Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump Takes on McConnell

In his seemingly never-ending quest to pick a fight with pretty much everyone in Washington, President Donald Trump has continued his spat with Senate Majority Leader Mitch McConnell by tweeting about him this morning.

Can you believe that Mitch McConnell, who has screamed Repeal & Replace for 7 years, couldn’t get it done. Must Repeal & Replace ObamaCare!

— Donald J. Trump (@realDonaldTrump) August 10, 2017

Trump and McConnell have been exchanging words publicly since the Senate failed to pass a bill to repeal and replace the Affordable Care Act a few weeks ago. On Tuesday, McConnell claimed that Trump had “excessive expectations” about what Congress could accomplish in a short period of time. On Wednesday, Trump responded to that criticism, also through Twitter:

Senator Mitch McConnell said I had “excessive expectations,” but I don’t think so. After 7 years of hearing Repeal & Replace, why not done?

— Donald J. Trump (@realDonaldTrump) August 9, 2017

But if Trump actually wants any of his agenda to make it through Congress–take, for example, funding for the border wall–he can’t really afford to alienate McConnell. This latest fight is seen by many as indicative of deepening tensions between the White House and Congress.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post RantCrush Top 5: August 10, 2017 appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

The Health Care Bill Goes from Dying to Dead

The outlook for the Senate Republican health care bill hasn’t been particularly rosy since its introduction. But things got even worse for Senate Majority Leader Mitch McConnell last night, when two more senators said they wouldn’t be voting for it. Senators Mike Lee of Utah and Jerry Moran of Kansas both said they oppose moving forward with the bill, joining Susan Collins of Maine and Rand Paul of Kentucky in their opposition.

After the news broke, McConnell said he would call for a vote to repeal Obamacare now, and come up with a replacement later. While that may appeal to far-right defectors like Paul, Lee, and Moran, it is sure to concern more moderate Republicans who want to ensure that things like Medicaid funding stay in place. For example, Senator Shelley Moore Capito of West Virginia–often cited as a potential to vote against the Senate health care bill in the first place–has already said she’s not in favor of that strategy. And President Donald Trump is blaming the Democrats for the bill’s failure…despite the fact that had all the Republicans in the Senate banded together, the bill could have passed.

We were let down by all of the Democrats and a few Republicans. Most Republicans were loyal, terrific & worked really hard. We will return!

— Donald J. Trump (@realDonaldTrump) July 18, 2017

With only a very small majority, the Republicans in the House & Senate need more victories next year since Dems totally obstruct, no votes!

— Donald J. Trump (@realDonaldTrump) July 18, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: July 18, 2017 appeared first on Law Street.

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Cities Go Green in Support of the Paris Climate Agreement

Yesterday, President Donald Trump announced that he will withdraw the United States from the Paris climate deal. In a speech announcing the news, he focused once again on putting America first. “I was elected to represent the citizens of Pittsburgh, not Paris,” he said. But Trump’s decision has come under heavy criticism–world leaders, climate experts, corporate executives, and members of his own party have criticized it. Trump also said he wants to renegotiate the deal to better suit America, but France, Germany, and Italy immediately issued a statement saying that renegotiation isn’t on the table.

Trump thinks the climate deal is an attack on America’s sovereignty: “We don’t want other leaders and other countries laughing at us anymore. And they won’t be,” he said. Business heavy-hitters like Elon Musk and the leaders of General Electric and Goldman Sachs said the decision will harm the U.S. by de-emphasizing jobs in the clean energy sector. Musk said he will no longer be a part of Trump’s business council. And last night, major buildings around the globe lit up in green in support of the climate deal and in protest of Trump’s decision.

PHOTO: Paris’ city hall shines green in support of the climate deal. pic.twitter.com/LpF2z1nsw1

— Eyewitness News (@ABC7NY) June 1, 2017

World: the Empire State stands with you. New York shines green for our planet, our health and our children’s future. #ParisAgreement pic.twitter.com/Ubw7WSPgu0

— Andrew Cuomo (@NYGovCuomo) June 2, 2017

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post RantCrush Top 5: June 2, 2017 appeared first on Law Street.

Are there more racists in the world, or have they just gotten ballsier? I asked myself this question as yet another cellphone video went viral. This one captured a white woman racially abusing two women inside of an Arkansas Walmart.

Eva Hicks posted a video of the confrontation to her Facebook profile Monday, in which a white woman in a teal shirt tells Hicks to “go back to Mexico.” Hicks, a Latina, tells the woman she was trying to reach the medicine on the shelf behind the woman’s cart and that she said “excuse me.”

The woman continues on a xenophobic rant, before another shopper tells the woman to “stop being ignorant.” The white woman replies, “A n****r is calling me ignorant?”

Latino woman needs medicine, says “excuse me” @WalMart to get it. White woman tells her to leave America then calls another woman “nigger” pic.twitter.com/l7j5YBTlWP

— Shaun King (@ShaunKing) May 23, 2017

The video went viral on Twitter after activist and New York Daily News writer Shaun King tagged the company in a tweet demanding that the woman be banned “from this store for life.”

Walmart is currently trying to identify the woman, and says she will be banned from all of its stores, according to NBC News.

@ShaunKing @Walmart @ShaunKing, we agree that this cannot be tolerated and are continuing to look into the matter. Below is our official statement: pic.twitter.com/BkKKVDrjE6

— Walmart Newsroom (@WalmartNewsroom) May 23, 2017

The incident is merely the latest in a string of xenophobic rants caught on tape in recent months.

On Monday, a video surfaced of a white woman in Virginia calling a Hispanic man a “sp*c” and telling him to “take his f*cking a** back to Mexico.”  Last weekend, a white man in a wheelchair at a Reno airport was filmed calling another passenger a “sp*c” and a “piece of sh*t” for speaking Spanish to his mother. The list goes on and on.

So back to my question–are there more racists in the world, or have they just gotten ballsier?

The presidential election certainly fanned racism and Islamophobia throughout the country; many of these incidents feature President Donald Trump’s signature campaign slogans–like “build the wall.” But it could also just be that we’re getting better at capturing and sharing racist incidents.

People are quick to take out a cellphone and hit record to these capture brazen racists and upload the videos to social media. From there they are easily liked and shared, garnering millions of views and hundreds of thousands of responses.

The Southern Poverty Law Center catalogued 1,094 bias-related incidents in the month following the election. While this number has reduced drastically in the subsequent months, it is nonetheless heartbreaking.

Also, did anyone else notice that many of these confrontations appear to take place in store checkout lines? It could be just a coincidence, or indicate a trend of where people are feeling their most brazen.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post White Lady’s Racist Walmart Tirade is Nothing New appeared first on Law Street.

Walmart has agreed to pay $7.5 million in order to settle a lawsuit that claims the company discriminated against thousands of gay employees.

The lawsuit alleged that Walmart denied spousal health insurance benefits to same-sex employees between 2011 and 2013. The company said the settlement will benefit “no more than a few thousand current and former Walmart associates.”

