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Jane Genova Communications Portfolio for 2021

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New York City Is Back - Law Firms Have to Maintain Prominent Presence There (think trophy building)

"More than half of adult New Yorkers have had at least one vaccine shot, and Covid-19 cases and hospitalizations are dropping sharply. Museums are back to 50% capacity, and movie theaters are at 33%. Soon, a midnight curfew on bars and restaurants will be lifted. 'Shakespeare in the Park' is coming back, albeit with an abridged schedule." - Bloomberg, May 1, 2021.

New York City did die. But now it's back to life, documents Bloomberg. And, BusinessInsider adds that the urban exodus out of New York City is a myth.

Obviously, law firms, both large and mid-sized, have to maintain a prominent presence there. That means everything from a trophy building to decent-sized square footage. Prospects for new business will again expect an experience inside one of those iconic New York City offices and to eat elegantly in a brandname restaurant. Bring on the expensive wine. 

Of course, the leasing price per square foot will start to rise again, too. That could cut into PPP. So the bounce-back of New York City is not exactly a happy ending for equity partners. In addition, they could be expected to resume travel. That expense will also eat into PPP and the amount of billable hours they were able to generate by not traveling. 

Since they will be ponying up the money for that positioning and packaging, law firms will be squeezed to impose back-to-the-office mandates. The question is: Will the lawyers come back? They could join in the spirit of the Googlers' rebellion about having to return to the office.

The Future of Work presents myriad challenges for law firms left fat and happy after 2020 windfall PPP.

Small changes can trigger big success in your career and your business communications. Swing by for a complimentary consultation (janegenova374@gmail.com)

"Wilson v. Peloton Interactive" - Potential Class Action Lawsuit, Filed by Investors (earlier had been "Albright v. Peloton Interactive" by Consumers)

"Peloton Interactive Inc. allegedly failed to tell investors that its Tread+ product could injure or kill children and pets, according to a new would-be class lawsuit filed Thursday in federal court in New York." - Jennifer Bennett, Bloomberg Law, April 29, 2021.

Essentially the complaint, which could evolve into a class-action lawsuit, alleges that Peloton was aware of the dangers to children and pets of Tread+.  But did not inform investors. Here is a copy of the complaint, filed in U.S. District Court Eastern District. Plaintiff is represented by Rosen Law Firm.

The stock price plunged the Monday following the Saturday warning by the U.S. Consumer Product Safety Commission on April 17th that Tread+ was a danger to children and pets. Already one child had allegedly died after being sucked in. Others allegedly have been injured by Tread+, including fractures.

By the close of the stock market on April 21st, the stock price was down 14%.

In addition, on April 21st, consumers filed lawsuit "Albright v. Peloton Interactive," reported Bloomberg Law . Here is a copy of the complaint which seeks class-action status. That had been filed in Federal court in California. What's contended is that there had been a misrepresentation of the safety aspect of the Tread+. The contention is that the corporation put the Tread+ out there as family-safe. Cutter Law represents the plaintiff.

Another issue, in addition to the lawsuits, is how Peloton Interactive is handling the public relations or branding crisis. So far, the corporation seems to be ducking the fundamentals of crisis management. 

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Jones Day Brand - Playout of the Urban Cockroach Parable

" ... no matter how sharp the cringe you feel any time Jones Day is mentioned, it’s sobering to see everything detailed in one omnibus work. The Revolving Door Project and People’s Parity Project just released the second report in their ongoing Biglaw Revolving Door Series, tackling Jones Day this time around and it’s a doozy." - Joe Patrice, Abovethelaw.com, April 29, 2021.

Most of the players in the legal sector already are quite aware of the usual allegations about Jones Day. They include:

Inappropriate sexual behavior

Representing any wrongdoer, ranging from BigTobacco to BigLeadPaint

Gender bias

Frat-boy culture

The extreme lack of transparency of the black box.

Now Patrice, culling from the second report of the Biglaw Revolving Door Series, points out how everywhere Jones Day manages to be. Most recently, that extends all the way back to the Obama Administration through the Trump one and now in the Biden Administration.

One way of capturing its power and influence is with the analogy of the urban cockroach. City folks know that well. At the George Floyd memorial Al Sharpton alluded to the cockroaches of his youth. 

