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Questions and Professional Answers

Questions and Professional Answers

  • Software developer - cease and desists letter.

    10 years ago I developed an application for a company. 3 years ago the company let me go. Since then I developed a new application that supports the same process. Now the company sends me a cease and desist letter and threatens to sue if I don't stop and reveal the list of clients and proceeds from the sale of the new application. They claim that I stole the source code, which is not true. What can I do to protect myself.
    • Re: Software developer - cease and desists letter.

      C&D letters are the first prelude to lawsuit by the sender. Do NOT ignore it.You should hire an attorney to handle this matter for you. You're looking for an employment lawyer. Make sure you show the attorney any contracts you signed with the company, including especially any nondisclosure/noncompetition agreements (these are generally in the documents you sign when you start and again when you leave).Good luck.THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

      Nancy Delain
      Delain Law Office, PLLC
      107 N. College St.
      Schenectady, NY 12305
    • Re: Software developer - cease and desists letter.

      You may also want to escrow your code ASAP so that a comparison can be done to prove that you started from scratch. But you definitely need an employment lawyer, too. A patent lawyer might also be helpful.

      John Friedman
      Law Office of John K. Friedman
      82 Worth Avenue
      Hudson, NY 12534
    • Re: Software developer - cease and desists letter.

      I agree with everyone that you should seek counsel to not only assess the scope of your potential liability, but to also make sure that you have a cogent response on record through a written reply. Prior to that however, you should first assess whether you are subject to any covenants, restrictions, or non-competes with regard to your subsequent employment with the previous company. You want to ask the following:1. What contracts involved with your former employer, if any? 2. Were you employed pursuant to a contract such as an employment contract or an employee intellectual property assignment agreement? 3. Did you agree to some kind of post development restriction?4. Who owns the copyright (or patent) to the original software (though very likely the employer, there is no harm in asking this question)?Secondly, you want to make sure that you can positively assert that the new software does not infringe the previous copyright/patent. Hence escrowing the code (i.e. depositing it with a recognized third party) to confirm its authenticity is a good step. Also, bear in mind that though you may have devised new source code, to the extent the software you developed may infringe the claim language of the former’s employer’s patent (if any), that may also be a problem you will have to face. I hope that the situation is resolved amicably.

      Kaiser Wahab
      Wahab & Medenica
      1115 Broadway, 12th Floor
      New York, NY 10010
    • Re: Software developer - cease and desists letter.

      I agree with everyone that you should seek counsel to not only assess the scope of your potential liability, but to also make sure that you have a cogent response on record through a written reply. Prior to that however, you should first assess whether you are subject to any covenants, restrictions, or non-competes with regard to your subsequent employment with the previous company. You want to ask the following:1. What contracts involved with your former employer, if any? 2. Were you employed pursuant to a contract such as an employment contract or an employee intellectual property assignment agreement? 3. Did you agree to some kind of post development restriction?4. Who owns the copyright (or patent) to the original software (though very likely the employer, there is no harm in asking this question)?Secondly, you want to make sure that you can positively assert that the new software does not infringe the previous copyright/patent. Hence escrowing the code (i.e. depositing it with a recognized third party) to confirm its authenticity is a good step. Also, bear in mind that though you may have devised new source code, to the extent the software you developed may infringe the claim language of the former’s employer’s patent (if any), that may also be a problem you will have to face. I hope that the situation is resolved amicably.

      Kaiser Wahab
      Wahab & Medenica
      1115 Broadway, 12th Floor
      New York, NY 10010
  • Green Card Denied because of wrong information

    HI, After obtaining an O1 visa 2001, I submitted my Green Card Application I-485 in 2003. I was contacted by the USCIS in September, 2006 and told that I needed a Waiver. The Waiver was granted by USCIS on Jan. 23, 2007. I received a letter from USCIS dated Jan. 31, 2007 stating that my Green Card application was denied for 2 reasons: 1) that I was supposed to have had the Waiver before submitting the I-485 application in 2003 (is this true?). 2) That I did not currently have a Waiver. (untrue, as the waiver was granted 7 days before the letter). The letter also stated that regulations do not allow reopening my case and that I am now out of status. How can I show them that I had the Waiver before they wrote their letter? How can I proceed? And, I just got married to a US citizen, what are the best ways to proceed? Thank you very much!
    • Re: Green Card Denied because of wrong information

      It may be possible to file a motion to reopen withing 30 days of the decision. A review of the actual decision and reasons for denial would be necessary in order to evaluate if the denial was USCIS error.You should consult with an experienced immigration lawyer before proceeding.

