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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 Spicy Chip Challenge

A 15-year-old boy died after taking on the “spicy chip challenge” that was so famous on social media, but the company used it’s labeling as a legal defense. 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-sty...

Jan 10, 20253 minSeason 1Ep. 278

Bedbugs & the Warranty of Habitability

A woman sued a resort in the Catskills for breaching the warranty of habitability after she was bitten hundreds of times by bedbugs. 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 ra...

Jan 08, 20253 minSeason 1Ep. 277

Sleeping in Public

The Supreme Court found that ordinances that ban sleeping in public are allowed, and do not violate the 8th Amendment. 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 rampant in Washi...

Jan 06, 20252 minSeason 1Ep. 276

Buoys in the Rio Grande

Texas is allowed, at least for now, to keep the buoys it placed in the Rio Grande, even though one dissenting judge declared their placement to be a military decision and thus not something the courts should resolve. 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 commenta...

Jan 03, 20253 minSeason 1Ep. 275

Religious charities & abortion insurance

Religious organizations are headed to SCOTUS a 2nd time over a New York law that requires their group health insurance to cover abortions if their charity work involves serving the general public. 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 V...

Jan 01, 20253 minSeason 1Ep. 274

Non-Citizen Spouses

SCOTUS recently found that you have no legal interest in another person’s visa application, even if they are a relative – which means you have no constitutional right to bring a non-citizen spouse to the USA. 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...

Dec 30, 20242 minSeason 1Ep. 273

Illinois Assault Weapons

SCOTUS recently declined to hear several 2nd amendment cases, instead resolving them with technical rulings, such as the famous Illinois assault weapons ban. 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-st...

Dec 27, 20243 minSeason 1Ep. 272

Big Tech & Free Speech

SCOTUS surprised many people when the dominantly conservative court sidestepped on government-mandated Big Tech censorship during COVID. 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 runnin...

Dec 25, 20243 minSeason 1Ep. 271

COVID vaccine appeals

SCOTUS has rejected the latest round of COVID19 vaccine appeals, in this case brought by a nonprofit founded by Robert F. Kennedy Jr. 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 r...

Dec 23, 20243 minSeason 1Ep. 270

COVID funds fraud

In a story that would be suited for a made-for-TV movie, 70 defendants have been charged with stealing money from a federal COVID relief fund under the guise of feeding hungry children. Some of these now face charges for bribing and surveilling a juror. 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 s...

Dec 20, 20243 minSeason 1Ep. 269

Debit card fees & the Federal Reserve

In another recent blow to the administrative state, SCOTUS ruled the statute of limitations for suing under the Administrative Procedures Act doesn’t start until you’re hurt by the agency’s action. 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 ...

Dec 18, 20243 minSeason 1Ep. 268

Boeing 737 Max Plea Deal

Boeing agreed to plead guilty to a criminal charge of defrauding the US government after repeated serious safety issues with its 737 Max airplanes. 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 corrup...

Dec 11, 20243 minSeason 1Ep. 267

Guns ban for domestic abusers

Zackey Rahimi went to the Supreme Court for the 2nd time trying to get his right to own guns restored after he was involved in 5 shootings in a month while under a domestic violence protective order. Find out how it went 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 book...

Dec 02, 20242 minSeason 1Ep. 266

Administrative Law Judges

SCOTUS limited the power of Administrative Law Judges, and in so doing dealt a blow to federal agencies that create, enforce, and manage disputes with their own regulations. 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) explo...

Nov 29, 20243 minSeason 1Ep. 265

Overseas Investment Taxes

SCOTUS found that a 2017 law meant to require corporations to pay taxes on overseas income applies retroactively, even to individual small-dollar investors who have never received any income. 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 Am...

Nov 27, 20243 minSeason 1Ep. 264

Media Censorship Lawsuits

A judge in Tyler, TX has ruled against the U.S. State Department, allowing a lawsuit alleging that they are funding repressive media technologies, like Newsguard, that illegally favor leftist publications. 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) explo...

