Law And More

Shannon Who? Joe, You're Becoming a Public Nuisance - The Great Unpredictability

In Massachusetts, U.S. Senate incumbent Ed Markey could be in for the fight of his life.

Or, maybe not.

Markey, in his 70s, is already opposed by labor-lawyer hero Shannon Liss-Riordan. Her signature is representing contract drivers against Uber to obtain the legal classification as "employee."

But, that grand mission became accomplished when California AB-5 was signed into law by the Governor Gavin Newsom. Usually what happens in CA spreads throughout the nation. So much for Liss-Riordan's branding as lawyer friend of the gig worker. The CA legislature and executive branch took care of that, thank you.

Obviously, that particular political force is somewhat neutralized.

The meme of high uncertainty in today's world washes across the consciousness of the watchers of the MA U.S. Senate race.

Another supposed threat to Markey has been U.S. Congressman Joe Kennedy III. Although he filed to run, he continues to do a Hamlet. Obviously, before declaring himself a candidate, Kennedy is analyzing his chances of winning against Markey.

What Kennedy would have going for him could be two things.

One is the Kennedy branding in MA, along with its fundraising force field.

The other is his age. Come on, admit it, there is age bias in America. That stink follows Joe Biden and Bernie Sanders around. It surfaced in the last Democratic debate. 

But, not so fast about the Kennedy edges. They could be neutralized by the ability of Markey to obtain the endorsements of two high-profile influential politicos. 

As Boston Magazine reports, AOC announced she is supporting Markey. They're allies in championing the Green New Deal. With Dorian and more there had been more attention to the impacts of climate change. AOC has gained new credibility. You bet, residents of the U.S. are getting it that they have to factor climate change into everything from where to live (maybe not coastal Florida) to where to invest (maybe not fossil fuels).

Also, Elizabeth Warren is for Markey. She is navigating the early campaign better than expected. And she could be the last one standing. Since she's a woman that could make her a publicity magnet.

It could be said that what is going on in MA mirrors the Uncertainty as Standard that dominates global, national, state, and local matters. 

Consequently, those who decide to take a certain course of action can't predict how that will play out in their careers and long-term branding. Liss-Riordan can look naive for taking on Markey. Kennedy's Hamlet act can irritate voters in MA. The residue could be: Another Kennedy manipulating us.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

 

September 16, 2019 in Branding, careers, Current A

In Massachusetts, U.S. Senate incumbent Ed Markey could be in for the fight of his life.

Or, maybe not.

Markey, in his 70s, is already opposed by labor-lawyer hero Shannon Liss-Riordan. Her signature is representing contract drivers against Uber to obtain the legal classification as "employee."

But, that grand mission became accomplished when California AB-5 was signed into law by the Governor Gavin Newsom. Usually what happens in CA spreads throughout the nation. So much for Liss-Riordan's branding as lawyer friend of the gig worker. The CA legislature and executive branch took care of that, thank you.

Obviously, that particular political force is somewhat neutralized.

The meme of high uncertainty in today's world washes across the consciousness of the watchers of the MA U.S. Senate race.

Another supposed threat to Markey has been U.S. Congressman Joe Kennedy III. Although he filed to run, he continues to do a Hamlet. Obviously, before declaring himself a candidate, Kennedy is analyzing his chances of winning against Markey.

What Kennedy would have going for him could be two things.

One is the Kennedy branding in MA, along with its fundraising force field.

The other is his age. Come on, admit it, there is age bias in America. That stink follows Joe Biden and Bernie Sanders around. It surfaced in the last Democratic debate. 

But, not so fast about the Kennedy edges. They could be neutralized by the ability of Markey to obtain the endorsements of two high-profile influential politicos. 

As Boston Magazine reports, AOC announced she is supporting Markey. They're allies in championing the Green New Deal. With Dorian and more there had been more attention to the impacts of climate change. AOC has gained new credibility. You bet, residents of the U.S. are getting it that they have to factor climate change into everything from where to live (maybe not coastal Florida) to where to invest (maybe not fossil fuels).

Also, Elizabeth Warren is for Markey. She is navigating the early campaign better than expected. And she could be the last one standing. Since she's a woman that could make her a publicity magnet.

It could be said that what is going on in MA mirrors the Uncertainty as Standard that dominates global, national, state, and local matters. 

Consequently, those who decide to take a certain course of action can't predict how that will play out in their careers and long-term branding. Liss-Riordan can look naive for taking on Markey. Kennedy's Hamlet act can irritate voters in MA. The residue could be: Another Kennedy manipulating us.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

 

Dorian - #1 Lobbyist for Climate-Change Reforms

The evolution of Dorian from tropical storm to a Category 5 hurricane has been the dominant news story.

Is it possible it could cross that line over to a Category 6? Maybe. Katrina will no longer remain the symbol of the worst of what hurricanes can inflict on coastal areas. 

