When Using Celebrity Deaths for Brand Promotion Crosses the Line [e284]

January 5, 2017

The guys kick in the new year by first discussing Cinnabon’s portrayal of Carrie Fisher as Princess Leia soon after her death, as well as other gaffes involving Prince and David Bowie. They alsotalk about right of publicity claims companies could be held liable for based on using someone’s name or likeness for commercial gain.

Full Podcast Transcript

NASIR: Hello and welcome to Legally Sound Smart Business.
I’m Nasir Pasha.

MATT: And I’m Matt Staub. We’re two attorneys here with Pasha Law, practicing in California, Illinois, New York, and Texas.

NASIR: Yeah, welcome to the podcast where we cover business in the news with our legal twist.
Today, we are discussing some of the do’s and don’ts of celebrity endorsements and what to be aware of when using their likeness and recent gaps in the year 2016 f these instances.

MATT: Yes. I mean, I guess, when people listen to this, it will be 2017 – unless they’ve hacked into both of our computers and pulled the audio files for whatever reason.

NASIR: Or they could be listening in 2018, too.

MATT: That’s true – if podcasts are still around.

NASIR: Only for two years.

MATT: Let’s take a long trip back to 2016 here which will be a couple of days at this point. I think, especially this past week in particular, it’s been going around how 2016 was the year of falling stars – all these high-profile celebrities have passed away in 2016. You know, recently, we have Carrie Fisher. I guess the timing of this too is pretty interesting. I can’t remember if you’re a Star Wars person or not.

NASIR: Yeah, with the new Star Wars Force Awakens?

MATT: Rogue One, yeah.

NASIR: Rogue One, yeah. I’m a huge Star Wars fan.

MATT: As you can tell.

NASIR: No, actually, I did hear it was good. Go ahead, sorry.

MATT: Understandable.
With all these big-time, big-named celebrities passing away, we had Carrie Fisher. The reason I mention that is that happened, she was Princess Leia in, well, I want to say the original Star Wars movies but it depends how you defined that, I suppose.

NASIR: The original episodes – 4, 5, and 6.

MATT: Yeah.

NASIR: And she was also in Force Awakens.

MATT: I guess you kind of allude to this but it hasn’t become an uncommon thing for a brand or a company to pay a little tribute to these fallen celebrities. Obviously, tweeting out a message or posting something on Facebook, referencing these different individuals has become pretty common.
What Cinnabon did – and it was very quick, you had to be very quick on the trigger to see this because I think they deleted it soon thereafter but we’ll link the photos so you can see – they put a photo up, it’s kind of a… how would you describe it? It’s almost like a painting.

NASIR: One of those almost sand pieces. In this case, cinnamon art pieces.

MATT: Cinnamon art pieces, yeah, drawn with cinnamon. Basically, kind of an outline of Carrie Fisher except – anyone that’s seen Star Wars – the hair buns on the side of her head, it was a Cinnabon. It looks kind of weird. When you first told me about this, it wasn’t what I was envisioning. You know, they have this and it says, “RIP Carrie Fisher. You’ll always have the best buns in the galaxy.” That was the tweet.

NASIR: It’s so tasteless. I’ve always tried to figure out if other people had opinions about this. I know maybe some people, their humor is different. It’s not that it’s not meant to be funny. Obviously, it’s meant to be a tribute and I’m sure the intention comes into play. But it seems really weird, right?

MATT: I think intent is the keyword that’s going to kind of run throughout this. What was the intent behind this? I think it does seem like they were trying to pay some sort of tribute but the approach was not executed that well. I mean, the whole thing wasn’t executed that well, but the approach was just not great. You know, I think it got more flack than positive feedback. There was some people that said, “You know, she had a pretty good sense of humor. I think this is something she would like.” Again, I don’t think it was supposed to be a joke, really. But, circling back to what I was just saying about intent, what was the intent behind this? Because, if the intent was some sort of commercial gain or other profiting off of Carrie Fisher’s likeness – all these keywords we’re saying out here – it’s something that they can be legally responsible for.

