Law And More

They Are a Lost Generation - The Post-Ailes Era

Well, "Sunday Night," hosted by Megyn Kelly, came back from the dead last night.

It frontloaded a feature on the incredible shrinking airline seat. I thought that was old news. But viewers were interested enough to stick with the rest of the show. 

The stickiness gave "Sunday Night" time to live one more hour before being cancelled after only being on-the-air eight times. The original plan was for 10 times.

Kelly claims she will be back. That optimistic spin has characterized this disappointment. Kelly was supposed to be such a catch for NBC.

The bounce last night was to 3.51 million viewers. That puts it back where it had been on June 18. A week before, the ratings cratered to 2.85 million. That was partly because it had been knocked out of its usual 7:00 P.M. slot. The NASCAR race was featured.

Now it's onto the 9:00 A.M. slot for Kelly. Her "Megyn Kelly Today" will be done before a live audience.

Calling the show that was probably a mistake. The stench from the rotting branding of "Sunday Night" could drift into "Today." If the ratings are lousy, expect heads to roll. Among them could be Kelly's. She will be bought out of her contract or perhaps parachuted in to do interviews of celebrities arriving on some red carpet somewhere.

Sad to think about, isn't it.

We also have to recall that other Fox refugee from the Roger Ailes era - legal commentator Greta Van Susteren. She didn't last long at MSNBC. Yes, she got the boot.

Ailes had created a unique media environment at Fox News. Many such as Kelly and Van Susteren thrived in it.

So did consultants such as Bob Dilenschneider who had been Ailes' personal public relations representative. They looked a bit like twins separated at birth.

One wonders if Dilenschneider was also a "Friend of Roger." Those on that buddy list received a nice stipend every month from Fox News. 

But everything changes.

Fox News seems distracted by the fallout after the House of Ailes collapsed.

I don't read much in the media about Dilenschneider.

That lost generation, of course, seems to also include Kelly and Van Susteren.

Reflection: Kelly has a law degree. She may have the option of returning to being an associate at Jones Day law firm.

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D.C. Circuit Held FAA Must Review Rule about Passenger Seat Size

Consumers, critics and now a D.C. Circuit judge all refer to the amount of room passengers have as "the incredible shrinking airline seat."

Anyone who has been a passenger in the increasingly unfriendly skies knows that leg room and width of the actual seat seem to continue to contract.

When that was brought to the attention of the legal system by Flyers Rights, the D.C. Circuit Judge Patricia Ann Millet did a little bit to help out the consumer.

Flyers Rights organization contended that the decreased room is a safety hazard.

Just consider the added time it would involve to squeeze out of one's seat in an emergency exit. And, in a crash, with the seats so close together, there could be directly related serious injuries or deaths.

What the Flyers Rights advocacy folks ideally wanted was to mandate that the FAA  establish safe minimums for seat size. Well, they didn't get that. Instead, as lawyer-journalist Kathryn Rubino reports in Abovethelaw.com, the court held:

" ... the FAA must review its rule ..."

That is, of course, a step in the right direction. However, with the Trump Administration in power, consumer issues, including safety, could receive decreasing attention. Sure, the FAA is now mandated to review the rule. But, anyone who understands politics has low expectations. Likely it will take airline catastrophes in which deaths and injuries are caused by unsafe seats to rally pressure on the FAA.

Unfortunately, businesspeople need to fly. So do those with family emergencies. Otherwise, a national boycott against the airlines could be organized.

However a partial one is possible. To improve their brandnames, Uber and Amtrak could offer steep discounts on long-distance travel. Gas stations could also provide discounting for those who document they opted not to fly. In that spirit, car dealers can provide special incentives on autos to be used for the kind of travel usually done by plane.

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Anthony Scaramucci, We Hardly Knew Ye

The official reason given for the abrupt departure of Anthony Scaramucci is that the new chief of staff John Kelly needs to select his own team. Those team members include the head of communications. For about 11 days Scaramucci had held that title.

That has been official White House protocol. Scaramucci had bypassed that traditional reporting relationship when he had been hired. 

Now, Scaramucci is out of a job. He could also be out of a marriage. Last week it had been reported that his wife, who is nine-months pregnant, filed for divorce.

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India - Power as Global Player Impeded by Antiquated Legal System

It has been said that one factor in America's development as a global economic power has been its legal system.

Among the strengths is its contract law. Especially important is its protection of private property. Without that legal foundation, entities would not feel safe entering into any business relationship. 

So, it's no surprise that India's antiquated legal system is viewed as an impediment to its growth as an global economic player. The Wall Street Journal highlights this obstacle. Currently there are 30 million pending cases in India. 

Like most nations, India is encountering increased competition on all fronts for attracting new business and investment.

At the top of the list of what's threatened is its brand as the ideal place to outsource. Currently, that brand identity isn't all that secure.

For example, the Philippines is putting itself out there as less expensive and where American English, not British English, is used. 

Another line of business in play could be the retirement industry. Baby Boomers fearful of outliving their funds are relocating from the U.S. to retire in places such as Ecuador, the Philippines and, yes, India. The latter was featured in the film "The Best Exotic Marigold Hotel."

Those nations want the U.S. dollars from sources such as Social Security, employer pensions and retirement investment vehicles. 

