Missouri Appeals Court Vacated $72 Million Award

In February 2016, a jury awarded a woman $10 million in compensatory damages and $62 million in punitive damages in a suit against Johnson & Johnson for causing her cervical cancer.  She died in 2015 after prolonged use of baby powder made by the company.

In its ruling vacating the judgment, the appeals court cited a recent Supreme Court ruling disallowing lawsuits in states where the plaintiff is not a resident and where the injury did not occur.  The plaintiff in this case is from Alabama and sued in Missouri.

“Jim Onder, who is representing many plaintiffs in the lawsuits, has argued that Missouri is a proper jurisdiction because Johnson & Johnson packages and labels some products in Missouri.”  According to the article, most research indicates talc, which is a soft mineral, has a minimum correlation to ovarian cancer.  In other lawsuits, jurors awarded plaintiffs more than $300 million combined, and the company intends to have all these rulings overturned.

Jail for Landlord – Tax Fraud

Posted by Abdullah Almohammadi.

51-year-old Steven Croman is a landlord with more than 141 apartment buildings in Manhattan. In 2016, was arrested for the allegations of obtaining loans fraudulently and committing tax fraud. Croman pleaded guilty for giving false business records, grand larceny, and criminal tax fraud. He was sentenced to one year jail and a five million fine.

The case came from the investigation of the allegations that Mr. Croman was harassing his tenants. He was alleged that he pushed rent-regulated out of their apartments. He also withheld the state payroll taxes to earn a bonus for forcing the rent-regulated tenants.

He was taken to court on Tuesday but declined to address the court. Justice Jill made a judgment stating that he was given time in jail to think about the people he has harmed. As he left the court in handcuffs heading to prison, an elderly tenant, Carol, stated that his apartment was in bad condition since Mr. Croman had refused to clean the apartment. Another elderly tenant by the name Cynthia suggested that the public ought to be protected from such a person as Croman forever. This indicated that Mr. Croman should have life jail term. On the other hand, Mr. Croman lawyer believes that Mr. Croman will behave appropriately in jail which will make him be released after eight months instead of one year.

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

Source:

http://www.foxbusiness.com/features/2017/10/03/nyc-landlord-sentenced-to-year-in-fraud-case.html

Takata’s Faulty Air Bag

Posted by Xiangni Meng.

There have been at least 16 deaths caused by a ruptured Takata air bag inflator worldwide. The first U.S. death report of a Takata inflator is a 17-year-old high school senior, who died in Texas in a moderate speed crash. The most recent death in the United States was confirmed by U.S. safety regulators. A 50-year-old California woman died in a Honda Civic that was first recalled in 2008 because of a defective airbag.

The problem is that “[t]he defective air bag inflators deploy with too much force sending metal fragments flying.” This accident spurned the search and recall for noncompliant vehicles. This deficiency covers more than 60 million air bags in vehicles from BMW, Ford, Honda, Tesla, Toyota, and 12 other corporations. That is one of every five cars on the road in the U.S. The biggest recall could affect more than 100 million vehicles around the world.

Actually, about 11.4 million inflators in the United States have been fixed, while more than 20 million were left unrepaired. Takata spokesman Jared Levy said the “tragedy underscores the importance of replacing those airbag inflators that have been recalled by automakers.” However, owners can be difficult to find. Even Honda has mailed letters, placed Facebook ads, made telephone calls, and in some instances visited owners, but some owners just refuse to get it repaired. “Safety advocates have called for laws banning the sale of any vehicle until recall repairs are made, or a national requirement that recalls be done before license plates can be renewed.” Spokesman Bryan Thomas said, The U.S. National Highway Traffic Safety Administration (NHTSA) doesn’t have legal authority to order those recalling steps.

A Senate investigation and personal injury litigation have turned up company documents suggesting that Takata executives ignored their own employees and hid the potential danger from Honda, their biggest customer, as well as from U.S. regulators. It is said Takata is seeking a financial investor to help pay for huge liabilities from the world’s biggest auto recall. Also, Takata could face $200 million fine over faulty airbags.

Xiangni is a marketing major at the Stillman School of Business, Seton Hall University, Class of 2017.

Sources:

http://www.nytimes.com/aponline/2016/10/29/business/ap-us-air-bag-danger.html?src=busln

http://fortune.com/2016/10/21/takata-air-bag-deaths/

http://www.bloomberg.com/news/features/2016-06-02/sixty-million-car-bombs-inside-takata-s-air-bag-crisis

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

Posted by Chenglu Xia.

