Law And More

"Tolton et al. v. Jones Day" - 6 Named Plaintiffs File Motion for Certification of Class Action Status (nothing remains unthinkable)

The $200 million gender discrimination lawsuit "Tolton et al. v. Jones Day" continues to be high profile.

It's no longer unthinkable that it could result in ousting Jones Day's managing partner Stephen J. Brogan from his position of influence and power.

Among the allegations of the lawsuit is that he signs off on all compensation decisions. The plaintiffs contend those decisions contained gender bias. 

It's the way of the world since biblical times: A scapegoat is required. Brogan could just be the designated scapegoat.

The latest development in "Tolton," reports Law.com, is that the six named plaintiffs filed a motion to certify the litigation as a class action. Here is the copy of that motion. They contend they can take collective action under the Equal Pay Act.

Should the motion be granted then the door opens for all females employed by Jones Day since April 3, 2016 to opt into the class action. 

But, that's a big if.

Some might recall the high-profile gender bias lawsuit "Dukes v. Walmart." That went all the way to the U.S. Supreme Court which tossed it.

SCOTUS claimed that since management at WalMart was decentralized, at the store level the managers couldn't have gotten together and cooked up discriminatory policies. Essentially, each manager at each retail location was presented as autonomous. 

However, if the class is certified and if the litigation isn't settled, Jones Day faces serious challenges.

To begin with, plaintiffs are represented by powerhouse in employment law Sanford Heisler Sharp.

Secondly, in court, during the trial, Jones Day's supposed black box culture could be disclosed in detail. Plaintiffs claim that institutionalized stealth system serves to allow for discrimination in compensation.

In addition, on anonymous forums such as Glassdoor there are those lawyers who complain in a general way about the alleged below market compensation that is facilitated in a culture in which no one knows each other's salary.

Instead of focusing on money, the lawyers at Jones Day, some claim, are assumed to be kinds of medieval monks toiling away selflessly on their mission. At Jones Day, the mission is serving the law and through that assisting clients. 

Also, third, the jury could be sympathetic to the plaintiffs and send a message to all law firms by imposing what is being called a "nuclear verdict." That is an award, usually for punitive damages, for the plaintiff which way exceeds standard expectations.

That first caught mainstream attention via the $140 million verdict a Florida jury delivered in "Hulk Hogan v. Gawker." They certainly sent a message to the New York media outlet about pushing the envelope on privacy.

Gawker, as many know, went bankrupt. A chill went through the media world. The plaintiff lawyer in that Charles Harder became the star in interpreting the 1st Amendment. 

Jones Day could be in a real pickle.

Like 81-year-old Alan Dershowitz, Brogan could be facing the biggest legal challenge of his career and to his brand. 

Recently, Dershowitz published a book defending himself in the Epstein looping. Here is my analysis of that book, published on Odwyerpr.com.

Perhaps it would be smart for Brogan to also put a book out there. 

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

Your Law Firm Is Hit with Bad Publicity - Should You Put a Book Out There (or just do web stuff like Jones Day)?

Of course, the court of public opinion might have become more powerful than the court of law.

A sign of that evolution is this: those nuclear verdicts by jurors who perceive themselves as change agents. They are crossing the line from operating in a closed law-based system to factoring in what is bubbling up in the culture.

So, lawyers and their law firms have to pay more and more attention to the court of public opinion.

That's especially the situation when there is negative media coverage. Hit with that in gender discrimination"Tolton, et al. v. Jones Day," that usually low-profile law firm responded with a major posting on its website. Here it is. Such a move was atypical for Jones Day.

Here is a copy of the amended Tolton lawsuit. The plaintiffs are represented by Sanford Heisler Sharp, which operates one of the best if not the best public relations outreaches in employment law. 

But the question is: Because power has shifted to media, should law firms make it their business to publish books related to their own specific crisis? In addition, should they recommend that their clients publish a book about the issues involved in their litigation or transactions? Social media and social networking might not be enough. 

Recently, distressed criminal lawyer and former Harvard Law School professor Alan Dershowitz went the book route.

Essentially, that follow the playbook for crisis management 101. When the stakes are high, putting a book out there often is a necessary component of a public relations/marketing communication package. 

Dershowitz's book is "Guilt by Accusation." 

At age 81, that superlawyer in the criminal niche finds himself caught, both in the courts of law and of public opinion, in the Epstein looping.

In only 160 pages, his book presents a brilliant defense of both his mindsets and actual behavior. Well, it seems brilliant, at least to a non-lawyer like myself.

