Episode 100! – Updates to Previous Podcast Stories

October 1, 2014

Nasir and Matt recordtogether for the first time forthe 100th episode. They give some updates onstories discussed in previous episodes of the podcast, including Arian Foster’s failed IPO, the Ryan Seacrest patent dispute with Blackberry, Johnny Manziel’s trademarks, the outcome from the Airbnb squatter, the settlement from the Oakland Raiders cheerleaders, and the podcast patent lawsuit involving Adam Carolla. Special thanks to Co-Mergefor providingspace for the recording.

Full Podcast Transcript

NASIR: All right. Welcome to our podcast, Legally Sound Smart Business, where we cover business in the news and answer some of your business legal questions. My name is Nasir Pasha.

MATT: My name is Matt Staub.

NASIR: And we are at number 99 episodes – or no, what are we at?

MATT: 100.

NASIR: Oh, 100, yeah, that’s right. 100 episodes recording live in… where are we right now, Matt? This is your pad.

MATT: Oh, yeah, Co-Merge in San Diego. Finally made it out here.

NASIR: Voted one of the top co-working spaces in the nation.

MATT: Yeah, number three co-working space in the US, recently voted.

NASIR: Voted by Matt and Nasir Pasha.

MATT: Yeah, I didn’t like it number one, but we’ll work you out of here for a while.

NASIR: Yeah, we’re recording in San Diego together for the first time ever after a hundred episodes and probably last.

MATT: It’s not really live though because this is going to be edited.

NASIR: Oh, that’s true.

MATT: It’s not live streaming.

NASIR: Yeah, though we do have a very wide live audience in the lobby.

MATT: There are a lot of people here for some reason that showed up, yeah.

NASIR: Not for us, though.

MATT: Well, there’s a lot of seats so there’s a lot of space for people to sit. There’s a lot of people outside.

NASIR: I don’t think we’re going to do any question this time around but we’re going to have a nice update on some of the old stories that we’ve covered in these past years – less than a year but in the last hundred episodes – or 99 episodes. So, what do we have starting off?

MATT: Well, I figured, what’s what best place to start than Episode 1? And this is actually pretty funny. So, I’ll give a little bit of background for every story we do just so, if people didn’t listen…

NASIR: No, they listened. Everyone has listened to every episode.

MATT: First episode, we talked about Arian Foster, the NFL player. It was basically an IPO for him, sort of. He was going to get paid $10 million for 20 percent stake of his future income – so, contracts, endorsements, and other business ventures. We talked about this on October. Let’s see. Well, actually, I guess it came out October 21st. I don’t know. We recorded it before that. And he got injured on October 28th and he was out for the season. So, he actually never played… he got hurt on the game on the 28th but, you know, had four carries and then didn’t play for the rest of the year. So, Fantex which was the company that was supposed to do this 10-million-dollar offering ended up just kind of pulling out on this or postponing it. I don’t know if it’s going to ever circle back around because he’s playing this year. Today, we’re recording on a Sunday. He’s questionable for today but he actually has played a couple of games.

NASIR: Yeah, I feel like we had cause of his injury or something because we basically called that as one of the biggest risks in investing – that these running backs get injured all the time.

MATT: Right.

NASIR: Literally within a week. I think we recorded on a Friday and that’s Sunday that occurred, right?

MATT: Yeah, that would have been it, yeah, because it came out on Monday the day after.

NASIR: Okay.

MATT: Yeah, we recorded on Friday, he gets – forget what he heard. He heard something about this seriously on Sunday and then Monday episode came out – our first episode ever and it was already…

NASIR: Yeah, if you guys remember, it was kind of a novel way to raise funds for him. But, what was weird is that, there was no company. So, what exactly is the investment? He’s basically selling future profits that are associated with deals that he makes but, again, it’s not really a business so it was so strange but I don’t know. Seems like gambling to me, if anything.

NASIR: Yeah, and the thing is, with NFL contracts, you get your guaranteed money but, so many of them, the way they’re structured, you can just cut players any time, especially running backs. For them, it’s the quickest they lose it of any player. I don’t know. It still makes sense from the beginning and obviously, you know, it didn’t work out but he had a couple good games this year so maybe they’ll think about it again. But he’s definitely not going to get that 10-million-dollar evaluation anymore.

NASIR: Yeah.

MATT: That’s for sure.

