Law And More

Jeffrey McIntyre, former Husch Blackwell Partner - What Could Play Out

Unlike many lawyers who self-destruct, Jeffry McIntyre sill has a license to practice law. He can start over in that line of work, if he chooses that path. 

The Wisconsin Supreme Court only reprimanded him. He had had guilty pleas for battery and a DUI. 

Unfortunately, though, as Law.com reports, he and the law firm where had been a partner - Husch Blackwell - have parted company. His profile is no longer on the website. 

The world might view McIntyre's situation as bleak.

But it's a different mindset in the rooms of recovery. Those are full of hope and one of the promises is that members will not regret the past or wish to shut the door on it.

After three DUIs, getting caught up in a physical altercation, and losing a big job, McIntrye could be willing to change. That's the first step toward a new life. 

Some day, McIntyre may get up before the recovery group and proudly tell his story. The past few years he could describe as his bottom. 

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New Form of Domestic Violence & BigDrama: Serina Wolfe's Revenge Tip

Given the media coverage Serina Wolfe's $5,000 "revenge tip" has received, this new form of domestic violence is bound to have plenty of copy cats. Who hasn't become enraged with a soulmate at some time? And this whacks that man or woman right in the wallet. 

Everywhere, service personnel will have to review unusually large tips on small credit-card purchases. The whole transaction could be delayed as the security folks at the credit card company verify the amount of the tip with the person whose name is on the credit card.

Obviously, arrests could be made right on the spot. Look forward to BigDrama at public facilities. 

As the world knows, Wolfe and her boyfriend Michael Crane had a verbal altercation. The issue was if he would allow her to put the flight from Florida back to her hometown Buffalo, New York on his credit card. 

That could have resulted in a physical assault or even death. Matters of the heart are wild cards.

Instead, the rage seemed to motivate Wolfe to push back in a monetary way. A punch right to the budget - and FICA score - of the man she (supposedly) cared about in a romantic way.

Unfortunately, that didn't turn out to be an effective way to channel her anger. Crane reported that $5,000 on his credit card to law enforcement. Wolfe now faces charges of grand larceny.

Caught in the middle is Clear Sky Beachside Cafe.

It had paid out the tip to the server. She had been despondent about the death of her dog.

Now, the burden is on the dining facility to resolve this financial matter.

Will it ask the waitress to return the tip?

Will it swallow the payout?

Will it crowdfund for strangers to help both the business and the waitress out. Those pitching in funds can receive, for instance, a 15% discount on all meals at Clear Sky. Doesn't everyone go to FL at one time or another?

Reflection: Should romantic relationships, like the privilege of driving a car, require licenses? Part of the licensing process would be mandatory training in anger management.

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

$2.3 Trillion Global Tourism - Threatened by High-Profile Deaths Like That of Dr. Gary Swank

Global tourism is BigBusiness. Statistica puts that at $2.3 trillion, in U.S. dollars.

Of course, there has always been grousing about the dangers of some locations such as parts of Mexico.

But, now, high-profile deaths put that industry in play. Unless deaths can be prevented, Americans might just stay in their homeland, do their wanderlust within those borders, and plow their travel dollars into the U.S. economy.

The latest death has been in Belize.

Cardiologist and Virginia Tech medical professor Dr. Gary Swank was fatally gunned down when on a fly-fishing boat trip. The target, it seems, was his tour guide Mario Graniel who had had a negative encounter with the local gang. Swank seems to have been collateral damage. 

But, had he been in his own nation, where he could have picked up on threats and hopefully avoided them, he might still be living. We know how to "read" our own culture.

The Belize fatality escalates the fear of travel abroad introduced by mysterious deaths and severe bouts of illness among tourists to the Dominican Republic. 

The U.S. economy could gain through these incidents abroad. Come with the family to Cedar Point in Ohio. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

If DR Minibar Booze Was Contaminated, Then Law Enforcement/Plaintiff Lawyers Want to Know If It Was Negligence or Murder

Right now, many are having flashbacks to those old black-and-white news reels and films about law enforcement breaking up moonshine operations during Prohibition in the U.S.

