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Dr. Mantis Toboggan fucked around with this message at 23:47 on Aug 11, 2021 |
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Aug 16, 2010 19:32
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Hi, I live in Iowa. My employer has installed a remote login program on her computer, which she uses to log the computer in when she is not at work. Then she turns her microphone on and sets it to record. She's a very paranoid individual as you can guess. I'm curious if this is legal? It sure sounds like it isn't based on this website http://www.legis.state.ia.us/IACODE/2001/727/8.html Relevant statute: aforementioned website posted:727.8 Electronic and mechanical eavesdropping. Also, do I have any recourse if she is indeed breaking the law? I'm mainly concerned about making sure this bites her in the rear end.
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Aug 17, 2010 04:43
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If she is the owner of the company you work at, and is doing this at said company, she has the "right or authority" specified in the first line there.
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Aug 17, 2010 04:54
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Iowa is a one-party state anyway.
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Aug 17, 2010 06:26
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SWATJester posted:Iowa is a one-party state anyway. I think by that you mean that only one party in a conversation needs to know that the conversation is being recorded. But keep in mind that she isn't a part of the conversation, because she's not present in any form. Am I understanding this correctly? As towards the previous poster, that's good to know. She's not the owner, but she is a manager. It's possible she's been granted authority to do this, though. I'm not sure I have any way to find this out, other than to report it to human resources.
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Aug 17, 2010 07:33
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forgot my pants posted:I think by that you mean that only one party in a conversation needs to know that the conversation is being recorded. But keep in mind that she isn't a part of the conversation, because she's not present in any form. Am I understanding this correctly? By nature of remotely connecting, I'd argue that she is a party to that conversation. Basically there are two separate levels of eavesdropping occurring. One is the recording of the electronic communication between her remote computer and the work computer (OK because she is a party); the second is the recording of physical conversations made in the office by the recording device (in which her authority comes into question).
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Aug 17, 2010 08:33
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Do I understand correctly that she logs into her computer remotely and turns on a microphone on her computer so she can hear what's going on at the office when she's not there? Is her computer Shodan or something and can hear everything all throughout the office?
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Aug 17, 2010 16:17
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Is it illegal in new york city to be under the influence of any drugs? Say you have nothing on you, but took something earlier and are under the influence at the time.
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Aug 17, 2010 18:33
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catchers posted:Is it illegal in new york city to be under the influence of any drugs? Say you have nothing on you, but took something earlier and are under the influence at the time. While doing what? Like driving?
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Aug 17, 2010 18:48
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catchers posted:Is it illegal in new york city to be under the influence of any drugs? Say you have nothing on you, but took something earlier and are under the influence at the time. New York Penal Law Section 240.40, Appearance in public under the influence of narcotics or a drug other than alcohol. posted:A person is guilty of appearance in public under the influence of narcotics or a drug other than alcohol when he appears in a public place under the influence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity.
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Aug 17, 2010 18:51
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Some states have a 'possession by consumption' rule, I think he's asking more if New York is one of them. (If something is illegal to do while under the influence of alcohol then it will be illegal to do under the influence of narcotics)
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Aug 17, 2010 18:57
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Last year my girlfriend loaned her ex boyfriend and friend of 10 years $8000 dollars to keep his house from foreclosing promising to pay her and a few other friends back. He now rents this property in our state (Indiana). She met this guy in college he was a foreign exchange student and a Turkish national. He is now in Turkey but basically making a living from renting this property. She has tried to contact him and at first he was responsive but when she began demanding a return on the money, he broke contact saying the market was too bad to sell. Is their a way that we can slap a lien on the property or some other action? She unfortunately trusted this guy because of their long friendship and her only record of the transaction is the transferal from her bank to his. Any advice guys?
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Aug 17, 2010 22:52
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DJ Sizzle posted:Last year my girlfriend loaned her ex boyfriend and friend of 10 years $8000 dollars to keep his house from foreclosing promising to pay her and a few other friends back. Any emails or communications from the guy in which he admits the money was a loan? Has he ever made any payments back to her, at all? If so, are there records of those payments? Also, for small claims, the bank record is probably sufficient to bring a civil claim.
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Aug 17, 2010 23:19
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Alchenar posted:Some states have a 'possession by consumption' rule, I think he's asking more if New York is one of them.
