Law And More

"District of Columbia v. DoorDash" - Alleged Violation of Consumer Protection Procedures Act

Food delivery is big business.

DoorDash, valued at $13 billion, has a nice piece of that - for now.

But after the members of the media run with this lawsuit, that market share could shrink, along with brand erosion.

BusinessInsider reports that District of Columbia Attorney General Karl Racine has filed a lawsuit against Doordash. Here is a copy of the complaint "District of Columbia v. DoorDash." It is titled "Violation of the Consumer Protection Procedures Act."

Essentially, the AG contends that between July 2017 and September 2019 DoorDash used tips from consumers to subsidize its own balance sheet.

Consumers assumed the tips were going to the delivery drivers.

Instead, the AG claims this: If the amount of revenue from the delivery didn't pay the worker's minimum compensation, then DoorDash applied the tip to that to bring it up to standard. Whatever was left over from the tip DoorDash pocketed. 

Two parties were allegedly harmed. Consumers had been fooled about where their tip was going. So much for transparency. The workers didn't receive the tip.

When the policy was uncovered there had been a outcry by constituencies ranging from the press to the individual drivers. The policy was then changed.

Unfortunately, if this lawsuit hurts DoorDash's business what also could be hurt is the ability of their drivers to continue with this work. They will have to hustle to find other sources of income.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

The Recovery Industry - Lisa Smith Is Doing Well

Like any needed service, recovery has become an industry.

As such, it provides increasing professional opportunity for those who can put together the right positioning and packaging. 

Among those is Lisa Smith, feathered recently in a Law.com podcast. Earlier, Abovethelaw covered her downward trajectory and climb back up. In the successful book "Girl Walks Out of Bar," Smith tells her story. So had Susan Cheever and Pete Hamill.

Smith's struggle with booze took place when she was an employee in BigLaw, both practicing law and in a job developing new business. Currently she is a self-employed consultant. 

Smith, Cheever, and Hamill are hardly alone in getting being taken over by alcohol. According the National Institute of Alcohol Abuse and Alcoholism, about 14.1 million of those 18 years of age or older find themselves in that pickle. 

The question is: Does telling your story, as they have, help others who haven't yet had that "moment of clarity" that booze is interfering in one or more parts of their lives? 

Yes, 12-step recovery program Alcoholics Anonymous has institutionalized speaker meetings. At them the recovered share how it was, what they did about that, and how it is now. Yet, at best, AA's success rate is between 8% and 12%. So, no, all those stories aren't creating and sustaining a life without booze.

In my own little life, I have the hunch that sharing my own story, both in formal recovery settings and with those who are slipping into alcohol addiction, hasn't helped anyone.

It probably hasn't helped me either, not in any way. What I realized is this: That story isn't significant to me. I drank and ran into problems. I stopped drinking and ran into new kinds of problems. Both I and, it seems, science are clueless why some recover and maintain sobriety and many more don't. 

Of course, given the devastation alcoholism inflicts on the workplace, the family, and the individual, there is a desperate outreach for what might short circuit the syndrome. That triggers mythologies about what is helpful. Yet, when those illusions are foisted on those in the midst of alcoholism and the recommendations don't succeed, there could be the frustration that accelerates the progress of the disease. 

When it comes to trying to be helpful to another human being who is suffering with alcoholism, it might be wise to take on the mindset and behavior of The Good Parent: Be there, be gentle, be short on advice. Usually retelling all the stories about alcoholism in the family or in one's own life isn't useful. 

Takeaway: This long holiday season give the gift of not sharing your own recovery story or the story of those who managed to climb out of the bottle. Just show you care in an overall way. Download the film "Tender Mercies."

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Homeless, Business, Law - Las Vegas Tries Something Out

Las Vegas, like so many metro areas, is undergoing the perfect storm. 

There is growing homeless created by:

• Landlord Nation, that is, high rents with no caps for the percentage of increase at lease-renewal time.
• Substance abuse, and not only opioids. Attend any 12-step meeting and there is plenty of speaker presentations about winding up on the street because of booze.
• Unemployment and underemployment triggered by a volatile global economy driven by technology
• Mental illness, much of which science doesn't yet understand. Finally, it is admitting clinical depression is a chronic disease. 

That's no new story, of course.

Also, not new is that the realities of the homeless camped on the streets had been hurting local businesses. For Las Vegas one of those businesses is tourism. No couple from the UK wants to step over human bodies to get into X or Y commercial establishment. Through word of mouth, the message could go out: Skip Las Vegas. 

