By all means, initiate a chargeback and monitor your credit. Federal law now generally prohibits most medical debts from being reported to credit reporting agencies. Initiating the reinvestigation procedure under the FCRA may be necessary. Responding to the provider bill with a well drafted letter... View More

If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... View More

New York State generally has a 3 year SOL to assert additional tax due on a filed return. But note the key word here: additional. If New York is just restarting collections without imposing additional tax liability on your previously filed returns the result might be different. Consider consulting... View More

Mr. Garciaacosta is right. Trademark rights are created by use in commerce; registration only provides certain remedies such a suing for a preliminary injunction in federal court. You need to conduct a common law trademark search to ensure you will not be infringing a brand owner’s rights and... View More

You need to identify the proper exemptions to file under the EIPA. This requires knowledge of the law to fully take advantage of these rights. If you present valid legal exemptions supported by documentation, and the bank still proceeds to comply with the garnishment, you may need to file an Order... View More

If you have a properly worded severance agreement you might have a case, even if the disparaging information is true. Non disparagement clauses can cover even true statements. It all depends on the wording of the severance agreement and the facts surrounding the disparaging statements on social... View More

I think you definitely have potential defenses to any lawsuit and counterclaims but an attorney would have to review your case in detail to advise you. Just taking it down without evaluating your legal exposure seems like rolling the dice. Seems like there must be more to this story.

What you need is a lawyer who can utilize the judgment enforcement devices found in article 52 of the CPLR, the most common ones being bank levies and wage garnishments. The effectiveness of these procedures depends on whether the defendant has collectible assets: this can be determined from a skip... View More

You need to consult with counsel; it’s not possible to responsibly answer your question without asking you more questions about the situation in a confidential setting.

First, if you are a corporation you may not, by law, represent yourself: you need an attorney. Second, you may move to vacate the judgment presenting a reasonable excuse for the default and a potentially meritorious defense to the claim. From the limited information you provided, it seems you may... View More

Yes, a New York real estate attorney can prepare all the forms necessary to perfect and record the amended promissory note and mortgage. And it should be properly recorded, because New York is a “first to file” state when it comes to real property, so only properly recorded documents will put... View More

More information is needed. Can you produce any inventory for the property that was lost? Do you have a way to value these items? You need to have an attorney take a look at the contract and also run an investigative profile on the moving company. Only after doing doing this homework can you... View More

An attorney would have to take a look at your proprietary lease and the applicable case precedents, as well as the record of other such alleged “violations” in the coop and the treatment which they received, when discovered, by the board or management. The defense of laches might also be useful... View More

Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... View More

Without looking at the contract, an attorney cannot advise as to your particular situation. Yet if the contract seeks to waive a consumer protection law, that clause of the contract may be void as contrary to public policy. Have an attorney take a look at the contract to inform you of your rights.... View More

I agree with Attorney Steve as to the issue of registration conflicting with a prior trademark owner’s rights. Yet, it is probably advisable for you to be proactive, not simply reactive. You should strongly consider filing USPTO trademark registrations for your domains in available product... View More

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More

In general information that is generally known or knowable from public sources is not protected by an NDA. However, there is not enough information in your question to opine on your particular situation.

The “fair use” doctrine under Section 107 of the Copyright Act may allow you to do what you want, but this is subject to a detailed review of your case, as fair use is adjudicated on a case-by-case basis with reference to similar court precedents and a multi-factor legal test. It’s impossible... View More

Source code is eligible for copyright registration, but infringement of copyright only applies when the wrongfully reproduced work meets the "substantial similarity" criteria under the Copyright Act. This can end up being a strategic decision, because competitors can seek to alter your... View More