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San Diego vs Sandicor: two years in the making

(CORPORATE NEWS) A lawsuit between San Diego area real estate associations and a local MLS, Sandicor, that started in 2016 is finally seeing some progress.

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Alphabet soup

The fight for the fate of an MLS in Southern California is still plodding along, albeit slowly.

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If you’ll recall, the North San Diego County Association of Realtors (NSDCAR) and the Pacific Southwest Association of Realtors (PSAR) are suing the Greater San Diego Association of Realtors (GSDAR) to terminate Sandicor’s status as a legal entity.

Long time coming

Based on some court documentation, after a motion hearing that lasted most of 2016, the case is set to go to trial on September 11, 2018. Additionally, the case is soon poised to enter the discovery phase; a motion for discovery was filed on August 18.

Sandicor is a regional MLS provider owned by the three aforementioned realtor associations.

Back in January, GSDAR sued the other two associations on eleven charges, all with an anti-trust angle to them. According to the plaintiff, the other two associations used their majority hold of the Sandicor board to cut off data access in violation of contracts and pushed the other association out of Sandicor decisions. In that time, the NSDCAR president suggested that GSDAR wasn’t cooperating with attempts to improve the Sandicor system.

Alternatives

A few alternative solutions have been proposed to the dissolution of the regional MLS. GSDAR filed a motion in October asking the court to let them buy out the other stakeholders. Sandicor also filed a motion claiming that the other two stakeholders do not have legal grounds to dissolve the MLS.

Both the PSAR and the NSDCAR filed a motion to dismiss part of the charges against them, but the judge denied that claim.

This means that NSDCAR and PSAR will have to answer for all eleven anti-trust complaints. In March of this year, a motion to continue was filed. An early resolution conference held in March attempted to settle the matter outside of trial, but the conference failed to resolve the issue.

Case details

In the case, the San Diego Association of Realtors is represented by three lawyers, all from Higgs, Fletcher and Mack. The North San Diego County Association of Realtors and the Pacific Southwest Association of Realtors, two defendants in the case, are represented by Procopio, Cory, Hargreaves and Savitch, LLP.

#CaliforniaDrama

Born in Boston and raised in California, Connor arrived in Texas for college and was (lovingly) ensnared by southern hospitality and copious helpings of queso. As an SEO professional, he lives and breathes online marketing and its impact on businesses. His loves include disc-related sports, a pint of a top-notch craft beer, historical non-fiction novels, and Austin's live music scene.

Real Estate Corporate

JPMorgan hurries to open and already has a case of COVID-19

(BUSINESS NEWS) JPMorgan has been eager to return employees to their office. But reopening has already resulted in a COVID-positive employee, raising staff concerns.

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JPMorgan interior office, hoping to return to normal.

JPMorgan’s New York branch is suffering reopening setbacks after a newly-returned employee already tested positive for COVID-19. After nearly six months of working at home, the company is eager to get workers back into the physical office and set a hard September 21st deadline for equity traders and senior management. In a report by Bloomberg, at least one unidentified worker has tested positive for the virus on the fifth floor of the 383 Madison Ave. building last week.

This case merely reflects the massive challenges facing companies across the world as workers are asked to return to office spaces. Some offices buildings are getting the coronavirus renovation treatment à la touch-less doors and faucets, improved air ventilation systems, and wet wipes and hand sanitizer galore. But the risk of exposure is never zero.

JPMorgan is one of the few banks putting pressure on reopening. Over this summer Chief Executive Officer Jamie Dimon has voiced concerns about the ramifications of extending remote work. He recently told Keefe, Bruyette & Woods analysts that productivity has slipped as employees work from home, with output primarily affected on Mondays and Fridays. He’s advocated for the government cautiously reopening cities in order to improve the economy.

Rightly, employees are concerned about their safety over the company incentive to bring back their pre-pandemic profits in-office. JPMorgan’s aggressive strategy is quite different from American Express. They hold about as much presence in NYC, and are allowing all its employees to work remotely until July 2021.

JPMorgan spokesman Brain Marchiony declined to to say how many workers tested positive this week though he said the company is “is following appropriate protocols when they occur.” Marchiony did not comment on whether the push to reopen would continue, or what percentage of employees were working in branch offices.

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Real Estate Corporate

Zillow hit with double whammy discrimination allegations

(CORPORATE) Zillow is facing new allegations of discrimination between employees based on their gender and how unequally they were treated during a crisis.

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Zillow discrimination suit

We can all agree that violating the Americans with Disabilities Act makes you a capital D D-bag, right?

When a company (or CITY – looking at you, every tilted, rampless sidewalk in Austin) refuses to build accessibility, accommodations, and human GD dignity into their physical, corporate, and digital infrastructure, not only are they breaking the law, they’re being a bunch of unwiped butts.

