Harvard Law School, LLB;
and Long Island University,
BA
Decades of Business
Experience
I, Carl Person, have been
engaged in business and the
running of my own businesses
(including my practice of
law) for 40+ years. There is
a difference between
receiving a paycheck and
being responsible for seeing
that there are sufficient
funds to provide regular
paychecks to others. This
difference enables me to
understand many of the
problems being experienced
by prospective clients,
mainly because I have
already dealt with many of
such problems myself, and
have already thought through
some of the ways to deal
with such problems.
Franchise
Terminations - List of 8
Steps a Franchisee Can Take
to Protect or Defend against
Termination
I have prepared and
uploaded a 7-minute video on
YouTube which explains how a
franchisee facing franchise
termination is in pretty
much the same position as a
homeowner facing mortgage
foreclosure. I set forth my
list of 8 things a
franchisee or licensee can
or should do to protect or
defend the franchise or
license from termination.
You can read the script I
prepared to create this
video at
Video Script>
As explained in the
script and video, I am able
to represent franchisees and
licensees in any state in
the United States, with
local counsel.
Trademark, Copyright,
Contract, Fraud, Securities,
Antitrust and Other Business
Litigation
I have had more than 40
years of experience in
business litigation,
including copyright,
trademark and patent
infringement; theft of
screenplay, toy, game and TV
show ideas; bank and wire
fraud, RICO, securities
fraud, consumer fraud,
securities fraud, stock
manipulation, false
advertising, unfair
competition, bribery, unfair
labor practices, credit card
fraud, loss or denial of
business or professional
licensing.
I am interested in
representing clients in
these types of litigation.
Defense of Copyright
and Trademark Actions to
Recover Huge Amounts of
"Statutory Damages" and
Legal Fees
The federal trademark
statute (Lanham Act) and the
federal Copyright Act have
been amended over the past
years to provide huge
amounts of potential
"statutory damages" to
persons who infringe one or
more copyrights and
trademarks. The AIAA has
brought many hundreds of
actions against students and
others who have downloaded
copyrighted songs without
payment. The student doing
the downloading was saving
perhaps $.80 or $1.00 but is
subjected to the substantial
litigation costs of a
copyright infringement
action with the plaintiff
seeking as much as $150,000
for each illegally
downloaded song, or 150,000
times (or more) the amount
being saved (or "stolen").
Trademark infringement is
much worse, with statutory
damages of $1,000,000 for
each trademark infringed,
plus legal fees (which for a
case involving very little
in actual damages - usually
nothing at all) which can
amount to $50,000 to
$250,000 or more.
There are various
defenses that should be
considered in this type of
infringement action for
statutory damages. Call me
and I'll outline many of
them for you. YOu also
should look at my YouTube
video entitled "Defending a
Frivolous Trademark
Infringement Action" [7:42]
by clicking on
Defending a Frivolous
Trademark Infringement
Action by Carl E. Person -
7:42
Defense of Mortgage
Foreclosure Actions to Give
Homeowner Time to Obtain 2
Benefits
Homeowners when
threatened with the loss of
their homes through
foreclosure proceedings
usually have meritorious
defenses, monetary offsets
or reductions in liability
and/or counterclaims based
on improper or illegal
conduct of the lender,
mortgage broker, appraiser
and/or any mortgage
servicing institution. Their
activities often giving rise
to issues such as lender's
liability, fraud and
constructive knowledge of
fraudulent broker or
appraiser practices, for
which the homeowner should
make an issue by defending
the foreclosure action. This
will enable the homeowner or
property owner to achieve a
delay during which time the
homeowner or property owner
can have a chance at
obtaining a modification
agreement which the lender
up to that point had refused
to give or have a longer
time in which to sell the
property (not at a distress
sale) to be able to take
his/her equity out of the
property, and to live in or
rent the property during the
period without paying the
monthly payment to the
lender. This will provide
you with far more than you
need to defend the action,
and allow you to build up a
fund for use in settling the
foreclosure action. You
might be interested in
looking at my YouTube video
entitled "Stop Paying Your
Mortgage!" [9:13] which
explains why many homeowners
have been getting the wrong
advice - I believe many of
them should stop paying
their mortgage (in judicial
foreclosure states) and
invite a foreclosure action
as a way of obtaining a
modification agreement the
lender otherwise refuses to
give. See
Stop Paying Your
Mortgage! by Carl E. Person
9:13. Also, you
should look at my YouTube
video "Defend Foreclosure
Actions! [5:16] which
explains why you should
defend a foreclosure action,
and do so immediately, and
now wait until the last
minute. See
Defend Foreclosure
Actions!.
