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Ending a dismal year, Samsung says goodbye to CEO

(BUSINESS NEWS) Following a tumultuous year, Samsung now must face their CEO, Kwon Oh-hyun, stepping down.

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Among exploding phones, recalled washing machines and an indicted former chairman, Samsung has had a rough year. Just as they start to get back on track, they have one more crisis to deal with.

Kwon Oh-hyun, Samsung CEO, has officially announced his departure.

In a letter to the employees, Kwon announced his plans to leave the company by March of next year. His words touch on all of the typical sentiments, like that he “had been thinking long and hard about (leaving) for quite some time,” and that he wants to “move on to the next chapter in his life.”

What Kwon doesn’t make clear are his exact reasons for leaving.

He mentions that Samsung is in an “unprecedented crisis inside and out,” without sharing any specifics. Via his own words, Samsung needs to reshape their company to keep up with the ever-changing IT industry.

Kwon believes that young, fresh leadership could be the answer that Samsung needs.

Though Kwon’s departure may seem like another hit for the company, it could be a new chapter for Samsung as well.

And it is a change they desperately need. Recently, Samsung has made the headlines with scandal after scandal.

Earlier this year, Jay Y. Lee, former Vice chairman, was found guilty on multiple charges of bribery. The charge, which Lee is now serving five years in prison for, also resulted in the impeachment of South Korean President Park Geun-hye.

Samsung also lived through two major recalls this year. They officially took the Galaxy Note 7 off of the market after various accusations of batteries overheating led to fires.

Samsung also recalled 2.8 million washing machines because their “violent vibrations” caused some users to be injured.

Major scandals like these are enough for any company to flop. However, Samsung is still in the game. Kwon’s letter calls for the company to start anew, which is exactly what they need to do to stay afloat.

Of course, creating devices that do not cause injuries and fires will be a start. In addition, new leadership will keep the company relevant and hopefully, revive their reputation.

Natalie is a Staff Writer at The American Genius and co-founded an Austin creative magazine called Almost Real Things. When she is not writing, she spends her time making art, teaching painting classes and confusing people. In addition to pursuing a writing career, Natalie plans on getting her MFA to become a Professor of Fine Art.

Business News

So the Labor Department is cool with unpaid internships again

(BUSINESS NEWS) Regulations on unpaid internships continue to wax and wane, and businesses that opt to use unpaid labor should be aware of new regulations.

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Unpaid internships are a deacreasingly common institution in the United States, with help from former regulatory attempts to make them more difficult to create.

That regulatory oversight might become more relaxed after the Department of Labor (DOL) issued new rules under the Fair Labor Standards Act (FLSA) that governs the role of unpaid internships in the modern American workforce.

Last week, the United States’ labor governing body decided to revise its guidelines on unpaid internships using the concept of a “primary beneficiary test.”

The core principle behind the seven statements that comprise the primary beneficiary test revolves around the idea that the reason you are hiring unpaid interns is for work that provides the intern with the primary benefit (educational opportunities, hands on learning, and networking), not because the company isn’t paying someone else to perform the same activities.

So with these guidelines, there’d be no more call for jokes about interns fetching coffee or making copies. Sounds like a win for the intern, right?

Not exactly.

The guidelines stress, however, that there is no magic quota of yes or no answers that yields the unpaid intern in question has job duties that would require payment. That even includes answering “no” to the statement that reads: “the intern and the employer clearly understand that there is no expectation of compensation.”

Of course, if a company were in violation of these guidelines, especially the one regarding compensation, it would be easier for adjudication to be brought against the company into a court of law. These rules start as the groundwork for any legal action interns can bring against an organization.

The first set of six guidelines were developed in 2010. By 2011, a lawsuit brought by unpaid interns against Fox Searchlight while working Darren Aronofsky feature, Black Swan, claiming the interns were performing job duties in need of compensation (read: they weren’t already paying employees to do the same roles, rather using interns as free labor).

The ruling in 2013 was in favor of the interns, but a different federal court reversed that decision in 2015. It is interesting to note that the revised guidelines published by the DOL only a week ago were derived from the Court’s 2015 decision on this case.

The larger trend of lawsuits brought by unpaid interns may cause a company pause if they reverse decisions about payment of employees.

Despite the judicial onslaught, some organizations may still choose to pursue unpaid internships in light of the relaxation of the guidelines by the DOL.

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Starbucks’ Teavana chain finally settles lawsuit with Simon Property Group

(BUSINESS NEWS) A bitter battle over store closures concludes with private settlement – and Teavana stores are still closing.

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A months-long legal fight between Starbucks’ Teavana and Simon Property Group, the number one mall operator in the U.S., has come to an end with a private settlement that reportedly allows the tea chain to move forward with some of its store closures.

In July 2017, Starbucks unveiled plans to close all 379 retail locations of its floundering Teavana stores.

Shortly thereafter, Simon Property Group got a local judge to bar Starbucks from closing the 77 Teavana locations in its malls, a peculiar legal move for this situation. Starbucks would be breaking its lease agreement with Simon, and Simon wasn’t going to stand for it.

Simon Property Group cited the ongoing financial plights traditional malls have experienced for years as more and more retailers shut their doors as its primary reason for blocking Starbuck’s actions. The difference with Teavana is that Starbucks isn’t under great financial stress and can actually afford to keep the stores open, per court documents.

Starbucks disagreed, but in November, a judge sided with Simon and ordered Starbucks to keep its Teavana stores open and not break dozens of leases nationally. Starbucks fought back with a December appeal, but the case moved up to Indiana’s highest court, bypassing the intermediate Court of Appeals.

