Law And More

Harvard - Did It Make Error of Judgment Related to Kyle Kashuv's Error of Judgment?

When he was 16 years - and before the maturing experience of surviving the Parkland, Florida massacre - Kyle Kashuv transmitted racial slurs digitally. That was through texting and Twitter. They were private, that is, the recipients were friends.

After that content had been leaked, long story short, Harvard rescinded Kashuv's acceptance for the Class of 2023. Here are more details from the Washington Examiner. 

Before Harvard took official action, it had received numerous requests to pull back in the welcome mat for Kashuv. It also asked him for a written explanation of the content. 

Kashuv apologized for any offense. That was not his intention. Instead he was focusing on the "shock" value of the tone. He meant no "racial animus." 

Harvard didn't buy in.

Obviously, a few years ago, teenage male Kashuv made an error of judgment. He expressed regret for that. Also, one has to assume that being part of the Parkland attack accelerated his emotional, social, and spiritual development.

But, the question that isn't so clear is this: Did Harvard also make an error of judgment in rescinding Kashuv's acceptance? Hopefully, that institution of higher learning is receiving push-back from those who disagree with its decision on this one.

Reflection: Has political correctness crossed the line to downright injustice?

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"The Good Fight" - Fun Look at Law Firm Business/Politics, Litigation Financing, Class Actions, False Confessions, and More

"The Good Fight" is the sequel to "The Good Wife."

Tonight it became available network television, on CBS, at 9 P.M. New York Time.

Since 2017, you could view the pile up of the seasons' episodes only through CBS Streaming Service on CBS All Access.

The programming kicks off with Diane Lockhart announcing her retirement at Lockhart & Lee. Of course, the Lee part is jubilant.

But soon Diane discovers her entire nest has been part of the Henry Rindell Alleged Ponzi scheme. An invitation-only investment scam, many powerful players also have lost their money.

When Lockhart asks for her job back, the answer is no. In the legal community, because she had introduced people to Rindell she is poison. No one will hire her.

Salvation comes in the form of an offer to join African-American law firm Reddick, Boseman. She brings along with her Rindell's daughter Maia, who had started out at Lockhart & Lee, but was fired and also is poison everywhere else.

Unlike more traditional firms, Reddick is a raw hustler. They pitch possible class actions to litigation financers who use algorithms. The variables fed in include such matters as what judge would be overseeing the case.

On her first case, Maia encounters the now-popular in the media issue of false confessions. She and a Reddick colleague even attend a seminar on a method to elicit a confession, even if the person interrogated isn't guilty. 

Along side all the legal issues are the emotional, social, and spiritual ones.

Diane can't forgive her estranged husband - Marlboro Man - for his sexual affairs with students. He wants to remain part of her life. She wants that door closed. She files for a divorce. In a sense that is also a generous gesture because divorce means that his accounts won't be frozen during the investigation of the Ponzi scheme.

Meanwhile the only way she can navigate losing both her wealth and her law firm is to be open to change. She's softening around the edges.

Maia, after a charmed childhood and early adult years, encounters extreme adversity. Lots of folks figure she was in on the Ponzi scheme. Her lesbian personal life finds its way onto social networks. She loses her first case and the litigation financers' algorithm tells them to bail out of the class action. 

Henry, who had been Diane's close friends, claims he's innocent. He's in jail. His wife is already in bed with someone else.

The major takeaway from "The Good Fight" is that everyone is imperfect and some of them are more imperfect than others. Watch out for the latter.

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

Naomi Wolf's "Outrages" - More to This Than Just Layperson Doing Legal Book

The world is well aware of the BBC fact-checking smackdown on Naomi Wolf's book "Outraged." A non-lawyer she got very wrong the UK legal phrase "death recorded." So, the executions she reported for homosexuality between consenting adults back in the 19th century didn't happen. 

So, okay, we get the peril in laypeople doing law-oriented studies, at least without legal experts going over every detail and implication. As The Guardian notes, in the U.S. Houghton Mifflin Harcourt has postponed release of the book. The date was supposed to be this week.

