Legal Questions: I believe the problem is that they need a well, actually

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euphronius: Feb 18, 2009

See if new company will agree to pay any legal fees that you may accrue.

# ? Aug 16, 2013 14:58

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# ? Jun 5, 2024 22:10

Bojanglesworth: Oct 20, 2006; Look at all these burgers-running me everyday-
I just need some time-some time to get away from-
from all these burgers I can't take it no more

Since the subject of security deposits came up I may as well ask a question.

I rented a house for three years with my (at the time) wife, we paid our security deposit of $1,500 (Equal to one months rent) and all was well, when we got separated it got pretty difficult for me to pay my rent and I was constantly behind about a month. Eventually I threw in the towel and let him know that I would be moving out. I kept the house in perfect shape throughout the entire time I lived there. He posted the house up for rent the same day that I told him I was going to be moving out and was trying to show it to people while I Was literally in the process of moving my poo poo out of there. Since I was behind a month on my rent I assumed that he would just keep my deposit to make up for it, since there were no repairs to be done to the house.

Recently my ex told me that he has contacted her "looking for me," which may very well be a lie because she is that type of person who would want to just make me nervous or whatever. I moved out in November and emailed and called him for a couple of months and never heard back. At this point, nearly eight months later, is there anything that he can do really or am I in the clear?

# ? Aug 16, 2013 15:49

Devor: Nov 30, 2004; Lurking more.

Bojanglesworth posted:

Since the subject of security deposits came up I may as well ask a question.

I rented a house for three years with my (at the time) wife, we paid our security deposit of $1,500 (Equal to one months rent) and all was well, when we got separated it got pretty difficult for me to pay my rent and I was constantly behind about a month. Eventually I threw in the towel and let him know that I would be moving out. I kept the house in perfect shape throughout the entire time I lived there. He posted the house up for rent the same day that I told him I was going to be moving out and was trying to show it to people while I Was literally in the process of moving my poo poo out of there. Since I was behind a month on my rent I assumed that he would just keep my deposit to make up for it, since there were no repairs to be done to the house.

Recently my ex told me that he has contacted her "looking for me," which may very well be a lie because she is that type of person who would want to just make me nervous or whatever. I moved out in November and emailed and called him for a couple of months and never heard back. At this point, nearly eight months later, is there anything that he can do really or am I in the clear?

IANAL - Security deposits are typically pretty explicitly not intended to just become the last month's rent. The "right" way to do it is for you to pay your rent as normal, then get refunded the security deposit, plus any applicable interest, minus any necessary repairs. The landlord may be entitled to deduct any back-rent out of the security deposit, leaving you owing him if he decided that there were any repairs necessary. The security deposit is not the maximum amount you'd be on the hook for - it's a reasonable amount to protect the landlord without forcing him to go to court.

Also, typically with leases, the renter would be on the hook for the rent up until the next renter's lease begins. Unless the lease was month-to-month, and/or proper notice was given to the landlord, there could be additional rent owed when moving out in the middle of a lease term.

It all depends on the terms of your lease, though.

# ? Aug 16, 2013 16:21

Ham Equity: Apr 16, 2013; The first thing we do, let's kill all the cars.; Grimey Drawer

Bojanglesworth posted:

Since the subject of security deposits came up I may as well ask a question.

I rented a house for three years with my (at the time) wife, we paid our security deposit of $1,500 (Equal to one months rent) and all was well, when we got separated it got pretty difficult for me to pay my rent and I was constantly behind about a month. Eventually I threw in the towel and let him know that I would be moving out. I kept the house in perfect shape throughout the entire time I lived there. He posted the house up for rent the same day that I told him I was going to be moving out and was trying to show it to people while I Was literally in the process of moving my poo poo out of there. Since I was behind a month on my rent I assumed that he would just keep my deposit to make up for it, since there were no repairs to be done to the house.

Recently my ex told me that he has contacted her "looking for me," which may very well be a lie because she is that type of person who would want to just make me nervous or whatever. I moved out in November and emailed and called him for a couple of months and never heard back. At this point, nearly eight months later, is there anything that he can do really or am I in the clear?

