Law And More

"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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The Civil War in BigLaw - Dead Wringer for Global Generational Tensions

Media outfits, ranging from establishment Bloomberg Law to advocacy-oriented Abovethelaw, have picked up on the new conflict in BigLaw.

It's showcased in the sustained coverage of which law firms are awarding COVID-19 Appreciation Bonuses and which aren't. 

There is also the questioning of why and how BigLaw firms are representing controversial clients. Out the window is the fundamental that the accused deserve a defense. 

Essentially, it's a civil war.

On one side are the partners.

They control wealth and power - as well as the careers of non-partners. In addition, they could be pulling down annually five-million-plus dollars. That's more than the total compensation for the global general counsel at McDonald's in 2019.

On the other side are the associates and law students who represent cultural change.

Their position of strength (whether they admit it or not) is that within the large law firm they have, relatively speaking, little to lose. The odds are against making partner. Maybe they don't even want that anymore. They could be just playing the game for the experience. Also, their current compensation or what their future compensation as an associate is, compared with partners, peanuts.

Incidentally, the saga of Aaron Charney proved that lawyers can burn bridges and not only land on their feet. They can come out ahead financially. After settling with his former BigLaw employer for alleged sex-orientation bias, Charney could afford a condo in Manhattan. That's in addition to another plum job in BigLaw. 

Meanwhile, in the push-back process associates and law students are learning marketable skills. Those include organizing, looping in allies, assessing and implementing messaging tools and creating brandnames for themselves. About the latter, presence is almost everything in professional life.

Former U.S. President Barack Obama put together a personal brand as a community organizer.

Those kinds of abilities open the door to career paths in politics, leadership in nonprofits, the C-suite in non-traditional corporations and maverick law firms.

That squaring-off between partners and associates mirrors the global upheaval among generations. On an individual level climate change activist Greta Thunberg represents that. Between nations that played out when youth in Hong Kong opposed being controlled by the old guard in China. 

Not that such a conflict is new. There is a vivid visual memory of high noon in 1989 in China's Tiannanmen Square. Years earlier, there was the counterculture movement, symbolized by the British Invasion, that is, the Beatles. In America, that cultural disruption affected institutions ranging from the nuclear family to the academic-industrial complex. 

So?

It makes sense that the career-guidance departments in the T-14 law schools should develop a non-credit seminar titled "Reimagining the Law Firm."

At Harvard Law School, Assistant Dean for Career Services - Mark Webber - might consider piloting such an initiative.

The business reality is this: The law firm will mutate. It's in the self-interest of future lawyers to be thought leaders and/or actual foot soldiers in this civil war. During wars, names are made. Career mobility is extraordinary. To leverage that platitude: A war is a terrible thing to waste. 

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Law School Deans, Beware - America Could Be Breaking "Habit" of Higher Education

"Overall, undergraduate populations shrank by 4%, and first-year student counts fell by 16.1%, according to new data from the National Student Clearinghouse Research Center." - Melissa Korn, The Wall Street Journal, October 15th, 2020.

The fear among educators is that those deciding against attending college this year might not opt back in, when COVID-19 ends and the economy recovers. That is, the "habit" of higher education might be in the process of being broken. That trend, of course, can extend to attending law school. 

Usually, youth flocks to higher education during economic downturns.

What has been getting plenty of attention is the research by the Georgetown University Center for Education and the Workforce. 

Essentially the surprising finding was this: The less education, the higher the starting salary. For example, right out of the gate, those with associate degrees from community colleges earned $800 more a month than the median compensation of those receiving Master's degrees. Another eye-opener was that a degree from an Ivy doesn't necessarily result in a higher ROI than one from a state school.

The mindset about higher education in America could be shifting from The More Education The Better to Invest in The Least Amount of Higher Education as Possible. 

This is not new. The December 27, 2016 edition of The Economist threw shade on the doctoral degree. Not only may it not yield a satisfactory ROI. As the article points out, most of those matriculating are unhappy. Who doesn't know a Ph.D. who is employed for peanuts and no job security as adjunct professors?

Yes, some degrees at some prestigious universities provide a linear path to the overall good life. It was noted that Amy Coney Barrett was the only nominee for the U.S. Supreme Court who had not received a degree from an institution like Harvard Law School or Yale Law School. 

