Yeargan & Kert - September 2020

Yeargan & Kert - September 2020

THE DEFENSE REPORT

SEPTEMBER 2020

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WHY THE AMERICAN CONSTITUTION IS AN ONGOING EXPERIMENT

“ No experiment can be more interesting than that we are now trying , and which we trust will end in establishing the fact that men may be governed by reason and truth.” –Thomas Jefferson, in a letter to John Tyler Washington. June 28, 1804. Imagine a time where Senate seats used to be left open for months or even years. It wasn’t necessarily what the writers of the Constitution intended to happen, but it did happen, partially because of the system the forefathers designed. Making state legislatures responsible for picking their own senators might’ve worked at the beginning, but time (and plenty of internal conflict) proved that a different solution was needed. The 17th Amendment — which gave citizens the right to vote for their senators — demonstrates that we are responsible for continuing the work of America’s founders to form a more perfect union and to continue to improve our government and Constitution. Today, it might be hard for us to imagine new Constitutional amendments being passed. Two-thirds of both houses of Congress would have to pass a proposed constitutional amendment before it would go to the states for ratification (or approval). Then, three-fourths of the states (at least 38) would have to ratify the amendment. Those challenges aside, the Constitution was designed intentionally to allow for possible changes, and for good reason: American democracy wasn’t a firmly vetted concept.

The forefathers saw the Constitution as part of a democratic experiment, and one they hoped would change with an evolving nation. When the Constitution was ratified in 1788, each state government had their own way of choosing two senators. By the mid-1850s, however, states increasingly struggled to elect senators as problems and political tensions heightened leading up to the Civil War. This often left states and the American people without representation in Congress due to infighting, political gridlock, and corruption. The movement to elect representatives to the Senate through popular vote grew by the early 1900s, and on May 13, 1912, the 17th Amendment was ratified. The amendment changed how elections are conducted, and it altered the procedure for filling vacancies in the Senate. In the case that a senator has to step down for any reason, a governor can assign a temporary senator until the next election is held. This solved the problem of empty seats and made it such that newly

available seats wouldn’t be held hostage to political infighting.

With all of the political division today, as mentioned before, it might be tough to imagine what the next ratified amendment would look like, or how it’d ever be passed. Yet, I think one of the best things we can do as citizens is reread the Constitution once in a while, which might sound easy for me to say as an attorney. But Sept. 17 is Constitution Day. As a living document that continues to be the foundation for our changing nation, I think it’s worth revisiting. I hope I helped you learn a little more about it and the 17th Amendment today.

Happy Constitution Day!

–Jim Yeargan

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PAM MARMON’ S OUTLINE FOR EFFECTIVE POST-PANDEMIC TRANSFORMATION CHANGE CAN BE EASY

Pam Marmon understands what it means to adapt. After growing up in Bulgaria, Marmon had to modify her way of living when she emigrated to the U.S. Today, she’s a CEO, entrepreneur, wife, and mother who believes that change doesn’t have to be difficult. In fact, she’s mastered it. Marmon has even established a company, Marmon Consulting, that helps other companies develop strategies for executing transformation. In Marmon’s book, “No One’s Listening and It’s Your Fault: Get Your Message Heard

searching for proactive solutions and the next step in finding post- pandemic success. Marmon’s book is the perfect guide for business leaders who recognize the need for tangible change and want to execute it as effectively as possible. The key, Marmon explains, is to identify your company’s culture and cater your plan’s language to suit what will resonate with your employees the most. This will establish a sense of alignment with your business’s vision and direction, which can be one of the biggest hurdles to overcome. You cannot achieve success in a period of change if your team is doubtful and unwilling. With your company united toward your vision, you can begin to enact real change. However, this is only the beginning. Marmon’s book also outlines how to connect with fellow leaders in your company to develop a framework for growth. By creating a stable foundation and inspiring change, you’ll find this time of major transition to be much smoother than you may have anticipated. As a result, your company will come out on top at the end of the COVID-19 era. Marmon’s mantra is inspiring: “With the proper process, change is not hard.” And with her book, “No One’s Listening and It’s Your Fault,” business leaders can see just how simple change can be.

During Organizational Transformations,” she outlines her proven methods for effective communication in any company setting, from a major corporation to a family business. Released on March 24, 2020, Marmon’s advice is timely in a period when many business owners are

Wait … Video Game Law Is a Thing?

HAPPY NATIONAL VIDEO GAME DAY!

game creators) that just want their games published and seen by the world.

parts should the studio further develop? The problem is, without a properly drafted privacy policy and terms of service agreement, studios can be in serious trouble when trying to answer these questions. And, as the gaming industry progresses, it’s becoming cheaper and cheaper to create new games and begin a studio. However, many video game startups don’t even consider getting a lawyer. They may not be against the idea, but it doesn’t even cross their minds. This makes it even easier to prey on new gaming startups. That’s a little bit about the world of video game law. From everyone at Yeargan & Kert, we hope you enjoy National Video Game Day on Sept. 12 this year!

In a world where Candy Crush Saga tried to trademark the word “saga,” how do you navigate the gaming industry, legally speaking? That’s what video game law is all about. Video game law often focuses on contract language or arguing for office action from the U.S. Patent and Trademark Office. But one of the biggest differences between video game lawyers and generic entertainment lawyers is that video games demand different priorities than other forms of entertainment because of their context. Video games often rely on tracking user >Page 1 Page 2 Page 3 Page 4

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