BizEquity Enhances Valuation Process

Posted by Luca Aufiero.

In the article, “BizEquity Launches Online Valuation Tool for Accountants,” Daniel Hood discusses how BizEquity, an online business valuation system for businesses to be able to estimate the value of their businesses, launched a new product called Accountant Office. For accountants and advisors, this new business solution of BizEquity successfully improves the valuation process. Using a keen platform for its refined algorithms and big data knowledge, accountants and advisors will be able to provide clients with real-time awareness of what their business is really worth, more efficiently and cheaply. Accountant Office costs less than one-tenth of the average business valuation fee of $8,000. It can also deliver a valuation report in minutes compared to the average time of 3-6 weeks it takes for traditional business valuation firms to deliver a valuation. BizEquity’s business solutions help companies create, manage, and optimize its business valuations. This may revolutionize the business valuation landscape pertaining to forensic accounting as technology and data cloud services are evolving among the profession.

Currently, BizEquity is one of the world’s largest providers of business valuations, valuing more than 29.4 million companies around the globe. PrimePay, one of the nation’s biggest private payroll companies and a network of more than 10,000 accountants, will be exclusively distributing Accountant Office in the U.S. The founder and CEO of BizEquity, Michael Carter, wanted to expand the views of the capabilities that accountants are perceived at by demonstrating their value in business advisory and not just tax planning. Somewhat as their motto and the first thing that stands out on their website, reads “What’s Your Business Worth?” BizEquity conveys the importance of business valuation to owners and to those accountants and advisors who will benefit from these tools in order to better inform them. With proper valuation knowledge, companies are in a more desirable position in determining the fair value of selling a business, ability to secure financing, and striving for growth.

Luca is a BS and MS in Accounting, Forensic Certificate Program, at the Feliciano School of Business, Montclair State University. 

Reference:

Hood, Daniel. “BizEquity Launches Online Valuation Tool for Accountants.” Accounting Today. 20 Oct. 2015. Web. 20 Nov. 2015. http://www.accountingtoday.com/accounting-technology/news/bizequity-launches-online-valuation-tool-for-accountants-76144-1.html

Ex-Goldman Sachs Trader Salem Renews Fight For $5 Million

Posted by Ovais Ahmed.

An article posted on bloomberg.com talks about an appeal made by ex-Goldman Sachs trader Deeb Salem to get an extra $5 million he thinks he deserves in bonus money. He has already received $8.25 million and still wants to get more money out of his former company. I don’t understand why the trader can’t settle with the money he has already made, which is more than the average American would probably ever make. To me, it spells out nothing but greed. Salem states he helped Goldman Sachs earn $7 billion in profit and was sought after by many investment professionals in his industry. The article states:

In September, Justice Eileen Bransten denied Salem’s request to set aside a Financial Industry Regulatory Authority panel decision to dismiss his claim, and granted Goldman Sachs’s request to seal portions of the dispute with the former trader. Salem told a state appeals court in Manhattan today that the judge erred in her decision, according to a filing. Salem claimed he helped the bank earn more than $7 billion, and told the arbitration panel Feb. 25 that he was one of the most sought-after investment professionals in the mortgage industry. The panel, described by Salem’s lawyer as a ‘kangaroo court,’ didn’t let Salem call some of Goldman Sachs (GS)’ top trading executives as witnesses, resulting in a miscarriage of justice, according to his original petition.

Goldman Sachs claimed they gave Salem the opportunity to give his evidence, and followed through fully with the law in denying his award claim. Therefore, Salem has appealed the decision is continues his fight for the extra $5 million he believes he deserves due to his efforts at Goldman Sachs.

Ovais is a business administration major with a concentration in management at Montclair State University, Class of 2015.

Lifestyle Control

Research proposal posted by Jessica Thomulka.

Part One

Healthcare costs are skyrocketing in the United States. Even prior to the passing of President Obama’s Affordable Care Act, the burden on American corporations to provide healthcare to their employees was placing stress on businesses. Lifestyle control is the term given to an employer’s influence on an employee’s actions outside of the scope of their duties as an employee. Some of the most common examples of lifestyle control revolve around the preventative measures to lessen the pressure of the paying for employee medical coverage. The two most costly medical conditions are complications arising from smoking and obesity. The National Business Group on Health reports that obese employees cost employers $700 more than their average-weight employees, annually, for their healthcare. Along with healthcare, another aspect of business that employers are concerned about is productivity. In a 2002 study, the Center for Disease Control reports that productivity losses associated with workers who smoke cigarettes are estimated to be $3,400 per smoker.[1] Business owners and executives are concerned with maximizing their profits and ensuring the health of their company, and by keeping their employees healthy, they can reduce their risk of paying high medical expenses for preventable diseases. Some states like New York have passed provisions to prevent employer discrimination against an employee’s “after-hours” conduct, however there is no federal statute.

Part Two

There are both pros and cons to the idea of employers having control of the lifestyle of their employees. The stakeholders involved include the employer, the employees, the family of the employees, and even the ‘vice’ industries that the employers are safeguarding against such as the tobacco and gambling industries. The employers reap the most positive benefits out of lifestyle control provisions. They lower their cost and increase their productivity. The employees may also benefits from such provisions due to increased health, but they give up some of their freedom in the process. Some companies also impose lifestyle control upon the employee’s family if they are on the same health insurance policy so likewise, they may gain health benefits but sacrifice some of their freedom. Lastly, ‘vice’ industries suffer the most from lifestyle controls because they ultimately lose business due to embargos on acts like smoking and gambling. If enough companies impose lifestyle controls they could potentially bankrupt ‘vice’ industries.