What you're looking for is the statute of limitations on landlord/tenant cases for where you live, if you want to know if he could technically sue you.

# ? Aug 16, 2013 17:16

Bojanglesworth: Oct 20, 2006; Look at all these burgers-running me everyday-
I just need some time-some time to get away from-
from all these burgers I can't take it no more

Thanatosian posted:

What you're looking for is the statute of limitations on landlord/tenant cases for where you live, if you want to know if he could technically sue you.

Yeah, that sounds about right. I have assumed this whole time that he was just happy to have me out of there and have it rented (for more money) by someone who pays on time every month, and just kept my deposit to cover the rent I owed him. He never contacted me once and my ex's story of him "trying to get in touch with me" reeks of bullshit because after three years of renting he surely has my email and cell number, which haven't changed in a decade.

# ? Aug 16, 2013 18:22

Dogen: May 5, 2002; Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

Bojanglesworth posted:

Yeah, that sounds about right. I have assumed this whole time that he was just happy to have me out of there and have it rented (for more money) by someone who pays on time every month, and just kept my deposit to cover the rent I owed him. He never contacted me once and my ex's story of him "trying to get in touch with me" reeks of bullshit because after three years of renting he surely has my email and cell number, which haven't changed in a decade.

Also I would imagine most jurisdictions are like mine in that if he hasn't gotten back to you within ~30 days of the end of your tenancy with an itemized list of damages and the remainder of your security deposit, you would have some remedies against him as well, so it's probably in his interest to just leave it alone

# ? Aug 16, 2013 20:03

Arcturas: Mar 30, 2011

Bojanglesworth posted:

Yeah, that sounds about right. I have assumed this whole time that he was just happy to have me out of there and have it rented (for more money) by someone who pays on time every month, and just kept my deposit to cover the rent I owed him. He never contacted me once and my ex's story of him "trying to get in touch with me" reeks of bullshit because after three years of renting he surely has my email and cell number, which haven't changed in a decade.

I'd probably try to give him a call/send him a letter and figure out what's going on, but if he doesn't respond or you can't reach him, I wouldn't worry too much about it.

Incidentally, the statute of limitations for the lease is based on real estate, so look up your local state statutes to figure that one out. I bet it's four or seven years.

And 30-day graphic designer person, those notice clauses are usually somewhat enforceable, but that just means you have to pay some sort of damages, not that you will be prohibited from working at the new place. Really the more important question is whether your current employer will be pissed at you, and whether burning bridges is worth it. If you want to take the new job, tell your current employer that you have a new job, you're giving notice, and if possible you'd like to leave sooner to fill the position, but you have had a great time working there/want to leave on good terms/whatever. Then ask if they're willing to let you out early.

(Generally, leaving jobs without burning bridges is WAY better than burning them on the way out.)

# ? Aug 16, 2013 20:23

Leif.: Mar 27, 2005; Son of the Defender
Formerly Diplomaticus/SWATJester

patentmagus posted:

Yesterday, I researched bringing a foreign national into a US court and ended up legitimately reading through various admiralty cases. It was hard not to laugh.

http://www.albertacourts.ab.ca/jdb/2003-/qb/Family/2012/2012abqb0571ed1.pdf

Read this and everything you need to know about this sort of thing (in Canada, but it talks about US law quite a bit). Anyone interested in sovereign citizen crazies should check it out, no poo poo.

# ? Aug 17, 2013 21:43

Verdugo: Jan 5, 2009; Lipstick Apathy

Diplomaticus posted:

http://www.albertacourts.ab.ca/jdb/2003-/qb/Family/2012/2012abqb0571ed1.pdf

Read this and everything you need to know about this sort of thing (in Canada, but it talks about US law quite a bit). Anyone interested in sovereign citizen crazies should check it out, no poo poo.

That is a very interesting and entertaining read. Best line:

"The exotic nature of the Moorish Law movement and its claims warrant some comment,as casual exposure to a Moorish Law litigant may lead an observer to suspect mental impairment or disorder."

