Law And More

State Farm, CT Gov, New Haven Police, '03 Ford Escort, Drama Queen

Hardwired for melodrama, I could have become a public nuisance when my 2003 Ford Escort was stolen from my parking spot #372 in the Bella Vista Complex, New Haven, Connecticut, on June 25th.  [Here is the ebook I published on public nuisance, yours free Download Publicnuisancevoodoo.] Therapists as well as executive coaches have called me the "Drama Queen of the East Coast" and maybe further west.  Yes, I had to discuss the tragedy with them and my psychic.

It was, well, disappointing that the whole enchilada as well as every part of it went smoothly and to my advantage.  State Farm Insurance was helpful, efficient, and even medium-warm.  Today that insurance company told me the check had been mailed on July 28th.  The other check, for loss of the personal property in the vehicle, will likely arrive next week.  Even I, a seasoned kvetcher can't kvetch. 

There's more.  The State of Connecticut, including the Motor Vehicle Department and the Property Tax Division, were also helpful, efficient but not warm.  I will cut them slack on the last part.  Without needing to schlep on the bus, which I have to do now, I was able to cancel my plates and apply for a prorated return of the property tax I have already paid in on the car. 

One more piece: The Police in the city of New Haven.  They got their jobs done. That was commendable given that they probably have to process many stolen vehicles daily.  The only mini kvetch is that I had to hoof it on two buses, which meant two buses also back, to file a report in-person, following filing a report over the telephone.  At the time I was clueless about how the bus system operated.  My therapist assessed that I handled that "new task" well, i.e. I got there and back.

I want to thank all:  State Farm, the State of Connecticut, and the New Haven Police.  Given the long half life of trauma for me, this experience will be part of me for about 20 to 30 more years.  The good part of that flashback will be that the system, including the insurance one, worked.   

One for Jury Consultants: Will I be selected to serve August 10th?

This is getting real.  Today I filled out the official confidential juror question form.  If I pass this first cut then I will show up for the next round at New Haven, Connecticut Superior Court on August 10th at 8 A.M. 

I was surprised by the questions and that several actually pertained to my past.  For example, the form asked if I had ever been part of law enforcement.  Until I thought about it, I assumed my experience was being a devoted fan of all the CSI shows, along with "Criminal Mind."  Then I remembered.  For 14 months back in the mid 1970s I served as Probation Officer in the Narcotics Unit of a Detroit, Michigan Court System.  How that happened? Like many newbie JDs, my doctoral candidacy degree was unmarketable in college teaching.  My mentor professor the late Walter Clark Jr. introduced me to George Gish in the Probation Department.  At the time, in Nixon's war of drugs they were recruiting the well-educated who wanted to make a difference.  I don't think I did.  At the time, I was grateful for a job, any job to "cover over" my pursuit of excellence.  That, of course, made me more acceptable to employers. 

The next question that grabbed me by the throat: Were you ever part of a civil action?  Me? A tort-reformer.  Then I recalled that I participated in the class-action WorldCom securities litigation.  It required a lot of paper work and retrieving documents from my broker.  For all of that, I was awarded less than $20.

The questions which didn't surprise me were the ones concerning the level of education, age, and employment. 

Serving on a jury would be an extraordinary experience.  Will I be called?  Many are called and few are chosen.  Here's keeping my fingers and toes crossed.

Scisive - Intelligence Gathering for Article/Book on healthcare consulting

What value does the healthcare consulting industry provide healthcare?  I'm morphing into the Bob Woodward of that sector, particularly since it represents such a significant portion of the U.S. GDP.  And if it isn't reformed, few of us will be able to afford its services.  My medical insurance premium as a self-employed consultant went up again.

A microcosm of that value-adding or the lack of value-adding might be Scisive Consulting, based in New York City.  Its leadership includes its Chairman Bob Easton.  Its Managing Partner is Frank Russo. 

