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10

False statements are generally protected by the First Amendment. If the video was an obvious gag or work of fiction, in which a reasonable person would understand that you were not truly endorsed, your false statement would almost certainly be protected by the First Amendment. But many false statements are not protected, typically because of their negative ...


7

I can answer for the U.S., if that's helpful. The general rule, in the United States, is that covenants not to compete are enforceable as long as they are reasonable. What constitutes "reasonable" varies from state to state. Factors considered generally include: What kind of actual harm will come to the business if you go to a competitor? In other words, ...


6

Because the agreement covers the IP relating to a specific list of file-sharing, printer-sharing, and user-management protocols (the Workgroup Server Protocol Program) — basically, things relating to Samba — and not everything that Microsoft ever did or ever will do.


6

Countries, and supranational governments like the EU, have jurisdiction over companies that do business in their jurisdictions. Oracle is technically not a U.S. corporation; it's a closely related group of California and Delaware corporations. Very few companies incorporate under U.S. federal law (I believe some banking corporations are required to, but don'...


6

Private carriers typically (and UPS in particular) only have a contractual obligation to the person who pays to send the package. Unless you're the one directly paying UPS to deliver the package you have no legal recourse because you're not a party to the "contract of carriage." It does seem like you're suffering due to contractual and operational failures ...


5

Chapka's answer covers the legal aspects that give the EU authority to impose their laws on US companies. However, there are also practical aspects around enforcing penalties. A court has no formal power outside its jurisdiction; a European court judgment (which is what happens if a company violates EU rules) can't be directly enforced in the US, because US ...


5

You mean like Unilever, and countless others do? Yes. Many, many companies control a stable of brands, often of competing products. This is particularly prevalent in grocery lines (cleaning, food, beauty products) and motor vehicles (there are dozens of brands of motor vehicle but only a handful of automotive companies). Clearly, these products have ...


5

A threat to start a competing business is not extortion. Federal law prohibts extortion generally as part of the Hobbs Act (18 USC 1951): The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right. In the case you've ...


4

In-house counsel is presumed to be intimately familiar, in a way that retained counsel is not, with both the day-to-day operations of the business and its longer-term strategic planning. So imagine that you're in an R&D intensive industry, and you've been sued by a competitor. The competition's in-house counsel has served you a request to produce ...


3

Under Section 1 of the Sherman Act, there has to be an agreement for there to be price fixing. If the parties do not agree to engage in price-fixing or other anti-competitive behavior, there is no violation. There does not needed to be a written, explicit contract memorializing the agreement, but there does need to be more than just encouragement to change ...


3

This doesn't sound like fraud (against you, at least), but it does sound like an unfair or deceptive trade practice, which is outlawed by Section 5 of the Federal Trade Commission Act and perhaps the Pennsylvania Unfair Trade Practices and Consumer Protection Law, both of which prohibit unfair and deceptive trade practices. I don't know about Pennsylvania, ...


3

There are no laws directly regulating merger of two companies. Instead, there are laws against "monopolizing" (and similar expressions). In the US, the Sherman Act, the Clayton Act and the FTC Act providing the legal underpinning for the Department of Justice to prosecute a merger, or for a judge to prohibit a merger. The typical logical flow is that it is ...


3

The person or company could sue you for defamation, and would have to show that they were harmed by your statement (which would not be in the realm of per se defamatory statements). Since this is a civil matter, they would not have to prove beyond a shadow of a doubt: documenting a drop in sales subsequent to the defamation would do it. See this article for ...


3

It seems that your friend is taking part in a multi-level marketing scheme. However, this does not necessarily exclude a pyramid or snow ball scheme. Both can be illegal in Germany and Switzerland under the respective unfair business practices codes, because the systems do not rely on the sales of goods and services, but on the continuous recruitment of ...


