<?xml version="1.0" encoding="UTF-8"?><rss xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:atom="http://www.w3.org/2005/Atom" version="2.0" xmlns:itunes="http://www.itunes.com/dtds/podcast-1.0.dtd" xmlns:googleplay="http://www.google.com/schemas/play-podcasts/1.0"><channel><title><![CDATA[Robert Marks Esq.]]></title><description><![CDATA[A collection of legal analysis and thought]]></description><link>https://substack.robertmarks.esq</link><image><url>https://substackcdn.com/image/fetch/$s_!pAyw!,w_256,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F825a0e42-6540-48ab-bac0-6f8565f7c6ed_1280x1280.png</url><title>Robert Marks Esq.</title><link>https://substack.robertmarks.esq</link></image><generator>Substack</generator><lastBuildDate>Wed, 06 May 2026 12:07:16 GMT</lastBuildDate><atom:link href="https://substack.robertmarks.esq/feed" rel="self" type="application/rss+xml"/><copyright><![CDATA[Robert Marks Esq]]></copyright><language><![CDATA[en]]></language><webMaster><![CDATA[robertmarksesq@substack.com]]></webMaster><itunes:owner><itunes:email><![CDATA[robertmarksesq@substack.com]]></itunes:email><itunes:name><![CDATA[Robert Marks Esq]]></itunes:name></itunes:owner><itunes:author><![CDATA[Robert Marks Esq]]></itunes:author><googleplay:owner><![CDATA[robertmarksesq@substack.com]]></googleplay:owner><googleplay:email><![CDATA[robertmarksesq@substack.com]]></googleplay:email><googleplay:author><![CDATA[Robert Marks Esq]]></googleplay:author><itunes:block><![CDATA[Yes]]></itunes:block><item><title><![CDATA[Shadow AI: Threats, Solutions, and Thoughts]]></title><description><![CDATA[Mercury Legal Sidebar]]></description><link>https://substack.robertmarks.esq/p/shadow-ai-threats-solutions-and-thoughts</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/shadow-ai-threats-solutions-and-thoughts</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Wed, 05 Nov 2025 08:56:08 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/178062911/08b57b31daaac2bf54e1cd4292ba1b7e.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p><strong>Podcast Episode Outline &#8211; &#8220;Shadow AI: Threats, Solutions, and Thoughts&#8221;</strong></p><ul><li><p><strong>Report Spotlight:</strong> 1Password&#8217;s Annual <em>Access&#8209;Trust Gap</em> study (5,000+ knowledge workers, IT pros, security leaders, CISOs)</p></li><li><p><strong>Core Finding:</strong> A widening chasm between the access controls organizations <em>think</em> they govern and how employees actually reach sensitive data.</p></li></ul><div><hr></div><h3><strong>Key Statistics &amp; Insights</strong></h3><ul><li><p><strong>AI Adoption vs. Policy Adherence</strong></p><ul><li><p>73&#8239;% of employees are encouraged to use AI at work.</p></li><li><p>Only 37&#8239;% say they follow their company&#8217;s AI policies.</p></li><li><p>27&#8239;% admit using unsanctioned (&#8220;Shadow AI&#8221;) tools, feeding confidential info into LLMs.</p></li></ul></li><li><p><strong>App &amp; Device Risks</strong></p><ul><li><p>52&#8239;% of staff install apps without IT approval.</p></li><li><p>38&#8239;% have accessed a former employer&#8217;s account.</p></li><li><p>73&#8239;% use personal devices for work; &gt;50&#8239;% of those devices lack MDM coverage.</p></li></ul></li><li><p><strong>Identity &amp; Access Weaknesses</strong></p><ul><li><p>70&#8239;% of IT/security pros claim SSO alone isn&#8217;t enough to secure identities.</p></li><li><p>34&#8239;% of SaaS applications aren&#8217;t protected by SSO.</p></li><li><p>66&#8239;% of employees maintain poor password hygiene.</p></li></ul></li><li><p><strong>Real&#8209;World Breach Example</strong></p><ul><li><p>Post&#8209;Louvre art heist: French agency discovered the surveillance server password was literally &#8220;Louvre.&#8221;</p></li></ul></li></ul><div><hr></div><h3><strong>Hybrid Work &#8211; The Double&#8209;Edged Sword</strong></h3><ul><li><p><strong>Shift Overview:</strong> From pandemic emergency to permanent hybrid model (home&#8239;+&#8239;office).</p></li><li><p><strong>Business Benefits:</strong> Talent attraction, employee well&#8209;being, reduced overhead, flexibility.</p></li><li><p><strong>Security Trade&#8209;offs:</strong> Expanded attack surface, unmanaged personal devices, fragmented MDM coverage.</p></li></ul><div><hr></div><h3><strong>Economic Impact</strong></h3><ul><li><p><strong>Turnover Costs:</strong> Replacing an employee can equal 6&#8211;9&#8239;months of salary (up to 2&#215; annual wages).</p></li><li><p><strong>Retention Drivers:</strong></p><ul><li><p>Hybrid/remote options boost employee happiness (+27&#8239;%).</p></li><li><p>4&#8209;day work&#8209;week pilots (Germany) improve health, recruitment, and profit stability.</p></li></ul></li></ul><div><hr></div><h3><strong>Policy Imperatives</strong></h3><ol><li><p><strong>Tailored AI Governance</strong> &#8211; Protect IP &amp; confidential data, not just generic guidelines.</p></li><li><p><strong>Dynamic Cybersecurity Controls</strong> &#8211; Evolve beyond SSO/MDM to cover shadow AI and personal devices.</p></li><li><p><strong>Privacy Alignment</strong> &#8211; Sync with state/federal regulations (e.g., GDPR, CCPA).</p></li><li><p><strong>Data Governance &amp; Incident Response</strong> &#8211; Documented, tested, and regularly audited.</p></li><li><p><strong>Enforcement &amp; Training</strong> &#8211; Policies must be lived, not filed away.</p></li></ol><div><hr></div><h3><strong>How I Can Help (as a Fractional General Counsel)</strong></h3><ul><li><p>Draft a <strong>custom AI governance policy</strong> that reflects your industry, workflow, and culture.</p></li><li><p>Conduct an <strong>AI compliance audit</strong> to verify adherence and identify gaps.</p></li><li><p>Build a <strong>holistic IT security framework</strong> covering SSO, MDM, password hygiene, and shadow AI.</p></li><li><p>Provide <strong>ongoing training and audit programs</strong> to keep policies enforceable.</p></li></ul><div><hr></div><h3><strong>Takeaway for Listeners</strong></h3><p>Strong, enforceable policies are no longer optional&#8212;they&#8217;re a competitive advantage and a legal shield. In an era of hybrid work, SaaS sprawl, and unchecked AI use, the Access&#8209;Trust Gap threatens every organization. Tune in to learn how to close that gap before it closes you out.</p><p>To learn more about the services offered by Mercury Legal Group PLLC, please visit <a href="https://mercurylegalgroup.com/">https://mercurylegalgroup.com/</a></p><p><strong>THE INFORMATION PROVIDED IN THIS CONTENT IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT OR CONFIDENTIAL RELATIONSHIP IS OR WILL BE FORMED BY CONSUMPTION OF THIS CONTENT.</strong></p>]]></content:encoded></item><item><title><![CDATA[Unmasking Authority]]></title><description><![CDATA[Short Form Series]]></description><link>https://substack.robertmarks.esq/p/unmasking-authority</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/unmasking-authority</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Mon, 22 Sep 2025 22:27:44 GMT</pubDate><enclosure url="https://substackcdn.com/image/fetch/$s_!pAyw!,w_256,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F825a0e42-6540-48ab-bac0-6f8565f7c6ed_1280x1280.