Is That Even Legal?: Recent Episodes

Attorney Robert Sewell

The law impacts almost everything we do, several times a day. Sometimes we break the law and don't even know it! Attorney Bob Sewell explores what is legal in today's society by asking experts the age old question - Is That Even Legal? And getting the answers in plain language...while having a bit of fun.

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You can love your family and still leave them a legal mess. We sit down with attorney Eileen Spangrud to talk about the most common reason people avoid estate planning: it feels like inviting death into your calendar. Then we flip the frame. A will is not a superstition, it is a practical way to protect your spouse, your kids, and your future self with one clear set of instructions.

We walk through how a straightforward will process works, including the kind of questionnaire that helps you list assets, name beneficiaries, and choose an executor. From rare collections to charitable gifts, we explain what you can control and what happens when you do nothing and let intestate succession laws step in. The surprises are real, especially for second marriages and blended families, where “the state’s plan” can force outcomes you never would have chosen.

Then we get into the traps that cause the biggest probate fights: outdated documents, DIY and holographic wills, and beneficiary designations that do not match your will. We also zoom out to the rest of a complete estate plan: financial power of attorney, healthcare power of attorney, a living will, and an advance directive so your loved ones are not left guessing about money or medical choices at the worst possible time.

If you found this helpful, subscribe, share it with someone who keeps saying “I’ll do it later,” and leave a review so more people can find practical estate planning guidance.

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Business bankruptcies are rising, and it’s not just the big names making headlines. We’re seeing small businesses get squeezed by higher borrowing costs, inflation-driven expenses, and customers who simply aren’t spending the way they used to. When cash gets tight, owners often feel forced into quick-fix financing like merchant cash advances, and that can turn a temporary slowdown into crushing monthly debt service.

We sit down with JoAnn Falgout, an experienced bankruptcy attorney, to walk through what actually happens when a business considers bankruptcy and why the answer is often more nuanced than “close the doors.” We talk about personal guarantees and the hard truth that many owners have signed onto business debt with their own credit, their home equity, and their future on the line. JoAnn explains why draining a 401k or IRA to save the company can be a tragic mistake, since retirement accounts are often exempt in bankruptcy, and why early pre-bankruptcy planning can prevent avoidable problems like preferential transfers.

We also dig into Subchapter V Chapter 11, a streamlined reorganization option built for small businesses, including what makes it cheaper, faster, and more realistic than a traditional Chapter 11 for many mom-and-pop operations. Along the way, we compare Chapter 7 liquidation, Chapter 13 repayment plans, and Chapter 11 reorganization, plus what “exemptions” mean in real life for everyday assets.

If you’re a business owner, creditor, or just trying to understand small business bankruptcy and debt restructuring, this conversation gives you a clear framework for choosing next steps. Subscribe, share this with a business owner who needs it, and leave us a review.

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A beach looks simple until you ask one question that changes everything: where does private property end and public access begin? We sit down with Mark Massara, a “surf lawyer” who has spent decades inside California coastal law, land use fights, and environmental regulation. From the public trust doctrine to the mean high tide line, we break down why the shoreline is treated as a shared space and why attempts to rope off sand can trigger fast enforcement from the California Coastal Commission.

Then we get into the hard part: climate change, sea level rise, and coastal erosion are moving the coastline in real time. We talk about shoreline armoring and seawalls, why they can protect a home while sacrificing the public beach, and how the Coastal Act tries to balance private expectations with long-term coastal resilience. If you’ve ever wondered why “just build a wall” is not a clean fix, this conversation makes the tradeoffs brutally clear.

We also bring it back to the water. What happens when surfers collide, a board gets away, or someone ignores lineup priority? We walk through surfing liability under negligence principles and the four core rules of surf etiquette that keep people safe. Finally, Mark shares the conservation shift he’s seen up close, including why removing kelp wrack can hurt shorebirds and how groups like Surfrider Foundation and Save The Waves protect both beach access and coastal ecosystems. If you care about surfing, ocean conservation, or California beach access rights, subscribe, share this with a beach friend, and leave a review.

Be sure to take a look at these organizations mentioned in the episode.

Save the Waves- https://www.savethewaves.org/

Surfrider Foundation- https://www.surfrider.org/

Operation Surf- https://operationsurf.org/

Me Water Foundation - https://www.mewaterfoundation.org/

Waves of Impact- https://www.wavesofimpact.com/

Surfers Healing - https://www.surfershealing.org/

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Arizona’s housing growth just ran into a question that’s bigger than any one subdivision: who gets to change the rules for water, and how? We sit down with Phoenix water law attorney Michele Van Quatham to unpack a trial court ruling in Home Builders Association of Central Arizona v. Arizona Department of Water Resources, a case that turns on the 100-year assured water supply program and the power of agencies to shift policy without formal rulemaking.

We walk through how a developer typically qualifies for a 100-year water certificate in the Phoenix Active Management Area, including the groundwater “physical availability” analysis, hydrology studies tied to specific wells, and the 1,000-foot depth-to-water standard. Then we dig into the conflict sparked by the new Phoenix AMA groundwater model and the resulting pause on new determinations. The key legal issue is administrative procedure: the court finds that expanding the “affected area” to the full regional model functions like a new rule of general applicability, which requires public notice and the Arizona rulemaking process.

From there, we connect the courtroom fight to real-world water policy and planning. We discuss a second lawsuit challenging a program that effectively demands 125% to 133% of water supplies, the limits of Colorado River and Central Arizona Project water for replenishment, and why “new water” quickly becomes expensive. Finally, we explore practical paths forward, from advanced water reuse and direct potable reuse to desalination concepts and the complicated water footprint of data centers once energy and cooling are counted. If this conversation helped you see Arizona groundwater management in a new light, subscribe, share the episode, and leave a review.

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ChatGPT can draft a motion in seconds, but what happens when the motion is polished nonsense and a real person signs it? We bring on Eran Kahana, a practicing attorney and Stanford Law School research fellow, to unpack a lawsuit that claims OpenAI caused harm by enabling AI generated court filings and effectively “doing law.” The story starts with a settlement, a case of buyer’s regret, and a flood of ChatGPT fueled motions that leave courts and opposing parties paying the price.

From there, we dig into the heart of legal AI ethics: hallucinated case citations, confident sounding errors, and why “it passed the bar” marketing can create dangerous expectations for everyday users. Eran makes the case that the better frame is often product liability, not unauthorized practice of law, because foundation model developers knowingly ship tools that can fabricate authority while still sounding right. We also talk about the practical reality inside law firms, where AI can save time when used for brainstorming, but can create real exposure when lawyers treat it like a research engine.

We close with the consequences and the future: Rule 11 sanctions, professional discipline, looming malpractice claims, and whether malpractice insurance even covers “delegating judgment to a machine.” Then we zoom out to AI governance and guardrails, including the idea of jurisdiction aware restrictions and stronger refusal modes for legal conclusions. If you care about legal tech, generative AI, and the future of legal practice, hit subscribe, share this with a lawyer friend, and leave a review so more people can find the show.

Although AI is not ready for the courtroom now, Eran says just wait. We won't even recognize "justice" a decade from now.

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Arizona changed the rules of the legal game, and most people have no idea it happened. When the state allowed alternative business structures, it opened the door for non-lawyers and private equity to have ownership stakes in law firms and to share in fees, a shift that sounds like “access to justice” on paper but can reshape incentives in the real world.

We sit down with Nate Preston, managing attorney at Warnock MacKinlay Law in Scottsdale, to unpack what we’re seeing on the ground in personal injury law. We talk about the billboard boom, why “volume” settlement practices can quietly drag down what injury victims take home, and how insurance companies use reputation and data to decide which firms get serious offers. If a firm rarely litigates, adjusters know it, and that can change everything from the first demand to the final number.

Nate also shares concrete stories that show how much money can be left on the table when a lawyer rushes a case: evaluating ongoing pain, timing medical treatment, and digging into underinsured motorist coverage and household policies can turn a small settlement into a life-changing recovery. We also shift to emerging accident trends, including e-bike and e-scooter injuries, sidewalk defect claims against cities with strict 180-day deadlines, and what driverless cars and accident avoidance systems mean for evidence, discovery, and fault arguments.

If you want a clearer way to choose a personal injury lawyer in Arizona and avoid getting sold by marketing instead of skill, hit play. Subscribe, share this with someone who needs it, and leave us a review so more people can find the show.

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A quiet neighborhood, and a pack of teens flying past on throttles—what looks like summer freedom is colliding with a fast-changing legal reality. We unpack the e-bike surge with criminal defense attorney Russ Richelsoph, cutting through confusion about what’s truly an e-bike, what’s an electric motorcycle, and how cities are drawing lines on speed, sidewalks, and rider age. If you’ve wondered whether that “bike” needs a license, plates, or insurance, or why hospitals are seeing daily injuries from these crashes, this conversation lays out the stakes with clarity and real-world examples.

We break down the three-class system many states use—Class 1 and 2 capped at 20 mph, Class 3 at 28 mph—and explain why machines like Surron-style electrics are often not e-bikes under Arizona law. Rust walks us through where kids can legally ride, from sidewalk rules that change by city to local helmet mandates for minors. We also talk enforcement: officers checking factory class stickers, issuing citations, and even impounding unlawful bikes. The safety angle is stark—20 mph is advanced cycling speed, especially for distracted teens sharing narrow sidewalks with pedestrians and driveways with turning cars.

For parents, the hidden risk is civil liability. If a child injures someone, attorneys may target the adult who bought the machine, arguing negligent entrustment. We outline practical steps to reduce danger and exposure: verify the bike’s legal class and top speed, learn your city’s code, require helmets and lights, teach right-way riding and stopping, and call your insurance agent to confirm coverage under homeowners, renters, auto, or umbrella policies. Smart boundaries and the right gear keep the ride fun, safe, and firmly on the right side of the law.

If this helped you navigate the e-bike maze, subscribe, leave a review, and share the episode with a friend who’s shopping for a “bike” that might be a motorcycle. What rules does your city enforce, and do you think teens should need training before riding? We’d love to hear your take.

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A forged deed, a ticking clock, and a court that says the fix belongs to lawmakers—this conversation goes deep into how Arizona’s property laws shape real lives. We walk through Dominguez v. Dominguez, where a recorded deed alleged to be forged collided with a five‑year statute tied to property tax payments. The result is unsettling: an elderly homeowner can lose title if fraud isn’t challenged in time. The concurrence even warns that this reading could become a blueprint for deed thieves. We unpack why the justices still chose restraint, applying the statute as written and pointing the finger at the legislature to close the gap.

Then we pivot to Aroca v. Tang Investment, where the court extinguished a deed of trust after the limitations period on the underlying debt expired, rejecting the idea that liens can linger forever. If a lender sleeps on its rights, the lien goes too. That may sting in post‑crash scenarios and for second liens, but it brings certainty to chains of title and aligns with broader policy around timely enforcement. Together, these cases show a consistent philosophy: courts interpret law; lawmakers set policy. If the rules enable deed fraud or crush lenders, the remedy is legislative.

We share practical steps you can take now. Homeowners and families can set up county title alerts, keep tight control of original documents, watch tax bills, and get counsel at the first hint of title activity. Lenders can audit dormant notes, calendar deadlines, and streamline enforcement so claims don’t die on the vine. And for those who want change, the path is civic, not judicial: advocate for a discovery‑rule fix to forged deeds, stronger notary standards, and better recording notice.

If you care about protecting homes, cleaning up title, and keeping courts in their lane, this one’s for you. Subscribe, share with someone who owns property in Arizona, and leave a review telling us which outcome you’d change and why.

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A viral kiss cam, a CEO resignation, and a very public reminder: office romance isn’t rare - and it’s not harmless when power, pay, and promotions are on the line. We dive into the real legal and cultural risks with employment attorney David Weisman, separating sensational headlines from practical steps every company can take today.

We walk through why the riskiest relationships are supervisor–subordinate pairings, how undisclosed romances turn into conflicts of interest, and why “consensual” can change the moment a breakup happens. From the McDonald’s and retail leadership cases to everyday teams in hospitals and service industries, we unpack how favoritism—real or perceived—triggers complaints, erodes morale, and pushes good people out. David explains the role of a clear fraternization policy, what a consensual relationship agreement (aka love contract) actually does, and the nonnegotiable move to end reporting relationships when dating occurs.

Policy without practice is a liability. That’s why we dig into scenario-based training that sets boundaries employees can remember: one respectful ask, no means no, and never across power lines. We cover documentation, graduated discipline, and fast, fair investigations that protect people and the business. If you lead a team, work in HR, or just want a healthier workplace, you’ll leave with a playbook to handle relationships transparently, reduce risk, and keep trust intact.

If this conversation helped you, follow the show, share it with your team, and leave a quick review so more listeners can find it. Got a thorny workplace question you want us to tackle next? Send it to producer at evenlegal.com.

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A cousin-to-cousin loan sounds simple—until the judgment crosses an ocean. We walk through a striking case where a Nigerian court entered a money judgment and an Arizona court recognized it, revealing how comity, reciprocity, and due process shape whether foreign creditors can collect in the United States. With commercial litigator Marshall Hunt, we unpack the Uniform Foreign Country Money Judgments Recognition Act, Arizona’s added reciprocity requirement, and the practical tests courts use to decide if a foreign judgment deserves respect.

We break down what “due process” really means in cross-border disputes: proper notice, a real chance to respond, and a court with legitimate authority over the parties. You’ll hear how service by email can satisfy legal standards, how personal jurisdiction turns on purposeful contacts and the place of the transaction, and why judgments for taxes, penalties, or family matters usually won’t be recognized. Along the way, we compare U.S. and Nigerian procedures, highlight why Arizona diverges from the modern trend, and show how Rule 44.1 lets courts consider expert affidavits to understand foreign law.