But, India could lose out if it doesn't reconfigure its legal system to mirror more than Americans expect for settling their disputes. 

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Alcoholics Anonymous - Should It Be Sued for Allegedly Causing a "Public Nuisance"

The legal sector has a major investment in having constituencies, ranging from judges to the healthcare system, investigate Alcoholics Anonymous (AA).

In addition, there is the personal aspect.

The recent joint study by the American Bar Association and Hazelden Betty Ford found a higher incidence of substance abuse than in the general population. 

AA, launched during the 1930s, had been positioned and packaged as THE savior for those suffering from the disease of alcoholism. That branding helped generate myriad other 12-step programs. Those ranged from Gamblers Anonymous to Emotions Anonymous.

But, during the past 20 years of so, AA has been taking it on the chin.

The bad press includes the now-iconic expose in The Altantic.

Alternates such as the Sinclair Method have been featured in high-profile venues such as NBC's "Sunday Night." 

Members peaked in 2001. After that, both in the U.S. and around the globe, membership has been in decline. 

But, yet, the organization has been where courts continue to "sentence" those convicted of crimes ranging from disorderly conduct to drunk driving. Many medical doctors also make such referrals. Families derailed by alcoholism often tell the "miscreant" to attend AA or hit the road.

One tactic which could be a global wake-up is to file a class action lawsuit alleging that AA causes a public nuisance.  The legal concept has already been applied to traditional product liability, environmentalism, pain-killer abuse in Ohio and a behavior problem by a minor in California.

At the very least, the harm to the tranquil life of the community can be triggered by unleashing a bunch of newly sober men and women to "make their amends" to those they have supposedly injured. The injury can be a verbal tirade or failure to pay a bill. That "public nuisance" is rooted in steps 8 and 9. Here are all the steps. 

At any time, those amends can be inflicted in-person, by phone, email, snail mail or SKYPE. Perhaps they benefit those making their confessions and attempting a remedy. However, we on the other end often find such approaches anything from annoying to toxic. 

But, that's just, to use the cliche, the tip of the iceberg. What about the lackluster success rate of AA? While that method is being advocated, drunk driving deaths, domestic murders and armed robberies done during blackouts go on.

Isn't it creating a public nuisance to position and package the organization as a proven method to put the disease of alcoholism into remission?

The reality is that the majority of situations involving problem drinking dry up, pun intended, on their own. Those entering that downward trajectory have a moment of clarity. They get it that they should stop consuming alcohol. Myriad members on the Eastern European side of my family did just that. 

Of course, choice should be available about how to reduce the harm related to alcoholism. But, one result from public nuisance litigation could be that the AA program would have to post a disclaimer about outcomes. 

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Power & Genius - Of Course, Travis Kalanick Could Pull Off a Steve Jobs

No one denies that former Uber head Travis Kalanick and the late Steve Jobs have a lot in common. Those shared traits include tech genius - and Machiavellianism. 

The question is: Will Kalanick's version of Machiavellian moves to return to full power at Uber work as well as had those of Jobs?

BusinessInsider reports that sources say that Kalanick is busy chasing his old job.

One way to do that is make it impossible for anyone competent to say "yes" to replacing him. Those who are being considered know how much Kalanick can meddle if they sign up for the position. 

Another way is to win over members of the board. They could wind up re-hiring him. A persuasive guy, he can convince them how much Uber needs him at this time. 

A third is to operate a campaign in the media. He can hire a top public relations agency specializing in tech to reposition and repackage him as the Man With the Vision to guide Uber into the driverless era.

As with Jobs, Kalanick is not to be underestimated. He understands how to transcend the usual rules of reality.

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"Sunday Night" - Yeah, Megyn, We Heard All About the Talc Story

This is the last episode of "Sunday Night," hosted by Megyn Kelly. And the collective feeling seems to be a sigh of good riddance.

The programming, as usual, is stale. Unlike "60 Minutes," there are no breakthrough stories.

Haven't we heard over and over about how consumers are being used and abused by the airline industry? Not soon after Dr. David Dao was dragged off the United flight, it was cool to heap hatred on all the airlines. "Sunday Night" is way late in the game to tap into that rage. Meanwhile, the legal sector has developed a new niche targeting the airlines. That, too, is old news.

And, the saga of Johnson & Johnson (J&J) baby powder's allegedly causing ovarian cancer has been covered by many niches in the media, including the legal press. Last May, J&J was ordered to pay $110 million in a Missouri court verdict. More than 2,000 other similar lawsuits are also in play. No, that story is hardly an expose. Why it became a segment on "Sunday Night" is puzzling.

In addition, Kelly just isn't cut out for this kind of "magazine newscast." Her voice lacks that theatrical quality which signals that what is presented is very important. Instead, Kelly's voice seems to be the perfect fit for the reader at story time at the public library. Its lack of urgency wouldn't scare little children.

Okay, since her first "Sunday Night," Kelly has ditched the flashing of long legs, the prom-night curls, the glam dresses and the mega watt smiles. But she still hasn't been able to acclimate herself to network television.

Many of us expect even more of a disaster on September 25th. That's when she launches her morning show "Megyn Kelly Today" at 9:00 A.M. It will be before a live audience. The UK bookmakers should be taking bets on how long "Megyn Kelly Today" will endure. 

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