Categories
Missouri Law & FAQ

Understanding Your Miranda Rights

Under the Fourth Amendment, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. If the police are merely bringing you to the police station for questioning, they cannot arrest you unless they obtain probable cause with regards to you committing a crime. There have been times where questioning can get intense, almost to the point that the questioned individual is coerced by the police. This can be problematic, because it can lead to someone confessing to a crime they didn’t truly commit.

Additionally, determining whether the Fourth Amendment or the Fifth Amendment applies can be tricky in these sort of situations. Under the Fifth Amendment, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law . . . .” This is where the Miranda rights come in to play, which you might be slightly familiar with. They are:

  1. You have the right to remain silent
  2. You have the right to an attorney (This is where we come in should you be able to afford one, but if not the court will appoint you one)
  3. Anything you say or do will be used against you in a court of law

These rights should be provided to you by the police when you are in custodial interrogation. Preliminary questions do not count (asking your name, etc.). Rather, interrogation can go beyond direct questions to comments made by a police officer if the officer should know that the suspect might provide incriminating information in response. Furthermore, in order for the Fifth Amendment to apply, a person must be in custody, which is any situation in which an individual does not have freedom of action. They do not need to be formally arrested, placed in handcuffs, or otherwise physically restrained.

 

If you wish to request an attorney, you must state it UNAMBIGUOUSLY! For instance, “I think I might need a lawyer” isn’t enough to terminate the interrogation phase. Once you request a lawyer, the police are not allowed to ask you any questions relating to the incident. However, if you say something about the case to them, you might end up waiving your right to counsel and facing requestioning. If the police fail to honor your Miranda rights, that would be unlawful.

Categories
Bankruptcy IP & Entertainment Uncategorized

Ott Law Firm Podcast 1

Okay. Hey guys, how you doing this job out here?

And I am here with my friend max, grows walled and my associate attorney, Mark blankenship. And uh I am an attorney here in ST louis Missouri. We have a nationwide litigation practice with an emphasis on civil litigation Okay. Hey guys, how you doing this job out here? And I am here with my friend max, grows walled and my associate attorney, Mark blankenship.

 

And uh I am an attorney here in ST louis Missouri. We have a nationwide litigation practice with an emphasis on civil litigation and have had a lot of good recoveries in different areas from and have had a lot of good recoveries in different areas from risa, obviously personal injury and that type of thing and on contract disputes and and that sort of thing.

Uh and we’re coming today, we want to start this podcast where we’re going to give cutting edge legal advice from sophisticated attorneys that practice risa, obviously

personal injury and that type of thing and on contract disputes and and that sort of thing. Uh and we’re coming today, we want to start this podcast where we’re going to give cutting edge legal advice

from sophisticated attorneys that practice and try and deliver, take home information that people out there can use in their own lives and try and deliver, take home information that people out there can use in their own lives um and just to gain a

better understanding of the types of situations that they might be going through. um and just to gain a better understanding of the types of situations that they might be going through. So, uh we were having a conversation here before just trying to kind of get

to know everybody. Um and so max, why don’t you tell us, how long have you been in practice for? Sure. So I’ve been practicing for seven years. I graduated from ST louis University in 2013. I’ve been on my own for about two years

now, So, uh we were having a conversation here before just trying to kind of get to know everybody. Um and so max, why don’t you tell us, how long have you been in practice for? Sure. So I’ve been practicing for seven years. I graduated from ST louis University in 2013. I’ve been on my own for

about two years now, but I’ve been doing strictly bankruptcy for but I’ve been doing strictly bankruptcy for roughly five years, so that’s that’s all I do. Yeah, so so max is is just a genius when it comes to the bankruptcy stuff. Um And he’s

been working with us a little bit on some of the bankruptcy litigation that we’re getting into because basically, you know, there’s a lot of people out there that roughly five years, so that’s that’s all I do. Yeah, so so max is is just a genius when it comes to the bankruptcy stuff. Um And he’s

been working with us a little bit on some of the bankruptcy litigation that we’re getting into because basically, you know, there’s a lot of people out there that are going through issues with bankruptcy where they’re they’re having debts that are

getting discharged and that type of thing and they don’t know what to do about it. So we’re going to go into that a little bit later today on the show. are going through issues with bankruptcy where they’re they’re having debts that are getting discharged and that type of thing and they don’t know what to do about it. So we’re going to go into that a little bit later today on the show. Um And then we’re also talking obviously um with my associate here, Mark and Mark helps us with all of our case types and has proven an

invaluable resource. Just this last week we filed a Washington D. C. Defamation action. Um And Mark was very helpful with the research and drafting for that mark. Um Um And then we’re also talking obviously um with my associate here, Mark and Mark helps us with all of our case types and has proven an invaluable resource. Just this last week we filed a Washington D. C. Defamation action. Um And Mark was very helpful with the research and drafting for that mark. Um Where did you go to law school? Where did you go to

law school? Yeah. Yeah. Hey joe. Uh So I graduated law school in 2019 at the University of Kentucky College of Law, which they changed their name to uh the David Rosenberg College of Law. Uh And then I am currently um I’m currently an LLM candidate where I’m uh pursuing a uh L. L. M. A. Master of laws remotely at the Benjamin Cardozo Hey joe. Uh So I graduated law school in 2019 at the University of Kentucky College of Law, which they changed their name to uh the David Rosenberg College of Law. Uh And then I am currently um I’m currently an LLM candidate where I’m uh pursuing a uh L. L. M. A. Master of laws remotely at the Benjamin Cardozo School of Law Yeshiva University. Um

