Sierra Crest Business Law Group - October 2024

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October 2024

The Lawyer Who Changed the World How This Unlikely Law Career Became a Blueprint for Change

When we think of famous lawyers, we often envision someone standing confidently in a courtroom, winning case after case with persuasive arguments and a sharp mind. But what if I told you that one of history’s most renowned peace activists was also a lawyer — a lawyer who failed at opening his first law practice, moved to a different country, was jailed numerous times, and had little regard for societal norms? Would you want to be associated with a lawyer like that? Well, that lawyer’s name was Mohandas Karamchand Gandhi, known to the world as Mahatma Gandhi, and his journey is anything but typical. Gandhi was born on Oct. 2, 1869, and his life was filled with twists and turns most of us couldn’t imagine. After studying law in England, he returned to India and attempted to start a law practice, only to have it fail miserably. Rather than give up, Gandhi took a bold step and moved to South Africa, where he spent over 20 years fighting against systemic racism and injustice plaguing the country. During this time, Gandhi began to shape his philosophy of nonviolent resistance, which would later inspire countless others. Gandhi’s life was marked by failure, struggle, and perseverance. He was jailed numerous times for his activism; many were skeptical and critical of his methods. Yet, through it all, Gandhi remained steadfast in his commitment to peace and justice. His unyielding belief

in the power of nonviolence helped lead India to independence and set a powerful example for future generations.

One of the most famous people Gandhi inspired was Martin Luther King Jr. Although the two men never had the chance to meet, King learned about Gandhi through his essays and a journey to India in 1959. Nonviolence greatly inspired him, particularly during the Civil Rights Movement in the United States. The impact of Gandhi’s philosophy on King’s work cannot be overstated; it helped shape the course of history in profound ways. Of course, Gandhi had his fair share of enemies and protesters, including Winston Churchill. The famous former UK prime minister once said, “It is alarming and nauseating to see Mr. Gandhi, a seditious Middle Temple lawyer, now posing as a fakir of a type well known in the east, striding half naked up the steps of the viceregal palace, while he is still organising and conducting a campaign of civil disobedience, to parlay on equal terms with the representative of the Emperor- King.” Clearly, there were many iconic figures who weren’t a fan of the lawyer. As a lawyer, Gandhi’s journey was far from conventional. He wasn’t the type to win cases through clever legal maneuvers or impressive court performances. Instead, he used his legal knowledge to challenge unjust laws and fight for the rights of the oppressed. His approach reminds us that being a lawyer isn’t just about winning cases; it’s about standing up for what’s right, even when the odds are stacked against you. So, what can we learn from Gandhi? For starters, we can learn the value of persistence. Gandhi’s early failures didn’t deter him; they fueled his determination to make a difference. We can also stay true to our principles, even when it’s difficult. Gandhi’s commitment to nonviolence was unwavering, and it ultimately became his greatest strength. Finally, Gandhi’s life teaches us that being unconventional isn’t necessarily bad. Sometimes, breaking away from societal norms is exactly what we need to create real change. Gandhi didn’t fit the mold of a typical lawyer, which is why he could accomplish so much. As we reflect on Gandhi’s legacy, remember that it’s okay to fail, struggle, and take the road less traveled. After all, the untypical journey often leads to the most extraordinary outcomes.

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Battle for Survival TIKTOK IS CHALLENGING THE BAN

The clock is ticking for TikTok, the world’s most popular social media app, as it faces a federal ultimatum: Either the Chinese parent company, ByteDance, sells its stake in the company, or TikTok will be removed from U.S. app stores by Jan. 19, 2025. It is difficult to fathom that an app downloaded tens of millions of times and receiving over $100 million in revenue every month may leave the American market at the start of next year. But this is just the U.S. government’s latest step since TikTok first arrived on the scene. The TikTok Saga Douyin, the predecessor to TikTok, started in China in 2016. In 2017, it merged with Musical.ly, an app for posting lip-syncing videos; at one point, it topped the charts on the Apple App Store and soon rose to global stardom. Then, the app got a new name, TikTok, and a revolutionary algorithm. The algorithm influenced users to binge-watch content and presented videos from various genres and topics to keep them hooked. While gaining popularity stateside, it drew no small amount of scrutiny from government watchdogs and federal agencies. In September 2019, the Washington Post reported that images of democratic protests in Hong Kong were being suppressed, while posts with the #trump2020 tag received millions of views. TikTok denied political favoritism and alleged their app was a neutral platform. Despite TikTok’s reassurance, the Pentagon recommended all U.S. military personnel delete the app from their phones, regardless of whether it was for personal or government work. In January 2020, the Pentagon banned the app entirely on all military phones.

“On its website, TikTok describes the moves it has made to improve data security and privacy. Still, none of these measures have persuaded the federal government of their benign intentions.”

In May 2020, privacy groups began to raise concerns that TikTok posed a threat to children. Just two months later, India banned TikTok following a military clash at their disputed border with China. Despite these hiccups, TikTok claimed to have over a billion monthly users by September 2021. Further problems with the app materialized in 2022 when viral hoaxes and harmful content promoting eating disorders caused outrage nationwide. In December 2022, the FBI warned that the Chinese government could use the app to influence American citizens. In 2024, Congress drafted legislation to ban the app and force ByteDance to sell TikTok officially. The Future of TikTok President Biden signed H.R. 815 into law on April 24, 2024, which contains a provision that “prohibits distributing, maintaining, updating, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok).” That is strong language and indicates the government is not likely to back down from its demands. Despite this, TikTok has challenged the law, arguing the ban is unconstitutional. More than a dozen social and racial justice groups recently supported TikTok’s cause. On its website, TikTok describes the moves it has made to improve data security and privacy. Still, none of these measures have persuaded the federal government of their benign intentions. In June 2024, in response to the ban being signed into law, TikTok released a letter alleging that the Biden administration had negotiated with the company using “political demagoguery,” or, in other words, in favor of appealing to voters rather than finding an equitable solution. Their case is headed to the U.S. Court of Appeals later this year.