However, if Barrett gets to the High Court that pattern too could be in the process of being broken. The AmLaw 100 might look beyond the T-14 for recruiting. 

What is obvious in the help-wanted ads on Craigslist is this: Employers are more focused on documented experience and the existence of certifications than on degrees. It is well known that many corporations in BigTech no longer require the BA or the BS to apply for a job. 

That habit of the more education the better began with the GI Bill of 1944. By time our generation, born after World War II, was in high school, the "must" was already in-place to "go to college." Those in other tracks in high school, such as shop and secretarial, carried the Scarlet Lettering "NC," that is, Not College. 

Last night, my apartment flooded. The maintenance crew had to pull out all stops to have a plumber agree to come fix the underlying problem. He finally did at 10 P.M. I assume the property complex is paying him a king's ransom. Unlike so many of us white collars, he and other members of his trade can determine the terms and conditions of how they make a very good living.

Full Disclosure: My Ph.D. in linguistics and literation from an Ivy was not only not marketable. It was a liability. Unethical but necessary: I left it off my resume to be able to be hired so I could try out non-academic career paths. That took five long years.

The Future of Work. 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).

Amy Cooper Arraigned on False Reporting Charges - In Addition, There Is the Crime of Unlikability

"Amy Cooper, the white woman who falsely accused a Black bird-watcher in May of threatening her life in Central Park, was arraigned Wednesday in Manhattan on false reporting charges." - Emma Tucker, The Wall Street Journal, October 14, 2020.

Among the charges is that Amy allegedly informed the police that a black man was trying to assault her. If convicted she faces a year in jail. Meanwhile, the case is being adjourned for a month to negotiate a disposition. 

That's the legal part of this story. 

The other part is what goes on in the court of pubic opinion. On a human level, Amy's "crime" is unlikability. Like all "Karens," she sets off emissions of stinking superiority. 

Likability is an important quality to have. In that iconic book about how Washington D.C. works "The PowerGame" by Hedrick Smith, what was hammered is that likability is a source of power. Obviously, Amy has no access to that.

For her, in the court of public opinion, she will never be forgiven. There is one exception. Her victim Christian Cooper indicated that she has suffered enough. After all, she had lost her good job at Franklin Templeton. In society she is a pariah. Christina didn't rejoice that there were criminal charges.

However, so far, the downward trajectory this Karen hasn't seemed to deter other Karens. They, in all their obnoxiousness, keep popping up in the media. 

Full Disclosure: I went to college - one of those all-women ones - with a number of Karens. Unlike Christian, I wish for them all the suffering available. 

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Yes, We're Getting THE TRIAL: Judge Davila Rules "U.S. v. Elizabeth Holmes" Moves Forward

"A federal judge [Edward Davila] in California on Tuesday denied bids by Theranos Inc. founder Elizabeth Holmes and former top executive Ramesh 'Sunny' Balwani to dismiss the criminal charges they face in connection with the disgraced blood-testing startup." - Rebecca O'Brien, The Wall Street Journal, October 13, 2020.

The new trial date for "U.S. v. Elizabeth Holmes" is March 2021.

She, as well as former Theranos executive and her lover Sunny Balwani, have been indicted on two counts of wire-fraud conspiracy and 10 counts of wire fraud. If convicted, each faces up to 20 years in prison. The assumption is that both were aware that the finger-prick technology was flawed, yet pitched it to investors, medical doctors and partner Walgreens.

Holmes' defense team requested the dismissal because, they argued, the prosecution has dragged its feet too long on filing new indictments, some allegations about behavior were too old and the indictment itself had not provided adequate description of the charges. Judge Davilal didn't agree.

The trial is a long-awaited one.

Part of that is the one-time celebrity status of Holmes and the wealth she acquired and lost.

But there is also the grabber that the defendant is a female. That has a wonderful track record for theatre.

The trial of Mary Winkler, who offed her minister husband, transfixed the nation. The tableau her lawyer Steve Farese showcased created so much buzz. It consisted of the wig and platform shoes Mary's husband forced her to wear during sex. She got off with a light sentence. 

Then there was Ellen Pao. She positioned and packaged as a kind of Everywoman who had been done wrong by venture capital firm Kleiner Perkins. Many women bought in. When I posted on this blog and Twitter that I viewed her case as weak, I was vilified.

