Law And More

Reflections on Whistleblowing as Linda Tripp Reportedly Is on Deathbed

Whistleblowing is not necessarily an act of supreme courage, driven by a sense of what's right. 

It could represent strategic grenade-throwing as had been the case with conservative Linda Tripp. Now that she is reportedly on the death bed, overdue is a comprehensive review of all whistleblowing. 

To begin with, it shouldn't be positioned and packaged as an instinctive noble act, analogous to jumping in the path of a train to rescue a child who had fallen onto the tracks.

Instead, it's represents a complex decision with both anticipated and unexpected consequences. 

Some "of a certain age" will recall Sharron Watkins who was the internal whistleblower at Enron. She informed the head Ken Lay of the strange accounting. Along the way to being saluted as a hero she had to contract legal help, was isolated, had her job responsibilities reduced, and later hit walls in being hired for work post-Enron.

Had she known the full extent of the consequences she might have done what most did back then and still do: Keep quiet and look for another job. Since then, of course, laws have been passed to protect and even reward whistleblowers. That kicked off with Sarbanes-Oxley.

More recently has been the whistleblowing by Susan Fowler. It focused on alleged sexual misconduct and other inappropriate workplace behavior at her former employer Uber. She did that in a now-famous blog post. It's contended that the outing of what was allegedly going down at Uber brought down its head Travis Kalanick. 

Like myriad whistleblowers, Fowler has been saluted.

But, interestingly her book Whistleblower, published February 18, 2020, has not caught fire. On Amazon, at least today at 3:40 P.M. ET it ranks 41,839 in terms of hard copies and 60,413 in terms of Kindle. It only has 53 reader reviews. Essentially it is a memoir.

In contrast, Demi Moore's memoir "Inside Out," although published way back on September 24, 2019, ranks on Amazon at 1,751. It has 2401 reader reviews. 

Some things just don't hang right about whistleblowing. In reading Fowler's book I wondered if she had been naïve in what she expected in the workplace, how she handled it, and her decision to later blow the whistle after she had secured other employment.

Meanwhile, although it isn't fashionable to speak ill of the dead, when Tripp dies, many probably will. That trend started in 2018 when the family of Kathleen Dehmlow published a negative paid obituary. 

UPDATE:

Linda Tripp died today. The New York Post provides details.

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Legal Marketers/Brandname Lawyers - Assessing ROI on Blogging In Challenging Financial Times

Thank you readers for sticking with my communications blog since April 2005. 

The communications blog came into being this way. I had read in The New York Times Magazine about the influence of Gawker blogger Ana Marie Cox. She was its "Wonkette."

Heck, I thought, I can do that. And that I did.

As an early adopter, fame and riches came fast. The first major assignment was blogging a major class action state trial. The exposure generated many other legal-oriented assignments.

Like everything, the world of digital influence mutated. Blogging, which essentially is long-form, became a mature medium.

That brings me to the number-one issue associated with blogging.

Legal marketers and brandname lawyers ask: Does all the work it requires generate enough of a return on investment? Or, should marketers and thought leaders in these challenging times in the legal sector opt for other kinds of tools?

Here's what I have experienced:

Google rewards long-form. Blogging is a long-form platform. Here is my article published on recent changes in Google search. 

Blog posts are useful links to attach on LinkedIn, Twitter, and Facebook. The trick is to put a catchy headline on the social network. That will motivate readers to click on your link. Getting attention, in general, has become a dog fight. You have to have down cold what will attract eyeballs and make it their self-interest to return for more.

Connecticut lawyer Norm Pattis (Fotis Dulos defense) is a master of this. I recommend to clients that they study this model and adopt it for their own brand voice. Here is Pattis' blog.

The blogging game is about outbound and inbound links. In itself, that dynamic is a wonderful networking tool. Through blogging, without leaving my home office for networking, I have put together an amazing list of contacts.

Organizations hiring talent give a plus to those with blogs. That sends the signal that you know your way around digital and how to build a community. The court of public opinion often has more impact than the court of law. Clients and prospects know this. Among what they know is digital influence is everything. 

