Is That Even Legal?

Send us a textYour side hustle might be breaking the law without you even realizing it. From hair styling in your living room to weekend handyman projects, what starts as innocent extra income can quickly cross invisible legal boundaries—with serious consequences.Attorney Marshall Hunt returns to dissect the hidden legal risks lurking beneath today's booming side gig economy. While everyone seems obsessed with developing that perfect income stream, few understand when these activities trigger legal requirements. Hunt reveals how licensing requirements now affect 30% of American careers, up from just 5% fifty years ago, creating a minefield for unsuspecting entrepreneurs.The conversation dives deep into unlicensed contracting—a particular danger zone where well-meaning handymen can find themselves facing criminal charges, unable to collect payment for their work, and personally liable for any damages. We explore real-world examples of entrepreneurs who started small in residential neighborhoods only to face angry neighbors, zoning violations, and HOA restrictions that threatened their livelihoods. One mechanic's journey from fixing cars in his yard to running a legitimate multi-bay shop demonstrates both the promise and peril of growing side businesses.As your side hustle expands, so do the risks. Hunt explains when it's time to consider professional insurance and form an LLC to protect your personal assets. The good news? That LLC is easier to set up and maintain than you might think—and could save you from financial disaster if something goes wrong. Whether you're moonlighting as an electrician, selling crafts online, or renting out property, this episode provides the essential legal framework to protect yourself while pursuing your entrepreneurial dreams.Ready to make sure your side hustle stays on the right side of the law? Subscribe now and learn how to transform your passion project into a legitimate business without the legal headaches.

Send us a textAre you aware of the complexities that can arise when you trust a financial advisor with your hard-earned money? This episode takes you on a journey through a riveting case of betrayal, where a financial advisor exploited the trust of a long-time client, leading to significant financial losses. As we dissect this story, we unveil the crucial lessons that can be learned from such disheartening incidents, emphasizing the importance of continuous involvement in your financial journey.Navigating the world of investments can be daunting, and trusting the wrong person can have devastating consequences. We discuss the delicate nature of roles between financial advisors and trustees, emphasizing the red flags that should never be ignored. You'll learn how to effectively separate these roles and why doing so is essential for your financial well-being.Join the conversation where we share steps you can take to ensure your financial security, including the importance of regular checks on your investments, understanding the roles of fiduciaries, and the need for transparency in financial dealings. Protecting your future starts with being informed and vigilant.Don't wait until it's too late to secure your wealth! Tune in, and be sure to subscribe for more insights on safeguarding your finances while navigating the often murky waters of financial advice. We're committed to helping you make informed decisions—because no one cares about your financial well-being more than you do!

Send us a textWhat happens when the iconic term "superheroes" loses its trademark status? Attorney Taylor Barlow from Davis Miles joins us to uncover the intriguing case of DC and Marvel's once jointly-owned trademark and how it fell into the public domain due to genericide. We explore the dynamic world of trademarks, revealing their role as essential source identifiers beyond just logos and names—extending to scents and sounds, such as Hasbro's Play-Doh aroma and NBC's famous chimes. Taylor shares fascinating examples of how trademarks shape brand identity and even touch on the potential for trademarking personal names if used commercially.But the conversation doesn't stop there. We expose the notorious practices of "trademark bullies" like Monster and Apple, who use their financial clout to intimidate smaller businesses through costly legal battles. Hear about the struggles of entrepreneurs when faced with such aggressive tactics, including a revealing UK case against Monster. Taylor offers strategic advice for those caught in similar situations, highlighting the importance of being proactive and considering options like seeking declaratory judgments to fend off corporate giants. Get ready for a compelling discussion on the complexities of trademark law and the strategies entrepreneurs can employ to protect their brand identity.

Send us a textCould you lose $400,000 to a sophisticated email scam? Join us as we uncover the alarming rise of wire fraud in the real estate industry with Angelika Dobler, an experienced litigation and appellate attorney specializing in real estate litigation. Angelica shares a distressing case where a buyer fell victim to a sophisticated scam that led to a massive financial loss. With FBI statistics pointing to a significant surge in these types of crimes, we discuss how scammers spoof email addresses and exploit the quick pace of real estate transactions to deceive unsuspecting buyers and sellers. Learn why the real estate sector is particularly vulnerable and understand the critical need for heightened awareness and preventive measures to protect your investments.Discover actionable best practices for preventing wire fraud from disrupting your real estate transactions. Angelica and I emphasize the importance of due diligence, secure verification methods, and face-to-face conversations. We also delve into the role of secure servers and consistent procedures in safeguarding against fraud. Additionally, we explore the potential for insurance coverage and the immediate steps victims should take to mitigate their losses, such as contacting their bank's fraud department and the FBI. This episode is packed with practical advice and insights that could save you from becoming the next victim of wire fraud. Tune in to protect your hard-earned money and ensure your real estate transactions are secure.

Send us a Text Message.Could your lack of estate planning be setting your loved ones up for a legal nightmare? Join us as we unravel the critical importance of having a robust estate plan, featuring insights from top asset protection attorney Ike Devji. Through the heart-wrenching story of Jay Leno and his wife, who suffers from dementia, we highlight the dire consequences of neglecting basic estate planning measures like revocable living trusts and powers of attorney. Our discussion sheds light on the emotional and financial turmoil Leno faced due to inadequate preparation, (he has since been granted conservatorship) emphasizing the essential steps high-net-worth individuals - and most everyone else -  must take to safeguard their families in order to preserve wealth.Do you know that the same types of principles impacting Leno's estate impact you too? Dive into our hypothetical scenario of planning Jay Leno's estate, where we navigate the intricacies of ensuring that his final wishes are honored amid potential family disputes and diminished capacity. We stress the importance of rock-solid legal documentation, from healthcare directives to living wills, and reflect on how Leno's extraordinary career and unique car collection influence his estate planning decisions. Tune in to discover the pivotal steps that can protect your legacy and spare your loved ones from unnecessary legal challenges.

Send us a Text Message.Uncover the legal maze of adverse possession and residency issues with a spotlight on protecting your property. Bob delves into the distinctions between simply trespassing and taking up residence, stressing the urgency of quick action in tenant-friendly states. We also discuss the peculiar challenges snowbirds face upon returning to their Arizona homes, potentially occupied by squatters. Gain essential insights into preventive measures to safeguard your property during lengthy absences, offering valuable knowledge for both property owners and legal aficionados alike.Curious about the fine line between squatting and trespassing? Discover the intricacies of squatting laws, featuring attorney Bob Sewell, as we humorously tackle Sarah Clifford's playful attempt to "claim" the sixth floor of our office. We dissect how squatting regulations vary across regions, including an intriguing look at a high-profile case involving Gordon Ramsay's London restaurant. Bob highlights the legal obstacles landlords encounter in Arizona, emphasizing the importance of navigating the court system and bypassing self-help measures to resolve these disputes effectively.