Part Three

The biggest ethical question regarding lifestyle control is the autonomy of the employee. Should an employee be free from external control or influence by the employer? According to the United States Conference of Catholic Bishops (USCCB) there are several themes of Catholic Social Teaching.[2] Rights established in the Catholic tradition have an impact on lifestyle control. While privacy is not explicitly protected under the United States Constitution it falls under the penumbra of implied rights in the Bill of Rights due to its importance. The Catholic tradition teaches that human rights and responsibilities are at the heart of a healthy community. Within the workplace there is a basic right of workers to be respected by their employers. That is in decent wages, the right to unionize, and a productive work environment. The USCCB notes that work is more than just providing for yourself and your family because it is a way to participate in God’s work. They also suggest that a worthy measure of an institution is its ability to enhance the life of the human person. In the case of lifestyle control, Catholic Social Teaching aligns with provisions to protect the health of employees. This would support a ban on smoking and other such vices that are known to be detrimental to one’s health. If the motives behind the employer’s lifestyle controls align with what is good for society then they should be permissible under the Catholic Social Teaching.

[1] Halbert, Terry, and Elaine Ingulli. Law & Ethics In The Business Environment. 7th ed. Mason, OH: Thomson/South-Western West, 2003. Print.

[2] “Seven Themes of Catholic Social Teaching.” Seven Themes of Catholic Social Teaching. Web. 09 Mar. 2016. .

Only Congress Has the Power to Declare War

Under Article I, Section 8 of the United States Constitution, the Congress has the power to “declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water[.]”  The Founders wisely thought that the Legislature is in a better position than the President to carry out the will of the people.  Congressional debate can test the arguments for and against intervention in global problems.  Every two years members of the House are kept in check by the voters, who ought to dictate what American foreign policy should be.

James Madison, commonly referred to as “Father of the Constitution,” once said:

Of all the enemies to public liberty, war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other.  War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few.  In war, too, the discretionary power of the Executive is extended; its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds are added to those of subduing the force of the people.  The same malignant aspect in republicanism may be traced in the inequality of fortunes and the opportunities of fraud growing out of a state of war, and in the degeneracy of manners and of morals engendered by both.  No nation could reserve its freedom in the midst of continual warfare.

Under the War Powers Resolution, the President can deploy U.S. forces anywhere outside the U.S. for 180 days, provided Congress is informed in writing within 48 hours.  The executive does not need Congress to declare war for the 180 days, however, that time period cannot be extended without congressional authorization.  The President has the authority to introduce American forces into hostilities only when there is:

(1) a declaration of war

(2) specific statutory authorization, or

(3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

The Supreme Court has never reviewed the War Powers Resolution to see if it passes constitutional muster.  Although Congress will say that it has “the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer . . . [,]” the Court, however, has ruled in other cases that one branch of government cannot give power away to another.

Draft Kings, Fanduel Granted Emergency Stay to Continue in N.Y.

Posted by Stephen D’Angelo.

Just six hours after New York Attorney General placed a temporary injunction, which would stop sites like Fanduel and DraftKings from doing business in New York, an appellate court saved them by issuing an emergency temporary stay that will allow New Yorkers to continue to use Fanduel and Draft Kings until further notice. This stay will last at least till the end of the year which is likely when a permanent decision will be made, “Eventually, both sides will go before a panel of four or five appellate judges” Randy Mastro said, from an outside council for DraftKings.

The State of New York is likely to win the case because of the wording of their law on gambling. Fantasy football gambling sites commonly use the defense that they don’t take wagers, they take entry fees. In many states, this allows them to continue to do business. But, New York is stating that their penal law does not refer to “wagering” or “betting.” Instead it states that a person, “risks something of value.”

Although New York has the upper hand, the laws in place are very vague. The statement regarding risking something of value had no relation to online fantasy sports gambling when created. It was worded this general because that would include gambling bookies in a gambling law. I personally do not believe that Fantasy sports gambling will be shut down in New York. The NBA, NHL, and MLB all own equity in Fanduel and the likelihood of the 600,000 New Yorkers who play daily fantasy to not be able to in the New Year is very slim.

Stephen is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2017.

Japan Archives – Blog Business Law – a resource for business law students

Posted by Bridget Uribe.

During the summer of 2015, one of the world’s most known Japanese companies broke headlines as a top accounting scandal. Investigators found the company was overstating operating profits by at least 151.8 billion yen ($1.2 billion in U.S. dollars) between the years of 2008 and 2014. Their accounting problems primarily began from company employees understating costs on long-term projects, according to an investigation by a former top prosecutor in Japan.

The investigation also cited issues with improperly valued inventory also as the cause for the enormous overstatement of operating profits. Details of the scandal emerged when an independent investigative panel released a report describing, “Toshiba CEOs put intense pressure on subordinates to meet sales targets after the 2008 global recession.” The investigative report revealed that the CEOs did not directly instruct anyone to cook the books but rather placed immense pressure on subordinates and waited for the corporate culture to turn out the results they wanted. The investigative panel also pointed out that the weak corporate governance and a poorly functioning system of internal controls at every level of the Toshiba conglomerate didn’t mitigate or stop the inappropriate behaviors. Internal controls in the finance division, the corporate auditing division, the risk management division, and in the securities disclosure committee were not functioning properly. The accounting misconduct began under CEO Atsutoshi Nishida in 2008 due to the global financial crisis that immensely lowered Toshiba’s profitability. It continued unabated under the next CEO, Norio Sasaki, and eventually ended in scandal under Tanaka. Toshiba CEO Hisao Tanaka announced his resignation, in light of the scandal.

