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Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...
But what if I really want it to be?

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Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Volmarias posted:

But what if I really want it to be?

You can want in one hand and poo poo in the other. See which fills up first.

PHIZ KALIFA
Dec 21, 2011

#mood

Organza Quiz posted:

"I know where you live" is not a direct threat.

He has made other threats, to multiple other people. "don't make me angry, I will hurt you" "i will end you" among others.

Mr. Nice! posted:

If someone is stalking/harassing you, call your local non-emergency police line and ask what to do. This type of poo poo is routine for them. They may even have the procedures posted online because this is a common enough problem. Someone mailing you a book to harass you is not mail fraud, though, because they're not trying to take anything from you.

I did that, they told me to wait to hear back from the postal inspectors. I want to know if there's anything else I should be following up on while I wait to hear back.

TacoHavoc
Dec 31, 2007
It's taco-y and havoc-y...at the same time!

PHIZ KALIFA posted:

"I know where you live." I understand addresses are generally considered public information but I have taken steps to obscure myself after a doxxing a few years back.

.....

edit- I've confirmed his job has a zero tolerance policy for abusive behavior, so if nothing else pans out he's losing his job at the very least.

I know where you work.

euphronius
Feb 18, 2009

Harassment can be as little as a summary offense in some places so ...

euphronius
Feb 18, 2009

The relative toothlessness of the harassment crime is why protection from abuse statutes are so important

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
I know where you post

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

Discendo Vox posted:

I know where you post

This is extortion according to r/legaladvice.

Badger of Basra
Jul 26, 2007

I'm not sure if this is the right thread for this question but I'm not really sure where else it would go.

Is there a legal/regulatory reason that in the US we have companies trying to make their own rapid coronavirus tests, instead of just using the ones that South Korea already has and that appear to work well? Or is it just part of the general refusal of the US to learn anything from other countries?

sullat
Jan 9, 2012

Badger of Basra posted:

I'm not sure if this is the right thread for this question but I'm not really sure where else it would go.

Is there a legal/regulatory reason that in the US we have companies trying to make their own rapid coronavirus tests, instead of just using the ones that South Korea already has and that appear to work well? Or is it just part of the general refusal of the US to learn anything from other countries?

I think they rejected the help so that the president's son-in-law and various Republican donors could invest heavily in making their own tests. There are some regulatory hurdles to getting tests accepted, but they've mostly been waived now as long as you're well-connected. The problem with South Korean tests ultimately is that it's harder for the administration to make a profit off them.

PHIZ KALIFA
Dec 21, 2011

#mood

euphronius posted:

The relative toothlessness of the harassment crime is why protection from abuse statutes are so important

i asked him to stop stalking a female friend of mine for saying that she had heard allegations of sexual assault against guy fieri. i am being threatened by a guy fieri stan.

i ask that the other chucklefuckers in this thread give the threats of violence against my 8 month old child the seriousness they deserve.

Javid
Oct 21, 2004

:jpmf:
Welcome to what a literal joke our legal system's handling of threats from crazy people is

PHIZ KALIFA
Dec 21, 2011

#mood
should i dox him to his job before i apply for a restraining order, or after

evilweasel
Aug 24, 2002

Badger of Basra posted:

I'm not sure if this is the right thread for this question but I'm not really sure where else it would go.

Is there a legal/regulatory reason that in the US we have companies trying to make their own rapid coronavirus tests, instead of just using the ones that South Korea already has and that appear to work well? Or is it just part of the general refusal of the US to learn anything from other countries?

this is not really the thread but i don't believe the issue is primarily legal

norton I
May 1, 2008

His Imperial Majesty Emperor Norton I

Emperor of these United States

Protector of Mexico

Badger of Basra posted:

I'm not sure if this is the right thread for this question but I'm not really sure where else it would go.

Is there a legal/regulatory reason that in the US we have companies trying to make their own rapid coronavirus tests, instead of just using the ones that South Korea already has and that appear to work well? Or is it just part of the general refusal of the US to learn anything from other countries?