How I came to want to investigate this business has been what I perceived to have been an puzzling experience with Russo.  I was wearing my ghostwriting hat, he his Managing Partner one. After submitting one draft of an article I had ghostwritten on BigPharma/Biotechnology trends, I terminated the relationship and instructed the organization to cancel the invoice. 

I want to know more.  America needs to know more.  On or off the record input wanted.  The first product will be an article.  The second a book.  Please contact Jane Genova at Mgenova981@aol.com, 203-468-8579.  I'm a pro at keeping my sources confidential and helping them make a difference.  Thank you for helping us help the U.S. healthcare system.

Civil Rights Hero Judge DeLaughter Joins All the King's Men

"It's a sad day," was what some in the Mississippi court room commented as Hinds County Circuit Judge Bobby DeLaughter joined All the King's Men.  It was the sound of a Greek Chorus as Judge DeLaughter pleaded guilty to federal obstruction of justice.  This was in connection with a dispute in which Dickie Scruggs was involved.

Associated Press's Shelia Byrd covered this tragic downfall of a civil rights hero.  It was Judge DeLaughter who became a national icon when he helped prosecute Bryon De La Beckwith.  That prosecution put closure on the murder of Medgar Evers.  Scruggs is now in prison.  The Judge could be joining him for as much as 20 years.  Byrd reports that prosecutors recommend that the sentence be about 18 months.

According to prosecutors, what corrupted Judge DeLaughter was the lure of a federal judgeship.  The hunger for more seems to be the cardinal sin among American professionals.  In this situation it was not more money per se.  It was more power, influence, and status.

Associates Still There: 46% don't have enough to do, worried [AmLaw Survey]

It's lousy not to have a job as a lawyer.  But it isn't too hot to have a job either.  The survivors, the AmLaw Survey found, don't have enough to do.  About 46% reported their work load has been reduced.  No newsflash, that makes them angst-ridden.  They should be worried.

Although growth for law firms is forecasted to be at about 3%, the layoffs aren't over, say consultants.  They expect another major round in the early fall.  This stands to reason.  With personnel cuts carrying no stigma, this is a handy cost-reduction tool, whether needed or not, for law firms. 

Reflection: Lawyers will have to decide if they love the work enough to put up with the culture of the business of law.  It's likely to get a lot worse.

Steve Miller aka Turnaround Kid May Finally Get Out of Dodge

Federal Bankruptcy Judge Robert Drain approved Delphi's plan to exit that holding pattern. Finally, the head of Delphi Steve Miller will be able to get out of Dodge.  Actually, he settled around Detroit so will only be riding out spiritually, which is just what his career needs.

Delphi might have been Miller's Black Swan, that is, an unexpected development which has profound unexpected impacts. One of the architects of the Iacocca-led Chrysler turnaround, Miller was golden.  Not that his track record was perfect for turning around companies but for every seeming stumble he had a good explanation.  That was the typical one lawyers use: "At the time."  Miller is an alum of Harvard Law School and wrote me a letter of recommendation that helped make me a 1L there.

Then there was Delphi.  It was a perfect storm, including a bankruptcy state which endured four years.  During that time, Miller published his book "The Turnaround Kid." It discussed, by names, some of his non-friends in the Delphi loop.  Miller hadn't left Dodge but assumed he soon enough would. Wrong.  Jaws dropped across the nation.  Why would he write that kind of candid book while still in, well, the driver's seat?  In addition, from a stylistic point of view, it was flawed: A mashup of personal and professional, with, some critics complained, not enough of the latter, especially on work-out.

With all the enterprises which need turning around, Miller can seek and find career redemption.  Many souls have been saved during these unusual economic times.  Here is an ebook I published Miller, who I wrote speeches for at Chrysler, might want to read - and meditate on Download SavingSoulsJaneGenova.

Back in 2003, my own soul got saved.  Here is that story Download Geezerguts.

PEANUTS!

Okay, it's a step in the right direction.  Today, in a 283-142 vote, the House of Representatives passed legislation which provides some more authority and some more whatever to the FDA to address the surging food-contamination problem in the U.S.  But, let's face it, it's PEANUTS.