In addition, just being out there on a blog is a relatively low-cost new business development tool. In good economic times and bad, my communications blog brings in about 30% of new assignments. 

Another question legal marketers and brandname lawyers ask me is this: Would I be starting a blog in 2020?

The answer is "yes."

But it would be for a very narrow niche such as protecting a brand during a recall. That establishes a clear identity amid the communications glut.

Incidentally, the genius in that specific type of crisis is kglobal partner Gene Grabowski. The strategies and tactics he applied during the Blue Bell ice cream recall have become best practices. PR Week presents them. Grabowski has handled over 150 recalls. Defense lawyers in food contamination should beware of Grabowski's approaches to that specific form of personal injury. 

For the blog I launched in 2020, I would use the WordPress platform (that hadn't been available in 2005). And I would leverage that WordPress platform as a possible build-out. If the blog took off, then I could add on the platform a newsletter. For law firms and solo lawyers, newsletters can be a power marketing tool. 

In essence, blogging is like any other medium. It's what you do with it that generates the ROI. In itself, any medium is a blank check. At best, it could be hot, as blogging had initially been, for a brief time. Then the burden of generating ROI from it is on you. 

My other syndicated blog is Law and More.

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Temporary Doesn't Exist in The New World Order - Disney Executives Balk about Pay Cuts Having No End Date

The Mouse-Makers aren't happy. 

The one exception at Disney is former Chief Executive Officer, now Executive Chairman Bob Iger. He gave up his $3 million salary to help furloughed employees at the entertainment empire.

However, at the levels of Vice President, Senior Vice President, and Executive Vice President, reports Daily Mail, some executives are balking about the kinds of pay cuts they have come to embrace as of March 30th. They range from 5% to 20%.

Here are the problems:

1) They don't perceive the cuts as voluntary. Some felt there was pressure to participate in this supposed equality of sacrifice.  

2) The new contracts for the pay cuts have no end date. That is, they are instituted as "temporary." But the reality is that business is entering a whole new order. It's unlikely any enterprise, no matter how large or small, will be circling back to an earlier time. Therefore, executives are left in limbo about their future compensation.

Already, thought leaders are issuing long-form manifestos about the emerging new order Post-COVID-19. The one with the most influence right now had been penned by Henry Kissinger for The Wall Street Journal. 

What that means is that business can't exhale "when this is all over." It will have to reimagine itself for the new order.

One wonders if the legal sector will be the setting for a gigantic disruption. Compensation in BigLaw, including for entry-level associates with no or little experience, has been trending higher and higher. The current pay cuts could be the beginning of the end of all that. 

Meanwhile, the once-heady entertainment sector is in shambles. The lenders for AMC hired Gibson Dunn for restructuring. 

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Real Life Law & Order Not Playing Out Like Dick Wolf's Fictional Versions - The Time of COVID-19

Jack McCoy ran a tight ship.

That was in Dick Wolf's iconic television series "Law & Order."

The endings for each episode were not exactly happy-clappy. But they satisfied audiences that there was, well, law and order.

In real life in New York City during the COVID-19 pandemic, that's not what's playing out.

As Daily Mail reports:

"There are fears of a breakdown in law and order in New York ..."

At the New York Police Department, one out six are out sick.

Burglaries are up for businesses. 

Widespread social unrest can take over the city as it did in urban areas in 1967. This time nerves are raw even among the middle class and privileged. The kids at home had worn down all economic groups. Portfolios are down at least 30% and there could be more carnage to come. 

So, what does vigilanti justice look like?

It's much less like the comic book/film depictions of heroes (think Batman) than it is like the mean streets of Sopranoland.

After all, it's put together and enforced by one person or a cabal. Since it's arbitrary the rules can change on a dime and those violating them are clueless their windshield will be smashed - or worse. Therefore, no surprise, those stuck in that regime live in fear. 

Often, just the urban legend of an underground system of crime and punishment can impose  unique forms of social control.

An example of that had been Greek Town in Detroit, Michigan during the 1970s. The message was out that shoplifters lost the hand that performed the five-finger discount and sexual predators lost their lives. Back then, Greek Town was an oasis of safety in the wild west of Detroit Metro area. 

