Law And More

James, The Non-Murdoch - Transforming Media in Post-Trump Era

The end of the Donald Trump Political Phenomenon will likely mean a disruption of media.

Of course, a far right medium like Fox News will lost influence.

On the other hand, The New York Times could wobble badly, only kept alive through a foundation which parachutes in. Many (including Trump) contend the NYT has been kept alive by its signature push-back on Trumpworld.

In the ashes could rise a new kind of media presence: James Murdoch. Yes, he is the son of media tycoon Rupert.

In the NYT Maureen Dowd interviews James at length. (Both it and she could be on short time).

James had left the family business, labeling it as a source of disinformation.

His relationship with his father Rupert and his brother Lachlan is tense (understatement).

His pivot is to reforming fake news. That includes investing in startups whose mission is that. Also, he funds research studying the digital manipulation of society. In addition his wife Kathryn has a background in communications.

It wouldn't be a surprise if James and Kathryn evolve into the media power couple in a post-Trump world. They have the passion, knowledge, connections and money. 

The first collapse could come in gotcha journalism. Instead, as in scientific research, there will be a sincere effort to find the "truth." Not create sensationalistic headlines for their own sake or to manipulate human beings.

In the legal niche, Abovethelaw could face the need to change its tone and content. Having tipsters who share with ATL confidential material from law firms might no longer be saluted as heroic. The ethos of supposed whistleblowing could undergo a redefinition. Motivation could be factored in. Hey, why does this first-year associate, pulling down nearly $200k, have such a beef?

In general media, Buzzfeed could be "excommunicado" (to borrow that phrase from the film series "John Wick.") The fun could go out of exposes.

What more and more of us are aware of is that life is an existential tragedy. So, what relief do we receive from that through the unmasking of supposed miscreants? Bring on the lightness of being and we promise we will be able to bear it.

Actually, some of the unraveling is happening simply as a result of market forces.

Verizon is reported to be shopping around the far-left HuffPost. How predictable has been the angle on content. The tone is the exhaustion of MS. Magazine in its final days. The content is as stale as the plotting of "Desperate Housewives" when writers ran out of ideas. 

The conservative leaning (but toned down over the years) Drudge Report is said to be for sale or needing investors.

Simultaneously, paid newsletters like Substack, which strive for objectivity, are the new cool. Here is my article on that trend, published in O'Dwyer PR.

Therefore, obviously the world is ready for a James-type righting of the wrongs of media. 

In itself that could restore respect for the field of journalism. The sector could have a roaring comeback.

Help-wanted ads for journalists will multiply in number. Higher education will need to expand current journalism programs. In my career coaching for young people, I could encourage them to, yes, prepare for that vocation. It's not a job. - Download ReimaginingYourCareerWithJaneGenova.

You bet, a world suffering from COVID-19 and the worst of capitalism needs a fresh set of heroes. Kathryn and James could be among them.

In addition there are those in the legal community who already have the tools to assist with the carnage of the pandemic and to transform capitalism into a system that benefits all of us.

An example of that is the law firm Paul, Weiss, chaired by Brad Karp. It motivated the industry-wide collaboration creating the COVID Relief Center for victims of the pandemic.

Simultaneously, it has been an early adopter in The Triple Bottom Line, that is expanding capitalism from only chasing profits to the well-being of people and planet earth. That happens in its new practice:  Sustainability & Environmental, Social and Governance Advisory Panel (ESG).

Meanwhile global chairman of Dentons Joe Andrew has been on the front lines of media, looking out for the little guy. The earnestness mirrors the tone and content of a Frank Capra film. Give us more of that, Joe.

The legacy of the Black Plague, document historians, had been an era of regression. The Dark Ages.

It will take a fresh kind of leadership to avoid that globally after COVID-19 finishes with mankind. I have a hunch it is nearly in-place. 

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Who's Road Is It? - 3 Fatal Motorcycle Accidents In 1 Week on Toledo, OH Roads

Roads across America didn't always belong to cars.

Remember the horses. 

But, now the assumption seems to be that cars "own" the roads, even the ones winding along Main Street. Not just those super highways. That could factor into the reasons why there had been 3 fatal motorcycle accidents in Toledo, Ohio. That was in 1 week.

In addition to motorcycles there are more and more scooters, e-bikes, traditional bikes, trikes (3-wheel adult bike) and mopeds struggling to share the road. That's being called "micromobility."

Deloitte is among those which are bullish on this personal transportation small-is-beautiful concept for urban areas.

A whole rack full of bicycles doesn't take the space for 1 parked car.

Micromobility is green.

