Is That Even Legal?

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. read less
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Can We Please Curtail The Corruption?
30-10-2023
Can We Please Curtail The Corruption?
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-dd447fa50d4e67b963f59de42fe5dc3fhttps://apnews.com/article/sports-legal-proceedings-scandals-brett-favre-mississippi-d0ae88cc6727fd74b4686fb09d9e7dcc
Blindsided By a Conservatorship? What a movie can teach you...
02-10-2023
Blindsided By a Conservatorship? What a movie can teach you...
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.
Hardship for Who? Religious Accommodation at Work...What The Supreme Court Decision Means for You...
14-08-2023
Hardship for Who? Religious Accommodation at Work...What The Supreme Court Decision Means for You...
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. Although the USPS does not deliver mail on Sundays, it does have a contract to deliver packages for Amazon, which includes Sunday deliveries. The USPS sought co-workers to voluntarily cover Groff's Sunday shifts and imposed progressive discipline for his absences. Eventually, Groff resigned."He lost his lawsuit twice, with lower courts ruling that the Postal Service accommodating his Sunday off would cause undue hardship for his employer and co-workers. However, the Supreme Court had a different perspective.Justice Alito wrote: "A hardship that is attributable to employee animosity towards a particular religion, to religion in general, or to the very notion of accommodating religious practice, cannot be considered undue. Bias or hostility towards a religious practice or accommodation cannot supply a defense."Employers, take note: Your bar for religious accommodation may have just been raised significantly.Delve into the intricate world of employment law with our guest, Jennifer Wasserman, an authority in the field, as we dissect landmark decisions and their profound implications for religious accommodation in the workplace. Ever wondered how the 1964 Civil Rights Act is interpreted in the context of religious accommodation? You're about to get the details.In this insightful discussion, Jennifer and your affable, unique host Bob Sewell analyze the Supreme Court case of Groff v. United States Postal Service, revealing the layers of legal expectations for employers. We also highlight the role of seniority systems in shift changes and the concept of 'reasonable accommodation.'
Pet Waste Pandemic - Suing over poo. Unleashing law enforcement.
19-06-2023
Pet Waste Pandemic - Suing over poo. Unleashing law enforcement.
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
Are the Robots Invading Your Privacy?
22-05-2023
Are the Robots Invading Your Privacy?
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.
Can The State Keep Your Kids Off Social Media?  Should it?
01-05-2023
Can The State Keep Your Kids Off Social Media? Should it?
From Politico: There have been 27 different bills proposed across 16 states pushing for kids’ privacy and safety regulations by February of this year, according to analysis from the Future of Privacy Forum. Many of these bills share similarities, like banning targeted advertising to children, or banning addictive designs from social networks. Numerous states are taking up kids’ online safety bills this year, a handful are including parental oversight requirements as part of their strategy. Lawmakers in Maryland and California have proposed such regulation. Utah last month wrote it into law.But, in trying to protect children by requiring  that their parents oversee their social media use...and requiring that socials ASK children to prove they are children...thereby divulging private information...are the laws designed to protect minors actually going to infringe on the privacy of those minors?Bob wanted to know!   He invited Romaine Marshall, one of the country's top cybersecurity and privacy lawyers to join the show...Romaine happens to be HQ'd in Utah...and has been a dad to a teenager...who best to ask about these types of laws...and what they mean for privacy going forward.BUT WE COULDN'T STOP THERE...Because computers control everything in our society...from power grids to watersheds to traffic systems...cybersecurity is critical to our country's safety...and Romaine has been busy protecting  the world from bad hackters...listen in.
Taylor Swift Fans Sue Ticketmaster Over Ticket Pricing! Could it lower ALL concert prices?
10-04-2023
Taylor Swift Fans Sue Ticketmaster Over Ticket Pricing! Could it lower ALL concert prices?
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.
Are Grand Juries that Grand? When They Get it Wrong...
05-12-2022
Are Grand Juries that Grand? When They Get it Wrong...
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