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greazeball posted:Can one of you kind ladies or gentlemen please help me with a translation problem? If the "subsidiaries" are individuals/people, then she "Held a limited(not constructive) Power of Attorney for the contractual relationships of these individuals" If the "subsidiaries" are companies, then she was a "Contract Analyst".
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Nov 10, 2011 20:40
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bigpolar posted:The easiest and cheapest solution for you is still going to be negotiating a voluntary dissolution of your lease. Get everything in writing! /\ /\ DO THIS. None of your other options are worth the hassle. Edit: the voluntary dissolution should have 4 key elements 1) "The lease is hereby terminated" 2) "any and all rights and obligations, duties unperformed, and performances unrendered under the lease are hereby discharged" 3) "Tenant has X days to vacate the property from the date of signature" 4) Both of your names and signatures, dated. blarzgh fucked around with this message at 22:47 on May 16, 2012 |
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May 16, 2012 22:40
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Windfall posted:
New federal laws protect "bona fide tenants" who's rental property is foreclosed on. May even prevent eviction through remaining term on the lease, and through statutory notice period.
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Jun 6, 2013 05:30
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Poldarn posted:I’m planning on just waiting to hear from her lawyer in any case. How strong of a case would she have taking this to court/ sending collections after me/ whatever? My state's law is probably different than Canadian Law, but a Judgement that is final is final. Further, most states in the U.S. have laws against submitting baseless claims to collections. You're probably fine, and don't spend money on your own lawyer until you find out that she has hired her own. There isn't a goon lawyer on this site that would take her case. blarzgh fucked around with this message at 06:02 on Jun 6, 2013 |
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Jun 6, 2013 05:34
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KillHour posted:Quoting this from earlier since I didn't get a response. Not sure if it got looked over, or if there just aren't any lawyers in the thread that specialize in privacy rights. I'm sure the answer varies wildly between jurisdictions, but most of my clients ignore my advice to get a lawyer and some general guidance would help. as an extremely general rule, the tort of "invasion of privacy" would be the civil recourse against an undisclosed recording. In my state, the tort requires that the invader "publish" the material, causing harm to the victim. further, the information gleaned would have to be private information, and speaking the information out loud, in a public setting or to another person destroys that privacy. generally. If I were you, I'd be more concerned with accessory liability for any criminal conduct. Its a tall order to ask for all criminal codes relevant to surreptitious recordings from all 50 jurisdictions + Canada on this message board, but if you're installing equipment to aid in the commission of a criminal offense, then you're generally culpable as well. "I didn't know it was illegal" is not a defense. Be careful. Talk to a local attorney.
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Jun 6, 2013 06:01
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KillHour posted:Every time the subject of audio or anything else remotely sketchy comes up, I only say "I recommend consulting with a lawyer regarding this opportunity" and leave it at that, but I just want to make sure that's enough. See, now you're asking about "Products Liability" which is, again, different from state to state. As only an extremely general rule, manufacturers and distributors are only liable for their products if the product is defective, or inherently dangerous to use when there is an easy way to have made the product safer. Thats not your issue, though. Goon Criminal Attorneys: Whats the culpability for sale of a product that the seller knows the buyer intends to use to commit a criminal act? anything? /\ /\ Thats the question you need your legal department to research.