NASIR: Which is not uncommon for other IPOs. I mean, we just had the big one, Alibaba – that one Chinese eCommerce site – and they actually increased their evaluation before the IPO was launched because there was just so much buzz but I don’t know what’s going on with them now. But, anyway, that’s fun stuff. Very funny.

MATT: Update number one our own version of the… well, there’s the Madden curse, there’s the Sports Illustrated curse, I guess the Legally Sound Smart Business curse.

NASIR: Yeah.

MATT: I guess we talked about other players.

NASIR: Yeah.

MATT: I don’t know how they worked out.

NASIR: Well, we’re going to the Chargers game today against Jacksonville.

MATT: You’re going to the Chargers game. Don’t mention any players. Who do you not like? Just mention them and they probably get hurt today.

NASIR: I don’t think I can name one person on the Jaguars team.

MATT: I can name a couple but, yeah, their new rookie quarterback’s supposed to have his first start today so that’ll probably go over poorly.

NASIR: Is that what they’re changing up? Because of their 0-3 record right now?

MATT: Well, yeah, I think. I didn’t see last week’s game.

NASIR: I did see a person with a Jaguars jersey on.

MATT: Really?

NASIR: Seaport Village.

MATT: I was thinking, I don’t know any Jaguars fans.

NASIR: I don’t think they exist and I think they’re all on Seaport Village.

MATT: Yeah.

NASIR: That’s in San Diego, by the way.

MATT: I think people got that.
All right. We’ll get to the next one we have. This is a fun one, too. Ryan Seacrest, BlackBerry, what was the name of it? Typo?

NASIR: The Typo.

MATT: The Typo. If you recall, we talked about this, he created this attachment to the phone to a BlackBerry, well, was it?

NASIR: No, to an iPhone.

MATT: To an iPhone, yeah, but it looked like the BlackBerry keypad.

NASIR: Yeah, because they basically took the best part of the BlackBerry which is the keyboard and slapped it on an iPhone.

MATT: We, at the time, I think, thought it looked pretty similar.

NASIR: Yeah.

MATT: And that’s what a court ruled. When was this? Back in March it looks like. The San Francisco court granted a preliminary injunction against Typo prohibiting the company from selling it because they we’re selling it so bad news for Seacrest. But, he came out, of course, with a Typo 2.

NASIR: Very original name.

MATT: Yeah, which more or less looks like the same – it’s like the exact same thing, it looks like.

NASIR: The last time we posted a comparison between the Typo and the BlackBerry keyboard, I want to see another picture comparing the Typo 1 versus the Typo 2. Wait. Is the picture there showing the Typo 2?

MATT: Yeah, that’s the Typo 2.

NASIR: No way? It looks exactly the same.

MATT: I don’t really get what he changed.

NASIR: But, at the same time, I think we discussed this before. What’s the difference between a keyboard? There’s not very many variances that you can add in there.

MATT: Yeah.

NASIR: But, I mean, BlackBerry’s keyboard was pretty cool and I say “was” because I don’t think anyone uses BlackBerries anymore.

MATT: Yeah, they just had the new release of their… what’s the name of it?

NASIR: Blackberry 2?


NASIR: Obviously, Seacrest isn’t part of their marketing team.

MATT: What is the name? The BlackBerry Passport.

NASIR: Oh, sounds awesome.

MATT: I saw numbers for it a couple of days ago. Like, they sold, I want to say they sold like half a million in some small period of time but, like in the same period of time, iPhone sold like ten million. It was just, like, outrageous. Obviously, people don’t like the BlackBerry anymore.

NASIR: I’m looking at it now. Do you know what? The funniest part of it is that the keyboard is completely different. Is that touchscreen or is it… I think the keyboard is touchscreen, is it?

MATT: I don’t know. I haven’t even really looked at it.

NASIR: No, it is a keyboard only.

MATT: Is it the one that’s just a rectangle?

NASIR: It’s the size of a passport, basically.

MATT: Yeah, it is. It is different. Okay, well…

NASIR: It’s actually kind of cool.

MATT: That’s why Seacrest has this new thing.

NASIR: I’m probably going to buy one.

MATT: Because this definitely looks less like the old BlackBerry keyboards.

NASIR: Yeah.

MATT: I don’t know. I mean, obviously, they are trying to sell to business people. In that sense, I’m guessing, international business people because of the passport. Well, they have a new CEO, too. I think he was trying to push it this way.

