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Biography
Barry Janay, Esq. represents small to medium-sized businesses, individuals, and families in legal matters such as Estate Planning, Business Law, Wills, Trusts, Probate and Real Estate.
Barry also advocates for 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. He serves as counsel for clients in industries ranging from publishing, software, retailers, and consumer products to online businesses.
Practice Areas
- 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
Additional Practice Area
- Aviation Law
Fees
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
- New Jersey
- New York
- 2nd Circuit
- U.S. District Court, Eastern & Southern Districts of New York
Languages
- English
- Hebrew
- Russian
- Spanish
Professional Experience
- CEO
- The Law Office of Barry E. Janay, P.C.
- Current
- 2003-Current
- Chief Legal Officer
- Vested - Communications Agency
- - Current
- Of Counsel
- Law Office of Joseph B. Maira
- - Current
- Of Counsel
- Law Offices of John J. Zidzunias, LLC
- - Current
- Chief Legal Officer
- BankTrade BT Systems, LLC
- - Current
- Senior Counsel
- Rick, Steiner, Fell & Benowitz, LLP
- -
- Of Counsel - Litigation and Dispute Resolution
- MasurLaw
- -
- General Counsel
- Tradepaq Corporation
- -
- General Counsel
- CSI Complex Systems, Inc.
- -
Education
- Golden Gate University
- MBA (2003) | Business Law / Finance / Economics / Management
- Golden Gate University School of Law
- J.D. (2003) | Law
- Rollins College
- B.A. (2000) | Political Science / Government
- Activities: Pre-law Society
Awards
- 10.0 Superb Rating
- Avvo
- AV Preeminent Peer Rating
- Martindale-Hubbell
- 2016-2018
- Best Employment Lawyers in New York City
- Expertise.com
- Best Employment Lawyers in Clifton
- Expertise.com
- Best Probate Lawyers in Jersey City
- Expertise.com
Professional Associations
- 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 Jersey State Bar
- Member
- Current
Publications
Articles & Publications
- How to Collect on Past Due Accounts...
- Avvo Legal Guide
- Terminating an Employee (A Legal How To Guide for Employers)
- Avvo Legal Guide
Speaking Engagements
- Guardianships Across Jurisdictions: Basic Considerations For the Attorney Practitioner, National Academy of Continuing Legal Education
- The Interplay Between Ethics, Estates, Fiduciaries and Guardianships, National Academy of Continuing Legal Education
Legal Answers
831 Questions Answered
- Q. PARK ‘N FLY is US Service Mark registered Does the following in any way unlawful “www.bestparkandflydeals.com”
- 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
- 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
- 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 ... Read More
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