Law And More

Next It Could Be Nicotine Content - Biden Administration Seems to Be Shifting from Liberal to Radical (memories of the counterculture)

"The Biden administration is considering requiring tobacco companies to lower the nicotine in all cigarettes sold in the U.S. to levels at which they are no longer addictive, according to people familiar with the matter." - Jennifer Maloney, The Wall Street Journal, April 19, 2021.

In addition, by April 29th, there has to be a response by the Food and Drug Administration to a citizen's petition to ban menthol cigarettes. That reponse could be a methol ban.

Either or both initiatives, if implemented, could generate health benefits. Cigarette smokers would have to quit the habit (or some perceive it as an addiction) or find an alternative with fewer potential negative medical impacts.

As a stand-alone, some may salute this as a move in the right direction. Yes, let's get healthy. Especially after the carnage of COVID. That can downsize the nation's expenditure on healthcare by billions of dollars. 

However, within the context of so many other proposals and actual laws passed, some might interpret the ideology of the Biden Adminstration as radical. For those in the middle or on the right, it may seem that a line has been crossed from liberal to what the nation hasn't bore witness to since the counterculture. 

The current U.S. President - Joe Biden - lived during the late 60s and early 70s when cities, states and the nation were trying on aspects of utopian politics. Those were symbolized by Abbie Hoffman's "Steal This Book." Yes, everything should belong to the people.

In one of those cities - Ann Arbor, Michigan - concerts were free, food was free, medical care was free and coops were open where you could take what you needed and leave behind what you didn't. That was and is a university town. At the time I was there as a doctoral student. The real education I got had been in how to and how not to organize a movement. 

One development which soured that movement had been the severe recession circa 1974. Otherwise, who knows what kind of America we would be living in today. It could have been so great that Donald Trump would never have conjured up that slogan. Or it could have withered into another Castro Cuba.

There seem to be growing similarities between the counterculture and the Biden Administration's 100 days. In play is what kind of nation is America going to be. Should residents have the right to enjoy cigarettes with the current amount of nicotine? Seems that's not in the cards for a 21st century Utopia.

Full Disclosure: I left the movement when I voted for the radical candidate in Ann Arbor politics. Of course, the conservative one won. The votes for the radical siphoned off plenty of votes for the middle-of-the-roader.

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Reputation Restoration and Goldman Sachs - Now a Wrap for Image-Fixer Jake Siewert But New Branding Challenges Emerge

"Jake Siewert, who guided Goldman Sachs’ reputational recovery in the aftermath of the global financial meltdown, is joining Warburg Pincus." - Kevin McCauley, Odwyerpr.com, April 16, 2021.

In 2010, in Rolling Stone Matt Taibbi had positioned and packaged Goldman Sachs as "The Great American Bubble Machine." Taibbi contended:

"From tech stocks to high gas prices, Goldman Sachs has engineered every major market manipulation since the Great Depression ..."

Siewert took that on. His strategy was essentially to make Goldman Sachs transparent and to humanize its executives. Tools for that included podcasting and social media. Most of Wall Street shuns such openness. Siewert also healed relationships with much of media and with policymakers.

Now Siewert is moving on.

But new kinds of reputational trouble have arisen for Goldman Sachs. The media and internally its employees are focused on its culture. The rot is within.

In a recent edition of Vanity Fair, William Cohan turned over Goldman Sachs' ugly underbelly.

Within the organization, the beefs range from overwork to frat-boy values. In regard to the latter a former intern Patrick Blumenthal filed a lawsuit in 2020. In that lawsuit "Blumenthal v. Goldman Sachs, et al.," the plaintiff claims harm from hazing.

This could bite the leadership in the butt, just as it had in Deloitte UK and KPMG UK. Because of the contentions about a toxic culture, one executive stepped down from that particular position, another resigned from the company.

In western economies there is a movement against all forms of workplace bullying. 

Obviously, the Goldman Sachs' brand is in play, yet again. Heads could roll.