For founders, in-house counsel, and dealmakers, the stakes are real. Recognition rules influence contract drafting, venue and governing law clauses, and enforcement strategy when deals go south. Respecting competent foreign judgments saves time, reduces costs, and avoids conflicting rulings, while reciprocity helps U.S. businesses receive fair treatment abroad. If you move money, goods, or services across borders, this conversation gives you the tools to plan smarter: document contacts, choose enforceable forums, define service methods, and know the defenses that actually work.

Enjoyed the conversation? Follow the show, share it with a colleague who handles international deals, and leave a quick review to help others find us. Your questions and stories power future episodes—send them our way and join the dialogue.

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The law doesn’t care how romantic your story is—creditors, community property rules, and default statutes move the same way whether you’re a billionaire songwriter or a hometown athlete. We dig into the real purpose of a prenup: not to plan a breakup, but to build a clear financial framework that protects income, isolates debt, and keeps your estate plan from turning into a family brawl. Using the Swift–Kelce engagement as a timely lens, we translate headline drama into practical guidance anyone can use.

We walk through the biggest misconceptions first. In many states, money earned after the wedding becomes community property, even if it lands in an account titled to one spouse. That means one partner’s creditors can reach the other partner’s earnings or bonuses without a single misstep at home. A well-crafted prenup flips those defaults, designating income as separate, walling off business liabilities, and preventing “community liens” from quietly forming on premarital assets like homes, companies, and royalties. We also map the clauses that matter most: property characterization, income rules, debt allocation, spousal support options, disclosure and counsel requirements, and dispute resolution that keeps fights out of court.

Estate planning gets a spotlight too. Clear property definitions reduce probate and trust litigation, especially for blended families balancing care for a spouse with inheritances for children. We share cautionary tales—from invalid napkin contracts to celebrity payouts—and explain why DIY templates and last-minute signatures invite disaster. If you own a business, bring a home into marriage, have kids from a prior relationship, or carry complex debts, this is your playbook for protecting love from legal fallout. Subscribe, share this episode with a friend who’s engaged, and leave a quick review to help more people find practical legal insight without the jargon.

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Behind the wheel of every commercial truck is a driver navigating not just America's highways, but a complex maze of regulations that would fill an entire office if printed. Attorney Zac Hargis pulls back the curtain on the unseen challenges facing the transportation industry in this eye-opening conversation about truck drivers' daily regulatory battles.

From the moment they start their day with federally mandated pre-trip inspections to managing electronic logging devices while safely operating vehicles weighing up to 80,000 pounds, truckers face scrutiny at every turn. A single traffic stop can trigger citations at local, state, and federal levels, potentially resulting in fines exceeding $10,000 – enough to devastate a small trucking operation. Meanwhile, these professionals must contend with aggressive passenger vehicles, blind spots that can hide entire cars, and the physics that make it impossible for them to stop as quickly as smaller vehicles expect.

The conversation explores everything from cross-border transportation challenges to the reality that truck drivers face medical scrutiny similar to airline pilots. Sleep apnea, diabetes, and other health conditions aren't just personal matters for truckers – they're regulatory concerns that can impact their livelihood. Hargis also addresses the isolation of life on the road and how truck stops have become unfairly stigmatized despite facing "no more illegal activity than their fair share."

Perhaps most importantly, this episode reminds us of the essential service these road warriors provide. "I've got food on my table because of a truck driver. I've got this shirt on my back because of a truck driver," Hargis notes, emphasizing that most drivers take immense pride in their work despite the sacrifices it demands. Next time you're tempted to cut off a semi or become impatient behind one climbing a hill, remember – they're not trying to slow you down; they're doing their best to keep America running while navigating an almost insurmountable regulatory environment.

Listen now to gain a new perspective on the trucks and drivers that make modern life possible, and learn how specialized legal services are helping these professionals stay on the road.

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When Taylor Barlow decided to take on a pro bono asylum case, he never imagined it would become the most emotionally significant work of his legal career. His client's story reads like a political thriller – a peaceful activist from Togo who organized an 800,000-person march against a dictatorial regime, only to face years of brutal retaliation including kidnappings, beatings, and torture.

After military police broke into his home, beating him and his young son unconscious, this father of two made the heartbreaking choice to leave his family behind and flee for his life. What followed was a harrowing two-month journey through South and Central America, including the notoriously deadly Darién Gap jungle crossing, where "one in three migrants die." Twice kidnapped in Mexico before finally reaching the U.S. border, he was immediately detained and placed in removal proceedings.

This episode takes listeners deep into the complex, often misunderstood asylum process. We witness Barlow's fight against nearly impossible odds – a 90-minute hearing (reduced from four hours) to present a decade of persecution, technical legal barriers because his client crossed without an appointment, and the gut-wrenching realization that even proving all elements of asylum might not be enough as "asylum is completely discretionary."

The emotional climax comes when Barlow's rarely successful motion for reconsideration is granted, securing his client's freedom and future. Beyond the legal victory, we glimpse the profound human impact as this new asylee sends his attorney a poignant photo of himself standing beneath an American flag on July 4th – a man who nearly died for the freedom to protest now finding refuge in a nation founded on that very principle.

What makes this story so compelling is how it puts a human face on asylum policy while showcasing the life-changing impact of pro bono legal work. As Barlow reflects, "This mattered to this guy and it mattered to his wife and to his little kids... I saw myself and I saw my kids in him and his kids."

Have you ever wondered what rights we take for granted? Listen now and consider what price others pay for freedoms we exercise daily without a second thought.

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What happens when someone dies with cryptocurrency assets but no one can find the keys? Is cryptocurrency just a modern version of the "wooden nickel" scam? How are sophisticated criminals using digital currency to pull off multi-million dollar heists—and why is 2025 shaping up to be the most dangerous year yet for crypto investors?

Former federal prosecutor Seth Goertz pulls back the curtain on the mysterious world of cryptocurrency, offering rare insights from his extensive experience investigating financial fraud and cybercrimes. This fascinating conversation takes us from the practical headaches facing probate attorneys dealing with crypto assets to the sophisticated "pig butchering" schemes that have become one of the FBI's most concerning fraud trends.

And the stakes have never been higher. With over $2.17 billion stolen from cryptocurrency services in just the first half of 2025, this year has already surpassed the total losses of 2024. The DPRK’s $1.5 billion hack of ByBit—the largest in crypto history—has sent shockwaves through the industry. Meanwhile, personal wallet compromises now account for nearly a quarter of all stolen funds, and violent “wrench attacks” are on the rise, often timed with Bitcoin price surges.

Gertz explains the fundamental tension at the heart of cryptocurrency: created as "a civil libertarian dream scenario" to exist outside traditional finance, crypto enthusiasts now want integration with mainstream financial systems—but without the full regulatory burden. The result is a confusing landscape where stablecoins present themselves as safe investments while lacking the protections of traditional banking.

You’ll learn why cryptocurrency provides “an exponential ability to obfuscate funds,” making it the preferred tool for global money laundering, how the new Genius Act attempts to regulate stablecoins, and why these efforts may be mere “half measures.” We also explore how laundering behavior is evolving, with criminals now leaving billions in stolen crypto on-chain, and how regional trends are shaping the global threat landscape.

Whether you're curious about blockchain technology, considering a crypto investment, or simply want to understand the legal implications of this rapidly evolving field, this episode provides essential context from someone who's seen the industry from all angles. Subscribe now, share with friends considering crypto investments, and let us know your thoughts about the future of digital currency regulation.

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What happens when the government decides it needs your land? Does the Constitution really allow officials to seize your family home, farm, or business property against your will? The answer might disturb you.

Attorney Clint Schumacher, a leading eminent domain expert, joins us to unravel the complex world where constitutional rights, property ownership, and government power collide. Schumacher pulls back the curtain on a legal process that affects countless Americans but remains widely misunderstood.

We explore the landmark Kelo v. City of New London case that dramatically expanded government's ability to take private property, allowing cities to seize homes for economic development rather than traditional public uses like roads or schools. This controversial Supreme Court decision sparked nationwide outrage and legislative reforms, yet many property owners remain vulnerable.

The conversation takes a deeply human turn as Schumacher describes families losing properties held for generations – land that forms part of their identity, not just their assets. We examine the Henry family farm in New Jersey, owned by the same family for 175 years, now threatened by condemnation for affordable housing. This poignant example highlights how even worthy public goals create profound private sacrifices.

We also demystify the compensation process, revealing the often significant gap between government appraisals and true property value. Schumacher explains why property owners frequently feel shortchanged even when receiving "just compensation," especially when forced to pay their own legal fees from their settlement amounts.

Whether you're a property owner concerned about your rights - even His Eminence...the POPE ---His CHILDHOOD HOME was subject to eminent domain - or simply want to understand this fascinating intersection of law, economics, and human dignity, this episode provides crucial insights into a power that Schumacher calls "a necessary evil." Despite its importance for infrastructure development, nothing government does to innocent citizens feels more invasive than taking their property against their will.

Have questions about your legal rights? Contact us at producer@evenlegal.com. And while we sound smart and lovable, remember: we're not your lawyers, and this isn't legal advice!

Our Guest: Clint Schumacher

Clint Schumacher focuses his litigation practice on eminent domain and government taking litigation. Clint has represented property owners of all sizes that are being impacted by public projects. Before joining his present firm, Dawson & Sodd, Clint represented regional toll authorities and mass-transit authorities in some of the largest projects in north Texas. Clint’s dedication to excellence has led to him receiving the designation of Counselor of Real Estate, as well as that of Texas Super Lawyer in Eminent Domain by Texas Lawyer magazine in 2014-25. He has also been recognized by D Magazine as one of the top lawyers in Dallas. In 2021, Clint released a book on resiliency called Second Wind: Decisions the Resilient Make to Overcome Adversity. Clint is married to his college sweetheart, Jennifer, and they have three boys. Clint is also a dedicated football coach, having coached at Trinity Christian Academy (2016–2025) and Dallas Bills (2009-2017). He is a member of the Texas State High School Coaches Association and the American Football Coaches Association.

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Could you lose $400,000 to a sophisticated email scam? Join us as we uncover the alarming rise of wire fraud in the real estate industry with Angelica Dobler, an experienced litigation and appellate attorney specializing in real estate litigation. Angelica shares a distressing case where a buyer fell victim to a sophisticated scam that led to a massive financial loss. With FBI statistics pointing to a significant surge in these types of crimes, we discuss how scammers spoof email addresses and exploit the quick pace of real estate transactions to deceive unsuspecting buyers and sellers. Learn why the real estate sector is particularly vulnerable and understand the critical need for heightened awareness and preventive measures to protect your investments.

Discover actionable best practices for preventing wire fraud from disrupting your real estate transactions. Angelica and I emphasize the importance of due diligence, secure verification methods, and face-to-face conversations. We also delve into the role of secure servers and consistent procedures in safeguarding against fraud. Additionally, we explore the potential for insurance coverage and the immediate steps victims should take to mitigate their losses, such as contacting their bank's fraud department and the FBI. This episode is packed with practical advice and insights that could save you from becoming the next victim of wire fraud. Tune in to protect your hard-earned money and ensure your real estate transactions are secure.

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Could your lack of estate planning be setting your loved ones up for a legal nightmare? Join us as we unravel the critical importance of having a robust estate plan, featuring insights from top asset protection attorney Ike Devji. Through the heart-wrenching story of Jay Leno and his wife, who suffers from dementia, we highlight the dire consequences of neglecting basic estate planning measures like revocable living trusts and powers of attorney. Our discussion sheds light on the emotional and financial turmoil Leno faced due to inadequate preparation, (he has since been granted conservatorship) emphasizing the essential steps high-net-worth individuals - and most everyone else - must take to safeguard their families in order to preserve wealth.

Do you know that the same types of principles impacting Leno's estate impact you too?
Dive into our hypothetical scenario of planning Jay Leno's estate, where we navigate the intricacies of ensuring that his final wishes are honored amid potential family disputes and diminished capacity. We stress the importance of rock-solid legal documentation, from healthcare directives to living wills, and reflect on how Leno's extraordinary career and unique car collection influence his estate planning decisions. Tune in to discover the pivotal steps that can protect your legacy and spare your loved ones from unnecessary legal challenges.

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Uncover the legal maze of adverse possession and residency issues with a spotlight on protecting your property. Bob delves into the distinctions between simply trespassing and taking up residence, stressing the urgency of quick action in tenant-friendly states. We also discuss the peculiar challenges snowbirds face upon returning to their Arizona homes, potentially occupied by squatters. Gain essential insights into preventive measures to safeguard your property during lengthy absences, offering valuable knowledge for both property owners and legal aficionados alike.

Curious about the fine line between squatting and trespassing? Discover the intricacies of squatting laws, featuring attorney Bob Sewell, as we humorously tackle Sarah Clifford's playful attempt to "claim" the sixth floor of our office. We dissect how squatting regulations vary across regions, including an intriguing look at a high-profile case involving Gordon Ramsay's London restaurant. Bob highlights the legal obstacles landlords encounter in Arizona, emphasizing the importance of navigating the court system and bypassing self-help measures to resolve these disputes effectively.

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Can TikTok's data practices be trusted, or are there deeper privacy risks lurking behind its addictive interface? Privacy expert K Royal joins us to dissect the critical question, “Is that even legal?” This episode uncovers the sophisticated algorithms driving TikTok's uncanny content personalization and the significant privacy risks entailed, such as potential keystroke logging and extensive data access. We compare TikTok's practices to other social media giants, exploring why these concerns have led to global governmental crackdowns and what it means for user privacy and data security.