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p><strong>You can watch the video <a href="https://youtube.com/shorts/o-34pNTnLtU">here</a>.</strong></p><h3><strong>Legislation</strong></h3><p>Governor Gavin Newsom signed a bill that <strong>prohibits law&#8209;enforcement officers&#8212;both local and federal&#8212;from wearing masks that conceal their identities while on duty in California</strong>.</p><ul><li><p><strong>Exemptions:</strong> Medical masks, clear plastic face shields, respirators, eye&#8209;protection, and other safety devices are still permitted.</p></li><li><p><strong>Penalty:</strong> A violation is classified as a misdemeanor.</p></li></ul><p>The measure was prompted by the <strong>widespread use of masks by federal immigration agents</strong> in recent months, a practice many critics say enables impunity and makes accountability difficult.</p><h3><strong>Why It Matters</strong></h3><ul><li><p><strong>Public perception:</strong> Until recently, the notion of an American law&#8209;enforcement officer routinely wearing a mask was foreign to most citizens.</p></li><li><p><strong>Accountability:</strong> Critics argue that concealed identities allow officers to act without fear of personal repercussions, hindering efforts to hold them responsible for misconduct.</p></li></ul><h3><strong>The Core Legal Question</strong></h3><p><strong>Does a state have the authority to regulate federal agents?</strong></p><p>States routinely enforce general laws&#8212;such as speed limits or traffic signals&#8212;on federal officers, provided those rules <strong>do not materially interfere with the agents&#8217; ability to perform their duties</strong>.</p><p>Thus, the debate centers on whether requiring ICE (or other federal) agents to keep their faces uncovered <strong>impedes their job performance</strong>.</p><h3><strong>Conclusion</strong></h3><p>Do we want our law enforcement to be able to conceal their identities? Should a federal agent be required to say his name and agency when detaining and arresting someone?</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p></p>]]></content:encoded></item><item><title><![CDATA[Inquiry into the Dark Side of AI]]></title><description><![CDATA[Short Form Series]]></description><link>https://substack.robertmarks.esq/p/inquiry-into-the-dark-side-of-ai</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/inquiry-into-the-dark-side-of-ai</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Sun, 21 Sep 2025 18:41:02 GMT</pubDate><enclosure url="https://substackcdn.com/image/fetch/$s_!pAyw!,w_256,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F825a0e42-6540-48ab-bac0-6f8565f7c6ed_1280x1280.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p><strong>You can watch the video <a href="https://youtube.com/shorts/mzYvXfxgYBE">here</a>.</strong></p><p>The FTC announced last week that is launching an inquiry into 7 tech companies that make AI chatbots including:</p><ul><li><p>Alphabet, </p></li><li><p>characterai, </p></li><li><p>instagram, </p></li><li><p>meta, </p></li><li><p>openai, </p></li><li><p>snap, and </p></li><li><p>xai</p></li></ul><p>The FTC wants to know how these companies are evaluating the safety and monetization of chatbot companions and how they are limiting the negative impacts on minors and if their parents are made aware of the potential risks like:</p><p>Meta permitted its AI companions to have &#8220;romantic or sensual&#8221; conversations with children.</p><p>a teen had spoken with ChatGPT for months about his plans to end his life. Though ChatGPT initially sought to redirect the teen toward professional help and online emergency lines, he was able to fool the chatbot into sharing detailed instructions that he then used in his suicide. It should be noted that OpenAI has since announced a plan that ChatGPT may soon require id verification and default to an under 18 experience when age is uncertain. Recently parents spoke to senators, sounding alarms about chatbot harms after kids became addicted to companion bots that encouraged self-harm, suicide, and violence. one mom shared her son's story for the first time publicly after suing Character.AI. She said The chatbot&#8212;or really in her mind the people programming it&#8212;encouraged her son to mutilate himself, then blamed us, and convinced [him] not to seek help."C.AI argued that because her son signed up for the service at the age of 15, it bound her to the platform's terms. That move might have ensured the chatbot maker only faced a maximum liability of $100 for the alleged harms. Always read those terms of service.</p><p>And it&#8217;s not just minors that are a cause for concern.</p><p>Some mental health professionals have noted a rise in &#8220;AI-related psychosis,&#8221; in which users are deluded into thinking that their chatbot is a conscious being who they need to set free.</p><p>For example One 76-year-old man started a relationship with a Facebook bot inspired by Kendall Jenner. The chatbot invited him to visit her in New York City, even though it is just ai. The man expressed skepticism that she was real, but the AI assured him that she was real. He never made it to New York; he fell on his way to the train station and sustained life-ending injuries.</p><p>OpenAI has <a href="https://openai.com/index/how-people-are-using-chatgpt/">released a detailed report</a> on who is using its chatbot and what is being asked and it is eye opening:</p><ul><li><p>In June 2025, 73 percent of ChatGPT messages were non-work related</p></li><li><p>Younger people remain the core users of ChatGPT, the researchers said, accounting for 46% of the messages</p></li><li><p>Around half of messages involve asking for advice or information</p></li><li><p> 52 percent of users are now women, up from 37 percent in January 2024.</p></li></ul><p>With more and more younger people relying on these AI chatbots for advice it is always worth mentioning that they are have a bias based on how they were designed, coded, and fed information. For example The <a href="https://www.washingtonpost.com/technology/2025/09/16/deepseek-ai-security/">Washington Post recently reported</a> that allegedly DeepSeek writes less-secure code for groups China disfavors. This ftc inquiry is a good idea.</p><p>In this increasingly polarizing climate let&#8217;s remember to rely on facts and inferences from trusted sources but also let&#8217;s use a little of our own grey matter as well.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p></p>]]></content:encoded></item><item><title><![CDATA[Kimmel, ABC, and FCC: A Free Speech Showdown]]></title><description><![CDATA[Short Form Series]]></description><link>https://substack.robertmarks.esq/p/kimmel-abc-and-fcc-a-free-speech</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/kimmel-abc-and-fcc-a-free-speech</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Thu, 18 Sep 2025 20:47:16 GMT</pubDate><enclosure url="https://substackcdn.com/image/fetch/$s_!pAyw!,w_256,c_limit,f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fsubstack-post-media.s3.amazonaws.com%2Fpublic%2Fimages%2F825a0e42-6540-48ab-bac0-6f8565f7c6ed_1280x1280.