50 episodes

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.

Legally Sound | Smart Business Pasha & Matt from Pasha Law

    • Business News

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.

    The Dark-side of GrubHub’s (and others’) Relationship with Restaurants [e301]

    The Dark-side of GrubHub’s (and others’) Relationship with Restaurants [e301]

    GrubHub is subject to two "matters of controversy" that have likely become common knowledge to business owners: "fake" orders and unfriendly microsites.

    • 27 min
    Ultimate Legal Breakdown of Internet Law & the Subscription Business Model [e300]

    Ultimate Legal Breakdown of Internet Law & the Subscription Business Model [e300]

    In this podcast episode, Matt and Nasir breakdown the legal issues of the subscription industry's business on the internet.







    Resources







    A good 50-state survey for data breach notifications as of July 2018.California Auto-Renewal Law (July 2018)Privacy Policies Law by StateWhy Users of Ashley Madison May Not Sue for Data Breach [e210]Ultimate Legal Breakdown: Subscription Box Businesses [e286]How Subscription Model Pricing Is The Gift And The Curse [e228]Guide to Terms & Conditions for Subscription Box Businesses (January 2015)GDPR v. CCPANegative Options according to the FTC from 2009Negative Options according to the FTC from 2016







    Full Podcast Transcript



    NASIR: Welcome to our podcast! My name is Nasir Pasha.



    MATT: And I’m Matt Staub. We’re two attorneys here with Pasha Law – practicing in California, Texas, New York, and Illinois.



    NASIR: This is where we cover business in the news and give our legal twist to that news. Today, we are going to really focus on a subscription industry. Pretty much every service product now you can get on a subscription basis. We’re going to do the ultimate legal breakdown on privacy, data protection, and terms and conditions. If you really love the law, this is for you because we’re going to bore you to death.



    MATT: Like you said, when people think of subscription-based things, I think – at least for me – the first thing that comes to mind is the subscription box model where you get an actual delivery of goods every month, but it’s way more than that. I can imagine there’s one listener who doesn’t have at least one subscription-based service – like Netflix or anything like that or an Amazon account. It’s very prevalent and it’s pretty wide-reaching at this point. It’s just there’s a lot of rules that go into it, especially depending on where you’re located as well and where your customers are. We’re not going to be able to cover everything, but we’re hoping to cover as much as we can.



    NASIR: No, we’re covering everything. We’re going to be here for the next three days, nonstop, just buckle your seatbelts. The subscription model is nothing new. I don’t know how far back you’d go, but you could go back to at least newspapers and periodicals. I think where you can start seeing the kind of subscription box kind of related aspect is – what was that back in the day where you’d pay X amount?



    MATT: Columbia House?



    NASIR: Yeah, exactly. That seems to be where things really started to transition into something a little bit more clever when it comes to certain products being mailed to you on a monthly basis.



    MATT: Yeah, we’ll get into that as well. There was a little bit of trickery involved in that, but that’s definitely one of the earlier adopters. Like you said, newspapers, that’s what I said at the beginning. It’s something that people might associate with one thing, but it’s really across the industry – pretty far-reaching in terms of different services in addition to the goods.



    NASIR: But I think one thing that has changed – I mean, we just have to say it plainly – it’s the internet. When someone would walk into your store, you would have an interaction with that customer. Even if you had all the legal protections and things like that, it was just different because it was face-to-face. If there was an issue with the product or service, there was that human interaction. Now, on the internet, the stakes are just so much higher because, first of all, there’s this wall of a computer in front of you, so all your customers feel protected. Frankly, even businesses feel protected to be a little bit more flexible with how they do things. And so, if someone has a complaint and they’re upset about it, they’re going to blast you online. It’s very easy now. Any marketing material,

    • 1 hr 3 min
    Why the Business Buying Process is Like a Wedding?: A Legal Guide [e299]

    Why the Business Buying Process is Like a Wedding?: A Legal Guide [e299]

    In recording this episode's topic on the business buying process, Matt's metaphor, in comparing the process to getting married probably went too far, but they do resemble one another. Listen to the episode for legal advice on buying a business.

    • 33 min
    Will Crowdfunding and General Solicitation Change How Companies Raise Capital? [e298]

    Will Crowdfunding and General Solicitation Change How Companies Raise Capital? [e298]

    Nasir and Matt return to discuss the different options available to companies looking to raise funds through general solicitation and crowdfunding. They discuss the rules associated with the various offerings under SEC regulations and state laws, as well as more informal arrangements. The two also discuss the intriguing story about a couple who raised over $400,000 for a homeless man only to allegedly keep the funds for themselves.

    Full Podcast Transcript



    NASIR: Hi, and welcome to our podcast.My name is Nasir Pasha.



    MATT: And I’m Matt Staub.We’re two attorneys here with Pasha Law, practicing in California, Texas, New York, and Illinois.



