Law And More

"The Hero's Farewell" - From Jack Welch to David Lat

Power is heady.

The misfit Puritans made business one of the most powerful institutions in the new land. Actually it became the nation's shadow religion.

The economy they put together from scratch become the world's top dog. 

So, from the get-go, the leaders in business - often called "chief executive officers" - found it difficult to let go of that power when the job ended.

They still do.

Aging media tycoon Rupert Murdoch and investment genius Warren Buffett are not putting out there any signs of leaving.

Also, former head of legal media site Abovethelaw - David Lat - still has at least one foot in that sandbox. Maybe more.

Lat is now an employee at legal executive search firm Lateral Link.  The title is "managing director" but that's not being the number-one any more. 

The transition from number-one to an employee, by its very nature, represents a tricky crossroads.  Here is my analysis of some of that. 

"The Hero's Farewell, by management expert Jeffrey Sonnenfeld, captures that struggle. If former leaders don't navigate the shift just right, the implications are grim.

Their overall career could blow up.

More to the point, the business could flounder.

One has to wonder if Jack Welch had inflicted that darkness on himself and GE. He seemed to be unable to let go. GE has been in severe distress. The legacy of both is in play.

Constituencies with interests invested in those businesses in which the number-one departs might create a five-year rule.

That is, even though the former leaders might own stock (and a lot of it) they are banned from all official input for 60 months.

That includes no seat on the board.

Speaking to the media about the company is forbidden.

And, no organizing a stockholder movement to regain power.

As the platitude screams: We live in interesting times. How former business leaders manage their farewell is at the top of the list of fascinations. 

Full Disclosure: Recently I had a negative experience with Lateral Link.

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

Bayer & Roundup - Will It Settle?

To many constituencies, ranging from management experts to investors, the leadership at Bayer seems like a Ship of Fools. Meanwhile the stock has been on a sustained downward trajectory. 

Here are more details from The Wall Street Journal.

Less than a year ago Bayer purchased Monsanto, maker of Roundup. Not soon after, in a U.S. courtroom, Roundup was associated with a death from cancer. The verdict, which was reduced, had been $289 million.

More recently there had been a jury verdict of more than $2 billion. There remains 13,400 total plaintiffs. In terms of the stock, Bayer currently is worth less than the $63 billion it had paid for Monsanto. 

The question, as the WSJ, points out is: Will Bayer settle?

Essentially, Bayer is waiting to see how the appeals go - yes, it is appealing all verdicts - in order to get a clear picture of the legalities.

Also, a win could significantly affect its perception of where it stands legally.

There is also the reality that around the world, regulatory agencies find the active ingredient in Roundup - glyphosate - safe. That includes the EPA in the U.S. 

In addition, investors want to have put on the board those who understand U.S. litigation and crop science. 

Also, the elephant in the room is that Roundup is still being sold. There are commercials for it on U.S. network television.

For now, leaders of the company will probably keep their jobs. That's primarily because the financial and branding situation is so severe that it would be more risky to have a management shakeup than just cruise along.

The Bayer perfect storm, to use the cliche, is one which would make a fascinating case study for U.S. public relations crisis experts. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

The Robert H. Strausses - So Much for Myth That Only Loser Types Are Targeted for Sexual Abuse

"Per a yearlong investigation conducted by Perkins Coie law firm, between the 1970s and 1990s, Ohio State doctor Richard H. Strauss targeted at least 177 male students ..." - Amanda Arnold, Crime Section of New York Magazine, May 17, 2019. Here is the article.

By now there have been many many Robert H. Strauss sagas of long-term sexual abuse of diverse kinds of victims. For instance, one recent investigation of the Boy Scouts of America found 12,254 cases of sexual abuse of members from 1944 through 2016. Here is that report from Fortune.

Obviously, what has to be blown up is the myth that only loser types become targets for sexual assault.

The reality is that in certain times in our lives or in certain contexts, we all could be vulnerable. 

The college kids probably just wanted to get through and get their degrees. They knew they needed the BA or BS. Because they were locked in the system, of course, they were targets. And most likely equal opportunity ones.

In the setting of an organization that society told you was wholesome, there is enormous vulnerability. Those boys didn't have to come from "broken homes" or be emotionally retarded to be preyed upon. They just had to be there, trusting.

Therefore, what's got to stop is saddling sexual-misconduct victims with some variation of the loser identification. 

Ronan Farrow's detailed exposes in The New Yorker of alleged sexual abuse by Harvey Weinstein and Les Moonves present myriad well-put together females who somehow got into the loop. Their vulnerability seems to be simply that they were in a glam industry. No surprise, those with powers would consider them prey.

