Law And More

Boies Schiller Transformation - In Speeded-Up Business Cycle, The Past Quickly Can Become Irrelevant

Partner defections?

Allegations of a too aggressive litigation style?

Media pile-on?

Questions about conflict of interest?

All that, darkness associated with Boies Schiller's past, could be becoming irrelevant to its branding - or, more accurately, its rebranding.

Given the accelerated pace of business, what counts is the now. Call it The Zen of Business. Now is the fundamental of the Zen philosophy. 

Stakeholders don't care about Microsoft's falling behind in the tech world. They focus on what Microsoft is about currently. The same applies to laggard IBM. Its recent split into two hasn't impressed myriad watchers of its stock. So, its now is not promising as transformation.

For distressed Boies Schiller it could be a very different story. A major move forward in its transformation has been the work of partner Sigrid McCawley. She represents alleged Jeffrey Epstein victim Virginia Giuffre. Last Thursday, McCawley's defense team achieved the release to the public of Ghislaine Maxwell's 2106 deposition.

As The Guardian reports:

"This document ... is among about a dozen long-awaited Maxwell files that have been unsealed, with the first filing involving Epstein accuser Virginia Giuffre’s lawyer alleging the British socialite avoided a question 'about allegedly adult sexual activity related to Jeffrey Epstein.'" 

Therefore, it's no surprise that McCawley has been designated Litigator of the Year by American Lawyer. Law.com framed that recognition in this way:

'There aren’t too many 408-page transcripts of evasive deposition testimony that would warrant Litigator of the Week honors. Then again, there aren’t too many cases like the one lawyers for Boies Schiller Flexner have been handling for Virginia Roberts Giuffre for the past half-decade-plus."

Given how many unanswered questions are associated with Epstein, Maxwell and other big-name players such as Prince Andrew, this story is major. And, it's exactly the media platform Boies Schiller requires for a comeback. 

On other fronts, the law firm is also focusing on restructuring. As FN reports, that has included:

• Like many other elite law firms, becoming more cost-efficient through RIFs of staff
• Consolidating 13 locations into six or seven
• Promoting new talent, moving away from relying on the singular star founder David Boies
• Beefing up bankruptcy and restructuring practices, including lateral hires.

Partners and promising associates still with Boies Schiller could decide to stay put. Fresh talent can decide to interview with the firm. Client churn can be reduced. And prospects could be more receptive to a pitch.

Congratulations, Sigrid McCawley.

Meanwhile, Paul Weiss and its chairman Brad Karp have developed a branding aura during numerous lateral hires of Boies Schiller partners. 

Overall, the branding game has mutated into the challenge of sustaining the unique positioning and packaging. Differentiation is mandated reality. Elite law firms have developed the confidence to pull away from the herd. That has included decisions about:

• Fall bonuses (not being intimidated by high-profile bonus wars).
• Representing controversial clients, without an apologia.
• Layoffs of lawyers (despite political incorrectness of that tactic).
• Building or beefing up practices through aggressive lateral activity (which in itself has become a branding tactic).
• Expanding out of traditional boundaries of practicing law. (Multiple sources of income are losing its stigma.)
• Ignoring protestors (that is, blowing off establishment and tabloid media coverage)
• Marketing in new ways. Law firm CMOs can embrace Substack.

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California Thanksgiving 2020 - Norman Rockwell Doesn't Live There, Not Anymore

This mandate from California's Governor Gavin Newsom could make it to "SNL."

But already, knocked from the entertainment box (and former Jones Day associate) Megyn Kelly is leveraging it as a platform for a comeback. Daily Mail features her vilification of those orders for how the residents of CA have to spend their Thanksgiving. 

Among the rules are:

• Dinner be outside (yes, you can go inside to use the bathroom but only if it has been sanitized)
• Guests limited to 3 households
• People must sit 6 feet apart
• Masks are a must, except when eating
• Duration of dinner not to exceed 2 hours.

No surprise, Kelly, who is operating her own podcast media, ridicules it. As if she couldn't find a more seminal issue. Her tragic flaw is that she can't engage, at least not beyond the brittle Fox News politico persona. And, I have a hunch she won't have much of sustained reach with this podcasting one. 

What's obvious is that the warm and fuzzy type of Normal Rockwell Thanksgiving isn't welcome in CA. Since that state is a trendsetter, Newsom's model can catch on.

So, there the nation will be, at the McDonald's drive-thru each person ordering up 2 turkey burgers, double french fries, small green salad, a sugary beverage and chocolate chip cookies.

And we can enjoy a good belly laugh as we share our horn of plenty with two other households outside in a Midwest winter. Things, as we head into the Winter of COVID-19, maybe won't get better than that. 

