Law And More

Lynette "Squeaky" Fromme - Yes, Virginia, Manson Gang Member, Attempted Killer of Gerald Ford Got Parole

In 2009, one of most colorful characters from Charlie Manson's gang and the woman who attempted to assassinate Gerald Ford was granted parole.

That was Lynette "Squeaky" Fromme.

Her life since then has been to have a low-profile existence in upstate New York with her boyfriend Robert Valdner. Here are many more details from the New York Post.

Meanwhile others from that era such as Leslie Van Houten keep being denied parole. That is no surprise, given the high-profile murders done by the Manson family. The surprise is that Fromme got off the hook, especially since at one stage of her unstable life she had been given a life sentence. 

Well, so far, the bet the parole board made on her has turned out okay. She has not been associated with any more crime. At least not so far.

My hunch is that her goofy persona makes her seem not a sociopath. The others associated with Manson and with the violence of radical politics come across as having definite dark sides. 

And it could be just that: Fromme was, is, and will always be goofy. Not "criminal" in the traditional sense.

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Skadden Arps Brand - Strong Enough to Weather Ukraine Connection?

On Tuesday, BigLaw firm Skadden Arps settled with the Department of Justice. Details were released Thursday. Here is coverage by The Wall Street Journal. 

Essentially the agreement involved turning over the $4.6 million it earned from its work for the Ukraine in 2012. In the loop was Paul Manafort.

In addition, it has agreed to register as a lobbyist for a foreign government. Another player in the loop former partner Gregory Craig remains under investigation.

The question hovering over these development is this: Is the Skadden Arps brand strong enough to weather this crisis? Can the firm position and package what has led up to all this as the doings of some rogue lawyers and not representative of the values of the law firm?

From its beginnings, Skadden Arps was willing to take on unpopular assignments. Those who have done business with it understand that. Therefore, that history may get Skadden Arps off the hook for this scandal. 

On the other hand, both the world and the U.S. are highly sensitive to the highly charged political and economic relationships among nations. Some current clients and potential new ones could decide to steer clear of Skadden Arps for the time being. Or perhaps forever more.

This possible scenario also hovers over BigLaw firm Jones Day, which is known as the Trump Administration's go-to legal counsel. Its former partner Don McGahn had been the top White House lawyer and many other former Jones Day lawyers also went to work in the Trump White House.

If the Trump Administration implodes, as did the Nixon one, will current clients cut ties, like rats fleeing a sinking ship? And will Jones Day be able to develop lucrative new business in a post-Trump era? 

Currently, Jones Day represents Sherwin-Williams in the lead paint public nuisance class action litigation. That could explode into the next tobacco or asbestos. In the high-profile California bench trial, its client Sherwin-Williams was convicted.

Despite the fact that annually Jones Day hires many former U.S. Supreme Court clerks, the high court refused to review the conviction. Here is my recent article on public nuisance published in Odwyerpr.com. Recently, that legal strategy has been leveraged against opioid manufacturers and/or marketers and the Roman Catholic Church. 

Reflection: What does it take to blow up the brand of a powerful law firm?

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"S.W.A.T." - The Shemar Moore Brand in Play

Shemar Moore is iconic for portraying Derek Morgan on "Criminal Minds."

He left that series, which has been renewed for one more and its final year, to star in "S.W.A.T." His role is head of the elite team in the LAPD - Hondo Harrelson.

From the streets of LA, Hondo is supposed to play out a conflicted character whose loyalty is divided between his people back on the streets of LA and law enforcement. All that never really gelled.

Moore seems unable to get his talent around who Hondo is. There is nothing unique in his portrayal of Hondo. Also there was a desperate attempt to seduce viewers with a shot of Hondo without his shirt. On a talk show, Moore lifted his shirt to put his fitness on display. That took away from the brand equity Moore had built in the Morgan role.

So, fans wonder if Moore made a serious error or judgment leaving "Criminal Minds." There he was an anchor character.

