Law And More

JD Class of 2024, Practicing Lawyers, Law Firm Chairpersons - Your 2 Favorite Comfort Foods Now Rolled into 1

When the JD Class of 2024 starts their legal journey in overenrolled classrooms in the fall the stress will start immediately. That distress will prevail even if the Delta variant shifts instruction online. 

Meanwhile, lawyers who are already practicing their profession will continue to experience the hour-to-hour angst  in their home offices. Piled onto that is more unhinging if they are uncertain if and when they will have to pivot back to that ultimate pressure-cooker: the office in the trophy building. Yeah, it's back to having everyone watch them while they watch everyone else. 

There are also the chairpersons of law firms such as Brad Karp of Paul Weiss who have to bring into synch clients' encouragements where work should be done and what associates prefer. 

The good news is that they can now have their 2 favorite comfort foods - mac and cheese and ice cream - in 1 serving. 

That's the miracle concoction VanLeeuwen Macaroni and Cheese Ice Cream. CNN Business reports that Kraft Heinz partnered with Brooklyn-basedVan Leeuwen Ice Cream. Retail it goes for $12 a pint. 

Here is the promo from VanLeewen.

This comfort-food experience had been rolled out as a limited edition in New York, Texas, New Jersey, and California. At the time it had been available both online and in ice cream specialty stores. Immediately it had been sold out. But it will be available nationwide. 

On social media, though, some panned this remedy for the Overwhelms.

That was expected. There also had been critics of Nutella (both of chocolate and hazelnut) when it became known it was the primary choice of college students during exams. Pizza with all the toppings, that would have been okay. But that kind of gooey mouth feel for pre-schoolers ...

Tip: Do your consumption of mac & cheese ice cream in private. Influencers are gunning for you. Yeah, with video going. 

What is your comfort food? Please let this blog know - janegenova374@gmail.com.

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McDonald's in the Soup Again - "Jamelia Fairley, Ashley Reddick v. McDonald's, et al." Is Potential Class Action Lawsuit

"The [former McDonald's] employees, Jamelia Fairley and Ashley Reddick, allege the company is liable for its failure to prevent and remediate acts of sexual harassment, retaliation, discrimination, and civil rights violations [at the Sanford, Florida site] that they noted in their complaint." - Sylvia Carignan, Bloomberg Law, July 20, 2021.

Here is a copy of the complaint, which has not as yet been certified as a class.

The plaintiffs are represented by Werman Salas and Altshuler Berzon. The defendants by Quinn Emanuel.

The request is for $100,000 in damages for each female who was allegedly harassed and subjected to working in a hostile environment. That would total $500 million. It includes the women in the 100 Florida restaurants owned by McDonald's corporate. 

It has been Judge Franklin U. Valderrama of the U.S. District Court for the Northern District who denied the motion for dismissal. That was because the contentions provided specific instances. That put the company on notice. 

Earlier, the two plaintiffs had filed with the U.S. Equal Employment Opportunity Commission charges of sexual discrimination. That was in 2019. It was for them and others who also claimed to have been in the same situation.

This is the second major recent lawsuit against McDonald's.

The other is the racial discrimination "Christine Crawford, et al. v. McDonald's USA." Here is a copy of the complaint. Twice the requests to dismiss have been denied. 

Essentially the 52 plaintiffs, Black former franchisees, contend that its was systemic racism which resulted in their financial ruin. Among other examples of that, they claim they were being guided into purchasing their franchises in locations which were underperforming in terms of sales. Because the neighborhoods were allegedly crime-ridden the Black franchisees had to pay higher costs such as for insurance. 

That issue of location is a major one for all franchisees. Yes, the matter is analogous to location location location in real estate. Those considering purchasing a franchise are warned by experts in the franchising concept to investigate how much leeway the franchisor provides for selection of a specific location. That becomes part of the franchise agreement, therefore part of contract law. For that reason, it's recommended that lawyers specializing in franchise law be used for every aspect of the contract.

In the new book "Franchise: The Golden Arches in Black America," Marcia Chatelain hammers that the franchise agreement for all franchises represents unequal power. Before going into that, businesspeople have to accept that it is the franchisor who is determining most of the terms and conditions. And that's that.

In "Crawford," McDonald's USA is represented by Black attorney Loretta Lynch, a partner at Paul Weiss. In one of her dismissal motions she cited that the contract didn't guarantee success. That is, she introduced contract law.

There can be gallows humor about the legal situation McDonald's is in. That is, class actions are a little like roaches. Once you get one, they just keep coming. Yes, the fast-food giant could have become a target.

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Apt Cape Cod Restaurant - Hero on Behalf of Employees (some who cried)

The verbal abuse from customers had gone over-the-top.

The tipping point had been the customer who tongue-lashed an employee who informed him that the breakfast takeout was not available because the establishment hadn't opened as yet. 

That was the backstory at Apt Cape Cod in Brewster, Massachusetts, reports The New York Times. Yes, some among the 24 employees had cried.

