Law And More

ESG Urgency - Global Healthcare Experts Document Hazards of Climiate Change

There was the pounding Ida delivered to the Gulf Coast and parts of the Northeast. Many attribute that firce hurricane to climate change. There could be more speculation about the impacts of climate change as the hurriance season continues.

Now this on climate change from global healthcare authorities: The Wall Street Journal reports:

"Editors of 220 leading medical, nursing and public-health journals from around the world called for urgent action on climate change, in a joint editorial published on Sunday. The editorial, which appeared in journals including the New England Journal of Medicine, the British Medical Journal and The Lancet, warns that current efforts aren’t enough to address health problems resulting from rising global temperatures caused by emissions of carbon dioxide and other greenhouse gases."

What is recommended is that aggessive efforts be made to limit the temperature increase to 2.7 degrees Fahrenheit. That objective came from the 2015 Paris Summit. These issues will be discovered at a UN General Assembly meeting on September 14. Meanwhile, the global healthcare alarm is out there, worldwide. 

Obviously, this hightened sensitivity to climate change accelerates the development of challenges corporations could face with their products, services, processes, and supply chains. For guidance on how to navigate the political, legal, branding, and stock market implications, those corporations could be turning to their law firms' ESG practices or integrated ESG services. ESG is shorthand for Environmental Social and Governance. 

The Corporate Governance Institute defines and discusses "ESG" this way:

"Environmental, social and governance (ESG) is a set of standards for how a company operates in regard to the planet and its people. ESG is important because socially conscious investors now use ESG criteria to screen potential investments."

The Responsible Investor documents that there are more than 50 law firms around the world offering that kind of counsel.

In the U.S. an early adopter in establishing a full-service ESG practice had been Paul Weiss, chaired by Brad Karp. That was in April 2020. Here is that model:

"Business leaders face greater pressure to increase their organizations’ resilience while simultaneously addressing social issues of importance to stakeholders. Our advisory practice helps companies navigate the legal, business and political ramifications of developing and implementing ESG initiatives. We advise on matters such as stakeholder engagement, corporate governance, crisis management, corporate social responsibility, sustainability, diversity and inclusion, ethics and compliance."

In February 2021, The American Lawyer reported that a number of U.S. law firms had recently launched ESG services. Those law firms range from Syefarth Shaw to Gibson Dunn.

 The umbrella concept of "green" has evolved into a multi-dimentional business issue. 

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Law-Firm Chairpersons - Yes, You Have to Focus on Whether to Mandate Boosters

ISRAEL PLANS 4TH DOSE!

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So, Your Law Firm Says It's Reopening Offices This Month Or Next: Will You Show Up?

MORE COVID CASES THAN LAST LABOR DAY
SPREADS AMONG VAXXED
MU FOUND IN LA
FLORIDA DEATHS AT RECORD
ARIZONA 3,000 SICK A DAY

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Mental Illness, Violence, and The Law - Even Family of Medical Doctors Couldn't Prevent Murder

On July 24, 2014, in Orange, Connecticut, 24-year-old Tim Granata murdered his mother Claudia. She was home with him and hadn't gone shopping with her daughter because she feared he would kill himself. 

Before that, Tim had been involuntarily committed to a psychiatric hospital after suicide threats. Members of the Granata family voiced concerns that they feared he could harm them or the mother. He had already attacked a brother. 

Both his parents were medical doctors. They had the best available knowledge, the best network of psychiatric contacts, and the funds to pay for the best therapeutic interventions. All that didn't prevent the murder.

Obviously, mental illness remains a mystery. It also isn't easily treated. 

Obviously, too, the law as it was in Connecticut didn't prevent the mother from being killed by a son diagnosed with schizophrenia. Yes, we are quite aware of human rights and the mentally ill. And in-for-life mental asylums essentially are an achronism in America. 

However, at least in CT, the legal system did render justice, after the crime had been committed.

