Legally Sound | Smart Business

Nasir and Matt kick off the next 100 episodes by discussing the religious discrimination lawsuit involving Abercrombie. They also answer, "The retailer argues in its brief that job applicants should not be allowed “to remain silent and to assume that the employer recognizes the religious motivations behind their fashion decisions.” Full Podcast Transcript NASIR: Welcome to our podcast where we cover business in the news and answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. This is Nasir Pasha. MATT: And this is Matt Staub. NASIR: Returning to our Episode 101 after our big 100. That was fun. I miss San Diego already. I already left. MATT: Yeah, you should. It’s nice here today. It’s probably not as nice where you’re at. NASIR: It’s terrible here. It’s like I’m in a swamp. MATT: It is much hotter here than normal. So… NASIR: Wow. That sucks. MATT: It’s probably still hotter where you’re at, but that’s fine. NASIR: So, what do we hav

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

Nasir and Matt talk about one woman's revenge against Huffington Post after she realized it used her photo without giving her credit. They also answer the question, "We are trying to negotiate a deal on entering into either a joint venture or some profit sharing partnership for our service and wanted to know if we can just use a term sheet before putting everything formally in writing." Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. My name is Nasir Pasha. MATT: And this is Matt Staub. NASIR: Very excited. This is our 99th episode. That’s about… if you take 101 and minus 2, that’s 99, to kind of help you out with that math. Very exciting. MATT: And it only took 99 episodes for you… I think that’s the first correct math problem you’ve done on the podcast so that’s always good. NASIR: Yeah. MATT: We should stop here. Well, not be

Nasir and Matt talk about the recent court decision that requires insurers to inform consumers of the name of a competitor. They then answer the question, "One of our employees is a backup driver for our food delivery business and we get a discount from our insurance company if our drivers take a defensive driving course; that employee ended up taking the course but did not get approval from HR, but from her supervisor. HR says we don't have to pay her for the day and tell her we're docking her a vacation day, I wasn't as sure. What do you think?" Full Podcast Transcript NASIR: All right. Welcome to our podcast where we cover business in the news and add our legal twist and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com and, of course, follow us at askbizlaw. MATT: And you are? NASIR: Oh, yeah. And my name is Nasir Pasha. MATT: I’m Matt Staub. I guess that was my opportunity to say my name first and I didn’t do it. NASIR: You to

Nasir and Matt kick off the week by discussingApple's assertion that itcannot crack into user's devices under the new operating system. They also answer, "Would like to find out if on-call, temporary Registered/Vocational Nurses who are paid "Per Visit" in a home care agency can be classified as "Independent Contractor"? They usually work for other home care agencies and visit other patients."

Nasir and Matt talk about the legal fallout from the Ray Rice suspension by the NFL and answer "I'd like to know about the legalities and liabilities from a safety standpoint - whose responsibility is it to check that items conform to safety laws, what can be done to ensure that CE Certification, Kitemarks, RF certification and so on are genuine? If a product breaks, who is liable? If a product causes harm to the end user, who is liable? What about textile or similar products requiring fireproofing treatment? Is liability insurance something the end seller should have or the manufacturer?It seems lots of people on here are eager to start importing things, but I'm deadly scared of ending up with something illegal or unsafe on my hands." See info for products liability for importers. Full Podcast Transcript NASIR: All right. Welcome to our business podcast where we cover business in the news and add our legal twist and also answer some of your business legal questions that you, the listener, can send in to a

Nasir and Matt discuss the recent ruling which allows Yelp to alter reviews based on whether a business purchases advertising. They also answer, "Hi, I am 16 and my partner is 15. We have started our own car brokerage business. When do you think we should actually establish and when we do, what should we establish as ensure we split control and ownership 50/50" Full Podcast Transcript NASIR: Welcome to our podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. This is Nasir Pasha. MATT: And this is Matt Staub. NASIR: Welcome to this podcast. Oh, I screwed it up. We had it so good but then I messed up. MATT: Yeah, should have maybe played it out for more than fifteen seconds, but I like it. it’s change it up, middle of the week. You know, people need some sort of something new – something new to listen to. NASIR: It’s like the seventh inning stretch and change it up, right? Change up the p

The guys discuss the beneficial license granted to Fig Newmans from Nabisco and also answer the question, "What things can I do to make my C Corp more attractive to investors?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha. MATT: And this is Matt Staub. NASIR: And welcome to the business legal podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to our podcast at ask@email or… MATT: I feel like you’re doing it on purpose now. NASIR: No, I’m not – ask@legallysoundsmartbusiness.com. You can email us at ask@email. Ah, all right, just don’t even email us. Just call us and leave a message. But you can also send us a tweet at @askbizlaw as well. And that’s our episode! MATT: I don’t even have a comment. Yeah, I feel like that took the entire time. NASIR: Oh, yeah, I’m sorry about that. I was just so excited about today’s episode that I got distracted. MATT: Yeah? You’re a big fan o