There's strong regulatory pressures that are difficult to handle if you're not already in the market. The CDC sought to monopolize testing early on and it turns out they don't know how to do quality manufacturing.

I used to work for a place that managed to get an EUA for their test and I understand it was difficult to get data together in time, even with the test being based on an approved assay with minimal part#s changed.

euphronius
Feb 18, 2009

Your luck in getting a restraining order will depend on the state law

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

PHIZ KALIFA posted:

i am being threatened by a guy fieri stan.


Sorry I'm unfamiliar with the Flavortown Penal Code

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

Badger of Basra posted:

I'm not sure if this is the right thread for this question but I'm not really sure where else it would go.

Is there a legal/regulatory reason that in the US we have companies trying to make their own rapid coronavirus tests, instead of just using the ones that South Korea already has and that appear to work well? Or is it just part of the general refusal of the US to learn anything from other countries?
We are importing a bunch of the ones South Korea has made, they got emergency approval. There are two different testing regulatory infrastructures: one of the nasal swab/active virus test, which is highly narrow and restrictive, and one for antibody tests, which in order to get a tentative approval, all you have to do is fill out some paperwork, and is basically the wild west.

If this--like distributing your PPE by giving it to private companies to sell to states--seems like a bad idea, I would suggest that you are in fact being owned, you liberal snowflake cuck.

Dead Reckoning
Sep 13, 2011

PHIZ KALIFA posted:

i ask that the other chucklefuckers in this thread give the threats of violence against my 8 month old child the seriousness they deserve.
If he's articulated specific true threats against your child, you definitely should have led with that instead of being mailed an unwanted book. The whole "when this guy gets mad at you online, he mails you a book titled 'you are an rear end in a top hat' is this mail fraud" seems rather small potatoes in comparison if that's the case.

Does this person live in the same town/county/state as you, or do you only know them online?

Sir John Falstaff
Apr 13, 2010

PHIZ KALIFA posted:

i asked him to stop stalking a female friend of mine for saying that she had heard allegations of sexual assault against guy fieri. i am being threatened by a guy fieri stan.

i ask that the other chucklefuckers in this thread give the threats of violence against my 8 month old child the seriousness they deserve.

1. You never mentioned any threats against a child before.

2. In general, most people seem to be more focused on pointing out that, even if the circumstances are as you describe them, it's not "mail fraud" and probably much more of a concern for local law enforcement than postal inspectors.

3. That said, in general my impression is that even local law enforcement isn't terribly keen on refereeing online slapfights, even if they get heated, unless there are credible threats of violence or maybe if it's constant harassment over a period of time.

Sir John Falstaff fucked around with this message at 19:55 on May 20, 2020

VanSandman
Feb 16, 2011
SWAP.AVI EXCHANGER
I have a corporate law question.

Let's say one person, a Mr. M, is the majority owner and CEO of a large corporation, and has, in recent years, driven it into the ground. Is there any way for other shareholders to force them to give up control or can they do nothing but sell the stock and get out of the game?

evilweasel
Aug 24, 2002

VanSandman posted:

I have a corporate law question.

Let's say one person, a Mr. M, is the majority owner and CEO of a large corporation, and has, in recent years, driven it into the ground. Is there any way for other shareholders to force them to give up control or can they do nothing but sell the stock and get out of the game?

I'm assuming in your hypothetical he's just a moron rather than actively stealing or poo poo. A CEO may be liable for a breach of the duty of care: i.e. the shareholders can sue him for being a negligent idiot. Would highly depend on the state and the specific facts, and would be a hard case to win, and you would need to show a lot more than he was making decisions that, in hindsight, were bad.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

VanSandman posted:

I have a corporate law question.

Let's say one person, a Mr. M, is the majority owner and CEO of a large corporation, and has, in recent years, driven it into the ground. Is there any way for other shareholders to force them to give up control or can they do nothing but sell the stock and get out of the game?

