Person Carl E

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Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys

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(212) 307-4444Call Visit WebsiteVisit Website Map & DirectionsDirections325 W 45th StNew York, NY 10036 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

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Email: Email Business
Extra Phones: Phone: (212) 307-0247
Neighborhoods: Hell's Kitchen, Midtown Manhattan
Other Link: http://carlperson.com
Categories: Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Litigation Attorneys, Criminal Law Attorneys, Domestic Violence Attorneys, Estate Planning, Probate, & Living Trusts, General Practice Attorneys, Legal Service Plans, Malpractice Law Attorneys, Medical Malpractice Attorneys, Patent, Trademark & Copyright Law Attorneys, Real Estate Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys

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Phone: (212) 307-4444

Address: 325 W 45th St, New York, NY 10036

Website: http://carlperson.com

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Person Carl E

Adoption

Criminal Defense
Most clients I come across have no idea of the real cost of many types of major commercial litigation (including securities, antitrust, patents, copyrights, breach of substantial contracts, and criminal defense litigation, when treated similarly to the defense of a major commecial civil case. They do not realize the enormous amount of valuable legal time needed to be devoted to prosecuting or defending a major lawsuit or a major criminal prosecution.
Fraud
Write a letter to the local county prosecutor requesting that he/she investigate the matter for criminal fraud and convene a grand jury, and that the client would be willing to testify;
Restraining Order
The "PACA Plaintiff" usually is a wholesaler or grower which has sold fruits or vegetables to a wholesaler or retailer (the "PACA Corporate Defendant") and has not been paid on outstanding PACA invoices for a few weeks or longer. The PACA Plaintiff realizes that there are probably other unpaid PACA Plaintiffs and there is an URGENT need to rush into court and obtain a temporary restraining order and preliminary injuntion to obtain an order stopping the PACA Corporate Defendant [and the PACA Principal Defendant(s)] from dissipating PACA trust assets (i.e., from using PACA assets including commingled assets held by the PACA Principal Defendant to pay anyone except the PACA Plaintiff). By rushing into court and pushing for immediate relief, the PACA Plaintiff may be able to obtain a court order and payment before any other PACA creditors. The payment might be full payment or a negotiated amount in settlement. The important thing for the PACA Plaintiff is to bring the action to enforce the PACA trust and force the PACA Corporate and Principal Defendants to somehow come up with the money to pay the PACA Plaintiff, to then have the PACA Plaintiff end or "lift" the temporary restraining order or preliminary injunction and resume business operations.
Forgery
Key Words: wrongful foreclosure action, non-judicial foreclosure state, definition of wrongful foreclosure, venue, Ibanez decision, Massachusetts Supreme Judicial Court, defenses to foreclosure, robo-signing, forgery, chain of title, standing, notice of intent to foreclose, defective notice, acceleration of debt, statute of limitations, robo-signed endorsement in blank, no default, damages, consequential, punitive, actual, emotional stress...

Business and Corporate Law

Business Disputes
For example, the current high gasoline prices. These prices could be brought down to a lower, less unconscionable level, by an action brought by the New York Attorney General under New York General Business Law 396-r. This statute allows the New York Attorney General to seek a court order rolling back unconscionably high prices of any consumer product (including gasoline, the product which caused the statute to be enacted), and to obtain a refund of the overcharges.
Intellectual Property
Unfair Competition
Class action allegations under the California Unfair Competition Law; California Consumer Legal Remedies Act; and Rule 23 of the Federal Rules of Civil Procedure
Antitrust
Major commercial litigation, including antitrust litigation, is very complicated. For example, The federal courts from 1936 to the present have engrafted a lot of antitrust doctrine onto the relatively simple federal antitrust statute known as the Robinson-Patman Act. See Wish List of Statutory Reforms Needed to Make the Robinson-Patman Act Workable. The lawyer primarily responsible for an antitrust lawsuit should be highly experienced with this type of litigation, to be able to use this experience for the benefit of the client. If an inexperienced lawyer commences an antitrust case alone, such lawyer will have a lot of learning to acquire and the failure to have the learning when needed could wind up hurting the client's case. Let me add, however, that an attorney wanting to do this type of case has to start out with case #1 and should do so, realizing that there is a lot to learn. I am always available (almost always without any fee) to give my insight to any (non-opposing) attorney who calls.

Real Estate Litigation
Real Estate Litigation - various lawsuits in state and federal court relating to real estate, mortgages, injunctions, bankruptcy reorganization, land use
Land Use and Zoning

Medical Malpractice
. Two decisions by the U.S. Supreme Court have changed the world of litigation. The Constitutional right to a jury trial was taken away many years ago by the U.S. Supreme Court and all other federal and state courts that have held that judges have the right to prevent a trial (by jury or non-jury) if the judge grants a "summary judgment" against a party holding that "there are no issues of fact to be decided at trial". These summary judgments are granted all too often, in my opinion, when in fact there are factual issues raised by opposing counsel. The problem is complicated, political on one hand and a matter of logistics on the other (with the court systems in the U.S. being unable to provide trials for the millions of cases where factual issues need to be resolved, and instead of having cases be backed up for 10-20 years waiting for trial the courts and judges resolve cases on more practical grounds, with summary judgment being used to get rid of the case overload. Of course, this is only my opinion after more than 50 years of litigation in both the federal and state courts - but my type of litigation is commercial litigation - with a much higher risk of summary judgment against the plaintiff (but not as much as against civil rights' plaintiffs). When cases are insured, such as negligence, product liability, medical malpractice, the trials seem to be taking place without the same percentage of summary judgments for defendants.

Trusts and Estates

Estate Planning
Power of Attorney
Getting the House for Nothing - Don't Believe What You Hear Most persons now knowledgeable enough, but having read or seen various Internet articles or videos, are under the impression that because of the various problems with loan securitization a homeowner can wind up owning his/her house free and clear of the note and mortgage. This is not true in more than 99.99% of the cases. There are very few instances in which this has occurred. The plain truth is that most of the title defects that exist are cureable, by the creation of proper (and backdated - yes that's ok) title documents that are not forged or robo-signed, and with proper powers of attorney attached if appropriate. The instances where a handful of persons obtained their houses for nothing - if any at all in the long run - are probably where the bank or its attorney committed some really bad things during litigation and the court sanctioned them by dismissing the foreclosure action with prejudice. Whatever else you learn from my present presentation please come away from it thinking that your legitimate objective is to obtain a reasonable loan modification, not your home free and clear of your existing note and mortgage.

Bankruptcy
Loan Modification Agreements Generally Forgive Past Monthly Payments Not Made True loan modification agreements reduce the monthly payment and sometimes the principal amount of the note, and generally they forgive payments on the note that are due but unpaid; forbearance agreements often are for lower monthly amounts than the note says should be paid, but only for a limited period of time, with the unpaid amounts put on the "back end" of the note, payable in later years, but with all of the amounts due under the note to be paid at some time by the borrower, with interest; clearly a forebearance agreement is no more than a temporary respite with greater pain later on (and should be considered the same as a chapter 13 bankruptcy, which essentially winds up to be a forbearance agreement)
Foreclosure
Types of Damages Affordable, Experienced Legal Representation by Attorney with Ivy League Training - Foreclosure Defense, Quiet Title Actions, and Other Commercial Litigation for Plaintiffs or Defendants in Federal or State Courts
Tax Law

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