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Diana Hariton Laskaris's Answers
- 8 Legal Answers
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3
Attorney answers:
Non-Disclosure/Non-Compete Covenant employment contract.
As the previous answer suggests, the purpose of an non-compete covenant is to protect the employer from employees unfairly using the knowledge and contacts they gain during employment. In the states that enforce non-competes, they are generally required to be limited in scope, duration and geography. The balance between protecting the employers interests and the prevention of allowing an employee to earn a living must be balanced. It may be possible that you were provided with...
2
Attorney answers:
Verbal agreement
Unfortunately, I think I have to agree with the previous poster. This is an example of how we have to be careful when entering into "contracts," whether oral or written agreements, with others that are an exchange of values and promises. In your case, you thought you had an understanding. But, you have no way to verify the individual you are dealing with, and there are a lot of unscrupulous people out there willing to take advantage. You might have sensed that something was strange when you...
3
Attorney answers:
When recording songs as a songwriter. Is it better to own the master recording or session?
As the other responses suggested, you really should have your specific situation reviewed by an attorney in your jurisdiction familiar with such matters. In general, however, the master recordings will include the recordings of the songs that are performed in the sessions. Unless there are other recordings that will be made in the session or other performances that are unrelated to the songs that are not part of those recordings, it would seem that the session should include the master...
2
Attorney answers:
Co signer's rights to vehicle
I'm afraid I have to agree with the previous poster. You don't explain why your mother has taken the car. Is there something you have done or not done that caused her to take the car? Is it possible for you to discuss this with her and ask what she would need to do in order to return the car to you? Perhaps the opportunity to clear the air with her will let you know exactly what is going on if she has not already told you. Perhaps there is a solution that the two of you could reach that would...
3
Attorney answers:
My photographer from my wedding (over a year ago) has only givin us a few photos. What to Do?
What was the agreement you made with the photographer? Did you have a conversation with the photographer discussing your expectations of what you were paying for and what you expected? Have you asked the photographer for additional photos and received a negative response or have you just been waiting to receive the photos. Without more information, it's difficult to know exactly what has happened here. However, sometimes issues such as this arise primarily from a lack of communication and...
2
Attorney answers:
Is a non compete enforceable in ohio for sales people in durable medical companies?
I am not licensed in Ohio, so cannot speak specifically to the laws of your state, however, in states where non-competes are not summarily unenforceable (e.g., California), courts will generally look at three major factors when determining the enforceability of the agreement. First, what is the temporal scope of the non-compete? There must be a reasonable period of time limitation based on the circumstances. Second, what is the geographic scope? There must be a reasonable limit set on the...
3
Attorney answers:
Do I need a lawyer to execute an exclusive rights contract or can I do it myself?
Whenever you are dealing with rights that have potential intellectual property issues and long-term implications, you should seek legal counsel. Bad drafting of an agreement could create problems that you can't even contemplate when you're just getting started. If you can somehow budget to pay for an attorney to properly draft such an agreement, it could save you potential issues, both financial and other, in the future. Perhaps there is an organization such as Legal Aid or Maryland Volunteer...
3
Attorney answers:
Can some one sue you for them breaking a verbal agreement
An oral contract can be enforced. The challenge is in figuring out what the terms were and what would be the damages. Your question is a little unclear, but it appears that you have witnesses that would be state that there was an agreement by the worker to do the work for free. If he made a substantial beginning on the work, this would also tend to show that there was an agreement. What did you agree to do for him that would be "consideration" for him in doing the work? For a contract to...