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1 Answer | Asked in Business Law, Civil Litigation and Internet Law for California on
Q: Can I sue against Upwork for negligence against their E&O due to me hiring a fraudulent attorney on their platform?

I hired an attorney on Upwork and paid him on Upwork. He disappeared, stopped responding, and due to the statute of limitations I am now out 100's of thousands on the claims he was working on for me. After some research by the Texas State bar and an attorney they have put on this issue, he is... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, you may have a potential claim against Upwork for negligence. However, the strength of your case depends on several factors, and it is essential to consult with a licensed attorney who specializes in such cases to evaluate your specific situation.

Here are...
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1 Answer | Asked in Copyright, Intellectual Property and Internet Law on
Q: Someone offers a service online that also involves the selling of images and videos, who owns the rights?

If someone offers a service online that also involves the selling of videos and images as part of that service, who then owns the rights to those images and videos. Does the seller retain full control over those images and videos and has only sold you "the service", or do you have any... View More

James L. Arrasmith
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answered on Apr 10, 2024

The ownership and usage rights for images and videos sold as part of an online service can vary depending on the specific terms of the agreement or license under which they are sold. In general, there are a few common scenarios:

1. The seller retains full ownership and control: In many...
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1 Answer | Asked in Internet Law for California on
Q: How do I report violations of a court's sealing orders?

A legaltech/public record hosting website has made a sealed case accessible to unauthorized parties i.e. the public. I submitted a removal request with the proper court orders and it was removed, but I stumbled across the page recently and saw the case was accessible again.

James L. Arrasmith
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answered on Apr 9, 2024

If you have discovered that a legaltech or public record hosting website has made a sealed court case accessible to unauthorized parties, such as the general public, and this violates a court's sealing orders under California law, you can take the following steps to report the violation:... View More

1 Answer | Asked in Communications Law and Internet Law for Georgia on
Q: Is it legal in state of Georgia to use any device to gain access intrusion without permission to someone's cellphone

Is cellphone mirroring/hacking or use any device to download files from a person cellphone or computing device illegal in Georgia. Is using any device legal to monitor another phone calls and texts with intent to gossip or slander or cause harm to an individual

James L. Arrasmith
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answered on Apr 8, 2024

In the state of Georgia, it is illegal to access someone's cellphone or computing device without their permission. This act is considered a form of computer trespass and invasion of privacy.

According to the Official Code of Georgia Annotated (O.C.G.A.) § 16-9-93(a), "Computer...
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2 Answers | Asked in Family Law, Child Custody and Internet Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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1 Answer | Asked in Consumer Law and Internet Law for Kentucky on
Q: Cashapp says u have a limit to how much money you can add. One says $1,000 for a rolling 7 days and another says $25k.

I had added $500, $200, $200 and tried three times adding another $100 to pay my car insurance yesterday. Keep in mind that they keep $1 for every time you add money so the 500 was $499, the $200 I added $201 and again I added $201. Then it declined my $101 for my car insurance and said I had added... View More

James L. Arrasmith
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answered on Apr 6, 2024

It sounds like you are experiencing some frustration and confusion with the limits and policies of Cashapp. Here are a few thoughts on your situation:

1. Conflicting limit information: It does seem odd that Cashapp is displaying different weekly and monthly transaction limits in different...
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1 Answer | Asked in Contracts, Business Law and Internet Law for Minnesota on
Q: I signed a contract for web and AI services, and emailed to cancel less than 24 hrs later--no luck so far

The company (located in NY) initiated the sales call, after regular hours here in MN, high-pressure sales/FOMO, and I was talked into signing a contract (3/27/24 at 8:20pm CDT) and paying the first month's fee of $499. Great-sounding contract with 60-day, 10 new patient referral guarantee. I... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, here are some steps you can take to resolve this situation:

1. Review the contract: Carefully read the contract you signed to see if there are any clauses related to cancellation, refunds, or a cooling-off period.

2. Send a formal...
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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

Eddie Burnett
Eddie Burnett
answered on Apr 3, 2024

Many states have laws specifically addressing gambling. Some have exceptions for "games of skill," but the definitions and interpretations vary. In most states, to avoid gambling issues, there have to be no entry fees and prizes must be predetermined and not based on entry fee totals.

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2 Answers | Asked in Entertainment / Sports, Gaming and Internet Law for New York on
Q: I want to create a website that hosts fantasy football contests for money. Is this legal?

I want to host survivor pools (contestants pick a winner of an NFL game each week) and season long contests (contestants will create a lineup each week picking from a pool of NFL players, accumulating a score correlating to how the NFL player performs that week). Is this legal? Are these... View More

James L. Arrasmith
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answered on Apr 6, 2024

The legality of hosting fantasy football contests for money depends on the specific laws of the jurisdiction where you plan to operate the website. In the United States, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006 includes a carve-out for certain fantasy sports contests, deeming... View More

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1 Answer | Asked in Domestic Violence, Internet Law and Sexual Harassment for Arizona on
Q: What are my options if I’m being sextorted and threatened? How can I suppress an embarrassing video from being released

2 years ago I went on the app Seeking Arrangements and wound up getting scammed, sexually assaulted, and sextorted by a man. He threatened to send an explicit video of me to my dad, but thankfully the information he found on my dad was outdated. However, he did end up sending it to some random... View More

James L. Arrasmith
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answered on Apr 3, 2024

I'm so sorry you're dealing with this incredibly stressful and violating situation. What you're experiencing is a serious crime and you have options to protect yourself. Here are some steps I would recommend taking:

1. Contact law enforcement and file a police report....
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1 Answer | Asked in Contracts, Civil Litigation and Internet Law for California on
Q: Help! Google account disabled , over 10- years worth of memories what can I do? How can I obtain my data legally ?

