Free Consultation: (917) 756-8501Tap to Call This Lawyer
Barry Eran Janay

Barry Eran Janay

Solutions to the most complicated cases, reasonable fees.
  • Collections, Communications & Internet Law, Employment Law...
  • New Jersey, New York
Claimed Lawyer ProfileQ&ASocial Media

Barry Janay, Esq. represents emerging businesses in matters relating to commercial litigation, intellectual property infringement matters and other intellectual property litigation (including misappropriation of confidential and trade secret information), employment and labor law, collections, defamation, privacy and media law litigation matters. Barry serves as counsel for clients in industries ranging from publishing, software, retailers, and consumer products to online businesses.

Practice Areas
  • Collections
  • Communications & Internet Law
  • Employment Law
  • Estate Planning
  • Gov & Administrative Law
  • Insurance Claims
  • Insurance Defense
  • Intellectual Property
  • International Law
  • Juvenile Law
  • Landlord Tenant
  • Medical Malpractice
  • Personal Injury
  • Probate
  • Products Liability
  • Real Estate Law
  • Securities Law
  • Social Security Disability/SSI
  • Tax Law
  • Construction Law
  • Trademarks
  • Traffic Tickets
  • Consumer Law
  • White Collar Crime
  • Workers' Compensation
  • Arbitration & Mediation
  • Education Law
  • Broker Fraud
  • Appeals & Appellate
  • Business Law
  • Civil Rights
  • Elder Law
Additional Practice Area
  • Aviation Law
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
New Jersey
New York
2nd Circuit
  • Chinese: Spoken, Written
  • English: Spoken, Written
  • Hebrew: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Chief Legal Officer
BT Systems, LLC
- Current
Exalted Leader
The Law Office of Barry E. Janay, P.C.
- Current
Senior Counsel
Rick, Steiner, Fell & Benowitz, LLP
Golden Gate University
MBA / Business Law / Finance / Economics / Management (2003)
Golden Gate University School of Law
J.D. (2003)
Rollins College
B.A. / Political Science / Communications (2000)
Activities: Pre-law Society
Client Choice Award
Professional Associations
Association of the Bar of the City of New York
New York County Lawyers Association
Morris Aero Club
Brotherhood of Protective Order of Elks - Summit, NJ
New York State Bar # 4264800
- Current
Websites & Blogs
The Law Office of Barry E. Janay, P.C. Website
Legal Answers
784 Questions Answered

Q. I live in New York State can I take someone in Vancouver Canada to small claims court ?
A: No. Small claims defendants must reside in the jurisdiction.
Q. What recourse do I have in negotiating my rent being raised in New York State?
A: If it's not rent controlled / stabilized and you don't have a lease that indicates the amount by which rent can go up the landlord is free to raise the rent and you are free to not accept it and leave.
Q. termination vs resignation - what can the background check reveal?
A: You're almost always better off legally getting fired than quitting for the reasons the other attorney mentioned below. That said, when working out a severance (which you can get if you're fired, but not likely to get anything if you resign) have them include a referral letter and a non-disparagement provision. Any decent employment lawyer can assist you with that, if you want I'd be happy to assist.
Q. Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?
A: It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just make an accounting entry to call it a donation. You may want to reach out to them and get an agreement in place to give them a donation separately and once the donation hits they refund you the tuition deposit, wouldn't hurt to see if they'd agree to that.
Q. If a government contract specifies they want a certain number of people in my business and accept my proposal based on
A: Hire a replacement. Am I missing something? Feel free to email me if you want to discuss further.
Q. I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?
A: Probably wouldn't fly. Your case (if filed) would be dismissed.
Q. I received traffic ticket for speeding. I pled not guilty. There was court date on ticket. I sent it back.
A: Call the clerk ASAP and find out. They may have moved the date.
Q. If my job contract stipulates a leave of notice period, what are the legal consequences of not serving it?
A: Without seeing your agreement and ancillary employment docs (company handbook, etc.) I couldn't say for certain, but it appears that they can sue you if you violate the notice period, but they probably won't. Also, the damages they would be seeking would be at most the amount you would have been paid and you can oppose that by showing they failed to mitigate the damages. I would recommend that you engage an employment attorney to consult with during this exit. I routinely handle similar cases and my fees are reasonable.
Q. Is there a difference when applying for a trademark for a brand (X-Kitchen) vs. trademarking items that brand sells?
A: It all depends. Of course you can trademark the brand, which identifies the source of the goods / products / services. You can also trademark the name of a product sold by that brand, which again identifies the source of the goods / products / services. Think of a large company like Coca Cola, they of course own a registered TM for COCA COLA, but they have a number of sub-brands like Dasani, etc. all of which are covered by separate trademarks which provides them each with separate protection. You'd probably benefit from just having an attorney review your company and it's offerrings and seeing which ones are probably worth going for a trademark registration on and which are not.
Click here to see all answers
Social Media
Contact & Map
33 Plymouth St.
Suite 202A
Montclair, NJ 07042
Cell: (917) 756-8501
Fax: (855) 374-2884
14 Murray St.
14 Murray St.
Suite 235
New York, NY 10007
Cell: (917) 756-8501
Fax: (855) 374-2884
220 White Plains Rd.,
3rd Flr.
Tarrytown, NY 10591
Cell: (917) 756-8501
Fax: (855) 374-2884
Jersey City
30 Montgomery St.
8th Floor
Jersey City, NJ 07302
Cell: (917) 756-8501
Fax: (855) 374-2884
Jersey City
30 Montgomery St.
8th Floor
Jersey City, NJ 07302
Toll-Free: (917) 756-8501
Telephone: (917) 756-8501
Cell: (917) 756-8501
Fax: (855) 374-2884