Law And More

Jones Day - Hit with More Bad Press about Alleged Bad Behavior toward Female Lawyers

Again, there are headlines in the legal media about alleged misconduct toward female lawyers at Jones Day.

Those allegations grabbing the major coverage primarily have been focused on gender bias in compensation and upper mobility. In "Tolton et al. v Jones Day," superlawfirm in the employment discrimination lawsuit space Sanford Heisler Sharp is representing the plaintiffs. 

Now, thanks to Law.com, the news has moved to an alleged epidemic of inappropriate sexual behavior in the London office. Legal Week had conducted an investigation.

So, again the culture of Jones Day, once a black box, has been pried open for at least a peek. 

Sure, Jones Day is a useful credential on a resume. After all, former Fox News star Megyn Kelly (now struggling for a comeback) started out her career at Jones Day. Also, she had enough of a legal mindset to oversee a whopper of a good-bye package from NBC when her two shows didn't pan out.

However, with all this negative press about what females have to allegedly endure to get that resume plus, female members of the Class of 2020 might not apply for positions.

Also, laterals with a book of business might just smirk at what's allegedly going on at Jones Day and tell the recruiter "Anywhere but Jones Day."

Meanwhile, Abovethelaw superjournalist Joe Patrice continues to track, analyze, and interpret the unique goings-on at Jones Day.

Iconic has been his article on how Jones Day had been leveraging its ties to the Trump Administration seemingly for new business development. We look to Patrice for insight on the possible and actual impacts of the impeachment process on the Jones Day brand. 

In terms of drama, Jones Day is the perfect story for a television network special on how the law firm is positioning and packaging itself in the post-#MeToo era. The producer could call in Patrice for commentary.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Elijah Cummings Leaves Much Unfinished Work on House Oversight and Reform Committee

It's one of the signature stories associated with Elijah Cummings. As AP recounts at his death, in grade school the counselor essentially told him that he would never amount to anything. That included his dream of becoming a lawyer.

That fired his determination.

As the world knows, Cummings went way beyond that. He had been able to master the complex game of power. At his death he had headed the House Oversight and Reform Committee. In addition, he made the needs of the poor his political business. U.S. Donald Trump has referred to those constituents as residing in a "roach-infested mess."

Cummings' Committee was one of those involved in the presidential impeachment inquiry. He leaves behind, of course, much unfinished work. His passing puts the burden on others to take up the cause of preserving what has been best about America. 

 

Theatrics Escalate in Dispute Between DLA Piper and Vanina Guerrero

The theatrics generated by Vanina Guerrero's mission to have allegations about Louis Lehot settled in court, not arbitration, and her employer DLA Piper's responses are escalating - exponentially.

The latest bit of drama is that DLA Piper has put her on paid leave.

As Time reports, she has been told to not come into the office and to not communicate with clients. Her email had been shut down before she possibly could send another open-letter type announcement about this new development.

The reason for placing the junior partner on leave, the law firm states, is that in its investigation of Guerrero's claims about Lehot's sexual behavior other serious issues about her own conduct have surfaced. They are not related to her contentions about Lehot.

The law firm would not be specific. Therefore, Guerrero is not aware what in her previous conduct at the law firm has created this new issue.

Earlier, other theatrics have included the abrupt parting of ways between the law firm and Lehot.

Also, media outlets have covered that the firm is still sticking with its mandatory arbitration policy. That is despite the reality that a number of other law firms have backed away from that. That seems odd.

Also, there was the matter of the two open letters sent by Guerrero. One was distributed internally. The other was routed to high-profile U.S. Senator and presidential candidate Kamala Harris. That communications strategy during a legal dispute is controversial. 

A fallout from the drama is that both the brandnames of the law firm and of Guerrero could be damaged. Those following this saga can declare: A pox on both their houses.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Atatiana Jefferson Family's Lawyer S. Lee Merritt Called the Death "Murder" - Law Enforcement Agreed

Lawyer S. Lee Merritt had represented the family of Botham Jean.

Now, he's taking on the same role for the family of Atatiana Jefferson.

In sizing up the legal situation, Merritt eventually wound up declaring Jefferson's death "murder."

It didn't take long for law enforcement in Fort Worth, Texas to agree. Aaron Dean, 35, who had shot Jefferson during a wellness check, at first resigned. Then, he was charged with murder. The bond is $200,000. Here are more details from Law and Crime. 

