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October 2024
Meet Daniel McNamara
The Litigation Attorney Who Listens, Empathizes, and Delivers Results
worked with our chief practice manager, Holly, so when Daniel was looking for a new opportunity, Pendleton Law was one of his top options.
Every individual who joins our team has proven they are willing to go the extra mile to help
our clients with whatever they need. Our clients have often faced hardship and need someone caring and compassionate to listen to them
We’ve greatly enjoyed having Daniel on our team. He excels at advocating for clients in tough spots and skillfully expresses their pain in words, which allows him to create persuasive
and offer support. Our team doesn’t let obstacles get in the way of helping our clients. At the beginning of the year, we added Daniel McNamara to our team as a litigation attorney, and he has excelled at helping our clients win their cases if they go to trial.
and interesting arguments that give the judge and jury a clearer understanding of the big picture. He tries his best to keep things light and
entertaining when possible, but if he’s unable to get things done the nice way, he’s more than willing to take necessary action to get his clients what they deserve.
Daniel’s entrance into the legal world is unique compared to other attorneys and lawyers. He didn’t have dreams of working in the legal field from a young age; instead, he earned his undergraduate degree in English from the University of Virginia before taking a job as a newspaper reporter. He loved his job but quickly noticed many
Daniel isn’t just a star in the courtroom; he’s also a phenomenal chef who likes to cook cuisines from all over the world. He excels at making
dishes originating in Italy, Mexico, France, Japan, China, and more. He’s also currently considering adding a new member to his household. He used to be the president of a local dog park but is currently dogless and looking to adopt! If Daniel is not at work or in the kitchen, you can usually find him playing softball with his friends or strumming his guitar. Daniel’s 15 years of experience in court are invaluable to our team, and he doesn’t shy away from sharing his wisdom with other team members! We are so excited to see how he will continue to support our clients in the coming years.
of his colleagues decided to attend prestigious grad schools for journalism to advance their careers. So, Daniel decided to attend law school at the Washington and Lee University School of Law to continue his education and open up the door for more opportunities. Throughout his legal career, Daniel has had opportunities to explore many different areas of law. He started his legal journey by interning at a public defender’s office, where he discovered his passion for the courtroom. He worked as a public defender before moving to private practice, where he focused on criminal law and family law. No matter what type of law he was practicing, Daniel found that being in court and having opportunities to talk face-to-face with the judge, opposition, and jury was where he was most comfortable. He had previously
– Damon & Christina Pendleton
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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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TAKE A BREAK
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. However, 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. Thishas 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?
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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1506 Staples Mill Rd., Ste. 101 Richmond, VA 23230 800-840-0705 | 804-250-5050 www.virginiasinjurylawyers.com
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INSIDE THIS ISSUE 1
Daniel McNamara’s Commitment to Compassionate Client Care
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
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 than
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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