Law And More

Pile-on for MyPillow's Mike Lindell - Twitter Joins in

It is well known that major retailers ranging from Macy's to Kohl's have stopped selling MyPillow.

Dominican Voting Systems might sue MyPillow's founder Mike Lindell.

Mike Lindell felt it necessary to hire media powerhouse lawyer Charles Harder to get an alleged romance story straight with Daily Mail.

Now, the AP tells us that Twitter has permanently banned Lindell. That is for repeated violations of its civic integrity policies. Since the attack on the Capitol, Twitter has suspended about 70,000 accounts. 

However, Lindell doesn't seem to be stepping back from his contentions that the 2020 presidential election was fraudulent. In fact, he seems to perceive himself operating from a position of strength. As the Star Tribune reports, Lindell is open to speculation that he could take on current Minnesota Governor Tim Walz in 2022. 

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Aging Lawyers - Thinking the Unthinkable, that is, Retirement (or simply stepping back)

"Many baby boomers—especially those at the top of their game—struggle with the decision to step down. And when they leave, the transition is often ‘painful and messy ...'" - Betsy Morris, The Wall Street Journal, January 24, 2021.  

The classic template for retirement is that established by Johnny Carson. He left at the top of his game. His final show celebrated what he had put in play. And that was that.

Later David Letterman modified that model. Essentially he put aside his personal brand as The Comic. But he still remains in the game. For instance, he did a bit on the 2020 Emmys and hosts on Netflix "My Next Guest Needs No Introduction."

However, most brandname aging professionals, such as lawyers, find retiring unthinkable. Even "stepping back" horrifies them.

There is lots to be said - and they know it - to exit or "step back" when the reputation is still intact. But, that entails so much loss. It entails everything from money to being in demand (the email box is full, plenty of texts ping, the phone clamors). The reality is that once the job per se is over so often also is the personal branding.

In capitalism, you are your official title. Retirement can mean becoming invisible. Thought leader Jeffrey A. Sonnenfeld detailed that tragedy in the book "The Hero's Farewell." It's painful to recall how one-time business giants Lee Iacocca and Jack Welch struggled to hang on after they retired from their chief executive officer positions. 

Those who opt to embrace some version of getting off the career track frequently make a mess of it. They often attempt to hang in, becoming a kind of public nuisance. One former law firm partner I coached came to me with the awareness that he was making a pest of himself spouting off plans to create a class-action law firm. The pain of that humiliation set him off abusing alcohol. His first step back to finding post-career work with a purpose was climbing out of his comfort zone. Here is my book, a free read, on that process. 

On the other hand, if lawyers dig in their heels and conjure up strategies and tactics to remain just where they are on their career paths they also risk humiliation. They may experience cognitive decline and it shows. Ambitious younger lawyers could be launching stealth attacks, including on the reputational front. There are smirks in the background. The good assignments might not be coming to them. The power brokers could be forcing them out. Initially it begins with a pay cut. 

There are no absolute answers about when to let the big job go. Those who are equally in-tune with how the marketplace perceives them and where they are in their own overall abilities can do an audit. What can they continue to contribute to their organization and simultaneously prevent what could trigger downward trajectories? Of course, that assessment is an encounter with raw reality.

Capitalism is a harsh task-master, usually unforgiving. In addition, there are the usual monsters of the mind which undermine rational thinking. That inner chatter can and usually does have professionals in vulnerable situations shoot themselves in the foot. 

What makes the coming-to-jesus moment of clarity less traumatic is to get serious about creating a post-career plan. Yes, the big career ends. But work doesn't. That plan has a better shot at playing out well if there is no visible decline in performance or reputation before stepping back. 

The next kind of work can produce a fresh type of success. Lawyers who let go of what they had could discover the unleashing of talents which makes them authentic late bloomers. There really is such a phenomenon. University of Chicago researcher David W. Galeson documented how talent might find its way of manifesting itself when youth is over. His seminal book is "Old Masters and Young Geniuses."

Also, the Future of Work is an unknown. Lawyers who step back may be surprised what they step into. The world they left behind back there may vanish. 

The Future is already underway. Ghostwriting/Marketing Communications and coaching on those issues. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

Mike Lindell - Peril of CEO as Corporate Brand (think also about Boies Schiller)

Costco, reports USA Today, is still selling MyPillow.

However, other retailers have halted sales. They include Kohl's. Bed Bath & Beyond, Wayfair, H-E-B and Macy's.

BusinessInsider warns that the MyPillow success Mike Lindell built could come crashing down. That's because of Lindell's support of the narrative that the 2020 election was fraudulent. 

Again, this is a blatant case of the vulnerability of the business in which the chief executive office is the brand.

Sure, that can work well. The classic example had been that Steve Jobs had been Apple. Before that, Lee Iacocca had been Chrysler. 