Posted on the influential O'Dwyer PR, here is my overview of "Guilt by Accusation." Given that O'Dwyer has become interested in that book, obviously it has traction.

Of course, "Guilt by Accusation" could gain support for Dershowitz in the court of public opinion. But in the court of law, where he faces multiple lawsuits, that's another situation. 

So, for those law firms and lawyers touched harshly by the media, yes, a book is probably a required investment. The same applies to clients who are in a pickle.

To the media, publishing a book is code for "coming clean."

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

Suicide in Legal Sector - What About Those Left Behind?

Suicide seems almost an occupational hazard in the U.S.  legal industry.

Fresh in memory is that Gabe MacConaill, a star, took his own life.

And there had been the multiple suicides of lawyers in Kentucky.

In her book on suicide, Johns Hopkins professor Kay Jamison discussed that kind of cluster phenomenon. Yes, the idea of suicide as a solution can be contagious. After all, as researchers in mirror neurons have proved out, we are social beings, influencing each other, cell by cell. 

As is well known, suicide has also evolved into a global epidemic. "60 Minutes" did  a segment on neuro research to determine who in the emergency room is serious about suicide and should be admitted and who is simply at a low and can leave, with a treatment plan.

Given this growth in the suicide rate, it should be predictable that The Wall Street Journal published an article on how those left behind are navigating this tragedy.

Survivor of her husband Gabe MacConaill's suicide, Joanna Litt managed the emotional ordeal partly in public. She published a letter attacking BigLaw, specifically Sidley Austin, for "killing" her husband. 

Back in analog times when there had been more one-on-one and collective support for struggling human beings, suicide carried a stigma. Blame was assigned. 

For example, in an upscale Bayonne, New Jersey neighborhood, the meme was that X's son had committed suicide in that house. The father was, yes, a marked man. The assumption was that he could have prevented that act of self-deliverance. 

Therefore, it was common for the suicide to be kept under wraps. An influential family or one well-connected with the medical community could get the cause of death labeled as something else. When the situation was passive forms of suicide, as in my family, the attention was put on how sad it was that such-and-such didn't do this or did do that. That let survivors off the hook. 

Now, in a digital era when authentic connection is increasingly rare, suicide can make good sense to those who feel isolated in their suffering. That may or may not be true. However, that's their perception as everyone around them seems to be fiddling with their smartphones. 

Often, as the experience of recovery programs is playing out, suicide takes the form of an overdose. In those situations, the group, such as members of Alcoholics Anonymous, has to find it way through the loss. That could take several years for any one group. When a lawyer in the insurance industry killed himself with a shot to the head, those in his home group seemed to be in a daze for about two years. 

On the other hand, there are emotional pragmatists. In one support group for another kind of problem, a retired woman was very matter of fact about her son's suicide. "He was unhappy." That's how she wrapped her mind and heart around it. And that was that. 

In my family, I got it that a relative couldn't continue with his alcoholism. One late night, instead of calling a cab, he took the long way home from the neighborhood walking the mean streets of Jersey City, New Jersey. His death was classified as a murder, not a suicide. 

Of course, as with every other part of human existence, there are no absolutes in how those left behind should find inner peace about this kind of loss. Imposing any will be as cruel and counterproductive as when psychotherapists used to hammer us clinical depressives with the assumption that the condition should and could be surmounted. 

Now, of course, there is the recognition that it, like cancer, is a chronic disease. That's exactly what Jill Halper, M.D. wrote about her husband's suicide. Here is her article in The New York Times.

Halper embraced the disease model. She also could use her communications skills to create a platform on which to sort out this personal tragedy. 

Those left behind have that model and myriad other options to manage the pain of loss. The message to those with supposed expertise or who mean well essentially is: The answers are within us and we have to struggle to allow them to surface. Just be there for us. Listen. Don't force-feed oughts on us. Be gentle in recommendations.

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

 

Alan Dershowitz, 81 - First Line of His Obituary Remains in Play

Controversy, he gleefully attracted, in his professional life. Essentially that was and is Alan Dershowitz's branding. And, he admits that in his latest book "Guilt by Accusation."

But, scandal, especially in his personal life, is another matter. Also, in that same book, Dershowitz goes to great lengths explaining how he keeps his nose clean - and out of controversy - in how he lives his private life. Here is my overview of "Guilt by Accusation."

And, a personal scandal is what he has been dragged into. Not just any scandal. It's the big story of 2019 and probably will go on for several years: Jeffrey Epstein's sex slaves and whom they serviced. One of them - Virginia Giuffre - contends Dershowitz had been on her to-do list. He denies that.