# ? Aug 19, 2013 18:13

flakeloaf: Feb 26, 2003; Still better than android clock

Sovereign citizen crazies always make for fascinating reading and that decision is the cherry on top of a hilarious cake.

e:

posted:

For the record, I, Dennis Larry Meads, and for the record a child of the almighty God Jehovah, and not a child of the state. For the lord and saviour Jesus the Chris is my spiritual advocate and in this instant matter at hand, and that God�s laws rule supreme in my life and this court, and I, Dennis Larry Meads, being a flesh and blood man pray that the judge, you sir Mr. Rooke, Justice Rooke, and court follows this claim in God�s law, and if they should they decide not to they should make the claim right now that they are above God�s law and prove beyond the breath they let out pray again that the almighty God, all of us and protect us all, will abide with us in his laws.

[23] After hearing submissions from the parties I concluded that case management would be appropriate in this instance

Maybe a case worker would have made more sense.

flakeloaf fucked around with this message at 19:08 on Aug 19, 2013

# ? Aug 19, 2013 18:58

Leif.: Mar 27, 2005; Son of the Defender
Formerly Diplomaticus/SWATJester

That judge should be canonized, btw, He has the patience of a saint.

# ? Aug 19, 2013 19:10

patentmagus: May 19, 2013

Diplomaticus posted:

http://www.albertacourts.ab.ca/jdb/2003-/qb/Family/2012/2012abqb0571ed1.pdf

Read this and everything you need to know about this sort of thing (in Canada, but it talks about US law quite a bit). Anyone interested in sovereign citizen crazies should check it out, no poo poo.

I think you shut down the thread for a few days with this one as the SA lawyers read through.

As a patent attorney, I particularly laughed at:

quote:

Another Admiralty Law based argument illustrates how the word �includes� seems to baffle OPCA litigants. I have personally received a �foisted unilateral agreement� (see below) that explains that �Canada� is restricted to the oceans that surround the landmass and its internal waters. The writer explains the basis of this argument is the Interpretation Act, R.S.C. 1985, c. I-21, s. 35(1), which reads in part:

35. (1) In every enactment,
...
�Canada�, for greater certainty, includes the internal waters of Canada and the territorial sea of Canada ... [Emphasis added.]

The author continued to declare that all Canadian courts:
... are nothing but pirates (criminals) operating on the high seas of commerce, looking for some prize, and as such, they are de facto courts ... [Emphasis in original.]

It's funny because in U.S. patent law that actually is the legal interpretation of "includes." We have to use "comprises" to mean that other things may also be included.

# ? Aug 19, 2013 19:13

EAT THE EGGS RICOLA: May 29, 2008

patentmagus posted:

It's funny because in U.S. patent law that actually is the legal interpretation of "includes." We have to use "comprises" to mean that other things may also be included.

It's the same in Canadian patent law!

# ? Aug 19, 2013 19:17

Kalman: Jan 17, 2010

patentmagus posted:

I think you shut down the thread for a few days with this one as the SA lawyers read through.

As a patent attorney, I particularly laughed at:

It's funny because in U.S. patent law that actually is the legal interpretation of "includes." We have to use "comprises" to mean that other things may also be included.

Wait, includes gets read as consisting of? I've always understood includes to be read as comprising.

(Only bad patent lawyers use includes in their claims.)

# ? Aug 19, 2013 23:06

NJ Deac: Apr 6, 2006

Kalman posted:

Wait, includes gets read as consisting of? I've always understood includes to be read as comprising.

(Only bad patent lawyers use includes in their claims.)

I also understood includes == comprising, though I'd never use the former instead of the latter.

# ? Aug 19, 2013 23:29

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

patentmagus posted:

It's funny because in U.S. patent law that actually is the legal interpretation of "includes." We have to use "comprises" to mean that other things may also be included.

Someone needs to brush up on the MPEP

quote:

The transitional term �comprising�, which is synonymous with �including,� �containing,� or �characterized by,� is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See, e.g., Mars Inc. v. H.J. Heinz Co., 377 F.3d 1369, 1376, 71 USPQ2d 1837, 1843 (Fed. Cir. 2004)

# ? Aug 20, 2013 03:50

patentmagus: May 19, 2013

Baruch Obamawitz posted:

Someone needs to brush up on the MPEP

Yah - MPEP 2111.03, transitional phrases. You have no idea how much time I've spent trying to support my previous statement. The support isn't there. That's what I get for parroting what I was told many moons ago when I asked about using "includes."