Tim eventually wound up in a psychiatric facility for "restoration competency" so that he could stand trial. When he regained enough of his mental faculties to assist with his trial his defense was not guilty by reason of mental disease or defect. The trial took place not before a jury but a panel of three judges. After less than a hour he was acquitted. 

In the 2021 book "Everything Is Fine," Tim's older brother Vince tells that story. Depending on one's view of justice, it seems to have as inspirational as possible ending in terms of law. At least, after a horrific tragedy. And given the law that tragedy didn't seem preventable, not as Vice presents the details.

Vince reports the sort of positive outcome: 

"With the acquittal, the judges committed Tim to the jurisdiction of the Connecticut Psychiatric Review Board. This board would determine the length of his incarcerated treatement that could span decades, but could not exceed sixty years." 

At that facility Tim is allowed to go off his medications. However, since his demons take such hold of him again he can be coxed to get back on them.

In terms of what mental illness does to a family, according to Vince, Tim's two brothers, sister, and father will probably never be whole. However, Tim is part of their lives. They can separate out the disease from the person. They manage to still find and love pieces of Tim which are still there. 

An interesting part of this story from a genetics point of view is that Tim is a triplet. His brother Chris and sister Lizzie show no signs of mental illness. The older brother Vince did run into problem drinking after the murder but, alerted by his father, he exited out of that. 

For lawyers, healthcare workers, and families in which there is serious mental illness "Everything Is Fine" is a useful read. The tone is realistic about the limitations of the legal system and psychiatric community and the powerlessness of loved ones. The information is up-to-date. And there is hope that even in the worst-case-scenarios acceptance of what-is is possible. 

Disclosure: In my extended Eastern European family there have been both schizophrenia and suicide. I struggle to separate the disease from the human beings.

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Law-Firm Chairpersons: You Have Stay of Execution on Whether to Mandate Booster Shot(s)

"The leaders of the FDA and CDC are reportedly pushing back on Biden's booster-shot plan, saying they need more time and data" - Insider, September 3, 2021

Already law-firm chairpersons are overwelmed with COVID-related decisions and their impacts on the goodwill of associates. There have been back to the office, vaccinations, masks, and even social distancing.

Then, it became obvious they might have to belly up to a decison about mandating a booster or even an onging regime of boosters.

Fortunately for them, they can step back right now. Joe Biden might have gotten ahead of himself in his enthusiam for boosters.

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ESG and The Little Engine That Could - Chevron Could Be Next

"Engine No. 1 is considering whether to target a major oil company once again, and other investors have been in touch with the hedge fund about organizing a group to purchase Chevron shares, sounding out if there is interest in launching a second major campaign, people familiar with the matter said. Engine No. 1 hasn’t made any decision about another campaign, one of the people said." - The Wall Street Journal, September 3, 2021.

Engine No. 1 can be thought of as The Little Engine That Could.

With only 0.02% of Exxon stock (valued at about $50 million) it had been able to pull a board coup. That is, it placed environmental activists on that board.

It did that primarily by pitching to larger shareholders that Exxon wasn't doing enough in reducing carbon emissions. Also, it hammered how much money had been wasted on massive projects that had low a return on investment. 

That same MO can pan out at Chevron. Currently Engine No. 1 owns about $600,000 in stock. 

These kinds of initiatives are just the kind which law firms assist their clients with through their ESG practices (Environmental Social Governance).

It's a must-do for BigLaw firms to provide services in that niche. Recently firms ranging from Gibson Dunn to Seyfarth Shaw made that addition.

But, an early adapter in that category had been Paul Weiss, chaired by Brad Karp. That was in April 2020. Here is the Paul Weiss model. The branding of that ESG practice has been reinforced by Karp's own branding for social-justice collaborative projects with myriad other law firms. 

Obviously, catastrophic events which could be attributed to climate change will increase activism of all kinds. The recent horror extended from the Gulf Coast to the wealth of the Northeast. It has been speculated that the reality that the privileged in Manhattan "got drenched" could be the tipping point on aggressive lobbying by the powerful for addressing climate change. Climate change doesn't just happen to poor people in New Orleans.

