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Richard E Weltman
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Richard Weltman’s Answers

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  • This Non-Circumvention Agreement Scares me... It feels too open ended. Am I over-reacting?

    COMPANY A and COMPANY B agree not to engage in or enter into a contract to engage in any business related negotiations or transactions of any sort with companies introduced by the other without prior written disclosure to the originating party. Bo...

    Richard’s Answer

    It likely worries you because it seems overly broad rather than being tailored to your particular transaction. Templates like this one are best thought of as starting points. Get the assistance of a NY business lawyer to modify the non-circumvention language so that your most substantial concerns are addressed.

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  • What are my legal rights?

    how can my neighbor claim harassment when she drove into my driveway in the line of me watering my flowers? What are my rights if she was on my property? She filed harassment with my town and now I received a mediation letter that I must attend?

    Richard’s Answer

    There is clearly another side to the story because right or wrong your neighbor feels aggrieved. Suggest you meet with an experienced NJ attorney in a confidential office setting regarding the facts and circumstances. Mediation is a non-binding dispute resolution proceeding that can be very effective as it permits each side to tell his or her story to a neutral mediator.

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  • Would the owner or hosting company of a website be required to reveal identities of cloaked reviewers if subpoenaed?

    And is there legal a way to protect identities of reviewers to allow for journalistic-style honesty? Under what circumstances would such a subpoena be issued? (I'm thinking if a reviewer was honest about a service and the company didn't like what ...

    Richard’s Answer

    • Selected as best answer

    Great question. This area is in constant flux with much protection offered to the host site similar to the protection offered to publishers in the printed world. Courts are typically reluctant to uncloak anonymous posters. Start with posting a strong terms of use and privacy statement developed with the assistance of a lawyer familiar with cyber-law and Internet matters. Remember that In America anyone can sue anyone. I changed the topic from Lawsuits to Internet so that others may weigh in. Good luck.

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  • My lawyer is telling me that in my NJ civil case, the judge might not allow me to speak. WHAT?? Can a judge do that?

    Im a defendant in a civil case against the state of NJ. My lawyer said that the judge might not allow me to speak at my upcoming hearing, which is for a motion to enforce plaintiffs rights. Can a judge do that? How can that be allowed under the l...

    Richard’s Answer

    The answers provided are accurate. The court also has discretion at oral argument on a contested motion to hear from the attorneys rather than the party. Presumably you have already provided your testimony in the form of a written certification filed with the court. Your attorney should be able to address your concerns when you next meet or confer.

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  • Legal Strategy

    A friend filed summons and complaint against a party. The party defaulted in providing an answer. During the default, my friend was robbed and lost a lot of important evidences for the case. The defendant later filed motion to vacate the default ...

    Richard’s Answer

    Interesting question. Your friend should consult an experienced New York litigation lawyer in a confidential office setting to discuss the particular evidence that is no longer available and how this would impact the case whether or not the default judgment were to be vacated. Prejudice is one matter. Another argument against vacating the default, for example, might be that too much time has passed, witnesses are no longer available, or that the movant has not demonstrated a meritorious defense to the complaint. Even in cases of default, the court is likely to schedule an inquest so that plaintiff can establish a prima facie case for entitlement to money damages. In other words, evidence in support of the claims must be brought forth by plaintiff , whether the matter is contested or not. Again, an experienced litigator can help your friend obtain the relief sought and comply with the court rules.

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  • Recently, I got a few unrelated copyright claim notice from my internet provider. Should I expect a lawsuit filed against me?

    Both notices were mailed and from Optium Online.

    Richard’s Answer

    Take this seriously and meet with an experienced NY intellectual property lawyer familiar with Internet copyright infringement claims in a confidential office setting. Bring the copyright claim notice(s) with you and be prepared to discuss the underlying facts and circumstances so that your situation may be properly evaluated. I changed the main topic from Lawsuits to Intellectual Property so that others may weigh in.

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  • Can a townhouse association add a fee to review bankruptcy after I filed?

    I filed in Feb 2015 then I get a statement in Mar 2015 statement $150 review bankruptcy?

    Richard’s Answer

    The right to charge this fee is likely covered by your condominium documents. You can read them yourself or ask a lawyer to do so for you. You can also ask your association manager for an explanation. Unlike many other traditional debts, you are responsible for post-filing condominium association assessments and charges under an exception included in the federal bankruptcy code. This is true so long as you continue to occupy the condo unit and do not surrender it. Consult with your bankruptcy attorney regarding the non-dischargeability of certain condominium charges even after filing for creditor relief under chapter 7 bankruptcy.

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  • What is the process involved in filing Chapter 7 corporate bankruptcy?

    I own a tutoring franchise that losing money. It is up for resale, but I don't believe it will sell through the franchise network. I currently owe tutors around $5,000.00 and families about $5,000.00 in refunds and cannot afford to pay either. ...

    Richard’s Answer

    Generally speaking, business chapter 7 is a last resort. To help you decide if this is the correct option, your business and personal assets and liabilities should initially be reviewed in a confidential setting by an experienced NJ bankruptcy lawyer. The franchise agreement should be considered as well before you make any decision to file. As an alternative, you may wish to reach out to the franchisor and to fellow franchisees for suggestions and assistance. Good luck.

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  • Can you start two completely different businesses under the same "general" LLC?

    For example, say your name is Bob Johnson and you want to start a Web Design business AND a landscaping business. Can you create just one LLC called "Johnson Services LLC" and use that for both businesses? Or do you need separate LLCs fo...

    Richard’s Answer

    Good advice has been offered to you. Speak with your accountant and insurance agent, as well as with an experienced NJ business lawyer. One LLC could do the trick but two may be better for purposes of limiting your overall liability risk. It may depend on your banking relationship as well as with your vendors and customers among other factors. If you opt for two companies you will need to keep money and business entirely separate and avoid commingling assets.

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  • Can I can file a suit against my former college for financial damages?

    My former college neglected to provide me with my private student loans from May 2014-September 2014. I was attending classes at a different college due to my school not offering one of the classes I needed, and during that time I had no money. De...

    Richard’s Answer

    Speak to an experienced creditor-debtor lawyer in a confidential office setting after providing the supporting documentation. The relationship of your credit card debt to the cited neglect in providing the private student loan seems indirect and tenuous. From what you you offer so far this would be a difficult case to make against your former school.

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