The best I can come up with is that "comprising," "consisting of," and "consisting essentially of" have acquired very specific meanings because they have a substantial litigation history. At this point, I think the reason we don't use "includes" is because of the certainty of claim construction - a woefully weak argument.

Regardless, I'm not going to break tradition and start using "includes" while patent drafting.

# ? Aug 20, 2013 04:54

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

Yeah, don't re-invent the wheel :ironicat:

# ? Aug 20, 2013 05:44

Arklan: Jul 11, 2006

I didn't see anything covering this in the last few pages.

I had a summons to go to court, but when I arrived I was told that the information I'd received was wildly wrong. I'd been sent to the wrong building and the correct time for my court appearance was about four hours earlier than what was on the summons I'd been issued. As a result, I've missed court entirely. I've been told I've probably received a 'default judgement.' Is there anything I can do about this? I'm in Illinois.

Thanks.

# ? Aug 20, 2013 07:37

goku chewbacca: Dec 14, 2002

Questions about collecting on a judgement in Pennsylvania. Not a major city like Philly or Pittsburgh.

I won a (money?) judgement against my former landlord for 100% of my security deposit plus filing/court costs and sheriff summons service. The 30 day appeal period is ending soon, so I'm going back to the magisterial district court to get a writ of execution. From there, I'm not sure how to proceed other than that it involves our county sheriffs, and that I (but only through the sheriff?) may go after real and personal property, including bank accounts.

Major exemptions under PA law: 1. $300 statutory exemption; 2. Bibles, school books, sewing machines, uniforms and equipment; 3. Most wages and unemployment compensation; 4. Social Security benefits; 5. Certain retirement funds and accounts; 6. Certain veteran and armed forces benefits; 7. Certain insurance proceeds; 8. Such other exemptions as may be provided by law.

PA law does not allow garnishment of wages. My understanding is that bank accounts (under $10,000) that receive recurring electronic deposits CAN be seized as long as the funds are not from SS/SSI/disability income.

Good news for me is that this landlord does not seem to be judgement-proof. He's unmarried/single. He singly owns outright the single-family home he occupies--no mortgage attached to property deed. He singly owns a duplex home rental property--mortgage still attached. He owns a mid-2000s entry level luxury car that he revealed on Facebook that he just finished paying off. Also revealed on Facebook, he owns valuable electronics including iPads, large flat-screen TVs, and video game systems. Entry- to mid-level home furnishings from a home purchased and furnished about 4 years ago. Finally, I have the facsimiles of the rent checks paid to him, so I know where he banks.

Once I have the writ of execution, is there anything I can do first before going to the sheriff? Can I drive to the banks I know he uses with the writ of execution and demand enough to settle the debt? If not, what sort of costs am I going to incur by asking the sheriff to: seize bank accounts, place liens against his two real properties, and organize the seizure/storage/sale of his personal possessions?

TL;DR Won money judgement against defendant. Will have writ of execution in a few days. How do I collect? How do I approach sheriff? What are the associated sheriff costs, and can I get them reimbursed by defendant during collection proceedings?

# ? Aug 20, 2013 07:50

G-Mawwwwwww: Jan 31, 2003; My LPth are Hot Garbage; Biscuit Hider

goku chewbacca posted:

Questions about collecting on a judgement in Pennsylvania. Not a major city like Philly or Pittsburgh.

I won a (money?) judgement against my former landlord for 100% of my security deposit plus filing/court costs and sheriff summons service. The 30 day appeal period is ending soon, so I'm going back to the magisterial district court to get a writ of execution. From there, I'm not sure how to proceed other than that it involves our county sheriffs, and that I (but only through the sheriff?) may go after real and personal property, including bank accounts.

Major exemptions under PA law: 1. $300 statutory exemption; 2. Bibles, school books, sewing machines, uniforms and equipment; 3. Most wages and unemployment compensation; 4. Social Security benefits; 5. Certain retirement funds and accounts; 6. Certain veteran and armed forces benefits; 7. Certain insurance proceeds; 8. Such other exemptions as may be provided by law.