Earlier there was Jersey City, New Jersey in the 1950s. Law and order was a combination of the Frank Hague political machine, the Roman Catholic Church, and immigrant men whose ego was bigger than their paychecks. Resistance was futile. The only exit from that closed system was to move to liberal Manhattan and/or get a scholarship to a college in another state.

If the official version of law and order does break down, those unaware of the force of vigilanti justice are bound to get hurt - probably badly. Enforcers don't factor in mitigating circumstances.

The sophisticated would put it this way: The barbarians have penetrated the gates. 

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Transition to Post-COVID-19 World Order: For Whom the Bell Tolls

"The reality is that world will never be the same after the coronavirus." - Henry Kissinger, The Wall Street Journal, April 3, 2020. 

In parts of the world, such as the United States, the coronavirus hasn't yet peaked. But thought leaders already are communicating the urgent need for nations as well as individuals to prepare for The Next. That post-COVID-19 world order will be a new one. 

Henry Kissinger is just one among many who are warning about the need for fresh mindsets, policies, and actions once the dust settles. A popular article in The Atlantic is by science journalist Ed Yong. He anticipates the shift to be so profound that babies born during the pandemic will be entering such as different global, national, and local culture that they should be called "Generation C."

What Kissinger advocates includes:

•  New techniques and technologies to anticipate and manage infections
•  What it takes to heal the world economy
•  Protecting the principles of the liberal world order. 

In the legal sector, the shift in values is already happening. Unlike the kneejerk large reductions-in-force of 2008 - 2009, the majority of large and midsize firms are pulling out all stops to prevent layoffs. They range from delaying the partner draws to pay cuts across the board.

Because of the extreme suffering triggered by COVID-19, finally there could be a softening of capitalism. 

Currently, law firms can enhance their Brandnames not so much by wins for clients.

Instead, their leadership can emerge as the new kinds of Global Good Guys through embracing and practicing the values articulated by John Donne in 1624.

Back then, Donne published his iconic poem "No Man Is an Island." The takeaway line is:

" ... Never send to know for whom the bell tolls; it tolls for thee."

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Mixed News About Boies Schiller, Including 3 More Partner Defections - New Brandnames Emerging in Legal Sector, Softening of Capitalism,

They are in good financial shape.

That's the message the leadership at Boies Schiller is sending out to the media. Proof of that is this: Unlike myriad other law firms, Boies Schiller plans no layoffs, no furloughs, no haircuts for partners, and no salary cuts for the rest of employees. 

On the other hand, reports Law.com, there have been three more partners defections. That brings the number to 16 since the start of 2020. According to Boies Schiller some of the exits were initiated by it. That is, it asked the partners to find employment elsewhere.

The most recent departures have been from the LA and DC offices. They are:

Stacey Grigsby to Covington & Burling

Christopher Renner to Davis Wright

Michael Schafler to Cohen Williams.

Once a golden brand, Boies Schiller has been taking hits.

Among the biggest had been the expose by Ronan Farrow on how the firm was representing Harvey Weinstein. Here is that iconic article in The New Yorker. 

On a lighter note has been the dog fight the firm's founder David Boies has gotten himself into with brandname lawyer Alan Dershowitz.

In his book "Guilt By Accusation," Dershowitz asserts that in being both a board member and legal counsel at Theranos Boies had a conflict of interest. Theranos has collapsed. Its founder Elizabeth Holmes has been accused by the feds of massive fraud. 

Meanwhile, in the legal sector, new power brandnames are being established to replace the old guard.

Among them is Brad Karp - chairman at Paul Weiss. He had been an early adopter of pro bono outreach to those suffering because of COVID-19. That is the Paul Weiss Coronavirus Relief Center. In his own words, Karp describes that grassroots initiative by lawyers who worked around the clock, with no pay. Here it is.

Overall, the intense efforts by law firms to prevent layoffs could indicate a softening of traditional capitalism. 

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Marshall Dennehey's Initiative to Prevent Layoffs, Pay Cuts

There must be a universal exhale among the 1,200 employees of Marshall Dennehey.

