Morton Harrison Fry’s Answers

Morton Harrison Fry

New York Entertainment Lawyer.

Contributor Level 4
  1. American Arbitration Association Clause saying to share the fees equally for any or all disputes in the contract ! (Off books)

    Answered about 1 year ago.

    1. Morton Harrison Fry
    2. Eric Edward Rothstein
    3. Marco Caviglia
    4. Christopher D. Ferrara
    4 lawyer answers

    Please note the standard caveat; I am not your lawyer currently and my remarks are only a general comment on an AVVO question submitted publicly. 1. Arbitration provisions are generally enforceable, if signed. It is unclear whether you are saying you didn't sign one or your copy/arbitration agreement is different from your opponents? 2. While page by page initialing or signing may be helpful, there is no magic to it, nor legal disqualification if it doesn't occur. It is not the norm in...

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  2. I have a lawsuit that was filed (discrimination, disability) but never litigated. It is killing my chances of getting a job.

    Answered about 1 year ago.

    1. Vincent Peter White
    2. Morton Harrison Fry
    3. Charles Shinkle Watson
    4. Constantine D. Buzunis
    4 lawyer answers

    "killing my chances of getting a job..". It may be -- or may not be-- the case. Has a prospective employer told you that orally or in writing (unlikely)? One problem with all discriminatory practice is finding/getting "evidence", particularly difficult regarding the application process. If they did give you "smoking gun" evidence, that might give rise to an EEOC claim since the EEOC claims/believes the "retaliation" that is prohibited under its laws include pre-employment "retaliation"....

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Copyright infringement to sell a parody of a popular song?

    Answered over 1 year ago.

    1. Morton Harrison Fry
    2. Jason Harris Rosenblum
    3. Ivan Jose Parron
    4. Philip Leon Marcus
    5. Trina Ann Longo
    6. ···
    10 lawyer answers

    This is a complicated area, and the previous legal suggestions by my AVVO colleagues are generally on point and correct. The starting point for your thoughts is that once a work is copyrighted i.e., (the song you want to parody), it is fully protected federally, absent an exception in the copyright law (or the constitution). The copyright exception for “Fair Use” for criticism (parody) is at Section 107 of the US Code, Title 17 . See http://www.law.cornell.edu/uscode/text/17/107 for...

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  4. Want to work at same client location with different employer but had signed non compete clause agreement with my current employ

    Answered over 1 year ago.

    1. Morton Harrison Fry
    2. Howard A. Schwartz
    3. Jeffrey Bruce Gold
    4. David Feivel Katz
    4 lawyer answers

    Non-compete clauses, while arguably "disfavored" in NY by its courts, also exist in a state and court system that starts with an "at will" premise regarding employment and a bias toward employers/corporations, meaning that the answer in this area is almost always fact-based and variable: i.e., what do you do, how long (time) and wide (geography) would the clause prevent you from making a living, and in what particular work area. In other words, in a way, it's a balance between what the...

    2 lawyers agreed with this answer

  5. I terminated my apartment contractor on Monday, Nov. 19. I may loose my deposit. Do I have cover his entire loss?

    Answered over 1 year ago.

    1. Morton Harrison Fry
    2. Richard J. Chertock
    3 lawyer answers

    Since I am not engaged as your lawyer this note does not constitute legal advice and your reading this caveat constitutes your agreement to such effect. If and when you or anyone engages me as his/her lawyer we must have an engagement letter agreement spelling out the terms of the engagement and until them my AVVO “comments” are just that, public comments regarding your situation. That said, your written contract with Universal Renovation (UR’s) will determine your liability most likely,...

    2 lawyers agreed with this answer

  6. I was verbally abused at work for the last 3 months by my supervisor & witness my supervisor go into rage with others

    Answered over 1 year ago.

    1. Jayson Lutzky
    2. Morton Harrison Fry
    3. Arthur H. Forman
    4. Christine C McCall
    4 lawyer answers

    Mr Forman and Ms McCall have it right.

    1 lawyer agreed with this answer

  7. My former employer no longer provides the services of the division that I managed. Can a non compete still be enforced?

    Answered almost 2 years ago.

    1. Morton Harrison Fry
    2. Ronald Joseph Kim
    3. Vincent Peter White
    3 lawyer answers

    This answer expressly does not constitute legal advice, you have not engaged me and I have not done research to answer. That said: as a hypothetical: non-compete agreements are generally enforceable in New York (different states differ as to enforceability). The enforceability depends most on (1) the language of the agreement and (2) the specificity of the enforceability as to you (more enforceable if in a specific employment contract applicable to you particularly, as a specific...

    1 lawyer agreed with this answer

  8. I was caught stealing on my job and got fired. i was told they want to file a complaint against me now. what does that mean?

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Eric Edward Rothstein
    3. Morton Harrison Fry
    3 lawyer answers

    I agree with the other responders; if you can afford it, you need to speak with a criminal attorney, who can be helpful right now to get you ahead of this -- hopefully one recommended by your friends, who know his/her work. I can recommend STEPHEN G. MCCARTHY, JR. , SLIGO TRIBECA ASSOCIATES, 35 WORTH STREET, 3RD FLOOR, NEW YORK, NY 10013, 212.925.5901, FAX: 212.226.5904,CELL: 917.270.0236, who has served my clients well, in Manhattan and the Bronx.

  9. What are my legal options?

    Answered over 1 year ago.

    1. Vincent Peter White
    2. Arthur H. Forman
    3. Eric Edward Rothstein
    4. Robert A. Stumpf
    5. Morton Harrison Fry
    5 lawyer answers

    Four prior lawyers have recommended sequentially to you: public help from a labor dept, small claims court and "suing "(2x). My comment is that the particular facts, including total amounts and employment arrangements, are important, and whatever you do, you should try to get admissions in writing from your potential adversary before you become clearly adversarial. If the total amounts are under $5000 and you have an admission that they owe you the money, I'd go to small claims asap, as...

  10. I work in Retail, I recently joined a company that made me an offer that I accepted... the offer was salary plus a bonus structu

    Answered over 1 year ago.

    1. Alix R. Rubin
    2. Morton Harrison Fry
    3. Vincent Peter White
    3 lawyer answers

    "an offer": was it in writing or oral? Oral offers contracts are hard to prove, and subject to "he said, she said" credibility contests, unfortunately. "making me sign" -- to give good advice any lawyer must see initial offer and proffered 90 day paper. "praised and admired my work", in writing or orally, and if latter how prove?. see my first comment above. "is this legal". NY is an "at will state" meaning employers can hire and fire at will subject only to (1) certain constitutional and...