Case List
VLA | 1 East 53rd Street, 6th Floor | New York, NY 10022
(212) 319-ARTS | www.vlany.org

Updated as of Friday, January 27, 2012, 6:33 PM

To request a case, please click the appropriate case number below to email Eric S. Tam Esq., VLA Staff Attorney, at etam@vlany.org.

Please remember that cases are sometimes unavailable as already on review by another attorney. The caselist marks these cases as "On Review." Occasionally, these cases may return to the list if not placed with the reviewing attorney who has 2 weeks to accept or return the case.

As many VLA cases are placed very quickly, we encourage you to include at least two cases (refer to cases by their five-digit case number) in your case requests. This way, we can get a sense of the type of case you're looking for and can keep this in mind as new cases come into VLA and as cases on review may return to the list for placement.

Who We Serve
VLA serves low income and indigent artists and nonprofit arts and cultural organizations in every imaginable discipline. For example, theater, dance, fashion, the visual arts, performance, music, journalism, crafts, textiles, architecture, film, design, literature, and poetry are only a few of the artistic disciplines we service. Whether artists are looking to start a nonprofit dance company, copyright their manuscript or produce an independent film, VLA is available to assist them. Before cases are placed on this list, VLA meets with the applicant for pro bono services to confirm that they meet VLA’s financial and substantive guidelines. A copy of our financial and substantive qualification guidelines is available upon your request.

Table of Contents

Bankruptcy
Contract
Copyright
Corporate
Defamation
Dispute/Litigation/Negotiation
Employment
For Profit Start Up
Immigration
Nonprofit Start-up
Patent
Real Estate
Real Estate / Landlord/Tenant
Research Memo/Writing Project
Trademark/Patent

Bankruptcy - Back to Top

Music
11984
Client is a member of a jazz music organization in New York, and has done advertising and publicity for the organization since the early 1960s. Client did not file taxes from years 2007-2010. Consequently, the IRS put a lien on his personal bank account. Client seeks assistance removing the lien from his account.

11900 - On Review
Client, a New York resident, received his Bachelor's and Master's degrees in music. Client has had a heart condition since the time he was born, but started to have symptoms in 2008. In July of 2008, Client's heart stopped, and subsequently, he received two surgeries. During this time, he was unable to work and therefore, unable to make payments towards his student loan debts, which amount to over $250,000. Client's loans were in forbearance until 2010. All of his undergraduate loans have been defaulted and he is about to default on most of his graduate loans as well. Client seeks an attorney to determine what next steps he should take to either file bankruptcy or make affordable payments to lower his loan debt.

Visual
12166
Client is a New York-based artist who operates an unincorporated sole proprietorship that offers art services to the community. Due to the recent economic downturn, his business has slowed to a near standstill, and he foresees that he will have trouble meeting his financial obligations in the near future. Client has about $150,000 worth of total indebtedness, which is comprised of two credit lines and credit card debt from his business. Client has not yet defaulted on any of his debt, and is currently able to honor his minimum commitments. However, he is struggling to make such payments, and anticipates that he will need to declare bankruptcy in the near future. Client seeks personal bankruptcy counseling regarding his business and possible advice on initiating a bankruptcy filing.

Contract - Back to Top

Film/TV
12298 - On Review
*** Client is a New York-based actress, author and producer who is a co-producer of a feature film. Client and the other co-producers are seeking to form an LLC for the film. Co-Producer 1 has drafted an LLC operating agreement and Client seeks legal assistance reviewing the agreement to ensure that it uses proper language and format and that her role in the film is properly stated and that her interests are protected.

12278 - On Review
*** Client is a New York-based filmmaker who is in the process of filing for divorce against her husband, Adverse Party. She currently has an order of protection filed against him but there is no formal separation and no divorce proceedings have been initiated. Client and Adverse Party jointly financed a film but without a written agreement specifying the distribution of net proceeds from the film. Client has written agreements with all other parties that have contributed to the making of the film. Adverse Party has proposed a letter agreement in which he has classified his monetary contribution to the film as both an investment and a loan. Client seeks legal counsel to assist her in drafting a counter proposal to present to Adverse Party in which his contribution is classified as either a loan or an investment. Client also wishes to resolve potential disputes arising from the agreement through the VLA mediation service so as to not halt production of the film due to formal legal proceedings.

12224 - On Review
Client is a New York-based director who teamed up with a screenwriter (“Screenwriter”) to develop a script. Client found a producer (“Producer”) to work on the project. Producer has presented Client with a contract to govern the relationship between Client and Producer, specifically concerning a monetary contribution that Producer would like to make to the project. Client would like that contract reviewed and further seeks to draft a contract between Client and Screenwriter.

Mixed
12219
Client is a New York-based media artist who is starting a new art project with of a team of experts; three are collaborators and one is paid by the hour. Client is designing a bracelet with sensors to determine stress levels in people. Client seeks the assistance of an attorney to draft a collaboration agreement and advise her on intellectual property issues. If possible, it would be helpful for Client to have the assistance of an attorney who has knowledge of computer code.

Music
12130 - On Review
Clients are business partners, one is a musician and composer, and the other a film editor. They plan to create an LLC that will publish and license musical compositions to films and other media broadcast entities. The LLC will operate through a website where composers and musicians can submit their music to a catalogue for possible licensing with a media entity. If a media entity wants to use the composition, the LLC will facilitate the licensing and/or commissioning process for a fee. Clients seek assistance in drafting several contracts that will govern the LLC's relationships with other individuals and/or entities they do business with, including: 1) one or more contracts between the LLC and the composers, 2) a licensing and/or commissioning agreement between the LLC and their media clients, and 3) a contract to display music on LLC's website. This case is linked to Case #12129 (in which the clients seek assistance in forming an LLC and drafting an LLC operating agreement).