It has been four months since the scandal broke headlines and much new information has come to light. Since then, Toshiba has amended and restated those losses as to being more than $1.9 billion. As a consequence of the scandal, the Tokyo Stock Exchange has already designated Toshiba’s shares as “securities on alert” and fined the company $760,000 for “undermining the confidence of shareholders and investors.” In addition, Toshiba also faces the possibility of lawsuits from angry shareholders in Japan who have seen the company’s share price tumble.

Such action is already being taken in the United States, where an investor has filed a class-action lawsuit against Toshiba in June. The Rosen Law Firm representing the plaintiff has called for other Toshiba shareholders to join the suit. Despite the consequences Toshiba is facing, the one burning question has yet to be solved. Who did this? How did all this came about? How could their fraud be maintained for so long, and who should take direct responsibility?

Bridget is a graduate forensic accounting student at the Feliciano School of Business, Montclair State University, Class of 2016.

Posted by Kevin Pereira.

This past Thursday, the F.B.I. arrested Benjamin Wey at his home located in Manhattan. He was charged for “securities fraud, wire fraud, conspiracy and money laundering in an eight-count indictment unsealed in a federal court in Manhattan.” In addition, Mr. Wey had already been arrested for sexual harassment a couple months prior to this incident. Mr. Wey was making Chinese companies public in the United States using a process known as a reverse merger. To explain, a reverse merger is a way for private companies to go public by buying the “shell” of a public American company.

Mr. Wey fulfilled this fraud by involving his family members and close friends. He portrayed the Chinese companies he was taking public to be mature and prosperous so that inventors were fooled into thinking that they were successful corporations in the NASDAQ stock market. Therefore, many clueless investors were investing into these masked corporations, which were being upheld by his family members. In addition, Mr. Wey’s banker, Seref Dogan Erbek, was helping falsify the “sales, volume, demand and price of the shares of the companies they took public.” The SEC in a civil complaint charged Mr. Erbek, Mr. Wey’s wife, his sister, and two lawyers as being part of the fraudulent matter.

Mr. Wey was inflating the prices of the shares by trading them between his family and friends. By doing this, the sudden increase in price attracted many eager investors. Once Mr. Wey had an audience, he would sell the inflated shares and generate millions of dollars. The money he was making would be sent to bank accounts offshore in Japan and Switzerland. Mr. Wey’s family members would then transfer the money back into the United States, stating it was a gift.

Kevin is a marketing major at Seton Hall University, Stillman School of Business, Class of 2018.

A Shareholder’s Lawsuit May Not Be Subject to the Attorney-Client Privilege

The Delaware Supreme Court has recently handed a major blow to corporate directors and officers who believe the attorneys employed in their legal department necessarily have to keep everything under wraps.  The Indiana Electrical Workers Pension Trust Fund, a Walmart shareholder, filed suit against the directors and officers claiming they knew their employees may have been engaged in a sweeping bribery operation in Mexico.  But the company argued any communications made by its legal department is privileged and could not be disclosed for the purposes of the lawsuit.

The attorney-client privilege is a sacred one because it allows people to freely discuss their problems openly with their attorneys without fear that what they discuss can be used against them.  Courts, however, in extreme circumstances will allow a party to pierce the privilege and force an attorney to divulge these confidential communications.   Company officers have been abusing the privilege by using company attorneys to bounce-off ideas in order to concoct what may be tantamount to an illegal scheme and then shifting the responsibility to the legal department knowing that any communications have to be kept confidential.

Generally, the attorney-client privilege would have to apply in these situations, unless an employee is brave enough to be a whistle-blower.  But not everyone wants to step-up to the plate in these circumstances because, even though there are laws to protect them, whistleblowers fear the stigma that accompanies it.  Moreover, not all crimes are covered under the whistleblower laws, therefore, some nefarious conduct by corporations will go undetected.

Nevertheless, the Delaware Supreme Court articulated that the owners of the companies are really the shareholders; thus, the attorneys working in the legal department work for the shareholders. The court held the allegations made by plaintiffs Indiana Electrical Workers Pension Trust “‘implicate criminal conduct’” under the Foreign Corrupt Practices Act. The court further held that since the pension fund was a stockholder, the information “‘should be produced by Walmart pursuant to [an] exception to the attorney-client privilege.’”  As a result of the decision, the pension fund can now use the information to decide whether there was any wrongdoing.

New Mexico Secretary of State, Dianna Duran, Pleads Guilty to Fraud

Posted by Daphine Llosa.

A recent legal issue involves money laundering, embezzlement and fraud. Money laundering is a form of obtaining money illegally, usually by using transfers between banks and businesses. Embezzlement is theft or misappropriation of funds. Fraud is a wrongful deception for the purpose of attaining financial or personal gain.  On Friday, October 23, 2015 the New Mexico Republican Secretary of State, Dianna Duran, plead guilty of fraud. The state attorney general, Democrat Hector Balderas, filed 65 charges against Ms. Duran in August 2015 which included; fraud, embezzlement, money laundering and campaign finance violations. Investigations revealed that she used about $13,000 of the donations from her campaign to clear gambling debt around the state and to cover other personal matters. In order to hide the transfers to personal accounts, Ms. Duran altered the campaign finance reports. Ms. Duran had a hearing with her defense lawyer, Erlinda Johnson, and after refusing multiple times from leaving office she resigned. According to the New York Times, in hopes that she can receive five years of probation and get spared prison time, Ms. Duran pled guilty to six out of the sixty-five charges; four misdemeanors and two felonies. She stated that for her best interests, her loved ones and for all of New Mexico’s residents; she will be seeking for professional help due to her non-ethical and corrupt actions.