Jacqueline A. Cote, who has worked for the retail giant since 1999 in Maine and Massachusetts, filed the lawsuit last year after she was repeatedly denied coverage for her  ailing wife. In 2012, Cote’s wife, Diana Smithson, was diagnosed with cancer. Since Walmart denied her health insurance benefits, the couple racked up more than $150,000 in debt. Smithson passed away in March.

The lawsuit alleged that Walmart violated the Civil Rights Act, the Equal Pay Act, and the Massachusetts Fair Employment Practices Law.

As per the settlement, Walmart denies all allegations brought forth in the lawsuit, but chose to settle, “in the interest of resolving this dispute between the parties without the significant expense, delay and inconvenience of further litigation.”

Cote, who was pleased by the lawsuit’s outcome, said in a statement, “It’s a relief to bring this chapter of my life to a close.”

Walmart began offering health benefits for same-sex couples in 2014 after the Supreme Court overturned the Defense of Marriage Act; prior to that Walmart only offered benefits to employees’ domestic partners in states where it was required to do so by law.

In an effort to increase inclusion, the company recently announced that it will be extending its health insurance to cover transgender employees this year. On Monday, the company received a perfect 100 score from Human Rights Campaign’s Corporate Equality Index, the group’s annual ranking of companies’ workplace protections for lesbian, gay, bisexual, and transgender employees.

According to Reuters, Sally Welborn, a senior vice president at the Bentonville, Arkansas-based Wal-Mart, said in a statement that diversity and inclusion were among the company’s core values.

“We will continue to not distinguish between same and opposite sex spouses when it comes to the benefits we offer under our health insurance plan,” she said.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Walmart Agrees to Pay $7.5 Million Settlement in Same-Sex Benefits Case appeared first on Law Street.

The rumors surrounding Hillary Clinton’s health won’t stop, Walmart bought Jet.com, and Finnish baby boxes are saving lives. ICYMI, learn about all that and more this Monday with Law Street’s best of the week!

1. Clinton’s Pneumonia: A Post-Speech Scare, a Body Double, and a Tame Trump

The facts are thin, and the story even thinner: Hillary Clinton has pneumonia. That’s pretty much it. But of course, that raises some very intriguing questions–especially if you’re a conspiracy theorist: Has she been harboring the disease, shielding her failing health from the media since she was Secretary of State? Did she contract it while delivering a contracted speech to Goldman Sachs? And given the very fact that Clinton has spent her entire career tag teaming with a body double–in speeches, in meetings with now-deposed Middle East dictators, at a dinner date with Bill–has she already moved on from not only this election season, but this life? Read the full article here.

2. What Walmart’s Purchase of Jet.com Says About the Retail Industry

In August, Walmart purchased the online-only retail website Jet.com for $3 billion. Before the sale, Jet.com forecasted that it would be losing money until at least 2020, as it attempts to establish itself prior to becoming profitable. That raises the question of why the world’s largest retailer, with an online presence of its own, would decide to buy a fledgling retail site that didn’t plan on making money for several years. Read on to find the answer to that question and how it is influenced by the changing retail marketplace, where online presence is more important than brick and mortar stores and is necessary to compete against online behemoths like Amazon and Alibaba. Read the full article here.

3. Thinking Inside the Box: How Finland Makes Parents and Babies Happy and Healthy

Washington, D.C. has the highest infant mortality risk of all the world’s high-income capitals–7.9 deaths for every 1,000 births. But the infant mortality rate in Finland is much lower, and one of the reasons for this is the simple but effective Finnish baby box. All new parents in Finland are eligible to receive a box from the government to help them through the early stages of their child’s birth. Inside the box, there are essential items for raising an infant such as clothes and, because it is Finland, a snowsuit. The box itself doubles as a crib, reducing the risk of accidental death during sleep. Read the full article here.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

An attempted robbery led to a fatal shooting in a Walmart parking lot in Kansas on Sunday, and one shopper’s initial reaction was to film a video with her cellphone and publish it on Facebook, calling the shooting “interesting.”

When Wendy Russell Macrorie came back out to the parking lot after buying lightbulbs, the shooting had just happened. In the video she is seen smiling and chewing gum while saying, “So this is interesting, I’m at Walmart, which I hate going to, and this is happening in front of my car.” She then filmed two men with gunshot wounds on the ground while medical professionals tended to them. She ended the video by saying, “Gross, gross, don’t come to Walmart.”

Mom Posts Bizarre Live Video Of ‘Interesting’ Fatal Shooting Outside Walmart https://t.co/hNlKvUQWhj pic.twitter.com/HilKQwVPH9

— Elite Daily (@EliteDaily) September 12, 2016

Her under-reaction to people being severely injured was criticized on Facebook and Twitter.

Between this video by #WendyRussellMacrorie and the Bs heckling #Solange I’m so upset. We need to do better #whitegirls #getittogether

— Amelia Merritt (@oneinamelia) September 12, 2016

The shooting happened around 1:30 PM on Sunday, according to KMBC. A woman was putting her infant in the car outside of Walmart when two men approached her and hit her in the head. A man got out of his car to help the woman but one of the robbers shot him multiple times. Then another man stepped out from his car, and shot one of the assailants. He was identified as John W. Simmons III.

On Tuesday the second suspect, named Arthur Fred Wyatt III, was arrested. He was released from the Kansas Department of Corrections in July after serving a sentence for a 2009 involuntary manslaughter conviction. The man who first tried to help the woman and was shot as a result was a 33-year-old Iraq war veteran who is still in critical condition. The woman that the men tried to rob has been released from the hospital.

Since the dramatic Kansas shooting, bizarrely, two more Walmart shootings have happened. On Tuesday, a non-fatal shooting occurred in St. Paul, Minnesota. Early Wednesday morning, a Walmart employee fatally shot a man who tried to rob him in Sunrise, Florida.

Emma Von Zeipel

Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

The post Woman Posts Bizarre Video From Fatal Kansas Walmart Shooting appeared first on Law Street.

In August, Walmart purchased the online-only retail website Jet.com for $3 billion. Before the sale, Jet.com forecasted that it would be losing money until at least 2020, as it attempts to establish itself prior to becoming profitable. That raises the question of why the world’s largest retailer, with an online presence of its own, would decide to buy a fledgling retail site that didn’t plan on making money for several years. Read on to find the answer to that question and how it is influenced by the changing retail marketplace, where online presence is more important than brick and mortar stores and is necessary to compete against online behemoths like Amazon and Alibaba.

Walmart and Jet.com

Walmart bought Jet.com for $3 billion in cash and $300 million worth of shares for people high up in the company. Although Jet.com CEO Marc Lore will take over the online business of both retailers, they will remain separate entities. This is partly to retain Jet.com’s potential appeal to new users, such as millennials, who might view the site differently than they would Walmart. Jet.com’s business model was originally similar to its major competitors such as Amazon, which charges annual fees for membership while offering special deals and services. However, that plan was scrapped in October 2015 when Jet.com’s discounts became available to everyone at no additional cost.

