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Fresh Insight into Popular Legal Topics

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News

Why the CEO of McDonald’s Stepped Down

November 4, 2019 by Guest Contributor Leave a Comment

McDonald’s CEO Steve Easterbrook recently stepped down from his position in the company after a company investigation found he had been in a relationship described as “consensual” with an employee. Specific details of the relationship, including the employee’s name, are not public, but Easterbrook has admitted the relationship was a mistake and unprofessional in official comments. Despite the details not being known, we can still inspect why it was for the best that Easterbrook left.

 

If it was consensual, what’s the problem?

Relationships between employees are against company policy, and enforcing that policy is important for keeping everyone safe. This is because of:

Power Dynamics

If one party in the relationship can control whether or not the other party gets promoted or has a job, it can make the relationship damaging for the work environment and potentially cross the line into workplace harassment. Even if the less distinguished party verbally consents or initiates the situation, it is the responsibility of the more influential party to stop the relationship to protect both of their positions. Relationships between parties of similar positions are different but still aren’t a great idea. 

 

Potential for Discrimination

Even if power dynamics are not a problem between the parties in a relationship, gender and sexuality often are in the workplace. Women who have been in relationships with coworkers are treated very differently than men in the same situation. The same can be said for same-sex couples when compared to heterosexual couples. Consensual relationships can end, and private relationships can easily become public. This can open both parties up to workplace harassment, which can be severely damaging to productivity and, more importantly, the mental health of the employees.

 

Shouldn’t We Be Focusing on Abusive Relationships?

Yes. We should. Unfortunately, we often don’t. Large companies have a terrible reputation for protecting executive-suite employees at the expense of abused employees in imbalanced relationships through the use of non-disclosure agreements and settlements. Serious cases of sexual harassment can be easily covered up by policies saying that personal relationships are allowed in the workplace, which is why revising those policies is so important. Ending abusive workplace relationships should be the end-goal of restricting inter-employee relationships. 

 

Company relationships are complicated and should be handled with care. Steve Easterbrook has probably made the most responsible decision by stepping down without argument. As the CEO of the company, any relationship he would have had with an employee would have had a severe power imbalance, and due to the company’s need to find it through an investigation, it probably wasn’t above board. Easterbrook is providing a good example to those caught in similar situations; it’s better to admit your mistakes and remove yourself from the equation than to deny everything and lead a company while surrounded by mistrust.

Filed Under: Business, News

JUUL Continues to Be a Problem

October 31, 2019 by Guest Contributor Leave a Comment

A recent development in JUUL’s legal history is a new lawsuit from a former employee. The employee is suing due to their wrongful firing after they raised concerns over contaminated JUUL pod shipments. 

 

The shipments, which went out earlier in 2019, contained millions of contaminated pods. Despite knowing of the condition of the products, JUUL did not warn its customers or recall the pods, showing negligence towards their business and their clients.

 

While the defective products have not yet been shown to have caused any deaths, the shipping of the products and subsequent firing of the employee who raised an issue with the action are deeply concerning.

 

The former employee states in his case that executives were banned from discussing product issues over text, email, or written medium, and that the ex-CEO of the company could be quoted as saying: “Half our customers are drunk and vaping like mo-fos, who the fuck is going to notice the quality of our pods.”

 

This is a disturbing, but not a wholly surprising turn of events from JUUL, and it is unclear where the lawsuit will go. Spokespeople from the company have wholly denied the former employee’s claims.

Filed Under: Business, News

Avoiding Injuries on Halloween

October 30, 2019 by Guest Contributor Leave a Comment

During the time of year where you can’t quite tell if the person on the bus wearing a steampunk top-hat and pink tulle skirt is in costume or just living their best life, it’s important to keep safety in mind. 

The evening of Halloween has historically had one of the highest rates of emergency department visits of any holiday in America. When you narrow those injuries down to child-pedestrian injuries, it becomes the highest. 

 

Most Common Injuries

Hand Lacerations

While not fatal, hand injuries (largely lacerations) make up a large percentage of emergency department visits. The culprit? Improperly carving pumpkins. Children can hurt their hands from the combination of thick pumpkin skins, sharp (or dull) knives, and underdeveloped hand-eye coordination. Adults hurt themselves from using the wrong tools and having worse hand-eye coordination than they might think they have. 