And, it's within the budget of all generations, especially the over-65. At Wersell's Bike Shop in Toledo, those 3-wheel trikes start at about $400. Peanuts compared to a 2020 Ford Explorer which starts at $32,765. Also, factor in the lower insurance rate. 

The wrench in the works is the safety issue. Not only motorcycle riders are vulnerable to accidents. Each year, for example, almost 800 bicyclists die.

The challenge for those in the regulatory loop is figuring out how to socialize both those in cars and those using alternate personal transportation about sharing the road. Given the economic pall hovering over America and the havoc caused by climate change, the next First Lady might make Micromobility her cause. 

Full Disclosure: Recently, I have owned a trike, traditional bicycle and a moped. But not all at once. To sock away more for semiretirement, I made the decision to go car-free.

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Howdy, Partner at Heidrick & Struggles - Shareholders Might be Puzzled by Use of Resources (and more)

The  current business model for cost-efficiency is to push down responsibility and accountability to lower-paid but highly trained resources.

In healthcare, for example, for five years I have been served well by physician assistants. Not medical doctors.

Tuesday, one issued me a prescription for an antidepressant. The intake was efficient and comprehensive. No, I didn't have to consult (and pay for) a mental health specialist.

So I was puzzled in my encounter with search/executive development corporation Heidrick & Struggles to be dealing with a partner. 

After all, I was applying for a part-time contract coaching opportunity. Here, let me introduce myself - Download ReimaginingYourPersonalBrandwithJaneGenova

No, I wasn't applying for a permanent full-time C-suite position such as Senior Vice President of Search.

I approached Heidrick & Struggles through an unsolicited resume, transmitted via email.

I learned that very effective tactic from "What Color Is Your Parachute?" by Richard Bolles.

Back in the late 1970s when I read that career guide (it's updated annually right up to the present time) I tried it out.

Within three weeks I catapulted from nonprofit to the private sector. My compensation went from about $11k to $22k. I received a country club membership. My superiors assessed my developmental needs, rotated me around the company and flew me to specialized training. Days of heaven. 

In the late 1980s, when I launched a boutique, I again leveraged that way of pitching. Within seven months I was earning $30k more than I had been grossing in corporate (healthcare insurance was very affordable then so that wasn't a significant expense I had to deal with in self-employment).

But there is plenty of rejection or just no-response in that mode of a search for work. So, I was over the moon when Heidrick & Struggles responded to my pitch. It listed three time slots for the one-hour video interview. That was a Monday. 

The standard MO, at least in my experience, is for the company to lock in automatically the time as soon as you indicate you continue to be interested.

There was no such notification all day Monday.

Nothing Tuesday.

I figured, perhaps wrongly, that the on-the-ball thing to do was to follow-up. That I did on Wednesday.

The rest could forever remain a darkness in my memory bank.

Get this: A partner was in the loop. He was a point of contact on the email.

That partner responded. And, that email response was with a tone and content I never had expected. Also, I hadn't bumped into anything similar in my decades in professional life.

Immediately, I responded by email that I seemed not to be a fit for Heidrick & Struggles, withdrew my application for assignments and cancelled an appointment that was then made after I had made the contact.

First let me tell you: I am from the mean streets of Jersey City, New Jersey. That ability to "roll with the punches" is embedded.

In addition, I had been socialized by the Frank Hague political machine. I understand how power operates.

However, after the partner's email I speedcycled through two anxiety attacks.

No, I am not a cry-baby. But I decided to share that experience with Heidrick & Struggles' human resources, the legal department and the chief executive officer's office.

The response came from Heidrick & Struggle's in-house legal department.

I experienced that email as lacking human connection. To me it also seemed inward looking, not focused on me.

Specifically, I perceived it not aligned with the investing ESG ethos of including people in what business is about. That is, going beyond the one-dimensional bottom line or the total focus on maximizing profits. ESG is also called "the triple bottom line."

As I noted, I have been on medication for clinical depression for three days. It should kick in another week or so.

I know from my legal training and being a syndicated legal blogger, that it is inappropriate to even suggest a correlation between X and Y, never mind a cause-and-effect relationship. I am not making any accusations. It is indeed possible that the anxiety attacks and the clinical depression are just the result of the reality that life is an existential tragedy. 

But I also know, as an investor myself (but not in Heidrick & Struggles), that it is curious how this corporation seems to function.

Recent analysts' decisions about the stock should raise concerns. In Q2, Nuveen Asset Management lowered its stake in Heidrick & Struggles by 14.6%. Zacks Investment Research changed its rating from "buy" to "hold."

Why am I sharing these two encounters with you?