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BRAIN GAMES

Gas prices are often a topic of conversation, but usually for less-than-pleasant reasons. Whenever the subject appears in the news, it is most often because prices have become outrageously high . However, this article will take a different approach. Have you ever wondered why gas price tickers include a 9/10 of a cent at the end? It started nearly a century ago but remains to this day for surprising reasons. Great Depression Decisions The 1930s were a time of great economic uncertainty. The stock market crashed in 1929, and the federal government took extensive measures to balance the budget. Among these was the Revenue Act of 1932. This law introduced several tax hikes, including a more than 20% increase in estate and personal income taxes. It also introduced a one-cent tariff on gasoline and fuel oil. While this may not seem like a lot in today’s currency — the average cost of a gallon of gas now is around $3.53 — back then, it was a significant burden on motorists. After all, the average price of a gallon of gas in 1932 was just $0.18, so a one-cent tariff represented a more than 5% increase in price. In today’s money, it would be equivalent to a $0.22 tax per gallon of gas. In 1933, the gas tariff accounted for 8% of the federal government’s tax revenue. Fractional Prices Gas station owners paid the new tariff when purchasing their fuel from suppliers, but they had the option of paying the tax themselves, in full or in part, to take the hit in place of their customers. This is where fractional prices first came into play: Gas station owners would advertise that they were paying, say, half of the one-cent tariff on gasoline, which means their prices would only increase by 5/10 of a cent. Over time, the tariff became less relevant, but fractional prices remained. This has largely contributed to the psychological aspect of paying 9/10 of a cent rather than a full cent — the same thinking behind charging $1.99 rather than $2 for a product. The Strange Gas Law Why the 9/10 of a Cent?

SOLUTION

PUMPKIN PIE FRENCH TOAST Inspired by AllRecipes.com

Ingredients

• 1 tsp vanilla extract • 1/4 tsp pumpkin pie spice • 1/4 cup finely chopped walnuts • 8 slices day-old bread • Maple syrup, to taste

• 1 1/2 tsp vegetable oil, or as needed • 1/2 cup half-and-half • 1/4 cup canned pumpkin purée • 3 large eggs • 1 tsp ground cinnamon

Directions 1. Lightly oil a skillet and heat over medium heat.

2. Whisk half-and-half, pumpkin purée, eggs, cinnamon, vanilla, and pumpkin pie spice together in a bowl. Stir in walnuts until evenly distributed. 3. Place 1 slice of bread in the bowl and let it soak briefly to coat both sides. Lift bread to let excess liquid drip back into the bowl, then transfer to the hot skillet. 4. Cook for 2–3 minutes or until golden brown, then flip and cook the other side until done. 5. Stir batter to redistribute walnuts and repeat with other slices of bread, cooking in several batches if necessary. 6. Serve warm with maple syrup.

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INSIDE THIS ISSUE

The Unorthodox and Extraordinary Life of Mahatma Gandhi

1

TikTok’s Appeal Against the Ban

2

Pumpkin Pie French Toast

3

The Law About Gas Pricing

The NFL’s Massive Antitrust Fine

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NFL’S RECENT ANTITRUST RULING What Led to the Historic Fine Over Sunday Ticket

than offering the ability to purchase only the games they were interested in. For instance, if you are a Philadelphia Eagles fan but live in Florida, your local on-air broadcasts are unlikely to show Eagles games. In that case, if you wanted to watch all the Eagles’ games, you’d have to shell out a good chunk of change to access those games. As of 2024, a subscription to NFL Sunday Ticket costs $449 per year. After five hours of deliberation, the jury agreed with the plaintiffs and awarded $4.7 billion in damages to the residential subscribers and $96 million to the business subscribers. Due to federal antitrust laws, those damages can be tripled. That means the NFL may be liable for up to $14.39 billion in damages. The NFL has appealed the decision, but if upheld, each NFL team could be forced to pay nearly $450 million in damages.

with Google’s YouTube TV. However, the NFL’s exclusive deals for Sunday Ticket have come at a cost. After a trial in June that lasted just three weeks, a jury in Los Angeles awarded over $4.7 billion in damages to the plaintiffs in an antitrust class-action lawsuit against the NFL. The Trial The Mucky Duck sports bar in San Francisco initially filed the suit in 2015; an appeals court dismissed then reinstated the case in 2017 before it became a class-action lawsuit. The lawsuit now covers about 2.4 million residential subscribers and 48,000 business subscribers. The plaintiffs alleged that the NFL’s agreement with DirecTV, and now YouTube TV, violated antitrust laws. Not only did the NFL allegedly overcharge both residential and commercial subscribers, but it also removed competition. It forced fans to purchase access to all games rather

NFL Sunday Ticket, also known as Sunday Ticket, is a sports package allowing purchasers to view regular season NFL games not carried by local broadcasts in their area. Sunday Ticket has been around since 1994, with DirecTV offering it exclusively until 2022 when the NFL signed a seven-year, $14 billion deal

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