 

Whether you’re an adult, a child, an adult responsible for a child, or a child responsible for an irresponsible adult, having the right tools is vital. Pumpkin carving kits are specifically designed for carving pumpkins and are relatively inexpensive. 

Remember to never carve a pumpkin without supervision. Even if you think you’re responsible and are using the right tools you don’t want to risk cutting off a finger and trying to deal with that all on your own.

 

Extremity Injuries

Extremities (hands, feet, wrists, ankles) are at particularly high risk during Halloween, and not just from pumpkins. The mix of long costumes, reduced visibility due to masks/face paint, and cold weather make nasty falls common. Extremity breaks and fractures are an extremely common injury on Halloween.

 

The best way to avoid a fall and an emergency department visit are by ensuring your costume would be safe to play basketball in. Can you run, maneuver quickly, and not be surprised when you get hit in the face by a basketball? If not, make some adjustments. Trim the hems, wear practical shoes, and make sure you can see. If you are responsible for anyone else, make sure their costume also follows these guidelines. 

 

Pedestrian Injuries

Unfortunately, Halloween has one of the highest child pedestrian fatality rates of the year, and it’s pretty clear to see why. Children wear costumes that obscure their vision, cross the street at places other than formal crosswalks, and many of them are trick-or-treating right at dusk or soon after it gets dark. Statistics completely unrelated to Halloween show that most pedestrian fatalities occur between 6:00 and 9:00 PM, which is incidentally when most trick-or-treating also occurs.

 

If you are responsible for a child on Halloween make sure they follow proper safety precautions. Only use proper crosswalks when crossing the street, get your kid to stick some reflective stickers on their head or whatever portion of their body is the most visible, and make sure to never let them just run across the street. Risk being labeled the over-protective adult: it’s worth it if it keeps them safe on the highest-risk night of the year. 

 

Poisoning

People poisoning or putting razor blades or needles in candy is pretty much unheard of. No one does that. But that doesn’t mean all the candy your kid gets is safe. Spoiled or tainted candy is a risk, but an avoidable risk. 

 

Teach your kids how to recognize unsafe food. Also, teach them to bring anything they’re unsure of to you. The best way to avoid eating spoiled candy is to not to eat spoiled candy.

 

Stay Safe Out There

While it might seem fun to see an emergency department chock full of both real nurses and modified nurses (zombie, vampire, sexy, or otherwise), it’s honestly best to try and avoid it altogether. Keep safety in mind while you’re roaming the streets, and force safety onto those you are responsible for.

 

Go out, enjoy the night and the candy, and try not to need any medical attention!

 

UPDATE: 11/1/2019

A couple people in Ohia did find razor blades in their Halloween candy in Ohio this year, but there have been no cases of death by poisoned or razor-bladed candy. Still, keep an eye out and check your kid’s candy.

Filed Under: News Tagged With: personal injury

Ford’s Ongoing Recalls of 2019

October 30, 2019 by Guest Contributor Leave a Comment

Ford Motor Company is in the middle of the latest in a recent string of recalls this year, this time involving its high-selling 2019 Expeditions and 2019 Lincoln Navigators. The issue is in a rear toe link fastener that, if disconnected, could increase the risk of driving the car. This is the same defective component that caused the massive recall of over 1.2 million Explorers in June. 

 

Ford also announced a recall for select 2015-17 model Transits, due to a potential drive-shaft-related issue. 

 

Other Recent Ford Recalls

Ford has implemented over half a dozen recalls in the past five months, including one in which improperly assembled seat-backs in models of the Ford Explorer, Expedition, F-Series, F-150, and Lincoln Aviator. That specific seat was being questioned for its ability to properly restrain passengers during a crash.

A different recall, largely South Carolina based, was due to Ford’s history with Takata airbags. The faulty airbags have been cited in multiple deaths due to their tendency to project metal shards at passengers during accidents.

Cars belonging to older and younger drivers tend to be at higher risk of containing a defective component, as those two demographics tend to get their cars serviced and check for recalls at a lower rate than those in early- to mid-adulthood.  