So, it shouldn't be a surprise that Las Vegas is trying out something legally to address this business problem. There is little or no humanity sprinkled in. As the Daily Mail reports, the new law forbids living sleeping on the downtown (this doesn't apply to the strip) streets if a bed is available in a shelter. There is a fine of $1,000. Haha, as if the homeless can buy their way out of the legal pickle.

Those putting together the law hoped to anticipate legal challenges through the provision of "if a bed is available." A law without that had been struck down in Boise, Idaho by the 9th U.S. Circuit Court of Appeals. 

Of course, human rights groups are already active opposing this one. What some may have in mind is the poignant true saga captured in "Stuart: A Life Backwards."

That started out as a book, then it became a theatrical production and movie. By Alexander Masters, it chronicles the life on the streets of a man who, since childhood, endured profound emotional and spiritual suffering. The UK social system would provide housing for him and he made it his business to untangle himself from that and return to his social network on the street. One meme is: the right to live without a roof over one's head.  

Also, there is the horror of the shelters themselves. No, the street isn't safe. But shelters aren't either. Also, being in them can rob the soul, while taking care of the body, of human dignity. The other occupants can be emotional and spiritual downers.

Through wrong information when I was traveling in England, I wound up spending a night in a shelter on the East End. What popped in my head: No human being should have to provide for his or her physical needs in this way.

Later, in the U.S. I did volunteer work collecting and transporting food from local grocers to shelters, including those housing whole families. I wondered why there couldn't be a better solution to not being able to pony up rent in the U.S.? 

More recently, when running two businesses in southwestern Arizona, I encountered Millennials who feared homelessness more than anything. That was a reason they held on to low-paying jobs rather than taking career risks and/or remained in relationships which did pay the rent.

Obviously, homelessness should be a major issue in Election 2020. Meanwhile legal experts will track this Las Vegas law.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

The Extreme Immorality of Cutting the Line - In Addition, That Should Be Made Illegal

You don't cut the line.

Not in New York. 

And, now we know: Not in Maryland, either.

If you are insane or suffer from extreme self-destructiveness and do cut the line, punishment may be immediate. Yes, you could get beat up and die. Or the penalty will be dished out later, as in being jumped or your windshield smashed a month later for seemingly no reason. 

That is one of the many lessons in staying alive native New Yorkers get down cold from the get-go. 

Had Kevin Tyrell Davis grown up on the mean and very unforgiving streets of New York or had developed an inner New York ethos he would never have cut the line in Popeyes. He would have dutifully waited his turn for the new Popeyes sandwich in Prince George's County, MD.

But he did cut the line.

As the Daily Mail reports, he was steered outside the food shop and stabbed. He died from those wounds.

A suspect is in custody. Some will not position and package Davis' death as a tragedy. Instead, they will, like a chant from a Greek Chorus, form the consensus that he had it coming. You don't cut the line.

Other lessons I learned in New York which has kept me on the right side of the daises include:

•  Don't take too long paying in change or returning to the aisles in the grocery store for a forgotten item, at least not when already in the process of checking out. That subway train has already left the station.
•  Acquire real money, that is, wealth.
•  Maintain a set jaw. If done right that discourages unwanted attention and conversation.
•  Avoid certainty. Everyone is different and everyone demands respect.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Starbucks & Alleged Failure to Warn

Horrors.

There was an outage one morning on Buckeye Broadband High-Speed Internet Service in West Toledo, Ohio.

Of course, since I operate two telecommuting enterprises I headed out to Starbucks for an internet connection. After all, with small businesses and gig economy workers Starbuck's branding was about free access to WiFi. Sit there plugged in as long as needed. 

Horrors, again. After I had unpacked my laptop, put my legal pad and pen next to it, and readied to check my email, my eyes bugged. No WiFi at Starbucks, housed in Kroger Supermarket, 833 W. Alexis Road, Toledo, OH. 

"Why isn't there WiFi?"

That's what I asked the clerk behind the Starbucks counter.

"This is a grocery store."

So, Starbucks in a grocery store isn't Starbucks?

Yet, there was no disclaimer that WiFi wouldn't be available. Suppose I had ordered one of the expensive coffees, then found out I wouldn't be having access to WiFi? In legal circles, that's known as "failure to warn." Would I be able to organize a class-action lawsuit?

I regrouped. I had to. Sure, I checked email on my smartphone but for the actual work I needed the programs on my laptop.