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Aug 18, 2010 00:18
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entris posted:Any emails or communications from the guy in which he admits the money was a loan? Has he ever made any payments back to her, at all? If so, are there records of those payments? No, it has all been phone conversations up to this point. Again, he is in Turkey and doesn't plan to return to the states anytime soon. At this point we hope he hasn't sold the property already. She also isn't sure of the exact address, in hindsight it seems very very naive, but those are the facts. This guy works for a pretty big law firm in Turkey and they went to college together for years and remained friends after dating, up to this point she held him in pretty high regard. Any advice on how to proceed or any more questions? Also, what type of attorney would we be looking at getting here? DJ Sizzle fucked around with this message at 00:54 on Aug 18, 2010 |
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Aug 18, 2010 00:27
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nm posted:In California, being under the influence of meth will result in a greater punishment than possession. mandatory minimum of 90d in jail. On the other side of the pond, in the UK you cease to be in posession the moment you metabolise the drug and there's no offence for simply being under the influence.
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Aug 18, 2010 00:38
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DJ Sizzle posted:No, it has all been phone conversations up to this point. Again, he is in Turkey and doesn't plan to return to the states anytime soon. At this point we hope he hasn't sold the property already. She also isn't sure of the exact address, in hindsight it seems very very naive, but those are the facts. This guy works for a pretty big law firm in Turkey and they went to college together for years and remained friends after dating, up to this point she held him in pretty high regard. Any advice on how to proceed or any more questions? Also, what type of attorney would we be looking at getting here? You need to file a complaint against the guy in Turkey. Tell the attorney that you want the complaint to contain a lis pendens claim, if your state recognizes that, alleging that your GF has in interest in the property by way her her loan. That should tie up any sale until your lawsuit is resolved. Many states allow you to get service of summons by publication against those who have fled the state, so you can run an ad in the paper, get service, then take a default judgment against the Turk. Then you can file the judgment as a lien, foreclose on the lien, and sell the property to satisfy the judgment. Just about any lawyer should be able to do this for you, but the cost is likely to rival the amount of the debt, so the best answer would be to hire a cheap lawyer.
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Aug 18, 2010 02:03
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Kinda specific, but is anyone familiar with laws regarding minors being in bars in Texas? Basically, there's a 17 year old in a band that his 29 year old brother is also in. The parents, the owner of the bar and the local cops are cool with it, but on the off chance TABC comes in, is there an issue?
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Aug 18, 2010 05:48
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A few months ago my friend won a case where the evidence was suppressed in court. The one and only testimony came from his then-girlfriend (now ex) who took the stand. Now, his ex-girlfriend wants to sue the state for emotional damages since she was arrested with him. This was all his lawyers idea and said that it would be an easy case and they would more then likely settle out of court. His girlfriend suffered no emotional damages and will be scamming the state and committing perjury if she decides to go through with this. My friend is concerned and irritated that he was the was the one who initially went through all this trouble of having a felony case/charges over his head and the stress of going to trial while she didn't have to deal with any of it. And he says that it is ridiculous that she wants to sue the state to get a settlement while he is in over $50,000 in debt with lawyers fees. What should my friend do about this? He doesn't want the money and is counting his blessings for the outcome of his case and does not want to be reminded of it anymore. He also does not want his name included in a lawsuit against the state when he doesn't want anything to do with it. Busy Bee fucked around with this message at 07:56 on Aug 18, 2010 |
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Aug 18, 2010 07:54
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Busy Bee posted:What should my friend do about this? He doesn't want the money and is counting his blessings for the outcome of his case and does not want to be reminded of it anymore. He also does not want his name included in a lawsuit against the state when he doesn't want anything to do with it. He can report the conspiracy to the police (I bet he loves them now eh)... Doubt they'll really do anything, but I don't know how they would handle such an unverifiable and deniable claim from an accused felon.
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Aug 18, 2010 08:35
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Busy Bee posted:A few months ago my friend won a case where the evidence was suppressed in court. The one and only testimony came from his then-girlfriend (now ex) who took the stand. Now, his ex-girlfriend wants to sue the state for emotional damages since she was arrested with him. This was all his lawyers idea and said that it would be an easy case and they would more then likely settle out of court. His girlfriend suffered no emotional damages and will be scamming the state and committing perjury if she decides to go through with this. Report the lawyer to the local bar association. Persuading clients to make frivilous/false claims is a pretty huge no.
