Law And More

Global Auto-Industry Lobbyists/Law Firms - The Business Potential

From June 15th through September 15th of this year, the Toledo Museum of Art featured the special exhibit "Life is a Highway: Art & American Car Culture."

That might be the last hurrah for the technological  innovation which transformed everything from transportation to social values (e.g. get in the car and escape whatever).

Increasingly, because of factors ranging from climate change to the expense involved, the car is less and less a symbol of what has been considered "progress" in civilization.

That shift in perception could impact all brands, even the designer ones.

What's obvious is that worldwide, lobbyists for the auto industry and law firms managing its litigation could run into raw headwinds. Of course, those challenges could command premium pricing. It will be interesting to monitor which law firms beef up practices dealing with auto sector.

Yes, the car is being vilified.

A recent radical move which is attracting attention, positive and negative, is the mission of socialist Paris mayor Anne Hidalgo to liberate the city from the oppression of the car. Last summer, as The New York Times reports, the temperature in Paris reached 107 degrees. Some viewed that as a preview of the future in a world getting hotter.

Hidalgo is busy implementing her vision for protecting Paris from further eco damage from cars.

Already dozen of miles of pavement have been dug up to make way for bike paths. In her view of things, the bike culture is good. The car is bad. If she gets her agenda through, cars could be banned from center city. 

Meanwhile, in the larger realm of global finance, there is a growing niche in focusing on investing in climate change. No surprise, Beyond Meat is a closely watched stock. It provides plant-based meat substitutes.

Simultaneously, as BusinessInsider documents based on IMF numbers, the global auto industry is slowing faster than expected. That is triggering major economic threats. The issue is: Can it bounce back. Or, will its demise only be delayed?

In addition, there is the political issue: Can weaning ordinary people from cars reduce overall poverty? In America, CBS reports that 70% see themselves as struggling financially. For a car that travels 15,000 miles annually, Nerd Wallet puts the average cost at almost $8,500 a year.

What lobbyists and law firms pull off in the court of public opinion could blow up the current negative narrative about The Car. That could constitute one of most astounding communications campaigns of these crazy times. 

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

In-House Lawyers - Better Flag HR, Department Heads about Peril of "Okay Boomer" Meme

It's one thing to put down baby boomers in, say, an informal debate about forgiving student loans.

The new popular way to do that is to respond to the baby boomer's input with "Okay Boomer." Add a roll of the eyes.

It's another thing to transmit any kind of antipathy against the older generation in the workplace with a phrase such as "Okay Boomer."

As an opinion-editorial in MarketWatch by Elizabeth Tippett hammers, that invites the next response from a lawyer.

The phrase "Okay Boomer" drips with age negativity. And many versions of that kind of bias against age violate the Age Discrimination in Employment Act.

Those who sense they have evidence of discrimination cannot only stir up trouble in work for the younger gens using the phrase "Okay Boomer." They can also file lawsuits. 

In-house lawyers should be flagging human resources and heads of teams about the peril in this spreading meme. 

Come to think of it, the use of that phrase outside the workplace could be construed as hate speech. That could also put those spouting it in legal hot water. As a public service, the public relations departments in businesses can point out how this phrase can be interpreted as, yes, toxic speech. 

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

 

"District of Columbia v. DoorDash" - Alleged Violation of Consumer Protection Procedures Act

Food delivery is big business.

DoorDash, valued at $13 billion, has a nice piece of that - for now.

But after the members of the media run with this lawsuit, that market share could shrink, along with brand erosion.

BusinessInsider reports that District of Columbia Attorney General Karl Racine has filed a lawsuit against Doordash. Here is a copy of the complaint "District of Columbia v. DoorDash." It is titled "Violation of the Consumer Protection Procedures Act."

Essentially, the AG contends that between July 2017 and September 2019 DoorDash used tips from consumers to subsidize its own balance sheet.

Consumers assumed the tips were going to the delivery drivers.

Instead, the AG claims this: If the amount of revenue from the delivery didn't pay the worker's minimum compensation, then DoorDash applied the tip to that to bring it up to standard. Whatever was left over from the tip DoorDash pocketed. 

Two parties were allegedly harmed. Consumers had been fooled about where their tip was going. So much for transparency. The workers didn't receive the tip.

When the policy was uncovered there had been a outcry by constituencies ranging from the press to the individual drivers. The policy was then changed.

Unfortunately, if this lawsuit hurts DoorDash's business what also could be hurt is the ability of their drivers to continue with this work. They will have to hustle to find other sources of income.

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

 

Shift from Public Relations to Legal - Darkness Fell Fast Post-BBC Interview of Prince Andrew

The fallout from Prince Andrew's BBC interview doesn't only negatively impact the brand - and future - of the British royals. 

