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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Page 12 of lawyers' answers to legal questions.
Based on your description of the accident, you should consult with a personal injury lawyer licensed in Idaho ASAP. If you sustained new injuries or aggravated a pre-existing injury, and you undergo additional medical treatment as a result, you likely have a claim that an accident attorney would be interested in assisting you with.  Disclaimer: This response is for general informational purposes only and does not create an attorney-client relationship. ... Read More
Based on your description of the accident, you should consult with a personal injury lawyer licensed in Idaho ASAP. If you sustained new injuries or... Read More
Your rights revolve around the terms of the treatment plan and any agreements you entered into. Most of the time patients are provided estimates not a guaranteed rate. The issue with the lab going out of business may or may not be the responsibility of the dentist, again, depending on the exact situation. By example, if the lab went belly up and the new lab charges more is different than if the old lad went belly up and didn't deliver what was already paid for. You will need to retain a lawyer to start sorting this out. ... Read More
Your rights revolve around the terms of the treatment plan and any agreements you entered into. Most of the time patients are provided estimates not... Read More
Yes, if you were assaulted on a business property, you may be able to sue for premises liability based on negligent security, provided the business was on notice of a dangerous condition and failed to take reasonable steps to protect its customers.
Yes, if you were assaulted on a business property, you may be able to sue for premises liability based on negligent security, provided the business... Read More
An immigration attorney can take over a case even though it is pending by filing a G-28 Notice of Attorney appearance in the case.  
An immigration attorney can take over a case even though it is pending by filing a G-28 Notice of Attorney appearance in the case.  
The sixty day grace period for H-1B holders to find new H-1B employment is capped by the H-1B expiration date. Your second employer filed a timely H-1B change of employer petition, and you would not accrue unlawful presence until the petition is denied. Hopefully your new employer is able to respond effectively to the NOID. Your employer can submit a new petition explaining the circumstances of the new late filing, and it will be up to USCIS whether to favorably forgive the late filing or not. As you note, there is an issue with accruing unlawful presence if the first H-1B petition is denied. To avoid being barred by accruing 180 days of unlawful presence, your employer can perhaps file the petition with a request for premium processing on form I-907. USCIS should then reach the petition for adjudication within 15 business days. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
The sixty day grace period for H-1B holders to find new H-1B employment is capped by the H-1B expiration date. Your second employer filed a timely... Read More

How much longer will we have to wait?

Answered 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
I For complex cases, there is no generally recognized timeline, but an applicant can usually make an inquiry on the case after interview when 120 days have passed. As it has been almost a year since the time of your wife’s interview, you can perhaps make the inquiry through e-request or the USCIS Contact Center telephonically at 1-800-375-5283 and explain your problem to the USCIS representative. Hopefully upon getting through, the representative will be helpful. You can also make an inquiry through your local congressman and senators’ offices as they have liaison with USCIS. The best result of course is approval. I note that there is a possibility that you may receive a RFE (request for evidence) or NOID (notice of intent to deny) to submit an I-601 application for waiver of grounds of excludability because of perceived misrepresentation. Hopefully you will not receive a denial. Best of luck! Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
I For complex cases, there is no generally recognized timeline, but an applicant can usually make an inquiry on the case after interview when 120... Read More
It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in organizations here, US identification, credit cards, and even perhaps tax returns. You should also be prepared to explain why you stayed out of the US for so long and why you consider the US still your country of domicile. CBP at the airports has become much more restrictive on entry under the Trump administration and there may be a risk of being denied entry or facing issues upon arrival. There are also risks of being referred to an immigration court which can be a long drawn out process and even detention under this administration. Assuming that you are admitted, you are required to be physically present to file for a new reentry permit application. In such circumstance, it is best to spend as much time as possible in the US before leaving again – perhaps at least a few months. A reentry permit is not a guarantee of reentry, so it would be best to come back every six months when you are away. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
It might be a good idea to carry proof that you still maintain ties and bonds in the US such as personal and real property, memberships in... Read More
I assume that your operation in the US is of a good size for you to think of applying for a blanket L. There is no written requirement of revenue or operational threshold, but that being said, USCIS many times looks at the size of the operation, and so bigger is better in terms of number of employees and revenues. Many officers believe that an overseas office should still be of a certain size to support an executive/managerial type of employee and perhaps a lesser number for an employee with specialized knowledge. The offshore entity would have to fit within the definition of an affiliate, which is owned or controlled by the US entity. The difference in applying for regular L-1 as opposed to applying for blanket L is that for blanket purposes, the company must establish that it has at least three qualifying organizations or a US workforce of 1000+ employees, or combined US sales of $25 million or more or has had at least 10 L-1 approvals in the past year. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
I assume that your operation in the US is of a good size for you to think of applying for a blanket L. There is no written requirement of revenue or... Read More

