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Robert Pecco Baker

Robert Baker’s Answers

411 total


  • Is this even Legal?

    I work as a contractor on strait commition for an ISO doing cash advances we are partnered with firm infact in the same building as the company we send business to. Yesterday, I asked my boss if in the future a job opening came up in the larger co...

    Robert’s Answer

    So go back to work with the guy who fired you. The Celtics almost traded Paul pierce and Ray Allen at the trading deadline last year. the deals cratered and they both had to go back to work for the team that wanted to get rid of them. If you do not go back to work you will have failed to mitigate your damages and will have no case worth taking anyway- but this is not legal advice.

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  • I got a "alleded copyright infringement" letter from Midcontinent ( my internet Company ) What does this mean?

    It says that " midcontinent has been notified by a company or individual that copyright material ( movies or music) was downloaded using your Internet Protocol.

    Robert’s Answer

    It means that you need to see a lawyer. This is telling you that as part of an intellectual property protection program, some entertainment firm or law firm has determined that you have downloaded intellectual property without paying the holder of the intellectual property rights.

    You should consult counsel about what response to make if any. Of course, this could also be a scam to get passwords etc.

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  • In a UD Appeal, when would I include a writ of mandate? What is it?

    Am in the process of a UD Appeal (possession was not an issue at hearing, but was not converted) - can you please explain when a writ of mandate would be sent with the appeal? ANy other writs I should consider? Also, for the Certificate of Int...

    Robert’s Answer

    An appeal seeks review of a final order from a court. a write of mandate is directed to an inferior tribunal directing them to do their duty. It is used against a lower court only when a final order has not been issued and the case has not yet become appeallable. I have never handled a case in which I have simultaneously appealled and filed a writ of mandate, If the court ruled that your case was dismissed because it had to have been brought as a writ of mandate, and you file one, then your appeal mightl be dismissed as moot. I would need more information to be certain what to tell you

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  • EEOC intervened on my case and got a settlement in compensatory damages for an age discrimination suit.the company sent me a

    1099M form and my cpa says it is taxable

    Robert’s Answer

    Yes. Only payments on account of actual physical injuries are tax exempt. Compensatory damages are just that- compensation and almost all forms of compensation are taxable.

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  • Is Knox Box a violation of my 4th amendment rights?

    The town in which my business is located has recently passed an ordinance mandating a lock box ( Knox Box) be mounted on the outside of all commercial buildings that contains the keys and alarm codes to the establishments. This is to allow a fir...

    Robert’s Answer

    People have a right to privacy, not places so I suppose it is possible to invade that right by chilling it without actual entry. But privacy invasions are subject to a balancing test so this is interesting. During a fire, they use an ax and are inside pronto. a fire marshall apparently wants access to search whenever he wants. I would have to see the civic justification

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  • Human rights violation?

    If a party won injunction and the other party was suppose to let them look for employment and they didn't do this is that considered a human rights violation?

    Robert’s Answer

    Human rights violations include things such as torture, extra judicial killing, and genocide, so what would you guess?

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  • Does this kind of cheating constitute sexual harassment?

    My ex sent me intimate things, promised she would be loyal, and demanded money for dating. When money was not given she had her cheating guy show up, sexually insult me on the internet, and spread false allegations that I was never dating her, but...

    Robert’s Answer

    If you are not employed by her then this is not what you would typically call sex harassment but see a local lawyer

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  • Is it possible to patent the concept behind a website? and make sure no one else can imitate it? with a different look and feel?

    I have some new website ideas that are not yet out there in the internet. Can I obtain a patent for the concept? because it is very easy for any one else to implement the same concept with a different user interface experience .

    Robert’s Answer

    To obtain a patent your item must be novel, non-obvious and useful. Just because it is a concept does not mean it is patentable. contact a patent atty in your area

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  • Importing NFL/NCAA/NBA/NHL etc... non-jersey merchandise.

    Thank you for your time. I have read many posts detailing the legalities of selling "officially licensed" NFL/NCAA/NBA/NHL etc jerseys. However I really cannot find anything that supports if those same restrictions applies to non-jersey merchandis...

    Robert’s Answer

    You are not wrong. It does not matter what format the trademark is plastered upon. It is still infringement. Some of those sellers may have a license- no way for any of us to know. If you are selling any of those items with team logos you are stealing team property and if it comes to the owners' attention they will pursue you.

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