Law And More

"Caroline Ruiz, et al. v. New Avon and Avon Products" - Filed as Class Action

Distressed Avon should be braced for lots more stress.

This time it will be on its branding as a business that empowers women.

Eventually, the pressure also could be financial if there is a verdict against it in a jury trial or if it ponies up a hefty settlement. 

In addition, there could be a massive shakeup at the top. Male leadership could be replaced with females attuned to the specific needs of employees who are mothers or are in the process of becoming a mother. 

For a while now,  legal and business media outlets have been covering the initial litigation by Caroline Ruiz. She had been recruited by Avon for a procurement position. After a short time with the corporation she requested special accommodations such as working partly from home because of a high-risk pregnancy. She intended to continue fulfilling all her duties. Long story short, soon she was fired, allegedly for performance reasons. She had come to Avon with a great track record. 

What grabbed attention is that Avon supposedly is supportive of women. The reality, though, it came out was this: Its leadership is primarily male. And, according to Ruiz it was operating on the male experience at work as the default standard. 

Since then, the Wigdor law firm, representing Ruiz, has expanded that individual lawsuit into a putative class action, which had been filed yesterday. It requests a jury trial.

The amended complaint  has two clients and three other possibilities, so far. Many more could participate. 

All plaintiffs contend they suffered professional discrimination and some were actually penalized because of issues associated with maternity and child care (e.g. breastfeeding). Here are more details from Jason Grant at Law.com. And, here is a copy of the amended lawsuit. 

The timing of this lawsuit couldn't be worse for Avon.

Not only is it struggling for a turnaround in a changing global cosmetic marketplace.

This, of course, is the era when employment matters related to females are totally high profile.

#MeToo is just the tip of the iceberg. 

More a symbol of the changing values in the workplace is the risk top professional women have been taking in filing gender-bias lawsuits against their well-known employers. That kind of risk-taking is relatively new. But it is being embraced by more female players. 

For instance, brandname employment-discrimination lawyer David Sanford currently is representing, among others, female partners in law firms who contend gender-based bias. That ranges from compensation to promotability.

Sanford had been a pioneer in that, taking on GE in 2007. Unthinkable then, lawyer in the GE legal department - Lorene Schaefer - claimed gender discrimination.

That litigation, requesting $500 million in damages, sought class action status. Here are more details. GE settled before the complaint went to court.

More recently, Sanford's Sanford Heisler Sharp has been the law firm which achieved the settlement for Kerrie Campbell, who had been forced out of her law firm when she sued. Since then, she has launched her own boutique law firm and had been a guest speaker at Harvard Law School, discussing that experience.

Avon also has to anticipate a probable informal boycott. I have already steered clear of purchasing its whatever. Like most baby boomer female professionals, I put up with horrific gender bias, standard back then. Litigation wasn't considered an option by us "good girls." Instead, we would cry. 

Currently, more female professionals have been socialized to think like a lawyer. 

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

 

Southern Poverty Law Center - Questions of What Is a "Hate Group" and Should That Really Matter

In many circles, being actively against alleged hate groups puts you on the side of the angels. That's so much the situation that being known for that can be, well, profitable. 

In The Washington Post, David Montgomery reports that the Southern Poverty Law Center (SPLA), which lists 953 active hate groups, raised $132 million last year. That had been significantly more than the previous year.

SPLA started up in 1971 to support lawsuits associated with alleged racial bias. Legal advocacy remains a core mission. 

However, it also has made it its "business" to identify, disclose, and monitor hate groups. That certainly seems noble. 

But, as Montgomery explains, there is increased questioning of the criteria used to label an organization a hate group.

What was clear last night on "20/20" was that the ideology of groups against gays and Jews helped trigger the murder of Blaze Bernstein. Those kinds of groups should be outed and investigated. 

However, human experience surely shows that groups with strong opinions much of the rest of society disagrees with aren't necessarily hate groups.

The classic example could be the Roman Catholic Church which has long forbidden its members from using artificial means of contraception - and, of course, abortion. Many others disagreed and continue to disagree with that. However, despite its myriad flaws, the Roman Catholic Church is not a hate group. 

Needless to say, it hurts one's brand to be declared a hate group. Also, that can put the organization or the individual on the radar of law enforcement. In addition, labeling whatever as a hate group can dance on the edges or right into the heart of defamation. 

Given the influence of the WaPo analysis it might be good business sense for Richard Cohen, SPLA president, to back off vigilance of supposed hate groups and channel more resources, including staff attention, to legal advocacy. 