And now, before Starbucks’ appeal could be heard, the dueling companies have apparently reached an undisclosed settlement, according to New York Post reports. Exact settlement details have not been revealed, but the Post has found at least two Teavana locations that are closing in just a few days, indicating that settlement may play out in Starbucks’ favor.

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Zillow sued for concealing Zestimates on certain listings

(BUSINESS NEWS) Zillow being sued for Zestimates is nothing new, but they’re now being accused of concealing Zestimates on “Co-Conspirator Broker” listings, violating federal Antitrust laws.

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From our real estate section, The Real Daily:

The latest Zillow legal troubles again surround their Zestimates; this time they are being sued for their Zestimates violating federal Antitrust laws. The company has allegedly violated and continue to violate Section 1 of the Sherman Act, 15 U.S.C. § 1 and the New Jersey Antitrust Act, N.J.S.A. 56:9-3.

Plaintiff, EJ MGT LLC, based in New Jersey, filed suit again Zillow Group Inc. and Zillow Inc. today. In a 21-point legal brief outlining their specific violations, two things become immediately clear (assuming of course there is truth in these allegations): Zillow is giving preferential treatment to preferred brokerages (labeled ‘co-conspirator Broker[s] in the lawsuit) and Zestimates are wildly inaccurate (as many have adamantly stated since Zestimates’ conception).

The first few points of the brief explain exactly what Zillow is being accused of doing: “this antitrust action arises from Zillow’s conspiracy with certain real-estate brokerage companies to selectively conceal ‘Zestimates.’” Zillow’s estimate of a residential property’s “fair market value” which the lawsuit states they know “to be inaccurate,” have allowed “only select brokers to conceal the display of Zestimates on their listings to the exclusion of the general public.”

The lawsuit goes on to state that “these agreements between Zillow and certain co-conspirator brokers of residential real estate restrain trade (read: the agents/brokers being allowed to conceal unwanted Zestimates, henceforth referred to as ‘Co-conspirator Brokers’) and deprive Plaintiff and the public in general of the benefits of open and robust competition in two markets: the residential real estate market and the residential real estate brokerage market.”

In essence, Zillow and the Co-conspirators Brokers have made an illegal agreement regarding the display of Zestimates on Zillow’s site.

Zillow has long touted their Zestimates as a “user-friendly format to promote transparent real-estate markets and allow people to make informed decisions;” except Zestimates are often believed to be inaccurate and now they’re being concealed at the request of a select group of Co-conspirator Brokers – a far cry from making real estate more transparent.

If the lawsuit’s claims have any validity behind them, it seems as though Zillow may be in for a bumpy ride. Item 10 in the suit states, “Zillow has acknowledged that it conceals Zestimates as a result of agreements with only ‘certain brokers’ who receive ‘certain treatment’” and uses a message screenshotted from Zillow’s Help Center as proof these words were in fact used to explain why some listings had prominent Zestimates while others did not:

You may be wondering what brought about this lawsuit; it seems Plaintiff, EJ MGT LLC, owns and is marketing a property located in Cresskill, New Jersey, through an agent unaffiliated with Zillow (not a Co-Conspirator Broker). Therefore, their listing contains a prominently displayed Zestimate, while a similar listing in nearby Alpine, New Jersey, which is listed through a “Co-conspirator Broker,” conceals the Zestimate:

The above example is not the only one outlined in the case, however. Item 12 of the lawsuit states that further evidence can be seen by comparing a residence page for a property while it was listed with a Co-conspirator Broker versus the same residence page once the property was off the market. One clearly conceals the Zestimate, while the latter displays it clearly underneath the listing price.

For reference, the Co-conspirator Broker listing was screenshot on December 26, 2017 and the screenshot after it was taken off the market with the Zestimate was taken on January 2, 2018. Merely a week in between images, and yet the difference of how the ad is displayed is quite apparent:

In essence, Zillow has violated the very transparency they claimed to create.

Zillow is allegedly promoting misleading and inaccurate information while using their marketing power to charge brokers to hide this information which could negatively impact a sale, and which Zillow itself has acknowledged is sometimes inaccurate.

Also, general members of the public have no way to prevent Zillow from obtaining and posting information in this way, and it cannot be altered without hiring a Co-conspirator Broker, as Zillow has explicitly refused to offer the option to hide information to individual home owners, further deepening the dependency on Co-conspirator Brokers.

Because of their alleged refusal to treat everyone equally and “empower homebuyers with information,” they have potentially restrained trade in connection with the exchange of information regarding home valuation and offered anti-competitive benefits to only those brokers chosen to purchase that ‘special’ service package from Zillow that removes Zestimates from listings.

Therefore, brokers are not on even footing: when a seller attempts to price check; the brokers without it could be losing out to those who have the ‘special’ package and removal of Zestimates alongside listing prices.

So far, each individual Co-conspirator Broker has not been named; they have been named as a group: Sotheby’s International Realty, Inc., Coldwell Banker Real Estate LLC, Century 21 Real Estate LLC, The Corcoran Group ERA, and Weichert Realty, according to court documents. It is unlikely that any action would ever impact the brokerages, rather Zillow Group itself.

Zillow is being sued for five counts: two counts of conspiracy to restrain trade, one count of violating the New Jersey Consumer Fraud Act, one count of slander of title/product disparagement, and one count of interference with prospective economic advantage. A jury trial has been requested.

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