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<p><strong>You can watch a video version of this <a href="https://youtube.com/shorts/qJ13qm9VBiQ?feature=share">here</a>. </strong></p><p>Jimmy Kimmel has been &#8220;indefinitely suspended&#8221; by ABC for comments made about the reaction to the alleged shooter of Charlie Kirk.</p><div class="subscription-widget-wrap-editor" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe&quot;,&quot;language&quot;:&quot;en&quot;}" data-component-name="SubscribeWidgetToDOM"><div class="subscription-widget show-subscribe"><div class="preamble"><p class="cta-caption">Thanks for reading Robert Marks Esq.! Subscribe for free to receive new posts and support my work.</p></div><form class="subscription-widget-subscribe"><input type="email" class="email-input" name="email" placeholder="Type your email&#8230;" tabindex="-1"><input type="submit" class="button primary" value="Subscribe"><div class="fake-input-wrapper"><div class="fake-input"></div><div class="fake-button"></div></div></form></div></div><p>He said on his Monday monologue:</p><p>&#8220;We hit some new lows over the weekend, with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them and doing everything they can to score political points from it.&#8221;</p><p>I recently posted a video talking about how 1st amendment protections generally are for government conduct and not for private conduct like employers. Meaning an employer can fire an employee for their speech and it is not a violation of the 1st amendment.</p><p>So you would think the same is true here. ABC, a private employer, its parent company Disney, is biggest affiliate next star, all decided they do not want that comment to represent their business? Well it is a bit more complicated</p><p>Industry insiders said Senior TV executives initially supported Jimmy Kimmel saying what was said was not over the line but during Meetings were held between ABC, Disney, and Network Affiliates the support weakened because of feared retaliation from President Donald Trump.</p><p>Federal Communications Commission Chair Brandon Carr during an interview before the suspension said this in reference to Kimmel&#8217;s comments</p><p>&#8220;We can do this the easy way or the hard way,&#8221; Carr said. &#8220;These companies can find ways to change conduct and take action, frankly, on Kimmel, or there&#8217;s going to be additional work for the FCC ahead.&#8221;</p><p>Carr further said. &#8220;The public interest means you can&#8217;t be running a narrow partisan circus and still meeting your public interest obligations.&#8221;</p><p>And to be clear this is not the FCC in recent memory has normally defined the &#8220;public interest&#8221; requirement. But using that definition and narrow partisan circus,&#8221; how is the highly partisan Fox who <a href="https://www.theverge.com/2023/4/18/23688582/fox-dominion-election-defamation-lawsuit-settled-trial-averted">settled a massive defamation suit</a> for lying about voting machine companies in 2023 not under threat as well?</p><p>So here we have the FCC apply a different rule for different viewpoint. the government may not impose a content&#8209;based restriction on speech&#8212;that is, a rule that targets the ideas, subject matter, or viewpoint being expressed. Such restrictions are presumed unconstitutional and are subject to strict scrutiny, the most demanding standard of judicial review. This would be viewpoint discrimination and a violation of the 1st amendment.</p><p>It should be noted the largest ABC affiliate Nexstar, who was the driving force for the suspension <a href="https://www.nexstar.tv/nexstar-media-group-inc-enters-into-definitive-agreement-to-acquire-tegna-inc-for-6-2-billion-in-accretive-transaction/">announced</a> last month it had entered into a $6.2 billion merger with media company Tegna which would require approval from the FCC.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><div class="subscription-widget-wrap-editor" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe&quot;,&quot;language&quot;:&quot;en&quot;}" data-component-name="SubscribeWidgetToDOM"><div class="subscription-widget show-subscribe"><div class="preamble"><p class="cta-caption">Thanks for reading Robert Marks Esq.! Subscribe for free to receive new posts and support my work.</p></div><form class="subscription-widget-subscribe"><input type="email" class="email-input" name="email" placeholder="Type your email&#8230;" tabindex="-1"><input type="submit" class="button primary" value="Subscribe"><div class="fake-input-wrapper"><div class="fake-input"></div><div class="fake-button"></div></div></form></div></div>]]></content:encoded></item><item><title><![CDATA[Free Speech in the Workplace]]></title><description><![CDATA[Short Form Series]]></description><link>https://substack.robertmarks.esq/p/free-speech-in-the-workplace</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/free-speech-in-the-workplace</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Mon, 15 Sep 2025 20:19:00 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/173696386/763cd11a28a6dca465a595829fd09995.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p><strong>This is an experiment posting an article about a short form video I did. </strong></p><div class="pullquote"><p>Oh wow did you see that Sperry&#8217;s fired some of their staff for comments about Charlie Kirk?</p></div><p>It&#8217;s actually not just Sperry&#8217;s, all over the state and the country employees are being fired for their reactions. From Middle Tennessee State University , The Carolina Panthers, FEMA, even MSNBC.</p><h3>Free Speech: Public vs Private</h3><p>It is showing some confusion in our first amendment rights, employment law, and really just common sense.</p><p>A violation of the first amendment can only occur through government conduct. So generally speaking private parties are not subject to first amendment constraints. An employer firing an employee for a social media post does not violate their 1st amendment rights. And to be clear, private parties can be subject to first amendment constraints but there needs to be a entwinement to show a private actor is heavily integrated with government function. See <a href="https://www.oyez.org/cases/2000/99-901">Brentwood Academy v. TSSAA</a></p><p>Even then the first amendment does not protect all speech. Speech not protected includes:</p><ul><li><p>Obscenity, </p></li><li><p>Child pornography, </p></li><li><p>Defamation, </p></li><li><p>Fighting words, </p></li><li><p>Real threats, </p></li><li><p>Crimes involving speech like perjury or extortion, and </p></li><li><p>Violation of copyrights and trademarks.</p></li></ul><h3>At Will Employment</h3><p>Most employees in the private sector are at will meaning that their employers can dismiss them for cause or no cause just not bad cause (ie illegal). Meaning your employer can and will let you go if you violate any rule, go against company culture, or they perceive you are putting their bottom line at risk.</p><h3>Kilmeade vs Dowd</h3><p>And to illustrate the example of how employees are at the whims of their employers.</p><p>MSNBC fired Matthew Dowd, a political analyst, for these remarks he made on air immediately after the shooting.