I gathered up my paraphernalia and high-tailed it to Target. That was at 817 W. Alexis Avenue, Toledo, OH. The café wasn't open yet. But I tried my luck. Yes, there was a WiFi connection.

I was back in business.

Buckeye Broadband wasn't back for hours and hours.

Those hours I spent in Target, nursing one large Diet Coke. The clerks, when the café turned on its lights, were friendly. They wished me well in my business. 

Target turns out to the superhero in internet provider blackouts. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Professional Services Such as Law, New Business Development, Power Lunching

Everything changes. 

That includes power, or at least how it's played out.

Those with it or chasing it used to have to be "seen" lunching in pricey restaurants like Michael's in Manhattan. Currently, as the New York Post observers, that ritual is becoming extinct. Yes, when it comes to those long boozy, high carb dining experiences, what's occurring is a power outage.

The new establishment - Millennials - have put together different ways of demonstrating they are in power or should be factored in as heading there. 

So, how does power look in 2019? 

Well, it's too busy with work to go out to eat. Something, usually healthy, is consumed at a desk, next to some kind of digital device. Since Puritan times, work has represented salvation. Many Millennial souls are being saved in the always-on-duty ethos of digital times. 

Power is also transmitted through social networks. Digital influencers are those who count. On Twitter and Instagram they have plenty of followers. For the buttoned-down among the influencers, there have to be triple-digit likes and comments on LinkedIn Updates. 

Also, power is symbolized by wellness. It's at the gym. It's riding a bike to the office, even amid the scary streets of Manhattan. It's lean and hungry. Come on now, there has always been something decadent about too much food and alcohol in overpriced restaurants. 

What has been becoming the code for power is the phrase "I don't do lunch." That's even trickled down to the level of non-strivers.

The ladies who used to lunch know better or should know better not to do that any more. Instead, they should be out there trying to change the world. Protesting is good. Volunteering in an animal shelter is better. Best of all is active listening. Those who have recovered the ability to be there in real time for a friend in need are the current superheroes in society. Suicides are likely being prevented.

The crowd over-50 has been embracing minimalism. That's to insulate themselves when they are forced out of jobs. According to ProPublica and the Urban Institute, more than half will lose their jobs, mostly because of factors somehow related to age. When they do bounce back into the workforce, only one-tenth of them will be earning comparable compensation. Radical saving is mandated. Money for lunch is money wasted. 

Of course, there are still lines of business, especially in professional services, where the players wine and dine prospects. Actually, that's one reason so many brandname public relations agencies and law firms are based in Manhattan.

The head of whatever at Corporation XYX in Minnesota expects that special treatment by those competing for the account. And they want it to unfold in Manhattan. Not Fairlawn, New Jersey. Law partners have to build into their schedules time slots for power lunching to develop new business.

Exactly how to orchestrate all that should be provided as an elective in the T-14 law schools. Current business is so much less important to holding onto a job than rainmaking. 

But, overall, just like Airbnb disrupted the lodging industry, the decline of the power lunch will reconfigure the restaurant one. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

NYC Restaurant Owner Pays Damages, Fine for Not Allowing Service Dogs

The law in New York City is this: Service dogs are allowed in restaurants if they are registered with the Department of Health. At the restaurant, the law further states, it is not necessary for the canine's registration papers as a service dog to be shown.

Twice, Judge John Spooner ruled, restaurant owner Besim Kukaj violated that law.

The two restaurants involved had been Limon Jungle and Intermezzo. As a result he will pay $14,000 in damages and a $50,000 fine to the city. This ruling follows a trial in which the Commission on Human Rights went after Kukaj, who owns multiple eateries, for barring service dogs.

At Limon Jungle, Henry Goldstein, who suffers from anxiety, brought his service dog Cookie. Employees told him he had to leave. 

At Intermezzo, there was a kind of sting. A call was made to arrange for a private party and a request was made to bring the service dog. Employees didn't allow that. 

The high fine was to send a message about not messing with the law regarding service dogs. Goldstein felt humiliated to be evicted from the restaurant. Here are more details from The Wall Street Journal.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Sober Curious Movement - There Goes the DUI Defense Niche for SmallLaw, Solos

Wellness really is catching on. And it is that mainstream preoccupation which could eliminate consuming alcohol from lifestyles, deep-six the beer/wine/spirits industry, and, yes, eliminate the DUI defense niche for SmallLaw and Solos.

Lancet had published a landmark study on how, globally, alcohol is the seventh leading cause of death and disability.

