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Business Law 101

David Scheinpodcasters.spotify.com
Professor David Schein discusses the legal concepts that all business owners need to know.
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Episodes

The "No Surprises" Act

Courts are pushing back on federal overreach in the No Surprises Act! This is a win for common-sense regulation and ensuring fairness in healthcare. Government shouldn't tip the scales, allowing free markets & transparency to work for patients and providers. Photo credits: Nardavarstory; AnnaStills; ONe_Studio; JPC Film

Jul 02, 20253 minSeason 1Ep. 338

Alaska Campaign Finances

SCOTUS rejected the challenge to Alaska's campaign finance reforms, a win for transparency! This decision could pave the way for more states to enact vital reforms, shedding light on "dark money" and strengthening accountability in our elections. Good for fiscal conservatives who demand transparency! Photo credits: Marykor; Solstice Studios; Silverman Media Services, LLC; AnnaStills; stockaerial; RajPakhare; FinFrameStudio; MambaTV; v_creative

Jun 30, 20253 min

DoL overtime rule struck down

A federal court struck down the DOL's overtime rule increasing minimum annual salaries for exempt employees! This means the higher thresholds are out, at least for now. Businesses, stay tuned! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas...

Jun 09, 20252 minSeason 1Ep. 336

Headline- Making Discovery Dispute

Arguing about the discovery process in a lawsuit is rarely headline-making, but all the rules flew out the window when TwitterX sued Media Matters. Learn more this week on Business Law 101!! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-s...

Jun 04, 20253 minSeason 1Ep. 335

Recusing a judge

A serial litigator argued the judge in his case was biased against his industry because of a novel she published. Learn more about recusing a judge this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corrupt...

May 31, 20253 minSeason 1Ep. 334

EBay's Inter-State Stalking Case

In a truly bizarre case, a handful of angry executives and employees from California-based EBay decided to cross the country to harass, stalk, and vandalize the home of a Michigan couple. Learn more this week on Business Law 10! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal f...

May 28, 20253 minSeason 1Ep. 333

Cohen's Trump lawsuit rejected

The lawsuit against President Trump filed by his former attorney, Michael Cohen, has finished winding its way through the courts. Find out what happened this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style co...

May 26, 20253 minSeason 1Ep. 332

"Constructive Discharge" Now Streaming

Constructive discharge cases are notoriously hard to prove. Find out why this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in Washington DC, while The Decline of America: 100 Yea...

May 23, 20252 minSeason 1Ep. 331

Trump's TwitterX & Executive Privilege

Can social media companies be forced to give the courts information while prohibited from notifying the user – even if the user is the President? Learn more this week on Business Law 101! #BusisnessLaw101 Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explor...

May 21, 20253 minSeason 1Ep. 330

La Gordiloca & citizen's rights

Ever heard of La Gordiloca? She was arrested for violating an “unconstitutionally vague” law and set off a firestorm of legal arguments over civil rights and qualified immunity. Learn more this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for Americ...

May 19, 20253 minSeason 1Ep. 329

What to do for official and police visits

Do you know what to do if a police officer or government official come to your office? If they want to speak to someone? Poke around? Attorney David Schein suggests some ground rules, this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (20...

May 16, 20253 minSeason 1Ep. 328

Fani Willis vs. Young Thug

Fani Willis, the GA district attorney who made her career prosecuting Trump for election fraud, also has the dubious honor of participating in the longest running trial in Georgia’s history. Learn more about the Young Thug case on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commenta...

May 14, 20253 minSeason 1Ep. 327

Mexico sues over American guns

In a sad commentary on the state of the world, Mexico sued American gun manufacturers, alleging that they are the reason Mexico can’t keep the cartels from running their society. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) ...

May 12, 20252 minSeason 1Ep. 326

Trespassing Charges & the Jan. 6th Defendants

The DC Appeals court narrowly upheld trespassing charges against the January 6th defendants, but the dissenting opinion offered a compelling counter- argument. Learn more this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores ...

