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IN THE SPOTLIGHT: LAUREN UPSHAW MARCH 2024 GIBSONLAWGROUP.COM (817) 769-4044 DIVING DOWN WITH GLG
Celebrating Employee Appreciation Month Team members are the backbone of any organization, the glue that holds us together; without them, the success of a business would be unreachable. During March, we find ourselves in the heart of Employee Appreciation Month, a time dedicated to recognizing and celebrating the incredible individuals of our organization. Employee Appreciation Month serves as a reminder of employees’ vital role in a company’s success and the importance of creating a positive and supportive work environment. We are grateful for this opportunity to honor and recognize one of our most valued team members. unwavering commitment to excellence throughout the year. From their tireless efforts to their innovative ideas, this employee has continuously elevated our organization to new heights. Join us as we dive into the exceptional contributions of our esteemed colleague, Lauren Upshaw. Lauren Upshaw, our senior attorney, is a standout attorney whose remarkable talents and unwavering dedication distinguish her as the shining star of our team. With a commendable academic background and a passion for excellence, Lauren embodies professionalism and proficiency. Her multifaceted skills, from
her primary instrument. In her free time, Lauren performs music in two bands, including one with her brother, that has released multiple albums. Besides being an attorney, real estate agent, and a rockstar, Lauren is a dedicated parent to her two sons, ages 14 and 16. Widowed five years, she refuses to give up. In the face of adversity, she always pushes through and fights for a win, whether inside or outside the courthouse. “I thrive on dissecting every aspect of a case and passionately advocating for my clients, providing the best possible outcome for them,” Lauren says. While seamlessly managing tight deadlines and juggling multiple tasks simultaneously, Lauren prioritizes client satisfaction overall. Lauren joined our team at Gibson Law Group in November 2022, and we are so incredibly blessed she chose to share her talents with us. Whether navigating complex legal matters or sharing her passion for music through performing, Lauren’s positive impact extends beyond her immediate responsibilities. As we celebrate Employee Appreciation Month, let us express our deepest gratitude to Lauren for her invaluable contributions and unwavering commitment to our team’s success. Thank you, Lauren, for all your outstanding efforts and life-changing achievements for our clients at Gibson Law Group; we appreciate you daily.
her legal expertise to her real estate experience, reflect her commitment to excellence in all endeavors. Raised in Alvin, Texas, Lauren has deep roots in the Lone Star State. She proudly represents the third generation of her family to graduate from the local high school. Lauren earned her law degree from Texas A&M School of Law in 2008. Since becoming licensed in 2009, she has cultivated a diverse civil practice focusing on contract, real estate, and construction litigation. With extensive experience serving as general counsel for a highway construction firm, Lauren represents clients in court and possesses the expertise to help them navigate legal complexities and avoid litigation whenever possible; she specializes in resolving disputes for her clients. As an undergrad, Lauren studied music at the prestigious College of Music of the University of North Texas with guitar as
This team member has consistently demonstrated dedication, resilience, and
–David Gibson
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How Someone Under 21 Can Legally Consume Alcohol WHEN MINORS ARE ALLOWED TO IMBIBE
When it comes to drinking age requirements, the U.S. is strict for a Western country. The National Minimum Drinking Age Act was enacted in 1984, which raised the minimum age for alcohol consumption from 18 to 21. It also set a precedent for the age requirement for other substances. The Food and Drug Administration (FDA) banned tobacco purchase for anyone under 21, and recreational cannabis is similarly age-restricted. While the law dictates that people under 21 can’t consume alcohol, that’s not the whole story. There are many exemptions nationwide, with every state having unique age requirement laws. Even counties can have special restrictions. American Indian reservations have independent sovereignty, so they don’t follow American laws at all. Religious Ceremonies and Services Currently, 26 states allow for religious exemptions for underage alcohol consumption. Alcohol is commonly used in many religious services; for example, Christian communion often involves a sip of wine. These legal loopholes are why priests aren’t arrested every Sunday. States that don’t have laws for religious exemptions never generally enforce the alcohol requirement on religious organizations, so they are practically legal. Medicinal Purposes People use alcohol for more than just recreation: it’s often used for medicinal purposes, too. For example, cough syrup uses it to break down ingredients. It is thus legal for medicinal purposes in 16 states, including Wyoming and Utah. Isopropyl and rubbing alcohol are distinct from the ethyl alcohol used in spirits, so they aren’t regulated similarly. Drinking for Education Alcohol is a culinary mainstay for many cultures, and many dishes include alcohol as an essential component — tiramisu, coq au vin, and flambé, to name a few. For minors interested in pursuing a culinary career, preventing them from accessing alcohol can be detrimental to their education. So, many states allow students enrolled in the culinary arts — including brewing, enology (the study of wines), and hospitality — to consume alcohol for educational purposes. For example, in Florida, students can drink as much as they want as long they’re on campus and have specific curriculums. Undercover Imbibing Minors can work for law enforcement. If they’re going undercover to expose illegal activities, there’s a good chance they’ll be offered
alcohol or put into situations where drinking is advisable. In Hawaii and Michigan, undercover agents are allowed to purchase or consume alcohol so long as it pertains to their assignment. With Family Some parents prefer that their children drink at home for various reasons. A few argue it discourages drunk driving and other risky behavior. Others just like to share a beverage with their children at dinner. Regardless of the reasons, several states allow underage drinking in the presence of a family member or guardian. The details of this exception vary widely. For example, some stipulate that a family member must provide the alcohol, like in New Mexico. Many states restrict alcohol to home use only, such as in Nebraska. Texas and other states allow the exemption in any location, such as restaurants. Drinking is distinct from possession, in case things weren’t complicated enough. In 19 states, minors can possess alcohol with parental consent. Other states, like Utah, prohibit alcohol possession at all times. Other Complexities The law is always nuanced, but few are as complex as the tangled web of alcohol restrictions. States like Pennsylvania restrict the drinking age and require sellers to fulfill strict requirements, like only selling beer and wine under 5.7% alcohol. Meanwhile, Louisianians sell daiquiris from drive-thrus (so long as they don’t have straws). The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws. “The bottom line is that the U.S. has so much variety because it allows the states to set their own guidelines, and the differing cultures within states and counties affect their drinking laws.” ”
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BIGFOOT IS AN ENDANGERED SPECIES!? A Washington County’s Unique Hunting Ban Most people don’t consider the legality of Bigfoot hunting, but in Washington state, it’s part of the law. In Skamania County, it’s illegal to kill the mythological ape. Should someone murder the creature, they’d face a stiff penalty. Bigfoot — sometimes called Sasquatch — is an elusive ape-like cryptid said to roam the forests of North America. It allegedly has reddish-brown fur, a gorilla-like body, and its namesake big feet. Some claim Bigfoot is the “missing link” between walking apes and our ancestors, who walked on all fours. Most scientists dispute the claim, saying that any ancestor this old likely would’ve adapted or gone extinct. Bigfoot was first spotted in California in 1958, and most sightings since occur in Washington state. Per every 100,000 people, 9.12 sightings are in the Evergreen State. That’s a third more often than its neighbor Oregon, the runner-up at 6.06. If there were a Bigfoot capital of the world, it’d be in Washington. On April 1, 1969, the Skamania County legislature enacted Ordinance 1969-01, the first law prohibiting the killing of Bigfoot. Anyone convicted of murdering the cryptid would be classified as a felon and imprisoned for five years. While modified decades later, it set an important precedent: Bigfoot is a protected species. Tourism picked up shortly after that. Bigfoot mania officially hit the U.S. in the 1970s as directors released films like “Sasquatch, the Legend of Bigfoot.” New Bigfoot enthusiasts started to visit Washington in droves, hoping to be the first to find proof of its existence. While locals appreciated the influx of cash from tourism, they didn’t appreciate the influx of guns from Bigfoot hunters. County legislatures enacted a new ordinance in 1984. It further clarified the regulations on Bigfoot and designated the ape as an endangered species. As such, hunting Bigfoot with the intent to kill is illegal. However, the ordinance softened the penalty for hunting Bigfoot, lowering the penalty for poachers to a year in prison or a fine of up to $1,000. Every law has some logic; no matter how frivolous it may seem, there’s a reason why lawmakers went through the trouble. While this law may seem unnecessary, it protects “Bigfoot” and the Skamania County citizens alike.