Send us a Text Message.Can TikTok's data practices be trusted, or are there deeper privacy risks lurking behind its addictive interface? Privacy expert K Royal joins us to dissect the critical question, “Is that even legal?” This episode uncovers the sophisticated algorithms driving TikTok's uncanny content personalization and the significant privacy risks entailed, such as potential keystroke logging and extensive data access. We compare TikTok's practices to other social media giants, exploring why these concerns have led to global governmental crackdowns and what it means for user privacy and data security.We also tackle the contentious issue of banning TikTok in the United States, balancing national security concerns with First Amendment rights. This debate has vital implications for small businesses, artists, and influencers who depend on the platform. Could a comprehensive federal privacy law offer a better solution than an outright ban?  Royal weighs in with her expert insights, underscoring the urgent need for robust legislative action to protect consumer privacy across all media companies.  Listen in for an enlightening discussion that highlights the necessity for Congress to prioritize consumer data security in the digital age.

Send us a Text Message.What if the future of your career hinged on a single legal clause? Join us as we unpack the complexities of non-compete agreements with attorney Dave Williams, an authority on administrative law and non-compete clauses. Listen to an eye-opening real-world cases that underscore the complex balance between how these agreements can protect businesses and how they also can potentially stifle innovation and competition. With the Federal Trade Commission's recent move to invalidate non-competes nationwide, affecting 30 million U.S. workers, we question what the long term impact will be on the long-standing balance between safeguarding business interests and fostering a competitive job market.This episode dives deep into not just the legal ramifications but also the human impact of non-competes. We explore how these agreements can either protect or hinder workers, especially in smaller communities where job opportunities are limited. To navigate this shifting landscape, we discuss alternative measures like non-solicitation and non-disclosure agreements, which businesses might find more enforceable. Gain insights on how to strategically protect confidential information and prepare for the possible new FTC rules that could reshape employment contracts forever. Don't miss this essential conversation that blends legal expertise with practical advice for business owners and employees alike.

Bob is fascinated by the balance between the need for regulation and the vast growth of the administrative state. We are also fascinated by just how much the political winds impact the law...even though we like to believe it is solid and hard to change.  Look no further than the 88-year-old National Labor Relations Act, and the National Labor Relations Board (NLRB) which it created. It is now under fire at the Supreme Court.A product of the New Deal, the NLRB has yet to face such a challenge in the modern era, but major companies like SpaceX, Starbucks, and Trader Joe's have marshaled a constitutional challenge to the legitimacy of its composition and enforcement activities, hoping to eventually find a sympathetic ear before the U.S. Supreme Court, currently controlled by a conservative majority. These arguments range from challenges to the board's impartiality to issues concerning the separation of powers doctrine, given the inability to remove board members except “for cause,” to violations of due process and deprivation of the right to trial by jury under the Fifth and Seventh Amendments, respectively. And given the Biden NLRB's aggressive policy and enforcement prerogatives, these arguments have begun to become commonplace defenses against its actions.John Balitis knows the NLRB. He knows what it is like to "walk in" and face an administrative investigation/prosecution/enforcement/judicial and appellate body...ALL IN ONE!His prediction? Somehow the board...which impacts virtually every workplace...is likely going to be a different animal once the Supreme Court rules.  How different?  What does it mean for employers?  Employees?Take a listen now!

THE SUPREME COURT WILL SOON DECIDE: If a social media censures you for your viewpoint - does that violate the First Amendment? If laws tell Social Media companies they must publish your viewpoint...is the company's First Amendment rights violated?We all say we want free speech. But if you own a private company can the government tell you what it can and cannot post?  Are social media companies the public square...common carriers...or...private companies that can choose their own content?That is the question before the Supreme Court. In this episode, Bob talks with Supreme Court scholar Eugene Volokh:Facts of the caseThe State of Texas enacted HB 20 to regulate large social media platforms, such as Facebook, X (formerly known as Twitter), and YouTube. The law purports to prohibit large social media platforms from censoring speech based on the viewpoint of the speaker.NetChoice and the Computer & Communications Industry Association filed a lawsuit against the Attorney General of Texas, challenging two provisions of the law as unconstitutional: (1) Section 7, which prohibits viewpoint-based censorship of users' posts, except for content that incites criminal activity or is unlawful. (2) Section 2, which requires platforms to disclose how they moderate and promote content, publish an "acceptable use policy," and maintain a complaint-and-appeal system for their users.The district court issued a preliminary injunction, holding that Section 7 and Section 2 are facially unconstitutional. The court argued that social media platforms have some level of editorial discretion protected by the First Amendment, and HB 20 interferes with that discretion. On appeal, the U.S. Court of Appeals for the Fifth Circuit reversed, rejecting the idea that large corporations have a “freewheeling” First Amendment right to censor what people say. It reasoned that HB 20 does not regulate the platforms' speech but protects other people's speech and regulates the platforms' conduct.Question:Do Texas HB 20's provisions prohibiting social media platforms from censoring users' content and imposing stringent disclosure requirements violate the First Amendment?Our guest:Eugene Volokh teaches First Amendment law and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, tort law, and a seminar on firearms regulation policy.Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.Volokh is the author of the textbooks The First Amendment and Related Statutes (6th ed. 2016), and Academic Legal Writing (5th ed. 2013), as well as over 90 law review articles. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a leading legal blog. His law review articles have been cited by opinions in eight Supreme Court cases and several hundred court opinions in total, as well as several thousand scholarly articles.

In Arizona, the 'Gilbert Goons'  have grabbed headlines - sending fear and concern throughout a traditional suburban community - a case where teens are charged with violently attacking others.When things like this occur, one of the overlooked aspects of the legal system is this: THE LIABILITY OF THE PARENTS.The assets of the parents of the alleged assailants are often highly at risk.  Is That Even Legal?Meet Asset Protection guru Ike Devji. His clients have seven billion dollars under his guiding hand.  In his interview with the incredible Bob Sewell,  Here are some highlights:From the moment you become a parent, your risk profile changes, and it is never too soon to consider asset protection.Often, the children of affluent parents have access to choices and property that can elevate risk for their parents.Parent's should always we aware of their insurance coverages, their business interests and risks and explore legal advice on how to protect their assets.Your child my never cause an accident, join a group of "goons," or otherwise incur large financial risk for your household, but those who are prepared, preserve their wealth, says Ike.

The rules appear uneven. The outcomes seem almost random. But what happens when a doctor, a dentist, a nurse, etc., makes a mistake...or is negligent? Can they practice or do they go to jail?  In this episode, you are going to hear some wild stories... If you are a professional...what do you do? If you are a consumer, how do you protect yourself?Bob explores the razor-thin line between human error and negligence in the healthcare industry with professional license lawyer and industry expert David Williams. We take you on a journey through the complexities of healthcare licensing, where the fate of professionals hinges on the decisions of regulatory bodies. The contrast between an Arizona dentist who maintained his practice despite a history of complaints, and a Tennessee nurse facing severe penalties for a single mistake sets the table for our conversation.We tackle the arduous process healthcare workers endure to obtain and retain their licenses, and the psychological warfare they face under the scrutinizing eyes of licensing boards. Our guests shed light on the self-corrective mechanisms within the industry, revealing the delicate balance between upholding patient safety and supporting the well-being of medical practitioners.What do you do if you are a practitioner and you have a complaint? Make a mistake?  How can consumers protect themselves, report mistakes?Listen now.

