Business Law

Nasir Pasha & Matt Staub

Ultimate Legal Breakdown: Social Media Marketing [e287]

On this episode of the Ultimate Legal Breakdown, Nasir and Matt break down social media marketing with guests Tyler Sickmeyer and Kyle Weber of Fidelitas Development. They first discuss contests and promotions and talk about where social media promotions can go wrong, when businesses are actually running an illegal lottery, and the importance of a sound terms and conditions. Next, they talk about the recent press release from the FTC to marketing influencers about necessary disclosures in online marketing and how to avoid problems like those that occurred at the Fyre Festival. They wrap things up with a discussion on intellectual property infringement, including issues caused by rogue ex-employees, affiliate relationships, and copyright infringement claims. Transcript: NASIR: Welcome to Legally Sound Smart Business! My name is Nasir Pasha. MATT: And I’m Matt Staub. We’re two attorneys here with Pasha Law. NASIR: Welcome to the podcast! Today, we are doing the ultimate legal breakdown of social media production. But,… Read More

Nasir Pasha & Matt Staub

Ultimate Legal Breakdown: Subscription Box Businesses [e286]

On this episode of the Ultimate Legal Breakdown, Nasir and Matt go in depth with the subscription box business. They discuss where subscription box companies have gone wrong (4:30), the importance of a specifically tailored terms and conditions (6:30), how to structure return policies (11:45), product liability concerns (14:45), the offensive and defensive side of intellectual property (19:00), forming partnerships (23:30), when to form multiple entities (31:45), and rules and logistics for shipping (34:00). Transcript: NASIR: Welcome to Legally Sound Smart Business! My name is Nasir Pasha. MATT: And I’m Matt Staub, and we’re two business attorneys with Pasha Law. NASIR: Yeah, welcome to the podcast today. We are doing our ultimate legal breakdown of the subscription box business. MATT: Yeah, looking forward to this one. it’s a pretty fun topic because subscription boxes can offer many different things. I’m sure that most listeners have probably either ordered their own subscription box or maybe have their… Read More

Nasir Pasha & Matt Staub

Can Companies Protect Against Foreseeable Misuse of Apps [e285]

Nasir and Matt discuss the suit against Apple that resulted from a car crashed caused by the use of FaceTime while driving. They also discuss how foreseeable use of apps can increase liability for companies. Transcript: NASIR: Hi and welcome to Legally Sound Smart Business! I’m Nasir Pasha. MATT: And I’m Matt Staub. Two attorneys here with Pasha Law – offices in California, Illinois, New York, and Texas. NASIR: Welcome to the podcast for a little short break we had between our last episode and this is where we discuss current business news with a legal twist. Today, we are talking about how developers – especially mobile app developers and other business owners in that space – can deal with possible liability for their software apps and their products. In this case, it’s a sad story of an Apple app that actually caused, well, it’s alleged to have caused a deadly accident…. Read More

Stephanie Wilkins

Customers Are Now Free to Post Negative Online Reviews, Thanks to the Consumer Review Fairness Act of 2016

In today’s digital age, people have no hesitation in sharing their opinions on just about anything online. Internet reviews on review aggregation websites like Yelp.com or TripAdvisor.com have become a fact of life for most business owners. And while most savvy consumers know that reviews should always be taken with a grain of salt, most people make a habit of consulting user reviews before trying a new product or service. What many people might not have realized, however, is that some businesses have long been using penalizing tactics to deny consumers the freedom to write negative reviews online whenever they’ve had a bad experience with a seller. To most, the right to do so probably seems like common sense. Nonetheless, certain retailers have been doing their best to prevent it. No more, thanks to newly enacted legislation aimed to prevent sellers from doing just that. In one of his final… Read More

What to do when a client won't pay.
Nasir Pasha & Matt Staub

How Businesses Should Handle Unpaid Bills to Clients [e282]

Nasir and Matt return to talk about the different types of clients that may have outstanding invoices and how businesses can convert unpaid bills to getting paid. Transcript: NASIR: Welcome to Legally Sound Smart Business. My name is Nasir Pasha. MATT: And I’m Matt Staub. We’re both attorneys here with Pasha Law PC, currently practicing with offices in California, Illinois, New York, and Texas. NASIR: Welcome to the podcast where we discuss current business news with our legal twist. Today, we are discussing what to do when your client refuses to pay. MATT: Correct. You know, we decided to change things up a little bit. I don’t think this is necessary for any one particular current event that’s going on but it’s an ongoing issue. Maybe in the news people have seen some real estate tycoons who have, over the past few decades, hired contractors and small business owners for jobs, let them… Read More