My mission is that this sort of thing doesn't happen to other vendors to this corporations and other firms in professional services. It can stop right here.

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Law Firm Lateral Market Down 30%, But Some Practices Caught Fire (and big brandnames continue to be poached)

"Hiring in bread-and-butter practices such as corporate M&A and litigation, which drove firm profits in the decade before the novel coronavirus pandemic, has slowed dramatically, even as areas like bankruptcy and data privacy see a flurry of action, causing lateral movement to drop year over year by nearly a third." - Dylan Jackson, Law.com, October 8, 2020.

Among what's pulling down the lateral market 30% are these four practice areas: energy, finance, M&A and litigation. With courts closed or operating on a limited basis, the latter is no surprise. In fact, even litigation financing is off. The biggest player in that industry - Burford Capital - reduced its commitment 72% during the first part of 2020.

Therefore, the search industry in the legal sector's lateral niche, at least firms dominating those slowed-down sectors, has taken a hit.

But, there are pockets in lateral search which are thriving. They include bankruptcy and data privacy. Growth is the Golden Grail in the legal sector. So critical is growth that chasing after it helped do in Dewey & LeBoeuf. In The New Yorker, James Stewart wrote the obituary of Dewey & LeBoeuf.

What also props up the lateral market are the blockbuster brandnames who wind up getting poached. Such a "get" can in itself enhance the brand of the acquiring firm and throw shade of the firm losing the star presences. Most businesses derive their value from the celebrities on the masthead.

The recent iconic example of growth through laterals had been the exit of Karen Dunn and Bill Isaacson from the executive committee at Boies Schiller. They went to Paul, Weiss.

This particular lateral transaction was part of the Paul, Weiss chairman Brad Karp's strategy to expand the law firm's footprint beyond the New York and the Washington D.C. markets. The target is Northern California tech. 

Karp has also expanded the Paul, Weiss brand into ESG. The new practice is Sustainability & Environmental, Social and Governance Advisory.

Increasingly, as is showcased in the falloff in activity in the lateral market, what practices the law firm is in determine not only if it will continue scaling. Survival could be at stake. Darkness hovers over the second half of 2020 for law firms. Much of the lateral market can go on hold.

Reflection: Should an outlet in legal media establish an award for the most successful lateral activity by a law firm? It's a power tool for growth.

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Trade Associations - Messaging and Liability Concerns

Trade associations, ranging from the American Bar Association to the US Chamber of Commerce, have been fighting for their lives.

In a digital era in which just about anyone can be a lobbyist and can network effectively, their reason for existing is being questioned. The decline in membership hits their pocketbooks. 

Now, though, there is another problem and that could directly impact their pocketbook  - in legal fees and then in any verdicts or settlements.

The trade association as we have known it could be on short time. 

Bloomberg Law reports that the trade association for the oil and gas industry - American Petroleum Institute - is being sued at the state and local levels. The plaintiffs are associated with concerns about climate change. Given the current wildfires and hurricanes, constituencies out there ranging from Congress to Main Street to Generation i are all ears. 

The API has been accused of putting out there climate change misinformation about research, downplaying the peril of climate change and greenwashing climate change information. Lawsuits have been filed in Minnesota, Hoboken, New Jersey and Delaware. Here is the complaint from DE.

Essentially the liability is linked to messaging. And all trade associations have to now review what their messaging had been over the years and what it is now. In itself that could land them as defendants in litigation.

Of course, shade being thrown on trade associations is nothing new. Some remember the era of the BigLitigation alleging various industries caused a public nuisance. Those ranged from tobacco to lead paint.

In the state level class actions lawsuits regarding lead paint the Lead Paint Association was not an actual defendant but its documents constituted evidence that was cited by the plaintiffs.

The most high profile of those had been the Rhode Island lead paint class action public nuisance multiple trials. Sherwin-Williams had been one of the defendants, represented by Jones Day. Meanwhile, the Lead Paint Association had been represented in the court of public opinion by public affairs firm The Dilenschneider Group. 

Likely, with messaging on the hook, law firms and public relations agencies will have to work closely together to be proactive in preventing litigation. However, if that doesn't pan out then they must collaborate on the defense. Often the court of public opinion is more powerful than the court of law. 

As is well known, the oil industry is in a recession. The media coverage of the API litigation can deepen that financial reversal of fortune. The Wall Street Journal analyzed what has gone very wrong at Exxon Mobil. Recently it had two quarterly losses and had been removed from the Dow. Fossil fuels just aren't cool, not any more. Yet, Exxon Mobil doubled down on its investment in them. 

