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Small businesses brace themselves for potentially disruptive TikTok ban
Legal Interview | 2025/01/02 03:41
A looming TikTok ban could affect the millions of small businesses that use the short-video social media app to help them grow their business.

Desiree Hill, owner of Crown’s Corner Mechanic in Conyers, Georgia, started her business solo as a mobile mechanic. Sharing videos of her work on TikTok helped spread the word and she became so popular she was able to open a 9,000 square foot brick and mortar shop with five employees 18 months ago.

“Every day I get at least two to three customers that have seen me on TikTok, watched my videos and wanted to become a customer,” she said.

Though TikTok has been around only since 2016, small business owners use the platform in a variety of ways, from growing a customer base to advertising and marketing, as well as selling goods directly from the site.

According to TikTok’s own estimates, small businesses on TikTok would lose more than $1 billion in revenue in a single month if the ban goes into effect.

The Justice Department ordered the app’s China-based parent company, ByteDance, to sell TikTok or face a U.S. ban by Jan. 19, citing security concerns. The Supreme Court will take up the matter in January. President-elect Donald Trump, who takes office Jan. 20, has asked the Supreme Court for a delay.

If a ban does occur, small businesses will have to migrate to other platforms to find their customers. Instagram Reels, SnapChat and YouTube Shorts are alternatives. The good news is brands likely already have a presence there. But it may be harder to reach teens that have made TikTok their preferred social media app.

Another alternative is to build a strong database of customers that opt in to providing contact emails or phone numbers. That lets owners reach out directly to customers with promotions and other marketing messages.

But Crown Corner Mechanic’s Hill said she is worried that other sites may not have the reach that TikTok does. She has a presence on YouTube, Instagram and Facebook, but it’s not the same, she said.



North Carolina Attorney General Josh Stein is elected as the state’s governor
Legal Interview | 2024/11/09 23:03
North Carolina Attorney General Josh Stein was elected governor on Tuesday, defeating Republican Lt. Gov. Mark Robinson and maintaining Democratic leadership of the chief executive’s office in a state where Republicans have recently controlled the legislature and appeals courts.

Stein, a Harvard-trained lawyer, former state senator and the state’s chief law enforcement officer since 2017, will succeed fellow Democrat Roy Cooper, who was term-limited from seeking reelection. He will be the state’s first Jewish governor. Robinson’s campaign was greatly hampered by a damning report in September that he had posted messages on an online pornography website, including that he was a “black NAZI.”

Democrats have held the governor’s mansion for all but four years since 1993, even as the GOP has held legislative majorities since 2011.

As with Cooper’s time in office, a key task for Stein likely will be to use his veto stamp to block what he considers extreme right-leaning policies. Cooper had mixed success on that front during his eight years as governor.

Otherwise, Stein’s campaign platform largely followed Cooper’s policy goals, including those to increase public school funding, promote clean energy and stop further abortion restrictions by Republicans.

Stein’s campaign dramatically outraised and outspent Robinson, who was seeking to become the state’s first Black governor.

For months Stein and his allies used television ads and social media to remind voters of previous inflammatory comments that Robinson had made about abortion, women and LGBTQ+ people that they said made him too extreme to lead a swing state.

“The people of North Carolina resoundingly embraced a vision that’s optimistic, forward-looking and welcoming, a vision that’s about creating opportunity for every North Carolinian,” Stein told supporters in his victory speech after Cooper introduced him. “We chose hope over hate, competence over chaos, decency over division. That’s who we are as North Carolinians.”

Robinson’s campaign descended into disarray in September when CNN reported that he made explicit racial and sexual posts on a pornography website’s message board more than a decade ago. In addition to the “black NAZI” comment, Robinson said he enjoyed transgender pornography and slammed the Rev. Martin Luther King Jr. as “worse than a maggot,” according to the report. Robinson denied writing the messages and sued CNN and an individual for defamation in October.

In the days following the report, most of Robinson’s top campaign staff quit, many fellow GOP elected officials and candidates — including presidential nominee Donald Trump — distanced themselves from his campaign and outside money supporting him on the airwaves dried up. The result: Stein spent millions on ads in the final weeks, while Robinson spent nothing.

Stein had a clear advantage among women, young and older voters, moderates and urban and suburban voters, according to AP VoteCast, an expansive survey of more than 3,600 voters in the state. White voters were about evenly divided between Stein and Robinson, while clear majorities of Black voters and Latino voters supported Stein.

Fifteen percent of those who voted for Trump also backed Stein for governor, while just 2% of those who cast ballots for Democratic presidential nominee and Vice President Kamala Harris backed Robinson.

Patrick Stemple, 33, a shipping coordinator attending a Trump rally last week in Greensboro, said he voted early for Trump but also chose Stein for governor.

Stemple mentioned both Stein’s ads talking about how he has fought illegal drug trafficking and his dislike for Robinson’s rhetoric. Stemple said the graphic language that CNN reported was used in Robinson’s posts reinforced his decision not to back Robinson.



Au pair charged in double homicide pleads guilty to manslaughter
Legal Interview | 2024/11/03 22:14
A Brazilian au pair who fell in love with an IRS agent pleaded guilty to manslaughter on Tuesday in what prosecutors say was an elaborate double-murder scheme to frame another man in the stabbing of his wife.

