Legally Sound Smart Business by Pasha Law PC

Nasir and Matt from Pasha Law
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Legally Sound Smart Business by Pasha Law PC

Broad answers to specific business legal questions (with multiple disclaimers), Legally Sound | Smart Business is a podcast geared towards small business owners. Hosted by attorneys Nasir N. Pasha and Matt Staub of Pasha Law, Legally Sound | Smart Business touches on a variety of topics, usually from a legal point of view, with an occasional laugh.

  1. 22/11/2023

    Law in the Digital Age: Exploring the Legal Intricacies of Artificial Intelligence [e323]

    In this episode, Nasir Pasha and Matt Staub explore the legal implications of Artificial Intelligence in the business world. They delve into the most talked-about issue of 2023: AI and its impact on the legal landscape. Although AI isn't necessarily a new topic, it has many unanswered questions in the legal world. Nasir and Matt discuss the dangers and challenges of AI, touching on issues from copyright law to the use of AI in the workplace. Diving deep into the privacy implications of AI usage and discussing the Samsung incident where data leaked through ChatGPT. They explore the intricacies of copyright ownership in AI-generated content, discussing a recent ruling that AI lacks human authorship. Nasir and Matt expands to cover data leaks in various contexts, emphasizing the importance of implementing rigorous policies as AI tools become increasingly integrated into diverse industries. Full Podcast Transcript NASIR: We are covering artificial intelligence as it applies to the legal world. Probably the most talked about issue in 2023. MATT: A lot of question marks. NASIR: Frankly, the dangers of it. I don’t know. MATT: We call that a lose-lose. NASIR: I would want to own that copyright. MATT: It’s a level of human input. This is Legally Sound Smart Business where your hosts – Nasir Pasha and Matt Staub – cover business in the news and add their awesome legal twist. Legally Sound Smart Business is a podcast brought to you by Pasha Law PC – a law firm representing your business in California, Illinois, New York, and Texas. Here are your hosts, Nasir Pasha and Matt Staub. NASIR: Welcome to our podcast today! We are covering artificial intelligence as it applies to the legal world. One of the big news for this particular podcast is this is entirely generated by AI. I am talking, my image, everything here is completely through artificial intelligence generated. It’s a new technology. What do you guys think so far? MATT: You know what’s disappointing? I actually came with the exact same joke or same line, and you stole it from me. NASIR: Great minds think alike. Great comedians too as well? I don’t know. MATT: I don’t know if we can consider ourselves comedians. We try, but… For attorneys, I think we can probably justify it, but in the general population, I don’t think so. NASIR: Maybe in the realm of dad jokes. MATT: That’s true. NASIR: I’ll take that. From that standard, I thought that was pretty good. MATT: Yes. NASIR: This is really me as far as you can tell. In reality, maybe ten years from now, you wouldn’t be able to tell, but we are going to be covering probably the most talked about issue in 2023 which is AI or artificial intelligence. I think the last time we had this kind of topic from a legal perspective to really parse out and hash out like this was probably for COVID-19. In fact, I think we did a whole episode on all the legal implications of COVID-19 – everything from working from home and the vaccinations and these kinds of things. But artificial intelligence in particular has brought in all these new legal issues. One thing that we said back in COVID – if you recall, Matt – even though it’s bringing on new issues, it is still based upon old law. This is what happens with technology or a new pandemic. The law is slow to adjust, so there are going to be things that are based upon what’s happened in the past to build analogies to apply to the future. We’re going to talk about everything from copyright law to using AI in the workplace and some mishaps in using AI in business. MATT: It’s similar to any emerging technology. At this point, it is very much in the forefront. Sometimes, we try to do podcasts that are evergreen. This one is obviously not going to be. If you listen to this a year from now, I imagine it is going to be much different the thin...

    57 min

  2. 12/07/2023

    Unraveling the Workforce: Navigating the Aftermath of Mass Layoffs [e322]