 

How Should Ford Owners Proceed

Drivers and owners of Ford’s should check their vehicle identification number and ensure that their car is safe to drive. Repairs for active recalls are free at dealerships and should never be neglected.

Filed Under: News, Technology

PG&E’s Liability

October 29, 2019 by Guest Contributor Leave a Comment

Recent California news cycles have thoroughly covered how the top utility company of the state, Pacific Gas and Electric (PG&E) has been preemptively shutting power off to millions of homes in an attempt to reduce fire risks. If you’ve been following the news, you’ll also know that half of California is currently on fire. This is due to a number of factors, not the least of which is climate change, but a number of fingers are being pointed at PG&E, and for good reason.

 

History of Mismanagement

PG&E is privately owned by the PG&E Corporation, despite being overseen by the California Public Utilities Commission. The company declared bankruptcy in January of 2019, the second time in two decades. Their prior bankruptcy scandal was due to a lack of statewide utility regulations and lasted between 2001 and 2004. 

The most recent PG&E bankruptcy can be filed up to mismanagement. The past two decades have seen the company regularly neglect necessary maintenance in favor of providing benefits to company executives and shareholders. The failure to maintain power and gas lines has led to the company being held responsible for multiple fires, including the devastating Camp Fire in 2018. 

Much of California’s electric grid is outdated, with power lines that aren’t fire-insulated and trees that need to be removed. Routine fixes can be dangerous, with an average of about 400 utility workers getting electrocuted every year in America. Of course, the best way to avoid being injured by old power lines is to install safer replacements. These replacements not only protect workers, but also those living nearby.

Part of the routine maintenance also includes trimming and removing trees that are interfering with power lines, as they create a huge fire risk, especially in dry and windy areas (i.e. most of California). 

After the Camp Fire of 2018 and its following lawsuits, PG&E was ordered to take responsibility for its necessary maintenance, including removing over 100 million trees that had become risks. PG&E, which was already preparing for bankruptcy, considered it more than its resources could handle to do so. 

 

Our Current Situation

This all leads us to today. Wine country is on fire again, Vallejo is looking like a scene Dante could only dream of, and pretty much all of Southern California is at high risk. While cause cannot be determined until after the fires are controlled, the footage from the start of the Kincade Fire is alleged to show PG&E’s responsibility. Despite the mass power outages, the power station near Sonoma had not been shut off due to the winds not being considered high-risk enough. Unfortunately, that station was suspected to have a serious default, which is thought to have caused the fire.

The Kincade fire has now displaced thousands of families, burned over 66,000 acres, and has destroyed over 40 homes. 

These fires are causing lasting damage, and are becoming more common. While PG&Es mismanagement can’t be considered the sole factor in their increasing frequency, the company needs to see actual consequences for its damage to the state’s infrastructure.

Filed Under: Business, News Tagged With: bankruptcy, personal injury

3 Home Improvement Trends and Their Impact of Your Law Firm

October 28, 2019 by Guest Contributor Leave a Comment

With a new generation of homeowners and long-term renters comes a new group of adults to decorate their homes. The millennials have begun to reveal their renovation and decoration styles, and they seem to be good for the public but not great for law firm sustainability.

 

1. Practicality

From barebones kitchens and Marie Kondo style organization styles, the youngest generation of adults seems to be leaning into designing their homes to live simply. This goes for renovations and decoration, leading to practical fixes to their houses instead of extravagant add-ons. Simple projects lead to simple construction contracts. This leads to fewer contract breaches and less push to have contracts reviewed, but more power to ‘em if they can get it done!

 

2. Sustainability

Environmental thinking has lead to a large influx of increased efficiency homes. Replacing old windows with double-pane windows, installing solar panels and energy-efficient climate control systems, and improving insulation to keep the house comfortable. These improvements are actually great for real estate lawyers, as they increase the worth of the property.  They also help do their small part in improving the environment.

 

3. Long-Term Fixes

As you may have noticed, a lot of the home improvement trends are long-term, relatively simple fixes. While renovating a property to be more energy-efficient, it’s likely that they will also go in and fix that defective porch. These fixes will likely reduce premises liability claims, so you PI lawyers will have to make do with a few fewer clients.