Meanwhile, those in the legal community await the court's decision on the request for a dismissal of  the racial bias lawsuit "Christine Crawford, et al. v. McDonald's USA." This is among the high-profile legal actions of 2020. 

Paul Weiss partner and former U.S. Attorney General in the Obama Administration Loretta Lynch filed that dismissal  motion. What makes the case riveting are two things.

On the side of the defense, Lynch is a woman of color.

In addition, there is the central question: Were the more 50 defendants unskilled businesspeople or victims of racial bias?

Brad Karp is the chairman of Paul Weiss. Part of his genius is attracting brandname lawyers such as Lynch to join Paul Weiss. The lateral game is where the big moves are currently. In themselves, laterals are a major legal story of 2020.

Traditionally, in the AmLaw 200, holidays like Thanksgiving (or even one's wedding) are irrelevant. Likely Newsom's mandate won't even trigger a smirk. 

Elsewhere, it could be a flashpoint for those w/o a funny bone.

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Harvard Law School - Transform "Career" Whatever to "Work"

On its website, Harvard Law School devotes a whole section to Careers.

Those in the trenches of this volatile economy roll our eyes.

After all, consulting firm Willis Towers Watson made it official: The old-line career path is mutating into a broad and nonlinear portfolio of work experiences. The new story we tell those hiring for jobs (what a quaint concept) and project assignments (more aligned with the times) is how those experiences make us the one to generate the results they need.

So, yes, rename the Career whatevers at Harvard and other law schools as simply "Work." Those searching for actual work or insight about how to transition could recognize the portfolio approach is more open than the careerist track for earning a good living.

Also, it could be fun for them to be creative about pulling together their myriad income-producing stints out there and packaging them as "Here's what I can do for you, Employer/Project Leader."

In itself that might reduce the mental illness and substance abuse which are at an-above-average rate in the legal sector. For example, when in one work slot, no one has to hang on for dear life to hold onto that source of income. The skills acquired can simply be tucked into the portfolio of experiences and resold somewhere else. 

For some, this is nothing new. The methodology was arrived at intuitively, to be able to make a living. An early example of that among the so-called best and brightest was the collapse of the academic market for doctorates in the humanities in the beginning of the 1970s.

The government had gotten it wrong. It predicted a surge in demand for college professors in that niche. It funded that projected need with the NDEA Title IV fellowship, providing a free ride for those willing to invest several years matriculating for the doctorate degree.

We wound up as a new tragic version of a Lost Generation. Those of us who were able to loop out of that disaster have done this: We keep repackaging those years "pursuing academic excellence" into what we could and actually are selling on the labor market. Yes, Project Manager, I have been trained in research. 

Currently, law firms, just like so many other businesses, are struggling to restructure. The "law firm" as we have known it might be a fading memory by 2025.

Harvard Law School can prepare its students and alumni for that now.

First steps:

Tear down all signage about "careers."

Talk straight about work: landing it, holding onto it and moving on to other kinds of work.

Provide free workshops on creative repackaging. In continually doing mine, I discovered I could leverage the record number of subscriptions I sold for the Newark Star Ledger as a fundraiser for Sacred Heart Parish School. I was 12. I was awarded a three-speed bike. 

Then, to siphon off angst, post the logo of those adorable seven little guys whose work is joy. No, work doesn't have to mean suffering.

The Future of Work is now. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

 

Dog Fight in Search - Heidrick & Struggles

"Like industries across the country, and the world, executive search was devastated by the initial impact of the COVID-19 crisis. But a newly-released Q2 report on the industry by recruitment software developer Thrive suggests that recovery may be closer than many people expect." - HuntScalonMedia, August 18, 2020.

Whether the search for professionals is going on for public corporations or for law firms, there's a dog fight to be assigned the search. Next, is the challenge of completing the search.  

Given the high uncertainty in the global economy, new kinds of skills are required for both parts of the recruiting process. One is extreme competence in Emotional Intelligence (EI). Before Dan Goleman brought that term mainstream, that used to be known as "soft skills." 

If the recovery can maintain traction (doubtful as COVID-19 circles back in Europe and the U.S.), the question is how will the major players in executive search such as Heidrick & Struggles do? Probably more to the point, which competitors can even hold their own if the recovery falls off the cliff?

Yes, hear the hungry dogs growling about this one.

Admittedly, I am operating on a very small sample: They were two experiences I had in one traumatic day with Heidrick & Struggles. One was with a global partner. The other was with a lawyer in the corporation's in-house legal department. Soft skills? Didn't bump into them any time that day. Here is my story.

Meanwhile, next week Heidrick & Struggles will do its earnings call. Last July, that didn't go so hot. 

Wall Street analysts expect a year-over-year decline in earnings because of reduced revenues. Bank of America has already reduced its stake in Heidrick & Struggles.