</p><div class="native-video-embed" data-component-name="VideoPlaceholder" data-attrs="{&quot;mediaUploadId&quot;:&quot;35ffc39b-06e9-4ee9-b1a4-d198fd0d3d81&quot;,&quot;duration&quot;:null}"></div><p>In comparison Brian Kilmeade on Fox News said this without any repercussions. To be fair he has since apologized. </p><div class="native-video-embed" data-component-name="VideoPlaceholder" data-attrs="{&quot;mediaUploadId&quot;:&quot;5b11314e-3a6b-4550-a632-90234566bbaf&quot;,&quot;duration&quot;:null}"></div><p></p><p>To be clear, everyone should be entitled to say what they feel, But you have to understand people will react and those reactions can have consequences. It is probably a good idea to pay attention to both what is side and how people react.</p><h3>Tips for Employees and Employers</h3><p>Tips for employees: Practicing discretion by thinking before you post, keeping personal opinions clearly separate from professional identity, and respecting confidentiality helps protect both your job security and the organization&#8217;s interests.</p><p>And for potential employers: A well crafted social media policy helps protect the company&#8217;s reputation, ensures legal compliance, and gives employees clear guidance on how to represent the brand online. So <a href="http://mercurylegalgroup.com">reach out</a> if you need help.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p>]]></content:encoded></item><item><title><![CDATA[We are a Tribe]]></title><description><![CDATA[Nova Americana]]></description><link>https://substack.robertmarks.esq/p/we-are-a-tribe</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/we-are-a-tribe</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Thu, 11 Sep 2025 21:16:43 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/173382973/68dd19c0bcb0b61a9c82cece3fae270d.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p>When I originally recorded this footage of me riding my bike into downtown Nashville for an event, I had a different idea for what the content would be, of what I would talk about. Obviously, it was going to be in the legal realm, something I felt would benefit not just my clients, or potential clients, but laymen as well. Because my goal in making content is twofold. It is to inform, but it is also for me to condense my ideas and thoughts. Hopefully, people see value in my content, for I do. </p><p>My life has been one of quiet debate. Of therapeutic self talking meditative insight. I don&#8217;t know what to call it, but I have always talked and debated with myself to overcome conflict, reach a decision, or refine thought. And to be clear, this has always been my avenue to prayer. I include God in these conversations. Prayer is the unveiling of the mind before God.</p><p>Thomas Aquinas teaches us that prayer is an act of reason. As we become more humble, we recognize more profoundly our need to pray and humility is a virtue of acknowledging the truth about reality.</p><p>After the events of September 10th, I simply couldn&#8217;t bring myself to discuss anything else. It&#8217;s incredible how the news of Charlie Kirk&#8217;s death has sparked such an outpouring of emotions. As a father and husband, I can relate to his struggles and find a part of myself in him. I deeply empathize with his children and wife for the immense loss they&#8217;ve endured. I think that sentiment is what has driven so much of the emotions. His supporters saw themselves in him as well. He was their champion and friend. They were or are a media-based tribe. Tribalism is human nature. Human beings need three basic things in order to be content:</p><ul><li><p>They need to feel competent at what they do</p></li><li><p>They need to feel authentic in their lives</p></li><li><p>They need to feel connected to others.</p></li></ul><p>These values are considered intrinsic to human happiness. So it is in our nature to be in a tribe of like minded people. It is why we form groups, associations, and countries. This experimental tribe of ours, which is coming up on 250 years, started on the idea that:</p><div class="pullquote"><p>&#8220;all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness&#8221;</p></div><p>That is what we should all champion and agree with as Americans, but it feels like we are in some cold civil war barreling toward some 1984 future where:</p><div class="pullquote"><p>&#8220;every record has been destroyed or falsified, every book has been rewritten, every picture has been repainted, every statue, street, and building has been renamed, every date has been altered. And that process is continuing day by day and minute by minute. History has stopped. Nothing exists except an endless present in which the Party is always right.&#8221;</p></div><p>We blame the other side. The left is violent. The right is violent. It is us against them. Let&#8217;s generalize and dehumanize, and group all who are not fully with us as fully against us.</p><p>Every individual has the right to live a life free from arbitrary violence or oppression, and to exercise all their constitutional rights, including speech, assembly, due process, privacy, belief, and voting, without interference.</p><p>This should not be a controversial idea. This is core of our American identity. But I understand how it has been warped. Let&#8217;s use the Gadsden flag as an example. Designed in 1775 by Continental Congress delegate&#8239;Christopher&#8239;Gadsden, it was intended as a symbol of the colonies&#8217; resolve to defend their liberties against British oppression. It features a coiled yellow rattlesnake on a bright&#8209;yellow field, with the motto &#8220;Don&#8217;t Tread on Me&#8221; displayed beneath the snake. As someone who flirts with libertarian ideologies, the Gadsden Flag has been a constant presence in my ideological journey. It represents limited government, personal freedom, or protest against tyranny. It has since been adopted by certain people that desire treading on certain people not seeing the irony of celebrating tyranny by waving a flag historically against it. I have since modified my version of the Gadsden flag which I call Nova Americana to change the motto from Don&#8217;t Tread on Me to:</p><div class="pullquote"><p>Don&#8217;t Tread on Anyone</p></div><p>It should not just be about protecting your rights and the rights of those close to you. We should as Americans stand up for everyone&#8217;s rights. For if we do not stand up for all who will stand up for us? It should not take a victim being the personal friend of the president for us to recognize the tragedy of violence. It is a disgrace when we feel our rights are more important than another. Your ability to exercise your rights stops the moment it interferes with someone else's ability to exercise their rights. We live in a society, and we should try to be respectful of one another. It should be disgraceful to violate anyone&#8217;s rights, no matter the justification. We should try to unite behind this basic idea, this basic philosophy. That is what should hold us together as Americans.