Rochelle S. Rabin’s Answers

Rochelle S. Rabin

Malvern Business Attorney.

Contributor Level 12
  1. I signed intellectual property rights agreement with employer. I'm starting untreated company, ok to copywrite under comp name?

    Answered about 1 year ago.

    1. Brian W. Erikson
    2. Marc Jacobson
    3. Rochelle S. Rabin
    4. David M. Slater
    5. Pamela Koslyn
    6. ···
    7 lawyer answers

    I just want to add that, if you go the route of asking your employer first if they would agree to except your independent work from what's covered in the agreement, get that in some kind of writing. I agree that the company might just agree to keep their hands off if it's in an area where they have no business interests. For example, if you're writing poetry and you work for a software company, they're most likely not going to get into the poetry business so your work would have no value to...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What is considered a reasonable search for heirs to an estate?

    Answered 7 months ago.

    1. Rochelle S. Rabin
    2. William J. Benz
    3. Michael Leo Potter
    4. Timothy Edward Kalamaros
    4 lawyer answers

    Well, it's possible that it's a breach of something, but if you know that the person died and it's early enough that the estate hasn't been distributed yet (within about a year from when the estate was opened and advertised, maybe more, maybe less), don't wait for a formal invitation. Contact the attorney and the administrator, and let them know you exist. Otherwise, I don't know that the court is going to have a lot of sympathy for you if you're just hanging back and waiting to be notified....

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  3. (He) cohabits with my friend (Her). All property is in Her name and I am sole beneficiary. Do I need power of attorney?

    Answered over 1 year ago.

    1. Rochelle S. Rabin
    2. Cynthia A McNicholas
    3. Joseph M. Masiuk
    4. John P Corrigan
    4 lawyer answers

    I think I understand your question -- that you are asking how you would evict the boyfriend after your friend dies and you inherit her property. Am I right? If so, the estate would go to probate or administration, and a personal representative appointed, and the property transferred to you (of course, taxes and administrative expenses, and last debts would have to be paid from the estate). So if you end up inheriting the house, then you can deal with evicting the tenant or asking him to leave...

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  4. What questions should I be asking when looking for a contract attorney?

    Answered 6 months ago.

    1. Ivan Jose Parron
    2. Sagar P. Parikh
    3. Rochelle S. Rabin
    4. Gary Ralph Ilmanen
    5. Scott Richard Kaufman
    6. ···
    10 lawyer answers

    Absolutely find an attorney with experience in the segment(s) of the entertainment industry in which you are working. Specialized knowledge of the industry is key, and someone who has contacts within the industry can be invaluable.

    6 lawyers agreed with this answer

  5. Is this "America's Got Talent" contract good to sign? It seems to be 'over the top' but maybe I'm wrong?

    Answered 7 months ago.

    1. Bruce E. Burdick
    2. Rochelle S. Rabin
    3. Frank A. Natoli
    4. Bartley F Day
    4 lawyer answers

    Congratulations -- I think :-) -- on getting this far in the proceedings. This area of AVVO is not for giving specific advice to anyone regarding a contract because that could bring up all kinds of professional responsibility issues. It's really just for general direction. Also, I'm with Bruce; I don't click on links, either. (There's a nasty ransomware virus going around.) From your post, it looks like a really awful contract. Now, it may be that the provision about gross negligence is...

    6 lawyers agreed with this answer

  6. Can he be prosecuted for exposing a minor to pornography?

    Answered 8 months ago.

    1. Greg Thomas Hill
    2. Andrew Stephen Roberts
    3. David Matthew Piper
    4. Rochelle S. Rabin
    4 lawyer answers

    Due to a quirk in AVVO's system, this question went out to the Entertainment Lawyers. It really is a Criminal Law question, and since each state can have different criminal laws, this is best answered by someone who practices in California.

    6 lawyers agreed with this answer

  7. Can I sue my publishing company for not sending me the right amount of royalty's for our book...

    Answered 9 months ago.

    1. Daniel Nathan Ballard
    2. Benjamin G Kelsen
    3. Russell William Kinsey
    4. Rochelle S. Rabin
    5. Bruce E. Burdick
    6. ···
    7 lawyer answers

    I agree with the advice that you should review your publishing contract carefully, and have an attorney review it before you sue (the attorney would do that, anyway). There are often provisions into it regarding the timing of royalty payments and what can be withheld. You are also entitled to period accountings. The contract should address that, also.

    6 lawyers agreed with this answer

  8. Can an agent legally add a Sunset Clause?

    Answered 11 months ago.

    1. Ivan Jose Parron
    2. Heather M Morado
    3. Rochelle S. Rabin
    4. Daniel Gary Rosenthal
    4 lawyer answers

    I'm in agreement with the other two attorneys that this type of clause is common and is also something that you might want to negotiate away if possible before signing anything. (I assume you've already signed.) I would urge you to have a consultation with a California entertainment attorney. Despite what the contract says about state jurisdiction, I'm not so sure that California law does not apply if you are based there and working there. Also, from my limited research into California...

    6 lawyers agreed with this answer

  9. Will a dui from another state show up on my criminal background check?

    Answered about 1 year ago.

    1. Rochelle S. Rabin
    2. Todd F. La Neve
    3. Derek Anthony Patrin
    3 lawyer answers

    It could, yes. My recommendation is to find out if you're eligible for having the record expunged. I don't know North Carolina criminal law, nor do I know if you were convicted and found guilty or if you went into NC's equivalent of our ARD program (probation, license suspension, etc.) here in Chester County. Here, if you go into ARD, you can apply to have your record expunged. If you can do that with your NC DUI, then you won't have to worry about it showing up in a background check. I'd...

    4 lawyers agreed with this answer

  10. My ex didn't take the parenting class. Can I still get my divorce to be finalized?

    Answered about 1 year ago.

    1. Kathryn L. Hilbush
    2. Michael Kuldiner
    3. Rochelle S. Rabin
    3 lawyer answers

    I agree that the parenting class isn't necessary for obtaining a divorce decree. I'm not clear on whether there's been a problem with your getting your decree, or if you're just wondering if there's anything left for you to do. If the court refused to grant the decree, they should give you an order with their reasoning on it, and then tell you what you need to do for the divorce to go through. The other question is if you're absolutely sure you filed all the final paperwork and got the...

    4 lawyers agreed with this answer