We also tackle the contentious issue of banning TikTok in the United States, balancing national security concerns with First Amendment rights. This debate has vital implications for small businesses, artists, and influencers who depend on the platform. Could a comprehensive federal privacy law offer a better solution than an outright ban? Royal weighs in with her expert insights, underscoring the urgent need for robust legislative action to protect consumer privacy across all media companies. Listen in for an enlightening discussion that highlights the necessity for Congress to prioritize consumer data security in the digital age.

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What if the future of your career hinged on a single legal clause? Join us as we unpack the complexities of non-compete agreements with attorney Dave Williams, an authority on administrative law and non-compete clauses. Listen to an eye-opening real-world cases that underscore the complex balance between how these agreements can protect businesses and how they also can potentially stifle innovation and competition. With the Federal Trade Commission’s recent move to invalidate non-competes nationwide, affecting 30 million U.S. workers, we question what the long term impact will be on the long-standing balance between safeguarding business interests and fostering a competitive job market.

This episode dives deep into not just the legal ramifications but also the human impact of non-competes. We explore how these agreements can either protect or hinder workers, especially in smaller communities where job opportunities are limited. To navigate this shifting landscape, we discuss alternative measures like non-solicitation and non-disclosure agreements, which businesses might find more enforceable. Gain insights on how to strategically protect confidential information and prepare for the possible new FTC rules that could reshape employment contracts forever. Don’t miss this essential conversation that blends legal expertise with practical advice for business owners and employees alike.

Bob is fascinated by the balance between the need for regulation and the vast growth of the administrative state. We are also fascinated by just how much the political winds impact the law...even though we like to believe it is solid and hard to change. Look no further than the 88-year-old National Labor Relations Act, and the National Labor Relations Board (NLRB) which it created. It is now under fire at the Supreme Court.

A product of the New Deal, the NLRB has yet to face such a challenge in the modern era, but major companies like SpaceX, Starbucks, and Trader Joe's have marshaled a constitutional challenge to the legitimacy of its composition and enforcement activities, hoping to eventually find a sympathetic ear before the U.S. Supreme Court, currently controlled by a conservative majority.

These arguments range from challenges to the board's impartiality to issues concerning the separation of powers doctrine, given the inability to remove board members except “for cause,” to violations of due process and deprivation of the right to trial by jury under the Fifth and Seventh Amendments, respectively. And given the Biden NLRB's aggressive policy and enforcement prerogatives, these arguments have begun to become commonplace defenses against its actions.

John Balitis knows the NLRB. He knows what it is like to "walk in" and face an administrative investigation/prosecution/enforcement/judicial and appellate body...ALL IN ONE!

His prediction? Somehow the board...which impacts virtually every workplace...is likely going to be a different animal once the Supreme Court rules. How different? What does it mean for employers? Employees?

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THE SUPREME COURT WILL SOON DECIDE: If a social media censures you for your viewpoint - does that violate the First Amendment? If laws tell Social Media companies they must publish your viewpoint...is the company's First Amendment rights violated?We all say we want free speech. But if you own a private company can the government tell you what it can and cannot post? Are social media companies the public square...common carriers...or...private companies that can choose their own content?

That is the question before the Supreme Court. In this episode, Bob talks with Supreme Court scholar Eugene Volokh:

Facts of the case

The State of Texas enacted HB 20 to regulate large social media platforms, such as Facebook, X (formerly known as Twitter), and YouTube. The law purports to prohibit large social media platforms from censoring speech based on the viewpoint of the speaker.

NetChoice and the Computer & Communications Industry Association filed a lawsuit against the Attorney General of Texas, challenging two provisions of the law as unconstitutional: (1) Section 7, which prohibits viewpoint-based censorship of users’ posts, except for content that incites criminal activity or is unlawful. (2) Section 2, which requires platforms to disclose how they moderate and promote content, publish an "acceptable use policy," and maintain a complaint-and-appeal system for their users.

The district court issued a preliminary injunction, holding that Section 7 and Section 2 are facially unconstitutional. The court argued that social media platforms have some level of editorial discretion protected by the First Amendment, and HB 20 interferes with that discretion. On appeal, the U.S. Court of Appeals for the Fifth Circuit reversed, rejecting the idea that large corporations have a “freewheeling” First Amendment right to censor what people say. It reasoned that HB 20 does not regulate the platforms’ speech but protects other people’s speech and regulates the platforms’ conduct.

Question:

Do Texas HB 20’s provisions prohibiting social media platforms from censoring users’ content and imposing stringent disclosure requirements violate the First Amendment?

Our guest:Eugene Volokh teaches First Amendment law and a First Amendment amicus brief clinic at UCLA School of Law, where he has also often taught copyright law, criminal law, tort law, and a seminar on firearms regulation policy.

Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.

Volokh is the author of the textbooks The First Amendment and Related Statutes (6th ed. 2016), and Academic Legal Writing (5th ed. 2013), as well as over 90 law review articles. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a leading legal blog. His law review articles have been cited by opinions in eight Supreme Court cases and several hundred court opinions in total, as well as several thousand scholarly articles.

In Arizona, the 'Gilbert Goons' have grabbed headlines - sending fear and concern throughout a traditional suburban community - a case where teens are charged with violently attacking others.

When things like this occur, one of the overlooked aspects of the legal system is this: THE LIABILITY OF THE PARENTS.

The assets of the parents of the alleged assailants are often highly at risk. Is That Even Legal?

Meet Asset Protection guru Ike Devji. His clients have seven billion dollars under his guiding hand. In his interview with the incredible Bob Sewell, Here are some highlights:

From the moment you become a parent, your risk profile changes, and it is never too soon to consider asset protection.

Often, the children of affluent parents have access to choices and property that can elevate risk for their parents.

Parent's should always we aware of their insurance coverages, their business interests and risks and explore legal advice on how to protect their assets.

Your child may never cause an accident, join a group of "goons," or otherwise incur large financial risk for your household, but those who are prepared, preserve their wealth, says Ike.

The rules appear uneven. The outcomes seem almost random. But what happens when a doctor, a dentist, a nurse, etc., makes a mistake...or is negligent? Can they practice or do they go to jail? In this episode, you are going to hear some wild stories...

If you are a professional...what do you do? If you are a consumer, how do you protect yourself?

Bob explores the razor-thin line between human error and negligence in the healthcare industry with professional license lawyer and industry expert David Williams. We take you on a journey through the complexities of healthcare licensing, where the fate of professionals hinges on the decisions of regulatory bodies.

The contrast between an Arizona dentist who maintained his practice despite a history of complaints, and a Tennessee nurse facing severe penalties for a single mistake sets the table for our conversation.

We tackle the arduous process healthcare workers endure to obtain and retain their licenses, and the psychological warfare they face under the scrutinizing eyes of licensing boards. Our guests shed light on the self-corrective mechanisms within the industry, revealing the delicate balance between upholding patient safety and supporting the well-being of medical practitioners.

What do you do if you are a practitioner and you have a complaint? Make a mistake? How can consumers protect themselves, report mistakes?

Listen now.

No matter what side of the political spectrum you fall. And whether you think the former president should be on the 2024 ballot or not. Tomorrow's Supreme Court consideration of the Insurrection Clause is historic. We could not let it happen without taking a look.

In this interview, Bob interviews constitutional expert Ilya Somin, a professor at George Mason University. What follows is an engaging exploration into the 14th Amendment's insurrection clause and its potential repercussions for Donald Trump's political future. As the Supreme Court deliberates, we dissect the amendment's historical roots, established to curtail post-Civil War insurrectionists, and scrutinize its relevance in the wake of the January 6th Capitol siege. The conversation traverses the terrain of past rebellions and posits how the Capitol breach stands in comparison, offering an intricate understanding of the constitutional definitions at play. We take no side in this fight and the professor's views are his own.

Navigating the murky waters of what constitutes presidential support for an insurrection, we scrutinize Trump's actions on the fateful day, incljuding the implications of his response—or lack thereof—to the Capitol breach. The episode peels back the layers of constitutional ambiguity, addressing the complexities of determining engagement in insurrection, and how these gray areas resonate with our democracy's fundamental themes. Through Somin's expert (and, admittedly partisan) lens, we shine a light on the bearing this case could have, considering the unique dynamics of a former president and current political figurehead's eligibility for office.

Focusing on the electoral eligibility mechanisms, the dialogue turns to the influential role of Secretaries of State and the judiciary's part in protecting our electoral sanctity. Through historical references like the challenge to Ted Cruz's eligibility, we emphasize the importance of checks and balances within our legal system. The episode wraps with insights into the potential for the highest court to interpret both legal and factual findings, particularly in defining insurrection—and what it means to engage in it. For those drawn to the interplay of law and democracy, this episode is an invitation to witness a deep-dive into one of the most pressing legal debates of our time.

Covenant marriage recently made headlines when the new Speaker of the House took his position in Washington, D.C. He has one, and so the media tried to figure out just what it was.

They painted covenant marriage as quirky and as weird as they could make it, but the law’s roots are based in a good intention...try to stem the tide of divorces across the land.

"No-Fault" divorce laws are blamed by some for the dwindling permanence of what once was one of our most cherished relationships...the institution of marriage.

So, "covenant marriages," were invented in some states as a legal way to try to “help” couples stay together, with the state getting involved.

If you made marriage covenants, are you in a covenant marriage? Listen in to find out.

As with most laws Bob examines, there are lots of unintended consequences when the government tries to solve something through laws. Divorce law guru and law firm partner Melissa Benson makes her debut on the show to answer the questions. Covenant Marriage: Do you have one? Should you have one? What happens if it blows up?

When cities lets homeless camps spiral out of control...who are they serving? A constitutional scholar and law professor is suing big cities on the premise of nuisance laws...and he is winning. In one instance, his action cleared a massive
homeless encampment in Phoenix, known as "the zone."

Listen in as Bob spars with our special guest, constitutional expert and author, Ilan Wurman. We delve headfirst into the legal complexities and human disaster is homelessness and inadvertent implications of old court decisions.

Listen as we expose what the court found was a city's negligence in enforcing laws against public camping and sleeping, leading to the unfortunate living conditions of up to a thousand individuals, struggling with issues ranging from drugs and violence to human waste. Discover how public nuisance lawsuits are being used to address the crisis without adding to the criminalization of homelessness. We are reminded the pervasive role of addiction and mental illness in the homeless scenario.

Will we see nuisance lawsuits nationwide? Gain insights into this ripple effect and the fierce stance of organizations like the ACLU against the removal of homeless camps.

We discuss if it's high time for cities to prioritize the well-being of their residents over lawsuit fears. Spoiler alert, it is.

This is a cutting edge episode you don't want to miss.

It does not matter what your political position may be or how you vote. No matter your views, you probably feel that there is WAY TOO MUCH CORRUPTION - those who use taxpayer dollars to enrich themselves.

Is That EVEN LEGAL? Of course not. The question is, what can be done about it. Can the law curtail corruption?

In this episode, join Bob as we reach into the Mississippi Attorney General's race, where one candidate has made fighting public corruption a hallmark of her campaign. We don't endorse candidates, and we certainly offer equal time to Greta Martin's opponent, but Mississippi's high profile case involving the use (or misuse) of $90 million earmarked for needy families - YOUR TAX DOLLARS, was a good exhibit A of what corruption looks like.

Brace yourselves as we delve into a shocking tale of corruption that has rocked the state of Mississippi! It's a microcosm of corruption country-wide.

Imagine a system where the rule of law is upheld and those in power are held accountable? Is it a fantasy...or can Attorney Generals actually make it happen?

Give a listen as we venture into the thorny terrain of prosecution and jurisdiction in Mississippi, probing how concurrent jurisdiction could be employed to prosecute those implicated in this sordid saga. We ponder the potential of unearthing more crimes beyond the $77 million fraud and question why the state's political system has been allowed to operate seemingly unchecked for so long.

Related reading: https://apnews.com/article/mississippi-welfare-scandal-brett-favre-dd447fa50d4e67b963f59de42fe5dc3f

https://apnews.com/article/sports-legal-proceedings-scandals-brett-favre-mississippi-d0ae88cc6727fd74b4686fb09d9e7dcc

Join us in a deeper exploration as amazing New Mexico Estate Planning lawyer Stephanie Woods and I delve into the convoluted legalities surrounding the true story of Michael Oher, whose life journey inspired the Hollywood blockbuster, 'The Blind Side.' In this episode, we critically examine the peculiar conservatorship held by the Tuohys - his guardians, and the baffling circumstances surrounding his supposed "adoption." Recent developments have emerged post our recording, shedding more light on this complex tale.

The narrative takes a new turn as a Tennessee judge recently announced the termination of the conservatorship agreement between Michael Oher and the Memphis couple who had taken him in during his high school years. While this decision marks the end of the conservatorship established in 2004, it opens a Pandora's box of financial disputes which continue to linger. The heart of the matter lies in Oher's claims that the Tuohys had misrepresented the conservatorship as an adoption, leading him to believe in a familial bond that legally, never existed. Further, he alleges that this misrepresentation allowed the Tuohys to control his finances, using his name, image, and likeness for their enrichment.

Listen in as we navigate through the legal intricacies of conservatorships, adult adoptions, and the significant implications surrounding solid estate planning. Michael's case underscores the potential financial repercussions when such legal arrangements are not adequately addressed or understood. Despite the termination of the conservatorship, Michael's fight for a thorough accounting and rightful compensation of the finances earned off his name and story forges on, unraveling more questions on the ethical and legal aspects of conservatorships and adult adoptions.