On the other hand, if the top person who is the brand stumbles or worse, then the whole entity could loop into a downward trajectory.

Of course, law firm Boies Schiller has other problems in addition to the scandals sticking to its co-founder David Boies. However, the firm can't seem to escape the cloud hanging over it because of how David Boies represented Harvey Weinstein and that he was both on the board of Theranos and represented its founder Elizabeth Holmes. Last year about 60 partners and 44 associates left. 11 summers turned down job offers. 

Before becoming such a high-profile loyalist for U.S. President Donald Trump, Lindell should have assessed how such a controversial stance would affect his brand. If he did and still went ahead, he had to know that he put the jobs of the more than 1,500 MyPillow employees at risk. 

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Belief, Despite Evidence - What Good Lawyers, QAnon and Alcoholics Anonymous Can Pull Off

In the Daily Beast, Candida Moss warns not to assume that QAnon is over. Likely, it will not only persist. It could strengthen as a movement. Or, it could be replaced by a similar kind of organization advocating an alternate reality. 

Sure, some of its major conspiracy theories have gone kaput. But the need to believe intensely in a whatever - despite the lack of evidence - dates back to the time of Nero. After he offed himself, for centuries there was the belief he would return. As of yet, that hasn't happened. 

Good lawyers have become prominent creating a belief system that casts reasonable doubt on what the evidence might indicate. That seems to be issue hovering over "Hulk Hogan v. Gawker."

Media lawyer Charles Harder convinced the conservative jury in Florida (whose members might have taken a dislike to the slick New Yorker defendants) that Nick Denton et al. had done the famous wrestler wrong. Those jurors delivered one of those nuclear verdicts - $140 million. Eventually Gawker had to file for bankruptcy.

The same phenomenon dominates the recovery program courts still give miscreants the option of attending - rather than going to jail. That's Alcoholics Anonymous. And that's despite that its success rate is low - 8% to 12%.

Way back in 2015, Gabrielle Glaser published in The Atlantic a well-documented criticism of AA. Unfortunately, the courts seem to ignore all that evidence. The belief is in AA. 

In addition, the kneejerk response continues to be that when lawyers are struggling with alcohol abuse the well-meaning strongly recommend they attend AA meetings. If they are persuaded to enter an inpatient 28-day rehab program, the odds are that the modality will be based on AA's 12 steps. 

It wouldn't be a surprise if an even more radical than QAnon belief system emerges. Exotic attracts. And there seems to be a human need to hang one's hat on some abstraction. 

Such a development will, of course, impede the current Administration's mission of unification. 

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Legal Marketers & Your Search for Job/Assignments - Selling Yourself W/O Selling

"I will never forget the remark of a salesman ... 'Sir, I am not trying to sell you something. I am trying to find out exactly what you need.'" Paramhansa Yogandanda, "How To Be Happy All The Time," Crystal Clarity Publishers, 2006. (The author (1893 - 1952) is a yoga from India who shared his wisdom in America.) 

The high-producers among salespeople are those who had learned early in their careers that sales is not about selling. Instead, it's the complex process of identifying what prospects actually need and how to provide that. No one welcomes "being sold to." Because prospects detest that they will often push back. That will be by not buying from you. Or by not hiring you. A search for work is a form of sales call. 

That same mindset of a professional salesforce for pinpointing needs is how you can approach your own search for a job or work assignment. 

Yes, you have to struggle to figure out what actually it is those hiring need. Next, you describe why you're the best one to fill that need and how you could do that. You describe all that in your resumes, cover letters and interviews.

For instance, on the internet you spot a help-wanted. It's posted by law firm. The job description indicated the leadership wants to hire a social media specialist to increase traffic on the website and several networks. 

In that case, it's easy to read between the lines. What that leadership needs is more clients. Therefore, what you provide in all your marketing materials is why you are the best one to increase responses to Calls to Action and how you will achieve that through social media. No, your marketing materials won't simply list credentials. Instead, they will provide a story about the solution those hiring need and the key "moving parts" in how that solution will be accomplished.  

To understand the labor market in more depth, a useful read is "What Color Is Your Parachute?" There is a new edition every year. That is, it's always up-to-date.

After reading that career guide in the late 1970s, I was able to pivot from non-profit to profit. My compensation more than doubled. Also, I had access to amazing training opportunities.

The Future is already underway. Ghostwriting/Marketing Communications and coaching on those issues. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

Anna Sorokin aka Anna Devey, Prison Blogger, Has Promising Future - Deep Understanding of America's Success Ethos

Some people just got an instinct for success. 

Obviously, make-believe heiress Anna Sorokin aka Anna Devey is among them.

Sure, she wound up in prison for her attempted con of securing a multi-million-dollar loan and actually living the good life without paying the bill.