The ratings for the second season of "S.W.A.T." have been down 19% in the key 18-49 demographic and down 9% overall. 

It's iffy if the show will make it to a third season. If it's saved it will be something Moore pulls off.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

 

"The Good Doctor" - In-House Counsel at the Hospital Would Yank Dr. Murphy's License

If the goings-on in "The Good Doctor" were occurring in real life, Shaun Murphy MD would have lost his license to practice medicine a few weeks into his residency.

Given his autistic syndrome, he does get distracted during medical procedures. When his mentor was diagnosed with cancer what was going on in his head interfered with treating the patient who almost died. 

That puts him and the hospital at risk for  malpractice lawsuits. Also at risk, of course, are patients' lives. 

But, "The Good Doctor" is fiction. So, Dr. Murphy might survive the ordeal in next week's episode.

Tonight was the second half of the quarantine emergency at the hospital. Because of a SARS-like virus, the ER and surrounding areas were off-limits. No one could leave or enter. Among those trapped were some with medical emergencies.

No surprise, Dr. Murphy had a meltdown during the chaos. A power that be videoed him on the floor in a fetal position. His medical colleagues knew how to get him back on his feet and serving patients. He went on to deliver a baby, saving the infant and the mother both.

Meanwhile, in another part of the quarantined area, the doctors ignored a DNR. They saved the man and got him ready for a transplant. That went fine for him but his estranged father, the donor, died after the procedure.

Two of the doctors involved are also on the hot seat, just like Dr. Murphy. The previews show that there is a push to have all three lose their licenses.

It will be interesting to see if art mirrors life.

In real life, no medical institution could "afford" both in terms of malpractice insurance and branding to have those three retain their licenses. Yes, all three are outstanding, caring medical doctors.

But there are laws. There are also expectations that medical doctors will abide by patients' wishes. Another expectation is that the surgeon won't become preoccupied during a procedure. 

Next week's episode should be interesting from a legal and public relations point of view. It could also be soul-wrenching since we know the doctors meant well. 

Surprisingly, despite this absurd plot line, "The Good Doctor" is popular. 

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

Sport No Longer Cool - Lawsuits, Plunging Property Values

In the mid 1990s, we ambitious professional women were encouraged to learn how to play golf. Sure, it was a difficult sport and not cheap. But the networking opportunities were positioned and packaged as growing and growing. 

That was then.

Millennials never took to the sport. Maybe it's too slow a game, without enough of comprehensive workout. Maybe it's too complex to learn. There is also the cost. It's a generation born into stagnant wages.

Whatever the reason, golf is no longer a must-do for business or a recreational activity looked forward to.

As Candace Taylor reports in The Wall Street Journal, since golf became not cool, there have been lawsuits against members of golf-oriented social clubs who stopped paying their steep dues. Initiation fee can be as high as $70,000 and monthly dues $1,000 or more. 

Way back then when golf was popular and a prime business networking tool, it make good professional, social, and recreational sense to buy a house in a development surrounding a golf course. Usually the house was sold at a premium price and membership in the "club" was mandatory.

However, not only has the popularity of golf changed. So have people, their interests, and their budgets. Some have stopped paying dues. They are being sued. Others have requested a refund of their initiation fee. They are being put on a waiting list. That can number 60 applicants. 

In addition, if they want to or have to sell their houses they are facing a perfect storm. Mandatory membership in the club is demanded as a term and condition of purchase. That limits the pool of buyers significantly. In addition, there are fewer buyers to begin with since fewer want to be based around a golf course. If that golf course has been closed down, usually the property is neglected. That's an eyesore in terms of the appearance of the development.

The bottom line has been a plunge in market values. Many had paid a premium price to buy in. Now they are coming to the reality that they have to sell below what they paid - sometimes a lot below. 