Ever wondered what happens when a loved one passes away without a will and the repercussions it can have on a family? Join us as we shed light on the little-known term 'intestacy' and unravel the bitter dispute between the sons of music legend Aretha Franklin over her multi-million-dollar estate. Our esteemed host Bob Sewell, plays guest this time and the amazing David Williams is our host. Both are partners in the law firm of Davis Miles. Bob offers his legal expertise on the topic, giving us a firsthand account of how intestacy laws work and the role of the state government in such matters.

In the second part of our conversation, we explore the often-underestimated power of mediation in resolving family disputes. Bob shares his rich experiences as a mediator, enlightening us on how this often overlooked tool can be used to not only resolve disputes but also preserve treasured family relationships. We delve into the role of the mediator and why it's better to settle disputes rather than leaving the decision to a judge. Bob's gives a unique perspective on family disputes and how they can be managed while minimizing the emotional trauma they often inflict on relationships. Tune in, as we navigate the intertwining worlds of family, law, and money.

From the Society of Human Resource Management (SHRM):

"Gerald Groff, a former postal worker, sued the U.S. Postal Service (USPS) for failing to accommodate his religious practice. Groff is an evangelical Christian who observes a Sunday Sabbath, meaning he doesn't work on that day. USPS does not deliver mail on Sundays, but it does have a contract to deliver packages for Amazon that includes Sunday deliveries. USPS sought co-workers to voluntarily cover Groff's Sunday shifts, and it imposed progressive discipline for Groff's absences. Eventually, Groff resigned."

He lost his lawsuit twice, with lower courts ruling that the Postal Service accommodating Sunday off meant too much pain for his employer and co-workers. But the Supremes had a different take.

Wrote Justice Alito: ***"A hardship that is attributable to employee animosity to a particular religion, to religion in general, or to the very notion of accommodating religious practice, cannot be considered undue. Bias or hostility to a religious practice or accommodation cannot supply a defense,"

Got employees? Your bar for religious accommodation may have just gotten much higher.***

Step into the complex world of employment law with our guest, Jennifer Wasserman, an authority in the field, as we dissect landmark decisions and their profound implications on religious accommodation at workplaces. Ever wondered how the 1964 Civil Rights Act is interpreted when it comes to religious accommodation? You're in for the deets.

In this enlightening conversation, Jennifer and your loveable inimitable host Bob Sewell scrutinize the Supreme Court case of Groff v. United States Postal Service, uncovering the layers of legal expectations of employers. We also bring to light the influence of seniority systems in shift changes and the concept of 'reasonable accommodation.'

Is there a mental health crisis drowning the legal profession? Is there a higher level of depression, anxiety, alcoholism among those licensed to defend our laws and freedom than other areas of the population? If so, does it impact society as a whole?

And...what can be done?

Promising profound insights into this topic is our guest, Claire Parsons, an employment attorney and mental health expert. Claire weighs in on the intricate ways attorneys grapple with mental health issues, and the crucial role of self-care. With Claire's expertise, we navigate the powerful tools of mindfulness and compassion, revealing how they can bolster lawyers' capabilities and manage stress whilst dealing with challenging individuals.

The conversation takes an even more critical turn as we uncover the silent enemy of isolation and substance abuse that lurks behind many legal professionals' facades. The magnitude of these issues on an individual's mental health is substantial, emphasizing the pressing need for open conversations and support within the legal community and beyond. Because, as our listeners know...the law impacts everyone.

As advocates for mental wellness, we bring to you the Surgeon General's guidelines for workplace mental health, underlining the importance of a supportive work environment where employees feel safe to seek help. The power of social support in handling stress is undeniable, so listen and get involved in easing this challenge.

What if our daily interactions with AI could expose our deepest secrets? Imagine having a conversation with an artificial intelligence system that feels like you're talking to a real person. Join us, Bob Sewell and Mike Carey, as we explore the fascinating and sometimes frightening realm of AI and its potential effects on our privacy and security.

We'll also discuss the future of antitrust laws, monopolies, and maintaining fair competition in the marketplace. Plus, we'll touch on the mental health crisis in the legal profession and the urgent need for change. And don't miss our quest to find the surf law expert who can help us navigate the intriguing world of surf law in beach towns across the globe. Remember, we're not offering legal advice, but we're here to help you make sense of this complex world.

Ready to dive deep into the nitty-gritty, the good, the bad, and the downright stinky?

Join your favorite host Bob Sewell and civil litigation maestro, Marshall Hunt, as we take you on a wild journey through the unexpected and surprisingly compelling world of...you guessed it...dog poop!

In this episode, we're not just talking sh*t, we're discussing the real legal ramifications tied to those little brown 'presents' left behind by your favorite furry friends.

Can you sue your neighbor when his pet soils your lawn repeatedly? Can you be arrested for your pet's waste?

Together, we'll scoop up the facts about how Arizona is taking a firm stance against poo-littering pet parents. Don't know your obligations when your pooch poops? We've got you covered, as we 'doggie bag' all the need-to-know details, including the hefty fines that might be hiding in those not-so-secret deposits.

But it's not all bad news and 'dirty' talk; we're also digging into the exemptions for those with disabilities. We'll explore the responsibilities and rights of service animal owners in our canine-caring community.

Don't let the subject matter fool you - this isn't just a stinky situation, it's a fascinating exploration into the intersection of pets, law, and civic duties. So, leash up your curiosity, fetch your headphones, and let's get ready to roll in some seriously intriguing insights!

Grab your poop bags, folks! It's time to take a walk on the wild (and wonderfully woofy) side of pet law in Arizona. Hold your noses - it's going to be an informative, engaging, and surprisingly fun ride! So, sit back, relax, and get ready to get the 'scoop' on the legalities of dog poop. Trust us, this is one conversation you won't want to 'leave behind'!

This idea was provided by a subscriber! Thank you, N.J.!

*** Listeners please note…the show makes reference to a Supreme Court case involving a dog toy…that is labeled as dog poo…which prompted a trademark infringement lawsuit from Jack Daniel’s. (Give this show a listen…you’ll understand!!!) Our point was that this subject can get so weighty the nations highest court is not above dealing with it. We didn’t tackle the trademark law nuance, but if you’re interested…our friends at the Wilson Sonsini law firm have the goods here. The case was decided a couple of days after our recording. A bad verdict for the doo doo folks: https://info.wsgr.com/index.php/email/emailWebview?md_id=15013

Hey hey, AI...is this where privacy comes to die? There is more to these pixels...than meets the eye! Artificial intelligence maybe taking your privacy!

Last time Bob had Mike Carey on the show, he assured us that robots would not take over the law for at least five years. Now, chatGPT has taken the world by storm and virtually everyone has head of it...if not already used it. But when you ask it a question you may be exposing private data about yourself. And, AI likely already knows all about you anyway. Is That Even Legal? Lawmakers, scientists, and many others are very concerned about AI...but everyone also loves it! What's next?

Listen in as Bob and AI guru Mike talk about the present and possible future dangers of AI to your privacy. But first....here's a description of the show as written by a robot (in less than a minute --- the show 43 minutes long!):

In this podcast, the speakers discuss the issues related to AI privacy. They talk about how AI is being used in various industries to improve efficiency and productivity but also raise concerns about the privacy of data. They explain how AI algorithms work by analyzing large amounts of data, and if this data is not protected, it can be misused by cybercriminals.

The speakers also discuss the importance of AI privacy regulations and how governments are working to implement them. They talk about the European Union's General Data Protection Regulation (GDPR) and how it has set a standard for data privacy regulations worldwide. They also discuss the challenges of implementing such regulations and the need for collaboration between governments, businesses, and individuals to protect personal data.

Overall, the podcast emphasizes the importance of AI privacy and the need for individuals to be aware of their rights to privacy and take steps to protect their personal information.

When "Swifties went through the wringer to get tickets to Taylor Swift's "The Eras Tour," one among them was not about to "Shake it Off," when she saw what she thought was a potential pattern of fraudulent behavior and antitrust violations by Ticketmaster. That fan was attorney Jennifer Anne Kinder. Kinder is one Swifty who is now saying to the ticket-selling behemoth..."Look What You Made Me Do," launching lawsuits, websites and a social and traditional media campaign to #takedownticketmaster.

Bob, ever on the lookout for inadequate antitrust regulation or enforcement...and like all of us...LONGS for the days when concerts were affordable enough to enjoy frequently...asked Jennifer to join him to sort out the issues.

What started as a way to shut out scalpers, she says, has resulted in complete reduction in power for the average consumer in the live entertainment ecosystem.

And Kinder is not stopping with Swift fans...having also sued on behalf of fans of Beyonce. Look for more action on behalf of heavy metal, classical, EDM, & rap fans.

Sounds like some real “Vigilante Sh*t!” Listen In!

More articles:
Sorry, There's No Such Thing as a “Fair" Ticket Price in an Age of Income Inequality, Consequence of Sound, March 27, 2023.

Senate Judiciary Committee sends warning to Ticketmaster over Beyoncé tour tickets, The Hill, February 2, 2023.

Justice Dept. Is Said to Investigate Ticketmaster’s Parent Company, New York Times, January 24, 2023.

Live Nation subsidiaries got millions in aid meant for independent venues, Washington Post, May 22, 2022.

Live Nation, a company behind Astroworld, has a long history of safety violations, NPR, November 8, 2021.

U.S. and Plaintiff States V. Ticketmaster Entertainment Inc. and Live Nation, Inc., The United States Department of Justice, January 28, 2020.

Ticketmaster / Live Nation merger: Azoff and Rapino talk paperless ticketing, dynamic pricing, Ticket News, September 10, 2009. (Note: dynamic pricing was always the goal!)

Big Music vs. Fans and Artists, New York Times, February, 8, 2009.

According to Investopedia...which ranks and reviews a whole range of financial services and products, LegalShield was the top overall "online legal service," in the U.S. in 2022.

What is an online legal service and why does that matter?
Should you use one?
Recently LegalShield named a new CEO. Warren Schlichting is a veteran technology and media executive with experience at places such as Sling TV and Dish Network.

Bob wanted to meet Warren, learn more about his plans for LegalShield and talk about the future of legal services...and how this company fits in.

More and more, consumers and businesses are understanding that traditional legal service delivery models are not only outdated, but they don't serve a large portion of the public. How much does LegalShield address these issues?

Listen in!

There's a reason movies like Knives Out...and Glass Onion are so popular. Human nature never comes more to the surface then at the time of a death...particularly if there is an e$tate involved!

How realistic are those movies? Is there really a will reading? Can there really be a dramatic change of plans at the last minute?

Come learn about the probate process as Estate Planning lawyer and podcast guest host extraordinaire (yes she does have a "knife out" for Bob's job...) Sarah Clifford interviews the master himself...BOB! Taking him through the dramatic scenes and circumstances of the Knives Out movie to see what is really real and what is fiction.Bob, whose aspirations include the movie business himself...is a seasoned probate litigator who prides himself on telling his clients...and his listeners in 86 countries...exactly how it is. So come get the real script.

While it is not necessarily true to the movies, Bob says probate litigation rarely lacks drama and often is full of sex, drugs, and rock and roll.

Listen in!

Every day we encounter the law.

Sometimes we need a lawyer. Often, accessing quality legal assistance - truly good lawyers who know what they are doing, backed by the resources of a law firm - is beyond the resources of the everyday person or podcast listener.

What is there to do?

Millions of Americans and Canadians have filled this gap by becoming members of LegalShield or finding other ways to access lawyers. When someone has this service...where they can call in and talk with a lawyer, what is it like to be a lawyer handling those calls?

Do those lawyers get results?

Bob talks to access to justice warrior Ingrid Carlin, who has been helping people for years, to get the real life stories of the law helping real people.

Listen in!!

Ever wonder how those incredible movies get financed? How all the deals go together? How your favorite stars get paid?

Ever wonder what happens to all those amazing endorsement deals when an entertainer goes a little cray, commits a crime, or embarrasses himself and all the brands he represents?

Do the music and movie stars really put a lot of crazy things in their contracts?

One of the biggest trials of 2022 was the Johnny Depp/Amber Heard trial (which spawned a movie in and of itself). How will Depp rehabilitate his brand? Is it possible?

In this episode Bob interviews the lawyer working on his latest project, Bianca Goodloe...who has more movie credits as a lawyer (think projects like Lord of the Rings Trilogy, Harry Potter) than most actors! Also joining in this blockbuster episode is attorney Caroline Mankey, another Hollywood lawyer who represents motion picture studios and production companies, major media companies, film libraries, actors, comedians, television personalities, musicians, and artists.

Now the real question...Can these amazing guests get Bob in a movie? Listen in to find out!

It's the holiday season and you're flying your "slay" down the freeway at lightening speed to deliver your gifts...but GRINCH pulls you over...and in a flash of non-holiday red and blue light, your life is no longer merry! What next?

Let's listen in as Bob talks with one of the best traffic lawyers on this topic. Welcome Julie O'Connor!

***Can you get a traffic ticket "fixed?"

What should you do when you are pulled over?

Do the police actually have quotas?***

Imagine a bar fight. Imagine someone getting killed and someone getting indicted for the crime by a Grand Jury. Imagine now, that one vital piece of evidence – a clear cut self defense argument – is never presented to the Grand Jury by the prosecutor…Is That Even Legal? A trial court said it was. The Arizona Supreme Court said…no!

Grand Juries are in the news every day. They are impaneled against politicians, business titans and others suspected of crimes. Their job is to determine whether a crime was committed and whether the person being investigated likely committed the crime.

The word indicted can end your career, your professional and even your private life. How does the Grand Jury process work? What happens when it doesn’t?

The all too common saying that you can “indict a ham sandwich,” has a very distasteful meaning when you consider the impacts of being indicted.