The hope for many at Jet.com–including its CEO, who also founded another online retailer startup that was purchased by Amazon–is that with Walmart’s economy of scale it can ramp up sales and turn a profit sooner than expected. The company also hopes to expand beyond the United States, where it currently operates.

The video below looks at Jet.com’s initial business model and how it sought to compete with Amazon:

The Why

While Jet.com has the potential to improve Walmart’s e-commerce presence and its overall sales, why did it decide to make this move and spend $3.3 billion on a startup that is years away from making a profit? The answer is that the retail market itself is rapidly shifting. In January, Walmart announced that it will be shutting down 269 stores, including 154 in the United States. The Walmart downsizing was just a precursor to a bigger change within the retail industry. In June, another wave of major retailers, including the likes of Macy’s and J.C. Penny, announced huge layoffs of their own. In total, as many as 38,000 jobs have been lost in retail so far this year, second only to the crude oil industry.

All these layoffs point to the fact that the way Americans buy their goods is shifting from brick and mortar stores to an online marketplace. Indeed, last quarter the nationwide e-commerce market in the United States grew by 15 percent. Walmart is certainly part of this growth, as its online sales grew by 7 percent during that period but that was slower than the industry as a whole and considerably slower than competitors like Amazon. The pace of Walmart’s online growth has slowed for nine consecutive quarters while its competitors continue to post large gains.

Although Walmart managed to make $14 billion in 2015 through online sales, that was only a paltry 3 percent of its total revenue. While Walmart has made efforts to improve its own online sales–such as expanding the number of products listed and allowing merchants to provide descriptions of their goods–the move to incorporate Jet.com may make sense as it tries to keep up.

While Jet.com’s revenue doesn’t come close to the amount of money made by Walmart’s e-commerce efforts, it has grown relatively quickly with about 400,000 new customers each month. It has sustained this growth by offering lower prices than Walmart and others like Amazon, by linking the buyers directly with the sellers while not accumulating a massive warehouse of inventory. Jet.com’s different style of business and the demographics that it caters to are likely why Walmart found the company so attractive. The following video looks at why Walmart purchased Jet.com:

Competing Against Amazon (and Alibaba)

Walmart’s overall goal is to compete or at least challenge Amazon’s dominance in the American e-commerce market. While Walmart made more in total revenue, Amazon made far more in online sales, pulling in $107 billion (including the web-services component) to Walmart’s previously mentioned $14 billion. Not only did Amazon make more in total, its growth in sales increased at a far greater rate, 31 percent to Walmart’s 7 percent last quarter. Amazon’s growth was also twice as much as the industry as a whole.

Walmart has already taken shots at its online retail rival. On top of recent investments, like its purchase of Jet.com and other efforts to improve its own e-commerce presence, Walmart has also been mimicking some of Amazon’s best practices. Namely, in response to Amazon’s Prime’s free two-day shipping for members, Walmart announced its own Shipping Pass promotion. Shipping Pass provides Walmart shoppers with the option to buy free two-day shipping for a year at about half the price of an Amazon Prime membership. However, unlike Amazon, this deal does not also include a wide range of other benefits like video and music streaming.

One thing that Walmart is unlikely to copy is Amazon’s new strategy of opening physical stores. Seemingly running counter to the emerging conventional wisdom, Amazon recently opened a brick and mortar store in Seattle and plans to open another in San Diego. While the exact rationale behind this decision remains unknown, Amazon founder Jeff Bezos told the Wall Street Journal that the company is experimenting with a lot of new ideas to maximize its revenue. As of now, it looks like Amazon is alone in its decision to open additional physical stores.

International Competition

Although Amazon has established itself as the big fish in the U.S. e-commerce industry and in much of the rest of the world, an even greater threat may be emerging in China. There, a company known as Alibaba controls about 80 percent of the market. Walmart has already taken steps to counter this threat with 400 locations in China and it recently partnered with JD.com to expand its influence in the Chinese market. The accompanying video looks at Alibaba’s business model:

Alibaba is slightly less of a threat to Walmart now because it is primarily focused on China. Additionally, its first foray into the U.S. market failed. However, it does hold a stake in other American companies, namely Groupon, and at one point it even owned a stake in Jet.com. The company’s focus in the near term seems to be learning the nuances of the American market, which could make it a serious challenger in years to come.

Conclusion

Walmart’s purchase of a company that planned to lose money for at least the next four years is indicative of the changing reality of the retail industry. Namely, while retail has long been the domain of brick and mortar physical stores with Walmart leading in sales, things are changing. While physical stores still account for a large proportion of all sales, retailers continue to put an emphasis on e-commerce.

While Walmart is still one of the largest if not the outright largest retailer in the world, in the e-commerce sphere, it lags behind. When it comes to online sales, it finds itself behind the reigning heavyweight Amazon and up against other stiff competitors, such as Alibaba, in developing markets. This explains Walmart’s recent purchase of the fledgling startup, Jet.com, and partnership with other e-commerce sites operating only in China. While $3 billion may seem like a lot, if it gives Walmart an edge online it could be worth much more. But most importantly, this purchase provides more evidence that the future of the retail industry is in online sales. This purchase reflects this trend and illustrates some of the challenges that traditional companies with physical stores may have as they try to adjust.

Currently, none of these three retail titans seems to have outright control over the online market. Walmart appears to be trying to figure out how to fully tap this market like it has the traditional retail industry. Going forward, whichever company is able to most effectively harness these trends will likely be the most successful. Walmart’s purchase of Jet.com may reflect its desire to succeed in a market where it has, so far, fallen behind.

Resources

Tech Crunch: Confirmed: Walmart Buys Jet.com for $3B in cash to Fight Amazon

USA Today: List of the 154 stores Walmart is Closing

CNN Money: Layoffs in Aisle 4! Retailers are Big Job Killers

Wall Street Journal: Wal-Mart to Acquire Jet.com for $3.3 Billion in Cash, Stock

The Street: Walmart’s New Alliance to Take on Alibaba and Amazon

USA Today: Walmart vs. Amazon: Walmart offers Free Trial of 2-day Shipping Program

Wall Street Journal: Amazon Plans More Stores, Bulked-Up Prime Services

Forbes: How Alibaba is Working Toward Establishing Itself in The U.S.? 

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

The post What Walmart’s Purchase of Jet.com Says About the Retail Industry appeared first on Law Street.

Walmart is suing Visa in order to require customers with chip-enabled debit cards authorize their transactions with a PIN instead of a signature.

In a lawsuit filed Tuesday in New York Supreme Court, Walmart claims Visa is forcing the retailer to allow chip-using customers to use signatures, even though signatures are essentially “worthless as a form of authentication.”

According to the The New York Times, a Walmart spokesman said in a statement:

This suit is about protecting our customers’ bank accounts when they use their debit cards at Wal-Mart. We have long advocated for ‘PIN verification’ as opposed to the less secure signature verification for debit transactions. PIN is the only truly secure form of cardholder verification in the marketplace today, and it offers superior security to our customers.

Currently, Walmart customers with chip-enabled cards are asked to use a PIN at checkout, but they have the option to use a signature instead. Walmart is hoping to make these transactions safer by standardizing PIN use, since it claims 91 percent of fraudulent debit card purchases are authorized with signatures.

