant(s) attend our meetings but not people from other companies at no additional cost to you.
Anticipated Subjects for Our Meetings
I anticipate, but am not limiting our meetings, to addressing the following issues:
- Amazon Suspensions: Non-Intellectual Property Issues
- Intellectual Property Complaints or “Rights Owner” Complaints against your Amazon account
- Amazon’s withholding or refusal to release your funds
- Amazon’s failure to account for your inventory
- Restricted / Gated Products
- Sale of Products on Walmart
- Walmart Seller Deactivations and Suspensions
- Sourcing Issues (sourcing from within the US, China, India and other countries)
- Authorized Seller Agreements
- Development and Protection of Intellectual Property
- Issues with Your Employees
- Partnership Issues
- Successful and Strategic Appeal Plans
- Sale or Purchase of Businesses
- Litigation & Litigation Risks
- Intellectual Property & Brand Development & Protection
- All Business Issues including Business Issues with Possible Criminal Exposure
- Contracts, Business & Tax Strategies (All Tax advice is with our CPA)
- Issues pertaining to Insurance Coverage
- Brand Development & Brand Protection
- Divorce Planning
- Estate Planning
- eCommerce Issues
- Corporate Structure, Shareholder Agreements (for corporations) and Operating Agreements (for LLCs) as well as the election of Tax Status (Sub Chapter S v. C Corp.)
- Dispute Resolutions
- Prop 65 Compliance (only with the assistance of counsel admitted in California
- Trademarks (pre-application research, applications with the USPTO, WIPO filings and trademark monitoring and protection)
- Business startup planning and issues.
CJ ROSENBAUM PROVIDING LEGAL ADVICE VERSUS CJ ROSENBAUM BEING YOUR BUSINESS CONSULTANT:
CJ Rosenbaum may only provide legal advice where he is admitted to practice law (New York State and the following federal courts: the Eastern District of New York, the Southern District of New York and the Northern District of Illinois), where he is assisted by members of his firm that are admitted in other jurisdictions (Rob Segall, Esq. is admitted to practice in New York and Massachusetts and Leslie Gillis, Esq., is admitted to practice law in Florida, the Southern District of New York and the Northern District of Illinois); or where "local counsel" is obtained. CJ Rosenbaum is admitted to practice law in New York State, the federal courts in New York's Eastern District of New York & New York's Southern District of New York. Other lawyers that the regularly works with are admitted to practice law in New Jersey, Virginia, California, Texas, Arkansas and Washington, D.C. as well as the US Patent Court. In all other areas of the United States and the world, CJ Rosenbaum can solely provide advice as a Business Consultant not legal counsel.
CJ ROSENBAUM & HIS CPA PROVIDING TAX STRATEGIES & TAX ADVICE
CJ Rosenbaum is not a tax specialist, tax lawyer nor does CJ Rosenbaum have any specific degrees in Taxation or Tax Law. All tax strategies and tax advice will be provided with one of CJ Rosenbaum's personal and his firm's CPA's participation and guidance. All discussions regarding tax strategies and tax planning, are agreed to be solely Business Consultant advice, not legal representation regardless of where you are located.
No “Probability of Success” Provided. You acknowledge that we cannot provide you with any “probability of success” in any matters that we address during our meetings or issues addressed in the content we provide to you. Similarly, there is No Guarantee of any Outcome. We shall provide you with conscientious, competent, and diligent business consultations and, where we can ethically provide legal advice, legal services and at all times will endeavor to achieve the purpose for which we have been retained. However, because of the uncertainties of the law, Amazon’s responses and reactions, and third parties, we cannot and do not warrant, predict, or guarantee results or that the outcome of any issues will ultimately be satisfying to you.
Non-Disclosure and Confidentiality. The law firm shall maintain confidential information and protect the client's data and attorney-client communications. The law firm may publish that it represents the client and the general subject matter of your issues. The client consents to the firm sending his / her cell phone(s) text messages and being added as a subscriber to the firm's email newsletter. The receipt of text messages from the firm may result in charges to the client on your cell phone bill.
Dispute Resolution for Legal Advice if you are within an area where legal advice can be provided. If there are any disputes between you, me and/or and my law firm, all issues shall be addressed via New York’s attorney-client dispute resolution mechanism which includes arbitration. The arbitration is to be conducted in the New York State Court for Nassau County.
Dispute Resolution for advice provided by CJ Rosenbaum as your Business Consultant. If there is a dispute between you and/or CJ and/or the law firm, all disputes shall be resolved via binding arbitration with the American Arbitration Association under the organization's Commercial Rules with each side paying it's own filing fees and then sharing the costs of the arbitrator. The arbitration to occur in Nassau County, New York.
If you fully understand everything in this agreement and all of the provisions are acceptable to you, specifically including either having your credit card billed $250.00 each month or by paying $2,500.00 for one year of your ability to schedule bi-monthly consultations and access to specific content for entering into this retainer agreement, please indicate your agreement by entering your email address at the top of this page.
After entering your email, you will be taken to a page to enter your credit card information and either your first $250.00 and, thereafter, $250.00 monthly payments to be charged to your credit card until you cancel this agreement or your annual fee of $2,500.00 will be charged to your credit card. You agree that each monthly payment shall be deemed fully earned by me and/or my law firm upon your initial ability to access the content at CJOnRetainer.com each month.
I look forward to working with you, being available to you and providing you with content to help you and your business succeed.
Thank you for your courtesy and attention to this matter and thank you for trusting me to provide business consultations and separate legal advice when I am ethically able to do so.