Filed Under: News

How Your Violent Charge Gets Classified

October 24, 2019 by Guest Contributor Leave a Comment

When defining violent charges, it can be hard to see where the lines cross from simple assault to assault to battery. It’s important to know the difference between the penalties for each and to know how to avoid charges that are more severe than necessary. 

 

Assault

Simple

Simple assault describes instances that involve a minor injury and/or minor threat of violence at most. It is the most minor of assault and is usually charged as a misdemeanor. There are certain protected classes of people for which those who assault them are given harsher sentences. Members of this protected class often include police officers, mental health workers, social services workers, and disabled and elderly persons.

Aggravated

Aggravated assault describes instances in which serious harm is done or threatened the victim. It can result in serious injury and is especially dangerous with the use of a deadly weapon. Use of a deadly weapon opens up a separate case in some states and can lead to serious criminal charges including, but not limited to, jail time, fines, and/or community service. Aggravated assault is considered a felony offense with consequences of up to 20 years in prison. If the assault was against a protected class or used a deadly weapon, jail time and other penalties can be increased.

Sexual

Sexual assault, as well as aggravated sexual assault, involves the threat and/or action of non-consensually engaging in sexual acts with a victim. They are usually defined as felony offenses, and consequences can range from one year to a lifetime in prison. Additional penalties often include court-ordered rehabilitation while in prison.

As with other forms of assault, penalties increase if the assault is committed against a protected class, a minor, or use of a deadly weapon occurs.

Battery

The difference between battery and assault has become less relevant over the years, with many charges being labeled as “assault and battery,” as opposed to either one individually. Semantically, where assault covers the threats of violence, battery covers the followthrough and actual physical violence.

Dropping Rates/Rising Rates

Violent crime charges are serious and varied. Penalties change drastically when factors such as the aggressor and/or the victim being a minor come into play, whether it is a recurring charge, and the degree of the damages done. Fortunately, violent crime in the United States has seen a drastic drop since its peak in the early 90s, with a drop from 758 violent crime cases per 100,000 people in 1991 to just 368 cases per 100,000 people in 2018. 

 

While violent crime rates as a category are dropping, unfortunately, some cases of assaults are on the rise, largely sexual assault. Some of this is due to the FBI updating its outdated definition of rape to focus on consent rather than force, therefore classifying more crimes as rape, but there does seem to be a considerable upward trend since 2013. According to the National Criminal Victimization Survey, estimated rapes (beyond just what is reported) have drastically increased since 2013. 

 

No matter what the trends say, violent crime can ruin a person’s life completely. Whether you have been unfairly punished or were a victim of a violent crime, it is important that you know how to put your experience in legal terms.

Filed Under: Law, News Tagged With: criminal defense, criminal law, personal injury

JUUL is Pulling Its Fruit-Flavored Pods: Will it Help?

October 23, 2019 by Guest Contributor Leave a Comment

In a recent strategic move, JUUL decided to pull all of its creme-, fruit-, and berry-flavored pods from shelves, leaving only original-, mint-, and menthol-flavored pods. The move was in response to the backlash the e-cigarette company has received due to its advertising campaigns that seemed to be aimed at minors. The impact the company has had on youth nicotine addiction is undeniable, with 20% of teens admitting to have vaped in the past 30 days, a 78% increase from 2017. Of the high schoolers who do vape, 68% use flavored products, and the flavored options are often listed in the top reasons why youths choose to use e-cigarettes.

 

Mint and Menthol Are Still Flavors

While pulling their sweeter flavors is commendable, the maintained presence of mint and menthol shows JUUL’s commitment to profits over people. The cut flavors, reminiscent of candies, are the common targets of lawsuits against the company. Due to the presence of menthol cigarettes on the nicotine market, keeping mint and menthol appears to be a balancing act between showing a willingness to be better, and maintaining stock prices. If JUUL can stay within the limits of what tobacco companies are allowed to produce, they can claim they are just as responsible for youth addiction as regular cigarettes. 

 

Tobacco Companies Shouldn’t be the Standard for Healthy Practices

Menthol cigarettes are the most addictive form of tobacco product and considered one of the more dangerous due to the amount of carbon monoxide inhaled by their users. Tobacco companies are already held to high marketing standards, standards e-cigarette companies have yet to be forced into. Cigarette packages are required to display large, unsettling photos of the effects of lunch and mouth cancer, with bold warnings about the effects of smoking and the highly addictive substance contained within. 

