Is That Even Legal?

Send us a text A cousin-to-cousin loan sounds simple—until the judgment crosses an ocean. We walk through a striking case where a Nigerian court entered a money judgment and an Arizona court recognized it, revealing how comity, reciprocity, and due process shape whether foreign creditors can collect in the United States. With commercial litigator Marshall Hunt, we unpack the Uniform Foreign Country Money Judgments Recognition Act, Arizona’s added reciprocity requirement, and the practical tests courts use to decide if a foreign judgment deserves respect. We break down what “due process” really means in cross-border disputes: proper notice, a real chance to respond, and a court with legitimate authority over the parties. You’ll hear how service by email can satisfy legal standards, how personal jurisdiction turns on purposeful contacts and the place of the transaction, and why judgments for taxes, penalties, or family matters usually won’t be recognized. Along the way, we compare U.S. and Nigerian procedures, highlight why Arizona diverges from the modern trend, and show how Rule 44.1 lets courts consider expert affidavits to understand foreign law. For founders, in-house counsel, and dealmakers, the stakes are real. Recognition rules influence contract drafting, venue and governing law clauses, and enforcement strategy when deals go south. Respecting competent foreign judgments saves time, reduces costs, and avoids conflicting rulings, while reciprocity helps U.S. businesses receive fair treatment abroad. If you move money, goods, or services across borders, this conversation gives you the tools to plan smarter: document contacts, choose enforceable forums, define service methods, and know the defenses that actually work. Enjoyed the conversation? Follow the show, share it with a colleague who handles international deals, and leave a quick review to help others find us. Your questions and stories power future episodes—send them our way and join the dialogue.

Send us a text The law doesn’t care how romantic your story is: creditors, community property rules, and default statutes move the same way whether you’re a billionaire songwriter or a hometown athlete. We dig into the real purpose of a prenup: not to plan a breakup, but to build a clear financial framework that protects income, isolates debt, and keeps your estate plan from turning into a family brawl. Using the Swift–Kelce engagement as a timely lens, we translate headline drama into practical guidance anyone can use. We walk through the biggest misconceptions first. In many states, money earned after the wedding becomes community property, even if it lands in an account titled to one spouse. That means one partner’s creditors can reach the other partner’s earnings or bonuses without a single misstep at home. A well-crafted prenup flips those defaults, designating income as separate, walling off business liabilities, and preventing “community liens” from quietly forming on premarital assets like homes, companies, and royalties. We also map the clauses that matter most: property characterization, income rules, debt allocation, spousal support options, disclosure and counsel requirements, and dispute resolution that keeps fights out of court. Estate planning gets a spotlight too. Clear property definitions reduce probate and trust litigation, especially for blended families balancing care for a spouse with inheritances for children. We share cautionary tales - from invalid napkin contracts to celebrity payouts - and explain why DIY templates and last-minute signatures invite disaster. If you own a business, bring a home into marriage, have kids from a prior relationship, or carry complex debts, this is your playbook for protecting love from legal fallout. Subscribe, share this episode with a friend who’s engaged, and leave a quick review to help more people find practical legal insight without the jargon.

Send us a text Behind the wheel of every commercial truck is a driver navigating not just America's highways, but a complex maze of regulations that would fill an entire office if printed. Attorney Zac Hargis pulls back the curtain on the unseen challenges facing the transportation industry in this eye-opening conversation about truck drivers' daily regulatory battles. From the moment they start their day with federally mandated pre-trip inspections to managing electronic logging devices while safely operating vehicles weighing up to 80,000 pounds, truckers face scrutiny at every turn. A single traffic stop can trigger citations at local, state, and federal levels, potentially resulting in fines exceeding $10,000 – enough to devastate a small trucking operation. Meanwhile, these professionals must contend with aggressive passenger vehicles, blind spots that can hide entire cars, and the physics that make it impossible for them to stop as quickly as smaller vehicles expect. The conversation explores everything from cross-border transportation challenges to the reality that truck drivers face medical scrutiny similar to airline pilots. Sleep apnea, diabetes, and other health conditions aren't just personal matters for truckers – they're regulatory concerns that can impact their livelihood. Hargis also addresses the isolation of life on the road and how truck stops have become unfairly stigmatized despite facing "no more illegal activity than their fair share." Perhaps most importantly, this episode reminds us of the essential service these road warriors provide. "I've got food on my table because of a truck driver. I've got this shirt on my back because of a truck driver," Hargis notes, emphasizing that most drivers take immense pride in their work despite the sacrifices it demands. Next time you're tempted to cut off a semi or become impatient behind one climbing a hill, remember – they're not trying to slow you down; they're doing their best to keep America running while navigating an almost insurmountable regulatory environment. Listen now to gain a new perspective on the trucks and drivers that make modern life possible, and learn how specialized legal services are helping these professionals stay on the road.

