Foust Law - November 2020

Foust Law - November 2020

NOVEMBER 2020 THE

COMMUNITY CONSCIENCE SMALL BUSINESS OF THE MONTH: Bozeman Running Company

R unning a small business can be the most challenging and rewarding endeavor we undertake in this country. According to the U.S. Small Business Administration, Montana alone has over 118,000 small businesses. Over 65% of all jobs in Montana come from small businesses, and over 244,000 people in this state get paychecks from small businesses. Although the grind and the challenges of running a small business can sometimes seem overwhelming, we persevere. Each month, Foust Law Office features a local small-business owner who gets up every single day and keeps our state moving. RUN, CASEY, RUN! This month, we feature a Montana native whose passion has become his livelihood. Growing up in Plains, Montana, Casey Jermyn did not initially take to running, as he explains, “I complained a lot.” As he developed a love of running, he began leaving everyone else in the dust.

A top high school runner in Western Montana, Casey was recruited to run at Montana State by legendary coach Dale Kennedy. He ran for the Bobcats from 2001–2005 and even continued running after his collegiate career was over. Casey got into the business when he made one of the best-timed telephone calls you can imagine. Casey called an agency who manages sales representatives for Brooks Running Shoes. He called the same day a current Brooks’ representative gave his notice. “It was perfect timing.” Casey served as a representative for Brooks in the Midwest, and his career in the shoe business was off and running. Over the next several years, Casey visited nearly every single running store from Seattle to Chicago. This process allowed him to see what worked and, more importantly, what did not work. “I think it is important to learn from mistakes other people make.” Casey explained in our Zoom interview. The Bozeman Running Company is better for these lessons. Casey’s work in the Bozeman community does not stop at his store on Main Street. For the past several years, Jermyn has coached the Bozeman High School cross country and track programs. Bozeman High’s cross country program has continued to flourish under Coach Casey’s leadership, winning state, regional, and even national championships.

The Bozeman Running Company sponsors running events throughout Southwestern Montana. Its flagship event, the

Bozeman Marathon, has grown to nearly 2,000 competitors and is a Boston Marathon qualifying event. Bozeman is a better community because it has the Bozeman Running Company. Congratulations to Casey Jermyn, owner of our Business of the Month, the Bozeman Running Company.

- Lucas Foust

406-587-3720 • 1

Ice, Ice, Lawsuit

WOMAN SUES STARBUCKS OVER ‘TOO MUCH ICE’

Sometimes, there is such a thing as “too much ice.” You’re sipping your cold beverage when suddenly, it’s gone far quicker than you expected. All you’re left with is a cup full of ice. It’s disappointing, for sure, but is it so disappointing that you would want to file a lawsuit against the company that supplied the beverage? That’s exactly what Stacy Pincus did in 2016. She ordered an iced coffee from Starbucks, only to find “too much ice” in her drink. The lawsuit, filed in Chicago, alleged that the drink was advertised as a 24-ounce beverage, but once the ice was factored in, Pincus and her lawyers claimed the drink was really only “14 fluid ounces.” “Starbucks’ advertising practices are clearly meant to mislead consumers when combined with the standard practice of filling a cold drink cup with far less liquid than the cup can

hold,” the suit claimed. NBC News reported that Pincus sought damages to the tune of $5 million against the coffee chain. “The plaintiff would not have paid as much,” her lawyers stated in a court document, “if anything, for the cold drinks had she known that they contained less, and in many cases, nearly half as many, fluid ounces than claimed by Starbucks. As a result, the plaintiff suffered injury in fact and lost money or property.” Starbucks’ response: “Our customers understand and expect that ice is an essential component of any ‘iced’ beverage. If a customer is not satisfied with their beverage preparation, we will gladly remake it.” The company also reaffirmed that you can order any iced beverage with “light ice” and receive half the ice normally included.

Interestingly, a second lawsuit against Starbucks popped up in Los Angeles a few months later, but both cases were thrown out. Pincus never saw a cent of that $5 million, nor did she recoup her attorneys’ fees. The case went on to be called “one of the most frivolous lawsuits of 2016.”

IS ‘GLAMPING’ THE PERFECT WINTER GETAWAY?

Cabin Fever has Never Been so Stylish

When COVID-19 struck the U.S., travel restrictions had people canceling their vacation plans left and right. This meant that many would-be vacationers had to find some getaways a little closer to home — namely, camping trips and their fancier cousin, glamping trips. If you haven’t heard of “glamping” before, it’s essentially glamorous camping. You have access to the beautiful, rugged outdoors

glamping lodgings usually still include a wood-burning stove and a nice comfy bed, whether you opt for a log cabin or a specialized glamping tent (sometimes called a yurt). However, some of the more posh options include amenities like fresh linens, private bathrooms and showers, fully stocked kitchenettes, and even TVs. Step 2: Decide how you want to spend your time. Obviously, the point of glamping is to spend time in the great outdoors with winter activities, such as snowshoeing, snowmobiling, and other fun snow activities. However, glamping really shines during the frigid evenings. You can retreat indoors, throw some logs in the stove, prepare some hot cocoa or cider, and just watch the snowfall from your window. There’s no right or wrong way to glamp. All that matters is spending time in the wilderness with all the comforts of home — all while feeling refreshed and at peace.

as well as all the comforts of home. While traditional winter camping certainly wouldn’t be a relaxing getaway for most people, glamping during the winter months can give you access to the peace of the outdoors like you’ve never experienced before without so much as a shiver or sniffle. If you’ve decided to make glamping your go-to method of escape from the cabin fever that besets us all during the cold, dark winter days, you might be thinking: How can I make sure I have the best glamping experience possible? Luckily, there are a few tips and tricks you can apply to any glamping location to ensure that your time away from home is just as relaxing as that Caribbean cruise would have been. Step 1: Decide which kind of lodging you want. Glamping shelters come in all shapes and sizes depending on the level of comfort you desire on your trip. The most rugged