Pao's personal brand included the MBA from Harvard Business School and the JD from Harvard Law School. Yet, horrors, she got the boot by her alleged big bad employer.

But the jury did not agree with her contentions. They obviously were not cowed by her credentials. The defendant had been acquitted on everything. Before, during and after that litigation the work world wasn't kind to Pao. That should have sent a message to other women who allegedly have spun the kinds of narratives Holmes is accused of doing.

However, given the setbacks on a COVID-19 vaccine and the warning of a brutal second round of the virus, the trial could be pushed out from the March date. Delay, as those in the legal loop know, is on the defendant's side.

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Darkness Can Fall Fast (Quartz for Sale, California Sunday Shuttered) - But Those Who Suffered Enough Are Letting There Be Light

" ... Quartz and California Sunday were publications that both seemed to be thriving just a short while ago." - Joe Pompeo, Vanity Fair, October 8, 2020.

For so many institutions and individuals, darkness has fallen fast. JPMorgan Chase Chief Executive Officer Jamie Dimon predicts that any semblance of normal won't return until summer of 2021.

But, over and over again, there also are instances of those who seemed to have suffered so badly and yet are creating the light.

At the top of the list is James Murdoch.

So long under the thumb of his tycoon father Rupert, James has broken free. With his vestiges of rage and considerable financial resources, he can rebuild journalism. That seems to be his mission.

Many in the legal sector know that three black lawyers have started the black owned and operated Bradford Edwards & Varlack. As its website showcases, it brilliantly differentiates itself from other law firms.

Achieving differentiation, in a sector with so much cookie-cutter positioning and packaging, has become the Golden Grail. Of course, we assumed those black lawyers have suffered. 

The April 2015 article "The Irrationality of Alcoholics Anonymous" by Gabrielle Glaser delivered brutal hit to the AA brand. No, it hasn't been able to shake it. Yet, during COVID-19, some districts have managed to pull off launching and keeping going in-person meetings. That's with no paid help. My hunch is that has been saving lives. Some define "alcoholism" as the disease of isolation. It gets you alone - then kills you. In-person meetings directly addresses that.

In my career coaching practice, I have also bore witness to miracles Download ReimaginingYourCareerWithJaneGenova A disbarred lawyer managed to forgive himself. That's even though his ex-wife and stepchildren hadn't. He returned to his pre-college interest of music, setting up an e-business. Don't most professionals blow it because of self-hate?

An uplifting read for these roller-coaster times is "Humankind" by Rutger Bregman. It puts out there a radical theory: People are decent. 

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Subtext of Bonus Wars: The Pickle Associates (and most millennials) Are In

As recently as the headlines in legal media last Friday, the bonus wars dominated. That's a long time in this era of a rapid news cycle for any story (beyond Trumpworld) to remain marketable to editors. 

So, obviously, there is a story embedded in that story.

The subtext, I have a hunch, is the pickle associates - and most millennials - are in. It's a painful state.

That includes, reports Business Insider, financial stress, burnout from too long hours, loneliness as human connection becomes elusive, and, yes, decline in health, both physical and mental. Overall, that demographic (ages 24 to 39) is aging faster than earlier generations had and are.

Also, suicide, direct and passive, is increasingly common. That drug overdose many would label a form of "passive suicide." The rooms of recovery are experiencing more and more of those. 

Ironically, the millennial plight had been captured in the book "Disrupted" by over-50 Dan Lyons.

Knocked out of the box from his media job (he suspects because of age) he grabbed a position in a startup.

There he observed the syndrome of "Burn and Turn." Enthusiastic millennials were hired in and worked to near death. Then, when they limped away on their own or were pushed out, they replaced by another batch to "Burn and Turn." There was no shortage of new recruits. Startups are the ultimate cool.

That pattern does mirror the Up or Out system of many law firms. Also, there is no shortage of new recruits. Who doesn't want the prestige of being an associate in a brandname law firm! 

Skilled capitalists (that's how they got to the top), the law-firm brass is usually not transparent about who will make it all the way to partner. Therefore, hopeful associates give their all.

Actually, in itself, that's not the end of the world - or necessarily of their physical health and health.

If only they entered that space with the right mindset ...

Associates could come out ahead of what seems like a brutal game by positioning and packaging it as damn-good experience they can leverage. Meanwhile. they are probably enjoying very good compensation. If they can last long enough they can pay off student loans. 

