Law And More

Shannon Who? Joe, You're Becoming a Public Nuisance - The Great Unpredictability

In Massachusetts, U.S. Senate incumbent Ed Markey could be in for the fight of his life.

Or, maybe not.

Markey, in his 70s, is already opposed by labor-lawyer hero Shannon Liss-Riordan. Her signature is representing contract drivers against Uber to obtain the legal classification as "employee."

But, that grand mission became accomplished when California AB-5 was signed into law by the Governor Gavin Newsom. Usually what happens in CA spreads throughout the nation. So much for Liss-Riordan's branding as lawyer friend of the gig worker. The CA legislature and executive branch took care of that, thank you.

Obviously, that particular political force is somewhat neutralized.

The meme of high uncertainty in today's world washes across the consciousness of the watchers of the MA U.S. Senate race.

Another supposed threat to Markey has been U.S. Congressman Joe Kennedy III. Although he filed to run, he continues to do a Hamlet. Obviously, before declaring himself a candidate, Kennedy is analyzing his chances of winning against Markey.

What Kennedy would have going for him could be two things.

One is the Kennedy branding in MA, along with its fundraising force field.

The other is his age. Come on, admit it, there is age bias in America. That stink follows Joe Biden and Bernie Sanders around. It surfaced in the last Democratic debate. 

But, not so fast about the Kennedy edges. They could be neutralized by the ability of Markey to obtain the endorsements of two high-profile influential politicos. 

As Boston Magazine reports, AOC announced she is supporting Markey. They're allies in championing the Green New Deal. With Dorian and more there had been more attention to the impacts of climate change. AOC has gained new credibility. You bet, residents of the U.S. are getting it that they have to factor climate change into everything from where to live (maybe not coastal Florida) to where to invest (maybe not fossil fuels).

Also, Elizabeth Warren is for Markey. She is navigating the early campaign better than expected. And she could be the last one standing. Since she's a woman that could make her a publicity magnet.

It could be said that what is going on in MA mirrors the Uncertainty as Standard that dominates global, national, state, and local matters. 

Consequently, those who decide to take a certain course of action can't predict how that will play out in their careers and long-term branding. Liss-Riordan can look naive for taking on Markey. Kennedy's Hamlet act can irritate voters in MA. The residue could be: Another Kennedy manipulating us.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

 

September 16, 2019 in Branding, careers, Current A

In Massachusetts, U.S. Senate incumbent Ed Markey could be in for the fight of his life.

Or, maybe not.

Markey, in his 70s, is already opposed by labor-lawyer hero Shannon Liss-Riordan. Her signature is representing contract drivers against Uber to obtain the legal classification as "employee."

But, that grand mission became accomplished when California AB-5 was signed into law by the Governor Gavin Newsom. Usually what happens in CA spreads throughout the nation. So much for Liss-Riordan's branding as lawyer friend of the gig worker. The CA legislature and executive branch took care of that, thank you.

Obviously, that particular political force is somewhat neutralized.

The meme of high uncertainty in today's world washes across the consciousness of the watchers of the MA U.S. Senate race.

Another supposed threat to Markey has been U.S. Congressman Joe Kennedy III. Although he filed to run, he continues to do a Hamlet. Obviously, before declaring himself a candidate, Kennedy is analyzing his chances of winning against Markey.

What Kennedy would have going for him could be two things.

One is the Kennedy branding in MA, along with its fundraising force field.

The other is his age. Come on, admit it, there is age bias in America. That stink follows Joe Biden and Bernie Sanders around. It surfaced in the last Democratic debate. 

But, not so fast about the Kennedy edges. They could be neutralized by the ability of Markey to obtain the endorsements of two high-profile influential politicos. 

As Boston Magazine reports, AOC announced she is supporting Markey. They're allies in championing the Green New Deal. With Dorian and more there had been more attention to the impacts of climate change. AOC has gained new credibility. You bet, residents of the U.S. are getting it that they have to factor climate change into everything from where to live (maybe not coastal Florida) to where to invest (maybe not fossil fuels).

Also, Elizabeth Warren is for Markey. She is navigating the early campaign better than expected. And she could be the last one standing. Since she's a woman that could make her a publicity magnet.

It could be said that what is going on in MA mirrors the Uncertainty as Standard that dominates global, national, state, and local matters. 

