Hi,
I was wondering if someone can provide any advice, as my company is receiving threatening letters about a photo that was on my website.

Here are the pertinent facts:

1. The website is owned by my corporation, and is a very new business – only about a little over a year old.

2. I received business coaching to build the site, and was referred by my business coach to a website where I could find photos for my site.

3. The website offering the photos said they were free to use for any purpose as long as I was not creating a commercial product featuring the photos (derivative work) to sell (which I’m not – my site is on health products, and all photos are purely decorative).

4. A couple of months later, I received a letter from some image licensing company (I will call them Company X), stating that a photo on my site was in violation of copyright law. (Note that the letter was addressed to my website address, NOT my corporate name – there is no business entity created in my website name.)

5. I immediately removed the image in question from my website.

Several months later, I received another letter, saying that I owed Company X something ridiculous like $1,200 for using their picture, even if it wasn’t on my website anymore. (Or I could pay them $1,200 for a license to use the picture.)

I just received another letter titled “Notification of Case Escalation” and saying it my “last chance” to pay the settlement.

Okay, so my question is, what should I do here?

First of all, they are not actually threatening to sue my corporation, but a business name that does not even exist. Secondly, I removed the photo immediately upon notification of the violation and never received any compensation from (or during) its use. Thirdly, I try to be pretty cognizant of copyright law, and I did believe in good faith that it was okay to use the photo – shouldn’t the person who was offering the image for download and “free usage rights” on the photo download website be the one who is penalized?

And lastly, I absolutely don’t have the money for this (my business is very new, and I have made a total of just over $100 so far), don’t want to use the photo that badly anyway, and my corporation has no holdings.

Should I reply and tell Company X this? Do you think it is just a scare tactic? Surely they won’t take my corporation to court if there is nothing they can possibly gain – since my corporation owns a total of $0.00 – right? Then again, I don’t have the money for legal fees either.

Any valid advice would be much appreciated!
Thanks!
Rose.

Does a person having dementia and occasionally using a walker prior to an accident preclude the person from receiving compensation for injuries from the accident that include greater memory loss, disorientation, inability to get out of bed without assistance or stand without a walker? I was told by a lawyer that this was so, but this information seems incorrect to me.

I am a creditor who got a notice for a stay as a former tenant in my property has recently declared backrupcy. There is a civil trial set where she and her former roomate are the defendants and are counter suing for their deposit. I wish to drop the case against the roomate and move the case against the person who declared backrupcy to the bankrupcy court. Do I simply put in a motion to dismiss with the civil court in regards to the non-bankrupt party and pay back their portion of the deposit? Also what do I file in the civil court to remove the bankrupcy party from the case and do I also have to file a notice of removal in the bankrupcy court to move the case over? Please help I am on a tight deadline.

Here’s the situation:

Husband was convicted of sex crimes against teenage step daughter and got 10yrs because of numerous perjury charges, etc… (the story is too complicated to post, it can be said he dug a very deep hole for himself). He is currently on probation and his time will be up next year. Husband and wife divorced right after he went to prison.

Extended Family situation:

Ex-Husband has 4 children from 1st marriage, all adults now living on their own. Wife has 3 children from 1st marriage, also all adults now including the victim above which are living on their own in other states and locations. Then there is the youngest child, a daughter, which the two have in common, now 16 (she was 7 at the time and was determined not to have been involve) living with the wife of course.

The Problem,

As a condition of the sentencing, a permanent criminal no contact is in place until 2055, expires the ex-husband’s 100th birthday. This prevents the common child of the couple from seeing her other half siblings, her father (the sex offender mentioned), her paternal grandparents, etc. because apparently (according to his Parole officer, and the order wording) it would violate the no contact order since she is considered the “victim’s family”, and he would be charged with another felony.

As a consequence, this denies the common daughter from ever meeting her father in this life time, even after she is an adult. It also prevents any contact between the ex’s for their lifetime, which prevents any closure to this situation.

There is no fear of retaliation from him by any of the person’s involved, the court put the order in place on it own. He is a one time offender, was determined to be low risk of re-offending, and been through sex-offender treatment, and rehabilitation, etc.

How is it fair that he can see “his” side of the family, but not the common daughter? The court did not consider the collateral damage when they put these measures in place.

The question:

What can be done to remedy this situation (after the child turns 18)? She has a lot of anger and issues over not being able to see her father, ever, and her other siblings. Is there is any legal recourse that can be taken?