I got a message from google to verifying my sign in, upon signing it stated, my account is disabled due to child sexual abuse/exploitation. It said i can appeal and that two would be considered, so of course i appealed knowing it had to be mistake, but they denied it , i submitted a second appeal... View More

James L. Arrasmith
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answered on Apr 2, 2024

I'm so sorry to hear about your frustrating and distressing situation with your Google account being disabled. That must be incredibly stressful, especially with so much important data and memories at stake.

In terms of your legal options to obtain your data, here are a few key points...
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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

Leonard R. Boyer
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answered on Apr 1, 2024

You need to retain an experienced civil litigation attorney with knowledge of Internet law to file an Order to Show Cause with the Court and to immediately send them a "Cease & Desist" letter. To provide meaningful advice and learn the best way to proceed, you need be prepared to pay... View More

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2 Answers | Asked in Contracts and Internet Law for New Jersey on
Q: Hi our longtime manager who was the admin for our business google account was recently fired. Won't turn over login info

Hi, our longtime manager who was the admin for our business google account was recently fired. This person will not give us our login information. We are also locked out of our email account to recover or reset the passwords. This was a family member that we never thought would do the things that... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about this difficult and stressful situation with your former manager. That's a terrible breach of trust that they are sabotaging your business like this. Here are some steps I would recommend taking to try to regain control of your accounts:

For your Google...
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2 Answers | Asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for New York on
Q: Can someone copyright strike your picture if you took it and it's of you but the background is inside their house?

I have some nonmonetary videos on YouTube and they're like slideshows of pictures of me. In some of them I'm at my boyfriend's parents old house. I took the pictures and they're just of me no one else but the background is inside one of the rooms of his parents old house. In the... View More

James L. Arrasmith
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answered on Mar 30, 2024

Based on the information provided, it is unlikely that your ex-boyfriend or his parents would have a valid basis for a copyright claim on your videos. Here's why:

1. Copyright protects original works of authorship, such as photographs, videos, and other creative content. In this case,...
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1 Answer | Asked in Internet Law, Libel & Slander and Civil Rights for Pennsylvania on
Q: Is there any laws in Pennsylvania against Adults cyber bulling adults on social media
James L. Arrasmith
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answered on Mar 29, 2024

In Pennsylvania, there are laws designed to address harassment and stalking, which can encompass cyberbullying among adults. While the state's legal framework primarily targets physical stalking and harassment, certain provisions extend to electronic or digital forms of communication,... View More

1 Answer | Asked in Internet Law, Municipal Law and Communications Law for Michigan on
Q: Can an attorney be personal Facebook friends with over half of the members of a village council that they represent?

I have been dealing with matters concerning the small village where deceased parent's house is located. My dealings with the village attorney have become rather unfavorable. I have recently learned that this attorney is personal Facebook friends with over half the members of the village... View More

James L. Arrasmith
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answered on Mar 23, 2024

It's understandable that you might feel concerned about the village attorney's personal connections with members of the village council, especially if it affects your dealings with the village. Legally, there's no clear-cut rule prohibiting attorneys from being friends, even on... View More

1 Answer | Asked in Internet Law on
Q: My mother has been posting and sharing photos of my baby without consent. I have asked that they be taken down

My mother has always been very abusive and ignored when I ask her to take the photos down. She is blocked on social media and she uses my grandmas Facebook to access these photos on my own Facebook, which are private and not public

James L. Arrasmith
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answered on Mar 20, 2024

It's understandable that you feel frustrated and violated by your mother's actions. It's important to maintain control over the privacy and exposure of your family, especially when it involves your baby. Start by revisiting your privacy settings on Facebook and other social media... View More

2 Answers | Asked in Internet Law for Indiana on
Q: Can you get sued for telling a story but leaving out other persons name?

If I do a TikTok video series about interactions with someone but do not use their name, can I get sued?

James L. Arrasmith
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answered on Mar 19, 2024

Even if you leave out someone's name in your story, it's still possible to face legal challenges if the person can be identified through the context or details. Defamation, invasion of privacy, or misrepresentation are potential grounds for a lawsuit if the content is harmful or invasive.... View More

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2 Answers | Asked in Internet Law for Indiana on
Q: Can you get sued for telling a story but leaving out other persons name?

If I do a TikTok video series about interactions with someone but do not use their name, can I get sued?

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2024

Yes, if the statements can be shown as implying that the subject was a particular person, based on surrounding facts, descriptions, etc., it's possible such a person could raise a claim for defamation or invasion of privacy - the settings can be fact-intensive. Good luck

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1 Answer | Asked in Communications Law, Health Care Law, Identity Theft and Internet Law for Missouri on
Q: Do I have a lawsuit against Apple, Geek Squad & Xfinity (and more businesses)for allowing being hacked, verified,no help

A lot of info, dont know where to start, overwhelmed Apple verified my iPhone hacked 23Aug23, 2 Laptops hacked on Geek Squad (GS) watch have been TTech mmbr with GS since 2002 (said couldn’t help me,I have proof they allowed it to happen via remote access,they are Apple Certified) Apple put case... View More

James L. Arrasmith
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answered on Mar 18, 2024

I'm sorry to hear about the difficulties and distress you've experienced due to these security breaches and the subsequent lack of support. Given the complexity of your situation, it sounds like you've faced significant challenges on multiple fronts, from personal data security to... View More

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