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James Lindon’s Answers

50 total


  • Intellectual property law

    I own a small business in NY state. One of my employees has left my company to go work for my competitor. Are there any intellectual property laws that protect me as an employer from my past employee blabbing about my trade secrets to my competi...

    James’s Answer

    Many states impose a duty of loyalty on employees, which could help you. Also, many states have adopted the Uniform Trade Secrets Act - which could help with your trade secrets.

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  • A former employer is personal information one the web says she is sueing me for intellectual property rights violation.

    I worked for 2 months for a small INTERNET children's boutique. I was here only sewer. After she hired another sewer she asked that I sign a non-compete. It was vague(she got from the net) and I refused because I felt like it took away my trade...

    James’s Answer

    Non-compete agreements can be difficult to enforce and must be "reasonable." You may also have a claim for liable.

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  • No tangible assets. None. How can we protect intellectual property.

    My Brother died intestate. He has no assets. None. He has written many songs, some are copyrighted and some are not. We have video and tapes of some of these, but not all. He has two children from two different women and he was never married to e...

    James’s Answer

    Until the intellectual property is identified and registered in some way, its only value will be sentimental.

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  • My intellectual property was copied would an attorney be willing to take my case on contingency basis

    How can I find an approprieate attorney willing to be paid by the proceeds derived from the issue?

    James’s Answer

    You will need to convince a lawyer that you have both the law and facts on your side. Plus, there needs to be enough money.

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  • Jailed for 56 days on an outstanding WA state warrant, under WA state law is person entitled to lawyer if asked for one

    My son has been in jail there for 56 days being held on a warrant from washinton state. He has asked for a lawyer serveral time and was denied. Can they do that? Also jail said they will hold him until Sept 8,08 if washington doesn't come and g...

    James’s Answer

    Who did he ask? Who is "they?" Some states have minimum household income criteria for a "free" lawyer. I will tell you that the primary issue in extradition is "identity." Is this person the person who the other state is asking for. If so, he can probably be extradited. Also, if the state eventually punishes him, he will almost always get credit for time he sat in jail waiting for extradition.

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  • Can you be extradited from one state to another for misdemeanor?

    I have disdemeanor from Wisconsin and presently live in Florida.

    James’s Answer

    While it can happen, it is rare. The only such types of cases I have seen this happen include DUI and child support.

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  • When applying for an administrative position for a school district does being on a list verses an actual interview make it fair?

    Principals are to interview people from a list that has been provided by district central office as those that are qualified applicants. Principals are to look at creditials on-line of those applying and then set up interviews. However, shouldn'...

    James’s Answer

    It sounds like perhaps the central office somehow "screens" candidates for the principals. For example, the central office may do a criminal background check, etc. I don't know how the final list for the principals is prepared so it is hard to comment specifically. If the list to the principals eliminates people of a given race or religion, for example, that would be a problem.

    I am in Ohio and do not practice law in your state.

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  • Can a school administrator for a student to take a breathalyzer test under Oregon state law

    in oregon can a student under the influence of alcohol at an afterschool function on school property be forced to take a breathalyzer test after being caught and is a school employee certified to give this test even after student and adult where s...

    James’s Answer

    IN MANY states, portable breat tests are not viewed as reliable evidence. What did they do with the samples?

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  • How can I speed up due process in an administrative law case where the state board has been stalling action for 3 l/2 years?

    Commonwealth of Massachusetts professional licensing board of registration has stalled due process in handling a closure of business and suspension of personal registration.

    James’s Answer

    that depends on the reason for the "stalling." If they have a huge back log of cases, you might just have to wait your turn. There can be due process concerns if they make you wait until evidence that helps you evaporates.

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  • Charged with possession when not possessing anything

    I was at a friends house playing video games we weren't using drugs, but my friend had drugs in another room in a drawer. The police came to the door with a warrent for a person who wasn't at the house at the time, but was a roommate. They searche...

    James’s Answer

    If the prosecutor uses common sense [which can be rare], he will only charge one of you, expecially if the amount is small.

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