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Jun 7, 2013 02:25
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Guy Axlerod posted:I saw this video of a guy directing traffic: https://www.youtube.com/watch?v=WPhl5T6FwhI Yes
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Jun 7, 2013 22:58
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katkillad2 posted:This is a multinational company, I guess that is my concern and I just don't know if this fits with what the small claims court handles if it comes to that. In my state, Small Claims Court is for disputes less than $10,000.00, so I would assume your situation would fall there as well. Except, why would you take them to small claims court? They don't owe you anything do they? If they wanted to collect, they would either keep asking you themselves, submit the claim to their collection agency and have them ask you to pay, or go to small claims court in Ohio and sue you. Consumer Credit Goons: Am I right that claim or dispute not involving the extension of credit or a secured claim wouldn't be submit-able to credit reporting agencies? A contract or money had/quantum meruit dispute like the above can't show up on your credit report, I wouldn't think? Thats a consideration
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Jun 7, 2013 23:04
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Venetir posted:Hey everyone! I have a question about presenting evidence in small claims court. I'm suing my ex-landlord over a whole slew of things. Organize each item into individual "Exhibits". Make at least two copies of each. Go to office depot and buy a set of "Exhibit Stickers" that you can apply to each item as you hand them to the court. Organize them in your binder or whatever however works best for your presentation. When you want to show one to the court, you say the following: 1) "Here is (an email/text message/lease) that says (what it says). "I would like to offer this as Exhibit ____" a) If no objections, hand it to the Judge and give a copy to the defendant. b) If defendant says "I've never seen that before, its a fake!", then proceed to 2) 2) "I recognize this and I have personal knowledge of its contents." 3) "I recognize this as a true and correct copy of the original." 4) "I would like to offer this as Exhibit ____" Venetir posted:How should I present all of this so the judge's head doesn't explode? one by one, and in whatever format that shows the sender, recipient, text of the message, and date/time stamp. same thing for any reply emails you may have sent. If you need to edit, cut, paste, or manipulate the document to make it easier for the judge to read and understand, then feel free so long as the contents of the communications remain unaltered. If there is an issue as to the form of the communication, the onus is on the defendant to object to it. JP courts have wide discretion, generally, and if you garner favor with the judge, you should get the court to accept all the evidence you need. Venetir posted:I also received some text messages from the landlord I'd like to use as evidence. I have them backed up to my g-mail account. How exactly should that be presented? Print them out, individually, however you can so that they show the sender, recipient, text of the message, and date/time stamp. Venetir posted:should I also write up a short summary of what I'm suing for, what makes me feel justified in doing so, and references as to which parts of the evidence back up each point? Yes. This will not be an exhibit, but it will make for a good outline to help you as you organize your thoughts and words. Use it like a script. As a final piece of advice, try to weed out anything that is totally irrelevant or unnecessary. If you start wasting a judge's time with "and heres an email where he called me a butt-head", you're going to try the court's patience. Remember that you are in a room full of humans, with human emotions and human attention spans.
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Jun 11, 2013 22:25
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Venetir posted:It's 23 separate subject lines with 10-15 responses apiece, so I'm sitting on a little over 300 e-mails to organize on top of all the other physical paperwork. P.S. there is no way you need 300 emails to prove your case. I honestly can't give you any advice on how to trim the fat, because you don't want to leave out the one email you need, but if you try to present that many emails to a freaking JP judge you're in trouble. I don't know what to tell you. Ask an attorney in your jurisdiction.
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Jun 11, 2013 22:31
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Venetir posted:Got it! It sounds like I should compile each e-mail into a pdf file and print it out with page numbers and numbers for each of the replies, so I can say, for example, "see Exhibit C, Page 4, E-mail 9" or the like. Then we'll make excerpts showing the most relevant e-mails (so the judge doesn't want to kill me), and for each excerpted e-mail reference back to its exhibit, page, and e-mail number. What about this: 1 binder with the 7 - 10 emails that you feel prove the essential prts of your case, and the other documents. 2 - X binders with the rest of your emails, with just a red sticky/tab on each important email so that if it comes up you can run to it real quick. I'm telling you, if you bog down in 300 emails, the judge is going to get tired of you.
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Jun 12, 2013 02:13
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Large Hardon Collider posted:Well, I just got a copy of the lease, with our landlord's signature at the bottom. There's no 60 day notice clause. I'll bet you a donut there is a "no-subletting" clause in it, and the landlord is going to claim thats a breach. The lease probably sets out your entitlement to refund of the security deposit in the event of a breach. MA should have landlord/tenant statutes dealing with return of securtiy deposit, and more importantly, the statutory minimum for notice to move out. You had really better get your ducks in a row before you start sending demand letters, whether nice or lovely.