Your amazing host, Bob became very curious about this process…and particularly the story of the bar fight. Attorney Jesse Smith, who won the appeal before the AZ Supreme Court – earning his client a new Grand Jury – is Bob’s guest.

Here is more on the underlying case… WILLIS v. BERNINI

**From the AZ Supreme Court:

"In this case, we clarify the due process rights of a person under investigation before a grand jury, the duties of a prosecutor to present evidence for the grand jury’s consideration in determining whether to issue an indictment, and the standard for what constitutes “clearly exculpatory” evidence, especially with regard to a justification defense.

¶2We hold that the Arizona Constitution guarantees a person under grand jury investigation a due process right to a fair and impartial presentation of clearly exculpatory evidence and that a prosecutor has a duty, even in the absence of a specific request, to present such evidence to a grand jury. We also affirm that evidence is clearly exculpatory if it would deter a grand jury from finding probable cause to issue an indictment as initially stated in State v. Superior Court(Mauro), 139 Ariz. 422, 425 (1984).

Finally, we hold that clearly exculpatory evidence includes evidence relevant to a justification defense that would deter a finding of probable cause."**

Read more: https://www.azcourts.gov/LinkClick.aspx?fileticket=-q-5mzI4S0k%3D&portalid=45

Subdivisions with no water? Arizona groundwater being sold to benefit Saudi Arabia?

Who is charge here? We are in a water crisis in the West, but the building doesn't stop. How does the law work?

What in the law is being done about future calamity?

From Arizona State University News Service: The Colorado River provides water for millions of acres of irrigation and some 40 million people in tribes and cities in Arizona, Nevada, New Mexico, Colorado, California, Wyoming, Utah and Mexico. But the literal wellspring of the Southwest region’s vitality is drying up, and fast.

We’re already in the second year of allocation cuts, which directs how much states can draw from the Colorado River, and deeper cuts are on the way. A “Tier 1 shortage” has already been declared, but the feds have recently indicated that a Tier 2 shortage may be declared by the end of this year, mandating larger cuts, especially to Arizona.

The Bureau of Reclamation has already asked basin states and tribes to give them suggestions for how to cut 2 million to 4 million more acre-feet of water consumption per year to keep the river’s largest storage reservoirs, Lake Mead and Lake Powell, from falling to dead pool and becoming unusable.

Time to talk agua. Bob's guest is Michele Van Quathem, a leading water lawyer.

Listen in!

The nation's leading legal podcast - coming to you from Arizona - is interviewing that state's attorney general candidates. Last week it was Abe Hamadeh.

In this episode it's Kris Mayes. She promises to depoliticize the AG's office and be for all the people.

Mayes brings experience as an elected member of the Arizona Corporation Commission, a lawyer and law professor.

Her time at the ACC she says gave her experience in water, energy and other issues vital to the state. She also would be Arizona's first "mom," AG.

Should she be elected? That is for you decide! Listen in!

He was an intelligence officer in the U.S. Army Reserves. He's a former prosecutor of the Maricopa County Attorney's office. Should Abe Hamadeh be Arizona's next Attorney General? On November 8, Arizonans will decide.

It seemed only fitting that the world's leading legal podcast - which happens to be based in Arizona - should interview the leading candidates for the top lawyer job - encapusulating the types of choices all Americans will soon be making. This week, Bob interviews Abe, next week, his opponent, Kris Mayes.

Give it a listen!

Its that crazy season. Every street corner is littered with signs. Your neighbor backs a candidate/issue you hate and clutters their yard with annoyance. Your email is flooded with spam. It's chaos, clutter and controversy - its election season and it probably has you asking IS THAT EVEN LEGAL?

Bob talks with election law guru Roy Herrera about all things election law...

Including POLITICAL SIGNS!

Are they first amendment protected? Who can post them, where can you post them, can you remove them if annoyed…Hear the story of the sign maker and the town employees who battled his work! In some states any shenanigans like defacing or removing a political sign is indeed a crime…

What about ballot initiatives?
Robo calls?
Fair Election Laws?
Voter ID?
Do Dead People Vote?
Campaign Finance Law?

Vote for us! Listen and review on your fave podcast platform!!

Outline!

Can you put up illegal signs in your town?
1:28

Are sign ordinances constitutional? Is political signage protected by the First Amendment?
3:19

Can you put up signs in a public area during election season?
6:16

If we don’t require you to identify who you are, any person is going to go out and put up signs for good reasons.
8:41

What are the limits on political spending?
10:36

Do we have a voter id law in Arizona?
12:49

When people say voting is “voter ID”, what are they talking about?
15:12

Voter ID laws vs voter registration requirements.
17:05

What are the two categories of voters that may have a problem with proof of citizenship?
18:4

Bob stopped by his colleagues office one day and saw a shredded tire sitting on the carpet. Another day, a visit featured a smashed bicycle in roughly the same space. What was going on in the office of catastrophic injury lawyer Michael Medina?

The lawyer was carefully analyzing the items that had been involved in crashes. When accidents turn fatal, lawyers often turn to wrongful death statutes to bring justice. Use of those statues not only provide for victim's families, but also can lead to design changes to make the world a safer place.

Recently however, some have tried to use wrongful death statutes in new and novel ways. Is That Even Legal? Bob and Michael explore...

Whether you know it or not, AI - artificial intelligence…is highly involved in your life. Can the law keep pace?

AI is already completing sentences for you, creating buyer profiles about you, learning about your driving habits…trying to help you drive your car, and doing all sorts of other calculations that impact you. AI creates fascinating issues in the law.

On this episode we talk with Harvard law trained artificial intelligence patent lawyer Mike Carey. Mike not only files patents on behalf of some of the world’s biggest technology companies, but he also has written software that helps write those patents and many others’ - AND files the patents with the PTO (patent and trademark office). In this episode:

Mike says AI can lie.
He answers the question…is AI alive…?
Is it Biased?
Will it take over ALL jobs eventually?
What can and should the law do?

Mike flags some other upcoming legal battles…such as;

Are AI treaties perhaps needed between superpowers?
GPT-3 – the language that can write an entire research paper by itself. But it can “learn things” that aren’t true….what are the legal implications of lying AI?
AI is used in hiring…known as automated employment decision tools…but are they biased? In New York, there are laws on the books that require employers to eliminate AI bias in hiring https://www.jdsupra.com/legalnews/navigating-new-york-city-s-artificial-1566015/

Listen in...the ROBOTS ARE COMING!

The law of the land. You get used to it. Maybe you rely on it. Then, in a blink of an eye it can change. How should you think about that? Is it good, bad, or indifferent to our society when cases are overturned? What does it say about our Constitution? In this episode, Bob welcomes constitutional law professor Ilan Wurman to the show to talk, among other things...about these cases:

Dobbs v. Jackson overturning Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey.
Brown v. Board of Ed of Topeka overturning Plessy v. Ferguson.
Citizen’s United v. FEC overturning Michigan Chamber of Commerce and McConnell v. FEC
Kennedy v. Bremerton School District overturning the School Prayer Cases.

We also discuss:

Is stare decisis part of the “judicial power”?
Did the Founders have a theory of precedent in constitutional cases?

Don't miss this one. Find out if a law that matters a lot to you will be OVERTURNED soon.

You have it in your heart to give to a charity. There is a site set up for donations like yours. All good right? Not so fast!

Who organized the effort? How much will ACTUALLY go to the intended recipients? What if you are scammed? Listen in as attorney Kelsi Lane gives some good tips. Here are some more from foolproofme.org.

Beware of Campaigns Posted After a Tragedy or Natural Disaster

The cause can be personal or local, such as supporting medical help for a local family injured in an auto wreck. In one recent case, a woman was prosecuted for raising money for cancer treatments when she was not ill. So if the organizer is an individual, ask exactly how the money will be distributed and accounted for. Do a web search on the individual also. Remember, you just have their word for what they plan to do.

In many cases, the cause is regional, national or global, such as campaigns that appear after tornadoes, floods, hurricanes, earthquakes, or the current wildfires in the western U.S. Such campaigns are a hotbed for fraud, and they pop up like mushrooms. Always thoroughly check out charitable causes. Check out the charitable organization's track record with the Better Business Bureau (regional BBBs often evaluate local groups) and with national sites such as guidestar.org, charitywatch.org and charitynavigator.org. In the case of disaster relief, it is probably wiser to give money to an established nonprofit charitable organization that has a track record of accountability.

Don't Give More Than You Can Afford

Remember, if you are supporting the development of a new product—from a new online game to an innovative tech gadget—there is no guarantee that the product will be successfully brought to market. Also a large percentage of eventually successful projects experience delays.

If you are supporting a charitable cause, there is no real guarantee that the money will actually go where the campaign says it will. If you are giving to a creative event, only the individual's or group's integrity or track record indicates that the artist will complete that exhibit of ground-breaking digital art, that the newbie filmmakers will shoot that indie film, or that the choral group will conduct the new composition and present the winners in concert. So support a project you like, but don't give more than you can afford.

File a Complaint about Scams

If you have been defrauded or have good reasons to suspect a fraud, report your experience to the crowdfunding platform. Also make a complaint to the Federal Trade Commission (FTC) Complaint Assistant.

The ads are ubiquitous. The slogans annoying. Personal injury and car crash lawyers often get a bad rap. Sometimes deservedly so. As widespread as those billboards, radio ads and other assaults on the senses are...they are meant to address something almost all of us has experienced, or been touched by - a car accident. When those accidents produce injuries, the "PI" lawyer is suddenly needed. How do you find a good one? Does a bad ad make for a bad lawyer? Does no ad make for a good lawyer? Let's find out as Bob interviews Kevin Fine, a PI lawyer and a wellness advocate.

As you listen, mull these stats over from drivingtests.org:

In 2019, there were 6,756,000 police-reported motor vehicle crashes, including 1,916,000 crashes involving injury and 33,244 crashes involving death. (NHTSA, 2021)
In 2010, the economic cost of traffic crashes (both reported and unreported) was estimated to be about $242 billion, plus an additional $594 billion in societal costs resulting from the effects of these crashes on the victims, for a total cost of $836 billion. This total cost represented about 5.6% of the US Gross Domestic Product (GDP) in 2010. (NHTSA, 2017) (Source: https://driving-tests.org/driving-statistics/)
Around 2 million drivers in car accidents experience permanent injuries every year. (Driver Knowledge, 2019) (Source: https://driving-tests.org/driving-statistics/)
About 10 million or more crashes go unreported each year. (National Highway Traffic Safety Administration, 2018) (Source: https://driving-tests.org/driving-statistics/)

The recent defamation trial featuring Johnny Depp and Amber Heard put the word defamation in the headlines. The entire world now knows too many details about the marriage of those two - more perhaps than many of us care to. But, do we know about defamation and what it really means?

Bob says too many people have talked about the trial for him to weigh in...but we bring back an episode with Ted Boutrous, one of the country's leading defamation lawyers...to tell us what that word means and how and when you can sue and win a defamation case....

Listen in.

Many say there is a coming recession the likes of which this country hasn't seen in years. If you are behind on your bills with signs you may not recover, or if your business needs to restructure debt...bankruptcy is the fresh start you need. Contact a bankruptcy lawyer soon...before things get bad. It is, in a way, a shield you can deploy as you get your debt under control and move forward with a new life.

But what about bad actors who use this shield? Is That Even Legal?

Can bankruptcy be used to protect those who commit crimes?

On this timely episode, Bob speaks with bankruptcy law guru and attorney Ron Holmes - exploring everything from what happens when someone defames mass shooting victims' families (and then files bankruptcy due to lawsuits), to churches that go bankrupt over mounting sexual assault claims.

The good, the bad...and the legality...of bankruptcy.

We have witnessed another U.S. Supreme Court confirmation recently. We have also witnessed the controversy when a draft SCOTUS majority opinion was leaked to the media resulting in issues of privacy and protest.

How do nomination processes differ between the Federal system and the judicial system in Arizona? What is it like, from a Justice's perspective, to go through the process of "getting the job?"

Find out more aboutjudicial philosophy, merit and stare decisis and their impact on your life through rulings from the bench.

What would Justice Kathryn King and Justice James Beene want you to know about their role and duties on the court?

***Welcome to the definitive Estate Planning podcast episode.

Can You Trust Your Trust?
If You Are One of the Thousands of Business Owners Planning to Sell Your Business This Year...How Can Your Protect Your Wealth Once You've Accomplished The Sale?***

The parent passes and the prospective heirs say...we are in good shape. We have a trust! Then they find out...as guest attorney Alan Soelberg describes it...with a gut punch...that the trust they have doesn't apply to their situation. This happens far too often!

The airwaves and newsfeeds are flooded with ads for estate planning and trusts these days. Which ones can you actually trust? Many Americans find out when it's too late that filling in fields online and getting the document printed out and notarized does NOT mean you are in good shape with your estate plan. Listen why.

If you sell your business without estate planning and proper asset protection, you could pay up to SEVEN FIGURES more in taxes than you need to. This is the year of the exit...the year of the silver tide (boomers selling their business). Find out why your business sale and your estate plan/asset protection go hand in hand.

Your mom passes and suddenly women from around the neighborhood are showing up at your dad's door with casseroles. Soon, dad marries one of these "casserole ladies." Fine. But after a few months or short years, she begins to tell dad that YOU are evil and should be disinherited. He acquiesces. Now he has passed, and you and your siblings get nothing, according to his will. ***Is That Even Legal?

Casserole Ladies, AB Splits, Beneficiary Designations and ERISA...***it's a recipe for complexity unless you know the right lawyer. In this episode, guest host and estate planning and trust administration lawyer Sarah Clifford interviews Bob, who's expertise is probate law.