Much of this has found their way into lawsuits. 

However, the litigation is the least of Dershowitz's problems. He has the financial resources to finance the best defense.

His challenge is two-fold: Get his side of the story to the media and have it believed. That, of course, is the reason for the book.

If key constituencies don't buy Dershowitz's denial, then the first line of his obituary could reflect the extreme tarnishing of his brand. He is now 81 years old.

Instead of his loved ones enjoying his extraordinary legacy, they could be burdened with shame. In some circles he could, to borrow that phrase from the film "John Wick 3," be "excommunicado." No longer will criminal lawyers tout that they had taken Dershowitz's course at Harvard Law.

This possible refusal of fortune could have been a script from that creepy television show "The Twilight Zone."

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

Alan Dershowitz Pushes Back on Giuffre Allegations with Book "Guilt by Accusation"

Some contend Alan Dershowitz evolved into a power brandname not because of a genius legal mind. 

Instead, he rose to influence, fame, and wealth through publishing and then cleverly promoting provocative books on issues related to law. Of the 40 books, eight had been best-sellers.

So, it should have been predictable that he would push back against the allegations of sexual misconduct by Virginia Giuffre with a book.

That's "Guilt by Accusation," published by Skyhorse onNovember 19th. The page count is 160. The cost of a hardback is $23.39. Right now, it has a respectable ranking of 12,277 on Amazon.

There are the:

Introduction

Chapters 1 through 12, each with a catchy title. For Chapter 1, it's "How I Met Jeffrey Epstein."

Conclusion

Appendices A through N.

It would make a nice stocking stuffer for law students. Also it's a fun read for lawyers who enjoy feuds and gossip. Yes, Dershowitz takes on David Boies.

Essentially Dershowitz frames his defense through an analysis of the #MeToo movement. That, he dates back to when the allegations of sexual msiconduct surfaced about Harvey Weinstein.

As the movement evolved it has made it possible, he claims, for someone to be judged guilty whenever there is a mere accusation. The evidence, at least in the court of public opinion, is irrelevant. In "Guilt by Accusation," Dershowitz persents plenty of evidence. 

Interestingly, he notes that movements usually kick off as reforms.

Then they mutate into a business.

Eventually they become a racket.

Dershowitz perceives himself accused in order to shake loose money from him. He fingers Giuffre as in it for the big payout.

In addition, the accusation serves as warning to those who have not yet been publicly accused. They should be getting the message to pony up the funds necessary to keep their supposed sexual antics fr0m being made public.

The message of the book, though, is this: It can happen to you. You too could be considered guilty just by the nature of an accusation.

In reading this book, one has to keep in mind that Dershowitz is both a successful criminal defense lawyer and an author who knows how to position and package even dull legal content in an engaging way.

So, yes, it can be persuasive, at least to non-lawyers. But, with Dershowitz now involved in several lawsuits related to the original Giuffre allegations, it will take a court of law to sort out all the contentions.

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

Impeachment - Web-Based Drudge Broke that Story, What JFK Jr. Could Have Done with It Had George Shifted to the Internet

In too many ways George Magazine, created by John F. Kennedy Jr., was ahead of its time.

That's a prominent theme in Steve Gillon's "America's Reluctant Prince," published last July. Gillon, although not a close friend, had been on Jr.'s network. The biography has a respectable Amazon ranking of 13,010. 

Jr., unlike his buttoned-down sister Caroline, was a risk-taker. George represented a bold move of putting together pop culture and politics. So much for the pontificating most of us endure in high school about the nation's political system. 

Making politics fun in a formal way was new. Back then, not enough advertisers bought in.

The magazine's identity hadn't gelled. 

Also, its real branding was that a mega celebrity - Jr.  was its founder and face. The interest was in exposure to the star, not to the content of the publication. Supposed potential investors and advertisers scheduled presentations by the magazine to gawk at Jr., not pony up money. 

But in one way being ahead of its time could have not only helped it survive but also scale. 

As Gillon reports, in the darkest hours for George, Jr. did consider yanking the publication from print and making it totally web-based. There could have been enough interest in it from enough diverse constituencies and enough advertising dollars to push it into the zone of extreme success. 

In 1995, George hit the newsstands and digital-only Drudge Report hit the internet. The Drudge Report is not only still around. It's up there in rankings with Fox and more. Its influence, especially during election years and national scandals, is profound. 