Nasir and Matt discuss the IRS looking into taxing free lunches provided by Silicon Valley companies. The two then answer, "I'm a franchisor, can I be held responsible for labor law violations of my franchisees if I don't know about it?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. You’re listening to Nasir Pasha. MATT: And this is Matt Staub. NASIR: That’s correct. Welcome to the business podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com and also ask us on Twitter @AskBizLaw and that’s our Twitter handle and you can also follow us and we may respond but we probably won’t. MATT: At least we’re honest. NASIR: No, we will respond. I’m just joking. MATT: I might not. I don’t think I have enough control of it. NASIR: Someone will respond out there. I’m not even in control of it either. It’s just some random guy. MATT: Just hoping that we convinced him to put

The guys discuss the trademark infringement case involving Mickey Mouse and Deadmau5. They also answer, "What should I include in a general release?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. You’re listening to Legally Sound Smart Business with Nasir Pasha. MATT: And this is Matt Staub. NASIR: And welcome to our podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com and, of course, follow us on Twitter. The Twitter handle is @askbizlaw. MATT: I don’t know how the intros get worse as the week progresses. I know I always talk about this but you’re so good at everything else. The intros, not as good, but that’s fine. Actually, I want to get into the story here but first it’s dealing with Mickey Mouse and a DJ but I just wanted to know. I’m guessing you don’t know who this is but I wanted to see how you would pronounce his name. NASIR: Oh. Uh, yeah, of course, it

Nasir and Matt kick off the week by talking about the newly introduced legislation that will require California employers to give all employees paid sick leave. They then answer the question, "Can someone claim trademark infringement if my name is similar to theirs but I pronounce it differently?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is your host and co-host, Nasir Pasha. MATT: And your other co-host, Matt Staub NASIR: Yes, and welcome to our business legal podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com and don’t forget to follow us on Twitter at @askbizlaw. Just follow us there and you can also ask your questions there. MATT: It’s the Monday following the first weekend of the NFL which I know you actually watch from time to time. NASIR: Yeah, I missed the Thursday night games but I do plan on catching the Sunday games that have already occur

Nasir and Matt end the week by discussing the recent study that shows how women may be discriminated against for the possibility of having children. They then answer the question, "Can my work monitor my cell phone usage at work if it's not a company phone?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha. MATT: This is Matt Staub. NASIR: And this is the podcast, your only podcast and only source for business in the news and, also, It’s not the only source for business in the news, it’s the only source for business legal news where we add our legal twist and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. MATT: And the only source of struggling intros in every single episode but that’s fine. NASIR: Ah. Well, I’m not a radio disc jockey as they would say. MATT: You were on the radio for a long time. NASIR: Yeah, but not as a DJ – more of a radio personality. MATT: Yeah, in the guest

Nasir and Matt talk about what to do when someone outside of your business takes control of your social media. They also answer the question, "Who can sign off on an agreement for a specific type of entity?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is… Matt Staub. MATT: Oh. NASIR: And Nasir Pasha. MATT: I would like to be introduced first one time, I guess. We’re only 89 episodes in, it’s still yet to happen, but… NASIR: One day. MATT: You never know. Actually, no, the one time you weren’t there, I introduced myself first. NASIR: Oh, that’s right. MATT: I forgot about that. NASIR: Oh, because it was a best of episode. You like to talk about that time that you did it by yourself. That’s interesting. MATT: It was only, like, a minute long at most. NASIR: All right. Well, welcome to the business law podcast. This is where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartb

Nasir and Matt discuss the recent case against FedEx that will affect many businesses. They also answer, "I noticed that there is already an (my business name)registered under FBN with the county. From a legal standpoint, are the names too similar for FBN? I was planning on checking name availability with CaliforniaSecretary of State anyways, in case I want to incorp down the road. Should I be legally worried about the names being so similar? I know this is separate, but I've already done a preliminary trademark search and haven't come up with much, but I though I should check that out too." Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha. MATT: And this is Matt Staub. NASIR: And welcome to our legal podcast where we cover business in the news and also answer some of your business legal questions that you have graciously sent in to us at ask@legallysoundsmartbusiness.com and that you can also do so in the future as well. MATT: I think the listeners are excited

