Law And More

In The Year of COVID-19: Voodoo, Gratitude, Social as Suicide, Making a Living

There are 12 coronavirus hotspots in the U.S.

Ohio, where I have been based since I fled New York Metro's high cost of living, is not one of them. Not yet. Maybe not ever.

But, overall, the mindset here is one of inevitability. Yes, many of us will probably become infected with COVID-19. We just hope that our individual case won't be severe or, nonono, fatal.

Will ours be treatable at home? The medical bills could be the tipping point in trying to grab onto financial security. 

So, it's another day in The Year of COVID-19.

Turning to Zen, Magic, and More.

Position and package this as the intersection of science and the paranormal. Researchers explain the role of thought processes in providing health benefits. Those range from optimism to the belief that X intervention will have Y effect (even if a placebo is involved).

In 2003, after I had lost my nest egg, business, and mind, the universe smiled on me. It directed me to Amy Karnilowicz, based in West Hartford, Connecticut, Her specialty is cognitive therapy. She guided me to focus on my thought processes. Not yesterday. Not my mother. Within four months I was back. 

Zen does the same thing. It helps make humans aware of how their minds operate, empowering them to wrestle those demons to the ground. From 2012 until 2014, I meditated at the New Haven Zen Center in New Haven, Connecticut. There, I gained the wisdom and strength to depart the New York Metro area which was no longer a good fit for me. 

Magic is, well, magical. More recently, in Toledo, Ohio, I wandered into Once in a Blue Moon, 4348 Monroe Street. I was stuck. American Buddhist nun Pema Chodron, even in her 80s, admits she too gets stuck.

There, at Once in a Blue Moon, Shadow counseled me with a tarot reading. Raven helped me select stones to "wake up" my energy. Within days I had navigated out of stuck into creating platforms for The Next. I am reimagining my businesses for this new era. 

The "more" is ritual. I light white candles. I burn incense. I get on my knees and surrender myself to the universe.

If I contract a fatal case of COVID-19 what I do know is that I will pass on to another dimension with inner peace.

Saluting the front lines. 

Kroger, at least not here on W. Alexis, hasn't put up plexiglass to protect the check-out workers. Let's tell them that we appreciate their serving us in these precarious times.  

Movement in the direction of someone experienced as a threat. 

Yesterday was unseasonably warm. A neighbor was sitting out in front of her door. As I walked my dog in her direction, she hurried inside.

Coincidence?

Maybe. 

More likely, it's that each of us has become The Enemy. The courtyard of the residential complex is empty. Social is suicide. Neighbors rush to their cars. 

Since the virus can linger on our shoe we won't be allowed to cross thresholds. 

Just making ends meet.

Careerism could be taking it on the chin. In operating my boutiques the shift is to being able to bring in enough revenue to be able to pay my bills. The old-line Manhattan careerism is going poof. And not just with me. I chat online with my colleagues and even clients. The meme is: Working is about making a living. 

What used to be considered The Weekend will soon start. But, with working at home, shut down from the world, being the new normal the concept of The Weekend is becoming an anachronism.

Those in our professional loop know we are at home and will contact us.

However, I am determined to take the time to be out there in the almost-deserted Home Depot parking lot re-learning how to ride a motorcycle.

The tough nut to crack is to lean into the turn. Each time I ride I am able, though, to add five more miles onto what I am comfortable going at. When will I be ready for prime time, that is, actually riding on the street? Decades ago, with my Honda 90, that took a month. Now, as the Ok, Boomer, all bets are off if I will be able to be on the road this summer. 

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Screw U - Higher Education Not Refunding Full Amount of Room/Board, Tuition

The brand of higher education in the U.S. has received yet another blow.

This time the source is universities' and colleges' refusal to refund the full amount of the fees for room/board and tuition.

Students have been mandated to leave campus during the COVID-19 pandemic. Yet, those housing and meal contracts have already been paid for.

The instruction is no longer in-person but online. Tuition has already been paid for. Some students contend that form of delivery is not the same as in-person and they shouldn't be billed as much as they had for the "real thing."