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Build Hours of Entertainment WITH THE PERFECT BLANKET FORT

A fter months spent stuck at home, it’s no surprise your kids are going stir-crazy. Old toys get stale, new toys are expensive, and there’s only so much backyard-adventuring they can do as colder weather moves in. So, how can you keep your kids freshly entertained? Build an excellent blanket fort! Choose the space wisely. A smart fort-building space isn’t always what’s easy or predictable. Living rooms and bedrooms are go-to spots, but take a look around your different rooms and consider how they might provide better building opportunities. For example, your dining room table can provide the support you need to build a massive fort. The long hallway leading to the bedrooms means the fort can have tunnels attached to it. You can even build in the attic, where the fort might not have to be temporary. Go for a space that’s fun and unique, even if it means it’s in your way for just a little while. Build it right. A fort ceiling needs to stay above your kids’ heads where it belongs. They don’t need standing room, but they do need something

they can move through freely. Always remember to counterbalance by using lighter sheets on top and heavier blankets on the bottom to weigh everything down. If you add a blanket to one

side, add a similar blanket to the opposite side. Also attach blankets to stationary items like doorknobs or furniture legs. If you’re stumped, string up a line of rope to serve as the stable center of your fort. Make it comfortable.

If you take the time to construct a fort that has multiple purposes, your kids are less likely to get bored with it. When they’re all played out, encourage some quiet time in the fort with tablets and laptops for

cordless entertainment. String up lights on the ceiling of the fort to provide hands-free light for reading. When it comes to comfort, spare no expense. Couch cushions, pillows, blankets, and sleeping bags are all fair game. You may even get an impromptu nap out of your kids if you do it right.

Forts can be magical places for imagination and hours of entertainment. All it takes is a little creativity and some dedication!

Take a Break!

SINFULLY SWEET BUTTERNUT SQUASH

Inspired by WellPlated.com

This butternut squash, oven-roasted and caramelized to perfection, could almost pass for dessert. You’d never guess it’s a dish loaded with vitamins and antioxidants!

INGREDIENTS

• 1 large butternut squash, peeled, seeded, and cut into 1-inch cubes • 1 1/2 tbsp olive oil • 1 1/2 tbsp maple syrup

• 1 3/4 tsp kosher salt • 3/4 tsp cinnamon • 1/2 tsp black pepper • 1 tbsp fresh rosemary, chopped

DIRECTIONS

1. Preheat oven to 400 F, placing the two oven racks at the top and bottom of the oven. Then grease two baking sheets. 2. In a large bowl, combine squash cubes, olive oil, maple syrup, salt, and spices. Toss to coat, then spread mixture in a single layer over the baking sheets. 3. Place both pans in the oven and bake 15 minutes. Turn the cubes with a spatula and return them to the oven, swapping them to different racks. Continue baking 10–15 minutes until tender. 4. Sprinkle with rosemary and serve!

SOLUTION ON PAGE 4

406-587-3720 • 3

Foust Law Office

PRST STD US POSTAGE PAID BOISE, ID PERMIT 411

www.lucasfoustlaw.com 406-587-3720 Fax: 406-879-4400

3390 South 30th Avenue Bozeman, MT 59718

INSIDE THIS ISSUE Small Business of the Month: Bozeman Running Compnay PAGE 1 Woman Sues Starbucks Over ‘Too Much Ice’ PAGE 2 Is ‘Glamping’ the Perfect Winter Getaway? PAGE 2 Building a Blanket Fort 101 PAGE 3 Take a Break PAGE 3 Sinfully Sweet Butternut Squash PAGE 3 Black Friday: COVID-19 Edition PAGE 4

SOLUTION

BLACK FRIDAY: COVID-19 EDITION How to Turn the Shopping Holiday Into a Stay-at-Home Family Event

A string of retail stores, including JCPenney, Bed Bath & Beyond, Walmart, Target, Kohl’s, and Dick’s Sporting Goods, have declared they won’t be open for the traditional Thanksgiving and/or Black Friday shopping this year. But that doesn’t mean the annual shopping holiday is canceled! If you’re an avid Black Friday shopper, you can keep the tradition going and involve the whole family by using the day to shop online. Here are a few tips to get everyone involved in the fun and turn the holiday into an overnight party. Divide and conquer. Does your whole family love shopping? If they do, it’s time to break out the laptops, cellphones, and tablets. Take the list of items you’re hoping to snag and divide them up so that each person has things to browse for. Then choose a

start time — midnight is always good — and let everyone loose to bargain hunt. While you’re shopping, remember to use store apps, websites like RetailMeNot and Groupon, money-saving browser extensions like Honey, and price- comparison apps like Flipp to score the best deals. Refuel with caffeine. No all-night shopping spree is complete without a coffee run. To keep your family fueled, make sure to stock up on your favorite coffee in advance and set a time for a coffee break. It’s not quite the same as taking a break at the mall’s Starbucks, but it will help you power through the night. For an extra bit of fun, you can even try to recreate your favorite Starbucks drinks at home. ChowHound.com is a great resource for DIY recipes and has hacks for

the caramel frappuccino, pumpkin spice latte, and more. Celebrate with a big breakfast. When you’ve finally dropped the last item into your virtual cart, it’s time to celebrate! Depending on how long your spree took, it might be 3 a.m., or you might be able to see the sunlight peeking through your blinds. Either way, you deserve to reward yourself with breakfast. Try cooking your favorite breakfast foods as a family or, if it’s late enough, order home-delivered pancakes and hashbrowns from your favorite local restaurant. Once you’re stuffed, you can crawl into bed knowing that you had a fantastic family night.

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