But in October she obtained parole and could be released next month. That will dovetail with the release of a Netflix film about her amazing life. For that she had been paid about one-hundred-thousand bucks. However, the law mandates the funds circle back to the victims she hoodwinked.

In the process of the Netflix undertaking, of course, she has strengthened her brandname. America, founded by a bunch of misfits who couldn't cut it in the old country, loves its outliers.

Her touch, this time on the legal side, will remain magic. The American Way is supposedly boyscoutish/girlscoutish. But the reality is that most who who made it big knew their way around the official rules. Those who stayed big did that within the parameters of the U.S. legal system - sometimes with the help of prominent lawyers.

Likely Sorokin has learned much about all that in a short time. Also, she has acquired the resources to operate within the system. Although born outside the United States, Sorokin had a deep understanding of its complex success ethos.

Of course, in prison she was no slouch when it came to creating a platform for her future. She launched a personal blog, reports Daily Mail. It's called "Anna Devey Diaries." That name, in itself, has become a powerful kind of trademark.  In it, she complains about the lack of luxury items such as gourmet salad dressing. Likely, when on the outside, she will start a podcast. Here is my article, published in Odwyerpr.com, on how that medium is doing in 2021 and how to make yours noticed.

It's not unthinkable that Sorokin could be invited to deliver a Ted Talk on making it big in America. 

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Social Networks - Future in Play

"Apple Inc. and Amazon.com Inc. halted support for Parler, dealing a major blow to a social-media service that has soared in popularity among conservatives and escalating a campaign by tech giants to regulate content they see as dangerous in the wake of the mob attack on the U.S. Capitol." - The Wall Street Journal, January 9, 2021.

Now, it's Parler. Admittedly, that far-right social network has been perceived to be platform for accelerating polarization (and perhaps justification for violence) in America. However, these moves by BigTech also send a powerful message: The future of social networks is in play.

The implications are huge. For example, will business continue to increase its investment in digital marketing? Will cause-oriented groups remain as effective on social networks? And will Everyman and Everywoman feel the compulsion to "have to" participate in social networks as part of their personal branding? Visualize a new era without likes, shares, retweets, sends and comments.

Twitter and Facebook reined in U.S. President Donald Trump. The elephant in the room on that one is: Who's next.

Meanwhile, influentials the Duke and Duchess of Sussex, Prince Harry and Meghan Markle, had quit social networks. That's both for personal and professional uses. About the latter, they will no longer promote their Foundation via social media. They cite hate messaging.

Poof. Could the time of social networks go, just as it had come? The whole niche of promotion, including advertising, could be disrupted. Brands would have to reimagine how to put themselves out there.

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Nick Gravante: Building Cadwalader into Commercial Litigation Powerhouse

It was on January 1, 2021, Nick Gravante become head of commercial litigation at Cadwalader. He had migrated there from his position as co-managing partner at Boies Schiller. 

Now, in an interview with Bloomberg Law, Gravante shares his plans to build Cadwalader into a big-ticket litigation firm. One of its special areas of expertise is the financial industry.

The manpower infrastructure is already at Cadwalader for Gravante. He is circling back with colleagues from Boies Schiller with whom he had previously worked on commercial litigation.

He also knows the ins and outs of Cadwalader. In the past he had been involved in the discussions between Boies Schiller and that firm about a possible merger. It had been rumored that one reason the combination didn't happen was that Boies Schiller wanted to hold on to its prominent branding in litigation. There was the sense that joining with Cadwalader could erode that.

Of course, what's obvious here is that Gravante is positioning and packaging his new law firm to compete with his former one. That will be an interesting story to follow. 

Boies Schiller had lost about 60 partners in 2020. There had been gossip about a possible cash flow problem. In addition was even speculation of the firm's collapse.

In the court of public opinion, Boies Schiller then sent a message of strength. It awarded large bonuses. Those were even to associates who hadn't yet joined the firm. It also created a new leadership/management structure. How the firm is actually doing remains a matter of speculation. This threat is new and the media outlets are likely to run with it.

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Trendspotting for Legal (including tone) - Bypass Establishment Media, Go Directly to LinkedIn Updates

It is already well-known that lawyers in all settings are embedded on LinkedIn Updates. They not only post. They have become prolific in liking and commenting. Yes, LinkedIn Updates has evolved into prime real estate for marketing and networking.

What is less well-known is that LinkedIn Updates has also become a source for trendspotting. The subject matter ranges from soft skills (including the tone of communications) to what technology has become a must in law firms. That is so much the case that lawyers needing to "keep up" in their fields can likely stop scanning establishment media for what's happening in the present and what seems likely in the future. 

For example, some prominent legal voices on LinkedIn Updates such as Colin Levy call for simplification of the language of legal actions. That issue isn't new. But it is gaining traction because of the power of the platform.

Yes, in just about every profession, it's the place you have to be.