As everyone knows, higher education is a big-ticket item. Meanwhile, because of the loss of wealth through the stock market and layoffs, parents are feeling squeezed financially. They could sure use refunds on what they had already paid in for services their children no longer are receiving. And students also have been burdened with student loans to pay those expenses. Bank of America has declared the nation is in a recession. So, it's unlikely students will land part-time or contract work to help with their educational costs. 

The Wall Street Journal chronicles that grim saga. Stanford, for examples, is not kicking back what has been paid in for winter semester. Harvard, Ohio State, and the University of California at San Diego is only refunding a portion of the funds. 

There are all sorts of accounting-type justifications for withholding refunds and not reducing tuition. Among them is that the cost of creating online instruction is expensive so there will be no deals on tuition.

This is playing out even though many institutions of higher education such as Harvard are well-endowed. They could be generous as an act of patriotism in the Time of COVID-19.

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Ohio COVID-19 Update - Sit-Down Dining Shut Down, Including in Bars

The quick response of Ohio to the late onset of COVID-19 illnesses in the state could provide a model for future management of healthcare crises. The initial cases had been diagnosed in the Cleveland metro area. The incidences occurred significantly later than those on the coasts. 

The latest move has been to shut down all sit-down dining facilities, including in bars, within a few hours this evening. If the restaurant or bar stocked up on booze for St. Patrick Day's festivities can return that merchandise (if purchased within 30 days). However, allowed are take-out and delivery services. Servers could be redeployed in delivery. 

Meanwhile, today Lucas County, including the major city of Toledo, announced there had been a first presumptive case. The victim is a man in his 70s who had recently returned from a visit to Europe.

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National Credit Union Adminisration Inspector General Report about Michael McKenna and Lara Daly-Sims

On November 19, 2019, the general counsel at the National Credit Union Administration - Michael McKenna - retired abruptly.

Now, those in the legal sector know why.

Law.com covers that amazing saga. Essentially it was a story about two lawyers having a good time during office hours. The nature of the fun, many lawyers would agree, was inappropriate for those in leadership positions in an organization.

After questions had been raised about McKenna, along with the deputy general counsel Lara Daly-Sims, the Credit Union conducted an investigation by its Office of Inspector General. That report was released to the public last week. Here is a copy.

McKenna had been found to have used marijuana. He also drank to excess during office hours. Both he and Daly-Sims, again during office hours, went to strip clubs seven times in 22 months. 

The report also indicated that there were irregularities in Daly-Sims' time sheets. She resigned on January 10, 2020. She is currently a partner at Chapman and Cutler. She is represented by law firm Kator, Parks.

In response to what has gone down. the Credit Union is establishing an ethics function. 

It will also need competent public relations to restore its branding, 

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Law Firms Hosting Super Bowl LIV Parties

Sure, law-firm managing directors, order those gourmet dishes which scream WELLNESS.

That's appropriate for Ok, Boomer too aware of the numbers on all those medical tests. 

But guests coming over for your Super Bowl LIV expect large bowls of Doritos - and other salty snack.

As this sponsored content on BusinessInsider by Frito-Lay documents, sales of the salty stuff for this Sunday will total $500 million+. 

The fun is overdoing it on the snacks not labeled as "healthy." A food hangover is likely.

That's exactly why Super Bowl Monday has to be declared a national holiday. Folks should not have to go to work. Put your best lobbyists on that. 

Meanwhile those ripped open large Doritos bags are a symbol of the triumph of extreme pleasure over the Wellness Nags. 

Reflection: The availability of salty snacks throughout the law firm could reduce the incidences of mental illness among lawyers as well as staff. 

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Before Harland Sanders Became The Colonel He Had Practiced Law (quite successfully)

There was a time - and it wasn't that long ago - when it was easier and less expensive to "try on" careers.

And that was exactly what Harland Sanders, born in 1890, did. Later, when one career path worked out amazingly well, Kentucky governor Flem Sampson gave him the title "Colonel." 

Among Sanders' experiments was practicing law.