PA law does not allow garnishment of wages. My understanding is that bank accounts (under $10,000) that receive recurring electronic deposits CAN be seized as long as the funds are not from SS/SSI/disability income.

Good news for me is that this landlord does not seem to be judgement-proof. He's unmarried/single. He singly owns outright the single-family home he occupies--no mortgage attached to property deed. He singly owns a duplex home rental property--mortgage still attached. He owns a mid-2000s entry level luxury car that he revealed on Facebook that he just finished paying off. Also revealed on Facebook, he owns valuable electronics including iPads, large flat-screen TVs, and video game systems. Entry- to mid-level home furnishings from a home purchased and furnished about 4 years ago. Finally, I have the facsimiles of the rent checks paid to him, so I know where he banks.

Once I have the writ of execution, is there anything I can do first before going to the sheriff? Can I drive to the banks I know he uses with the writ of execution and demand enough to settle the debt? If not, what sort of costs am I going to incur by asking the sheriff to: seize bank accounts, place liens against his two real properties, and organize the seizure/storage/sale of his personal possessions?

TL;DR Won money judgement against defendant. Will have writ of execution in a few days. How do I collect? How do I approach sheriff? What are the associated sheriff costs, and can I get them reimbursed by defendant during collection proceedings?

Get a writ of garnishment against the bank account you paid rent into instead.

# ? Aug 20, 2013 13:19

joat mon: Oct 15, 2009; I am the master of my lamp;
I am the captain of my tub.

Arklan posted:

I didn't see anything covering this in the last few pages.

I had a summons to go to court, but when I arrived I was told that the information I'd received was wildly wrong. I'd been sent to the wrong building and the correct time for my court appearance was about four hours earlier than what was on the summons I'd been issued. As a result, I've missed court entirely. I've been told I've probably received a 'default judgement.' Is there anything I can do about this? I'm in Illinois.

Thanks.

Call the correct court and find out what happened; tell them what happened.
Get a lawyer.
You should have spoken with a lawyer like 30 days ago when you got the summons.
Get a lawyer to vacate the default judgement. (if that's what happened)
NOW. The faster you act to correct this, the better your chances.
Get a lawyer.

# ? Aug 20, 2013 13:40

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

Arklan posted:

I didn't see anything covering this in the last few pages.

I had a summons to go to court, but when I arrived I was told that the information I'd received was wildly wrong. I'd been sent to the wrong building and the correct time for my court appearance was about four hours earlier than what was on the summons I'd been issued. As a result, I've missed court entirely. I've been told I've probably received a 'default judgement.' Is there anything I can do about this? I'm in Illinois.

Thanks.

In the future, whenever that happens, one thing to do would be to go immediately to the correct courthouse and tell them what happened.

# ? Aug 20, 2013 13:49

euphronius: Feb 18, 2009

goku chewbacca posted:

TL;DR Won money judgement against defendant. Will have writ of execution in a few days. How do I collect? How do I approach sheriff? What are the associated sheriff costs, and can I get them reimbursed by defendant during collection proceedings?

How much is the judgment and in what county.

# ? Aug 20, 2013 14:22

egoslicer: Jun 13, 2007

Appreciate the answers to my questions, editing out the original post due to advice received. Thank you all.

egoslicer fucked around with this message at 03:45 on Aug 21, 2013

# ? Aug 20, 2013 17:21

Ham Equity: Apr 16, 2013; The first thing we do, let's kill all the cars.; Grimey Drawer

joat mon posted:

Call the correct court and find out what happened; tell them what happened.
Get a lawyer.
You should have spoken with a lawyer like 30 days ago when you got the summons.
Get a lawyer to vacate the default judgement. (if that's what happened)
NOW. The faster you act to correct this, the better your chances.
Get a lawyer.

This really depends on what the summons was for. Are we talking small claims court, speeding ticket, or, like, full-fledged lawsuit?

