Barry E. Janay

Barry Janay, Esq. represents emerging businesses in matters relating to commercial litigation, intellectual property infringement matters and other intellectual property litigation (including misappropriation of confidential and trade secret information), employment and labor law, collections, defamation, privacy and media law litigation matters. Barry serves as counsel for clients in industries ranging from publishing, software, retailers, and consumer products to online businesses.

Probate

Probate Administration, Probate Litigation, Will Contests

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Elder Law

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Collections

Employment Law

Employee Benefits, Employment Contracts, Employment Discrimination, ERISA, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination

Intellectual Property

• Aviation Law

• Free Consultation
• Credit Cards Accepted
• Contingent Fees

New Jersey

Since 2017

New York

Since 2004

2nd Circuit

Since 2012

Chief Legal Officer

Vested, LLC

2014 - Current

CEO

The Law Office of Barry E. Janay, P.C.

2004 - Current

Chief Legal Officer

BT Systems, LLC

2008 - 2014

Senior Counsel

Rick, Steiner, Fell & Benowitz, LLP

2008 - 2012

Golden Gate University

MBA (2003) | Business Law / Finance / Economics / Management

2001 - 2003

Golden Gate University School of Law

J.D. (2003)

2001 - 2003

Rollins College

B.A. (2000) | Political Science / Communications

1996 - 2000

Activities: Pre-law Society

Client Choice Award

Avvo

Association of the Bar of the City of New York

Member

Current

New York County Lawyers Association

Member

Current

Morris Aero Club

Member

Current

Brotherhood of Protective Order of Elks - Summit, NJ

Current

New York State Bar  # 4264800

Member

2004 - Current

Fiduciary Ethics: Powers, Responsibilities, and Performance

2021

The Interplay Between Ethics, Estates, Fiduciaries and Guardianships, Lecturer

2021

National Academy of Continuing Legal Education

Q. PARK ‘N FLY is US Service Mark registered Does the following in any way unlawful “www.bestparkandflydeals.com”

January 18, 2019

A: Good question, probably belongs in the Trademarks category since Trademarks and Servicemarks are the same set of rules. Your question would boil down to whether an objective consumer would be confused by the domain, if they would be then it would potentially be an infringement. That said, a good attorney (I'm not one to brag ;) would be able to poke many holes in any claim that it was infringing, but like a good magician doesn't give away his secrets...

Q. I’m sued for leaving a bad review on Better Business Bureau for bad customer service

January 8, 2019

A: Depends on the review, but they are probably seeking damages for defamation and harm to their business reputation. These are fact intensive and "truth" is an absolute defense. You need to get a lawyer to defend yourself or your company.

Q. Statue of Limitations for Article 78

January 8, 2019

A: While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. / agency you need to show that they had no basis under the law for what they did (among other reasons). That being the case it depends entirely on the basis for the denial as to whether you should start an Art. 78 proceeding. Now, as to the time or statute of limitations issue, I am not aware of ANY statute of limitations on correcting a defect in a birth certificate and I'd be pretty shocked if there is one because no matter the time frame the gov't has a compelling interest in recording accurate birth records.