In his article, “Bitcoin Will Be Taxed as an Asset: Israel Tax Authority,” Samburaj Das states that Israel government will have a new regulation on cryptocurrency. The official tax authority is making a change, transferring bitcoin’s role from the cryptocurrency to an asset. However, Israel’s official authority is not the only one that regards bitcoin as an asset. The IRS also did the same thing; it admits the importance of bitcoins, but the precondition is that bitcoins should play a role of asset rather than cryptocurrency and should be taxed proportionately. I believe this change can make bitcoins market legal, which will also benefit the worldwide economy. If any transaction of bitcoins will be taxed, it will lead to stronger and more sustainable economic growth without some illegal transactions.

Nowadays, bitcoin is the most popular cryptocurrency around the world. It has two main characteristics. Primarily, it’s a kind of digital currency rather than fiat currency, such as USD. Moreover, it’s decentralized which use a process called mining. This process use advanced technology with some complex mathematic formulas to produce specific codes. At the beginning, most investors prefer to use this kind cryptocurrency to avoid taxation.  Meanwhile, they can exchange bitcoins with fiat currency, also goods and services; and, it is difficult to track those transactions, which encourages the black market to use this cryptocurrency to carry on illegal transactions.

However, I’m considering about bitcoins’ credibility. There is no guaranteed operating organization. Bitcoin is just a virtual currency and there is no regulation when it first appeared on the Internet. I am wondering why there is an increasing number of people using this currency. In China, I heard that most people just buy bitcoins for investment. It is the similar situation with the investment in stocks, which means that most people do not regard bitcoins as a currency. They only invest in it because of high profits, although it comes with high risk. Personally, I believe that there are some organizations which use bitcoins to do illegal transactions, making high profit. Thus, bitcoin becomes a tool used for illegal purposes, which attracts the attention of national legislature. Thus, it’s profound, meaningful and effective to make the decision of taxing transactions of bitcoins.

Chenglu is an accounting major at the Stillman School of Business, Seton Hall University, Class of 2019.

Sources:

https://www.ccn.com/bitcoin-will-see-taxation-asset-not-currency-israel-authority/

https://www.investopedia.com/articles/investing/040515/are-there-taxes-bitcoins.asp

Posted by Basbibi Kakar.

According to American and European officials, United States and Iran’s are closing in on a historic agreement to limit Iran’s nuclear program. But the parties are facing problems, including when United Nations sanctions would be lifted and how inspections would be conducted.

President Obama is strongly against an agreement with Iran without curbing nuclear weapons in such a dangerous region. He also wants to reassure the world that all options would be available if Iran ultimately cheated. In an interview with New York Times, Obama said that America has Israel’s back, and he also said that he can accept a vote in Congress as long as it did not block his ability to carry out the agreement. The President said that he would make sure that Iran does not get a nuclear weapon. America also will send a clear message to Iranians that if anybody messes with Israel, America will be there.

Under Article I, section 8 of the Constitution, the Congress has power to provide for the common defense and general welfare; Congress also has the power to declare war. Congress can provide for organizing, and arming the United States. The Congress can also decide to ratify the agreement with Iran thereby restricting them or stop the process of creating the Nuclear weapon. America can go to war with Iran, since Congress has the power to organize and arm soldiers.

Obama gave new details about how international inspectors would inspect Iran’s covert nuclear sites and about how they would lift the sanctions. Obama hopes that security will be transformed in Middle East, however, the Middle East was never secure. America’s main focus is to ensure that Iran does not get a nuclear weapon.

But Iran never stopped working on their nuclear weapon. Since Iran has promised before that they would stop working toward a nuclear weapon, they have broken contract law. Contract law could be enforced and their rights to continue working the plant could be taken away. The alternative is Congress could exercise their authority under Article I to resolve the problem.

Basbibi is an economics and international trade and development major at Montclair State University, Class of 2017.

Patchy Bitcoin Oversight Poses Hazards for Investors, Regulators Say

Posted by Shahrani Bhatti.

On January 30th of 2018, U.S. regulators made it known that they feel Congress should expand regulation of the bitcoin as well as a growing number of other cryptocurrencies. Their reasoning being that the currency is not subject to investor-protection laws. The chairmen of the SEC and the CFTC told senators that the exceedingly popular cryptocurrency has surmounted state regulation. This is only one of a growing number of concerns, as U.S. banks are taking a step forward and stopping credit card purchases of bitcoin in addition to bitcoin prices dropping dramatically as governments in China, India and South Korea have placed restrictions on cryptocurrency trading.