I have siblings in the US on DS-160

Answered 7 months ago by attorney Alan Lee, Esq.   |   1 Answer   |  Legal Topics: Immigration
In looking at your history, putting down the fact that you have three siblings now in the US if you did not put them down previously would in my estimation not be a reason to deny the visiting visa renewal application. You have shown that you have adhered to the terms of the B1/B2 visa over the years; attempting to immigrate through brothers and sisters is a very long process and not usually a temptation to abuse the visa by overstaying in the US: and you may be able to say that you were confused by the form question that you thought asked whether you had any immediate relatives in the US which you thought only meant spouse and children. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More
In looking at your history, putting down the fact that you have three siblings now in the US if you did not put them down previously would in my... Read More

What do I do

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Divorce
This is a public form and your question implicates you in criminal activity. I suggest that you do not post these messages on the Internet because it could expose you to prosecution. Please delete this message and seek legal counsel in your jurisdiction for specific advice.
This is a public form and your question implicates you in criminal activity. I suggest that you do not post these messages on the Internet because it... Read More
Go through a title company so that the transaction is handled properly. This is not a do it yourself project. The deed needs to be prepared and insured. It needs to be recorded. Doc stamps and taxes need to be paid. If you do it yourself , one small mistake can cost you a lot.  
Go through a title company so that the transaction is handled properly. This is not a do it yourself project. The deed needs to be prepared and... Read More
It's unclear whether you have an attorney to represent you in this matter. Insurance companies do not take unrepresented party seriously. If you want to maximize your recovery, retain an attorney on contingency fee, which means you pay nothing unless you win. If you cannot find an attorney to take your case, then you can reach out to one of us privately on this website to help you find an attorney who will.     ... Read More
It's unclear whether you have an attorney to represent you in this matter. Insurance companies do not take unrepresented party seriously. If you want... Read More

i need a lawyer to sue a funeral home

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Personal Injury
Did they admit that they were at fault? It's unclear from your facts if they did something that was negligent.   
Did they admit that they were at fault? It's unclear from your facts if they did something that was negligent.   

How to Copyright music?

Answered 7 months ago by attorney Eric James Estadt   |   1 Answer   |  Legal Topics: Copyrights
Please be aware that the US Copyright Office's current position on Artificial Intelligence is that human authorship is required. What this means is that while the Copyright Office will accept works in which you have used AI as a tool, it will not accept works where AI has created the expressive content. In other words, if you have written your own music and instructed AI to modify the music in some way, that is likely registrable. If instead you provided some textual prompt to the AI and had it generate music based solely on your instructions, then that is likely not registrable. Obviously there is a complicated gray area in between those, but to the extent that your creative contributions cannot be separted from those of the AI, the work will be ineligible for registration.   Please also be aware that there are two types of music copyrights available. The "musical work" covers the song's composition and lyrics, usually created by a songwriter or composer. The "sound recording" is the actual recorded song, usually created by the performer or the producer. In either case, you would need to specify in the copyright registration application the portions of the work that you created yourself that are original to you, and the portions that you did not create. As mentioned above, to the extent that the AI tool generated the "music" (either the composition or the actual sound), you would not be able to claim authorship. ... Read More
Please be aware that the US Copyright Office's current position on Artificial Intelligence is that human authorship is required. What this means is... Read More

