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.

The teen clothing chain, Aeropostale, filed for Chapter 11 protection, claiming online and fast-fashion retailers are the cause. The company expects to emerge within six months as a leaner company. It will close 113 stores in the U.S. and all 41 stores located in Canada.

“Online retailers and fast-fashion retailers such as H&M, Forever 21 and Inditex’s Zara have posed a threat to traditional apparel retailers, but American Eagle Outfitters, Inc. and Abercrombie & Fitch Co. have managed to turn around their businesses by controlling inventories and responding faster to changing fashion trends.”

The company may come out of this with restructured debt, but a long-term solution would require rethinking its brand.

Posted by Dana Domenick.

A four year old boy was riding in his aunt’s 1999 Jeep Cherokee when it was rear-ended in 2012. He was killed when the SUV burst into flames. The gas tank on this Jeep Cherokee model is located behind the rear axle which means when the truck is hit from behind, it will likely trigger an explosion. The location of the gas tank is a major flaw in the truck and caused over 75 deaths. Fiat Chrysler took action on this issue in 2013, by recalling over 1.56 million Jeep Cherokees manufactured from 1993-1998 (Associated Press).

Judge J. Kevin Chason in Decatur County, Georgia ordered $40 million in damages to the child’s family. Three fourths of the damages were given to the family for his death while the other portion was given for pain and suffering. Fiat Chrysler requested a new trial, claiming that the jury acted irrationally and their prejudice tainted the verdict. Their motion was denied by the judge (Associated Press).

I agree with the court’s decision. The engineers who built these Jeeps should have had enough knowledge to place the car’s parts at locations in which they were protected. Extensive road testing should have been conducted on every vehicle to play out every possible collision scenario to ensure that the quality of the vehicle met the highest efficiency and safety standards. This death, as well as the many others caused by this issue, could have been prevented had Fiat Chrysler took their road testing more seriously and therefore, the verdict was correct.

Dana is a psychology major with a legal studies in business minor at Seton Hall University, Stillman School of Business (minor), Class of 2017.

Posted by Dalton Soffer.

Erin Andrews, a sportscaster who has worked for ESPN and currently for FOX, was recently awarded $55 million by a Nashville jury for her civil lawsuit against a Nashville, Tennessee hotel owner and her stalker Michael David Barrett. In 2008 Barrett used a hacksaw to tamper with Andrews’ peephole and secretly video taped her while she was undressed. The video was later released on the internet, and it turned in to a nightmare for Andrews. Her privacy was taken from her and she was publicly humiliated after the video surfaced. Andrews gave an emotional testimony and sent out an emotional post on twitter saying the support she has received throughout the whole process has helped her fight to hold those accountable for whose job it is to protect everyone’s security, safety, and privacy.

Andrews originally sought $75 million in her suit however the court settled for $20 million less than that. The jury found the stalker, Barrett, was 51% at fault and was ordered to pay out $28 million, while the West End Hotel Partners, which owns and operates that Nashville Marriott at Vanderbilt University, was found to be 49 percent at fault and asked to pay out more than $26 million. The West End Hotel Partners has said that Barrett is solely responsible for his criminal actions.

In my opinion, I feel like the settlement amount was fair but I do not feel that it was properly divided between the guilty sides. Barrett was more at fault than 51%, I would say he was more like 75% at fault in this and should be ordered to pay more of the settlement.

Dalton is a business major at the Stillman School of Business, Seton Hall University, Class of 2019.

Posted by Charles Batikha.

Tamira Fonville was a Mesa Airlines employee and part time recruiter for a hair show, but these were both false lives that Fonville was leading. Fonville spent her time along the east coast from New York to Washington D.C. trying to lure women to expose their financial information by fraudulently posing as a hair show recruiter wanting to hire young women. Unfortunately, there was no show and Fonville was not a recruiter, nor an airline employee. By the end, she caught herself in an addiction she could not stop, between signing off bouncing checks and scamming women; she was bound to get caught.

Ricardo Falana was Fonville’s assistant.  Before the banks would know what was happening, they both would wipe accounts clean. Foneville would ask the girls for their bank account information, lying, saying she wanted to deposit checks into their account. Once the checks were deposited, the account would be emptied before the banks could be any wiser. For individuals that were too smart to be scammed, Tamira would offer them a piece of the pie. These individuals were even “coached” to lie to bank employees, telling them their credit cards had been stolen. The problem was the piece of the pie that they were waiting for never came. After some time, these women came forward as victims.