May 09, 20252 minSeason 1Ep. 325

Brinkman's Hardware & Eminent Domain

The courts have found that alleged pretexts and motivations are irrelevant in an eminent domain case. Learn more this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in Washington D...

May 07, 20252 minSeason 1Ep. 324

Public figures & defamation

Just how well known must you be to count as a “public figure” for the purposes of a defamation case? A recent case from Oregon highlights this issue. Learn more this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-...

May 05, 20253 minSeason 1Ep. 323

Apple wins with a Daubert motion

Apple managed to win a patent lawsuit by discredit a witness. If that sounds like something out of a courtroom drama, it is! I break down Daubert motions this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style c...

May 03, 20253 minSeason 1Ep. 322

Telemedicine for Pets

Under Texas law, humans have access to telemedicine, but not pets. A disabled veterinarian challenged the law. Learn how it turned out on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in ...

May 02, 20253 minSeason 1Ep. 321

SCOTUS passes on school board protesters

In a bit of a surprise, the conservative-leaning Supreme Court passed on hearing an appeal from the parents who made headlines protesting school board meetings in Saline, MI and Loudon County, VA. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal f...

Apr 28, 20253 minSeason 1Ep. 320

The EPA's "Methane Rule"

SCOTUS ruled that the EPA’s new “methane rule” can be enforced even as half of the states have active lawsuits protesting its legality. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running...

Apr 25, 20253 minSeason 1Ep. 319

ISP's & Copyrights

A record company sued an internet service provider over their users violating copyright law, but a surprise came in how the damages were calculated. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corru...

Apr 23, 20253 minSeason 1Ep. 318

Riley Gaines wins in court

Court ruling in favor of Riley Gaines raises further discussion about the balance between free speech and campus policies. The case highlights ongoing debates about fairness in women's sports. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for A...

Apr 21, 20252 minSeason 1Ep. 317

The Freedom of Information Act

The Freedom of Information Act (FOIA) is meant to promote government transparency by giving the public access to federal agency records. But, as showcased by the NIH “FOIA Lady” scandal, it is often intentionally circumvented. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction politica...

Apr 18, 20253 minSeason 1Ep. 316

Google Forced to Open Play Store

In a major blow to Google's dominance in the mobile app market, a federal judge has ordered the company to allow users to download and pay for apps outside of the Google Play Store. This landmark decision could have major implications for the future of the Android ecosystem. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thoma...

Apr 16, 20252 minSeason 1Ep. 315

Can New York City's Mayor be Bought?

New York’s mayor, Eric Adams, stands accused of taking bribes from foreign nationals and illegal campaign contributions, as is looking down the barrel of a lengthy investigation. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) ...

Apr 14, 20253 minSeason 1Ep. 314

Arbitration & Equitable Estoppel

What happens when a court orders you to arbitrate a dispute – but your company is supposed to litigate the same dispute? It turns out you’re subject to something called equitable estoppel. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for Ameri...

Apr 11, 20253 minSeason 1Ep. 313

Minimum Standards & Discrimination

A professor didn’t meet the minimum standard for tenure promotion, but then sued the university for discrimination under Title VII. Learn how that played out this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-sty...

Apr 09, 20252 minSeason 1Ep. 312

What's the difference between assault and battery?

We use assault and battery interchangeably, but they really aren’t the same thing at all. I get into how they’re different - and how they’re the same – this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style cor...

Apr 07, 20253 minSeason 1Ep. 311

International Excise Taxes

A Texas tire retailer learned the hard way that the beneficial owner is the one who has to pay international excise taxes – not necessarily the one who did the importing. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores...

Apr 04, 20253 minSeason 1Ep. 310

Suing for healthcare coverage

A teenage girl with severe anorexia was denied inpatient treatment by her health insurance company even after a disastrous visit home proved the necessity. Learn more on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-styl...

Apr 02, 20253 minSeason 1Ep. 309
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