Consequently, those who decide to take a certain course of action can't predict how that will play out in their careers and long-term branding. Liss-Riordan can look naive for taking on Markey. Kennedy's Hamlet act can irritate voters in MA. The residue could be: Another Kennedy manipulating us.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

 

Reputation Laundering - The Genius, Money, and Morality

Despite the Sixth Amendment - the right to a defense - superlawyers such as David Boies have been criticized for pulling out all stops assisting their clients.

Forever will resonate Jason Farrow's outing of this in The New Yorker. However, the reality is this: Boies' law firm continues to be in demand. Unlike the warrior in the film "John Wick 3," Boies has not had imposed on him an "excommunicado."

But the legal defense is only a part, perhaps a relatively small one, in the parallel universe that those with significant resources can operate. 

Before, during, and after that win in the court of law could come what John Naughton The Guardian essentially labels as "reputation laundering." The analysis fingers the MIT Media Lab as the platform for the attempt to restore Jeffrey Epstein's brand. 

Rebranding, just like many defenses in the court of law, requires strategic genius, money, and its own kind of morality. The latter mirrors capitalism's notion of paying for a service.

In reputation laundering that payment is usually high. Over the years, Epstein donated large sums to the MIT Media Lab and motivated those on his global network to also contribute.

According to current norms, society now demands that process be transparent.

Had the MIT Lab disclosed in detail those financial windfalls, perhaps members of the media, including Ronan Farrow again in The New Yorker, wouldn't have this issue to cover.

Actually, it's an ideal one for the ambitious media. More recently, Harvard has also been outed as accepting Epstein's contributions and appointing him as a "fellow" (a kind of professor) in the psychology department. At a time when many have become weary of national politics, this particular story has legs.

The U.S. Constitution guarantees the defense.

But there is no constitutional guarantee that the influential institutions in society will continue to allow reputation laundering. Businesses, such as public relations firms, could be, yes, be stamped with an "excommunicado" decree if they accept a rebranding assignment for what is perceived as a questionable cause or an enemy of the people. 

The Verge is among the communications sources which reported that disgraced media tycoon Roger Ailes was planning a comeback. After his non-compete provision with Fox News ended, he, assisted with venture capitalist Peter Thiel's funding, was envisioning a rival to Fox. That would be another kind of conservative cable network. 

Likely, a moving part in that would have had to be reputation restoration. Could Ailes' long-time personal public relations representative Bob Dilenschneider been assigned that project? Could that mission of reinvention be pulled off?

Many Ailes watchers never counted him out to time travel to an undiscovered planet of accomplishment. What seems unthinkable simply might be conceived within a framework lacking imagination and push.

It was before prison that the Nixon Administration lawyer Chuck Colson seemed to begin to self-launder his reputation. He found and shared spirituality. When he died the obituaries hailed his contribution to humanity. 

What could be crossing the minds of those not perched on the top rungs of the socio-economic ladder in America is deep resentment. They assume that they are locked out of the shot at reputation laundering. On the agenda for ending inequality could be tutorials on the art of rebranding.

But that hostility may arise from a lack of a capacity to envision what's possible. In reality, nobodies pull off every day overcoming how they initially are perceived and treated.

The warm and fuzzy term for that is "The American Dream." Like Colson, it was in prison that Malcom X laundered his reputation. The transition was from street thug to respected leader.

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

 

Ghosts of the Puritans - Sin Taxes, Laws, Wellness Restrictions, and More

Famous artist David Hockney is fleeing his life in Los Angeles and relocating to Normandy, France. His beef is that in the U.S. pleasure is verboten. He wants, for example, to be able to enjoy a cigarette in a restaurant when dining. 

His exodus raises the very old issue: Do Americans feel barred from embracing life as a good experience versus the drudgery of work, save (invest), and showing off success? For instance, it's obvious myriad prominent lawyers seem unable to relax and just be. Workworkwork seems their ethos.

So much of that goes back to the Puritan founders of America.

Their world view was that human beings were on planet earth to honor God. That was to be through hard work. Their outsides reflected their insides. That is, they would exhibit wealth and status in their society if their inner life had been virtuous. Enjoyment? Maybe on a few designated holidays.

Those who veered from this mindset were punished in public ways. From high school English class, many recall the novel about the scarlet letter the sexually loose had to wear. But, being held in the stocks was no fiction. And, no, if you were part of the Puritan community, you didn't want to wind up there. As we all know, being shamed is a brutal emotional ordeal.