Send us a text When Taylor Barlow decided to take on a pro bono asylum case, he never imagined it would become the most emotionally significant work of his legal career. His client's story reads like a political thriller – a peaceful activist from Togo who organized an 800,000-person march against a dictatorial regime, only to face years of brutal retaliation including kidnappings, beatings, and torture. After military police broke into his home, beating him and his young son unconscious, this father of two made the heartbreaking choice to leave his family behind and flee for his life. What followed was a harrowing two-month journey through South and Central America, including the notoriously deadly Darién Gap jungle crossing, where "one in three migrants die." Twice kidnapped in Mexico before finally reaching the U.S. border, he was immediately detained and placed in removal proceedings. This episode takes listeners deep into the complex, often misunderstood asylum process. We witness Barlow's fight against nearly impossible odds – a 90-minute hearing (reduced from four hours) to present a decade of persecution, technical legal barriers because his client crossed without an appointment, and the gut-wrenching realization that even proving all elements of asylum might not be enough as "asylum is completely discretionary." The emotional climax comes when Barlow's rarely successful motion for reconsideration is granted, securing his client's freedom and future. Beyond the legal victory, we glimpse the profound human impact as this new asylee sends his attorney a poignant photo of himself standing beneath an American flag on July 4th – a man who nearly died for the freedom to protest now finding refuge in a nation founded on that very principle. What makes this story so compelling is how it puts a human face on asylum policy while showcasing the life-changing impact of pro bono legal work. As Barlow reflects, "This mattered to this guy and it mattered to his wife and to his little kids... I saw myself and I saw my kids in him and his kids." Have you ever wondered what rights we take for granted? Listen now and consider what price others pay for freedoms we exercise daily without a second thought.

Send us a text What happens when someone dies with cryptocurrency assets but no one can find the keys? Is cryptocurrency just a modern version of the "wooden nickel" scam? How are sophisticated criminals using digital currency to pull off multi-million dollar heists—and why is 2025 shaping up to be the most dangerous year yet for crypto investors? Former federal prosecutor Seth Goertz pulls back the curtain on the mysterious world of cryptocurrency, offering rare insights from his extensive experience investigating financial fraud and cybercrimes. This fascinating conversation takes us from the practical headaches facing probate attorneys dealing with crypto assets to the sophisticated "pig butchering" schemes that have become one of the FBI's most concerning fraud trends. And the stakes have never been higher. With over $2.17 billion stolen from cryptocurrency services in just the first half of 2025 , this year has already surpassed the total losses of 2024. The DPRK’s $1.5 billion hack of ByBit —the largest in crypto history—has sent shockwaves through the industry. Meanwhile, personal wallet compromises now account for nearly a quarter of all stolen funds, and violent “wrench attacks” are on the rise, often timed with Bitcoin price surges. Gertz explains the fundamental tension at the heart of cryptocurrency: created as "a civil libertarian dream scenario" to exist outside traditional finance, crypto enthusiasts now want integration with mainstream financial systems—but without the full regulatory burden. The result is a confusing landscape where stablecoins present themselves as safe investments while lacking the protections of traditional banking. You’ll learn why cryptocurrency provides “an exponential ability to obfuscate funds,” making it the preferred tool for global money laundering, how the new Genius Act attempts to regulate stablecoins, and why these efforts may be mere “half measures.” We also explore how laundering behavior is evolving, with criminals now leaving billions in stolen crypto on-chain, and how regional trends are shaping the global threat landscape. Whether you're curious about blockchain technology, considering a crypto investment, or simply want to understand the legal implications of this rapidly evolving field, this episode provides essential context from someone who's seen the industry from all angles. Subscribe now, share with friends considering crypto investments, and let us know your thoughts about the future of digital currency regulation.