NASIR: Well, we can give some other examples, but I just think it’s weird. If you have some kind of tribute where somehow your product is involved, it kind of lessens the impact or the motivation behind it. A good example – it was this year, too – David Bowie passed away, right?

MATT: Yeah.

NASIR: Was that this year?

MATT: And Prince.

NASIR: Crazy, right? By the way, I did look to see. I was like, because it’s top of mind that these celebrities are dying that maybe 2015 could have been just as bad? But, if you look at the list of 2015, yeah, a lot of celebrities died but, as far as the notability, I didn’t even know half the list. I barely knew half the list on that. But, anyway, that’s digression.
For David Bowie, Crocs – you know, the shoes – they have their own issues as far as the viability of that brand. No offense to anyone that wears them! I think, during his death, as a tribute, they had a picture of a Croc – a shoe, kind of big – and then it had that iconic David Bowie lightning bolt logo across it. It’s like, “Okay, if you just had the lightning bolt and that’s it, I get it.” But putting your shoe right behind it, I don’t think he was some kind of sponsor of Crocs.

MATT: No.

NASIR: And that’s kind of what the implication is – that somehow they have some kind of connection to David Bowie.

MATT: Yeah. You know, we both kind of criticized Cinnabon here but the two other examples we’re going to give right here were way worse. I mean, the Crocs thing makes no sense to me – unless I’m just missing something. And then, I mentioned Prince, too. They had a thing just saying “Rest in Peace” and the “I” was Cheerio and it was sponsored by Cheerios. Am I missing something there, too? I don’t really get it.

NASIR: Granted, it’s a little more subtle. Like, if we’re going on the tasteless scale, it’s less tasteless than the Crocs example. But, again, it’s like you’re already presenting it from, I assume, your social media account so we know it’s coming from Cheerio. But, if you just had an image of Prince or his logo just saying “Rest in Peace,” it just seems much more… I don’t know. I think that’s an example that maybe you can make an argument because it’s just so subtle, right?

MATT: We’ll have to link all of these but the Cheerios one just struck me as weird. It is subtle but why don’t you just say “Rest in Peace” and move on from it? Why insert your own Cheerio? I think I get what they were trying to do but it just comes off weird. Like I said, the Cinnabon makes more sense, really, when you look at all three of these.

NASIR: Here’s the bottom line. When celebrities die, there are people that are going to take advantage of it. Frankly, just to be honest, when Prince passed away, there was an issue regarding intellectual property of his and we covered Prince. Part of our cover logo or cover image was an image of Prince. But that’s it. I’m not saying we’re tasteless because I would never say that. But, in the same sense, it’s a common thing. Now, where’s the line to where you’re using someone’s likeness or publicity to commercial gain and even make an implication that somehow there’s an affiliation. Here, we’re actually talking about some relevant news. But, if we put our law firm logo, Pasha Law, and Prince right next to each other and it’s like, “Hey! Rest in Peace! Come to our law firm and give us legal services,” it’s a little weird, right?

MATT: And – correct me if I’m wrong – I thought the seminal case on this whole kind of thing was with Vanna White. It was a long time ago, with Samsung, I believe. I just remember learning about that in law school.

NASIR: I’m not aware of it but you get to the legal point of view. There’s intellectual property and intellectual property usually people talk about copyright, patents, or trademarks. But, when it comes to the use of someone’s image or likeness, this is a little bit more convoluted because it’s a New York kind of thing in the sense that a lot of people compare publicity rights to trademark rights but they’re not the same. Trademarks has to be like a collection of words or some kind of description of either a combination of words or a symbol. For example, Prince has his symbol of his logo. But, when you’re actually using someone’s image and someone’s name, that’s a little bit different. It doesn’t really fall into the trademark area. And so, that’s why now you have cases and common law. Every state is different. There’s actually no federal law that talks about using someone’s image or publicity. It’s based upon state by state.

MATT: Yeah, unless it could fall under copyright. What we’re talking about here is not that.

NASIR: Or trademark.

MATT: Yeah.