Chip cards were developed as a safer alternative to standard magnetic strips. These cards are able to encrypt and authenticate data for each transaction, rather than simply recite your credit card number and expiration date to any machine.

Retailers were required in October to install chip-reading terminals into their stores, or face the threat of being liable for fraudulent transactions. Prior to the deadline, banks were on the hook for these charges.

Walmart spokesman Randy Hargrove continued,

Visa has acknowledged in many other countries that chip-and-pin offer greater security. Visa nevertheless has demanded that we allow fraud-prone signature verification for debit transactions in our U.S. stores because Visa stands to make more money processing those transactions.

Visa has not released a statement yet addressing these allegations, but more information is likely to come out as the story develops.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Walmart Sues Visa to Require PINs for Chip-Enabled Debit Cards appeared first on Law Street.

Kraft Heinz and Walmart are being sued over the alleged use of wood pulp in their shredded cheese products. The lawsuits were filed in both Pennsylvania and California, in part in response to a story in Bloomberg last month that described FDA investigations into cheese producers who included wood pulp and cheaper cheddar cheese in the shredded cheeses they labeled as pure parmesan.

That Bloomberg article also looked into a number of other popular parmesan cheese brands to see if their contents included wood pulp, and the results and media coverage sparked outrage across the U.S. Now, some of those angered consumers are taking Kraft Heinz and Walmart to court over the use of wood pulp in their cheeses.

Bloomberg looked into the contents of some of the popular shredded cheese brands. The article reported:

Cellulose is a safe additive, and an acceptable level is 2 percent to 4 percent, according to Dean Sommer, a cheese technologist at the Center for Dairy Research in Madison, Wisconsin. Essential Everyday 100% Grated Parmesan Cheese, from Jewel-Osco, was 8.8 percent cellulose, while Wal-Mart Stores Inc.’s Great Value 100% Grated Parmesan Cheese registered 7.8 percent, according to test results. Whole Foods 365 brand didn’t list cellulose as an ingredient on the label, but still tested at 0.3 percent. Kraft had 3.8 percent.

Cellulose is added in to shredded cheese because it prevents clumping inside the bag. It can also be found in ice cream, and certain types of packaged pastries, as well as other popular commercial food products.

Cellulose isn’t necessarily harmful for humans to consume. As Jaydee Hanson, Policy Director at the Center for Food Safety explained:

You’d have to eat an awful lot of cheese for the cellulose to affect you. Most consumers don’t know but there’s actually cellulose in all kinds of foods — €”cereals, for instance. Basically, anything that is labeled ‘added fiber’ probably has cellulose in it.

However, the lawsuit is based on the fact that customers feel like they were defrauded when they purchased cheese that was mislabeled. So far, lawsuits have filed against Kraft Heinz and Walmart specifically, but given that the “wood pulp in shredded cheese” story doesn’t seem to be dying down, we may see similar lawsuits as the controversy continues to unfold.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Lawsuits Against Shredded Cheese Producers Continue Over Wood Pulp Controversy appeared first on Law Street.

Walmart recently announced that it will be closing 154 stores in the United States as well as an additional 115 stores internationally, and people are ticked. Among the stores closing are all 102 of Walmart’s recently implemented “express” stores, which came into the world about five years ago in an attempt to compete with small town dollar stores. The company is citing several reasons for its decision to close so many stores at once, the main two being that it wants to focus on neighborhood markets and e-commerce more diligently. The express stores apparently did not go over too well and ended up functioning a little more like local markets than the executives at Walmart anticipated, and did not bring in as much of a profit as expected.

So, what problems are the mass exodus of Walmarts causing?

Food Deserts

One of the biggest issues that the affected small towns anticipate is that the disappearance of Walmarts will cause a growth in food deserts in rural and impoverished areas. The USDA defines food deserts as low-access communities where “at least 500 people and/or at least 33 percent of the census tract’s population must reside more than one mile from a supermarket or large grocery store.” According to the Associated Press, the closures will lead to the creation of three new food deserts. Without Walmart, residents will be stripped of access to fresh produce, meats, and all kinds of other foods. In some cases, it may even become risky to get to the closest grocery store, as the people may need to travel across highly trafficked highways just to get food.

Another concern for locals is the fact that, without competition from other vendors, some stores may start to raise prices, making healthy foods even more unaffordable. Walmart is pulling its express stores out of some of the poorest neighborhoods in America, exacerbating problems with unhealthy eating and a lack of access to proper nutrition that millions of Americans already face.

Small Town Chaos

Since the arrival of these Walmarts in the first place, many complained that the stores would take away business from local stores. Tons of self-proclaimed mom and pop shops were forced out of business when they couldn’t compete with Walmart’s “everyday low prices.” But, after dealing with the initial trouble that came with big business growing in a small town, some local business owners began to work at the Walmart stores or, at the very least, became reliant on the presence of the stores to buy their everyday items. Now that Walmart stores announced their departure, small town residents are terrified of what the results could be, claiming that it will almost definitely have a negative effect on town revenue. Some small store owners are even exploring legal options to receive the compensation they feel they deserve for being slighted in the first place.

Unemployment

Of course, possibly the most obvious effect of these closures will be the loss of jobs for around 16,000 employees, 10,000 of whom are people working in the United States. The company has announced that some employees will be transferred to other branches, which, although a nice sentiment, may be difficult for those with limited access to transportation or multiple jobs. Walmart also promised to give all employees who are not transferred 60 days of pay after their last day of work–which will be this coming Thursday–and severance if they are eligible.

Walmart has been in the news recently thanks to criticism from disgruntled employees and consumers who have drawn attention to the company’s low wages. Its average employee, even after the recent wage increases, still gets paid more than a dollar below the average U.S. retail worker. Even though Walmart has been working to increase its employees’ paychecks, it simultaneously began cutting hours and closing stores, making higher wages kind of a moot point.

Remedying the problem

Walmart executives responded to criticism by citing the large impact Walmart has in comparison to the small number of stores that are closing–the company claims the economic impacts of these closings will be minimal. Doug McMillan, CEO of  Walmart Stores, released a statement on the company’s website saying,

The decision to close stores is difficult and we care about the associates who will be impacted. We invested considerable time assessing our stores and clubs and don’t take this lightly. We are supporting those impacted with extra pay and support, and we will take all appropriate steps to ensure they are treated well.

Walmart also plans to open around 300 new stores worldwide next year. Executives say they are still committed to growing the company and fighting food deserts, but need to make sure they are doing it in a way that is disciplined and will best protect the company for years to come.

It is unfortunate that local communities that have adapted to the arrival of the big business will now have to rearrange their lives around its quick disappearance. Walmart claims to be committed to helping its employees and those who have lost jobs because of this decision, but that word may not mean much after the recent series of cutbacks and layoffs, which were supposedly made in the name of raising wages.

Whatever the future may hold, many small town residents are not happy with how they’ve been jerked around by big businesses like Walmart over past several years–in some cases, the company could be ruining people’s lives.