It had been a little over 80 years since New Mexico had a Republican serve as secretary of state. She ranked as the second highest elected official in New Mexico, where she served as state senator prior to becoming the 24th Secretary of State. Susana Martinez, Governor of New Mexico, received the resignation letter provided by Ms. Duran, which stated; ‘Although I may be leaving office, I shall always reflect upon the last 36 years of service, honored to work with you and other, serving the citizen of New Mexico.’ As of today, deputy secretary of state, Mary Quintana is fulfilling Ms. Duran’s place until the governor chooses who will be replacing her until the upcoming election in 2016. Any further and additional details or information regarding Ms. Duran’s replacement or charges will be released in the coming weeks. The degree of punishment and the formal legal consequences applied to Ms. Duran is scheduled to be on December 14, 2015.

Daphne is a graduate student in accounting with a Certification in Forensic Accounting, at the Feliciano School of Business, Montclair State University, Class of 2016.

Bill Bans Imports of Slave-Produced Goods

The President signed into law a bill passed by Congress banning U.S. imports of “fish caught by slaves in Southeast Asia, gold mined by children in Africa, and garments sewn by abused women in Bangladesh.” The law closes a loophole in an 85-year-old tariff law which allowed these products to be sold.

Due to high demand of certain products, the previous law allowed these goods to be sold in the U.S. regardless if they were produced by slave labor. Sen. Sherrod Brown has pressed U.S. Customs to make sure the law is enforced.  He said, “It’s embarrassing that for 85 years, the United States let products made with forced labor into this country, and closing this loophole gives the U.S. an important tool to fight global slavery.”

TV Archives – Blog Business Law – a resource for business law students

Posted by Chase Mulligan.

On October 21, 2016 a coordinated distributed denial-of-service attack (DDoS) was made on internet systems operated by Domain Name Systems (DNS) provider Dyn resulting in massive disruption of internet services across the United States and Europe. Internet services along most of the east coast, west coast, and southern parts of the country were affected. The cyber-attack has been called an “historic attack”; (flashcritic.com) the first robot-based digital assault using the Internet of Things that linked millions of on-line devices in a coordinated operation. This tactic uses a novel approach of manipulating electronic devices connected to the Internet of Things for the attack capitalizing on the weak security of these devices and raising the question of responsibility and liability.

Anonymous and New World Hackers using recently released malicious software (malware) called Mirai, created a robot network for the attack. The significant aspect of the attack is the use of the Mirai botnet code to take control of devices that are used on what is called the Internet of Things. These devices are electronic devices not directly connect to computers but are connected through the internet and include such items as webcams, smart TV’s, routers, security cameras, DVRs, and similar devices. By using these electronic devices the hackers were able to take control of a virtual army of attackers. While the multiple attack across multiple directions is considered sophisticated, the actual use of the electronic devices is considered uncomplicated. Many of the compromised electronic devices are used by homes or small business and often lack security capabilities or contain elementary security that is easily compromised. The hackers had little difficulty installing the Mirai malware and taking control of the devices when needed for the attack.

Security organizations are taking measures to identify the comprised devises and developing ways to combat the Mirai command and control system. However, the cost and potential liability for placing unsecured or poorly security protected electronic devices on the Internet of Things is a looming question. If someone or a company experiences a significant loss of money, compromise of data, or destruction of assets; who is liable? Surely the hackers, but are the companies that market poorly or non-secure smart electronic devices; is the person or concern that uses the devices responsible, jointly or wholly? An area of Cyber-law is now in the making.

 Chase is a finance and marketing major at the Stillman School of Business, Seton Hall University, Class of 2019.

Posted by Chase Mulligan. 

On October 21, 2016 a coordinated distributed denial-of-service attack (DDoS) was made on internet systems operated by Domain Name Systems (DNS) provider Dyn resulting in massive disruption of internet services across the United States and Europe. Internet services along most of the east coast, west coast, and southern parts of the country were affected. The cyber-attack has been called an “historic attack”; (flashcritic.com) the first robot-based digital assault using the Internet of Things that linked millions of on-line devices in a coordinated operation. This tactic uses a novel approach of manipulating electronic devices connected to the Internet of Things for the attack capitalizing on the weak security of these devices and raising the question of responsibility and liability.

Anonymous and New World Hackers using recently released malicious software (malware) called Mirai, created a robot network for the attack. The significant aspect of the attack is the use of the Mirai botnet code to take control of devices that are used on what is called the Internet of Things. These devices are electronic devices not directly connect to computers but are connected through the internet and include such items as webcams, smart TV’s, routers, security cameras, DVRs, and similar devices. By using these electronic devices the hackers were able to take control of a virtual army of attackers. While the multiple attack across multiple directions is considered sophisticated, the actual use of the electronic devices is considered uncomplicated. Many of the compromised electronic devices are used by homes or small business and often lack security capabilities or contain elementary security that is easily compromised. The hackers had little difficulty installing the Mirai malware and taking control of the devices when needed for the attack.