NASIR: But, usually, it’s hard to kind of fall into that role. In the Prince situation where you used his logo which is definitely trademarked and somehow affiliate it or associate it with your product upon his death and it had created some kind of likelihood of confusion, then it would be a trademark infringement. But, if you have Prince as a person in his image – which your image can’t be trademarked in that fashion, unless it’s part of your logo somehow.

MATT: Yeah, like you said, we’re mostly dealing here with Reddit publicity rights and I think I mentioned the Vanna White case but there’s the one with Kim Kardashian a few years back where we sued – well, sued the GAP company and Old Navy – but a model who looked a lot like Kim Kardashian, I think it was pretty clear that they were trying to kind of copy that. This was in the height of her…

NASIR: I think she’s known for being a lookalike already – this particular actress.

MATT: Yeah, this was kind of in the height of her popularity and she filed a lawsuit. There’s common law and right of publicity. There is a statutory right in California and violations of the Lanham Act as well. We’ll dive into these in a little bit. Like you said, this lawsuit was in California. It’s a state law of analysis but, generally speaking, California has got to protect its celebrities pretty heavily – or at least try to.

NASIR: For example, some states, when it comes to bringing up a violation of this common law right of publicity, some states require you to be a celebrity. It doesn’t really matter if they’re using your image. Some say that you have to have some kind of commercial value to it in the sense that, if someone just takes a photo of you and uses it and you’ve never put yourself in the commercial sphere to sell your image to be associated with another commercial product, then you may not have a right.
It’s very state by state specific. But this case with Kardashian was interesting because, apparently, according to her, she wasn’t too keen on bringing in the lawsuit, but because she had a contract, she had this whole line apparently with Sears – I don’t know if she still does – and a whole line of clothing or such apparel and because she had this contract with Sears and this other Old Navy ad, basically – you can look it up on Google and we can link it, too. It was basically someone that looked like Kardashian. When I watched the video, I didn’t really see it but, apparently, it was obvious to some that this was kind of a play on Kardashian. But, Sears, I think what she explained was that Sears kind of pressured her – or maybe it was by contract – to actually enforce these intellectual property rights because then, if you allow Old Navy to do that, then it diminishes the value that the Kardashian brand gives you Sears with having their own apparel line.

MATT: Do you remember the ads? I don’t know if you…

NASIR: I watched it yesterday. The actual ad?

MATT: Oh.

NASIR: Yeah, I’ll have to bring it up.
First of all, it’s a bad ad because it’s just weird, I think. It just has this weird music in the background. Did you watch it?

MATT: No, I haven’t watched it recently. I do remember from before when we brought it up. These all kind of fall into the same thing of I guess maybe you and I are just different in that we don’t make the connection between an individual like a celebrity and this company is trying to use their likeness and we’re going to go out and buy their product as a result. But I guess obviously enough people do that she does bring the lawsuit because, I mean, basically, you kind of hit it or discussed already but it boiled down to this – she basically said that she is a valuable commercial asset – or her name, likeness, identity, persona are a valuable commercial asset. Old Navy was trying to replicate that or symbolize her that, as a result, they’re profiting off of it and she should be compensated for their doing of that.

NASIR: Again, this is all based upon the statutory and common law right that California has plenty of law and because of the celebrities that reside on that state. But, other states, their law in this area is underdeveloped. And so, it begs the question as to, if you are a local merchant and kind of doing your own thing in some other state that you involve some other celebrity and use their likeness, the viability of a lawsuit that may occur in California or some other state that you’re not located in and what law applies, this all becomes – you know, from a lawyer’s perspective – an interesting issue.

MATT: Yeah. I think our general advice is just to don’t do this. You and I just don’t really see the point of this sort of advertising. I mean, you know, if you are going to go that route, it boils down to some things. I mentioned intent earlier – whether you were knowingly or intentionally using this celebrity or someone’s likeness.

