Law And More

Planet Lead Paint - Shift from Advocacy to (Big) Money

When I was blogging the iconic Rhode Island lead paint public nuisance class action trial, the formal public relations focused on advocacy. That was November 1, 2005 until February 22, 2006. 

The defendants promoted public policies such that the landlords were responsible for making the residue of lead paint safe. Another was that federal and state initiatives had already addressed most of the hazard.

The plaintiff and the child activists supporting them argued that children were not safe where they should be: their own homes.

When I interviewed jurors after the verdict went against three of the defendants, including Sherwin-Williams, one woman hammered that stance. She felt so strongly that children must be safe where they live. 

Years later, the RI Supreme Court threw the whole case out. 

That was then.

More recently, both the California Supreme Court and the U.S. Supreme Court refused to review the conviction of the defendants, including Sherwin-Williams, in the west coast version of a lead paint public nuisance class action lawsuit.

As expected, that has opened the door to other municipalities and plaintiff lawyers working on contingency filing similar lawsuits. Currently two have been filed in counties in eastern Pennsylvania. Here are details. More are anticipated, not only in PA but in other states.

This time the rhetoric, on both sides, seems to have a lot to do with money.

For instance Jones Day, representing Sherwin-Williams, contends that lawyers are motivating county officials to file the lawsuits because of the contingency fees. Those can reach one-third of the verdict or settlement. Here those statements, part of Sherwin-Williams' lawsuit to halt those two PA lawsuits, are quoted in Forbes. 

Meanwhile, municipalities can certainly use the lead-paint abatement funds from litigation to fix that problem in older stock housing. Otherwise, homelessness can increase, which can hurt the economy of those counties. In San Francisco, the homelessness situation has discouraged conferences from choosing that city. 

Money will become even more prominent if there is an international economic recession. Today, a headline in The Wall Street Journal reads: Global economic slowdown deepens. That, the article goes on to assert, can put U.S. robust growth at risk. The current stock market is hurting the portfolios of too many. 

As for money and the lead paint defendants, such as Sherwin-Williams, they will require a great deal of it for legal expenses as well as verdicts against them and any settlements. Currently Sherwin-Williams is among the CA trial losers which has to collectively pony up $400 million. 

Those public relations firms officially handling the positioning and packaging of the lead paint defendants will have to transcend platitudes. Money as money has a crass image. 

This is Phase Three of the lead paint public nuisance class action litigation. Together the lawyers and the public affairs experts have to prevent it from mutating into "Another Tobacco" or "Another Asbestos." Yes, the courts of law and the courts of public opinion intersect. 

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

Michael Avenatti Arrested for Alleged Domestic Violence

Today, lawyer Michael Avenatti was arrested in Los Angeles for an alleged domestic violence incident which occurred yesterday.

The alleged victim had been his estranged wife. The New York Post reports that when in custody Avenatti claimed that his spouse had "hit him first."

As the world knows, Avenatti represents Stormy Daniels. She contends that in the past she had been Donald Trump's alleged mistress and had received "hush money" to remain silent about the relationship. That contention reached all the way to "60 Minutes."

Given Avenatti's high media profile, it has been bouncing around that he could run for U.S. president in 2020. This incident, if he takes a plea or is convicted, could end that supposed dream.

In addition, if this all proves sticky, it could hurt his legal branding representing female victims of whatever.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

"Caroline Ruiz, et al. v. New Avon and Avon Products" - Filed as Class Action

Distressed Avon should be braced for lots more stress.

This time it will be on its branding as a business that empowers women.

Eventually, the pressure also could be financial if there is a verdict against it in a jury trial or if it ponies up a hefty settlement. 

In addition, there could be a massive shakeup at the top. Male leadership could be replaced with females attuned to the specific needs of employees who are mothers or are in the process of becoming a mother. 

For a while now,  legal and business media outlets have been covering the initial litigation by Caroline Ruiz. She had been recruited by Avon for a procurement position. After a short time with the corporation she requested special accommodations such as working partly from home because of a high-risk pregnancy. She intended to continue fulfilling all her duties. Long story short, soon she was fired, allegedly for performance reasons. She had come to Avon with a great track record. 

What grabbed attention is that Avon supposedly is supportive of women. The reality, though, it came out was this: Its leadership is primarily male. And, according to Ruiz it was operating on the male experience at work as the default standard. 

Since then, the Wigdor law firm, representing Ruiz, has expanded that individual lawsuit into a putative class action, which had been filed yesterday. It requests a jury trial.

The amended complaint  has two clients and three other possibilities, so far. Many more could participate. 