Security organizations are taking measures to identify the comprised devises and developing ways to combat the Mirai command and control system. However, the cost and potential liability for placing unsecured or poorly security protected electronic devices on the Internet of Things is a looming question. If someone or a company experiences a significant loss of money, compromise of data, or destruction of assets; who is liable? Surely the hackers, but are the companies that market poorly or non-secure smart electronic devices; is the person or concern that uses the devices responsible, jointly or wholly? An area of Cyber-law is now in the making.

Chase is a finance and marketing major at the Stillman School of Business, Seton Hall University, Class of 2019.

Posted by Maleesha Silva.

Katy Perry, Billy Joel, and Rod Stewart etc. have asked the United States government to “amend parts of the 1998 Digital Millennium Copyright Act” (Shaw). Some have filed a brief stating what they see is wrong with the law. Parts of the law allow people that use YouTube to upload music without permission from the artist. According to Bloomberg.com, “Revenue from such services increased 29 percent last year” (Shaw).  The artists feel that their music is essentially being stolen due to the fact that they do not receive money, however, instead the websites receive the revenue through advertising.

According to the artists, because YouTube allows users to upload music without permission from the artist, the artist loses money. This is due to the fact that because the music on YouTube is available for free, there is no purchase that needs to be made. Similarly, BloombergTechnology reports in the TV industry there was an attempt to create a law “intended to curtail online copyright infringement” (Shaw).  However, this attempt ultimately ended up failing, and no law on the issue was passed.

Maleesha is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2019.

Posted by Arleen Frias-Arias.

According to NPR News.com, Ocwen Mortgage, who has been tasked by FDIC (Federal Depose Insurance Corporation) and US Department of Treasury to assist consumers that are delinquent in their mortgages, is being sued. New York State’s top financial regulator has launched an investigation into Ocwen’s practices as it turns out they are finically hurting home-owners, not helping them get out of foreclosure.

The gist of the article is that Ocwen committed fraud by preparing mortgage documents particularly on what is called a loan modification, which is a legal contract prepared to adjust the payments of loan borrowers who could not make their payments due to hardship. They are also accused of not posting payments already in their possession from borrowers until past the payment due date, deliberately causing homeowners to become late and incur fees.

In my opinion, more needs to be substantiated by regulators to determine if this was widespread, because Ocwen seems to have a reputation of consistently not adhering to the law.

Arleen is a marketing and communication/TV production major at Montclair State University, Class of 2018.

Posted by Arleen Frias-Arias.

After reviewing an article posted December 16, 2014 by Madeline Boardman for Us Magazine, I found interesting the development of this case. A singer named Mitsou is suing singers and celebrities Beyoncé and Jay Z, for mismanagement and stealing. The Hungarian singer has a song called “Bajba, Bajba Pelem,” which allegedly Beyoncé and her team took from her song and sampled Mitsou’s vocals for the single “Drunken in Love.”

The interesting part is that Mitsou has never exactly signed papers that would permit anyone to use her voice for any type of use, including trade purposes. According to New York Post’s Page Six, the voice of Mitsou was manipulated for sexual erotica purposes without her permission. According to Mitsou her voice is featured in the overall song for about 1.5 minutes. This could be a huge problem for Jay-Z’s company and Beyoncé as an artist, because after hearing both sides and songs, there is a huge similarity between songs.

In my opinion, this case will require plenty of experts to prove the guilty actions of singer Beyoncé and Jay-Z. Even though the song only has a couple seconds of the actual voice of Mitsou, there are heavy accusations being made. Beyoncé has not yet commented on the situation but I think in this situation is where we bring in copyrights and hard evidence to prove statements.

In enforcing copyrights against the defendant there needs to be a letter of warning, enlisting the acts of infringements. Now since there were not any responses by the infringing party, legal actions are acceptable at this point. According to John Hornick of Finnegan.com, the business law rules most copyrights depend on is whether or not the copyright was even registered with the United States at the time of the defendants acts.

I believe Mitsou will have to file a copyright infringement lawsuit seeking compensatory harms. This situation is a very sensitive especially if Beyoncé is found liable; there could be over thousands of dollars probably billions returned to Mitsou for her work being unfairly taken without permission.

Arleen is a marketing and communication/TV production major at Montclair State University, Class of 2018.

Posted by Chris Widuta.

Did you ever stop to notice how busy life can be? Either you’re on your way to your parents, maybe going to class that meets twice a week during rush hour, or off to the gym to see your friends. Life got busy really quickly for me and I am still managing to handle the responsibilities that come with it, which includes bills, an apartment, a relationship, and most importantly my future.

On a Wednesday at nine o’clock in the morning, I was headed down the highway doing a steady 20-mile per hour in light traffic. I was headed to meet with my college professor to discuss statistics before the final examination. The entire drive was very smooth with no one cutting me off. At the same time, I thought the slow moving traffic would make for a great time to multitask. Isn’t it true that more and more people getting more done by doing two things at the same time? Walking and talking is more than simply talking, obviously. For me, that Wednesday morning I was working with my television provider to opt-out of the TV service I thought I didn’t need. Cable is expensive and those types of calls are stages of perpetual holds. I was multitasking.