    In this episode, Attorney Nasir Pasha and Attorney Matt Staub delve deep into the complexities of mass layoffs and offer valuable insights, real-life examples, and practical advice to employers grappling with the aftermath of such challenging situations. Nasir and Matt emphasize the critical importance of effective communication when executing mass layoffs. They stress the need for meticulous planning and the development of a clear communication strategy. Drawing from both successful and problematic examples, the hosts highlight the significance of involving HR professionals, legal advisors, and financial experts to ensure a comprehensive and empathetic approach. A key legal consideration discussed is the Worker Adjustment and Retraining Notification (WARN) Act. Nasir and Matt provide a comprehensive overview of the federal WARN Act requirements, emphasizing that employers with at least a hundred full-time employees must provide a 60-day notice to affected employees under certain circumstances. They also shed light on state-specific WARN Act regulations, including California's lower employee threshold. Discrimination in mass layoffs is another critical area examined. They tackle the challenges associated with making fair termination decisions in larger organizations, stressing the need to establish objective criteria such as job performance and seniority while avoiding subjective factors that may give rise to discrimination claims. Nasir and Matt underscore the importance of maintaining proper documentation and objective evaluations to support termination decisions. Severance packages, an integral part of mass layoffs, receive significant attention. Nasir and Matt explore the benefits of offering severance, particularly the release of employer liability. While providing general guidelines, such as one week of salary per year of service, severance agreements for executive-level employees may differ based on individual employment contracts. Full Podcast Transcript NASIR: Fifty-year low of unemployment. MATT: The Goldman Sachs CEO had roughly 3,200 employees terminated. NASIR: Hopefully it’s not spontaneous. MATT: You know, if someone’s going to be upset, they’re going to be upset. NASIR: Matt, you’re right. It’s relatively simple to figure out whether you trigger a WARN Act or not. MATT: Nothing good is probably going to happen. This is Legally Sound Smart Business where your hosts – Nasir Pasha and Matt Staub – cover business in the news and add their awesome legal twist. Legally Sound Smart Business is a podcast brought to you by Pasha Law PC – a law firm representing your business in California, Illinois, New York, and Texas. Here are your hosts, Nasir Pasha and Matt Staub. NASIR: All right. Welcome. Fifty-year low of unemployment. That’s what we’re going to talk about today; also, the other side of the coin which is all the layoffs that are going on in the tech sector but especially in the last few months here in 2023, and in particular how to handle those layoffs from a legal perspective. MATT: Yes, it’s no secret to anyone that’s been paying attention to the news. There’s been a great amount of layoffs – mass layoffs particularly in larger companies. It felt like this was a pretty appropriate topic from the legal standpoint on both ends of the employer-and-employee spectrum to see what exactly is out there and what people can do. NASIR: Right. We’ve been debating whether to cover this particular topic because we’re in a very weird economy right now – at least from my perspective. Despite the unemployment being at a 50-year low, we are seeing lots of news about layoffs. So far, it seems to be a lot in the tech sector, but one of the reasons we wanted to cover this is I think we anticipate that this may start expanding a bi...

    46 min

  3. 09/01/2023

    Return to the Office vs. Remote: What Can Employers Legally Enforce? [e321]

    As the COVID-19 pandemic swept across the globe, businesses scrambled to adapt to the new reality it presented. In this blog post, we dive into the case of Goldman Sachs, a financial services giant, to examine their response to the crisis and the lessons other businesses can learn from their return-to-office strategy. From prioritizing employee safety and well-being to navigating legal concerns and addressing accommodations, this comprehensive look at the company's pandemic journey offers valuable insights for businesses facing similar challenges. Be sure to listen to our podcast episode on the same topic for an even deeper exploration of Goldman Sachs' pandemic response and return-to-office experience. The COVID-19 pandemic brought unprecedented challenges to businesses worldwide, forcing many to adapt their working environments rapidly. One such company was Goldman Sachs, a global financial services powerhouse. This blog post will take a closer look at the company's response to the pandemic, focusing on their return-to-office strategy and the issues they faced along the way. Early Response to the Pandemic (March 2020) In March 2020, the US started to see a surge in COVID-19 cases, with New York City becoming an early epicenter of the outbreak. Goldman Sachs, headquartered in the city, responded by sending their employees to work from home. CEO David Solomon emphasized the company's commitment to employee safety and support for not only their direct employees but also the support staff that keep their offices running. The Return-to-Office Plan (September 2020) In March 2020, the US started to see a surge in COVID-19 cases, with New York City becoming an early epicenter of the outbreak. Goldman Sachs, headquartered in the city, responded by sending their employees to work from home. CEO David Solomon emphasized the company's commitment to employee safety and support for not only their direct employees but also the support staff that keep their offices running. The Return-to-Office Plan (September 2020) In September 2020, before vaccines were widely available, there was a lull in COVID-19 cases. Seizing the opportunity, Solomon announced a return-to-office plan for employees, implementing a rotational schedule. This decision was considered controversial at the time, as many companies had not yet considered bringing employees back on-site. Legal Considerations and Employee Concerns Throughout the pandemic, businesses faced numerous legal questions and employee concerns, such as potential liability if an employee contracted COVID-19 at work, and whether employees could be forced to return to the office. While there were some exceptions, such as religious or disability-related concerns, employees were generally required to comply with their employer's return-to-work policies. Accommodations and Adjustments As more information about the virus became available, businesses, including Goldman Sachs, had to consider potential accommodations for employees with health concerns. Employers could provide personal protective equipment (PPE), vaccinations, or alternative working arrangements, such as separate offices or continued remote work, to accommodate employees with health concerns or disabilities. Employers should feel more comfortable bringing their employees back to the office as the situation continues to evolve, considering the legal landscape and the current state of the pandemic. It is essential to be aware of different state labor laws and how they may impact employment policies if employees have moved during the pandemic. Additionally,