But, come on. The prevailing mindset, thanks maybe to Mr. Rogers, is usually that they will become partners.

However, there's much more contributing to the mess that associates and other millennials are in than simply career fantasies.

Among the drivers are debt along with inflation in fixed expenses such as housing and groceries, escalating employment insecurity in most sectors, great expectations (followed by dashed hopes) about relationships, and stress-induced negative impacts on all the healthcare numbers which signal premature aging. About the latter - as any Baby Boomer like myself will tell you: Worrying about your health can throw shade on your entire existence. 

Since associates lug around some or most of that, it's no surprise that those who didn't receive the off-season COVID Appreciation bonus would become the loudest voice in the legal sector about suffering. The tone was and is downright Dickensian.

One solution, of course, is career coaching. During that, two things can happen. One is the ability to make choices about how to earn a good living. The other is how to up the odds about being successful in that choice. Download ReimaginingYourPersonalBrandwithJaneGenova

The more general one, though, is what just about every gen does as part of "growing up." That's realistically sizing up what is and then struggling to make the best of it. The rub is this: Giving up assumptions or hand-me-downs from parents or high school guidance counselors about how the world is supposed to work.

Those who manage that brutal rite of passage can not only make it professionally. There can be inner peace. Bill Gates shook off the mythology of the higher education system.

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James, The Non-Murdoch - Transforming Media in Post-Trump Era

The end of the Donald Trump Political Phenomenon will likely mean a disruption of media.

Of course, a far right medium like Fox News will lost influence.

On the other hand, The New York Times could wobble badly, only kept alive through a foundation which parachutes in. Many (including Trump) contend the NYT has been kept alive by its signature push-back on Trumpworld.

In the ashes could rise a new kind of media presence: James Murdoch. Yes, he is the son of media tycoon Rupert.

In the NYT Maureen Dowd interviews James at length. (Both it and she could be on short time).

James had left the family business, labeling it as a source of disinformation.

His relationship with his father Rupert and his brother Lachlan is tense (understatement).

His pivot is to reforming fake news. That includes investing in startups whose mission is that. Also, he funds research studying the digital manipulation of society. In addition his wife Kathryn has a background in communications.

It wouldn't be a surprise if James and Kathryn evolve into the media power couple in a post-Trump world. They have the passion, knowledge, connections and money. 

The first collapse could come in gotcha journalism. Instead, as in scientific research, there will be a sincere effort to find the "truth." Not create sensationalistic headlines for their own sake or to manipulate human beings.

In the legal niche, Abovethelaw could face the need to change its tone and content. Having tipsters who share with ATL confidential material from law firms might no longer be saluted as heroic. The ethos of supposed whistleblowing could undergo a redefinition. Motivation could be factored in. Hey, why does this first-year associate, pulling down nearly $200k, have such a beef?

In general media, Buzzfeed could be "excommunicado" (to borrow that phrase from the film series "John Wick.") The fun could go out of exposes.

What more and more of us are aware of is that life is an existential tragedy. So, what relief do we receive from that through the unmasking of supposed miscreants? Bring on the lightness of being and we promise we will be able to bear it.

Actually, some of the unraveling is happening simply as a result of market forces.

Verizon is reported to be shopping around the far-left HuffPost. How predictable has been the angle on content. The tone is the exhaustion of MS. Magazine in its final days. The content is as stale as the plotting of "Desperate Housewives" when writers ran out of ideas. 

The conservative leaning (but toned down over the years) Drudge Report is said to be for sale or needing investors.

Simultaneously, paid newsletters like Substack, which strive for objectivity, are the new cool. Here is my article on that trend, published in O'Dwyer PR.

Therefore, obviously the world is ready for a James-type righting of the wrongs of media. 

In itself that could restore respect for the field of journalism. The sector could have a roaring comeback.

Help-wanted ads for journalists will multiply in number. Higher education will need to expand current journalism programs. In my career coaching for young people, I could encourage them to, yes, prepare for that vocation. It's not a job. - Download ReimaginingYourCareerWithJaneGenova.

You bet, a world suffering from COVID-19 and the worst of capitalism needs a fresh set of heroes. Kathryn and James could be among them.

In addition there are those in the legal community who already have the tools to assist with the carnage of the pandemic and to transform capitalism into a system that benefits all of us.