I was just a few feet away from my exit, blinker on, driving with both hands on the wheel, using my cell phone by holding it with my shoulder. The state trooper was already conducting his business that morning in the emergency lane, when he turned and saw me, communicating. I thought nothing of it as I knew I was within the law. I continued to proceed off my exit, slowly accelerating since traffic was clearing up and all of a sudden, red and blue lights jumped right into my rear-view mirror. This trooper was able to do two things at once, too! The amount of time it took him to leave that scene and open another had to be less than 30 seconds, and quite frankly I was impressed.

He pulled me over and asked for all the necessary documents. I always ask why I was pulled over, because I know that by most tickets are written by the discretion of the officer. He stated that I was on my phone and quite frankly I agreed. I was on my phone, and I stated to him that I was not holding it in my hand. I stated that I had both hands on the wheel, and I asked the officer if he saw me holding the wheel with both hands, at the 10 and 2 position. I believed that if he was able to see my head and phone, he must have been able to see both hands, which would be unmistakable, being about chin level from his vantage point.

At this point, the officer started to look like a State Trooper. He had the hat and was very serious, more serious than a local police officer. I knew that he had to be in a bit of a hurry when he gave me my insurance and registration back immediately and held my license. The trooper then stated that it didn’t matter how I was holding the phone, but the fact that I was on my phone was worthy of a ticket and illegal. I didn’t make a fuss of it and proceeded to my stats lesson.

It took me only a few minutes to research the most recent statue description for 39:4-97.3, or “Operation of a motor vehicle while using cell phone.” The statue number was right on the ticket, and a quick Google search pulled up some results. I proceeded to the 215th Legislature because that lead to the most recent additions to the law. I know how important it is to know current law rather than outdated information from the Internet. After reading through the entire statute, I came up for air and formed a judgment. The statute clearly stated in Article 2 Section 1: “The use of wireless telephone . . . device by an operator of a moving vehicle on a public road or highway shall be unlawful except when the telephone is hands-free wireless telephone or the electronic communication device is used hands-free.” That line right there gave me great hope that I was within the law, and hope that my day in court I could prove that. I was mentally preparing for a trial, pro se.

My first appearance in Municipal Court came 11 days later. Due to the fact that the situation was minor, and really only a monetary fine, I knew that the “ball was in my court.” You see, most municipal courts just love these kinds of evenings. People who are “money right and time poor” just plead guilty, pay the fine, and go on with life. The municipal court makes hundreds of thousands of dollars on these court nights, especially since the average fine that night was around $290 a person. These fines are like a tax on a poor decision.

This situation is the exact opposite. I am a student with a part time job, 15 credits, and financially responsible, who has some extra time to save some money. The fine was $200, a pretty large amount, and something I couldn’t lose. I was charged to go in with the prosecutor and plead my case. The first step I took was to sit down with the prosecutor and told him I plead, not guilty. He told me that by pleading not guilty I would request to have a trial, acting pro se. The prosecutor aggressively asked me if I was ready for “trial” as if it was a big and scary event. Of course, I knew this meant a trial so I was prepared. I also told him that I would be sending an “order” for discovery, which was my Constitutional right. He repeated what I said in a joking manner as if I was doing something wrong, but I confirmed that was what I wanted and thanked him for his time. I proceeded to sit down in the court room, second row from the font. I chose the second row because I wanted the judge to see my face and I wanted to be in the right position to hear the lawyers around me and the cases being presented that night. It was important to hear everything that was said because I was going to eventually head to the bench.

I took notes, studied, and remembered what the judge and prosecutor said for over 4 hours before I had the chance to speak. They called my case. The judge read the statute, told me the fine, and asked how I plead. After a moment or two of silence, I clearly stated “not guilty.” I may have been trembling a little on the inside, but it was important that he heard no wavering in my voice. The judge stated that I should prepare for a trial, but included a certain lead that gave me great hopes; the judge said, “If that phone was in your hand, you’re breaking the law.” I thanked him, and listened to him say that I would be getting a trial date. I walked out of the court room almost 5 hours later.

I quickly wrote up an request for the prosecutor. This official letter included my summons number, the date and who I was. In the order, I reminded him that it was my constitutional right for this discovery. I asked for all recordations of the interaction, including but not limited to, officers notes, audio, and dash cam video.

Preparing for the case was a matter of determining what facts were going to be most important to getting the charges dismissed. It was imperative that I used the officer’s comments against statute and the judge’s interpretation of the law. I truly believed that I was within the law, so it was relatively easy to find good reasons to throw this charge out. It was also clear to me that I would be making decisions based on political decisions; to be exact, I realized that the courthouse was making a bet that the State Trooper would be a witness and testify, but more on that later.

Weeks went by and a discovery packet was never sent. It was the day before the trial date and I called the courthouse to speak with the court clerk. I had told her I have not received discovery and asked for a new date. She said that she could not give one and trial will still go on tomorrow. This was actually good news. Because it is my Constitutional right to have discovery, I knew that the court would not judge against me, and at this point, the worst that could happen would be a new trial date. I could live with that.

I appeared to the court house dressed well. I went to the prosecutor’s office to speak with him, mainly on the fact that I have not received discovery. He was surprised to hear that I sent an request and he never received it. I reminded him of his words and what address to use. He also included a very important hint of what was to come. The prosecutor told me that the witness, the trooper, was not at the trial. This means that the only witness that the State has did not show up! I knew my rights under the Confrontation Clause of the 6th Amendment that, “in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.” These new facts greatly swayed my emotions to believe that I had a chance to get this dismissed that night. I was excited to sit in the court room.