Aside from being illegal and dodging taxes, back then the unregulated alcohol production centers frequently caused deaths from contaminated ingredients. And that's exactly what are being investigated as the possible cause of the deaths of seven tourists in the Dominican Republic (DR). The FBI at Quantico, Virginia, is in the loop on this one. 

The hypothesis, reports the New York Post, is that there had been counterfeit booze in the mini bars of the guest rooms at the Hard Rock Hotel & Casino and the Bahia Principe.

In the content could have been methanol which is toxic. For instance, it is used in antifreeze which can be fatal for humans. On "Dateline," there had been at least one case in which the female spouse poisoned the estranged husband with antifreeze. It was a brutal way to go.

What investigators want to know is who supplied those alcoholic beverages which were in the minibar.

Both hotels deny the possibility of contamination. 

If contamination is found, then the questions for law enforcement - and plaintiff lawyers - is whether this was negligence or premeditated murder. 

Meanwhile, of course, the tourist industry in the Dominican Republic has suffered a massive blow. Eventually, there will be a case study how public relations turned that around. But that could be a long time from now.

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

New Power Lunch Is No Lunch

Of course, you're not going to leave your desk for lunch. Not any more.

Sure, the wellness experts gush about the restorative role of taking breaks. But, taking a break sends the wrong signal in most organizations, even for those at the top.

The power lunch has become no lunch.

The first generation to institutionalize that is the Millennial one.

They grew up in great global economic distress.

They graduated college with student loan debt.

They connected the dots on how to hold onto a job. And the ah-ha moment was: Skip lunch. According to a survey by Tork, that's how 37% of Millennials conduct their work life. Here are more details from MarketWatch.

Of course, in BigLaw, many prospects and clients come to cool metro areas like New York and Boston and expect the Power Lunch. Partners have to conduct that age-old ritual. So, not all restaurants branded for power lunches will shutter like Four Seasons.

But, overall, turning off the laptop and exiting the skyscraper for a nice relaxing meal are totally 20th century. This is the era of always being there working. The old "face time" has become an extended phenomenon. It entails lots more than coming in before official starting time and hanging around hours after quitting. 

Also, a nice meal in the restaurant midway in the working day can carry the stigma of consuming too many calories and incurring the opportunity cost of not jogging or working out instead of eating. 

As the image of lunch sours in the workplace, that spills over to the social box. It seems unimaginative to suggest that you and a new acquaintance meet for lunch. Why not an exotic coffee at a new cafe or a walk around the lake?

In addition there is the cost of a meal at a restaurant, which involves a tip. That could be paying off credit cards and bringing you closer to FIRE (Financial Independence, Retire Early).

Takeaway: Don't get caught mentioning lunch at lunch time. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

Buffalo Wild Wings - Will Racial Discrimination Lawsuit Spark "Another Starbucks"

Last Monday, a former African-American employee - Gary Lovelace - filed a lawsuit against Buffalo Wild Wings and its parent company Inspire Brands. That was in U.S. District Court in Kansas. Here are more details from the media.

Represented by lawyer Gerald Gray, Lovelace contends that the management at the 105th and Metcalf location instructed employees not to serve African-Americans. When Lovelace reported this, along with allegations of unsafe working conditions, he was fired. Therefore, he contends retaliation. The complaint also claims discrimination in employment practices and a hostile work environment. 

If the allegations in the lawsuit catch fire in the media, America could bear witness to "Another Starbucks."

Many recall the outrage in April 2018 when two African-American men sat in a Philadelphia Starbucks and did not order. They were waiting for a friend. That is not atypical. For example, it is common to sit in Starbucks, without ordering, to tap into its WiFi. 

However, that April day, the manager called the police and the two African-American men were led away in handcuffs.

Eventually Starbucks closed its coffee shops for several hours to provide racial sensitivity training to all employees.

