Law And More

Remembering "Cluster" Suicides in Kentucky - Let's Pray That Won't Play Out Among Parkland Survivors

Is suicide contagious?

Some experts contend that.

So, the parents and other loved ones of the Parkland Massacre have much to fear.

The second survivor of that murderous day has committed suicide.

The most recent suicide is a male sophomore of Douglas High School. That occurred yesterday. His identity has not been released.

Earlier college freshman who had lost her best friend in the massacre - Sydney Aiello - also had taken her own life. She had been reported to have experienced "survivor guilt" and been diagnosed with post traumatic stress disorder.

Here are more details from the media. 

There is such a phenomenon as "cluster suicides."

One example had been the approximately dozen middle aged trial lawyers who took their own lives in Kentucky. Here is the media coverage.

Another example are the student "leapers" at New York University. Here is the media coverage.

Parkland survivors who feel overwhelmed with emotion should recognize they have many resources. Among them is the 24-hour free hotline manned by Samaritans - 212-673-3000. The human beings who answer calls know how to listen, give the person in pain space, and are gentle with making recommendations. 

This blog passes along deep compassion for all those whose loved ones chose suicide. Several members of my family embraced self-deliverance. 

Classifed as "Addiction" - That Tells Us So Little

This evening, for a second time in a short time I attended a wake. It was for a human being who was supposedly making great strides in the recovery from what was diagnosed and treated as "drug addiction."

But, obviously she wasn't crushing recovery. She had died of an overdose. She left behind a toddler. As her home group absorbs the shock, they wonder if she had been play-acting recovery - and why. 

Not long before, it was a man, an executive in an insurance company. He and his employer were proud of his recovery. At the rehab where he had spent 60 days, he was a popular speaker.

Then he somehow racked up enough DUIs for him to realize he would probably lose his job and be sent to prison. One afternoon he helped his sponsor with landscaping, then on the drive home he pulled over and blew his brains out. 

His home group had wondered if addiction is really a virulent form of self-destruction. After all, the guy had so much going for him.

Lawyers, of course, tend to be sitting ducks for what is classified as "addictions." But, what does anyone, including the experts, really understand about what looks, walks, talks, relapses, and kills like addictions? Maybe it's something else? Why can some, after that moment of clarity when they realize they can lose everything, shake off the whatevers? And others seem doomed to die, after play-acting recovery?

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

 

Jury Verdict in Phase One of Bayer Roundup Trial - Setback, but Phase Two More Important

"Edwin Hardeman v. Monsanto" is the first lawsuit to have been tried in the multidistrict litigation. The plaintiffs contend that herbicide Roundup causes non-Hodgkin lymphoma in human beings. 

The parent company of Monsanto is Bayer. Here is a summary of the complaint.

The trial had been divided into two phases.

In the first, the jury was to decide if Roundup did cause NHL in Edwin Hardeman.

The lawyers representing him have been Jennifer Moore of the Moore Law Group and Aimee Wagstaff of Andrus Wagstaff. Wilkinson Walsh represented Monsanto.

As Ross Todd reports about phase one in Law.com, jurors unanimously determined that Roundup was a "substantial factor" in Hardeman's NHL.

Although this is a setback for Bayer, phase two is more important in terms of accountability and liability.

During the second phase, jurors will assess the evidence about:

What Bayer knew about the product's carcinogenic properties

The company's interactions with regulators

What are the potential damages.

Last year jurors saddled Bayer with a $289 million verdict in a Roundup case not part of the MDL proceedings. The trial was in San Francisco Superior Court. The judge, though, reduced the verdict by more than $200 million.

Now, there is this jury verdict in "Hardeman v. Monsanto."

Obviously, the investment community is very concerned. When Sherwin-Williams was found guilty in February 2006 of creating a public nuisance in the Rhode Island class action lead paint trial its stock plummeted. 

Obviously, the second phase of this litigation will be as closely watched as the first, particularly by its shareholders. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

 

"20/20" Special on Elizabeth Holmes - Flashbacks of Andrew Bachman

"20/20" did a masterful job of telling a story tonight.

However, not until Theranos founder Elizabeth Holmes takes a guilty plea in criminal charges or goes on trial will there be anything new. Just about everything presented in the two-hour narrative already had been presented, in one format or another. 

The lack of new pieces to the puzzle of who Holmes is as a human being and as a business leader did, however, give us in the audiences plenty of opportunity to reflect on the Holmes types we have encountered in our own careers.