No matter what side of the political spectrum you fall. And whether you think the former president should be on the 2024 ballot or not. Tomorrow's Supreme Court consideration of the Insurrection Clause is historic. We could not let it happen without taking a look.In this interview, Bob interviews constitutional expert Ilya Somin, a professor at George Mason University. What follows is an engaging exploration into the 14th Amendment's insurrection clause and its potential repercussions for Donald Trump's political future. As the Supreme Court deliberates, we dissect the amendment's historical roots, established to curtail post-Civil War insurrectionists, and scrutinize its relevance in the wake of the January 6th Capitol siege. The conversation traverses the terrain of past rebellions and posits how the Capitol breach stands in comparison, offering an intricate understanding of the constitutional definitions at play.  We take no side in this fight and the professor's views are his own.Navigating the murky waters of what constitutes presidential support for an insurrection, we scrutinize Trump's actions on the fateful day, incljuding the implications of his response—or lack thereof—to the Capitol breach. The episode peels back the layers of constitutional ambiguity, addressing the complexities of determining engagement in insurrection, and how these gray areas resonate with our democracy's fundamental themes. Through Somin's expert (and, admittedly partisan) lens, we shine a light on the bearing this case could have, considering the unique dynamics of a former president and current political figurehead's eligibility for office.Focusing on the electoral eligibility mechanisms, the dialogue turns to the influential role of Secretaries of State and the judiciary's part in protecting our electoral sanctity. Through historical references like the challenge to Ted Cruz's eligibility, we emphasize the importance of checks and balances within our legal system. The episode wraps with insights into the potential for the highest court to interpret both legal and factual findings, particularly in defining insurrection—and what it means to engage in it. For those drawn to the interplay of law and democracy, this episode is an invitation to witness a deep-dive into one of the most pressing legal debates of our time.

Covenant marriage recently made headlines when the new Speaker of the House took his position in Washington, D.C. He has one, and so the media tried to figure out just what it was.They painted covenant marriage as quirky and as weird as they could make it, but the law's roots are based in a good intention...try to stem the tide of divorces across the land. "No-Fault" divorce laws are blamed by some for the dwindling permanence of what once was one of our most cherished relationships...the institution of marriage. So, "covenant marriages," were invented in some states as a legal way to try to “help” couples stay together, with the state getting involved. If you made marriage covenants, are you in a covenant marriage?  Listen in to find out.As with most laws Bob examines, there are lots of unintended consequences when the government tries to solve something through laws. Divorce law guru and law firm partner Melissa Benson makes her debut on the show to answer the questions. Covenant Marriage: Do you have one? Should you have one? What happens if it blows up?

When cities lets homeless camps spiral out of control...who are they serving? A constitutional scholar and law professor is suing big cities on the premise of nuisance laws...and he is winning. In one instance, his action cleared a massive homeless encampment in Phoenix, known as "the zone." Listen in as Bob spars with our special guest, constitutional expert and author, Ilan Wurman. We delve headfirst into the legal complexities and human disaster is homelessness and inadvertent implications of old court decisions.Listen as we expose what the court found was a city's negligence in enforcing laws against public camping and sleeping, leading to the unfortunate living conditions of up to a thousand individuals, struggling with issues ranging from drugs and violence to human waste. Discover how public nuisance lawsuits are being used to address the crisis without adding to the criminalization of homelessness.  We are reminded the pervasive role of addiction and mental illness in the homeless scenario.Will we see nuisance lawsuits nationwide?  Gain insights into this ripple effect and the fierce stance of organizations like the ACLU against the removal of homeless camps. We discuss if it's high time for cities to prioritize the well-being of their residents over lawsuit fears. Spoiler alert, it is.This is a cutting edge episode you don't want to miss.

It does not matter what your political position may be or how you vote. No matter your views, you probably feel that there is WAY TOO MUCH CORRUPTION  - those who use taxpayer dollars to enrich themselves.Is That EVEN LEGAL?  Of course not.  The question is, what can be done about it. Can the law curtail corruption?In this episode, join Bob as we reach into the Mississippi Attorney General's race, where one candidate has made fighting public corruption a hallmark of her campaign. We don't endorse candidates, and we certainly offer equal time to Greta Martin's opponent, but Mississippi's high profile case involving the use (or misuse) of $90 million earmarked for needy families - YOUR TAX DOLLARS, was a good exhibit A of what corruption looks like. Brace yourselves as we delve into a shocking tale of corruption that has rocked the state of Mississippi! It's a microcosm of corruption country-wide. Imagine a system where the rule of law is upheld and those in power are held accountable? Is it a fantasy...or can Attorney Generals actually make it happen?Give a listen as we venture into the thorny terrain of prosecution and jurisdiction in Mississippi, probing how concurrent jurisdiction could be employed to prosecute those implicated in this sordid saga. We ponder the potential of unearthing more crimes beyond the $77 million fraud and question why the state's political system has been allowed to operate  seemingly unchecked for so long. Related reading: https://apnews.com/article/mississippi-welfare-scandal-brett-favre-dd447fa50d4e67b963f59de42fe5dc3fhttps://apnews.com/article/sports-legal-proceedings-scandals-brett-favre-mississippi-d0ae88cc6727fd74b4686fb09d9e7dcc

Join us in a deeper exploration as amazing New Mexico Estate Planning lawyer Stephanie Woods and I delve into the convoluted legalities surrounding the true story of Michael Oher, whose life journey inspired the Hollywood blockbuster, 'The Blind Side.' In this episode, we critically examine the peculiar conservatorship held by the Tuohys - his guardians, and the baffling circumstances surrounding his supposed "adoption." Recent developments have emerged post our recording, shedding more light on this complex tale.The narrative takes a new turn as a Tennessee judge recently announced the termination of the conservatorship agreement between Michael Oher and the Memphis couple who had taken him in during his high school years. While this decision marks the end of the conservatorship established in 2004, it opens a Pandora's box of financial disputes which continue to linger. The heart of the matter lies in Oher's claims that the Tuohys had misrepresented the conservatorship as an adoption, leading him to believe in a familial bond that legally, never existed. Further, he alleges that this misrepresentation allowed the Tuohys to control his finances, using his name, image, and likeness for their enrichment.Listen in as we navigate through the legal intricacies of conservatorships, adult adoptions, and the significant implications surrounding solid estate planning. Michael's case underscores the potential financial repercussions when such legal arrangements are not adequately addressed or understood. Despite the termination of the conservatorship, Michael's fight for a thorough accounting and rightful compensation of the finances earned off his name and story forges on, unraveling more questions on the ethical and legal aspects of conservatorships and adult adoptions.

Ever wondered what happens when a loved one passes away without a will and the repercussions it can have on a family? Join us as we shed light on the little-known term 'intestacy' and unravel the bitter dispute between the sons of music legend Aretha Franklin over her multi-million-dollar estate. Our esteemed host Bob Sewell, plays guest this time and the amazing David Williams is our host. Both are partners in the law firm of Davis Miles. Bob offers his legal expertise on the topic, giving us a firsthand account of how intestacy laws work and the role of the state government in such matters. In the second part of our conversation, we explore the often-underestimated power of mediation in resolving family disputes. Bob shares his rich experiences as a mediator, enlightening us on how this often overlooked tool can be used to not only resolve disputes but also preserve treasured family relationships. We delve into the role of the mediator and why it's better to settle disputes rather than leaving the decision to a judge. Bob's gives a unique perspective on family disputes and how they can be managed while minimizing the emotional trauma they often inflict on relationships. Tune in, as we navigate the intertwining worlds of family, law, and money.