All plaintiffs contend they suffered professional discrimination and some were actually penalized because of issues associated with maternity and child care (e.g. breastfeeding). Here are more details from Jason Grant at Law.com. And, here is a copy of the amended lawsuit. 

The timing of this lawsuit couldn't be worse for Avon.

Not only is it struggling for a turnaround in a changing global cosmetic marketplace.

This, of course, is the era when employment matters related to females are totally high profile.

#MeToo is just the tip of the iceberg. 

More a symbol of the changing values in the workplace is the risk top professional women have been taking in filing gender-bias lawsuits against their well-known employers. That kind of risk-taking is relatively new. But it is being embraced by more female players. 

For instance, brandname employment-discrimination lawyer David Sanford currently is representing, among others, female partners in law firms who contend gender-based bias. That ranges from compensation to promotability.

Sanford had been a pioneer in that, taking on GE in 2007. Unthinkable then, lawyer in the GE legal department - Lorene Schaefer - claimed gender discrimination.

That litigation, requesting $500 million in damages, sought class action status. Here are more details. GE settled before the complaint went to court.

More recently, Sanford's Sanford Heisler Sharp has been the law firm which achieved the settlement for Kerrie Campbell, who had been forced out of her law firm when she sued. Since then, she has launched her own boutique law firm and had been a guest speaker at Harvard Law School, discussing that experience.

Avon also has to anticipate a probable informal boycott. I have already steered clear of purchasing its whatever. Like most baby boomer female professionals, I put up with horrific gender bias, standard back then. Litigation wasn't considered an option by us "good girls." Instead, we would cry. 

Currently, more female professionals have been socialized to think like a lawyer. 

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

 

Jones Day Hires 11 Former SCOTUS Clerks - Pays Up to $400k Bonuses

Part of Jones Day's signature is that it usually is able to hire a record number of former U.S. Supreme Court clerks annually. This year it reinforced that branding.

As Tony Mauro reports in Law.com, the hiring totaled 11. The sign-on bonuses reached up to $400k.

The Class of 2018 was diverse. 

Among the hires were females, Hispanics, and African-Americans. They represented a broad range of ideologies. 

However, this track record in the ability to attract clerk talent didn't pan out in Jones Day's recent pitch to SCOTUS on behalf of its client Sherwin-Williams.

The issue was a request for the high court to review the conviction in the Santa Clara, California lead paint public nuisance class action lawsuit. SCOTUS refused. The conviction stands. There are no more legal resources for appeal. 

Indirectly that opened the doors for Sherwin-Williams to be plunged in a vortex of similar lead paint litigation on the state level. Recently, for example, two counties in Pennsylvania have filed lead paint public nuisance lawsuits. Here are more details. It's not unthinkable that the lead paint litigation could turn into "Another Tobacco" or "Another Asbestos." 

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

Gabe MacConaill - His Widow Joanna Litt Talks from the Heart about "Maladaptive Perfectionism"

On October 14th, brandname  BigLaw bankruptcy attorney Gabe MacConaill took his own life with a gun. He was 42 years and at a partner at Sidley Austin.

At the time he was immersed at Sidley Austin with the bankruptcy of the Mattress Firm. In addition, as his widow Joanna Litt confides on Law.com, he was emotionally and physically overwhelmed.

The umbrella term she uses is "maladaptive perfectionism." That is a syndrome known to destroy high achievers, especially in law and medicine. 

Essentially, maladaptive perfectionism is the loudest voice inside professionals such as MacConaill.

It shouts that good-enough is failure and failure is the end of the world, or at least their professional life.

That inner voice was screaming at MacConaill, discloses his widow, to manage matters at the Los Angeles branch of Sidley Austin which had been hit with partner departures and the exit of one key associate.

There was pressure to up the rankings of the law firm so he assumed he had to do everything right in overseeing the 13 summers.

And, of course, the Mattress Firm legalities were demanding and involved travel from the West Coast to Delaware.

Like so many lawyers, MacConaill would now and then surrender to binge drinking. As we in recovery programs know from experience, in itself, that behavior can trigger the slide into the darkness of clinical depression.

When Litt suggested that her husband deal with the stress by going to the emergency room, he observed that would be the end of his career. Tragically, he decided to end his life instead. Amid the twisted value system of maladaptive perfectionism, ironically that made sense.

May MacCaill enjoy eternal rest and this blog passes along wishes of strength and hope for his widow Joanna Litt.

The author of this blog has experienced a number of suicides in her own extended family. In 2003, West Hartford, Connecticut cognitive therapist Amy Karnilowicz helped rescue her thinking from maladaptive perfectionism.

The mind can be an evil trickster, casting fatal spells.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

Sherwin-Williams - Two Pennsylvania Counties File Lead Paint Public Nuisance Lawsuits, More Could Come

Sherwin-Williams and its legal team at Jones Day likely knew it was coming.

