Barry Eran Janay's answer Good question, probably belongs in the Trademarks category since Trademarks and Servicemarks are the same set of rules. Your question would boil down to whether an objective consumer would be confused by the domain, if they would be then it would potentially be an infringement. That said, a good attorney (I'm not one to brag ;) would be able to poke many holes in any claim that it was infringing, but like a good magician doesn't give away his secrets...
Barry Eran Janay's answer Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.
Barry Eran Janay's answer While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. / agency you need to show that they had no basis under the law for what they did (among other reasons). That being the case it depends entirely on the basis for the denial as to whether you should start an...
Barry Eran Janay's answer You're likely an employee at will, meaning every day you show up voluntarily and you can be terminated with or without cause. When your company gets taken over presumably the new employer will immediately implement their existing policies and you will not have the benefit of prior policies. I'd be happy to discuss this in more detail with you and I think it is warranted in this situation to do so. Please feel free to email me.
Barry Eran Janay's answer No, it shouldn't be as long as it is properly documented. A gift would be if there was no value exchanged, here there is clearly value (in fact equal / identical value) being exchanged.
Barry Eran Janay's answer There may have been an action for specific performance to sell to you, but if your lawyer backed out of the deal without your knowledge or consent then it sounds like you potentially have a malpractice action against him/her. That said, I'm highly skeptical that there was no "time limit" clause on the mortgage....
Barry Eran Janay's answer Depends on whether the supplement to the will was valid, I would argue that it likely is if it is referenced to the will and incorporated into the will by reference. Speak to an estate planning attorney who should be able to give you more specific guidance. Please email me directly if you have further questions.
Barry Eran Janay's answer Not really. The bank should be advised of your parents death and you and your sister are under the rules of intestacy most likely the owners as tenants in common of the property. If you want to sell it you should start an administrative proceeding to get letters of administration in your name and then list it for sale.
Barry Eran Janay's answer If you're purchasing the assets with your own money there is NO estate or gift tax implication so long as it's reasonably tied to the fair market value for the assets. Furthermore, there is a lifetime exemption in the estate / inheritance tax at the federal level for $5.4M in gifts from individuals and $10.8 for married couples. Meaning so long as they are under that limit in taxes / gifts there is no estate tax due. As the other attorney pointed out, you should have a consultation with an...
Barry Eran Janay's answer Yes. If you buy the LLC interest you own a percentage of the LLC and it's assets, the LLC also may have liabilities so perform your due diligence thoroughly. A decent attorney can assist you in this transaction.
Barry Eran Janay's answer You need to get things corrected in the surrogates court and request that the Supreme Court handling the foreclosure action stay that case pending resolution in the Surrogates Court.
Barry Eran Janay's answer Since your Uncle was Ordered to sell and now refuses it sounds to me like another Order from the court can be sought holding him in contempt for violating the first Order... The contempt charge should carry enough of a threat to convince him to sell as he was originally supposed to do and agreed to do. All of this would need to be verified by an attorney who actually reviewed the case and the papers, which I'm happy to do, but for a fee. If you want to email me we can discuss this further.
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