      Patrick Klauss
      Berd & Klauss, PLLC
      44 Wall Street, 12th Floor
      New York, NY 10005
    • Re: Green Card Denied because of wrong information

      Your denial of adjustment of status (presumably based on an I-140 petition) cannot be evaluated without a full review of the facts, including the reason why you needed a waiver in the first place. However, you may possibly have a better chance with adjustment based on a I-130 to be filed by your US Citizen spouse, again depending on what caused you to lose eligibility and seek a waiver in the prior filing. Consult an immigration attorney for advice.The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

      William Frenkel
      Frenkel Sukhman LLP
      1 North Broadway, Suite 1040, 10th floor
      White Plains, NY 10175
  • School Systems

    I have a question. In the city I live in, if we want our children to go to a school our child is not zoned for then we have to send in a transfer application to see if the school has room for them. Well I did that this year for my older daughter, and a few days later I know another parent sent in an application for the same school for her daughter because I told her where to go find the application. I received a letter dated 7/1/08 saying the school had no classroom space, I talked to the mom of the other child on 8/2/08 and she said she got her acceptance letter to the school two days prior to 8/2/08. I am very upset about this and talked to the superintendents office and the assistant just rambled on about not
    • Re: School Systems

      Well, why be upset or be turned aside with the ramblings of the superintendent's assistant? Ask tospeak personally about the issue with the Big Bureaucrat himself (or herself).

      Michael E. Hendrickson
      Attorney & Counsellor at Law
      211 North Union Street Suite 100
      Alexandria, VA 22314
  • Unfairness in the treatment of application

    My family applied for a permanent residence and the Immigration Department promised that upon complying with all the documentation we will receive a letter from them regarding the interview date with an immigration officer. For the last four years since we received the letter notifying us that the pre-screening of our application had been completed and that we would receive the letter regarding the interview date, we have been waiting for that interview letter to date. Can we seek the services of a lawyer to assist us in this matter. Most of our friends/relatives who applied had already granted the visas considering the fact that we applied ahead of them.I look forward to your reply and thank you very much in advance for your kind assistance.Yours sincerelyOf
    • Re: Unfairness in the treatment of application

      yes, you are permitted to hire an attorney. e-mail or call me and I will be glad to discuss what I might be able to do for you.650.743.6296

      Gabriel Jack
      Muston & Jack P.C.
      1671 The Alameda Suite 210
      San Jose, CA 95126
    • Re: Unfairness in the treatment of application

      Definitely!! Take a look at my site :wwww.lawyers.com/amyghosh

      Amy Ghosh
      Law Offices of Amy Ghosh
      3250 Wilshire Blvd. Suite # 944
      Los Angeles, CA 90010
  • Never signed the loan application

    I paid off a loan for a timeshare recently. Today I recieved a letter with a copy of my loan application which is UNSIGNED. They want me to sign the application for the loan I just finished paying. Today I'm angry with them and want to know whether I can use this to my advantage in any way that is legal, regardless of morality or civility.
    • Re: Never signed the loan application

      NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.I have no idea why a lender would ask you to sign a loan application after it has been paid. I also have no idea what you might expect from them to "use this to my advantage in any way that is legal, regardless of morality or civility". That makes no sense to me.Mistakes happen in loan closing regularly and documents have to be resigned. I am sure that when you got the loan you signed an errors and ommissions agreement of some sort wherein you agreed to resign whatever instrument might be necessary or any new documents providing they do not change the terms of the loan as this is standard procedure.I would suggest you spend your time doing something more productive.Scott R. Jay, Esq.Scott R. Jay, Esq.

      Scott R. Jay
      Law Offices of Scott R. Jay
      1575 Northeast 205th Street
      Miami, FL 33179-2133
    • Re: Never signed the loan application

      Wait until tomorrow when you are happy, sign the contract, send it to them, and move on with your life and your fully-owned timeshare. And we'll all forget about the momentary failing in your moral character.

      David W. Nance
      DWNance.com founding member of NanceGroup.com
      5700 Magazine Street
      New Orleans, LA 70115
  • Expiration of I-94

    I am on a B2 visa right now in the US with an I-94 expiring on 12/14/06. I'm about to apply for a change of status to F1 visa. If I receive a receipt letter from the INS before my I-94 expires, can I use that letter to prove that I'm not overstaying in the US even if my I-94 expired already, while I'm waiting for the result of my visa? Will I have a record of overstaying in the US if my application gets denied and I go back home before the specified time indicated in the result of my application? Or this will not be considered as an overstay since I have proof that I have a pending case with the USCIS?
    • Re: Expiration of I-94

      As long as you file prior to the expiration of the I-94, you will not have overstayed. If the F-1 is denied you are to leave by the time indicated on the denial.