Playing golf was not a fad. It was a long term trend. Therefore, those caught up in this legal and financial pickle can't be blamed for recklessness. What is happening more and more simply happened to them: Lots changed.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

Legal Marketing - Yes, You Must Succeed in Tough Game of Placements/Quotes in Third-Party Media

Everything changes. Especially in how to promote products, services, brands, causes, points of view, ideas, and oneself.

The legal sector will be increasingly impacted. It is facing upstart competition from sources ranging from tech entrepreneurs to global professional services players such as PwC which have entered the legal space. 

Now, it's back to the soul-wrenching experience of getting placements and being quoted in third-party media.

Yes, those are media outlets with gatekeepers. They range from old-line print like The New York Times to digital natives such as TechCrunch.

We have to get back nurturing relationships with the gatekeepers, then figuring out how to pitch. Leveraging our own media/social media has less and less reach. 

Once we succeed with third party media, then we have to repurpose, in OCD manner, that content - through our own media platforms, social media, curated sites, and email. We can also use that clip to pitch to other third-party media. Members of the media pay attention to what other members of the media have published. 

Here is the must-do I published on Odwyerpr.com today on how to get back into the third-party media game - and win, despite the odds.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

More Fallout from Andy Rubin Payout - "Martin v. Page"

Last week the ghost of the massive payout to Andy Rubin returned to haunt Alphabet, parent of Google.

As many recall, an internal investigation found credible an employee complaint of sexual harassment by Android phone executive Rubin. When he and Alphabet parted ways his exit package totaled $90 million. There were also other monetary treats involved. 

That triggered a walkout by thousands of Google employees. One result was that the corporation ditched its mandatory arbitration provision for employees reporting sexual abuse and allowed class action litigation.

More recently, two shareholder derivative lawsuits have been filed by investors. Essentially, they contend mismanagement of the Rubin matter. That resulted, they claim, in consequences ranging from waste of corporate assets to unjust enrichment.

The more interesting of the two is "Martin v. Page." Among the defendants are Alphabet's board.

The litigation contends improper payout, failure to disclose publicly why Rubin was going, and the company's making an investment in his new venture. The plaintiff James Martin is being represented by, among others, the Renne Public Law Group.

The litigation doesn't request a specific amount of money as restitution. Instead it asks for the return of all the profits and compensation by those in the loop of alleged sexual harassment. In addition, it requests changes in the corporate structure, including nominating three new candidates to the board. That goes to the heart of governance issues.

Likely, these investor lawsuits will embolden other constituencies to go the litigation route. If any of the lawsuits go to trial, Alphabet's inner workings will be made public in the courtroom. That's why these two, at least, will be settled.

Meanwhile, there is a souring of attitudes about tech, both in the U.S. and the EU. A sign of that is the questioning of the value of the smartphone.

After almost a decade of being tethered to the iPhone, I have switched to a low-feature flip phone. That has given me more control over my professional life. 

A growing fantasy among executives and managers is living in a cottage, somewhere off the grid.

The new anti-hero is Christopher Knight who spent 27 years in an isolated part ofthe Maine woods. The detailed chronicle of how Knight made it without a job, human companionship or sophisticated technology is recounted by Michael Finkle in the book "The Stranger in the Woods."

Sigmund Freud's notion of civilization and its discontents could be recast as disruptive technology and its discontents.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

Employment Contracts - Non-Disclosure Clauses and Other Mandates Which Must Be Made Bullet-Proof

The negotiation part of Megyn Kelly's exit from NBC ended last Friday. The former Fox political commentator got her full $69 million, despite an early departure from her contract. 

But the negative consequences of its ill-fated hire will play out for probably much longer than the television network could have anticipated.

At the top of the list of the fall-out could be the influence, power, and very career of network head Andy Lack.

In the New York Post article about the payoff to Kelly, Lack is cited for poor judgment. Among his "sins" was hiring this abrasive personality for a soft newsmagazine in the evening (which had been pitted against hard-hitting "60 Minutes") and the folksy late-morning segment of "Today." Kelly couldn't engage an audience.