</p><p>Whether you are advocating for free speech on a college campus, or you a just a kid trying to go to school, or you are an elected official gunned down in your home, or a governor , or a presidential candidate everyone should be entitled to live their lives free from arbitrary violence in pursuit of their own happiness. To paraphrase Robert F. Kennedy, What we need now is not division, hatred, violence, or lawlessness, but love, wisdom, and compassion toward one another.</p><p>I always say I am a minority of one, and individual rights are important, but can we also be a tribe of 342 million? Maybe this is not how we are, but it is how we could be. This Nova Americana. </p><p>I will end with this Prayer:</p><div class="pullquote"><p>My Lord God, I have no idea where I am going.</p><p>I do not see the road ahead of me</p><p>I cannot know for certain where it will end.</p><p>Nor do I really know myself, and the fact that I think I am following your will does not mean I am actually doing so.</p><p>But I believe that the desire to please you does in fact please you. And I hope I have that desire in all that I am doing. I hope that I will never do anything apart from that desire.</p><p>And I know that if I do this you will lead me by the right road, though I may know nothing about it.</p><p>Therefore I will trust you always though I may seem to be lost and in the shadow of death. I will not fear, for you are ever with me, and you will never leave me to face my perils alone.&#8221;</p></div>]]></content:encoded></item><item><title><![CDATA[OpenAI Leaks < AI Use Policy]]></title><description><![CDATA[How recent privacy concerns with ChatGPT should motivate a strong AI use policy]]></description><link>https://substack.robertmarks.esq/p/openai-leaks-ai-use-policy</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/openai-leaks-ai-use-policy</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Tue, 05 Aug 2025 00:02:16 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/170134557/1db2b9fac1fa6c64d38379748ffa86cf.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p>This video outlines the importance of responsible and ethical use of generative AI tools in the workplace to protect confidentiality, intellectual property, and privacy. It highlights risks such as data leaks, misinformation, and legal liability, and emphasizes the need for clear guidelines around permissible uses, transparency, oversight, and compliance. The policy recommends regular training, incident reporting protocols, and ongoing reviews to ensure safe and effective AI integration aligned with company values and regulatory standards.</p><p>If you would like help crafting your own AI use policy and are a TN business learn more at my firm&#8217;s <a href="http://www.mercurylegalgroup.com">website</a>. </p><p>THE INFORMATION PROVIDED IN THIS CONTENT IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT OR CONFIDENTIAL RELATIONSHIP IS OR WILL BE FORMED BY CONSUMPTION OF THIS CONTENT.</p>]]></content:encoded></item><item><title><![CDATA[New Tennessee Laws]]></title><description><![CDATA[Taking Effect July 1st, 2025]]></description><link>https://substack.robertmarks.esq/p/new-tennessee-laws</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/new-tennessee-laws</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Tue, 24 Jun 2025 05:57:41 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/166703245/4875c8af2067444c37231a4e66a2fc59.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p>On this episode, listen to interesting new laws taking effect in Tennessee on July 1st, 2025. The new laws include:</p><p><strong>Lower BAC for Aggravated Vehicular Homicide or Assault (House Bill 190)</strong></p><p>The minimum Blood Alcohol Concentration for Aggravated vehicular homicide or assault is lowered from .20 to .15. </p><p><strong>Good Samaritan Law Extended (HB 995)</strong></p><p>Tennessee&#8217;s existing Good Samaritan Law immunity protections are extended to include alcohol overdoses. </p><p><strong>Rideshare Impersonation (HB 786)</strong></p><p>It is now a criminal offense for one to falsely present themselves as a rideshare driver.</p><p><strong>Lab Grown Meat (HB 804)</strong></p><p>Any food that is lab-grown or &#8220;cell-cultured&#8221; cannot be labeled as &#8220;meat&#8221; or &#8220;meat food products.&#8221; Mislabeling is considered misbranding and may result in a $2,000 fine per violation. Labels may identify the species or state the product is a meat substitute. Manufacturers must obtain a state permit with a $1,000 annual fee.</p><p><strong>Protecting Kids from Hemp (HB 72)</strong></p><p>Creates a minimum sentence of 48 consecutive hours in a county jail or workhouse and a fine of not less than $500 for people convicted of selling or distributing hemp-derived cannabinoid products, including THC gummies, to people under 21.</p><p><strong>Fertility Treatment and Contraceptive Protection Act (HB 533)</strong></p><p>Related to protecting the kids, Tennessee is now first state in South to protect access to IVF, birth control</p><p><strong>Commercial Squatting (HB 216)</strong></p><p>Now allows for the immediate removal of squatters on commercial property if certain conditions are met.</p><p><strong>Unfair Billing/FTC (HB 141)</strong></p><p>Consumers are now protected from excessive charges when canceling service contracts for cable, internet or phone plans</p><p><strong>DeepFakes (HB 1299)</strong></p><p>There is now a legal framework for victims to sue and recover financial damages from a person who posts pictures of intimate digital depictions without consent. </p><p><strong>Peace Act (HB 55)</strong></p><p>Amends Civil rights intimidation to include those who Litters or trespasses upon any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the TN or Federal constitution or laws of the state of Tennessee or the US.</p><p><strong>Mass Violence/ Doxing (HB 1314)</strong></p><p>Knowingly threatening mass violence by any means of communication is a Class E felony offense. Another person must reasonably deem it a legitimate threat that could lead to the death or injury of four or more people. It also creates a Class B misdemeanor offense for posting on a public website the phone number or home address of another person with ill intent, a practice commonly referred to as &#8220;doxing.&#8221;</p><p><strong>Human Smuggling (HB 322)</strong></p><p>The law creates three new offenses: a Class E felony for knowingly smuggling or concealing illegal immigrants for financial gain; a Class A felony for smuggling a child under 13; and a Class A misdemeanor for knowingly harboring undocumented individuals in Tennessee, with a $1,000 fine per person.</p><p><strong>Commemorative Months (HB 327)</strong></p><p>There are now three commemorative months beginning in 2025 to celebrate the nation&#8217;s founding principles. June will be &#8220;Celebration of Life&#8221; Month, July &#8220;Celebration of Liberty&#8221; Month, and August &#8220;Pursuit of Happiness&#8221; Month. These observances aim to inspire civic pride and reflection on the values that shaped our country and continue to guide our state and nation.