Law And More

COVID-19 Creates Unique Opportunities for Branding Fixes: Philip Morris International

Maker of Marlboro - Philip Morris International - is doing right by its workforce.

MarketWatch reports that it's not only not laying off any worker.

In addition, there will be no "haircuts" on salary. That's even for employees operating remotely who can't perform all the usual job functions there will be no reductions in pay. For workers who are taking on the risk of doing their jobs in-person there will be awards.

Since Philip Morris International is in the tobacco sector it's a target for all sorts of public-interest attacks and for controversies. From a pragmatic public relations point of view, this is a brilliant workforce policy, orchestrated just right, and at exactly the right time.

The old-fashioned response to that would be to belt out "For he's a jolly good fellow."

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Lateral Market - Wrong Hiring Could Sink Leadership's Credibility During COVID-19

What's obvious is that in many law firms partners are suffering.

There have been delays and cuts on draw.

Also, as is well known, there are myriad tactics to force partners out.

In turn, those partners know that there is a currently a target on their back if they are not pulling in the billable hours and new business.

So, in general, the law firm environment is not welcoming to the risk of hiring a high-priced lateral.

Often the expectation on the brandname's part is for a guaranteed lucrative compensation for a number of years. Few law firms can afford to take on that kind of financial commitment in The Time of Coronavirus.

Yes, as Roy Strom points out in Bloomberg, there have been some high-profile lateral hires. The one which has received the most attention has been Wilkie Farr & Gallagher hiring former Jenner & Block chairman Craig Martin (along with five partners). That was to establish a Chicago office. 

Aside from that, most lateral hiring presents a risk for both the financials of a the law firm and the branding/careers of the leadership. If the ROI for the hire doesn't pan out, the trouble so many law firms are encountering right now can be worsened exponentially. 

Another obstacle is that the hiring process has to be virtual. Nuances of chemistry might not be able to be picked up. So those in charge of hiring are, in essence, flying blind on the social fundamentals of the deal. In-person, it would be immediately obvious through vibrations if X or Y could fit with the culture and work effectively with others in that practice.

The deals which had been started before the world economic slowdown, then COVID-19 have closed or will be closing. But not many new ones have been put in play.

One elephant in the room about the lateral market is what David Lat will encounter when fully recovered from his near-death experience with COVID-15.

That has been a major media event, even being featured on "Nightline." Several months ago, Lat took the leap from his career in media to joining Lateral Link as a recruiter and managing director of its New York office. 

Before that, Lat's brand had been that he had founded the out-of-the-box legal news site Abovethelaw.com. Its edge was its sources. Junior lawyers and law students continually sent along anonymous tips. Therefore the site could break news. Within that niche, Lat became a star.

That was then.

One wonders how he can develop a brand in lateral recruiting when:

1) The publicity for his battle with COVID-19 hammers his media background, that is, as founder of ATL. A hardened brand identity can interfere with the launch of a new one. Incidentally, multiple branding identities have presented problems for those with side hustles. Here is my article published on what I labeled "mutt branding."

2) He is missing out on the dynamics of the changing legal market because, as "Nightline" communicated, his road to recovery is slow. Chronicling his saga in the media may or may not be a plus. Future prospects and others in the loop may or may not perceive this development as what they want to be associated with. 

3) On a dime, the lateral market has changed. When Lat parachuted in, it was strong. Now it isn't. And now is what brings in the income to pay the bills.

Meanwhile, right now covering the legal sector is a boom business for both journalists and bloggers. There is so much material that it is difficult to choose what to include in the day's wrap-up. One especially useful source has been Pin Hawk Law Firm Marketing Brief. It is published by Joseph Lamport. 

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Norton Rose Fulbright Positions International Cost-Cutting as "Pre-emptive"

What's on the balance might not be as important to branding and new business development as how that is positioned and packaged.

This is the era of extreme public relations.

The brand is the message.

And the message is the business. 