From the Society of Human Resource Management (SHRM):"Gerald Groff, a former postal worker, sued the U.S. Postal Service (USPS) for failing to accommodate his religious practice. Groff is an evangelical Christian who observes a Sunday Sabbath, meaning he doesn't work on that day. USPS does not deliver mail on Sundays, but it does have a contract to deliver packages for Amazon that includes Sunday deliveries. USPS sought co-workers to voluntarily cover Groff's Sunday shifts, and it imposed progressive discipline for Groff's absences. Eventually, Groff resigned."He lost his lawsuit twice, with lower courts ruling that the Postal Service accommodating Sunday off meant too much pain for his employer and co-workers. But the Supremes had a different take. Wrote Justice Alito:  "A hardship that is attributable to employee animosity to a particular religion, to religion in general, or to the very notion of accommodating religious practice, cannot be considered undue. Bias or hostility to a religious practice or accommodation cannot supply a defense,"Got employees?  Your bar for religious accommodation may have just gotten much higher.Step into the complex world of employment law with our guest, Jennifer Wasserman, an authority in the field, as we dissect landmark decisions and their profound implications on religious accommodation at workplaces. Ever wondered how the 1964 Civil Rights Act is interpreted when it comes to religious accommodation? You're in for the deets.In this enlightening conversation, Jennifer and your loveable inimitable host Bob Sewell scrutinize the Supreme Court case of Groff v. United States Postal Service, uncovering the layers of legal expectations of employers. We also bring to light the influence of seniority systems in shift changes and the concept of 'reasonable accommodation.' 

Is there a mental health crisis drowning the legal profession? Is there a higher level of depression, anxiety, alcoholism among those licensed to defend our laws and freedom than other areas of the population? If so, does it impact society as a whole?And...what can be done? Promising profound insights into this topic is our guest, Claire Parsons, an employment attorney and mental health expert. Claire weighs in on the intricate ways attorneys grapple with mental health issues, and the crucial role of self-care. With Claire's expertise, we navigate the powerful tools of mindfulness and compassion, revealing how they can bolster lawyers' capabilities and manage stress whilst dealing with challenging individuals. The conversation takes an even more critical turn as we uncover the silent enemy of isolation and substance abuse that lurks behind many legal professionals' facades. The magnitude of these issues on an individual's mental health is substantial, emphasizing the pressing need for open conversations and support within the legal community and beyond. Because, as our listeners know...the law impacts everyone. As advocates for mental wellness, we bring to you the Surgeon General's guidelines for workplace mental health, underlining the importance of a supportive work environment where employees feel safe to seek help. The power of social support in handling stress is undeniable, so listen and get involved in easing this challenge.

What if our daily interactions with AI could expose our deepest secrets? Imagine having a conversation with an artificial intelligence system that feels like you're talking to a real person. Join us, Bob Sewell and Mike Carey, as we explore the fascinating and sometimes frightening realm of AI and its potential effects on our privacy and security.We'll also discuss the future of antitrust laws, monopolies, and maintaining fair competition in the marketplace. Plus, we'll touch on the mental health crisis in the legal profession and the urgent need for change. And don't miss our quest to find the surf law expert who can help us navigate the intriguing world of surf law in beach towns across the globe. Remember, we're not offering legal advice, but we're here to help you make sense of this complex world.

Ready to dive deep into the nitty-gritty, the good, the bad, and the downright stinky? Join your favorite host Bob Sewell and civil litigation maestro, Marshall Hunt, as we take you on a wild journey through the unexpected and surprisingly compelling world of...you guessed it...dog poop! In this episode, we're not just talking sh*t, we're discussing the real legal ramifications tied to those little brown 'presents' left behind by your favorite furry friends.Can you sue your neighbor when his pet soils your lawn repeatedly? Can you be arrested for your pet's waste?Together, we'll scoop up the facts about how Arizona is taking a firm stance against poo-littering pet parents. Don't know your obligations when your pooch poops? We've got you covered, as we 'doggie bag' all the need-to-know details, including the hefty fines that might be hiding in those not-so-secret deposits.But it's not all bad news and 'dirty' talk; we're also digging into the exemptions for those with disabilities. We'll explore the responsibilities and rights of service animal owners in our canine-caring community.Don't let the subject matter fool you - this isn't just a stinky situation, it's a fascinating exploration into the intersection of pets, law, and civic duties. So, leash up your curiosity, fetch your headphones, and let's get ready to roll in some seriously intriguing insights!Grab your poop bags, folks! It's time to take a walk on the wild (and wonderfully woofy) side of pet law in Arizona. Hold your noses - it's going to be an informative, engaging, and surprisingly fun ride! So, sit back, relax, and get ready to get the 'scoop' on the legalities of dog poop. Trust us, this is one conversation you won't want to 'leave behind'!This idea was provided by a subscriber!  Thank you, N.J.!*** Listeners please note…the show makes reference to a Supreme Court case involving a dog toy…that is labeled as dog poo…which prompted a trademark infringement lawsuit from Jack Daniel's. (Give this show a listen…you'll understand!!!) Our point was that this subject can get so weighty the nations highest court is not above dealing with it. We didn't tackle the trademark law nuance, but if you're interested…our friends at the Wilson Sonsini law firm have the goods here. The case was decided a couple of days after our recording. A bad verdict for the doo doo folks: https://info.wsgr.com/index.php/email/emailWebview?md_id=15013

Hey hey, AI...is this where privacy comes to die? There is more to these pixels...than meets the eye! Artificial intelligence maybe taking your privacy!Last time Bob had Mike Carey on the show, he assured us that robots would not take over the law for at least five years. Now, chatGPT has taken the world by storm and virtually everyone has head of it...if not already used it. But when you ask it a question you may be exposing private data about yourself. And, AI likely already knows all about you anyway. Is That Even Legal?  Lawmakers, scientists, and many others are very concerned about AI...but everyone also loves it!  What's next?Listen in as Bob and AI guru Mike talk about the present and possible future dangers of AI to your privacy.  But first....here's a description of the show as written by a robot (in less than a minute --- the show 43 minutes long!):In this podcast, the speakers discuss the issues related to AI privacy. They talk about how AI is being used in various industries to improve efficiency and productivity but also raise concerns about the privacy of data. They explain how AI algorithms work by analyzing large amounts of data, and if this data is not protected, it can be misused by cybercriminals. The speakers also discuss the importance of AI privacy regulations and how governments are working to implement them. They talk about the European Union's General Data Protection Regulation (GDPR) and how it has set a standard for data privacy regulations worldwide. They also discuss the challenges of implementing such regulations and the need for collaboration between governments, businesses, and individuals to protect personal data. Overall, the podcast emphasizes the importance of AI privacy and the need for individuals to be aware of their rights to privacy and take steps to protect their personal information. 

