Law And More

Booze Sales Down - Bad News for SmallLaw, Solos, AA Could Die of Natural Causes

A predicable piece of business for SmallLaw and Solos has been the DUI. 

But that could go poof, like so many other B2C niches in the legal sector.

The Wall Street Journal documents how the sale of booze keeps declining.

During 2018, it went down another 0.08%. Beer got hit the worse, with another 1.5%.

Seeing the handwriting on the wall, those in alcoholic beverages are diversifying. Soon enough they could be opening spas in southwestern Arizona. 

Without the DUI, SmallLaw and solos could be even more in a pickle to land enough work to keep the lights on. 

Another institution to take a hit - maybe even collapse - is 12-step program Alcoholics Anonymous. For several years its effectiveness has been questioned. Membership is down worldwide. And, critics frequently quote from the hatchet job done by the now iconic anti-AA article in The Atlantic.

Without a nation of boozers, AA would lose its reason for being. Of course it could rebrand as Opioids Anonymous but that's not what it is about at its core. The "trusted servants" who oversee AA probably wouldn't allow that. The organization tends to be fundamentalist.

How will America be as post-boozing nation?

Could be we will sip herbal tea while watching the Superbowl. Since there is already an epidemic of loneliness we will likely be experiencing that sporting event alone. Instead of bros and sistas, there will only be our dog next to us, along with our smartphone. 

Overall we seem to have given up on socializing, unless it has a definite professional agenda. Sure, I will meet you for a drink - only one - if there is a possibility of business. 

Several years back I took my last shot at the joys of human companionship. Somehow four former college classmates and I found our way back into each other lives. It should have been predictable that would be a disaster + BigTrauma.

My father bowled alone. I will do the SuperBowl alone.

Tonight we will watch another episode of supposed friends' saga "A Million Little Things." Could be we could pick up some tips about getting back into the human interaction game.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

Legal Marketing - Yes, You Must Succeed in Tough Game of Placements/Quotes in Third-Party Media

Everything changes. Especially in how to promote products, services, brands, causes, points of view, ideas, and oneself.

The legal sector will be increasingly impacted. It is facing upstart competition from sources ranging from tech entrepreneurs to global professional services players such as PwC which have entered the legal space. 

Now, it's back to the soul-wrenching experience of getting placements and being quoted in third-party media.

Yes, those are media outlets with gatekeepers. They range from old-line print like The New York Times to digital natives such as TechCrunch.

We have to get back nurturing relationships with the gatekeepers, then figuring out how to pitch. Leveraging our own media/social media has less and less reach. 

Once we succeed with third party media, then we have to repurpose, in OCD manner, that content - through our own media platforms, social media, curated sites, and email. We can also use that clip to pitch to other third-party media. Members of the media pay attention to what other members of the media have published. 

Here is the must-do I published on Odwyerpr.com today on how to get back into the third-party media game - and win, despite the odds.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

Employment Contracts - Non-Disclosure Clauses and Other Mandates Which Must Be Made Bullet-Proof

The negotiation part of Megyn Kelly's exit from NBC ended last Friday. The former Fox political commentator got her full $69 million, despite an early departure from her contract. 

But the negative consequences of its ill-fated hire will play out for probably much longer than the television network could have anticipated.

At the top of the list of the fall-out could be the influence, power, and very career of network head Andy Lack.

In the New York Post article about the payoff to Kelly, Lack is cited for poor judgment. Among his "sins" was hiring this abrasive personality for a soft newsmagazine in the evening (which had been pitted against hard-hitting "60 Minutes") and the folksy late-morning segment of "Today." Kelly couldn't engage an audience.

Another error in judgment was allowing Kelly's compensation to be public. Success in television broadcasting requires team work among talent. Once the $69 million number reached insiders, it became the night of the long knives. Kelly was frozen out. That was when she had no depth of understanding of softball television. 

Could Lack wind up the scapegoat? That probably depends on how much mischief Kelly could indirectly cause.

The negotiations took so long because of the battle over what Kelly could disclose about her ordeal at NBC. That means she has an agenda to push back. She is also determined for a comeback through her strength: political reporting. With the 2020 election on the horizon, she should be receiving job offers. Any success she produces in her Next will reflect poorly on how NBC managed this star. 