11859 - On Review
Client is a New- York based musician. Client wrote seven songs that she intended to record as an album. Client contacted Producer to help her produce the album. Client and Producer recorded the songs at Producer's studio. As per an oral agreement, Client paid all of the recording costs and the rent for the studio space. In 2007, the parties signed an agreement whereby Producer would deliver the completed master recordings to Client in exchange for half of the ownership rights. Client and Producer subsequently parted ways, after recording the songs but before the album was completed. Client took all of the master recordings and mixed them on her own. Client is planning to release the album and seeks advice as to Producer's rights to the music.

Visual
12277
*** Client completed a photography project and is considering signing a contract with an agency to represent the project. Client sought assistance with reviewing a contract with the agency. Client further sought assistance with determining whether she might be liable to the manufacturer of the objects she photographed.

Film/TV
12315
*** Client wrote a screenplay, which was registered with the Copyright Office. The screenplay is set in the 1940s. The film will shoot in late summer of 2012. Client seeks to clear photographs that will be in the background of the film and music that will be incorporated in the film.

12131 - On Review
Client is a documentary filmmaker who created an educational documentary about multiracial identity. The film combines personal narratives with social and historical context about mixed-race people in the U.S. Client plans to distribute the film to colleges and universities, festivals, and the home DVD market. Client wants to use footage and newspaper clips that are proprietary to certain parties, and seeks an attorney's assistance reviewing the footage and clips to assess the feasibility o0f using them on a fair use basis.

11988 - On Review
Client is a New York based screenwriter. In 2008, Client created a promotional video and placed it on Youtube. The video contained an original song which Client has registered copyright. In February of 2011, Adverse Party television network aired an episode of a show containing a scene similar to Client's video and with a song similar to Client's song. Client contacted Adverse Party via e-mail and received a response stating that they would look into the issue. Client is seeking compensation for the use of his work. Client is seeking an attorney to negotiate a settlement agreement between Client and Adverse Party.

Literary
12274 - On Review
*** Client is a Florida-based writer who incurred brain damage due to a car accident in the early 2000s and recently suffered a series of strokes that left her severely handicapped. In the early 1990s, Client published a book through a New York-based publishing company (Adverse Party). Client did not receive any royalties from the books that sold and consequently signed an agreement in 1995 with the director of the publishing company which reverted all of the rights to the book and returned all unsold books to the Client. The agreement also stated that Adverse Party would not publish any more copies of the book in the future. Client's grandson recently found that the book was being sold on the internet by Adverse Party, other internet book dealers and her agent's publishing company. Client's grandson also found that her entire book had been uploaded onto the Internet and had been made accessible to the public for free. Client seeks representation to sue for compensation for the unauthorized sale and use of her book and seeks to stop all unauthorized publishing and use of her work.

Music
12193 - On Review
Client is a songwriter based in New York. In 1978 Client co-wrote several rock songs, in which he is registered as the part-owner of the copyright. Client’s songs have been re-released several times over the intervening years. Client has not received any royalties from their sale from either his Co-Writer (who he believes has received royalty payments) or the Record Companies. Though Client signed a contract (with, he believes, the Co-Writer, the Co-Writer's music publishing company and the Record Companies) in 1978 and does not have a copy for reference, he does not believe he signed away his rights in the song and therefore believes he is entitled to royalties from the sale of his records. Client seeks VLA’s help to recover royalties from the Record Companies and/or his Co-Writer, including threatening and pursuing litigation if necessary.

11921 - On Review
Client, a New York resident, is interested in seeking legal advice on copyright violations from using youtube videos on Client's website. Specifically, Client is concerned with what Client can and cannot do pertaining to protecting Client's video concepts. Client seeks an attorney to review the website and draft a disclaimer for the website.

Visual
12221 - On Review
Client is a curator based in New York City. Client and Adverse Party, a former student of Client’s when she worked as an adjunct at a New York-based Arts Institution, began collaborating on a video curatorial project in 2010. The collaboration was successful and was exhibited at a number of institutions, most recently in March 2011. On March 30, 2011, Adverse Party emailed Client to terminate their collaboration on the project, but acknowledged her contribution to the work and invited her to continue working on it. Approximately ten days later, Adverse Party again contacted Client, claimed that he was the sole owner of the copyright in the project and that she was infringing upon his rights, and demanded that Client cease working on the project entirely and cease exhibiting it. Client began a new project, which was based on a similar concept but retained none of the material elements of the original work. Adverse Party claimed that he was the copyright owner in the new project, demanded that Client cease work on the new project, and began to aggressively contact institutions who had agreed to exhibit Client’s new project and made false allegations and claims against Client. Adverse Party’s harassment has led to the postponement of more than one of Client’s exhibitions. She seeks VLA’s help to determine (1) who owns the intellectual property in the project and (2) what steps must be taken to stop Adverse Party’s campaign of harassment before it can further damage her reputation or her career.

Corporate - Back to Top

Film/TV
12244 - On Review
*** Client is a New York City based film student. He writes, directs, and shoots his own films, and works on commission providing services and ideas to other film producers, particularly in fashion. Client wants to form an LLC to write, direct, and produce his films. He seeks assistance forming the LLC, and drafting the operating agreement if possible.

Mixed
12002 - On Review
Client, a 501(c)(3) tax-exempt Non-Profit, was formed in 1999 with a mission of building a senior residence for women and men in the arts. Client seeks the help of an attorney to dissolve the Non-Profit and donate the remaining funds to another 501(c)(3) with a similar mission for elder artists.