Stephanie Wilkins

The Future Of Obama’s Overtime Overhaul Is In Jeopardy After Court Injunction

Unless you’ve been living under a rock, you know that the U.S. just underwent one of the most contentious elections in its history. The status of may current and proposed laws is now uncertain as we prepare for the shift in administrations. The country remains on edge as we wait to see how things play out in the coming weeks and months as President-elect Trump prepares to take office and ultimately is sworn in as Commander-in-Chief. A number of current laws appear to be on the chopping block. With Trump promising to undo major legislation enacted by President Obama, including the Affordable Care Act, in his first 100 days, many fear that several of the legal protections currently in place will soon be a thing of the past. Now, it looks like we won’t have to wait for the new administration to be sworn in for the changes to start… Read More

Stephanie Wilkins

What the Wells Fargo Scandal Can Teach Businesses About Corporate Culture

High-pressure sales tactics are nothing new in corporate America. Oftentimes it seems that businesses will do anything to make a quick buck. But when the economy is less than robust, the need to make up for lagging sales can lead desperate companies into some seriously questionable waters. Without appropriate policies or oversight in place, a legitimate desire to boost sales can quickly devolve into a company-wide culture that puts pressure on employees to fraudulently increase sales and revenue. The latest company to come under fire for fraud is none other than Wells Fargo, one of the nation’s most respected banks. On September 8, 2016, the banking giant announced that it was paying $185 million in fines to Los Angeles and federal regulators to settle charges that it created countless fake accounts in order to inflate fees. The fraudulent scheme, first uncovered by a 2013 L.A. Times investigation, dates back possibly… Read More

Stephanie Wilkins

The Gender Pay Gap and Class Actions: How to Avoid a Gender Discrimination Lawsuit

The treatment of women in the workplace has perhaps never been more in the national spotlight than it has been in recent months. With the nomination of the first-ever female presidential candidate by a major party, pay and employment opportunities for women have taken center stage in the fight for equality. Those who want to decry the existence of a so-called “glass ceiling” are facing an increasingly uphill battle. While the true measure of any gender pay gap will continue to be hotly debated – the White House puts it at 78 cents on the dollar, while others staunchly disagree – there is no denying that gender discrimination is an ongoing problem in businesses across the country. Discrimination based on an employee’s gender is not simply a question of fairness, but one of federal law. Class actions filed in recent years against corporate giants such as Microsoft and Qualcomm have… Read More

Stephanie Wilkins

Fox News Sexual Harassment Case Highlights the Need for Effective Sexual Harassment Policies and Procedures in the Workplace

Workplace sexual harassment has been grabbing headlines lately, thanks to charges filed by former “Fox & Friends” co-host Gretchen Carlson against Fox News Chairman and CEO Roger Ailes. Carlson has alleged that Ailes fired her for rebuffing his sexual advances and standing up to a sexist culture in the Fox newsroom. The Allegations The complaint, filed in the Superior Court of New Jersey, contends that Ailes explicitly asked Carlson for a sexual relationship during a meeting in his office. Carlson allegedly met with Ailes to discuss concerns she had about persistent harassment in the Fox newsroom. In that meeting, he reportedly told her: “I think you and I should have had a sexual relationship a long time ago and then you’d be good and better and I’d be good and better.” According to the lawsuit, when Carlson refused Ailes’s advances, he retaliated by reducing her salary, cutting back her air… Read More

Nasir Pasha & Matt Staub

Not the Wolf of Wall Street Sequel Leonardo DiCaprio Was Expecting [e273]

Nasir and Matt talk about why Leonardo DiCaprio isn’t done with his work on the Wolf of Wall Street and also discuss the recent Yelp decision that businesses should be excited about. Transcript: NASIR: Welcome to our podcast where we cover business in the news and add our legal twist to that business news. My name is Nasir Pasha. MATT: And I’m Matt Staub. NASIR: Why do you always laugh at me at every intro? MATT: You always pause at a different spot. I don’t know. NASIR: It’s for dramatic effect. MATT: I notice it and no one else probably does. NASIR: Yeah. No, you’re probably right. MATT: So, there’s a story that’s been popping up and I think the actual story, I just did a quick Google search on this because I was actually trying to find out when the case initiated, 90 percent – maybe 95 percent –… Read More