Daniel Gary Rosenthal’s Answers

Daniel Gary Rosenthal

Gaming Law Attorney.

Contributor Level 14
  1. In the State of Maryland, has stress related workman's comp ever been defined as intentional infliction of emotional stress or

    Answered about 1 year ago.

    1. Daniel Gary Rosenthal
    2. Draper Tobias Rodriguez
    3. Christopher Coppola
    3 lawyer answers

    The question is not very clear. Workers comp is a very different issue than Intentional Infliction of Emotional Distress, which is an intentional tort committed by someone. And you've also tagged Wrongful Termination which is another thing entirely.

    3 lawyers agreed with this answer

  2. How important is a liquidated damages clause within an NDA ?

    Answered about 1 year ago.

    1. Daniel Gary Rosenthal
    2. Michael Charles Doland
    3. Jeffrey Keith Possinger
    4. Christine B. Adams
    4 lawyer answers

    I regularly draft NDAs for software development or web development projects and I'd guess that more than75% of these are without a liquidated damages clause. They're potentially difficult to enforce, and really the kind of relief that you want is injunctive in the first place. That's not to say that there's never a time that they can work; it will depend on the relationship between the parties to the contract, and in some cases it may be a good idea. You are correct that a purely punitive...

    3 lawyers agreed with this answer

  3. Maryland: Can I form an LLP with a single partner?

    Answered almost 3 years ago.

    1. Mark William Oakley
    2. Daniel Gary Rosenthal
    3. James H Sutton Jr.
    3 lawyer answers

    As Attorney Oakley states, the answer to your first question is no, and the second question is yes. The second partner could also be a corporation or some other business organization entity. You should consult a tax attorney for advice on how to structure the relationship to avoid any possible problems with the IRS and SDAT down the line.

    3 lawyers agreed with this answer

  4. Can I sue my non-performing patent attorney? See details below.

    Answered about 2 years ago.

    1. Bruce E. Burdick
    2. Daniel Gary Rosenthal
    3. James Michael Slominski
    3 lawyer answers

    Echoing Attorney Burdick's advice, I'd be finding another attorney stat, and also be consulting with an ethics/professional conduct/malpractice attorney familiar with USPTO, as frankly this sounds like malpractice and breaches of a half dozen or more ethical rules.

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  5. What is the legality of publishing video game walkthroughs for older games?

    Answered 5 months ago.

    1. Christopher Daniel Leroi
    2. Daniel Gary Rosenthal
    3. Bruce E. Burdick
    4. Floyd Edwin Ivey
    4 lawyer answers

    It's a very fact specific set of circumstances that will depend on the specific games used, where they were published, what exactly you intend to do, etc. There is no way you can get a solid yes or no answer from an attorney online. If you intend to sell this sort of thing online, you absolutely need to invest in an attorney familiar with the games industry.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Is it possible for an attorney to manipulate the system to make a case go in their favor?

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Daniel Gary Rosenthal
    2 lawyer answers

    Generally speaking yes -- in fact, manipulating the system is our job. Our presence enables you to get things in the justice system (like favorable plea bargains) that unrepresented clients simply wouldn't be able to get. Now, there are limits to the extent in which we can do this -- you can manipulate, but not break, the system. What you are implying above is that opposing counsel bribed a judge. That's breaking the system, not manipulating it. We don't do that sort of thing, and let's be...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can a lawyer from here look at my video/snipett of removed video due to dmca take down?To see fair use defense at all?

    Answered about 1 year ago.

    1. Daniel Nelson Deasy
    2. Daniel Gary Rosenthal
    3. John E. Whitaker
    4. Daniel Nathan Ballard
    5. Bruce E. Burdick
    5 lawyer answers

    When dealing with Youtube on DMCA claims, there is more to consider than just the fair use question. Youtube also has a strict policy on copyright claims (strikes) against accounts, especially monetized accounts. It's likely you used elements of a copyrighted work in one of your videos. There is a grievance process with Youtube, and it may be possible to get your video reinstated, as recently happened with popular vlogger TotalBiscuit. Or, you may be in the wrong. In my previous work managing...

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  8. ISP provider won't give me info on user who committed a cyber-crime against me

    Answered over 1 year ago.

    1. Daniel Gary Rosenthal
    2. Andrew Mark Jaffe
    2 lawyer answers

    Well for one thing, you won't get that information without a subpoena in most cases. You can allege a CFAA violation all you'd like, but until an actual lawsuit is filed (and there are strict limitations to when a private right of action under the CFAA arises) you don't have any right to this information. Depending on the type of DOS/DDOS attack and how your IT infrastructure is set up, you may not have any rights (your ISP may be able to sue, in other words, but not necessarily you)....

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  9. Can I be sued for libel for posting an online review of a wedding vendor?

    Answered about 2 years ago.

    1. Daniel Gary Rosenthal
    2. Randall M. Lipshutz
    3. Lars A. Lundeen
    4. Barry Franklin Poulson
    4 lawyer answers

    They can sue you; they likely will not,as it is extremely difficult and expensive to prove a critical element of libel -- that you said the statements maliciously, or with reckless disregard for the truth. If it's true, it's true. If it's wrong, but in good faith, that's OK too. Libel requires you actively trying to damage their reputation (most of the time, this is the general rule). I'm a strong defender of free speech, I would say let them bluster, if they do sue, it will look very bad...

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  10. Why are people posting these "warnings" on the Facebook status?

    Answered over 2 years ago.

    1. Connie Jo Mableson
    2. Daniel Gary Rosenthal
    3. Pamela Koslyn
    4. Barry Franklin Poulson
    5. Bryant Keith Martin
    5 lawyer answers

    No, there is no legal effect because the things they are stating are already automatic operations of law, or things that they have no legal authority over. When you use facebook, you agree to the terms of use/service. You cannot subsequently modify them unilaterally. And since you are not the owner of facebook, merely an authorized licensee to use the service, you cannot unilaterally impose restrictions on others (such as a government employee) that interfere with the existing TOS agreement...

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