Once the devastation occurs, Dorian could become the most effective kind of warning about the dangers of climate change and the need for reforms.

Dorian, in itself, could become the #1 lobbyist for a
major shift in mindset, lifestyle, and how business is conducted. Unfortunately, usually its takes extreme adversity for mankind to change. 

Expect climate change to be part of the presidential debates for both Democrats and Republicans.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Chipped Paint - The Crime-Stopping Theory which, Unlike Broken Windows, Could Pan Out

Crime, economic development, and a community's sense of well-being.

Anyone who has lived in a neighborhood on the decline gets the association of that with chipped paint on the houses.

It's obvious.

That piggybacks on the earlier crime-stopping theory of broken windows. But, unlike that theory, this one could really pan out. That's because it's more grassroots. And it is rooted in how people nest.

Community leaders can pilot programs to fix that chipped paint to reduce crime and,on the way, also probably achieve lots of economic progress.

Last weekend I returned to my old neighborhood in the Wilkinsburg section of Pittsburgh, Pennsylvania metro area. In the early 1980s, I had owned a duplex on Marlboro Avenue. 

No, I didn't encounter broken windows. One property did have boarded up windows. What unhinged me was so many houses had chipped paint. That's so fixable. Instead of going to underdeveloped economies to do good, the well-meaning can volunteer to fix the chipped-paint situation. 

The architecture of the houses in Wilkinburg, as in most of Pittsburgh metro, is beautiful. Those houses are worth saving. But they might not endure if there is a perception of the neighborhood as being a target for crime. Chipped paint can create such a perception. Since I am in the public relations industry, I know perception is everything. 

In the amazing turnaround of old-line city Jersey City, New Jersey, mayor Steve Fulop has focused on reducing crime. Most recently he has installed more video cameras.

But, what if he experimented with a program to fix up the exteriors of houses with chipped paint? I had grown up in Jersey City. There remain sections of that gentrified urban area which still have plenty of housing with chipped paint - and high crime. 

Leaders who get in front of chipped paint could emerge as community superheroes. Do that and the economic developers will come.  Also, saving old housing is totally eco.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

 

Beyond Shareholder Value - Blowing Up Friedman Orthodoxy & (big) Implications for Lawyers

Globally, traditional capitalism is being questioned - and attacked.

Here in the U.S. that has been an issue in Election 2020.

The informal headquarters for Worldwide Capitalism - Harvard Business School - offers an election on reimagining capitalism.

So, it should be no surprise that the influential organization - the Business Roundtable - has extended the "purpose of a corporation" beyond shareholder value.

That's radical in recent business history.

The primacy of shareholder value had hardened into business orthodoxy. It had been known as the "Friedman Theory, since it had been put out there by economist Milton Friedman.

It had been standard rhetoric in corporate communications. As those of us in executive communications know, the concept was a must in official and unofficial messaging. Internally, no one questioned it - at least not openly.

Now, the group indicates, other stakeholders should be taken into account in its decision-making. They include employees, customers, and community. Who heads the Business Roundtable is the powerful hands-on head of JPMorgan Chase and thought leader Jamie Dimon. Here are more details from The Wall Street Journal.

The implications are huge.

Among them is that the corporation can shift from the obsession with short-term gain to the long-term. "Impatient capital" could become 20th century. Dimon is especially interested in that.

Also, environmentalism can stand toe to toe with other issues in the C-Suite, in conference calls with security analysts, and at shareholder meetings. Already, investors are focusing on matters associated with a changing climate.

Business models such as Uber's, which leverage the use of gig workers who have no benefits, could be censured. Constituencies such as customers and communities could boycott those corporations.

And, the day could come when never again will a location like the Ohio Valley be devastated when a major plant such as GM's former Lordstown one is shut down, with no replacement. Those in the Valley questioned why GM couldn't have retrofitted the production facility for another vehicle which sold better than the sedan. 

Also, what about the collective mental health on planet earth, in nations, in states, and in cities and towns? Clinical depression has been a long-term global crisis, documents the World Health Organization.

Here in the U.S. if the purpose of a corporation really does get broadened, the kind of humane ethos of the late 1960s counterculture would get a second chance.

Meanwhile, those in the branding industry will have to return to the drawing board. Lawyers will receive a different set of marching orders from clients. 

Globally, the language of capitalism will change.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Branding, Investing & Political Campaigning - Bring on Ice Cream Cone Meme

Institutions, such as the British royalty, corporations, and individuals now have to factor eco into their brand management.

The focus on the impacts of climate change has ceased to be a fringe movement.

Money is (almost) everything. And the investment world already is paying attention to how to build, preserve, and scale wealth as temperatures on land and sea rise. A severe 2019 hurricane season will reinforce that. Expect Election 2020 to bundle in eco matters. 