Moreover, the benefits to the heart of moderate drinking are being questioned. Are they worth continuing to have alcohol in one's life?  After all, moderate drinking - one drink for females, two for males - rarely takes place. Once the drinking starts the dynamic is that consumption goes way beyond that. 

As MarketWatch reports, there is really a "sober curious" movement. Millennials are in the front lines of alcohol free socializing. In addition to health, another concern is being able to keep up alertness and energy for work. The labor market is a dog fight. 

One way the movement is catching fire is through individual and group experimentation. Folks are just trying out not drinking. Can they really enjoy hanging out with friends without the social lubricant of alcohol? 

Given entrepreneurship, alcohol-free beverages are being concocted. However, there should be a warning for those with a history of alcohol abuse who now abstain that those beverages could trigger a relapse. For years, recovery programs such as Alcoholics Anonymous have warned that the taste of non-alcoholic beer could re-stimulate the yearning for the real thing. 

Meanwhile, SmallLaw and solos have to take this development seriously. After all, the focus on healthy unhinged giant corporations such as Pepsico and General Mills. Unhealthy habits have been The New Uncool. "You are not taking care of yourself" has evolved into the shaming mantra.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Ghosts of the Puritans - Sin Taxes, Laws, Wellness Restrictions, and More

Famous artist David Hockney is fleeing his life in Los Angeles and relocating to Normandy, France. His beef is that in the U.S. pleasure is verboten. He wants, for example, to be able to enjoy a cigarette in a restaurant when dining. 

His exodus raises the very old issue: Do Americans feel barred from embracing life as a good experience versus the drudgery of work, save (invest), and showing off success? For instance, it's obvious myriad prominent lawyers seem unable to relax and just be. Workworkwork seems their ethos.

So much of that goes back to the Puritan founders of America.

Their world view was that human beings were on planet earth to honor God. That was to be through hard work. Their outsides reflected their insides. That is, they would exhibit wealth and status in their society if their inner life had been virtuous. Enjoyment? Maybe on a few designated holidays.

Those who veered from this mindset were punished in public ways. From high school English class, many recall the novel about the scarlet letter the sexually loose had to wear. But, being held in the stocks was no fiction. And, no, if you were part of the Puritan community, you didn't want to wind up there. As we all know, being shamed is a brutal emotional ordeal.

So many taxes, laws, wellness restrictions, and other aspects of American life seem embedded in that Puritan value system. Those who rebel against being in that box will be punished - in public. That can take the form of simple criticism for not being engaging in wellness to arrest for walking along the street tipsy from alcohol.

The irony about the latter is this: As Susan Cheever documents in her book "Drinking in America," the founders were a bunch of drunks. Getting really wasted on booze was perfectly okay unless the happy soul started vomiting a lot under the table. Then, that was it, for that night. But usually there was no it. Intoxication was woven in the fabric of life. In addition, with food not plentiful, the necessary number of calories had to come from boozing. 

Can America ever shake its Puritan heritage?

That's unlikely as long as it is totally committed to capitalism. It had been the Puritans who had created what had been for a long time the most powerful economy in the world. Professional success is the informal religion.

To achieve that no one can risk being observed buying into a pleasure ethos. Just bear witness how activists are railing against the hedonistic members of the 1%. The assumption is that they should be working hard at sharing their expertise and wealth. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Dollar Stores - Targeted by Law Enforcement, et al.

The message is out: The dollar store in your neighborhood is not your friend.

Soon enough, through word of mouth as well as media coverage, there could be an unofficial excommunicado against all dollar stores, as there had been in film "John Wick 3."

When the dollar store first entered neighborhoods, both affluent and low-income, its branding was on the side of the angels.

This phenomenon was positioned and packaged as saving everyone money. Often discounts were (and still are) significant. A well-designed mug that would have cost more than five bucks in the traditional household goods retailer could go for a buck in one type of the dollar tree niche.

That was then.

Now, as BusinessInsider reports, the aura is off the brand. 

The biggest problem it has created is that its presence has de-motivated full-service grocery stores from staying or moving in the neighborhood.

That has stranded those in low-income areas from having easy access to fresh produce. Yes, dollar stores sell food but not much in the way of fresh vegetables and fruits. What is there ranges from what would be classified as "unhealthy" to frozen. Increasingly, researchers are documenting the link between nutrition and health.

In addition, lawsuits contend that dollar stores sell expired merchandise. That includes over the counter drugs and edible products.

Also, there have been allegations about defective products such as motor oil.

It's likely that an excommunicado could take the form of a neighborhood boycott with the activists providing free transportation to traditional grocery stores. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.