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Jun 12, 2013 03:59
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Panda Time posted:I'm also curious as to what laws there may be regarding a situation where a manager has taken employee #1's product and discounted it (in order to sell a warranty to the same customer, although giving commission to employee #2) without the consent of employee #1 - consequently resulting in the removal of employee #1's commission payments due to an automated company policy. Most places, its straight "Whats in your contract?" California is pretty goofy, though, but I don't see anything on the regulation of commission payments. There aren't many protections for commissioned employees in general. Unless a California goon can navigate the Golden State's lovely legislative codes page better than I can... how much money is this dispute over?
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Jun 12, 2013 04:09
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euphronius posted:Or a trust. Trust: the idea would be to put the house into a trust with the three of you as bennys, and each year you would get $28,000 more of the house. If his parents aren't particularly wealthy, though, isn't the Lifetime exclusion up to 5 mil? An acceptable estate planning Attorney will be able to draft the docs up for you and walk you through the process. Its worth the grand or two you should spend on it to have it done right.
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Jun 14, 2013 00:31
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Angry Hippo posted:I am back on my feet and standing tall above you.
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Jun 14, 2013 00:38
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euphronius posted:It's complicated but basically your lifetime REPORTED gifts over the annual limit are added to your taxable estate and everyhting over ~5.1 mill is federally taxable at death assuming no unused spousal exemption carried over. I wonder how much the house is worth. I hate math, but if its going to take 20 years for him to take title outright, then paying a little income tax on an amount over the per donor/per donee exclusion might be worth it. Something for him to talk about with his attorney.
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Jun 14, 2013 00:41
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Cormack posted:It was a statement made about things happening outside a courtroom. That's totally hearsay, right? A statement, made outside the courtroom, offered in court, to prove the truth of the matter asserted. unless it falls under one of the bajillion exceptions, or the evidence is offered without objection.
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Jun 14, 2013 00:44
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Jastiger posted:1) ...but if the damages exceed my insurance limit, do I have reason to be worried? 1) It depends on Iowa law. In Texas, as in most states, there is a Texas Standard Auto Insurance Policy, that is generated by the Texas Department of Insurance. Generally, every policy that Geico, or Progressive, or whoever issues to a Texas driver is that exact same policy. Whether or not Iowa law allows for recovery above its State Standard Auto Policy limits is a question for Iowa Law Goons. 2) The fact that its all bullshit sounds like the best chances for your 'defense' here. 3) Your insurance company has a duty to Defend and Indemnify you. If you ever have to testify, or be deposed (i assume they're called depositions everywhere), then yea, you'll probably have to drive back to IA. That said, I wouldn't worry about any of it. Your insurance company will handle everything, and from what you've told us, there's pretty much no chance you will ever have to pay anyone a dime. You can seriously relax, this stuff happens all the time (in our world.)
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Jun 18, 2013 21:32
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Thanatosian posted:The one I've never understood is last words falling under "excited utterance." I mean, if I knew I was gonna die, and could gently caress over some people I didn't like, I'd say all sorts of poo poo about them just to get it entered into the court record. "Last Words"(Generally referred to as 'Dying Declaration') and "Excited Utterance" are two separate exceptions to the hearsay doctrine. Dying Declaration is an exception when the speaker believes his death is imminent. Excited Utterance is when the speaker makes an exclamation due to surprise or duress which deprives him of his ability to form a deceitful state of mind. i.e. "OH poo poo, I JUST RAN THAT MOTHERFUCKING HOBO OVER."