2

Another US-based answer: We talked about non-competes in my one-semester of business law class (I'm an MBA, not a lawyer). I remember the professor (who was a practicing lawyer) saying that a well-written non-compete is absolutely enforceable and not to let anyone convince you otherwise. He didn't get into the gritty details for a bunch of dumb managers ...


2

Non-compete clauses are very common in professional contracts. They serve to protect the legitimate business interests. Non-complete clauses can be overturned if they are excessive - too great of a geographical range, or too long of a time period. It's difficult to say what may be in the contract, though. You should read your employment contract in its ...


2

Unfortunately, s47 of the Act applies only to the supply of goods and services - that is, where you purchase something from a business or person. This means that because you are being required to have your salary paid into an account with that bank as part of your employment contract, it's unlikely that this would apply. My understanding is that banks will ...


2

If the amount of money that you are looking for is high enough, get a lawyer. A police officer, especially a junior police officer, is likely to have a bit of knowledge of law, including civil law, but is by no means an expert. What they say can easily be wrong. What a court will want is evidence of the cost of the damage (and they won't be happy if the ...


2

Unfortunately I believe that this is legal in most places, provided your agreements don't say anything to the contrary, and provided that the users can still view the information.


2

China approved new antitrust laws in 2008. There are always variations in the details from jurisdiction to jurisdiction, but China's Anti-Monopoly Law shares the key features of its counterparts in most other major economies. Therefore, in addition to prohibitions on the abuse of monopoly power, and prohibitions on price-fixing, it also requires businesses ...


1

No, if I understand your circumstances and the OFT's Agreements and concerted practices - Understanding competition law (2004): In considering if a concerted practice exists, the OFT will follow relevant Community precedents established under Article 81 [of the EC treaty]. The OFT will need to establish that the parties, even if they did not enter ...


1

No The prohibition is on competitors making an agreement to fix prices. Changing your prices to match your competition is not making an agreement.


1

The Founders must refer to the Company, in writing, all opportunities to participate in a business or activity that is directly competitive with the Project Who cares? All the founder needs to do is make the referral to comply - the company can’t stop them working on it as worded. Refer anything that’s tangentially related and your obligation is discharged....


1

Are there legal implications to lying about that, or is this action protected by the First Amendment? Why do you think that lying - publishing false facts - is protected by the First Amendment? Speech is protected, yes; the factual content of that speech is the responsibility of the individual. If that speech is slanderous or libelous, it may still be ...


1

The text means that lawyers can be allowed by the court to examine documents that are going to be kept confidential to their client. The lawyer examines the document and demands to make public (for the lawsuit) those that are relevant. This way, the lawyer's client can be sure that no data is hidden, and the other party does not need to give its internal ...


1

Basically, you need informed consent from the participants to collect this personal data. For children under 16 years, you also need informed consent consent from the parent or guardian. The relevant legislation is GDPR Article 8 and Recital 38. (Or will be after May 25th. 2018)


1

Because Qualcomm has a monopoly in the market for cellular communication chips, and Apple has not. Qualcomm was acting in an anti-competitive way, excluding other sellers from that market. Apple didn't act in an anti-competitive way. Apple doesn't prevent anyone from selling cellular communication chips. And you seem to misunderstand "bribe" and "kickback"....


1

First of all, while it is possible that Telekom is the only ISP serving your new address (and only with slow internet), I doubt that this is really the case: Note that I'm talking about alternatives to get you connected at all, not only about cheap alternatives. Usually, even if all the infrastructure (last mile) is owned by T, other providers are available ...


1

The model does not own the copyright, the photographer does. Many parts of the world require a model release before a photo can be used commercially. Commercially generally means used to sell goods or services where the impression is given that the model endorses the goods or services, more or less, in advertising. A model release is not required to ...


1

There's nothing illegal with this. There is just the tiny little problem that the client is unlikely to agree to this contract. I wouldn't if I was the client. And once you suggest a contract that the client doesn't agree to, things get dubious and you might lose the business altogether.


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