But, there's more going on that is off with Wolf's attempt at a comeback through a book. Some may recall she has been a hot enough presence to have had a consulting role in Al Gore's 2000 presidential campaign.

What's off is the meme of rage. That had peaked. Evidence of that is the weariness of anti-Trump ranters. On social networks and in daily conversations they are rarely taking the bait to go high rage about what is going on in the Trump Administration. 

Emotions have shifted to angst about what the hell will go down with the global economy and, more specifically, the Dow. There's also the housing market.

Nest eggs, for example, are at stake. A whole bunch of retirees and those considering retiring fear the gains they depended on in equities will disappear. Also, will they be able to sell their house at the price they need to make ends meet without working?

In courtrooms, trial lawyers will also have to back off from the attempt to walk the jury or the judge overseeing a bench trial to being outraged. 

Like too many struggling for a comeback, Wolf seemed to focus in on herself, not what was emerging in the culture. When we're not terrified of economic forces, we have shifted back to the old-line acceptance of what is.

The universal gesture could become The Shrug. That goes back to the centuries of life in America co-existing with political machines. In "Chicago P.D.," Dick Wolf shows that they are still there. The brilliance of Wolf productions has been the raw pragmatism about how the world of law really operates. 

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

 

OJ Simpson's 1 Tweet vs. Alan Dershowitz's Too Many Appearances on Fox

Will OJ Simpson emerge as a highly paid social network influencer? Maybe a political commentator on broadcast? Like Betty White, a presence in the aging niche? Or, maybe, just maybe, a pitchperson on network television commercials for this lawyer or that lawyer. We can hear it already: If you have used Roundup ...

From his Father's Day video on Twitter, it's obvious OJ still has the charisma. Here, you can view the slimmed-down OJ tell the world he's back and will be talking about everything from fantasy sports to, yes, politics. Within an hour it received 673,000 clicks. Currently there are more than 7 million.

Through the Twitter handle @TheRealOJ32, the disgraced star is rebuilding his brand. 

That brand could wind up to be bigger than those of his lawyers such as Alan Dershowitz who successfully defended him in his murder trial.

Will that irk members of the Dream Team, some of whom seem to be struggling to keep their own brands from fading? After all, former admirers of Dershowitz's legal skills wondered what was the political pro-Trump clown act about. Then, more recently, Dershowitz goes on record as saying that if Democrat Joe Biden runs for U.S. president against the incumbent, he will support him. 

OJ could become the most iconic antihero in American pop culture. This Father's Day weekend, ambitious PR types could be knocking out articles analyzing the dynamics of this comeback and providing best-practices bullet points.

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

Central Park 5 As Everyman (and Everywoman)

There is satisfaction as former prosecutor of the Central Park 5 - Elizabeth Lederer - resigned from lecturing at Columbia Law School. However, she remains a Manhattan District Attorney. Here are more details from Law and Crime.

That miscarriage of justice for a crime committed in 1989 will continue to horrify us. That's because the Central Park 5 represents Everyman (and Everywoman). The exception would be those who could afford a brandname criminal lawyer.

All the popular television justice television programming, going back to "Law & Order," might create the illusion that we understand how the legal system works. But that's on the cognitive level.

On the emotional level, we have been tipped off how skilled interrogators can coerce innocent human beings to pour out false confessions.

Among the many exposes on those had been Douglas Starr's article in The New Yorker titled "The Interview." Here is the copy. Interrogating suspects is both a science and an art.

Power plays into that. After all, the setting is where law enforcement is. It's obvious which party has the upper hand.

What also plays in is public relations. Members of the media can make or break the careers of those on the case. 

The saga of the Central Park 5 reinforces that Everyman (and Everywoman) should fear being pulled into the loop of law enforcement. It's an alternate reality. 

If Lederer were Machiavellian she would do her own documentary of what went wrong and why in that prosecution. She could become a respected anti-hero. Influencing public perception is a fascinating field.

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

"Tolton, et al. v. Jones Day" - Its High Profile Just Got Lots Higher

Through public relations stumbles by defendant Jones Day, class action gender discrimination lawsuit "Nilab Tolton, et al. v Jones Day," went high profile. Here is a copy of the complaint. The plaintiffs are represented by Sanford Heisler Sharp.

