Fredric Harlan Aaron’s Answers

Fredric Harlan Aaron

Plainview Business Attorney.

Contributor Level 7
  1. Federal and NYS tax filings missed

    Answered over 6 years ago.

    1. Nancy Baum Delain
    2. Fredric Harlan Aaron
    2 lawyer answers

    Ms. Delain's advice is correct. You should definitely seek the assistance of a bankruptcy attorney, particularly one who also is adept at tax law issues. There is one ray of hope. My recent experience with clients who are delinquent in filing tax returns has shown that the IRS is more reasonable in their approach than in past years. If you can show a hardship or other legitimate reason for your failure to file (such as inadequate legal or accounting assistance), then they will work with you...

    3 lawyers agreed with this answer

  2. Divorce without green card

    Answered over 6 years ago.

    1. Fredric Harlan Aaron
    1 lawyer answer

    Your question actually has more to do with immigration law than divorce law. The simple answer is that you should have immediately filed for adjustment of status to resident alien based on the marriage. Even if you overstay your visa, if you marry a US citizen, you can remain in the country while your case is pending. The only exception is if you are in removal proceedings prior to the marriage (which is not your situation). However, since you did not file to adjust your status to permanent...

    1 lawyer agreed with this answer

  3. Are all NDAs still legally binding if the company changes entities?

    Answered almost 3 years ago.

    1. Fredric Harlan Aaron
    2. John Warwick Caldwell
    3. Pamela Koslyn
    3 lawyer answers

    A threshhold question is whether the change is entity was effected through a merger/stock acquisition, or through a sale of assets. If it was the former, then any and all agreements will have to be honored unless specifically excluded from the deal. If it was the latter, then the new entity may be able to claim that the NDA is no longer binding if it was not specifically assumed as part of the transaction. In any event, if the change in entity was done in an effort to avoid being bound by...

    Selected as best answer

  4. How are companies able to make collectible/memorabilia products, based on ex presidents and current legally?

    Answered almost 3 years ago.

    1. Jeffrey Bruce Gold
    2. Fredric Harlan Aaron
    3. Barbara I Berschler
    3 lawyer answers

    With respect to ex-presidents and historical figures, many companies are able to use images which are considered in the Public Domain. This is where the original rights have lapsed for various reasons. With respect to companies which manufacture and market such memorabilia, they often employ experienced intellectual property attorneys to help guide them through this process. You should consider retaining such counsel to assist you, since it is easier and cheaper to negotiate for royalty fees...

  5. My friend did a business marriage to get her papers

    Answered almost 3 years ago.

    1. Michael David Siegel
    2. Fredric Harlan Aaron
    2 lawyer answers

    If your friend was denied her application for permanent resident status (aka, Green Card) and her visa has expired, then she will have to leave the USA within 180 days of such expiration, or she will be subject to a 3 year bar on her returning to the country. As for her son, he can stay for the remaining 4 months, but if he is a minor, it is probably best for him to leave with your friend (his mother). She can try to appeal if the time has not expired for filing, but the chances of winning an...

  6. What r the technicalities of taking another companies work and adaptating it into something else with and/or without their perm

    Answered almost 3 years ago.

    1. Pamela Koslyn
    2. Fredric Harlan Aaron
    3. John Warwick Caldwell
    3 lawyer answers

    Both of these are excellent answers. It sounds like you may be attempting to bend and twist the Fair Use Doctrine as far as it will go without breaking. Good luck, because this doctrine is very limited, such as for legitimate news purposes (the New York Times doesn't need permission to show a picture of Cap'n Crunch if there is a news article about this cereal), for parody (such as in "Mad" magazine) or criticism (such as a work which is critical of the relative health benefits of children's...

  7. Is an unsigned agreement valid?

    Answered almost 3 years ago.

    1. Hayley R. Greenberg
    2. Mary Katherine Brown
    3. Fredric Harlan Aaron
    3 lawyer answers

    The answer would depend upon a review of the agreement as well as all of the facts in this situation. In general, an agreement does not have to be in writing unless it involves land, suretyship/guaranty (basically answering for the debts of a third party), marriage or would require more than one year to perform. If the store is able to prove that it provided the goods or service in question, then a court may rule that there was performance under the agreement and acceptance by the consumer,...

  8. Is it Legal to Operate a Fantasy Sports Money Website

    Answered almost 3 years ago.

    1. Fredric Harlan Aaron
    2. Michael David Siegel
    3. Tracey M. Martin-Henry
    3 lawyer answers

    Despite what you found on wikipedia, I would caution against awarding any cash prizes in connection with fantasy sports contests on the Internet. Other sites, such as The Sporting News, used to offer cash prizes but moved away from it since it is close to being violative of local, state and federal laws regarding gambling. One of the problems you may encounter is that each state and locality has its own laws defining "gambling" making compliance a nightmare. Instead, you might consider...

  9. Want out of a Business Partnership

    Answered almost 3 years ago.

    1. Richard Ronald Bernstein
    2. Fredric Harlan Aaron
    3. Barbara I Berschler
    3 lawyer answers

    I am not admitted to practice in your state, so my answer may only be applicable to New York. Your question did not make clear if this is a general partnership or some other business entity (limited partnership, LLC, LLP). If you have a general partnership, then you could be personally liable for the acts and misdeeds of your partner. Partners in a general partnership are jointly and severally liable for the debts of the other partner(s). In this situation, it sounds like you may have a...

    1 lawyer agreed with this answer

  10. What has to be done to legalize a foreign power of attorney so that it can be used to transfer real property in the U.S.?

    Answered almost 3 years ago.

    1. Marshall C Deason Jr.
    2. Fredric Harlan Aaron
    2 lawyer answers

    A power of attorney can be valid if it is signed in a foreign country or a state other than Florida if it is signed before the apostile at the US embassy or consulate in the foreign country, or before a notary public in the other state. However, the power of attorney form must be one which is valid in the state in which the real property is located. Therefore, a New York power of attorney form may not be used in Florida except in some very limited circumstances. In your situation, if the...