After several years as an Assistant U.S. Attorney in Manhattan, Bharara made a move that surprised many. That was to become an aide to Chuck Schumer.
At the time, the Democrat chaired the Judiciary Committee's oversight subcommittee. That U.S. Senator loved media attention. Bharara had a golden gut for generating it.
For example, reports Toobin, he composed the questions Schumer would ask that would set off the electric current. The topics were provocative. The wording was in perfect soundbites. This was no amateur hour.
Obviously, as U.S. Attorney for the Southern District, Baharara leverages that same sense of choosing targets which the media will pay attention to. Those range from corruption on Wall Street to street gangs.
The ambitious, no matter what their career path, have to develop those same kinds of media instincts. Or hire public relations pros who can advise on what niches to focus on and how to position and package the outcomes.
It's Nick Bilton's take in Vanity Fair that it was the tech media which created the phenomenon of Theranos' Elizabeth Holmes. She was framed as the younger, female version of game-changer Steve Jobs. With her finger-prick technology and lower costs Holmes was going to blow up the established lab testing industry in the U.S.
In Politico, Nolan McCaskill attributes the success of presidential candidate, Trump, to his insight into what the media want. And, that's total access. He didn't play coy. He was always there for those needing headline-grabbing content. So what that the interviews he gave and the rallies he conducted weren't heavy on policy. That's not what the media are about.
However, as Gawker learned, the game has to played with caution. It seemed to ignore ethics and points of law in the service of clickbait. According to jurors in "Hulk Hogan v. Gawker," it crossed the line from maxing attention to invading privacy. There was one $140 million jury verdict. More recently, Hogan has filed yet another lawsuit.
It could be that the leadership at Gawker, including Nick Denton, isn't as shrewd in playing the media game as Bharara and Trump.
Student at Southern Utah University, Samantha Niemann, has filed a lawsuit against the Getty Foundation.
She claims that she was turned down for an internship there because she is white. The internship is reserved for minorities, ranging from Asians to Native Americans. Here is the coverage from the Daily Mail.
Discrimination against whites litigation is, of course, nothing new. The term "reverse discrimination" entered the national vocabulary in the famous Allan Bakke case. He contended a California medical school denied him admission twice because he was white. The U.S. Supreme Court ruled that racial quotas were unconstitutional but affirmative action was not.
"After two months of being stonewalled by Theranos... [John] Carreyrou told me an entourage of lawyers ... led by David Boies [entered the offices of The Wall Street Journal] ... Boies and his team threatened legal action against the paper, accusing it of being in possession of 'proprietary information' and 'trade secrets.'" - Nick Bilton, "The Secret Culprit in the Theranos Mess," Vanity Fair, May 2,2016. Here is the article.
Well, those legal spear carriers headed by superlawyer, David Boies, huffed and puffed for about five hours at The Wall Street Journal. But they couldn't stop John Carreyrou from investigating Thernanos. For four months after that, Carreyrou tried to interview Theranos' head, Elizabeth Holmes. No dice.
Then in October 2015, that now-famous explosive expose was published in The Wall Street Journal. It questioned Holmes' contentions about the finger-prick technology - and more. What shouldn't surprise those understanding herd instinct, many other media properties turned on Holmes. That was after anointing her the female Steve Jobs.
Since that story broke, there have been regulatory action and criminal investigations by the feds and SEC. Boies still publicly stands by Theranos. And in the court of public opinion, Holmes is being positioned and packaged as a victim. After all, she is trying to disrupt the establishment lab-testing industry.
But, Bilton's target is not Boies or lawyers in general. He blames the tech media for creating the mythology of Holmes the young genius. The unraveling begun, reports Bilton, when Carreyrou read an article on Theranos by Ken Auletta in The New Yorker. Auletta's tone was skeptical. Carreyrou got wondering ...
Bilton's description of the Boies' attempted intervention is interesting, of course. But, more to the point is the power of members of the tech media. They can influence funding, the stock price, consumer acceptance of a technology and who gets crucified in the court of public opinion.
However, most of us don't know tech. Sure, we can do own our sleuthing about this technology and that technology and try to connect the dots. More likely we rely on what the tech media publish. The question is: Will the Vanity Fair article make us skeptical of what we read in the tech media? Time will tell.
On Facebook, lawyer-reporter at Abovethelaw.com, Elie Mystal told us he was off on a vacation with his two small sons. Of course, things started out all wrong with the screwed-up airline schedule. After that, we really didn't want to hear much more. We Knew.
Well, the journey of male bonding is complete. On Facebook, Mystal shares with us that it was no vacation. He sounds eager to return to the usual routine and daily journalism.
We are glad to have Mystal back. His shoot-from-the-hip analysis of the business of law and law school seemed to loosen up all legal reporting.
But the amazing thing about Abovethelaw.com, is that each lawyer-reporter has a unique voice. Only Mystal's, like that of Roger Ailes at Fox, is the loudest voice in the room.
Some employees without children frame paid maternity leave as unfair. When I was employed by the Fortune 100, I also perceived an injustice. But, at the time, no employee said much, not even in private among co-workers, about any company policies. That was then.
Now, it's an issue debated in public. One loud voice was that of Meghann Fox. And, influential Salon ran with that. Its stance is that all employees should have time off to, well, recharge.
And, now as a pet parent of a rescue who was difficult, my beef is not with maternity leave for parents of human children. Rather it is the realization that pet parents should also have paid time off to be home with their new animal companion. The adjustment for the animal can be brutal.
I am not an oddball thinking that way. In the New York Post, Lindsey Putnam argues for what in the UK is called "paw-ternity" leave. And, yes, the UK already has implemented it.
When Putnam adopted her rescue cat, he had been through physical and emotional hell. He needed her.
That story line gets played out often. Probably more discarded animals would be adopted if the potential pet parents knew there would be paid time off the job to nurture the traumatized animal. How much? Experts in the human-animal bond would have to research that for employers.
Because I am self-employed, I had the flexibility to help my rescue back to physical and emotional well-being. Many others don't have that option. They pick up their rescue on Saturday at the shelter and nurture until Monday A.M. Of course, they are preoccupied with how their animal companion is faring, without their living attention.
My hunch is that, in America, it will take litigation for "pas-ternity" leave to become standard in the workplace. A new pet parent will contend having to go to work and leaving their troubled adopted four-footer at home harmed them as well as the animal companion. Lawyers wanting to create brandnames for themselves will likely take those cases.