Walmart could be losing a lot of loyal customers with these store closures, but, quite frankly, its astronomically high yearly profits probably won’t suffer all that much.

Alexandra Simone

Alex Simone is an Editorial Senior Fellow at Law Street and a student at The George Washington University, studying Political Science. She is passionate about law and government, but also enjoys the finer things in life like watching crime dramas and enjoying a nice DC brunch. Contact Alex at ASimone@LawStreetmedia.com

The post Walmart Closures Could Hurt Many Low-Income Communities appeared first on Law Street.

ICYMI, check out the Best of the Week from Law Street, including an obnoxious, offensive internet trend, developments in Tracy Morgan’s Walmart lawsuit, and the appearance of a new Pacific island.

#1 FHRITP: Will the Offensive Internet Trend Ever Die?

One of the perils of doing a live news broadcast is that something could go horribly, horribly wrong. In fact, there are entire corners of the internet developed to chronicling the weird things that happen on news broadcasts–particularly smaller stations with fewer resources and less security. Read the full article.

#2 Tracy Morgan’s Lawsuit Against Walmart in Fatal Crash is Finally Settled

Last June comedian and actor Tracy Morgan’s limo bus was involved in a crash with a Walmart tractor trailer truck. The crash killed Morgan’s friend and mentor, comedian James McNair, who was also riding in the vehicle. The accident also left Morgan seriously injured, and two of the other passengers, Ardley Fuqua and Jeffrey Millea, critically hurt as well. Given the nature of the crash, Morgan, Fuqua, and Millea filed a lawsuit against Walmart, and it was just recently announced that that suit has been settled with the three plaintiffs. Read the full article.

#3 A New, Beautiful Island Has Formed in the Pacific

Legendary author James Michener’s eloquent words describe the formation of the islands of Hawaii–the powerful volcanic activity that over the course of millions of years sent a column of rock from the seabed to the open air. Now, off the coast of Japan, it occurs once more. Read the full article.

Chelsey D. Goff

Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

Last June comedian and actor Tracy Morgan’s limo bus was involved in a crash with a Walmart tractor trailer truck. The crash killed Morgan’s friend and mentor, comedian James McNair, who was also riding in the vehicle. The accident also left Morgan seriously injured, and two of the other passengers, Ardley Fuqua and Jeffrey Millea, critically hurt as well. Given the nature of the crash, Morgan, Fuqua, and Millea filed a lawsuit against Walmart, and it was just recently announced that that suit has been settled with the three plaintiffs.

Morgan, a former “Saturday Night Live” and “30 Rock” star, and his friends had left a stand-up show at the Dover Downs Hotel and Casino in Delaware where Morgan had performed, and were traveling along the New Jersey Turnpike when the accident occurred. The driver of the Walmart truck, Kevin Roper, of Georgia, didn’t see the slow-moving traffic, which included the limo bus, until it was too late. Although Roper attempted to swerve, he wasn’t able to, and slammed into the limo bus. The truck hit Morgan’s vehicle directly, but that collision set off a chain reaction crash that involved another truck and other cars.

Although Roper is filing criminal charges and has pleaded not guilty, the civil suit from the victims was filed against Walmart. The driver hadn’t slept for more than 24 hours before the crash occurred. Although exactly why Roper was awake for so long is unclear, there are federal regulations that state that drivers can only work for 11 hours in a 14-hour workday.

The accident happened nealry a year ago, but Morgan is still struggling from the ordeal. He broke his leg, nose, and multiple ribs in the crash, as well as endured severe head trauma and is still recovering. He hasn’t appeared in public since the accident, although his team has announced that he will be appearing on “The Today Show” this coming Monday. He will appear with Matt Lauer, as well as his lawyer Benedict Morelli.

The terms of the recently settled lawsuit are being kept under wraps after the settlement was filed Wednesday in Newark, New Jersey. According to Walmart President and CEO Greg Foran,

Our thoughts continue to go out to everyone that was involved in the accident. While we know there is nothing that can change what happened, Walmart has been committed to doing what’s right to help ensure the wellbeing of all of those who were impacted by the accident. We worked closely with Mr. Morelli, and we are pleased to have reached an amicable settlement that ends this litigation. We are deeply sorry that one of our trucks was involved.

Morgan and Morelli each put out statements announcing that they were pleased with the way the settlement ended. A lawsuit with McNair’s family had already been settled in January.

While the accident was certainly tragic, it’s good that the lawsuit was resolved amicably and relatively quickly. Hopefully it will provide closure for the victims as they continue to recover.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Tracy Morgan’s Lawsuit Against Walmart in Fatal Crash is Finally Settled appeared first on Law Street.

I’ve often aimlessly walked through Walmart looking for something and found myself in an aisle surrounded by weapons. There was always something pretty eerie about the retailer selling firearms. Maybe it was the fact that you could run to the store and pick up doughnuts and guns in the same place, or maybe it was the fact that young children were trying out bicycles just two aisles down from my store’s gun depot. Either way, it was always unsettling.

New York’s Trinity Church. Courtesy of Mith Huang via Flickr

Now, it is these very guns that has Walmart heading to court in a battle with company shareholders. New York based Episcopal Trinity Church, which has about $300,000 worth of shares in Walmart as part of their diverse portfolio, is behind the lawsuit. While Trinity’s investment isn’t huge, its moral bargaining power is strong. Trinity’s main concern lies in Walmart selling high-capacity magazines like those used in mass killings. According to Forbes:

Trinity’s proposal would require Walmart’s board to oversee the sale of “products that especially endanger public safety and well-being, risk impairing the company’s reputation, or offend the family and community values integral to the company’s brand,” as the document first filed with the Security and Exchange Commission last year reads.

This lawsuit looks like an effort from the church to protect its investment in the company in light of recent mass shootings in places like Newtown, Connecticut, where 20-year-old Adam Lanza fatally shot 20 children and 6 adult staff members at Sandy Hook Elementary School.

Shootings like these have  many Americans supporting stricter background checks for those buying firearms. Customers who come into Walmart to buy guns often just have to undergo a quick background check using the National Instant Criminal Background Check System (NICS) and can walk out the same day with a firearm.

If one of Walmart’s guns was to be used in a mass shooting, the potential public blowback could negatively affect the company financially, and as result, Trinity Church. The church’s rector, Rev. Dr. James Cooper, told Forbes:

Somebody is making decisions about what they sell. Trinity doesn’t need to. We would just like them to tell us they have a system in place at the board level to protect the reputation of the company, its values, and protect the citizens who live in that community from extreme harm.

Rev. Cooper and Trinity’s legal counsel Evan Davis were shocked to learn that the company chooses not to sell CDs and games with Parental Advisory warning labels, but will instead sell assault rifles with the capacity for 30 rounds of ammunition. Davis told Forbes:

If it were a video with somebody shooting up a school, or a rap song with somebody talking about shooting up a school, they wouldn’t sell it. So why sell the gun? It doesn’t make sense.