Abovethelaw reports that Marshall Dennehy's chief executive officer G. Mark Thompson announced that he is trying to prevent layoffs and pay cuts at the law firm. His initiative is to halt, at least until next year, the 4% employer contribution to the 401(k) plan. Since 80% of employees participate in that retirement program, the savings can be significant.

Thompson didn't quantify how much would be saved. He did observe, however, that this cost-efficiency move likely won't be enough in itself to offset what he anticipated to be the decline of revenues in COVID-19 times. 

Given how painful - financially, emotionally, and spiritually - layoffs and pay cuts are, Thompson could go down in the chronicles of the pandemic as one of the superheroes. He cares. That counts so much.

Hopefully, other law firms as well as myriad other organizations will assess this model. It could fit their needs - for now.

No one knows how bad the global pandemic will become.

Unfortunately, since so many are restricted to staying home the monsters of the mind can take over. Those demons can be nudged out with positive thoughts about leaders such as Thompson. Leadership is about putting constituents first. 

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April 1, 2020 in Year of COVID-19: The Sheriff Doesn't Ring Twice

 

It's come to this: rationing of emergency medical care. 

The Wall Street Journal reports that at NYU Langone Health, Robert Femea gave ER front lines "sole discretion" for who is put on a ventilator. They also have permission to withhold futile incubation. In that decision-making loop the Ok, Boomer could be assessed as, crudely put, not a good bet for treating.

So goes another day in the coronavirus pandemic.

Andrew Cuomo becomes increasingly attractive as a presidential candidate.

His approval rating, depending on the latest presser, is around 90%. On CNN, his news-anchor brother Chris Cuomo brought up the possibility of Andrew as next U.S. president.

Among the many edges Cuomo has is that the public trusts him. That is so much so that he can make errors of judgment and is quickly forgiven.

Celebrity culture might be ending.

Folks are too scared about dying from the virus to give a damn what Ellen DeGeneres throws out there as guidance or supposed inspiration. 

It's posited that celebrity culture began with Teddy Roosevelt's flamboyant daughter Alice. The Ok, Boomer might remember the catchy song associated with her "Alice Blue Gown.'

Instead of celebrities America is embracing those ordinary people who serve in necessary functions.

On social networks, there are lots of likes for and comments about the workers at Aldi. We cheer that they are receiving "hazard" pay for manning the grocery lines. 

Tomorrow, April 1st, is THE DAY.

That's when many bills, including rent, are due.

As a public service, some corporations are letting it be known that they are open to negotiation. For example, when I called into my Bank of America Visa card about rewards (you bet, those can help out plenty with balances), the automated messaging was front loaded with this: The powers that be invite discussions about alternate ways to approach payment.  

But there are businesses which might not be concerned about the branding implication of taking swift action against those not paying their bills on time. After GM shuttered the Lordstown, Ohio plant, evictions from apartments were routine. And the sheriff doesn't ring twice.

Not everyone is in a financial pickle - lessons learned. 

There were individual catastrophes before The Time of Coronavirus. In 2003, I had lost my nest egg, business, and mind. Here is my book on that, including lessons learned, which can be downloaded free. 

Not only did I resolve never again to live above my means. I embraced what's now called "radical frugality" or "minimalism." Then I referred to it as a "vow of poverty." In the front lines of that psychic (and behavioral) shift had been cognitive therapist, based in West Hartford, Connecticut, Amy Karnilowicz. 

The results included going from six-figure debt to having a surplus of income at the end of most months and maintaining an investment portfolio.

Takeaway: Research how to live cheaply. It can be done, even in America. My most recent initiative has been to donate my automobile to Kars4Kids. That, according to Nerd Wallet, can save someone an average of $8,469 a year. I had been at that fork in the road: Buy a new car or figure out how to get from Points A to Points B, C, and D without a car.

Some can enjoy the pause and some bump up against the tipping point of despair.  

On social networks, brandname lawyer Norm Pattis (he had defended Connecticut's Fotis Dulos) reflects that slowing down is not a bad thing. The courthouses are closed so he and other lawyers are not cranking out the usual lawyerly things like briefs and aren't appearing before a jury.