with their uh just their new recent uh hello program. Um They started online since the since the pandemic happens. Okay. Cool. And that’s an intellectual property, right? With the focus? School of Law Yeshiva University. Um with their uh just their new recent uh hello program. Um They started online since the since the pandemic happens. Okay. Cool. And that’s an intellectual property, right? With the focus? Yeah it’s just with an emphasis and intellectual property. So we uh Yeah it’s just with an emphasis and

intellectual property. So we uh so just a couple of classes I’ve taken, I’ve been taking internet law, uh cybersecurity, um Internet yeah. Already said internet, I’ll be taken patent so just a couple of classes I’ve taken, I’ve been taking internet law, uh cybersecurity, um Internet yeah. Already said internet, I’ll be taken patent uh and uh I. P business transactions as well as privacy law. So it’s a it’s a wide array. So. Yeah uh and uh I. P

business transactions as well as privacy law. So it’s a it’s a wide array. So. Yeah and then I’ve also got my friend Chris here, so chris is from chris uh this is Chris Wills, he’s associated with the Full circle Music group and the Full circle music group provides and then I’ve also got my friend Chris here, so chris is from chris uh this is Chris Wills, he’s associated with the Full circle Music group and the Full circle music group provides Advice and services to artists and record companies throughout the country. There’s about 20 years so affiliated artists already and we’re looking to grow that practice. Um you

know and uh Advice and services to artists and record companies throughout the country. There’s about 20 years so affiliated artists already and we’re looking to grow that practice. Um you know and uh so basically later today we’re gonna talk with Mark a little bit about some of the intellectual property litigation issues that he’s been coming up with. And um and uh and in future episodes, we’re gonna have artists come on the show and give a rundown of their, their various rights associated with their creations. And then also just

general business development and strategy uh to to get the business off the ground. So, so basically later today we’re gonna talk with Mark a little bit about some of the intellectual property litigation issues that he’s been coming up with. And um and uh and in future episodes, we’re gonna have artists come on the show and give a rundown of their, their various rights associated with their creations. And then also just

general business development and strategy uh to to get the business off the ground. So, so um so um let’s go ahead and talk with max here a little bit. Um we’re gonna start off just talking about just generally bankruptcy. So, so max, what is bankruptcy? So bankruptcy is a is a form of debt relief let’s go ahead and talk with max here a little bit. Um we’re gonna start off just talking about just generally bankruptcy. So, so max, what is bankruptcy? So bankruptcy is a is a form of debt relief

that’s in the United States where under certain circumstances, if you were basically in over your head in debt, that’s in the United States where under certain circumstances, if you were basically in over your head in debt, you can, you can, for the most part petitioned a federal court and ask them to wipe out your debt for you. for the most part petitioned a federal court and ask them to wipe out your debt for you. So there’s various types of bankruptcy. And first off, it’s important to understand, So there’s various types of bankruptcy. And first off, it’s important to understand, um um a lot of people when they

come into my office, a lot of people when they come into my office, they carry this kind of grief or, or shame. And I want to emphasize the folks out there. Um, if you or someone, you know, it’s, it’s considering considering it or has considered it or has actually filed, there really is no shame in doing it. And they carry this kind of grief or, or shame. And I want to emphasize the folks out there. Um, if you or someone, you know, it’s, it’s considering considering it or has considered it or has actually filed, there really is no shame

in doing it. And if you go back to the Founding Fathers, not to get all cheesy, but it actually is an article one of the constitution. So there’s only 12 and three. Article one deals with congressional authority. And it actually says in there that Congress has the authority to establish bankruptcy laws. So this is back in the 17 eighties. And so we’ve been working on a bit bankruptcy litigation case right now and I’ve learned a lot about the bankruptcy process and if you go back to the Founding Fathers, not to get all cheesy, but it actually is an article one of the constitution. So there’s only 12 and three. Article one deals with congressional authority.

And it actually says in there that Congress has the authority to establish bankruptcy laws. So this is back in the 17 eighties. And so we’ve been working on a bit bankruptcy litigation case right now and I’ve learned a lot about the bankruptcy process and what you’re saying is as 100% true. I mean, basically, you know, this is one of the things that really separates the United States from other countries in the world. And, and this was at the time of the founding of the country. People were getting

thrown in prison for debts and nowadays, you know, bankruptcy, you get people like uh, Elon musk who’s declared bankruptcy multiple times, Right? And what you’re saying is as 100% true. I mean, basically, you know, this is one of the things that really separates the United States from other countries in the world. And, and this was at the time of the founding of the country. People were getting thrown in prison for debts and nowadays, you know, bankruptcy, you get people like uh, Elon musk who’s declared bankruptcy multiple times, Right? And um, basically, you know, it’s, it’s

something that is a very powerful asset. So if you’re struggling, you know, um, so what are some options for for people that are struggling max? Well, there’s, there’s various types of bankruptcies that folks can pursue depending on their circumstances. So the standard, uh, um, basically, you know, it’s, it’s something that is a very powerful asset. So if you’re struggling, you know, um, so what are some options for for people that are struggling max? Well, there’s, there’s various types of bankruptcies that folks can pursue depending on their circumstances. So the standard, uh, Default option that most people think of as the Chapter seven, a Chapter seven is generally for

individual consumers. Default option that most people think of as the Chapter seven, a Chapter seven is generally for individual consumers. It’s roughly a 90 day process from start to finish. So what would happen if you follow the bankruptcy? Let’s see about your bankruptcy today May seven. What would happen is approximately 30 days from today. Um, It’s roughly a 90 day process from start to finish. So what would happen if you follow the bankruptcy? Let’s see about your bankruptcy today May seven. What would happen is approximately 30 days from today. Um, You would go to

