Law And More

Boies Schiller Transformation - In Speeded-Up Business Cycle, The Past Quickly Can Become Irrelevant

Partner defections?

Allegations of a too aggressive litigation style?

Media pile-on?

Questions about conflict of interest?

All that, darkness associated with Boies Schiller's past, could be becoming irrelevant to its branding - or, more accurately, its rebranding.

Given the accelerated pace of business, what counts is the now. Call it The Zen of Business. Now is the fundamental of the Zen philosophy. 

Stakeholders don't care about Microsoft's falling behind in the tech world. They focus on what Microsoft is about currently. The same applies to laggard IBM. Its recent split into two hasn't impressed myriad watchers of its stock. So, its now is not promising as transformation.

For distressed Boies Schiller it could be a very different story. A major move forward in its transformation has been the work of partner Sigrid McCawley. She represents alleged Jeffrey Epstein victim Virginia Giuffre. Last Thursday, McCawley's defense team achieved the release to the public of Ghislaine Maxwell's 2106 deposition.

As The Guardian reports:

"This document ... is among about a dozen long-awaited Maxwell files that have been unsealed, with the first filing involving Epstein accuser Virginia Giuffre’s lawyer alleging the British socialite avoided a question 'about allegedly adult sexual activity related to Jeffrey Epstein.'" 

Therefore, it's no surprise that McCawley has been designated Litigator of the Year by American Lawyer. Law.com framed that recognition in this way:

'There aren’t too many 408-page transcripts of evasive deposition testimony that would warrant Litigator of the Week honors. Then again, there aren’t too many cases like the one lawyers for Boies Schiller Flexner have been handling for Virginia Roberts Giuffre for the past half-decade-plus."

Given how many unanswered questions are associated with Epstein, Maxwell and other big-name players such as Prince Andrew, this story is major. And, it's exactly the media platform Boies Schiller requires for a comeback. 

On other fronts, the law firm is also focusing on restructuring. As FN reports, that has included:

• Like many other elite law firms, becoming more cost-efficient through RIFs of staff
• Consolidating 13 locations into six or seven
• Promoting new talent, moving away from relying on the singular star founder David Boies
• Beefing up bankruptcy and restructuring practices, including lateral hires.

Partners and promising associates still with Boies Schiller could decide to stay put. Fresh talent can decide to interview with the firm. Client churn can be reduced. And prospects could be more receptive to a pitch.

Congratulations, Sigrid McCawley.

Meanwhile, Paul Weiss and its chairman Brad Karp have developed a branding aura during numerous lateral hires of Boies Schiller partners. 

Overall, the branding game has mutated into the challenge of sustaining the unique positioning and packaging. Differentiation is mandated reality. Elite law firms have developed the confidence to pull away from the herd. That has included decisions about:

• Fall bonuses (not being intimidated by high-profile bonus wars).
• Representing controversial clients, without an apologia.
• Layoffs of lawyers (despite political incorrectness of that tactic).
• Building or beefing up practices through aggressive lateral activity (which in itself has become a branding tactic).
• Expanding out of traditional boundaries of practicing law. (Multiple sources of income are losing its stigma.)
• Ignoring protestors (that is, blowing off establishment and tabloid media coverage)
• Marketing in new ways. Law firm CMOs can embrace Substack.

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Insight into Raw Rage, From Marlon Brando

The confluence of COVID-19 and a dicey economy is unleashing a tsunami of raw rage. That could reach from the client biting your head off to the murder down the block to parts of city going up in flames. 

But even in more tame times rage has cost society much. Also, individuals have lost their freedom. Jails and prison are packed with those who let their rage run its course.

In addition, my hunch is that frequently associates don't make it to partner in the highly political environment of the law firm because of rage under their internal floorboard.

Obviously, those anger management courses haven't been effective in reducing rage. 

However, help could be coming from a surprising source. That's Marlon Brandon. Last year, a new Brando biography- "The Contender" - was published by William J. Mann. 

The total dynamic of rage, from its source to simple ways to push it down (as Brando thought about it), is made so clear. No one needs to take Psychology 101 or tune into Dr. Phil. 