Buffalo Wild Wings indicated that it is conducting an internal investigation. The stakes are high. In addition to Buffalo, Inspire Brands owns Arby's and Sonic. All brands could wind up suffering damage. In addition, there could be formal or informal boycotts. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

"Jane Smith, et al. v. United Healthcare and United Behavioral Health" - America No Land for Mental Illness/Addiction

Patrick Kennedy, son of Ted Kennedy, was the champion on this one: He helped push into law the Mental Health Parity and Addiction Equity Act.

Supposedly that was to create a level playing field in how healthcare insurers covered mental illness and sundry compulsions, including drug-taking. 

As Bloomberg reports in a major article, that's not what has been unfolding.

Over the phone and in the legal system there is a brutal battle to receive treatment which is paid in full or in part by insurance.

A recent high profile lawsuit has been the class action "Jane Smith v. United Healthcare Insurance Co. and United Behavioral Health." Here is a copy of the complaint. So far it's been a victory for the plaintiff class but few expect that decision to endure. A decertification of the class is anticipated on appeal. 

In that litigation, reports Modern Healthcare:

"A federal judge ruled ... that United Behavioral Health breached its fiduciary duty to patients by using unreasonable and overly restrictive guidelines to make coverage decisions for tens of thousands of mental health and substance abuse patients."

Meanwhile, as Bloomberg hammers, America is in a mental health and addiction crisis. All too frequently that ends in suicide. To that we can add: Violence in schools, the workplace, and churches.

Yet, the elephant in the room is the question: What is effective treatment for mental illness and abuse of substances, be it booze or food (or the lack of food as in anorexia)?

So little is still known about that. Among the families of those with those syndromes there are familiar stories of the young adult having 30-day (expensive) stays in multiple rehab facilities - and continually relapsing. Death is not uncommon. That can happen through what appears to be an "accidental" overdose or suicide. 

Also, there is the issue of transparency. As I explain in this article, both insurers and clients must demand more detailed information about the mindset of the healthcare professional, what clinical approaches are being used, why, the expected outcomes, progress so far, and what alternatives are being considered. 

The insurers are not necessarily the bad guys.

Perhaps the real villain is the lack of useful research on what works and what doesn't. Obviously, not much is working.

That even applies to the "free" mode of treatment - Alcoholics Anonymous (AA). Too often it is the model for treatment in rehab centers. Stays at those rehabs can be billed at a thousand bucks a day. In a very real sense we are all paying for that.

Also, courts continue to "sentence" substance abusers to AA.

However, AA's success rate, according to addiction specialists, ranges between 8% and 12%. Now classic is the 2105 The Atlantic article analyzing the poor track record of AA. Here is that manifesto. 

Sure, let the court cases continue. Legal rulings have been a game-changer in America.

But perhaps what might be the most productive move would be to conduct a multi-disciplinary investigation (including hard-nosed business types) of what is going on in understanding, treating, and paying the bill for mental illness and substance abuse. 

Until answers are found families will be in turmoil, careers will be derailed, violence will occur, and lots of folks will die. That's just the way it is. But that's not the way it has to be. 

Full Disclosure: From age 11 I have suffered chronic clinical depression. You bet, along the way I received pricey but what I assess as unhelpful treatment. What has been effective is no-cost mindfulness. When my mood is darkening, I stop my day and meditate for two or three minutes. I was trained in mindfulness, without any fee, at the Zen Center, near Yale, in New Haven, Connecticut. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

7-Eleven Testing Out Beer Delivery - Major Threat to DUI Lawyers

There is that moment: Everyone in the social gathering realizes the beer is running out.

The good mood will deflate - unless some hero makes a beer run.

We hear that narrative over and over again at recovery meetings.

Soon enough the cops stop the hero on the road. He or she is arrested for DUI. And, another lawyer gets a nice piece of that niche business.

If the 7-Eleven pilot program pans out, such a common scenario will no longer exist.

Lawyers could lose that wonderful DUI bit of business.

Fortune reports that in 18 markets 7-Eleven is trying out beer delivery through the 7Now app.

Those markets include biggies like New York City and San Francisco but all less prominent metro area like St. Louis, MO.

And the variety is amazing. Along with the old standbys like Bud, there are Stella Artois and other exotic brands. In addition, sure, the socializers can also have delivered munchies like chips and more substantial stuff like pizza.