My favorite to focus on in trying to figure out has been Andrew Bachman. Here is his story. When a student at Babson he put together with other classmates the startup Tattoo Media. Later it sold for $60 million. The fame was fast and intense, including an invitation to the White House. 

The problem was that the enterprise involved mobile cramming. First the FTC parachuted in. Bachman settled essentially by liquidating his assets. Later, when the Southern District of New York prosecutors moved in, Bachman took a guilty plea. 

Like Holmes, Bachman was from an upper middle class background. There was no need for him to go rogue for a rags to riches grab. So, I have to conclude that what Holmes allegedly did and what Bachman admitted guilt for had to have been an "inside job." That is, it had to have roots in what was their unique internal wiring. 

Is there any way employees, investors, and consumers can spot that ahead of time? Likely not.

The wiring seems to comes with the gifts of charisma and effective marketing. There will be many more Holmes and many more Bachmans. 

For years, I blamed myself for not picking up that Bachman was, to put it gently, "off" and allowing myself in ghostwriting for him to be bullied and more. Now I get it: He was very good at what he was up to in the world.

So was Holmes. There are probably 10 more of her kind pulling off the same sorts of business charades. Even if what she was conjuring up hadn't been fraud, it was a business failure that cost many a great deal. That ranged from money to careers. Because of the broken brand Theranos is, many of the former employees are struggling to find new jobs. Here CNN chronicles those professional tragedies. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

From Kate Spade to Gabriel MacConaill - Now High-Achiever Kelly Catlin Seem to Join that Tragic Club

In 2016, Kelly Catlin helped the U.S. team win a silver medal in cycling in the Olympics.

Now, report media outlets such as the New York Post, she is dead of an apparent suicide, at age 23. Her father confirmed that.

This apparent suicide is the most recent in the U.S. among high achievers. They range from designer Kate Spade to law partner Gabriel MacConaill. 

The nation remains puzzled - and scared. What professional at the top of the food chain is next?

There are myriad theories about what kinds of mindset and behavior play in the decision to take one's life. There are also anecdotes told by those who had made serious attempts.

Among those telling their story has been JohnsHopkins professor in psychiatry Kay Jamieson. A double dipper she also researched and wrote a book on suicide "Night Fall Fast." Published way back in 2000, it remains on the Amazon rankings - 35,996. Here it can be ordered.

However, even when the supposed circumstances are disclosed about the most recent events in the suicide's life, few questions are answered. The wrench in the works is that some people struggling with X or Y situations commit suicide and many more don't. 

No one as yet has connected what seem to be the most relevant dots. For example, for background information on an article I was writing for AOL on achievement I asked a cognitive therapist to speculate on why ABC or DEF who had been involved in scandals hadn't killed themselves. Her answer was their extreme narcissism prevented their checking out. She put it this way: "They love themselves too much."

So, narcissism might be measured in research studies on suicide.

Another factor to be assessed in suicides is a track record for psychosis, even short-lived episodes. Some of us who have been diagnosed with serious clinical depression own up to experiencing "psychotic hours" as the black beast overtakes us.

I have learned to lift myself out of that altered state by ingesting sugar and/or immersing myself in creative writing. Incidentally, I received a check for my input on a script for a short film on what goes on in the mind of a child who has an alcoholic parent.

A third variable could be hope. Where does it come from? What is the tipping point for its exit? 

Full Disclosure: On the Eastern European side of my family five members seem to have committed suicides.

This blog passes along deep sympathy to those who cared about Kelly Catlin.

Buddhism - Accessible, No or Low Cost, and Won't Prevent Admission to the Bar

Psychotherapy, even with good medical insurance, is expensive. My co-pay would be $45 a session.

And, as Olga Khazan reports in The Atlantic, 60% of counties in the U.S. don't have even one psychiatrist.

So, no surprise, in this era of extreme stress associated with earning a living and coping with so much change, Buddhism is catching on. Khazan notes that four in ten of us have tried meditation.

Participating in some form of Buddhism currently is very accessible and conveniently located. If there isn't a temple per se in the area, Buddhist oriented meditation and discussions are available at a yoga studio, meet-up, or local public library.

Also it is low-cost or no cost. At the Shambhala Buddhist temple in Tucson, Arizona, there was no fee when I had attended meditation practices and discussions. Donations were welcome, though, and most of us pitched in a buck every time we swung by.

The beauty of Buddhism for law students and lawyers is that, unlike seeking professional mental health treatment, there is no stigma. Having participated in meditation practices won't get anyone rejected for admission to the bar. A psychiatric diagnosis could. 

