Law And More

POTUS EO on Competition - Ethos of "Mr. Smith Goes to Washington"

Earnest

Visionary

And, in terms of implementation through more than a dozen federal agencies, a test of the political and management skills of the Biden Administration.

That's the Executive Order on Competition, which you can read here. Its 72 initiatives cover everything from non-compete clauses imposed on low-wage workers to mergers. 

The platitude applied to sum up its ethos is to circle back to the priorities of "trustbuster" Teddy Roosevelt.

However, the more insightful way to capture what it is about is to resurrect the spirit and the messaging of "Mr. Smith Goes to Washington."

Essentially that 1939 film, directed by Frank Capra, celebrates the power of doing the right thing on behalf of Everyman (or what Joe Biden refers to as the "little guy). The movie's protagonist Jefferson Smith represents the ultimate whistleblower about what has gone so wrong in America. 

In the Capra world, those noble causes win out. Like now, back then it was a time of crisis. The background for "Mr. Smith" was The Great Depression. Now, the times are about the uncertainties of the Post-COVID economy (along with the return of COVID), surging inflation and hardened polarization.

Watching "Mr. Smith" this weekend can be uplifting. Downright inspiring. 

However, this weekend the little guy whom Biden is determined to help could be wondering what really will play out from the 72 initiatives. And how much will it improve the life of the little guy? 

Go to various "listening posts" around America, such as the check-out lines in Walmart (I take in what those I coach say), and it's likely that what will be picked up is the sense of powerlessness.

The tone and content mirror the resignation of those who endured the Frank Hague political machine in the mid 20th century. What resonates in my consciouness is the mantra: You can't fight City Hall. The residents of Hudson County, New Jersey, such as my immigrant family, accepted their powerlessness. Everything from jobs to getting your mother in a nursing home had been determined by the Machine.

Does the Biden Administration have the little people behind this EO? Do the people believe things can change?  Or will the loudest voice in the corridors of power be those of entrenched interests? The lobbyists reportedly are already busy conjuring up counterstrategies.

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21st Century Trustbusters Focusing on Preserving Democracy - FTC's Lina Khan May Have Big Agenda

There is little intersection between the businesses of Amazon and those of MGM. Therefore, to some it was puzzling why newly appointed FTC Chairperson Lina Kahn decided to review the proposed acquisition. 

Now, Greg Ip at The Wall Street Journal introduces some new pieces which might help us solve this puzzle.

What Kahn may be focusing on, Ip posits, channels SCOTUS' Justice Louis Brandeis. It was he who warned in 1914 that size, while not a crime in itself, could be danger to liberty. Therefore, it's not too much of a stretch to speculate that Kahn's agenda extends to protecting democracy. Trustbuster as patriot. 

The threat to democracy in the Amazon acquistion of MGM could be cultural dominance. Think global.

Amazon has the business resources to have MGM take control over American leisure, ranging from entertainment to vacationing. A major piece within that is pop culture which is among America's major exports. That further increases Amazon's economic power. In addition, it will have a new kind of global influence through the pop culture niches. Call it the Amazoning of Everything? Sort of like the fear that Disney's Mickey Mouse would take over the world. 

Associated with that growing power of Amazon in a growning number of categories is possible outsized influence on federal and state elected officials.

The extent of that likely hasn't been explored. That's because power still hasn't come fully out of the closet. Sure there are well-done books on it by respected experts such as Stanford University Graduate Business School Professor Jeffrey Pfeffer. Here is his. But it's not fully acknowledged for the force field that it is.

Otherwise on interviews for seminal positions such as working at a law firm, the applicant would be asked: How to you intend to deal with power, get it, hold it, grow it and share it?

As a prerequisite for implementing what seems to be her agenda - protecting democracy - Kahn might deliver a tutorial on power on TikTok. Meanwhile, innovative law firms might develop pilot programs for recruiting which explore applicants' relationship to power.

The MGM part of the proposed Amazon deal is being handled by law firm Paul Weiss, chaired by Brad Karp. The defense firm has antitrust practices, both transactional and litigation.