NASIR: The commercial-bility of the commercial nature of the use is usually a heavy factor in pretty much every state. And so, like you said, the lack of consent and the actual intention, because maybe you used an image or you don’t intend it to have any kind of sponsorship but, if you’re using it as a tribute versus “Hey! I’m going to put my product next to it,” and make the implication that “Prince likes Crocs” or I should say “David Bowie likes Crocs so you should like Crocs, too!” which is how sponsorships work, then that has a much more commercial nature to it versus, you know, I was trying to think, “What should they have done?” If Cinnabon would have posted, “Oh, here’s everyone dressed up as Princess Leia today at the office in tribute and here’s a picture of them,” you know? Or just a picture of Princess Leia, assuming that they have the copyright image and they have ownership over that, that seems much more of a tribute and less of a commercial nature versus, you know, “Here’s my product and logo next to the person.”

MATT: That’d be one way to approach it.
Just real quick, we mentioned there’s some states do have statutes and there’s a common law clause as well. In California, there’s both. The common law right is a little bit broader. It deals more with identity than name or likeness. Also, it’s an appropriation of the plaintiff’s name or likeness to the…

NASIR: Defendant’s advantage.

MATT: Advantage – commercially or otherwise.

NASIR: It’s pretty broad.

MATT: Yeah, there has to be some injury as well.

NASIR: And I think that’s the key. The injury part is the tough one. That’s why when Kim Kardashian brings her lawsuit, she had to talk about how she’s developed, she’s this famous star and she’s developed a brand with Sears. She’s been on QVC and so her brand and her image has some value to it. And so, when someone uses her image or when she alleges that, then it diminishes her value and that’s a damage. Whereas, someone like you and me – well, maybe you more than me – the damage is not as tangible and it becomes a much more difficult thing to prove.

MATT: Yeah, and I think it’s a fair point for her and any celebrity to make, especially what we were saying before. That was kind of the height of her popularity. I disagree with most things that she does but this one I have to agree with.
One quick thing, an interesting thing about the Carrie Fisher with Cinnabon – and I guess with David Bowie and Prince, too – California actually has said that there’s a common law right and also a statute. It also has a statute for…

NASIR: For death, right?

MATT: For deceased – yeah, for celebrities or individuals that have passed away, too, basically. The right can get handed down and it makes sense, right? The right can get handed down.

NASIR: I guess. It is a little weird. They literally are making it an intellectual property that you can transfer and it only lasts for so many years but it’s the same thing, like, copyright, for example, used to be limited to the death of the author plus 50 or 75 years, and then they increased that then they changed how that works. It’s kind of a similar idea. And so, the state statute is for the right lasts for 70 years after death and is transferrable – just like any other intellectual property. You can assign it, you can license it, you can do whatever you want with it.

MATT: Yeah. There are some registration things. There is in California as well, possibly, depending on the situation.

NASIR: Does it say who it goes to? I assume it goes to the heirs, is that right?

MATT: There is a breakdown in the actual statute itself of who it would go to. It’s similar to the intestate.

NASIR: Okay. Unless there’s an actual will. Intestate just means that there’s no will.

MATT: Yeah, you can hand it down in a trust or a will as well – something like that. It’s pretty interesting but the reason I think it’s fair is because, just because somebody passes away, you don’t want businesses or other people profiting off of the deceased. You can even make the argument that it’s worse because it’s the deceased person. They don’t have any control over it.

NASIR: That’s right.
Before we go, I don’t want to leave everyone with the message that, if someone passes away, then you should be scared about tweeting about them because this aspect of the use of someone’s likeness is also part and parcel to First Amendment rights, too. The same kind of trademark and copyright exceptions apply – like fair use. If we as a podcast are talking as a news story about Carrie Fisher, us putting Carrie Fisher on our image or prints or whoever is not a violation of their publicity or their likeness – at least that’s what I’m going to argue in court when they sue us. When you tweet about it or put it on your Facebook post as a business, you know, putting tribute, you know, it’s not like an automatic violation.

MATT: Yeah, exactly. It’s not like you’re prohibited from posting anything about them but it’s more so I think the way I kind of look at it is are you trying to make some sort of connection between that individual’s name and likeness, et cetera and your company or brand? If you’re trying to connect the two when there’s no connection, when there’s been no previous sort of business connection, then you might have a problem.
For example, if and when Michael Jordan eventually passes away, Nike – assuming other things don’t happen – you know, Nike is going to post something about it – because he kind of made Nike and blah blah blah and it should be fine.