We who try out Buddhism keep coming back because what it provides works. By that I mean, we do calm down. We learn to process matters that pass through our brains in a different manner. And, most of the tactics are those we can carry away and use anywhere at any time in our lives.

For example, on my trip from AZ to Ohio the motel, two hours behind me, notified me that I had left my attache case, with my laptop and wallet, in the room. I pulled over the car and meditated. I got it that this was a setback, not the end of the world. The four hours added onto the trip were just four hours added onto the trip. One tenet of one school of Buddhism is that what is just is. It is neither good nor bad.

I have a hunch that Buddhist fundamentals such as not attaching to outcomes reach us because they are new to us. Most of us grew up with the tenets of Christianity or the Jewish faith. Unfortunately, much of that evolved into mere platitudes. 

In 2012, I began studying at the zen school of Buddhism in New Haven, Connecticut. There was also no fee.

Maybe there is no direct cause and effect relationship but soon enough I had the insight that I had "aged" out of doing business in the New York Metro area. I reconfigured my two enterprises to telecommuting ones and relocated to the more affordable, less age-biased AZ. In addition, I was able to phase out of antidepressants. And, there has been no need to pony up the money for appointments with mental-health professionals. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

Johnson & Johnson's Spravato Approved by FDA - Could Be Breakthrough Treatment for Major Depression

Lawyers, like we writers, frequently battle clinical depression. A new form of treatment may be effective, where others have failed. Or we gave up on them because of nasty side effects.

The FDA has approved Johnson & Johnson's Esketamine, which will be marketed under the brandname Spravato. Here are more details from the media.

Likely, despite the suffering associated with clinical depression, this will be material of television comics. That's because it is closely related to party drug ketamine or Special K. And, you bet, it can be abused.

How it differs from what's already on the market is that it kicks in within hours. Traditional antidepressants require weeks to be effective. By that time there could be a suicide or a series of other kinds of bad decisions such as quitting a job. Depression can be so severe as to trigger psychosis. 

In 2003, when I lost my business, nest egg, and mind - recounted in this e-book - Zoloft didn't begin to lift me out of the darkness for about three weeks. An immediate side effect was insomnia. Longer term I gained 50 pounds.

Meanwhile, of course, I was unemployable. A cognitive therapist eventually guided me into a applying for and holding a survival job. But it would be about a year before I could put together a career transition to replace my industry which had collapsed. Had my depression been treated faster and more effectively I might not have lost so much time - and earning power. 

Spravato is administered as a nasal spray, along with an oral antidepressant. Side effects range from out of the body experiences to sedation. To prevent those and the abuse of the medication it will only be administered in healthcare facilities. Patients cannot take it home.  

For busy professionals, those too depressed to show up, or those who sense they should keep their clinical depression under wraps, the need to go to a healthcare facility could be a deterrent. 

Chronic depressives like myself may be skeptical about the potential touted about this treatment. We recall when Prozac was supposed to be a miracle drug. Maybe it had been for some. But not us. 

Meanwhile there are confidential ways to reach out for a lifeline.

One is contacting Samaritans at 212-673-3000. It's free. It operates 24 hours. And those who pick up the phone listen. 

Another is just opening up about one's loss of hope to a trusted friend. Many who are honest in the helping professions will admit that can be as much a mood-lifter as formal psychotherapy. Or, even more effective because the interaction is totally horizontal. In therapy there could be the reality or the perception of a vertical or top-down relationship.

Hope, I have found, operates like a type of voodoo. It can cast spells. Yes, unleashed can be unique white magic. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

Tierra Ortega's Alleged Behavior - Happens All the Time

Allegedly Tierra Ortega murdered her daughter Ezlynn. Then, she allegedly threw her son Jericho from a building. After that, she jumped. Both son and mother survived.

This is positioned and packaged in the media - e.g. the Daily Mail - as the unique tragedy.

However, if it turns out to be an instance of a mentally ill mother, then it happens all the time.

Severe mental illness is a common reality.

Meanwhile, the children in that setting overseen by a disturbed mother, have few options. Foster care may not provide a more wholesome environment. Running away from home could land them in a sex trafficking ring.

Over the years I debated with my female siblings: Should we have outed our mother, descending increasingly into madness, to the "authorities."

I had a hunch I would have fared better in foster care. One sib was loyal to my mother and repelled by the idea of opening the door to our mother's being locked up in a psychiatric facility, shot up with potent medications. The other sib was pragmatic. Her take that foster care could add to our miseries the possibility of molestation. Yet, she lived in fear she could be murdered during the night by that scary presence who rarely could sleep.