Send us a text What happens when the government decides it needs your land? Does the Constitution really allow officials to seize your family home, farm, or business property against your will? The answer might disturb you. Attorney Clint Schumacher, a leading eminent domain expert, joins us to unravel the complex world where constitutional rights, property ownership, and government power collide. Schumacher pulls back the curtain on a legal process that affects countless Americans but remains widely misunderstood. We explore the landmark Kelo v. City of New London case that dramatically expanded government's ability to take private property, allowing cities to seize homes for economic development rather than traditional public uses like roads or schools. This controversial Supreme Court decision sparked nationwide outrage and legislative reforms, yet many property owners remain vulnerable. The conversation takes a deeply human turn as Schumacher describes families losing properties held for generations – land that forms part of their identity, not just their assets. We examine the Henry family farm in New Jersey, owned by the same family for 175 years, now threatened by condemnation for affordable housing. This poignant example highlights how even worthy public goals create profound private sacrifices. We also demystify the compensation process, revealing the often significant gap between government appraisals and true property value. Schumacher explains why property owners frequently feel shortchanged even when receiving "just compensation," especially when forced to pay their own legal fees from their settlement amounts. Whether you're a property owner concerned about your rights - even His Eminence...the POPE ---His CHILDHOOD HOME was subject to eminent domain - or simply want to understand this fascinating intersection of law, economics, and human dignity, this episode provides crucial insights into a power that Schumacher calls "a necessary evil." Despite its importance for infrastructure development, nothing government does to innocent citizens feels more invasive than taking their property against their will. Have questions about your legal rights? Contact us at [email protected]. And while we sound smart and lovable, remember: we're not your lawyers, and this isn't legal advice! Our Guest: Clint Schumacher Clint Schumacher focuses his litigation practice on eminent domain and government taking litigation. Clint has represented property owners of all sizes that are being impacted by public projects. Before joining his present firm, Dawson & Sodd, Clint represented regional toll authorities and mass-transit authorities in some of the largest projects in north Texas. Clint’s dedication to excellence has led to him receiving the designation of Counselor of Real Estate, as well as that of Texas Super Lawyer in Eminent Domain by Texas Lawyer magazine in 2014-25. He has also been recognized by D Magazine as one of the top lawyers in Dallas. In 2021, Clint released a book on resiliency called Second Wind: Decisions the Resilient Make to Overcome Adversity. Clint is married to his college sweetheart, Jennifer, and they have three boys. Clint is also a dedicated football coach, having coached at Trinity Christian Academy (2016–2025) and Dallas Bills (2009-2017). He is a member of the Texas State High School Coaches Association and the American Football Coaches Association.

Send us a text 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.

Send us a text 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

Send us a text Is there a mental health crisis drowning the legal profession? Is there a higher level of depression, anxiety and 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? 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.

Send us a text Your 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 text Are 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 text What 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 text Every day we download apps, purchase products, sign up for services and legally bind ourselves at the click of a button or flick of an e-signature. A staggering 91 percent of mature adults surveyed admit they sign contracts without even reading them. 97 percent of younger adults in the same survey say they don't read before they "accept." And, as is the case with many contracts today...even if you read them, chances are you won't understand them without a lawyer - Is That EVEN Legal? Harvard law trained lawyer and technologist Jonny Allred joins Bob to talk about what can be done to make contracts more understandable. Jonny is joined by law student Trevor Cook - the first-ever recipient of the Is That Even Legal Scholarship for suggesting a great episode and guest. What you might be signing away when you click yes: Right to a jury trial Right to have a dispute resolved in your own state Your first born child (WHAT? listen to the episode to hear about that!)

Send us a text 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 In this episode Bob intereviews defense lawyer Russ Richelsoph about the myths and misconceptions of self defense, stand your ground and what's legal!

Send us a text 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.

Send us a text Could 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 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 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 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.

Send us a text 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!

Send us a text 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 case The 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.

Send us a text 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 may 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.

Send us a text 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.

Send us a text 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.