This lawsuit is part of a long battle between the church and Walmart execs for board room oversight. In December 2013, Trinity submitted its shareholder proposal for inclusion in the company’s 2014 proxy materials, but the SEC sided with Walmart, issuing a no-action letter permitting the retailer to exclude the church’s submission from its 2014 annual filings. That’s when Trinity took its case to Delaware’s federal courts.

In November, after months of back-and-forth, U.S. District Judge Leonard Stark decided in Trinity’s favor, ordering Walmart to let its shareholders vote on the church’s proposal. In January, Walmart appealed.

The result of this case could end up affecting how other companies and their shareholders do business, but will more board room oversight be welcomed? In most cases probably not, if Walmart’s resistance is any indication. Regardless, the church still isn’t willing to back down from this gun fight.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post New York Church Challenges Walmart Over Gun Sales appeared first on Law Street.

Supplements. They can come in the form of vitamins, minerals, herbs, or amino acids.  My “New Year, new me” brain tells me they’re good for me, but unless they come in cute, chewable gummy form, I’m just not interested. But for more than half of all Americans, taking some form of daily supplement is pretty routine. Do these tiny capsules actually contain what they say they do? The New York Attorney General’s office says no.

In a new investigation, authorities tested top-selling supplement brands from major retailers and found four out of five of the products didn’t even contain their title ingredients. Instead they contained cheap fillers like powdered rice, garlic, mustard, wheat, and asparagus–many of which could be dangerous for people with allergies.

This information is shocking, but not too hard to believe, since the supplement industry operates in a dietary foods gray area, and therefore isn’t too harshly regulated by the Food and Drug Administration. Due to the 1994 Dietary Supplement Health and Education Act, supplements are considered safe until proven otherwise. Well, apparently we’ve proven otherwise.

In a cease and desist letter sent to GNC, Target, Walgreens, and Wal-Mart, the New York Attorney General’s office demanded these retailers explain how they verify the ingredients in their “adulterated” store brand herbal supplements, as well as take products that weren’t truthful off the shelves.

At Walgreens, investigators discovered the store’s popular brand of supposed “physical endurance enhancing” ginseng pills actually contained powdered garlic and rice. Walmart wasn’t any better–its ginkgo biloba supplements actually contained powdered radish, houseplants, and wheat, despite being listed as “gluten-free.”

What even is ginkgo biloba? Apparently, this medicinal herb boasts the ability to improve blood circulation, memory, cognitive thinking, and according to some, sexual performance. But for those with Celiac disease or other gluten sensitivities, the only thing their Walmart tablets will be improving is their frequency of an upset stomach.

Other supplements to avoid include Target’s ginkgo biloba, St. John’s wort, and valerian root, which all tested negative for the herbs on their labels. GNC’s pills also often unlisted ingredients used as fillers, like powdered legumes, the class of plants that includes peanuts and soybeans. Given the prevalence of nut and soy allergies, this revelation is scary for people with those sensitivities.

The Attorney General’s investigation was prompted by an New York Times article in 2013 that raised questions about widespread labeling fraud in the supplement industry.

Americans don’t like to play around when it comes to their health, so these companies better respond to these allegations swiftly. According to the New York Times, a GNC spokesperson said they would cooperate “in all the appropriate ways,” while Walgreens said it would remove the products from its shelves nationwide, even though only New York State had demanded it. Walmart claimed it would reach out to the suppliers of its pseudo supplements “and take appropriate action.”

Are vitamin supplements even worth the hype? While the ones being sold at these retailers are clearly suspect, the usefulness of vitamins in general is still up for debate. For more information, check out this issues post on the subject.

However, the lack of attention paid to allergy concerns is still the most upsetting thing about this entire scandal. I’m wondering if complaints will start to come out of the woodwork claiming anaphylaxis reactions to these retailers’ products. If so, GNC, Target, Walmart and Walgreens can look forward to some very enjoyable civil suits.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Major Retailers Under Fire for Selling Pseudo Supplements appeared first on Law Street.

As both a holiday shopper and retail-worker veteran, I’ve experienced Black Friday from inside and out. Despite the fact that I’m not really an active bargain-hunter (I prefer to be surprised by deals as I’m randomly browsing), it’s a tradition for me to visit my local mall every year, whether I’m working in a store or shopping myself. This year I’ll be running around the Banana Republic store at The Mall at Short Hills, one of the most sophisticated malls in the country (but trust me, even there people can behave a little primitively for a good deal, especially on Black Friday). So with the big day just a week away, I’d like to share some tips on surviving the holiday without running into any legal troubles. Happy shopping!

1. Don’t Trample and/or Kill Retail Workers

Remember back in 2008 when a Walmart employee died upon opening the doors for anxious shoppers? There have apparently been seven Black Friday-related deaths and 90 injuries since 2006. While Walmart should be held somewhat accountable, given the unfair ways it treats its employees, shoppers also need to calm down. I know heavy advertising and tempting deals can certainly feed into the hype and excitement of getting to be the first one in the store, but come on guys, you’re supposed to show gratitude on Thanksgiving. Don’t be so greedy.

2. Don’t Show Up Until Thanksgiving is Officially Over

With more and more stores opening on Thanksgiving Day to accommodate shoppers who choose to spend their holiday waiting in line instead of being with their families, retail workers end up missing out on spending the holiday with their families too. Lucky magazine compiled a list of its favorite stores that will not be open on Thanksgiving. Support them! I know being around family can be stressful, but some people actually like their families. So out of respect for retail workers, spend the day enjoying your family’s company at home–and then maybe peace out early saying you have to rest up for the next day. (Kidding! Okay, well, kind of.)

3. Please, For the Love of God, Try to Keep the Stores Neat

As a visual specialist, nothing angers me more than setting up a display only for a customer to dismantle it the second I turn around. You know what’s part of a sales associate’s job description? Finding the right size for customers. So when in doubt just ask, because it’s a lot easier for the person who folded the pile to begin with to pull a size, than for a customer who may already have their hands full of other items. That said…

4. …Please Be Patient with Sales Associates and Any Other Store/Mall Employees

Believe it or not we actually want to help you. It makes us happy and will make you happy. Trust me. Personally I am a very independent shopper. I don’t really like talking to people when I shop; I rarely even bring friends with me. But sometimes a manager or associate whose job it is to know all about the product may be able to offer something that you never would have known if you hadn’t given them your time of day. Did you know those shirts are non-iron? Those jeans come in three other washes. That dress would look great with these shoes. If you spend over $100 dollars today you get a free gift with purchase. I swear we’re not JUST trying to make a sale (most stores don’t even pay commission anymore), we just really like to help and offer our opinions, like we would for a friend.

But at the same time, try not to be too demanding of employees. Sometimes an associate, or even a manager may not know something about a product, because they are not the ones who produce the item. If you have any questions that store employees are not sure about, check out the store’s website or call its corporate headquarters. Customer service extends well beyond a company’s brick-and-morter locations.