The guys end the week discussing another well known company making critical labor law violations. The two then answer, "We are going through a rebranding process, what should we look for on the legal side?" For a more in depth analysis of today's question, check out Nasir's blog post. Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha. MATT: This is Matt Staub. NASIR: And welcome to the business law podcast where we cover business legal news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. MATT: After the two debacles earlier in the week, you finally got a good intro. NASIR: I know. MATT: Good job. NASIR: I’ve been practicing. MATT: Yeah. NASIR: It took me three times. MATT: I hope so. Once it gets to the end of the week, I hope you’ll be a lot better. NASIR: Sorry. Next time, you do it. MATT: Well, this isn’t like our last episode which dealt with football but we’re going to t

Nasir and Matt get into a discussion about the Oakland Raiders cheerleaders labor dispute. They also answer the question, "I want to start a fantasy football league with my employees. Are there any legal issues with this?" Full Podcast Transcript NASIR: Welcome to the NFL episode of Legally Sound Smart Business and this is Nasir Pasha. MATT: And this is Matt Staub. NASIR: And welcome to the podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. If it’s a question about your NFL football team, then just put in NFL in the subject line so we know that’s you. MATT: Are you going to be able to contribute this episode? I mean, you actually know a good amount about it. In your whole sports realm, NFL seems to be something you know about so I think we’ll be okay. NASIR: Yeah, I think so. I’m not really sure what NFL is though. What does it stand for? MATT: You know. I don’t know. I can’t come up

The guys kick off the week by discussing the Red Bull lawsuit over false advertising. They then answer, "My employees are receiving small tips on credit card receipts and we get hit with a processing fee each time. Can we deduct the fee from our employees' tips?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha. MATT: This is Matt Staub. NASIR: Welcome to the business legal podcast that covers business in the news and also answers some of your business legal questions that you, the listener, could ask a question at ask@legallysoundsmartbusiness.com. MATT: Oh. NASIR: By sending in an email address. MATT: Terrible intro. NASIR: Actually, the intro was good, but the conclusion of the intro was a little faulty. MATT: It’s all right. I mean, there’s a little bit of leeway on Monday so I’m not going to hold it against you. NASIR: True, just getting warmed up. MATT: I shouldn’t give you the leeway because this isn’t being recorded on a Monday morning but people

Nasir and Matt cap off the week talking about San Diego Comic-Con suing a comic con in Salt Lake City for trademark infringement. They then answer the question, "I want to bring on a new shareholder in my S Corp. The only problem is they are not a US citizen. How can I get around this issue?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha and… this is… MATT: This is Matt Staub. NASIR: Matt, Matt Staub. Darn it. Welcome to our business legal podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com, and that’s an email address so just don’t mail that in to that address. You have to use your email system to do that. MATT: You know, all week, you’ve been trying to introduce me, say my name at the same time I say it. It’s two different audio recordings so I guess, if you really wanted to, you could just have it be at the same time. I don’t know if it re

Nasir and Matt debate about whether a monkey can own a copyright to a photo and answer, "There has been a lot of chatter with my employees. Can I ban gossip in the office?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha… And this is Matt Staub. MATT: And this is Matt Staub. NASIR: Oh, nice. And welcome to the business legal podcast where we cover business in the news and also answer some of your business legal questions that you, the listener, can send in at ask@legallysoundsmartbusiness.com. MATT: Our video has a little bit of a delay so you can’t see when I’m talking. I know you were trying to time that so you said it at the same time but I got you on that one. NASIR: Even if I was a little off, we’ll have Chris line it up perfectly. MATT: Yeah. Now I’m concerned about the Friday episode because I feel like you’re going to see me. Actually, I’ve got something in mind. We’ll figure this out. But enough monkey business here because we have a story to talk ab

Nasir and Matt kick off the week by talking about Uber's deceptive tactics against Lyft. They also answer the question, "I recently incorporated in California, but when I tried to file for a DBA, my name was taken. Should I be concerned about this?" Full Podcast Transcript NASIR: Welcome to Legally Sound Smart Business. This is Nasir Pasha. MATT: And this is Matt… NASIR: And I’m Matt Staub – oh. MATT: You’re both people today. Well, I’m Matt Staub, but you can be both of us if you can emulate my voice. NASIR: And we’re both Matt Staub and welcome to the business podcast where we cover business in the news and add our legal twist and also answer some of your business legal questions that you, the listener, can send in to ask@legallysoundsmartbusiness.com. MATT: All right. Well, I’m going to jump into it and I tease this a little bit if anyone follows me on Twitter that we were going to talk about this again because one of our favorite topics – or maybe not “favorite” but one of our most talked about top