Like George, the Drudge Report pushed the envelope. For example, the latter's founder Matt Drudge broke the Bill Clinton - Intern story and did that just right. For a while Drudge Report owned that impeachment story.

Given Jr.'s imagination, George could have given the saga unique dimensions on the internet. There could have even been analogue of Drudge's flashing blue light.

It's almost tragic to speculate what might have played out had George gone digital. It could have been Jr.'s preoccupation with saving it that factored into his decision to take his plane up so late in the evening. He might have accepted the reality that he wasn't trained to pilot it in the dark through instruments. Instead of wheels-up, he would have driven to his cousin's wedding.

Meanwhile, a November might come when no longer the memory of the assassination of Jr.'s father will hover over the nation.

The event was experienced as a baby boomer one, shared collectively through the medium of television.

After we 76 million Baby Boomers ride into the sunset, that president could fade into a section of U.S. history. During the next centuries, there will a fluctuation in the interest in analyzing the man, his policies, and his accomplishments or the lack of them. But the palpable aura would never return. 

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

This Just Might Work: NYC Home Sharing Program

The 60 or over with a spare room in all five boroughs of New York City gain access to additional income.

Homeless youth at least 18 years of age gain a roof over their heads which isn't a shelter.

That's the public interest version of Airbnb.

It's called Home Sharing.

It's the kind of government-people partnership which could become a model for other urban areas in the U.S. overwhelmed with homeless youth. Actually, it could be extended to not-so-young homeless. 

Here are more details from the New York Daily News. 

In addition to the money, the 60 and over are freed up from social isolation. It's documented how difficult it is to make new friends when aging. Meanwhile, those who used to be on the network die, move away, or just decide that the relationship is no longer for them.

Also, the aging can get help with daily household chores as well as projects such as painting the living room for the holiday season. The young guest would take over those tasks in exchange for a cut in the rent.

By being in a stable caring home situation, youth can embrace the opportunity to map out for themselves what will be their next. In a sense, Home Sharing represents a transitional state, without the usual rawness of being on the street. 

Way back in the 19th century when society was turned upside down by capitalism and technology (sound familiar?) novelist Charles Dickens hammered that what kept those crushed under from going under was what he called the "milk of human kindness."

The kindness outreach of Home Sharing, even with its undertow of monetary reward, can be the platform for youth to take the leap into hope. 

One of the most insightful books on homelessness is "Stuart: A Life Backwards." The dynamics are complex. By Alexander Masters, it made it into a film and a play. 

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

All Your Law Firm, You Want for Christmas Is Rebranding

Rebranding has become the current solution for troubled or simply stuck organizations and individuals, reports BusinessInsider.

Yes, repositioning and repackaging have become the unofficial religion in marketing, public relations, executive coaching, and even psychic readings.

Unfortunately, most of those initiatives are ham-handed - or worse. Look at the Prince Andrew struggle. Smirk Smirk.

Usually the distressed business or professional is in a panic and fails to think fresh. It or he/she winds up imitating, especially in the logo, brands which are popular at the time. That makes them come across as without an authentic sense of self.

Or, as with former McKinsey head Rajat Gupta, with his self-pitying memoir "Mind Without Fear" (at a lousy Amazon ranking of 224,104), it can tarnish the brand even more.

However, as those in all the branches of the reinvention industry well know, rebranding can be wildly successful.

A classic example is how the plaintiff bar in the U.S. changed the perception of itself from ambulance chasers to change agents on behalf of the people. Consequently they have been able to persuade jurors to give those nuclear verdict.

The lawyers at Motley Rice are in the catbird seat as heroes for the California win against Sherwin-Williams et al. for creating a public nuisance through lead paint. 

On an individual level, there is the rebranding of Ronan Farrow. He transformed himself from a failed television personality to a formidable investigative journalist.

Part of the current intense interest in rebranding is that any player can wind up sidelined or in the soup. That includes even those the public has might be rooting for.

Take, for instance, "Today" personality Jenna Bush Hager. Nice woman who dearly loved her grandparents and just returned from maternity, right. But, come on, on air her connection with the audience lacks excitement. If she doesn't rebrand, slowly and smoothly, she could be phased out. Incidentally, "Today" is still rebranding post Matt Lauer and Megyn Kelly disasters. 

The reality is that in this era of total exposure every day organizational and professional brands are watched, measured, and given the thumbs up or the thumbs down.

Those who manage to pull off continual enhancements and course correction tend to be the bold. The role model for that ranges from the late Steve Jobs to the evening news (with David Muir). 