5. Don’t Forget to Give!

Part of the reason I’ve loved working for Gap Inc. over the last three years is that they always give back. Every holiday season, stores “Adopt a Family” so employees can buy gifts for a family in need. And with around 100 employees per store, that’s a lot of potential to give. My store collects non-perishable foods from employees, as well. But there are still opportunities for customers to give too. Saks Fifth Avenue has had a partnership with St. Jude’s since 2006 and they host a lot of auctions and benefits, especially around the holidays. And of course there’s Macy’s famous Believe campaign with Make A Wish Foundation where for every letter to Santa put in their mailbox, they’ll donate one dollar. Also, don’t just ignore that Santa standing out in the cold collecting money for the Salvation Army. I usually just drop my change from Starbucks in there because it’s already in my hand anyway.

Have fun and happy holidays!

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

The post Your Foolproof Black Friday Guide, Fashion Law Edition appeared first on Law Street.

A lot has happened in the world of fashion lawsuits and controversial apparel lately. So this week I thought I’d do a roundup of the brands that have come under fire, or even started the fire, over the past few weeks.

H&M Accused of Producing a Kurdish Jumpsuit

H&M have been inspired by the Kurdish female fighters. pic.twitter.com/3QzC7nQgsA

— Wasan Shoresh (@K4life_) October 5, 2014

Last week people seemed to get all up in a tizzy about a green khaki jumpsuit featured in H&M’s latest Fall campaign. Apparently the jumpsuit appeared to be a little too similar to the ones female Kurdish soldiers wear in the Middle East to defend against ISIS. But if you ask me, such a military-inspired jumpsuit has become pretty ubiquitous in almost any culture. H&M also released the jumpsuit in other colors besides the allegedly offensive green, as well as a denim version. In this case, I think consumers have once again read a little too much into the motive behind the garment. While we should definitely be aware of both the women and men fighting for their rights in the Middle East right now, in this case any similarities between H&M’s version of the jumpsuit and the ones Kurdish soldiers wear are merely coincidental.

Converse Sues to Protect Its Classic Shoe

The only thing more prevalent than the classic Chuck Taylor All Stars are the various knockoff versions of it and Converse has finally decided to put its foot down (pun unintended). Converse is accusing 31 companies, including Walmart, Kmart, and Skechers, of trademark infringement for copying elements like the black stripe along the sole and the rubber toe cap. On Tuesday the company filed 22 separate lawsuits in United States District Court in Brooklyn. As much as fake Chuck Taylors annoy me, I can’t help but wonder what took Converse so long to finally take action. Is it possibly too late? I guess we’ll have to just wait and see if they can stomp out their competition (okay, the pun was intended that time).

Bottega Veneta Trademarks a Knot (or at least is trying to)

Courtesy of Jerine Lay via Flickr.

This one is not really as crazy as the others, but I still thought it was interesting. Bottega Veneta is trying to trademark the metal knot it uses on its handbags, particularly as the clasp for its clutches. Apparently that’s easier said than done. The U.S. Patent and Trademark Offices (USPTO) rejected Bottega’s claim, saying that it was not distinctive enough. The designer then had to re-present its case citing the amount of sales they have made and how notorious they are for this particular “configuration” based on its ads. The company also compared its knot to the Chanel double C’s, the Tory Burch cross, and the Ferragamo bow.  Apparently that still wasn’t enough to convince USPTO, but the design house still won’t take no for answer and wants to reapply. As important as it is for designers to protect “trademark” elements, I hope that Bottega doesn’t get too tied up in this application process. (Okay that was the last one I swear!)

Chanel Sues Over Ghostbusters Sweatshirt

Parody T-shirt brand What About Yves has been creating a stir since releasing apparel with the message “Ain’t Laurent Without Yves,” regarding the haus’s name change to Saint Laurent Paris, a couple of years ago. For the most part the targeted designers let the streetwear brand be, but Chanel is not too happy about its use of the company’s logo. Just in time for Halloween, What About Yves released a Sweatshirt with the classic double C logo with the Ghostbusters ghost in between. I’m not sure if this is just supposed to be a festive clothing item, but if there is some kind of joke behind it I don’t get it. But yet again, why has Chanel decided to come after someone using its logo now? I’m not sure. Maybe they just decided that since the tacky clothier Jeanine Heller has finally targeted them that it’s their opportunity to take the designer-offending brand down. I know I sure wouldn’t mind if they did.

—

Katherine Fabian (@kafernn) is a recent graduate of Fordham University’s College at Lincoln Center and is currently applying to law schools, freelance writing, and teaching yoga. She hopes to one day practice fashion law and defend the intellectual property rights of designers.

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

The post This Week in Fashion Law: Kurdish Jumpsuits and Ghostbusters appeared first on Law Street.

Hey y’all!

I’ll be honest, I have never been a fan of Wal-Mart. I get the appeal of the low-cost products and everything, but I’ve never felt like any Wal-Mart I have ever been in has seemed clean or worthy of my money. I also have a huge problem with all of the lawsuits that seem to stem from Wal-Mart mistreating its employees, especially women.

Back in June there was a fatal accident involving a Wal-Mart delivery truck and a limousine party bus. The party bus was carrying comedian Tracy Morgan and his posse. One man was killed and several injured, including Morgan who was in critical condition at one point. The semi-truck driver had supposedly been awake for 24 consecutive hours and was reportedly going 20 miles per hour OVER the speed limit.

Naturally after all is said and done, Morgan has filed a lawsuit against Wal-Mart because of the accident. I would too if I were him, but he had to see the blame game coming.

Good ol’ Wal-Mart has come out in the last several days to say that because Morgan and the other passengers were not wearing seat belts they are to blame for their injuries. Well Wal-Mart, if that’s the only defense you have then you certainly are scraping the bottom of the barrel. But it is actually a good defense — that’s why the Wal-Mart lawyers get paid the big bucks. I want to be a lawyer, but I could never imagine taking a job for Wal-Mart no matter how much it offered to pay me. With the amount of shitty lawsuits that that company has to deal with I would probably end up retiring early and forced into the nut house. I could never work for a company that has zero respect for anyone, even its own employees.

As for the truck driver, he may have been under some pressure to get his shipment out quickly and maybe was told to overlook the trucking industry regulations because Wal-Mart needs its shelves fully stocked at all times. But then again, does a Wal-Mart-employed truck driver have a different set of rules then what OSHA (Occupational Safety and Health Administration) requires? Have the great slimy lawyers of Wal-Mart found a loop hole? Don’t get me wrong, I love lawyers — I want to be one. But the idea of what Wal-Mart has gotten away with because of its lawyers rubs me the wrong way!

Should Morgan have had his seat belt on while whooping it up in the party bus? Uhm, maybe. Are there even seat belts on a party bus? I’m sure there are, but they are probably so neglected that they have been tucked under the seats by so many people and forgotten. When I think of a party bus I think of a safe driver who creates a safe atmosphere in the bus so that passengers don’t have to think about safety or even seat belts. That’s the purpose of hiring a driver, so you can have fun and be safe with a sober, capable, licensed driver.