NASIR: Oh, okay. You know what, the fact that they got a preliminary injunction, it’s not a win but it practically is.

MATT: Yeah.

NASIR: Because a preliminary injunction, in order for it, in the patent world, to actually be implemented, the judge has to basically decide that there is a likelihood of success and – think about it – you’re walking into a court room and the judge is pretty much saying, “Well, it looks like they’re going to win without much evidence before them yet.” That’s not really a good starting point.

MATT: Yeah. Well, I don’t know about BlackBerry or Seacreast. I don’t know if any of these thing are going to work.

NASIR: I guess this will be an Episode 200. We’ll see if BlackBerry follows up with the Typo 2 and see if they want to include that in a law suit as well.

MATT: Well, I think before I made the comment on how this is the best news, the best PR that BlackBerry has gotten.

NASIR: Oh, yeah.

MATT: They haven’t done anything.

NASIR: Well, the problem is that half of their publicity is coming from us, you know? We should really get paid.

MATT: Yeah.

NASIR: Money.

MATT: Well, we should mention that we actually struck a deal with BlackBerry and our podcasts just come automatically preloaded on the BlackBerry passport.

NASIR: Yeah. But then, wait, that wasn’t a great deal because we don’t get that many listeners from that aspect.

MATT: The same deal that U2 struck with Apple. We have the same thing.

NASIR: Yeah.

MATT: You can see where each of these respective… Well, I don’t know, U2 is an aging band, they’re not popular.

NASIR: Yeah, we’re fresh.

MATT: We’re on the rise. All right. Well, we’re going to do another football update.

NASIR: Half of our episodes were on football.

MATT: That’s true. Or pizza. I guess we killed this guy’s career, too. Well, he hasn’t done anything yet – Johnny Manziel – because we talked about the trademark “The house that Johnny built” – how there was some controversy over filing the trademark and whether Texas A&M owned it or what have you. So, I guess the first update is this – that Manziel is now filing for his tenth trademark. Keep in mind, this is someone who played one snap last game as his first play in the NFL but there was a penalty. I guess that gets negated. I don’t think that counts as actually playing it.

NASIR: Though he’s never played?

MATT: They ran this trick play for him where it looked like he was on the field, looked like he was arguing with the – I’m not kidding – it looked like he was arguing with the coach, standing on the field. They hiked it because the other team thought he was just arguing then he sprinted down the line. They threw it to him. He caught up but there was a penalty for I think illegal formation.

NASIR: Yeah, so that means the play never happened, according to that rule. That’s funny. I feel like, if I ever play for the NFL, that would happen to me. I would never get to actually play.

MATT: That’s fine. You still get paid. I mean, he’s getting good money to play – better than not playing, I guess.

NASIR: Money is not everything, man. It’s about the glory.

MATT: Yeah. I mean, he’ll play at some point. He’s a rookie. But “The house that Johnny built,” I was looking into this and there was one that was filed December 27, 2013 by which estate sales, oh, proprietorship in Texas, Rachel Fitch. I don’t know who that is.

NASIR: I’m thinking this may be another Arian Foster thing because it’s like there’s so much build up. He’s filed his tenth trademark. Most businesses don’t have that many trademarks, let alone just an individual that plays football, and not to diminish what he does but… and Johnny Cleveland? Not the best. I like “The house that Johnny built.” It’s a little bit better.

MATT: Well, that’s what I was saying. “The house that Johnny built,” there’s been two trademarks that have been filed. He is the second one, January 29th of this year.

NASIR: Filed later.

MATT: Yeah. This one by someone in Texas was filed earlier and it looks like it’s the same.

NASIR: But that was this year right? Might still be challenged.

MATT: Yeah. Well, the first one was in December 2013 and then Manziel or whatever weird company he has, and then the fifty companies he has filed in January. That’s the other thing too. He’s got… what was it? John… what’s his company? Johnny 2? JM2? Something weird.

NASIR: I don’t know who’s going to actually be using these trademarks at the end of the day if he doesn’t do well, if he doesn’t play.

MATT: He never plays. That’s the thing. There’s possible value behind this but he has to play at some point.

NASIR: Yeah, he has to play.

MATT: Well, he has all these endorsements, too, just because he is popular. Cleveland is on the rise with Lebron coming back.

NASIR: Yeah.