Looking for help on Trademarks , LLC , Copyrights

Answered 7 months ago by attorney Eric James Estadt   |   1 Answer   |  Legal Topics: Copyrights
Do you already have an existing work that you are seeking to publish? Or is this a concept that you are seeking to hire illustrators or animators for?   If you already have an existing work, please be aware that you have copyright protection in that work the instant it is created. This means that you have actually written, drawn, animated, recorded, etc. the story; it is not enough to have merely thought about the "idea" or "concept" of your story. It is not necessary to register the work immediately, but there are significant advantages to doing so, and the government fee is only $65.   If your work is not complete yet, then no copyright protection exists until you actually create a tangible work product such as a text or a video. There is no "registration" you can obtain for mere concepts or ideas.   If you are seeking a professional such as a writer, illustrator, or animator to make something for you, then it is critical to understand how authorship/ownership rights are established. In short, if you want to be considered the sole author and owner of the work, then it is necessary for you to have a written agreement with the professional that explicitly states that the work will be considered a "work for hire" and that the professional will not obtain any rights. If you fail to do that, the professional will be considered the author of the work and will have the initial copyright ownership in the work, and this can create major complications for you down the road.   It may be helpful to have the professional sign a nondisclosure agreement that would forbid them from using the information you discuss with them (such as your characters and story) to create a competing story. However, not all professionals will be willing to sign such agreements.... Read More
Do you already have an existing work that you are seeking to publish? Or is this a concept that you are seeking to hire illustrators or animators... Read More
Unfortunately, there is nothing you can do to proactively immunize your invention from a secrecy order. All patent applications are reviewed to determine whether they implicate national security interests, and the various defense-related agencies issue the secrecy orders. Once you file your patent application, you subject yourself to the government's process. However, without knowing more about the invention itself and how it might implicate national security, it is impossible to predict whether it might be flagged for a secrecy order by any given agency. It is even possible that your invention may be subject to a secrecy order that is later lifted.   You may be able to avoid this altogether by protecting the invention as a trade secret instead. Unlike patents, trade secrets do not expire as long as continue efforts to maintain secrecy and the secret itself continues to have commercial value by not being publicly known. However, you cannot prevent someone else from using your trade secret if they develop it independently without violating your NDA. You can license your trade secret, but you will need to make ongoing efforts to ensure it remains secret.   That said, you need to ensure that you will not be violating any export control laws by disclosing the trade secret to entities with foreign ownership or control. The Bureau of Industry and Science (BIS) includes an FAQ regarding encryption technologies in particular that may be helpful here.  Encryption FAQs... Read More
Unfortunately, there is nothing you can do to proactively immunize your invention from a secrecy order. All patent applications are reviewed to... Read More
No possible way to answer such a question as there are too many variables. Obviously, the other driver doesn't share your version of what occurred and the notion that you had to go the wrong way in a round a bout and apologized profusely suggests you are down playing your role in what actually occurred. This sounds likea road rage incident that thankfully did not escalate beyond cross words. ... Read More
No possible way to answer such a question as there are too many variables. Obviously, the other driver doesn't share your version of what occurred... Read More
Good morning,   Under New York law, the house would be considered a marital asset.  Anything purchased during the marriage is presumed to be a marital asset.
Good morning,   Under New York law, the house would be considered a marital asset.  Anything purchased during the marriage is presumed to... Read More
You need to retain an attorney to help you with this case.  
You need to retain an attorney to help you with this case.  
No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or unenforceable. Those are all fairly standard clauses. The only one that is an issue is the attorney fees clause but the courts only enforce it if the landlord prevails. Their inclusion in your lease is not a basis for terminating the lease.... Read More
No attorney can interpret the terms of a contract without reading it in its entirety. That said, none of the provisions you mentioned are illegal or... Read More
If you had injuries that were caused by his conduct, then you may have a claim for damages. A potential recovery source would be any homeowners insurance that he has on his home or renters insurance that he has if he rents. Discuss your case with an attorney here in the state of Florida about contingency fee representation.... Read More
If you had injuries that were caused by his conduct, then you may have a claim for damages. A potential recovery source would be any homeowners... Read More

Johnson v Davis Law - non-disclosed real estate defects

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Real Estate
OK, so if a seller fails to disclose a material defect that he knows or should know about the home and the buyer is not expected to know of this defect upon a reasonable inspection, then the buyer can sue the seller for the damages that were caused by the material omission. Additionally, you could also sue the sellers broker if the sellers broker knew or should've known of the condition, but failed to report it to you. Finally, you may also be able to sue the home inspector that you hired prior to closing. You should consult with an attorney here in the state of Florida About possible representation. Keep in mind that there is a statute of limitations that you need to comply with or else you will be forever barred from seeking and relief in court        ... Read More
OK, so if a seller fails to disclose a material defect that he knows or should know about the home and the buyer is not expected to know of this... Read More
Medical malpractice cases are a high hurdle—they’re expensive to pursue and require meeting strict thresholds before you can even file. That’s likely why multiple attorneys have declined to take your case. A stronger angle may be whether your broken wrist was caused by a third party you could sue directly. Even if there’s a theoretical malpractice claim, the original tortfeasor, the person who caused the broken wrist( if there is one) , would typically be responsible for those damages caused by a negligent doctor. ... Read More
Medical malpractice cases are a high hurdle—they’re expensive to pursue and require meeting strict thresholds before you can even file.... Read More

Family

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer
Yes your daughter can evict her boyfriend even if he's been there for 5 years.     
Yes your daughter can evict her boyfriend even if he's been there for 5 years.     
Yes, you may have a case against the bar—even if it’s closed—based on negligent security. You’re approaching the statute of limitations for personal injury in Colorado, so it’s important to act quickly. You should hire an attorney on a contingency fee basis, meaning you don’t pay unless you win. We can’t solicit cases through this platform, but you’re welcome to research our backgrounds and reach out privately with one of us.        ... Read More
Yes, you may have a case against the bar—even if it’s closed—based on negligent security. You’re approaching the statute of... Read More