    36 min

  4. 28/10/2022

    Explaining the Hans Niemann Chess Lawsuit v. Magnus Carlsen [e320]

    https://player.vimeo.com/video/765042547?h=00370d406a&badge=0&autopause=0&player_id=0&app_id=58479 When one of the world’s most famous chess players is accused of cheating, everyone wants to know how it happened. Hans Niemann is suing Magnus Carlsen, Chess.com, and others for $100m in a defamation lawsuit. There are many layers to this lawsuit and Nasir breaks down the legal aspect of one of the biggest cheating scandals in chess history. Full Podcast TranscriptNASIR: Finally, my two favorite worlds have collided – both the law and the chess – right here at Memorial Park in Houston, Texas. Windy day. We have some background noise – ambient noise. What are the two worlds that collided? Well, Hans Neimann has sued Magnus Carlsen for defamation in one of the biggest chess scandals in history. ZACHARY: And Chess.com, right? NASIR: Chess.com and a streamer called Hikaru Nakamura. ZACHARY: Oh. I didn’t know that. NASIR: I actually watch him, too. Anyway, these are my two worlds because, of course, I’m an attorney. Zach is a paralegal with us. Him and I – for those of you that don’t know – we play chess pretty much every Friday. ZACHARY: Yes, certainly. NASIR: I don’t know. What’s our win-lose ratio? ZACHARY: You will be modest and say that I sometimes beat you more than I do, but you certainly beat me more often. NASIR: Well, the problem is I’m the boss. I feel like that’s part of it because I hate to lose. I can’t stand it. Also, we also wager whether we leave early or not. Usually, it’s whether I win or lose, we leave early – on those days, at least. Yes, biggest scandal probably to hit chess history.

    50 min

  5. 26/09/2022

    California v. Texas: Which is Better for Business? [313]

    Through a five-round championship bout, Matt travels to Texas from California to determine which state is better for business. Will it be a knockout with a clear winner or will it go to the scorecards?

    1h 4m

  6. 07/07/2022

    Buyers vs. Sellers: Negotiating Mergers & Acquisitions [e319]

    Whether you are buying or selling a business, the transaction goes through the same steps. However, they are viewed from different perspectives. Sellers may not want to fully disclose all the blind spots while Buyers will want otherwise. Nasir and Matt battle it out in this Buyer vs. Seller to determine who has the advantage! Round 1: Prepare to Negotiate - Letter of Intent When it comes to selling a business, some of the most critical work is done before you even make your first phone call. A letter of intent serves as a way for both parties to get on the same page and lays the groundwork for what each of you can expect from the other. https://www.youtube.com/embed/t4KVprJ9m94 Round 2: Due Diligence and the No Shop Periods Buying or selling a business is a complex process. It's not just about talking about purchasing or selling the company's assets. For prospective buyers, it’s important to understand that buying a business is not all about the numbers. Thorough due diligence of all facets of your target company is necessary for you to make a meaningful offer. https://www.youtube.com/embed/5tK8uMHZArQ Round 3: Warranties and Representations Representations and warranties are the biggest reason that verbal agreements are so risky. Representations and warranties set a floor on the quality of the purchase, define each party's responsibilities, inform both parties how they can end the deal, and help structure payments. https://www.youtube.com/embed/QoxOnUEGdxs Round 4: It's Closing Time Signed, sealed, and delivered. The signing and closing of a transaction is often the most critical stage in the process. It can either be smooth or cause delays that could undermine the transactions. https://youtu.be/AgEtBno39YA “Full Podcast TranscriptNASIR: All right. Welcome! We are talking buyers and sellers, acquisitions, mergers. It’s a lot more than what you would think. MATT: That depends on what side you’re on. NASIR: Everyone in business ends up at this point at one point in time. MATT: It’s a very interesting dynamic. This is kind of a very weird interaction. This is Legally Sound Smart Business where your hosts – Nasir Pasha and Matt Staub – cover business in the news and add their awesome legal twist. Legally Sound Smart Business is a podcast brought to you by Pasha Law PC – a law firm representing your business in California, Illinois, New York, and Texas. Here are your hosts, Nasir Pasha and Matt Staub. NASIR: All right. Welcome! We are talking buyers and sellers, acquisitions, mergers. We are going, once again, head-to-head – Matt and I – taking different perspectives. This time around, we’re not flipping a coin. Matt and I discussed it prior, and I am taking the buyer’s point of view. MATT: That means I’ll be taking the seller’s point of view. NASIR: That would be weird if you also took the buyer’s point of view, so that’s good. MATT: Well, obviously, there’s not a lot of positive results from the pandemic, but one thing I’ve noticed that has happened that’s been a positive is there have been a lot of transactions between companies – like you said, mergers and acquisitions, things of that nature. We’ve seen quite an uptick of representing buyers and sellers in those sorts of transactions just because of the nature of it. I don’t know necessarily if they were more motivated and what the actual reasoning was, but – at least in my opinion – there’s been an increase in those sorts of transactions. NASIR: Absolutely. If you looked at the stats on M&A in general,