A third negative spinoff could be a hit to the collective confidence at NBC. It's not difficult to conclude that it hasn't yet healed from the allegations surrounding the forced-out Matt Lauer.

Meanwhile, ABC keeps hitting homeruns.

With David Muir as anchor, its evening news programming is number-one.

Muir has taken on the mantle of a comforting Walter Cronkite for these unusual times.

Aging "20/20" is keeping the juices flowing with blockbuster two-hour segments about real-life puzzles.

Among the winners had been the probing of why Colorado husband and father Chris Watts might have committed the triple murder of wife and children. A smart move, there was no definitive explanation. More recently, we were left to connect the dots if "Baretta" actor Robert Blake was guilty of murdering his wife Bonny Bakley. 

The bottom line on the Kelly mis-hire is that she is proving to be no one to mess with. She seems to combine a Machiavellian mindset with training as a lawyer. For a while, she had been an associate at BigLaw firm Jones Day. Any organization hiring her better create a bullet-proof contract for everything ranging from the mandate to be a team player to non-disclosure before, during, and after the hiring.

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

Aging Workforce - Japan v. U.S.

The aging.

Are they a challenge to developed economies or a catalyst for GDP growth?

In the U.S., those over-50 continue to be positioned and packaged as a problem demographic.

Not only are Millennials grousing about aging workers blocking the paths to promotions and then eventually sucking up entitlements such as Social Security and Medicare.

In addition, aging professionals themselves live in high angst about their ability to continue to land high-paying employment. That worry frequently evolves into a fear about getting any work. 

In Japan, the phenomenon of The New Aging is playing out very differently.

It's by hiring and re-hiring the elderly that the nation is, as The Wall Street Journal reports, generating its "second-longest economic expansion since World War II." 

Like many developed economies, Japan is experience a birth famine. Rearing children is expensive. Women are finding great satisfaction through careers. And the social pressure to be married-with-children is becoming totally 20th century.

There are fewer traditionally aged workers. That could have left myriad industries short-handed. Japan figured out that gap can be filled with the over-60 employee. They are both provided with incentives to not retire and to return to the workforce after having retired. 

How Japanese companies are recruiting and managing an aging workforce can provide models for human resources leaders in the U.S.

The New Aging story in America is a mixed bag.

On the one hand, some companies are creating strategies to retain skill sets and institutional knowledge which can exit through retirement.

On the other hand, they are perceived as forcing out the over-60 because of their high salaries and/or their alleged decreased productivity.

Also, they are seemingly playing dirty tricks in recruitment. Among the growing number of lawsuits had been the class action filed against Darden for alleging discriminating against hiring older wait staff. That had been settled with the restaurant chain for millions of dollars.

As The Wall Street Journal documented last month, almost eight million older Americans who want to work are jobless or are stuck in what could be called "the gray ghetto" - that is, low-paying/low-status jobs.

No surprise, those rejected begin to participate in creating their unmarketability. They become breeding pools for dysfunctional mindsets.

Here, free to download, is my book on those monsters of the mind - and how the aging can slay them. Too often, the aging shoot themselves in the foot.

The new game, at least in America, is to embrace the realities of aging and figure out how to transcend them in a search for not only work but better and better opportunities. Here is my book, also free to download, about the rules of that new game Download Outwitting ageism

Get amazing results through out of box communications strategies/content. Complimentary consultation janegenova374@gmail.com. I help, not sell.

The Non-Comeback of Hedge Fund Master Steve Cohen

In the good old days of SAC, master of the universe Steve Cohen averaged about a 30% ROI for investors.

That was then.

He had been banned by the SEC to accept outside investor funds. After the two year hiatus was over he launched hedge fund Point72. Bloomberg reports that fund earned investors 1% in 2018.

In contrast Bridgewater Associates' Pure Alpha Strategy fund yielded a 14.6% ROI for investors. That was even though many other hedge funds were, like Point72, floundering. 

Investor money could drift away from Cohen and new funding might not come.

Is Cohen finished? This will be a closely watched drama in 2019.