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Jun 18, 2013 21:41
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Arcturas posted:I wouldn't stress too much about it, but make sure that your insurance company's on top of things. Call them every now and then to check on the status of the case. Make sure they've hired an attorney for you to respond to the lawsuit. Call the attorney every now and then to see what's going on. That sort of thing. Hell yes. Remember that they are technically paying for your defense, so you deserve to be involved.
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Jun 18, 2013 21:41
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Other IP Goons I've got a friend who wants me to patent an Idea for him and his friends. I told him first that we would be doing a joint venture, and dumping all present and subsequent IP into a general partnership, and then have that entity apply for whatever patent protection they need. That part is easy, and I can search the USPTO's filings pretty effectively. One of their "developers", we'll call them, is pretty tech savvy, and he would likely be able to generate a satisfactory description of the invention for the application. BUT when it comes to actually applying for the patent, is that something I can teach myself to do, or walk myself through? If not, is there any way to outsource the process piece by piece? I do Oil and Gas, Real Estate, and Business Entity transactional work and litigation, in Texas. blarzgh fucked around with this message at 22:19 on Jun 18, 2013 |
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Jun 18, 2013 21:54
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Thanatosian posted:So, does anyone have any experience with small claims court in Seattle? 1) Slacks, long sleeve-button down, tie. 2) Do you mean expenses relating to the damage you suffered? (like moving expenses and utility connection charges) or expenses of filing and winning the lawsuit, more often referred to as "Court Costs" or "Costs of Court" (filing fees, sometimes attorneys fees)? The statute that you're suing under should define "expenses". Quite frankly, you should ask the court for anything an everything you could possibly be entitled to, and let the judge trim it down on you. But, if you don't ask the court for anything more than $XX.XX, the judge usually won't award it. In fact, it would do you well to say, "Your honor, I'm not seeking expenses or court costs; only XX dollar amount." blarzgh fucked around with this message at 22:20 on Jun 18, 2013 |
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Jun 18, 2013 22:17
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Jastiger posted:The summons DID have a lawyer's name on it. I'm not sure if its a group or not, but its been two years if that means anything as far as retention goes. wait, wait... Suit was filed 2 years ago, or the accident was 2 years ago?!
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Jun 18, 2013 22:22
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Jastiger posted:I just faxed off a copy of the summons a few minutes, ago so no lawyer retained yet. Should I be expecting a phone call from the lawyer they hire, or is it all on me to get in touch with them? You should be expecting to get a call from them. But again: 1) Everything will be fine 2) Feel free to bother them with any questions you have. This is the service you have been paying them for all these years. Get your money's worth.
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Jun 18, 2013 22:25
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Thanatosian posted:I'm referring to court costs; I'm actually just suing for my double my deposit back. I'll put those in along with it, then. "The party who files a claim or counterclaim cannot appeal unless the amount claimed exceeds $1,000. No party may appeal a judgment where the amount claimed is less than $250." http://www.kingcounty.gov/courts/DistrictCourt/SmallClaims.aspx If your security deposit was only $125.00, you must be doing this just for fun. If your question is in regards to the $1,000.00 limit, that means you can only appeal if you sued for more than $1,000.00, and lost.
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Jun 18, 2013 22:30
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dos4gw posted:2) I am not a US lawyer... Over here, in JP court and Small Claims court, a suit almost works against you. The judges aren't licensed attorneys, the claimed amounts cannot exceed $5-$10K in varying jurisdictions, and quite frankly people who do show up in suits are looked at as "uppity", as we like to say here in the south. I've been to JP court in 7 different counties, and I have never seen someone (besides myself) in a full suit.