NASIR: Yeah, and vice versa, too. Nike pretty much made Michael Jordan a great player.

MATT: Yeah, definitely.

NASIR: According to the commercials, right? The pumps?

MATT: Uh, was it? Yeah, I think that is right.

NASIR: That was Nike, right?

MATT: The point I’m trying to say, like the Crocs with David Bowie and Cinnabon and all these things, as far as I know, there was no previous relationship between those individuals and those companies/brands. So, that’s where you can kind of get into trouble. There’s ways of going about paying a tribute. Look at the motive behind it; if none of the motive is trying to raise the awareness of your brand or profit or do any sort of commercial gain, then you should be, generally speaking, pretty safe.

NASIR: Yeah, it’s a good guideline. It’s not perfect but, like we’ve discussed many times before, if people can sue you for whatever, there is a viable theory just because of how broad that California statute can be with the use of image.

MATT: Yeah, and like we were saying, there’s a lot of celebrities in California so it makes sense.

NASIR: All right. This year, we’re only a few days away for the year ending and hopefully we’re not going to have to update this podcast with any more recent deaths.

MATT: Yeah, we have a few days. It should be okay. I think we’re pretty safe but who knows?

NASIR: Okay. Guarantee from Matt Staub. We’re safe.

MATT: No guarantee but fingers crossed.

NASIR: Very good. All right, thanks for joining us, everyone.

MATT: Keep it sound and keep it smart.

Social Media for Your Business

By

The Podcast Where Nasir Pasha and Matt Staub cover business in the news with their legal twist and answer business legal questions that you the listener can send it to info@legallysoundsmartbusiness.com.

Get Business Legal Updates

Please provide your full name.
Please provide a valid email address.
We respect your privacy, and we will never share your information. Unsubscribe at any time.
Legally Sound Smart Business cover art

Legally Sound Smart Business

A business podcast with a legal twist

Legally Sound Smart Business is a podcast by Pasha Law PC covering different topics in business advice and news with a legal twist with attorneys Nasir Pasha and Matt Staub.
Apple Podcast badge
Google Podcast badge
Spotify Podcast badge

Latest Episodes

November 21, 2023

In this episode, Nasir Pasha and Matt Staub explore the legal implications of Artificial Intelligence in the business world. They delve into the most talked-about issue of 2023: AI and its impact on the legal landscape. Although AI isn’t necessarily a new topic, it has many unanswered questions in the legal world. Nasir and Matt…

July 12, 2023

In this episode, Attorney Nasir Pasha and Attorney Matt Staub delve deep into the complexities of mass layoffs and offer valuable insights, real-life examples, and practical advice to employers grappling with the aftermath of such challenging situations. Nasir and Matt emphasize the critical importance of effective communication when executing mass layoffs. They stress the need…

January 9, 2023

As the COVID-19 pandemic swept across the globe, businesses scrambled to adapt to the new reality it presented. In this blog post, we dive into the case of Goldman Sachs, a financial services giant, to examine their response to the crisis and the lessons other businesses can learn from their return-to-office strategy. From prioritizing employee…

October 28, 2022

Full Podcast Transcript NASIR: Finally, my two favorite worlds have collided – both the law and the chess – right here at Memorial Park in Houston, Texas. Windy day. We have some background noise – ambient noise. What are the two worlds that collided? Well, Hans Neimann has sued Magnus Carlsen for defamation in one…

September 26, 2022

Through a five-round championship bout, Matt travels to Texas from California to determine which state is better for business. Will it be a knockout with a clear winner or will it go to the scorecards?

