Welcome to the Law Offices of Peter J. Lamont & Associates's Legal & Business Blog. The firm is a top-rated and nationally recognized business and litigation law firm with offices in New Jersey, New York, Colorado, & Puerto Rico. The firm also has affiliated offices throughout the U.S. & Canada.

Friday, October 31, 2014

Happy Halloween!


ULTRadio.com Business Attorney Peter Lamont talks with Special Guest Amy Applebaum about Women in Business


Check Out Legal Podcasts at Blog Talk Radio with Law Offices of Peter J Lamont on BlogTalkRadio



Amy Applebaum is an American self-help writer, professional speaker, and life coach. She founded the company "Bootcamp For Your Mind" in 2002 which provides life-coaching to its clients. On today's show Host Peter Lamont will be discussing Women in Business with special guest Amy Applebaum, "The Voice of Women's Success." Are you a business women looking to build success? Don't miss this episode!

 For more information about Amy you can visit: http://amyapplebaum.com

Tuesday, October 28, 2014

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New Jersey Attorney

Do Ebola Quarantines Violate Civil Rights? We Want to Hear from You!

Kaci Hickox, the nurse who was quarantined in New Jersey following her return from West Africa was returned to her home state of Maine on Monday after retaining a lawyer and threatening to file a civil rights lawsuit. 
Although Hickox has tested negative for Ebola, the disease is believed by the CDC to have an incubation period of up to 21 days. As a safety precaution, New York, New Jersey and Illinois have enacted a mandatory 21 day quarantine policy for anyone who has had contact with those infected with Ebola.
Nurse Hickox believed that the quarantine was a violation of her civil rights and even though she has been released and returned to Maine my still file an action in Federal Court. 
The Law Offices of Peter J. Lamont & Associates want to hear from you.  What do you think? Is the quarantine policy a violation of civil rights or is it a reasonable precaution for the safety of the general public?
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If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont & Associates. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Monday, October 27, 2014

What is an Adversary Proceeding in a Bankruptcy Case? Attorney Peter Lamont Explains


An Adversary proceeding is a lawsuit arising out of or related to a pending bankruptcy case. While it can be filed by the individual petitioning for the bankruptcy, it is more commonly filed by a creditor or the trustee.  
Adversary lawsuits are more common in more complex bankruptcy filings but are often filed in more "straightforward" cases as well.  The subject of an adversary proceeding varies but most commonly involves: (1) issues concerning the dischargability of a debt; (2) objections or revocations of a discharge; (3) recovery of money or property; and (4) violation of an automatic stay by a creditor.
Similar to a regular lawsuit, an adversary proceeding is initiated by the filing of a Complaint with the U.S. Bankruptcy Court. The respondent (similar to a defendant in "regular" litigation) may then file an answer to the petitioner’s allegations. During the proceedings, the parties are permitted to conduct discovery — which may include depositions, interrogatories and subpoenas for documents. The bankruptcy court may conduct a hearing at which the judge considers the evidence presented by the parties and makes a decision; however, many adversary proceedings are settled by consent order.
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If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Download UTLRadio: Week in Review 10/27/14 NOW! Hosted by Business Attorney Peter Lamont and Bob Hughes

Download UTLRadio: Week in Review 10/27/14 NOW!




Check Out Legal Podcasts at Blog Talk Radio with Law Offices of Peter J Lamont on BlogTalkRadio

On today's show we discuss:
  1. Update: Penis-Amputation Suit Thrown Out in Alabama 
  2. Watchmaker May Sue Former Execs for Breach 
  3. NY Family Gets $2M for Death in Police Custody 
  4. ACLU Sues Fla. County Over Sex Predator Law 
  5. Parents Blame Bullying for Daughter's Suicide 
  6. Alt Hip-Hop Band Must Arbitrate Dispute 
  7. The Scariest Thing About Halloween is . . . The Liability!  
  8. Wayne, N.J. Teacher Resigns After Facebook Post Mocking Student's Name With Curse Word 
  9. Woman Wasn't Engaged, Can Keep $10K Ring From Ex-Boyfriend: Judge, and more.

Sunday, October 26, 2014

The Scariest Thing About Halloween is . . . The Liability!


By: Peter J. Lamont, Esq.
New Jersey Business Attorney
Law Offices of Peter J. Lamont & Associates

Trick or treaters will soon be visiting and preparations must be made. Apart from the obvious requirements (candy and costumes), your 'to do' list should include a liability checkup.

Ensure you are adequately covered by your household insurance carrier should a mishap injure a visiting guest. Understand the limitations of your coverage and should you have questions - ask your agent who should be able to answer most of your queries. If you are still uncertain concerning a tricky issue left unanswered by your agent - consult your attorney.

As to the condition of the property, many homeowners take a laid back approach - "what you see is what you get". And that is fine as far as it goes, but a look at the New Jersey law concerning social guests may sound a few warning bells.

A trick or treater is a "social guest" as defined by the law, and as such, must accept the premises as they find them, meaning that a homeowner is under no obligation to make the property safer for a guest than for themselves.

Now - here comes the 'however'...

However, should the owner be aware of an issue that might compromise a guest's safety and the guest could not reasonably be expected to be aware of the problem; the owner could be held liable should an injury occur.

Consider that loose step you constantly avoid thinking to yourself, "I've go to fix that", every time you ascend the stairs. It could be a potential lawsuit.

Whereas our close friends may not bring suit as a result of a slip on an icy walk sustained at our annual holiday season party; an irate parent will, should their child be injured during a Halloween visit.

Be observant as to the condition of your property and adequately repair any potential problems in order to minimize your liability.

Ensure the property is properly lit and tidy. A well lit house is safer and less of a target for vandals. And it's probably time to bring in the garden tools strewn around the yard anyway!

Secure potentially dangerous animals.

Make certain walkways are clear and free of snow and ice should the weather require.

Trees can be magnets for playful children - make sure any loose or broken limbs are taken care of.

A yard gym set is also a child's delight - ensure it is safe and in good repair.

Lastly, cover your bases by putting up signs warning of potential problems which cannot be repaired - a good idea any time of the year.

A little diligence and care will ensure a safe and litigation-free Halloween.

If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com We answer legal questions on a daily basis and would be happy to discuss any issues or questions that you have with you.  Offices in: New Jersey New York, Colorado & Puerto Rico.  Affiliated throughout the country.

© 2014, Law Offices of Peter J. Lamont. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Thursday, October 23, 2014

UTLRadio: Understanding Business Interview with Capt. Lee from Bravo's Below Deck Part 1 Available NOW!


Download today's episode: Part One of a Two Part interview about leadership and management with Captain Lee Rosbach, star of Bravo's hit show, Below Deck. 

In this episode Peter Lamont, Esq. and Captain Lee discuss how events in the Captain's past shaped him into the strong, effective leader that he is today.  

Stay tuned for Part Two of the interview. 

For more information about the show, visit UTLRadio.com


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