Now we know that sexual abuse is widespread. 

It's been around a long time.

And it will remain a fixture in all parts of life until communities, organizations, and the legal system figure out how to deter it. That includes what goes on in families. By their very littleness, all children are vulnerable. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

Former WWE Perfomer Ashley Massaro, 39, Reported to Have Committed Suicide

Can a failed lawsuit "kill?"

Maybe.

All too often litigation becomes an obsession. When the legal system dismisses it those who had filed it could tumble into emotional despair and/or rage.

For former WWE performer Ashley Massaro the response might have been hopelessness.

In November 2016, she had participated in a class action lawsuit against WWE.

It contended WWE did not warn its performers about possible head injuries which could result in concussions. In addition, Massaro claimed she had been sexually assaulted when engaging in a WWE event.

The lawsuit had been dismissed.

Allegedly as a result of her injuries she suffered clinical depression and addiction to pain killers.

Now, it is reported that her death had been a suicide, at age 39, had been a suicide. Here is coverage by the media.

WWE has long been controversial. This death might prompt politicos to authorize a comprehensive investigation of the health and well-being of the performers.

There are those, however, who claim that the performers should be aware of the risks they take when entertaining. As with football, this sport may just continue on, as is. It's big business.

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

Tony Robbins - Will BuzzFeed Investigation Do to Him What The New Yorker Ones Did to Harvey Weinstein, Les Moonves?

Law firm for celebrities Lavely & Singer denies it all. Among its clients is Bill Cosby. 

The "it" is the allegation of inappropriate behavior by mega guru Tony Robbins. That ranges from alleged verbal abuse of audience members to sexual misconduct with employees.

But BuzzFeed stands by its findings of an investigation which included leaked recordings, internal documents, and interviews. The focus of all that has been the alleged secret conduct of self-help coach Robbins.

Unlike mental health professionals, coaches in that niche do not require licensing. And Robbins' empire is closely guarded from media. His coaching presentations aren't allowed to be recorded.  Here is that BuzzFeed expose. 

Immediately one wonders if the BuzzFeed investigation will derail the career of Robbins, just like The New Yorker ones by Ronan Farrow did the professional life of Harry Weinstein and Les Moonves. Here is one of Farrow's articles on Weinstein, dated October 2017.

In addition, will these accusations prompt the push to license all those who declare themselves "coaches?" In some sophisticated circles, life coaches have replaced psychotherapists. 

The accusations are, well, colorful. Allegedly Robbins had his followers, as a tutorial, simulate sexual release. He berated those who claimed they were victims of rape. It was contended he would have his employees take notes in his apartment while he was naked, as in exiting the shower. Five women have made those kinds of sexual harassment claims. 

If these allegations can be proven or if Robbins caves and admits them, that would be no surprise. Power can unhinge judgment. Those with it might assume they can "get away" with unethical and illegal actions. They figure the victims will be too frightened to snitch. 

This story certainly has legs. The immediate issue is: Will it deliver a blow right now to Robbins' business interests? The #MeToo movement still has momentum. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

"Jane Smith, et al. v. United Healthcare and United Behavioral Health" - America No Land for Mental Illness/Addiction

Patrick Kennedy, son of Ted Kennedy, was the champion on this one: He helped push into law the Mental Health Parity and Addiction Equity Act.

Supposedly that was to create a level playing field in how healthcare insurers covered mental illness and sundry compulsions, including drug-taking. 

As Bloomberg reports in a major article, that's not what has been unfolding.

Over the phone and in the legal system there is a brutal battle to receive treatment which is paid in full or in part by insurance.

A recent high profile lawsuit has been the class action "Jane Smith v. United Healthcare Insurance Co. and United Behavioral Health." Here is a copy of the complaint. So far it's been a victory for the plaintiff class but few expect that decision to endure. A decertification of the class is anticipated on appeal. 

In that litigation, reports Modern Healthcare:

"A federal judge ruled ... that United Behavioral Health breached its fiduciary duty to patients by using unreasonable and overly restrictive guidelines to make coverage decisions for tens of thousands of mental health and substance abuse patients."

Meanwhile, as Bloomberg hammers, America is in a mental health and addiction crisis. All too frequently that ends in suicide. To that we can add: Violence in schools, the workplace, and churches.

Yet, the elephant in the room is the question: What is effective treatment for mental illness and abuse of substances, be it booze or food (or the lack of food as in anorexia)?