From Politico: There have been 27 different bills proposed across 16 states pushing for kids' privacy and safety regulations by February of this year, according to analysis from the Future of Privacy Forum. Many of these bills share similarities, like banning targeted advertising to children, or banning addictive designs from social networks. Numerous states are taking up kids' online safety bills this year, a handful are including parental oversight requirements as part of their strategy. Lawmakers in Maryland and California have proposed such regulation. Utah last month wrote it into law.But, in trying to protect children by requiring  that their parents oversee their social media use...and requiring that socials ASK children to prove they are children...thereby divulging private information...are the laws designed to protect minors actually going to infringe on the privacy of those minors?Bob wanted to know!   He invited Romaine Marshall, one of the country's top cybersecurity and privacy lawyers to join the show...Romaine happens to be HQ'd in Utah...and has been a dad to a teenager...who best to ask about these types of laws...and what they mean for privacy going forward.BUT WE COULDN'T STOP THERE...Because computers control everything in our society...from power grids to watersheds to traffic systems...cybersecurity is critical to our country's safety...and Romaine has been busy protecting  the world from bad hackters...listen in.

When "Swifties went through the wringer to get tickets to Taylor Swift's  "The Eras Tour," one among them was not about to "Shake it Off," when she saw what she thought was a potential pattern of fraudulent behavior and antitrust violations by Ticketmaster. That fan was attorney Jennifer Anne Kinder. Kinder is one Swifty who is now saying to the ticket-selling behemoth..."Look What You Made Me Do," launching  lawsuits, websites and a social and traditional media campaign to #takedownticketmaster.  Bob, ever on the lookout for inadequate antitrust regulation or enforcement...and like all of us...LONGS for the days when concerts were affordable enough to enjoy frequently...asked Jennifer to join him to sort out the issues.  What started as a way to shut out scalpers, she says, has resulted in complete reduction in power for the average consumer in the live entertainment ecosystem.   And Kinder is not stopping with Swift fans...having also sued on behalf of fans of Beyonce. Look for more action on behalf of heavy metal, classical, EDM, & rap fans. Sounds like some real “Vigilante Sh*t!”  Listen In!More articles:Sorry, There's No Such Thing as a “Fair" Ticket Price in an Age of Income Inequality, Consequence of Sound, March 27, 2023.Senate Judiciary Committee sends warning to Ticketmaster over Beyoncé tour tickets, The Hill, February 2, 2023.Justice Dept. Is Said to Investigate Ticketmaster's Parent Company, New York Times, January 24, 2023.Live Nation subsidiaries got millions in aid meant for independent venues, Washington Post, May 22, 2022.Live Nation, a company behind Astroworld, has a long history of safety violations, NPR, November 8, 2021.U.S. and Plaintiff States V. Ticketmaster Entertainment Inc. and Live Nation, Inc., The United States Department of Justice, January 28, 2020.Ticketmaster / Live Nation merger: Azoff and Rapino talk paperless ticketing, dynamic pricing, Ticket News, September 10, 2009. (Note: dynamic pricing was always the goal!)Big Music vs. Fans and Artists, New York Times, February, 8, 2009.

According to Investopedia...which ranks and reviews a whole range of financial services and products, LegalShield  was the top overall "online legal service," in the U.S. in 2022.What is an online legal service and why does that matter?  Should you use one?Recently LegalShield named a new CEO. Warren Schlichting is a veteran technology and media executive with experience at places such as Sling TV and Dish Network.Bob wanted to meet Warren, learn more about his plans for LegalShield and talk about the future of legal services...and how this company fits in.More and more, consumers and businesses are understanding that traditional legal service delivery models are not only outdated, but they don't serve a large portion of the public.  How much does LegalShield address these issues?Listen in!

There's a reason movies like Knives Out...and Glass Onion are so popular. Human nature never comes more to the surface then at the time of a death...particularly if there is an e$tate involved!How realistic are those movies? Is there really a will reading? Can there really be a dramatic change of plans at the last minute?Come learn about the probate process as Estate Planning lawyer and podcast guest host extraordinaire (yes she does have a "knife out" for Bob's job...) Sarah Clifford interviews the master himself...BOB! Taking him through the dramatic scenes and circumstances of the Knives Out movie to see what is really real and what is fiction.Bob, whose aspirations include the movie business himself...is a seasoned probate litigator who prides himself on telling his clients...and his listeners in 86 countries...exactly how it is. So come get the real script.While it is not necessarily true to the movies, Bob says probate litigation rarely lacks drama and often is full of sex, drugs, and rock and roll.Listen in!

Every day we encounter the law. Sometimes we need a lawyer. Often, accessing quality legal assistance - truly good lawyers who know what they are doing, backed by the resources of a law firm - is beyond the resources of the everyday person or podcast listener. What is there to do?Millions of Americans and Canadians have filled this gap by becoming members of LegalShield or finding other ways to access lawyers. When someone has this service...where they can call in and talk with a lawyer,  what is it like to be a lawyer handling those calls?Do those lawyers get results?  Bob talks to access to justice warrior Ingrid Carlin, who has been helping people for years, to get the real life stories of the law helping real people.Listen in!!

Ever wonder how those incredible movies get financed?  How all the deals go together?  How your favorite stars get paid?Ever wonder what happens to all those amazing endorsement deals when an entertainer goes a little cray, commits a crime, or embarrasses himself and all the brands he represents?Do the music and movie stars really put a lot of crazy things in their contracts?One of the biggest trials of 2022 was the Johnny Depp/Amber Heard trial (which spawned a movie in and of itself).  How will Depp rehabilitate his brand? Is it possible?In this episode Bob interviews the lawyer working on his latest project, Bianca Goodloe...who has more movie credits as a lawyer (think projects like Lord of the Rings Trilogy, Harry Potter) than most actors! Also joining in this blockbuster episode is attorney Caroline Mankey, another Hollywood lawyer who represents motion picture studios and production companies, major media companies, film libraries, actors, comedians, television personalities, musicians, and artists.Now the real question...Can these amazing guests get Bob in a movie?  Listen in to find out!

It's the holiday season and you're flying your "slay" down the freeway at lightening speed to deliver your gifts...but GRINCH pulls you over...and in a flash of non-holiday red and blue light, your life is no longer merry! What next?Let's listen in as Bob talks with one of the best traffic lawyers on this topic.  Welcome Julie O'Connor!Can you get a traffic ticket "fixed?"What should you do when you are pulled over?Do the police actually have quotas?