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Jun 18, 2013 22:34
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patentmagus posted:I've addressed the licensed practitioner issue in a different post. Since you're an attorney, why are you going limited partnership instead of LLC? No Secretary of State filing requirements or fees, no issuance of stock certificates, no corporate assets other than the IP, no liability issues(if they ever went into production, I have advised them to go Manager Managed LLP) and its the best fit for the ownership/management of the situation. The only objective of the entity is to assign ownership interest in the final asset if there is any value. A simple contract raises issues of performance and reciprocal obligations, and they are basically farting around in a garage, so its best to avoid designating responsibilities. a GP is the most enforceable, least encumbering, simplest way of getting what they want. patentmagus posted:find a patent agent or a freshly minted patent attorney. Will do. Finally, "Patent Prosecution." Is it just what it sounds like? Enforcing your patent claim against others, and defending your patent claim in PTO court? Or is this a separate part of the process of applying for a patent that I'm not aware of? Asked a different way, would the Patent Application process be analogous to preparing and filing one's taxes, while Patent Prosecution would be challenging the IRS in Tax Court? Thanks. You guys saved me at least 4 hours.
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Jun 19, 2013 20:36
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flakeloaf posted:A contract that requires you to assume custody of someone else's prized possession and care for it in accordance with its owner's arbitrary standards is already very perilous ground. IAmNotYourRealDad posted:[b]If the RESIDENTS do not keep up the terms of this agreement or do not perform the task in a satisfactory manner (determined by discretion of owner) the RESIDENTS shall be liable for 'coming out rear end first' Its spelled "breach". "Breech" is when the baby horse is being born backwards out of the mother. Stupid horse people.
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Jun 19, 2013 20:41
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Regarding Class Actions: The laypersons aren't aware of this, but the purpose of having Class Action suits is to protect the Defendant Corporations, not the potential plaintiffs. This seems counter-intuitive, unless you consider something like the recent Verizon settlement. What if Verizon had to conduct an individual lawsuit, with 100,000 different people, in 100 different courts, all at once; over $150.00 each. Verizon would immediately go bankrupt. So, instead of bankrupting every major corporation that employs thousands of people, the Class Action process was created. So if you are planning to subvert the class action process to your own end, understand that if your decisions threaten to impact the defendant's procedural rights or the class action suit itself in any negative way, then what you're planning on doing will almost certainly not be permitted, and absolutely won't net you any greater individual benefit than had you followed the class action process. So there.
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Jun 21, 2013 06:47
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illectro posted:So, my youtube channel has become quite popular in the last few months which means I've been approached by a bunch of digital networks to partner with them for promotion, collaboration and stuff (I'm making about $5k from my channel, not huge, but it's growing slowly). Anyway, contracts and term sheets are being sent and it's trouble to read these things without feeling that somewhere in them there's a secret clause that will doom me to digital slavery. Most of these sound like traditional entertainment contracts with the agency taking a cut, and hopefully providing some sort of services to improve the overall revenue generation etc etc. Lawyer up, now. $1,600.00 - $2,500.00 retainer to review and advise you on the contracts, and have him eat it up hourly as you hve questions for him. Doing this will make you money in the future. He will pay for himself.
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Jun 21, 2013 06:51
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illectro posted:1) Do I gain or lose anything in legal protection by signing up with a company that's In California (where myself and youtube are both locates) vs out of state or even out of the country. 99% of contracts contain a "Choice of Forum"/"Choice of Law" clause in them. This is a simple statement that "this contract will be governed by the laws of (state)." The insane amount of variables here make answering your question impossible without having to bill you. CA compared to what state? multiple states?, now compare CA and X state's rules of contractual interpretation, statutes of frauds, common law duties. Now decide which state's laws are better suited to my protection. Would I prefer federal court or local venue.... Nightmare. Get a lawyer.
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Jun 21, 2013 06:56
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Subjunctivitis posted:What kind of recourse does the photographer have for me immediately quitting the internship (i.e. without notice)? Indentured Servitude (also known as 'slavery') is still illegal. You didn't have a contract, and even if you did, you ceased to perform, and he ceased to compensate you for your performance - thats called mutual rescission. Finally, contracts for personal services are unenforceable by specific performance, meaning he cannot force you to perform your end. The Photographer is being an rear end in a top hat.