The chairmen continued, saying that in order to regulate cryptocurrencies and protect investors, Congress would need to become involved as the SEC and the CFTC hold no power in regards to the market of products like bitcoin. At a testimony earlier this year, Christopher Giancarlo of the CFTC said that if they were given jurisdiction in this situation that it would be a, “dramatic expansion of the CFTC’s regulatory mission.”

Both market regulators have also halted illicit operations that have attempted to capitalize investors’ growing desire for returns similar to that of bitcoin’s skyrocketing $17,900 in only December of last year. The SEC has also stopped initial coin offerings, a fundraising method that has accumulated billions from investors in exchange for the issuance of new digital currencies like the bitcoin, as the demand for them continues to grow. Chief of the SEC, Mr. Clayton said that unlike the bitcoin, however, that these other issuances leave the issuer vulnerable to federal anti-fraud and investor-protection laws. Because of unregulated exchanges, Chief Clayton says, market prices can intensely rise.

While the bitcoin is still mainly unregulated, its derivatives are continually inspected. The CTFC has examined how these tokens should be allotted for trading. Mr. Giancarlo has come up with a new process for other duplicate tokens of the bitcoin, which consist of intensified information sharing agreements between exchanges and the CFTC, and agreements by exchanges to coordinate launches with CFTC’s staff.

I believe cryptocurrency regulation is a necessity at this time. Investors need to be protected from fraud. If the U.S. begins to regulate these currencies, then other countries may also follow suit. The cryptocurrencies may also grow and lead to an increased number of jobs which can only benefit the U.S. economy. If this benefits the U.S. economy, a larger standard of living will persist and the U.S. will become a more powerful country — as a high standard of living among people, high GDP and a good economy are the defining features of powerful countries. Cryptocurrency may give the current U.S. national currency a run for its money, but in the long run, the benefits will outweigh the costs as cryptocurrencies are easier to manage and track as the exchanges are basically exclusively carried out online.

Shahrani Bhatti is an economics major at the Stillman School of Business, Seton Hall University, Class of 2020.

Toys R Us Enters Chapter 11

Toys R Us entered Chapter 11 recently causing panic among toymakers. The company owes millions to suppliers.

Toys R Us owes $14.06 million to Jakks, which last year posted a profit of $1.2 million, making the California-based toy supplier one of more than 100,000 creditors sideswiped by the toy chain’s bankruptcy in the run-up to the all-important holiday season. In total, Toys R Us owes $7.5 billion to a group that includes virtually every major toymaker in the country: Mattel (owed $136 million), Hasbro ($59 million), Spin Master ($33 million), Lego ($32 million), Radio Flyer ($12 million), Crayola ($2.6 million).

Companies such as Lego, who are working with Toys R Us, expect their own sales to decline. Small “mom and pop” companies that make things like fidget spinners “rely heavily on Toys R Us for visibility and sales, and often spend months customizing items to the retailer’s specifications.” These companies have “little hope” they will receive part of what they are owed.

Toys R Us received “$3.1 billion from JP Morgan and others to help pay for inventory and company investments.” Some suppliers believe the money can help keep the company in business, but others are not so optimistic.

Power Struggle Within the White House

Posted by Ryan McNeilly.

Something we have come to know as Americans is that three things are certain in life. We will live, we will die, and we will pay taxes. Currently in the news, President’s Trump new tax plan has become the hot topic of discussion. People are disappointed to see another tax cut come about that seems to benefit the top 1% of society. Even some of the richest man in the world, like Warren Buffet and Bill Gates, are speaking up against the new plan because they feel that they do not need more money. They think they need to be giving more of it away so that people who live from paycheck to pay check can have a little bit more leeway and a better opportunity to increase their standard of living.

This article posted by Politico looks at this tax law and delves deeper to see what is occurring behind the scenes. They set the stage by opening the article with “A political battle over the fate of hundreds of regulations and other guidance for the new tax law may soon land on President Donald Trump’s desk, forcing him to choose between two of his favorite Cabinet members.” This alone is enough to capture the attention of any reader. As you continue to read you come to find out that the two Cabinet members they are talking about are Steven Mnuchin the Treasury Secretary and Mick Mulvaney the White House budget director.  The President must decide who will get to define the laws and regulations within the tax act.  This is crucial because the vision of the treasury differs from the view of the budget director.