Jones Day's major error in crisis communications had been pushing back with a ham-handed statement on its website boasting about its record for respecting and rewarding female talent.

Its tone and content look inward - not outward at the alleged suffering gender discrimination causes, both throughout the legal sector and at Jones Day.

Those in public relations vividly recall how the chief executive officer of BP Tony Hayward was vilified when he focused on himself not the implications of the oil spill. He later apologized. Yes, Jones Day might consider deleting its April response to the litigation.

The most recent development in this litigation saga has raised its profile even higher. 

As Ryan Lovelace reports in Law.com, a former Jones Day associate Jessica Jardine Wilkes who is now product counsel at Facebook joined the class action. She had been employed at Jones Day from October 2014 through September 2016. She took another job before joining Facebook in 2018. 

This move is significant for myriad reasons.

At the top of the list is that Wilkes is putting her career on the line. Participating in a lawsuit against a former or current employer is risky. Kerrie Campbell was forced out of her law firm at which she had been partner. She went on to form her own law firm which, LinkedIn Updates flags us, it celebrating its 2nd anniversary. That Wilkes is taking this risk adds to the credibility of the lawsuit.

The next factor about this development is that it brings the Facebook brandname into the loop. In itself that will attract plenty of publicity. 

And, third, another actual person has gone on record as being part of the plaintiff class. An issue in this litigation has been the presence of the Jane Does. Jones Day is fighting that. It's also a matter of controversy in other lawsuits. 

It is well known that Jones Day operates as a black box. Therefore, it has plenty to worry about what could come out in a trial. The odds are that it will have to settle. International legal media and the business community would follow that trial closely. Jones Day likely doesn't welcome that kind of media circus. Media is probably the most powerful global institution.

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

CA Judge Doesn't Toss Class Action Lawsuit Brought by Conservative Job Applicants Against Google

Last week was a legally disappointing one for Google.

It remains stuck, at least for now, with a complaint contending systemic bias in hiring of conservative job applicants. The trouble is not just the litigation itself. It is also how its allegations can become a tipping point for rich and powerful conservatives to push back on Google. 

Google's lawyers at Paul Hastings failed to convince presiding judge Brian C. Walsh of the Superior Court of Santa Clara County, California of its  position.

Some may recall that it was a bench trial in Santa Clara which nailed several former lead paint players - e.g. Sherwin-Williams - for creating a public nuisance. The U.S. Supreme Court refused to review that conviction.

Google's stance in the job-hiring alleged bias lawsuit is that there is "no reasonable possibility" to identify as a class those who believe in a certain political ideology. Judge Walsh did not agree. So he did not toss the litigation, which is represented by Dhillon Law Group. Here are more details from Alaina Lancaster at Law.com

The litigation is the class action lawsuit, first filed by Google engineer James Damore. It alleges that Google's hiring practices are biased against conservative applicants. Since then Damore has dropped out of the lawsuit to pursue arbitration with the company. 

A subtext of all this is that Damore had been fired by Google for distributing a manifesto "Google's Ideological Echo Chamber." That termination raised the general question about the line which separates protected workplace speech from speech that creates a hostile environment. Here is more on that.

Plaintiffs in the litigation have a long way to go before the complaint could reach a courtroom.

For example, Judge Walsh made clear that his decision does not mean that class will be certified.

Also, he insisted that nothing should be read into his commentary that Google's recruiting and hiring systems are geared to discriminate against those with a certain ideology. In essence, all he did was allow the litigation to remain in the legal system.

The next big nut to crack for both sides is to come up with a compromise agreement about how the discovery process will proceed. Judge Walsh met with them on that. One issue, for example, is to define what is a "political conservative." That is much more difficult that identifying a member of a race, ethnic group, or gender. 

The issues in this litigation are, of course, quite timely. There have been allegations that a number of social media platforms suppress conservative points of view. This will be a major concern in Election 2020. Expect alt-right broadcast anchors to be the loudest voices in the room about alleged digital bias. 