In addition, as the Daily Mail reports, the situation has rapidly transformed into a legal one. Public relations expert Jason Stein had warned Andrew not to do the interview. But Andrew did. Now this. Darkness has fallen fast.

The this is that players in the legal sandbox are discussing the vulnerability of Andrew to be extradited to the United States to "cooperate" with officials.

The alleged sexual misconduct occurred in the U.S., not the UK.

Being a royal doesn't confer immunity to Andrew.

And currently prosecutors and plaintiff lawyers have what is being labeled "ammunition" to use in questioning Andrew. That could be under oath. And the content of the BBC interview could be part of cross-examination.

From the get-go in the BBC interview, those of us in the communications industry picked right up on Andrew's absolutely wrong tone and no evidence of sincere regret about whom he chose to be on his international network.

Regarding the latter, more and more of us are aware of the dynamics of mirror neurons. The research about them proved out that we human beings affect each other, cell by cell. Years ago, in the pre-scientific age, mothers and religious organizations warned about "bad companions." The Roman Catholic Church even classified those as "near occasions of sin."

Remorse for behavior is required by most social norms. Also, as lawyers know, they are expected in most courts of law. It is contended that AdmissionsGate miscreant Felicity Huffman got off relatively easy because she was contrite. Former law partner Gordon Caplan also adopted that persona.

Andrew did not.

Singlehandedly, Andrew could bring down the institution of the royals. Those in the UK who pony up the funding for much of that may decide to pull the plug.

Bring in top marketing and public relations firms to create a fresh approach to UK tourism. A former English major, I could advise on beefing up drama performances of the dramas of William Shakespeare. 

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

Marketing in Legal Sector - In-the-Box Rules for Publishing Books as Marketing Tools

Timing is everything, especially in marketing.

And, even more the situation in publishing books as a marketing tool. That process consumes lots of resources so those in legal marketing better do it exactly right. 

Among lawyers who consistently pulled that off had been retired Harvard Law School professor Alan Dershowitz. Some contend his power brandname came from not brilliance about the law but rather genius in what to put out there and how.

His topics, such as injustice in the bible, were provocative. His scheduling always timed right.

With smart angles, attorney Norm Pattis could also accomplish that in the criminal saga of his defense of Fotis Dulos. The case has had so many fascinating developments, such as the Connecticut Supreme Court reviewing the gag order put on the client.

So much for background. Now, to the current holiday season when even the distressed brick and mortar bookstores are packed with shoppers purchasing hardcovers for gifts. 

Bob Dilenschneider, whose signature marketing outreach (in addition to snail mail) is publishing books, should know that.  In his late 70s, this isn't his first publishing rodeo.

So, those who watch that former head of Hill & Knowlton public relations firm and for decades owner of his own agency, wonder: Will his newest book "Decisions" have a slow launch and fail to create a force field of influence? Currently, on Amazon it's at 462,954.

The book is due to be out there on December 31, 2019. Too late for a stocking stuffer.

By post-holiday season budgets can't absorb one more item.

In addition, the American mindset shifts to all-business. And, a macro matter like decision-making might be a force fit.

What we have found is that to succeed in this zero-sum marketplace we have to focus on narrow niches, not be global in our professional life.

Once I reconfigured my communications firm to managing issues related to fintech (including crypto) there was a dramatic uptick in demand. That, of course, should be no surprise. Quinn Emanuel received plenty of media attention when it announced it is accepting bitcoin as payment from clients.

Yes, we have bounced back to the era of specialization. That's exactly why websites now have multiple landing pages. We need prospects to experience our specific expertise in a clearly defined category.

Leveraging a book as a marketing tool is certainly back.

Demand for ghostwriting is high.

However, the rules for putting together a book and promoting it have changed a lot.

A big part of that is figuring out what should be in the box.

Currently in the box is timing as the key variable for success.

Investigative reporter Ronan Farrow knew to get his expose on sexual misconduct in the entertainment industry "Catch And Kill" out there pronto. That has been before we wearied of #MeToo and moved on to Tech and Its Discontents. The book came out October 15, 2019. It could show up in myriad stockings, especially in the global entertainment industry.

Takeaway: Factor in timing in all strategic and tactical legal-marketing moves. 

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

Uber Misclassified Drivers as Contract Workers - NJ Dept of Labor Demands $650 Million in Unemployment, Disability Insurance Taxes

Another arrow has been shot into the heart of Uber's business model.