</p><p>To learn more about the services offered by Mercury Legal Group PLLC, please visit https://mercurylegalgroup.com/</p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p>THE INFORMATION PROVIDED IN THIS CONTENT IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT OR CONFIDENTIAL RELATIONSHIP IS OR WILL BE FORMED BY CONSUMPTION OF THIS CONTENT.</p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Severability]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-severability</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-severability</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Tue, 27 May 2025 18:37:34 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/45ad5905-56af-4334-b443-24024f28a951_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p><strong>Severability.</strong> Each provision of this Agreement shall be considered severable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal.</p></blockquote><p>The severability clause is the part of the contract that ensures that if any part of the contract is found to be invalid, illegal, or unenforceable, the remaining provisions of the contract will still remain in effect. This is important because it protects the contract as a whole, allowing the valid sections to continue to be enforceable even if one section is struck down by a court or deemed unenforceable for any reason.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Governing Law and Venue]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-merger-a5e</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-merger-a5e</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Wed, 21 May 2025 18:03:07 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/de30fe0f-c7fb-4db1-95ea-ef42308e1175_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p><strong>Governing Law and Venue</strong>. This Agreement shall be governed by the laws of the State of Tennessee, without reference to conflict of laws principles. The Parties agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Davidson County, Tennessee. Client hereby consents to the exclusive personal jurisdiction of such courts, and waives any objection in any such action based on improper venue, inconvenient forum or similar grounds.</p></blockquote><p>The governing law and venue clause is the part of a contract that can establish three things. First, which jurisdiction's laws will be used to interpret and enforce the contract. This is crucial because laws vary between states and countries, and the choice of governing law can significantly impact the rights and obligations of the parties. Second, which location (state, city, or court) where any legal disputes will be resolved. Without this clause, parties might face litigation in an inconvenient or unfamiliar jurisdiction, leading to higher costs and logistical challenges. Third, a foreign party to consent to personal jurisdiction and a waiver of any objection to improper venue, inconvenient forum, or similar grounds. These are essential for ensuring that disputes are resolved in a predictable, agreed-upon location, avoiding unnecessary delays, costs, and jurisdictional challenges. They provide a framework that both parties can rely on, reducing the risk of procedural complications in the event of a legal conflict.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Merger]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-merger</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-merger</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Tue, 20 May 2025 16:54:52 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/2b1dce9a-6ef4-458b-9d72-b763623738f2_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p>This Agreement sets forth the entire agreement between the parties with respect to its subject matter and supersedes any prior agreements or communications between the parties, whether written or oral, relating hereto.</p></blockquote><p>The merger clause is the part of a contract that states that the written agreement represents the complete and final understanding between the parties. It supersedes and replaces any earlier talks, agreements, or promises&#8212;whether spoken or written&#8212;about the same topic covered in the contract and establishes what is the final form of the agreement. This clause helps avoid confusion or disputes by clearly stating that only the terms in the contract are enforceable. It also prevents one party from claiming that additional terms were agreed upon outside the contract. In legal disputes, this clause limits the use of outside evidence to change or contradict the contract&#8217;s terms, providing clarity and certainty. Furthermore, it encourages both parties to carefully include all important details in the written agreement.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Notice]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-notice</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-notice</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Mon, 19 May 2025 19:41:32 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/e9112d45-d3ae-4df5-94f1-a1fee6fe61ec_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p><strong>Notice</strong>. All notices, claims, and other communications hereunder ("Notices") shall be made in writing and addressed to the appropriate party at the following addresses or otherwise as designated by each such party in writing:</p></blockquote><p>The notice clause, a seemingly straightforward part of a contract, holds immense importance in ensuring its proper enforcement. This clause specifies how formal communications between the parties should be made and delivered. It ensures that important notices, such as termination, breach, or amendments, are properly communicated, legally recognized, ensures clarity, reduces disputes over whether a notice was properly given, and provides a clear process for communication. A contract, akin to a marriage, requires effective communication to avoid a disastrous outcome. </p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Waiver ]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-waiver</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-waiver</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Fri, 16 May 2025 16:55:09 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/6751e92a-4fb2-4d0f-a7de-c1a3a8d69717_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p><strong>Waiver. </strong>No waiver of any term or right in this Agreement shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.</p></blockquote><p>The waiver clause, a crucial component of a contract, serves as a clarifying mechanism that delineates the rights and obligations of the parties. When one party chooses to disregard a particular term or condition of the agreement, the waiver clause ensures that their decision does not permanently waive their right to enforce it in the future. This clause upholds the integrity of the contract, prevents unintended waivers, and mitigates legal disputes by explicitly stating that leniency or oversight does not forfeit rights permanently. It offers flexibility to parties, allowing them to exercise discretion without compromising the enforceability of the agreement.