    NASIR: And this is where we cover business in the news and add our legal twist to that news.Legally Sound Smart Business – we’ve been doing this podcast for now, I don’t know, I feel like it’s been like five, ten thousand years, something like that.



    MATT: Well, I don’t know if those numbers are accurate, but there’s a recent story how the podcast industry is oversaturated which I would probably agree with because now everyone and their pets have a podcast.When we started doing it, I mean, we weren’t—



    NASIR: It was novel at the time, but now it’s like everyone has a podcast.You know, we still get a lot of listeners, so why not?



    MATT: Yeah, sure.That’s the thing. The market’s over-saturated, but there’s not a lot of podcasts – not in our category, I guess you could say. You know, not everyone is as charismatic as you and I are.



    NASIR: Ah, yeah.Unlike other attorneys, we actually have lives and want to do something else other than write contracts and review contracts all day. Maybe that’s what it is. But we enjoy our work, so that’s why, I think.



    MATT: Yeah, no complaints.



    NASIR: Well, anyway, today is a tough topic because it’s a little kind of technical, so I don’t want to make it too dry. But, at the same time, it’s pretty relevant to so many of our clients in the sense that this is a pretty prominent issue, and that is raising capital for your company – whether you’re an early startup or really well into your road – what are your options out there and talking about what’s going on with crowdfunding and kind of give it a quick update in that regard as well.



    MATT: Sure.Like you said, it can get pretty complex, pretty technical, so what we’re going to do – and I’ll start off with a recent story.



    NASIR: Should we just start out by reading the statute? Regulation 506(b) says…



    MATT: Now, I’m pretty sure, I’m going to say wit pretty strong confidence, there’s no podcast that does that, but I guess I could be wrong.



    NASIR: We could be the first.



    MATT: There’s a story – by the time this comes out, there might be an update, they’re just kind of waiting – there hasn’t been anything recent in at least about a month or so since we’re recording right now, but the story I’m talking about – and maybe the listeners saw it – I’ll try to summarize it here.It was a fairly young woman that was driving at night in Philadelphia. Car ran out of gas. She didn’t have any way to get gas, and no Triple A or anything like that. A homeless man happened to be around. He had only $20.00 to his name. He offered to give it to her. She was able to buy gas and get home. Really nice gesture.What ensues from there is what gets interesting.This woman Kate McClure and her boyfriend Mark D’Amico started a GoFundMe page to try to raise – at the time - $10,000 for this good Samaritan that gave his last dollars to this woman that was stranded on the highway. They started the page. The goal was $10,000. It got all the way up to over $400,000. They stopped it at that point just because it was just getting out of control.For those of you that are not familiar with how GoFundMe works, anyone can donate money an

    • 27 min
    Pirates, Pilots, and Passwords: Flight Sim Labs Navigates Legal Issues (w/ Marc Hoag as Guest) [e297]

    Pirates, Pilots, and Passwords: Flight Sim Labs Navigates Legal Issues (w/ Marc Hoag as Guest) [e297]

    Flight Sim Labs, a software add-on creator for flight simulators, stepped into a PR disaster and possibly some substantial legal issues when it allegedly included a Trojan horse of sorts as malware to combat pirating of its $100 Airbus A320 software. The hidden test.exe file triggered anti-virus software for good reason as it was actually a tool that could steal passwords stored through Google Chrome. Flight Sim Labs had to later explain once they were outed by a user on Reddit that the tool was only targeting those who stole the software.



    In this episode, Nasir and Matt are joined by good friend, entrepreneur, attorney, and podcaster, Marc Hoag. We discuss the legal issues surrounding this mess of a situation created by what seems an overzealous developer / development team, including hacking, malware, terms and conditions of Reddit, defamation and libel, DRM and anti-piracy, and copyright infringement.



    Credit to MeowCaptain who brought this to our attention outside of the /r/flightsim subreddit with his video summary.

    Full Podcast Transcript



    NASIR: Welcome to our podcast!My name is Nasir Pasha.



    MATT: And I’m Matt Staub.Two attorneys here with Pasha Law – practicing in California, Texas, New York, and Illinois.



    NASIR: And this is where we cover business in the news and add our legal twist to that news. Legally Sound Smart Business. It’s been a little bit of time here – almost a couple of months – but, today, I think we have a pretty nice story about flight simulators, and aviation, and software, and piracy – the kind where you steal software. Plus, we have a guest. Right, Matt?



    MATT: Yeah. As you said, there’s a lot of things in play here, so I think we needed to find a guest who could hit all the checkmarks on this, and I think we found one – at least in my opinion.



    MARC: Hoag – licensed attorney, aviation fanatic, podcast host, business owner. I think we’ve hit everything we can here, right?



    NASIR: Startup founder, yeah. You’re right. It’s across the board.Welcome to the show,



    MARC:!



    MARC:: Thanks very much for having me, guys! Great to be here!