So little is still known about that. Among the families of those with those syndromes there are familiar stories of the young adult having 30-day (expensive) stays in multiple rehab facilities - and continually relapsing. Death is not uncommon. That can happen through what appears to be an "accidental" overdose or suicide. 

Also, there is the issue of transparency. As I explain in this article, both insurers and clients must demand more detailed information about the mindset of the healthcare professional, what clinical approaches are being used, why, the expected outcomes, progress so far, and what alternatives are being considered. 

The insurers are not necessarily the bad guys.

Perhaps the real villain is the lack of useful research on what works and what doesn't. Obviously, not much is working.

That even applies to the "free" mode of treatment - Alcoholics Anonymous (AA). Too often it is the model for treatment in rehab centers. Stays at those rehabs can be billed at a thousand bucks a day. In a very real sense we are all paying for that.

Also, courts continue to "sentence" substance abusers to AA.

However, AA's success rate, according to addiction specialists, ranges between 8% and 12%. Now classic is the 2105 The Atlantic article analyzing the poor track record of AA. Here is that manifesto. 

Sure, let the court cases continue. Legal rulings have been a game-changer in America.

But perhaps what might be the most productive move would be to conduct a multi-disciplinary investigation (including hard-nosed business types) of what is going on in understanding, treating, and paying the bill for mental illness and substance abuse. 

Until answers are found families will be in turmoil, careers will be derailed, violence will occur, and lots of folks will die. That's just the way it is. But that's not the way it has to be. 

Full Disclosure: From age 11 I have suffered chronic clinical depression. You bet, along the way I received pricey but what I assess as unhelpful treatment. What has been effective is no-cost mindfulness. When my mood is darkening, I stop my day and meditate for two or three minutes. I was trained in mindfulness, without any fee, at the Zen Center, near Yale, in New Haven, Connecticut. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

Alcoholics Anonymous Meetings - Code in Television for Depicting Character as "Troubled"

It's a lazy producer's standard trick: Panning the camera on Alcoholics Anonymous (AA) meetings to signal that character X or Y is troubled. 

Tonight the camera doing the AA meeting panning was on "Chicago P.D."

That's how the episode kicked off. A member of the elite unit was in attendance. A woman's voice was discussing the Fourth Step, that is taking a fearless inventories of one's wrongs. Also articulated was the AA meme that members are as sick as their secrets.

Launched in the 1930s, AA has become the universal symbol for the struggle of dealing with problem drinking. Opioids are getting much media attention. However, as CNN reports, one out of eight people abuse alcohol.

Leveraging AA as a quick way of referring to all the ramifications of excessive drinking has gone on and on. That is despite the pile on of critical articles about the overall ineffectiveness of the approach. The most influential analysis of what is out of date with the AA assumptions and treatment plan had been published in The Atlantic. Here it is.

Among what's wrong with the AA way of recovery is that it is time-consuming. Those new in recovery are advised to attend 90 meetings in 90 days. In addition, it is also recommended they confer regularly with an AA sponsor. They are also encouraged to do service work. 

However, the success rate is low.  Severe critics put it at a mere 5%. Addiction specialists estimate it to be between 8% and 12%. That is still low.

Since the 1930s, science has come a long way in understanding the brain. Addiction experts have also created alternates to the standard provided by AA. 

However, pop culture is stuck in the past. So are many courts which still "sentence" DUIs to AA meetings. They have to get papers signed by the AA facilitator to document attendance.

It would be a public service if producers begin showcasing other kinds of recovery models.

In addition, those on the front lines of reforming sentencing might establish a committee to operate a pilot study comparing different types of recovery options which will be provided by courts. Addiction experts could loop in and explain the pros and cons of the choices to the defendant. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

Following Example of President Macron, Should US Pilot Shutting Down Harvard Law School?

In France, populist protesting has taken the form of the yellow-vests. 

As a disruptive solution to reducing inequality, reports The Wall Street Journal:

"  ... President Emmanuel Macron wants to shut his alma mater, the Ecole Nationale d'Administration, or ENA, an institution that has become a symbol of France's close-knit elite and persistent class divide."

Way back in 1945, when the school had been founded, this wasn't the way it was. Its mission actually was to level the playing field for all in France who wanted to gain access to respected career paths.

Then, ENA hardened into a feeder pool for the privileged to land top jobs. With that went the continuation of their elite positioning and packaging in French society.

That radical strategy could send the right message throughout France: Government leadership is serious about restoring equality of opportunity.

Why not pilot that model here in the U.S. where there is the growing divide between those with wealth and the 55% who live paycheck to paycheck. 