So often after death someone in the family is left disappointed or destitute because they didn't understand how the law worked. From a widow who loses half her house, to the children who watch the "casserole lady." get rich while they are left with nothing. Bob has seen it all, and he has some tips on what you can do to understand and control who gets the dough.

Revenge Porn has recently been the plot of daytime soap operas, been an issue on international reality shows, and of course has had a number of high profile celebrity victims in recent years.

Increasingly, however, for many married couples whose relationships go south, the issue is hitting close to home during divorce discussions as threats to reveal intimate photos are made or acted upon.

Furthermore, when teen romances involving underage pictures are involved, serious felonies can be committed when images are stored viewed and or distributed.

As of 2020, 42 states and the District of Columbia have specific laws outlawing distribution of revenge porn. However, revenge porn laws are still relatively new and the laws are continuing to develop. The crimes however, are multiplying.

While each state has different laws, most generally define the crime of revenge porn as any person, with the intent to harass or annoy another who:

Publishes or distributes electronic or printed photographs, pictures, or films that
Show the genitals, anus, or female breast of the other person, or
Depicts that person engaged in a sexual act.

In this episode, Bob talks with Divorce specialist Douglas Gardner and Criminal Defense attorney Russel Richelsoph to find out what is legal. This is an important episode for everyone in today's society.

Show Notes:

Scenario 1: Photos of Couple

Many couples have, during the good times, photographed or videoed themselves or their partner or both together in intimate ways. While such videos or photographs may be seen by the parties as appropriate and acceptable at the time the videos or photographs are taken, these photographs and videos can become very awkward during and after a divorce.

First, follow the Golden Rule. Delete photos of others, as you would want them to delete photos of you. As part of your “moving forward to a new life” delete such intimate photos or videos of your former spouse or partner. If you are aware of photos or videos your partner may have, you can ask politely that they also delete them.

Second, never store intimate photos or videos online, or post to any form of social media. What gets posted online or social media, seems to stay online or social media. Protect yourself and your partner or former partner, and keep personal control over such items.

Third, while there may be no real way to know for sure if such photos or videos have been deleted, please understand that publishing or posting or sharing photos of an un-consenting ex-spouse or partner could be a criminal matter, and could result in an Order of Protection and other legal action being taken against you. It is not worth it.

In Arizona, where Is That Even Legal?originates, Revenge Porn is a Class 4 felony, punishable by up to 1.5 years in prison and a fine up to $150,000 and could in some cases require registration as a sexual offender.

Specifically, A. R. S. § 13-1425 makes it a criminal offense to intentionally disclose the image of an identifiable person in a state of nudity or engaged in sexual activity, when the person has an expectation of privacy, with the intent to harm, harass, intimidate, threaten, or coerce the depicted person.”

Is it really "natural" food? (hint, there is NO definition from the FDA)

Does it really have fruit in it, or just "flavoring?"

How much beef in a "beef," fast food item is "reasonable?"

What if the package is half empty whey you buy it?

What if it is baby food and contains dangerous metals?

If a cow eats GMO grain, is it's milk natural?

As host Bob Sewell would say...what the hell is "natural food?" and what is "free range," or "grass fed?"

Should you sue over your food?! If you do...what do you get if you win?

In this episode, Bob interviews food law guru Ivan Wasserman to discuss. everything from Pop Tarts to Froot Loops to Red Bull. For good measure, Ivan does some "Probiotic comedy!"

From the American Bar Association:

"The food and beverage industry continues to face increasing scrutiny over labeling and advertising. Despite the pandemic, the number of class actions targeting the food and beverage industry increased last year and shows no signs of slowing down...

...given the competitive plant-based protein segment, the food and beverage industry should expect a substantial uptick in litigation.

The year 2020 saw a 10-year high in food and beverage class action filings. Overall, there was an 80 percent increase in class action filings from the prior year. The upward trend in class action litigation and the burgeoning area of plant-based products suggest that the business of food litigation is anything but stale."

Last month The Washington Post published this headline:

Biden administration promised bankruptcy reforms. So why is it still fighting student loan borrowers in court?
While the administration withdrew its appeal to one of the hardship cases mentioned in the article, there is still widespread misunderstanding about bankruptcy and the student loan crisis - what can and can't be done.

Enter Bob's guest, bankruptcy specialist Pernell McGuire, who also serves as the managing partner of Arizona law firm Davis Miles McGuire Gardner.

Bob and Pernell break down what you need to know about the current crisis and what might be needed to solve it.

Show notes:

Can you have your student loans discharged in bankruptcy?
What does it take currently?
What other programs exist today and what is being done/contemplated?
Student loans add up to $1.75 trillion in debt! That's 20 percent of all U.S. debt.
The Biden administration has pledged to address student loans and bankruptcy reform. In the meantime;
Some have called for a moratorium on the Education Department opposing federal student loan borrowers bankruptcy requests until new laws and programs are adopted...will that happen?
What about private student loans?

Give it a listen, and share with anyone you know who has student loan debt...

Maybe you have never heard of home title fraud or deed fraud? In today's crazy real estate market, you should be aware...and be prepared.

You’ve probably heard about it through commercials in the media trying to get you to buy products to protect yourself from title fraud.

Should you be scared?

In this first episode of Season 3, Bob visits with real estate lawyer and title guru Jesi Wolnik to get the real facts about title fraud...something she has dealt with a lot as a lawyer.

What are we talking about here? (hat tip The Better Business Bureau):

Home title fraud happens when someone obtains the title to your property and changes ownership from your information to theirs. The scary part is, you may not even realize it has happened until it’s too late.

How the Scam Works:

Scammers will choose a house, sometimes a second home, rental or vacant house. They then gather your personal information from the internet or elsewhere, and take over your identity to assume the role of property owner or claim to represent you. They file the necessary paperwork to transfer ownership of your property to themselves, using forged signatures and fake identification. They then sell the home or borrow against the equity. You might not even know this has happened until a lender starts to send letters of foreclosure on your home due to failure to make payments.

It all started with a scandal in the 1900s. A royal with a mistress to whom he literally left the family jewels...

After much pubic embarrassment and a costly ruby buy back programme, it became the practice that Royal Family Wills be sealed and secret. Now, even distant relatives may get the royal treatment of a secret Will!

Either in the U.S.A. or (for non-royals) in England, if YOU want the details of your Will kept private...you are royally out of luck...unless you also have a trust.

Our intrepid host and probate guru Bob Sewell found it fascinating that the High Court ordered that Prince Philip’s Will be kept secret for 90 years. This is a departure from the general rule that wills are open to inspection by the public after being admitted to probate.

However, Prince Philip’s Will was judged to fall within the sole exception that a Will may be kept private if the court agrees that it would be “undesirable or otherwise inappropriate” to publish it.

What does that even mean? Is that even legal? Our guests, probate litigators and estate experts Judith Swinhoe-Standen and Geoff Kertesz join us from across the pond to expound on royal secrets!

Don't miss it.

For more legal reading, here is their recent article:

https://www.stewartslaw.com/news/why-prince-philips-will-and-other-royal-wills-are-kept-secret/

Last Thursday, the Supreme Court ruled that OSHA does NOT have the power to enforce Biden's COVID vaccine mandate for employees of large employers (if you are a regular listener to this podcast, you were no doubt NOT surprised by this ruling) the rule had just barely gone into effect, requiring employees at large businesses get a vaccine or test regularly and wear a mask on the job.

At the same time, the court is allowing the administration to proceed with a vaccine mandate for most health care workers in the U.S. The court's orders Thursday came during a spike in coronavirus cases caused by the omicron variant.

In light of the ruling, some companies have already suspended their vaccination requirements of employees. Some companies, like Boeing, have delayed mandates until its fate is certain, while others, like Citigroup, have said they are going ahead regardless.

In this episode, Bob brings on employment law guru Krizia Verplancketo talk about the implications for employers, employees and healthcare workers.

Listen in to learn:

Can you sue your company if you get COVID on the job?

**Will the government try again with a new rule?

Employers can still enforce their own mandates, but will doing so be more fraught?

Will companies that were on the fence still introduce mandates? Should they?

Healthcare workers who refuse to be vaccinated may reduce the number of healthcare workers on hand to treat COVID.**

You've read the tabloids...the salacious divorce details of the world's rich and famous. Yet, somehow other equally powerful people manage to dissolve their unions with virtually no disclosure to the public, and maintaining a modicum of a relationship. How is this done? Meet the "designer divorce," better known as the collaborative model.

Divorce takes an astronomical toll on couples, their families, friends and their personal, financial and personal lives. Yet statistics show 50% of couples will divorce. When that happens, a typical contested divorce not only is costly, but it exposes a couple's issues in a very public way. The collaborative model is different. While not for everyone, it's also not only for celebrities!

Bob's guest is collaborative divorce guru Cristi McMurdie...listen in and learn about an alternative approach to untying the knot.

In this episode Bob intereviews defense lawyer Russ Richelsoph about the myths and misconceptions of self defense, stand your ground and what's legal!

'Tis the season to be jolly. Many will give and get bicycles for gifts, others will get festive with bike pub crawls or blast through college towns on scooters after having downed a few ounces of holiday cheer. Is That Even Legal? Bob takes to the road in tights with one of our favorite guests, avid bicyclist and attorney Marshall Hunt, who has been on a legal journey to find answers because...

“Nothing compares to the simple pleasure of a bike ride.”

*John F. Kennedy,

Okay, that may be an urban legend that Kennedy actually said that, but the guest and the host of this episode certainly agree with the quote...whoever said it! So do a lot of other folks:*

In 2020 alone. the number of participants (aged six years and above) in road/paved surface biking amounted to approximately 44.47 million in the U.S. according to Statista. E-bikes are becoming wildly popular worldwide. So...same laws apply to drinking while riding or scooting as say, driving?

Listen in and find out!

Restrictive covenants. Non-competes. Some states allow their enforcement. Some states don't. In an increasingly mobile employment environment and in a time when the "Great Resignation," is sweeping the country, the Federal Government is paying a lot of attention to trying to "promote competitive labor markets and worker mobility." This effort is in response an Executive Order by President Biden in July, urging the Federal Trade Commission to "curtail the unfair use of non-compete clauses...that may unfairly limit worker mobility."

On December 6th and 7th, the FTC and the DOJ will host a virtual workshop to inform the rulemaking process. This episode tees up the issue looking at restrictive covenants from all sides, with guest litigation attorney David Williams.

Have you ever been laid off only to find that you can't get a job in your field due to a non-compete? Have you ever had an employee walk off with your customer list or your "secret sauce? As an employee, are you free to leave for a competitor? As an employer, are your trade secrets protected.? If you aren't sure, this episode of Is That Even Legal is for you.

More on the December Workshop.See also https://www.justice.gov/atr/events/public-workshop-promoting-competition-labor-markets#information

According to the FTC, Over the two days (12/6 and 12/7) a series of panels, presentations, and remarks will address competition issues affecting labor markets and the welfare of workers, including: labor monopsony; the increased use of restrictive contractual clauses in labor agreements, including non-competes and non-disclosure agreements; information sharing and benchmarking activity among competing employers; the role of other federal agencies in ensuring fair competition in labor markets; and the relationship between antitrust law and collective bargaining efforts in the “gig economy.” Panelists will be invited to discuss potential steps antitrust enforcers can take to better target enforcement resources, improve public guidance, and pursue a “whole of government” approach to ensuring fair competition for workers and consumers by leveraging interagency resources.

The FTC and the DOJ Antitrust Division invite comments from the public on the topics covered by this workshop. Interested parties may submit public comments online now through Dec. 20, 2021, at Regulations.gov.

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Democratic lawmakers in the House of Representatives have advanced updated legislation containing the tax elements of President Biden’s Build Back Better agenda. It could get voted on this week! The draft legislation may be modified before that. What does it mean for you?

Bob goes to the mystic tax guru Elliot Barela to read the future....

Using the Tax Foundations General Equilibrium Model, they estimate that the tax provisions, IRS enforcement, and drug pricing provisions in the House bill would increase federal revenues by about $1.5 trillion over the next decade, before accounting for $500 billion in expanded tax credits for individuals and businesses, resulting in a net revenue increase of about $1 trillion. Excluding the anticipated revenue from increased tax compliance and the drug pricing provisions, the bill would raise about $637 billion from net tax increases over 10 years.

They also estimate however, that the House bill would reduce long-run economic output by nearly 0.4 percent and eliminate about 107,000 full-time equivalent jobs in the United States. It would also reduce average after-tax incomes for the top 80 percent of taxpayers over the long run. Is that even legal?

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The law effects every aspect of our lives - including healthcare. Bob likes to say we have the best healthcare money can buy in America...but it takes a lot of money to buy it!

Bob has questions:

Why does it cost so much to get good healthcare and what is being done to bring those costs down?
What is being done to make access to healthcare more equitable?
What happens to patient advocacy in the age of COVID, when your defender can't be at your bedside or in the care facility with you?

These answers and more as Bob interviews Harvard trained lawyer and healthcare law guru Scott Becker, host of the Becker Healthcare podcast.

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Welcome to the Pandora Papers Episode!
Some of your favorite pop stars...the leaders of foreign governments and other high profile people have been exposed by "investigative journalists," for their "secret" dealings overseas!

And, some states in the U.S. enable private transactions and accounts that protect the name of individuals from both in and outside the United States..**.

IS THAT EVEN LEGAL?**

Bob is joined by Ike Devji, a nationally-known Asset Protection guru with nearly 20 years of experience helping Americans use offshore tools legally. Listen in as Ike helps sort out what is legal, what is illegal and what is legal made illegal through stupidity!

Some highlights:

There is NO SUCH THING AS A SECRET where the law is concerned.

Tax evasion is illegal.

