Archived
Commercial business owner renting space from a landlord: What are my rights when the landlord decides to sell ?
David's answer
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Answered on July 19, 2013
As a tenant, your lease, unless drafted by an imbecile always contains an assignment provision in the event the Landlord wishes to sell, to which...
Archived
If a company I signed a non compete with sells the site I signed the contract for, is my non compete now null?
David's answer
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Answered on July 19, 2013
Three things govern my answer with my limited understanding of the facts.
First, you almost certainly did not sign a contract with a "website",...
Archived
What are the real advantages of Arbitration compared to litigating the case in the courts ?
David's answer
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Answered on May 22, 2013
Having represented Clients in over 100 Mediations and Arbitrations, and having written and lectured on this issue for years, I believe that the...
Archived
Do I have to appear for deposition?
David's answer
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Answered on March 20, 2013
I will not answer since this case is pending in California.
Archived
Is there a form for proof of service when you are one of the parties in the case?
David's answer
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Answered on March 20, 2013
A party is not allowed in New York to serve the opposing side. You don't just turn over answers; you mail them or hand deliver. In either case,...
Archived
How do I start the process to get an arbitrator / mediator to deal with problems on a new home that was built 2 1/2 years ago?
David's answer
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Answered on March 20, 2013
If the property is in Illinois, most likely the Arbitration provision provides for the venue of the Arbitration as well as the forum (e.g., the...
Archived
Arbitration clause lawyer retainer missing in NJ lawyer
David's answer
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Answered on March 20, 2013
While the retention agreement with your attorney has no arbitration agreement this may be a good thing. It is expensive to commence an arbitration...
Archived
Statue of limitations for arbitration?
David's answer
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Answered on March 20, 2013
The New York Rule used to be that the Statute of Limitation was based upon the underlying tort or contract and that the issue was for the Court. ...
Can my former employer sue me if I didn't sign a non-compete or non-solicitation contract/agreement?
David's answer
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Answered on September 14, 2012
You skillfully did not solicit while you were still at your former job. Bravo. This would have given rise to the likely violation of the good faith...
Archived
Would it be possible to file and proceed in carrying out a lawsuit with an attorney who is a litigator and an excellent criminal
David's answer
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Answered on September 14, 2012
I've done this many times both for me in a specialized area, but more vice versa, I have 27 years of trial experience and would consult, second...