That's primarily because it covers, as Jane Zhang reports in THE WALL STREET JOURNAL, "only foods most likely to be contaminated."  Okay, who anticipated that peanut butter becoming a danger to human health?  The reality is: Evolving viruses and bacteria, new technologies, increasing imports make anything and everything a potential danger to the food supply system. There are other weaknesses in the bill such as letting farms off the hook for full disclosure. 

My question: Why isn't the bill bulletproof?  Is it because children are the most frequent victims of food-borne diseases and capitalism never put children first?

My advice to policy makers and those, e.g. moms, who care about children is to bookmark Bill Marler's blog.   Since the early 1990s, Marler of Marler Clark Law Firm has been that Ibsen "Enemy of the People" type.  He took on the role of the messenger who brought the lousy news that, hey guys, your children and you face sickness and possible death every time you eat.  Here is his D.C. testimony Download Testimonywaxmanfoodsafety.

Suggestion:  Should we advocates of food safety fund-raise selling Tee-shirts with "Dying To Eat" with an appropriate cartoon mascot?

Jenkins & Gilchrist Wins Jury Verdict Against Former Client Asure Software

Clients are difficult.  Just ask former Dallas law firm Jenkens & Gilchrist which just won a jury verdict of more than $4 million against former client Asure Software. 

That's what they don't tell 1Ls.  They usually don't tell that either to want-to-be ghostwriters in seminars.  Usually the work in law and ghostwriting can be intellectually stimulating and lucrative.  So, we have no right to kvetch.  Yes - and no.  We earn our right to complain.  We all know that moment in our careers when the right is ours.   

The context is fraught with problems because most clients seek us out when they aren't in a position of strength.  They aren't accustomed to that vulnerability.  Service-providers beware.  We are needed by them.  But we are not their peer in power and wealth.  In the raw capitalist system America has developed, no one wants to be in that spot. 

"It's not The Fat Guy."  That's what I told my spiritual adviser [SA] this afternoon when I pleaded for an emergency appointment.  The Fat Guy had been my number-one tormenter, so much so that I ended that lucrative association.  So embedded did he become in my DNA that I'm currently writing a novel "The Fat Guy From Greenwich."

SA would give me 20 minutes.  "It's a healthcare consulting company.  I should have known not to take them as a client."

The 20 minutes did the trick.  I had added one more strategy to the menu of options on how to manage clients.  The new one was going to be:  Let's go over the actual text. 

If we love our work, we stay in the game.  But, shame on us if we don't make progress on the learning curve in how to protect our dignity, fee, and talent. 

Ruth Gets Sued - As Expected

Ruth Madoff cut a deal with the feds but we anticipated she would then have to face civil litigation.  It's happened.  And it will be interesting if the plaintiff can pull it off. 

That's because the action contends, reports Noeleen G. Walder in the NEW YORK LAW JOURNAL, that "even if Ruth Madoff did not know about her husband's massive Ponzi scheme, she 'lived a life of splendor' and received tens of million of dollars as a result of the fraud."

The complaint was filed by the trustee Irving H. Pickard, the trustee reponsible for liquidating Madoff Investment Securities LLC.  The goal is to recover the alleged $45 million transferred to Ruth by her husband's firm over a six year period.

Performance Reviews at Kirkland & Ellis = McKinsey at Conde Nast?

Is the new game choosing the right tool to ensure legal personnel cuts? 

In law firms, that tool seems to be performance reviews, once used to help the performer improve performance.  In corporate America, such as Conde Nast, it seems to be bringing in the management consultant McKinsey and Company. Both are time-consuming and expensive.  And they scare the wits out of those who are subjects of the "reviews."

When the date of performance reviews is pushed up, associates become especially afraid.  And that's what they seem to be at Kirkland & Elllis, reports Abovethelaw.com. 

Reflection:  Somehow the image of baby seals being clubbed comes to me.