    NASIR: Now, there’s only two hosts of the show. I know you’re a perfect candidate to take over our podcast but, you know, there are no openings, but I do appreciate you as a guest.We were talking to him earlier. We asked him if he’s an aviation hobbyist. He said, “Fanatic.” You were saying your wife picks out planes and their model numbers? What were you saying?



    MARC:: No, I think it’s contagious. We actually recognize flights. We’re up here just north of San Francisco. All the Europe and Middle Eastern flights out of SFO end up arching right over our house here as they head on their way, northeast, out of the bay. Yeah, we actually recognize flight routing and numbers and just call them out just because we’re super weird that way and, yeah, it’s just kind of neat. You see a thing and you know, in eight hours, ten hours, fifteen hours, it’s going to be somewhere else.



    NASIR: Yeah, that’s really weird. But, anyway, perfect guest.Let me give you some background of the story we’re getting. It is one of those stories where it’s kind of hard to follow but lots of legal issues which is fun for us to cover, of course.We have this company called Flight Sim Labs. They basically create add-ons for popular flight simulators. The one I’m familiar with that’s been around forever is Microsoft Flight Simulator – great name, very descriptive. From my understanding – Mark, correct me if I’m wrong – Flight Simulator by Microsoft is pretty much the main software that everyone uses for both hobbyists and even people that want to train to be a pilot, right?



    MARC:: Well, kind of. It is still true. It’s alive and well in the after-market community.Microsoft, as you might know,

    • 34 min
    Facebook, Zuckerberg, and the Data Privacy Dilemma [e296]

    Facebook, Zuckerberg, and the Data Privacy Dilemma [e296]

    Attorneys Matt Staub and Nasir Pasha examine Mark Zuckerberg's congressional hearings about the state of Facebook. The two also discuss Cambridge Analytica and the series of events that led to the congressional hearings, the former and current versions of Facebook's Terms of Service, and how businesses should be handling data privacy.

    Full Podcast Transcript



    NASIR: Welcome to our podcast!

    My name is Nasir Pasha.



    MATT: And I’m Matt Staub. We’re two attorneys with Pasha Law, practicing in California, Texas, New York, and Illinois.



    NASIR: And this is where we cover business in the news with our legal twist.

    Today, we’re covering – well, I mean, this has been a pretty big news week when it came to terms of service. I think, Matt, you put it well. What did you say to me? This was like the… I’ve just got to pull that message up.



    MATT: Yeah, I’m trying to think. It was something along the effects of “this is the most riveting terms of service discussion I’ve ever seen” or something.



    NASIR: And it was!

    What he was referring to, of course, was Mark Zuckerberg appeared before both the Senate and the House. I can’t remember which committee. He basically put himself in front of congressmen to ask him a bunch of questions.

    I’m sure everyone heard about it. There was a lot of interesting angles that everyone kind of took. You know, people were really focusing on how the congressmen didn’t know what Facebook was really and it was shown by how they asked the questions and so forth.

    I think, for our purposes, we’re really focusing on this privacy policy, the terms of service, and how that relates to actual businesses that also run online businesses – whether it’s a social media site or something else.



    MATT: Right. I mean, any online site should have terms of service and a privacy policy, too. They’re required to in some states. But, yeah, terms of service can make or break a lot of online companies and I don’t have any numbers. They probably don’t even exist, but I’m very curious on what percentage of companies even put a lot of thought into their terms of service.

    Real quick, let’s rewind or let’s explain how we got here and how Facebook got here.

    Basically, this is an issue with how Facebook handles personal data of users. What happened was Facebook – I’m sure many listeners have heard – Facebook allowed a third-party developer to access the data of roughly 87 million people, then they turned around and sold it to Cambridge Analytica, a voter profiling company. It then was used by the Trump party and presumably winning the 2016 election. I think that aspect of it is what have gotten people really upset about this. Obviously, they’d be upset otherwise, but that last component of it with the Trump presumably winning the election because of this company collecting the data or getting access to the data, I think that’s a big reason why this is such a hot topic right now.



    NASIR: Yeah, I would assume, if the results were a little bit different – who knows? Perhaps there may have been a little bit of a different pushback.

    You summed it up pretty well, and I think that’s how everyone is kind of presenting it, too. But I really feel it’s not a fair characterization of what exactly happened.



    MATT: I think one critical piece – specifically to Zuckerberg being there – was he wasn’t subpoenaed to be there.



    NASIR: Yeah, it was voluntary.



    MATT: I believe he wasn’t under oath either. He could leave. I mean, he was there for how many hours? It was over two days, right? Was it ten hours total or something? But he could leave any time he wanted, and I think this is more of a PR thing for Facebook more than anything else because there’s no legal requirement for him to be there and say these things.



    NASIR: I wouldn’t be surprised if he didn’t volu

    • 34 min

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