Law And More

The Former Lawyers in the U.S. Senate Should Have Known Better

The ABC Evening News with David Muir dominates the category.

That's because those behind and in front the camera know how to conjure up drama.  Yes, all the world's a stage. 

Those in the U.S. Senate lack that theatrical know-how. Yet, as the New York Post reports, the Senators are baffled that the Senate spectator gallery is half empty.

Their back offices, which should be filled with public relations types, can't put together what should have been the Greatest Show on Earth for 2020.

That is weird since many of the Senators have a lawyering background. Lawyers are socialized to put on show, be it in the courtroom or across the negotiation table.

 Here are 4 tips to reverse this failure to engage.

Create mystery. Everyone anticipates an acquittal. To derail that mindset senators should posture voting for conviction. A wonderful side benefit of that is that they will receive lots of coverage in the media. The media is the most powerful institution in the world. 

Stop being so repetitive. The American people feel reduced to being a child whose adults in the loop continue to nag about the same things. Even in search engine optimization (SEO), Google is punishing posters who get stuck in one message phrased in an infinite number of ways. 

Raise the Emotional Intelligence (EI) double-digit points. The ugliness of extreme polarization is turning people off. Ranging from Dale Carnegie to Dan Goleman, those smart about how to win friends and influence people hammer the importance of being tolerant, respectful, and willing to listen. Actually that dates back to St. Francis of Assissi who preached the value of struggling to understand rather than being understood. Here is his iconic prayer. 

Render public service back home. The impeachment trial is typical inside the beltway, that is, looking inward. Break that spell by reaching out back in the home state and do good. Are the supplies for the food pantry running low? Organize an initiative to solicit and collect food from local restaurants and grocers. Part of the popularity of the ABC version of the news is the "American Strong" snippet at the end of the broadcast. It melts our hearts. Yes, 21st century humans still have hearts. 

Place your sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Coaching on SEO and Ghostwriting for sponsored content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

Melissa Quesada - Beauty, with Alleged Inner Beast

This is one scandal which may not throw too much shade on the Cuomo Administration. Right now the powers that be are taking no action on the matter which might be labeled as "Beauty, with Alleged Inner Beast."

One-time beauty queen Melissa Quesada has been indicted in Westchester, New York for assault, harassment, and endangering the welfare of a child. Since 2016 she has been NY State Director of Latino Affairs. She received a law degree from Hofstra. Here is the coverage from tabloid Daily Mail. Her LinkedIn profile is not available at this time.

Allegedly, Quesada attacked her former lover and father of her child Adrian Roman. For the resulting injuries he went for medical treatment and notified the police. Also, she is accused of leaving their baby unattended in a bath.

Roman and she are now living apart.

While the Cuomo players might not be significantly tarnished by this development, Quesada's career could go off the tracks. Currently the world, not just the U.S., fears unbridled emotions. A resentment, the wrong word, a stressor (as they say in "Criminal Minds?) could set in motion a fatal incident.

As a lawyer, Quesada should have been aware of how much she put at risk when allegedly not being able to manage anger.

In addition, she could be damaging the image of Latinas. That's the group who should have their antenna up for backlash. 

Since this story allegedly involves theatrics, it has legs. 

Place your sponsored content on this blog. Coaching on SEO and Ghostwriting for that content also available. Sliding scale fees. Please take advantage of a complimentary consultation janegenova374@gmail.com.

 

"David W. Fermino v. Kasowitz Benson" - Discrimination/Breach of Contract or Excessive Time Off?

The California Department of Fair Employment and Housing gave the okay for former partner David W. Fermino to sue law firm Kasowitz Benson, reports Law.com.

In "Fermino v. Kasowitz Benson," the plaintiff contends the law firm shut him out of business opportunities because he was a gay African-American. In addition, there had been racist comments.

Also there had been an alleged breach of contract when it didn't pony up the $190,000 it owed him. At the time, Fermino claims the law firm was having cash flow problems. After he complained, he was fired. Here is a copy of the complaint, filed in San Francisco County Superior Court, January 9th.

A similar breach of contract lawsuit had recently been filed by former Kasowitz Benson partner Kyung S. Lee. The amount involved was larger - $550,000. At the time, says the plaintiff, the firm was experiencing a cash flow problem.

In response to the Fermino lawsuit, the defendant states that he took excessive time off. 

Fermino is represented by Outten & Golden. Currently he is employed at the Law Foundation of Silicon Valley. 