court you being the consumer plus your attorney, you testify in front of this person called the Chapter seven trustee. You would go to court you being the consumer plus your attorney, you testify in front of this person called the Chapter seven trustee. And the Chapter seven trustee is kind of like that. And the Chapter seven trustee is kind of like that. The referee between you and the creditors. The trustee asks you a whole bunch of questions under oath about all your stuff. Did you list off your assets? Did you list of your debts and listen to your creditors? And uh, The referee between you and the creditors. The trustee asks you a whole bunch of questions under oath about all your stuff. Did you list off your assets? Did you list of your debts and listen to your creditors? And uh, their goal is to basically see if they can take any of your assets and and liquidate them. Let’s turn them into cash and then use that cash to pay off your creditors. Okay? And a creditor means somebody that you might be correct. So credit can be anyone. It can be your, your american express credit card. You can be a medical bill. It can be deficiency balance on a their goal is to basically see if they can take any of your assets and and liquidate them. Let’s turn them into cash and then use that cash to pay off your creditors. Okay? And a creditor means somebody that you might be correct. So credit can be anyone. It can be your, your american express credit card. You can be a medical bill. It can be deficiency balance on a car. No, anything like that. Okay, so what you’re saying is basically you could have hundreds of thousands of dollars in debt and if you apply for this process that the debt can basically go away, is that right? Yes. And honestly, it almost sounds too good to be true. It is not um, you honestly, for, car. No, anything like that. Okay, so what you’re saying is basically you could have hundreds of thousands of dollars in debt and if you apply for this process that the debt can basically go away, is that right? Yes. And honestly, it almost sounds too good to be true. It is not um, you honestly, for, you know, depending on the filing fee and the attorney’s fees for, you know, a couple of $1000.2000 dollars depending on the totality of circumstances. In approximately 90 days, you can go from hundreds of $1000 of debt to $0 in debt. You know, I filed for example, a couple of different business bankruptcies recently we’re uh, you know, a few guys, they, you know, depending on the filing fee and the attorney’s fees for, you know, a couple of $1000.2000 dollars depending on the totality of circumstances. In approximately 90 days, you can go from hundreds of $1000 of debt to $0 in debt. You know, I filed for example, a couple of different business bankruptcies recently we’re uh, you know, a few guys, they, they took a risk they took a risk covid hit and the business didn’t work out. They had hundreds of thousands of dollars in debt on, you know, various business loans and um, the chips just fell and it wasn’t in their favor and they filed for bankruptcy. And again, covid hit and the business didn’t work out. They had hundreds of thousands of dollars in debt on, you know, various business loans and um, the chips just fell and it wasn’t in their favor and they filed for bankruptcy. And again, that goes back to the vision of the founding fathers, which is that goes back to the vision of the founding fathers, which is in order to have a free market economy and to thrive in a capitalism society. It’s important to have that, that safety net because otherwise in order to have a free market economy and to thrive in a capitalism society. It’s important to have that, that safety net because otherwise if you take a risk and you fail and you’re permanently stuck with that debt, then entrepreneurs are not able to rebuild themselves and take further risks down the road. Okay, Okay. So now is a different process if you have, if you’re a person versus if you’re a business in terms of getting the debts discharged, it is, so if you take a risk and you fail and you’re permanently stuck with that debt, then entrepreneurs are not able to rebuild themselves and take further risks down the road. Okay, Okay. So now is a different process if you have, if you’re a person versus if you’re a business in terms of getting the debts discharged, it is, so Generally a Chapter seven is only for individuals Generally a Chapter seven is only for individuals for the most. For the most part, corporations cannot file for Chapter seven bankruptcy and receive a discharge. So for companies, whether it’s businesses LLCS corporations, whatever it is, uh Oftentimes for the most. For the most part, corporations cannot file for Chapter seven bankruptcy and receive a discharge. So for companies, whether it’s businesses LLCS corporations, whatever it is, uh Oftentimes You either just filed the Chapter seven and you abandon the business, or you can file a chapter 11, which is basically a workout. So for example, back in 2008 or 2009 when the world economy crashed. Um you heard about General Motors and Chrysler filed for Chapter 11 bankruptcy, which is basically a way to restructure their debt. You either just filed the Chapter seven and you abandon the business, or you can file a chapter 11, which is basically a workout. So for example, back in 2008 or 2009 when the world economy crashed. Um you heard about General Motors and Chrysler filed for Chapter 11 bankruptcy, which is basically a way to restructure their debt. Okay, so that’s like, that’s what you hear about when people are saying they’re they’re reorganizing precisely. That’s for yeah, so whatever you hear about big businesses filed for bankruptcy, oftentimes as chapter 11th. That’s correct. OK. Okay, so that’s like, that’s what you hear about when people are saying they’re they’re reorganizing precisely. That’s for yeah, so whatever you hear about big businesses filed for bankruptcy, oftentimes as chapter 11th. That’s correct. OK. All right, well, um so the bankruptcy process is, is super beneficial for people that are going through it. Um Now it also is, it can be kind of harsh for people that are owed money. So if you if you’re in a situation where somebody owes you money and they go through bankruptcy, um you know, All right, well, um so the bankruptcy process is, is super beneficial for people that are going through it. Um Now it also is, it can be kind of harsh for people that are owed money. So if you if you’re in a situation where somebody owes you money and they go through bankruptcy, um you know, there’s there’s they’re in a bad place pretty much right, but there’s also certain types of these bankruptcy debts that are not not going to be discharged, and this is where max and I are developing our business uh business bankruptcy litigation practice because they’re in a bad place pretty much right, but there’s also certain types of these bankruptcy debts that are not not going to be discharged, and this is where max and I are developing our business uh business