So, it's expected that Norton Rose Fulbright puts its cost-cutting in Europe, the Middle East, and Asia as "pre-emptive measures." Law.com reports that they include:

Outreach to staff for reduction of hours/pay for a year. That would entail a 20% cut in compensation. If enough opt in, the program will be effective April 20th.

Deferred partner distributions.

Deferred salary raises.

Deferred bonuses.

Because of technology, staff functions have become increasingly threatened. With remote work becoming standard many of those positions could become downright obsolete. If staff accept NRF's proposal, they know they have jobs for at least a year.

Deferrals send a message of optimism. Underlying that arrangement is the expectation that the financial threats will lessen and business as usual will return.

However, thought thinkers such as Henry Kissinger are projecting a whole new order of things post-COVID-19. The Wall Street Journal published Kissinger's manifesto.

The play-out of a whole new order should be no surprise.

Human beings are the ones who shape institutions. Those human beings have been forever changed by this pandemic. It's common sense that this generation of leaders, managers, workers, parents, and consumers will trigger an upheaval in the status quo.

That's what the Ok, boomers can now understand about their grandparents who had lived through being able to enter the U.S. at Ellis Island, the Spanish Flu, and The Great Depression. That generation, whacked three times, traveled with darkness. 

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Boies Schiller - 3 More Partners Leave

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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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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U.S. President Andrew Cuomo - Looking More and More Likely

"Some Democrats are openly talking up New York governor Andrew Cuomo whose profile has soared during the crisis [COVID-19], as a Biden stand-in." - John Fund, NR, March 25, 2020. 

How can we gauge how much traction the draft-Cuomo initiative will have? 

The answer is obvious: Check how the conservative and highly influential Drudge Report positions and packages the governor of New York.

If the traction is intensifying, the Drudge Report headlines will feature any and all negatives associated with how Cuomo is handling the New York state COVID-19 catastrophe.

On the left hand side will be links to dirt being dug up on Cuomo.

And expect, as had been the situation with former U.S. presidential candidate Hillary Clinton, unflattering photos of Cuomo. Some could be photoshopped.

There could be:

Overly ambitious Cuomo 

Haggard-looking Cuomo

Sick (maybe with COVID-19) Cuomo

Angry Cuomo

Cuomo when part of the Kennedy Tribe

Cuomo in the political wilderness

Meanwhile, losing traction has been Biden. The most politically brutal description of his current status is "a melting ice cube." 

Count on the Drudge Report to shift from documenting moments of supposed dementia for Biden to rhetorical moments such as alleged tone-deafness of Cuomo.

Let Campaign 2020 restart.

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Contract Document Reviewers - Unique Suffering in Time of COVID-19, How to Reimagine Career Path

As has long been suspected, there is a rigid caste system among document reviewers. 

Those who are employees of a law firm may or may not be treated well. The odds are that if document review is just one among many tasks they will be treated okay. However they will likely be second-class citizens if that is their primary function. They are at the bottom of a food chain whose revenues come from strategy and interactive work such as courtroom trials and managing transactions.

Those who are not law firm employees but receive assignments on a contract basis from multiple outsourcing firms usually are treated poorly. That's just the way it is. They know it. They put up with it to earn the $28 to $33 an hour to pay their student loans, rent/mortgage, and food. 

But, as Staci Zaretsky reports in Abovethelaw, their suffering has become unique during the COVID-19 pandemic. Here are some of the problems:

•  Unlike law firm employees, they cannot work from home.
•  If they do accept an assignment, they have to do the tasks either in an open-space setting with seating close together or in a small space, with everyone on top of everyone else.
•  Most of the assignments are in major metro areas, that is, hotbeds of the virus.
•  There is no choice: Either do it that way or don't work. 

Those in this contingent force of document reviewers probably regret the investment they made of time, money, and hope to matriculate at a law school.

But there is an exit ramp. Yes, there really is. That's the growing field of influence. Two of its sectors are public relations and marketing communications. 