Imagine a bar fight. Imagine someone getting killed and someone getting indicted for the crime by a Grand Jury. Imagine now, that one vital piece of evidence – a clear cut self defense argument – is never presented to the Grand Jury by the prosecutor…Is That Even Legal?  A trial court said it was.  The Arizona Supreme Court said…no! Grand Juries are in the news every day. They are impaneled against politicians, business titans and others suspected of crimes.  Their job is to determine whether a crime was committed and whether the person being investigated likely committed the crime. The word indicted can end your career, your professional and even your private life. How does the Grand Jury process work? What happens when it doesn't? The all too common saying that you can “indict a ham sandwich,” has a very distasteful meaning when you consider the impacts of being indicted. Your amazing host, Bob became very curious about this process…and particularly the story of the bar fight.  Attorney Jesse Smith, who won the appeal before the AZ Supreme Court – earning his client a new Grand Jury – is Bob's guest.  Here is  more on the underlying case… WILLIS v. BERNINI From the AZ Supreme Court:"In  this  case,  we clarify the  due  process  rights  of  a  person  under  investigation  before  a  grand  jury,  the  duties  of  a  prosecutor  to present evidence for the grand jury's consideration in determining whether to  issue  an  indictment,  and  the  standard  for  what  constitutes  “clearly exculpatory” evidence, especially with regard to a justification defense. ¶2We  hold  that  the  Arizona  Constitution  guarantees  a  person  under grand jury investigation a due process right to a fair and impartial presentation  of  clearly  exculpatory  evidence  and that  a  prosecutor  has  a  duty, even in the absence of a specific request, to present such evidence to a  grand  jury.    We  also  affirm that  evidence  is  clearly exculpatory if  it  would   deter   a   grand   jury   from   finding   probable   cause   to   issue   an   indictment as initially stated in State v. Superior Court(Mauro),  139 Ariz. 422, 425 (1984).    Finally,  we  hold  that  clearly  exculpatory evidence includes evidence relevant  to  a  justification  defense  that  would  deter  a  finding  of  probable cause." Read more: https://www.azcourts.gov/LinkClick.aspx?fileticket=-q-5mzI4S0k%3D&portalid=45

Subdivisions with no water?  Arizona groundwater being sold to benefit Saudi Arabia?Who is charge here? We are in a water crisis in the West, but the building doesn't stop.  How does the law work?What in the law is being done about future calamity?From Arizona State University News Service: The Colorado River provides water for millions of acres of irrigation and some 40 million people in tribes and cities in Arizona, Nevada, New Mexico, Colorado, California, Wyoming, Utah and Mexico. But the literal wellspring of the Southwest region's vitality is drying up, and fast.We're already in the second year of allocation cuts, which directs how much states can draw from the Colorado River, and deeper cuts are on the way. A “Tier 1 shortage” has already been declared, but the feds have recently indicated that a Tier 2 shortage may be declared by the end of this year, mandating larger cuts, especially to Arizona.The Bureau of Reclamation has already asked basin states and tribes to give them suggestions for how to cut 2 million to 4 million more acre-feet of water consumption per year to keep the river's largest storage reservoirs, Lake Mead and Lake Powell, from falling to dead pool and becoming unusable.Time to talk agua.  Bob's guest is Michele Van Quathem, a leading water lawyer.Listen in!

The nation's leading legal podcast - coming to you from Arizona - is interviewing that state's attorney general candidates. Last week it was Abe Hamadeh.In this episode it's Kris Mayes.  She promises to depoliticize the AG's office and be for all the people. Mayes brings experience as an elected member of the Arizona Corporation Commission, a lawyer and law professor. Her time at the ACC she says gave her experience in water, energy and other issues vital to the state. She also would be Arizona's first "mom," AG.  Should she be elected?  That is for you decide! Listen in!

He was an intelligence officer in the U.S. Army Reserves.  He's a former prosecutor of the Maricopa County Attorney's office. Should Abe Hamadeh be Arizona's next Attorney General? On November 8, Arizonans will decide.  It seemed only fitting that the world's leading legal podcast - which happens to be based in Arizona - should interview the leading candidates for the top lawyer job - encapusulating the types of choices all Americans will soon be making. This week, Bob interviews Abe, next week, his opponent, Kris Mayes.Give it a listen!

Its that crazy season.  Every street corner is littered with signs. Your neighbor backs a candidate/issue you hate and clutters their yard with annoyance.  Your email is flooded with spam.  It's chaos, clutter and controversy - its election season and it probably has you asking IS THAT EVEN LEGAL?Bob talks with election law guru Roy Herrera about all things election law... Including POLITICAL SIGNS!   Are they first amendment protected?  Who can post them, where can you post them, can you remove them if annoyed…Hear the story of the sign maker and the town employees who battled his work! In some states  any shenanigans like defacing or removing a political sign is indeed a crime…What about ballot initiatives? Robo calls?Fair Election Laws?Voter ID?Do Dead People Vote?Campaign Finance Law?Vote for us!  Listen and review on your fave podcast platform!!Outline!Can you put up illegal signs in your town?1:28Are sign ordinances constitutional? Is political signage protected by the First Amendment?3:19Can you put up signs in a public area during election season?6:16If we don't require you to identify who you are, any person is going to go out and put up signs for good reasons.8:41What are the limits on political spending?10:36Do we have a voter id law in Arizona?12:49When people say voting is “voter ID”, what are they talking about?15:12Voter ID laws vs voter registration requirements.17:05What are the two categories of voters that may have a problem with proof of citizenship?18:4

Bob stopped by his colleagues office one day and saw a shredded tire sitting on the carpet. Another day, a visit featured a smashed bicycle in roughly the same space. What was going on in the office of catastrophic injury lawyer Michael Medina?  The lawyer was carefully analyzing the items that had been involved in crashes. When accidents turn fatal, lawyers often turn to wrongful death statutes to bring justice. Use of those statues not only provide for victim's families, but also can lead to design changes to make the world a safer place.Recently however, some have tried to use wrongful death statutes in new and novel ways. Is That Even Legal?  Bob and Michael explore...

 Whether you know it or not, AI  - artificial intelligence…is highly involved in your life. Can the law keep pace?AI is already completing sentences for you, creating buyer profiles about you, learning about your driving habits…trying to help you drive your car, and doing all sorts of other calculations that impact you.  AI creates fascinating issues in the law.  On this episode we talk with Harvard law trained artificial intelligence patent lawyer Mike Carey. Mike not only files patents on behalf of some of the world's biggest technology companies, but he also has written software that helps write those patents and many others' - AND files the patents with the PTO (patent and trademark office).   In this episode:Mike says AI can lie. He answers the question…is AI alive…?Is it Biased?Will it take over ALL jobs eventually?What can and should the law do?Mike flags some other upcoming legal battles…such as; Are AI treaties perhaps needed between superpowers? GPT-3 – the language that can write an entire research paper by itself. But it can “learn things” that aren't true….what are the legal implications of lying AI?AI is used in hiring…known as automated employment decision tools…but are they biased? In New York, there are laws on the books that require employers to eliminate AI bias in hiring https://www.jdsupra.com/legalnews/navigating-new-york-city-s-artificial-1566015/ Listen in...the ROBOTS ARE COMING! 

The law of the land. You get used to it. Maybe you rely on it. Then, in a blink of an eye it can change. How should you think about that? Is it good, bad, or indifferent to our society when cases are overturned?  What does it say about our Constitution?  In this episode, Bob welcomes constitutional law professor Ilan Wurman to the show to talk, among other things...about these cases: Dobbs v. Jackson overturning Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey.  Brown v. Board of Ed of Topeka overturning Plessy v. Ferguson. Citizen's United v. FEC overturning Michigan Chamber of Commerce and McConnell v. FECKennedy v. Bremerton School District overturning the School Prayer Cases.   We also discuss:   Is stare decisis part of the “judicial power”?  Did the Founders have a theory of precedent in constitutional cases?Don't miss this one. Find out if a law that matters a lot to you will be OVERTURNED soon. 

