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Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?

I will not handle anyone else's money for them.

I will provide only the stock tips, and advisement on how best to limit risk, and set goals.

Anyone taking my advice makes their own decisions.

Do I need a license to do this?

James L. Arrasmith
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answered on Dec 15, 2023

Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment... View More

Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for New York on
Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More

James L. Arrasmith
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answered on Nov 23, 2023

When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More

1 Answer | Asked in Contracts, Tax Law, Traffic Tickets and Gov & Administrative Law for New York on
Q: Because the DMV has a UEI number does this make it a corporation?

My friend was wondering if because the DMV has a UEI number that that makes it a corporation. I tried to tell him that it is simply a state government agency responsible for issuing licensing and registration however he believes that having that number makes the DMV a for profit corporation.... View More

James L. Arrasmith
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answered on Oct 24, 2024

Having a UEI (Unique Entity Identifier) number does not make the DMV a corporation. The UEI is simply a unique identifier used by various government agencies to track entities for administrative purposes. The DMV remains a state government agency responsible for issuing licenses and registrations,... View More

2 Answers | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for New York on
Q: Could the President get rid of income tax

My friend is using the claim that because the president is experimenting with the idea of removing the income tax that the IRC that established it is not considered positive law. They mentioned something about it being done as an executive order but I don’t really understand that. What I imagine... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A president could propose such measures, but legislation to do so is outside the executive branch's authority. That's something that would traditionally go through Congress. There is discussion of using other measures to replace revenue from income taxes - that might be what your friend... View More

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1 Answer | Asked in Immigration Law and Gov & Administrative Law for New York on
Q: Which approach is best for requesting change of status from G4 to F1?

I am in the US on a G4 visa as a dependent but need to change to F1 as my parent is leaving and I need to complete my studies here. I qualify for permanent residency but will only apply for thsi at a later stage. For changing from G4 to F1, is there any difference whether I ask for a change while... View More

James L. Arrasmith
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answered on Sep 25, 2024

If you are looking to change from G4 to F1 status, both options have their pros and cons. Applying for a change of status while in the U.S. can take several months, which could affect your ability to travel during that time. However, staying in the U.S. means you avoid any risks associated with... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Social Security for New York on
Q: Personal property was taken in violation to the Exempt Law, CPLR. 5222-A...and a court Restraint Order would issue
James L. Arrasmith
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answered on Sep 16, 2024

If your personal property was taken in violation of the Exempt Income Protection Act (CPLR 5222-A) and there is a court-issued restraint order, you may have grounds to challenge this action. The Exempt Income Protection Act protects certain types of income and assets from being seized or frozen. If... View More

Q: Why is the term "State" capitalized in 8 USC 1101 (36) (follow up/part 2)

My friend stated that the explanation given for the term State being capitalized showing that in this context that more than just the 50 states are considered states in this code was not correct as he said that it goes against the ruling established in Meese V Keene "It is axiomatic that the... View More

James L. Arrasmith
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answered on Sep 5, 2024

When the term "State" is capitalized in 8 USC 1101(36), it does have a specific legal definition that goes beyond the 50 U.S. states. In this context, "State" can include territories, possessions, and other areas under U.S. jurisdiction, which is why it’s broader than the... View More

1 Answer | Asked in Business Law, Gov & Administrative Law, Intellectual Property and Trademark for New York on
Q: Legality of Naming a Fragrance After a Biological Compound

Hello,

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More

James L. Arrasmith
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answered on Aug 21, 2024

Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and White Collar Crime for New York on
Q: If the supreme court continues to overturn anything that contradicts conservativism does the court have legitimacy?

The supreme court is literally overturning anything including stare decisis cases. Can the court survive if it’s just an activist group and not upholding laws. Its clear based on decisions they contradict themselves based on the governments role in some things and not others. Why is the... View More

James L. Arrasmith
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answered on May 1, 2024

The legitimacy of any court, including the Supreme Court, hinges on public perception of its impartiality and adherence to the law rather than political ideology. If the court is seen as consistently overturning precedents to align with a specific political viewpoint, it risks eroding its standing... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Q: Are there in laws that prohibit a Florida real estate developer from advertising our community in New York?

