Law And More

The Law Firm in 2021: Jabs, Branding, and Being "Double-Humped"

The politics and the theatre of the vaccination issue have pivoted into a branding one.

For example, early adopters in announcing mandatory jabs have been positioned and packaged as heroes. Those range from chairpersons David Sanford at Sanford Heisler to Brad Karp at Paul Weiss. In a sense they have been "Profiles in Courage," as John F. Kennedy understood that term.

No surprise, the entire law-firm niche currently gets it how important in reputation management is the jab policy - along with the decisions about the return-to-the-office and when.

Chairperson at Akin Gump Kim Koopersmith receives lots of space in Bloomberg Law in the announcement: no access to the office until two weeks after being fully vaccinated. Also, circling back to the office has been rescheduled from September 13th to October 11th. That might be wishful thinking. 

Obviously, the legal sector is getting it that, just as with the Influenza pandemic, the world is going through a second round of COVID. That, just like how influenza circled back in 1918, could be more virulent than the first hit. Back in the early 20th century, chronicles Lawrence Wright in "The Plague Year: America in the Time of COVID," the phenomenon was called being "double-humped."

A double-humped law-firm industry could ride this out smoothly (despite all the announcements and backtracking) if it doesn't panic. Remote had been proved out. Evidence of that had been the windfall profits of 2020.

The rub, of course, could be possible pressure from clients such as Morgan Stanley by way of Chief Legal Office Eric Grossman. They could be impatient to have all lawyers on the account back in a formal office setting, very soon.  

A premature return to the office could involve tremendous risk. Even with the abundance of caution, COVID could spread through an office. The jabs don't guarantee much. As played out in Provincetown, MA, some of the fully vaccinated did contract the Delta variant. The most optimistic take on going through the ordeal of the jabs is that if contracting Delta, the experience probably won't be life-threatening. 

The outbreak of COVID in a law firm could derail that brilliantly engineered assembly line to get the nuts and bolts tasks done which implement partner strategy. Associates could wind up beig stuck at home, too sick to even do work remotely. Also, it's a brand issue. The law-firm leadership would be vilified for "allowing" the plague to take over the lives of the workforce.

Of course, there are no right answers.

In "The Plague Year," Wright notes:

"In 1918, Americans were facing the same confounding choices they would a century later."

With the brand in play, law-firm chairpersons are in a pickle they probably never anticipated. On this one, they have to think beyond business to old-fashioned ethics. In a sense, this is the ESG moment for the ethos of the legal sector. Forced could be a massive rethinking of culture. 

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Antisemitism - Social Networks, Well, Useless in Defusing Hate

"84% of posts containing anti-Jewish hatred were not acted upon by social media companies. Facebook performed worst, failing to act on 89%, despite announcing new rules to tackle the problem."  This is a finding from the recent research by US/UK nonprofit Center for Countering Digital Hate (CCDH). Here is the CCDH report. 

The social networks which were essentially useless in defanging the hate are, in addition to Facebook, Twitter, Instagram, YouTube and TikTok. That covers the main territory.

Ironic. Remember when social networks were introduced. They were celebrated as forces for good in society. Everything from personal connection to sharing information/insight were to become more accessible. And, for free. 

Initially there were outbursts of gratitude for the new, user-friendly and no-cost platforms. Those who had been adopted located their biological brothers and sisters. All those cat antics were fresh kinds of entertainment. And just click on one of the online videos to find out how to fix your computer or motorcycle. 

Then, darkness fell fast.

Some of that was direct, as in hate speech.

More of it was indirect - that is, sins of omission. Moderators didn't remove antisemitic postings and ban the posters from the platform.

That leaves us with the question: What will put the brakes on the escalating antisemitism?

If not slowed down there could be "Another Squirrel Hill."

Back in 2018, there had been a fatal attack on the Jewish community in Squirrel Hill. 

I had lived in the Squirrel Hill section of Pittsburgh when it had been the model of an assimilated community. It had been a Jewish Ph.D. psychologist there assisting with a VA cancer ward who allowed me to interview the patients for my series of articles on Making Today Count. Those in my portfolio helped me pivot from freelance to a full-time media job at the University of Pittsburgh. 

That easy flow of diversity in Pittsburgh probably had contributed to the ability of Pittsburgh, unlike Younstown, Ohio, to retrofit its economy after the collapse of the steel industry. Currently Pittsburgh thrives with healthcare, education, and tech.