Music
12299
*** The sole owner of a well- known Recording Studio in New Jersey has agreed to sell the studio to Clients, who are three employees of the studio. The sale will include the transfer of the studio's intellectual property and real property. Client seeks the assistance of a volunteer attorney to incorporate a three-member LLC and to draft the operating agreement. The members have agreed to a 50/30/20 split of corporate ownership. Although the volunteer attorney who handles the LLC formation is also welcome to handle the intellectual property work (primarily trademark registration) and real estate work, that is not necessary as Client may be placed with separate volunteer lawyers for those concerns. VLA Executive Director Elena M. Paul, Esq. and VLA Director of Legal Services Benjamin J. Brandow, Esq. will remain involved as co-counsel.

12129 - On Review
Clients are business partners, one is a musician and composer, and the other a film editor. They plan to create an LLC that will publish and license musical compositions to films and other media broadcast entities. The LLC will operate through a website where composers and musicians can submit their music to a catalogue for possible licensing with a media entity. If a media entity wants to use the composition, the LLC will facilitate the licensing and/or commissioning process for a fee. Clients seek assistance in forming an LLC and would like advice regarding drafting an operating agreement for the LLC, specifically a corporate dissolution clause, a non-competition clause, how corporate costs will be split, and how the approval of withdrawals and transfers will be made. This case is linked to Case #12130 (in which the Clients seek assistance drafting several contracts that will govern LLC’s relationships with other individuals or entities they do business with).

Theater
12136 - On Review
Client is a New York-based theater director and lighting designer who has recently begun producing plays. These productions focus on the foundation of America, both historical and contemporary; the first play Client produced concerned immigrant experiences. Client wants to create an LLC in connection with this work, and seeks a volunteer's assistance with LLC formation.

Defamation - Back to Top

Literary
12280
*** Client is a New York-based writer/blogger who founded a blogging site in 2005. The organization is not incorporated but is fiscally sponsored by the New York Foundation for the Arts (NYFA), employs other staff members and receives income from advertising on the site. After the release of the movie in 2006, Co-Defendant 1 published an article claiming that the authentication of many works by Adverse Party were not credibly executed, citing Co-Defendant 2 as their source. Co-Defendant 2 asserted that the fingerprints that Adverse Party found on the paintings and which Adverse Party used to authenticate them, were placed on the works by Adverse Party himself. Client read the article and, accepting the sources used by Co- Defendant 1 as reliable, released a post on her blog in 2010 that quoted and relayed a large portion of the information from the article. Client republished the post in Spring 2011 and the post is still currently on her website. In Fall 2011, Client received an email from Adverse Party which categorized Client's post as both false and defamatory and demanded the immediate removal of the post from her site. Client had not received any correspondence from Adverse Party's attorneys at that time. Client further asserted that if the authentication by Adverse Party had any merit, then the issue concerning the authentication of the pieces would have been revisited by the Authentication Board, which it was not. For this reason and for the reason that Co-Defendant 2 has not been discredited, Client has not removed the post from her site. In Winter 2011, Client read in the press that she was being named as a co-defendant in a suit for libel filed by Adverse Party. She later received the formal complaint and waiver of the service of summons at which time she contacted VLA for legal assistance. Client is awaiting legal representation before responding to Adverse Party. Client seeks legal advice on how to respond to the complaint and summons and also on what information would be prudent to release publicly. Client further seeks VLA's assistance with acquiring legal representation for the case.

Dispute/Litigation/Negotiation - Back to Top

Film/TV
12294
*** Client is a New York not-for- profit organization that publishes works by authors and produces films about heritage and culture. Adverse Party is a museum devoted to documenting an historic event. In 1989, Client produced an award-winning film about this event. The film is regularly licensed to institutions and other organizations for screenings. In January 2011, Adverse Party began daily showings of this film without first obtaining a license. In October 2011, after learning of the unauthorized screenings from a third party, Client contacted Adverse Party to demand that it cease its infringing use of the film and to request compensation for the unauthorized screenings that had already occurred. The parties attempted to come to a settlement agreement, but were unsuccessful. Client now seeks legal representation to pursue an action for copyright infringement against Adverse Party.

12275
*** Client is a New York based independent film screenwriter and director. In 2005, Client wrote a screenplay, which he registered with the Copyright Office and Writers Guild of America. Client negotiated into several agreements with a New York based production company (Adverse Producers); the agreements appear to assign copyright of the screenplay in exchange for a share of a newly-formed LLC, although he was never given the opportunity to execute the relevant documents, as the production attorney (Adverse Attorney) represented that the contracts were “in escrow” pending the confirmation of project financing. In order to enable further work on the film, Client entered into an agreement providing Adverse Producers an option to license the screenplay, which expired without being exercised in Spring 2009. In Winter 2009, a crew, including Client, began shooting the film in New Orleans, but the relationship between Client and Adverse Producers and his team collapsed by early 2010 and Client was essentially removed from his own film by Adverse Producers' personnel. Soon after, Client discovered, when he attempted to update his copyright registration, that Adverse Producers and Adverse Attorney had filed their own copyright registration over the work in Spring 2007. Client later discovered that their claim over the work appears to be based on a fraudulently executed Operating Agreement for the production’s LLC—the Operating Agreement appears to be signed by a former employee of Client’s production company who worked only briefly on the film and whom Client never gave such signing authority. In Spring 2011, one of the screenplay's investors (Adverse Investor) sued Adverse Producers, the production’s LLC, and members of Adverse Producers' screenplay production team alleging, among other things, that they had made fraudulent misrepresentations concerning the financing and ownership, and had wrongly used significant portions of the funds and tax credits that were supposed to support the screenplay for other unrelated film projects. Adverse Investor won a default judgment and then obtained a settlement in Summer 2011 that gave him ownership of the screenplay. Client seeks to obtain a binding acknowledgment or declaration that he is the true sole owner of the screenplay and to re-establish control over the film that has been made based on his screenplay and/or appropriate compensation for its use. He also seeks, if possible, compensation from Adverse Producers, Adverse Attorney, and others for wrongs and misrepresentations they have committed against him during the course of their work on the screenplay.