Meanwhile, this very real threat of litigation is another arrow in the heart of the trade association. Will it be around in five years? Many well-paying high-status jobs are part of the administration of trade associations. That has provided ammo for critics of trade associations. 

Incidentally, some might recall the sustained campaign of the late Jack O'Dwyer, founder of J.R. O'Dwyer Inc, against public relations trade association PRSA. That push-back  was influential. Among O'Dwyer's myriad accomplishments was being an early adopter of digital communications for his own messaging. Much of the rest of public relations media had been in denial of the importance of digital. 

Full Disclosure: I had blogged the 2005 -2006 RI lead paint trial. 

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Joe Kennedy III v. Ed Markey - Here, We Go Again

Alliances or the lack of them become visible in the political endorsement game.

Everyone observed that Elizabeth Warren, who had been Joe Kennedy III's professor at Harvard Law School, didn't endorse him in his U.S. Senate campaign. Instead Warren supported incumbent Ed Markey. Mmmm, the political analysts thought to themselves: Let's look at what that means. 

Now, as MA race becomes more heated, the spotlight is on Nancy Pelosi's endorsement. It has gone for Joe. What that could mean is that Pelosi intends to stick it to AOC. It was Markey who sponsored AOC's Green New Deal. The right-of-center New York Post is enjoying this catfight. 

Lots is at stake in Kennedy v Markey.

If Kennedy loses, the Kennedy aura could finally give way. If he wins, some might interpret that as a victory of youth over age. And all aging politicos would have to review how they are being perceived. 

Age is taking a brutal beating during COVID-19. 

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Micromobility: Small Is Cool, Affordable, Green, But Is It Safe? (emerging opportunities for personal injury lawyers)

Those scooters, e-bikes, traditional bikes (including the designer ones costing $5K), trikes (adult tricycles), mopeds, and motorcycles are more and more visible on the roads.

Deloitte labels that phenomenon "Micromobility." And here is its white paper on that trend. Meanwhile, the driverless car is stalled right now. 

Micromobility is cool.

It's quite green.

It's affordable, both in the initial purchase and for insurance.

And it's perfect for zipping around urban areas. It's especially a blessing for all those food delivery folks.

But, what about the safety?

Finally, New York state caved in allowing e-scooters and e-bikes. But will the state regret that decision and walk back the law? E-scooter deaths have already attracted plenty of attention, both in that state and nationally.

A major part of the earlier controversy in NY state had been the safety concern. And, with good reason. Here in Toledo Metro Area, this weekend there had been two micromobility deaths.

Small may be beautiful. But it is less visible. Also, it's still a visible adjustment for car drivers to learn to share the road with the micros. They have to re-orient their driving habits not only to be on the look-out for other cars and big trucks but those smaller contraptions. 

When I rode my moped, with a max speed of 28 miles an hour, on regular roadways, frequently I got horned. That was jarring. But what was downright dangerous was the driving too close along-side me or behind me to deliver a message that the moped was not welcome.

For traditional bicycles, surging in popularity, it's a somewhat different story. They are allowed on sidewalks. However, where there are no sidewalks, they share the roadways with cars - and that can be at their peril. 

Like the early days of the internet, for micromobility there is not yet a solid regulatory infrastructure. Here e-bikes are allowed on mountain trails. But not there. Here the max speed for an e-bike is below 30 miles an hour. But there, sure, you can give the throttle a total twist. That leaves those using the micros more or less on their own to determine what would be safe.

That lack of a regulatory structure provides fresh opportunities for personal injury lawyers. The cases could be interesting, lucrative, and create brandnames for lawyers. 

UPDATE:

Simon Cowell of "America Got Talent" broke his back while testing out a new e-bike. He received surgery. Vulture provides more details.

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Ed Markey: The Barack Obama of Massachusetts

The genius of young politico Barack Obama was to recognize the power of mobile technology. He got it: It could connect directly with voters - and raise money. For instance, his posse of mobilites used texting to alert individuals about rallies and fundraisers.

Well, U.S. Senator Ed Markey has taken a page from that playbook.

His busy-bee bands of supporters in the dead-heat campaign against Joe Kennedy III for the U.S. Senate seat in Massachusetts leveraged social network Twitter and DM (direct messaging).

The objective - which succeeded - was to demotivate Broadway big names from participating in a theatrical fundraiser for Kennedy.

In Boston Magazine, Alyssa Vaughn reports that Playbill had announced a gala 30-minute pre-taped streamed concerts.

It would feature giants such as Rita Moreno.

To loop in would only cost audience members five bucks. Obviously, that was good idea for COVID-19 times. So much is still closed or operating at limited capacity.