That will likely mean that more businesses will be needing the services of law firms' ESG practices. 

Since the hurricane season is just starting, the concern about climate change among the powerful is bound to escalate. 

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"US v Elizabeth Holmes" Has a Jury - Now, So Much Put on Trial (including ethos of Silicon Valley)

"Five women and seven men have been selected to serve as jurors for the monthslong trial of Elizabeth Holmes, after days of vetting to determine their impartiality and availability to weigh the fate of the Theranos Inc. founder charged with criminal fraud." - The Wall Street Journal, September 2, 2021

Those jurors are diverse - racially, in age, and in income. They are ready to put their lives on hold for this trial which is expected to last until mid-December.

Of course, they had been screened about whether the media coverage of both Theranos and its founder Elizabeth Holmes made them biased.

In addition, though, they were questioned about their experience with domestic violence. It could be that Holmes' lawyers from Williams & Connolly will insert a mental health defense.

Unsealed documents disclosed that Holmes contended a decade of abuse from her intimate partner. That allegedly ranged from controlling her behavior to throwing objects.

Whether that generates sympathy from jurors is not a sure thing. In the Texas trial of dentist Clara Harris who fatally ran over her dentist husband the defense  introduced his alleged abuse of her. But the jurors essentially ruled that out. They assessed she had the resources to exit the situation. She was sentenced to 20 years, then released after 15. Jurors could also conclude that Holmes had the intelligence, funds, network, and family support to dislodge herself from domestic abuse. 

In the next few months so much could be on trial. That could include:

• The ethos of Silicon Valley which overpromises.
• A passive board of directors. That is in conflict with the current focus on governance in the corporate concern with ESG (Environmental Social Governance) matters.
• The media which initially had blind-faith in Theranos technology and the business skills of its founder. 
• The legal guidance for Theramos by lawyer David Boies of Boies Schiller. Also, he had allegedly tried to intimidate The Wall Street Journal when it was going to break the story questioning the startup's technology.
• The medical community which seemed to trust too much and verify too little. 

But, will what comes out in this trial really change much? Human beings tend to believe what they want to believe, then behave in ways that are in sync with that mindset. There will be more Theranos startups. There will be more Holmes kinds of players. There will be more media outlets which gush prematurely about a vision to change the world. And that will be that.

Reflection: There is the gallows humor in this time of climate change. Experts posit that unless radical action is taken to halt the pace of climate change, the human race could disappear in 200 years. Some cheer: Finally. That would be great.

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The Stick v. The Carrot in Vaccinations - Delta Airline's Model Perfectly Legal, Being Considered by Other Businesses

"Employers weighing whether to follow Delta Air Lines’ lead and impose financial penalties on their unvaccinated employees could charge an unlimited amount depending on the type of wellness plan they choose." - Sara Hansard, Bloomberg Law, August 30, 2021.

Like many corporations and law firms, Delta Airlines used the stick versus the carrot to motivate workers to become vaccinated. No surprise, given the seriousness of the Delta variant and other mutations such as C.1.2, it has assessed that strong action as necessary.

What has become newsworthy, though, is the kind of stick Delta Airlines is using and how it has quickly become a model other businesses are considering.

One of the key parts of that model is imposing a substantial surcharge - $200 - to the monthly premium for the company's healthplan for the unvaccinated. 

That is perfectly legal. Also legal for others leveraging that approach is to charge as high a subcharge as they decide will do the job in getting the unvaccinated to come to the party. That's because they can vary the monthly premium based on the wellness parts of their healthcare plan in terms of the unvaccinated.

Obviously, most employees can't afford that extra $200 a month, never mind surcharges considerably higher than that.

The Delta Airlines model could become the uniquely effective approach to increase the rate of vaccination. Optimism has faded that COVID will peter out even in 2022.

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Law Firm Chairpersons - Policy about Boosters, C.1.2 Variant

Again, there is research documenting that protection from initial COVID vaccines declines. The latest study conducted for the CDC found that since the Delta Variant protection there had been a 30% fall-off. 