Essentially the dynamic is: Once you get one cockroach, the rest just keep coming. 

All Jones Day has to do is get in-place one of its partners like Don McGahn in the Make America Great Again 2016 election campaign, for instance.

The rest is history.

McGahn parachuted into alleged control of the White House legalities and has been alleged to have been Donald Trump's personal attorney. Along with him he brought about a dozen other Jones Day lawyers into federal government. Currently McGahn is back as a partner at Jones Day, armed in his work with an amazing network from government and the private sector.

Through that kind of infiltration of key legal positions, Jones Day gets the distinct edge in planning the strategy for litigation, negotiating transactions, attracting new business and preventing churn.

Research shows that cockroaches are among the most resilient animals on planet earth.

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Joe Biden's 100 Days Magical for Brand America

"What a difference a 100 days makes… America’s image overseas has improved by an average of nine points since Joe Biden took office, according to a Morning Consult political tracking poll of 14 countries." - Kevin McCauley, Odwyerpr.com, April 28, 2021.

Among Biden's smart diplomatic initiatives to restore Brand America has been to rejoin the Paris Agreement climate pact. Also, Morning Consult determined that the Biden message "We're Back" has been a touch point around the world.

The poll measured net favorability. That is calculated by subtracting the unfavorability measure from the favorable one.

The biggest gain in net favorability has been in Germany. That now stands at 47%.

As for other nations, here are the net favorability percentages:

Japan - 39%

France - 37%

Canada - 32%

U.K. - 30%.

Time will tell how Biden's address to Congress this evening will impact that net favorability for Brand America globally.

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Case Against Boies Schiller Partner Joshua Schiller Dropped - But Issues Still Hover

Boies Schiller partner Joshua Schiller is off the hook for what was alleged to be domestic abuse. As Joe Patrice at Abovethelaw reports, the district attorney essentially said there was no case. In addition, an internal investigation by Danya Perry of Perry Guha also cleared Joshua.

However, issues remain.

At the top of the list is nepotism in law firms. Joshua is the son of the firm's co-founder Jonathan Schiller. Suppose this pickel Joshua has been in damaged the firm's brand and ability to attract new business? Because he is the son of the co-founder, the matter is this: Would it have been impossible or unsually difficult to fire him? That's a central concern about nepotism.

Another issue is the protocol for law firms during crisis. Patrice indicates Boies Schiller did lots of that right. For example, it released information in a timely manner - a best practice in crisis management. But what more could have been done or approached differently?

Currently, Boies Schiller is a damaged brand for reasons that have nothing to do with Joshua's run-in with law enforcement. The media focus now will shift from the Joshua saga to the macro problem of reputation restoration at Boies Schiller.

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Coca-Cola Mum - Bradley Gayton Gossip Titillates

At Bloomberg Law, Vivia Chen puts it bluntly: The optics for Coca-Cola's  General Counsel Bradley Gayton's abrupt departure are awful.

Along with that, Chen adds to the speculation aka gossip about what led up to that development. Since this situation involves an old-line Southern corporation, diversity issues and a Black GC who receives a wildly large pay package the gossip is totally titillating. Pile on that Coca-Cola's ambivalent stance on Georgia's voting rule. Here is my contribution to the speculation.

Obviously, Coca-Cola is embedded in a crisis. Yet, the mum position taken by its Chief Executive Officer James Quinceyn violates a fundamental of crisis communications. That's to disclose as much is known at the time and promise to keep releasing more information as soon as it's available. Consequently, Quinceyn has become an object of scrutiny. In the Woke era that's a bad spot to be in. 

Coca-Cola the corporation isn't sitting pretty either. Myriad constituencies are gunning for it. Those include Republicans swigging Pepsi on-camera. 

Meanwhile, major institutions, be they corporations or law firms, should be skittish about discussing diversity initiatives. 

UPDATE:

As yet, reports Bloomberg Law, Coca-Cola hasn't walked back the controversial diversity initiative put in place by Gayton. It not only mandated outside law firms doing new Coca-Cola's business use 30% lawyers classified as minorities or disabled. Those not meeting that quota would be docked 30% of the legal fee.

