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  1. Michael Wechsler

    Please help!!! AMS taekwondo contract

    Hi and I'm extremely sorry to hear about your problems with this taekwondo school. I do not know specifically what may have happened and whether you were fully explained the nature of the long term commitment. So I am not making any representation or drawing any conclusion as to the guilt or...
  2. Michael Wechsler

    Ebay Threatens to sue my start up company.

    Very often these letters are meaningless and meant to frighten those on the fringes of liability. That said, it's understandable why they contacted you. I'd say that most of the time the options given to you are ones you should absolutely not consider without speaking to a lawyer. This is...
  3. Michael Wechsler

    Can Spam Act

    That section appears to be talking about sentencing guidelines. You can read how the FTC considers email harvesting in relation to CAN-SPAM.
  4. Michael Wechsler

    URGENT!! Videographer Needs contract advice!!!

    It's up to you to decide what the 50% down represents and whether that is sufficient protection. Another approach is to deliver the raw video instantly, have that be paid in full, and then work on edits on a per hour basis.
  5. Michael Wechsler

    The use of "Yellow Submarine" as a book title

    I'm familiar with the article on whether song titles are able to copyrighted or trademarked. You should note that there are no absolute conclusions reached with the exception of some extreme examples. Disclaimer: I actually owned the "Yellow Submarine" book when I was younger and it was one of...
  6. Michael Wechsler

    Medical Malpractice "Your HIV test came back positive." How I had HIV for 24 hours.

    Let's assume for the moment you have a case. What are your damages? I usually try apply the "do unto others" proverb before considering actions. You'll find it helpful on many occasions.
  7. Michael Wechsler

    Is this Slander?

    I can certainly sympathize and empathize with you regarding on the job harassment and abuse. It's a horrendous feeling leaving you paralyzed at your employer, in fear you'll be fired for cause and no one taking the time to realize (or care) that your boss is completely at fault. The following...
  8. Michael Wechsler

    URGENT!! Videographer Needs contract advice!!!

    I understand from where you're coming, not wanting to hand over the rights in full before getting paid so you want to condition the transfer of any rights or interest upon payment. I can see two parts to the work being done: (a) the original video recording; and (b) the final product with...
  9. Michael Wechsler

    Eviction

    It's a good point but I saw that there was some type of rental agreement - "$500 or whatever I choose." If there was payment of rent, it would appear that there is a tenancy created. As to duration, it depends upon state law. As such, it would appear that the Texas State Law applies and the...
  10. Michael Wechsler

    Eviction

    When you say last December I think we're all assuming you mean December 2017. If so, you've got your answer.
  11. Michael Wechsler

    Somebody Please Help Us

    I'm sorry to hear about your situation and have a great deal of sympathy for your child, who unfortunately for her cannot choose her own living situation. I'm going to recommend that you delete (or request the site delete) your avatar and photo attachment. Often sharing these personally...
  12. Michael Wechsler

    Merry Christmas

    Wishing everyone a very happy holiday and healthy and successful New Year! Thank you for sending the warm message!
  13. Michael Wechsler

    Partition filed by the party who recorded Fraudulant Document

    I'm very sorry to hear about your problem but I'm not quite sure I understand what happened. None of this is clear. You lived in a home which was owned by whom? The deceased left the home to whom? What did the people (cousin) who cleaned out the home provide to the court? If you were living...
  14. Michael Wechsler

    Former employer laptop

    Let's assume that the general manager was unsophisticated. The easiest would have been to simply back up all the files that they are seeking (if any) to USB, restore the computer to factor settings and hand it back to them. Issue resolved. But is this really a case of the former employer not...
  15. Michael Wechsler

    Does this contract item preclude me from suing

    The clause seems to be an awkwardly written waiver of a trial by a jury - which doesn't preclude the possibility of a trial being heard in front of a judge. There are various clauses I've seen - none of which preclude any remedy - but they limit it, e.g. the parties agree that in the event of a...
  16. Michael Wechsler

    Perjury and the falsification of identity in order to harm a child

    I'm going to be honest with you - this case of yours is complicated, crosses multiple countries and continents and I can't follow all of the details. This is not something which help can be obtained from a legal forum as we are just observers from a distance. I don't know what "dangerous...
  17. Michael Wechsler

    Stores checking bags

    That's a very unusual policy. I've seen many stores that require the bag owner to leave the bag with a person operating a bag check area. I've never seen a policy requiring the bag check to be a mere "bag drop" without giving the bag owner no less than a receipt for the bag owner to present when...
  18. Michael Wechsler

    Stores checking bags

    Sorry to hear about your bag potentially being stolen. What may also be helpful is determine (take photographs) whether there is a sign at the bag check (common issue for bag check and coat check) determine what other policies and potential limitations might apply, which in some cases, may also...
  19. Michael Wechsler

    I need some clarity when it comes to California's new Felony Murder Rule ( SB 1437)

    I don't know enough and that's a great question. From a legal standpoint there hasn't been any law struck down as being unconstitutional. A certain class of individuals are being given some relief from an actual sentence that 'morally' may be extensive, e.g. 25 years, to which those with a plea...
  20. Michael Wechsler

    I need some clarity when it comes to California's new Felony Murder Rule ( SB 1437)

    I briefly perused through the law and believe it is only about resentencing for those who qualify. The words "based solely on your description" said by @mightymoose are absolutely critical here. You have summarized facts which may be very different than the ones adduced at trial. We don't know...
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