Nov 22, 20243 minSeason 1Ep. 263

The SCOTUS bump stock ruling

Since restricting bump stocks was popular with both political parties, the SCOTUS decision to reverse that ruling became quite high-profile, but it is consistent with other administrative law decisions of the current court. 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 c...

Nov 20, 20242 minSeason 1Ep. 262

Musk vote-buying lawsuit dismissed

Elon Musk was accused of buying votes when he held a raffle for swing-state voters who signed a petition to support the first and second amendments during the election. The lawsuit has been tossed out of court. 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 boo...

Nov 18, 20242 minSeason 1Ep. 261

Voting machines, Newsmax, & defamation

Voting machine company Smartmatic sued Newsmax for defamation over their stories claiming the 2020 election was stolen, but is now reducing their damages claim after 3 top executives were indicted for bribing an elections official in the Philippines. Get the story 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 s...

Nov 13, 20243 minSeason 1Ep. 260

Global Sales Law

Under the CISG, the buyer has to inspect the goods and report any problems with the product within two years of receiving it. I’m sure you can think of lots of reasons the seller might hate that – I get into one 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 boo...

Nov 11, 20245 minSeason 1Ep. 259

Sellers Rights & the Trico case

In a contract, a seller and a buyer have parallel statutory rights – but the Trico case questioned what happens to those rights when the goods in question are still in transit. 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) ex...

Nov 06, 20243 minSeason 1Ep. 258

Starbucks & the Memphis Seven

The legal saga of Starbucks’ Memphis Seven, who came to represent the coffee shop employees attempts to form a union in the media, is at an end. I lay it out for you 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 V...

Nov 01, 20243 minSeason 1Ep. 257

Pay Transparency Laws

Pay transparency laws are just another example of the ongoing attempt by the government to involve itself unnecessarily in the hiring and employment process. If the information is that critical for potential employees, employers would already be providing it to applicants. 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-f...

Oct 30, 20243 minSeason 1Ep. 256

Buyers Rights & Lobsters: Limitations

So, what happened to the statute of limitations in the dead lobsters case? I get into it, 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...

Oct 28, 20245 minSeason 1Ep. 255

RFK Jr. & the NY Ballot

RFK Jr. has been involved in a series of lawsuits involving getting his name on and off of various state ballots throughout the country, but perhaps none so dramatic as his will they/won’t they with the state of New York. Learn about it 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...

Oct 25, 20242 minSeason 1Ep. 254

Buyers Rights & Lobsters

When you’re the buyer in a contract you have the right to inspect the goods before you accept them – but you need to be careful about how you do so. I talk about a seafood company that got into hot water with dead lobsters, 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 co...

Oct 21, 20243 minSeason 1Ep. 253

3rd party politics in Georgia

3rd party candidates Cornel West and Claudia de la Cruz have been blocked from appearing on the 2024 presidential ballots by the Georgia Supreme Court. Why does that matter? Find 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) explore...

Oct 16, 20242 minSeason 1Ep. 252

Al-Misehal & Adequate Assurances

Under the Code, you generally assume both parties are operating in good faith and will perform the duties of the contract. But… what if that’s not the case? Find out this week on Business Law101! 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 Ve...

Oct 14, 20242 minSeason 1Ep. 251

Music use by political campaigns

Trump’s campaign has been ordered to stop using music by Isaac Hayes, the latest in a line of legal issues they’ve had with music licensing. There’s an actual process for using music in a political campaign, and I get into it 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 ...

Oct 11, 20243 minSeason 1Ep. 250

Equal Ballot Access

Minor political parties and independent candidates have a rough time getting their names on ballots. They sued in Texas over the requirements, and the courts ruled against them using the controversial Anderson-Burdick test. 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 c...

Oct 09, 20243 minSeason 1Ep. 249
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