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Biography
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.
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
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- New York
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- 2nd Circuit
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Languages
- Chinese: Spoken, Written
- English: Spoken, Written
- Hebrew: Spoken, Written
- Spanish: Spoken, Written
Professional Experience
- Chief Legal Officer
- Vested, LLC
- - Current
- CEO
- The Law Office of Barry E. Janay, P.C.
- - Current
- Chief Legal Officer
- BT Systems, LLC
- -
- Senior Counsel
- Rick, Steiner, Fell & Benowitz, LLP
- -
Education
- Golden Gate University
- MBA (2003) | Business Law / Finance / Economics / Management
- -
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- Golden Gate University School of Law
- J.D. (2003)
- -
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- Rollins College
- B.A. (2000) | Political Science / Communications
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- Activities: Pre-law Society
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Awards
- Client Choice Award
- Avvo
Professional Associations
- Association of the Bar of the City of New York
- Member
- Current
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- New York County Lawyers Association
- Member
- Current
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- Morris Aero Club
- Member
- Current
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- Brotherhood of Protective Order of Elks - Summit, NJ
- Current
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- New York State Bar  # 4264800
- Member
- - Current
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Publications
Articles & Publications
Speaking Engagements
- The Interplay Between Ethics, Estates, Fiduciaries and Guardianships, Lecturer
- National Academy of Continuing Legal Education
Websites & Blogs
- Website
- The Law Office of Barry E. Janay, P.C. Website
- Blog
- The Law Office of Barry E. Janay, P.C. Blog
- LOBEJ Merch Store
May 25, 2022 - Testamentary substitutes and the right of election
February 14, 2022 - California AG sues Uber, Lyft for ‘misclassifying’ drivers as gig workers, withholding benefits
December 31, 2021
Legal Answers
833 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 there is one because no matter the time frame the gov't has a compelling interest in recording accurate birth records.
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