Here's what you will get from "The Contender":

• Rage can take shape because of an abusive childhood. The trauma of that may never go away. So much for the platitudes of healing. REPEAT: If you were an abused child, as Brando had been, you can be embedded with the kind of emotional setpoint that results in your throwing a punch after what others consider a minor assault on your dignity. 

 

• Own the rage. Through years and years of therapy and meditation Brand accepted that there was that force within him that it was his responsibility to control it.

 

• It's possible to create a DIY in your head to prevent the rage from rushing up to the surface - and getting you in trouble. As Mann notes, Brando was admired but not widely liked or loved. The tactic to manage the rage is analogous to what some anger-management courses teach: Find the midpoint in that powerful feeling. That is between being a doormat and exploding. Place the emotion at that safe midpoint. Then, stop. Think.  

If you are part of the post-book generation, however, the 624 pages could be too formidable to even order from Amazon or check out from the public library (they are open again).

That's the rub in this amazing resource for rage management. The author is a professor. Likely he leveraged researching and publishing this tome as a needed credential for his academic career. No surprise, although it's well-done and an engrossing read, it only ranks in the 200,000s on Amazon. It should rank higher.

Those with no intention of plowing through "The Contender" can grab onto this takeaway: Admit your childhood was that bad. Recognize when rage is building up. Push it down. Hold that position.

According to Mann, Brando finally did achieve peace of mind. That's what he chased. Not fame. Not even to create great art through his acting. 

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"Christine Crawford, et al. v. McDonald's USA" - Paul Weiss Defense Lawyer, Woman of Color, Requests Dismissal

Timing is everything, at least in the court of public opinion.

This is the era of an accelerated push for racial justice. Driving that have been the high-profile alleged acts of police brutality. Some have been linked to fatalities of people of color.

In September, more than 50 black former owners of McDonald's franchises filed federal class action lawsuit in Illinois "Christine Crawford, et al. v. McDonald's." Here is a copy of the complaint. 

Today, the defense, represented by Paul Weiss partner and former U.S. Attorney General Loretta Lynch requested that the lawsuit be dismissed. Part of her edge is that she herself is a woman of color. She had served in the Obama Administration. Brad Karp heads Paul Weiss, which had been able to make this key hire. 

The arguments made by the defense include that the franchise contract contains no promise of success and that the corporation has no incentive to create systemic discrimination that would reduce its own earnings. 

The plaintiffs allege that McDonald's essentially put them on a financial suicide mission. As Mike Snider reports in USA Today, they contend:

" ... that the company steered them to operate restaurants in 'economically depressed,' communities and 'dangerous locations.' These store locations had high rent and operating costs and were likely to generate lower sales than comparable ones elsewhere ..."

That cost structure, the plaintiffs claim, involved higher than average insurance and security expenses. From 1988 through 2018, they operated 200 stores. Overall, that alleged systemic discrimination against blacks triggered bankruptcy decisions. Meanwhile, they contend, McDonald's gained from its access to consumers in those neighborhoods.

Obviously, this class action and the defense have attracted quite a bit of attention. There is no predicting how the court of public opinion will position and package all this within the context of racial justice. 

Recently, McDonad's global General Counsel Jerome Krulewitch had retired because of Parkinson's. A search is being conducted for his replacement. 

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Dog Fight in Search - Heidrick & Struggles

"Like industries across the country, and the world, executive search was devastated by the initial impact of the COVID-19 crisis. But a newly-released Q2 report on the industry by recruitment software developer Thrive suggests that recovery may be closer than many people expect." - HuntScalonMedia, August 18, 2020.

Whether the search for professionals is going on for public corporations or for law firms, there's a dog fight to be assigned the search. Next, is the challenge of completing the search.  

Given the high uncertainty in the global economy, new kinds of skills are required for both parts of the recruiting process. One is extreme competence in Emotional Intelligence (EI). Before Dan Goleman brought that term mainstream, that used to be known as "soft skills." 

If the recovery can maintain traction (doubtful as COVID-19 circles back in Europe and the U.S.), the question is how will the major players in executive search such as Heidrick & Struggles do? Probably more to the point, which competitors can even hold their own if the recovery falls off the cliff?

Yes, hear the hungry dogs growling about this one.