What the couple who owned the restaurant - Felt and Regina Castellano - did in response was close down the farm-to-table restaurant for a day to nurture their employees. They called Day of Kindness. 

Restaurants in MA reopened on May 29th.  

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From Rudy Giuliani to Declan Kelly: Drunkness Will Finish You Off (like your parents told you, learn to drink like a gentleman/lady)

"An inebriated Rudy Giuliani advised now former President Donald Trump on election night to 'just say we won' when Michigan and Pennsylvania hadn't been called yet. Washingoton Post reporters Carol D. Leonnig and Philip Rucker detailed the election night scene at the White House for their new book, I Alone Can Fix It: Donald J. Trump's Catastrophic Final Year, with an excerpt released Tuesday." - Nikki Schwab, Daily Mail, July 13, 2021. 

Giuliani is finished.

We have returned to the old-fashioned notion of the expectation that a man will be able to hold his booze and a woman will drink like a lady. That was part of the socialization the upper middle class and the ambitious middle class/lower middle class give their offspring. 

Also finished, reported the Financial Times, has been former head of consulting firm Teneo Declan Kelly. After his drunken behavior at a Global Citizen charity, he had to resign that high-profile job. 

Yet, boozing, often a lot of it, is embedded into everything from new business development to rewarding teams for successful performance. Add onto that the art of lobbying.

That presents new kinds of challenges in this era when so many professionals are exhausted from overwork. They often are simply not in touch enough with their mind and body to assess how much alcohol will result in a loss of control. A common peril is that the sugar in alcohol gives them an immediate jolt of pleasure and energy. They may feel better, so much so that they will assume they can drink more safely.  Call that The Fatigue Syndrome. It can precipitate a career-ender.

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You're Back Entertaining Clients, Prospects and Lobbying Inside the Beltway - That's Going to Cost You More

 "It’s getting more expensive to make wine, beer and spirits. Some vineyards, brewers and distillers say they are absorbing those costs for now, and prices for alcoholic beverages are rising more modestly than for other consumer goods, according to government data. That might not last, analysts warn." - Alistair MacDonald, The Wall Street Journal, June 30, 2021.

High-quality alcoholic beverages are expected when law firms entertain clients, new-business prospects and those in the loop inside the beltway. Despite the fall from grace associated with alcohol abuse of Teneo's former Chief Executive Officer Delcan Kelly, no one is going to step back from the unique pleasure of enjoying a good drink. 

The return of that in-person professional experience post-COVID means more expenses for law firms. However, that could be balanced by a continuation of less business travel. Those watching over that category are not bullish that business travel will circle back to where it had been before the pandemic. 

During COVID, partners were able to become more productive because they weren't road warriors. Also, the impact on the bottom line had been significant. PPP soared. Zoom meetings worked out just fine.

So, the good times will probably be rolling again in socializing in-person locally. That will be the edge law firms have which are based in major metro areas such as Manhattan or in an office in D.C.

Law students and junior associates who are focused on leveraging networking as an upward-mobility tool should start their education about all brands of alcohol. There are now online services facilitating sending a good bottle of wine to whomever. 

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Crossing THAT Line, From Rudy Giuliani to Delcan Kelly

"Rudy Giuliani was 'drinking heavily and incoherently' ..." - Katelyn Caralle, Daily Mail, June 28, 2021.

That's what happens: Drink immoderately and you will get nailed. Who nailed Giuliani is journalist Michael Wolff in his new book "Landslide."

Chief Executive Officer of consulting firm Teneo Delcan Kelly also is suffering the consequences of boozing which triggered inappropriate behavior at a charity event. He has lost both the General Motors account and a seat on the board of Global Citizen. Whether he can do reputation restoration - only time will tell. 

Of course, there will be a next. The tragedy of consumption of alcohol is the clouding of judgment. Those crossing some kind of line from okay social drinking to what can and will get them into trouble don't realize that they have crossed that line.

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Delecan Kelly Learns a Brutal Lesson about Alcohol Consumption at Professional Event

Mr. [Delecan] Kelly, chairman and chief executive of Teneo Holdings LLC, has apologized and temporarily reduced his duties at the consulting firm after getting drunk and behaving inappropriately with people at a recent charity event, a spokesman for Mr. Kelly confirmed." - The Wall Street Journal, June 25, 2021.

That charity was hosted by Global Citizen. 

Unfortunately for Kelly, the mea culpa didn't cut it. GM terminated its professional relationshp with him. Also Global Citizen removed him from its board.

This is a lesson for other leaders who take the risk of consuming any alcohol at a professional event.

Alcohol is a tricky substance.

Given all the variables associated with its effects those consuming the booze can't predict its impact on them. Also there is the possibility of not only a loss of control but also a blackout or no memory of behavior. 

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Death of Christopher Sign - What Should a Nation (so weary of conspiracy theories) Think?

"ABC reporter [Christopher Sign], 45, who broke story of secret tarmac meeting between Bill Clinton and Loretta Lynch before email probe was dropped dies in 'apparent suicide'" - Daily Mail, June 13, 2021.

