Law And More

"Capitalism" - Pols flock to see it, may get White House screening

Politicians are survivors and so they are among the first who pick up on trends.  Since The Crash and the joblessness that won't budge down, they got it that folks are attacking how the economic system operates.  Being seen earnestly viewing Michael Moore's "Capitalism: A Love Affair" is a shrewd move for them to make.  And they can certainly use the phrases as soundbites. 

So they are flocking to the movie by a director they previously scorned as blowhard and menace.  In Politico.com Kiki Ryan reports that both politicians in the film [Cummings, Kaptur, Hill] and those who aren't [Harkin, Conyers, Grayson, Sanchez] were booked to attend the opening last night.  You bet many others will follow and have their aides form a conga line to movie houses.

Moore's agent Ari Emanuel, who is Chief of Staff Rahm Emanuel's brother, Ryan goes on to say, indicates there could be a White House screening.  

S&Cgate - Chronicled as Creative Nonfiction

Those of us focused on stylistics know that the best of digital leverages the approach of "Creative Nonfiction."  That pompous sounding mouthful is hardly that.  It applies the traditional techniques of fiction to expository prose.  They include dialogue, drama, storytelling, creating setting and more.  And those who have mastered all this have their career options wide open in the mashup the communications world has mutated into and will continue to take wild turns.

That's why I predict great things for our trusty Abovethelaw.com reporter Elie Mystal.  Take how he lays out S&Cgate.  It screams that this lad is off to better things, e.g. scriptwriting for what will morph into the next Hollywood or penning what will replace The Great American Novel.

As we all know by now,  thanks to Mystal, S&Cgate is that high noon shootout between Sullivan & Crowell and Harvard Law School Assistant Dean for Career Services Mark Weber.  The triggering event, never really important in these nothings which blow up into monster news, is: "Without the knowledge of the general public, the law firm Sullivan & Cromwell told 2Ls interviewing with the firm that it would disregard the 45 day waiting period for holding open offers.  Instead the firm would expect a decision in just two weeks."  Weber and his posse communicated to S&C: Try that here and you won't be recruiting at HLS this year.  Oh, the drama.  And the reality or fantasy that the stiffs at S&C have rushed into their heavily-wooded conference room to "manage" this.

Law needed a fresh -gate.  Mystal did it justice.  Here is my early wandering from buttoned-down aka boring traditional exposition to creative nonfiction Download SavingSoulsJaneGenova.  But essentially I'm stuck in Baby Boomer activist performance art.  I'm heading with a few signs to mau-mau outside of S&C: "MORE TIME FOR 2LS."

The Trial - Just one way to heal, maybe not the best

The film "Out of the Poison Tree" explores how a country, families and individuals recover from great wrong-doing. 

In this documentary by Beth Pielert about the Khmer Rouge murder of 1.7 million people there is no central thesis about how to heal.  The story line follows a woman who journeys from where she emigrated to in America back to Cambodia.  She wants to find out what happened to a father, who had been a village leader at the time of the genocide.   However, the film isn't configured to present her feelings and values as the dominant point of view.

One young adult, whose parents the Khmer Rouge killed, says he wants to just forget all about it.  Otherwise his anger will explode into generations of more killings.  A school girl wants the trial of the Khmer Rouge leaders, which is backed by the United Nations, to take place. She lost her grandparents in those killing fields.  A village somebody sees a trial as a way of educating the world that such evil is possible.  Maybe that could prevent it in the future.

Following the screening of "Out of the Poison Tree" at the New Haven Public Library last night, Gail Ostrow led a discussion.  It was obvious that each person has to struggle to find a way to heal from injustice and to interpret what it means to be human.  This might be a useful documentary for tort reformers in the U.S. to bring on the road to generate a conversation. 

The film can be ordered here and is available through the usual distributors.

"Law Firms" - Doing a Michael Moore, with nothing more to lose

Michael Moore's next expose is "Capitalism: A Love Story."  That roly-poly film-maker has been around forever, is rich, influential, and powerful. 