That Magic Bag of Beans Trust you bought from a radio commercial...? It may just land you in jail.

Many agree that there is a significant justice gap. We have a very long way to go before we achieve "justice for all." Cost of services, access, equity, and even elements of our legal system contribute to that gap. There may not be another person in America who is more passionate about closing that gap than LegalShield CEO, Jeff Bell. Listen in as Bob sits down with Jeff at the start of the company's 2021 Annual Leadership Conference.

Listen in as Bob sits down with Jeff at the start of the company's 2021 Annual Leadership Conference.

Billions are being invested in legal technology. How will that change the way we access lawyers and the law?
How is LegalShield helping to close the justice gap through tech and other means?
In addition to technology, what else needs to change...in our attitudes and approach...to the law and to each other?
Liberty vs. Obligation - what is the balance?
Qualified immunity - what is the right answer?
Despite all the technological advances, why will having a lawyer always be a vital part of "protecting and empowering," citizens?
Why "customer service" needs to be a huge component of legal service.

This episode is sponsored by Docuplayer! www.docuplayer.comWatch the episode on YouTube here!

Today the Biden administration issued a sweeping plan aimed at battling COVID. That plan includes mandating vaccinations for employees of companies that have more than 100 workers. Is that even legal?

We begin this episode with a true story. It's a story of a former pastor and his son. They were both quite healthy. In the town where they lived, there was an ordinance that required everyone of a certain age to get a vaccine from a terrible disease, or go to jail and pay a fine. They objected to this mandate - asking why, if they were completely healthy, should they be forced to take something into their bodies they didn't trust.

Sound like a familiar story? Is it happening in your neighborhood, town, state or country? Well, this story happened in 1905. The disease was smallpox, and the case went all the way to the U.S. Supreme Court.

Listen in and find out why that story may just impact your life. Bob interviews one of our favorite guests: Robert Ellman, former Solicitor General of Arizona and former General Counsel of the Arizona State Legislature. He was with us when the first quarantines came down...now he helps us answer:If the government wants to mandate vaccines...Is That Even Legal?

Is That Even Legal?

Game Changer: Meet Nona Lee, Chief Legal Officer, Arizona Diamondbacks

SHOW NOTES

On August 14, 2021, the modern-era record in Major League Baseball for most no-hitters thrown in a season was broken in a sensational way by Arizona Diamondbacks pitcher, Tyler Gilbert, who achieved the feat in his first career big league start…the first time that has happened since 1953! Gilbert tossed the no-hitter as the team defeated the San Diego Padres 7-0 at Chase Field in Phoenix. The following Monday, Bob sat down with another D-backs game changer: Nona Lee, the club's Executive Vice President and Chief Legal Officer.

From pioneering the role of women attorneys and people of color in the front office of the MLB, to negotiating game-changing deals that have led to an amazing spring baseball venue, an international training facility, and a breakthrough sports betting experience for fans, Nona Lee has had an amazing impact on America's pastime...and she is just getting started. Tune in as Bob interviews Nona about (among other things).

What is the team's J.E.D.I. Counsel (Justice, Equity, Diversity and Inclusion), and what does it do?
What was it like when you were pioneering the role of a woman sports General Counsel, and as one of few women of color in such a leadership role? What is getting better? What remains to get done?
What is the new rule regarding betting on sports in Arizona and how will it impact the fans? How does the deal you did with Caesar's enhance the fan experience?
What is the role of the top lawyer in international deals for the club?
How does MLB salary arbitration actually work?

Follow this amazing journey and find out what is next for this game-changing lawyer! We begged Nona to let Bob throw out the first pitch in an upcoming game. Don't bet on that.

All content © 2021 Is That Even Legal?.

It seems a simple question. But in today's complex world of laws and social constructs, it is heartbreakingly complicated sometimes - the question of who's your daddy.

Some biological fathers find out…or file the correct paperwork too late to be granted parental rights. Is that Even Legal?

What does the law say, and why is is structured the way that it is?

Bob is joined by Certified Family Law Specialist Spencer Schiefer to discuss how complicated, and heartbreaking the law can be around the question of “Who’s Your Daddy?”

Law is expensive. Clients often feel underserved even when their lawyers get paid handsomely. The legal profession also faces a pandemic of drug abuse, depression and alcoholism that is much higher by percentage than that of most professions. Are these facts tied to the stereotypical "lawyer" approach where the lawyer is a bull dog and a horrendous human being who will do anything to win?

Meet Libbey Van Pelt. She's a Stanford trained lawyer and formal federal prosecutor who just launched a federal defense and personal injury practice based...on love:

Here is some of what she says:

The most effective trial lawyers are not gladiators. Litigation need not be scorched-earth combat, and your lawyer should not be just a paid mercenary on your behalf.
I listen to my clients and serve as their trusted guide, counselor, and advocate. I’m responsive and engaging. More than just legal knowledge, I offer emotional intelligence, warmth, connections, and strength of character.
Righteous anger and indignation is not where true power lives. The key to our power is our capacity to lead from a place of love, not fear.

Do you agree? Does Bob? Listen in as Libbey makes the case for a paradigm shift in law and discover whether nice lawyers - and more importantly their clients...win.

Every day we download apps, purchase products, sign up for services and legally bind ourselves at the click of a button or flick of an e-signature.

A staggering 91 percent of mature adults surveyed admit they sign contracts without even reading them. 97 percent of younger adults in the same survey say they don't read before they "accept." And, as is the case with many contracts today...even if you read them, chances are you won't understand them without a lawyer - Is That EVEN Legal?

Harvard law trained lawyer and technologist Jonny Allred joins Bob to talk about what can be done to make contracts more understandable. Jonny is joined by law student Trevor Cook - the first-ever recipient of the Is That Even Legal Scholarship for suggesting a great episode and guest.

What you might be signing away when you click yes:

Right to a jury trial
Right to have a dispute resolved in your own state
Your first born child (WHAT? listen to the episode to hear about that!)

The essence of freedom is access to justice. Increasingly, that access is harder and harder to achieve due to the costs involved.

Recently the Arizona Supreme Court and the State Bar of Arizona took steps to try to make the legal system more accessible. What did they do and how is it going?

In part two of Bob's interview with Arizona Supreme Court Justice James P. Beene, they are joined by attorney Kelsi Lane, member of the State Bar of Arizona Board of Governors to explore:

Access to Justice in Arizona...what is being done to increase accessibility?
How do rules get changed regarding legal procedures?
Who and how are lawyers disciplined?

Don't miss the first of this two part series with Justice James P. Beene

Supreme intelligence:

What goes through the mind of a Supreme Court Justice?

What is the appropriate role of a Justice in today's hyper-politicized society?

What constitutes a good lawyer in the eyes of a Supreme Court Justice?

What is "legislating from the bench," and what does it mean? How does a Justice avoid that?

With a great legal mind that could command a hefty salary in private practice - why devote your career to public serice?

The U.S. Supreme Court hasn’t issued a major gun-rights decision in more than a decade. That is about to change. In its next term, the high court will hear a major new Second Amendment dispute, agreeing to use a New York case to consider whether the government must **let most people carry a handgun in public for self-defense.

Do you have an inherent right to self defense?**

The justices said they will take up an appeal by a National Rifle Association affiliate and two people who say the state is violating their constitutional rights by issuing concealed-carry licenses o**nly to those who can show a special need for protection.

Should you have to show a special need? Is that even legal?**

The case, which the court will consider in the nine-month term that starts in October, will put the justices in the middle of one of the country’s most fractious debates. It will pit people who see public gun possession as a matter of self-defense and individual freedom against others who say the result will be more crime and reduced public safety.

New York is one of eight states -- along with California, Massachusetts, New Jersey, Maryland, Rhode Island, Delaware and Hawaii -- that the National Rifle Association says prevent most people from getting a carry license. Illinois and the District of Columbia also had sharp restrictions before their laws were invalidated in court.

The Supreme Court in June refused to take up challenges to the New Jersey, Massachusetts and Maryland laws. That was before Justice Ruth Bader Ginsburg’s death and Trump’s successful nomination of Justice Amy Coney Barrett strengthened the court’s conservative majority. Four justices must agree for the court to take up a case.

Second amendment lawyer and criminal defense lawyer Russ Richeslsoph explains what is at stake as the Supremes consider overturning a law that has been in place since 1913. Perhaps settling on a major scale whether you have the right to self defense.

Last year, in the second highest downloaded episode on the podcast, Bob introduced you to the crazy case of an elderly couple, their son and their car -- how the government seized it, even though they were innocent. Bob also introduced you to Paul Avelar, Managing Attorney of the Institute for Justice Arizona Office who represented them in trying to get their car back, and later represented a truck driver who had a massive amount of cash seized for the simple reason that he came to Arizona with a lot of cash (to purchase a truck)!

Avelar was a key player in helping drive Arizona's new bipartisan civil asset forfeiture reform law, HB 2810.

"Civil forfeiture threatens everyone's property and due process rights," Avelar told reason.com: "The government can take your car, your home, and your life savings without ever charging you with a crime, much less convicting you. HB 2810 makes important reforms to Arizona's forfeiture laws to protect innocent property owners from government abuse."

As Bob told you then, civil forfeiture is "based on the legal fiction that property can be guilty even when its owner is innocent.” It allows the government to confiscate your assets without your ever being accused of a crime, let alone being convicted. It's big business nationwide, and the forfeiture funds are often used for funding policing tools, leading to the term "Policing for Profit!"

Arizona's new H.B. 2810 addresses that problem by requiring a criminal conviction prior to forfeiture in most cases.

Under the law, property can still be seized based on probable cause to believe it was used to commit a crime or represents the proceeds of illegal activity. But now the government can complete the forfeiture only after convicting the owner. That new rule applies to all forfeitures except when the owner has died or fled, no longer lives in the United States, has abandoned the property, has agreed to surrender it as part of a plea deal, or has received immunity from prosecution in exchange for his testimony.

The law also addresses roadside waivers, where holders of property or cash were often bullied into signing away their property or cash in order to not be arrested.

Does the law go far enough? How close is Arizona's law to the New Mexico "Gold Standard," for protecting citizens from unlawful or unfair seizure? Listen now and find out!

What a celebrity case can teach us about conservatorships!This week Bob interviews celebrity lawyer Christopher Melcher about the controversial conservatorship of Britney Spears. Millions of fans worldwide have called for the end of the control of the megastar's life. Many say she is perfectly able to manage her own life.

What does this case teach us? What does it mean for you?

Key Points:

What is a conservatorship?

A conservatorship is granted by a court for individuals who are unable to make their own decisions.
Usually, they are granted in the case of those suffering with dementia or other mental illnesses. "High functioning," folks usually do NOT have conservatorships.
Britney’s conservatorship is split into two parts – one is for her estate and financial affairs, the other is for her as a person.
Under this legal agreement, the singer has not controlled her finances since 2008.
Her finances must be documented with the court.

In short, the arrangement means that Britney is not in control of large parts of her life, particularly her financial affairs - but also in many of her personal choices.

Can Someone Else Control YOUR Life? Is That Even Legal?

Sydney Powell; Dominion; Rudy Giuliani; the NYT;Johnny Depp; Fox News; CNN...Defamation lawsuits involved all these folks, could one involve you? Have you been defamed?:

Meet Ted Boutrous,America’s most respected 1st amendment lawyer who explains what defamation is all about.

The Hollywood Reporter once called him Donald Trump’s “First Amendment Nemesis.” He’s perhaps America’s preeminent media lawyer and Supreme Court guru, defending the 1st Amendment. He's known for defending famous defamation suits, representing clients such as Joy-Ann Reid. He’s also been known to argue defamation cases for plaintiffs, such as in the current case of actress Ashley Judd against Harvey Weinstein. Listen in as Ted Boutrous joins host Bob Sewell in a freewheeling and UNCENSORED discussion about what is and what isn’t defamation. Also learn about Boutrous’ new podcast“The Two Teds,”featuring himself and former U.S. Solicitor General Ted Olson, discussing the high profile cases handled by two of America’s leading litigators.

In this episode:

Bob becomes a business owner of imaginary “Bob’s Plumbing,” and is most certain he has been defamed. What should he do?
Learn the difference between business defamation and personal defamation and who has to prove “actual malice.”
When you decide to sue and put your reputation on trial…who has the burden of proof?
Is the world growing SLAPP happy? What are SLAPP suits and why do they matter?
Why should there be fewer defamation lawsuits in America?

Bob is joined by Megan Whiteside, a leading Washington D.C., personal injury lawyer and host of the popular podcast: Mom Life and Law. See: https://www.momlifeandlaw.com/ Did you you know your case's value in an accident is likely calculated by a giant computer? Or, that the settlement you will be offered is suggested by an adjuster who usually assigns no value to the impact of an accident on mothers - even though the law says they can and they should? **Did you know that lawyers who have a history of settling accident cases may get a lower case value calculation from insurance companies because they don't fear the lawyer will go to court?

Trust us. They fear doing battle with Megan Whiteside.

Listen as she talks about how best to protect yourself, and as she offers special insights about being a mom fighting for her clients' rights.**

Megan says "lawyer moms have at least two full-time jobs. We are the badass women in the courtroom, conference room, or Zoom room. And, we are the badass women at home, who carry the mental load, support our partners, and keep the tiny humans alive. We make both worlds better, based on our unique abilities. We get shit done. "

The purpose of her podcast, Mom Life and Law?

"Under the weight of others' expectations, we often put ourselves last. It's easy to feel like we are failing. I am here to show you not only that you are good enough, but also that you deserve to thrive. "

Great wisdom regardless of your profession. Listen in with Bob as he visits with Megan.