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Jun 24, 2013 04:24
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You really shouldn't worry. The guy seems like a prissy rear end in a top hat, who thinks he can bully you with harsh threats. I could explain to you the littany of reasons that his claims are baseless, ranging from the Statute of Frauds, to failure of consideration, but. Its late, I'm tired. You have nothing to worry about.
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Jun 24, 2013 04:31
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NancyPants posted:What about tenant farming? I mean The Intern was conceivably sheltered within the building The Photographer owned/leased/squatted in, shouldn't The Intern have to compensate The Photographer in some way for his room and board? Jeez how can a Photographer even expect to make a living in this crazy socialist utopia Share-Cropping...
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Jun 24, 2013 23:03
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baquerd posted:Suppose you're negotiating on your own behalf against a business and they assume you are a lawyer. You are not a lawyer and do not claim you are a lawyer, but do not correct them when they say something like "You're a lawyer, you know how this goes." Could you have any problems resulting from their uncorrected assumption? buzzsaw.gif posted:I agree with this statement in general. However, unless you are providing legal advice or services to the other party, that other party just simply made a mistake. A material mistake of fact, left uncorrected by a party to an agreement who knows of the mistake and is benefiting from the mistake, is not only grounds for rescission of the contract, but also grounds for a cause of action for fraud. Against you. Don't do this, its stupid. Let me put it to you this way: We wrote the rules that get people in trouble for pretending to be one of us - do you really think we would make the consequences "no big deal"? blarzgh fucked around with this message at 23:09 on Jun 24, 2013 |
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Jun 24, 2013 23:07
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buzzsaw.gif posted:wow, yes; as the first reply said: you need a lawyer and additionally you probably need to incorporate. Yea, and the attorney you go get to help you navigate these contract offers will help you with this, too.
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Jun 25, 2013 02:19
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Jet Ready Go posted:I'm looking to file for a trademark for an entertainment website similar to The Verge or Huffington Post... the website to file says I should hire an attorney but I wanted to know how much I should expect to pay for that and what we should go over so I don't waste my own time. If you guys know some default information that'll help me on my way without an attorney that be even better as I don't have a lot of money to spare. At my old firm, we did trademarks for around $550. Filing fees are like $200-$250 something, on top of that. That was Texas, though. [edit] Maybe check out LegalZoom.com for a simple trademark. As far as "starting your own business/website", thats a whole different can o' worms, with tons and tons of other considerations. When I do an LLC or Partnership for someone, I spend at least an hour going over their business plan (that they have already put together) and another hour or two going over how they should run it to satisfy all the legal requirements on a day to day basis. Its not really fair to ask a goon to just explain it to you. blarzgh fucked around with this message at 03:50 on Jun 26, 2013 |
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Jun 26, 2013 03:43
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Jet Ready Go posted:Don't know because I actually can't find a lot of good websites that tells me what the heck it's all about or when is the best time to apply for something like that. I am seriously in the dark about this. you can trademark just about anything thats a name, marking, or slogan. Hell, it was Pat Reilly I think that trademarked the term "Three-peat" when he was coaching Michael Jordan, after he heard it during a pre-game speech.
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Jun 26, 2013 03:46
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LordPants posted:Is Bridgeport Music, Inc. v. Dimension Films still the landmark sampling case in the United States? Australia has taken a different tack for the time being with "a substantial part" being the guideline, but there are worries that they'll follow the US eventually. Has anything else developed in regards to sampling in the US? Its still good law, if thats what you mean. No court has overturned its holding, or modified it. To us, a "landmark case" is one that changes the law on a subject matter dramatically. A case is always a "landmark" case, no matter what happens after.
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Jun 26, 2013 14:34
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patentmagus posted:I wasn't suggesting that they trademark "somethingawful." I think he meant "$500 for a trademark app? Beats the poo poo out of doing municipal court tickets for possession, or answering discovery requests."
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Jun 26, 2013 14:35
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