MATT: He has the number one best-selling jersey on the NFL site so obviously he has value.

NASIR: Really?

MATT: Yeah, he has value but…

NASIR: I know why because, for the first time ever, Cleveland has some kind of hope and they such have a fan base. They’re like, “Oh, okay.” They’ve been waiting to buy a jersey for someone they like.

MATT: Yeah, I don’t know the last time they had a player that was really, I mean, Jamal Lewis maybe? A while ago but I meant a player worth anything.

NASIR: I haven’t paid attention to the Browns since they became the Baltimore Ravens. They moved, remember?

MATT: Yes.

NASIR: Then the Browns came back.

MATT: Yeah, it doesn’t make any sense.

NASIR: We were going through this updates. But, I don’t know if we related to this to like our listeners’ small and medium-sized businesses. If you are in a business filing trend trademarks, we use these questions all the time. I mean, obviously, you want to file a trademark for things that you are actually using and have some value in it. But, at the same time, filing a trademark is not that expensive. But the problem is you also have to use it in order to maintain your trademark protection. You can’t just come up with an idea. Otherwise, you would have to file for a statement of use.

MATT: Yeah.

NASIR: That’s another thing. Is he even using this trademark if he is not playing? I think, technically, if I was a USPTO, I’d be like, “Let’s actually play a game in order to get these trademarks.”

MATT: Well, I think he is probably selling merchandise with it on there is my guess.

NASIR: No, he has to play the game. That’s the rule.

MATT: Yeah. Well, there was a funny one, too. I can’t find it now but it was like the… Oh, Juanito Futbol. He didn’t file for that. It’s a Spanish version of “Johnny Football.” It was allowed and subsequently registered by a person not tied to Manziel and without his permission.

NASIR: Oh, that’s a good one actually.

MATT: I thought that was pretty funny.

NASIR: It’d be good if he was playing in Texas but Cleveland doesn’t seem a good fit for that.

MATT: Yeah, that’s a good point. I don’t know how much of a Spanish draw he’s…

NASIR: Yeah.

MATT: He’s from Texas, played in college there. But, yeah, in Cleveland, orobably not the biggest Spanish-speaking population. So, what else do we have? Airbnb squatter – this was more recent. We talked about this how, at the time, someone had kind of beat the system and basically had a free place to stay at this condo in California.

NASIR: We forgot to mention, we were guests on another podcast where we talked about all the legal aspects of Airbnb and we talked a little bit about this. We really didn’t update it but just the risk. We talked a little bit more about how renting out your space comes with so much risk, you really have to know exactly what you are doing. It’s not that as easy as people think. I know this guy was in California. Well, this was in Palm Springs, right?

MATT: Yeah.

NASIR: Yeah, and California has like pretty strict landlord-tenant law in favor of the tenant, but they got this guy out, huh?

MATT: Yeah, it looks like Airbnb kind of footed for any additional expense or whatever.

NASIR: Really?

MATT: Yeah, they kind of footed the bill.

NASIR: That’s cool.

MATT: That’s the move to make. I mean, for them, it’s not that much money.

NASIR: It’s not that much, exactly, yeah, especially since they got so much publicity. That’s the issue, too.

MATT: The funny thing too – I mean, just to update kind of the fact – this woman, I don’t think she was even close to where her condo was so she wasn’t around or maybe she just didn’t want to go there. She kind of had people walking around all the time, just checking it out. One day, the guy just left and there wasn’t really any damage or anything – you know, normal wear and tear.

NASIR: Okay, so he was just chilling there.

MATT: Yeah.

NASIR: It could have been worse. It definitely could have been worse.

MATT: Did we mention on the podcast how he had that $40,000 Kickstarter campaign?

NASIR: Yeah, I don’t remember if we talked about it as an update. But that guy, basically, he’s had two campaigns, right? He’s had one where he got a bunch of money, he was still finishing it up and it’s been delayed a bunch of times. But then, he had another one that’s he was raising more funds for which reminds me of that South Park episode.

MATT: South Park? Oh Yeah.

NASIR: Which talks about… I’m not a fan at all. Matt told me about it. But that was a great episode.

MATT: I hadn’t watched South Park in years but it was about the NFL and it was about Kickstarter. I was like, “I’ve got to check this out.”

NASIR: Kickstarter and trademarks. They talked about the Redskins.