bankruptcy litigation practice because we know that there are people out there that are owed money from people going through bankruptcy. And um you know, there are certain situations in which you can still recover that debt if you have the right attorney and you go through the right process. Um And in particular, we’re looking at section 5 23 of the bankruptcy code. Uh we know that there are people out there that are owed money from people going through bankruptcy. And um you know, there are certain situations in which you can still recover that debt if you have the right attorney and you go through the right process. Um And in particular, we’re looking at section 5 23 of the bankruptcy code. Uh and so why don’t we talk a little bit about some of those exceptions? Sure, So and so why don’t we talk a little bit about some of those exceptions? Sure, So first off, let’s just to make sure they were on the same page when when we say the word discharge, first off, let’s just to make sure they were on the same page when when we say the word discharge, um discharge means wiped out. So for for the layman discharge it basically means your dad has just gone. It’s to put all right. Um um discharge means wiped out. So for for the layman discharge it basically means your dad has just gone. It’s to put all right. Um And joe you’re absolutely right now And joe you’re absolutely right now if you are a creditor and then you received notice that one of somebody who owes you money files for bankruptcy, not all is lost. Um There are certain circumstances under which if you are a creditor and then you received notice that one of somebody who owes you money files for bankruptcy, not all is lost. Um There are certain circumstances under which you can you can uh prevent that individual from wiping out your debt. Um And so what basically it depends, it’s very fact intensive but uh prevent that individual from wiping out your debt. Um And so what basically it depends, it’s very fact intensive but um there’s the bankruptcy code. So I did bring my bankruptcy code book which he carries everywhere, carry it around everywhere I down and he’s a single man. Now ladies, so anybody who loves thank you so you can uh um there’s the bankruptcy code. So I did bring my bankruptcy code book which he carries everywhere, carry it around everywhere I down and he’s a single man. Now ladies, so anybody who loves thank you so you can uh thank you. All right. Um So there is this section I’m not gonna go to the whole thing because it’s gonna bore us all the tears. But basically it’s 11 U. S. C. 5 23. And then there’s a several enumerated exceptions. So basically thank you. All right. Um So there is this section I’m not gonna go to the whole thing because it’s gonna bore us all the tears. But basically it’s 11 U. S. C. 5 23. And then there’s a several enumerated exceptions. So basically um um as I said, depending on the circumstances, you can file what’s called an adversary proceeding. Um And I think we discussed this a few years ago, joe and that’s in the context of some some ongoing litigation precisely. So if as I said, depending on the circumstances, you can file what’s called an adversary proceeding. Um And I think we discussed this a few years ago, joe and that’s in the context of some some ongoing litigation precisely. So if you received notice that someone uh files for bankruptcy and you say no that’s not gonna fly with me. For you know this reason you can file an adversary, It’s basically a mini lawsuit within the bankruptcy court that says, hey, you received notice that someone uh files for bankruptcy and you say no that’s not gonna fly with me. For you know this reason you can file an adversary, It’s basically a mini lawsuit within the bankruptcy court that says, hey, I know that this dude filed for bankruptcy and I know that he’s trying to wipe out the money he owes me, but I don’t think you should be able to for this reason X, Y and Z. And let’s let’s just briefly back up. So basically the notice issue is super important in this context. If you get a bankruptcy notice, I know that this dude filed for bankruptcy and I know that he’s trying to wipe out the money he owes me, but I don’t think you should be able to for this reason X, Y and Z. And let’s let’s just briefly back up. So basically the notice issue is super important in this context. If you get a bankruptcy notice, you’ve got to, you know, you’ve got to do something about it, okay? And and basically, you know there’s it’s not always, it doesn’t mean if they just send out the letter that you’re, therefore, I notice you’ve got to actually know about the bankruptcy you’ve got to, you know, you’ve got to do something about it, okay? And and basically, you know there’s it’s not always, it doesn’t mean if they just send out the letter that you’re, therefore, I notice you’ve got to actually know about the bankruptcy or have received the letter. But basically if you get, if you’re if you’re a creditor, if somebody owes you money in a bankruptcy and you get one of these notices in the mail, you got to act immediately, you gotta call a lawyer right away because otherwise you’re gonna lose your rights. That’s right. So um that’s correct, joe So generally what happens is if or have received the letter. But basically if you get, if you’re if you’re a creditor, if somebody owes you money in a bankruptcy and you get one of these notices in the mail, you got to act immediately, you gotta call a lawyer right away because otherwise you’re gonna lose your rights. That’s right. So um that’s correct, joe So generally what happens is if Joe Schmo Consumer Files for bankruptcy today within roughly 14 days, um every creditor will receive notice of the bankruptcy. And again you have to actually list them, you can’t just Joe Schmo Consumer Files for bankruptcy today within roughly 14 days, um every creditor will receive notice of the bankruptcy. And again you have to actually list them, you can’t just not list them and say oh I filed bankruptcy well, um but once you get noticed you can file an adversary proceeding and again there’s a couple of exceptions. The main ones are basically like fraud, false pretense false promise, embezzlement, that kind of thing. So let’s talk a little bit about a scenario where that might occur. not list them and say oh I filed bankruptcy well, um but once you get noticed you can file an adversary proceeding and again there’s a couple of exceptions. The main ones are basically like fraud, false pretense false promise, embezzlement, that kind of thing. So let’s talk a little bit about a scenario where that might occur. So basically when we’re talking about fraud in the context of a bankruptcy, what are we looking for the creditor to have done? Sure. So uh well the it’s important, it’s imperative to analyze So basically when we’re talking about fraud in the context of a bankruptcy, what are we looking for the creditor to have done? Sure. So uh well the it’s important, it’s imperative to analyze the facts between the debtor and creditor and the totality