Law And More

Okay, We Can Now Rule Out Returning to Jones Day for Megyn Kelly

Let's cut to the chase.

With 4.06 million tuning into her first interview since parting way with NBC, Megyn Kelly is well on her way to a comeback. Here are more details from Mediaite. 

That interview happened on Fox with Tucker Carlson.

So, those starting to connect the dots on Kelly's Next see a possible return of Kelly to Fox. She can parachute in for the analysis of the dynamics of the 2020 Election.

But Fox is only one option.

The Hollywood Reporter noted that Shari Redstone has also been talking with Kelly. If the merger of Viacom and CBS goes through Redstone could launch a conservative channel to compete with Fox. It would create new kind of value in conservative broadcasting by adding streaming.

These developments put the kibosh on any fantasy that Kelly could bounce back to her original career path. That had been practicing law at BigLaw firm Jones Day. In her book "Settle for More," she recalls the too-long hours. On the way driving to the firm she would daydream about breaking her arm and not having to do "it" (being a law associate) for a few weeks.

America is the nation of many chances. This blog wishes Kelly the best in her third shot at finding a sustainable fit in a job. 

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Jones Day - Hit with More Bad Press about Alleged Bad Behavior toward Female Lawyers

Again, there are headlines in the legal media about alleged misconduct toward female lawyers at Jones Day.

Those allegations grabbing the major coverage primarily have been focused on gender bias in compensation and upper mobility. In "Tolton et al. v Jones Day," superlawfirm in the employment discrimination lawsuit space Sanford Heisler Sharp is representing the plaintiffs. 

Now, thanks to Law.com, the news has moved to an alleged epidemic of inappropriate sexual behavior in the London office. Legal Week had conducted an investigation.

So, again the culture of Jones Day, once a black box, has been pried open for at least a peek. 

Sure, Jones Day is a useful credential on a resume. After all, former Fox News star Megyn Kelly (now struggling for a comeback) started out her career at Jones Day. Also, she had enough of a legal mindset to oversee a whopper of a good-bye package from NBC when her two shows didn't pan out.

However, with all this negative press about what females have to allegedly endure to get that resume plus, female members of the Class of 2020 might not apply for positions.

Also, laterals with a book of business might just smirk at what's allegedly going on at Jones Day and tell the recruiter "Anywhere but Jones Day."

Meanwhile, Abovethelaw superjournalist Joe Patrice continues to track, analyze, and interpret the unique goings-on at Jones Day.

Iconic has been his article on how Jones Day had been leveraging its ties to the Trump Administration seemingly for new business development. We look to Patrice for insight on the possible and actual impacts of the impeachment process on the Jones Day brand. 

In terms of drama, Jones Day is the perfect story for a television network special on how the law firm is positioning and packaging itself in the post-#MeToo era. The producer could call in Patrice for commentary.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Defamation Trial Against Alan Dershowitz Moves Forward, But Boies Schiller Flexner Removed

Former Harvard Law Professor Alan Dershowitz had a big win with U.S. Judge Loretta Preska. But there was also a major setback. Here are more details from the media.

In Virginia Roberts Giuffre's defamation lawsuit against Dershowitz, the Judge ruled that powerful law firm Boies Schiller Flexner would be removed from representing the plaintiff. That law firm is not one any lawyer wants to be opposing.

The reason for removing them from the case was that members of that law firm could be called as witnesses.

Often in photo ops of the plaintiff superlawyer David Boies had a presence. That added to the sensationalism embedded in this litigation.

The bad news for Dershowitz is that the lawsuit can move to trial. Among his arguments had been that the statute of limitations has passed.

That means he will featured in a very different role in court.  

After Giuffre claimed that she was forced by Jeffrey Epstein to have sex with Dershowitz, he called her, in public, a "serial perjurer" and a "serial liar."

If this dispute does make it to the courtroom - many don't - it's has all the elements members of the legal media love to capture for their followers - in long form, tweets, and video. Could this make it to "Court TV" and coverage by Dan Abrams on ABC evening news?

However, an obstacle in the courtroom drama going high profile is that it won't be the clash of the titans. Boies has been written out of the lawyer-role scene. Media runs on theatre. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Elijah Cummings Leaves Much Unfinished Work on House Oversight and Reform Committee

It's one of the signature stories associated with Elijah Cummings. As AP recounts at his death, in grade school the counselor essentially told him that he would never amount to anything. That included his dream of becoming a lawyer.

That fired his determination.

As the world knows, Cummings went way beyond that. He had been able to master the complex game of power. At his death he had headed the House Oversight and Reform Committee. In addition, he made the needs of the poor his political business. U.S. Donald Trump has referred to those constituents as residing in a "roach-infested mess."

Cummings' Committee was one of those involved in the presidential impeachment inquiry. He leaves behind, of course, much unfinished work. His passing puts the burden on others to take up the cause of preserving what has been best about America. 

 

Has Megyn Kelly Made NDAs an Issue at NBC, as Vanina Guerrero Did Mandatory Arbitration at DLA Piper?

Hollywood Reporter noted that sources said Shari Redstone has talked with Megyn Kelly.

It was about a possible role in a conservative channel, if and when Viacom and CBS merge, to compete with Fox. Its edge would be that it facilitated streaming. Earlier, some media had reported that Roger Ailes, after being ousted from Fox and before dying from an accident, was also planning to launch a Fox competitor.

Yes, Fox is a a target among the ambitious. And it was on Fox, with its unique format, that Kelly had thrived.

So, there is a possibility that she could orchestrate a roaring comeback.

Confirmation that she's ready to put that together was her interview on Fox with Tucker Carlson. You bet, media such as the Daily Mail gave it plenty of coverage.