The first had been California's AB 5, which classifies, with few exceptions, all gig workers in the state as employees. That goes into effect January 1, 2020. Uber is claiming to be protected by one of those exceptions and doesn't plan to comply.

Meanwhile, reports Bloomberg Law, in New Jersey the Department of Labor and Workforce Development is demanding from Uber and its subsidiary Rasier $650 million in unemployment and disability insurance taxes. The Dept contends the two misclassified drivers as contract workers. This could lead to Uber's being mandated to pay minimum wage and overtime. 

Uber is pushing back on that in NJ.

But the beginning of the end could already have been put into play. Congressman from Vermont Bernie Sanders introduced a bill establishing a kind of AB 5 on the federal level. Uber continues to lose billions. SoftBank, a primary investor, looks foolish for such aggressive backing. Like WeWork, Uber's day as this version of Uber could be over.

Among the tragedies associated with Uber and other gig economy jobs is that the most financially vulnerable get looped in. They don't have the access to the resources, including smart mentoring, to break loose.

When I talked to Wag dog-walkers (Wag, like WeWork and Uber, is also in financial trouble because of too rapid growth) about other career paths they tuned out. That was all they knew: hoping for a decent tip to supplement the low share of the fee for service.

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

 

Full-Time Laid Off Employees - WeWork Sends Heavy-Handed Letters to Honor Employment Contract

Tone.

It's everything.

And the tone of WeWork's legalese letters to laid off employees is perceived by some as "heavy handed."

The point is that there has been no indication that the former employees were violating the terms and conditions of the employment contract they had agreed to. That kind of contract covers can't-dos for the 12 months following termination. The provisions include no-compete clauses and not disclosing confidential information. Here are more details from BusinessInsider.

This tone-deaf move can further tarnish WeWork's brand. Incidentally, a layoff of about 4,000 more employees at WeWork is due.

As those in the loop of outplacement should have down cold, how terminated employees "are treated" can have long term effects.

Top-of-the-line outplacement firms educate employers about this critical phase of a reduction in force. 

To begin with, the morale of the survivors can go into the dumpster. They can be appalled at any sign of disrespect. Of course, their fear is: Hey, despite loyal service and extraordinary performance I can also wind up being positioned and packaged as, well, the "enemy."

Next the door opens wide to lawsuits. Former employees find their way to legal consultations. Currently, players in the legal sector seem sympathetic to former WeWork employees.

Recruiting talent for the developing needs of business becomes problematic. Who doesn't read Glassdoor when hunting for a job or a contract assignment?

Also, as is happening right now, shabby treatment becomes a story the members of the media will run with. Negative news sells and this is negative news.

In communications assignments with organizations conducting reductions in force I have found that the best overall guidance comes from a full-service outplacement provider such as RiseSmart.

The outplacement service has to be end-to-end, ranging from issues such as are there alternatives to a layoff to channels created for the terminated to be rehired as "boomerang" contract workers. 

RiseSmart's vice president of marketing Karin Bootsma makes it a mission to ensure organizations are aware of what might be called the "long shelf life" of resentments triggered among those laid off. 

Full Disclosure: When I was laid off from a food corporation the outplacement package equipped with the resources to start my own business. The parent company became a client for five years. 

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

 

Lawyers/Law Students - Fun Way to Understand Bitcoin, et al.

Quinn Emanuel has joined other leading-edge law firms such as Perkins Coie in accepting cryptocurrency from clients as payment. Actually, Perkins Coie has a practice in blockchain technology and digital currency.

But there still remain many other law firms and even tech-savvy law students who don't understand the fundamentals of crypto and its implications for all institutions, including government.

A fun way to fill that knowledge gap is the May 2019 book "Bitcoin Billionaires: A True Story of Genius, Betrayal, and Redemption." The author Ben Mezrich has previously published "Accidental Billionaires" which had been turned into the film "Social Network." Based on 102 customer reviews, his new book has an almost 5 rating. Its rank on Amazon is 13,683. Here it can be ordered.

Using the story-telling technique Mezrich explains in simple terms the benefits of a virtual currency such as bitcoin. He illustrates that with what can happen with traditional forms of currency, overseen by government, when there is a crisis. In Cyprus, the people lost most of their savings in banks when the government used it to pay off the nation's debt. 

In contrast, for bitcoin there is no government oversight. Actually, no middleman at all. "Miners" create the tokens, for a fee, and they are stored not in banks but digitally. The peril is security. Tokens can be "stolen" if there is access possible through the internet. That's the importance of what's known as a cold wallet, that is, not being linked to the internet.

Transactions can be anonymous. That is a key advantage with all the fears about privacy. 

In addition, the underlying technology - blockchain - can be applied to myriad other uses. One is quickly tracking down the source of a food containment. 