Anyone who is connecting the dots on how blacks often are perceived and treated by law enforcement could conclude that both Jean's and Jefferson's deaths send the message: Blacks are not safe in their own homes. They don't have to be on the street or driving a car to have a bullseye on their back. 

Years ago, now-editor-in-chief Elie Mystal at Abovethelaw would comment on that news platform as well as on social networks about how he felt targeted. He is black.

The irony is that he saw his vulnerability to be detained and more by law enforcement as a reality. That was despite being a graduate of Harvard College and Harvard Law School. 

Mystal was not overstating the lack of personal safety associated with being black in America. 

That's now been documented as a norm. 

The question has shifted to: What the hell was Dean thinking when he fired into Jefferson's window? What is the kind of mindset that pulls the trigger so quickly when blacks are in the loop?

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Should Mia Farrow Be Worried? What We Know from "Court TV"

Of course, investigative reporters have a bullseye on their back.

Probably what saves them from being offed is their high profile as they publish their disclosures. Immediately, we know from "Court TV," law enforcement would interrogate the subjects of those articles. Were they in the loop, such as hiring a hit man?

But that kind of protection isn't bulletproof, pun intended.

Mom of star reporter Ronan Farrow - Mia Farrow - is appropriately worried what her son Ronan Farrow has been up to, reports New York Post. She texted him that she would have preferred he cover subject matter like Betty White.

For two years Farrow has been tracking down sources for The New Yorker articles on allegations about sexual misconduct by powerful men and those who enabled them. Today, his book on all that "Catch and Kill" is being published. On Amazon, already it ranks 6,981 (at least at 6:00 AM New York Time).

In terms of benefiting the public good through his exposes, Farrow might be creating a more significant legacy than Bob Woodward has in helping uncover abuse of power in the Nixon Administration.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Uber - 3rd Round of Layoffs, Meanwhile Chief Legal Officer Tony West Fighting CA AB 5

In Q2 2019 Uber had its largest quarterly loss - $5 billion. Among its impatient investors is big player the SoftBank Group.

So, it's no surprise, as TechCrunch reports, that Uber conducted its third round of layoffs. Reductions in force send the right message to shareholders. The stock rose 3%.

The number of laid-off numbered 35o, mostly based in the U.S. and Canada. They were from Eats, performance marketing, Advanced Tech, recruiting, and other teams.

But Uber's more critical problem is that on January 1, 2020, California's AB 5 will become law.

With a few exceptions, it mandates that gig employees be classified as employees. That would blow up Uber's competitive edge. It contends that it qualifies as an exception since contract drivers are not part of its core business. No, it doesn't plan to comply when the law kicks in.

Uber chief legal officer Tony West is determined to oppose this kind of law. Uber is joining Lyft and DoorDash in a $30 million ballot initiative in 2020 to kill off the law. That initiative, though, could be just the beginning of the fight. The threat is that the law could spread nationally. Already Congressman Bernie Sanders (D-Vermont) introduced a bill making the AB 5 kind of law a federal one. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Michael Bloomberg & Election 2020 - Directly or Indirectly in the Loop

Former New York City mayor Michael Bloomberg is a moderate (which is already a major plus) with the name recognition and funding to run in the primaries for U.S. president. According to the CNBC sources, he might just do that.

That would be how he could directly get into the loop for Election 2020. Indirectly he could create a force field by making it his political business to dim the rising star of Elizabeth Warren. He has long been critical of her ideology. 

What could keep Bloomberg on the sidelines is if Joe Biden remains in the race. Shade has been thrown on the Biden political brand recently. In addition, his critics continually focus on his verbal behavior which might indicate mental impairment or simply bad judgment.

If Biden drops out, Bloomberg, at age 77, could jump in. He could have the diverse support to crush Donald Trump in the election. In itself that could be the reason folks determined to end the Trump Administration could choose Bloomberg in the primaries.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Johnson & Johnson, Faced with More Than 100,000 Lawsuits, Is Fighting, Not Settling

One strategy among corporations facing a pile on of lawsuits is to fight on, not settle. That can deter lawsuits without merit.

Sherwin-Williams did that with the lead paint it had previously manufactured and sold.

For a while that was successful, until it was not.