In this episode Bob plays guest on his own show as the amazing Sarah Clifford, Esq., interviews him about adverse possession.

Adverse possession, basically, is the legal process by which you could lose your land without permission or payment to another party. A squatter! Bob sees this process in action ALL THE TIME, as does Sarah, although when they heard about it back in law school they thought it was old school fiction (think of the adult child that does not inherit the house, but stays in it after the parents pass on, for example and eventually claims it his).

Sarah has decided to camp out on Bob's front lawn, cook up some bratwurst, and eventually own his yard. Is That Even Legal?

Key Show Notes:

Know what you own!
What is "adverse possession" and its elements

(actual possession; exclusive possession; open and notorious possession; adverse and hostile possession; continuous possession; plus the statutory period)

What is Quiet Title?
What is Tacking?

In Arizona alone, a single adverse possession claim can be asserted for up to 160 acres. Don't be adversely impacted by adverse possession. Listen to Bob.

Reefer Rights? Okay, now it’s legal in some states to recreationally smoke or do edibles. What does that mean if you employ people? In this episode, Bob talks with Employment lawyer, Krizia Verplancke , on the highs and lows of legal weed for employers and their employees—both medical and recreational.

If you are an employer:

What should your polices be for employees as it relates to marijuana?
Should you have a policy?
How do you measure impairment?
Someone can have traces of THC but not be impaired, what then?

For employees:

What are your rights if you have a medical marijuana card?
If you use marijuana recreationally, what should know about protecting your employment?
Do you know what your employer's drug policies are?

You can be silenced. You can Be Censored. Is That Even Legal?

In this episode, Bob is joined by 1st Amendment expert and Constitutional Scholar Eugene Volokh, the Gary T. Schwartz Professor of Law at the UCLA School of Law and co-founder of the Volokh Conspiracy blog, hosted at Reason.com.

Listen as Bob and Volokh discuss censorship on social media such as Twitter and Facebook, where many, from Trump to regular citizens, are being banned.

Are social media outlets the modern public square? As private entities can they determine who has a voice and what gets said?

You hear a lot that “changing Section 230,” will stop censorship. Will it? And, What is Section 230?

Should the government impose rules? Constitutionally, can they?

Is social media more like a telephone company, or more like a newspaper or a magazine? The answer may determine the future of censorship.

Listen Now!

Recent surveys conducted by TrustArc and other companies show that:

92% of consumers are concerned about online privacy;
84% of consumers want more control over how their data is used;
89% of consumers avoid companies that do not protect their privacy; and
32% of consumers are not only willing to but have actually changed companies or providers over data-sharing policies.

Yet despite this ubiquitous concern for online privacy, a recent state Supreme Court ruling in Arizona held that in today's world, there is "no reasonable expectation," of online privacy. IS THAT EVEN LEGAL? How much privacy do we actually have?

Your host, Bob Sewell, interviews K. Royal, Associate General Counsel of TrustArc., a professor of privacy law and the co-host of the popular "Serious Privacy," Podcast

Our first season was a HUGE success because of your support and interest! Now, if you are a law school student in the U.S., you can earn some scholarship money by helping us program for 2021!

**OFFICIAL CONTEST RULES

see:** https://www.davismiles.com/is-that-even-legal-podcast-announces-law-student-scholarship-contest/

Win a $1,500 Scholarship from the Is That Even Legal Podcast

No purchase or entry fee is necessary to enter or win.
Entry is open only to legal residents of the 50 United States and D.C., who are age 18 or older as of date of entry, and who are enrolled students, administrative staff, or faculty at any ABA accredited law school in the United States. Employees of the Is That Even Legal Podcast (“Sponsor”) and its affiliated companies and agencies, along with the members of the immediate families or households, whether or not related, of any of the above, regardless of where they reside, are not eligible to enter or win.
Contest begins at 7:00 a.m. Mountain Time (MT) on January 15, 2021 and ends at 11:59 p.m. MT on February 28, 2021 (the “Contest Period”). Please allow for the time difference, if any, from your local time zone. Contest is subject to all applicable federal, state, and local laws and regulations. Void wherever prohibited or restricted by law.
To enter, submit an interesting and timely legal question – together with the name and current contact information for a suggested guest to appear on the Is That Even Legal Podcast to discuss your legal question or topic. You must email us at producer@evenlegal.com with your legal question and suggested guest information during the Contest Period. See full set of rules here. https://www.davismiles.com/is-that-even-legal-podcast-announces-law-student-scholarship-contest/

According to a recent report, 27 percent of Americans have had an office romance...and a quarter of those romances were with their boss. This despite heightened public scrutiny following a litany of high-profile sexual misconduct cases. Is that even legal?

Bob chats with a company workplace attorney Emma Chalverus to find out what's legal

Lets talk about:

COVID and the law -

restrictions
the toll on inmates
the changing courts

Criminal Justice Reform - is real change going to happen?

Marijuana Law…and what’s ahead for 2021

DON't miss this special episode with Lauren Castle, Criminal Justice Reporter for the Arizona Republic, a U.S.A. Today Affiliate. She has her finger on the pulse of these issues where it counts...with the people impacted, and the policy makers.

It's estimated that business and personal bankruptcies will be up close to 50 percent this year. 2021 could bring an even bigger wave, regardless of the election outcome or future stimulus from the government.

Some restaurants and retailers are going under, commercial and residential mortgage defaults are up significantly, in many areas of the country. Chances are, you or someone you know is impacted.

For many businesses and individuals who never considered it before, bankruptcy presents a way to survive financially.

New rules can help your company or your household emerge stronger even in the wake of a global health and financial pandemic. Bob interviews Certified Bankruptcy Specialist Pernell McGuirea lawyer and law firm Managing Partnerwho offers hope and insight for those caught in the wake of this financial storm.

McGuire is helping companies continue to operate and families continue to function, even as they manage their debt.

How many times, on all sides of the political spectrum, do you hear someone say... "IS THAT EVEN LEGAL?" ... when it comes to immigration law?

Is it simple? Is it complicated? Whatever you think of immigration law, it impacts real human beings in many ways throughout society.

In this episode, Bob talks with immigration lawyer Joshua Deere about what he sees on the front lines of immigration law every day. Some of the stories will sadden you. Some will inspire you.

The TRICKS and TREATS of an "Incentive Trust"
It's Halloween season. It is the perfect time to talk about hauntings, messages and control from beyond the grave! OOOOOOOOH!

One method of control by the unliving over we mortals can be found in the tricks and treats of an estate planning tool called an incentive trust. The use of incentive trusts became fashionable, according to experts, in the early 1990s. Today, they are as popular peanut butter cups in late October.

What is an incentive trust all about? Simply put, an incentive trust makes it so beneficiaries only get an inheritance by following the orders of their dead relatives.

Is That Even Legal?

Meet our guest, trust guru Sarah Clifford (480-733-4800; sclifford@davismiles.com) as she tells the story of Tommy Manville, who tried to outsmart the dead. Did he succeed?

Can you use estate planning to "build character?" Can the dead control the living? Come with us to the great beyond...and find out. You can also watch this episode! https://www.youtube.com/watch?v=7vA8H7icbqo

Dying can be enormously complicated. Not only can death bring sorrow, but it can also create years of confusion, cost and stress for surviving loved ones. The state controls what happens to your estate unless you take control while you can.

Probate guru and lovable host Bob Sewell becomes the guest in this episode, as attorney David Williams asks him what is EVEN LEGAL in probate.

You've been working from home...what's deductible? You withdrew some or borrowed from your IRA...will that cost you and how much?

Lets face it. There is a LOT we'd all like to "write off," about 2020. But with all the changing rules and orders and challenges, how should your tax filing change?

It might seem a little early to be thinking about it, but Bob has done some digging and found out now is a very good time to ask Is That Even Legal? As you plan your tax strategy.

Bob's guest is Kelly White, she's a lawyer and has a specialized law degree (LLM) in taxation.

What you think about DUI law is probably wrong. Meet the guy who knows. Americans, after being cooped up for months are increasingly starting to take to the roads again, and with Labor Day weekend approaching, you need to listen to Bob's interview with criminal defense attorney Russ Richelsoph for some sobering truths about what's legal!

He's the lead lawyer for futuristic self-driving vehicle company Cruise. He was President Obama's lawyer BEFORE and after the 2008 election. He foresaw the access to justice crisis. He built technology to consensus check fake news. He directs a Centre in Australia (where he was the U.S. Ambassador by the way) helping create the legal framework for societies to cope with the technology revolution we are living through and which could engulf us.

Come along for the ride as Bob and Jeff explore Will That Even be Legal in 100 years?As you venture into that future in a self-driving car...here's some reasons why you want to ride with Mr. Bleich:getcruise.commetafact.ioJeff-Bleich-CentreA2J

In one U.S. city, there is a 14 -point test to see if you violate the noise ordinance. You might be doing so, just by having a conversation! You would literally need a decibel meter to know if you're noise compliant. What do you do if your neighbor WON'T Stop Making Noise? Is that Even Legal? Bob gets the band together with attorneys Marshall Hunt, Sarah Clifford and Russell Richelsoph who share their thoughts on NOISE, and how the law applies.

The stories will shock you. Laws meant to get back ill-gotten goodies from the crimes of pirates and drug lords are now used to take property from common citizens, even from those who are not charged with crimes! To the tune of $4.5 billion annually.

Through civil asset forfeiture, federal and state-level law enforcement seize private property from owners they merely suspect are related to some criminal activity and sometimes from owners who are not suspected of criminal activity. Examples of seized property include cash, vehicles, and even homes. No charges or convictions are required for police to confiscate this property - Is That Even Legal?

Bob Interviews Paul Avelar, Managing Attorney of the Institute for Justice Arizona Office about the crazy case of an elderly couple, their son...and their car.

In this episode Bob puts on the tool belt to talk with attorney David Williams. Many of us have had the experience of hiring a contractor who didn't do the job right. Maybe they abandoned the job altogether. Is that EVEN LEGAL? On the other side of the equation, almost every contractor has had that one customer from HECK, who held them hostage in a sea of unfair and unwarranted complaints. When it comes to the law and contractors...don't DIY.! Listen in.

If there is one thing that has been brought into focus recently is that everyone needs and deserves access to justice. One of the biggest barriers to that access is cost. Some state bar associations are exploring expanded roles for non-lawyers to lower costs, and increase access, but it's unclear how and whether that will work. Jeff Bell's company, LegalShield has a different approach to bringing down costs and increasing access, and it is now is use by nearly two million people.

Divorce is messy, emotional and traumatic. Even more so when children - including future children are involved. Just ask Modern Family star Sofia Vergara, who faced a lawsuit from her own embryos. In an Arizona Supreme Court Case this year, Terrell v. Torres, the Supreme Court directed the donation of cryopreserved embryos to another couple following the parties' divorce per their contract with the fertility clinic. Is that even legal? What does it mean for future babies? Bob gets to the bottom of it with family law lawyer Spencer Schiefer.

There you are. You are worried about your bills already. Then comes the bill from the HOA. You are reminded that not paying that bill can bring a lot of trouble. You may also be reminded of all the benefits you get from belonging to a Homeowners Association. Or, you may be considering certain things your particular HOA does or doesn’t do and have always wondered...IS THAT EVEN LEGAL? Bob's guest is Allison Preston, who serves as general counsel to many Arizona Community Associations.

They quarantined Typhoid Mary back in the day because she, well, carried Typhoid. Many today are not sick, but are quarantined or sheltered in place by their governments. Bob's guest is constitutional lawyer and former Arizona Solicitor General Rob Ellman, here to discuss...Is That Even Legal?

There have been some shocking studies recently that MANY married folks are planning to get divorced as soon as COVID-19 calms down. The Great Quarantine of 2020 has proven to be a strain on even some of the best marriages. My guest is the number one divorce attorney in the country's fifth largest metropolitan area - Phoenix, Arizona. He says he's about to get really busy...BUT he has advice on how NOT to be his client. Meet Douglas Gardner, author of Amazing Intentions, the Divorce Attorney Who Wants to Save Your Marriage.

Amazing Intentions: Can A Divorce Attorney Save Your Marriage?

Financial programs to help businesses and consumers in the wake of the COVID-19 economic shutdown are underway. Find out more in this interview with Pernell McGuire, managing partner of the law firm Davis Miles McGuire Gardner.

Some businesses and individuals, despite theirs and the government's best efforts, may still need bankruptcy for a fresh start as a result of COVID-19's effects. Is that even legal? What about student loans? Rent? Mortgages? Download now.

Special Edition. The Family First Act - what's even legal now?We are all impacted by the Coronavirus in some way...and a new law that goes into effect April 2, the Families First Coronavirus Response Act, will affect many listeners.

Your host Bob Sewell explores with lawyer Scott Gibson how the act expands unemployment benefits, mandates job protected paid and unpaid leave for reasons related to coronavirus, and requires certain employers to pay emergency sick leave.

You'll want to know...is that even legal?

Video version here: https://vimeo.com/user107986343

These days you can be sued for almost anything. In order to protect their hard earned wealth, a lot of people use some kind of asset protection. What is it? Who does it? Who should do it and how? Is it legal?

Bob talks with attorney and entrepreneur John Skableund to get the deets.

We love our cats, dogs, birds and all kinds of critters we call pets. In fact, more than 65 percent of American households have a pet -- 85 million people

You can leave your estate to your kids and other humans...but what about taking care of your furry family? Is that even legal?

Bob visits with Pet Trust lawyer Sarah Clifford to sort out whether leaving money to non-humans is legal...and if so...is it only for rich people?

You see something in your news feed. Someone does something. You contemplate doing something. Then it hits you. Is That Even Legal? Welcome to the podcast that answers that question for every aspect of your life!