Extreme stances on issues can be just that: extreme. And that is the end of the story. Progress in so many aspects of civilization has been triggered by oddball views which were put out there with great intensity. In the 1960s, lawyer Ralph Nader was perceived as off for making consumer rights a matter of law - and branding.

The concept of hate groups might be reframed to be groups or individuals recommending violence as a method of self expression or reform.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

Respect in the Recruitment Process - Time for a Public Policy

Tone-deaf.

That's the best way to describe the recruitment policies of an established organization dealing with economic development.

I had applied for a contract position rewriting content. Quickly I received a response. I had been selected to create sample content. That would be paid. 

And that was the good part. 

Now for the bad part.

I was explicitly informed that several applicants, including myself, had been chosen to downsize a policy-heavy document. I assume that in addition to word reduction it should be made engaging. The one applicant whom, they judged, was the best writer would be contracted to work with them on a long-term basis. The rest would be throw-backs. 

Insulting?

That's what I thought.

The powers that be at that organization could have simply indicated there was a paid trial assignment. That would have made good business sense.

After I thought about all that and wound up not participating I recalled slaving in my pre-teen days in the contests to name Lassie's puppies. That had been a popular Sunday night series on network television.

Back then the contest was a useful exercise for children to understand the concept of competition. The adults in the family agreed with that and gladly provided the 2-cent stamps to mail the entries.

No, I never did win the prize: 1 of Lassie's puppies. But I salute the producers of "Lassie" for socializing children to the realities beyond the farm where Lassie lived. With my relatives who worked in sophisticated Manhattan I analyzed what my entries might have lacked. The reverse engineering came up with the need for me to be more creative in the choice of names but still remain within the box of warm and fuzzy dogville. 

Now, I am simply puzzled why a reputable organization would lack respect for communications talent. The more enlightened approach would be to simply position and package the competitive element as a necessary screening whatever.

Can those who create public policy make this happen? 

Takeaway: Don't continue with a process that treats professionals like children. 

Hope: Public policies will mandate gig workers be treated with respect. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com

 

Good News for M&A Lawyers

"The pace of mergers and acquisitions in the public relations and integrated marketing communications sector show little sign of slowing down, according to a survey just released by legal firm Davis & Gilbert." - Steve Barnes, Odwyerpr.com, November 8, 2018. Here is the article.

Obviously, this is good news for M&A lawyers. 

Of the firms surveyed, 92% indicated they had been approached in the past two years by an interested buyer. 

Three factors are driving sales. 

One is the prospect of making money from the sale.

A second is the sale as an exit strategy.

The third is clearing the way to make a bigger career in a larger firm.

To sellers, the most attractive kind of buyer was the large independent public relations firm.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

Legal Marketing - Maybe Skip Holiday Reflections for Sales Pitches

There is a school of thought which champions sustained reinforcement of a stock marketing message. The classic example of that had been Ford's slogan that quality was job #1. 

Then there is another line of marketing strategy which pushes continuous disruption. Every minute social media should be showcasing yet another insight about the product, service, good cause, or political candidate.

My experience favors frequent experimentation and always A/B testing.

It is interesting to take a look at Bob Dilenschneider's long-term formulaic leverage of multiple-purpose holiday greetings. For the last several years they have been published on Odwyerpr.com.

This thanksgiving the odds are that we can anticipate a message from Dilenschneider about what we Americans should be grateful for.

Likely the job  creation statistics will be cited. There will probably be no mention that more and more Americans recognize that they can no longer afford to live here.

Not only retirees on fixed incomes are becoming expats. The young and middle aged are researching where they can get jobs or start businesses overseas. 

Several of my clients have already relocated to Mexico. They spotted a cute cottage I can purchase and join them in a more affordable lifestyle. 

Dilenschneider founded the boutique public affairs firm The Dilenschneider Group, based in Manhattan and Chicago. Historically he has had brandname clients, ranging from GE to Lou Dobbs. In itself, a prestigious client list is a new-business-development magnet. That is especially the situation in professional services such as law. 

However, on Glassdoor, anonymous employee assessments give the agency a sustained 1 rating out of possible 5. One wonders if it matters to current clients or prospects what the "help" thinks.

After all, capitalism seems to be at a raw stage. Compared to now, the times Charles Dickens chronicled seem fairly tame. Currently, the Scrooge type doesn't seem to go in search of salvation.

Given the extreme stress involved in earning a living today, my hunch is that more of us want to left alone on holidays. All holidays.

We don't welcome being instructed on what we should be feeling or doing.

