Law And More

Legal Marketers - Tell How Your Law Firm Is Pivoting

The term "pivot" will peak.

And then another word will replace it.

Those still putting out there "pivots" will sound like yesterday.

But, currently, everything, such as careers, must be positioned and packaged as "pivots." Not doing so dooms the speaker, texter, emailer, journalist, thought leader or politico as out of the loop. That also applies to those playing in that very special sandbox: legal marketing. 

As legal marketers and the lawyers they promote know: We are our language.

It had been Donald Trump's use of workingman's language that catapulted him onto the global radar. Immediately he differentiated himself from the typical potential presidential candidate. And the media, which served him so well back then, moved in to take a closer look. 

 Next week I'll be pivoting to the next in my communications career. That's because this week I had two articles published, for my own byline, in third-party media. This is the one on how COVID-19 is reshaping marketing. 

Takeaway for legal marketers: Boost attention. Tell the world about your law firm's pivot. It doesn't have to be major. Just some new wrinkle on WFH. 

The Message Glut. You need bold strategy/ghostwriting. Let’s talk about what will work. Please contact janegenova374@gmail.com.

Legal Marketers & The Message Glut: Learning from Boston University Student-Run AdLab/PRLab

Legal marketers are working 12 to 14 hours a day.

After all, the partners can't go out there and wine and dine prospects or rent a booth at a beauty show.

So, the law firm is depending on you. And because they are, you have more status. 

But what kinds of results are you getting amid The Message Glut? 

In Odwyerpr.com today, I tell how the brass at Boston University realized that the only way to send a marketing message was boldly. Otherwise, well, don't bother sending it. 

Those powers that be allowed the student-run AdLab and PRLab to launch the @fckitwontcutit (F*ckitwontcutit) campaign.

See, the stakes are high. Those returning to campus had to have the Ah-Ha Moment that COVID-19 is real and not just for old people. Otherwise they could die. And take lots of members of Gen Z, along with professors and administrators, with them. 

Well, you legal types will want to at least know this: Boston University trademarked @fckitwontcutit. Yes, the administration knows that there is value (bigtime) in innovation.

And messaging at Boston University will never be the same. History might chronicle this campaign as the Communications Boston Tea Party.

The Message Glut. You need bold strategy/ghostwriting. Let’s talk about what will work. Please contact janegenova374@gmail.com.

Uber's Playbook: Pitch to Public, Delay Court Rulings Being Enforced through Legal Appeals

In California, Uber has not been doing so hot. The latest ruling reclassifies Uber's gig workers as employees. But that's on hold as Uber appeals.

Bloomberg Law examines the Uber playbook. It is betting its business model - depending on gig workers - on how it is playing its game in CA.

There, AB-5, which became law in January 2020, requires that gig workers, with some exceptions, are reclassified as employees. 

A key strategy in the Uber game plan is directing its arguments to the public. It invested in the funding of getting on the ballot for November a Proposal that exempts from AB-5 app-based transportation and delivery carriers. 

It also is "educating" the public on how AB-5 will eliminate jobs in CA. In essence, Uber, it is telling the public, couldn't "afford" to employ the large number of drivers it does currently.

Indirectly, if it ceases operating in CA, it could also deliver a harsh message that it means business. It has threatened to shut down service in CA if it can't retain its gig economy model. That will not only eliminate the drivers' jobs. In addition, those who depend on Uber for affordable transportation will be stranded. During the COVID-19 epidemic, many are fearful of using public transportation.

Another key strategy is to do whatever is necessary to achieve delays in what the courts can mandate. In London, it has been involved in that kind of delay process for 5 years.

Uber has the resources to play a long game in public outreach and in terms of litigation and regulations. 

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

Theranos' Elizabeth Holmes/Sunny Balwani - Finally, Trial Date Set for March 2021

It's hard to envision an in-person jury trial. But that could play out again. So bets U.S. District Judge Edward Davila. He seems to be assuming COVID-19 will be a done deal. 

The New York Post reports that that judge overseeing the fraud trial for Theranos' former executives Elizabeth Holmes and Sunny Balwani has scheduled it for March 2021.