July 7, 2022

Whether you are buying or selling a business, the transaction goes through the same steps. However, they are viewed from different perspectives. Sellers may not want to fully disclose all the blind spots while Buyers will want otherwise. Nasir and Matt battle it out in this Buyer vs. Seller to determine who has the advantage!…

May 12, 2022

When it comes to Restrictive Covenants, employers are fighting to keep their company safe while employees may use them to their advantage. Keep listening to find out if the Employer or the Employee wins this battle. Round 1: Trade Secrets A company’s trade secrets encompass a whole range of information and are one of the…

February 14, 2022

The Supreme Court rejected the nation’s vaccine mandate. Businesses with 100 or more employees are NOT required to have their employees vaccinated or go through weekly testings. However, this policy remains in effect for health care facilities. In this episode of Legally Sound | Smart Business, the team sat down to discuss their thoughts on this ruling.

December 1, 2021

In this episode of Legally Sound | Smart Business by Pasha Law PC, Nasir and Matt cover the Business of Healthcare. There is more to the healthcare industry than just doctors and nurses. Many Americans have health insurance to cover their yearly needs, but most Americans are not aware of what really goes on behind…

October 12, 2021

In our latest episode, Nasir and Matt are covering the legal issues on Social Media. The average person spends most of their day on social media, whether they are scrolling for hours or publishing their own content. However, just because you publish your own content on Instagram does not equate to you owning that image….

September 28, 2021

What is a Non-Disclosure Agreement, and when do I need one? In this episode, Nasir and Matt shares why you need to use Non-Disclosure Agreements, basic facts about NDA’s, and discuss about the infamous Jenner-Woods story. Having the right Non-Disclosure Agreement in place not only protects you and your business, but it also makes the…

June 16, 2021

Covered in this episode of Legally Sound Smart Business are some typical business mistakes blunders small businesses often make and how to avoid them. Blunder #1: Copying and pasting agreements It may sound like a good idea at the time, but this blunder comes with hidden pitfalls. Having an attorney draft terms that are specific…

February 4, 2021

How you terminate an employee can make the difference between a graceful transition to avoidable negative outcomes like a dramatic exit or even a lawsuit. We gathered a panel of experts and asked them – is there a “right way” to fire an employee? We would like to thank our guests for this episode: Amr…

December 2, 2020

The COVID-19 pandemic has turned nearly every aspect of life on its head, and that certainly holds true for the business world. In this episode, Matt and Nasir explain how the early days of the pandemic felt like the Wild West and how the shifting legal playing field left a lot open to interpretation and…

November 16, 2020

After plenty of ups and downs, our buyer has finally closed on the purchase of their business. While we’re marking this down in the ‘wins’ column, it never hurts to review the game tape. In this final episode, our hosts, Matt Staub and Nasir Pasha, return to the deal almost a year later to reflect…

September 15, 2020

The ink is drying on the signature line and things are looking great for our buyer. After so much hard work, the finish line is in sight and the cheering within ear shot.   Though the landlord is still serving friction, things seem safe to move forward and for now, our buyer will be keeping…

July 31, 2020

Though things are coming along well, the journey would not be interesting if it was purely smooth sailing. After our buyer opens escrow, they are forced to push the closing date back when suddenly a letter from an attorney was received claiming the business, we are buying has a trade mark on the name!  Now…

June 12, 2020

With frustration at an all-time high and professionalism at an all-time low, our friend the Buyer has “had it” with the Seller and quite frankly their lack of knowledge. At present our Buyer is rightfully concerned that the latest misstep from our loose-lipped Seller will threaten not only the entire operation of the businesses but…

May 11, 2020

As we go deeper into the buying process, we start to uncover more challenges from our seller and encounter some of the wrenches they are tossing our way. When we last left off in episode three our team was knee deep in due diligence for our buyer, had already penned and signed the Letter of…

April 4, 2020

One word–interloper! When a new mysterious broker enters the transaction and starts to kick up dust, Nasir and Matt take the reins. The seller signed off on the letter of intent (see episode 2), yet this “business broker” serves only friction and challenges by refusing to send financials, whilst demanding more of a firm commitment…

April 4, 2020

Just as most stories and deals start out, everyone is optimistic, idealistic and full of hope for clear skies. It’s a perfect outlook with a perfect setup for the ups and downs yet to come. Peek further behind the curtain and into the first steps of buying a business: the letter of intent. After the…

April 4, 2020

When a savvy buyer hears opportunity knocking to purchase a prime positioned business, she decides not to go it alone and taps in the professionals to help navigate what could potentially be a fruitful acquisition. “Behind the Buy” is a truly rare and exclusive peak into the actual process, dangers, pitfalls and achievements, that can…

August 7, 2019

GrubHub is subject to two “matters of controversy” that have likely become common knowledge to business owners: “fake” orders and unfriendly microsites.