Surrounded by lawyers, I was attentive and engaged. Every poor soul that stood up there took the charge and paid the fine. I prepared and thought of a response for what I would say for every one of the questions that the judge asked. Many other people had trials that day, and most if not all led the accused to lose their case. I did not give up hope, as I knew I had a different tactic. Instead of arguing the law, I planned to argue why the rules of the court should sway the judge to dismiss this case. They called my name and I felt much more confident this time around. All the possible scenarios played through my head already and I was ready.

The judge read the charge as I laid my papers on the table. Before I looked up, the judge quickly and effortlessly offered to cut the fine in half. This was completely arguable, I thought to myself. I said was that I was not granted my Constitutional right because I did not receive discovery. Before he said anything, I handed the officer a copy of the letter I sent to the prosecutor. He read it and asked a few questions about what I was requesting. The judge specifically asked how I knew that the interaction with the officer was recorded. Quite frankly, I assumed that it was recorded, I didn’t know for a fact, but I didn’t let him know that. I answered his question by referring to the fact that this was a state trooper and I believed the State installed video long ago, and how important it is to have video for more important interactions. He proceeded to ask about recordations, which I also requested.

The prosecutor followed up with a statement that the officer, who was their sole witness, was not present. He asked if it would be okay to reschedule for another date. I quickly returned his comment by asking for a dismissal. The judge rebutted with some guilt tripping remarks, including that ever since 9/11, State Troopers are very busy, and that certain arrangements for special occasions are required. I wasn’t going to fall for this guilt trip. It is important for the witness to be present at any trial, especially this one. I responded with the fact that this was a trial and asked if a trial is important enough to request their witness to be present. I also stated that he should have been subpoenaed for the trial. The judge did not respond. I asked to kindly accept my motion for a dismissal.

After what seemed to be an eternity, the judge looked up and said, “Case dismissed.” His words were truly the most relieving and gratifying two words I could have possibly heard. All of the hard work and time I put in to this exercise, not only saved me the $200 fine, but I confirmed to myself that I could stand up to my opponents and be victorious. The best part of this was, I didn’t even have to argue the law, I used the law in my favor and the judge nor could the prosecutor do anything to stop me.

Chris is a business administration major with a concentration in management of information technology at Montclair State University, Class of 2016.

Posted by Chris Widuta.

Did you ever stop to notice how busy life can be? Either you’re on your way to your parents, maybe going to class that meets twice a week during rush hour, or off to the gym to see your friends. Life got busy really quickly for me and I am still managing to handle the responsibilities that come with it, which includes bills, an apartment, a relationship, and most importantly my future.

On a Wednesday at nine o’clock in the morning, I was headed down the highway doing a steady 20-mile per hour in light traffic. I was headed to meet with my college professor to discuss statistics before the final examination. The entire drive was very smooth with no one cutting me off. At the same time, I thought the slow moving traffic would make for a great time to multitask. Isn’t it true that more and more people getting more done by doing two things at the same time? Walking and talking is more than simply talking, obviously. For me, that Wednesday morning I was working with my television provider to opt-out of the TV service I thought I didn’t need. Cable is expensive and those types of calls are stages of perpetual holds. I was multitasking.

I was just a few feet away from my exit, blinker on, driving with both hands on the wheel, using my cell phone by holding it with my shoulder. The state trooper was already conducting his business that morning in the emergency lane, when he turned and saw me, communicating. I thought nothing of it as I knew I was within the law. I continued to proceed off my exit, slowly accelerating since traffic was clearing up and all of a sudden, red and blue lights jumped right into my rear-view mirror. This trooper was able to do two things at once, too! The amount of time it took him to leave that scene and open another had to be less than 30 seconds, and quite frankly I was impressed.

He pulled me over and asked for all the necessary documents. I always ask why I was pulled over, because I know that by most tickets are written by the discretion of the officer. He stated that I was on my phone and quite frankly I agreed. I was on my phone, and I stated to him that I was not holding it in my hand. I stated that I had both hands on the wheel, and I asked the officer if he saw me holding the wheel with both hands, at the 10 and 2 position. I believed that if he was able to see my head and phone, he must have been able to see both hands, which would be unmistakable, being about chin level from his vantage point.

At this point, the officer started to look like a State Trooper. He had the hat and was very serious, more serious than a local police officer. I knew that he had to be in a bit of a hurry when he gave me my insurance and registration back immediately and held my license. The trooper then stated that it didn’t matter how I was holding the phone, but the fact that I was on my phone was worthy of a ticket and illegal. I didn’t make a fuss of it and proceeded to my stats lesson.

It took me only a few minutes to research the most recent statue description for 39:4-97.3, or “Operation of a motor vehicle while using cell phone.” The statue number was right on the ticket, and a quick Google search pulled up some results. I proceeded to the 215th Legislature because that lead to the most recent additions to the law. I know how important it is to know current law rather than outdated information from the Internet. After reading through the entire statute, I came up for air and formed a judgment. The statute clearly stated in Article 2 Section 1: “The use of wireless telephone . . . device by an operator of a moving vehicle on a public road or highway shall be unlawful except when the telephone is hands-free wireless telephone or the electronic communication device is used hands-free.” That line right there gave me great hope that I was within the law, and hope that my day in court I could prove that. I was mentally preparing for a trial, pro se.

My first appearance in Municipal Court came 11 days later. Due to the fact that the situation was minor, and really only a monetary fine, I knew that the “ball was in my court.” You see, most municipal courts just love these kinds of evenings. People who are “money right and time poor” just plead guilty, pay the fine, and go on with life. The municipal court makes hundreds of thousands of dollars on these court nights, especially since the average fine that night was around $290 a person. These fines are like a tax on a poor decision.