of circumstances. And the main thing I look for um with fraud is the facts between the debtor and creditor and the totality of circumstances. And the main thing I look for um with fraud is did the debtor and again the debtor’s. The individuals filing bankruptcy. The creditors, the person uh collective is that you owe money? So did the debtor at the time they incur the debt? No, or, or should have known that they were fiscally insolvent? Did they know that they know or should have known that there was just no way that they were going to repay the loan. For example, did the debtor and again the debtor’s. The individuals filing bankruptcy. The creditors, the person uh collective is that you owe money? So did the debtor at the time they incur the debt? No, or, or should have known that they were fiscally insolvent? Did they know that they know or should have known that there was just no way that they were going to repay the loan. For example, um um Joe Let’s say I come to your office and we execute a promise or you know, I’m having, I’m down on my luck and you loan me $1,000 and Joe Let’s say I come to your office and we execute a promise or you know, I’m having, I’m down on my luck and you loan me $1,000 and you know, we have this, we have an agreement that says I agree to pay you X dollars a month you know, we have this, we have an agreement that says I agree to pay you X dollars a month until I pay the loan back until I pay the loan back and then a week later I filed bankruptcy. and then a week later I filed bankruptcy. Now, I’m not saying on the record, hey, I’m committing fraud, but you can tell from the circumstances I knew or should have known at the time that I wasn’t gonna pay this loan back because of the proximity between the time that I Now, I’m not saying on the record, hey, I’m committing fraud, but you can tell from the circumstances I knew or should have known at the time that I wasn’t gonna pay this loan back because of the proximity between the time that I required the loan the time I filed bankruptcy. So you should be able to, you should be able to prevail in an adversary proceeding basis saying, Hey, required the loan the time I filed bankruptcy. So you should be able to, you should be able to prevail in an adversary proceeding basis saying, Hey, max, you cannot max, you cannot discharge this liability you owe me. It’s clear that at the time that I extended you credit, you knew you weren’t gonna honor this debt. So that’s that’s the basic example. Yeah. And then another interesting example in this context, especially in the business world, you’re going to have corporate people that are trying to declare bankruptcy discharge this liability you owe me. It’s clear that at the time that I extended you credit, you knew you weren’t gonna honor this debt. So that’s that’s the basic example. Yeah. And then another interesting example in this context, especially in the business world, you’re going to have corporate people that are trying to declare bankruptcy and uh, under Missouri State law, if you are a corporate office holder, you have a fiduciary relationship with the members, other members of the corporation. That’s right. And, and this is another, um, this is another avenue to recover from somebody is basically, you know, if they’re not on good terms, if you are running a corporation and you are being uh false in your representations about the health of the corporation, um or you’re doing other acts that are causing and uh, under Missouri State law, if you are a corporate office holder, you have a fiduciary relationship with the members, other members of the corporation. That’s right. And, and this is another, um, this is another avenue to recover from somebody is basically, you know, if they’re not on good terms, if you are running a corporation and you are being uh false in your representations about the health of the corporation, um or you’re doing other acts that are causing grave harm to the corporation, then you can’t use that corporate protection to escape the bankruptcy debt. Isn’t that right? That’s correct. Under certain circumstances. You can grave harm to the corporation, then you can’t use that corporate protection to escape the bankruptcy debt. Isn’t that right? That’s correct. Under certain circumstances. You can um um you can, you know, if you’re able to to prove embezzlement, breach of fiduciary duty, that kind of thing, then you should be able to prevent that person from discharging their their liability as well. And you prove this at trial, right? So, basically, you can, you know, if you’re able to to prove embezzlement, breach of fiduciary duty, that kind of thing, then you should be able to prevent that person from discharging their their liability as well. And you prove this at trial, right? So, basically, you know what you’ve got to know in this business litigation context is if you’ve got somebody that owes you a lot of money, you know what you’ve got to know in this business litigation context is if you’ve got somebody that owes you a lot of money, uh, and you get the right lawyer, you can put on a good trial, you can win this type of case because the judge is going to be looking at the facts in in question. Um and you know, a lot of times the people that are defending the creditors, they’re not going to have the litigation acumen to put on that good trial. uh, and you get the right lawyer, you can put on a good trial, you can win this type of case because the judge is going to be looking at the facts in in question. Um and you know, a lot of times the people that are defending the creditors, they’re not going to have the litigation acumen to put on that good trial. And those, so those are the types of situations that we really want to help. And those, so those are the types of situations that we really want to help. Um You know, and basically anybody that’s going through this bankruptcy process, you know, you need you need some good help to to to get through it properly. Um and so so over the next few podcasts and you know, we’ll have max back on and talk a little bit more about the bankruptcy litigation process and Um You know, and basically anybody that’s going through this bankruptcy process, you know, you need you need some good help to to to get through it properly. Um and so so over the next few podcasts and you know, we’ll have max back on and talk a little bit more about the bankruptcy litigation process and basically some tools that people can use in that context. basically some tools that people can use in that context. And if I may add one thing because people people always ask this um how much is this going to cost me? What about my attorney seat? So and so forth. Under the bankruptcy code. If you do prevail um in your allegation of fraud and under certain types of other things like embezzlement, so on and so forth. You can And if I may add one thing because people people always ask this um how much is this going to cost me? What about my attorney seat? So and so forth. Under the bankruptcy code. If you do prevail um in