12168
Client is a New York-based writer and student who was approached by the Author of an autobiography. The Author and a Film Studio were in talks to adapt the book into a screenplay. Client was asked to write the screenplay by the Author (after someone else had done a poor job). Studio informed Client that they had not secured the book rights, but wanted a complete script from him before proceeding. Client agreed. No contracts were signed, and the Author and Studio intimated that payment was to be decided later, after the script was completed. Client wrote the screenplay to specifications and registered it with the Writer’s Guild. Relations between the three parties deteriorated. The Studio wishes Client to sort out the rights with the Author before they will accept the script; the Author wants the script and wants the Studio to pay the Client. The Client wishes to be paid by Author for work already completed and as a best case scenario salvage the relationship with the Author so the project can continue. Client seeks the assistance of an attorney in negotiating with Author (and possibly Studio) in order to receive payment for his services rendered. Additionally, if the relationship with Author can continue he seeks to draft a contract to define their relationship retroactively.

12038 - On Review
Client is a New York based photographer and filmmaker. Client began working with Adverse Party in November 2010 on a film about underground boxing in New York. Client and Adverse Party never signed a written contract, but they verbally agreed to be partners in the film production and there are emails to that effect. Client shot all the film footage for use in the trailer and to use to shop around to networks. Adverse Party signed a deal with an agency to develop the project into a reality television show. Adverse Party shut Client out of these deal negotiations but is using all of Client's footage. Client seeks the assistance of an attorney to negotiate with Adverse Party to compensate Client for work done, or bring her into this new deal.

11782
Client is the co-owner of the copyright of a film he made. Money is owed to him from past agreements and he seeks the assistance of an attorney to help recoup some of these profits owed to him. Client is also looking to establish trademark rights in the online distribution of his film.

Literary
12034
Client is a performance poet who partnered with Adverse Party in 2008 to launch a publishing company. Since its incorporation, the company has published four anthologies of poetry. Client incorporated the company under her name but has worked with Adverse Party in a partnership, although no agreement was ever signed. In 2010, the relationship started to dissolve. Adverse Party has begun to hold herself out as the sole owner of the company and Client has been blocked from entering the accounts and website. Client has thought about dissolving the company. Following Client's unsuccessful attempt to persuade Adverse Party to enter mediation, Adverse attorney proposed a settlement offer that Client found unacceptable. Client seeks the assistance of an attorney to help determine what her options are and to help end this relationship with Adverse Party and possibly negotiate a settlement. Client and Adverse Party continue to work together on releasing an anthology and planning a joint performance tour, although their personal relationship is highly strained.

Mixed
11945 - On Review
Client is a New York based non-profit organization, which is a home for groundbreaking works of music and theater. Client organization was founded in 1980 by a well-known poet and writer (Adverse Party 1). Adverse Party 1 was previously a board member with the organization, but since May 2011, Adverse Party 1 is no longer a voting board member. Adverse Party 1 has recently been featured as the subject of a documentary that attempts to chronicle Adverse Party 1's allegedly deteriorating relationship with Client. Documentary is available for viewing on an internet website. Client believes the documentary is produced by another individual (Adverse Party 2). Adverse Party 2 has sued Client several times in the past. Client seeks a pro bono attorney to advise Client on any potential defamatory content the documentary may currently contain or which may be produced in the future.

Music
11885
Client is a musician who created albums under two Adverse Party record labels. Client seeks assistance collecting royalty payments owed to him from both labels. Client is ill and is being represented by his sister, who has power of attorney.

11816
Client and her husband write and produce music together. Client has been working with Adverse Party for the past two years as an independent contractor. Adverse Party is a music producer who, according to Client, owns a twenty percent stake in an LLC owned by a very prominent pop recording-artist and her father. Client and Adverse Party had a series of draft contracts that they exchanged through email, but were never fully executed. These contracts indicated, among other things, that Client would receive fifty percent of producer fees, producer royalties and publishing royalties for the collaborated songs. According to Client, Adverse Party agreed on the phone to use three tracks on the recording artist's next album. Adverse Party sued Client in New Jersey, claiming that Client violated a confidentiality and non- disclosure provision by releasing the three tracks online. Client seeks an attorney to represent her in this dispute. Client has filed an answer and counter-claim pro se and is seeking representation in court, including in a tentatively scheduled court-mandated mediation on December 20, 2011.

Theater
12222 - On Review
Client is a New York-based artist who is owed money for work she did for Adverse Party, a producer. Client states that she did more than 300 hours of work for Adverse Party and is owed about $15,000 but has only been paid $500. Client states that she has e-mail correspondence with Adverse Party stating that her fee would be $50 per hour. Client seeks the assistance of an attorney to help her negotiate with Adverse Party or to pursue legal action against him, if necessary, to obtain the money she is owed for services rendered.

11974
Client is a Harlem-based playwright who writes plays through an unincorporated theatre organization. Over six years ago, Client gave six plays that she had written to an individual associated with a theater production company and an individual associated with a fashion organization. Both individuals still have copies of Client's plays but Client has not been able to contact either individual since that time. Client seeks the assistance of an attorney to retrieve the plays from the individuals.

