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Zachary James Levine

Zachary Levine’s Answers

85 total


  • Usage of Employee pictures

    Under NY law can employee pictures be used on research website with their address information?

    Zachary’s Answer

    This sounds more like a question of interpretation of your employment agreement than NY law. Generally the usage of employee pictures and information is handled by contract between the parties. You should review that agreement to determine what your rights are.

    If there is no treatment of this situation in your contract then you may want to seek the advice of a local attorney for unlawful dissemination of your private information.

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  • My ex and his new wife twitter about me, make ugly comments on FB and Blog about me on the internet.

    What can I do or have done to keep my ex and his wife from talking ugly about me on line. They are bitter because they lost a custody battle. On my exe's blog he mentions how "To those who have tried to wreak havoc in my life, be warned." They co...

    Zachary’s Answer

    From the description of their statements you probably do not have a cause of action against them, especially if they are making general statements of opinion and not contacting you directly. A question you should ask yourself, and potentially discuss with a local attorney, is whether you have suffered any quantifiable harm from their statements. Hurt feelings are not enough to bring a claim for defamation, what is being said about you has to have caused you some harm that you can present to the court and hold them accountable for (losing a job, child services investigation you, etc.)

    Additionally, you should discuss with your attorney whether the statements being made appear to be the opinion of your ex and his wife (which is usually protectable) or are presented as fact and are untrue.

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  • Nude photos are getting linked out with my consent. what can i do about it?

    i dont know who it is or where it started. what can i do about it to stop people from linking it around

    Zachary’s Answer

    I am very to sorry to hear about the unfortunate position you find yourself in and wish that I could provide you with steps to take that would remedy the situation. Unfortunately, your situation is not an uncommon one and there be very little you can do to solve the problem.

    The first question I have is do you recognize the photos, and based on that would you be able to trace to the person who originally gained access to the photos? Depending on whether these photos were given to someone freely or stolen from you your case takes a different turn. There is very little that you can do about pictures that were freely given to someone at one point.

    Another question is what types of sites are these pictures being posted on? Some sites will work with people in your situation to block the posters of such photos but even that does little to stop this person from posting on other sites.

    You should take the answers to the above questions to a local attorney to see if there is anything that can be done before the spread of the photos goes too far.

    Unfortunately in most situations like this you will always be playing catch-up as the nature of the internet allows the spread of images far beyond the original offender.

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  • What kind of schooling does it take to become an immigration lawyer

    what kind of collage or schooling does one have to take to become an immigration lawyer

    Zachary’s Answer

    There is no additional schooling required to become an immigration lawyer and no specific requirements for undergraduate degrees. Someone need only graduate from college, graduate from law school, and pass the bar in the state they intend to practice in.

    Various states may offer specialization in immigration with specific practice and continuing legal education requirements but such specialization is not required.

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  • If my employer does not pay me on time what NDA/IP agreements between us do I need to honor?

    My employer has failed to pay me on time repeatedly over the last six months. I work at a creative studio (salaried, work for hire) and would like to use my work to get a job somewhere else, however there are NDA/IP agreements in my contract. Do...

    Zachary’s Answer

    Generally speaking you are only excused from your responsibilities under a contract if the other party breaches or you reasonably anticipate a breach. While being paid late more than likely seems like a breach to you the specific definition will usually be defined in the agreement. Since that agreement was probably drafted by your employer it is unlikely that late payment on their part constitutes a breach.

    I would recommend having a local attorney review your employment agreement and NDA to be sure but you are probably still bound by their terms.

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  • "First Rights of Refusal" - puppy contract

    We purchased a puppy with a Right of First Refusal clause. From our understanding...when we get an offer for the puppy, we have to let the seller know what the offer is and if they do not want to purchase her back for that, then we are free to mo...

    Zachary’s Answer

    Even in light of the additional information provided, Ms. Mcfarland-Taylor's analysis holds true that those terms would have to be included in the agreement with the new purchaser to take effect. The new buyer was not a party to your original contract with the seller and would not be bound by those terms.

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  • What information needs to be included in a contract for a movie producer to produce my movie? This producer will obtain finance

    What tye of contract is needed?

    Zachary’s Answer

    This is an extremely difficult, if not impossible, question to answer without more information and I am fairly certain that you will need the assistance of an attorney. It is in your best interest to memorialize all aspects of your arrangement in your agreement, which will likely include the compensation each of you will receive pursuant to this relationship, who will have intellectual property rights to the movie, the manner in which the film will be produced, whether the producer can assign its rights to another producer, where you will take issues to court if there is a dispute over the agreement, and many many other provisions.

    You can probably find sample contracts between creators and publishers online but I would recommend consulting an entertainment attorney to assist with the drafting.

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  • Cease and Desist

    I got a cease and desist e-mail from a large LLC company asking for money. Should I take this seriously, or wait for something to come from the postal service? I don't want to be scammed, but also don't want to ignore it if it is real.

    Zachary’s Answer

    More information is needed to fully answer your question but cease and desist letters are commonly sent by email for internet activity as this may be the most accessible contact information. If you wait for something to come in the mail it may be notice of a lawsuit.

    Consult a local attorney if you feel that your activities could reasonably have infringed on the rights of the LLC.

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  • "First Rights of Refusal" - puppy contract

    We purchased a puppy with a Right of First Refusal clause. From our understanding...when we get an offer for the puppy, we have to let the seller know what the offer is and if they do not want to purchase her back for that, then we are free to mo...

    Zachary’s Answer

    If I understand your situation correctly I do not believe the contract would follow the puppy. If you received an offer and, pursuant to the original agreement, gave the original seller a right of first refusal and the seller did not repurchase the dog then the new buyer is not bound by the agreement.

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  • Am I owed compensation ? Can I sue for breach of contract ?

    I am a carpenter, remodeler, jack-of-all trades. Someone I know that owns several properties, promised me in writing (email) that any and all work that ever came up, on their properties, would be mine. These are direct quotes, verbatim... "Please ...

    Zachary’s Answer

    Whether or not the agreement was in writing this seems like a gratuitous promise for which you provided nothing in return. Enforceability in situations like this generally depends on consideration. Essentially, because it doesn't sound like you gave this person anything in return for their promise they are probably free to contract with other people.

    If you made a promise in return you may want to consult a local attorney to discuss your options.

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