No surprise, tabloid The Sun castigates Prince Harry and Meghan Markle for traveling in a private jet. Media knows what it is doing. Timing is everything. Shade has already been thrown on the royals because of the Prince Andrew-Jeffrey Epstein association. For future travel, the royals should go commercial - and coach. Their future is in play. 

Obviously, strategists in public relations, marketing, and politics have to include the eco implications of all their clients' mindsets and actual behavior. That can't be positioned and packaged as a force fit. 

For example, the fast food industry will be compelled to disrupt their distribution system.

No longer will all those paper cups and food wrappers be tolerated. Expect worldwide boycotts.

Instead they will have to go to the drawing board and invent the analogue of the ice-cream cone for the no-waste, no trash way for serving and consuming food.

Politicos can make it their core messaging at state fairs to down plenty of ice cream cones. 

The ice cream cone can become the universal symbol of eco hope.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

JD Class of 2019 - Suiting Up for the Office (in hand me down)

The second-hand movement has surfaced from the underground to startups like RealReal and established retailers such as J.C. Penney.

So, no, members of the JD Class of 2019, it won't ding your personal brand to be seen entering one of those retailers selling used attire. And, if you bump into some amazing bargains for suits and dresses online for powerful brands you might be able to gush about that in the office. 

That also means competition for Goodwill, which used to own the territory. You bet, everything changes. 

Goodwill had been top dog. That was back in the time when those hit hard by The Great Recession woke to the option of buying gently used whatever. That ranged from clothes to end tables.

In 2016, when I relocated from the 122-degree temperatures of the southwest to the midwest freeze I purchased coats, sweaters, gloves, and wool hats at the Austintown, Ohio Goodwill. While shopping I also found about 60% of what I needed to furnish the large-sized apartment which is typical of the midwest but not the southwest. 

In The Wall Street Journal, Suzanne Kaplan reports how not buying new has become mainstream. Saving money is part of that. But a new wrinkle to hand me downs (which I grew up with in the 1950s in a tenement in downtown Jersey City, New Jersey) is that it's eco-friendly. The merchandise is being recycled. Also, there is a recognition of the value in a non throw away ethos. 

What the woke have known for years is that brands appropriate for professional attire are in second-hand retail. The trick is to be willing to travel to affluent locations and do that often. For example, before telecommuting was okay in my industry, I had to call in person on prospects in Manhattan. So, I made it my business to monitor regularly the merchandise in consignment stores in affluent parts of Connecticut. 

Eventually telecommuting made it possible to relocate out of the pricey New York Metro area. But, hey, you still need professional attire for meetings of the American Marketing Association or the local chamber of commerce. In the southwest I journeyed to upscale northern locations. Here in OH I know not to bother hoping for finds in old urban areas.

Another part of the game is to establish a word of mouth network both inside the stores and among acquaintances. They will flag you about what just came in. 

Second-hand cool probably will become a dominant meme. Those shopping non-used will be censured. Goodwill will have to up its game. It could embrace online shopping and provide low-cost convenient delivery service for furniture.

And you might suggest to your law office that it champion buying used. That's in the public interest. Eliminating paper never caught on but this eco trend might. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Era of Reimagining Capitalism - Hillary Who?

A sign that a prominent liberal has become irrelevant is this: The conservative digital native Drudge Report stops pouncing on her or him.

This time it's a her - Hillary Clinton.

At one time the Drudge Report's signature had been headlining with alleged doctored photos of Hillary. Those ranged from Rage-filled Hillary to Sick Hillary. 

That was then.

Currently Matt Drudge is finding negative articles and photos to curate about AOC, Bernie, Elizabeth, Cory, and, of course, Nancy. Regarding the latter, a fav is Nancy caught in various forms of brainfreeze.

The meme attacked is reimagining capitalism. Conservatives want none of that. They see the status quo as the best of all systems.

However, Harvard Business School had established an elective on that issue. And the World Economic Forum has weighed in about adjusting the dynamics of Adam Smith's Invisible Hand. Stanford Graduate School professor Jeffery Pfeffer has published the grim chronicle of working today - "Dying for a Paycheck."

Liberals from yesterday do reappear on the radar. Recently The Hill gave some attention to Hillary. The occasion was what she pontificated about the U.S. president Donald Trump's gala 4th of July military affair. 

If Hillary wants to reclaim space as we move into the third decade of the 21st century, she could put together a documentary on becoming irrelevant and strategies to create new platforms for influence.

There's a massive audience for that. Those include Baby Boomers and oldest of Gen X who have retired. The moment their title is gone, they become invisible. In addition, young people duck them. The fear is that the ghosts from another time will pile on the advice.

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

Biking Culture - Greensfelder CEO Timothy Thornton Dies in Fatal Accident

The legal community mourns the death of Timothy Thornton.