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Aug 18, 2010 11:01
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There's nothing he can do to stop her from filing her own suit, but if he thinks the lawyer is going to include him as a plaintiff and he doesn't want to be, he should make sure that he puts it in a letter to the lawyer that he has no interest in bringing the suit. If the lawyer files on his behalf anyway, report him to the bar association. As for the perjury charge, you don't know what she's going to say so that's a bit premature. If she files suit alone, he will most likely need to give a deposition in which case he definitely needs a lawyer present to protect him---it can't be the same lawyer as hers at that point.
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Aug 18, 2010 13:20
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Solomon Grundy posted:You need to file a complaint against the guy in Turkey. Tell the attorney that you want the complaint to contain a lis pendens claim, if your state recognizes that, alleging that your GF has in interest in the property by way her her loan. That should tie up any sale until your lawsuit is resolved. Many states allow you to get service of summons by publication against those who have fled the state, so you can run an ad in the paper, get service, then take a default judgment against the Turk. Then you can file the judgment as a lien, foreclose on the lien, and sell the property to satisfy the judgment. Thanks a lot for this. I appreciate it. This situation sucks, that was part of her first year of grad school money 
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Aug 18, 2010 15:31
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I suppose this questions deals with Georgia Code, which I'm having trouble wading through. Does Georgia have any formal definition of the terms such as: town, city, village, etc.? I just want to make sure I'm being consistent across a paper I'm writing right now.
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Aug 18, 2010 20:31
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Phil Moscowitz posted:There's nothing he can do to stop her from filing her own suit, but if he thinks the lawyer is going to include him as a plaintiff and he doesn't want to be, he should make sure that he puts it in a letter to the lawyer that he has no interest in bringing the suit. If the lawyer files on his behalf anyway, report him to the bar association. To make things more clear, there was illegal activity going on in their house when they were both arrested. She wants to sue the state for wrongful arrest and say that she had no idea what was going on and had no reason to be arrested. Of course she knew what was going on and even partook in it from time to time. Can you explain the last part of your post? She wants to file the suit alone without my friends approval or knowledge. Will that even be possible or will she need him in this suit? Thank you for your help.
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Aug 19, 2010 06:51
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First, just realize that I don't have all the facts so I really can't give you a full answer. She does not need him to be a party to the suit if she wants to file suit against the police or DA of whoever for what they did to her. So in that respect, she doesn't need his approval or involvement. However, I'm pretty sure that if that suit gets filed, her lawyer will want to take your friend's deposition--under oath, on the record questions that might not be very good for him--which is why I said he needs a lawyer to defend him in that deposition if it happens. I was under the assumption that his criminal defense lawyer was the one offering to take her case, in which case I would think not only is he conflicted out of that representation (since there may be a conflict between his prior client's interests and his new client's), but he certainly can't be counted on to adequately protect your friend from possibly making incriminating statements during the deposition. As an aside, on the facts you've given me I don't see a snowball's chance in hell that she can win her case. She was in a house where illegal things happened, and got arrested, but the charges were dropped? That's standard operating procedure.
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Aug 19, 2010 19:29
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I'd also be concerned with his description of "the evidence was suppressed" as to whether double jeopardy attached.
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Aug 19, 2010 20:13
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I've been developing work under a mark since 2008, I was going to file a trademark for it but it looks like someone has very recently decided to adopt a very similar name. By sheer luck, they are also in the same metro area. I'm not a company, they are, but I am actively developing product under the mark and I have had a domain registered for it for a similar amount of time. A USPTO search would suggest they have not filed a trademark for it. I'm not completely stuck on the name, but if I have a legal claim to it then I'd rather either have it, have an agreement nailed down to ensure no contest over it, or not give it up for free. What can/should I do? OneEightHundred fucked around with this message at 22:11 on Aug 19, 2010 |
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Aug 19, 2010 22:06
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OneEightHundred posted:I've been developing work under a mark since 2008, I was going to file a trademark for it but it looks like someone has very recently decided to adopt a very similar name. By sheer luck, they are also in the same metro area. What is "very similar"? If you can show that you have been actively using the mark in open trade, then registering the trademark would be the simplest legal recourse. That will enable you to stop anyone else from using the mark.