As some might recall, it has been rescheduled a number of times. The more delays the better for the defendants. They face 12 counts of wire fraud and conspiracy. If convicted each faces up to 20 years in prison and a $250,ooo fine.

The Post predicts it will be high-profile.

But, a nation badly battered by COVID-19 and the resulting economic fallout might have lost its interest in juicy courtroom drama. Also, the details have already been covered so comprehensively. Do we really want to hear more about all those old white men on the Theranos Board of Directors or celebrity lawyer David Boies who represented Holmes?

That pile on of expose  began with The Wall Street Journal reporter John Carreyrou's book "Bad Blood."

What might remain of interest could be far away from the courtroom. Move the attention to the offices of psychologists and psychiatrists. Bouncing around are questions if Holmes has some kind of character disorder. Her behavior seemed that of a person devoid of normal human emotion. As an alleged case of aberrant personality, she is fascinating.

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BU Trademarks @fckitwontcutit

The fundamental of marketing is to identify and figure out how to appeal to the mindset of the target market. The language is especially important. 

In the serious matter of protecting university students from the coronavirus, the stakes are high in that.  As BusinessInsider documents, across the U.S., young adults are being affected the most by the pandemic. 

So, what is being done?

Boston Magazine reports that the Boston University student-run AdLab and PR Lab came up with a bold experiment. The objective of the campaign is to shake students returning to campus out of their denial about the high contagiousness of COVID-19. It embodies how students think and actually talk.

The meme is: F*ck It Won't Cut It or @fckiwontcutit. The brass in administration has approved it. Yes, BU has trademarked it. 

Of course, this innovation is news in the global distressed industries of advertising and public relations. There is bound to be plenty of chatter.

But the bottom line, as in all marketing, is the question: Does this dog hunt?

Will students dutifully maintain social distancing, wear masks and maintain hand hygiene? Or will BU have the same amount of COVID-19 infections and deaths as campuses not embracing such a cool type of warning?

However, that could all be mere speculation about results. 

The game might never be played or not for long. BU can decide against reopening or shut down campus pronto after opening. After all, many schools at Harvard, including the Law School, have gone total remote in instruction for the fall semester.

Time will tell. But time is not on the side of those vulnerable to the virus. At the top of the list are young adults. Gen Z and the youngest of Millennials could be wiped out.

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Hey, the Partner Poached My Work - Red Flag of Systemic Trouble in Law Firm Industry

It had been confirmed by Peer Monitor Report that overall demand is down in the legal sector.

But, work is up. And, that is also being confirmed by documentation that partners, who bill higher than associates, are doing more of the assignments. As Law.com puts it: Work is moving upstream.

The results will include that the business is evolving, at least for now, into a zero-sum game. And out in the cold will be the associates.

The gallows humor in law firms could be: Hey, the partner poached my work.

But at that level of earning capacity, there is no place for humor.

During the fallout from the 2008 - 2009 global financial collapse, associates who were pushed out rarely landed work which paid comparable salary and benefits. As the recovery kicked in, law firms hired brandname laterals and recruited very recent law school graduates. 

Obviously, associates should be hedging. That includes studying help-wanted ads (Craigslist is adequate) to find out what lines of work within the legal sector and outside law are growth sectors. Then they should stretch the creative thought processes to determine if they can retrofit their experience, skills, and education to apply for those jobs or gig assignments. Mock out resumes and cover letters. Role play interviews in which they pitch themselves in this way: Here's is what I can do for you. You bet, it's time to read and pore over the bible in job search and career transition - "What Color Is Your Parachute?"

Both Abovethelaw and Law and More hammered yesterday that starting their own law firms was not a sensible option for most displaced lawyers. The key obstacles are the large upfront investment, length of time to build a client base, and the need for non-stop marketing. The latter is the business of the solo and small law firm. Not practicing law.

But, in addition, this poaching can signal something is rotten in the state of Denmark.

I encountered a similar lack of work and its going only to those in some kind of magic circle at IBM in the late 1980s. Microsoft and Apple were making the corporation look totally old line in a sector in which innovation was and is everything. 