During a 35-year career at Greensfelder, Hemker, Gale, he became chief executive officer in 2016. Among his signature accomplishments were establishing a Chicago office and implementing diversity initiatives.

While bicycling on Missouri Route 100, he was hit by a pickup truck. He died at the hospital. 

Deaths from bicycle accidents such as Thornton's have been increasing since 2015. That's during a period of time when overall bicycle accidents have been declining. According to the Bike and Walk Alliance, among the 45,000 annual accidents there has been a 12% uptick in fatalities. 

Among the reasons for the increased deaths is the simple fact that there are more bikers on the road. Given the popularity of the biking culture, many of them are new to biking. They don't understand fully the risks involved and how to be proactive in protecting themselves. Simultaneously, drivers haven't made enough progress on the learning curve about how to share the road with those on bicycles. 

May those whose lives Timothy Thornton touched celebrate the experiences they did have with him.

"Climate Emergency" Might Be Replacing #MeToo (hashtag that)

The phrase "climate change" does not communicate the gravity of the current state of environmental peril. At least that's what the members of the Extinction Rebellion hammer.

In a protest today, they insisted the media change the language to "climate emergency." They also demanded more coverage.

That show-down took place on Eighth Avenue in Manhattan near the building of The New York Times. Yes, they pointed a finger at that iconic newspaper. In response, The New York Times indicated that in 2018, it had published 795 articles on the subject. That included investigative reporting. 

The police arrested 70 of the protesters. Just as in the old days of the Counterculture, one person taken in by police claimed pride in that. Here are more details from The Guardian.

Is this development a sign that it will be environmentalism which is the dominant movement? That is, the meme media will cover from every angle?

Interestingly, in a feature in the July 2019 The Atlantic Caitlin Flanagan asserts that #MeToo has peaked. That doesn't mean the problem of sexual harassment in the workplace has been solved. What it does mean is that the media had moved on to focus on the next big story. 

Some contend media, not leaders, not government, not even the private sector, is the most powerful institution on planet earth. If that is true and if it directs its  attention to "climate emergency," then there might be significant reforms undertaken.

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

Legal Concept of "Public Nuisance" On Trial in Oklahoma Lawsuit Against Johnson & Johnson for Alleged Opioid Epidemic

Beginning tomorrow, Johnson & Johnson will face off in court with the Oklahoma Attorney General Mike Hunter.

Among what will be on trial is the legal concept of public nuisance as applied to the opioid epidemic.

In other states, where public nuisance has been alleged in the opioid crisis, the lawsuits brought by the AGs were settled. That's exactly what Mike DeWine did in Ohio, then went on to be elected governor.

Those AGs, dating back to Sheldon Whitehouse in the Rhode Island lead paint class action, who configure public nuisance lawsuits essentially have been hailed heroes. Whitehouse is now in the U.S. Senate. His career had already catapulted into the big time by time the RI Supreme Court eventually tossed the case. 

Yes, in terms of public affairs, public nuisance is a strong card to play. Most recently it was used successfully in a bench trial against former lead paint companies such as Sherwin-Williams in Santa Clara, California. Law firm Jones Day represented Sherwin-Williams. The appeals didn't pan out. The U.S. Supreme Court refused to review the conviction. 

In OK, this will be the first time that a public nuisance lawsuit involving opioids has gone to trial. Hunter has precedents on his side in using the concept of public nuisance. 

But Johnson & Johnson, reports Sara Randazzo in The Wall Street Journal, contends that the legal concept of public nuisance is more often used in property disputes. Not products.

However, legal scholars are aware that public nuisance applied to a product had been leveraged way back when in the iconic state AG campaign against BigTobacco. The alleged victims of the public nuisance were children. The result was the Tobacco Master Settlement Agreement of 1998.

Here is my analysis of that and other issues associated with public nuisance.

Currently, public nuisance is being argued in the filing of lawsuits related to lead paint in Pennsylvania. Among the defendants is Sherwin-Williams. Here is the coverage from Forbes.

Obviously, the success of that pattern of litigation in CA is triggering more lawsuits. There's no predicting how many more municipalities in how many more states and how many plaintiff lawyers will also file class action lead paint public nuisance lawsuits. 

So, J&J is, as the cliche goes, barking up the wrong legal tree. 

Specifically, notes Randazzo:

"Oklahoma is set to argue that Johnson & Johnson's alleged deceptive marketing campaign created a 'public nuisance' that will cost the state as much as $17.5 billion to abate ..."

In addition to the pharma industry, other business sectors will be closely following the trial.

Those with a target on their backs for public nuisance range from energy to autos.

Also, lawsuits have been filed against the Roman Catholic Church for allegedly creating a public nuisance through the alleged cover ups of clergy sexual misconduct.

Here is my article published on O'Dwyer PR about public nuisance concerns which public relations firms have to consider if they have clients caught up in this web. 

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