As we learn from Adam Chandler's new book "Drive-Thru Dreams," Sanders learned law from a correspondence course. An advocate for justice, he succeeded in getting favorable settlements for blacks injured in train accidents. He also made it his mission to reduce the court practice of pushing defendants to accept any settlement. 

Practicing law ended when he wound up beating up a client in the courtroom. The reason: The clients hadn't ponied up payment. Sanders had a temper. Lawyers who understand their worth can have empathy for Sanders' frustration.

Then Sanders went on to careers in these industries: ferryboats, insurance, trade association leadership, tires, and gas stations. It was in the latter that he returned to his boyhood skill of cooking. After his father had died when he was six years old, his mother went out to work as the breadwinner. Harland had to take over running the household. At top of the list of duties had been meal preparation. 

Essentially Sanders grew up in an era dominated by Car Everything. Last summer, the Toledo Museum of Art conducted the exhibition "Life is a Highway: Art & American Car Culture." Traveling by auto became a distinct form of Americana. Sanders "got it" that he could expand the usual gas station business with hospitality services. Those included lodging and, yes, food. He was 40-something.

His success with his signature fried chicken came from three sources.

One was technology. He applied a pressure-cooker method to speed up the preparation time. Travelers were tired and hungry, therefore impatient about waiting. 

The second was theatrics. Soon enough the white suit evolved into the recognized branding for KFC. There too he experimented. Sanders as human brand logo had started with a black suit.

And, third was just-the-right timing. As Chandler documents, fast food was becoming the American way of eating. Actually it was a ritual which unified the diversity of people across the U.S. 

But, his more general success with the myriad ways of making a living that he tried on primarily was due to his hustle, extreme confidence, and ability to shake off what didn't pan out as expected.

Should there be another nasty downtown and the 10,000 lawyer jobs predicted to be lost go poof, displaced lawyers should immerse themselves in the Sanders' template for positioning and packaging failure as platform for big success. 

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"Olson v. State of California" Takes On Law Going Into Effect 1/1/2020 Classifying Gig Workers as Employees

Today, Uber, Postmates, and Uber driver Lydia Olson and Postmates driver Miguel Perez filed a lawsuit contending the landmark law derived from AB - 5 is unconstitutional. That is "Olson v. State of California." Bloomberg provides more details. 

Set to go into effect January 1, 2020, that law would classify many types of gig workers as employees. Former contract workers would then receive the rights, protections, and benefits that employees have. Those range from the right to join unions to medical insurance coverage. 

Such a shift could play havoc with the business models of companies such as Uber. In addition, AB - 5 could be the prototype for a similar law at the federal level. In Vermont, Bernie Sanders introduced such a bill.

Here is a copy of the lawsuit. It was filed in U.S. District Court in the Central District of California.

A major claim is the arbitrary nature of the law. The exceptions, ranging from salespeople to commercial fishermen, don't have a solid rational. In addition, the plaintiffs indicate that the gig companies have been unfairly targeted and other industries given special treatment. Also, worker flexibility is being reduced.

There is push-back from other kinds of players.

Trucking claims it can't hire as contract workers those whose routes will take them across the border into CA.

Editorial freelancers are already losing out of assignments. That's because they are being restricted to a limited number of articles for any one publication. Most media outlets can't function that way. Once content creators have proven themselves with a particular media outlet it's expected they will be contributing as many articles as needed. When that expectation is no longer possible the freelance writer is knocked out of that box.

In addition to lawsuits, those opposing the new law are considering bringing the matter to voters in the next election. 

But one wonders if the train has left the station and isn't going to circle back. The gig economy may not survive. The person on the bicycle delivering a meal to your door may no longer be a contract worker. He or she will be employees. That classification could boost consumer prices. 

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Don Imus, Dead at Age 79 - The FCC Was Not Amused By the Burger Stunt

Don Imus was the wild child who never had to grow up.

He would blurt out on-the-air what the rest of us had been socialized to never say in public.

After he called a fast food joint and ordered over a 1,000 burgers with crazy toppings, the FCC noticed. That generated the new rule that on-the-air personalities had to identify themselves when they made wacky phone calls.