We sell vacation homes and have many clients from New York. We are thinking about participating in a property show but want to make sure its ok to advertise FL properties in New York. Our company is in Florida and so is the community that we would like to advertise. THANK YOU

Alex B. Pia
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answered on Dec 1, 2023

A general concern for interstate property advertisements is whether you are in compliance with any federal/local fair housing and discrimination laws - which can vary by state and city. If you are working with a local broker your agreement should specify that they are taking on these compliance... View More

1 Answer | Asked in Civil Rights, Legal Malpractice, Landlord - Tenant and Gov & Administrative Law for New York on
Q: What do I do when I have proof of fraud by NYS court employees and Attorneys against me?

Judge, Court Clerk and Attorneys/Landlords NYS

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 11, 2023

You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.

1 Answer | Asked in Gov & Administrative Law and Probate for New York on
Q: How do I go above a corrupt courts head? Clerk would not even accept documents to file appeal making me untimely?

Probate court has violated every rule and law as well as executor even criminal I believe but I can't afford an attorney. What do I do?

T. Augustus Claus
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answered on Sep 29, 2023

If you believe that the court is acting improperly, you may be able to file a complaint with the judicial conduct board or another oversight body. You might also attempt to file your appeal in a higher court, but failure to meet deadlines may be problematic.

2 Answers | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: I lost my license ver 10 years (Suffolk County, NY). It was due to lapse of insurance, I missed the court date. Help..
Howard E. Knispel
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Howard E. Knispel
answered on Sep 6, 2023

First you need to make sure you clear up everything with the DMV, pay any fines and, if you need, turn in your plates. Once that is cleared up, you need to clear up your situation with the SCTPVA. You need to pay whatever default fines were assessed. Speak to a traffic attorney.

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1 Answer | Asked in Business Law, Gov & Administrative Law and Government Contracts for New York on
Q: does queens county new york have an assignment of judgement praecipe ?

this question would be for a mortgage lawyer

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Forms aside, what are you trying to do?

Jack

2 Answers | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for New York on
Q: what is the safest way to legally get rid of old business contracts with client information on the contracts ?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

One option is to use a reputable shredding company. They can provide a receipt for completion of the work, which you could retain for your records. Good luck

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2 Answers | Asked in Gov & Administrative Law for New York on
Q: Can I legally put a neighbor's mail back in his roadside mailbox?

If wind blows a neighbor's mail from his open roadside mailbox onto my property, is it legal for me to put it back in his mailbox?

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

From a common sense standpoint, it would be a courteous and polite thing to do in being a good neighbor. But from a legal standpoint (since you ask "legally,"), if your neighbor might not appreciate people on their property, it could technically be considered trespass or privacy... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New York on
Q: I received a package with bars of Platinum in my locked PO box, the mail man signed for it, can i keep the bars?

I opened the package as it was addressed to my address and i had recently ordered something from amazon, but instead of a book, two 1oz bars of platinum fell out of the package. A few days later, a manager from one of the local post offices came to my door asking if i had gotten the package, i... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

No, you are not allowed to keep the platinum bars as they do not belong to you and were delivered to you by mistake.

Unknowingly receiving them isn't a crime, but willfully retaining them with knowledge they are not yours may be. I recommend you make arrangements to return them as...
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1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Daycare.Got a violation.Days later an AD for lawyer in mailbox.pay 5000.lose. I believe inspector placed ad for lawyer.?

She was labeled a child abuser and lost her daycare license. First Offense. Kid walked toward road. Passerby saw. total time 1-2 mins.Kid walked around the corner of house and like 60 feet. No injuries, perfectly unharmed.Built fence immediately after. can never happen again. Spent all savings.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2023

Further investigation might be necessary to meaningfully address the issues you suspect. But as a general matter, attorneys sometimes learn about matters in a community through seeing public notices, public court or agency records that include judgements, violations, etc. Good luck

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: The driving law states in nyc a driver with a permit needs dual brakes, yet while taking the road test while you only

Have a permit and don't need dual brakes

Tim Akpinar
Tim Akpinar
answered on May 10, 2023

Here is an excerpt from the NYS Department of Motor Vehicles regarding dual brakes...

"If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your parent, guardian, a person...
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