An example of that is the law firm Paul, Weiss, chaired by Brad Karp. It motivated the industry-wide collaboration creating the COVID Relief Center for victims of the pandemic.

Simultaneously, it has been an early adopter in The Triple Bottom Line, that is expanding capitalism from only chasing profits to the well-being of people and planet earth. That happens in its new practice:  Sustainability & Environmental, Social and Governance Advisory Panel (ESG).

Meanwhile global chairman of Dentons Joe Andrew has been on the front lines of media, looking out for the little guy. The earnestness mirrors the tone and content of a Frank Capra film. Give us more of that, Joe.

The legacy of the Black Plague, document historians, had been an era of regression. The Dark Ages.

It will take a fresh kind of leadership to avoid that globally after COVID-19 finishes with mankind. I have a hunch it is nearly in-place. 

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The Ethics of Relationships (of all kinds) with Opposing Counsel - ABA Issues Opinion

"Lawyers who have a relationship with opposing counsel, be it a friendship or an affair, need to evaluate whether the relationship poses a conflict that needs to be disclosed to clients, a new American Bar Association opinion said." - Melissa Heeland, Bloomberg Law, October 7, 2020.

Relationships with opposing counsel involve a lot of possible configurations. They range from casually running into the opposing counsel once a year at a bar association holiday event to marriage or blood ties. The latter two had been dealt with by the ABA model ethics guide. That covers marriage and blood relatives.

However, given how fluid society is many other kinds of relationships have evolved. For example, what about those sex partners not in an exclusive relationships? The opinion provides for much of that. The guidelines mirror those of ABA Formal Opinion 488 for judges. 

The new opinion is filled with details. Essentially, though, it is about the closeness of the relationship. If such exists then lawyers must inform their clients of that. If the client wants to proceed with that lawyer the decision has to be provided in writing. 

There is also the situation, becoming common, where opposing lawyers might be sharing office space or residences. Much could be possibly disclosed by simply observing the opposing lawyer.

The "tells" include schedules, body language, facial expressions, notes scribbled and left around, phone calls and what's on the screens of digital devices. The spirit of the ABA opinion probably would mandate disclosure to clients. Those clients should be wary about giving permission to proceed.

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Burning Bridges: What We Have Learned From Aaron Charney (and why the risk is less in the wild 2020)

The old wisdom had been: Don't burn bridges. 

Much of that still holds. There is less possibility of a negative experience from the past intruding on your present if you exit it without push-back. 

But, in the volatile 21st century, more and more employees are profiting from burning bridges - and it's not hurting their careers. In fact, more and more are not only landing on their feet but winding up ahead of the usual game.

The classic case had been lawyer Aaron Charney. 

The world went bug-eyed when he sued his BigLaw employer for discrimination because of his sexual orientation. Media, ranging from The New York Times to Abovethelaw, closely followed that lawsuit. 

Most predicted that Charney would never work again, at least not in a good job practicing law. The Most were wrong. He received a settlement large enough to purchase a condo in Manhattan (condos are more expensive than coops in the Big Apple). He also pivoted to another wow position in another elite law firm.

But, not everyone is positioned right to burn bridges. Here are 3 questions to ask yourself:

• What is the risk/reward? For Charney the reward was great since BigLaw is a deep pocket. If the lawsuit ended in his favor, he had a shot at real wealth. Therefore, he did take the risk. In addition, he could look forward to the satisfaction of having done, at least according to his value system, the right thing.

 

• Do you have the emotional strength to endure what the enemies you create can do to you? According to the media reports, the defendants in Charney's lawsuit put him through the wringer. He suffered but he didn't become undone.

 

• If you are blackballed, do you have another way of making a good living? Charney could have launched his own law firm. The media exposure he received during the litigation would have provided a platform for marketing.

Recently, I had burned a bridge with search firm Heidrick & Struggles. Here is that backstory. 

Before, during and after making that move I didn't have one moment of doubt. The pain of not pushing back on what I perceived as inappropriate treatment of me was, I calculated, much greater than any which could come from taking a stand. Any way, in the wildness of 2020, the rules of professional life keep mutating. Burning bridges frequently doesn't have the severe consequences of more stable times. 

The work world has become unforgiving. You may be among those who have to reimagine your career. Affordable coaching.  Make an appointment for complimentary consultation (janegenova374@gmail.com)

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