This dispute has a greater impact than people see because now two crucial sectors of the White House will now be pitted against one another. With this occurring internally, it could hinder the President’s goal for growth. His goal is to get this plan into action, but he will not be able to unless an agreement occurs. The article states “OIRA and Treasury have been going back and forth for years over which entity should have final say over the department’s regulations.” This pressure has increased because of the decision date is slowly approaching. Politico speculates that the OMB has already made a deal with the White House. If this is true, then the OMB will get control of regulations and guidances for this tax act. None of this is confirmed so now we must wait and see how this internal debacle sorts itself out.

Ryan is a finance and information management systems major at the Stillman School of Business, Seton Hall University, Class of 2020.

Source:

Link: https://www.politico.com/story/2018/02/23/tax-law-white-house-power-struggle-364885

Galaxy Note Archives – Blog Business Law – a resource for business law students

Posted by Lilli Wofsy.

On October 11, 2016, Samsung reported that they would completely recall the Galaxy Note 7 and stop trying to fix the product overall. After there were many reports of the smartphone exploding or causing severe burns, Samsung attempted to fix the problem. With the hope of still profiting from the product, Samsung “decided to continue shipping new Galaxy Note 7s containing batteries from a different supplier” (Chen and Sang-Hun). Yet, using ATL battery instead of the original SDI battery did not help solve the issue of overheating. Many former employees of Samsung expressed they felt that the “militaristic” environment did not allow for there to be any communication from workers and the corporate bosses who just wanted to release the device.

While there have been “92 reports of Note 7 batteries overheating in the United States,” this is not the only Samsung product that has been flawed (Chen and Sang-Hun). There has been a recall in Australia for 144,000 washer machines that were likely to start fires in homes. Samsung has also had to recall “184,000 microwave ovens in the United States and 210,000 refrigerators in South Korea” (Chen and Sang-Hun). Though they have had many small recalls other than these large ones, customers have positively described their quickness in replacing or refunding their clients for the inconvenience.

Samsung has faced a hard hit due to the recent issues they have had with their products. On October 12th, Samsung noted they “absorb[ed] $2 billion in losses” (Chen and Sang-Hun). They reportedly earned 33.3 percent less that what they had projected to earn from the Galaxy Note 7. Between October 11th and 12th, the company’s shares went down 8.65 percent. With Samsung fighting with Apple to keep up with their never-ending battle, Samsung might be releasing products too quickly in hopes of beating their opponent. Yet Apple has not faced as many large recalls when compared to Samsung, rather they have only recalled one of their Nano products and one type of Beats. Maybe if Samsung’s workers have more openness about possible problems with products or testing out products more prior to releasing them, they can revive their company and make back up what they have lost from their present predicament.

Lilli is an English and legal studies minor at Seton Hall University, Class of 2018.

Sources:

Posted by Kristina Volta.

In light of the recent events of Samsung’s Galaxy Note 7 phones setting on fire, many people have been looking to Apple as an alternative. However, the new news of Apple’s IPhone 7 catching flame has many consumers nervous. The most recent case was when an Australian surf coach, Matt Jones, left his phone under a pair of pants in his car while he taught a lesson. When he returned to his car he found that his car was full of smoke and where his phone was had been burnt up and the pants that had been on top of the phone were on fire. This is concerning for Apple whose stock has dropped .41%. This is going to be a knock to Apple’s popularity, especially after seeing the negative kickback that Samsung has been facing for a similar problem.

Apple has been investigating this report, challenging that he was not at the car when the fire started. Many people are beginning to believe that there is a possibility that Apple’s IPhone 7 has a similar Lithium-ion battery, which can become “unstable” when it’s put in certain situations. There is a chance the phone became too hot wrapped up in the pants in the car and that could have been the reason the phone caught fire.

Even though these claims haven’t been solidified yet, this could still cause a major setback for Apple and their products. Although there haven’t been many claims about Apple phones catching fire, the fear consumers now have could be significantly detrimental to their sales of the IPhone 7. Not to mention, if the case does come out to show that it was the IPhone’s battery that caught fire, Apple will be held liable for it.