However, Pattis is self-employed. He is positioned to manage his financial everything. The self-employed have more wiggle room in hard times. 

Lawyers employed by law firms aren't so fortunate. Recently Womble Bond Dickinson laid off junior lawyers. Reed Smith is slowing down cash distributions to partners. 

Ironically, those lawyers losing jobs might find themselves scrambling for help, just like the former servers in restaurants and the clerks in department stores.

They should click into the Paul Weiss Coronavirus Relief Center, created by lawyers working pro bono. It simplifies the mazes for help.

Red tape can be daunting. It could also be the tipping point into despair.

On an individual basis, pitch in with helping those allergic to red tape to get the information and aid they need. Recently, readers who are gig workers have been asking me how to apply for unemployment. That's permitted by the CARES Act. Here is my public service post on that development for contract workers and the self-employed. 

Allow ourselves to change. 

The New York liberal in me is being forced to re-think values. Where I am living now (very affordably) is not a coronavirus hotspot. But an hour away is one. Governors, mayors, health officials, and medical personnel are deciding whether the hospitals here will be open for those from the hotspot. 

This time my mindset is the conservative NIMYB. That is, not in my background. So far the cases of the virus and the deaths are low in this county. Allowing those from a hotspot to be treated here could be the game-changer.

"At my age," as the saying goes, I never expected to have to be "tested" so severely. After I bounced back in 2004 from my individual year in hell I assumed I was entitled to a smooth ride. HaHa. 

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Feuds, Ranging from Farrow/Allen to Dershowitz/Boies: Refuge from Exhaustion of COVID-19

Cain and Able

Families of Romeo and Juliet

Jack O'Dwyer and the PRSA

Harry/Meghan and The Firm

And, the Farrow Clan and Woody Allen.

Feuds are a mainstay of civilization. In difficult times they are solid platforms for gossip. Nice distraction.

In this era of COVID-19, we need lots more of that. Less Netflix. Less following the news and emails from marketers about the pandemic. Less  losing trust in leadership (with the exception of Andrew Cuomo and where is Joe Biden). 

Along the way, feuds can provide lucrative work for those in public relations and law. Those sectors, just like most of professional services during the pandemic, need the business. The Ford mechanic in my residential complex is among the very few currently making a good living. (I have been saved by those taking out sponsored content on my three syndicated blogs.)

What is most titillating about feuds is this: Entities such as the New York Post take sides, with great passion. That's lots of fun. I had enjoyed supporting O'Dwyer against the PRSA. Most of us who drift into the loop have fairly boring lives. 

Usually both those sides claim they have the upper hand. 

But in the latest round between the Farrows and Allen, the latter might be winning. Not only did he get his memoir "Apropos of Nothing" published. Most know the story of how Hachette backed out and Arcade rode to the rescue. 

In addition, the book is doing well. On Amazon, it ranks a wonderful high: #529. Of the 66 reviews, 76% give it a 5. Only 4% give it a 1.

Most importantly, it allows Allen to raise questions about Saint Mia, supposedly Mother Earth and Global Do-Gooder.

That mirrors how Christopher Hitchens was able to raise questions about Mother Teresa. Many recall his iconoclastic book "The Missionary Position."

No, that didn't destroy Mother Teresa. But it performed enough brand deflation that when she died, around the same time as Princess Diana, the world didn't kick into universal mourning. Interestingly, when Hitchens himself died there was universal mourning.

In the U.S., Allen might be, to borrow that term from "John Wick 3," excommunicado.

 But his work is doing well enough in Europe.

He did extricate himself from Mia. Anyone from what might be a dysfunctional family system understands how difficult that is. I  broke away twice, only to go back, with great regrets. The bonds can be the jaws of spiritual death.

His marriage seems stable.

He can continue to do what he loves: Make films.

And, he made it to age 85. No self-destruction through the usual suspects.

The peril to the new front line of the Farrow faction - investigative reporter Ronan Farrow - is that the dynamics can become all-too-consuming.

The attention shifts from work per se to maintaining the feud.

The branding becomes cartoonish as it tends to do in so many human conflicts. Think about one-time superlawyers Alan Dershowitz and David Boies. They duke it out like out-of-shape former prize fighters. 