May 28, 2019

In this podcast episode, Matt and Nasir breakdown the legal issues of the subscription industry’s business on the internet. Resources A good 50-state survey for data breach notifications as of July 2018. California Auto-Renewal Law (July 2018) Privacy Policies Law by State Why Users of Ashley Madison May Not Sue for Data Breach [e210] Ultimate…

March 12, 2019

In recording this episode’s topic on the business buying process, Matt’s metaphor, in comparing the process to getting married probably went too far, but they do resemble one another. Listen to the episode for legal advice on buying a business.

December 3, 2018

Nasir and Matt return to discuss the different options available to companies looking to raise funds through general solicitation and crowdfunding. They discuss the rules associated with the various offerings under SEC regulations and state laws, as well as more informal arrangements. The two also discuss the intriguing story about a couple who raised over…

July 24, 2018

Flight Sim Labs, a software add-on creator for flight simulators, stepped into a PR disaster and possibly some substantial legal issues when it allegedly included a Trojan horse of sorts as malware to combat pirating of its $100 Airbus A320 software. The hidden test.exe file triggered anti-virus software for good reason as it was actually…

April 17, 2018

Attorneys Matt Staub and Nasir Pasha examine Mark Zuckerberg’s congressional hearings about the state of Facebook. The two also discuss Cambridge Analytica and the series of events that led to the congressional hearings, the former and current versions of Facebook’s Terms of Service, and how businesses should be handling data privacy. Full Podcast Transcript NASIR:…

March 10, 2018

The Trump presidency has led to a major increase in ICE immigration enforcement. It’s critical for business owners to both comply with and know their rights when it comes to an ICE audit or raid. Nasir, Matt, and Pasha Law attorney Karen McConville discuss how businesses can prepare for potential ICE action and how to…

February 5, 2018

New years always bring new laws. Effective January 1, 2018, California has made general contractors jointly liable for the unpaid wages, fringe benefits, and other benefit payments of a subcontractor. Nasir and Matt discuss who the new law applies to and how this affects all tiers in the general contractor-subcontractor relationship. Click here to learn…

January 2, 2018

With a seemingly endless amount of new mattress options becoming available, it is unsurprising that the market has become increasingly aggressive. As companies invest in more innovative solutions to get in front of customers, review sites, blogs and YouTube videos have moved to the forefront of how customers are deciding on their mattresses and how…

December 7, 2017

In recent months explosive amounts of high profile allegations of sexual harassment, assault, and varying acts of inappropriate behavior have transcended every sector of our professional world. With a deluge from Hollywood and politics, and the private workforce, accusations have inundated our feeds and mass media. This harassment watershed has not only been felt within…

November 16, 2017

If you are not familiar with the EB-5 program started in 1990 to give green cards to certain qualified investors in the United States, then you may not have been alone a few years ago. Currently, the EB-5 program has since exploded since its inception and now hits its quotas consistently each year. The program…

October 10, 2017

Government requests come in multiple forms. They can come in as requests for client information or even in the form of investigating your company or your employees. Requests for Client Information General Rule to Follow Without understanding the nuances of criminal and constitutional law and having to cite Supreme Court cases, any government requests for…

August 24, 2017

Nasir and Matt suit up to talk about everything pertaining to employee dress codes. They discuss the Federal laws that govern many rules for employers, as well as state specific nuances in California and other states. The two also emphasize the difficulty in identifyingreligious expression in dress and appearance, how gender-related dress codes have evolved…

June 28, 2017

Nasir and Matt discuss the life cycle of a negative online review. They talk about how businesses should properly respond, how to determine if the review is defamatory, the options available to seek removal of the review, how to identify anonymous reviewers, whether businesses can require clients to agree not to write negative reviews, and…