# ? Aug 20, 2013 17:51

Ham Equity: Apr 16, 2013; The first thing we do, let's kill all the cars.; Grimey Drawer

egoslicer posted:

In the state of Tennessee, I was employed as an IT Director of my former employer. I left the job when I found a better position. My former employer is now saying I read an email in which they discussed my performance while I was employed and is suing me for unauthorized access. During the course of my job, I was also the person who setup the exchange server and its administrator. I have hired a lawyer and the outlook is good on my end, however I still am a bit worried. I am unable to find anything similar on Google, to see how such a thing would go. Thoughts?

I should add, that the alleged unauthorized access was while I was an employee there, acting in the capacity as an email server admin and IT Director.

IANAL. Your lawyer is going to know all of the pertinent details regarding your case in particular.

It does seem, however, that arguing that your email server admin isn't authorized to access email is a bit of an uphill battle. You should always be on top of poo poo like this, and the biggest thing is to do everything your lawyer tells you to do. If you're doing everything your lawyer tells you to do, there's not really anything else you can control, so really the best thing you can do is to stop worrying about the poo poo you can't control, and otherwise go about your life normally.

# ? Aug 20, 2013 17:56

flakeloaf: Feb 26, 2003; Still better than android clock

I am also not a laywer but this sounds like an ex post facto temper tantrum to me. You were the IT director in charge of the email system: a reasonable person would expect you to have access to all corporate emails, it's possible you could have happened upon this alleged email during the course of your duties. I wouldn't lose any sleep over this one.

# ? Aug 20, 2013 18:16

egoslicer: Jun 13, 2007

flakeloaf posted:

I am also not a laywer but this sounds like an ex post facto temper tantrum to me. You were the IT director in charge of the email system: a reasonable person would expect you to have access to all corporate emails, it's possible you could have happened upon this alleged email during the course of your duties. I wouldn't lose any sleep over this one.

Thanks for the above replies. I pretty much have the same reasoning, and I have a good idea that this is a tantrum of sorts due to some personal issues I had with a peer there.

# ? Aug 20, 2013 18:27

goku chewbacca: Dec 14, 2002

goku chewbacca posted:

Questions about collecting on a judgement in Pennsylvania.
TL;DR Won money judgement against defendant. Will have writ of execution in a few days. How do I collect? How do I approach sheriff? What are the associated sheriff costs, and can I get them reimbursed by defendant during collection proceedings?

CaptainScraps posted:

Get a writ of garnishment against the bank account you paid rent into instead.

I've Googled for Pennsylvania writ of garnishment, and it keeps coming back to the writ of execution--PA code regarding it or the PDF form for it. From what I've read in the PA code for ENFORCEMENT OF MONEY JUDGMENTS, it seems Pennsylvania leaves the process up to the sheriffs. I, myself, may be able to place liens against his real property by taking the Abstract of Judgement and the Writ of Execution to my County Recorder office to register the lien. Accounts and physical personal property can only be levied by the sheriff. Someone please correct me if I'm wrong.

euphronius posted:

How much is the judgment and in what county.

The magisterial district court judgement and all the landlord's property are in Lackawanna County. The amount is likely too small to warrant the expense of an attorney. Judgement is equal to one month of rent plus $129 in court/summons fees.

# ? Aug 20, 2013 18:36

euphronius: Feb 18, 2009

The sheriff usually enforces judgments, yes.

And you are right that is not large enough for a lawyer to be interested, most likely.

# ? Aug 20, 2013 18:45

Arcturas: Mar 30, 2011

There's usually a civil process division of the local sheriff's office that handles writs of garnishment and execution. Give them a call and ask nicely, and they'll usually walk you through how to do things.

# ? Aug 20, 2013 18:47

Ham Equity: Apr 16, 2013; The first thing we do, let's kill all the cars.; Grimey Drawer

I know in the case of Seattle courts, they have a walkthrough for collecting on a judgment on their website. Check your state/locality's website, maybe?

And if it's not there, like Arcturas said, there is probably someone at the small claims clerk's or sheriff's office who can walk you through it.