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FTC Reviewing Amazon Acquisition of MGM - Law Firm M&A Practices in Record-Breaking 2021

"Amazon’s Planned Purchase of MGM Faces FTC Scrutiny: Commission secures antitrust review after talks with Justice Department, and as Amazon critic Lina Khan takes the FTC’s helm" - Brent Kendall, The Wall Street Journal, June 22, 2021

With Khan as Chairman of the FTC, antitrust scrutiny is a priority. While at Yale Law School she wrote an analysis of Amazon, positing that it was a monopoly. Very quickly she evolved into the go-to for information and insight on antitrust.

The review of the Amazon acquisition of MGM therefore is no surprise. And it represents her first high-profile move.

Meanwhile the European Union has launched a formal antitrust investigation of Google, reports The Wall Street Journal. The two areas of concern are how Google's ad technology operates and the allegation that it sells its user data to advertisers. In the U.S. the FTC's next move could be litigation against one or more BigTech players, mirroring the scope of "U.S. v. Microsoft."

All this is good news for law firms, especially the M&A part.

Law firms parachute in when there is trouble. And M&A has become a troubled area. That can mean the niche becomes more lucrative. Because of the high visibility of antitrust issues participating on the M&A team can create a platform for rising stars both in the law firm and in that overall specialty. Legal and business media will pay more attention to that activity. Could it become sexy? Not unthinkable. 

Paul Weiss, chaired by Brad Karp, is handling the proposed MGM acquisition. About 17 lawyers are officially listed as in the loop. Likely more are assisting in aspects of the transaction. It is standard for the partner in charge of a project to create the strategy, then divide up the research and other nuts and bolts tasks among associates. 

In 2021, M&A activity has hit a record. Fortune notes:

"So far in 2021, global mergers and acquisitions have totaled a record $2.4 trillion, up 158% from the same period last year, according to a Refinitiv Deals Intelligence report out Wednesday. That marks the highest year-to-date total going back to 1980 when Refinitiv’s records began ..."

As the proposed MGM deal showcases, entertainment is a hot category for M&A. Also are media deals. 

So much is driving the M&A boom.

One source is the need for growth. It's becoming rare for businesses to grow from within, including launching a business from scratch. There are too many moving parts.

Another push force is the urgent need to become more competitive. For example, there could be the necessity of beefing up streaming. Do that through the M&A.

In addition, some businesses such as the telecoms recognize they entered the wrong categories and have to bail out. That becomes an acquisition for another company. In May, Apollo acquired Verizon's media subsidiaries AOL and Yahoo for $5 billion. Verizon walked back from media to its focus on the internet.

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Dalton School, Sally Draper, Joyelyn Elders - Masturbation Talk Will Probably Never Catch Fire in America

Damn those Puritans. And Romans Catholics.

Despite rounds of sexual revolutions in America - and with a new one picking up steam post-COVID - one subject remains off-the-table, at least in public That's public talk about masturbation or sexual self-pleasuring. 

The latest victim of that taboo, at least in the media, has been the pricey private Manhattan school Dalton. Allegedly, its health and wellness instructor Justine Ang Fonte showed films from the AMAZE series discussing what masturbation was about. Now parents are in an uproar.

A classic scene in the AMC "Mad Men" programming captured pre-teen Sally Draper masturbating. A mother observing her was beyond shock. That landed Sally, who was undone by her parents' divorce, into therapy. Fortunately, she had a kindly older female therapist who taught her stuff like self-restraint, while they played cards.

Back in 1993, America's head doctor Joycelyn Elders was forced to resign in the Clinton Administration. That was primarily because she advocated that schools teach about masturbation. 

With so many urgent causes around for concerned Americans to advocate for, it's unlikely a movement will catch fire to push for eliminating the taboo embedded in masturbation talk and behavior. 

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John Lambert - No Fascinating Case of Compulsion to Take on Another Identity

U.S. District Judge Valeria E. Caproni saw no need to be fascinated with what motivated John Lambert to take on the identity of a lawyer.