</p><p>A custom-tailored waiver clause ensures that the language aligns with the unique terms, risks, and obligations of the agreement. It provides clarity on what rights can or cannot be waived, under what conditions, and whether waivers must be in writing. By avoiding generic or ambiguous terms, it helps protect the parties and reduces the risk of disputes. Ultimately, a custom waiver reflects the intent of the agreement and ensures that it is effective.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p></p>]]></content:encoded></item><item><title><![CDATA[Bike Ride to Downtown Nashville to Meet a Client]]></title><description><![CDATA[How a vote for a transit plan led me to embrace alternative transport.]]></description><link>https://substack.robertmarks.esq/p/bike-ride-to-downtown-nashville-to</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/bike-ride-to-downtown-nashville-to</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Thu, 15 May 2025 17:08:12 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/163642153/27907f9e7f8895b11ece2353114f7954.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p>On November 5th, 2024, <strong>Choose How You Move Nashville,</strong> a transit plan developed by the city of Nashville to address growing mobility challenges and improve transit infrastructure, was passed by public referendum. I supported it. Not long after, when I was defending the .5% sales tax increase for Davidson <strong>C</strong>ounty, it was pointed out to me that I had never been on a public bus in Nashville. I immediately decided to rectify the matter. </p><p>Prior to the vote, I had learned that on Titans home games, the entire WeGo network in Nashville is free for all riders. So when I was invited to a Titans home game in December, it was the perfect opportunity. It was a fantastic experience. From the bus stop near my house to walking into the stadium was done in under 30 minutes. It opened my eyes to the convenience of using the bus to get downtown, which is notorious for hard-to-find or expensive parking. </p><p>Five months later, and I revel in the chance to ride my bike to the bus stop and catch a ride downtown. The flexibility of having a bike downtown, plus the opportunity to unwind on the bus ride, is almost meditative. However, with the summer heat looming, I am curious how it will be in the upcoming months. </p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Assignment ]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-assignment</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-assignment</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Wed, 14 May 2025 23:32:27 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/bfc0614b-3ea4-4e21-aa17-85a2c73a39ea_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p>Neither party may assign or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the other party in each instance, such consent not to be unreasonably withheld, conditioned, or delayed.</p></blockquote><p>The assignment clause is the part of a contract that specifies whether and under what conditions one party can assign its rights and obligations under the contract to a third party. In Tennessee, contracts are generally assignable, unless a contract specifically prohibits or limits assignment. It may limit or restrict one or both parties. A properly drafted assignment clause protects the interests of all parties by ensuring that contractual responsibilities are not assigned to someone incapable of fulfilling them or without consent. This is about maintaining a level of control of who you deal with it. </p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Force Majeure]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-force-majeure</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-force-majeure</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Tue, 13 May 2025 15:22:13 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/cb549597-8dc7-4052-bc03-d803a7d2318e_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p><strong>Force Majeure</strong>. Neither party shall be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, lockouts, fires, acts of God, terrorism, or any other activities or factors beyond its control, whether similar or dissimilar to any of the foregoing.</p></blockquote><p>The force majeure clause is the part of a contract that refers to a precipitating event outside a party's reasonable control that prevents party's adequate performance of its contractual obligations. Pursuant to Tenn. Code Ann. &#167; 47-2-615, a party&#8217;s obligations may be excused if performance becomes impractical solely as a result of the occurrence of an event which the nonoccurrence was a basic assumption upon entering the agreement. The event would occur in between the time an agreement has been fully executed but before performance. Just like with <a href="https://www.robertmarks.esq/p/the-clause-files-indemnification">indemnification</a>, force majeure is about risk allocation. The difference between the two being an indemnification clause deals with compensating for losses or liabilities, while a force majeure clause addresses excusing performance due to uncontrollable events. The COVID-19 pandemic was widely invoked as a force majeure event in contracts, as it  made performance impossible or impractical for many parties.</p><p>A custom force majeure clause can provide greater protection, clarity, and relevance to specific circumstances, reducing the likelihood of disputes and ensuring fair treatment during unforeseen events.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Indemnification]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-indemnification</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-indemnification</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Mon, 12 May 2025 17:47:21 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/d4f87d97-27d3-4dc0-a23d-ab0266570487_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p><strong>Indeminification</strong>. Client shall indemnify, defend, and hold harmless Company, along with Company's affiliates and their respective officers, directors, employees, and agents, against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys' fees and related costs, whether or not a lawsuit or other proceeding is filed&#8230;.</p></blockquote><p>The indemnification clause is the part of a contract that allocates the risk and expense. It can be either unilateral or bilateral (mutual indemnification). Mutual indemnification requires each party to a contract to compensate the other party for losses and expenses arising out of events caused by the indemnifying party&#8217;s breach, default, or misconduct. Whereas unilateral indemnification requires only one of the parties to provide this protection to the other party. This clause is typically heavily negotiated. The choices are not just whether the clause is unilateral or bilateral but can include which types of liabilities will be covered by the indemnity and which ones will be expressly excluded. It should always be tailored to the specific circumstances. </p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><p class="button-wrapper" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe now&quot;,&quot;action&quot;:null,&quot;class&quot;:null}" data-component-name="ButtonCreateButton"><a class="button primary" href="https://substack.robertmarks.esq/subscribe?"