For months after the killings on Feb. 24, 2023, it might have seemed as if Juliana Peres Magalhães and the IRS agent, Brendan Banfield, got away with murders, according to new details prosecutors revealed in court to support her guilty plea.

Christine Banfield, a pediatric intensive care nurse with a 4-year-old daughter, had been mortally wounded with stab wounds to her neck, and Brendan Banfield, her husband, and their live-in nanny both said they shot her apparent killer — a man who had been lured to the bedroom with promises of rough sex.

Magalhães had called 911 to the house in Herndon, Virginia, and was hyperventilating at the scene as she described the killings. Detectives weren’t buying it — but it took time to build their case. Meanwhile, the live-in au pair moved into the primary bedroom with Banfield and posted photos of them as a couple, authorities said. When she was arrested in October 2023, a picture of herself with Brendan Banfield was on the nightstand.

As she remained in jail for more than a year thereafter, she declined to say anything more.

A long-awaited forensics report on the blood spatter evidence then came in, and prosecutors said it showed that Brendan Banfield had smeared blood from Christine Banfield’s wounds onto the body of Joe Ryan, the man they had tried to frame for stabbing her. Authorities arrested Brendan Banfield in September on charges of aggravated murder.

Banfield’s lawyer, John F. Carroll, said in court before he was denied bail in September that the evidence “just doesn’t add up” to him killing his wife.

In October, Magalhães agreed to cooperate with the police in her second interview since the day of the crime. Days later, on Tuesday, two weeks before she was scheduled to go to trial on charges of second-degree murder and felony firearm use, Magalhães pleaded guilty to Ryan’s killing, saying she had agreed to help the husband’s ruse to kill the wife and make it look like they both shot a predator.

“Are you entering your guilty plea because you are in fact guilty of this offense?” Chief Judge Penney Azcarate asked Magalhães before accepting her plea to a single count of manslaughter, reduced from murder and a firearm offense.

“Yes,” she replied, softly.

The sentencing of Magalhães, who was raised in the outskirts of Sao Paulo, now awaits the conclusion of Brendan Banfield’s trial. Depending on her cooperation with authorities, attorneys said in court that they may agree for her to be sentenced to the time she’s already served.

“Much of the information that led to this agreement cannot be made public at this time, due to the upcoming criminal trial against the other defendant in this matter,” Fairfax County Commonwealth’s Attorney Steve Descano said.


North Carolina appeals court blocks use of UNC's digital ID for voting
Legal Interview | 2024/09/27 21:39
A North Carolina appeals court on Friday blocked students and employees at the state's flagship public university from providing a digital identification produced by the school when voting to comply with a new photo ID mandate.

The decision by a three-judge panel of the intermediate-level Court of Appeals reverses at least temporarily last month's decision by the State Board of Elections that the mobile ID generated by the University of North Carolina at Chapel Hill met security and photo requirements in the law and could be used.

The Republican National Committee and state Republican Party sued to overturn the decision by the Democratic-majority board earlier this month, saying the law allows only physical ID cards to be approved. Superior Court Judge Keith Gregory last week denied a temporary restraining order to halt its use. The Republicans appealed.

Friday's order didn't include the names of the three judges who considered the Republicans' requests and who unanimously ordered the elections board not to accept the mobile UNC One Card for casting a ballot this fall. The court releases the judges' names later. Eleven of the court's 15 judges are registered Republicans.

The order also didn't give the legal reasoning to grant the GOP's requests, although it mentioned a board memo that otherwise prohibits other images of physical IDs — like those copied or photographed — from qualifying.

In court briefs, lawyers for the RNC and N.C. GOP said refusing to block the ID's use temporarily would upend the status quo for the November election — in which otherwise only physical cards are accepted — and could result in ineligible voters casting ballots through manipulating the electronic card.

North Carolina GOP spokesperson Matt Mercer said Friday's decision "will ensure election integrity and adherence to state law."

The Democratic National Committee and a UNC student group who joined the case said the board rightly determined that the digital ID met the requirements set in state law. The DNC attorneys wrote that preventing its use could confuse or even disenfranchise up to 40,000 people who work or attend the school so close to the election.

North Carolina is considered a presidential battleground state where statewide races are often close.

Friday's ruling could be appealed to the state Supreme Court. A lawyer for the DNC referred questions to a spokesperson for Kamala Harris' campaign who didn't immediately respond to a request for comment. A state board spokesperson also didn't immediately respond to a similar request.

Voters can still show photo IDs from several broad categories, including their driver's license, passport and military IDs. The board also has approved over 130 types of traditional student and employee IDs.

The mobile UNC One Card marked the first such ID posted from someone's smartphone that the board has approved. Only the mobile ID credentials on Apple phones qualified.

The mobile UNC One Card is now the default ID card issued on campus, although students and permanent employees can still obtain a physical card instead for a small fee. The school said recently it would create physical cards at no charge for those who received a digital ID but want the physical card for voting.

The Republican-dominated North Carolina legislature enacted a voter ID law in late 2018, but legal challenges prevented the mandate's implementation until municipal elections in 2023. Infrequent voters will meet the qualifications for the first time this fall. Voters who lack an ID can fill out an exception form.

Early in-person voting begins Oct. 17, and absentee ballots are now being distributed to those requesting them. Absentee voters also must provide a copy of an ID or fill out the exception form.



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