How can a contract clause be such that the parties do not share confidential information with each other?
Daniel's answer
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Answered on January 28, 2023
The major issues in negotiating and drafting an effective NDA are defining the terms, restricting the scope of permitted uses, carefully defining...
Does Chapter 7 claw back my not recent payment to my own 401k loan?
Daniel's answer
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Answered on January 28, 2023
In general, contributions to a 401k before the bankruptcy petition is filed (pre-petition) are exempt from creditors. The issue arises in Chapter...
Question about bad service on a summons
Daniel's answer
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Answered on January 28, 2023
If you have the proof, this may be a basis to file a claim in federal court for abusive debt collection tactics in violation of the Fair Debt...
Summons served on defendant with 20 days to answer, Court set a conference date. Can I move for default if no answer received?
Daniel's answer
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Answered on January 27, 2023
I recently saw a case where the Plaintiff represented himself, prepared the complaint, served it, waited the required time for defendants to...
I got an offer letter from a company and signed and submitted it, then I got a second letter with a lower rate?
Daniel's answer
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Answered on January 27, 2023
Is this an employment contract? New York is, generally, at "at will" employment state. That means that your rights are created solely by the terms...
Why is Ebay restricting 2022 accounts and monies when the irs $600 law was repealed for 2022
Daniel's answer
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Answered on January 26, 2023
Most likely you cannot withdraw funds or operate your account because you have not signed up for Managed Payments. This requires you to provide the...
Is one letter enough to differentiate a trademark from a potential competitor?
Daniel's answer
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Answered on January 26, 2023
Where there is an existing registered trademark with nearly identical spelling or phonetic sound, especially in a related product category,...
My account was suspended on eBay for reasons that are not true.
Daniel's answer
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Answered on January 24, 2023
If you have the proof, you need to draft an effective appeal citing to the evidence, the relevant provisions of the terms of service, and any...
Is this contract null and void due to lack of mutuality of obligation?
Daniel's answer
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Answered on January 23, 2023
Failure of "mutuality of obligation" (a/k/a failure of consideration) is not considered "breach" as a matter of law, so I doubt this clause relying...
The highest Court?
Daniel's answer
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Answered on January 23, 2023
The highest court for appeals in New York State is the Court of Appeals, which has different procedural rules from the Appellate Divisions. If you...
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