In the beginning of the interview she was stiff. That showed that the kind of skills she had at Fox atrophied. Soon, though, she got into her game.

It pays to attack, that's the mode of conversation on Fox.

And that she did.

The targets ranged from anti-Trump liberals to NBC keeping alleged sexually abused employees bound to the non-disclosure agreement.

Regarding the latter, this interview could blow up NDAs as a major issue at NBC. That could be analogous to how Vanina Guerrero made mandatory arbitration a high-profile one at law firm DLA Piper.

Kelly played the Good Mother card. Her contention was that she has remained unemployed to care for her three children. She said she realized she was missing their growing-up. 

If the Redstone plan doesn't pan out, likely Kelly will land someplace else. She is back out there. Now all she has to do is be hired.

The question is: Will she screw up the next opportunity? As both her NBC shows were failing she could have changed but didn't, at least not enough. In this ever-shifting world, the capacity to change is essential to holding onto work. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

The Bacteria That Almost Ate Chicago - Even Dick Wolf Stumbles

A charming technique producer Dick Wolf uses is mixing and matching characters from his long list of shows.

For his Wednesday evening three shows he has been doing that on a regular basis. The three are: 

"Chicago Med"

"Chicago Fire" 

"Chicago PD."

Tonight, that tactic took the format of a three-hour special, actually combining all three shows.

The plot line was about a researcher of infectious diseases who snapped when funding was cut.

Delusional, he decided to "show them" what could happen if a bacteria got out and decimated the whole city. Med, Fire, and police joined together and finally gunned him down. However, it was not before a number of people contracted and died from the flesh-eating-like bacteria.

Of course, in this era of short attention spans, a 3-hour time period is way too long. 

Maybe even the folks in the loop knew that. The camera would pan and pan on concerned faces. That did fill up time.

In addition, pulled out of their normal space, the actors portrayed their characters ineptly. Yes, they were off. Not even the psychiatrist on "Med" seemed authentic.

And, there was too much unreality. Should a bacteria that lethal been set loose it would have killed many more people. But, that kind of horror couldn't be portrayed on network television.

Next week the loyal audience can return to enjoying their fav characters in their usual space. And everything will return to Dick Wolf brilliant.

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Theatrics Escalate in Dispute Between DLA Piper and Vanina Guerrero

The theatrics generated by Vanina Guerrero's mission to have allegations about Louis Lehot settled in court, not arbitration, and her employer DLA Piper's responses are escalating - exponentially.

The latest bit of drama is that DLA Piper has put her on paid leave.

As Time reports, she has been told to not come into the office and to not communicate with clients. Her email had been shut down before she possibly could send another open-letter type announcement about this new development.

The reason for placing the junior partner on leave, the law firm states, is that in its investigation of Guerrero's claims about Lehot's sexual behavior other serious issues about her own conduct have surfaced. They are not related to her contentions about Lehot.

The law firm would not be specific. Therefore, Guerrero is not aware what in her previous conduct at the law firm has created this new issue.

Earlier, other theatrics have included the abrupt parting of ways between the law firm and Lehot.

Also, media outlets have covered that the firm is still sticking with its mandatory arbitration policy. That is despite the reality that a number of other law firms have backed away from that. That seems odd.

Also, there was the matter of the two open letters sent by Guerrero. One was distributed internally. The other was routed to high-profile U.S. Senator and presidential candidate Kamala Harris. That communications strategy during a legal dispute is controversial. 

A fallout from the drama is that both the brandnames of the law firm and of Guerrero could be damaged. Those following this saga can declare: A pox on both their houses.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

2,000 State, Local Opioid Lawsuits - Johnson & Johnson Wants to Settle

The old thinking on public nuisance litigation was fight, don't settle.

Otherwise, goes the cockroach theory of plaintiff behavior, myriad others will be motivated to file similar suits, hoping for a settlement. In urban settings, it is well-known that once you get one cockroach the odds are high others will find their way in. 

That fighting strategy worked for Sherwin-Williams in the public  nuisance class action lead paint lawsuits - until it hit the wall in a bench trial in California. Along with other plaintiffs, Sherwin-Williams had been convicted. Yes, the fight resulted in not acquittal or having the case tossed. There was a KO.

Now, with other municipalities getting into the public nuisance lead paint class action litigation game, Sherwin-Williams might consider settling. 

It had been thought that Johnson & Johnson had decided to deter the cockroaches and keep fighting the opioid lawsuits. There are about 2,000 of them filed by state and local governments. 

That assumption is wrong, reports The Wall Street Journal.

According to sources, Johnson & Johnson has offered to pay $4 billion to settle all the opioid lawsuits. What had been the issue were its drugs Duragesic and Nucynta. 

This could be just the move investors want.

Legal fees would be saved.

Overall uncertainties would be reduced. Litigation is a wild card. The stock market hates uncertainty.

Just as important, ended would be the focus of the media on Johnson & Johnson per se in the coverage of the ongoing opioid epidemic.

Johnson & Johnson could reset its branding. That one-time family-friendly brand been badly tarnished by all the litigation it has been battling. The other two fronts are talc and Risperdal. 

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DLA Piper Sticks with Mandatory Arbitration

Two open letters, intense media coverage, and law-student protests have not motivated law firm DLA Piper to drop mandatory arbitration. Meanwhile a growing number of law firms have announced the policy is no longer operational. 

As Law.com documents,DLA Piper shows no sign of backing away from that and allowing employees with disputes to file lawsuits or take collective action.

Yet, nine days after DLA Piper junior partner Vanina Guerrero made public her allegations about BigDeal partner Louis Lehot's sexual misconduct, the law firm saw it that it parted ways with Lehot. 

The situation is puzzling.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.