Wal-Mart said the injuries were “caused, in whole or in part, by the plaintiffs’ failure to properly wear an appropriate available seat belt restraint device.” The company said that by not using seat belts, the plaintiffs “acted unreasonably and in disregard of plaintiffs’ own best interests.” I’m sorry, WHAT!?! YOUR DRIVER had been awake for 24 consecutive hours and YOUR DRIVER was going 20 mph OVER the speed limit! Your driver “acted unreasonably and in disregard” of his own life and the lives of any other motorists on the highway!

If you look at the pictures from the crash you can see that even if Morgan and his friends had their seat belts on there was enough damage done that it still would have caused injuries. Seat belts are great but just because you are strapped into a chair does not mean that you will not be harmed or even killed.

So to those dear Wal-Mart lawyers, you should reconsider allowing your client to blame Tracy Morgan’s injuries on the fact that he was not wearing his seat belt because I just gave a better defense. Would a judge side with me? Who knows. I’m no lawyer, yet! But if you are any good at your job you would have seen both sides of the coin before allowing a statement to be released blaming someone for injuries that were incurred because of an accident one of YOUR EMPLOYEES caused!

Shame on you Wal-Mart, shame on you!

—

Allison Dawson (@AllyD528) Born in Germany, raised in Mississippi and Texas. Graduate of Texas Tech University and Arizona State University. Currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative.

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

The post Wal-Mart Blames Injuries From Tracy Morgan’s Crash on Lack of Seat Belts appeared first on Law Street.

Law Street’s Capitalista, Natasha Paulmeno, couldn’t have been more on point when she wrote recently that Resume Lies Really Are the Worst Decision Ever.

This week it came out that David Tovar, chief spokesperson for Walmart, misrepresented his education history and will be leaving the company in the coming weeks. Tovar was hired by Walmart in 2006, but the company only discovered that he did not actually graduate with an Arts degree from the University of Delaware when he was being considered for a promotion. His background information was flagged by a private company to which Walmart outsourced the heightened background check. According to Tovar in an interview with the New York Post, “I was an art major going into a communications field. I didn’t think a degree was necessary to pursuing my career.”

Tovar is partially right — there are plenty of jobs for which you don’t need a specific degree, and some that you don’t need a degree at all to get. Where he goes wrong, however, is lying about it in the first place. Like any relationship, professional or personal, building on a lie — even if you, Like Tovar, want to call it an “error of omission” — dooms you to failure. Would Tovar have been hired for his position at Walmart had he been honest about his background? Probably not. But that’s the employer’s decision to make, and when you lie about key factors in the hiring process you deprive the employer of that right and risk the painful and embarrassing fallout.

Moral of the story? Work hard and own your truth. And read Natasha’s tips for avoiding resume lies.

—

Chelsey Goff (@cddg) is Chief People Officer at Law Street. She is a Granite State native who holds a Master of Public Policy in Urban Policy from the George Washington University in DC. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at cgoff@LawStreetMedia.com.

Featured image courtesy of [depone via Flickr]

Chelsey D. Goff

Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

The post We Weren’t Kidding, Resume Lies Really Are the Worst Decision Ever appeared first on Law Street.

“There was a terrible accident. The car’s flipped, it’s on its side. It’s two vehicles and a Walmart truck,” reported one passerby in the wee morning hours of Saturday, June 7. The accident received heavy media coverage — the three-car pile up killed one and injured four. Among the injured was celeb Tracy Morgan, who needed surgery on his broken leg; he also suffered several broken ribs and a broken nose. The comedian, best known for his NBC gigs with “Saturday Night Live” and “30 Rock,” also lost his mentor and fellow funnyman James “Jimmy Mack” McNair. McNair was pronounced dead at the scene.

The driver of the Walmart truck, Kevin Roper, has been charged with vehicular homicide. He was said to be “driving recklessly” because he had not slept in 24 hours. As a result of this accident, debates over regulations for commercial truck drivers have sprung up across the country.

Hours-of-Service Regulations

July 1, 2013 marked the initiation of new hours-of-service regulations for truck drivers. The goal of the new regulations was to “improve safety for the motoring public by reducing truck driver fatigue,” according to a news release by The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).

The new rules reduced the maximum average workweek for truck drivers from 82 hours to 70 hours. Drivers are required to rest for 34 consecutive hours, including two full nights’ sleep, before they can begin a new workweek. Lastly, drivers must take a 30-minute break within the first eight hours of their shifts. The DOT estimated that these changes would save 19 lives, prevent 560 injuries, and thwart 1,400 crashes each year. In crafting these changes, the DOT worked to prevent death, injury, and damage to the “motoring public.” While the shift was indeed positive, there could be more changes made to worker regulations. In this case, I do not blame Walmart nor the DOT for taking inadequate precautions.

Blame Roper

You’d think it would be common sense to take a nap and recharge before driving an 80-thousand-pound truck cross-country in the middle of the night. I don’t know Roper’s situation — he could have been depending on his paycheck for medical bills or rent or a variety of other inescapable obligations. But his ill-planned actions resulted in the loss of a life and myriad suffering.

Roper pleaded not guilty for the accident, and police are having a difficult time proving his lack of sleep. He claims that had he not hit a celebrity and killed a member of Morgan’s entourage, the consequences would have been far less severe. He even ranted on Twitter about the situation.

Driving while deprived of sleep is classified as reckless driving in the state of New Jersey, where the accident occurred. If hard evidence was found proving he had not slept in more than 24 hours, Roper could be sentenced up to ten years. It seems the only chance of obtaining this evidence would be a confession from Roper. And we all know that’s not going to happen.

I do not believe Roper is a hardened criminal, but someone who made a poor decision. We all make mistakes. When we’re young, we’re taught to think before we act, but that lesson doesn’t always stick. The real issue is that Roper’s lack of cognizance resulted in the loss of life.

The accident left McNair’s family in shambles. His 18-year-old daughter passed out at his funeral, where hundreds showed up to lend the family support. Roper took away a father’s opportunity to see his children grow up. Roper should take responsibility for cutting McNair’s life short and stop complaining about the amount of media coverage the case receives.

The federal government has done its part by enacting limitations on drivers’ workweeks. Maybe this change is not enough and should be further amended, but I’m not a truck driver so I really don’t know. Maybe some consultation with those in the industry could lead to even more appropriate guidelines. I do think Roper deserves to serve time for his actions and should retract his Twitter tirade.

If it were one of my family members in the crash, I would want to know that justice was served. I would want to know that changes would be made to protect my family, friends, and the rest of the motoring public. I would make an example of Roper to teach other truck drivers to think before they sit behind the wheel for overnight cross-country drives. Because au contraire to Roper’s opinion that this accident wouldn’t blow up if a star weren’t involved, a man was killed because of his actions, and his life was just as important as anyone else’s.

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Natasha Paulmeno (@natashapaulmeno)

Featured image courtesy of [Sam Lehman via Flickr]

Natasha Paulmeno

Natasha Paulmeno is an aspiring PR professional studying at the University of Maryland. She is learning to speak Spanish fluently through travel, music, and school. In her spare time she enjoys Bachata music, playing with her dog, and exploring social media trends. Contact Natasha at staff@LawStreetMedia.com.

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