Young women were not the only ones that Fonville scammed. She applied for a car loan under the impression of being an employee of Mesa Airlines with a $65,000 salary. Tamira used $30,000 to pay for her Chevy Camero, plastic surgery and her New York apartment. While she was living this lavish life, Fonville also was living off food stamps, while having her student loans, totaling up to $100,000, deferred.

Tamira was arrested in August 2014, said to have profited over $200,000 from the scams. She was sentenced 15 months for conspiracy to commit bank fraud as well as 3 cases of bank fraud. Falana, Tamira’s assistant, was sentenced to 80 months after pleading guilty to similar bank fraud charges.

Charles is a graduate accounting student with a certificate in forensic accounting at the Feliciano School of Business, Montclair State University.

Posted by Kimberly Culcay.

In the article, “What Types of Legal Cases Require a Forensic Accountant,” Henry Rinder describes what a forensic accountant really is and the need for such a professional. The article discusses that there is a difference between a traditional accountant and a forensic accountant. A forensic accountant combines accounting knowledge and legal expertise to help their clients, from individuals to small and large businesses. The forensic accountant is a person that exhibits a curiosity that allows him or her to figure out if a company is hiding something. Some of the legal cases that require forensic accounting are criminal investigations, fraud, shareholder disputes, and divorce. For example, it is common in divorce cases for one party to hide assets to prevent splitting up everything they have.

In criminal investigations forensic accountants help find key elements to help law enforcement officers investigate crimes. Forensic accountants have some duties when being involved in criminal investigations, such as analyzing personal and business documents, tracing and recovering hidden assets, and tracking and reconstructing transactions and wire transfers. From the information provided above, it is easy to see that the need for forensic accountants in the field is growing rapidly. Fraud is something a traditional accountant may stumble upon in their career, but a forensic accountant is a person whose job is to detect it. As stated in the article, some of the duties forensic accountants have when helping with fraud investigations are detecting employee theft and fraud, investigating embezzlement, looking for inconsistencies in financial filings, assessing financial losses, and assisting with insurance claims and restitution orders or agreements.

Fraud falls under the investigative side of a forensic accounting because in a sense the accountant is acting as a detective. The other side of a forensic accountant is they can testify as an expert in court. Personally, I never expected for a forensic accountant to be involved in divorce cases, however if makes sense that a forensic accountant will usually assist in dividing assets and other valuables owned by one or both spouses during the marriage. Asset tracing is a key way for a forensic accountant to detect if someone has tried to conceal assets. Amongst others, some of the duties forensic accountants have helping with divorce cases are evaluating a spouse’s personal and business statements, tracing assets, debts, income, determining the value of concealed assets, ensuring equitable distribution and helping with divorce negotiations. Overall, the forensic accountant is there to help a spouse so that he or she has an opportunity for a fair and equitable distribution of the assets.

I think that with the evidence presented in this article it is evident that there is a need for forensic accountants in legal cases when it relates to finances. Forensic accounting is interesting to me because I always wanted to be a detective, but I knew that the job market was not going to consistent.  Therefore, it is exciting to find out that forensic accountants can serve the public in this way.

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

Reference: Rinder, Henry. “What Types of Legal Cases Require a Forensic Accountant.” Smolin Lupin. 7 Oct. 2014. Web. 21 Oct. 2015. .

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.

Posted by Sydney J. Kpundeh.

The famous over the counter drug Tylenol was at the center of a case that was brought before a Pennsylvania federal district court in early November. The case involved a lady who had taken Extra Strength Tylenol for many years to treat various conditions. In Mid-August of 2010, she underwent lumbar laminectomy surgery and afterwards she was instructed by her doctor to take Regular Strength Tylenol in conjunction with Lorcet, a prescription drug containing acetaminophen, but not to exceed 4 grams of acetaminophen in a 24-hour period. For approximately two weeks, she used the Regular Strength Tylenol, as instructed, until the bottle ran out, after which she began using Extra Strength Tylenol. At some point, she stopped taking the Lorcet due to its side effects. On August 29, she unfortunately was diagnosed with acute liver failure and died two days later.

After her passing, her sister filed a products liability lawsuit, “including claims for defective design and negligent failure to warn against McNeil, which manufactures the drug, and Johnson & Johnson, McNeil’s parent company.” Her sister insisted that the defendants knew that Tylenol could cause liver damage when taken at or just above the recommended dose. Also, she claimed defendants were liable for the her sister’s death because they had failed to warn her of the “risks of injury and/or death.” The defendants moved for summary judgment on the ground that the sister had not offered sufficient evidence to support her failure to warn claim.