Obviously, that live-and-let-live ethos was then. Like every other urban area with a heavy concentration of Jewish people, Squirrel Hill remains a target. And for violence. 

So, it comes down to this: Can the influence of large law firms accomplish what social networks haven't? That could play out.

At Paul Weiss, the chairperson Brad Karp mobilized about 50 law firms in an initiative to oppose antisemitism. They range from Cravath to Skadden. Big  Guns in BigLaw.

Next to media, BigLaw is probably the most powerful institution in America. That always was. Now, that power is amped up almost exponentially as progressive law firms redefine their businesses to include social justice. Hate groups, including those against Jews, have no idea what they are in for. 

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ESG Investing - The Halo Can Get Wobbly

Like wellness and healthy eating, ESG investing has a halo effect.

But, that halo could become wobbly. That's exactly because, again just like wellness and healthy eating, there's no clear definition what constitutes an investment which does double-duty: delivers a return to shareholders and does good for society.

It's a little bit of a stretch to say that an ESG investment can be whatever you call an ESG investment. But not that much of one.

On the Bloomberg Law podcast "Parts Per Billion," David Schultz explains how loosey-goosey this investment niche is. It represents an essentially unregulated area. Yet trillions are in these investments globally. 

That could start to tighten up. In the Biden Administration there is an overall focus on more disclosure for investing in general and specifically for ESG funds. SEC proposals for this could begin to be released in October or November. Probably the first step would be to put in-place a standard for what could be classified as an ESG investment fund.

In addition, the CFA Institute is also pushing for guidelines as to what constitutes an investment labeled ESG. 

Meanwhile, as Schultz points out, this lack of regulation hurts every player in the game. A scandal about one investment could throw shade on all ESG investments. Think about it. There is an expose about one investment. Quickly, it could become obvious that no one knows what the hell an ESG investment is or isn't. The niche could be shaken to the core. Billions or even trillions could be lost.

Obviously, the corporations in which those ESG investments are made could also be caught up in any unraveling. Their halos could also become quite wobbly as more questions are asked.

Are they really green or green enough? As with Exxon, there could be board coup.

How they manage their global supply chain is downright inhumane, isn't it? An outcry follows to dismantle that chain.

They call that "diversity?" We will boycott you until you get real on that issue.

In any event, even before an actual scandal, close scrutiny is bound to kick in as those SEC proposals become discussed in the business and legal media. There could be that Ah-Ha moment among investors.

Riding to the rescue could be the ESG practices which major law firms have established amid all the current controversy about what is the role of the public company today. An early adopter in that has been elite law firm Paul Weiss, headed by social-justice activist Brad Karp. On its ESG website, Paul Weiss states:

"Interest on the part of investors and other corporate stakeholders in environmental, social and governance matters has surged in recent years, and the current economic, public health and social justice crises have only intensified this focus. We are committed to providing guidance on critical sustainability and ESG issues for companies and their in-house counsel."

More specifically, Paul Weiss puts its ESG mission this way:

"Business leaders face greater pressure to increase their organizations’ resilience while simultaneously addressing social issues of importance to stakeholders. Our advisory practice helps companies navigate the legal, business and political ramifications of developing and implementing ESG initiatives. We advise on matters such as stakeholder engagement, corporate governance, crisis management, corporate social responsibility, sustainability, diversity and inclusion, ethics and compliance."

The interesting thing about this particular law firm is that it is a Wall Street one. That could mean that its clients and those financial firms which could become clients could experience a crisis in their ESG investment lines of business. The law firm also would have to get right in there on that too.

Reflection: Over and over again it happens that the halos planted on X or Y are wrongly placed. The corridors of business are filled with saints soon enough judged sinners. The most recent example of that is Bill Gates. Yet, the halo ritual goes on and on unabated. 

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Becoming an ESG Company - Expected, But Not Easy

It seems like light years ago when BlackRock's Chief Executive Officer Larry Fink told shareholders that it was necessary to go beyond the bottom line. Added to that, Fink explained, had to be a contribution to society. That was 2018, recounts Thomson Reuters.

Fink's statement constituted part of the foundation on which ESG (Environmental Social and Governance) has been built out.