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

SCOTUS - More Female Clerks Than Males, Thanks Partly to Brett Kavanaugh

U.S. Supreme Court justice Brett Kavanaugh hired all female law clerks. 

Yes, let's all belt out "For he's a jolly good fellow." Because of Kavanaugh's recruiting, for the first time in the history of SCOTUS, the majority of clerks are female. His colleague justice Ruth Ginsburg praised that. Here are more details from Daily Mail.

As so many lawsuit indicate - e.g. "Tolton v. Jones Day" - the legal sector can be a tough nut to crack for women. 

Simultaneously, positions such as SCOTUS clerk is a super resume-building. When Jones Day goes on its annual hiring spree recruiting former SCOTUS clerks, members of the media report that Jones Day will pay up to a $300,000 sign-on bonus. Good-bye student loan debt.

Hiring former clerks gives the law firm insider insight about how each justice thinks and then makes actual decisions. Also, in the loop with be knowledge about how they like the information provided them to be positioned and packaged.

Given that Kavanaugh has evolved into The Good Guy, he might have a cameo role as himself on a episode next season of "Law & Order SVU." That could inject freshness into that long-running series which seems to have jumped the shark.

Brand Kavanaugh just got hot.

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

 

BigTech & Antitrust - State AGs Could Parachute in

BigTech is under attack. 

It's for many issues.

But where the DOJ, FTC, and Congress have stepped up their focus is on alleged antitrust. 

Now, there is a new player in the loop, reports John D. McKinnon in The Wall Street Journal. That's the state attorney general.

The impact could be huge.

After all, the litigation against BigTobacco and the companies previously in the lead paint industry began on the level of the state attorney general. Currently, that same momentum, as in Oklahoma, is directed at manufacturers and marketers of opioids. 

According to sources, about 12 to 20 state attorneys general could become involved in probing consumer and competitive matters related to BigTech. Among them is Louisiana's Jeff Landry.

It should be obvious that participating in this kind of initiative can be a smart career move.

For instance, when he was attorney general in Rhode Island Sheldon Whitehouse kicked off the iconic lead paint class action public nuisance litigation against companies such as Sherwin-Williams. Copycat litigation popped up in other states. Soon enough, Whitehouse was a U.S. Senator. He even had taken a shot at the U.S. presidency but didn't make it.

Given the high career stakes, what is happening at the state level against BigTech is the story the media, advocacy groups, venture capitalists, and, shareholders shouldn't miss following.

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

 

"Revenue Enabler" - Tough Role at Law Firms (at least until PPP declines)

What is being called by the clunker of a name - "Revenue Enabler" - is a growth field in the legal sector. 

But, as long as PPP is on an upward trajectory, the revenue enablers will have a tough time doing their jobs.

In Law.com, Dan Packel looks at the value that professional can bring to the law firm - eventually. 

Right now, it's an uphill battle.

First of all, they are not lawyers. Of course, they don't want to be labeled "non-lawyers."

But in the BigLaw, midsized firms, and boutique sandbox the only "kids" allowed to play with the nice toys are the lawyers.

You bet, it's a lawyer's game. Just as the hospital setting is a medical doctor's game.

Iconic television shows such as "Gray's Anatomy" focus on the medical doctors. The emotional center of newer ones like Dick Wolf's "Chicago Med" is also the medical doctors (including the psychiatrist).

Secondly, revenue enablers are focused on the future. But revenues are made in the now. All those bean counters at Citi et al. focus on the revenue and PPP in the now. Planning for the future, in good times, is smirk-stuff. The money is to be made this quarter.

Third, those with a bulging book of business are stars. They don't have to and don't want to hear from revenue enablers. Time is money and they don't have time for that.

So, the takeaway here may be: If Calibrate Legal contacts you to apply for a job opening as a revenue enabler in brandname law firm X or Y, it might be wise to continue what you are currently doing.

The crash could be coming, so it is your duty to make as much money as possible now. During the crash, the distressed lawyers might "let you in," but don't count on it.

Talk about change in the legal sector will likely remain that - just talk - for a long time, even in bad times. 

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