That Moment of Truth:

Question:

Would I recommend Heidrick & Struggles to my clients who are restructuring and searching for new kinds of skills? 

Answer: No. I remain undone by two encounters of the strangest kind with Heidrick & Struggles. Some stuff, it seems, you just can't shake.

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Lateral Market - Don't Dare Go Near It W/O (big) Book of Business

Smirk Smirk Smirk.

"Firms have taken less of a chance on hiring partners with smaller books of business or so-called service partners. Recruiters have noticed a slowdown with one-off partner moves. Instead, firms are looking for proven winners amid a recession." - Christine Simmons, Law.com, October 22, 2020.

The platitude in professional services such as law is that the number-one asset is the talent. However, with so many new variables impacting the sector, that talent is only of value if it has already achieved considerable success. Talent per se? That's something Mr. Rogers would sing about. 

So, for potential? Forget it. There is no shortage of raw young talent clamoring to be admitted to the Up or Out system of The Law Firm. Most of them will never make that shift from promise to productivity (3,000+ hours, hauling in new business).

Yet, naively, disgruntled associates and magical-thinking law students leverage the talent argument. They frame their beef about no fall bonuses or a law firm's controversial client on the contention that such decision-making is driving away talent.

For a entry level salary of near $200k, there will always be a glut of talent applying. If, once inside, it can't exceed what's expected it can no longer take refuge in the identity of "potential." 

This isn't unique to the law firm ethos. In those other professional services, ranging from public relations to marketing, what's becoming a standard question to applicants for both jobs and gig assignments is: What business are you bringing in? The hiring process will yield a better outcome for those who have a uncle who needs promotional services.

What I tell those I coach: A brandname now is the price of entry. Focus on developing and enhancing yours through multi-dimensional achievements and self-promotion.

The Future of Work is now. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

 

Trendsetter San Francisco Passes Caren Act - Expect More of These

"The San Francisco Board of Supervisors on Tuesday unanimously voted to approve the Caution Against Racially and Exploitative Non-Emergencies (CAREN) Act – a new hate crime law that makes it illegal for someone to call the police based on a racially-biased and false complaint ..." - Jerry Lambe, Law & Crime, October 21, 2020. 

As this press release from the Board explains, there is a two-fold mission of the Act. One is to expand the definition of the protective classes. And, the other is to prevent calls to 911 to report alleged misconduct by those being harassed by "Karens," although they are doing nothing against the law or even offensive.

"Karen" is the moniker for middle aged white women who contact law enforcement about people of color. They target both men and women, in all settings. Be that a park in Manhattan or a swimming pool at a chain hotel. 

Despite the severe punishment the original Karen - Amy Cooper - has received, the contacts to law enforcement have continued unabated. 

Given that California is a trendsetter for legalities, the Caren Act is bound to catch fire across the U.S.

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"Career Path" - The Language of Stable Economic Times

It's official. That is, according to global advisory firm Willis Towers Watson. 

The career path is dead. 

Instead, human beings will create strategies and tactics for enhancing their "portfolio of skills." Those you will sell on the global labor market. 

That changes everything. But, in the traditional legal sector, the change will come later than sooner. Likely the language of careerism will dominate guidance in law schools and performance appraisal discussions at law firms. Yes, associates will still have to configure conversations with associates in the 20th century terminology of careerism.

In more fast-moving sectors, the shift is already happening. The way to pitch yourself is to be blunt and brief: This is what I can do for you. Then, you quantify how the "this" had been achieved in the past. The resume reads like a laundry list of skills. Next to them are results delivered. Professional life mutates to a sales pitch.

Perhaps it will take another global financial crash for those in the law loop to focus on stocking their skills portfolio versus sketching out grandiose career paths.

The Future of Work is now. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

 

The Future of Work & Who's an "Employee" - Cleveland, OH Exotic Dancers Make the Cut

"A Cleveland-area strip club owes about $30,000 in back pay to two exotic dancers after the Sixth Circuit said Tuesday that ample evidence exists to find they were employees entitled to minimum and overtime wages." - Kathleen Dailey, Bloomberg Law, October 20, 2020.

That court decision affirms earlier ones by the Third, Fourth and Fifth circuits, as well as several district courts.

Employers may also interpret the ruling as a signal of how the legal system is defining and will define work status. What is interesting about this case is that the decision is on the federal level. The AB5 law in California about reclassifying gig workers as employees is a state one. 

Therefore, among the many unknowns business is dealing with is if it can depend on a contingent workforce or will it have to provide all manpower with the rights and protections of employees. No surprise, analyzing how The Future of Work may play out has become a niche industry for management consultants and think tanks. 