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BigLaw - Lack of (authentic) Succession Planning and Power

"Law firm partnerships are populated by some of the brightest and most educated people in the world, so there should be plenty of promising leaders in their ranks ready to take the reins when it’s needed." - Patrick Smith, Law.com, April 19. 2021.

Except where governance principles mandate it, succession can often be rocky in many businesses - of all sizes.

Power is wonderful. And what head is willing to surrender it - or risk losing it!

In his iconic book "The Hero's Farewell," Jeffrey Sonnenfeld details how difficult it is for a former leader to let go of what had gone along with a previous position. that. So, of course, the game becomes to stay in that position. 

Many of us from a corporate background have observed first-hand the myriad ways leaders can duck succession planning - at least the kinds that will result in identifying and developing the next generation of leadership. For example, strong candidates for that will be forced out.

Similiar obstructionist tactics probably are playing out in BigLaw. And since that entity doesn't really operate as a business those with the power can get away with it. 

William Shakespeare nailed it in "Henry IV, Part 2" - Uneasy lies the head that wears the crown. Therefore, don't take on additional risk to one's power by nurturing someone who could wind up seizing it. 

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

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)

Prestigious NYC Prep-School Niche Disrupted - Push-back on Idelology, Tuition, Behavior by Leadership

"Head of elite NYC school Dalton [Jim Best] resigns after parents complain about 'obsessive' and 'wildly inappropriate' antiracism agenda that included reenactments of 'racist cops' in SCIENCE classes." - Jennifer Smith, Daily Mail, April 17, 2021.

Dalton in not alone among the prestigous private schools in New York City in which parents perceive liberalism has gone too far. There has also been push-back at Grace Church and Brearley. At Grace a math teacher went public in objecting to the ideology. At Brearley a father yanked his child out of the prep school because of that same thing.

But the issue of ideology may only be the tip of the iceberg. Parents are also enraged that the sticker price for tuition - over $50,000 - hasn't been reduced even though there haven't been in-person classes since March 2020. At universities there have been class-action lawsuits filed by students requesting discounts. They allege that remote instruction has been subpar.

In addition, in the prep-school niche there has also been turmoil because of alleged sexual misconduct. The head of Regis high school Rev. Daniel Lahart has stepped down. This had inflicted another blow on the branding of Roman Catholicism. Since the Boston Globe broke the story of clergy sexual abuse of boys in 2002, the Church has struggled with reputation restoration.

Why this disruption in the prep-school niche matters is because those prep schools are feeder pools for the next generation of leadership in capitalism. The graduates will stop off at elite universities for undergraduate degrees, then elite professional schools and eventually assume the power positions in American institutions. 

Now, there could be the beginning of a reconfiguration of where the current ruling class seeks socialization and an edge for their offspring. Other launching pads could replace the prep schools. 

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The Ranking Game Has Come to This: Temple Online B School's Former Dean Moshe Porat Indicted

"The indictment unsealed Friday charges Moshe Porat, 74, the former dean of Temple’s Fox School of Business and Management, in Philadelphia, with conspiracy and wire fraud for allegedly providing phony information to U.S. News & World Report between 2014 and 2018." - Patrick Thomas, The Wall Street Journal, April 16, 2021.

Two of Porat's subordinates at the time were also indicted. They were each charged with one count of conspiracy related to committing wire fraud.

Porat denies that allegations.

The cooked-up data about the online M.B.A. program focused on:

Number of students who had taken the Graduate Management Admission Test exam

Average work experience of students

Percentage of students enrolled part-time.

In 2018, the school notified U.S. News & World Report that the data had been manipulated. Soon after that, Porat was forced to leave. There were then federal and state investigations.

However, as the sayings go in law: The bell had been rung. The egg had been broken. Before this disclosure by the school, for four consecutive years that online program ranked number-one in the U.S. News & World Report ranking system. 

Students who enrolled in that particular program because of that ranking then had to deal with the reality that their alma mater was involved in a front-page media scandal. That could reduce the brand value of their degree. 