His secret to sustained success?  My hunch is that this unmade-bed of a person figured he had nothing to lose.  He didn't care.  As the old adage goes among urban police, the most dangerous person is a situation is the one who just doesn't care.  So, Moore blew up all sacred cows in the way he went about taking a look at the auto industry.  The result was "Roger and Me."  The world paid attention.  Liberals embraced him.  Conservations avoided him, especially when he chased after them with a camera.

Today's unemployed lawyers are more or less in the same boat Moore was in when he dared to do "Roger and Me."  It's unlikely you will get another good job practicing law or even a good job in any field.  That's not how the labor market operates these days.  So, consider teaming up with one another and making the documentary "Law Firm."  You know the game.  Now the world will also.

Roger Williams Law School - Oughta Been in Pictures, Now It Is

     Two Roger Williams Law School JDs featured in film "The Betty Anne Waters Story."

Roger Williams Law School, based in Rhode Island, is one of those unique institutions with reach, extreme accessibility, and public service.   For example, when live-blogging the RI lead paint public nuisance trial II and its subsequent hearings, I became familiar with the School and some of its alumni. Good thing.  For a cover story on the Millennials in GREENTREE GAZETTE, I needed a legal expert to go on the record.  Roger Williams University's General Counsel Richard Avery stepped right up to the plate.  Here's that article, which had a record number of reprints Download 0611_FRAGILEGEN.

So, it's always been my hunch that Roger Williams Law School was going to become embedded in the hearts and minds of not only RI but also the nation.  Maybe the world.  I was right. 

Two of its JDs are featured in the upcoming film titled "The Betty Anne Waters Story," starring Hillary Swank.  There's more.  The story is associated with the hot Innocence Project. One more thing:  One of the JDs, the title character played by Swank, was a high-school drop out.  After her brother Kenny was falsely convicted of a horrific murder in Ayer, Massachusetts, Walters studied for her GED, put herself through college, and then enrolled in Roger Williams Law School.  Her motivation was freeing Kenny. 

At Roger Williams Law School, Waters met up with a kindred soul Abra Rice, now a public defender here in New Haven, Connecticut.  Together, by March 2001, reports Betsy Yagla in THE NEW HAVEN ADVOCATE, they managed to prove Kenny innocent after 18 years in prison.  In addition, Waters sued Ayer for wrongful imprisonment and withholding evidence.  In July, Ayer settled the lawsuit for $3.4 million.

The story does have a tragic ending.  Six months after his release, Yagla tells us, Kenny Waters fell, hit his head, and died.  There's also an ironic twist.  Water has returned to her job before beginning her education: Managing a pub.

Truck w/o license plate parked in Pfizer whistleblower's driveway - A movie in this

If this is proved to be true, then there's a blockbuster movie in it. 

Allegedly, key plaintiff witness David Franklin, along with his family, was harassed by investigators contracted by defendant Pfizer.  The litigation concerned anti-seizure drug Neurontin which has been alleged to present a suicide risk through its off-label marketing of the medication.  This particular suit, brought by the family of Susan Bulger, is the first of about 1200 other product liability ones related to Neurontin and suicide potential. Bulger committed suicide when using Neurontin. The family is represented by Mark Lanier.

Among other contentions, Franklin reports that at his home "a truck without a front license plate blocking his driveway, and a man speaking on a cell phone, pacing back and forth."  He was shaken up and remains shaken up.

Is there a correlation or cause-effect relationship between this seeming intimidation of a whistleblower in the Neurontrin trial and the fact that, as Susan Beck reports in THE AMERICAN LAWYER, "the trial abruptly ended with the plaintiffs agreeing to dismiss their case with prejudice."  Beck adds that the judge in the case Patti Saris of Boston federal district court has issued a restraining order.  Pfizer as well as any investigators associated with it are to refrain from contacting Franklin and his family.

As for Pfizer, its investigator denies any intent to intimidate and requests that the Judge Saris lift the restraining order. It contends the plaintiff exaggerated the incident in order to create negative media attention.  The pharmaceutical firm is represented by Skadden Arps.