Those opposing reclassification hammer that such as legal move destroys jobs. Instead of hiring a human being as an employee, why not just explore what kinds of software can replace him or her. McKinsey & Company projects that 800 million jobs around the world could go poof by 2030 because of Artificial Intelligence. 

Increasingly, distressed businesses don't view themselves as providing a "safety net" for helping human beings make ends meet. Hiring might sound like a patriotic notion in the U.S. But that's less and less embedded in the business model.

The Future of Work. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

Pedophilia - Revulsion Blocking Treatment

"Pedophilia Is a Mental Health Issue. It's Still Not Treated as One." - Shayla Love, Vice, August 24, 2020.

Pedophilia is where love for someone of the same sex had been in what seems like light years ago.

The revulsion associated with sexual attraction to children has impeded research as well as any attempt to get treatment.

That's even the situation for those who are plagued with fantasies but never acted on them. For them it's been difficult to gain access to medications known to tame those intrusive thoughts.

Equally challenging is locating mental health professionals who understand such a mindset. If they do, then they fear the therapists will report that pattern of lustful thinking to the authorities.

What they do have are self-help groups such as Virtuous Pedophiles and the Association for Sexual Abuse Prevention.

Those who move from fantasy to actual molestation and wind up incarcerated also can't expect treatment. In contrast, there are modalities available in the correction systems for addressing alcohol and drug abuse. Twelve-step program Alcoholics Anonymous is packed with members who initially sobered up or got clean in jail or prison. Common is the exclamation: Getting locked up was the best thing that ever happened to me. Otherwise, they assume they would have drank themselves to death or overdosed.

Those in the front lines of having pedophilia understood and treated as a mental illness will face myriad obstacles. Meanwhile, the suffering for all in the loop is profound. 

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

Who Is That Masked Man? - 5 Lessons on How to Navigate the Highly Political World of a Law Firm

Smoothly, Chris Christie is leveraging his 7 days in ICU as the platform for exiting Trumpworld.

The face mask has been politized. Christie confesses to the world his grave error in not wearing a mask when prepping Donald Trump for the debate. In the Trump Administration, the mask, of course, is a symbol of oppression. That is despite the high probability that it's absence inflicted COVID-19 on both the U.S. President's wife and son. 

The dots aren't hard to connect on this one.

Christie in not alone in distancing himself from what was once quite the power circle.

The headline of Catie Edmonson's article in The New York Times reads:

"Fearing a 'Blood Bath,' Republican Senators Begin to Edge Away from Trump."

The current phenomenon of flight from the divine right of kings presents useful lessons for everyone in law firms, ranging from equity partners (who are getting demoted) to staff (who are experiencing a Stalin-like purge). There are 5.

The large law firm, as is obvious, is a highly political institution. Usually to survive and scale it's necessary to be a political animal. That term, though, has become uncool. The new language for that includes "soft skills." "emotional intelligence" and "personal branding." Instead of focusing on raw power, the positioning and packaging objective is for "presence."

Yes, language is everything. In the high profile gender bias lawsuit "Tolton, etc. versus Jones Day," the defendant's big cheese in the D.C. office - Steve Brogan - is cast as the villain having total control of compensation and promotion. In that situation "power" has a very bad connotation.

As I see it, here is what is being confirmed in the Christie Masked stance. All 5 lessons are must-knows for to navigating law-firm life:

• Never be direct. Lawyers should know that. But amid all the pressures of that workplace, players might just let it a out. If there is a witness or witnesses, they can be sued. The media will run with it. Associates will notify Abovethelaw. Gay lawyer Aaron Charney nailed 'em for that kind of talk.

 

• Loyalty has to be managed with great care. It can be an asset. It can be a liability. Ditching those losing power can wind up ending one's own career. A dying animal can turn vicious. 

 

• Always nurture new sources of power. Everything changes.

 

• Build networks outside the organization. That blogger can deliver a hit on an enemy. The most effective attacks come from third parties. 

 

• Do favors. In a sense, they are kinds of Trojan Horses. They impose obligation on the receivers of the gift. You then can proceed from a position of some strength in the relationship.

It could just be that the law firm, as with Washington D.C., is more about power than wealth per se. (Agreed, wealth is a source of power.) Not that it's unique in that. Academia also operates on power. So, do most religious organizations. 

Those who cannot or will not embrace that as a given should search for other types of games. Self-employment, for instance, can be significantly less political than chasing tenure in a university or trying to build a congregation.

The best game plan, though, could be establishing multiple sources of income. Here is how that can go. Prediction: Multiple sources of income will become a necessary hedge in The Future of Work.

Full Disclosure: I came of age amid the last vestiges of the Frank Hague political machine. There was no margin for interactional error. None. Be perceived as not loyal and you had to move out of Hudson County, New Jersey. 

The Future of Work. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)