This situation is the exact opposite. I am a student with a part time job, 15 credits, and financially responsible, who has some extra time to save some money. The fine was $200, a pretty large amount, and something I couldn’t lose. I was charged to go in with the prosecutor and plead my case. The first step I took was to sit down with the prosecutor and told him I plead, not guilty. He told me that by pleading not guilty I would request to have a trial, acting pro se. The prosecutor aggressively asked me if I was ready for “trial” as if it was a big and scary event. Of course, I knew this meant a trial so I was prepared. I also told him that I would be sending an “order” for discovery, which was my Constitutional right. He repeated what I said in a joking manner as if I was doing something wrong, but I confirmed that was what I wanted and thanked him for his time. I proceeded to sit down in the court room, second row from the font. I chose the second row because I wanted the judge to see my face and I wanted to be in the right position to hear the lawyers around me and the cases being presented that night. It was important to hear everything that was said because I was going to eventually head to the bench.

I took notes, studied, and remembered what the judge and prosecutor said for over 4 hours before I had the chance to speak. They called my case. The judge read the statute, told me the fine, and asked how I plead. After a moment or two of silence, I clearly stated “not guilty.” I may have been trembling a little on the inside, but it was important that he heard no wavering in my voice. The judge stated that I should prepare for a trial, but included a certain lead that gave me great hopes; the judge said, “If that phone was in your hand, you’re breaking the law.” I thanked him, and listened to him say that I would be getting a trial date. I walked out of the court room almost 5 hours later.

I quickly wrote up an request for the prosecutor. This official letter included my summons number, the date and who I was. In the order, I reminded him that it was my constitutional right for this discovery. I asked for all recordations of the interaction, including but not limited to, officers notes, audio, and dash cam video.

Preparing for the case was a matter of determining what facts were going to be most important to getting the charges dismissed. It was imperative that I used the officer’s comments against statute and the judge’s interpretation of the law. I truly believed that I was within the law, so it was relatively easy to find good reasons to throw this charge out. It was also clear to me that I would be making decisions based on political decisions; to be exact, I realized that the courthouse was making a bet that the State Trooper would be a witness and testify, but more on that later.

Weeks went by and a discovery packet was never sent. It was the day before the trial date and I called the courthouse to speak with the court clerk. I had told her I have not received discovery and asked for a new date. She said that she could not give one and trial will still go on tomorrow. This was actually good news. Because it is my Constitutional right to have discovery, I knew that the court would not judge against me, and at this point, the worst that could happen would be a new trial date. I could live with that.

I appeared to the court house dressed well. I went to the prosecutor’s office to speak with him, mainly on the fact that I have not received discovery. He was surprised to hear that I sent an request and he never received it. I reminded him of his words and what address to use. He also included a very important hint of what was to come. The prosecutor told me that the witness, the trooper, was not at the trial. This means that the only witness that the State has did not show up! I knew my rights under the Confrontation Clause of the 6th Amendment that, “in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witness against him.” These new facts greatly swayed my emotions to believe that I had a chance to get this dismissed that night. I was excited to sit in the court room.

Surrounded by lawyers, I was attentive and engaged. Every poor soul that stood up there took the charge and paid the fine. I prepared and thought of a response for what I would say for every one of the questions that the judge asked. Many other people had trials that day, and most if not all led the accused to lose their case. I did not give up hope, as I knew I had a different tactic. Instead of arguing the law, I planned to argue why the rules of the court should sway the judge to dismiss this case. They called my name and I felt much more confident this time around. All the possible scenarios played through my head already and I was ready.

The judge read the charge as I laid my papers on the table. Before I looked up, the judge quickly and effortlessly offered to cut the fine in half. This was completely arguable, I thought to myself. I said was that I was not granted my Constitutional right because I did not receive discovery. Before he said anything, I handed the officer a copy of the letter I sent to the prosecutor. He read it and asked a few questions about what I was requesting. The judge specifically asked how I knew that the interaction with the officer was recorded. Quite frankly, I assumed that it was recorded, I didn’t know for a fact, but I didn’t let him know that. I answered his question by referring to the fact that this was a state trooper and I believed the State installed video long ago, and how important it is to have video for more important interactions. He proceeded to ask about recordations, which I also requested.

The prosecutor followed up with a statement that the officer, who was their sole witness, was not present. He asked if it would be okay to reschedule for another date. I quickly returned his comment by asking for a dismissal. The judge rebutted with some guilt tripping remarks, including that ever since 9/11, State Troopers are very busy, and that certain arrangements for special occasions are required. I wasn’t going to fall for this guilt trip. It is important for the witness to be present at any trial, especially this one. I responded with the fact that this was a trial and asked if a trial is important enough to request their witness to be present. I also stated that he should have been subpoenaed for the trial. The judge did not respond. I asked to kindly accept my motion for a dismissal.

After what seemed to be an eternity, the judge looked up and said, “Case dismissed.” His words were truly the most relieving and gratifying two words I could have possibly heard. All of the hard work and time I put in to this exercise, not only saved me the $200 fine, but I confirmed to myself that I could stand up to my opponents and be victorious. The best part of this was, I didn’t even have to argue the law, I used the law in my favor and the judge nor could the prosecutor do anything to stop me.

Chris is a business administration major with a concentration in management of information technology at Montclair State University, Class of 2016.