In Episode 68 of Business Law 101, leasing personal property (such as equipment or cars) is more complicated than buying outright, and is governed by a completely different section of the Uniform Commercial Code (UCC). I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thoma...
Feb 04, 2022•3 min•Season 1Ep. 68
In Episode 67 of Business Law 101, I give an overview of titles (including a birds-eye view of negotiating and transferring them). I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. Connect with me on LinkedIn [@DavidSchein], Twitter [@DSchein1], Facebook [@AuthorDav...
Jan 28, 2022•3 min•Season 1Ep. 67
In Episode 66 of Business Law 101, it’s all about bailments – a term most people don’t know, but something they use constantly. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. Connect with me on LinkedIn [@DavidSchein], Twitter [@DSchein1], Facebook [@AuthorDavidS...
Jan 21, 2022•6 min•Season 1Ep. 66
In Episode 65 of Business Law 101, I discuss the ways personal property can be legally transferred (including sale, inheritance, and gifts) as well as abandoned, lost, and mislaid property. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. Connect with me on LinkedI...
Jan 14, 2022•5 min•Season 1Ep. 65
In Episode 64 of Business Law 101, I give an overview of real and personal property, how they are different, and what that means for you. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. Connect with me on LinkedIn [@DavidSchein], Twitter [@DSchein1], Facebook [@Au...
Jan 07, 2022•4 min•Season 1Ep. 64
In Episode 63 of Business Law 101, model Anna Nicole Smith was involved in a dispute over the estate of her late husband, oil tycoon J. Howard Marshall II, that made national headlines. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. Connect with me on LinkedIn [@...
Dec 31, 2021•4 min•Season 1Ep. 63
In Episode 61 of Business Law 101, accidentally leaked documents on keyword warrants suggest Google is spying for the American government, but the Kyllo case sets a precedent that the data could be inadmissible in court. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Tho...
Dec 24, 2021•2 min•Season 1Ep. 62
In Episode 61 of Business Law 101, I discuss the role of negligence in the famous McDonalds “hot coffee” case. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provokin...
Dec 17, 2021•4 min•Season 1Ep. 61
In Episode 60 of Business Law 101, I explain the role of strict liability in negligence cases, including both its history and recent trends in court findings. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 ...
Dec 10, 2021•7 min•Season 1Ep. 60
In Episode 59 of Business Law 101, I discuss some of the defenses you can used if sued for negligence, including contributory negligence, comparative fault, assumption of risk, and state of the art. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I have written an...
Dec 03, 2021•4 min•Season 1Ep. 59
In Episode 58 of Business Law 101, I explain the difference between actual and proximate causes of negligence, and discuss the damages that could be awarded (both compensatory and punitive). I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I have written and publis...
Nov 26, 2021•3 min•Season 1Ep. 58
In Episode 57 of Business Law 101, I break down some special cases of negligence, which are most commonly referenced by their Latin names. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership ...
Nov 19, 2021•4 min•Season 1Ep. 57
In Episode 56 of Business Law 101, 100 years ago the Palsgraf case found you are only liable for negligence if the danger is foreseeable. Today the court would likely have decided differently, and the dramatic uptick in malpractice cases reflects this. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Progr...
Nov 12, 2021•4 min•Season 1Ep. 56
In Episode 55 of Business Law 101, the Reasonable Person Test sounds like a fair standard by which to interpret negligence cases, but in practice it is frequently applied unfairly, particularly to business people. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I ...
Nov 05, 2021•3 min•Season 1Ep. 55
In Episode 54 of Business Law 101, I discuss the role of negligence in the Penn State House Party case, in which a college student died of alcohol poisoning during a fraternity party. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I have written and published The...
Oct 29, 2021•2 min•Season 1Ep. 54
In Episode 53 of Business Law 101, I give a compact overview of negligence, a complicated and extensive legal topic, using the analogy of a car accident. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor, the Cameron Endowed Chair of Management and Marketing, and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years...
Oct 22, 2021•2 min•Season 1Ep. 53
In Episode 52 of Business Law 101, I discuss The King of Torts and the oil industry case that made him famous. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of ...
Oct 15, 2021•2 min•Season 1Ep. 52
In Episode 51 of Business Law 101, I discuss legal damages. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from Wilson through Obama), of...
Oct 08, 2021•2 min•Season 1Ep. 51
In Episode 50 of Business Law 101, I negligence and liability. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from Wilson through Obama),...
Oct 01, 2021•4 min•Season 1Ep. 50
In Episode 49 of Business Law 101, I discuss defamation, slander, and libel. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from Wilson t...
Sep 24, 2021•2 min•Season 1Ep. 49
In Episode 48 of Business Law 101, I give an overview of Intentional Torts. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from Wilson th...
Sep 17, 2021•3 min•Season 1Ep. 48
In Episode 47 of Business Law 101, I discuss the 6th Amendment and public defenders. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from ...
Sep 10, 2021•5 min•Season 1Ep. 47
In Episode 46 of Business Law 101, I discuss how the Kyllo case and the 4th Amendment affect business owners. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of A...
Sep 03, 2021•4 min•Season 1Ep. 46
In Episode 45 of Business Law 101, I discuss how the guarantees provided in the U.S. Constitution protect business owners. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Director of Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 1...
Aug 27, 2021•5 min•Season 1Ep. 45
In Episode 44 of Business Law 101, I discuss the various defenses that can be utilized for criminal prosecutions. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Associate Dean for Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100...
Aug 20, 2021•5 min•Season 1Ep. 44
In Episode 43 of Business Law 101, I discuss the concept of Corporate Liability. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Associate Dean for Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (fr...
Aug 13, 2021•4 min•Season 1Ep. 43
In Episode 42 of Business Law 101, I discuss legal capacity. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Associate Dean for Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from Wilson through Ob...
Aug 06, 2021•8 min•Season 1Ep. 42
In Episode 40 of Business Law 101, I discuss the Bernie Madoff Ponzi scheme. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Associate Dean for Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from W...
Jul 30, 2021•3 min•Season 1Ep. 40
In Episode 39 of Business Law 101, I discuss white-collar crimes and RICO. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Associate Dean for Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from Wil...
Jul 23, 2021•3 min•Season 1Ep. 39
In Episode 38 of Business Law 101, I discuss administrative crimes. I am an attorney and speaker as well as the founder and CEO of Claremont Management Group, a consulting firm in Houston, Texas. I’m also a tenured professor and the Associate Dean for Graduate Programs at the University of St. Thomas. I have written and published The Decline of America: 100 Years of Leadership Failures, a thought-provoking, non-partisan book that reviews the last 100 years of American Presidents (from Wilson thr...
Jul 16, 2021•2 min•Season 1Ep. 38