Recently, in fact, I took my cushion and fled a Buddhist meditation group filled with oughts. There seemed a replay of the ethos of absolutes which is embedded in Roman Catholicism. 

Reflection: This Thanksgiving I will be grateful for the usual: That I managed to outsmart the family suicide gene. Here I am alive, dancing on planet earth longer than any member of my extended family. In addition, I will be grateful to the businesses and non-profits which use my communications and coaching services. 

Attention is the currency of the 21^st century. Jane Genova helps you get it for products, services, points of view, causes, branding, careers after-50, and college admission.

In addition, this blog welcomes sponsored content.

Free consultation janegenova374@gmail.com

Professional Services Firms - The McKinsey Effect

Once a powerful brandname in management consulting, McKinsey is being attacked on many fronts. 

Its "sin" is that it some of the clients it has served have been involved in behavior ranging from murderous to illegal. 

The most recent example of that had been its research for the Mohammed bin Salman regime about its critics. That resulted in punishment.

McKinsey contends it has no control over what clients do with its  studies.

But, those questioning McKinsey currently push back with that it will work for any entity willing to pay its high fee. In essence, it's nothing but a mercenary. And, a very well-paid one.

 In the article in The New Yorker, Sheelah Kolhatkar provides details on other seemingly unsavory McKinsey assignments. The message of the analysis is that professional services firms such as McKinsey need to develop a moral compass. They cannot embrace the stance that there is no moral accountability associated with the "help" they render.

In essence, The New Yorker article argues that professional services is not a value-free zone.

Of course, lawyers also are part of the professional services niche. Yes, the strength of the legal system in the U.S. is that everyone has a right to a defense. But, increasingly those law firms which provide that defense are being examined for their own values.

When The Washington Post broke the story that Jones Day was representing the Make America Great campaign, many in the legal sector were appalled.

More recently, when The New Yorker documented that Boies Shiller's David Boies hired private investigators to dig up dirt on Harvey Weinstein's accusers there was also a collective revulsion. 

A sign of the questioning times is that Ted Olson, partner at Gibson, Dunn, backed off from lobbying for Saudi Arabia after the disappearance of journalist Jamal Khashoggi. 

If diverse constituencies continue to pressure professional services firms to go in search for a soul, the bad guys might lose out on having sophisticated paid help.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

Lawyers - Shame on You For Slaving for Those Top Grades

History does have some useful success lessons.

The founding fathers of America were rule-breakers.

That's why they were misfits in the old world. Because they had to put together a way to survive economically and have some kind of social life, they risked it all, boarded a boat, and came to the new land.

In an ironic book "The Hypomanic Edge" John D. Gartner documents the link between the little bit of craziness among the early settlers and big-time success. Yeah, on that oddball platform they created one of most powerful economies in the world.

Today, that model still plays out. It is the iconoclast types in the supposedly precedent-bound legal sector who thrive.

Example? They are the folks at plaintiff law firm Motley Rice who conjured up applying the traditional concept of public nuisance to product liability. Along the way, they undid former lead paint manufacturer/marketer Sherwin-Williams and white shoe law firm Jones Day. Also taking direct hits are the energy industry and pharma.

Yet, there are still folks like Conor P. Williams who grouse in The Guardian about not being able to afford to buy a home (aka The America Dream) despite being a rule-follower. 

Smirk smirk.

The cruel joke is on those who follow all the earnest guidelines which are embedded in the official system. Those are really the directions for barely making it in capitalism.

That's well documented in Eric Barker's new book "Barking Up the Wrong Tree." Its message is that most of what we have been told about success is off.

Take getting good grades. Barker updates the adage that the C students in college become the bosses of the A students. Millionaires and billionaires had an average GPA of about 2.9. 

"Barking Up the Wrong Tree" is 9,087 on Amazon (here it can be ordered) but the odds are that the front lines of the system will still preach the platitudes of top grades et al. Colleagues who are adjunct professors in Manhattan universities roll their eyes about how iGens are obsessed with A grades. 

Success comes from investing one's resources - time, energy, youth, money - in trying things out. Not slavishly conforming following the rules others have made. 

The trick, of course, is to manage to stay out of prison and the mental hospital while doing A/B testing. 

Too many of my clients have been former lawyers who didn't understand what rules they could break. After release from prison and losing their license they are having me reconfigure job search materials for them. 

In addition, it's possible to become undone in reimaging the elements of success.

Actually, and this is totally anecdotal, the earlier in life the emotional breakdown, the greater the probability for success.