Hello,

At my place of employment one of the managers said something extremely inappropriate to one employee and it was overheard by at least one other employee in the same room (and possibly others in the next room).
If I were to make this statement known to the others in the company (peers and superiors…say, via email, a slideshow of written cards, and/or a video posting on YouTube)….would this manager have any recourse (given the fact that multiple people can verify that this manager said what I claim they said)?

Also, if I do go forward with divulging this information and this manager is reprimanded and/or fired because of what they said, does that change your answer? This information is pretty damning and if it went viral, this manager wouldn’t get hired in this job field anywhere in the city (and would probably have to move or change careers).

Let’s add a couple more items and see if that changes any answers:

1) Does only using the manager’s first name in any way further shield me from litigious retaliation?
2) What if I were to include the name of our employer and/or pictures of our place of work, would that open me up to litigation by said employer (since I’m not divulging potentially damning information about them, just one of their employees?… my goal in including the name of the employer is so that this person becomes a media/PR/lawsuit liability and therefore not a good representative of this upstanding company…and said company would rather save face than save this manager).

Basically, if I let the truth be known about what this manager said, and have multiple witnesses to back it up, and it negatively affects this manager (life, status, job, relationship…whatever)…do they have ANY recourse (i.e.: could I have to pay damages)?

Thanks.

We are hiring a new employee, when reviewing his identity submitted for the I-9 form I noticed that the first name is different on their social security card than on their driver’s license and what had been submitted on their application. My boss “knows” the person and when I told him that I would have to use the name as it is on the social security card for payroll purposes he profoundly told me “No. Use his name as it is on his driver’s license” he went on about the SS card not being legal ID, which I understand, but as far as the IRS is concerned (for payroll taxes) I believe I am to use the name as it appears on their social security card.

Am I wrong? Please provide “back up” for either way – documentation, legal reference. This is not the first time I am told to do things they way my boss says regardless of if it is legal. I also told him I cannot accept photo copies of the driver’s license and social security card – he told me otherwise (and none to pleasantly). I am always in battles with him over what he says is the way to do things and what I feel is the legal way to do things.

I work in Finance for a large corporation and recently applied and interviewed for another position within the same company. I followed all the rules by informing my manager, HR of my group and even the deputy (assistant) CFO. The interview process lasted 7 business days as I first met with 3 people on Thursday, March 24th, another person on Monday, March 28th and then the Director of Finance of that group on Friday, April 1st. I was extended an offer on the following Wednesday, April 6th. I informed my current group of my intentions to accept the offer and they countered back to me with their own offer for increases responsibility and a reduction to my relocation retention period. I decided to take a few days to make my final decision. At some point during those days, the CFO of my current group called the Director of Finance of the new group and they had a discussion regarding my offer. On Monday, April 11th the offer was withdrawn. I had not officially accepted but I did inform both HR and my current group that I was planning to accept. When I questioned the CFO of my current group he admitted to having a discussion and said that they mutually agreed that it was in the best interest of the two groups that they not move forward with my internal transfer. I realize they have the right to withdrawal but is it legal for the CFO to persuade the Director of Finance of the other group to withdraw the offer.

NYSEG had me served with a lawsuit and I answered pro-se, requesting that the case be dismissed due to the courts lack of jurisdiction and NYSEG’s misrepresentation of the facts. (Defense: C.P.L.R. 3211 which states that the court does not have jurisdiction of the person of the Defendant who resides in Chenango County. As well as the defamatory unsubstantiated misstatement of the facts, detrimental to the Defendant’s reputation and occupation, I request that the case be dismissed.)
I received a letter in the mail today from NYSEG’s attorney’s. They wish to discontinue the action WITHOUT prejudice. It is still listed as an active case online. I’m assuming they want to drop the case in the original county in which it was filed and take it to the correct court with jurisdictional rights. There is no court date set, and I do not wish to sign this agreement.
How do I go about responding to the attorney’s Stipulation Discontinuing Action without signing their agreement, and have it discontinued WITH prejudice? Should I respond with the same agreement, only substituting ‘with prejudice’ instead of ‘without’?
Also, is there a way I can counter sue for the time and resources I spent defending myself, if it is not discontinued? It’s not my fault NYSEG and their attorney’s don’t know which court has jurisdiction over the case when it is clear- I don’t see why I should be required to pay their attorney’s fees when I’m doing their attorney’s work as well as my own.
Thank you for any answers you can provide for me.