Admittedly, I am operating on a very small sample: They were two experiences I had in one traumatic day with Heidrick & Struggles. One was with a global partner. The other was with a lawyer in the corporation's in-house legal department. Soft skills? Didn't bump into them any time that day. Here is my story.

Meanwhile, next week Heidrick & Struggles will do its earnings call. Last July, that didn't go so hot. 

Wall Street analysts expect a year-over-year decline in earnings because of reduced revenues. Bank of America has already reduced its stake in Heidrick & Struggles.

That Moment of Truth:

Question:

Would I recommend Heidrick & Struggles to my clients who are restructuring and searching for new kinds of skills? 

Answer: No. I remain undone by two encounters of the strangest kind with Heidrick & Struggles. Some stuff, it seems, you just can't shake.

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Lateral Market - Don't Dare Go Near It W/O (big) Book of Business

Smirk Smirk Smirk.

"Firms have taken less of a chance on hiring partners with smaller books of business or so-called service partners. Recruiters have noticed a slowdown with one-off partner moves. Instead, firms are looking for proven winners amid a recession." - Christine Simmons, Law.com, October 22, 2020.

The platitude in professional services such as law is that the number-one asset is the talent. However, with so many new variables impacting the sector, that talent is only of value if it has already achieved considerable success. Talent per se? That's something Mr. Rogers would sing about. 

So, for potential? Forget it. There is no shortage of raw young talent clamoring to be admitted to the Up or Out system of The Law Firm. Most of them will never make that shift from promise to productivity (3,000+ hours, hauling in new business).

Yet, naively, disgruntled associates and magical-thinking law students leverage the talent argument. They frame their beef about no fall bonuses or a law firm's controversial client on the contention that such decision-making is driving away talent.

For a entry level salary of near $200k, there will always be a glut of talent applying. If, once inside, it can't exceed what's expected it can no longer take refuge in the identity of "potential." 

This isn't unique to the law firm ethos. In those other professional services, ranging from public relations to marketing, what's becoming a standard question to applicants for both jobs and gig assignments is: What business are you bringing in? The hiring process will yield a better outcome for those who have a uncle who needs promotional services.

What I tell those I coach: A brandname now is the price of entry. Focus on developing and enhancing yours through multi-dimensional achievements and self-promotion.

The Future of Work is now. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

 

Pedophilia - Revulsion Blocking Treatment

"Pedophilia Is a Mental Health Issue. It's Still Not Treated as One." - Shayla Love, Vice, August 24, 2020.

Pedophilia is where love for someone of the same sex had been in what seems like light years ago.

The revulsion associated with sexual attraction to children has impeded research as well as any attempt to get treatment.

That's even the situation for those who are plagued with fantasies but never acted on them. For them it's been difficult to gain access to medications known to tame those intrusive thoughts.

Equally challenging is locating mental health professionals who understand such a mindset. If they do, then they fear the therapists will report that pattern of lustful thinking to the authorities.

What they do have are self-help groups such as Virtuous Pedophiles and the Association for Sexual Abuse Prevention.

Those who move from fantasy to actual molestation and wind up incarcerated also can't expect treatment. In contrast, there are modalities available in the correction systems for addressing alcohol and drug abuse. Twelve-step program Alcoholics Anonymous is packed with members who initially sobered up or got clean in jail or prison. Common is the exclamation: Getting locked up was the best thing that ever happened to me. Otherwise, they assume they would have drank themselves to death or overdosed.

Those in the front lines of having pedophilia understood and treated as a mental illness will face myriad obstacles. Meanwhile, the suffering for all in the loop is profound. 

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Lawyers/Law Students - The Preferred Professional Persona Has Been Mutating into "Refreshingly Boring"

Presence is everything in professional life. Lawyers certainly know that. It's a critical factor in success, ranging from the negotiation table to the courtroom. 

Several decades ago management consultant Tom Peters called that your "personal brand." 

Now it's thought of more like the expected business persona. 

And, as Joel Mathis observes in The Week, currently that persona is "refreshingly boring." So, lawyers relying on theatrics should probably revisit that mode of the presentation of the professional self. 

Essentially, this stylistic shift is a push-back against the bombast of U.S. President Donald Trump. Mathis puts it this way: "There are signs that Trump's act has grown old." In contract, Joe Biden is boring. 

