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Christopher Edward Ezold
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Christopher Ezold’s Answers

3,320 total


  • Car dealership suing me for negative reviews online - what to do?

    I posted a negative review (truthful) against a car dealership online (G+, yelp and 2 more sites). Within a week received a ceist deist letter in FedEx to my home from their lawyers asking me to end reviews or face libel/slander lawsuit. ...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, do not post anything further here. Speak to an attorney ASAP; cost of defense in a defamation lawsuit can be high. You want to have the attorney review the postings and the facts, and get confidential advice on what to do - and bring your insurance policies, if any, with you for the attorney to review to see if you might have coverage.

    /Christopher E. Ezold/

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  • Delaware LLC with foreign investor on convertible note, what forms do I need to file after the investment?

    Hi, I have just incorporated a Delaware LLC and I want to get a foreign investor (non accredited US investor) on-board using a convertible note 1) What are the steps I need to take after issuing the note, what forms do I need to file ...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, this is too complicated a discussion to have on the Avvo boards; you need to speak to an attorney about how to proceed, especially before any documents are signed or monies transferred. Due to the potential liabilities attached to failing to comply with SEC regulations and securities laws, you want to proceed carefully here.

    /Christopher E. Ezold/

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  • Is there a way to access the records of a specific family law judge to see how they have ruled in prior cases?

    I am filing a pro se, post-divorce motion in Essex County before a judge I don't know. I would like to be able to access court records to see how he ruled and what his thoughts were on prior, similar cases. Are these records available to the pub...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, you can use Westlaw or Lexis to do searches, if you know how and have access. This is what attorneys do regularly. Your best bet isn't a case search, but a consult with a good family law attorney who has practiced regularly before the judge. That attorney will know information about the judge that you won't be able to get from any database, as well as how the judge has ruled before and can do searches on legal databases available to attorneys. It'll be a much better spend of your time and money, and give you more accurate and useful results.

    /Christopher E. Ezold/

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  • I need advice not sure I need a lawyer but my job that I was laid off from 4 weeks ago

    They fired me cause I wasnt meeting there managerial needs...so today I gets a voice mail accusing me of stealing and they if I don't call back they will be calling police

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, speak with a criminal defense attorney now. Post no details or other statements online. Whether your employer has enough to get the police interested is impossible to tell from this question, but I wouldn't recommend sitting around waiting to see what will happen. Get in front of this by speaking with a good defense attorney.

    /Christopher E. Ezold/

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  • What specific criteria must be met to prove an age discrimination case?

    My dad was fired from his job at a nursing home after 20+ years of service in all that time he only had one write up. He was not given any reason. I have asked this question once before but I'm looking for a more detailed response. What do we need...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, there are books written on this subject - Avvo isn't a good place to give a detailed answer. Basically, your father needs to prove that (a) he is over 40, (b) he was qualified to do the job, and (c) he was terminated under circumstances that 'give rise to an inference of discrimination.' This is step one - the prima facie case; it is essentially a smell/smoke test. If it smells bad, then you likely have enough to pass the test. Next, the employer may rebut the claim by showing it had a legitimate business reason for what it did. Finally, your father can respond by showing that the employer's legitimate business reason is merely a pretext for firing him - essentially, that their position is a lie. What you need to prove or oppose the various portions of this analysis is dependent on the facts of the case. Your father should speak with an employment discrimination attorney ASAP to determine how to proceed - statutes of limitations run quickly and evidence disappears quickly.

    /Christopher E. Ezold/

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  • Whether to request a trademark, service mark or copyright?

    I have created a product (food items). Created corporate entity & fictitious name. I want to protect the description of the product and the image that will be in between two words of the description. I checked the trademark cite and the name ...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, this is a trademark issue, although the name itself without the log may be something that you will want to also trademark. It takes fewer steps to trademark a product that is already in the stream of commerce, so starting to sell now, especially if you cannot find anyone who has any product that might be competitive and/or with a similar name or mark. While the application is pending, you have protection, but only to the extent that you are 'first in line' - if someone has applied before you, their application would take precedence. You should speak with a business attorney to determine what legal hoops you have to jump through, including IP issues, to get your food product to market.

    /Christopher E. Ezold/

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  • Is trolling the Internet while making false confessions about crime NOT commited against the law?

    Suppose some immature juvenile in your family finds it fun to troll the interwebz by attempting to rile people up by making false confessions of crimes never actually committed. Other than being exceptionally unwise, is this illegal? Like suppose ...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

    That being said, it is not illegal to make public statements confessing to a crime that you did not commit - but that does not mean a prosecutor won't believe the lie and use the confession against the interwebz-trolling juvenile. The defense costs, emotion burden, family burden and public record (because it will make good press) of the process cannot possibly be worth the lulz. Further, if the confession was made to target a specific person there may be harassment or other criminal charges that can be levied. Finally, even if nothing ever happens, future employers, friends, colleagues and romantic interests (and their families) may very well find the 'confession.' Good luck finding a job and having a life afterwards.

    /Christopher E. Ezold/

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  • My wife works for an animal rescue and the director is going to change them all to 1099's.

    Currently they are hourly wage w2's. She is going to have them do the same job (dog care) as "on site fosters" now because she couldn't make payroll on time and is broke. So she plans on saving money this way. She told them they will be paid 11 do...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.

    That being said, this does not appear legal - the 'on-site fosters' cannot really be fosters - they are caring for the animals onsite for the employer. These people are likely employees under the law, and entitled to unemployment workers' comp, etc. If the employer doesn't pay the related taxes, the employees will still have access to UC/WC, but the employer has significant liability to the state. Further, the employer must withhold employment taxes - and failing to do so can create further liability for the employer, and a tax annoyance for the employees. The switch from employees to 1099 contractors tends to precede the demise of a business - but the effect on your wife will likely be annoyance only. She'll be able to pay her own income taxes, but will have to file an SS-8; she'll have access to UC/WC, but will have to jump through extra hoops. If the employer refuses to pay overtime, however, your wife should consider taking a stand.

    /Christopher E. Ezold/

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  • Is it legal to use the word "Autism" or related words in a business name?

    I am a primary caregiver to a child on the Autism spectrum. Due to his eczema and allergies I have used natural recipes for soaps and cleansers. I would like to build a business to help support his needs, and potentially give him the opportunity t...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.

    That being said, this is a difficult question to answer. It is not illegal to use the word "Autism," but HOW you use the word can cause problems. If your business name could mislead consumers into believing that your products have a therapeutic effect they do not, or the seal of approval of an autism-related entity, you may have potential liability. You should speak with a business attorney to determine how to proceed. If you are producing or selling a product that is a 'cosmetic' or other regulated product under federal law, you will have more hoops to jump through. You will need a good accountant, insurance broker and attorney; this team will help you navigate the minefield of setting up your own business, and help you create one that can be run easily and efficiently by your son.

    /Christopher E. Ezold/

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  • Am I required to repay relocation expenses after being terminated by the decision of the company?

    Company that terminated my job 3 months after date of hire is demanding repayment of relocation expenses. Contract states relocation expenses are conditional upon 2 years of continued employment, but then states "in the event that I voluntarily te...

    Christopher’s Answer

    Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law apply, unless otherwise specified.

    That being said, it is impossible to tell without reading the contract in its entirety, and discussing the facts of your situation with you - but - it appears that you do not owe the relocation monies back. It may be worth speaking with an attorney now to deal with the situation - if they sue, your defense costs to win the case would be expensive.

    /Christopher E. Ezold/

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