So many taxes, laws, wellness restrictions, and other aspects of American life seem embedded in that Puritan value system. Those who rebel against being in that box will be punished - in public. That can take the form of simple criticism for not being engaging in wellness to arrest for walking along the street tipsy from alcohol.

The irony about the latter is this: As Susan Cheever documents in her book "Drinking in America," the founders were a bunch of drunks. Getting really wasted on booze was perfectly okay unless the happy soul started vomiting a lot under the table. Then, that was it, for that night. But usually there was no it. Intoxication was woven in the fabric of life. In addition, with food not plentiful, the necessary number of calories had to come from boozing. 

Can America ever shake its Puritan heritage?

That's unlikely as long as it is totally committed to capitalism. It had been the Puritans who had created what had been for a long time the most powerful economy in the world. Professional success is the informal religion.

To achieve that no one can risk being observed buying into a pleasure ethos. Just bear witness how activists are railing against the hedonistic members of the 1%. The assumption is that they should be working hard at sharing their expertise and wealth. 

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"County of Summit, Ohio et al. v. Purdue et al." - Public Nuisance Stays, Rules Judge Polster

Any corporation facing litigation alleging public nuisance or which could be a target for that kind of lawsuit should feel the blast of arctic air going through the business community. At the top of the list could be the former lead paint manufacturers/marketers such as Sherwin-Williams. 

In "County of Summit, Ohio et al. v. Purdue et al." U.S. District judge ruled that public nuisance stays in the trial. Here is a copy of that complaint. 

Settlement talks between Purdue and the state attorneys general in the loop broke down over the weekend. Unless something changes, the opioid public nuisance lawsuit will proceed to the courtroom as a jury trial on October 21, 2019. Here are details about that summary judgement from Law.com

Most of OH is a lousy venue for that litigation. The defense could have a challenge finding objective jurors. The state has been devastated by deaths related to alleged opioid addiction. Part of that human tragedy is that children have been left without their parents. Frequently opioid use is a family affair.

Public nuisance first became a power tool of state attorneys general when BigTobacco had been targeted. Eventually that was settled through the Master Agreement in 1998. 

Later it was leveled by the combination of state attorneys general and plaintiff lawyers operating on a contingency basis against corporations which had been in the residential lead paint loop. The first win for the plaintiff had been in a bench trial in California. From that verdict, the contingency plaintiff lawyers will receive 17%.

As expected, that success generated similar public nuisance lawsuits. Pennsylvania has already parachuted in with lawsuits against Sherwin-Williams. And Massachusetts is being encouraged to also do so.

Public nuisance has also been applied to diverse legal situations ranging from how utilities do their energy to how the Roman Catholic Church allegedly managed the contentions about clergy sexual misconduct.

Clearly, from the 20th century days which produced a windfall settlement from BigTobacco to today, public nuisance has evolved into a multi-dimensional legal concept.

Large corporations might think about it as the monster emerging from the deep. Meanwhile, all organizations should factor into their crisis communications accusations that they are causing a public nuisance.

The wrong rhetorical moves could position and package them in the court of public opinion as the enemy of the people.

Meanwhile the careers of political figures who point the finger could go on a rapid upward trajectory. It has been the current U.S. senator Sheldon Whitehouse who had put the first major lead paint lawsuit in play in Rhode Island. At the time he was the attorney general.

You bet, Purdue et al. don't want public nuisance in the courtroom and in the media. But things didn't go their way on that one. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Lawyers/Law Students: The Role of Book Publishing in the Marketing Mix

The advice book "Decisions" will be published by Citadel Press January 1, 2020.

The meme is that the decisions made now shape the future. The format for delivering that guidance is practical advice by 23 leaders.

So far, pre-publication sales aren't brisk. On Amazon, the book ranks 2,267,262. As yet, there are no customer reviews.

The author is public affairs player Bob Dilenschneider.

Unfortunately, Dilenschneider's book branding is associated with the attempt to distract attention from Gabriel Sherman's "The Loudest Voice in the Room." He tried that by placing an ad in The New York Times Book Review section for a vanity biography of Ailes. Some assumed the placement of the ad by a publisher. 

But not for long.

The media noticed that the book promoted "Roger Ailes: Off Camera" had already been on the market a year. Journalists thought that weird. They investigated. Then they outed Dilenschneider as the party who had placed the ad. No the marketing tactic hadn't been orchestrated by the publisher. Dilenschneider had been Ailes' personal public relations representative. 