Reflection: Will law firm Jones Day rebrand in 2020, given the high-profile lawsuits alleging discrimination and the criticism of its "black box" organizational culture. In addition, its linkage with the Trump Administration can wind up throwing shade on its branding. That could be a 180 since, in 2017, Joe Patrice from Abovethelaw noticed it was leveraging its Trump association as a new business development tool. 

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

 

Janis Joplin, Gordon Caplan, Kate Spade, and Others - The Arrogance of Interpreting Their Behavior

Published about a month ago, "Janis" is yet one more biography about this huge talent in music: Janis Joplin.

Obviously, she remains of great interest. Written by Holly George-Warren, it ranks high on Amazon: 1,506. 

But, some of us who have followed Joplin's life and times probably have to admit that we come away from this latest interpretation of who she was unsatisfied. George-Warren hands over a lot of the pieces. They range from resentments from high school she couldn't shake to an addictive personality.

But, I find I was unable to connect the dots. We can't wrap our heads around Janis.

Maybe the takeaway from "Janis" is the unknowability of all human beings.

It is mere speculation to posit they did this because of such-and-such. That kind of self-righteous pontification usually occurs when an extreme success like lawyer Gordon Caplan winds up in jail and disbarred  (CollegeAdmissionsGate) or a unique designer like Kate Spade takes her own life. 

The television series "Dateline" chronicles how clueless most spouses, who wind up murdered by their husbands or wives, were about their significant other. So were most members of their professional and social circles. 

After reading "Janis" we know more details about Joplin's life. But we probably have to admit we know even less about who she was and the undertow that carried her out. 

Meanwhile, let's back off doing a Sigmund Freud on what those who fall from grace, check out, or simply disappoint us are all about. 

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

New Partners - Already Feel Burned Out, Fear They Might Represent "Over-Hired" When Recession Comes

The one bright spot in how new partners feel about their jobs is the quality of client relationships.

They enjoy the nature of the work and the interaction.

Most of the rest, found the annual New Partners Survey in conjunction with ALM Intelligence, discloses the dark side of finally achieving the goal of making partner. Here are the details from Law.com. 

Among the beefs is the sense of already being burnt out. Yes, and it's so early in what hopefully will be a long career.

The usual reason given is the billable hour. And those eight billable hours really turn out to be 10 when email responses and administrative duties are added on. The result can be the kick-off of mental illness woes. 

To prevent all that some new partners have figured out what centers them. That could be the gym or having the courage to take the available vacation time. There is a recommendation that vacations be mandatory.

Other beefs include:

•  Low compensation. They are surprised it was not higher and that it's often determined on a subjective basis.
•  Ambiguous measures of performance.
•  Excessive administrative tasks.

In terms of fears, they fall into two categories - those relating to their law firm and those concerning themselves.

They observe that their employers don't seem prepared for the economic downturn. Sure, some law firms have expanded their bankruptcy and restructuring practices but overall new partners don't observe gearing up for hard times.

When it comes to their own job security, some fear they might have been part of the "over-hire." When the recession finally hits, they could be knocked out of the box. In another article in Law.com, there is the estimate that in the next downturn, 10,000 lawyers could be axed. 

During the Great Recession, a major story in the media had been the unique fate of so many lawyers who had lost their jobs. Since the legal sector is conservative, there was stigma associated with the termination. Therefore, they found it difficult to land comparable positions. Also, when the economy improved often they were shut out of recruitment. Law firms went for laterals with a book of business and new law school graduates.

Meanwhile, they were dragging along student loan debt like sacks of rotting vegetables. Abovethelaw introduced the poignant series by a laid-off lawyer who took on the pen name Alex Rich. She labored in the trenches of document review when her severance ran out and the payments on student loans had to be made. Essentially the column was a how-to get, hold, and move on to better document review assignments. 

Since most recent surveys indicate the uptick in hiring, those new partners in law firms could be heading into a Stalin-like purge. Yes, they have to anticipate that play-out and what currently they can do to enhance their ability to avoid being sidelined and to have a soft landing if axed. In corporate jobs as well as consulting assignments the current norm is to never become comfortable. Also, loyalty essentially has become an anachronism.

Since the Great Recession, every edition of the bible on careers "What Color Is Your Parachute?" hammers that job search will be forever. So, those determined to continue to make a good living have to develop special skills in job hunting.

Those who wind up getting hired are not necessarily the best in their field. Instead, they have become the best in marketing themselves for work that is a fit for them. New partners should invest the time to read that guide. 

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