Elite law firms such as Paul Weiss, chaired by Brad Karp, soon had full-service ESG practices. Paul Weiss' had been started in April 2020 Here's how that particular law firm defines its ESG mission:

"Business leaders face greater pressure to increase their organizations’ resilience while simultaneously addressing social issues of importance to stakeholders. Our advisory practice helps companies navigate the legal, business and political ramifications of developing and implementing ESG initiatives. We advise on matters such as stakeholder engagement, corporate governance, crisis management, corporate social responsibility, sustainability, diversity and inclusion, ethics and compliance."

However, Thomas Reuters points out that  many midsized and small businesses haven't yet developed an ESG mindset, policies, and initiatives. "Becoming an ESG company" is now expected. That assumption had been accelerated during COVID when business was considered part of the we're-all-in-this-together ethos.

But without the resources of a giant corporation starting on the ESG journey can be so challenging that it seems unthinkable. Those businesses recognize that ESG is a whole different kettle of fish than the old-line Corporate Social Responsibility. 

At MasterCard the Executive Vice President of Corporate Sustainability Shamina Singh provides in the Thomas Reuters article tips for midsized and small businesses to take the first steps.

The first of those is to seek out legal counsel. Paul Weiss, an early adopter in the ESG space, saw how much ESG issues would intersect with legalities. During the Biden Administration that will be even be more the case. Actually its aggressive regulatory stance could make it necessary for all business to loop into versions of ESG.

Singh also fingers the importance of a business to know its strengths and then leverage those in ESG. For example, that might be with its location in an inner city and unique network of contacts it can be innovative in diversity. It could even develop a template for large corporations to use. Its ESG approach doesn't have to be to implemented in all three of the traditional parts of ESG. Yes, businesses can and should choose their shots. Business X can be known for green in packaging. Business Y for pivoting to a transparent culture.

To stretch limited resources, those midsized and small business should seek out partners. Sources for that range from other businesses to clients/customers and vendors. The partnering can include access to models which have been effective. 

And, Singh emphasizes that it's not only possible to be proactive. It's the way to go. Don't just sit there and wait for a crisis. Pilot initiatives now.

Of course, there's the question: Is ESG a craze, the business version of the hula hoop, not a sustainable (to use that in word) trend? On a pragmatic, not theoretical, basis that's irrelevant. Right now most constituencies be they investors or consumers expect the presence of at the very least ESG values.

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Activision Blizzard's Workers Did Walk Out - Bobby Kotick's Crisis Management Was Too Little, Too Late

The drama at video-game creator Activision Blizzard hasn't let up. 

There had been a chance it would. That was when the head guy Bobby Kotick did a mea culpa and announced he had contracted with law firm Wilmer Hale to investigate allegations about a "frat house" culture.

Before that, the California Department of Fair Employment and Housing had filed a lawsuit against the corporation for sexual misconduct and more. The more includes that only 20% of employees are female. Employees experienced Kotick's reponse to that lawsuit as tone-deaf. They threatened to walk out. 

Kotick had been struggling to prevent the employees from doing that yesterday. But walk they did.

The Guardian reports:

"Employees of Activision Blizzard, the video game company that produces World of Warcraft and Call of Duty, staged a walkout Wednesday morning to call for better working conditions ... Hundreds of workers gathered outside the company’s headquarters in Irvine, California, Wednesday morning while others, unable to attend in person, took part in a virtual protest."

Yes, that made a nice photo-op for the media.

Also, as Bloomberg reports, fans are threatening a boycott.

Meanwhile, the stock is still down. After the announcement of the lawsuit, it had plunged. Yesterday it had closed at 84.82. That was down from the 52-week high of 104.53.

So, what should other corporatons be pondering? They have to ask themselves:  Could we be the next Activision Blizzard? And what should we do about that?

The first stop should be, obviously, at your law firm. Cutural issues are pivoting into legal landmines. Activision Blizzard is the most recent example of that.

If your law firm is state-of-the-art as is Paul Weiss, it will have in-place a practice customized to help you navigate both internal and external crises as values keep shifting in business. The common moniker for that is ESG (Environmental Social and Governance). Essentially ESG focuses on what has been added to corporate responsibilty beyond the bottom line. That ranges from the well-being of employees to protection of the enviroment. 