Essentially, she classified him a crook. She hammered how he defrauded unsophisticated people needing legal advice, reports Elizabeth Dye in Abovethelaw. 

Lambert, along with Students for Trump founder Ryan Fournier, cooked up the scheme of simulating a law practice. They named their firm Pope and Dunn. The lawyers' profiles on their fake website they had poached from Cravath.

They solicited clients online via such platforms as UpWork. The two grossed about $46,000. Most often they took the money and left the payer out there in the cold. Here is the 2019 complaint for wire fraud and conspiracy to commit wire fraud. Fournier rolled on Lambert.

Judge Caproni sentenced Lambert to 13 months in jail and the mandate to pay restitution.

Unlike so many other sagas of impersonation this one lacks the usual psychological backstory. Often the miscreant who is caught pretending to be a lawyer, medical doctor or heiress (like Anna Sorokin/Anna Delvey) has a compelling need to take on another identity. For that they risk everything. 

Obviously this is all fascinating. We are hooked into the story.

After all, who doesn't really believe he or she could not only pass as, for example, X or Y professional but also do a very good job. Probably better than the credentialed DUI lawyer or psychiatrist. 

Such an experience of being someone else seems so satisfying that some of us find legitimate ways to do that. We may become ghostwriters/speechwriters like myself. Others train to be actors. 

Sometimes, although not illegal, it can trigger real-life problems. It's not uncommon for ghostwriters for powerful corporate executives to "throw around their weight in the office" or publish books which no one will read because they are really no one. Their identity was totally by association. 

Isn't make-believe such a special state of being! Unfortunately, society doesn't encourage being there post-childhood. Those who make it big in fields involving make-believe such as Hollywood are respected and rewarded. Others who just hang out in that zone wind up isolated. The message society gives is grim: Be an adult with an easy way for all of us to categorize you. Don't venture out of that box.

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Amazon & Recruiting Aging RVers: Exploitation or Valued Opportunity to Earn Income?

The "Camperforce" documentary - which you can view here - features RVer Barb Stout and her husband Chuck Stout. After the couple lost their nest egg in the 2008 global economic crash, they pivoted into the RV lifestyle.

Increasingly that includes finding and doing seasonable or temporary jobs while on the road. Some RVers have down cold who will be hiring, where and when. For example, some show up every spring to do jobs in national parks. 

No slouch when it comes to trends, Amazon looped into that. It created a whole recruitment program called "CamperForce." Primarily it's geared to older workers such as the Stout couple. Amazon posts information about the program it on its website.

The Stout couple applied at the CamperForce program and were hired for the $11-an-hour gigs. They were "pickers" in an Amazon warehouse. That is, they scouted up the goods for fulfilling orders.

Yes, the jobs are demanding. At night, after using a scanner all day, Barb's hand can go numb. Chuck got hit in the head with a falling box. 

Liberals may balk at what seems to be exploitation of the vulnerable aging who deal with sustained financial challenges. There is a lot to be said about that.

However, what Amazon provides is work. It pays. And Barb is pragmatic. She presents her take on why Amazon recruits the aging. She hammers that Amazon knows older workers are there not to learn, not to get ahead. It's about the money. End of story. They do the job and that's that.

In coaching, that's exactly the mindset I recommend to those who are post-career. The new game for them is to earn income. And as much as possible. They are no longer pursuing macro goals such as upward mobility, personal branding or building wealth. 

That perspective allows those in their 60s, 70s and 80s to shake off all the "oughts" of the careerist. They only have to go to work, do the job and be alert for opportunities that offer more, including increased income.

All generations, not only the aging, have to continually search for work. The iconic job guide "What Color Is Your Parachute?" documents that trend. The most important skill in the current economy is the know-how to be hired. Both jobs and project assignments have shorter and shorter shelf lives. 

Here, free to download, is my guide on landing, holding and moving on to better work, no matter your age Download Outwitting ageism.

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

Next Career Collapse: Scott Rudin

The emerging ethos - even in the highly competitive entertainment world - is: No one should have to take "this" to earn a living. The "this" is putting up with allegedly abusive behavior by the higher-ups or the powerful who loop in.