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

 

The Royals - Business Lessons for Law Firms

The royal family in the UK has endured as a business, despite not providing a necessary service or product. There is much about operating an enterprise law firms can learn from Queen Elizabeth et al.

Sure, the royals are useful for tourism. But a smart packager could put together a tour and other paraphernalia based on the vestiges of the monarchy. After all, the Queen isn't directly in the loop. She doesn't host high tea from 4 P.M. to 6 P.M. daily.

What are the lessons law firms can pick up for the royals? Here are 

Never go off script. That is, maintain a gravitas persona, just as the queen does, all the time. At the country club, lawyers can be driving away potential business by veering off to topics like their boats and vacations. Much better to be the earnest advocate, without a break in the scripting. 

Showcase philanthropy. The royals are continually photographed doing good deeds. In exchange, we allow them to live the good life. Law firms have to get more publicity for altruism. That includes pro bono work.

Nurture junior members as prime marketing tool. William and Harry, their wives, and children are allowed to be the main attraction. Youth is more interesting than the aging. On websites, law firms should feature the third-year associate. And, what about photos of the children of lawyers and staff. That will humanize a business known to be too hard-nosed.

Exploit special events. The royals are brilliant at getting useful media attention through their rituals. Law firms can put together special events in the public interest. And example there could be a panel focused on understanding the dynamics of addiction. Invite big names. 

Be an open system. The royals let in commoners and the divorced. Law firms have to brand as not so tightly wound.

This is the era of reputation management. Law firms have to come up with new tricks. Their branding essentially is a monolith. Yet, all the experts in law firm marketing howl about the need for differentiation.

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

 

All But BigLaw - Pricing Strategy for 2019

It is 7:07 A.M. New York Time.

And I am re-doing a client's promotional material. The new message is all about affordability. That client has re-thought her pricing strategy.

She will probably have plenty of company after the stock markets do their thing today.

BusinessInsider reports:

"US stocks set to tumble after soft data from China cast a somber mood on global markets on the first trading day of the New Year."

The BusinessInsider headline reads: "New Year, new stock market bloodbath …"

The mindsets of many businesses as well as consumers have shifted to extreme apprehension. Those of us who manage to navigate the fear-based environment of 2019 will be flexible in our pricing. In some ways, yes, it's back to 2008. Back then, every buyer expected a bargain. 

Sure, there are those elite businesses such as Cravath law firm ("you never get fired hiring Cravath") which can continue premium pricing. That's them. 

Here are 4 tips for marketing and sales for 2019:

• Position and package yourself as existing to help, not sell. That's the old selling as non-selling. 
• Stop being a nuisance on LinkedIn Updates with all the links to articles in the Harvard Business Review and other derivative material. If you have your own insight, then that's shareable.
• Be accessible. Talking can calm prospects down and only when they are calm enough can they transact business.
• Let prospects know you are on their side, therefore are negotiable in terms and conditions of the sale such as pricing.

During Q4 of 2018, I had already picked up on that the end was near (end of bull market, end of recovery, end of professional services as stuck in the 20th century). I redid my own promotional content and mode of interaction to return to the openness of 2008 in marketing and sales. 

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

Media - Why Ivy League JDs Labor at Abovethelaw, Not Cravath

More powerful than governments, business enterprises, and nutty leaders is the media.

That could explain why graduates of Ivy League law schools such as Yale (David Lat) and Harvard (Elie Mystal) opt to make careers at Abovethelaw.com, instead of a BigLaw firm such as Cravath.

So, it's predictable that media's own activities will be the big story of 2019. After all, it's heading into so much change.

The story of media could even upstage the saga of the coming global economic slowdown.

In The Wrap, Sharon Waxman reports how digital natives haven't yet found a sustainable model and a way to scale revenues. 

That's been obvious, of course.

Gawker pushed the envelope too far. A jury in Florida pushed back with a $140 million verdict.

Liberal HuffPost, after a strong start, lost traction compared to the conservative Drudge Report.

How long will Vice and Buzzfeed be around?

Meanwhile, establishment media, with a print legacy, has bounced back.

The New York Times got the hang of digital subscriptions and is thriving.

The Atlantic received fresh funding from Steve Jobs' widow.