These kinds of lawsuits among lawyers who had previously worked together tend to be nasty and high profile.

Both sides have the knowledge and the resources to sock it to each other.

If they understand the media game they can do damage to each other's branding. Both those inside the legal sector and other kinds of professionals enjoy the dirt being dished. That provides experiences of extreme pleasure.

At their core, lawsuits are theatrical performances.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Class Actions, Especially Alleged Public Nuisance - US Chamber, Champion of Tort Reform, Can't Stop That One

The class action, it was predicted, was supposed to die with SCOTUS' rejection of "Dukes v. WalMart."

It was not certified primarily because the class was declared not to have adequate commonality.

The majority of justices classified the organization as decentralized. Given that, managers at the store level, since they were autonomous, couldn't collude to discriminate against women in a systematic manner.

But the class action didn't lose in dominance in the American legal system. The gender bias lawsuit seeking certification as a class "Tolton, et al. v. Jones Day" is high profile. Law firm representing the plaintiff Sanford Heisler Sharp operated a well-oiled public relations machine in all mediums. 

Instead, as Thomas Donohue, chief executive officer of the US Chamber of Commerce, lamented in The "State of American Business 2020" class actions have tripled during the past decade. He contended they raise the cost of doing business, harm business, and threaten jobs. Here are more details from Law.com.

At the top of the list of the kinds of class actions Donohue objects to is the public nuisance. That was introduced by the state attorneys general and plaintiff bar in the push against BigTobacco. The result had been the landmark Master Settlement Agreement. 

Later applying traditional public nuisance law to product liability generated the state level public nuisance lead paint class actions. The first win on that had been in California.

SCOTUS refused to review the conviction of defendant Sherwin-Williams.  Similar suits were then filed in Pennsylvania. The form that usually takes is municipalities and states partnering with plaintiff lawyers working on contingency. In CA, the plaintiff bar billed at 17% of the award. 

No surprise, public nuisance was leveraged in the opioid state actions in states ranging from Ohio to Oklahoma. 

Of course, it has been used by environmentalists against utilities producing the kinds of energy which allegedly factor into climate change. Anticipate seeing lots more of that. Crazy weather patterns are a regular feature on the influential ABC evening news with David Muir. 

What Donohue forecasts is that those businesses in the cell phone loop will be held liable for creating a public nuisance for the distraction which contributes to auto accidents. That can total a long list of defendants. 

Well, Donohue is on the money.

Public nuisance is a protean concept that can be configured for the whatever purposes of municipalities and states, along with the plaintiff bar which assists them. The potential financial windfall is huge. If there is a recession and a budget crunch, there could be plenty more public nuisance lawsuits. Given the trend of nuclear verdicts by juries, the amount could be what the US Chamber hasn't even considered.

In 2005, the US Chamber helped bring about the Class Action Fairness Act.

That was then.

Now, with digital influencing, the power of most trade associations, not only the US Chamber, is in play. Its membership is less than it had been in pre-digital times. And with issues so critical and urgent, more businesses are establishing their own kinds of lobbying campaigns and choosing just-in-time allies for those initiatives. They don't perceive any reason to join the US Chamber of Commerce. 

Meanwhile, the plaintiff bar keeps becoming more sophisticated in its strategies and hands-on tactics. That is one driver of the nuclear jury awards.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

After Internal Investigation, Alphabet's Chief Legal Officer David Drummond Is Retiring - No Exit Package

The real news in this old story about probes of sexual misconduct is this: The executive leaving isn't getting an exit package. 

Ever since former manager of legal contracts at Google - Jennifer Blakely - went public about her affair last August with her then-superior David Drummond a cloud had been hanging over him. At the time he had been Google's General Counsel.

He, now Chief Legal Officer at Google's parent Alphabet, admitted the affair. He indicated, no, he wasn't perfect. Meanwhile he had married a subordinate.

Blakely contended she had been forced out of Google years ago when she became pregnant with Drummond's child and the powers that be had been clued in. Messy stuff. 

An internal investigation of possible sexual misconduct followed. As a result, reports Law.com, Drummond will retire on January 31st. But, unlike the controversial departures of other executives, he won't be going with an exit package. Alphabet notified the SEC of this development.

Under all circumstances, office romances are tricky.

If they sour - which is often - tension can overtake the workplace. Everyone in it can suffer. 

Recently The Wall Street Journal ran a series of articles about Cupid in the office. Even among colleagues, that's not recommended. As for the superior-subordinate love affair, hey, don't even think about it. 