Today, it looks as though my favoritest real estate site, Zillow, stands accused of being among that skidmark-leaving number.

Now because I’m too cute for defamation suits, I need to be 100%, crystal clear, like clear enough for a bird to fly into it, that Zillow has not been found guilty of anything. We’re going to report on the allegations and the suit brought against the company, but until Zillow gets their day in court, neither this esteemed publication nor I myself can say what definitely did or didn’t happen.

Said allegations are being brought against Zillow by Mr. Michael Cerce, and they’re as such:

Jane Doe at Zillow had her phone stolen, and was being harassed by someone awful, who also made mention of Mr. Cerce in their threats. Zillow stepped up and offered her protection with a security detail, all the days off she needed and… asking Mr. Cerce to step into danger for her.

Mr. Cerce further alleges that while Jane Doe rightly got paid days off to deal with her trauma, he wasn’t afforded the same resources, having his time off requests to take care of his mental health denied, having his concerns about company security dismissed, and not being afforded his commission payments during a leave of absence related to the stalking.

It might actually behoove me to say “the assumed stalking” though, as Mr. Cerce has come to believe he may have been collateral or intentional damage in a hoax perpetrated by Jane Doe.

So. Allegedly. Mr. Cerce was, I repeat ALLEGEDLY, discriminated against on the basis of disability as he was diagnosed with PTSD during counseling related to these allegations, as well as on the basis of sex as he claims a female employee was treated with more respect during similar travails.

To paraphrase the kids these days,  that’s effed up if true.

It should be obvious, but because I know it’s not, I’ll say it anyway. Someone’s being a man doesn’t mean that said someone comes automatically equipped to shrug off being stalked, threatened, harassed, and denied opportunities for healing from an ordeal.

Furthermore, not all disabilities are easily visible, though according to witnesses named in the suit, Mr. Cerce was noticeably distressed for days at a time.

If the allegations are found to be true in a court of law, then Zillow’s got a pretty serious deal on its hands, and we’ll have more as the story develops.

No matter how things shake out in court, ideally, public spotlight of the case will lead more folks of the gentlemanly persuasion to continue standing up against ACTUAL unfair treatment regarding their physical safety and mental health.

Fingers crossed (and Covid triple washed) for justice.

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Real Estate Corporate

Zillow’s patent game is strong – they just got 3 for IBM’s creations

(CORPORATE NEWS) This company was just granted not 1 patent but 3 on tech more than twice their age! What does it mean for you? Nothing good…

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Welp. They did it.

We’ve been watching Zillow for some time now, and in the midst of even the strongest of OP Eds saying how terrible an idea it is, Uncle Sam officially handed them multiple patent keys to tech they didn’t invent.

How big do you have to be before you can clout jack with this much impunity?

I’m used to seeing this with small artists. Forever21’s Etsy spies find a cute, simple design, maybe do the work to alter the pallate a smidgen and rely on the ‘Matilda’s Dad’ strategy of “I’m smart, you’re dumb, I’m big, you’re little, I’m right, you’re wrong, and our lawyers will argue the same, peasant’.

But with technology, you can literally trace the code back to a source. It’s not like using teeth as a motif, it’s real, it’s definite, and it’s definitely really shocking that the government signed off on this.

Zillow’s not exactly startup sized, they’ve been in business since 2004. They’re a big name. Their competition probably can’t muscle their way in and out like they can. Matter fact, a company you may have heard of fighting them on patents has only been doing their doings since…wait, since 1911. Must be a tiny outfit, that was in some other business for over a century right?

It’s IBM.

What le freaque?

We all need to be concerned about this level of government sanctioned patent jacking, no matter what field we’re in.

I’ve heard before that if you’re just starting out, and low on funds, paying for your inventory and manpower are more important than filing anything with the government. Now we’ve got fresh, bloody proof that that’s 100% not true.

Your or your company’s intellectual property can be deeded off with a factor no more elaborate than whether the patent office likes your face that day, regardless of what kind of trail you’ve left, and as far as being run into the ground or laid off goes, that’s hardly a non-factor.

This decision represents a higher financial barrier to entry for everyone from Amazon entrepreneurs to realtors daring to use tech as basic as texting in their business.

Yes, literally.

Zillow’s patents, condensed for readability, are on:

Taking panoramic images for 3D walkthroughs

Multi-criteria search engines

And superimposing images scaled for size onto an area of land

Do all of those sound familiar? They should. We’ve been using that tech for years. And Zillow’s no Microsoft.

As always, we’ll have to see how this plays out. But if your New Year’s resolution was to take more bold steps in your business, maybe see if you can patent the idea of putting your picture in your email signature?

Apparently it couldn’t hurt.

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