Anything to do  with rankings in higher education is big news, That's because higher education is in essence BigBusiness.

When rankings slip for any professional school, be it business or law, those in leadership could lose their jobs. When rankings increase that usually results in higher quality students applying, brandname professors accepting positions, more research funding and larger donations from alumni.

The pressure is intense. Therefore, if it is proved that Porat and his team fudged the numbers or if they take a plea deal, that would be no surprise. Rankings represent a high-stakes game.

Ironically, the ranking game itself had gotten into a pickle this year. That happened with how U.S. News & World Report ranked law schools. As Law.com reports, three times it had t0 change the rankings of law schools. That threw shade on its own branding. It also opened the door wider on a discussion of the ranking game itself. Should it be allowed to continue?

Earlier several elite business schools refused to submit data to a ranking organization. They claimed that COVID had disrupted too much for the numbers to reflect any reality.

Reflection: Is the ranking process itself in play?

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Greenberg Traurig's RVing - Initiative Already Gone Sour

" ... several tipsters at the firm [Greenberg Traurig] are less than thrilled [about the leadership's RVing]. Mostly because the firm, despite the bump in revenue ... hasn’t ponied up the special COVID appreciation bonuses making their way through Biglaw." - Kathryn Rubino, Abovethelaw.com, April 15, 2021.  

As some in the legal sector know, the leadership at Greenberg Traurig did a cute: They're driving (yes, themselves) the RV across the U.S. to reconnect with employees. They're also boasting that they're sleeping in the RV. But that's what you have the RV for: to sleep in it. No, you don't drive the RV and then check into a Marriott.

In the court of public opinion cute is always a risk.

I explain that in my earlier analysis of this Greenberg Trauig initiative.

Back in 2006, Walmart tried it. The whole thing soured when it this was discovered: Public relations firm Edelman had conjured up the paid scheme for it to seem like two RVers Jim and Laura were just sort of tooling around, stopping in Walmart parking lots and interviewing employees for a blog "Wal-Marting Across America."  

That wound up with a public relations disaster for everyone in the loop, ranging from Edelman to Walmart. Back then the scheme made big news. After all, Edelman was and is a major public relations firm. Ironically, its signature is putting out there annually its Trust Barometer. Here is the one for 2021.

The Greenberg Traurig's RVing could also wind up chronicled as a folly in public relations case studies. Lawyers at that firm don't want the cute. Probably not the reconnection either.

They want the bonus money that hasn't come, at least not yet. Associates need to pay off student loans. They want to buy houses. Start families. 

Now that Abovethelaw has posted what tipsters are saying about the journey of the Greenberg Traurig leadership the law firm might feel it has to cave on bonuses.

Meanwhile, I have a hunch any other businesses considering "Doing the RV Road Trip" might back off, for now. 

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RVing Toward Reconnection - Will Greenberg Traurig Succeed?

In public relations, RVing across America for some noble purpose is a familiar tactic.

It can happen, though, that it's a stunt and an underhanded one. That occurred in 2006 with the RVers Jim and Laura who operated a blog "Wal-Marting Across America." Eventually it was discovered they were being paid for that by Working Families for Walmart, a public relations operation set up by giant public relations firm Edelman. 

Since RVing has become so popular leveraging a cross-country journey for some agenda is bound to occur again and again, only in different versions. 

So, no suprise, as Law.com reports, the leadership at BigLaw firm Greenberg Traurig is trying that out. Their mission is to reconnect with all the employees who had been WFH.

But will they be greeted with a gush of joy - and elicit profound connection? 

The usual pressures of working in BigLaw had escalated during COVID. And COVID isn't over. So far law firms have been throwing money at the burnout and long hours which are getting longer. Orrick did innovate with paid Unplug time. That was atypical.

But no one can predict if the BigLaw pressure cooker will explode and how.

There are rumblings that Millennial lawyers will nudge for their values about changing the culture. Already law students are indicating they won't interview at law firms such as Gibson Dunn and Paul Weiss whose client list they don't approve. 