Instead of hanging on so tight, those family members, former classmates, and co-workers I visited in psychiatric wards had tap danced on the edges of respectability. If only there was a way to learn to stay enough in the box to not lose the emotional footing. Eventually they did make it big. But, losing one's mind is extreme suffering. 

My regret is not thumbing my nose at the rules earlier in life.

When I was 14, the homeroom teacher in a high school based in the hood in Jersey City, New Jersey told me and the rest of the class (who could have wound up on death row or murdered) all about the rules we had to follow. At the top of the list were, of course, outstanding grades, dressing neatly, and being polite. 

At age 33, when I was down and out in a small town in Pennsylvania, I went rogue. Finally. That was by using a talent I didn't know I had - writing - to provoke. Along the way I made, lost, and re-made a ton of money. 

When iGens ask me for an unpaid internship for my communication businesses I tell them: Stop listening to the rules. Go find paid work doing whatever. You will become more marketable walking dogs or manning the fast food drive-in than proofreading content for me.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

SmallLaw/Solos - Weakening Housing Market Could Kill Off Important Entry-Level Service

For SmallLaw, real estate closings are among the entry-level services. It's analogous to buying a Chevy sedan at age 18. Eventually, that buyer will be tooling out of the dealership with a pickup.

Do a real estate closing for Joe and soon enough he'll be coming to that lawyer for other legal services. Also, he will tell those on his network about the law firm he used for the real estate purchase or sale.

So, those in SmallLaw and Solos should be concerned that real estate economic expert Robert Shiller is bearish on residential.

As many already know, there has been a downturn in the real estate market. Causes range from rising interest rates which make the mortgage unaffordable to stagnant wages which put purchasing a home out of reach.

Yes, Shiller sees the possibility of the kind of "crash" in real estate that occurred in 2008 when the subprime house bubble burst. Back then, housing prices declined by about a third.

The only good news Shiller has is that the situation won't be as severe as in 2008. However, it could be bad enough in its ripple effects, such as a slowdown in construction, to trigger a recession. Here are more details from MarketWatch.

The next recession could wipe out a significant number of lawyers in SmallLaw and those going solo. The financially strapped will make it their business to learn how to use digital services such as LegalZoom. Those who thrive will be in bankruptcy and debt collection. 

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

 

 

IBM Red Hat Acquisition - Cravath, Swaine & Moore Out of the Loop

The $33.4 billion acquisition which could change the cloud niche has reinforced that Scott Barshay is the star in the M&A niche. Currently with Paul, Weiss he is the lead legal counsel on IBM's purchase of open source cloud software company Red Hat.

Meanwhile his twinkle could be throwing shade on law firm Cravath, Swaine & Moore.

Cravath is not in the loop on this deal. That's despite the reality that Cravath has been a long-time legal guide to IBM, including its earlier M&A strategy and moves. Part of that partnership was Cravath's hiring one-time IBM in-house IP counsel David Kappos. Here are more details from Brian Baxter at Law.com.

Much of the business of law is based on an adversarial model. That's binary. You win or you lose.

In this situation, as far as we know, Paul, Weiss has won. Cravath has lost. The implications for Cravath branding could be profound. This also makes for grand theatre in the media.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.

 

Facebook - Why Brian Wieser Is Bearish (and not primarily because of legal actions being taken)

A lot of magical thinking about Facebook's future is still in-place, even among hard-nosed security analysts. And it gets the lion's share of media attention. 

But, one of the few bears is being heard. That's Brian Wieser with Pivotal Research Group. Here is Rob Price's coverage on BusinessInsider of Wieser's reasons for a sell stance for that social network. 

Wieser's expertise is advertising. And that's why he's negative about the future of Facebook. It was back in 2017 that he first issued his sell point of view.

Sure, Facebook has its legal troubles. For example, HUD is taking action against it for what ProPublica uncovered. And that was that its advertising tool allowed racial discrimination. 

But, those are not what will bring it down - or at least to a $131 stock price. Scandals come and scandals go. What investors are focused on is growth prospects. 

Global advertising, hammers Wieser, is finite. Given the competition from Google, Facebook just has so much more to grow. And it could bungle that badly because of mismanagement.

The folks at the top, assesses Wieser, don't have the knowledge or skills to operate that social network. Both Mark Zuckerberg and Sheryl Sandberg could be forced out. 

What will be interesting to observe is if more bears join Wieser. Overall, tech companies are under attack worldwide.

Litigation Communications

Making points of law, policy issues, and politics accessible and engaging for the public, media, investors, and more. Complimentary consultation. Please contact janegenova374@gmail.com.