You have it in your heart to give to a charity. There is a site set up for donations like yours. All good right?  Not so fast!Who organized the effort?  How much will ACTUALLY go to the intended recipients? What if you are scammed?  Listen in as attorney Kelsi Lane gives some good tips.  Here are some more from foolproofme.org.Beware of Campaigns Posted After a Tragedy or Natural DisasterThe cause can be personal or local, such as supporting medical help for a local family injured in an auto wreck. In one recent case, a woman was prosecuted for raising money for cancer treatments when she was not ill. So if the organizer is an individual, ask exactly how the money will be distributed and accounted for. Do a web search on the individual also. Remember, you just have their word for what they plan to do.In many cases, the cause is regional, national or global, such as campaigns that appear after tornadoes, floods, hurricanes, earthquakes, or the current wildfires in the western U.S. Such campaigns are a hotbed for fraud, and they pop up like mushrooms. Always thoroughly check out charitable causes. Check out the charitable organization's track record with the Better Business Bureau (regional BBBs often evaluate local groups) and with national sites such as guidestar.org, charitywatch.org and charitynavigator.org. In the case of disaster relief, it is probably wiser to give money to an established nonprofit charitable organization that has a track record of accountability.Don't Give More Than You Can AffordRemember, if you are supporting the development of a new product—from a new online game to an innovative tech gadget—there is no guarantee that the product will be successfully brought to market. Also a large percentage of eventually successful projects experience delays.If you are supporting a charitable cause, there is no real guarantee that the money will actually go where the campaign says it will. If you are giving to a creative event, only the individual's or group's integrity or track record indicates that the artist will complete that exhibit of ground-breaking digital art, that the newbie filmmakers will shoot that indie film, or that the choral group will conduct the new composition and present the winners in concert. So support a project you like, but don't give more than you can afford.File a Complaint about ScamsIf you have been defrauded or have good reasons to suspect a fraud, report your experience to the crowdfunding platform. Also make a complaint to the Federal Trade Commission (FTC) Complaint Assistant.

The ads are ubiquitous. The slogans annoying. Personal injury and car crash lawyers often get a bad rap. Sometimes deservedly so. As widespread as those billboards, radio ads and other assaults on the senses are...they are meant to address something almost all of us has experienced, or been touched by - a car accident.  When those accidents produce injuries, the "PI" lawyer is suddenly needed.  How do you find a good one?  Does a bad ad make for a bad lawyer? Does no ad make for a good lawyer?  Let's find out as Bob interviews Kevin Fine, a PI lawyer and a wellness advocate.As you listen, mull these stats over from drivingtests.org:In 2019, there were 6,756,000 police-reported motor vehicle crashes, including 1,916,000 crashes involving injury and 33,244 crashes involving death. (NHTSA, 2021) In 2010, the economic cost of traffic crashes (both reported and unreported) was estimated to be about $242 billion, plus an additional $594 billion in societal costs resulting from the effects of these crashes on the victims, for a total cost of $836 billion. This total cost represented about 5.6% of the US Gross Domestic Product (GDP) in 2010. (NHTSA, 2017) (Source: https://driving-tests.org/driving-statistics/)Around 2 million drivers in car accidents experience permanent injuries every year. (Driver Knowledge, 2019) (Source: https://driving-tests.org/driving-statistics/)About 10 million or more crashes go unreported each year. (National Highway Traffic Safety Administration, 2018) (Source: https://driving-tests.org/driving-statistics/)

The recent defamation trial featuring Johnny Depp and Amber Heard put the word defamation in the headlines. The entire world now knows too many details about the marriage of those two  - more perhaps than many of us care to. But, do we know about defamation and what it really means?Bob says too many people have talked about the trial for him to weigh in...but we bring back an episode with Ted Boutrous, one of the country's leading defamation lawyers...to tell us what that word means and how and when you can sue and win a defamation case....Listen in.

Many say there is a coming recession the likes of which this country hasn't seen in years. If you are behind on your bills with signs you may not recover, or if your business needs to restructure debt...bankruptcy is the fresh start you need. Contact a bankruptcy lawyer soon...before things get bad. It is, in a way, a shield you can deploy as you get your debt under control and move forward with a new life.But what about bad actors who use this shield? Is That Even Legal?Can bankruptcy be used to protect those who commit crimes?On this timely episode, Bob speaks with bankruptcy law guru and attorney Ron Holmes - exploring everything from what happens when someone defames mass shooting victims' families (and then files bankruptcy due to lawsuits), to churches that go bankrupt over mounting sexual assault claims.The good, the bad...and the legality...of bankruptcy. 

We have witnessed another U.S. Supreme Court confirmation recently. We have also witnessed the controversy when a draft SCOTUS majority opinion was leaked to the media resulting in  issues of privacy and protest.How do nomination processes differ between the Federal system and the judicial system in Arizona?  What is it like, from a Justice's perspective, to go through the process of "getting the job?"Find out more about judicial philosophy, merit and stare decisis and their impact on your life through rulings from the bench.What would Justice Kathryn King and Justice James Beene want you to know about their role and duties on the court?  

Welcome to the definitive Estate Planning podcast episode.1. Can You Trust Your Trust?2. If You Are One of the Thousands of Business Owners Planning to Sell Your Business This Year...How Can Your Protect Your Wealth  Once You've Accomplished The Sale? The parent passes and the prospective heirs say...we are in good shape. We have a trust!  Then they find out...as guest attorney Alan Soelberg describes it...with a gut punch...that the trust they have doesn't apply to their situation. This happens far too often! The airwaves and newsfeeds are flooded with ads for estate planning and trusts these days. Which ones can you actually trust?  Many Americans find out when it's too late that filling in fields online and getting the document printed out and notarized does NOT mean you are in good shape with your estate plan. Listen why.If you sell your business without estate planning and proper asset protection, you could pay up to SEVEN FIGURES more in taxes than you need to.  This is the year of the exit...the year of the silver tide (boomers selling their business). Find out why your business sale and your estate plan/asset protection go hand in hand.

Your mom passes and suddenly women from around the neighborhood are showing up at your dad's door with casseroles. Soon, dad marries one of these "casserole ladies." Fine. But after a few months or short years, she begins to tell dad that YOU are evil and should be disinherited. He acquiesces. Now he has passed, and you and your siblings get nothing, according to his will. Is That Even Legal?Casserole Ladies, AB Splits, Beneficiary Designations and ERISA...it's a recipe for complexity unless you know the right lawyer.  In this episode, guest host and estate planning and trust administration lawyer Sarah Clifford interviews Bob, who's expertise is probate law.So often after death someone in the family is left disappointed or destitute because they didn't understand how the law worked. From a widow who loses half her house, to the children who watch the "casserole lady." get rich while they are left with nothing.  Bob has seen it all, and he has some tips on what you can do to understand and control who gets the dough.