With health-care reform on the table, the timing for this allegation could hardly be worse. The industry can be portrayed as seemingly reckless in marketing its products for uses not yet approved. 

Post-Mia Era, Is Woody's Image Worth $10 Million?

From reading the claims and counterclaims in Woody Allen's lawsuit against American Apparel, it seems that the jury will be deciding how much is the film-maker's image worth, that is, post-Mia Era.  Before that scandal - and it was a whopper with a half life that goes on and on - Allen was golden.  Now?

That's what the trial will likely come down to as it plays out in federal district court starting Monday.  As Ben Hallman reports in THE AMERICAN LAWYER, Allen sued, "after the company [American Apparel] ran online and billboard ads featuring photos of the famed actor and director dressed as an orthodox Jews from his 1977 move 'Annie Hall.'"  Allen wants $10 million.  American Apparel contends his image is no longer worth that.  Anyway, predicts Hallman, it will probably argue First Amendment rights at the trial.   I don't expect that to fly. After all, it did use his image in a commercial context without his permission.

Pre-trial there has been Page Six-type coverage of the possibility of the defendants calling Mia et al. to the stand.  They could document his fall from grace in terms of public opinion.  The latest was that Allen's lawyers nixed that.

World On Edge: High EI Must-Have

New School University President Bob Kerrey may become yet another victim of frayed nerves.  Yesterday, senior faculty, report Marc Santora and Lisa W. Foderaro in THE NEW YORK TIMES, gave him a vote of no-confidence.  The vote was backed by 74 senior tenured professors.  Two opposed. One abstained.  This vote could put the muscle on the board of directors to can Kerrey. 

Like Larry Summers who was ousted from Harvard, Kerrey seems to have low Emotional Intelligence [EI].  Actually Kerrey even admits "ruffling feathers."  Faculty and some other administrators found Kerrey to be autocratic and impulsive.

In more stable times, high EI could lead to leadership positions.  Now it's a must-have even to snag and hold onto a survival job. Here is my [free] e-book about boosting EI at work and in our own businesses Download CUsersjasneDocumentsjg.

"Market's like movie 'War Games,'" Opines Wall St Expert, S-W Shareholder

So, what should we make of that 7552.29?

That's what I asked our Wall Street Expert, Sherwin-Williams's shareholder, and lead paint watcher.  Here's what he said:

"Jane, it's like the movie 'War Games' when the Whopper Computer finally figured out the ultimate scenario of the game 'thermo nuclear war.'  The only way to win is not to play.

"I think the feeling is if I don't play I can't lose money, instead of if I can't play I can't make money.'

"To Kill a Mockingbird" - Sweet Anachronism, replaced by aging's legal battle for dignity, work

Last night my baby boomer friends and I saw "To Kill a Mockingbird."  We were just as inspired as we had been years ago. 

That pull on our ideals and heart came from the reality that so much of the legal drama is an anachronism.  Sure there are injustices against people of color in the legal system but not quite that kind or that blatant.  The battle fought by Atticus Finch in that pressure-cooker of a court room and outside the jail in front of a mob has been won by a biracial man who figured he could become President and did it.

Is there an analogue of "To Kill a Mockingbird" for our era? Of course.  It's the escalating tragedy of aging baby boomers being out-of-work. We did nothing wrong except reach a chronlogical number that the powers-that-be in professional services as well as corporate have labeled "Verboten." 

Sooner than later there will be Clint Eastwood staring in a film, representing the plaintiffs in a class-action age-discrimination lawsuit against their former employers.  Warren, Rupert, and Cloris will pop in for cameo spots. Our stories will be told.

Until that battle is won - and it will be won - those suffering career-interrupted might obtain some insight on how to move on.  Here's my [free] e-book on coming back, no matter what, including our age Download geezerguts.pdf. 

At the top of the list of inspiring reads [prepare for water-works] is Michael Gill's "Starbucks Saved My Life."  Others include Steve Jobs's Stanford Commencement Speech "Stay Hungry, Stay Foolish," and T. Boone Pickens's "The First Billion is the Hardest."