Lots of different large corporations have lots of different types of shareholders, and voting stock and rights and poo poo. The short answer to your question is, "Not exactly, the board of Directors typically hires and fires the CEO (but in some corps, the CEO is elected by Shareholders).", but yes, there are certain kinds of shareholder voting rights in some corporations where if one shareholder has enough of the shares they can get the votes necessary for those kinds of actions. Lastly, there is a kind of lawsuit where shareholders can sue the corporation for not doing everything it can to maximize the shareholder's stock value, but these are rare and typically unsuccessful.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

VanSandman posted:

I have a corporate law question.

Let's say one person, a Mr. M, is the majority owner and CEO of a large corporation, and has, in recent years, driven it into the ground. Is there any way for other shareholders to force them to give up control or can they do nothing but sell the stock and get out of the game?

Has he driven it into the ground intentionally, or just stupidly? Is there any kind of evidence of fraud?

Eminent Domain
Sep 23, 2007



PHIZ KALIFA posted:

should i dox him to his job before i apply for a restraining order, or after

Probably not a great idea.

euphronius
Feb 18, 2009

blarzgh posted:

Lots of different large corporations have lots of different types of shareholders, and voting stock and rights and poo poo. The short answer to your question is, "Not exactly, the board of Directors typically hires and fires the CEO (but in some corps, the CEO is elected by Shareholders).", but yes, there are certain kinds of shareholder voting rights in some corporations where if one shareholder has enough of the shares they can get the votes necessary for those kinds of actions. Lastly, there is a kind of lawsuit where shareholders can sue the corporation for not doing everything it can to maximize the shareholder's stock value, but these are rare and typically unsuccessful.

The later are usually thrown out with the “business judgment rule” which is the judge doesn’t insert her own opinion in what is a “bad deal” and defers to the business judgment of the people who got her a judgeship in the first place

euphronius
Feb 18, 2009

If you are bored and want to learn about how loving stupid American corporate law is : this case is awesome


https://courts.delaware.gov/opinions/download.aspx?ID=77400

Skip to page 86 for the waste claim but the facts are amazing

euphronius fucked around with this message at 21:48 on May 20, 2020

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

VanSandman posted:

I have a corporate law question.

Let's say one person, a Mr. M, is the majority owner and CEO of a large corporation, and has, in recent years, driven it into the ground. Is there any way for other shareholders to force them to give up control or can they do nothing but sell the stock and get out of the game?

You probably aren't going to get control of your dad's pizza shop.

homullus
Mar 27, 2009

euphronius posted:

If you are bored and want to learn about how loving stupid American corporate law is : this case is awesome


https://courts.delaware.gov/opinions/download.aspx?ID=77400

Skip to page 86 for the waste claim but the facts are amazing



I think my "favorite" is still Dodge v. Ford, where dem Dodge Brothers successfully sued progressive Jews-hater Henry Ford for giving "I think it will help people" as his reason for re-investing profits in the company. If he had still decided to raise salaries and invest profits in more factories, but instead had said "I think it will help the company," Ford could have won. The Dodge brothers were both murdered by a notorious gang of flu viruses shortly thereafter, and so only their widows got to watch capitalism unhinge its jaw and begin swallowing the country.

Devor
Nov 30, 2004
Lurking more.

therobit posted:

You probably aren't going to get control of your dad's pizza shop Trump Organization.

euphronius
Feb 18, 2009

I like the Del SC’s style of using footnotes in opinions

I should start doing that in my legal writing all the time. It makes it so much more readable. However assassination by parenthetical quote is still awesome

The other parties claims are completely stupid. See eg (“their case is completely without merit.”)

Arcturas
Mar 30, 2011

Yeah, as a general rule CEOs are hired and fired by a corporation's board of directors. The board of directors is appointed by vote of the shareholders. So a CEO can be fired by the board of directors if they lose confidence in him, and a shareholder's recourse is to either sell and get out, or convince enough other shareholders to vote out enough of the board that they get new directors willing to remove the CEO.

This can all be complicated by the actual corporate documents and the relevant contracts. For instance, articles of incorporation could reserve a certain number of board seats for specific classes of shareholders (or individuals). That's pretty common when you've got minority shareholders who demand a seat at the table, or founders who are selling public stock to raise capital but want to retain control of the company. The articles could also provide for appointment of a specific CEO, a supermajority to fire the CEO, etc. I haven't looked at Tesla's articles or whether there are preferred classes and all that, so you'd have to go digging there.