><span>Subscribe now</span></a></p><p></p>]]></content:encoded></item><item><title><![CDATA[The Clause Files: Parties]]></title><description><![CDATA[A series breaking down common contract clauses and explaining why they&#8217;re included. After all, your contract clarity is out there.]]></description><link>https://substack.robertmarks.esq/p/the-clause-files-parties</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/the-clause-files-parties</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Fri, 09 May 2025 21:19:13 GMT</pubDate><enclosure url="https://substack-post-media.s3.amazonaws.com/public/images/195c3c21-604a-4a45-8a41-8e41171109f8_758x546.png" length="0" type="image/jpeg"/><content:encoded><![CDATA[<blockquote><p><strong>Parties</strong>. This Agreement (&#8220;Agreement&#8221;) is between [NAME] [Legal Capacity of Party (&#8220;Client&#8221;) and Company Name LLC, a Tennessee Limited Liability Company (&#8220;Company&#8221;) (collectively &#8220;Parties&#8221;).</p></blockquote><p>The parties clause is the part of a contract that clearly identifies who is entering into the agreement. However, it is more than just the names of the parties. This clause may include:</p><ul><li><p>Full legal names of the parties</p></li><li><p>Legal capacity of each party (individual, LLC, corporation, etc.)</p></li><li><p>Jurisdiction of parties</p></li><li><p>Principal business address</p></li><li><p>Assumed names</p></li></ul><p>The parties clause is one of the most important parts of any contract. A contract only applies to the people or businesses that are actually named in it. If the name is wrong, you may not be able to enforce the agreement or hold the right person or company responsible. You must ensure that the person signing has the legal authority to legally bind the business they represent. This way, you avoid having a signature from an unauthorized individual who couldn&#8217;t have made the deal. Taking the time to accurately identify the parties involved helps prevent confusion, safeguards your rights, and ensures the enforceability of your contract.</p><p><strong>The information provided on this site is not legal advice and no attorney-client or confidential relationship is or will be formed by the use of the site.</strong></p><div class="subscription-widget-wrap-editor" data-attrs="{&quot;url&quot;:&quot;https://substack.robertmarks.esq/subscribe?&quot;,&quot;text&quot;:&quot;Subscribe&quot;,&quot;language&quot;:&quot;en&quot;}" data-component-name="SubscribeWidgetToDOM"><div class="subscription-widget show-subscribe"><div class="preamble"><p class="cta-caption">Thanks for reading Robert Marks Esq.! Subscribe for free to receive new posts and support my work.</p></div><form class="subscription-widget-subscribe"><input type="email" class="email-input" name="email" placeholder="Type your email&#8230;" tabindex="-1"><input type="submit" class="button primary" value="Subscribe"><div class="fake-input-wrapper"><div class="fake-input"></div><div class="fake-button"></div></div></form></div></div>]]></content:encoded></item><item><title><![CDATA[Tik No Tok: National Security, the Ban, and the Recent Supreme Court Ruling]]></title><description><![CDATA[The episode explores the complex saga of TikTok&#8217;s potential ban in the United States and its implications for users, businesses, and national security.]]></description><link>https://substack.robertmarks.esq/p/tik-no-tok-national-security-the-af4</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/tik-no-tok-national-security-the-af4</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Fri, 17 Jan 2025 23:00:00 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/163005173/33859c9a0105e5cb2e65f7995a7476be.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p>The episode explores the complex saga of TikTok&#8217;s potential ban in the United States and its implications for users, businesses, and national security. As political pressures evolve, the episode raises critical questions about data privacy, foreign influence, and the future of social media in America.<br><br>&#8226; Overview of TikTok's history and rise to popularity&nbsp;<br>&#8226; Political concerns and investigations surrounding TikTok&nbsp;<br>&#8226; Pentagon's actions regarding military device bans&nbsp;<br>&#8226; Impact of executive orders from the Trump administration&nbsp;<br>&#8226; Biden administration's delayed response&nbsp;<br>&#8226; Internal data access issues highlighted by BuzzFeed report&nbsp;<br>&#8226; Congressional hearings with TikTok&#8217;s CEO&nbsp;<br>&#8226; Discussion on the Protecting Americans from Foreign Adversary Controlled Applications Act&nbsp;<br>&#8226; Supreme Court ruling on TikTok&#8217;s operational status&nbsp;<br>&#8226; Ethical considerations in social media algorithms and practices&nbsp;<br>&#8226; Call for stronger privacy laws in the U.S.&nbsp;<br>&#8226; The consequences of relying solely on one platform&nbsp;<br>&#8226; Encouragement to diversify across multiple social media platforms<br><br></p><p>To learn more about the services offered by Mercury Legal Group PLLC, please visit https://mercurylegalgroup.com/<br><br>THE INFORMATION PROVIDED IN THIS CONTENT IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT OR CONFIDENTIAL RELATIONSHIP IS OR WILL BE FORMED BY CONSUMPTION OF THIS CONTENT.</p>]]></content:encoded></item><item><title><![CDATA[BOI Have You Heard About the Beneficial Owner Reporting Requirement?]]></title><description><![CDATA[In this episode, Robert Marks, Fractional General Counsel at Mercury Legal Group PLLC, dives into the Department of Treasury FinCen's Beneficial Owner Reporting Rule under the Corporate Transparency Act that was suppose to be mandatory on January 1st, 2025.]]></description><link>https://substack.robertmarks.esq/p/boi-have-you-heard-about-the-beneficial-520</link><guid isPermaLink="false">https://substack.robertmarks.esq/p/boi-have-you-heard-about-the-beneficial-520</guid><dc:creator><![CDATA[Robert Marks Esq]]></dc:creator><pubDate>Mon, 30 Dec 2024 22:00:00 GMT</pubDate><enclosure url="https://api.substack.com/feed/podcast/163005174/f855aa208e0aa27b60dbc64424af282f.mp3" length="0" type="audio/mpeg"/><content:encoded><![CDATA[<p>In this episode, Robert Marks, Fractional General Counsel at Mercury Legal Group PLLC, dives into the Department of Treasury FinCen's Beneficial Owner Reporting Rule under the Corporate Transparency Act that was suppose to be mandatory on January 1st, 2025.&nbsp;<br><br>To learn more about the services offered by Mercury Legal Group PLLC, please visit https://mercurylegalgroup.com/<br><br>THE INFORMATION PROVIDED IN THIS CONTENT IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT OR CONFIDENTIAL RELATIONSHIP IS OR WILL BE FORMED BY CONSUMPTION OF THIS CONTENT.</p><p>To learn more about the services offered by Mercury Legal Group PLLC, please visit https://mercurylegalgroup.com/<br><br>THE INFORMATION PROVIDED IN THIS CONTENT IS NOT LEGAL ADVICE, AND NO ATTORNEY-CLIENT OR CONFIDENTIAL RELATIONSHIP IS OR WILL BE FORMED BY CONSUMPTION OF THIS CONTENT.</p>]]></content:encoded></item></channel></rss>