When companies put out products their consumers and shareholders are putting faith in the company that they are purchasing a safe good unless otherwise mentioned. Lithium-ion batteries have been known to have issues for other products like “Tesla cars, Boeing jetliners, Hewlett Packard laptops and Hoverboards” as well as other IPhones. There was a case in March of an IPhone 6 bursting into flames on a flight to Hawaii. This is concerning for not only Apple, but also any other company who is or plans to use Lithium-ion batteries. This is a risk these companies are taking considering the clear unpredictability of the safety of these batteries.

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

Sources:

http://fortune.com/2016/10/21/apple-iphone-7-explodes/

http://www.breitbart.com/california/2016/10/21/2nd-fire-apple-iphone-7-threatens-mass-recall/

Uber Goes on Legal Offensive Using Embattled Ad Agency

Posted by Mohammed Almanqari.

Uber Company is always thought of being sued now and then for one or two issues. Apparently, the company has sued an advertising company called Fetch Media. Uber has taken to court Fetch Media accusing it of click fraud. The company had improperly billed Uber for online advertisements, which were not genuine. Fetch Media took advantage of the same and benefited from application downloads that did not belong to it. Fetch Media is owned by Dentsu, one of the largest advertising company in Japan. The case was filed by Uber on 19th September 2017 in the US District Court in San Francisco.

After placing the charges, Uber said that it expected not less than forty million dollars as compensation for the damages caused by Fetch Media. However Uber is not fond of taking to court most of the issues it faces; in fact, according to report prepared by Bloomberg, Uber has been a plaintiff twice but has been accused in more than 250 cases. Ever since the internet became a money-making platform, fraud related to online advertising has been on the rise. “One of the biggest challenges we face as digital marketers is to reduce mobile ad fraud.” This was according to the chief executive of Fetch Media, James Connelly. According to the head of media at Fetch Company, Steve Hobbs, a big percentage of downloads from Fetch`s system are noted as invalid or not genuine.

Uber became aware of this fraud during a period when it was putting efforts to shut down and avoid a scandal that was different. Uber Company then requested Fetch Media not to post any advertisements on a certain website called Breitbart news which was being run by the former chief strategist of President Donald Trump. However, ads stills appeared on that site. Fetch canceled the running of ads from any network that was related to Breitbart but this did not reduce the number of application downloads. There is a specific fee paid to Fetch by Uber when a customer downloads the company`s application. From the years 2015 to 2017, Uber had paid close to $8.4m for ads regulated by Fetch Company.

Mohammed is a graduate student at the Feliciano School of Business, Montclair State University.

Reference:

http://www.fin24.com/Tech/Companies/uber-goes-on-rare-legal-offensive-suing-ad-agency-for-fraud-20170919

Power Struggle Within the White House

Posted by Ryan McNeilly.

Something we have come to know as Americans is that three things are certain in life. We will live, we will die, and we will pay taxes. Currently in the news, President’s Trump new tax plan has become the hot topic of discussion. People are disappointed to see another tax cut come about that seems to benefit the top 1% of society. Even some of the richest man in the world, like Warren Buffet and Bill Gates, are speaking up against the new plan because they feel that they do not need more money. They think they need to be giving more of it away so that people who live from paycheck to pay check can have a little bit more leeway and a better opportunity to increase their standard of living.

This article posted by Politico looks at this tax law and delves deeper to see what is occurring behind the scenes. They set the stage by opening the article with “A political battle over the fate of hundreds of regulations and other guidance for the new tax law may soon land on President Donald Trump’s desk, forcing him to choose between two of his favorite Cabinet members.” This alone is enough to capture the attention of any reader. As you continue to read you come to find out that the two Cabinet members they are talking about are Steven Mnuchin the Treasury Secretary and Mick Mulvaney the White House budget director.  The President must decide who will get to define the laws and regulations within the tax act.  This is crucial because the vision of the treasury differs from the view of the budget director.

This dispute has a greater impact than people see because now two crucial sectors of the White House will now be pitted against one another. With this occurring internally, it could hinder the President’s goal for growth. His goal is to get this plan into action, but he will not be able to unless an agreement occurs. The article states “OIRA and Treasury have been going back and forth for years over which entity should have final say over the department’s regulations.” This pressure has increased because of the decision date is slowly approaching. Politico speculates that the OMB has already made a deal with the White House. If this is true, then the OMB will get control of regulations and guidances for this tax act. None of this is confirmed so now we must wait and see how this internal debacle sorts itself out.

Ryan is a finance and information management systems major at the Stillman School of Business, Seton Hall University, Class of 2020.

Source:

Link: https://www.politico.com/story/2018/02/23/tax-law-white-house-power-struggle-364885