Zachary Alan Waksman
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Claimed Lawyer ProfileQ&A
Practice Area
- Gov & Administrative Law
- Legislative & Government Affairs
Fees
- Not Currently Accepting Clients
Jurisdictions Admitted to Practice
- Massachusetts
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- New York
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Languages
- English: Spoken, Written
- Spanish: Written
Professional Experience
- Associate
- Calabrese Law Associates, P.C.
- - Current
- Attorney
- Zachary A. Waksman, Attorney at Law
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- Family law and estate planning attorney. Supports client firms in all aspects of trial and case development, including legal research, drafting of pleadings, briefs and motions and pre-trial discovery review. Of counsel to Demidchik Law Firm, New York, NY, assisting firm with criminal matters in Massachusetts. Retained by Kreisberg & Maitland, LLP to research procedural and factual issues in ongoing state and federal litigations including: municipal liability under §1983; admissibility of television program’s transcript as prior inconsistent statement; garnishment of city employee’s pension in civil action; due process issues with NY statute. Retained by fellow attorney to assist with fee recovery; argued the matter before NY Appellate Division in September 2015. Researched fraudulent conveyance issues for litigation in NY; drafted complaint for filing in SDNY. Drafted memoranda on several corporate finance matters including: administrative estoppel on IRS filings; applicability of NY’s judicial dissolution statute to corporate misconduct; shareholders’ rights to inspect corporate books; and statute of limitations for previously unknown facts discovered in inspection of corporate books. Provided pro bono support to South Coastal Counties Legal Services; participant in Bristol County Family & Probate Court’s Lawyer of the Day Program from 2014-16
- Student Attorney
- Securities Arbitration & Consumer Clinic
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- Handled legal matters with focus on consumer law and advocacy under a professor’s guidance. Conducted research on consumer law and products liability in actions on behalf of indigent clients. Drafted complaints, interrogatory responses, and other pleadings in consumer cases to protect indigent clients from improper consumer practices. Conducted client interviews to gain understanding and determine case strategy. Laid foundation to commence products liability action against major home appliance corporation
- Intern
- The Rutherford Institute
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- Civil rights organization with strong focus on First and Fourth Amendment rights. Performed research on a wide range of issues for actions in state and federal courts across the US. Summarized findings in memoranda for use by staff and outside counsel. Issues included: legality of a school’s dress code; religious exemptions to photo identification requirements; private entities’ right to place limits on speech; workplace clothing as speech; potential consequences of unmanned drone use - findings were incorporated into book written by Institute’s president: John W. Whitehead, A Government of Wolves: The Emerging Police State (2013).
- Legal Assistant
- Syracuse Department of Law - Housing Department
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- Hired for externship at specific request of attorneys. Drafted complaints against property owners who failed to maintain their buildings. Researched issues with legality of Syracuse Property Code, including comparison with codes of other cities in the State of New York, to create potential blueprint for improving the system.
- Legal Assistant
- Kreisberg & Maitland, LLP
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- Served as fact-checker during motion preparation process in complex federal litigation. Conducted legal research to build case. Drafted and revised correspondence and pleadings for content and correctness. Hired to catalogue ~200,000 pages of discovery for complex federal litigation. Created electronic and physical organization systems for accessibility by time and topic. Remains in contact with firm for research work on several ongoing matters.
Education
- Syracuse University College of Law
- J.D.
- Honors: Certificate in National Security
- Activities: Journal of International Law & Commerce: Associate Editor Impunity Watch; Assistant Community Development Coordinator; Senior Desk Officer, Middle East; Middle East Desk Reporter (two-time Reporter of the Month) Student Bar Association: Senator, 2010 to 2012
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- Wesleyan University
- B.A. | Government
- Spring 2006 in Denmark
- Activities: Wesleyan Argus, 2003 to 2005 Wesleyan Jazz Orchestra
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Professional Associations
- New York State Bar # 5221825
- Member
- - Current
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- New York State Bar Association # 877854
- Member
- - Current
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- Massachusetts State Bar # 687912
- Member
- - Current
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- Massachusetts Bar Association
- Member
- - Current
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- Boston Bar Association
- Member
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Publications
Videos
Arbitration Clauses in Consumer Contracts - Business Law Attorney Boston
In Massachusetts, business owners often include arbitration clauses in their contracts with customers. This is done to often the time and costs involved with litigation if a dispute raises. However, Massachusetts consumers have the right to litigate a claim for an unfair or deceptive business acts or practices in spite of a valid arbitration clause.
Appealing Civil Cases - Appellate Litigation Attorney | Boston Massachusetts (MA)
Appealing civil cases to the Massachusetts Appeals Court requires that the appealing party (the "Appellant") follow precise rules of procedure. Managing Attorney Peter G. Calabrese provides insight on how to file an appeal to the Massachusetts Appeals Court and the importance of following the proper procedure.
Legal Answers
8 Questions Answered
- Q. Demanding full security deposit after 30 days of lease end
- A: I cannot give advice in this forum.
However, the landlord does not appear to have followed Section 15B. It may be too soon to sue, though. What court you bring this in will depend on the size of the deposit and the damages.
You should consult an attorney for assistance drafting any correspondence with the landlord and for further assessment of your claims.
- Q. I love in a 3 unit building. I live in the first floor. New tenant moved in above me and made life terrible with noise.
- A: I am somewhat confused by what you are saying here. It sounds like you want to send a letter to the tenant. That is an option.
You have rights as a lessor in this building. The landlord is obligated, both by law and through your lease, to ensure that your right to quiet enjoyment of your apartment is undisturbed. You have informed the landlord of this tenant's behavior for a long time, yet it appears no action has been taken. Once the landlord is on notice, she must take steps to solve the problem and is liable for any reasonably foreseeable consequence of her failure to do so. This is true even if the issue is caused by a third party as is the case here.
Failure to remedy these violations ... Read More
- Q. Should I let know a landlord that I am suing them?
- A: I cannot answer your question based on the facts you have provided. It depends in part on why you want to sue your landlord. Certain actions taken by your landlord may constitute violations of the consumer protection statute, Chapter 93A. Since you are probably renting your apartment to use as your home, such violations, if they exist, would fall under Chapter 93A, Section 9. In this context, Section 9 requires tenants to provide the landlord with notice of your claims and allow 30 days for the landlord to produce a response and an offer of settlement. After that 30 day period ends, you would be allowed to file your lawsuit.
However, please be advised that what I have described to you is ... Read More
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