MATT: It was pretty funny. Took some shots at the Kickstarter community for sure.

NASIR: The startup community too because, basically, it’s true. These guys post these projects and there is very little obligation. They are basically asking people to invest in their company with no return.

MATT: Yeah.

NASIR: You know, they get some kind of product or whatever. Well, the Kickstarters that are good – and I think most of them try to be like this where you’re almost buying a product, presales.

MATT: Yeah, that’s all it is – presale.

NASIR: But, sometimes, it’s not always like that though, I feel, because sometimes you pay $5.00, you get a button with a logo on there or something.

MATT: Yeah, I never really understood that. I mean, unless I knew the person, I wouldn’t really want to give money first or something. I’m just paying for you to help create your product.

NASIR: To do nothing.

MATT: Yeah.

NASIR: Which was, with the South Park, the premise is that, to use the Redskins trademark because, if you recall, we also covered how the Redskins lost their trademark protection on the USPTL and so forth and I thought that was pretty interesting.

MATT: Three football updates we’ve done so far.

NASIR: Well, it is related to the law.

MATT: Sunday, like I said, it’s football.

NASIR: Football Sundays. Sunday, Sunday, Sunday!

MATT: We’re going to the game here for a couple of hours.

NASIR: Yeah.

MATT: Actually, another football story!

NASIR: Oh, nice!

MATT: Wow. That wasn’t even intentional. I just was looking down the line of what we had. Well, this is a request. I asked my wife who listens to maybe a quarter of the episodes.

NASIR: At least she listened to this one.

MATT: Yeah, she did because I said, “Are there any episode?” jokingly asked her, “Are there any other episodes you want to update on?” She said, “Yeah, the one with the Oakland Raiders cheerleaders.” I was like, “Oh, okay. I guess I will look into it,” because if you recall, at the time, it seemed like a poorly structured lawsuit.

NASIR: Oh, yeah.

MATT: Because they kind of went after the wrong people and the NFL was basically saying, “We’re immune to these labor lawsuits. You need to go after the actual franchise.” I guess that’s what they did because they just had a settlement.

NASIR: With the Oakland Raiders.

MATT: Yeah, a settlement with the Raiders for $1.25 million and then I think that covers 90 of the cheerleaders over however many years spent? Yeah, 90 women since 2010, 2011.

NASIR: Oh, okay.

MATT: So, dating back a few seasons, 90 cheerleaders, $1.25 million. It’s pretty good, and this is an addition to fact that ever since this kind of surfaced, the Raiders have upped their pay.

NASIR: That’s fixed everything basically, right?

MATT: Yeah. Basically, instead of paying them, I don’t know how they got around this. Other than the poor pay, they were paying them at the end of the season. They weren’t even paying them, every two weeks.

NASIR: That’s terrible!

MATT: So, they were working the entire year and then just paying and giving them a check for like minimum wage.

NASIR: I mean, I know the Raiders aren’t like the best, most richest team in the NFL but it’s still an NFL team, I mean, geez!.

MATT: And I think they might only have been paying them for the actual game time. So,practicing and all that stuff didn’t count, I want to say.

NASIR: And, if they were late, they would get penalized and so we definitely missed an update because the first news article talks about how NFL was being sued for this and being the wrong party and then all of the sudden the Raiders are the ones settling. So, obviously, they listened to our podcast and fixed their lawsuit.

MATT: Yeah.

NASIR: That could only be the only explanation.

MATT: Only explanation.

NASIR: It’s funny because the settlement is like what they’re supposed to do anyway but now they are being paid minimum wage, they are paid every two weeks, et cetera, and then they have this weird complex formula on getting their wages back from previous seasons.

MATT: I just can’t believe that they paid them a lump sum at the end of the season.

NASIR: Even if there were contractors, right? Even if they were…

MATT: It’s so insane. Because the NFL season, just from the start, the first game ‘til the end, it’s 17 weeks. The time I’m counting is the time preseason and all that so that is such a long period of time to just not getting compensated for anything.

NASIR: And check this out, too. It’s not like they are being paid like an employee like $30,000 at the end of the year. Their annual compensation for the entire season was $1,250. Can you imagine that? I mean, like, how many tickets is that at any given game, right?

MATT: Yeah, it doesn’t make any sense, that’s why the NFL has a lot of problems. Back then, it was a non-profit.

