Skip to main content
Fredric Harlan Aaron

Fredric Aaron’s Answers

10 total

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

    How are companies able to make collectible/memorabilia products, based on ex presidents and current presidents legally? Meaning how are companies able to do such a thing without having the pay the peoples the products they are dedicated to and etc...

    Fredric’s Answer

    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 than to be the defendant in an infringement lawsuit.

    See question 
  • My friend did a business marriage to get her papers

    she didnot obtain it because she did not pass the interview, she file for her son he got a 2 year contional green card her son is here his card expired in 4 months what's can she do? her spouse is no where to be found.

    Fredric’s Answer

    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 appeal are generally not good.

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

    What would be the technicalities of being able to make a remake of an already existing popular character such as Captain crunch or tucan sam into an adaptation childrens book or etc....with or without the original owners permission. What would hav...

    Fredric’s Answer

    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 breakfast cereals). It sounds like what you are envisioning is not within the parameters of the Fair Use Doctrine. Under the circumstances, you should probably consider using characters which are public domain or use your own imagination to create your own characters. My clients will tell you from their own experiences that attempting to trade on the intellectual property of big companies without their permission is a venture which is fraught with peril.

    See question 
  • 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.?

    In this case, the seller and record owner of a house in Florida was in Spain. She signed a power of attorney to a Florida attorney to empower him to sign the deed. The POA was also purportedly signed and stamped by the U.S. consul in Spain. I t...

    Fredric’s Answer

    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 form used was one which Florida accepts, and the signature was made before the apostile at the US consulate in Spain, then it should be valid for the Florida real estate transaction.

    See question 
  • Is an unsigned agreement valid?

    A credit card payment was disputed because of no service received. The store provided the credit card company with an agreement without customer signature and argued the agreement indicates the service charge is not refundable and the customer has...

    Fredric’s Answer

    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, in which case the terms of the unsigned agreement would apply. You should consider contacting an attorney with experience in contract law to assist you with your situation.

    See question 
  • Want out of a Business Partnership

    Business Partner has done many things that are not right. Fraud by filing false state taxes, transferring funds out of line of credit into personal account without permission, payroll items and other items. Interested in an attorney that can nego...

    Fredric’s Answer

    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 great deal of liability already, assuming your allegations against your partner are true. You will need to have your attorney send a letter to your partner or his/her attorney stating that you are terminating the partnership immediately, and listing the reasons for your decision. In addition, you should seek indemnification from your partner. This may be difficult to achieve and may not be of much help if your partner does not have many assets. I would strongly urge you to contact an attorney immediately with experience in this area of the law.

    See question 
  • Are all NDAs still legally binding if the company changes entities?

    Would I need to sign a new NDA when my company changes its entities to LLC? The company name will stay the same but the entity will be changed.

    Fredric’s Answer

    • Selected as best answer

    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 the NDA, then a court may rule the transaction a "fraudulent conveyance" (basically a deal put forward for the sole or main purpose of evading creditors) and have the new entity bound by the NDA.

    See question 
  • Is it Legal to Operate a Fantasy Sports Money Website

    I have a site where people go to play fantasy sports contests that last just one day (not the whole season). They pay to play for a chance to win money and I get a percentage for providing service. EX: 5-Person contest - Pay $5 for a chance to ...

    Fredric’s Answer

    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 offering your participants non-cash prizes, such as free plays (something many fantasy sports websites offer). In any event, you should consider hiring an attorney with experience on internet law to assist you in your enterprise. The cost of an attorney will be much less than you will have to spend if you end up accidentally violating a law governing this enterprise.

    See question 
  • Federal and NYS tax filings missed

    My wife and I have not filed Federal or new York state tax returns since 1995, the year I was diagnosed with the disability of epilepsy (it is a contributing factor). We have always qualified for a refund from the feds, so it never seemed really ...

    Fredric’s Answer

    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 to sort out the problems. While they will rarely waive the amount due and interest, you can often get them to waive the penalties and interest on the penalties. In addition, the IRS will often agree to a payment plan to help the taxpayer avoid bankruptcy. The key is that you have to be 100% up front in your dealings with the regulators. Hire a lawyer well versed in this area and, if possible, with contacts at the IRS and NYS Tax Dept.; he or she will be worth the price.

    See question 
  • Divorce without green card

    I'm french, got married 2 years ago to an american citizen.I wasn't in a rush in going back and we never had the money to start the papers.but we finally got it recently. Unfortunately, we also decided to get divorced.I came in on a tourist visa ...

    Fredric’s 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 resident alien, ou have been accruing time towards a bar against readmission. Since you have overstayed your visa for more than 12 months, you face not being readmitted into the USA for 10 years. In answer to your first question, your only option is to file for adjustment of status now, assuming you and your spouse reconcile. As you may know, the CIS will interview you and your spouse so you both have to agree to this. If you divorce, then your only option will be to return to France and face a readmission overstay bar. As to your second question, you are technically illegal now, but I assume that no effort has been made by Homeland Security to commence a removal proceeding at this time.

    See question