You bet, in the fast-changing world of financial services, financial planners have become highly visible.

As executive coaches replace psychotherapists and even Buddhist monks for guidance, they flocked to LinkedIn Updates on New Year's Eve and New Year's Day with plenty of observations and recommendations.

Public relations players share their philanthropic activities. Yes, that's doing well by doing good.

Lawyers who are determined to hold onto their jobs and perhaps move on to better ones have to be active on LinkedIn Updates. That is especially the situation for those employed in law firms and who should be learning to develop new business. High quality performance on a task is no longer enough. That is, the old nose-to-the-grindstone is nothing but a defensive position. LinkedIn Updates puts associates on the offense.

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Changing Administrations, In-house Budget Cuts - Displaced Older Lawyers Pivot Away from 5 Self-Defeating Defaults

Of course, with the Administrations changing and the budget cuts coming in corporate legal departments, older, well-compensated lawyers could lose their employment. 

Also, age bias in professional life is real.

Primarily because of it, documents builtin.com, by your mid to late 60s, 90% of you will stop working. That's despite the reality that most of you do not have adequate financial resources to see you through your 70s, 80s and beyond without bringing in more income from work. 

But, that's not the whole story.

The other part is how too many of you are shooting yourself in the foot when it comes to searching for work, pushing for a promotion, moving on to better work, starting a business and/or growing a business. 

In my coaching those over-50, I have observed five specific ways in which you are stuck in self-defeating patterns when it comes to work. 

Gluing the aging stigma onto you. You buy in. No need to. You know your value as a member of the labor market. In addition, that mindset hardens into self-hate.

Pivot from apologizing for "being old" to talking the language of results. Explicitly let employers and clients/customers know what you can do for them better, faster and more affordably than your competition. 

Sure, there will be lots of rejection. Just move on. Remember how much rejection there also had been when you were just starting out in the labor market. Also, when you aimed for promotions or to expand your business ventures. 

Feeling compelled to explain (usually with too much detail) how things used to be done. You may be assuming such a description showcases your deep knowledge of the industry. Instead, though, it can brand you as stuck in yesterday. Those in power probably conclude you might not be flexible enough to catapult into all the changes going in that work setting. Embrace as your new mantra: The past likely has become irrelevant. 

Still chasing status. Work has to become a matter of income. Not career paths and especially not prestigious ones. That's not only a situation with the over-50. Increasingly, predicts Wallis Towers Watson, careers are being replaced by what you put together as a portfolio of skills and experiences. The path probably won't be linear.

Members of all generations are finding that, to continue to bring in income, they have to start over, again and again. Their industry might have gone kaput. Their skills are no longer marketable. The region they're living in is losing jobs to other regions. That re-start likely lacks status. It may pay less. But, as the old adage goes: Nothing gets you work like work. Working is more productive than not working. Also, when not working skills atrophy.

Here, a free read, is the bible for the over-50 on landing, holding and moving on to better work Download Outwitting ageism.

Allowing yourself to be overwhelmed by technology. The reality is that you only have to know the technologies associated with your work or those which will soon enough be part of your work. You don't have to know everything. And, your objective in learning is not to become a whizz in tech per se. 

Technology is a tool. It's your responsibility to have all the tools you need or might need in your tool box. No employer or client/customer is requiring you to have the expertise or even the perspective of an insider in the tech industry. 

Never learning the art of self-compassion. The burden of your past setbacks, errors of judgments and actual crashes is what you continue to carry around. You are not alone in looping into the negative, without the ability to understand and forgive yourself. That's exactly why the emerging meme is self-compassion.

Capitalism is a brutal economic system. You can't expect others to nudge you on the path of accepting the past and your own role in what didn't pan or went very wrong.

That's an inside job. How to learn the fundamentals of self-compassion?

There are religions which teach those. Shop around for a religious organization which is a good fit for you. 

Also, meditation can clear the channel in the mind. You can learn that exercise free on the Internet. For example, here is American Buddhist nun Pema Chodron on YouTube guiding you how to calm the turmoil of the mind. In one school of Buddhist thought, the mantra is: Clear thinking, don't know. That helps you from assuming you should have been infallible in your past decisions.

There are free 12-step programs such as Emotions Anonymous.

If you have good medical insurance, your co-pay for psychotherapy can be low. 

Or, you can start your own support group for acquiring the art of self-compassion. You may be surprised that youth will want to join. 

If you can find your way out of these five self-defeating behaviors, aging can be a gift. You can enjoy working without being excessively driven. Also, you have the wisdom to know when to stay and when to leave. That gives you the edge in the entire process of earning income from work - as an employee, gig player or business owner.

You may even become a late bloomer. University of Chicago researcher David W. Galenson documented there is such an entity. The book he published on that phenomenon is "Old Masters and Young Geniuses."

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