NASIR: Yeah, you’re right. It’s not a coincidence that the NFL keeps coming up in this stuff. If you go back even further with Junior Seau, right? And the whole controversy regarding concussions and things like that and how the NFL’s handled that all the way to how they handled the cheerleaders of the teams, how they handled this domestic violence issue and the trademark issues with this racist team name in Washington.

MATT: Yeah, a lot of problems. I guess I’m just looking through this more now too. There are these other cheerleader groups from teams that have filed – Cincinnati, Buffalo, Tampa Bay, and New York Jets. And there also it looks like a second lawsuit pending against the Raiders.

NASIR: One of the biggest questions, in fact, I was in Northern California giving this presentation on some contracts and someone asked me, “Well, you know, no one does that in our industry.” Like, basically, kind of pushing back a little bit which is good, you know? But here is the NFL. Every team probably handles their cheerleaders the exact same way. And just because everyone else in your industry does it, doesn’t mean that that’s correct. And it’s the companies that actually are a little bit more cognizant of these issues that become leaders. I mean, think about it, if you’re the only company that is compliant with the law and all the other companies in your industry go down because of something like that or they become penalized by it, you are going to benefit. Compliance is important.

MATT: Somehow I just saw this. Someone got their hands on the secret Oakland Raiders cheerleaders handbook.

NASIR: Secret, huh? Is it like a secret menu?

MATT: it doesn’t paint the… yeah, it’s pretty bad. I don’t know.

NASIR: I’m interested.

MATT: Are you looking at it?

NASIR: No, I’m trying to find it.

MATT: The bottom of that article.

NASIR: A horrible Raiderettes handbook.

MATT: Yeah.

NASIR: This is interesting. This is a little dramatic, too. I have in my possession a copy of The Super Secret Official Oakland Raiderettes Handbook which outlines employment policies – the etiquette to football’s fabulous females.

MATT: There is dining etiquette, dresses, how to eat food in front of other people.

NASIR: Ah, very important.

MATT: Basically, it looks very demeaning to the cheerleaders and the females in general. I mean, obviously, it’s the NFL. The funniest thing too is this is going to be really interesting. I don’t know if you know this or if you remember, I think it was in October. Every season, the NFL has like their breast cancer awareness where everything’s pink.

NASIR: Yeah.

MATT: If they’re going to do it again this year, I’m sure like, are they really going to act like they really care about women? Like after all the things.

NASIR: That’s true. That’s a good point. When that comes up this year…

MATT: It’s like, “Hey! We actually care about women.” It’s like, well, you obviously don’t if you’ve seen anything you have done in the last season.

NASIR: There’s already controversy surrounding that charity in the first place of how much money does not go to actual research. But, yeah, you are right, that’s a huge deal. Also, look at a section called Rehearsal Absentee and Missed Games policy. If you guys recall, they weren’t being paid for rehearsal. But, not only that, if they were late, if you miss a Saturday rehearsal or weekday rehearsal, you will not be allowed to cheer that game. This means you will be fined one and a half absences for the missed rehearsal and $125 will be deducted from your end of season pay for not performing on the game day. You will be notified if you are required to perform at the pregame and/or half-time routine and then remain in the dressing room for the duration of the game.

MATT: That’s so ridiculous.

NASIR: That’s hilarious. Since three lates equal one absence and missing a rehearsal before a game is one and a half absences, you can find yourself with no salary at all at the end of the season.

MATT: Why even show up at that point?

NASIR: Oh, wow

MATT: It’s not surprising they settled for $1.25 million.

NASIR: Yeah, who know if that’s even enough? I don’t know how long that goes and how many people it covers but, well, welcome to the minimum wage.

MATT: Yeah.

NASIR: The Raiderettes, congratulations.

MATT: The Raiders is a terrible franchise anyway.

NASIR: Yeah, Chargers rule.

MATT: They are playing in London right now as we speak.

NASIR: What?

MATT: A London Game.

NASIR: Against who?

MATT: Miami.

NASIR: I don’t know why they do that. That’s weird.

MATT: Because they are trying to expand. They want to have a team in London which would be the worst thing ever.

NASIR: That is the worst thing ever. I mean, yeah.
MATT Imagine if you played for that team, you’d be travelling nonstop. It’s awful.

NASIR: I mean, maybe if you went travelling, it’s a little bit better.