your allegation of fraud and under certain types of other things like embezzlement, so on and so forth. You can get attorney’s fees paid by the other side as well. So again back to our our initial example, if you loan me money if I filed bankruptcy and you file and then you have to go higher lawyer and pay thousands of dollars for this lawyer to file this adversary, assuming that you prevail, then get attorney’s fees paid by the other side as well. So again back to our our initial example, if you loan me money if I filed bankruptcy and you file and then you have to go higher lawyer and pay thousands of dollars for this lawyer to file this adversary, assuming that you prevail, then I’m the one that has to reimburse the attorney squeeze as well. So that’s just something to consider. It’s not like I’m the one that has to reimburse the attorney squeeze as well. So that’s just something to consider. It’s not like Mhm. Mhm. All is lost forever. Yeah, exactly, exactly. And so you know, if you’ve got to pay that retainer fee for the lawyer, you know, there’s there’s a big upside to that because you can you can end up getting the whole thing back at the end. So, so, okay, so we’re also talking with Mark here. All is lost forever. Yeah, exactly, exactly. And so you know, if you’ve got to pay that retainer fee for the lawyer, you know, there’s there’s a big upside to that because you can you can end up getting the whole thing back at the end. So, so, okay, so we’re also talking with Mark here. And uh so this is in the context of our entertainment litigation um and entertainment services and we provide full services to artists and record companies. And I have assisted record companies and artists in negotiating contracts and terms of engagement um for the production of records. Um and also for exiting certain record deals because these are always conflicts. Um And uh so this is in the context of our entertainment litigation um and entertainment services and we provide full services to artists and record companies. And I have assisted record companies and artists in negotiating contracts and terms of engagement um for the production of records. Um and also for exiting certain record deals because these are always conflicts. Um and we’re going to have artists on the show and talk with them about and we’re going to have artists on the show and talk with them about how to handle their business and that sort of thing. Um, and and so basically in this context, we have, Mark is an expert resource because the intricacies of intellectual property law are always changing and it’s always good to have somebody on your team that knows really the ins and outs of this kind of stuff. So, how to handle their business and that sort of thing. Um, and and so basically in this context, we have, Mark is an expert resource because the intricacies of intellectual property law are always changing and it’s always good to have somebody on your team that knows really the ins and outs of this kind of stuff. So, so Mark, I understand you are so Mark, I understand you are you recently got published? Isn’t that right? you recently got published? Isn’t that right? On on one of these topics? On on one of these topics? Yes, joe. That’s uh that’s correct. I buy this recent article that I’ve been writing for passed a few months or past couple of months recently, just got accepted for publication at the Wake Forest Journal Business and Intellectual Property Law. We just received the offer uh last night. And uh and yeah, it will be will be Yes, joe. That’s uh that’s correct. I buy this recent article that I’ve been writing for passed a few months or past couple of months recently, just got accepted for publication at the Wake Forest Journal Business and Intellectual Property Law. We just received the offer uh last night. And uh and yeah, it will be will be this art will be published hopefully in summer of 2021 for this. That’s awesome. Congratulations. 20 thank you for volume 20 I believe uh of their of their journal. So now it’s on a real interesting topic. And so why don’t you talk a little bit? this art will be published hopefully in summer of 2021 for this. That’s awesome. Congratulations. 20 thank you for volume 20 I believe uh of their of their journal. So now it’s on a real interesting topic. And so why don’t you talk a little bit? What what is what is the topic of the article? What what is what is the topic of the article? So the article is called with Eyes to See and Years of Beer. And uh so it’s basically uh this sort of play on words where we discussed this idea of multi sensory I. P. E. With regards to the craft beer industry. Um So let’s back up a little bit uh because we’re trying to and this is in the context. Uh you know basically what do you mean by multi sensory? So the article is called with Eyes to See and Years of Beer. And uh so it’s basically uh this sort of play on words where we discussed this idea of multi sensory I. P. E. With regards to the craft beer industry. Um So let’s back up a little bit uh because we’re trying to and this is in the context. Uh you know basically what do you mean by multi sensory? So basically we’re dealing with intellectual property that deals with more that really So basically we’re dealing with intellectual property that deals with more that really uh targets more than just one sense. And so this recent um so basically just you know it uh targets more than just one sense. And so this recent um so basically just you know it it targets more than just sites it targets found um taste it targets more than just sites it targets found um taste uh sent. So that’s basically what we look at in terms of multi century I. P. And so you know several examples um have been uh sort of uh ai uh cyber ai uh sort of uh sent. So that’s basically what we look at in terms of multi century I. P. And so you know several examples um have been uh sort of uh ai uh cyber ai uh sort of um um sort of uh sort of uh and as well as uh and as well as uh as well as uh perfumery uh sense. Because those in the key thing about these are as well as uh perfumery uh sense. Because those in the key thing about these are they tangle, they get tangled in more than just one discipline of intellectual property law. So they tangle, they get tangled in more than just one discipline of intellectual property law. So uh for instance, uh when you deal with perfumes, you’ll usually end up dealing with maybe some patent, some trade secret. Um and then there’s some trademark long. Um and then this is the same thing with this craft beer, uh this sort multi sensory craft beer. And so what uh for instance, uh when you deal with perfumes, you’ll usually end up dealing with maybe some patent, some trade secret. Um and then there’s some trademark long. Um and then this is the same thing with this craft beer, uh this sort multi sensory craft beer. And so what what really this this this paper talks about what really this this this paper talks about specifically specifically Is the idea of getting the story of disciplinary science