Chaired by Brad Karp, Paul Weiss launched in April 2020 its ESG practice. Here is what it does: 

"Business leaders face greater pressure to increase their organizations’ resilience while simultaneously addressing social issues of importance to stakeholders. Our advisory practice helps companies navigate the legal, business and political ramifications of developing and implementing ESG initiatives. We advise on matters such as stakeholder engagement, corporate governance, crisis management, corporate social responsibility, sustainability, diversity and inclusion, ethics and compliance."

Note that its mission explicitly includes "crisis management."

The meme-in-waiting could be: Not being the next Activision Blizzard.

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Playing It Safe, Complaining Has Become Unattractive - Apple Brings Back Masks, Paul Weiss Requiring Vaccinations

"Apple to Require Employees, Customers to Wear Masks in Many U.S. Stores - The company has also told workers in corporate offices to wear masks regardless of vaccination status" - Bradley Olson, The Wall Street Journal, July 28, 2021.

As the cliche goes: This isn't our first rodeo.

Very quickly we got it: We are back in (serious) trouble with COVID. And, of course, we feel foolish putting out there all those Post-COVID memes. There was also all the advice we dished on how to manage business or the university or a law office in the new normal. That new normal turned out to be old-COVID. But hopefully with wisdom this time around. 

Of course, chastened us don't believe the optimism in another article today in The Wall Street Journal. It proclaims that, yes, COVID has resurged "but Western economies are adapting." We have had a belly-full of happy-clappy. Our portfolios took a hit during the past few days. 

Meanwhile, we salute those who are on the front lines, like Apple, in mandating playing it safe. Those include law firm chairpersons requiring vaccinations for the return to the office. They range from Brad Karp of Paul Weiss to David Sanford of Sanford Heisler. 

But all isn't The Great Gravitas. Gawker is back. Yeah, that's the mean-spirited digital tabloid which the nuclear verdict of $140 million in "Hulk Hogan v. Gawker" disappeared. Resurrected and headed by EIC Leah Finnegan it's fun and funny but w/o the brittle. For instance, one article is "Space: The Lamest Frontier." Click in here for some gentle out-of-the-box. No paywall.

The new etiquette: Complaining about aspects of playing it safe has become unattractive. 

UPDATE:

Fried Frank has joined other large law firms in requiring vaccinations when coming into the office. Here are more details from Bloomberg Law.

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Gawker - It's Back, It's (soft) Funny

Today in the early morning Gawker came back. It had disappeared (the first time) after reputation-protection lawyer Charles Harder won the $140 million nuclear verdict in "Hulk Hogan v. Gawker." Venture capitalist Peter Thiel helped finance that litigation. Yes, one version of litigation funding. 

Gawker's current editor-in-chief Leah Finnegan welcomes us (those in arrested adolescence) back. In his letter he asks us to have an open mind and open heart as we re-enter that dimension of what was once called "snark."  

Well, by the edition's first list of articles it seems that the fun is there but softened. None of that super-mean ethos of previous owner Nick Denton. 

Among the articles are:

Space: The Lamest Frontier

Pfizer Offers Free Boob Jobs

CDC More Like Can't Decide CanYou

Americans Said, Friendship Ended, According to a Survey

Yes, in this latest round of COVID, we want/need fun again. No more great gravitas contemplation of life and death. But leave out the brittle in the offbeat point of view. 

If Gawker maintains this tone and content it can build again an audience. Anyway one of its major targets - Fox News founder Roger Ailes - is dead. No temptation there to dish the dirt too aggressively.

Good luck, Leah.

Down memory lane: Gawker had launched the career of Ana Marie Cox. She had been its Wonkette. 

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Too Jewish, Too Gay, Too Whatever for a Female - Myth of the Melting Pot

"Jackie Mason, When Told He Was Too Jewish, Stuck With His Shtick" - James R. Hagery, The Wall Street Journal, July 28, 2021.

Jackie Mason succeeded, despite being slapped down with the labeling of "too."

Of course, he must have struggled emotionally. But on a professional level he made it big. And, that's what matters most in America. This is America, not some country with a less careerist ethos.

And, in America, judgments are harsh. Despite whatever efforts could be made on reputation restoration for Bill Gates, he will wind up The Unforgiven. 

That goes back to the self-righteous Puritans. That value system still prevails. Just listen to the tone and language used by Morgan Stanley's Eric Grossman about law firms serving his account circling back to the office full-time. Grossman could have fit in nicely as a Puritan hellfire-and-brimstone minister. 