Yet, the reality is that given the long hours so commonplace now it is difficult to find time to search for love outside the office.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

The Pamela Smart Saga - Gregg Smart Had Been Only Adult in the Loop

So much adolescent passion.

That ranged from puppy love to music addiction. 

Essentially that seemed to be what dominated the Pamela Smart saga. And, it blew up in the murder of who was the only adult involved - Gregg Smart. He had grown out of being a rocker, cut his hair, and threw himself into the grown-up job of being an insurance agent.

Pamela, who had worked three jobs in college and had graduated in three years, hadn't had the opportunity to grow up. When she headed media at a school, she drifted toward socializing with the teenage students. That's where she was emotionally. At home she had not welcomed her husband's hair cut. 

Last night, ABC broadcasted a two-hour special on Pamela - "Broken Vows." The objective seemed to be advocacy. Media has the power to get the right attention for issues. 

Pamela's sentence had been life in prison without the possibility of parole. The teenage boys who actually had been part of the the murder had been able to cut a deal. Already they were out of prison.   

The one-time Barbie doll had not aged well. Also she was not convincing in the ABC interviewing when declaring her innocence. Along the way, no one seemed to have coached her how to engage.

Her persona was harsh.

There was no sign of compassion for Gregg.

And she was incapable of getting it that her relationship with those school teenagers had been so destructive. 

Given how poorly she presented herself, this broadcast might have hurt her, not helped her. 

What was particularly interesting about "Broken Vows" was that the broadcast  took viewers down memory road. The Smart trial was among the first which allowed cameras in the courtroom. The public followed the steamy details of illicit love like a soap opera.

Center stage had been this cute high school staffer who showed up in court with a prim and proper outfit and a bow in her hair. But the defining moment in the trial were the "pin-up" photos of her in a bikini, draped over a bed. 

In addition, a poignant one occurred during testimony. As Gregg was being attacked, his concern was for his dog. That detail could undercut any sympathy for Pamela. The dog always steals the show. She might wind up dying in prison. 

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

U.S. Legal Media - Changing Playbook

Globally, media is zero-growth business. That's what influential New York University professor Scott Galloway hammers. 

That's the big picture.

Within the generalization are niches which could grow. One is legal media in the U.S., including both broadcast and digital.

After all, America is a litigious nation. Everyman and Everywoman make it their business to learn more and more about law in case they find themselves or put themselves in that loop. "Court TV" serves that purpose well. 

And, from the get-go, legal procedures such as trials have provided entertainment.

That kicked off in 1692 in Salem, Massachusetts, with 200 accused of witchcraft.

Currently, observing Harvey Weinstein make it into the courtroom with his walker is a visual treat.

So, it's instructive to leaders in all parts of the media landscape to analyze what has been going on in the American legal media sector. They can learn plenty from that changing playbook.

Many recall the big bang in platform from print to digital and from buttoned-down to conversational set off by The Wall Street Journal's Law Blog. Headed by Peter Lattman, now with Emerson Collective, it was the go-to for the underground feel about anything and everything in law. Who didn't leave a comment! 

Next, David Lat gave birth to what was then legal news tabloid Abovethelaw. It evolved into a highly influential advocacy site for law students and junior lawyers. Along the way it might have sucked the wind out of The Wall Street Journal Law Blog, which eventually was shuttered. Simultaneously, the traditional coverage of legal by The Wall Street Journal was beefed up. Unfortunately it's currently behind a paywall.

Courthouse News made it all the way to hard-hitting investigative reporting.

ABC had and still has Dan Abrams as legal analyst. He also launched a news media site whose platform is essentially video. That mutated into the current Law & Crime. Last July Abrams noted it had about three million monthly visitors.

Law.com became more provocative in what it covered. You bet, it seems to love those gender discrimination lawsuits such as "Tolton et al. v. Jones Day."

In much of the current media, the star figure is employment plaintiff lawyer David Sanford of Sanford Heisler Sharp. Legal media has helped shape The Lawyer as Character Actor.

And, so on.

Right now, likely the game being watched closely is being played out on the digital platform of Abovethelaw.

Founder and business hustler David Lat left to become a recruiter in legal executive search.

More recently the editor in chief and activist Elie Mystal also left.

One journalist is on maternity leave.

That leaves the media outlet down three people. The space is being filled by regular guest columnists. But they lack the distinct Abovethelaw voice. That had been rigidly maintained by the original band of merry rebels at Abovethelaw.