The latest career to collapse beccause of contentions about unacceptable conduct is that of Broadway and film producer Scott Rudin. 

As The Washington Post reports, Rudin is stepping down from his roles in the entertainment business. He has been accused of bullying and rages. Those have been said to include throwing objects at subordinates. 

Unlike others sidelined by the new demands for respectful treatment of employees, Rudin has done a mea culpa. Yes, he indicates he is going to work on himself.

On Broadway he produced the hit "To Kill a Mockingbird." In film, he gave us the provocative "No Country for Old Men."

The tipping point in the unraveling of Rudin's career probably had been Karen Olivio's refusing to continue with the musical "Moulin Rouge!" because of Rudin's behavior. 

In the UK, both at Deloitte and KPMG, executives have stepped down because of accusations of creating a "toxic" workplace. 

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Amazon: Documentary "CamperForce" Throws More Shade on the Culture of Its Workplace

The RVing craze is not just a result of wanderlust. At least not for a growing number of elderly. 

It's become, the documentary "Camperforce" captures, both their only affordable habitat and their transportation to seasonal gigs.

One such  assignment is at Amazon. The tasks Barb and Chuck Stout do can actually cause them pain. The couple lost their nest egg during the 2008 global recession. And they have evolved into the RV generation of migrant workers. 

The Amazon website provides details about its Camperforce work program. It is positioned and packaged as a great deal. However, as with many jobs at Amazon, it's controversial in what it actually demands. 

Those Amazon jobs are also featured in the hit film "Nomadland." 

For the aging, the world of RVing seems to be binary. There are those retirees who are enjoying the good life on the road on their terms in a full-service vehicle. And there are those who have embraced that lifestyle as the only way they can afford to make ends meet. 

This article in Moviemaker provides a link to that documentary "Camperforce."

Here is the free guide for how to land, hold and move on to better work, no matter your age Download Outwitting ageism.

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

William Shatner aka Denny Crane Turns 90 Today

Today actor William Shatner is 90 years old. His mantra: Never Stop Working. 

His career shot off with his role in "Star Trek."

But along the way there were other breakthrough characters he created.

Among the most popular had been the lawyer Denny Crane in "Boston Legal." With great humor he captured the suffering of a highly successful professional who was drifting into dementia - and aware of it. 

May Shatner have many more years of work ahead. And, let's thank you for bringing us Denny Crane.

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

Woody Allen, Jeffrey Epstein and The Curse of Mirror Neurons

During the past several weeks, the Woody Allen brand has been taken severe body blows.

The HBO series "Allen v. Farrow" strengthens, in the court of public opinion, the Farrow family's accusation that he was sexually inappropriate with adopted daughter Dylan. 

Now, more shade is being thrown on Allen.

Timing is everything.

Given the bad shape his reputation is in currently, the timing is just right for the Daily Beast to detail his long-time friendship with pedophile Jeffrey Epstein. That began when they were neighbors on Manhattan's Upper East Side. Photos document Allen's entering and leaving Epstein's mansion. Yes, there were dinner parties, just as those social rituals are key props in Allen's films.

This is so damning because of what might be called The Curse of the Mirror Neurons. That research confirmed what parents, clergy and healers of mental distress have been contending forever. And that's this: Human beings affect each other cell by cell. The old saying goes: Birds of a feather flock together.

So, children are warned against hanging around with X or Y companions.

Psychiatrists inform patients that they will gain unique insight about their future spouse by observing the company that person keeps.

So much of the expert opinion on transition recommends the need to ditch the old crowd. Among those is the book Necessary Endings" by executive coach Henry Cloud. 

Given the conviction that we are our networks, it is assumed that having Epstein on his confirms that Allen was a bad man. That's tends to be how people think. Therefore, after the Daily Beast article is absorbed, more will think that Allen did what the Farrow clan accuses him of. 

Clearly, the takeaway is: Choose those on your networks wisely and exit relationships which can undermine your branding. About the latter: Note the distancing phenomenon playing out around the beleagured Andrew Cuomo.

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