MATT: If you had to go there once a year, it’s not bad, but if you’re the team that’s playing, if eight of your home games are in London and your other eight games are randomly sporadically thrown out throughout the US? “We’ve got to go to Seattle this week. “

NASIR: Yeah, you would spend most of your time in the US.

MATT: That’s terrible, really terrible.

NASIR: I support it.

MATT: All right. We have one more update on what else is better than a podcast update? We talked about the awful patent l trolls that went after the podcasting industry – Adam Carolla, Mark Maron, a bunch of those guys, a bunch of the bigwigs. It turns out there was a joint motion dismissed without prejudice, right?

NASIR: Yeah, without.

MATT: Without prejudice meaning that, if they wanted to come back, they could. But, basically, once they did the discovery, they found out, it turns out these podcasters don’t make enough money for us to really go after you. So, they just want to drop the case. Now, remember, at the time, when this news first came out these patent trolls or whoever is representing them wanted to drop the case and I know Adam Carolla and maybe other ones too said, “Nope, we don’t want to do that. You guys started this, you see it out,” and then I guess at some point they just kind of… This is someone who raised all his money through…

NASIR: It was crowdfunding but it wasn’t…

MATT: Yeah, it wasn’t Kickstarer. I think he did like FundMe?

NASIR: Yeah, FundMe I think it was, yeah, which is great. I mean, obviously, he is fighting our fight, too. Because, if they knew how much we get paid from our sponsors for this podcast, we would be next on the list, you know?

MATT: Yeah. I mean, we are not like the other podcasts that don’t make a lot of money.

NASIR: Just so you guys know.

MATT: Yeah, that’s an update from us.

NASIR: We just wanted to brag a little bit about that aspect of our show.

MATT: So, what’s going to be new? Now that we have done 100 episodes, what’s going to be new moving forward?

NASIR: That’s a good question. I think we’re still going to talk about how I hate Yelp and I still boycott them. I think we’re still going to talk about how sauce is more important than our crust in our pizza place which we are going to start, sauce-free crust, right? We decided today.

MATT: That’s a pretty good name, I’ll have to give you that.

NASIR: Yeah. Well, I hope no one takes it. But, sauce-free crust, and you’ll be back in the kitchen advising the cook on some pizza ingredients and recipes.

MATT: Sauce-Free Crust, yeah. That’s a good name. I do like that.

NASIR: As we also give legal advice in the front.

MATT: Yeah, we didn’t really do a good job tying any of this into like actual small businesses.

NASIR: That’s true but, yeah, it was a fun episode. You know, just updating.

MATT: We wanted to do something different for Episode 100 so we did two things different. I guess there is a lot of things but, basically, everything we did was different from what we normally do.

NASIR: We should also cover more Uber and Lyft. Well, I don’t know, Lyft, I don’t hear about them anymore. By the way, I decided too, I didn’t make it official but I’m boycotting Uber too because of their bad business practices. When I was in San Francisco, the taxi cabs were almost just as expensive. You have to pay a tip but pretty much similar price.

MATT: There was also another company too that just kind of got thrown in with all this and that I saw, at least a California, Sidecar.

NASIR: Sidecar?

MATT: Which I haven’t heard of. There is Car2Go which is pretty big in San Diego.

NASIR: Yeah, Car2Go and there is also Zipcar

MATT: Zipcar, yeah. But there is Sidecar – the smartphone app matches everyday people on their own car with people nearby for shared rides.

NASIR: It’s like a carpool, yeah. Okay, that makes sense, and both Los Angeles and San Francisco City filed, I don’t know if it was a lawsuit or whatever but basically alleging some fraudulent activity of Uber because they made some representations of their background checks and, just when I was in Northern California, there was a local news article about how some Uber driver beat some of the passengers to like… He had this big, like, he might lose one eye or something.

MATT: Well…

NASIR: That’s Uber for you. No, just joking. Anyway, so if you guys are listening and you’re in town in San Diego, I’ll see you guys at the game even though this will be released later or a few days later.

MATT: Yeah, middle of the week next week. Pretty confident about the Chargers’ chances today. They are going up against a pretty bad team.

NASIR: Yeah, we will enjoy ourselves.

MATT: Yeah, it should be a fun time.

NASIR: All right, guys. Thank you for joining us, our hundredth episode and looking forward to a few more.

MATT: Yeah, keep it sound and keep it smart.


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.

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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.
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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.

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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.

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