The tragedy of being a child, at least beyond the cute infant stage, is that society doesn't welcome you with open loving arms. You have to navigate downright dangerous situations.

My solution was to play the academic card. By being a top student I was awarded a full scholarship to a college out of state and out of that house. Of course, the tradeoff was becoming a closed system. Intellectual activity was my default.

If Ortega is mentally ill, she may receive help. Meanwhile a daughter is dead and a son, if he makes it, could face a difficult life. I have great empathy with all in that loop. Despite the advances in digital technology, we still know so little about diagnosing and treating mental illness. 

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

JD Class of 2017 - $130,145 Average Loan Debt When Graduating from Private Law School (bubble bubble toil and trouble)

Optimism?

Magical thinking?

Nuttiness?

Whatever motivated the JD Class of 2107 to attend private law school, across the board it resulted in an average of $130,145 in student loan debt. The source for that statistic is Law School Transparency, reports Kathryn Rubino at Abovethelaw.com.

That nut of debt had been piled up during a time when all higher education is being questioned as an investment. That is beginning at the undergraduate level, of course.

Boston Magazine published a major feature how colleges and universities beneath the top tier (i.e. The Ivies) throughout New England are being shuttered, merged, or radically restructured. Education Dive is doing the body count since 2016.

In terms of moving up the degree ladder to professional degrees, applications to MBA programs are down, even in the top tier. In 2017, apps were down 6.7% at Wharton and 4.6% at Stanford.

Meanwhile, Harvard MBA Charles Duhigg reported in The New York Times Magazine that at his 15th reunion he found out that many of his wildly successful and wealthy classmates were "miserable." Here read the article.

Investing in a Medical Doctor (MD) degree leaves residents with an average $180,000 debt and not great job satisfaction, notes Forbes. The money isn't great either - not compared to other kinds of jobs in STEM. As NBC notes, more MDs are simply quitting practicing medicine. Many STEM fields do not require advanced degrees - or any degrees at all. 

What's obvious, with all the permanent closures of colleges and universities, is that a doctoral degree to land an academic teaching or research position isn't such a hot idea. So, graduate education also will be on the decline. Boston Magazine projects massive layoffs of professors. 

It's fitting to apply the cliché: The higher education bubble is bursting.

After the Trump Bump levels out, applications to law schools will probably also decline. That could be as bad or even worse than what occurred after the global financial crash. Law professors will probably be left scrambling for work.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com. 

The Millennial Madoff - Additional Fun Details about Elizabeth Holmes

Just like Bernie Madoff, Theranos founder Elizabeth Holmes has become a figure of extreme fascination. Incidentally, the New York Post canonized her the Millennial Madoff.

Vanity Fair's Nick Bilton supplies us with some fun details about Holmes which we might not have known. Here is the long feature. 

The best of what's dished includes:

She blames David Boies. Some had been surprised that superlawyer Boies of Boies Schiller was even associated with Theranos, at least after The Wall Street Journal began questioning its technology. But there he was, both on the board and representing Holmes. Apparently they parted company about strategy on how a regulatory issue should be handled. Now that Theranos has collapsed and she has been charged with 11 criminal felony counts, Holmes sees herself as victim. Boies is among the villains in the fable Holmes has constructed.

Justice, while slow, could be severe. The Department of Justice is sorting through 16 million to 17 million pages of documents. That means there could be additional counts. But even with the current charges, Holmes faces up 10 20 years in prison. However, there she could enjoy being treated as a celebrity guest, just like Madoff.

Made a puppy symbol of Theranos' comeback.  One day, as Theranos was crumbling, Holmes hopped a plane and brought home a puppy. She named him Blato, after the canine who helped bring life-saving drugs during a diphtheria epidemic. But Blato wasn't trained and would relieve himself all over Theranos. That included the boardroom. A clever wordsmith could have lots of fun playing with all that.

She is engaged to be married. No, it isn't with her former COO, who could also be going to prison. Becoming engaged, despite a possible long prison sentence, is a symbol of her extreme optimism.

Yes, there are films coming out. And Holmes is trying to put together a documentary to tell her side of the story. But none of that will provide as much entertainment as a trial. The odds are Holmes will not take a plea. Every moment of the courtroom theatrics will be live-tweeted and live-blogged. This could make "Pao v. Kleiner Perkins" seem like a non-event in legal drama.

Need affordable help strategically planning and putting together content? That ranges from blog posts and e-books to planning/scripting podcasts and creating traditional speeches. Complimentary consultation on how to generate influence and sell without paying high rates, janegenova374@gmail.com.