He could keep up the[political incorrectness and antics for three hours daily. David Muir only has to "be on" for about 26 minutes every evening.

Imus did that creative outrageousness until he died this morning in at Texas hospital. The cause of death is unknown. He entered the hospital a few days earlier.

He was 79 years old.

Already, he has probably thrown buttoned-down St. Peter off his game. Can't you hear the angels giggling? 

Imus' genius was figuring out a way to be totally imaginative and unfiltered and still able to make a living. Incidentally, it was a good living. That enabled him to be generous with those not so lucky. They ranged from kids with cancer in his Ranch Program to Zach, whom he adopted.

So many in recovery bonded intensely with Imus. Rare is the recovery without a relapse. And when Imus fell off the wagon it was brutal. But he hopped back on his horse - literally - and grabbed back on tight to sobriety. 

His resilience in bouncing back after serial-firings also sent a powerful message: Don't let those signing the paycheck destroy you. 

This blog sends deep sympathy to those whose lives here on planet earth will have to go on without Don Imus. 

Complexity of Niche Practices in Legal Sector - Lawyers with Dual Expertise in IP & Bankruptcy In Demand

It's been the reality in many types of professional services for decades: the movement to niche expertise. Generalists drifted to the bottom of the food chain.

In the legal sector, the niche edge has become more complex. That's not unique. It's been a trend throughout not only professional services but much of global business. Note how GM is repositioning itself into the SUV, pickup, and electric car categories. It shuttered its sedan production plant in Lordstown, Ohio. 

The practice area in law firms that's hot currently is the combination of IP and bankruptcy expertise.

Law.com describes how the valuable asset for negotiations in the Barneys New York bankruptcy had been its intellectual property. This is an era in which retailers increasingly outsource other aspects of their operations. So, they no longer own, for example, production facilities.

Those niche lawyers at Kirkland & Ellis and Katten Muchin handled the IP piece of the Barneys bankruptcy.

Although niches are becoming narrowly specialized, being a niche player offering a relatively broad menu of services still beats out slugging it out as a generalist. However, on that menu also should be expertise not easily available elsewhere. That might be thought of as "special."

In the highly competitive business of public relations firms, kglobal partner Gene Grabowski is the go-to in crisis management. That's his overall niche.

Within that, his "special" is counseling corporate leaders in crisis in the food industry. Here is the classic in PR Week of how Grabowski oversaw the first 24 hours in the Blue Bell Creameries in an ice cream recall.

The best insight about the importance of niching is "Blue Ocean Strategy" by W. Chan KIm and Renee Mauborgne. Published in 2005, it still ranks in the top 100,000 of books listed on Amazon. Here, it can be ordered.

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"District of Columbia v. DoorDash" - Alleged Violation of Consumer Protection Procedures Act

Food delivery is big business.

DoorDash, valued at $13 billion, has a nice piece of that - for now.

But after the members of the media run with this lawsuit, that market share could shrink, along with brand erosion.

BusinessInsider reports that District of Columbia Attorney General Karl Racine has filed a lawsuit against Doordash. Here is a copy of the complaint "District of Columbia v. DoorDash." It is titled "Violation of the Consumer Protection Procedures Act."

Essentially, the AG contends that between July 2017 and September 2019 DoorDash used tips from consumers to subsidize its own balance sheet.

Consumers assumed the tips were going to the delivery drivers.

Instead, the AG claims this: If the amount of revenue from the delivery didn't pay the worker's minimum compensation, then DoorDash applied the tip to that to bring it up to standard. Whatever was left over from the tip DoorDash pocketed. 

Two parties were allegedly harmed. Consumers had been fooled about where their tip was going. So much for transparency. The workers didn't receive the tip.

When the policy was uncovered there had been a outcry by constituencies ranging from the press to the individual drivers. The policy was then changed.

Unfortunately, if this lawsuit hurts DoorDash's business what also could be hurt is the ability of their drivers to continue with this work. They will have to hustle to find other sources of income.

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