Visual
12240
Client is a graphic designer and visual artist who was employed by a design/marketing consulting firm (Adverse Party) from 2005 to November 2011. After a personal dispute with the Founder, Client was fired. He is owed significant back wages, with a written and signed agreement from the Founder to pay $24,000 before 1/1/11. After his termination, Client was not allowed to retrieve his personal property from the office. Further, AP burned some of Client's property. Eventually some of Client's personal property was returned, after the boxes had been filled with cat litter. Client's valuable original paintings (which he has photographs of them at the studio and receipts showing similar paintings in that series' sale price) were never returned. Client's email account was accessed and used to send defamatory emails, appearing to originate from Client. These included sexually explicit emails to Client's girlfriend, inappropriate emails to his current work colleagues, and physically threatening/racist Facebook messages. Client traced the IP address of these messages, which indicate that it was the Founder using his work computer. Additionally, the Founder has accused Client of stolen assets and threatened him personally (which Client recorded). Client wishes to meet with a volunteer litigator to assess the strength of claims against his former employer/partner. Further, he wishes to pursue litigation for damages related to the defamation, to regain his remaining property/paintings, and to be paid his back compensation. He has significant records, including five years of emails, bank statements and copies of the defamatory communications

12119 - On Review
Client is a painter who has previously exhibited works with the adverse gallery (“Gallery”). At no point during their relationship did the parties enter into a written agreement. Gallery had previously hosted two exhibitions of Client’s work and agreed with Client on a third exhibition date. In preparation for the third exhibition, Client brought a substantial number of works to Gallery. Gallery subsequently proposed a revised exhibition start date, which Client did not accept. Gallery then suggested that Client retrieve her work from Gallery. Client retrieved the works that she had brought specifically for the exhibition, but was unable to recover a different set of works that Client had left with Gallery between exhibitions (“Works”). Gallery presently holds the Works and will only return them to Client after being compensated for Gallery’s expenses relating to the Works.

12108 - On Review
Client is having a dispute with Adverse Party regarding unpaid fees and unreimbursed out of pocket expenses for Client’s work as a project manager for Adverse Party. Client was originally hired to redesign the interior of Adverse Party's restaurant, as well as to act as project manager. Client and Adverse Party had an oral agreement (no signed contract) under which Adverse Party was to pay Client a weekly fee for Client’s work as the project manager for renovations and redesign work at Adverse Party’s restaurant, and whereby Adverse Party was to reimburse Client for all expenses incurred by Client related to Client’s work as project manager (e.g., payments to sub contractor). Client claims that Client is owed a substantial amount of money by Adverse Party. Adverse Party claims to owe Client much less money. Client seeks an attorney to help her resolve this dispute and to help her collect the money she is owed.

12094 - On Review
Client is the sole owner of a for-profit company operating an art gallery, occupying space leased from Adverse Party since 2008. Client alleges that landlord has failed to repair the roof of the space, and that as a result, there has been water damage to some of the art in the gallery. Client is also concerned that Adverse Party has not produced a Certificate of Occupancy, despite repeated assurances that it is forthcoming. Client has withheld rent since April, 2011, and believes that Adverse Party will sue him to recover that rent. Despite efforts to resolve the issue amicably, Client wants to recover the value of the damage and the lost business from Adverse Party that has resulted from failure to repair the roof and seeks assistance from a volunteer to sue Adverse Party in Supreme Court.

12081
Client is a painter based in New York. In 2005, Client entered into a consignment agreement for an exhibition. In 2005, a representative ("Representative") from the exhibition suggested that Client send Client's paintings to an art gallery ("Gallery") in Florida for representation and exhibitions. Client agreed to this and signed a written agreement with Gallery in 2006 for exhibitions and representation. In 2010, Client requested that Representative and Gallery return Client's works or compensate Client for any works sold. Client alleges Gallery returned all but four paintings. Client asked an attorney to send Representative and Gallery a letter requesting return of Client's works. Both Representative and Gallery have been unresponsive to this letter. Client cannot afford to retain an attorney. Client needs assistance from an attorney to retrieve Client's paintings and/or seek compensation for any works sold.

12032
Client, a photographer, worked as an independent contractor for a photography studio ("Adverse Party") during 2009 and 2010. Client had email agreements with Adverse Party, but no signed formal contract, clearly stating that Adverse Party had engaged Client's services and would pay Client 50% of all fees earned by Adverse Party on shoots by Client. Adverse Party has not paid client for almost $17,000 of work ($16, 914 as of March 23, 2011), saying only that Adverse Party could not afford to pay Client in full. Adverse Party occasionally asked Client to submit invoices for payment, and Client concedes that he did not promptly submit such invoices, but Adverse Party never said in writing or verbally that payment to client was contingent on receipt of invoices, and Client wants his past-due payment. Client did email Adverse Party detailed descriptions of his services and the amount of money owed to him on three separate occasions on July 16, 2010, December 7, 2010 and February 7, 2011. The February 7th email included invoices and a full accounting of non-payments by Adverse Party. On April 20, 2011, Client and Adverse Party agreed to a two-year payment plan at a high interest rate due to Client at the end of the two-year period. Client has only received $1,400 thus far instead of the $2,800 due to him. Adverse Party has also not paid Client for more-recently completed work. Nevertheless, Client is still working for Adverse Party as Client wants continued work and still hopes Adverse Party will pay him in full. Client does not feel mediation will be productive given his lack of trust in Adverse Party at this point. While Client would prefer not to sue Adverse Party unless absolutely necessary, Client seeks the assistance of a volunteer attorney to help him devise a plan of action and to represent him against Adverse Party, including in litigation if necessary.