The majority of those who weren't a perfect fit with American social norms (as well as being from central casting in a professional persona) have suffered. I know that from doing career coaching. For men, for instance, they were "too short" for the perfect executive image in Corporate America, at least back before the era of wildly achieving oddball entrepreneurs. 

There has been and still is the "too gay." Fortunately, America has a good legal system. "Too gay" Sargeant Keith Wildhaber won $2.8 million in damages and $17 million in punitive damages. The jury agreed that the St. Louis police department blocked his promotion because he didn't fit how those in law enforcement should look, talk, walk and more. 

Women, especially those who are lawyers and mothers, are being hammered (despite third-wave feminism) about just about everything. One recent dustup had been in the American Bar Journal about what a lawyer-mother should say or not say about career obstacles. 

As is obvious, the negative assessment of being "too Jewish" or Jewish at all still dominates. Actually, it is escalating.

Again, I know.

Although I am not Jewish, I have been harassed in the midwest and even in looser Arizona because it was and is assumed I am a "New York Jew." Call that "antisemitism lite." The "evidence" used to persecute me in that way include my deep Jersey City, New Jersey accent and Eastern European facial features/body style. (Also, since I grew up in a Jewish neighborhood I fall into Yiddish slang but I cut that out as too dangerous. I don't want my car keyed.)

Incidentally, late novelist Philip Roth focused a lot on ethnic self-hate. He might have been onto something big. That could be the missing piece in trying to figure out how Yale Law School one-time star team Jed Rubenfeld and Amy Chua (Tiger Mom) fell from grace. 

The elephant in the room on this one is this: Can this blatant kind of discrimination change?

Well, those in the front lines of diversity are trying.

Everyman and Everywoman are being encouraged by coaches, therapists, and loved ones to "be themselves." That simulates, of course, the Dove meme that everyone is beautiful.

Also, powerful institutions such as the law firms in BigLaw are bringing issues such as the current antisemitism mainstream and pushing back against them.

For example, at Paul Weiss its chairperson Brad Karp organized about 50 other law firms to come out strongly against antisemitism. Paul Weiss has also been an early adopter in initiatives for nuts-and-bolts social justice. Among the accomplishments has been the COVID Resource Center. Through it, even those COVID victims living paycheck to paycheck can gain access to assistance.  

Maybe the first stop in all this, though, is to dismantle cherished American myths like the melting pot. Yeah sure.

Vividly I recall the nuns at St. Boniface Roman Catholic grade school, based in the tenement district of Jersey City, socializing us children of immigrants to The American Way. That included the all-American breakfast. No more Polish pancakes. Nonono. Guess for me that didn't take. I continue to be sized up as way "too Jewish."

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Activision Blizzard - Beyond the Lawsuit, Threatened Walkout, $8 Billion Drop in Stock Price to Question of Prevention

Workplace culture, again.

And again there is the issue of a leader's being tone-deaf.

That's what Chief Executive Officer of Activision Blizzard Bobby Kotick admitted to being, reports Bloomberg Law. He did that to prevent a walkout of employees tomorrow. Here is his letter to constituents, including the employees.

That walkout was planned as a response to the corporation's perceived lack of an appropriate response to the filing of a discrimination lawsuit.

That complaint is "California Department of Fair Employment and Housing v. Activision Blizzard."

Here is a copy of the complaint.

And here is the press release on that filing from that Department.

Essentially, it is an allegation of an "Animal House" type workplace culture. The more up-to-date language for this, of course, is "frat-boy culture."

In addition, as is becoming increasingly standard, today Kotick contracted with law firm WilmerHale to conduct an internal review of the accusations in the lawsuit. Meanwhile also today, the stock lost 9% of its value, documents Insider. Since the filing of the lawsuit last Friday the market value of the video-gaming company has gone down almost $8 billion. Activision Blizzard is known for its popular video games such as "Overwatch," "Call of Duty," and "Candy Crush."

Some of those observing this rapid unraveling of a supposed cool video-game brandname as overdue. The alleged frat-boy antics were supposedly long embedded in the culture. 

The smart crisis management today by Kotick is a sign that the corporation can turn this around. Investors can probably expect the stock to begin rebounding.