Revenge Porn has recently been the plot of daytime soap operas, been an issue on international reality shows, and of course has had a number of high profile celebrity victims in recent years.Increasingly, however, for many married couples whose relationships go south, the issue is hitting  close to home during divorce discussions as threats to reveal intimate photos are made or acted upon. Furthermore, when teen romances involving underage pictures are involved, serious felonies can be committed when images are stored viewed and or distributed.As of 2020, 42 states and the District of Columbia have specific laws outlawing distribution of revenge porn. However, revenge porn laws are still relatively new and the laws are continuing to develop. The crimes however, are multiplying.While each state has different laws, most generally define the crime of revenge porn as any person, with the intent to harass or annoy another who:Publishes or distributes electronic or printed photographs, pictures, or films thatShow the genitals, anus, or female breast of the other person, orDepicts that person engaged in a sexual act.In this episode, Bob talks with Divorce specialist Douglas Gardner and Criminal Defense attorney Russel Richelsoph to find out what is legal. This is an important episode for everyone in today's society.Show Notes:Scenario 1:  Photos of CoupleMany couples have, during the good times, photographed or videoed themselves or their partner or both together in intimate ways.  While such videos or photographs may be seen by the parties as appropriate and acceptable at the time the videos or photographs are taken, these photographs and videos can become very awkward during and after a divorce.First, follow the Golden Rule.  Delete photos of others, as you would want them to delete photos of you.  As part of your “moving forward to a new life” delete such intimate photos or videos of your former spouse or partner.  If you are aware of photos or videos your partner may have, you can ask politely that they also delete them.Second, never store intimate photos or videos online, or post to any form of social media.  What gets posted online or social media, seems to stay online or social media.  Protect yourself and your partner or former partner, and keep personal control over such items.Third, while there may be no real way to know for sure if such photos or videos have been deleted, please understand that publishing or posting or sharing photos of an un-consenting ex-spouse or partner could be a criminal matter, and could result in an Order of Protection and other legal action being taken against you.  It is not worth it.In Arizona, where Is That Even Legal? originates, Revenge Porn is a Class 4 felony, punishable by up to 1.5 years in prison and a fine up to $150,000 and could in some cases require registration as a sexual offender.  Specifically, A. R. S. § 13-1425 makes it a criminal offense to intentionally disclose the image of an identifiable person in a state of nudity or engaged in sexual activity, when the person has an expectation of privacy, with the intent to harm, harass, intimidate, threaten, or coerce the depicted person.”

Is it really "natural" food? (hint, there is NO definition from the FDA) Does it really have fruit in it, or just "flavoring?" How much beef in a "beef,"   fast food item is "reasonable?"What if the package is half empty whey you buy it? What if it is baby food and contains dangerous metals?If a cow eats GMO grain, is it's milk natural?As host Bob Sewell would say...what the hell is "natural food?" and what is "free range," or "grass fed?"Should you sue over your food?! If you do...what do you get if you win?In this episode, Bob interviews food law guru Ivan Wasserman to discuss. everything from Pop Tarts to Froot Loops to Red Bull.  For good measure, Ivan does some "Probiotic comedy!"From the American Bar Association:"The food and beverage industry continues to face increasing scrutiny over labeling and advertising. Despite the pandemic, the number of class actions targeting the food and beverage industry increased last year and shows no signs of slowing down......given the competitive plant-based protein segment, the food and beverage industry should expect a substantial uptick in litigation. The year 2020 saw a 10-year high in food and beverage class action filings. Overall, there was an 80 percent increase in class action filings from the prior year. The upward trend in class action litigation and the burgeoning area of plant-based products suggest that the business of food litigation is anything but stale."

Last month The Washington Post published this headline: Biden administration promised bankruptcy reforms.  So why is it still fighting student loan borrowers in court?While the administration withdrew its appeal to one of the hardship cases mentioned in the article,  there is still widespread misunderstanding about bankruptcy and the student loan crisis - what can and can't be done. Enter Bob's guest, bankruptcy specialist Pernell McGuire, who also serves as the managing partner of Arizona law firm Davis Miles McGuire Gardner.Bob and Pernell break down what you need to know about the current crisis and what might be needed to solve it.Show notes:Can you have your student loans discharged in bankruptcy? What does it take currently?What other programs exist today and what is being done/contemplated? Student loans add up to  $1.75 trillion in debt! That's 20 percent of all U.S. debt.The Biden administration has pledged to address student loans and bankruptcy reform.  In the meantime;Some have called for a moratorium on the Education Department opposing federal student loan borrowers bankruptcy requests until new laws and programs are adopted...will that happen?What about private student loans?Give it a listen, and share with anyone you know who has student loan debt...

Maybe you have never heard of home title fraud or deed fraud?  In today's crazy real estate market, you should be aware...and be prepared.  You've probably heard about it through commercials in the media trying to get you to buy products to protect yourself from title fraud. Should you be scared?In this first episode of Season 3, Bob visits with real estate lawyer and title guru Jesi Wolnik to get the real facts about title fraud...something she has dealt with a lot as a lawyer.What are we talking about here? (hat tip The Better Business Bureau):Home title fraud happens when someone obtains the title to your property and changes ownership from your information to theirs.  The scary part is, you may not even realize it has happened until it's too late.How the Scam Works:Scammers will choose a house, sometimes a second home, rental or vacant house. They then gather your personal information from the internet or elsewhere, and take over your identity to assume the role of property owner or claim to represent you.  They file the necessary paperwork to transfer ownership of your property to themselves, using forged signatures and fake identification. They then sell the home or borrow against the equity.  You might not even know this has happened until a lender starts to send letters of foreclosure on your home due to failure to make payments.

It all started with a scandal in the 1900s. A royal with a mistress to whom he literally left the  family jewels... After much pubic embarrassment and a costly ruby buy back programme, it became the practice that Royal Family Wills be sealed and secret. Now, even distant relatives may get the royal treatment of a secret Will!Either in the U.S.A. or (for non-royals) in England, if YOU want the details of your Will kept private...you are royally out of luck...unless you also have a trust.Our intrepid host and probate guru Bob Sewell found it fascinating that the High Court  ordered that Prince Philip's Will be kept secret for 90 years. This is a departure from the general rule that wills are open to inspection by the public after being admitted to probate. However, Prince Philip's Will was judged to fall within the sole exception that a Will may be kept private if the court agrees that it would be “undesirable or otherwise inappropriate” to publish it.What does that even mean?  Is that even legal? Our guests, probate litigators and estate experts Judith Swinhoe-Standen and Geoff Kertesz join us from across the pond to expound on royal secrets!Don't miss it.For more legal reading, here is their recent article:https://www.stewartslaw.com/news/why-prince-philips-will-and-other-royal-wills-are-kept-secret/

Last Thursday, the Supreme Court ruled that OSHA does NOT have the power to enforce Biden's COVID vaccine mandate for employees of large employers (if you are a regular listener to this podcast, you were no doubt NOT surprised by this ruling) the rule had just barely gone into effect, requiring employees at large businesses get a vaccine or test regularly and wear a mask on the job.At the same time, the court is allowing the administration to proceed with a vaccine mandate for most health care workers in the U.S. The court's orders Thursday came during a spike in coronavirus cases caused by the omicron variant.In light of the ruling, some companies have already suspended their vaccination requirements of employees. Some companies, like Boeing, have delayed mandates until its fate is certain, while others, like Citigroup, have said they are going ahead regardless.In this episode, Bob brings on employment law guru Krizia Verplancke to talk about the implications for employers, employees and healthcare workers.Listen in to learn:Can you sue your company if you get COVID on the job?Will the government try again with a new rule?Employers can still enforce their own mandates, but will doing so be more fraught?Will companies that were on the fence still introduce mandates?  Should they?Healthcare workers who refuse to be vaccinated may reduce the number of healthcare workers on hand to treat COVID.