Eventually the IBM chief executive officer John Akers was forced out. Parachuted in was outsider (now, that was an innovation for closed-loop IBM) Lou Gerstner Jr. For a while, IBM enjoyed a strong turnaround. Currently, not so much so.

Clearly the law firm sector has to change itself in significant ways in order to boost demand. But, it might not be able to pull that off. 

Sure, there are strong firms, such as Paul, Weiss headed by ultimate connector/deal-maker Brad Karp, which will keep on scaling. For example, Paul, Weiss just began establishing its presence in Silicon Valley. 

But many other law firms could be replaced by competition from, for example, BigAccounting. That has the edge of cross-selling. Clients trust its audit services. Why not also try out its legal ones. 

There's also tech. Already LegalZoom, which started out B2C, is in B2B. Mostly small business. It could retrofit itself to take on the assignments of large businesses. 

The powers that be in corporate could allocate the budget so that its in-house legal has the resources to manage those bet the ranch cases (with a little help from outside law firms).

The possibility exists also that American business will become less litigious. Instead of see-you-in-court, it can seek out other methods of dispute resolution.

Here's what we know: After IBM went on its downward trajectory, with the exception of a brief time in the sunlight, it really never recovered. If demand keeps falling off for law firms, the sector may never be what it had been. For instance, its autonomy could be taken over by litigation funders. Gone will be the whole concept of the divine right of partners. 

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Transparency in Online Political Messaging - UK Proposes Labeling (Can that happen here in broadcast?)

From websites to podcasts, the UK is seeking for transparency in online political messaging.

Today, reports TechCrunch, the Cabinet Office issued a proposal for the public to review.

If enacted it would mandate labeling of all online political campaign communications.

What would be disclosed are both who or what is behind the promotion and who or what is ponying up the funding.

The public has until November 4, 2020 to respond to the proposal, which you can read here.

It is not unthinkable that a similar movement could catch fire in the U.S. The focus would be partisan broadcasting. Programming would be analyzed for how much content typically represents political campaign messaging. If a certain percentage is measured to be embedded in the daily broadcasting, then there would have to be disclaimer slapped on it. Such could read "Promoted by X and funded by Y." 

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

Not the Lawyer You Used to Be - Lifequakes & Story Time

"I don't know who I am."

That's how people in transition usually sum up how they feel. Lawyers who had depended on their work to have an identity usually feel especially dismal when there could be change. Or the change has already happened. Those upheavals range from a stealth layoff to being forced into early retirement. 

But what would be more accurate and what would make moving forward less painful is if they noted "I need a new story."

We are the stories we tell about ourselves.

Both professionally and personally.

Way back when in a less chaotic era we used to call that the "elevator speech." In a sentence or two it summed up what we were about. If it concerned our professional identity, it could help our career. For instance, "I'm Joe and I help big companies sell a lot of products." 

In transition, that identity, once so solid, is shifting. In the interim and then longer term, folks can gain control of the process if they put together a fresh narrative. That tells the world where they are in their careers and personal lives. More importantly, it delivers the message to themselves that they are in-charge.

That's especially needed in what Bruce Feiler, author of "Life Is in the Transitions," has called "lifequakes" or seismic shifts. As MarketWatch reports, Feiler anticipates lifequakes to increase in number and intensity.

So, as folks sense a lifequake coming to rattle their lives to the core, a multi-dimensional tool could be conjuring up a new story.

The partner at a law firm gets it: The firm wants him out. He isn't bringing in enough new business or billing enough hours. The way to emotionally, socially, and professionally manage that experience is to capture it in a story that moves the process forward. An example? "I'm reviewing what could be Next. This is the first time in 30 years I looked up from my desk." 

A former star in public relations contacted me for a complimentary consultation on her career. She wanted another one. So typical she framed that in the narrative embedded in the past, in who she used to be. "At Corporation X, the world knew my name. I made a lot of money. The media quoted me." 

To have a shot at a Next, she had to extricate the story from the past to possibility. During four coaching sessions, she came to manage this lifequake with the story "I fix brands. That could be your personal or social brand. Or the brand of, say, Uber." That got people interested. Even before she had fully established her communications boutique she had business. 