11918 - On Review
Client, a visual artists who resides in New York, has been working with a gallery (Adverse Party) for over 20 years. She has put many pieces of her artwork on consignment with Adverse Party and has consistently had a mutually beneficial relationship with both the gallery owner and the gallery. After the gallery owner's death the gallery temporarily closed. Client has three consignment forms in her possession for her work that the gallery still has. She claims that the gallery has other pieces in their possession as well. Client seeks an attorney to assist her in retrieving all of her artwork that has not been sold to either the gallery, or to a gallery customer.

11910 - On Review
Client, a theatrical lighting designer, was hired by a lighting design firm as an independent contractor. Client states that he provided Adverse Party ("AP") with his hourly rate of $60, and a project cap of $45,000, up front at the beginning of the project. AP is now failing to provide Client with payments for his work and alleges that they do not owe Client the amount that he has billed them for. Client seeks an attorney to assist him in receiving the total amount he is still owed by the firm for the lighting design project, or reach a settlement agreement and payment plan with them.

Dispute/Litigation/Negotiation/Bankruptcy - Back to Top

Visual
12164 - On Review
Client is a New York-based visual artist. Client signed a consignment and sale of artwork agreement with adverse party, an art gallery. Client found out through the internet that the adverse party had been selling her work without the Client's knowledge. The adverse party is slowly repaying its debt to the Client but there is evidence of the adverse party's insolvency. Client believes that in total the adverse party owes her approximately $20,000. Client is ultimately worried that the adverse party will declare bankruptcy and that her art work which is now in the possession of the adverse party might be taken by the trustee in bankruptcy and then sold to satisfy other creditors. Client is looking for an attorney to assist her in recovering her consignment fees from the adverse party, while ensuring that she does not lose her artwork if the adverse party files for bankruptcy.

Employment - Back to Top

Dance
12246 - On Review
*** Client is a Delaware non-profit corporation based in New York. The Client is in the process of applying for 501(c)(3) status with assistance of pro bono counsel and Stroock and VLA's Executive Director. Its mission is to promote new and innovative ballet productions by commissioning choreographers and hiring dancers to stage unique dance performances. These performances are produced by Client. The current programming involves the Client's artistic directors pulling dancers, musicians, and choreographers from other companies for its performances/events. Client recently produced its first performance at a theater in New York. Client seeks an attorney to provide general guidance as to the proper classification of the artists, dancers, choreographers, and musicians that it envisions working with to create content and perform in its productions. It's envisioned that Client will need assistance with preparing an agreement that will be used to confirm the relationship between Client and choreographers as well as possibly the other artists who will help create and perform in the organization's productions.

12106
The main male dancer in an interactive theater experience where audience members are masked and wander around many various tableaus was terminated two weeks after a masked and anonymous audience member groped the dancer’s buttocks and then continued to grope him. The dancer grabbed the audience member by the collar and pushed him two feet away. The audience member quickly left, and the dancer continued with the scene. The show included stewards intended to help the audience and cast members. None of the stewards stepped into aid the dancer. The production’s usual protocol for dealing unruly audience members was to unmask them and call a steward, however there was no specific protocol in place for dealing with sexual harassment. The dancer was impeded from unmasking the audience member by his satyr mask as well as the audience member fleeing. None of the producers questioned him about the incident. Two weeks after this incident, the dancer was terminated the week of September 8 citing three specific instances of misconduct citing the dancer putting the masked and anonymous audience member in a chokehold. The production offered to pay him for the rest of the week and for his vacation week. The dancer disagreed with the versions of events on his termination release, and refused to sign three different terminations releases proffered by the production. The dancer would like to be paid for the rest of his original contract (approximately $10,000), which terminated on December 4. The term of the original contract was for 26 weeks stating that the dancer would be paid $840 per week and included worker’s compensation in case of injury as well as an arbitration clause for arbitration in New York before any dispute went to court. Additionally, the dancer had intended to re-sign for an additional 26 week term when the original contract expired in December. The production was the dancer’s sole source of income while he was under contract. Even though the employment contract was at-will, the dancer claims a breach of production policy and additionally that the show owed him a duty of protection.

Literary
12145
Client is an Architectural Essayist/Critic ("Critic"), who was hired on a freelance basis by a university in New York City to create an architectural journal prior to 2007. She continued to do this on a freelance basis for a few years. In or prior to 2007, her position became permanent and she became a member of the university employee's union and was subject to their collective bargaining contract. During the summer of 2007, the new Interim Director of the college prohibited the Critic from doing research for the journal outside of the university and her office for the journal. She was specifically told not to leave her chair. The Interim Director also confined her graphic design staff to only working via computer, as well as telling them not to cooperate with her. The Critic was denied access to phone and email in her office. She continued to do research outside the office in her spare time. The final issue of the journal that the Critic worked on was printed during the summer of 2007 but never distributed. The Critic was dismissed by HR thereafter with no reason stated and no severance. She previously worked with a labor attorney, but he told her he could not represent her in litigation. The Critic filed a timely formal grievance to begin arbitration as required by her union contract, but has not gone to arbitration.

For Profit Start Up - Back to Top

Film/TV
12314
*** Client wrote a screenplay, which was registered with the Copyright Office. The screenplay is set in the 1940s. The film will shoot in late summer of 2012. Client seeks to form an LLC for his production services.

Immigration - Back to Top

Music
12194 - On Review
Client is a foreign New York-based musician and composer who seeks an O-1B visa on the basis of extraordinary musical ability. Client presently resides in the United States on an Occupational Practical Training (OPT) extension of an F-1 visa. Client's original F-1 was granted on the basis of Client's term of study, during which Client received a Master's in Music Performance. Client's OPT extension expires on February 1, 2012. Client presently works as a composer, performer, and teacher with a handful of local organizations. Client's petitioner has offered Client future work composing and arranging musical pieces.