# ? Aug 20, 2013 18:52

Kalman: Jan 17, 2010

egoslicer posted:

In the state of Tennessee, I was employed as an IT Director of my former employer. I left the job when I found a better position. My former employer is now saying I read an email in which they discussed my performance while I was employed and is suing me for unauthorized access. During the course of my job, I was also the person who setup the exchange server and its administrator. I have hired a lawyer and the outlook is good on my end, however I still am a bit worried. I am unable to find anything similar on Google, to see how such a thing would go. Thoughts?

I should add, that the alleged unauthorized access was while I was an employee there, acting in the capacity as an email server admin and IT Director.

You want to look up CFAA cases dealing with employee access. Different jurisdictions have different interpretations of unauthorized access in the context of an employee (off the top of my head, no idea what Tennessee's circuit thinks) so it's going to be pretty fact dependent. The crux of the question is whether authorization implies technical controls only or whether policy controls count as well (I.e. if you could read other people's emails but were told not to, some places makes it a CFAA violation, others don't.)

And by you, I mean your lawyer should be looking this up for you.

# ? Aug 20, 2013 20:50

WhiskeyJuvenile: Feb 15, 2002; by Nyc_Tattoo

And shut up about it otherwise, just because of potential criminal bullshit with CFAA.

# ? Aug 20, 2013 22:26

fordan: Mar 9, 2009; Clue: Zero

Kalman posted:

You want to look up CFAA cases dealing with employee access. Different jurisdictions have different interpretations of unauthorized access in the context of an employee (off the top of my head, no idea what Tennessee's circuit thinks) so it's going to be pretty fact dependent. The crux of the question is whether authorization implies technical controls only or whether policy controls count as well (I.e. if you could read other people's emails but were told not to, some places makes it a CFAA violation, others don't.)

And by you, I mean your lawyer should be looking this up for you.

Would the CFAA (and ECPA) come into play for a civil suit?

# ? Aug 20, 2013 22:30

Sir John Falstaff: Apr 13, 2010

fordan posted:

Would the CFAA (and ECPA) come into play for a civil suit?

Yes. (Of course, the employer here might have trouble with the "caused damage or loss of at least $5,000" element.)

# ? Aug 20, 2013 22:36

Kalman: Jan 17, 2010

Sir John Falstaff posted:

Yes. (Of course, the employer here might have trouble with the "caused damage or loss of at least $5,000" element.)

Loss can include cost of investigation and reparation, iirc, so not as hard as it sounds.

(Yes, CFAA has a civil component, most frequently invoked these days in ex-employee situations that have more to do with trade secrets or confidential business info than with hacking. The CFAA is a deeply flawed law.)

# ? Aug 20, 2013 22:43

patentmagus: May 19, 2013

Kalman posted:

Loss can include cost of investigation and reparation, iirc, so not as hard as it sounds.

(Yes, CFAA has a civil component, most frequently invoked these days in ex-employee situations that have more to do with trade secrets or confidential business info than with hacking. The CFAA is a deeply flawed law.)

Yup, section g provides for a civil action. http://www.law.cornell.edu/uscode/text/18/1030

Section (g): .... A civil action for a violation of this section may be brought only if the conduct involves 1 of the factors set forth in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i).

When I check subsection (c)(4)(A)(i), it looks like the ex-employer is the U.S. government?

egoslicer, Shut up and talk only to your lawyer. Are you trying to get lowtax subpoenaed?

If you aren't happy with your lawyer then engage another one for a consult and possibly to take over the case. Attorney-client privilege is your friend. None of us are your lawyer, these forums are discoverable, and likely will be reviewed by the other side (same as your facebook page, cell phone texts, etc.).

patentmagus fucked around with this message at 23:50 on Aug 20, 2013

# ? Aug 20, 2013 23:47

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# ? Jun 5, 2024 22:10

Karma Comedian: Feb 2, 2012

Hey lawyer goons. I know this isn't the thread for specific legal advice but I need to get a little specific to ask the question.

I live in Washington State and was at work 3 days ago when a customer came in, stole my personal cell phone, pushed me, and then punched me in the back of my head. The police at the time did not arrest the customer the reasoning behind which is totally beyond me. As a result of this incident I was suspended from work for a day while it was investigated.

Can I press criminal charges against the customer and if so, how?

# ? Aug 21, 2013 17:44

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: I believe the problem is that they need a well, actually

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