That could start with Harvard.

Harvard was launched by the Puritans in 1636. The need was pragmatic. They had to train ministers and teachers for their life in the new world.

But then the branding game overwhelmed everything else.

The experiment can kick off slowly: Declare a moratorium on parts of Harvard University, such as Harvard Law School for X number of years. Then analyze the impacts on creating a land of equal opportunity. Go on from there.

Full Disclosure: From an immigrant background I strove to be admitted to Harvard. I was. It took years to sort out that shouldn't have been a goal.

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

Ian Samuel - Lost, Yes, But Time Will Tell If He Will Be "Found"

One of the most direct paths to becoming lost in life is to experience early success.

That might be how Ian Samuel wound up resigning from his associate professor position at Indiana Law School. That followed a Title IX misconduct investigation. Here are more details from Tony Mauro at Law.com.

Samuel, still now a young man, had been a clerk to the late U.S. Supreme Court justice Antonin Scalia.

He was an associate at the elite law firm Jones Day.

He had lectured at Harvard Law School.

And he was part of the successful initiative to convince law firms not to impose mandatory arbitration agreements on summer associates.

That was then.

Following the Title IX investigation he decided not to push to hold on to his teaching job at Indiana Law School.

He made the public statement that he had engaged in antisocial conduct such as excessive drinking in public places and not treating people right. In fact, he sums up where he wound up as "an ugly man."

Critics of his mea culpa observe that the tone and content are narcissistic. There doesn't seem to be any emotional or spiritual connection to the possible harm done others. 

So, only time will tell if Samuel can evolve into "Found." 

There are many examples of former miscreants who were able to get right with their humanity.

Labeled the "Evil Genius" of the Richard Nixon White House, lawyer Chuck Colson had a jailhouse conversion. After his release he ministered to the spiritual needs of ex-cons. Obituaries in establishment media positioned and packaged him as a kind of saint. 

In the "New Testament," Saul used to persecute Christians. Then he had a psychic shift and became Paul, in the front lines of preaching the teachings of Jesus Christ. 

On the other hand, there are those who seem incapable and/or unwilling to explore a less toxic existence. There is no need to list names.

I had dedicated my 2009 dark comedy - the novel "The Fat Guy From Greenwich" - to all those who wound up in Lost and Found.

It resonated.

For a while it was #60 on Amazon.

I let it go out of print when I no longer needed that mirror. In 2014, I took the I-95 ramp out of the careerist Gold Coast of Connecticut and went in search of a different path. The jury is still out if I have found it.

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.

 

Florida - Paradise Lost for 58% of Newbie Lawyers

"Citing crushing student debt, punishing hours and 'toxic' work environments, more than half - 58 percent - of beginning Florida lawyers believe their careers are becoming less desirable, according to the latest Young Lawyers Division study." In "YLD Study Tracks The Concerns Of Florida's Young Lawyers," in Florida Bar, April 30, 2019. Here is the article.

One might have expected this kind of rapid disenchantment in the pressure-cooker Northeast legal world. But, not in the sunshine state.

For newbie lawyers, Florida is turning out to be Paradise Lost. According to that same survey, 41 percent are considering a career change or had considered it. 

YLD president Christian George says this means at least one thing: The Florida bar is on the right track in focusing on health and wellness as a major priority.

Of those surveyed, 39 percent noted that they had experienced stress symptoms ranging from panic attacks to flashbacks. 

Those who feel they have a handle on the stress attribute that to one or more of the following:

Therapy

Giving service

Yoga

Exercise

Meditation

Journaling

Twelve step programs

Religion.

However, the young lawyers in Florida are hardly alone in being overwhelmed emotionally and physically by the work they do.

Stanford Graduate Business School professor Jeffrey Pfeffer documented that this is a global phenomenon.

His book "Dying for a Paycheck" provides details of how those in all kinds of jobs, from leadership to lower rankings on the food chain, suffer intensely.

That can literally kill. Either the worker dies of something related to the stress/long hours or commits suicide. Here the book can be ordered from Amazon.

Given the pervasiveness of the negative impacts of work worldwide one wonders if employers are truly sincere when they introduce health and wellness initiatives. Or, are they simultaneously sending a message that the work must still get done on time and on budget, no matter how all that is pushing human beings beyond their ability to cope.

Activists in myriad nations are reviewing the fundamentals of capitalism. Harvard Business School has an elective - Reimagining Capitalism. 

Exactly the right tone and content for all your communications. Complimentary consultation janegenova374@gmail.com.