Visual
12072
Client is an artist with an architectural background. Client currently owns and operates an architectural tour company in New York. Client has a 0-1 Visa that is due to expire in July 2014. Client seeks an attorney to assist with Client’s I-551 application for permanent residence in the United States.

Nonprofit Start-up - Back to Top

Dance
12142 - On Review
Client has been operating a non-profit/dance company since incorporation in 2003. The organization focused on traditional ballet and dance performances. Client, who is one of the three Directors on the Board of Directors as well as the choreographer, has recently found her art moving in a different direction. Client seeks to change her organization to reflect the new direction she wants to take the company, so that no audience-member or potential funder would be "put-off" by the kinds of performance she plans to produce. Client plans to expand beyond merely ballet into more general dance, theater and perhaps performance art, and does not want the image/brand association of "ballet company" if that is not what the company is really doing. Client seeks to change the name of her non-profit organization, adapt the mission statement, and obtain general advice as to whatever other requirements may arise in the process of re-aligning her organization in this new direction. Client also has a separate issue regarding a potential contract review. She has been hiring dancers and technical support staff (lighting, sound, etc) for her performances and asks them to sign independent contractor agreements. Client wishes to have these reviewed for legality or possible problems. Client also seeks advice regarding the allocation of intellectual property rights over the choreography an creation of her dance/theater performances. Currently, the three member board has informally agreed that both Client herself and the non-profit will share equally in the IP of the performances created. Client wishes to draft a license to formalize this understanding, so that in the future she can still perform her work in other contexts if she leaves the organization.

12115 - On Review
Client has been operating a non-profit ballet/dance company since incorporation in 2003. The organization focused on traditional ballet and dance performances. Recently client, who is one of the three Directors on the Board of Directors as well as the choreographer, has found her art moving in a different direction. Client's seeks to change her organization to reflect the new direction she wants to take the company, so that no audience-member or potential funder would be "put off" by the kinds of performances she plans to produce. Client plans on expand beyond merely ballet into more general dance, theater and perhaps performance art, and does not want the image/brand association of "ballet company," if that is not what the company is really involved in. Client seeks to change the name of her non-profit organization, adapt the mission statement, and obtain general advice as to whatever other requirements may come up in the process re-aligning her organization in this new direction. Client also has a separate issue regarding potential contract review. She has been hiring dancers and technical support staff (lighting, sound, etc) for her performances and asks them to sign independent contractor agreements. Wishes to have them reviewed for legality or possible problems. Client also wishes advice regarding the allocation of intellectual property rights over the choreography and creation of her dance/theater performances. Currently the three-member board has informally agreed that both will share equally in the IP of the performances created. She wishes to draft a "joint license" to formalize this understanding, so that in the future she can still perform her work in other contexts if she leaves the organization.

Mixed
12257 - On Review
*** Client is an organization developed to provide children, teens, and young adults on the autism spectrum and other developmental disabilities equal access to arts and cultural programming at museums, cultural and performance centers, and schools. It achieves this goal by developing education programs, offering training series, informational seminars, and staff development at schools, museums, and cultural institutions to meet the demands of the growing population of children, teens, and young adults with autism and special needs. Client is in the process of partnering with a school and Adverse Party for a pilot program for children with autism and special needs. Adverse Party is writing the curriculum for review by Client. The curriculum will use Client's methodology, which it plans to register with the U.S. Copyright Office. Client seeks an attorney to help define a collaboration or licensing agreement with Adverse Party that will protect Client's work for future sales and marketing to other organizations without competition from Adverse Party.

Theater
12313
*** Client seeks a volunteer attorney to assist with a non-profit theater start-up. The start-up will need to be incorporated and registered for federal and state tax exemption.

12256 - On Review
*** Client is a non- profit organization incorporated in 2002. Its mission is to stimulate public interest in drama and theater by presenting dramatic performances, developing amateur dramatic talent to write and perform plays under the organization's sponsorship. Client seeks an attorney to help change its name and review its bylaws, specifically with regard to the sections concerning its membership and board appointments.

Visual
12252 - On Review
*** Client seeks advice and assistance with forming a non-profit arts organization which aims to create an arts residency program, promote individual artists, and connect artists, galleries, museums and art schools through arts festivals. The organization also hopes to create more opportunity for Asian contemporary arts and to promote individual Asian artists. Client is expecting to receive funding for the organization and has already submitted a proposal to receive such funding.

Patent - Back to Top

Visual
12230
Client is a New York-based artist who has built a unique “live painting” device – which takes input from the user and translates it into live illustration and/or painting, and then animates it. It is a tablet which contains a computer with a video card, which is manipulated like an iPad or other tablet device. The device has many potential applications, both digital and commercial. Client is looking for a volunteer patent attorney to assist him in applying for a patent to cover this device. He is currently working on filing a provisional patent application in order to secure time to complete his filing with the help of an attorney. He wishes to eventually introduce this device to the marketplace through his work in live art and potentially brand advertising, and he wishes to protect it in the interim.

Real Estate - Back to Top

Music
12216 - On Review
Client is a musician and composer based in New York who currently lives with two other family members. Client utilizes Client's his place of residency as a work studio. There is a reverse mortgage on the home and Adverse Party has informed Client that it will be foreclosing on the property. Client seeks an attorney to assist in determining the legal remedies against foreclosure of the home.