So, as you lawyers (and law students) go about your business, you have to focus in on what  "boring" looks like, sounds like and be experienced as by all your constituencies.

Essentially, "boring" is a form of transmitting the message that you are sincere - therefore trustworthy. You are not attempting to conceal who you are or your motives behind the various forms of charisma. 

Examples of the "refreshingly boring" style include:

• Ohio Governor Mike DeWine. Since the very early days of COVID-19, DeWine has been laboring tirelessly for the people of the state. He's cautious. He's there, with regular pressers. He's, well, quite boring. After the pandemic recedes and the economy stabilizes, DeWine will probably be drafted for a national office. Even though he is a Republican, he would be a good fit for a boring Biden Administration.

 

• ABC's evening news anchor David Muir. The most flashy he gets is to open the broadcast with a little drama about "breaking news." He pulls back on his personality to let in those who are the news. He gives special space to human beings making a difference. 

 

• Dr. Anthony Fauci. "60 Minutes" featured what a regular kind of guy Dr. Fauci is. There was even a scene of his making an Italian dish. He and his wife seem to live quiet lives. The low-key presence signals that his mission is to reduce suffering during the pandemic - not leverage it as a platform for a career homerun. 

Right now, are you too "out there?" Usually, as a guide for those I coach, I say this: Small changes can have big impacts. Just tone it down a bit. Don't eliminate the unique human being your are. 

Meanwhile, as the preferred professional style is mutating, keep an eye out for the successful players in the legal sector who avoid theatrics. Analyze what they do and don't do. Then figure out what you could add or delete from your own manner of presenting yourself in all your roles.  

 

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Litigation Funding Isn't Going Away - Burford Capital Listed on NYSE

"Burford Capital made its first appearance on the New York Stock Exchange on Monday, becoming the first litigation funder to be publicly listed there." - Stephanie Russell-Kraft, Bloomberg Law, October 19, 2020.

Since 2009, Burford Capital has been listed on the London Stock Exchange. It is the largest litigation funder, with a portfolio of $4 billion. It funds litigation for 93 of the AmLaw 100 and 89 of global law firms. Most law firms wants to keep that partnering confidential.

Being listed on the NYSE will give Burford access to more investors. The larger the pool of investors the lower could be its cost of capital.

During the first half of 2020, it gained $478 million, a 40% increase from a comparable time the year before,

However, it slashed commitments in the second half. Among the reasons is that law firms, preoccupied with the new uncertainties because of COVID-19, are less interested in the funding issue. Also courts remain closed or operating on a limited basis. There is also the "credit risk." That is, Burford fears that in settlements or verdicts against them, defendants will file for bankruptcy. 

However, this listing on the NYSE sends the message that litigation funding is here to stay. Meanwhile conservative trade associations such as the U.S. Chamber of Commerce continue to oppose that strategy for making lawsuits possible, even for non-deep pockets.

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Jeffrey Toobin Back in the Soup Again - Theatre of The Private Part

Suspended.

That's the action The New Yorker took to deal with the conduct of its star legal writer Jeffrey Tobin.

As Joe Patrice reports in Abovethelaw, Toobin was accused of showcasing his private part during a Zoom call between members of The New Yorker and WNYC Radio.

Toobin contends that he didn't realize the video was still in progress. However, since he apologized to his wife and family for the appearance of that extra guest on Zoom, few are buying his explanation of inappropriate conduct.

This isn't the first time Toobin has been involved in as scandal because of behavior linked to sexual whatever. The New York Times noted in an article that the married Toobin and lawyer Casey Greenfield have an out-of-wedlock child. There had been a high-profile custody battle connected with that offspring.

The real story here, though, is not the busy life and times of Toobin's private part. Rather it is a public relations one. Can Toobin restore his reputation to the point that he could resume his role as a popular legal journalist?

His appeal comes from his ability to simplify the complexities of law to inform and entertain Main Street. Will that audience abandon Toobin? And is he on short time at the prestigious The New Yorker?

There are plenty of legal journalists out there who can cast spells on those who are fascinated with the America's legal system. Along with Patrice, there are two other legal journalists at ATL who know how to engage. 

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PowerScore, Chicago/Online - Law School Admissions Consultant (part-time)

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