The New Yorker found a second life with choosing the right juicy topics for investigative reporting. On social, Ronan Farrow put out a call for tips (ronan_farrow@newyorker.com). I sent him two. 

Network television, which was supposed to die, is still around.

Part of the reason why is that we are enjoying the turbulence. In addition to the sexual harassment scandals we wonder what old-line shows such as "Criminal Minds" will be renewed and which new ones like "A Million Little Things" will be allowed to grow an audience.

Also, there is the medium of blogging. Mature, but still packs a bunch. Former Uber engineer Susan Fowler shook up that enterprise with one post.

It was through my three syndicated blogs that I righted wrongs, at least to my satisfaction.

Those ranged from a financial institution which had wasted my time and use of my money to a client who was trying to stiff me.

Also, I got to stand up, toe to toe, to those "good girls" from the days when there were all-women's Catholic colleges barricaded in the woods - here and here. Thanks to that, I took the leap into self-love, which includes self-acceptance. All's well that ends well. In my late 60s I found inner peace. 

Given the media's power, it's the game so many iGens want to play. That's even if the money for the majority isn't up there with first-year associate salary at law firms (nearly $200k). They contact me for advice.

Because of the volatility in the media industry, I recommend their spreading the earnings risk: Develop multiple sources of income.

For example, as side hustles do marketing communications and tutor preparation for the SAT. Here is my article, published on Odwyepr.com, about managing what I call "mutt branding." That is, a diverse professional identity. 

Perhaps the most useful tool we can give the global underdogs, as well as those here in the U.S., is insider insight about how media works. That could be the greatest gift to mankind since Prometheus passed on the know-how of fire. 

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

Congress - Saving America from Extreme Holiday Marketing

No break between holidays.

Today, I swung by the Walmart which is open 24-hours. I was hoping that the Christmas paraphernalia would be all gone. It was.

But, the stunner: The night staff had stocked the shelves with Valentine's Day candy. There was everything from the fancy expensive boxes of chocolates to the cheap hearts with the stamped-on romantic messages. 

Right after Valentine's, the Easter candy probably will be loaded on the shelves, along with the cute stuffed rabbits. And, in 2019, the Christmas season marketing could begin before school starts. In 2018, it kicked off before Thanksgiving. 

Would there be support for a movement to lobby Congress to limit marketing of goods and services associated with any specific holiday to a certain number of days? For example, no promos for Valentine's dinners at restaurants until February 8th? And delay putting out the candy until January 31st? 

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.

Aging Lawyers - All Is Not Lost

Like the cliché "perfect storm," a stale buzzword has been applied to the global equities markets. The term is "rollercoaster."

But for the weekend, riders probably have received a pass to get off the ride and relax.

The Wall Street journal reports, "Futures pointed to a 0.4% opening gain for S&P 500 and Dow …"

It's 8:01 A.M. New York time. Those who checked our portfolios see losses still. But we are hoping there won't be crashes in value as there had been post 9/11 and in 2008. But, no one knows. Including not the so-called masters of the universe like one-time hedge fund czar Steve Cohen. His Point72 is down.

Of course, the aging like myself have the most to wonder about. We simply don't have the time to recover fully from investment disasters. Meanwhile, as the recent The Wall Street Journal article hammered, our earning power tends to decline, beginning at age 35. 

About eight million of us are unemployed or feel trapped in low-paying, going-nowhere jobs. But that doesn't have to be. Here, for example, free to download, is how to scramble to better paying work Download Outwitting ageism. That facilities making ends meet, no matter what is happening in our portfolios. Yes, most of us will have to continue working forever or to return to working. The Federal Reserve notes that one-third of retirees have unretired. 

The game is: Approach earning income from work strategically. Checking out groceries in Marc's today does not mean that's a long-term job. 

In 2003, I was earning a bit more than 11 bucks an hour doing loss prevention in an inner city big box. Look at me now. 

One 66-year-old professional who is no longer able to practice law is retooling his skills. Soon he will be able to market his business creating astrology charts. In some circles, that's quite in demand. For the time being he's doing odd jobs.

By this time, though, all gens should have embraced the volatility of everything (VofE) as the new normal.

Out of the Box Communications = Unexpected Results

Complimentary Consultation janegenova374@gmail.com – I help, not sell.