TAKE A BREAK
Chipotle-Inspired Chicken Burrito Bowl Inspired by EasyChickenRecipes.com
Ingredients
• 1 cup canned black beans • 1 avocado, cubed • 1/4 cup sour cream • 1/4 cup shredded cheese For Salsa • 1 tbsp chopped cilantro • 1/2 tomato, chopped
• 2 boneless chicken breasts • 2 tbsp olive oil • 1 tsp paprika • 1 tsp cumin • 1/2 tsp chili pepper • 1/2 tsp salt • 1/2 tsp pepper • 1 cup white or brown rice, cooked • 2 cups shredded romaine lettuce • 1 cup canned corn
• 1/2 onion, chopped • 2 tbsp white vinegar • 4 tbsp lime juice • Salt, to taste
Directions 1. Cut chicken into bite-size pieces. In a medium-size bowl, add chicken, olive oil, paprika, cumin, chili pepper, salt, and pepper. Mix until chicken is evenly coated. 2. In a skillet over medium heat, cook chicken for 7 minutes or until cooked through. Set aside on a plate. 3. In a large bowl, layer the rice, lettuce, corn, beans, and cooked chicken. 4. In a separate bowl, mix together salsa ingredients, then pour over the chicken mixture. 5. Top with avocado, sour cream, and cheddar cheese. Enjoy!
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INSIDE THIS ISSUE
Meet Our Senior Attorney, Lauren Upshaw!
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When Minors Can Drink
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Chipotle-Inspired Chicken Burrito Bowl
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Why Bigfoot Is a Protected Species in Washington
The Marketing Campaign That Cost Red Bull Over $6 Million
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MARKETING CAMPAIGN DISPROVED IN COURT RED BULL DOESN’T GIVE YOU WINGS
a voucher for $15 of Red Bull products. But before you go writing a letter to Red Bull for your voucher, know that customers are no longer eligible for this compensation. In Red Bull’s words, they settled to “avoid the cost and distraction of litigation,” noting that their ad campaigns and can labels “have always been truthful and accurate.” Red Bull denied any wrongdoing. What Red Bull did was tread the line between false advertising and “puffery,” the legal term for extravagant claims about a product. The law allows for some lofty claims — such as “World’s Best Coffee” — so long as they are opinions. “Red Bull gives you wings” sounds like a factual statement, so it doesn’t fall under puffery. The energy drink company has continued using the slogan in its marketing in event sponsorship and TV ads. So, while Red Bull may not actually give you wings, it did pay out a lot of money in a court settlement over the claim.
For decades, Red Bull has run the marketing campaign that its energy drink gives people wings. Most assume it’s a joke, an exaggeration of the beverage’s stimulating effects. The courts disagreed. A group of Red Bull drinkers in 2014 filed a class action lawsuit against the Austrian company, accusing them of false advertising. Despite the company’s claims, they alleged that the drink does not give you wings. To be more specific, the suit alleged that the ad campaign uses flying imagery to convey that the beverage is better than other caffeinated drinks. While the brand’s messaging claims it improves response times and concentration, the suit alleges the beverage isn’t much more effective than a cup of coffee. Red Bull settled for over $6 million. They also agreed to compensate customers who were disappointed about the drink’s wingless results. Such claimants could receive $10 or
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