Small Business
Representaion; and Claims
for Unpaid Wages
(FLSA/State)
Most attorneys in major
law firms have had no
business experience and for
them, I believe, it is more
difficult to fully
understand some of the
problems of the firm's
business clients or clients
suing a business. This
business experience is also
useful in understanding the
problems for (i) small
businesses when they are
sued (such as in trademark
or copyright infringement
and breach-of-contract
actions), and (ii) employees
of major companies or
governmental agencies when
the employees (sometimes
including executives,
professionals,
administrators, managers,
partners and programmers)
are denied the full amount
of overtime pay or the wages
for required preparation or
end-of-day time under the
Federal Labor Standards Act
of 1938 and/or state law.
Arbitration - But
Beware - Arbitration Can Be
a Fraud
If you are considering
arbitration, or are being
threatened with an
arbitration proceeding,
there are some things you
should know. I invite you to
look at my YouTube video
entitled "Arbitration Is a
Fraud", at
. I am interested in representing clients in arbitration
proceedings, and the best
thing to do in some
instances is to fight to get
out of arbitration. My video
explains how this should be
done.
I am interested in
representing clients in the
above types of litigation
and others, as stated below.
Civil Rights Actions
Arising Out of Abusive
Criminal Procedures
Also, I am interested in
handling civil cases to
recover for police
brutality, illegal search
and seizure, malicious
prosecution, false
imprisonment and wrongful
conviction, and other denial
of rights guaranteed by the
United States or New York
Constitution.
My initial discussion
with prospective clients is
without charge.
To discuss your problem
on the telephone, or to make
an appointment to discuss
your problem in my office,
please call me at
212-307-4444.
Here are links to
two YouTube 1-hour
interviews I had
recently with Harold
Channer and a
one-half hour
interview with Paul
Gloria and co-guest
Jacboxer.
Discuss
Representation with
Attorney Carl E.
Person
To discuss
representation, you
can contact me by
phone
212-307-4444 or
reach me by email
carlpers@ix.netcom.com
There will be no
charge for the
discussion.
Last revised
04/05/10
Attorney Advertising
Carl E. Person. He is a
graduate of Harvard Law School and has more than
40 years of litigation experience, primarily in
antitrust, commercial and civil rights cases.
The websites of greatest interest to users of
this rebate website should be: (i) Attorney
Person's website about using a "town attorney
general" to represent a small town or village
and its residents and small businesses against
the numerous and continuing violations of law by
major corporations that are illegally taking
away the jobs, property values, and standard of
living from residents, and illegally putting
local small businesses out of business. See Town
Attorney General Website
My name is Carl E. Person, and I am an attorney
admitted to practice in New York. Since 1993, I
have written more than 100 websites (very
loosely defined to include pamphlets, articles,
books published on Internet, a cartoon, works in
progress). My c.v. or resume is at Updated C.V.
or Resume of Carl E. Person
This website is my oldest website. Lawmall.com
is basically an index to these 100+ websites,
not only for users, but for me to be able to
find my own material.
I am a graduate of Long Island University and
Harvard Law School and have more than 40 years
of litigation experience, primarily in
antitrust, commercial and civil rights cases.
Categories of my websites, articles, pamphlets,
books and other works (even a Wal-mart cartoon)
are available through links in the leftside or
top banners.
Most of my material is law related, and at this
time I am actively trying to create a new
governmental position, which I call,
generically, the "town attorney general". See my
website My Town Attorney General Website. Other
names for this new office (not yet achieved in
any of the nation's 38,967 towns, villages,
cities, counties or other municipalities) are:
• NYC Attorney General [which I am now trying to
create through a ballot initiative in NYC,
naming myself as the first NYC Attorney General]
• City Attorney General
• County Attorney General
• Village Attorney General
• Municipal Attorney General
So I can change the total number from time to
time, I am including a link to my source for
statistics on the number of counties, cities,
towns and other municipal governments in the
United States. See Wikipedia as Source for my
40,000 Total [scroll halfway down the long
page]. There are 3,034 counties; 19,429 "cities"
and other municipalities with "large"
populations; and 16,504 "towns" or "townships".
I'll use the figure 40,000.
The law has been used during the past 40 years
to reduce the rights and standard of living of
most Americans. As I see the problem, from my
vantage point as a lawyer, litigator, private
enforcer of the nation's laws, and someone who
has tried (unsuccessfully) to run for statewide
office in NYS (Attorney General, in 2006), the
country needs more civil law enforcement at
government expense. Voters, residents,
homeowners, employees and small businesses do
not have the money to enforce the nation's laws.