      Caridad Cardinale
      Pastor & Associates, P.C.
      525 E. Big Beaver Rd. Suite 206
      Troy, MI 48083
  • Application to probate will and letter of testamentary

    where can i get a blank fill in the form for the application to probate a will and get letters of testatmentary?
    • Re: Application to probate will and letter of testamentary

      They used to be available at the local probate courts. However, your representation of an estate may constitute the unauthorized practice of law. Usually, letters testamentary are not expensive, so you should at least shop around and see what probate lawyers are charging for this service.

      David Leon
      David L. Leon, P.C.
      3500 Oak Lawn Ave., Ste. 205
      Dallas, TX 75219
  • application completeness

    I am doing a subdivision. The 1st part of the process is submittal of application ie map info etc. I was given a completeness letter twice and over 30 apart knowingly by the planing department. Question is :Can they do that within the laws under the streamlining map act? And or have they used up their time limits?
    • Re: application completeness

      If you have to ask this question you should not be doing a subdivision map act division on your property. No your limitations and have a real attorney do the work so that it will be done completely, properly, and will not come back to bite you in the you know what would you try to deal with title companies in the future when you either sell the property, in raw parcels or build on them and then try to sell those houses. I commend you for getting through the map act thus far. Go see a real estate attorney immediately with your paperwork. Make sure that their well versed in subdivisions, and subdivision map act transactions.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

      Michael Olden
      Law Offices of Michael A. Olden
      1035 Alta Mesa Drive
      Moraga, CA 94556
  • Attorney's Fees

    Hi, a computer training school that I was going to closed down and filed for Chapter 7 Bankruptcy. I put in a claim hoping to get some of my money back ($10,000+/school loan), but today I got a letter from the Attorney for the Trustee saying that they filed an Application for Interim Compensation and Reimbursement of Expenses and they are requesting fees and expenses totaling $6,346.25. Also on the letter is states that if I do not want the court to allow The Application for Attorney's Fees, then I must file a written response that complies with local Bankruptcy Rule 9013-1. I really don't comprehend what is going on. Do I write a letter to the court and ask them not to allow the attorney's fees? And if I do, will I not be able to make a claim anymore? Please help. Thank you.
    • Re: Attorney's Fees

      The trustee's attorney is seeking fees from the bankruptcy estate, not from you. This may reduce the amount going to creditors by probably a small amount in the grand scheme of things, and if you have any real objection to the amounts being billed, you can object, but there is probably no good reason to waste your time doing so. The U.S. Trustee's office reviews fee applications, as does the judge, so if a fee is not reasonable it will not be allowed.

      Daniel Press
      Chung & Press, P.C.
      6718 Whittier Ave., Suite 200
      Mclean, VA 22101
    • Re: Attorney's Fees

      The attorney's fee is moderated by the court. More important is filing any claim that you may have against the bankrupt estate. This is what a Rule 9013-1 notice is about. Basically the court is asking whether you have a claim and if so then you must properly file it. Your claim may include unperformed servives and other lacking consideration due under your contract for services. Be aware that others stand in priority to you in the bankruptcy priorities but you may recover by filing a proper claim. You should consider contacting an attorney to draft a motion in your behalf. Feel free to contact me for a free discusssion at (410) 799-9002.Look to transfer the credits you earned at the educational institution so that you may acquire certification. Do not let this stop you from your career ambition.

      G. Joseph Holthaus III
      Law Offices of G. Joseph Holthaus
      2255 Daniels Road
      Ellicott City, MD 21043
  • employment application

    my daughter put her application in at a company last fall. a young man who attends school with her, recently approached her and said, ''I saw your application at ---.'' she asked him if he worked there and he replied no, they let him use her application as a template because they were out of applications. this application had all her information on it, including her social security number, our unlisted telephone number, etc. is this illegal? who should something like this be reported to?
    • Re: employment application

      She can sue them immediately for damages for loss of privacy. Depending what field of business they are in there might be a regulatory or business overisght, but the damages come from a lawsuit...call me directly if you want.Joe Jacobs216-952-1990

      Joseph J. Jacobs Jr.
      The Jacobs Legal Group
      15614 Detroit Avenue
      Cleveland, OH 44107