June 7, 2017

On this episode of the Ultimate Legal Breakdown, Nasir and Mattbreak down social media marketing withguests Tyler Sickmeyer and Kyle Weberof Fidelitas Development. They first discuss contests and promotionsand talk about where social media promotions can go wrong,when businesses are actually running an illegal lottery, and the importance of a soundterms and conditions. Next, they…

April 3, 2017

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),…

February 1, 2017

Nasir and Matt discuss the suit against Apple that resultedfrom a car crashed caused by the use of FaceTime while driving. They also discuss howforeseeable use of apps can increase liability for companies. Full Podcast Transcript NASIR: Hi and welcome to Legally Sound Smart Business! I’m Nasir Pasha. MATT: And I’m Matt Staub. Two attorneys…

January 5, 2017

The guys kick in the new year by first discussing Cinnabon’s portrayal of Carrie Fisher as Princess Leia soon after her death, as well as other gaffes involving Prince and David Bowie. They alsotalk about right of publicity claims companies could be held liable for based on using someone’s name or likeness for commercial gain.

December 22, 2016

Nasir and Matt discuss the recent incidentat a Victoria’s Secret store where the store manager kicked out all black women after one black woman was caught shoplifting. They then each present dueling steps businesses should take when employees are accused of harassment.

December 8, 2016

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.

November 10, 2016

After a long break, Nasir and Matt are back to discuss a Milwaukee frozen custard stand that is now revising it’s English only policy for employees. The guys also discuss how similar policies could be grounds for discrimination and what employers can do to revise their policies.

October 6, 2016

The guys discuss the new California law that allows actors to request the removal of their date of birth and birthdays on their IMDB page and why they think the law won’t last. They also discuss how age discrimination claims arise for business owner.

September 29, 2016

Nasir and Matt discuss the racial discrimination claims surroundingAirbnb and how it’s handled the situation. They also discuss some practical tips for businesses experiencing similar issues.

September 8, 2016

Nasir and Matt discuss whyAmazon seller accounts are getting suspended and banned without notice and how business owners can rectify this situation through a Corrective Action Plan.

August 25, 2016

Nasir and Matt talk about the accusations surroundingfashion giant Zararipping off the designs of independent artists like Tuesday Bassen and howsmaller companies can battle the industry giants.

August 18, 2016

Nasir and Matt discuss Brave Software’s ad replacing technology that has caught the eye of almost every national newspaper and has a potential copyright infringement claim looming. They also welcome digital marketing expert Matt Michaelree to speak on the specifics of what Brave is attempting to do and whether it has the answers moving forward.

July 28, 2016

Nasir and Matt discuss the sexual harassment lawsuit filed by Gretchen Carlson against Fox CEO Roger Ailes. They also talk aboutthe importance of sexual harassment training and properly handling such allegations in the office.

July 15, 2016

Nasir and Matt talk about the changes at Starbucks that have led to many disgruntled employees and customers.

We represent businesses.
That’s all we do.

Oh, and we love it.

We love our work. We love reviewing that lease for your new location. We thrive on closing that acquisition that nearly fell through. We’re fulfilled when we structure a business to grow, raise capital, and be legally protected.

We focus on developing close relationships with our clients by being like business partners. A partner who provides essential, personalized, proactive legal support.

We do all of this without utilizing the traditional billable hour model. You pay for the value we bring, not the time spent on calls, emails, and meetings.

Our team is made up of attorneys and staff that share these values and we are retained by clients who want the same.

Pasha Law PC operates in the states of California, Illinois, New York, and Texas.

Meet Our Team

Fractional General Counsel Services

Pasha Law Select offers the expertise of a high-end general counsel legal team for every aspect of your business at a fixed monthly rate. Pasha Law Select is deliberately designed to allow our legal team to be proactive, to anticipate, and to be comprehensive in serving our clients. To be great lawyers, we need to know our clients. We can’t know our clients unless we represent a select number of clients in the long-term. This is Pasha Law Select.

Learn More