While e-cigarette and vaping products are also required to display addiction warnings, they have not been subjected to the same advertising bans or packaging requirements. For this reason, they are more liable for getting people addicted to menthol nicotine products that cigarette companies, who are unable to advertise.

 

JUUL Being Held Accountable

Multiple lawsuits against JUUL are currently underway, with class-action suits already underway. While it’s unlikely that they will have any traction for a number of years (if we’re using the tobacco industry as a comparison, it took over 40 years after proving the dangers of tobacco before states began allowing people to sue companies for Medicaid costs), each step is a step forward.

Filed Under: Marketing, News

Anheuser-Busch and MillerCoors Come to a Head

October 22, 2019 by Guest Contributor 1 Comment

 Trouble started brewing last week when Anheuser-Busch accused its rival beer company MillerCoors of stealing trade secrets for their most popular beers, Bud Light and Michelob Ultra. The relationship first soured when MC filed a lawsuit against Anheuser-Busch for misleading marketing when Anheuser-Busch suggested that their beers were made without corn syrup back in March. The case resulting in a Wisconsin Federal Court Judge ordering Anheuser-Busch to remove the large “NO CORN SYRUP” labels on Budweiser packages, but the bitter relationship continued to ferment, resulting in a months-long dispute.

 

Since the court orders of the Spring and Summer, MillerCoors managed to gain access to the recipes and processes to make some of Anheuser-Busch’s more popular beers. The act was taken as an unfair trade practice by Anheuser-Busch, who continued to bring up MillerCoors’ corn syrup accusations. In a court document draft, Anheuser-Busch is quoted writing “the degree of fermentation of MillerCoors’ corn syrup ingredient is less than 100%,” thus leaving some unfermented corn syrup in the product. This sticky situation has called into question the business law surrounding the beer companies, with both sides tapping top litigators to defend them.

 

The case remains unresolved as of October 22nd, as Anheuser-Busch demands “Trial by jury.”

Filed Under: Business, News

Elder Fight Club: Worse and More Common Than You’d Think

October 21, 2019 by Guest Contributor Leave a Comment

A recent story out of North Carolina revealed an illegal fight club being run by nursing home workers, forcing dementia patients to fight each other as the workers watched and recorded. It’s a horrific look into the mismanagement and abuse present at one nursing home but fails to recognize the common nature of such abuse.

While the specifics of the case may be rather particular, elder abuse, and nursing home abuse, in particular, is rampant across the country. Elder abuse can come in many forms, from emotional to physical to financial, and it’s estimated that as many as 1 in 10 elders has experienced some form of abuse. This is due to their often vulnerable and isolated nature, and the desire of for-profit institutions to cover up any allegations of abuse by their staff members and residents. Abuse can be in the form of:

  • Physical violence
  • Sexual assault
  • Unnecessary drugging
  • Failure to provide the correct medication 
  • Failure to provide food
  • Causing emotional stress through humiliation or intimidation
  • Failure to meet hygiene needs

24.3% of all elders living in nursing homes report having experienced abuse since moving to a nursing home.

 

While physical and emotional abuse are crippling to both elders and their loved ones, elder negligence is just as destructive, and it affects 14% of all elder abuse victims. Neglect is more likely to happen at home than in a nursing home but is still more common than it ever should be. Neglect occurs when an elder’s basics are not met, which can happen either intentionally or by accident. Many families simply are not equipped to take comprehensive care of a dependent elder. This is why nursing homes are such an important part of our communities, and why they need better oversight.

 

Elders have basic human rights, and should never be treated like they are less than. Elders who have been abused usually show certain signs, including:

  • Unexplained bruising
  • Bedsores
  • Unexplained bleeding
  • Unexplained behavioral changes
  • Loss of possessions
  • Overmedication

Elder abuse affects the entire community and can be perpetrated by nursing home employees, fellow residents, or even family members, male or female. If you or your loved one is the victim of elder abuse, it’s important that you report the abuse to try and slow the rampant abuse present in our country.

Filed Under: Law, News Tagged With: elder abuse, nursing home abuse, personal injury

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