Another error in judgment was allowing Kelly's compensation to be public. Success in television broadcasting requires team work among talent. Once the $69 million number reached insiders, it became the night of the long knives. Kelly was frozen out. That was when she had no depth of understanding of softball television. 

Could Lack wind up the scapegoat? That probably depends on how much mischief Kelly could indirectly cause.

The negotiations took so long because of the battle over what Kelly could disclose about her ordeal at NBC. That means she has an agenda to push back. She is also determined for a comeback through her strength: political reporting. With the 2020 election on the horizon, she should be receiving job offers. Any success she produces in her Next will reflect poorly on how NBC managed this star. 

A third negative spinoff could be a hit to the collective confidence at NBC. It's not difficult to conclude that it hasn't yet healed from the allegations surrounding the forced-out Matt Lauer.

Meanwhile, ABC keeps hitting homeruns.

With David Muir as anchor, its evening news programming is number-one.

Muir has taken on the mantle of a comforting Walter Cronkite for these unusual times.

Aging "20/20" is keeping the juices flowing with blockbuster two-hour segments about real-life puzzles.

Among the winners had been the probing of why Colorado husband and father Chris Watts might have committed the triple murder of wife and children. A smart move, there was no definitive explanation. More recently, we were left to connect the dots if "Baretta" actor Robert Blake was guilty of murdering his wife Bonny Bakley. 

The bottom line on the Kelly mis-hire is that she is proving to be no one to mess with. She seems to combine a Machiavellian mindset with training as a lawyer. For a while, she had been an associate at BigLaw firm Jones Day. Any organization hiring her better create a bullet-proof contract for everything ranging from the mandate to be a team player to non-disclosure before, during, and after the hiring.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

"Gupta v. U.S." - Second Circuit Upholds Conviction

The ruling in "U.S. v. Neman" redefined "insider trading" in a way that let Michael Steinberg off the hook. He had been an employee at Steve Cohen's SAC, which has since be shut down.

In his aggressive pursuit of being declared innocent of insider trading former McKinsey head Rajat Gupta hand appealed his conviction the Second Circuit ("Gupta v. U.S."). That relied on an interpretation of "U.S. v. Neuman" and contended the jury instructions were in error.

The Second Circuit didn't buy that.

As Bloomberg reports, Gupta will continue going through life branded as a criminal. Meanwhile, since his release from prison in 2016, he has been struggling for a comeback in business. That has gotten traction in his homeland of India where he continues to be revered, especially for his philanthropy. However, not much progress has taken place in the U.S. For example, his former employer McKinsey won't restore his name to its alumni list. 

Here is my analysis of that anatomy of that non-comeback.

Incidentally, hedge fund genius Steve Cohen is also not winning at the comeback game either.

Although Cohen was never arrested, his brand was hit hard as the feds arrested a number of the employees of his SAC. They went to prison.

Cohen, however, was barred by the SEC from accepting outside money from investors for two years. When that was up, he created hedge fund Point72. Last year that only generated for investors a 1% return on their investment. Here is coverage of Cohen's disappointing performance. Meanwhile Bridgewater Associates' Pure Alpha Strategy hedge fund killed it. 

Takeaway: Investing in a career comeback is a wild card. There's no predicting results.

Unlock hidden value through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

 

 

The Non-Comeback of Hedge Fund Master Steve Cohen

In the good old days of SAC, master of the universe Steve Cohen averaged about a 30% ROI for investors.

That was then.

He had been banned by the SEC to accept outside investor funds. After the two year hiatus was over he launched hedge fund Point72. Bloomberg reports that fund earned investors 1% in 2018.

In contrast Bridgewater Associates' Pure Alpha Strategy fund yielded a 14.6% ROI for investors. That was even though many other hedge funds were, like Point72, floundering. 

Investor money could drift away from Cohen and new funding might not come.

Is Cohen finished? This will be a closely watched drama in 2019.

Out of the Box Communications = Unexpected Results

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