This should be done by the federal, state and
local governments, but it is not being done by
any of them.
My concept for the "town attorney general" is to
decentralize the awsome power of the state
Attorney General by creating an army of 40,000
(hopefully elected) public attorneys general
throughout the United States (one for each
governmental unit below the state level) who
will start enforcing the nation's civil laws on
behalf of the nation's voters, residents,
employees, homeowners and small businesses - AT
GOVERNMENTAL EXPENSE. In other words, we no
longer can rely upon the federal and state
governments to enforce the rights of
individuals, and the way of dealing with this
problem is to create an enforcement office at
the lowest levels of government.
This is very much a legal problem, as I see it,
and something to which I am devoting a
significant amount of time, in addition to my
litigation law practice.
If you would like to help out or want to talk
about any of these matters, please give me a
call, 212-307-4444 or send me an email, to
carlpers@ix.netcom.com.
Updating
Note on 11/16/07: My practice
today is varied with:
representing plaintiffs in
federal and state courts in
contingent-fee litigation as
to antitrust, civil rights,
fraud, libel, predatory
lending and employment cases
representing defendants in
federal courts in trademark,
copyright, maritime,
business tort, contract,
fraud, defamation, and other
commercial cases
representing defendants in
federal courts as local
counsel
representing plaintiffs or
defendants in various other
types of litigation the
outcome of which is
important to the clients -
in other words, I'm
interested in almost any
type of civil litigation
except negligence,
malpractice, small claims,
matrimonials, and filing of
bankruptcy proceedings
I do
not do transactional work
such as setting up
corporations, filing of
copyright or trademark
applications, or real estate
closings
Brief
Description of Practice: civil
litigation (including
Robinson-Patman Act and other
antitrust, small business and
civil rights), in the federal
and state, mainly on a
contingent-fee, or partial
contingent-fee, basis courts
Admitted to Practice:
All
New York Courts (1962)
U.S.
District Court - Southern
District of New York - New
York NY (1970)
U.S.
District Court - Eastern
District of New York -
Brooklyn NY (1975)
U.S.
Court of Appeals - 2nd
Circuit - New York NY (1975)
U.S.
Supreme Court - Washington
DC (1976)
U.S.
Court of Appeals - 9th
Circuit - San Francisco CA
(1980)
U.S.
Court of Appeals - 4th
Circuit - Richmond VA (1994)
U.S.
Court of Appeals - Federal
Circuit - (1997)
U.S.
Court of Appeals - 3rd
Circuit - Philadelphia
(1997)
Various U.S. District Courts
(pro hac vice)
including Los Angeles, San
Francisco, San Jose,
Norfolk, Philadelphia,
Trenton, Chicago
Litigation Experience:
Robinson-Patman/Antitrust,
including Carl E. Person
v. Google, Inc.,
Coalition for a Level
Playing Field LLC v.
AutoZone, Advance Auto,
Wal-Mart, Sam's Club,
The Intimate Bookshop v.
Barnes & Noble, et al.,
New York, United Magazine
Co. v. Murdoch Magazines
Distribution, et al.,,
New York, Coalition for a
Level Playing Field, et al.
v. AutoZone, Wal-Mart, et
al., New York, Yellow
Pages Advertising Agencies
v. Bell Yellow Page
Publishing Co's, SDNY,
National Auto Brokers
Corp. v. General Motors
Corp., et al., SDNY;
Parker Brothers v.
Anti-Monopoly, Inc., San
Francisco, Hygrade v.
Tropicana, SDNY;
Anti-Monopoly, Inc. v
Hasbro, Inc., SDNY;
Servco v. Xerox Corp.,
SDNY; Vitale v.
Marlborough Gallery, et al.,
SDNY; Paralegal Institute
v. American Bar Association,
EDNY; Kramer v.
Pollock-Krasner Foundation,
SDNY
Civil
Rights, including New
York State Association of
Career Schools v. State
ducation Dept. of New York,
SDNY (advertising); New
York State Association of
Career Schools v. State
Education Department of New
York, SDNY (excessive
regulation); Person v.
Association of the Bar,
EDNY (lawyer advertising);
Person v. Association of
the Bar of the City of New
York, EDNY (shares in
lawsuits, expert testimony
on contingency fee basis);
Paralegal Institute v.
American Bar Association,
EDNY
Environmental, In re
Lutheran Medical Center
(environmental impact
statement), EDNY
RICO,
Teltronics v. L.M.
Ericcson, EDNY, Rand
v. Anaconda-Ericcson,
EDNY
Bankruptcy, In re Feit &
Drexler, Inc., SDNY;
Teltronics v. L.M. Ericcson,
EDNY, Rand v.