With so many recent creative interpretations of what Ailes had been about, the story of the NYT Book Review stunt hasn't gone away. Ailes is dead. The shelf life of the ad placement just keeps getting extended. 

Dilenschneider is no newbie in the book publishing game. He had leveraged book publishing for his branding and new business development since the early 1990s. That, of course, was a different time. For those in professional services, publishing a book had been the price of entry. 

That was then.

Now, lawyers and law students who recognize the importance of establishing a brand currently wonder: Should we invest our resources in publishing a book. Or, if that had already been done, should publishing additional books be part of the marketing mix?

So much more can be accomplished through doing what it takes to become a social network influencer, developing a podcast series with reach, and, hopefully, being invited to give a talk on TED. 

Yes, a book still can be a promotional tool. I research and ghostwrite about two annually. Books, print and e-, are a major niche for my communications boutique. Yes, most of that is done on a 100% confidential basis.

However, in this digital era, it can no longer be a stand-alone. Instead it is only one part of dynamic marketing package that keeps reconfiguring in response to what's going on in the external environment (including weather and sea level) and within the thinking of the author. The world keeps changing. The audience keeps changing. The author keeps changing. 

The model for that is the unique success of New York University professor and internet expert Scott Galloway. His book "The Four" has served as a platform for his comprehensive guidance about Everything Ecommerce. Yes, Galloway has plenty of followers on social networks, does podcasts, and deliver talks on TED. 

Another shift in the book market is that e-books can also perform plenty heavy lifting. As free downloads on websites they not only send the expertise message. They also create an ethos of generous sharing. 

Given so much disruption in The Book As Marketing Tool, it will be useful to observe how Dilenschneider manages "Decisions," its sales, and its influence.

All marketers, not only those in professional services, are operating on a fast-shifting playing field. It's all too easy to start running in the wrong direction.

In addition, law students have to get it that they can both launch their brand and derive insight into the legal sector by publishing a book. That can be a 40-pager knocked out on Word or PowerPoint. Then they can do extreme distribution on social networks and through podcasting. Could law students receive an invitation to address TED? Sure. 

Complimentary consultation on how to put your book together, have it ghostwritten affordably, and leverage that platform for extreme marketing success. Please contact janegenova374@gmail.com.

Name-Calling Fatigue - Has Tipping Point Happened When Civility Returns to Politics?

Aside for getting covered by news site Law and Crime, Harvard Law School professor Laurence Tribe's name-calling is a yawner.

What Law and Crime, Dan Abrams' invention, reported was that Tribe referred to U.S. Donald Trump as a possible Russian asset and an idiot.

So? Yes, Tribe has a big following on Twitter. That's a lot of fun.

But, overall, Name-Calling Fatigue has set in. Residents of the U.S. are preoccupied with the economy per se and the stock market more specifically. If they are near retirement they are in high angst if they can sell their house at the price point that will contribute to financial security. 

Given that name-calling might have peaked and is in a trend downward trajectory, civility could return to politics. A sign of changing times is that some political analysts recommend that in the next debate among Democrats, the participants don't attack each other. 

In the art of oral communications there had been a rhetorical convention: Not badmouthing anyone or anything. Thinking which one disagreed with was positioned and packaged as "perhaps well-meaning but misguided." 

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Such a Risky Move: Donald Trump Says He's Looking for New News Outlet to Replace Fox News

Those who are up on their history know that Henry VIII wound up offing those institutions and people who didn't do what he wanted.

That template seems to be playing out in Donald Trump's seeming definition of "loyalty." That quality appears to be one of total unwavering support of his policies, opinions, and, of course, reelection campaign.

As The Wall Street Journal reports, Trump doesn't perceive Fox News as sufficiently loyal. Therefore, he has said that he has to start looking for an new news outlet. 

Among Fox News' acts of disloyalty have been:

Provided air time to Democratic candidates.

Released an unfavorable poll about Trump.

Hired a liberal commentator.

One interesting issue here is: Can Trump "afford" during a reelection effort to turn on Fox News? It has deep bonds with his core supporters. Some speculate that the media is the most powerful institution in society. Yes, that power is greater than any government head, wealth per se, and corporation.