Leaving BigLaw and going solo are being chatted up. The technology for that exists. And WFH has lost its stigma. Sure, make your office by the kitchen sink. 

And there is continual lateral activity. Don't like the policies at your law firm, go elsewhere. 

Therefore, Greenberg Traurig is taking a risk going on this journey. The employees can interpret the visit as public relations and become annoyed. Instead of reconnecting there could be distancing.

On the other hand, the trip could be a great success.

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Those Deadbeats - Law Firms Suing Clients Which Don't Pay Their Bills

"Economic pressures accelerated by the COVID-19 pandemic have forced many law firms into difficult conversations with clients, as they aim to balance flexibility during an economic downturn with their own budgetary constraints. In some instances, the challenge is leading to lawsuits." - Justin Henry, Law.com, April 14, 2021.

Those filing lawsuits against the "deadbeats" have ranged from Baker McKenzie to Blank Rome.

As the Law.com notes, partners are being squeezed to bring in as much money as possible. When clients don't pony up on the bill for services rendered that's not money coming in. That partner can be forced out or demoted to non-equity. The money game can be a brutal one in the AmLaw 200. 

Also, as everyone in professional servcies knows, it is crushing to plan the strategy, then implement it and not get paid. That pain goes way beyond the pocketbook one.

Back in 2017, I had that experience. The collection agency I turned the matter over to indicated the amount wasn't enough to file a lawsuit. Those in the non-payment loop had been Stratas' Romeo Spino and RMG's Rodney Burrell.

I have a hunch that what motivated the parties to pay up were the articles about this which I posted one day on this blog. Here is one. The next day the collection agency notified me of full payment. Of course, it took its commission. That also hurt.

Blogging, although a mature medium, can pack a power punch. 

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Yale Law Professor Amy Chua aka Tiger Mom Needs Guidance in Crisis Management - The Urban Cockroach Phenomenon Dominates Her Brand

As many know, brandname law professor at Yale and iconic expert on parenting (Tiger Mom) Amy Chua had been reprimanded last week by her employer.

Essentially it had been a slap on the wrist: being stripped of the assignment to oversee a group of 1Ls next semester. Small stuff. 

Had Chua been trained in crisis management or had contracted with a public relations firm to position and package that negative development in her branding, she would have done two things. They are fundamentals in reputation restoration. 

The two musts in effective crisis communications are:

• Admit any part in what has been contended or proved to have transpired. The mea culpa humanizes. 

 

• Unless there is a need for continual briefings, lay low. Most negative developments blow over. Someone else or some other organization will be screwing up.

Instead, Chua sprung into a defensive mode. She issued this letter to colleagues. One would have expected someone trained in law - a profession that operates on language and nuance - not to have transmitted such as document.

Among other things, she contends she felt "bullied." In the Zoom meeting she demanded with the Yale Law powers that be she indicates she felt "degraded." 

Of course, as crisis-communications experts worth their salt would say, those moves following her lightweight censure have worsened the situation.

For example, influential Abovethelaw has run with these latest developments. Google loves ATL.

In short, what could be called the urban cockroach phenomenon has taken place. As anyone who has grown up in New York City or Jersey City, New Jersey knows, once one "roach" enters the space, many more will follow. Often it's impossible to "get rid of the roaches."

In this situation, alumni have come forward to refute Chua's defense. Expect more constituenices to creep onto the surface from where they had been in a safe resting state.

Here is the article I published in O'Dwyer Public Relations on how her husband Jed Rubenfeld could restore his own reputation. He had been suspended from teaching at Yale Law for two years. The reason had been alleged sexual misconduct. 

Likely, Chua will also require that kind of process of reputation restoration. Her brand is in play. It could be rescued if she takes the right steps. It could lose its entire equity if she continues making some very bad moves. 

Reflection: As Dan Goleman hammered, cognitive IQ has less to do with success that emotional intelligence.

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