Not only would the virtual theatrical event generate money. It would position and package Kennedy as cool. Everyone loves a show.

Well, the busy bees kept at it. They embraced tech platforms to get the message out that it was Markey, not Kennedy, who was the most progressive of them all.

They hammered Markey's track record in the U.S. Senate.

He aligns with the woke.

And, come on, he is a proven entity. In these wild political times, it's no time to change horses - especially if their performance record isn't equal. 

Enough of the stars dropped out to put the show on-hold. 

Markey comes across as a powerhouse. You bet, he knew exactly how to encounter the threat locked and loaded. And, for heaven's sake, the ammo was technology-based.

The Kennedy camp labels the push-back as cyberbullying. But, like, who cares. Markey has reinvented himself as totally-with-it. And a warrior. 

The primary is September 1st. Should Kennedy, who isn't running for his seat in Congress, lose, the Kennedy brand could collapse. Enough of 'em, already. They had their time. But, apparently they are not of this time the way Markey is.

The world will watch the September 1st election results on their devices. 

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Junior Lawyers WFH - Possible to Ditch Car, Pay Off Student Loans Faster

"Bike sales are leaping." - Jason Gay, The Wall Street Journal, May 29, 2020.

Change tends to happen in clusters.

There has been the work from home (WFH) phenomenon.

Then, what popped up was this: people on bikes.  

Biking wherever was one way to get out of the home office and, since it provides social distance, beyond the tyrannical hold of the lockdown.

Also, the embrace of biking could be a way to test out the unthinkable: ditching ownership of the car. According to Nerd Wallet, on the average that can run $8,469 each year for an auto doing about 15,000 miles a year.

That means for junior lawyers an added $8K can be put annually toward getting rid of law school student loan debt. Just consider the interest not piling on. 

A sign of biking times, two weeks ago, I put a for-sale notice on the Next Door listserv (free to post) for a trike (adult tricycle) I purchased in October 2019. Back then, I had finished with car ownership. However, I didn't feel okay about two wheels - not yet.

Within 24 hours I had sold the trike (it hadn't been cheap) for only $100 less than the original purchase price.

While triking I had regained my confidence in doing two wheels. Soon I will cruise flea markets for cheap traditional one-gear female two-wheelers. There are plenty of them, for peanuts. The demand is for designer bikes with sophisticated technology.

Beyond money, there are other factors underlying the biking craze. For example, unlike the bunker of driving  a car, bike riding opens us to socializing. There's even a great deal of civility among bikers.  

In addition, there is the green aspect.

Could the death of the global auto industry be in play? After all, the old notion of the commute to work is in the over phases. 

What is puzzling is why it took me so long to take that leap out of four wheels and large and unpredictable maintenance expense. Answer: In much of conventional society there is the car mindset. Those without four wheels are assumed to be financially in some kind of pickle.

My hunch is that the auto industry socialized ordinary people to purchase cars. Or, face public shaming.

No surprise, the driver's license became the standard document for formal identity.

That could all be on the way out.

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Elite Law-School Student Activism

Gone, at least in the top tier of the T-14, is the intimidated law school student.

Some at Harvard, Yale, New York University, et al. have taken on the role of activist. 

One of the targets is, surprisingly, what could be their future employer: BigLaw.

Among their objectives is ending the mandatory arbitration policies still in effect at some law firms. Those can protect the practice of sexual misconduct and other forms of power abuse. Because of pressures from myriad sources, a number of law firms have already ditched them. However, since some still maintain that policy, law school activists are still at it. 

Another focus has been a puzzling one. There is an attack on Paul Weiss' representation of ExxonMobil. This is the era of climate change and that energy corporation is cast as a villain.

However, law students should have down cold that every entity in the U.S. has the right to a defense. 

It's one thing for investigative journalist Ronan Farrow to have made an issue of lawyer David Boies' defense of Harvey Weinstein and how he did that. Many recall The New Yorker article "Harvey Weinstein's Army of Spies."

However, it's another thing for those in the actual legal loop to vilify lawyers who take on unpopular clients. 

One of the most interesting legal players currently is Norm Pattis. With great pride and lots of smart media tactics he represented Connecticut pariah Fotis Dulos. The client had been accused of murdering his missing wife Jennifer. Prior to a hearing in which he anticipated his bail would be revoked, Dulos attempted suicide and later died. Pattis pledged to try to continue the courtroom battle to prove the defendant innocent. 

Pattis might pen an op-ed for a major media outlet on the need in this era of extreme political correctness to preserve respect for the right to a defense.

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