Another provocative issue is: Will Fox News turn on Trump? It can easily do that by giving plenty of air time to the Democrats. 

Myriad media outlets will closely follow this development. Meanwhile, all eyes are on how Matt Drudge, founder of the conservative Drudge Report, positions and packages this development.

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Alan Dershowitz & His Theatrical Talent - Will It Pan Out in Epstein Legal, Branding Mess

In the recently published book "Siege," Michael Wolff blows off former Harvard Law School professor and iconic criminal lawyer Alan Dershowitz as a sort of celebrity-seeker.

According to Wolff, his major asset is not a brilliant legal mind. It's a know-how about getting, holding, and scaling attention. One tactic has been publishing popular books.

Well, Dershowitz seems at the theatrics again.

As many know, he's caught up in the residue of the Jeffrey Epstein mess. Dershowitz had been Epstein's lawyer. Also he had been accused by Virginia Roberts of alleged sexual misconduct.

Daily Mail reports that during a keynote speech at the Colorado Steamboat Institute on August 23rd, Dershowitz positioned and packaged himself as a victim of #MeToo. He also contended that Roberts' lawyers are trying to pull a shakedown on him.

Will the theatrics pan out this time? 

The odds are not good.

Dershowitz already damaged his brand on conservative television, as an advocate for Donald Trump. Some of the stances he argued seemed a stretch. Shade was thrown on his credibility.

Playing the theatre game is full of risk. This could not end well for the Dershowitz legalities and branding. 

Not getting results from your marketing communications? Complimentary consultation – janegenova374@gmail.com.

Language Refresher for Lawyers: The Buzzword "Gaslighting"

The Guardian quotes Taylor Swift on a gaslighting observation. She states that U.S. Donald Trump is "gaslighting" the American public with his meme that if they don't like him they don't like America. 

Buzzwords come and go and come back. Baby Boomers might recall the buzzword gaslighting from the noir film genre. Some evil genius was gaslighting a sweet powerless person … 

Then the term vanished from cool.

Now it's becoming a standard way of describing Machiavellian mental and emotional manipulation. For example, in the court of public opinion an age bias lawsuit against Mount Sinai is contending the head was gaslighting older females in order to make room for younger mails. Of course, that immediately grabbed headlines.

And Roger Ailes' "mortal sin" could go down in history as his alleged ability to gaslight females at Fox into believing their careers depended totally on him. He siphoned out talent from the success formula. Some seemed to buy in. But the good news is that some, such as Gretchen Carlson, didn't.

One wonders if the gaslighting went beyond the alleged sexual harassment sandbox. Did Ailes, for instance, persuade males in the loop that he was the primary source of their success. For example, Bob Dilenschneider had served as Ailes' personal public relations counselor.

On behalf of Ailes, Dilenschneider might have tarnished his own brand in what could go down in history as "The New York Times Review of Books Caper."

Given his decades in public relations, Dilenschneider could have or should have known that the media would out that supposed stealth move to distract from Gabriel Sherman's new negative biography of Ailes "The Loudest Voice in the Room."

Both the concept and the actual term "gaslighting" have power.

Lawyers should exploit that. Soon enough the influencers will remove that linguistic default.

No longer will it be able to cast spells, including in developing new business for class action bias lawsuits, as in "The managing director at the law firm seemed to gaslight females and older associates, right?" Such language can establish unique connection, the kind which closes the deal. The lawyer leveraging it gets to represent the plaintiff class. 

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The Making of the King Lear Tragedy as "Trump Fatigue" Overtakes American Voters

In Politico, Rich Lowry nails what could lose the election for Donald Trump.

That would be that voters simply are too exhausted by his non-stop showmanship to pay attention to him any more. They shift to listening to what other candidates have to say about improving the lives of Americans.

And that's that. Trump becomes a one-term president. Like Shakespeare's King Lear, he could wind up being totally alone, ranting that he has been more sinned against than sinning.

Lowry labels that "Trump Fatigue." But Trump, a one-time big success in reality television, might not be able to cut back the showmanship. He likely does not have that level of self-awareness and self-control. The memory of The Big Hit has taken him over. 

Trump, though, is not alone in not being able to let go of a former triumph to open the door for a new one. Over and over again in all fields, ranging from corporate leadership to music, men and women become frozen in time. We all know who they were or currently are. 

The genius of players such as Steve Jobs and Barack Obama is their ability to keep evolving. 

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