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Information about Attorney Carl E. Person
College and Law School
Harvard Law School, LLB; and Long Island University, BA
Update: On 3/12/19, I agreed to dismiss the lawsuit without prejudice, so that I would be able to commence the lawsuit again if another shutdown occurs. As a result, the Defendants did not provide their Memorandum of Law in Opposition to my motion.
My Lawsuit to End the Shutdown - 1/26/19 Motion to Enjoin Current and any Future Shutdowns -- Is Reported at the Top
One day after President Trump announced he had reached an agreement to end the current shutdown for a 3-week period, I filed a motion for a Preliminary Injunction to end the Current shutdown (if it is not ended by the 3-week, temporary end-of-shutdown statute enacted later in the day), any resumption of the current shutdown on or after February 15, 2019, and any future actual or threatened shutdowns. In other words, I am seeking a permanent end to use of shutdowns by the President and/or the Legislative Branch of government. If shutdowns are not recognized as illegal, the country will probably see President Trump or his successor from either party shutting down the government unless Social Security is eliminated or, perhaps, a single-payer healthcare system is enacted, only to have the next President use a shutdown to reverse the legislation, and then reinstated, and then reversed, so that nobody can rely upon any important legislation because the power of the Legislative Branch would be transferred to the President.
My motion papers include a copy of my Amended Complaint, a link for which is set for below, and the following three documents:
3. After my motion was denied, I prepared and efiled my Amended Complaint
My motion to end the shutdown was denied when the Court ruled that I had no right to sue (i.e., that I did not have the Constitutionally-required "standing" to commence my action) to end the shutdown. I then prepared a detailed set of facts (see paragraphs 17-18 and 20 in the Amended Complaint) and made a variety of other changes, turning the 14-page original Complaint into a 24-page Amended Complaint. You should take the time to read the Amended Complaint, and click on Amended Complaint in Carl Person v. United States of America, et al., efiled in SDNY on 1/23/19
2. My Motion for TRO and Preliminary Injunction was DENIED for "lack of standing" on 1/18/19
After my motion for a temporary restraining order and a preliminary injunction to end the shutdown was denied, I filed an Amended Complaint, which sets forth a comprehensive set of facts supporting my claim that I have standing to sue. See paragraphs 17-18 and 20 in my Amended Complaint, a link for which is set forth in "3" above.
1. Action to End Partial Shutdown of Government - Filed 1/7/19; Motion for TRO and Preliminary Injunction Filed 1/11/19
Shutting down of governmental services adversely affects more than 99% of the citizens and residents of the United States and is now the longest shutdown ever occurring. The economic consequences for the 800,000 federal employees are devastating for most of them, and for all of the nation's citizens and residents there is occurring a continuing destruction of the economy which cannot be cured except over many years, because of the number of businesses being put out of business and the number of homes being lost to foreclosure, the loss of educational opportunities, and the thousands of other types of losses throughout the complication economy.
To try to end this shutdown, which to me is clearly unconstitutional, I have commenced an action to compel the reopening of the shut down governmental services. A copy of the Complaint, Civil Cover Sheet and (pre-modified) Summons are available in one file - click on Complaint, Civil Cover Sheet and Summons in Carl Person v. United States of America, et al., filed in SDNY on 1/7/19 .
To see a copy of the motion, click on Motion by Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction requiring payment to be made to 800,000 federal government employees, filed in SDNY on 1/11/19 .
To see a copy of the Court's Docket Sheet for this mandamus action, click on Docket Sheet for Carl E. Person v. United States of America, etc., et al., as of January 12, 2019 .
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 50+ 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. You may be interested in 26 insights I have concerning foreclosures and loan modifications, which could help you save your home or represent someone trying to save his/her home. Click on 26 Foreclosure Secrets
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 give rise to issues such as standing to sue, 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 should leave you with far more money 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 Representation
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 small businesses when they are sued (such as in breach of breach of contract, fraud, trademark infringement or copyright infringement actions).
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. My activities are to provide whatever support the local counsel may want, such as the preparation of pleadings, affidavits and memoranda of law in support of or in opposition to motions of various types. Also, my antitrust background is quite helpful because of my awareness of what I believe is a major antitrust violation throughout the foreclosure industry involving major banks and major loan servicers as to 1-4 unit residential foreclosures. The heart of the antitrust problem is the requirement that homeowners not be allowed to bid for their own home directly or indirectly when doing a "short sale", which requirement also results in the banks and servicers not offering the defaulted note and mortgage to the homeowner when offering the note and mortgage at a major discount to vulture funds or to the dentist across the street from the homeowner, which keeps the note at an artificially high amount as to the homeowner, and prevents him/her from obtaining refinancing from another lender when his home is under water. Raising of these antitrust issues by competently-prepared pleadings and motions gives the homeowner a much better chance of saving his/her home with an affordable loan modification, because of the bank's or servicer's desire to avoid costly antitrust litigation and perhaps an adverse judicial decision that could create problems in millions of foreclosures in the future.
Trademark, Copyright, Contract, Fraud, Securities, Antitrust and Other Business Litigation
I have had more than 50 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 or assisting their local attorneys in these types of "commercial litigation" anywhere in the U.S.
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
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 the above types of litigation and others.
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 is a list of my YouTube videos My List of YouTube Videos
Attorney Carl E. Person
Any Questions?Here is how you can contact me: Office 212-307-4444
My c.v. (or resume): My updated c.v.
Here are links to three YouTube 1-hour interviews I've had with Harold Channer:
Carl E. Person and Harold Channer - Air date: 02-28-08 - CLICK ON IMAGE BELOW
Harold Channer and I have had many interviews over the years (most recently in October, 2016) and many or most of these can be found on YouTube by searching for "Harold Channer Carl Person".
Discuss Representation with Attorney Carl E. PersonTo discuss representation, you can contact me by phone 212-307-4444 or reach me by email email@example.com
There will be no charge for the discussion.
Last revised 1/26/19