Visual
12117
Client is a visual artist whose work investigates the legal structure of real property and its relationship to culture and gentrification. Client wishes to acquire a volume of air above a building slated for redevelopment and designate it a positive easement, removing it from private ownership and placing it in public ownership as a public sculpture. Client is currently in the process of applying for funding for the work, and has developed a relationship with a property owner from which he believes he can acquire an easement. Client seeks an attorney to identify the legal challenges that may accompany such a project and advise on how best to overcome those challenges. An attorney licensed to practice in Maryland is preferred.

Real Estate / Landlord/Tenant - Back to Top

Fashion
12005
Client is a New York based designer. Client signed a five year commercial lease for a space for her design business. Client recently sought to expand her business' space within the building. Client discovered that the Certificate of Occupancy of the building did not allow for commercial tenants, and consequently the lease she signed did not allow her purpose of use. Client subsequently moved out of the commercial space. Client's landlord is now seeking compensation for her unpaid rent and for abandoning her lease, but VLA believes that because the building's Certificate of Occupancy allowed for only industrial use of the building and not for commercial use, the landlord may have been leasing the space to Client illegally. Client has received a summons and complaint, which she must reply to by August 31, 2011. Client seeks a volunteer attorney as soon as possible.

Film/TV
12111
Client is an actress and voiceover artist based in New York. In May 2011, Client began searching for an apartment to set up a voiceover studio so Client could work from home. Client hired a real estate broker and requested that he find an apartment in a quiet environment where Client could set up a studio. Client's broker found an apartment in Williamsburg. When Client spoke to the landlord, Client told him the requirements of being in a quiet environment so that Client could focus on a voiceover career and work from home. The landlord told Client there was only one quiet baby in the townhouse and the apartment would be the perfect fit. When Client moved into the townhouse, Client discovered that there were instead three toddlers in two different units. Collectively, the toddlers made a lot of noise and disrupted Client's attempts to set up a studio and focus on a voiceover career. After two of the toddlers moved out, another toddler moved in upstairs from Client. This toddler was also noisy and made it impossible for Client to work from home. Client requested the landlord to take some steps in alleviating the noise problem but he has refused to take action. Client also requested that the disruptive neighbor limit the unnecessary amount of noise from her child, but she has also refused to take action. Client seeks an attorney to help break Client's lease and have her security deposit returned.

Graphic Design
12199
Client is a New York-based nonprofit that provides a workspace and gallery for artists to create and exhibit art. In October 2006, Client signed a 15 year lease with its Landlord, and moved in August 2007. Due to the recent economic downturn, Client became unable to honor its monthly rent and defaulted on its payments in January and February 2009. As a result, Client struck an agreement with Landlord to obtain a temporary rent deferment that expired in December 2009. Client still cannot afford to honor its full rent payments, and continues to pay its rent in accordance with the deferment plan. However, due to escalating rent, the deferment has proved inadequate, and Client struggles to pay its rent and its other obligations. As of October 2011, Client owes its Landlord $193,020 in deferred rent. Client is further indebted to the New York Investment Fund for a loan they obtained for the amount of $425,000, and has other outstanding debts. Client has retained a real estate attorney for representation in court proceedings and negotiations. However, Landlord refuses to try and settle amicably with Client. Client is unsure whether it can successfully renegotiate its lease with Landlord, and is also unsure whether it will be financially viable even if the lease is renegotiated in its favor. Client has a $1,000,000 DNO, but is unsure if the insurance policy will protect Client’s board members in the event they are held liable for its inability to honor its financial commitments. Client seeks assistance in determining whether it can be reorganized, or whether its financial burden is too heavy and requires corporate dissolution. Client also seeks assistance in determining whether its $1,000,000 insurance policy can be used to absolve its debts, particularly its $193,020 rent deferment debt.

Research Memo/Writing Project - Back to Top

Theater
12156
Client seeks assistance with obtaining compensation for work he did while producing a play for the adverse party before his services were terminated. In addition, the client stated that the adverse party used a logo extremely similar to the one the client developed for the play without compensation, and as such, the client sought to obtain compensation for the use of the logo. Client seeks an attorney to assess whether he has a viable claim in quantum meruit or in accordance with the requirements of his union, the Screen Directors and Choreographers Guild ("SDC"). With regard to the copyright claim concerning the logo, VLA has determined that this claim is not viable and will not be assessed by a volunteer attorney.

Trademark/Patent - Back to Top

Fashion
12189 - On Review
*** Client is a Brooklyn based fashion designer. He has been designing clothing and selling his clothes using an identifying brand name for two years in Brooklyn mainly to friends. Client wishes to register the name as a trademark, however, another clothing company, apparently based in Australia that operates by website and ships internationally has a similar name registered with the USPTO. Client seeks an attorney to further assess whether he can use the name and to assist him in the trademark registration process. Client is open to changing the name a little.

Film/TV
12254 - On Review
*** Client has had a DBA since 2003 as a production entity for his films. In 2007, Client registered his company's name at the county clerk office in Los Angeles. At a film convention in 2011, Client was informed that there is another company (Adverse Party) in Los Angeles county operating under the same name as his business. Client seeks assistance in sending a cease and desist letter to Adverse Party in order to prevent it from using his company's registered name.

Literary
12311
*** Client and partner have begun offering literary podcasts under a certain name to which they are very attached and wish to trademark that name. Upon initial search, that name has already been registered with the USPTO. Client would like an attorney to perform a full search and advise on the prospects of moving forward using this name.

Music
12174 - On Review
Client is a music producer based in New York. He has been doing business under a registered trademark. Client believes that several entities are infringing the trademark. Client seeks an attorney to assess the trademark infringement claims against these potential infringers.