The "it" is the filing of lead paint public nuisance lawsuits by other municipalities when it looked like the U.S. Supreme Court would refuse to review its conviction in Santa Clara, California. On October 15, SCOTUS made that ruling.

Here is my prediction that, given the SCOTUS decision, Sherwin-Williams was wide open territory for such litigation.

The stock price could reflect that. And the shorts could move in.

The legal fees alone will be heavy financial burden on Sherwin-Williams. After that, there could be the additional expense of jury/bench verdicts or settlements.

This is happening at a time when the housing market is down in the U.S. and a few other nations, depressing paint sales. In October, the stock lost 14 percent of its value. 

As many recognized, the odds against the SCOTUS review increased when The Wall Street Journal outed that a 1900 internal memo at Sherwin-Williams acknowledged the danger in lead paint. Yet, not long after, Sherwin-Williams published an advertisement promoting lead paint for residential use.

By partnering with municipalities filing the lawsuits, private law firms working on contingency can earn up to a third of large verdicts and settlements. Collectively, Sherwin-Williams and the other convicted defendants in the Santa Clara lawsuit have to pony up $400 million.  

In Forbes, John O'Brien reports:

"Recently, Lehigh and Montgomery counties [in Pennsylvania] filed their lead paint lawsuits through lawyers in Anapol Weiss' Philadelphia office. The firm is wooing other counties like Delaware, York and Erie."

O'Brien adds that Montgomery county filed its lead paint lawsuit 11 days before the SCOTUS ruling.

Lehigh county signed a contract with Anapol Weiss on August 28th. That specifies a contingency fee of 33.3 percent. Obviously there is plenty of money for private law firms to make. 

Of course, Sherwin-Williams is pushing back. Among its moves is a federal lawsuit it filed on October 22the. In it, it requested that a federal judge stop those Pennsylvania lawsuits before trials get underway.

The particular judge assigned is Nitza I. Quinones Alejandro. He had been appointed by Barack Obama when president. Therefore, the ideology may tend to be liberal. 

Essentially, Sherwin-Williams contends that law firm Anapol Weiss, motivated by contingency fees, has encouraged Pennsylvania counties to sue even though, the complaint states:

" … they do not have evidence that Sherwin-Williams' lead paints or pigments are in or on the counties' buildings or the buildings of their constituents." 

In the lawsuit, Sherwin-Williams also challenges the government authority's to participate in the contingency process. In addition, the corporation brings up the issue of the right of commercial free speech, that is, the constitutional protection it claims to have to promote its products.

As is well known, the court of public opinion intersects with the court of law. Litigation communications has grown to be a powerful and lucrative niche in public affairs. Specialists in public affairs position and package the legal and public policy issues for constituencies such as the media, investors, government leaders, communities, NGOs, and laypeople.

In my perception, so far, the formal public relations for the lead paint defendants have not aligned with the dramatic shift in the tone and content of advocacy communications. In my experience legalese and a corporate voice break down trust. In particular, I sensed that the public relations tactics  did not exploit the possibilities of social media. Here is my analysis of that. I had blogged the Rhode Island lead paint trial (November 1, 2005 - February 22, 2006).

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com

 

Southern Poverty Law Center - Questions of What Is a "Hate Group" and Should That Really Matter

In many circles, being actively against alleged hate groups puts you on the side of the angels. That's so much the situation that being known for that can be, well, profitable. 

In The Washington Post, David Montgomery reports that the Southern Poverty Law Center (SPLA), which lists 953 active hate groups, raised $132 million last year. That had been significantly more than the previous year.

SPLA started up in 1971 to support lawsuits associated with alleged racial bias. Legal advocacy remains a core mission. 

However, it also has made it its "business" to identify, disclose, and monitor hate groups. That certainly seems noble. 

But, as Montgomery explains, there is increased questioning of the criteria used to label an organization a hate group.

What was clear last night on "20/20" was that the ideology of groups against gays and Jews helped trigger the murder of Blaze Bernstein. Those kinds of groups should be outed and investigated. 

However, human experience surely shows that groups with strong opinions much of the rest of society disagrees with aren't necessarily hate groups.

The classic example could be the Roman Catholic Church which has long forbidden its members from using artificial means of contraception - and, of course, abortion. Many others disagreed and continue to disagree with that. However, despite its myriad flaws, the Roman Catholic Church is not a hate group. 

Needless to say, it hurts one's brand to be declared a hate group. Also, that can put the organization or the individual on the radar of law enforcement. In addition, labeling whatever as a hate group can dance on the edges or right into the heart of defamation. 

