Andrew Kevin Jacobson’s Answers

Andrew Kevin Jacobson

Oakland Business Attorney.

Contributor Level 17
  1. Does an Attorney have to inform you that they have been disciplined by the Bar and not able to able to practice?

    Answered over 2 years ago.

    1. Andrew Kevin Jacobson
    2. Michael Charles Doland
    3. Robert John Murillo
    4. Julio Cesar Jaramillo
    4 lawyer answers

    I am very sorry you have had to go through this experience. Lawyers who are suspended are normally required to inform all their clients. Please, please call 1-800-843-9053. This is the Attorney Complaint Hotline for the California State Bar. The people there can assist you with this problem. Attorneys who do this hurt all the good attorneys. We wish you luck on finding new, competent legal help.

    20 lawyers agreed with this answer

  2. I was sued in federal court for trademark infringement for the website i have taken out, is this case civil or criminal?

    Answered almost 2 years ago.

    1. Andrew Kevin Jacobson
    2. James Juo
    3. Bruce E. Burdick
    4. Nicholas Duane Myers
    5. William Charles Sipio
    6. ···
    7 lawyer answers

    If you we're not arrested, then it is civil, and you have 21 days to answer the complaint.

    14 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is NDA void when project involved is not paid?

    Answered about 1 month ago.

    1. Andrew Kevin Jacobson
    2. Michael James Thomas
    3. Edna Carroll Straus
    4. Alan Ray Barnes
    5. Matthew B Wenzlau
    5 lawyer answers

    The text of the agreement would control, but most NDAs condition disclosure of the secrets to the promise not to misuse the secrets, not on payment itself. However, even in the unlikely event that the NDA were to allow you to, I seriously doubt that it is in your interest to disclose the secrets. Potential clients that hear that you allegedly disclosed secrets are likely to shun your business, and you are likely to be sued for disclosing the secrets, which will cost you far, far more in legal...

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  4. Quetion about perjury in the verified answer

    Answered about 2 years ago.

    1. Andrew Kevin Jacobson
    2. Michael Raymond Daymude
    3. Raphael Samuel Moore
    4. Frank Wei-Hong Chen
    4 lawyer answers

    I'm not sure of what kind of motion you want to file. Perjury is a criminal action, and you cannot file criminal charges. You can perhaps report him to the district attorney's office (assuming you are not in federal court), but it is highly unlikely that the DA will do anything -- non-violent crimes are not prioritized, and this is sufficiently complicated (he can say that he just meant that he is a trustee of a trust that does own part of the company) that I don't think a DA will ever file...

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  5. I need advice about Getty Images.

    Answered almost 3 years ago.

    1. J Charles Ferrari
    2. Philip Leon Marcus
    3. Andrew Kevin Jacobson
    4. Terry Lynn Thomas
    5. Daniel Nathan Ballard
    5 lawyer answers

    Assuming your "free" website is public, Getty has every right to investigate those who Getty believes is infringing upon their rights. Getty is not required to give you a chance to take the "images" (your term) off the site, and just because the domain registrar allegedly provided you with the starter site does not mean that you are not also liable. You may have an indemnification claim against the domain registrar, but does not absolve you of the responsibility to not infringe someone else's...

    13 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Does it matter for trademarking company name, if I have an S-Corp or an LLC

    Answered almost 3 years ago.

    1. Michael Charles Doland
    2. Melissa D. Lenhard
    3. J Charles Ferrari
    4. Andrew Kevin Jacobson
    4 lawyer answers

    A trade name technically cannot be trademarked -- only a mark that is directly connected with a good or service can be trademarked, although it is normal to assume that you are using your trade name in connection with the goods or services you sell. Assuming that you are using the trade name as a trademark, it is better, if possible, to use "My Company Name" as the trademark, rather than "My Company Name Inc." or "My Company Name LLC." However, you should discuss your options with a competent...

    13 lawyers agreed with this answer

  7. Can I change my mind on a settlement that I orally accepted in court?

    Answered almost 2 years ago.

    1. Andrew Kevin Jacobson
    2. Robert Bruce Kopelson
    3. Catherine Elizabeth Bennett
    4. David B Pittman
    5. John Noah Kitta
    6. ···
    6 lawyer answers

    Cal. Civ. Proc. Code 646.6 allows a court to enforce a settlement put on the record in front of the judge. That means if you agreed to it in front of a judge, the court could enter judgment and you would be forced to accept it. Consult with your lawyer. If your lawyer had advised it, she or he balanced the risks and rewards, and thought this settlement is best for you. Unless there is compelling evidence this was wrong, I would be.inclined to respect it.

    11 lawyers agreed with this answer

  8. Business & Incorporation: If one is not concerned about anonymity, is there really any benefit to forming a single-member LLC?

    Answered almost 2 years ago.

    1. Charles Richard Perry
    2. Michael Charles Doland
    3. Andrew Kevin Jacobson
    4. Douglass S Lodmell
    5. Tudor F Capusan
    5 lawyer answers

    While you are correct about negligence, there are still many types of litigation that are based upon contract, and in those situations, the LLC owner is not liable for the contractual debts of the LLC, unless the owner personally guaranteed those debts at the time they were created.

    11 lawyers agreed with this answer

  9. Deposition to me

    Answered over 2 years ago.

    1. Andrew Kevin Jacobson
    2. Michael Charles Doland
    3. Nicholas Basil Spirtos
    4. Joshua Robert Dale
    5. John Steven Blincoe
    5 lawyer answers

    I'm sorry that you are going through all this. I know that it is exhausting. However, this is not something you should ignore. I presume that there is a lawsuit going on. A deposition notice to a party has the same effect as a subpoena -- it is a court order that you have to obey, and there are very negative effects that can happen if you do not. You probably do not have a lawyer representing you, but you should. You need to be able to discuss this in confidence with someone. If you do not...

    11 lawyers agreed with this answer

  10. I want to form LP for investors to invest for my distribution pharmaceutical products. i have s corp.

    Answered about 1 year ago.

    1. Michael Charles Doland
    2. Andrew Kevin Jacobson
    3. Dana Howard Shultz
    4. Trisha Ellen Newman
    5. Pardis Patrick Ashouri
    6. ···
    6 lawyer answers

    If you think a lawyer is expensive now, just wait until (a) no one invests, because they do not trust you because your documents are haphazard at best, or (b) someone sues you for fraud after investing. The cheapest way is to do it right at the beginning. Don't wait -- get a good lawyer to do it right NOW.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

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