A statute of limitations is a law that sets out the maximum amount of time that a party involved in a dispute has to commence legal proceedings against an opposing party. The limitation periods vary by jurisdiction and are applicable in civil and criminal cases. One major issue not addressed
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Sale of Fake or Fraudulently Obtained Covid-19 Vaccines in New York
In a press conference in January of 2021, New York Governor Andrew Cuomo stated that “if there’s any fraud in the distribution. You’re letting people get ahead of other people or selling the vaccine – you’ll lose license. But I do believe it should be criminal, and I’m going to
Continue readingCease and Desist Letters are an Efficient Means of Resolving Many Disputes
If you or your business is a victim of trademark infringement, copyright infringement, harassment, breach of contract or another harm, in many cases, a cease & desist letter drafted and sent by a law firm can help in resolving the matter in an amicable manner and with little cost. We
Continue readingProposed Amendments to New York Antitrust Law
The Donnelly Act, which is New York’s main antitrust law, was written in 1899 and codified in §340-§347 of New York’s General Business Law. It is time for this act to be updated. Anti-trust/Competition Law in New York has not kept up with the times. Prohibited Acts under New York’s
Continue readingFree Initial Consultation with a New York Lawyer
Hayes & Simon, an international law firm, is offering a free initial consultation with an attorney in New York. Your legal consultation may be schedule at: Schedule a Call. The call shall be with, in most cases, New York Lawyer Sean Hayes. Hayes & Simon, P.C. Hayes & Simon professionals are internationally
Continue readingHiring a Criminal Defense Lawyer in New York: Consider the Signs of a Great Defense Attorney
In all cases, where you are accused of a crime in New York that may lead to a sentence of time in a New York jail deportation (“crime of moral turpitude”) from the United States or may harm your future – hire, quickly, an experienced and proactive NY defense attorney.
Continue readingTrump Administration Challenges New York City Gun Laws
The Trump administration filed, recently, a brief challenging the perennially controversial NY Gun Law. The brief filed by the Trump administration argued that NY Gun Laws created by the NYPD known as the “transport ban” is unconstitutional, alleging that it contradicts the Second Amendment rights to “keep and bear arms.”
Continue readingSupreme Court Extends RICO Law To Cover Acts By Domestic Organizations Overseas
The Supreme Court determined in RJR Nabisco v. European Community that the Racketeer Influenced and Corrupt Organizations Act (RICO) — a statute created to fight organized crime across the country, can be applied to prosecute criminal acts outside of the United States and, in some cases, even create a private right of
Continue readingThe Most Common Ways NY Small Businesses Land In Court & Ways To Avoid The Court Room
Everyday, New York small businesses are served with lawsuits that could have been avoided had they implemented some simple practices that help avoid the court room. On average, a business with revenues of $1 million per year will spend about 2%, or about $20,000, per year in legal fees. That
Continue readingFDA Cracking Down on Underage Sale of Electronic Smoking Devices
NY Small businesses that sell electronic smoking devices like vape pens and e-cigarettes will now have to treat them as “tobacco products” thanks to new FDA regulations intended to crack down on underage sales of these items. This week, a earlier ruling from the U.S. Food and Drug Administration (FDA)
Continue readingEmails Held Overseas Are Not Subject To U.S. Warrant
The Second Circuit in New York recently handed down a ruling that emails held in servers overseas are not subject to a warrant issued in the United States. Judge Susan Carney ruled that the government cannot use a domestic search warrant to compel disclosure of email data stored with a U.S.
Continue readingProving Civil Fraud In NY
Fraud comes in different forms in New York, which recognizes both common law fraud and statutory fraudulent behavior. In business, as in life, people are not always as reputable and they appear. Unfortunately, there are less than scrupulous business actors who will resort to fraudulent misrepresentations to gain what you have
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