Given the influence of the WaPo analysis it might be good business sense for Richard Cohen, SPLA president, to back off vigilance of supposed hate groups and channel more resources, including staff attention, to legal advocacy. 

Extreme stances on issues can be just that: extreme. And that is the end of the story. Progress in so many aspects of civilization has been triggered by oddball views which were put out there with great intensity. In the 1960s, lawyer Ralph Nader was perceived as off for making consumer rights a matter of law - and branding.

The concept of hate groups might be reframed to be groups or individuals recommending violence as a method of self expression or reform.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

Respect in the Recruitment Process - Time for a Public Policy

Tone-deaf.

That's the best way to describe the recruitment policies of an established organization dealing with economic development.

I had applied for a contract position rewriting content. Quickly I received a response. I had been selected to create sample content. That would be paid. 

And that was the good part. 

Now for the bad part.

I was explicitly informed that several applicants, including myself, had been chosen to downsize a policy-heavy document. I assume that in addition to word reduction it should be made engaging. The one applicant whom, they judged, was the best writer would be contracted to work with them on a long-term basis. The rest would be throw-backs. 

Insulting?

That's what I thought.

The powers that be at that organization could have simply indicated there was a paid trial assignment. That would have made good business sense.

After I thought about all that and wound up not participating I recalled slaving in my pre-teen days in the contests to name Lassie's puppies. That had been a popular Sunday night series on network television.

Back then the contest was a useful exercise for children to understand the concept of competition. The adults in the family agreed with that and gladly provided the 2-cent stamps to mail the entries.

No, I never did win the prize: 1 of Lassie's puppies. But I salute the producers of "Lassie" for socializing children to the realities beyond the farm where Lassie lived. With my relatives who worked in sophisticated Manhattan I analyzed what my entries might have lacked. The reverse engineering came up with the need for me to be more creative in the choice of names but still remain within the box of warm and fuzzy dogville. 

Now, I am simply puzzled why a reputable organization would lack respect for communications talent. The more enlightened approach would be to simply position and package the competitive element as a necessary screening whatever.

Can those who create public policy make this happen? 

Takeaway: Don't continue with a process that treats professionals like children. 

Hope: Public policies will mandate gig workers be treated with respect. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com

 

Google - CEO Sundar Pichai Giveth & He Taketh Away

Yesterday, Googlers won a big one.

The chief executive officer of Google Sundar Pichai ended the policy of mandatory private arbitration for alleged sexual harassment/assault. 

However, today that's followed by another policy he issued. That's an official limit on what he terms as "excessive drinking." As BusinessInsider reports, Google found that 20% of reported sexual harassment/abuse incidents involved alcohol. 

Pichai has instructed leaders and managers to ban that excess both in settings within the corporation and at offsite events. "Excess" seems to mean more than two drinks.

The threat in this announcement is that if the new policy isn't effective in preventing inappropriate behavior, then the presence of all alcohol could be prohibited. 

Like much of Silicon Valley, Google has nurtured a hard-partying culture. That's no surprise since the tech industry tends to be dominated by youth. 

One wonders if the fun is sucked out of working at Google talent will exit. They can start their own enterprises and enjoy all the fun they want.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

Network Television Is Old-Line Medium - Like Megyn Kelly, Alec Baldwin Allegedly Ignored That

Like Megyn Kelly's NBC Sunday evening talk show, Alec Baldwin's ABC one has poor ratings.

Both can't connect with the audience in a talk-show format.

And the selection of their guests seems all wrong.

And, also like Kelly, Baldwin's behavior embarrassed the television.

For Kelly it was the blackface remark on the third section of the "Today" slot. For Baldwin it was the alleged punch thrown over a parking place.

For a while, gawkers watched Baldwin seem to be penalty-free. Kelly's Sunday show was put in limbo. Then, later she was yanked off the air from the "Today" slot. Currently she is negotiating her exit package with NBC.

Now the shoe, at least the first one, has fallen.

The New York Post reports that "The Alec Baldwin Show" has lost its 10:00 P.M. Sunday slot. Beginning November 18th, it will be replaced with reruns of "Shark Tank." Then, on December 8th, it will start up again in a Saturday 10:00 P.M. schedule. 

How long it will last is uncertain. But given its poor ratings and the reputational trouble Baldwin is in he could find that he could be pushed, as was Kelly, into broadcast oblivion. 

Unlike cable television, the television network cannot tolerate controversial behavior of its stars. 

If Baldwin is banished from Network Paradise, will he, also like Kelly, become an Untouchable? Fox isn't having her back. 

Network television hasn't changed much from its early days when on-air personalities had to be squeaky clean. It's an old medium. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com