Darren Adam Heitner’s Answers

Darren Adam Heitner

Bay Harbor Islands Intellectual Property Law Attorney.

Contributor Level 8
  1. I have a signed contract to repay a debt with a woman who was the manager for an up and coming singer.

    Answered about 2 years ago.

    1. Darren Adam Heitner
    2. Robert Jason De Groot
    2 lawyer answers

    The signed contract will certainly be relevant evidence. However, it is important that the contract does not contain a covenant that says the repayment is contingent on the manager retaining her job as manager and/or receiving the payment first from the band (and said payment was never made).

    2 lawyers agreed with this answer

  2. In FL, can I get my "non-refundable retainer" back if no work was done?

    Answered about 2 years ago.

    1. Pamella A Seay
    2. Darren Adam Heitner
    2 lawyer answers

    Did you sign a retainer agreement? It is likely that other than a section on the retainer being "non-refundable" there were also sections that included the obligations of the attorney. It appears that the attorney may have breached those obligations. I would have to see the retainer agreement in order to get a better idea as to whether or not you can put forth a noble effort to get back the money you disbursed.

    1 person marked this answer as helpful

  3. Rule 1.350 of the Florida Rules of Civil Procedure

    Answered about 3 years ago.

    1. Darren Adam Heitner
    2. Eliz C A Johnson
    2 lawyer answers

    I am an attorney based in Fort Lauderdale, Florida. Rule 1.350 of the FL Rules of Civil Procedure are liberally construed. That said, the documents requested must be somewhat relative to your case. They cannot be "so excessive as to be unduly burdensome to the party ordered to produce." Generally, information sought must relate to issues involved in litigation. It is probably smart to retain an attorney to help with crafting objections to specific requests and then defend you in a...

  4. Is there a cancellation policy for dating services or is it totally binding?

    Answered about 3 years ago.

    1. Darren Adam Heitner
    1 lawyer answer

    It depends on the terms and conditions on the particular website. Unfortunately, most people don't review these terms prior to signing up, but sites do provide you with the opportunity to read them over before submitting any type of deposit. Take eHarmony.com for example. It's terms and conditions are listed here: http://www.eharmony.com/about/terms. Section 12 deals specifically with cancellations. In fact, this service clearly states that there is a 3-day cancellation policy....

    1 lawyer agreed with this answer

  5. Facebook....

    Answered about 3 years ago.

    1. Pamela Koslyn
    2. Darren Adam Heitner
    2 lawyer answers

    Agreed that your question does not make complete sense. Please realize that everything you do on Facebook is discoverable in litigation, though. For more on that, please read the following: http://ledger.nyu-ipels.org/2011/04/you-may-not-%E2%80%9Clike%E2%80%9D-this-title-everything-stored-on-facebook-is-discoverable/

  6. Can I be sued over $90

    Answered about 3 years ago.

    1. Darren Adam Heitner
    1 lawyer answer

    Sure. If so, you would likely be sued in the Small Claims Division of the District Court. In Louisville, Kentucky, jurisdiction is established if the claim is for $2,500 or less, exclusive of interest and costs. $90 would certainly fall under the scope. You can be sued based on an oral contract as long as the agreement was made within 5 years of filing the action. Honestly, though, it makes very little sense to bring an action in any court for $90.

  7. I signed a non compete agreement w/ current empl. It states that it shall be governed by the laws of AL. I work inTx.

    Answered about 3 years ago.

    1. Brian W. Erikson
    2. Jeffrey Albert Yates
    3. Darren Adam Heitner
    3 lawyer answers

    It seems that you are referring to a forum selection clause, which is typically boilerplate added near the end of an agreement. Such a clause is often enforced when it comes to venue; however, it is sometimes dispensed with if it makes sense to transfer the case to a different venue for the convenience of parties and witnesses. Realize that it is very rare for a court to ignore a forum selection clause in an agreement. The theory is that you and your employer freely bargained in advance of...

  8. Does an infringment notice received from internet provider with a letter attached from company claiming infringment mean serious

    Answered about 3 years ago.

    1. John E. Whitaker
    2. Joshua Alan Burt
    3. Bret Stuart Moore
    4. Darren Adam Heitner
    4 lawyer answers

    The fact that you admit that material was downloaded means that you should take the infringement notice very seriously. These letters often give you a time limit to settle or else you run the risk of potentially having your name added to a future lawsuit, where if you illegally downloaded the material (which you already admitted to), you will likely have to pay much more than the current demand. Your ISP will be subpoena'd and based on a myriad of recent decisions, your private information...