As a practical matter, publicly-traded corporations tend to be controlled by large voting blocks of investors (mostly pensions or other institutional investors) that appoint boards of directors that hire CEOs. Individual investors can only very rarely get the voting share to do anything, because they don't bother to coordinate as a large enough group.

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

VanSandman posted:

I have a corporate law question.

Let's say one person, a Mr. M, is the majority owner and CEO of a large corporation, and has, in recent years, driven it into the ground. Is there any way for other shareholders to force them to give up control or can they do nothing but sell the stock and get out of the game?
Activist investors are definitely a thing. Usually requires the group having 10% ownership in the company.

euphronius
Feb 18, 2009

I’m 99% sure Tesla is a Delaware Corp

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

For clarity, a claim of "waste" is part of a suit to recover money because the corporation you own shares of did such an awful job with its own assets. This means that if a shareholder can prove that a Corporation just 'gave away' money, they can sue the corporation and win. Now guess how many board members think about that when somebody suggests they do something charitable with corporate money.

fuzzy_logic
May 2, 2009

unfortunately hideous and irreverislbe

I got a notice from an insurance abrogation place - basically, I got injured at a gym years ago and needed physical therapy to fix it. I think my insurance is going after the gym owner to make him pay for it, which doesn't bother me since the guy sucks, but they're asking for details and whether I have an attorney and stuff. My understanding was I tell them what happened and they deal with it, I don't want to get dragged into a whole thing with this guy, and I don't even remember the specifics very well anymore because it wasn't a huge deal at the time. I just still had the injury months later and it wasn't getting better so I went in to get it fixed. A couple other people have been injured at this place recently too so I wonder if someone got money out of him and is trying to find other claimants to come forward or something. My question is if I go ahead and give them details what happens, do I have to come in and testify and stuff? I'm not getting any money or anything out of it so I'm disinclined to spend a bunch of time and stress on it.

euphronius
Feb 18, 2009

The lawyer calling you as a witness may pay your travel and expenses

Ham Equity
Apr 16, 2013

The first thing we do, let's kill all the cars.
Grimey Drawer

fuzzy_logic posted:

I got a notice from an insurance abrogation place - basically, I got injured at a gym years ago and needed physical therapy to fix it. I think my insurance is going after the gym owner to make him pay for it, which doesn't bother me since the guy sucks, but they're asking for details and whether I have an attorney and stuff. My understanding was I tell them what happened and they deal with it, I don't want to get dragged into a whole thing with this guy, and I don't even remember the specifics very well anymore because it wasn't a huge deal at the time. I just still had the injury months later and it wasn't getting better so I went in to get it fixed. A couple other people have been injured at this place recently too so I wonder if someone got money out of him and is trying to find other claimants to come forward or something. My question is if I go ahead and give them details what happens, do I have to come in and testify and stuff? I'm not getting any money or anything out of it so I'm disinclined to spend a bunch of time and stress on it.
IANAL, and this probably varies by state. There is likely a provision in your policy that requires you to participate in investigations and litigation. Most companies will pay you for your travel and expenses. You can also say "no," which could force them to subpoena you if they want you to testify, but a lot of places won't do that because it makes for a poor witness. That being said, from my experience of several years working at an insurance defense law firm, the most likely scenario from you answering their questions is that they settle out of court with the gym owner, pretty low odds of you having to show up for court; higher odds of you having to show up for a deposition.

Again, IANAL.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

blarzgh posted:

For clarity, a claim of "waste" is part of a suit to recover money because the corporation you own shares of did such an awful job with its own assets. This means that if a shareholder can prove that a Corporation just 'gave away' money, they can sue the corporation and win. Now guess how many board members think about that when somebody suggests they do something charitable with corporate money.

Couldn't you make a pretty easy argument that charitable giving could be considered explicitly advertising, PR, or even a form of compensation in the form of warm fuzzies for your employees?

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euphronius
Feb 18, 2009

Yes and it’s never really questioned

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