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Aug 19, 2010 22:11
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Wyatt posted:What is "very similar"? Of course, this is further complicated by the fact that I've been producing only free poo poo and haven't sold anything (yet), but then part of the reason I've been looking into this is that I am making something that I'm fully considering licensing out, and one of the existing projects might become a commercial one. They haven't released or even announced anything though, other than the platforms they're developing for. I'm not sure how this works, how do non-commercial organizations that don't sell poo poo protect their marks? Dicks about what? vvvvvvvvvvvvvvvvvvvv OneEightHundred fucked around with this message at 23:49 on Aug 19, 2010 |
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Aug 19, 2010 22:39
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I would suggest not posting the specific names involved. People can be dicks.
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Aug 19, 2010 23:17
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Incredulous Red posted:You and Pookie should start a layman's law practice Oh God, no thank you sir. I have gained so many grey hairs the last year, at that rate I'd look 70 at age 28... On that note, I have another general question  I filed papers at a prosecutor's office right in front of him and his secretary and then two weeks later when we're supposed to be addressing the issues in the filed petition+affidavit he conveniently is not there and sends his associate instead. He claims that I never served the papers, but yet also requests my old lawyer be allowed to testify at the hearing on the petition which is fairly indicative that he was instructed to request his testimony by the original prosecutor or that he read the revised petition which has more facts worthy of calling for his testimony... Besides being normal, shady, courtroom tactics, isn't there something else to it?
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Aug 20, 2010 00:19
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PoOKiE! posted:
I have absolutely no idea what you are asking. You file papers with the clerk of courts, and serve them upon counsel and parties. Did you do that, or something else? The second part of your question is absolutely incomprehensible.
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Aug 20, 2010 00:27
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OneEightHundred posted:e: Redacted. Basically they're both three words and differ by one: Mine has "Games" at the end, theirs has something else, and they're a game developer. I can't imagine they wouldn't be considered "confusing" if put against each other. PM me? I'm in that industry and might be able to sort it out.
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Aug 20, 2010 00:40
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OneEightHundred posted:Dicks about what? As in, calling the other company and warning them to trademark it first, or whatever, for nothing more than the payoff of loving over a guy on the internet. Never, ever, ever post anything that can lead back to you or anyone involved in legal proceedings or what might end up being legal proceedings, in this thread or any other.
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Aug 20, 2010 01:00
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Phil Moscowitz posted:First, just realize that I don't have all the facts so I really can't give you a full answer. I talked to him and showed him your post. It is my understanding that he would not have to give a deposition and that the facts are already there. The original lawyer who represented my friend was going to take the case and represent his ex. However, his lawyer needed his approval first, and he said no. So his lawyer is recommending some other lawyers for her if she wants to pursue this case further. To give even MORE detail of what happened and with my friend's approval, there was drugs being sold out of the house. All the drugs were located in his room with his stuff. When the police came for a disturbance, they illegally searched the house and found the drugs. They arrested both on the spot. However, once the charges were filed, she was not included. Once she testified during the trial, she said that she did not know what was going on in the house.
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Aug 20, 2010 01:58
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OneEightHundred posted:I'm not sure how this works, how do non-commercial organizations that don't sell poo poo protect their marks? Sue them for infringing your current mark or file a registration.
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Aug 20, 2010 04:31
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Oregon goon. I "hired" on a contractor with no signatures, completely verbal. We are a 3 person team working on computers for a client. Everyone agrees to work on their shares, his name is on the contract we made for the work, he completely blows everyone off and doesn't do his work. Can I refuse to pay him?
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Aug 20, 2010 11:18
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probably drunk posted:Oregon goon. Completely provisional answer: Yes, on ground of non-performance. You need to make meticulous notes of exactly what the job was and how the labour was divided and how he failed to do his work and how you were forced to react to that. Oral contracts are enforcable but obviously there's nothing other than yours and his testimony to tell a judge what was actually in the contract. With that in mind, should he sue you the person who wins will be the person best able to provide the judge with a comprehensive picture of the course of events and agreements and how their actions were reasonable. When he files a complaint that you didn't pay him you need to be able to say convincingly to a judge: 1) We agreed that he would do x. 2) He didn't do x. 3) Mr Y ended up having to do x instead.
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Aug 20, 2010 11:34
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we have plenty of text messages and emails asking him why he wasnt calling the client back, or how odd it was he got 2 flat tires out of nowhere, or whatnot. Unfortunately, it cost us a LOT of time and we had to do a LOT of extra work because of his actions. Is it at all possible to take him to small claims? Not being greedy, he costed us real time and money. plus letters of recommendation... plus pissing off important clients. probably drunk fucked around with this message at 11:53 on Aug 20, 2010 |
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Aug 20, 2010 11:50
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