Anaconda-Ericcson, EDNY;
In re Rumican 190 Corp.,
SDNY-Bkcy Ct
FIRREA, Fisch v.
Fidelcorp Business Credit
Corp., SDNY; Goller
Place Corp. v. RTC,
EDNY, DNJ-Trenton
Copyright, Merchant v.
Lymon, SDNY; Buckner
v. Marvel Entertainment,
SDNY; Cox v. Paramount,
SDNY; Folke v. Paramount,
SDNY; Associated v. Walt
Disney Co., SDNY,
Dunn v. Paramount, SDNY
Patent, Lemelson v.
General Mills, Chicago;
and Chalais v. Hasbro,
SDNY
Trademark, Parker
Brothers v. Anti-Monopoly,
Inc., San Francisco;
Charles of the Ritz Group,
Ltd. v. Marcon, Ltd.,
SDNY
Class
Actions, National Auto
Brokers Corp. v. General
Motors Corp., et al.,
SDNY; Collins v. American
Express Corp., Sup. Ct.,
NY Co.
Diversity Litigation,
federal courts: numerous
cases from 1970 to present
Real
Estate Litigation - various
lawsuits in state and
federal court relating to
real estate, mortgages,
injunctions, bankruptcy
reorganization, land use
State
Actions, numerous actions in
state courts in New York,
Florida and Pennsylvania
involving real estate,
misappropriation of ideas,
breach of contract, unfair
competition, commercial
matters
Specialized Legal Websites
Created, Authored and Maintained
by Carl E. Person:
My
First 4 Websites on
Prosecutorial Abuse and
Prosecutorial Misconduct -
[Please note that each of
these four websites begins
with a Part I which is
identical as to each of the
4 websites. Read it once,
and skip over it to Part II
in each of the other 3
websites.]:
Carl E. Person
325 W.45th St Suite 201
New York NY 10036-3803
Tel. No. - 212-307-4444
Fax No. - 212-307-0247
Email Address:
carlpers@ix.netcom.com
LawMall -
a Unique Website for Antitrust
and Civil Rights Litigation and
Needed Political Reform
1st Pub.:
1995; New Look 11/11/07; Last
Update: 11/12/07-9:17 am
Explanatory Note as to Lawmall
Website Development; Website
Search Technique
My name is
Carl E. Person, and I am an
attorney located in New York,
NY. I started this website in
1995 and have made hundreds of
changes from then to the
present, including Lawmall's new
look (using "php") and website
search feature (as of 11/11/07).
When I started using
professional programmers, I
started using new URL's, but I
still consider these
"independent" websites part of
my Lawmall. Many of my most
important websites are not under
this "Lawmall" structure, but
I'm including them in the
various lists below. Most of my
Lawmall websites are pure HTML
websites, which I'm gradually
changing. My newer,
professionally-programmed
websites generally have or will
have independent domain names.
Regardless, I include both types
in my list below, to try to have
one place where I can refer to
most of my websites.
Searching
for Website Material I Have
Published
Now, you
can search my 100+ websites
using my newly-obtained
PicoSearch feature. Prior to
this search feature, I used a
search engine such as Yahoo, MSN
or Google to conduct an Internet
search for website material I
have published. I would search
for "Lawmall" + "Topic" such as
"lawmall jury nullification".
That was
an easy way to search for my own
published material. All I did
was put the word "lawmall"
before what I'm searching for,
and I could generally find what
I'm looking for. Try it using a
major search engine. Search for
"jury nullification" (562,000
hits") and then search for
"lawmall jury nullification"
(only 8 hits). You don't have to
use the quotation marks.
A
SELF-ASSESSMENT OF MY ACTIVITIES
Prior to
Internet, I published two books
(one book, published by
Doubleday, sold 60,000 hardcover
copies) and several articles.
Internet encouraged me to write
and publish many more times on a
broad range of subjects. I am
trying to put most of the
subjects on this single home
page of lawmall, which is
admittedly difficult and
confusing. In fact, some of my
best material (in the form of 8
new free websites to create
mailing lists ) is not listed or
described on this page.
I have
gone from writing about problems
into writing about solutions.
