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.

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Tuesday, March 31, 2015

Business & Legal Q&A LIVE 3/31/15



UTLRadio.com Host and Business Attorney Peter Lamont answers listeners' legal and business questions live! Today's questions include:

-My attorney wants me to settle? Is he giving up on me?

-I received a bad review online. What can I do? 

If you would like to ask a legal or business question and have it answered on the air please go to http://www.understandingthelawradio.c... and record yoru question. If your question is answered on air you will recieve a UTLRadio mug!

Wednesday, March 25, 2015

Commercial Landowner Liability: A Good Example

In this video, Peter Lamont, a NJ Business Attorney & Host of UTLRadio.com, shows how one commercial landowner properly identified a dangerous condition on his property and took reasonable steps to protect people from injury. For more information go to www.peterlamontesq.com or www.utlradio.com



Tuesday, March 24, 2015

Do You Have to Pay an Employee who Attends a Skype Meeting from Home?

By: Peter J. Lamont, Esq.

In an effort to accommodate employees' schedules and sometimes in an attempt to reduce overhead and payroll, employers turn to video conferencing through services like Skype.  If an employee is home and your company requires her to attend a brief 10 minute Skype call does the company have to pay her for her time, even though she is not in the office?

The answer is YES!  If an employee attends a meeting via Skype (or another online video conferencing service) the employer must pay the employee for at least the time they spend on the online call/conference.  In fact, some states require that an employee get paid a minimum amount of time for activities such as online conferences.Whether you have to pay for a minimum amount of time is controlled by the individual states’ reporting pay laws.

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 Offices in: New Jersey New York, Colorado & Puerto Rico and affiliated offices throughout the country.

© 2010-2015, 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.


Friday, March 20, 2015

Commercial Landowner Sidewalk Paver Liability - What Could He Have Done?





In this video, Peter Lamont, a NJ Business Attorney & Host of UTLRadio.com, explains how a commerical landowner allowed a dangerous condition to exist on his property and what he could have done to reduce or eliminate his liability. For more information go to www.peterlamontesq.com or www.utlradio.com

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Tuesday, March 17, 2015

Legal & Business Q&A LIVE 3/17/15

Streamed live on Mar 17, 2015
UTLRadio.com Host and Business Attorney Peter Lamont answers listeners' legal and business questions live! Today's questions include:

1.) What can happens if you are sued for money that you may owe someone? Can you go to jail if your don't pay? What are the other penalities for non-payment?

2.) A customer of mine posted a negative reivew online. He didn't say anythign offensive about the business, just complianed about service and the staff's attitude. What are my options and how shoudl I handel this?
If you would like to ask a legal or business question and have it answered on the air please go to http://www.understandingthelawradio.c... and record yoru question. If your question is answered on air you will recieve a UTLRadio mug!


Getting a Small Business’s Finances Back on Track without Bankruptcy


By: Peter J. Lamont, Esq.

If your small business is struggling financially, the thought of declaring bankruptcy may have crossed your mind, at least in passing. In some cases, bankruptcy may be necessary, but you should view it more as a last resort, not a first choice.

Though there are some exceptions, most small businesses that attempt to reorganize in Chapter 11 bankruptcy never manage to turn things around enough so that they are able to both satisfy their creditors and emerge as a going concern. Liquidating your partnership or corporation with a Chapter 7 filing will end your business, but could leave it much harder for you to make a new beginning. Besides the impact a business bankruptcy could have on your future business plans, if you’re personally liable for any business debts, this could carry over into your non-business life.

So, before settling on bankruptcy, it makes sense to explore any other options you may have for getting your business back on a solid footing. Fortunately, you may have more options that you realize. Consider these alternative steps.

Manage Your Finances Better. First, sharpen your pencil. Next, starting with the biggest items, take a close look at your business patterns of spending and income. Look for outlays to cut or eliminate (then prioritize expense items left on your list), and ways to accelerate or increase income.

Any efficiency-booster appropriate to your business is fair game for this review: promoting quicker payments by your customers, speeding inventory turnover, increasing transaction revenues or reducing their cost – the more operating profit your business can produce, the less deficit or debt you’ll have to worry about.

Raise Cash by Selling Assets or Finding Investors. If you have little-used equipment or supplies or slow-moving merchandise, figure out what it could bring if you sold it off. Especially if you have major creditors in fields related to your business, are there any that might be interested in acquiring a share in yours in exchange for new funds or debt forgiveness? A new junior partner today might even turn out to be an exit strategy down the road.

Talk with Your Creditors. You don’t have to be Monty Hall to know sometimes it makes sense to propose making a deal. You may be able to negotiate a settlement for a lump sum below what you actually owe, or set up a payment plan that gives you more time to pay. Similarly, you may be able to work out a modification of business-related leases, loans and mortgages. If you lack the skills or confidence to handle negotiations yourself, there are law firms and service groups with experience working out this type of arrangement.


Be aware that there are many potential legal and business issues that will need to be considered – and while scams are not as prevalent in the area of business debt settlements as in their consumer counterpart, they are not totally unknown. So make sure you have a qualified advisor if you go down this avenue. In fact, having a capable, experienced business attorney on your team as you look for ways to get your business back in the black is a very good idea, no matter how you decide to approach it.