Sad, also.

Talented Ronan can wind up that way. 

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Law Firms - The Bad Politics of Layoffs

Man the Political Animal has replaced Economic Man.

At least in the corridors of power. And, much of the media and on Main Street.

Therefore, for law firms, layoffs are not a wise way to manage a 2008-like crisis. Especially if those reductions in force impact the Little Guy. The Little Guy can include both staff and junior lawyers. 

Essentially that was the message from the Law.com podcast focused on two issues:

1) Is the legal sector sliding into another steep downturn, much like or worse than that of The Great Recession?

2) If so, what might be the emerging best practices? Beware, the old ways could get law firms branded as The Enemy. 

The guests were Bill Brandt, founder of DSI, and Keith Wetmore of Major, Lindsay & Africa. 

The layoff issue is filled with complexity. 

On the one hand, the current situation of across-the-board remote work makes most of administrative staff not needed. In addition, as those following the business of law firms know, there had been lots of hiring of lawyers during the recovery. Overcapacity is a reality.

On the other hand, both government leaders and the media have made it their business to highlight the tragedy of workers who have lost their jobs because of the coronarvirus. The pain is beyond money. In America, we are our jobs. That's that.

On PBS, thought leaders have pointed out that in other nations such as Denmark the approach during this crisis was to do whatever was/is needed to keep businesses open and people employed.

In the U.S., businesses frequently had no choice but to shut down and let workers go. Post-crisis, it will take time for those businesses to rebuild. Anyone who has naively taken a break from a career gets it: Re-entry is tough, maybe impossible.

The alternates to layoffs are many. They range from requesting extensions of lines of credit to instituting furloughs. Through the latter, workers can collect government-funded unemployment compensation in the interim. That expense is not on the law firm. Then, when the timing is right, they can circle back to their jobs.

I would add that, once back on the job, they can be trained to perform the functions that the new normal demands. Both Brandt and Wetmore hammer that the legal sector will never return to what it had been before COVID-19. The scope of this assault on business-as-usual is driving law firms to rethink all their processes.

Interestingly, in The Atlantic, Ed Yong presents the post-pandemic world order. He envisions the overall shift to be so profound that babies born today will be entering a whole new chapter in the history of mankind.

Consequently, they should be labeled "Generation C." What the world is after the coronavirus is all they know. The analogy is  Generation Z, digital natives. They never experienced an analog culture. As a result, just about every institution had to change to accommodate their reality. Generation C's reality won't be that of Q1 2020.

Another recommendation from the podcast, also related to the politics of The Time of COVID-19, is that law firms should be creating and transmitting positive messages.

Yes, the thought leadership kind.

Yes, both internally and to other constituencies such as clients.

Yes, law firm leadership should be picking up the phone and contacting clients on a very human level. Let them discuss their anxieties. Old-fashioned hand-holding? Corny? Probably, but really needed right now. Old is new again. 

Law firm Paul Weiss has already gone beyond that. It has moved to the next step: taking action.

Paul Weiss' Chairman Brad Karp created the pro-bono initiative Coronavirus Relief Center. 

The shorthand way of describing that is a kind of UX design that guides the public through the maze of what's available to help them during COVID-19. The configuration simplifies and streamlines.

Anyone who has struggled to resolve a billing issue, for example, with an insurance company or hospital, understands the extreme frustration.

Here is how Karp describes the initiative in his own words. 

How will the law firm be structured and what will be its values in the future? 

First the dust has to settle before even the experts on the business of law can speculate about that. 

Meanwhile, the 19th century guideline for law firms to embrace is the meme from the novels of Charles Dickens. No matter what ordeals his characters had to endure in the Industrial Revolution what got them through was what he called "the milk of human kindness." That held off despair, no matter what.

Sheltered-in-place, law firm leaders might download Kindle versions of Dickens' novels like "David Copperfield."

During this unique kind of economic upheaval, brands, including those of law firms, need to soften. Not harden. Generation C will be living in a very different kind of capitalism than dominated before COVID-19. That is beginning to configure right now.

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