Mezrich wraps the story around how Tyler and Cameron Winkelvoss got into bitcoin. Surprisingly they were not geniuses who recognized the potential of crypto. Instead it was desperation. They were shut out of investing in startups because of their backstory with Facebook. Entrepreneurs and venture capitalists were, at the time, in some way associated with Facebook and didn't want to risk upsetting that relationship.

So, when the twins heard about bitcoin during a vacation they were motivated to research it.

From the get-go, they saw that a major problem was cybersecurity. They went to great lengths establishing a system to protect their tokens.

Soon enough they became bitcoin ambassadors. That not only put the Facebook chapter of their lives behind them. It also rebranded them as visionaries and Mark Zuckerberg as the establishment. The twins became the new cool. Along the way, they became billionaires. 

"Bitcoin Billionaires" would make a charming stocking stuffer this holiday season.

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

 

Lawyers, Working and Retired - Conduct Annual Inventory of the Stories You Tell

Okay, storytelling and oral history are both hot. The Wall Street Journal even has a piece on the benefits of retelling family stories.

But, there are downsides in all storytelling. They can become downright dangerous to careers and relationships if managed without street smarts.

To begin with, we are our stories. Keep telling the same one and we get locked into that identity.

That is very visible in retirement communities in the southwest. The former lawyer keeps retelling the saga of how she was in the loop of the Richard Nixon impeachment process. Anyone determined to continue to grow ducks her. Obviously, she is stuck in the past and she cannot transcend what she had done to earn a living way back when. In the complex, there is a rolling of eyes when referring to "the lawyer."

Meanwhile, the still-employed lawyer in the New York Metro area keeps telling the story of how it had been to work full-time for the state of Connecticut. Her mission is to provide evidence that government employment can be very fulfilling.

No one cares. And she probably misses out on having folks inform her of ongoing opportunities in the legal sector. The perception is that she too is stuck in the past. The assumption is that she cannot learn the new technologies. Currently, she is employed in a collection agency. Many agree she could do better than that in terms of jobs.

When it comes to family stories, that can get old fast.

Also, as members keep changing (that process has been speeded up in the 21st century) dredging up the past can alienate.

Please, Mom, don't inflict on me at Thanksgiving dinner how crushed I was in high school that I didn't get voted in to be class president and, look at me now - being published on politics. 

And, no, Mom, no more depression-era stories of how mean supervisions were. What downers when we need to keep optimistic about the world of work. 

The takeaway is this: Be cautious what stories you tell and don't tell the same one too often. Annually, review the story inventory and assess which ones should be ditched and what new merchandise should be parachuted in. 

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

Snail Mail, Alleged Financial Fraud, Whistleblowing, Fired General Counsel, Excommunicado Saint - Three Lawsuits, Including "McKellar v. Mithril Capital"

The three lawsuits have all the bizarre twists and dramatic turns of a James Patterson mystery.

The most recent is "McKellar v. Mithril Capital."

Filed by the venture capital firm's former general counsel Crystal McKellar it is a response to two earlier lawsuits against her filed by Mithril. 

Essentially, the former employer is alleging McKellar conducted whisper outreach contending financial fraud by the firm's leadership. The company had been co-founded by the Peter Thiel.

Among the contentions was that the value of the portfolio companies was overstated to investors. That campaign included handwritten letters sent snail mail.

McKellar was fingered by Mithril leadership as the chief suspect for the letter-writing.

The fact is that she did file a whistleblower complaint with the FBI and the SEC.

Mithril's two lawsuits also claim McKellar breached confidentiality and was in the process of setting up a competing firm.

Mithril invests in late stage enterprises such as Reddit.

McKellar was fired. According to her employer it was for cause.

In response she filed what would be the third lawsuit in this saga that could be reducing the equity in Thiel's powerful brand.

She contends her termination was a result of the whistleblowing. She is asking $30 million in lost compensation and $30 million in damages.

These bits of litigation drama have gone high profile not only because Thiel is in the loop. It is also because of McKellar's background.

She had been a child star on "The Wonder Years." Then, instead of imploding like too many child stars who reach adulthood, she got herself an elite education. Undergraduate she did Yale. It was there she met Ajay Royar who still heads Mithril. Next stop was Harvard Law School. She had practiced law for more than a decade before being hired at Mithril.

Meanwhile, Saint Peter (Thiel) whose litigation funding helped save the world from mean-spirited digital tabloid Gawker could be excommunicado (term from film "John Wick 3"). That would be from his top perch in venture capital heaven. Also, his best-selling guide for entrepreneurs "Zero to One" could be attacked. 

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