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 Offices in: New Jersey New York, Colorado & Puerto Rico and affiliated offices throughout the country.

© 2010-2015, 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.

Friday, March 13, 2015

Dealing with Personal Debt without Filing for Bankruptcy

By: Peter J. Lamont, Esq.

If you find yourself in a financial crunch, filing for bankruptcy may seem like the only way to escape your situation. If some cases, that may be true, but you should consider all your options. So don’t overlook the many other steps you may be able to take short of filing a Chapter 7 or 13 bankruptcy petition, which will stay on your record for 10 years and make it much more difficult for you to obtain credit in the future.

Bankruptcy alternatives include: putting your finances on a better managed, more sustainable basis; negotiating work-out plans with your creditors; using credit counseling or debt-relief services; or consolidating debts into a mortgage. None of these options are pain-free or automatic (caution is especially needed if you’re thinking of using a debt-relief service), but – depending on your financial situation and prospects, your management abilities, and the nature and amount of your debt load – one or more of those options may be a better way to get back on your feet.

Self-Help: Your initial step should be a realistic appraisal of where you stand, in terms of income, fixed and variable expenses, and the reasons and amount of debt you’re facing. Then re-check your budget (or make one, if you haven’t already done so), to find areas where you can generate additional income or make spending cutbacks.

Negotiate with Creditors: If you’re having trouble paying your bills, you might consider getting in touch with your largest creditors, to tell them of your situation and try to negotiate a payment plan giving you more time or waiving some fees. The time to try this is before the creditor has written off your account and turned it over to debt collectors, or started foreclosure or repossession. Those steps impose costs on creditors that a work-out lets them avoid, if they think you are leveling with them and, with a little breathing room, you can make good on your debts.

Debt Relief/Credit Counseling Services: Reputable consumer credit counselors can help you find ways to manage or reduce your debt, and such services may be available through such sources as local non-profit groups, colleges, credit unions, or military, housing or agricultural government agencies. Check carefully on their credentials before working with any credit counseling group, and be aware just because a group describes itself as non-profit doesn’t automatically make it trustworthy.
Debt-relief service firms can act as intermediaries in negotiating with creditors. Unfortunately, extravagant but undelivered promises and outright scams are not uncommon, and have drawn the attention of consumer protection agencies and state attorneys general (good sources for checking on complaints and enforcement actions).

Debt-relief services in some cases can negotiate payment or settlement plans creditors. They frequently recommend that clients join a debt management plan, which requires the debtor to make regular deposits over multiple years into an escrow-like account, which the firm uses to make payments if it’s able to negotiate a payment plans with creditors. Such plans can work, but many who enroll find themselves unable to keep up with payments, or creditors unwilling to deal.

Before considering participating in such as a plan, make sure you understand all details (including what may be heavy fees), get them in writing, and be very wary of any debt-relief service firm that doesn’t fully explain plan risks, wants upfront fees, or “guarantees” it will be able to reduce your debt or stop lawsuits or debt collection actions.


Debt Consolidation:  A possible option for a hard-pressed debtor might be tapping home equity through a second mortgage or home-equity line. The advantage: a new source of funds to pay troublesome debts. The corresponding disadvantages: the added costs, and the risk late or missed payments on these consolidated debts could mean losing your home.

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 Offices in: New Jersey New York, Colorado & Puerto Rico and affiliated offices throughout the country.

© 2010-2015, 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.

Sunday, March 8, 2015

Understanding the Law: Business & Legal Week in Review Tomorrow @ 9:00 am

UTLRadio.com: Business & Legal Week in Review 

March 9, 2015

Monday's show will start at 9:00 am est. You can listen to the show by clicking here.  The show is hosted by Peter Lamont. For more information about UTLRadio pleasse visit www.utlradio.com.  On this episode we discuss:
  • Ohio parents sue Amazon over teen son’s death from caffeine overdose 
  • Planet Fitness revokes woman's membership after transgender complaint 
  • Ferguson police report: Most shocking parts 
  • Michael Brown's family to file civil lawsuit 'shortly,' attorney says 
  • Deliberations resume in lawsuit alleging hit song 'Blurred Lines' copied Marvin Gaye music 
  • Guess Which Musicians Filed a Lawsuit Against the Maker of ‘Haulin’ Oats’ Granola? 
  • Bucs cheerleaders win $825K lawsuit
  • Bear Arms, not Stun Guns, MA Court Says 
  • Prostitution Ban Called Unconstitutional 
  • Man Burned While Praying Over Sizzling Fajitas Can't Sue Applebee's 
Understanding the Law: Week in Review  is a weekly radio broadcast discussing recent legal and business news and topics.  As always, we welcome calls from our listeners. If you wish to discuss any of today's topics please call our switchboard at (347) 855-8831. Please note that this broadcast does not constitute legal advice and does not create an attorney-client relationship with any of our listeners. 
Thanks to our sponsores including Audible. UTLRadio listeners can visit www.audibletrial.com/utlradio for a FREE audio book!

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