In COVID-19, it's the rare professional, parent or retired who isn't being rattled by a lifequake.

How to start on the new story? 

Accept that what was is no longer. Then be ready to take the first few steps. Get those down in one or two sentences. Let language take charge. It's not what is happening. It's how people manage that whatever. Christians came up with the narrative of how the word was made flesh. 

Coaching, lecturing, and writing/ghostwriting thought leadership content on human resources and careers.  

For individual coaching – sliding scale fees. Complimentary initial consultation. The special area of expertise is the displaced over-50 professional. Please contact Jane Genova janegenova374@gmail.com.

McDonald's & The Amazing Mr. Easterbrook - Lawsuit Introduces New Era in Managing Corporate Crisis

Brit Steve Easterbrook was perceived as a corporate magician. After a long career at global McDonald's he was catapulted up to the role of chief executive officer. That was to get the fast food empire out from being stuck in lackluster performance.

Along the way the new usual happened: Easterbrook became romantically involved with an employee. It was consensual. Later, reports The New York Times, the number was calculated to three more. Such conduct violated McDonald's policies on relationships among employees. And that was that.

It's the current drill to fire those, especially high profile executives, who break the rules on sexual behavior, forced or welcomed by the both internal parties.

Usually that is done. The bad publicity endures through a few news cycles. The organization introduces a comprehensive code of behavior. And that's that. There is the crisis of disclosure, then the organization moves on. Frequently there is gush coverage about what it learned from the ordeal.

McDonald's is veering from that standard MO.

The New York Times explains how the corporation has filed a lawsuit in Delaware state court, months after the November 2019 termination. It is accusing Easterbrook of lying, tampering with evidence and fraud. It is seeking a clawback of the $40 million severance package, as well as the stock grant allegedly provided for one of his internal romantic partners. 

So, it is re-opening the past to present scrutiny - and, you bet, a whole bunch of media attention.

This had been triggered by an anonymous employee whistleblower. The sharing of data occurred after the firing. What had been disclosed included the allegation about numerous relationships and the transmission of nude photos among which had been those of an employee. Regarding the latter, the corporation hadn't reviewed Easterbrook's digital communications.

In terms of corporate values, McDonald's will likely be saluted for its willingness to impact negatively its own self-interest to make wrongs known and punished.

Crisis management experts have case studies to create.  McDonald's is BigBrand. So those kinds of deconstructions can bring professional fame and influence.

Meanwhile, the legal world, especially employment-law attorneys, will follow the lawsuit closely.

Bottom line: Will this deter executive sexual misconduct? Probably not. Power can and does trigger delusional mindsets. Those with it might assume they can get away with anything. 

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Tuesday, 8/11/2020 - Watchers Waiting for TikTok to Sue Trump Administration

Even before U.S. President Donald Trump issued his executive order last Thursday, reports Tech Crunch, TikTok had its objections prepared.

The executive order relating to TikTok mandates a forced sale of the mobile video app or the ban of its services in the U.S. Essentially it contends TikTok, whose parent is Chinese company Bytedance, is a threat to national security. Meanwhile both Microsoft and Twitter have indicated interest in purchasing TikTok.

Watchers - and they are global - anticipate that on Tuesday TikTok will file a lawsuit against the executive order. That will be where it has its U.S. headquarters. So the filing will be U.S. District Court for the Southern District of California. The interest is not just business. The undertow is the growing trade tension between the U.S. and China. 

Tech Crunch notes that TikTok will probably contend the order is unconstitutional. Also it will claim that it undermines trust in the business community worldwide in the U.S. legal system.

In addition, TikTok is expected to maintain that the order had been issued without due process.

Meanwhile, those focused on equities markets recognize how the U.S.-China trade tension can deliver a major hit to the stock market. Currently that, along with COVID-19 and the November election, is considered a key variable. Investors are fixated on how long and strong the rally in the U.S. stock market will be. Many observe a disconnect between the overall U.S. economy and the behavior of the U.S. stock market.

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