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Schwartz & Ponterio, PLLC
917-338-3879
  • Home
  • Attorneys
    • Matthew F. Schwartz
    • John Ponterio
  • Legal Malpractice
  • Referrals For Legal Malpractice
  • Blog
  • Contact

Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

Schwartz & Ponterio, PLLC Legal Blog

Can use of original content for a review violate your copyright?

On Behalf of Schwartz & Ponterio, PLLC | Aug 2, 2021 | Intellectual Property

When you published a photograph, short story or original song, you have copyright in general protections for that creation. Your copyright means that no one else can reproduce or distribute your original work without your express permission. However, there are certain...

Which materials can and cannot receive copyright?

On Behalf of Schwartz & Ponterio, PLLC | Jul 28, 2021 | Copyright Law

As you establish your brand, you may want to copyright all of your materials. Before you begin filling out your copyright applications, you need to understand what kind of materials are eligible for copyright. The U.S. Copyright Office says that you can copyright a...

What is the benefit of copyright law?

On Behalf of Schwartz & Ponterio, PLLC | Jul 27, 2021 | Copyright Law

Copyright law protects you from people who want to use your work as their own. Aside from the emotional disappointment of knowing someone stole your work, the financial loss when someone takes credit for your ideas can disrupt your success. Knowing the purpose of...

Can sampling in a song be considered copyright infringement?

On Behalf of Schwartz & Ponterio, PLLC | Jul 15, 2021 | Copyright Law

Being an aspiring musician in the New York City area is definitely exciting. In the rap and hip-hop communities, sampling is a very common practice in songs. However, there is a question about whether sampling is actually infringement. Copyright laws are often strict....

Are legal malpractice cases on the rise?

by Schwartz & Ponterio, PLLC | Jul 9, 2021 | Legal Malpractice

Returning to a briefly interrupted trend, it appears that legal malpractice cases did not go up in 2020. In fact, the number of malpractice claims in the U.S. may even have dropped. But that may have more to do with the pandemic than a reduction in alleged misconduct...

What is the importance of scope of representation?

On Behalf of Schwartz & Ponterio, PLLC | Jul 9, 2021 | Legal Malpractice

It is possible in a legal malpractice case for an attorney to use a scope of representation defense. For the person filing the charges against the lawyer, it helps to understand this concept to avoid the use of the defense. The New York State Bar Association explains...

What are the most common legal malpractice cases?

On Behalf of Schwartz & Ponterio, PLLC | Jul 8, 2021 | Legal Malpractice

When it comes to the attorney and client relationship, you rely on your attorney to value and respect it. According to Embroker, when a lawyer does not meet your expected standards, he or she may have committed legal malpractice. Knowing the most common legal...

What are the American Bar Association’s Rules of Professional Conduct?

On Behalf of Schwartz & Ponterio, PLLC | Jun 29, 2021 | Legal Malpractice

If an attorney violates the American Bar Association’s Rules of Professional Conduct, then they could be in breach of their contract with you, their client. The ABA’s rules have been adopted by all states except for California. In New York, attorneys who are...

What is fair use?

On Behalf of Schwartz & Ponterio, PLLC | Jun 25, 2021 | Copyright Law

Sometimes, another person can use your copyrighted work and not commit infringement. This happens when the situation falls under fair use. The U.S. Copyright Office explains fair use is a legal concept allowing the freedom to use copyrighted work without a license...

How do I get a copyright?

On Behalf of Schwartz & Ponterio, PLLC | Jun 23, 2021 | Copyright Law

If you have a creative work, such as a song or a book, you will want to protect it. You do not want someone else to use your work as his or her own. Establishing ownership is incredibly important with such things to protect your interests. The best way to do that is...

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