Under the Alabama Extended Manufacturer’s Liability Doctrine, there are two factors that must be shown to find the scope of a manufacturer’s legal duty. The first is that there is some potential danger and the second is that there is a possibility of a different design to avert that danger. In this case, sufficient evidence was presented to show that the manufacturers knew or should have known that Extra Strength Tylenol could cause liver damage. The facts also showed that the manufacturers were working to find a substitute. Finally, the evidence also showed that the plaintiff’s sister died of acetaminophen-induced liver failure after taking Extra Strength Tylenol as directed.

Sydney is a political science major with a minor in legal studies at Seton Hall University, Class of 2016.

Posted by Steven Otto.

The San Francisco rating company, Yelp, is not found liable for negative reviews posted on its site. This is because it relies on ratings posted by users, not the company itself. A federal appeals court on Monday, September 12, dismissed a libel lawsuit filed against Yelp by Douglas Kimzey, the owner of a Washington state locksmith company. The 9^th U.S. Circuit Court of Appeals ruled that, under federal law, Yelp is not liable for content it gets from its users. The features of Yelp are based on users’ input and it is not content created by the company, whose site helps guide people to anything from restaurants to plumbers and much more.

The court said that Douglas Kimzey’s business received a negative review on Yelp in 2011. Kimzey claimed that the negative review was actually meant for another business, and claimed that Yelp transferred the review to his business on purpose in an attempt to extort him. He claims that Yelp was trying to force him into paying to advertise with Yelp. The appeals court said that his allegations were not substantial and that there were no facts at all supporting Yelp fabricating content under a third party’s identity. Circuit Judge M. Margaret McKeown, writing for a unanimous three-judge panel decision, said “We fail to see how Yelp’s rating system, which is based on rating inputs from third parties and which reduces this information into a single, aggregate metric, is anything other than user-generated data.”

The appeals court previously ruled under the 1996 Communications Decency Act that “websites that provide what are known as ‘neutral tools’ to post material online cannot be held liable for libelous material posted by third parties.” Kimzey’s claim that Yelp should be held liable for distributing reviews to search engines was dismissed by this act. The appeals court stated that distributing the content does not make Yelp the creator or developer of the content.

Aaron Schur, Yelp’s senior director of litigation, said the appeals court “rightly confirmed Yelp’s ability to provide a forum for millions of consumers to share their experiences with local businesses.” Kimzey said he lost 95% of his business after getting one star on Yelp and said, “If you have a one-star rating, people won’t go near it (the business). They don’t care if you’ve been in business for one week or 25 years.” Obviously upset over what had occurred to him and the ruling, Kimzey, serving as his own attorney, plans to appeal to a larger court panel.

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

Posted by Michael de Andrade.

A threat to European nations, Facebook is being seen as a social media giant who are stripping Europeans from their freedom. Facebook is being accused of “collecting digital information about people who are not its users,” by the Belgian Court’s. Many of the “Continent’s data watchdogs,” including the European Court of Justice, have been giving Facebook and other American technology companies a difficult time for the way they “gain access to, manage and use people’s digital information” because to these European “watchdogs,” Facebook is violating Europe’s strict data protection rules that preserves individual’s privacy to the same power as the “fundamental rights, such as freedom of expression.

The hearing was held in Brussels, Belgium on Monday, November 9th, where Facebook was denied the ability to “collect and store online information from people in Belgium who do not have an account with the social network” stating that Facebook did not have “individuals’ consent to gather the information.” With this decision, the Belgian Court took further action by stating that if Facebook fails to comply with the court’s decision, they’ll receive a “daily fine worth up to $270,000.” Facebook didn’t settle and in response they stated that they have used “cookies for more than five years without facing privacy complaints,” and that they are going to appeal the decision to the Belgian Court of Appeal. As the wait continues, Facebook is being further investigated by five European privacy regulators, which are from Belgium, France, Germany, the Netherlands and Spain, to see whether or not the “company’s new privacy conditions run afoul of their countries’ domestic data protection rules.”

In the end, Facebook is trying to combat these accusations by stating that only the Irish data protection authority has jurisdiction over its new privacy conditions because Facebook’s international headquarters are in Dublin. The position grew vastly in the last month after the European Court of Justice “gave national authorities greater powers over how companies like Facebook and Google store online data.” Facebook will continue to fight for what they believe are their rights, despite the judges’ ruling that the United States do not offer sufficient protection for Europeans if their data was misused by companies or by government agencies. The issue is still recently new and there are many situations yet to be settled.

Michael is a sports management major at the Stillman School of Business, Class of 2018.