This story counts.

One reason is that side players in that drama - Huma Abedin and Anthony Weiner - are both currently struggling for comebacks.

Abedin had been a top aide for Hillary Clinton, whose private email account then FBI head James Comey decided to revisit.

Weiner, caught in a sex-texting scandal, had been Abedin's husband. They are now divorced. 

Lots of others were drawn into the political drama. For example, public relations player Mike Kempner provided work for Weiner but had to back out when his agency (now called MikeWorldWide) pushed back. 

Another reason is the conspiracy force field has been stirred up. Sure, the nation is eager to move on to the economic recovery and getting out of the house post-COVID. And it has become plum tired of conspiracy theories. But ... Could someone in that original loop or newly emerged allies have simulated the suicide?

Also this tragedy of a middle-aged man dying resurrects the controversy over the issue of then U.S. Attorney General  Loretta Lynch meeting with the former U.S. President Bill Clinton while his wife Hillary Clinton had been under investigation.

Lynch remains high profile in the legal sector. She is partner at prominent law firm Paul Weiss, chaired by social-justice front-line advocate Brad Karp. The latter is also high-profile. Could there be brand implications?

Currently Lynch leads the defense team in the Black bias large lawsuit "Christine Crawford v. McDonald's." Here is a copy of the complaint.

Since Lynch herself is a woman of color, her race could be an advantage or a liability in representing the defendant. Should the case get to trial, the media could run with that issue of a woman of color leveraging her legal expertise on behalf of a giant corporation which allegedly treated Black franchisees unfairly - and illegally. 

And, last but not least, the world is again focusing on The Clintons. Were they good for America or did they put in play a setback for democracy? Count on the media interviewing that glorious comeback Monica Lewinsky on that one.

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McDonald's Wins Tennessee Bias Suit Filed By Four Tennessee Franchisees - "Christine Crawford v. McDonald's" Still in the Pipeline

"U.S. District Judge Harry Leinenweber ruled on Tuesday that the suit, filed in October [by four Black franchisees in Tennessee], lacked facts showing McDonald’s misled the franchisees in their contracts and treated white franchisees differently. Leinenweber gave the plaintiffs an option to file an amended complaint that address the inadequacies he pointed out within 30 days." - Crain's Chicago Business (originally reported by Bloomberg Law), June 9, 2021.

The plaintiffs contended that they had been forced by McDonald's to operate their franchises in crime-ridden neighborhoods. Their lawyer James Ferraro indicated that he would file that amended complaint.

 

This win is encouraging for McDonald's which also faces a much larger lawsuit filed in Illinois federal court. That is "Christine Crawford, et al. v. McDonald's." ClassAction.org provides a summary of the lawsuit by 52 former Black franchisees and a copy of the complaint. 

 

Essentially they contend they were victims of systematic and covert racism. More specifically they allege that they were steered to older, under-performing locations in crime-intensive areas. As a result they were destined to fail. 

 

As I reported last October about the lawsuit, Paul Weiss partner Loretta Lynch is representing McDonald's. Her edge in this, at least in the court of public opinion, is that she is a woman of color. She had served as U.S. Attorney General in the Obama Administration. 

 

Among the arguments Lynch had made in a motion to dismiss had been that there is nothing in the contract promising success. Also, it is in the self-interest of McDonald's, as business, to make it a priority that franchisees succeed.

Paul Weiss is chaired by Brad Karp. 

 

In this time of heightened sensitivities about racial issues, this particular lawsuit could become high-profile. 

 

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Drinking Alcohol - All Eyes Are on You

"Few things are more American than drinking heavily. But worrying about how heavily other Americans are drinking is one of them." - Kate Julian, The Atlantic, July/August 2021 edition.

It's a strange irony.

Currently, there is extreme tension about drinking alcohol. "They" are out there counting the drinks, assessing the actual alcohol content of each one and feeling a compulsion to warn about the dangers.

However, America was literally founded by those who didn't view any need for limits on their alcohol consumption. In her book "Drinking in America," Susan Cheever chronicles how the straight-laced Puritans were liberal about boozing, even to the extent of tolerating somewhat bad behavior associated with it. Part of that was they, of course, liked to drink. Who doesn't. But another part was that there wasn't enough food around or that could be spared to provide the necessary caloric intake for that time of hard physical labor. 

Those in the legal profession will likely get the brunt of this present monitoring of drinking. It's all too well-known the problems with alcohol lawyers are documented to have. 

Some of this gawking may be due to the widespread excessive boozing during COVID. That triggered GI whatevers and liver damage. Some is the result of the wellness ethos. And then there is the well-intentioned concern that the burnout which is so pervasive will catapult even those not disposed to problem drinking into that mess. 

What to do? Select carefully the people to drink with and the places to drink. "They" are everywhere. It's almost as if our society has entered a new era of intrusiveness. Wellness and other movements seem to have given people the right to not only gawk but comment.

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