called that was recently discovered in 2013 called Gastric visits. And this which is basically the science of well, Is the idea of getting the story of disciplinary science called that was recently discovered in 2013 called Gastric visits. And this which is basically the science of well, food and the sentence. Uh and and even even more specifically, food and the sentence. Uh and and even even more specifically, is this idea of is this concept called sonic seasoning, is this idea of is this concept called sonic seasoning, which is basically um this this sort of uh this technique as uh which is basically um this this sort of uh this technique as uh kind of interesting in its way. It’s basically the kind of interesting in its way. It’s basically the sort of um sort of um cross what they call the cross modal relationship between the food or the things that you taste cross what they call the cross modal relationship between the food or the things that you taste and the sounds that you hear. and the sounds that you hear. So in layman’s terms, what the hell does that mean? Well, basically it’s it’s basically the foods that you eat, or the beverages you drink So in layman’s terms, what the hell does that mean? Well, basically it’s it’s basically the foods that you eat, or the beverages you drink um um can be affected by what you’re hearing. So the music that you’re listening to can basically alter the flavor of uh whatever you’re tasting. Um uh can be affected by what you’re hearing. So the music that you’re listening to can basically alter the flavor of uh whatever you’re tasting. Um uh so it’s like you’re this interplay between basically you’re listening, because because just to back up a little bit, so basically intellectual property is means that you you create something and you own it, right? so it’s like you’re this interplay between basically you’re listening, because because just to back up a little bit, so basically intellectual property is means that you you create something and you own it, right? Yes, basically. Okay. And so basically you won’t you won’t be idea. Yeah. And so so basically this this what we’re talking about is if you have somebody that is creating a perfume um and they create their own special smelling that perfume that Yes, basically. Okay. And so basically you won’t you won’t be idea. Yeah. And so so basically this this what we’re talking about is if you have somebody that is creating a perfume um and they create their own special smelling that perfume that there’s there’s laws that allow them to there’s there’s laws that allow them to protect their ownership of that perfume, right? So they have yeah there’s but there’s different types of laws so basically the ingredients in the perfume are one type of protection, but you could also have a different type of protection and maybe a method that’s used to assemble the perfume. protect their ownership of that perfume, right? So they have yeah there’s but there’s different types of laws so basically the ingredients in the perfume are one type of protection, but you could also have a different type of protection and maybe a method that’s used to assemble the perfume. Right? Right? Yes. And those are different that usually Yes. And those are different that usually right? That’s usually where uh right? That’s usually where uh so like there are several aspects that could come come into play is a trade secret and that usually is the sort of recipe or the concoction of the particular perfume but their cost to be trademark aspects and how that um and how that perfume is marketed so like there are several aspects that could come come into play is a trade secret and that usually is the sort of recipe or the concoction of the particular perfume but their cost to be trademark aspects and how that um and how that perfume is marketed um The story. um The story. And so so what we’ve seen here And so so what we’ve seen here has really, you know what has really, you know what when you start having some of those that kind of you know get kind of blur in the middle between between those two aspects. when you start having some of those that kind of you know get kind of blur in the middle between between those two aspects. Um That’s the most confusing part. So what you’re saying is law doesn’t know how to handle this right now, but it’s something like. Yeah Um That’s the most confusing part. So what you’re saying is law doesn’t know how to handle this right now, but it’s something like. Yeah Yeah particularly was with sonic seasoning. So what this sort of the concept of sonic seasoning was actually discovered in 2016. Um what uh basically what end up happening, was there a lot of gastric physicists and um a lot of scientists Yeah particularly was with sonic seasoning. So what this sort of the concept of sonic seasoning was actually discovered in 2016. Um what uh basically what end up happening, was there a lot of gastric physicists and um a lot of scientists that um that I wanted to discover these sort of uh connection between music and how and how to taste essentially had a how to taste music. Was music tastes like um can genres of music and uh intones tonalities or tambor’s of music and that um that I wanted to discover these sort of uh connection between music and how and how to taste essentially had a how to taste music. Was music tastes like um can genres of music and uh intones tonalities or tambor’s of music and they affect the way that you taste them. Um And so there’s an experiment I want to say it was in, it was either in Belgium they affect the way that you taste them. Um And so there’s an experiment I want to say it was in, it was either in Belgium uh once I was in brussels to be exact, and um uh once I was in brussels to be exact, and um they created this sort of, they did this sort of experiment where they have this uh this brewing company, this microbrewery, uh there in Belgium created a particular beer that was inspired by a UK indie rock band called editors. they created this sort of, they did this sort of experiment where they have this uh this brewing company, this microbrewery, uh there in Belgium created a particular beer that was inspired by a UK indie rock band called editors. And um you know, they had yeah, and so they had they were coming out with the 2017. And um you know, they had yeah, and so they had they were coming out with the 2017. You know, we were coming out with a 2017 album and um you know, they wanted to create this sort of beer in sort of in sort of uh You know, we were coming out with a 2017 album and um you know, they wanted to create this sort of beer in sort of in sort of uh to complement the way that their album sounded. And so they came up with, you know, particular Earl grey tea flavors, particular particular blend processes, et cetera. to complement the way that their album sounded. And so they came up with, you know, particular Earl grey tea flavors, particular particular blend processes, et cetera. And um you know, they did this experiment and they found that, you know, some some