    56 min

  7. 12/05/2022

    Employers vs. Employees: When Are Employment Restrictions Fair? [e318]

    When it comes to Restrictive Covenants, employers are fighting to keep their company safe while employees may use them to their advantage. Keep listening to find out if the Employer or the Employee wins this battle. Round 1: Trade Secrets A company's trade secrets encompass a whole range of information and are one of the most valuable assets that a company can own and protect. Trade secrets are a vulnerable form of intellectual capital, so there is a big risk for the employers. https://www.youtube.com/embed/nOmEKmdArto Round 2: Non-Competes Non-Competes are not legal in all states, but in those where they are, they can be a significant advantage for employers. Employees, on the other hand, in the states that are legal may find it difficult to find a new job. https://www.youtube.com/embed/9JkCS5RJE1w Round 3: Non-Solicitation of Clients, Suppliers & Vendors Good employees are hard to come by and employers who have them want to keep them. Non-solicitation agreements protect you from the harm that can be caused by a former employee poaching these customers or employees to a competitor. https://www.youtube.com/embed/5JQLfge4I4g Round 4: Poaching Think of service providers, engineering firms, marketing companies, staffing firms, etc. In order to prevent clients from hiring away personnel, many service contracts contain “no-poach” provisions that restrict employees from being hired by another service provider. https://www.youtube.com/embed/WGY7DPWJ1no Round 5: Confidentiality A company has little to lose and much to gain by using confidentiality agreements. Confidential information plays an important role in business competitiveness and success. It is also necessary to ensure the protection of company trade secrets under state or federal laws. https://www.youtube.com/embed/hp5MxwbxFE4 Full Podcast TranscriptThis is Legally Sound Smart Business where your hosts, Nasir Pasha and Matt Staub, cover business in the news and add their awesome legal twist. Legally Sound Smart Business is a podcast brought to you by Pasha Law PC – a law firm representing your business in California, Illinois, New York, and Texas. Here are your hosts, Nasir Pasha and Matt Staub. NASIR: All right. Welcome! Welcome! Welcome! This is our 318th episode of Legally Sound Smart Business. It’s a big milestone. 318, of course, is very well known to be a pretty significant threshold. Once you pass that mark, you’ve made it, so we’re very happy about that. MATT: I think that’s because my hometown area code is 317. We’ve hit that. Now, we’re above that, and we’re past all the previous parts of my life. NASIR: That’s precisely correct. Of course, 318th episode – traditionally, we cover restrictive covenants. That’s something that’s been established for many years. And so, 318, of course, I should say restrictive covenants in general is something that everyone is interested in. It covers everything from non-competes to trade secrets to confidentiality – you name it. Of course, at Legally Sound Smart Business, we like to take different perspectives. And so, today, we are going to split it up, Matt. One of us is going to take the employer’s perspective, and the other one is going to take the employee’s perspective. You’ll have to decide who makes the better argument – if it is an argument, I guess. But we haven’t decided which side to take yet. MATT: Yes, we have to flip a coin, right? NASIR: That’s what I have here.

    58 min

  8. 14/02/2022

    Vaccine Mandates Supreme Court Rulings [E317]

    The Supreme Court rejected the nation's vaccine mandate. Businesses with 100 or more employees are NOT required to have their employees vaccinated or go through weekly testings. However, this policy remains in effect for health care facilities. In this episode of Legally Sound | Smart Business, the team sat down to discuss their thoughts on this ruling.

    11 min
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About

Broad answers to specific business legal questions (with multiple disclaimers), Legally Sound | Smart Business is a podcast geared towards small business owners. Hosted by attorneys Nasir N. Pasha and Matt Staub of Pasha Law, Legally Sound | Smart Business touches on a variety of topics, usually from a legal point of view, with an occasional laugh.

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