Talented people in both only needed an undergraduate degree to land a job in a brandname agency. They had to be smart, though, about having the right internships. These are hands-on fields.

Soon enough they were and are making lots more than $28 to $33 an hour. Those who specialize in media relations and go freelance can bill at about $300 an hour. 

How can current contract document reviews parachute into the influence game?

Do volunteer work for politicos, budget-strapped nonprofits, unemployed professionals, and/or struggling small businesses. Offer to get them the right exposure pro bono. Learn the marketing communications game from researching how-tos on the internet and checking out a ton of books on that at the public library. The key in another line of work is to get down cold the terminology. Become fluent in the languages of public relations and marketing communications. 

A free online read where you can immerse in those languages is the bible of public relations: Odwyerpr.com. The editor-in-chief Kevin McCauley is always ahead of the curve in emerging trends. So, you get an edge. 

Since this is the era of influence, most of the fundamentals of messaging have become intuitive. Audit yourself for what you already know. Then play with that in how you can leverage your know-how and insight to get results (the term for that is "Call to Action") for those who need votes, funding, business, a job, or public understanding of an issue. 

Eventually, the former contract document reviewers will have the knowledge base, portfolio, references, and confidence to apply for full-time positions at public relations and marketing communications firms. Currently there is a lot of employee churn. That means openings.

Craigslist - Sites, Mediabistro, Pro Blogger, and Blogging Pro are among the online help-wanted platforms for full-time and contract work. 

Twice my niches on the communications continuum were no longer in demand. I reimagined my career path within that general field by knocking on the doors of small businesses and nonprofits pitching free help. Of course, they listened. As soon as I got results for them, I was back in business. One, in fact, lined up my first client. I also published articles in Odwyerpr.com. The exposure I gained on Odwyerpr.com brought in business I hadn't chased after. 

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Comeback, Comeback, Wherever You Are - Should Megyn Kelly Do Expose on Former Employer Jones Day?

This is an era of measuring continually who's up, who's down and by how much.

So, it's predictable that Megyn Kelly's tweet is being carefully assessed.

******************

Here it is:

I’m so frustrated right now ... that we can’t trust the media to tell us the truth without inflaming it to hurt Trump ... that Trump has misled so many times we no longer know when to trust his word ... that even I as a journalist am not sure where to turn for real info on COVID.

9:34 PM · Mar 11, 2020·Twitter for iPhone

 

**************

It has been featured in the Twitter category of Trending Topics.

 

On the one hand, it has received, so far, 2.3K retweets and 15.6K likes. 

 

On the other hand, many pushed back with their own tweets. The criticism ranged from mild - you have access to the resources to find out what's what - to a questioning of her credibility.

 

Kelly kicked off her campaign to come back with an interview on Fox News. The viewership numbers were high. Part of that might have been because of gawking. It's fun to observe a fallen celebrity claw. 

 

There were positive reactions that if she got back into political reporting she might make it back. But that sandbox has new kids playing in it such as David Muir and the older ones aren't giving up the space they have let it be known they "own."

 

Had Kelly figured out a return strategy she would have been in the loop of many of the commentaries and interviews about Election 2020. Also, like Elizabeth Warren, Kelly sports a persona that isn't likable. That's why she couldn't engage on network TV. Fox was something different. It runs on ideology. 

 

Twitter can be a platform for extreme career success. Whether that will be in the cards for Kelly remains a question mark.

 

There is always the option to restarting her career practicing law. That's what she did after receiving the JD from Albany Law School. Eventually she wound up in BigLaw. That was Jones Day, where she labored in that unique organizational culture for 10 years.

 

Since Jones Day is much in the news because of gender litigation filed against it such as "Tolton, et al. v. Jones Day," she might angle for a comeback by doing an expose series on the law firm.  It was through the expose genre that Ronan Farrow made it back after not doing so hot on network televsion.

 

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