Obviously, this can be a gold mine for 7-Eleven. And competitors likely will rush in.

Never have I been part of the at-home social event which didn't start running out of beer. A good time is being had by all. The planners never anticipated how much would really be consumed - both of beer and goodies. And then the hero volunteered to keep up the momentum by driving to a store which sells booze. For years members of the group felt guilty when that unfortunate soul wound up ponying up four figures for legal costs. 

So far, 7-Eleven hasn't put wine on the delivery list.

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

As in Food Contamination, Executives Allegedly in Loop of Opioid Epidemic Criminally Charged

Back in 2008 through 2009, salmonella-contaminated peanut butter produced by the Peanut Corporation of America resulted in deaths and serious injuries.

That, of course, was nothing new.

As plaintiff lawyer Bill Marler of Marler Clark continually explained to the media, food contamination remained a major threat in the U.S.

What turned out to be different about that particular epidemic was this: The executives at Peanut Corporation were criminally charged. What had been a civil matter evolved into a criminal one. Not only that. The executives were convicted and sentenced to prision. Stewart Parnell received a 28 year sentence, Michael Parnell a 20 year one.

Now, that kind of first - criminal charges - has occurred in the pharma industry.

The case concerns the opioid epidemic. That could mean no longer will drug companies and their leaders get away with paying big fines. The latter could wind up in prison.

The situation has crossed the line from a scandal to be managed by public relations experts to executives winding up being branded as criminals. They could wind up with stiff prison sentences. 

And, ironically, this is occurring amid the deregulatory times of the Trump Administration.

As Richard Gonzales reports in NPR:

"Rochester Drug Co-Operative Inc., one of the nation's 10 largest pharmaceutical distributors in the U.S., its former CEO Laurence Doud III and former chief of compliance William Pietruszewski were charged with conspiracy to distribute controlled narcotics ... and conspiracy to defaud the United States."

The person overseeing this is U.S. Attorney for the Southern District of New York Geoffrey Berman. He could emerge a superhero, a symbol of the ultimate in consumer protection. 

There had also been the theatrics of Doud's being carted off in handcuffs. David Muir featured that on the ABC evening news.

Through his lawyer Robert Gottlieb, Doud pleaded not guilty. Earlier Pietruszewski had taken a guilty plea.

But both face possible stiff sentences. For each those could include life in prison at the upper limit and at the minimum 10 years on drug trafficking.

This could send a message to all of pharma that the leadership and those in the compliance loop: They could wind up doing the perp walk and spending most if not the rest of their lives in prison.

But, will that message resonate throughout such a lucrative and powerful industry? 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com

 

Substance Abuse Standard in American Culture - And, Some, Such as Jeff Adachi, Will Die From It

Maybe it's leveraged as a form of self-medication.

Often, it's simply a source of fun. 

And, there are theories about addiction.

For whatever reasons, what's labeled "substance abuse" has become standard in American culture. The form of the substance can be illegal and legal drugs, alcohol, food, and tobacco. 

Given that, premature deaths have to be expected. That's just that.

The medical examiner ruled the death of San Francisco public defender Jeff Adachi the result of a combination of cocaine and alcohol toxicity.

He had been a superhero as the legal advocate for the wrongly accused. For example, he prevented illegal immigrant Jose Zarate from being convicted of murder. At one time he even ran to be mayor of San Francisco. Here are more details form the LA Times. 

On March 19th, in the lesser known circles of Youngstown, Ohio Metro area recovery fellowships, a 30-year-old beautiful, brilliant, high-energy woman died. Cover stories quickly emerged to protect her family. But everyone knew. Death is commonplace in such niches in society. 

It's naïve to express shock that those with so much going for them will cave to what could take their lives. And along the way eat away at their professional success, nest egg, relationships, sense of self, and health. 

Different eras in the history of mankind have their own kill-offs. During the time of America revolutionary John Adams, it was small pox. When I was a child it was heart disease. After the popularity of substance abuse peaks and is over, it will be something else. 

May Jeff Adachi rest in peace.

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