After Sherwin-Williams lost the class action public nuisance bench trial in Santa Clara, California, it has become a target for similar lawsuits.

Most recently, reports Law.com, U.S. District Judge Nitza Alejandro has allowed officials in Delaware County to threaten to file lawsuits against Sherwin-Williams about lead paint.

If that keeps spreading, it might consider a version of the Tobacco Master Settlement Agreement.

Currently, Johnson & Johnson, reports The Wall Street Journal, is going the fight route for the more than 100,000 lawsuits filed against it. That, predicts some experts, could cost Johnson & Johnson up to $50 billion to resolve all the litigation associated with talc, opioids, and Risperdal.

Meanwhile, its stock is down 12% and Moody's gave its bonds a negative rating.

Of course, its trusted family-friendly brand is badly tarnished.

The size of the verdicts has helped throw the shade on the corporate reputation. Those include $8 billion in Risperdal, $572 million in opioids, and $4.2 billion in talc.

Sure, Johnson & Johnson can appeal. Sure, some of those might even be reduced by judges. But the damage on the brand has already been done by the extensive media focus on the pile on of litigation and big verdicts against Johnson & Johnson.

Meanwhile, Sherwin-Williams remains a lead-paint litigation target.

The corporation is a deep pocket.

Municipalities can use the funds from verdicts against that defendant. Plaintiff lawyers are eager to help out with that by working on contingency. In the CA win, the piece of the action had been 17%

The aura surrounding this kind of litigation is that the primary victims are children. That the tobacco industry allegedly pitched to children was, some claim, the tipping point in getting BigTobacco to settle with state attorneys general.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Globalization and Social Networks - Provisions in Employment Contracts

On the one hand, the Business Roundtable put out there that the purpose of the corporation was not simply creating value for investors. Business leaders had to also factor in the interests of other kinds of shareholders, ranging from communities to the future of planet earth.

On the other hand, executives are finding themselves in a pickle for posting on social networks and through apps personal and organizational values critical of how other nations do business.

The high-profile example is the fallout from Houston Rockets general manager Daryl Morey's tweet related to China.

As a result, reports The Wall Street Journal, those employment contracts executives and mid-level managers sign increasingly have provisions against going social with personal opinions or the advocacy of beliefs conflicting with those of trade partners. Yes, those going rogue in digital media can be terminated.

Globalization may or may not be in decline. However, those in the international loop for doing business do not necessarily buy into the Business Roundtable's template about the purpose of the corporation. 

The limits put on supposed "free speech," of course, aren't new. It's the digital technology which makes the issue an online one.

However, anyone who has been employed in a corporation or has been a vendor understands the importance of extreme caution in what is being said about the organization. That applies to both public and off-hand private statements. 

The business of business and the business of holding onto work has always included being a diplomat in all communications. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Battle of the Motions - Never File One W/O Media Outreach

This is the media era.

Some contend media is the most powerful entity in the world - creating more a force field than government or even individual and organizational wealth.

Lawyers know this. 

So, it's no surprise that Jones Day and the plaintiffs suing it in employment-related bias disputes don't miss a trick in media outreach.

Just about every motion makes it into both the legal and business media (think Bloomberg, The Wall Street Journal). 

The latest is the battle of the motions over alleged discrimination against male associates in parental leave.

Former Jones Day associates, reports Law.com, filed a motion in federal court arguing against the law firm's motion to dismiss the lawsuit.

The plaintiffs are married couple, who had both clerked on the U.S. Supreme Court, Mark Savignac and Julia Sheketoff.

Savignac contends Jones Day fired him as retaliation when he complained about the current parental leave policy for males. Before filing the complaint the wife already had left Jones Day for another job practicing law. Here is Jones Day' motion for dismissal. 

In that employment box, a masterful player is law firm Sanford Heisler Sharp. It goes beyond mere media outreach. For example, it is representing the family of the Chinese software engineer who committed suicide at Facebook. It made a request via its own website and social networks for anyone having information about that tragedy to contact the law firm. Bringing others into the loop creates a force field parallel with that the media establishes. 

And some of us have a hunch it had been the two open letters by Vanina Guerrero's legal team at Wigdor which triggered the decision at DLA Piper to part ways with Louis Lehot. Guerrero alleges sexual misconduct by Lehot and wants the matter handled in the court of law, not in the mandatory arbitration process.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.