Increasingly it is becoming obvious that to return to the office safely there will have to be boosters. That can mean another decision about possible mandates is thrust on law firm chairpersons. 

As yet, there hasn't been any of those announced. If and when the policies are announced, you bet the legal media will run with it. Expect politics and drams.

Since the return to the offfice is so indefinite the leadership at law firms are smart not touching this in terms of a public statement. It's not unthinkable that boosters could turn out to be the third rail in mandates.

Meanwhile, the return to the office could be pushed further into the future. A new variant - C.1.2 - which could be more contagious than earlier versions of COVID and vaccine-resistant had been detected in South Africa last May. Since then it has spread to other countries, ranging from China to Portugal. 

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Safety - EV Niche Not So Green, Not with Revenue, Not with Branding, Maybe Not with Politics

Shade has been thrown on the EV promise of being a green option to fossil fuels.

This makes the reality of Category 5 IDA more threatening since its intensity has been attributed by some to climate change.

More of those fierce storms are expected this season.

And meanwhile what could play out to be a lot safer and cost-effective is for even the greens to hunker down in their gas0line-powered vehicles. 

So many institutions are being affected by the troubles developing in the EV niche.

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" ... safety problems [for example, fires] underscore the risks for traditional auto makers as many take a sharp turn toward electric vehicles. The high cost of energy-dense lithium-ion battery cells means replacement expenses can spiral when defects occur. Ford Motor Co. , Hyundai Motor Co. and other car companies have been hit with huge costs to fix relatively small numbers of electric cars." - The Wall Street Journal, August 29, 2021.

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So far, GM has confirmed 10 battery fires for the EV Chevy Bolt. It is conducting its second recall. Meanwhile, the National Highway Traffic Safety Administration has posted consumer complaints about EV cars bursting into flames on its website. Will a 2021 version of lawyers like 20th-century Ralph Nader parachute into all this?

Fixing the batteries by the manufacturer could range from $5,000 to $30,000 a pop. That doesn't make this niche look promising for those who do the math. They include shareholders and other sources of funding. 

Meanwhile, the struggling Lordstown Motors could be in this same pickle after it puts its EV pickup Endurance on the market. Production is supposed to start next month. That EV player represents the great economic hope for the Youngstown, Ohio Metro area.  However, already it's in a negative competitive position because what Ford is providing has a $10,000 less sticker price. Also it is still reeling from the damning report by Hindenburg Research and the investigation by the SEC. Investors could get it: EV is not the technology to bet on right now. 

The danger of fires, especially in the EV owners' garage or in front of their house, obviously is not good for the branding of EV as a green solution. A death, not just property damage, could amp up the negative image of the EV as not technologically ready for prime time. Potential buyers could shut down. The risk could be too scary.

In addition, there could be large-scale push-back against politicos supporting EV. The shift to EV already burdens consumers with higher costs of buying and maintaining their vehicle. Now, with the safety threat, those who had been positioned and packaged as Green heroes could be recast as enemies of the people. Politicos have to be smart. So they probably already get it to step back somewhat. 

Ironically, this severe setback in the EV category could make the members of the Law Students for Climate Accountability seem downright uninformed. They have unleashed so much condemnation of law firms which have as clients businesses associated with fossil fuels. Yet, the business of fossil fuels might be a transportation necessity for a relatively long time. Also, factor in if the average car buyer can afford the EV. The crisis could be financial. 

The Law Students for Climaate Accountability' opposition has been high-profile, especially in the media. Three firms have been singled out for special vilification. They are Akin Gump, chaired by Kim Koopermsith, Allen & Overy, chaired by London Richard, and Paul Weiss, chaired by Brad Karp. Those law students might owe them a public apology: Sorry, bros, but we were premature. 

As America attempts to navigate so many current crises, activist green groups might find it in the public interest to just lay low right now. Ponticate less. Surrender to technogical and financial realities.  

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