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Former Sidley Austin Partner Kent Halkett Shares His Struggle with Mental Illness in ABA Journal

"Back in the day, I ran with the big dogs in BigLaw. Now, after suffering with clinical depression for more than 20 years and surviving a suicide attempt, I am happier than ever in the legal profession. My mental health journey is a cautionary tale, but one with a message of hope." - Kent Halkett, ABA Journal, April 23, 2021

Before darkness began to descend, Halkett had been a litigation partner at Sidley Austin. Now he has the mission of being on the front lines of bringing hope to others battling what scientists still don't really know much about. If you have been in this box, you know well how little the supposed experts know. 

Had Halkett been out there telling his story before another Sidley Austin partner - Gabe MacConaill - committed suicide, that life might still be continuing. 

Halkett confirms what MacConaill feared: Disclosure of any mental illness in the legal profession can damage a career. Halkett's career had certainly been sidelined. 

In an open letter, MacConaill's widow Joanna Litt discussed her husband's suffering and his refusal to go to the emergency room when he felt overwhelmed. If that became known, he sensed he would be finished. Litt tried to give him a way out. They could downsize their lifestyle and he wouldn't have to go on with the pressures of BigLaw.

Anyone who has experienced mental illness probably suspects MacConaill was no longer about to make rational decisions. Instead, he impulsively chose for the pain to stop by killing himself.

Halkett's outreach was too late for MacConaill. But it's not too late for others practicing law or in law school. Embracing the reality of this disease and seeking treatment might change your career and your life. However, you will still have a life.

Full Disclosure: I have been in this box since age 11. In addition to clinical depression I struggle to manage an anxiety disorder. 

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Prince Andrew - England Is Known for No Second Chances

"Prince Andrew remains by far the least popular royal, with 79 per cent of Britons holding a negative view, and just ten per cent seeing him in a positive light, according to the poll."  - Faith Ridler, Daily Mail, April 27, 2021.

America is known as the land of second chances. That bunch of misfits who couldn't make it in the old country made it their business to succeed in a new land. In the process they established what was for centuries the most powerful economy in the world. 

The ethos in England is very different. There is a hardening of what was. Charles Dickens captured that doomed trajectory of a life in his novels. That hasn't changed, at least not much.

Shade thrown on him through the Epstein sexual exploitation scandal, Prince Edward can't seem to rebrand. That was reflected in the royal decision that he could not be in uniform for his father's funeral. 

Meanwhile, in America Harry and Meghan might have to strategically plan for a second chance at fame and influence. Surveys such as that by YouGov document the plunge in their approval rating. That has gone down even more after the royal funeral.

However, they seem oblivious that they don't count for much any more. Daily Mail reports that they continue to instruct world leaders such as Joe Biden what to do. The question is: When will media outlets come to simply ignore them? No more star snaps of Meghan rubbing her belly?

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Yale Law School's Amy Chua aka Tiger Mom Could Be in For Second Spanking

Here is the alleged smoking gun: It is an account by anonymous students who claim to have attended Amy Chua's dinner parties. The document has been provided by Joe Patrice at Abovethelaw.

Chua aka Tiger Mom is a high-profile Yale Law School professor. She is also a best-selling book author. And she is well-connected in the legal sector.

Through a confidential agreement with Yale Law School she had been forbidden to host dinner parties at her home with Yale Law students.

Part of that restriction might have been associated with her husband Jed Rubenfeld's suspension from teaching at Yale Law for two years. There had been allegations of sexual misconduct. Here is my article, published in Odwyerpr.com, about reputation restoration for Rubenfeld. Now his spouse Chua might need some of that.

Yale Law School had removed Chua from the function of overseeing a small group of 1Ls next fall because she had been accused of violating that agreement. In response she sent a long-form defense. The tone was one of outrage.

Now this: A document, with a link to it provided above, is circulating around Yale Law School rebutting Chua's denial of not hosting dinner parties during the time she had been prohibited from doing so. 

Since this issue has become a sustained story in the legal media, Yale Law School might have to review its first spanking and decide it will be compelled to administer a second. That might have to take place in order to preserve its own brand.

The second spanking might be much more severe. Could Chua, like her husband Rubenfeld, be suspended from teaching? 

Obviously, her own brand is now play. Further action on violation of the agreement can derail her career. It will certainly be a major news story. And if Chua is again inept in public relations on how to handle this she could find herself in more of a reputational crisis than the pickle Rubenfeld has been in.

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