The solutions generally are not
legal solutions, because the
courts increasingly refrain from
enforcing what in past years we
considered our "rights" as
citizens, residents, employees,
homeowners and small business
owners. As a result, I have
turned to practical political
solutions. I emphasize the word
"practical" because I don't
waste my time thinking about
writing proposals to amend
federal or state constitutions,
or writing proposed statutes for
enactment by Congress or state
legislatures. I leave this to
the highly-paid lobbyists who
have been instrumental in
stealing the United States from
its lawful owners, through
providing incentives to our
elected officials to enact
statutes, rules and enforcement
policies that transfer the
nation's wealth to the world's
largest corporations, and
deprive Americans of their
standard of living and
meaningful jobs. My hat is off
to those of you who have worked
hard to ruin America. You have
done a great job, and your
family will at some time
recognize you for what you have
done.
Meanwhile,
there is a job to be done in
trying to restore the United
States in a variety of ways,
such as in its economy, standard
of living, a competitive and
representative news media
providing news needed by the
public to make meaningful
political and other decisions;
health care availability and
quality, oil prices, educational
costs and opportunities, freedom
from prosecutorial abuse and
other governmental oppression,
absense of major voter fraud,
just to list some of the areas
of concern.
The
solution I propose is Internet
based, through the creation and
use of email mailing lists to
serve as the nation's news
media, to provide the news
needed by the public to select,
nominate, support and elect
candidates who will represent
the interests of voters rather
than the interests of the top 2%
of the economy, including the
nation's and world's largest
corporations.
I feel
that by creating free websites
of value to voters, I and others
can create email lists of voters
to enable voters to get weekly
emails of information not being
provided to them by the
monopolized media. These email
lists can be used to identify
and promote the right type of
candidates for public office,
and help to get them elected, in
competition with the main media
who are highly successful in
finding, promoting and electing
tweedle-dum and/or tweedle-dee,
with the election of either
being acceptable to the economic
forces controlling the United
States and the major media.
New York
State offers an excellent
opportunity to achieve political
change from the ground up,
through New York law that
permits voters in towns,
villages and cities throughout
New York State to enact laws
themselves, provided the laws
include the financing needed.
These laws, however, are not
allowed to change the office of
the prosecutor or the office of
the county clerk. For 29
proposed statutes which should
be enacted by NYC voters please
look at my website
29 NYC
Statutes for Enactment by NYC
Voters in "Ballot Initiatives"
If voters
can pass laws in spite of their
elected legislators, voters can
start seeing an improvement in
their position. For example, in
NYC the major is attempting to
force "congestion pricing" down
the throats of voters, motorists
and persons living outside of
Manhattan. I have prepared a
ballot-initiative petition
which, if adopted by NYC voters,
would declare congestion pricing
illegal. See my petition at
Petition
to Make Congestion Pricing
Illegal in NYC.
Also, see my website against
congestion pricing, at
Website
against Congestion Pricing in
NYC.
Another
problem I'm working on is trying
to make work more meaningful and
more valuable to voters and
residents. We should not become
a nation of Wal-Mart associates,
at $8.50 per hour, no benefits,
and a 28-hour workweek. You
can't live on $12,376 per year
(28 x $8.50 x 52) before or
after taxes. One of my solutions
for the problem of our
diminishing base of good jobs is
to have a national database of
tasks that each website user
would like to perform for money,
with a 50-mile ZIP Code radius
to enable the providers of the
tasks to be found in the
geographic area in which the
tasks are to be performed. Take
a look at my website
www.myclads.com (meaning "My
Classified Advertisements").
Through community use of this
website, the community can
create a vibrant economy for its
members, and persons living in
the surrounding area. The
persons who are benefited from
this new income are more
inclined to listen to the
persons providing them with new
income - as to political matters
- than the persons responsible
for taking away their standard
of living. This seems to be a
key to political change, perhaps
hard to grasp by everyone, but
there nevertheless. You can
compare the situation to the
"ward healers" in NYC from the
1790's to the 1960's (see
Wikipedia entry for "Tammany
Hall"). The political wards had
"healers" or "ward healers" who
took care of the people living
in the ward (really, a welfare
system), and could count upon
them to vote for the candidates
being supported by the ward
healer. This is a bottoms up
approach which is needed in the
United States at this time. We
need to get more money to most
of the voters by giving them
greater earning opportunities,
and www.myclads.com seems to be
the way to do this.
I need
some help in accomplishing these
objectives, and if you are
interested in getting involved,
please let me know, by email to
carlpers@ix.netcom.com
Individual programs can be
viewed each week dayHosthmH(11:00
AM - NOON / (NYC Time)
Channel 34 of the Time/Warner, Channel
83 of the RCN, & Channel 33 of the VerizonFiOS
Cable Television Systems in Manhattan, New
York.
The Program can now also be viewed on the
internet at time of cable casting at:
WWW.MNN.ORGw.
NOTE: You must adjust viewing to reflect NYC time
& click on channel 34 at site
