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Zachary James Levine

Zachary Levine’s Answers

85 total


  • Need a Legal Opinion that states that the Online Game "Piracy Age" is not considered gambling

    We run an online game www.PiracyAge.com where players play for free. The players have the option to buy subscriptions or credits. The players win only credits. We have been recently contacted by our payment method provider mentionning the follo...

    Zachary’s Answer

    I would certainly be willing to discuss this with you more. The information to reach me and my office is provided in my profile, give us a call or send us an email and we can go from there.

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  • Need a Legal Opinion that states that the Online Game "Piracy Age" is not considered gambling

    We run an online game www.PiracyAge.com where players play for free. The players have the option to buy subscriptions or credits. The players win only credits. We have been recently contacted by our payment method provider mentionning the follo...

    Zachary’s Answer

    I reviewed your website and it does not appear to be a gambling site, however there is no information that I could see (without registering for the game) regarding which credit card processing company you use to determine whether you comply with their guidelines.

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  • Is is illegal for someone to post a picture of you on Facebook without your permission.

    My wife's ex-husband posted some pictures of the two of them together on his Facebook page. She asked him to take them down a few weeks ago and he took them down. Since then he's repost those same pictures back to his Facebook page. What can we do...

    Zachary’s Answer

    Unfortunately if your wife's ex-husband did not acquire the photos through some illegal means or as a result of violating her privacy (which I'm assuming he did not since they are both in the pictures) just posting them without additional comments, or using them for some sort of business purpose, most likely does not violate any law.

    Your best bet is to contact Facebook and work with them to stop the problem. Facebook has an interest in enforcing its community use standards and may offer you some assistance.

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  • Contact with your lawyers?

    Is it common to have litterally no contact with the law firm representing you in a chapter 13 bankruptcy? We hired a law firm via the internet and have had a hard time getting questions answered, etc. We have been in this plan for a year now an...

    Zachary’s Answer

    There is no legal requirement for how often you are required to meet with your lawyer, however you may want to set a reasonable requirement of your own and only deal with a lawyer that is willing to comply. I know that in California one of the top causes of malpractice claims is a failure to communicate with clients. I'm certainly not suggesting that your lawyer has committed any malpractice whatsoever, but if you are not getting the treatment you want and your lawyer is not responding you should seek alternative counsel.

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  • Permist /License for internet business

    I want to start a home based business, internet retailing in Dallas, TX. What State and/or Federal permits do i need?

    Zachary’s Answer

    The Secretary of State's Office has a lot of information on its website at the following address that you may want to review: http://www.sos.state.tx.us/corp/related.shtml

    In addition to that you will want to organize your business into a separate legal entity such as a corporation or LLC, or at the very least register a fictitious name statement with your county recorder's office. You will also want to register with the IRS and obtain a reseller's license for sales tax. If you will be selling to customers outside your home state you may want to consult an attorney regarding the collection of sales tax as this area of law is in a recent state of flux.

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  • Can there be subpoenas on "anonymous" internet sites?

    if there is a post on an "anonymous" gossip site about a person and the person that it is about wants to get a lawyer to subpoena the website to get the IP address who started the post is that possible? Will everyone who posted on that particular ...

    Zachary’s Answer

    It is possible to compel the operator of the site or the host to produce any available identifying information from the poster of a comment or statement, however it is not easy.

    You will need to bring an action for pre-action discovery, which will only be granted if you can demonstrate that you have a meritorious cause of action and that the information you're requesting is material and necessary to the actionable wrong.

    Obviously the identity of the poster is necessary information to bring a claim, however your action will also have to show that the statements are defamatory and that you are likely to win a case on the merits.

    To answer some of your other questions, your attorney, and the court, will most likely limit the discovery to the identity of the poster of defamatory statements. To identify a non party carries a much higher burden. How long this will take will depend on your particular court systems but with any civil action just plan on at least a year. Finally, if the IP address of the person is found you will be able to bring a cause of action for defamation.

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  • Can I say I am a LLC if I am an Independent Business Owner?

    I'm an Independent Business Owner through Amway Global, can I say I am a LLC? what is the penalty for saying I am when I am not if it is illegal?

    Zachary’s Answer

    If you are not an LLC then you cannot legally claim that you are. The penalty for saying that you are an LLC will depend on who you make that claim to and under what circumstances. If you enter into an agreement you could be committing fraud and misrepresentation and the contract would most likely be void. Also you would have no asset protection and would be personally liable for any claims of damages brought against you for the misrepresentation.

    In the end it really won't be worth it to make the claim.

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  • Mom borrowed money from a friend, signed notarized statement for repayment then died. Can friend sue adult kids for loan amt?

    No estate, small amt life insurance to pay for her final expenses. No no cosigned on this written contract between them.

    Zachary’s Answer

    The adult kids would not be responsible for the loan if they were not cosigners. If there is really nothing in the estate then there would be nothing for the friend to go after, assuming that the life insurance policy was designated for the final expenses.

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  • Can my billed work be copied?

    I have a client who has given a catalog we designed for them - to a new (and cheaper) designer and basically said copy the design here - for the new catalog- other than being highly unethical - is that legal? To take our work and copy it? Jim in CLE

    Zachary’s Answer

    You will probably want to review the agreement under which you designed the catalog for your client, and possibly have a local attorney review the agreement as well. If you sold the rights to the design and the client now owns the copyright under a work made for hire situation, they may be well within their rights to have someone else use the design for them. If, however, the catalog was given as a sample or proof without an actual sale being completed you may have a claim against them. Additional information is needed to fully answer your question.

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  • Signing under Duress

    My husband was working for a dishonest company, he was terminated as soon as we sent a letter of demand.2 months later after we got evicted and had had to split our family up and sell everything they were glad to give him his job back for a few mo...

    Zachary’s Answer

    Unfortunately being in a bad economic situation does not usually rise to the level of duress required to void a contract. The company may very well have taken advantage of your husband and exploited his financial situation, however, nothing was done to force him into signing the agreement. You could consult a local attorney for an analysis of the laws particular to your state, however, I don't think these facts are sufficient to find a defense to the contract.

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