of the And um you know, they did this experiment and they found that, you know, some some of the that there were, you know, there is a difference, there’s a change in the way that people reacted to this beer when they listen to this music that there were, you know, there is a difference, there’s a change in the way that people reacted to this beer when they listen to this music versus when they didn’t listen to anything when it was just a natural environment. versus when they didn’t listen to anything when it was just a natural environment. Now they believe that some of this can have uh Now they believe that some of this can have uh some of this effect can be more to um you know, some of this effect can be more to um you know, people’s music preferences essentially. Um and that kind of makes sense because not everybody knows to editors is some people might be more familiar with their music. Uh There’s may not be, others may not really care for, you know, that particular people’s music preferences essentially. Um and that kind of makes sense because not everybody knows to editors is some people might be more familiar with their music. Uh There’s may not be, others may not really care for, you know, that particular particular music, but it kind of makes sense in a way because so can the band like they do them for that, or if the band, if they’re making the beer based on the band, and do they have like a licensing or how does that work? particular music, but it kind of makes sense in a way because so can the band like they do them for that, or if the band, if they’re making the beer based on the band, and do they have like a licensing or how does that work? Well that’s kind of interesting because usually I would I would think when when you start getting into that then usually Well that’s kind of interesting because usually I would I would think when when you start getting into that then usually I mean usually it’s usually would be an agreement in between as far as I mean usually it’s usually would be an agreement in between as far as who who owns the music versus who owns a beer. who who owns the music versus who owns a beer. Um Um You know as far as far as the beer particularly being a music composition, this is where you know, this is You know as far as far as the beer particularly being a music composition, this is where you know, this is this is this is where you know usually it it starts getting a little bit difficult because this is this is where you know usually it it starts getting a little bit difficult because a craft beer is not really a copyrightable work. a craft beer is not really a copyrightable work. Right? But maybe maybe the list the list of ingredients though Right? But maybe maybe the list the list of ingredients though fixed in a tangible form and then the components of the beer are a trade secret. fixed in a tangible form and then the components of the beer are a trade secret. True true. Um At this but usually that’s with that’s usually with the brewery at the same time though um Canada now, you know, it’s the band like that impression of the music into the beer like that affect that phenomena of hearing. True true. Um At this but usually that’s with that’s usually with the brewery at the same time though um Canada now, you know, it’s the band like that impression of the music into the beer like that affect that phenomena of hearing. And just so you know, Mark, we’ve got to be done in about two minutes. So And just so you know, Mark, we’ve got to be done in about two minutes. So that’s your final question. And then I’ve got one more question for max. that’s your final question. And then I’ve got one more question for max. Yeah, I know this is completely, this is completely a very uh intriguing and wild off the topic subject. Um and yeah, it’s very complex. But usually with the music, you know, as far as the blend and the notes and all that. Usually that’s not really fits in attack. Yeah, I know this is completely, this is completely a very uh intriguing and wild off the topic subject. Um and yeah, it’s very complex. But usually with the music, you know, as far as the blend and the notes and all that. Usually that’s not really fits in attack. You know, those those kind of ingredients are not really something we should think about being an intangible medium in terms of copyright law. Usually that’s kind of separate in itself. And I advocate basically that when it comes to microbreweries and wanted to create, you know, this sort of, you know, to, you know, redesigned their brand, especially with Covid 19, you know, um, a lot of, a lot of breweries have been struggling, uh, buyers You know, those those kind of ingredients are not really something we should think about being an intangible medium in terms of copyright law. Usually that’s kind of separate in itself. And I advocate basically that when it comes to microbreweries and wanted to create, you know, this sort of, you know, to, you know, redesigned their brand, especially with Covid 19, you know, um, a lot of, a lot of breweries have been struggling, uh, buyers but bring it home, bring it home. Yeah, I have to keep that. They bring in a trade dress to basically protect their work. but bring it home, bring it home. Yeah, I have to keep that. They bring in a trade dress to basically protect their work. Okay. Because traders, there is the overall field. Okay max is that, would that be an asset in their bankruptcy? Absolutely. It would be, I mean, it’s something that you can take, you can, you can during the cash, you can sew it 100% liquidate. Okay, now now it’s five p.m. So we may liquidate this meeting and uh, but we have a, you have a right as a listener to reconvene and hear it a little bit later on and we’re putting you on notice of that crap here so we may do that. But okay guys, it was it was great having everybody on the show today and just tune in and next week. And if you want to ask me any legal questions whatsoever, you can at any time, uh, calling my law firm three and 4 to 933756 we’re at dot lol. What’s your website max? Okay. Because traders, there is the overall field. Okay max is that, would that be an asset in their bankruptcy? Absolutely. It would be, I mean, it’s something that you can take, you can, you can during the cash, you can sew it 100% liquidate. Okay, now now it’s five p.m. So we may liquidate this meeting and uh, but we have a, you have a right as a listener to reconvene and hear it a little bit later on and we’re putting you on notice of that crap here so we may do that. But okay guys, it was it was great having everybody on the show today and just tune in and next week. And if you want to ask me any legal questions whatsoever, you can at any time, uh, calling my law firm three and 4 to 933756 we’re at dot lol. What’s your website max? Gross. Well, law dot com. G R O S W A L D Law dot com. 3147361275 Okay. All right. Thanks guys. We’ll see you later, Gross. Well, law dot com. G R O S W A L D Law dot com. 3147361275 Okay. All right. Thanks guys. We’ll see you later, Yeah.