Unlike equally tone-deaf Eric Grossman at Morgan Stanley and Jamie Dimon at JPMorgan Chase, Kotick fixed his initial blunders. Currently he is following the fundamentals of crisis management. Not only did he do his mea culpa. He also took the action of authorizing a respected law firm to do the kind of investigation which mainstream America found out existed during the allegations of sexual misconduct at Fox. Those actions send the right signals. 

However, the elephant in the room is this question: Could all this have been prevented? And, will investors begin to expect preventive measures. If they have not been taken, the CEO could be fired. Already, reports The Wall Street Journal, that is happening. It is more likely that CEOs will lose their positions for a failure in managing a social issue than a financial one.

If a corporation such as Activision Blizzard has on retainer a law firm or multiple law firms which have ESG practices (Environmental Social and Enviromental) couldn't there have been proactive guidance and actions taken? That is, those heading the ESG practices alert the client to the risks - legal, political, branding, stockprice, and customer relations - related to both values and actual behavior. Next, there are recommended initiatives. 

Do the current roles of lawyers, at least in ESG practices, include that of culture coach?

Some ESG practices such as the one created in April 2020 at Paul Weiss by Brad Karp are structured to cover that kind of territory.  Following is the mission statement. Note the language and tone are about guidance. 

"Business leaders face greater pressure to increase their organizations’ resilience while simultaneously addressing social issues of importance to stakeholders. Our advisory practice helps companies navigate the legal, business and political ramifications of developing and implementing ESG initiatives. We advise on matters such as stakeholder engagement, corporate governance, crisis management, corporate social responsibility, sustainability, diversity and inclusion, ethics and compliance."

In addition, law firms such as Jenner & Block which have practices specifically focused on toxic workplaces also can come to provide proactive guidance. The target market for that would be businesses blind to how they are operating right on the cultural third rail. 

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Not the Millennial Way and Other Matters of Culture, Legalities and Innovation - From Jones Day to Wall Street to BigTech

"Financial transparency is an extension of the way young adults conduct the rest of their lives, including their openness on social media." - Svati Kirsten Narula, The Wall Street Journal, May 3, 2021.

Another generational shift: Millennials regularly share information about their salary and other money issues. The implications are huge for old-line organizations like Jones Day which make it a matter of culture to keep compensation secret. In the war for talent, the Jones Days could find themselves quite unattractive to youth.

This goes beyond the numbers in the paycheck, of course. Cultural matters are huge. McKinsey & Co. found that culture directly impacts financial performance, creates differentiation (think brand), and accelerates the ability to adapt to change. 

And, increasingly, the members of the workforce are shaping the culture. That could mean, for example, remote is here to stay. The Conference Board survey found that 55% of Millennials are reluctant to return to the office. 

But it isn't only the Jones Days which have plenty of rethinking to do about the soft stuff - that is, values which create the human touchpoints (as well as the contractual policies) for a business.

Employee activism has become the norm in BigTech such as Apple and Amazon.

Media centers are making a list and checking it twice about what cultures are naughty and which are nice. Then they zero in with punitive coverage. Post the Trump phenomenon, that's the new clickbait. 

And, consumers expect the brands they're associated to walk the line in social justice.

The transformations which will be in play increasingly will involve law firm ESG (Environmental Social Governance) practices. They have to.

That's because the shift to a culture co-created by myriad constituencies is complex and characterized by plenty of passion. It can't avoid hovering near the third rail of legalities. Consumer activist Ralph Nader taught Everyman and Everywoman to go to court. Business should expect plenty of legal action.

Law firms had to anticipate this. And, in April 2020, law firm Paul Weiss, chaired by Brad Karp, did just that. It launched a comprehensive ESG practice which covers it all - soft and hard. 

Here's the short version:

"Paul, Weiss’s Sustainability and Environmental, Social & Governance (ESG) Advisory Practice helps clients develop integrated ESG strategies that safeguard corporate reputation, mitigate risk and leverage opportunity."

The edge that law firm has in this - both in branding and operationally - is that it also has been an early adopter in inventing new approaches to addressing social justice issues. Classic now is that COVID Resource Center it engineered through a collaborative effort with thousands of lawyers from other firms. Of course, that's been a life-saver, literally, during this Delta variant. 

Not hyperbolic: Only that kind of innovation in resetting cultures could prevent the diaspora of talent.

Meanwhile, Wall Street is already losing a generation of workers.

Top-down tech corporations like Apple could also find themselves in that pickle.

Jones Day? Time will tell.

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