All this puts its branding in play.

Without Mystal, there's less of an activist tone.

Given that Law.com is covering much of the juicy stuff that had been Abovethelaw's signature, there's a loss of a clear differentiating identity.

With the legal sector having made a strong recovery there's less to protect law students and junior lawyers from (with the exception of high law school tuition and the resulting over-$100K student loan debt). Therefore the role of a kind of Holden Caufield saving them has withered. 

Many who got their introduction to legal media as fun with The Wall Street Journal Law Blog and felt part of the Abovethelaw community wonder what will be the new playbook. Its current holding pattern can't hold.

Will it veer toward the more traditional to compete toe to toe with Law.com, conduct more investigative journalism like Courthouse News, and/or assign staff as with Law & Crime to be in the courtroom? Could its target market extend to seasoned lawyers? Will it be partners, not disgruntled associates, who send anonymous tips, including internal communications, to Abovethelaw?

Meanwhile, it's Court TV which is educating the masses about what dress, style and color, defendants should wear, the strategy of jury selection in a sexual misconduct trial, and hits and misses in opening and closing arguments. The language of law has gone mainstream. And those points of law -  so many laypeople have them down cold.

Legal media has served America well. 

This blog wished an amazing Next to the "orphans" at Abovethelaw.

Smart global ghostwriting, with niche social networking know-how. Also communications coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Liquidating The Firm - Those in UK Legal Loop Could Have Big Task Ahead

What has been obvious is that Queen Elizabeth (along with those in the loop) is losing control of The Firm.

Media, including this article in New York Magazine, had covered in detail the cracks in the foundation.

The biggest, of course, has been Prince Andrew's association with Jeffry Epstein.

Then there is gossip that the marriage of William and Kate has become troubled.

Mixed in with all that is the ongoing issue: Do the Brits want to continue footing the bill for The Royals? Sure, the institution of the monarchy brings in the tourists. But so do reenactments of William Shakespeare's plays and drinking a pint in an actual British pub. 

However, it was today that Queen Elizabeth's leadership actually was put in play. The Firm could go into liquidation. Those in the UK legal loop would be plenty busy. 

Sources indicate that the rebel forces - Harry and Meghan - did not inform the Queen before their announcement. That public statement was to make it official that they would be stepping away from their high ranking royal status. That entails giving up the "free money" and making it financially on their own. They will co-live in Canada and the UK. 

Yet, the Queen's response was old-line oganizationspeak. Corporations around the world got away with that up until about 198O. Then turnaround Chrysler guru Lee Iacocca introduced peoplespeak. Americans wanted him to run for U.S. president. Currently, peoplespeak or conversational public statements are expected. Anything more stilted gets censured by diverse constituencies for being inauthentic.

Yes, in the language of leadership, the train has left the station in the need to engage. Aboard it, though, Queen Elizabeth is no where to be found.

Yet if she looks beyond her wealth and commitment to tradition, she will see the barbarians at the gate.

History will not be kind to her if it's on her watch that The Firm is liquidated.

Neither will all the royals on the dole.

Sure, there is family money but everyone knows what happens to it: It runs low. The grandchildren such as George will have to get, hold, and move on to better work. Every former royal will need a career coach.

Smart global ghostwriting, with niche social networking know-how. Also job-search coaching. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

CT Officials Got Their Arrests in Jennifer Dulos Case - What Will Be Lawyer Norm Pattis' Next Moves?

On May 24th, 2019, Jennifer Dulos went missing on the Gold Coast of Connecticut.

Today, the arrests for murder or conspiracy for murder have finally been made.

Those include estranged husband Fotis Dulos. He is accused with capital murder, murder, and kidnapping.

His one-time girlfriend Michelle Troconis has been charged with conspiracy to commit murder.

And Fotis' former civil lawyer Kent Mawhinney will probably be accused of conspiracy to commit murder.

But the big interest is: What will be the next moves of celebrity lawyer Norm Pattis who is Fotis' current criminal lawyer.

Essentially Pattis has taken over the spotlight. Attention has drifted from the shock of a "Dateline" type of saga unfolding among the rich and influential of Fairfield County, CT. 

Law has always provided great theatre.

Historically, attention had been divided between the alleged miscreant and the legal counsel.

Now, in this sophisticated media era, journalists and producers had to ramp up the showmanship. Celebrity lawyers provide that. They dress, style their hair, walk, and talk with distinct character traits. In themselves they are the show. 

So, let the show begin in what has finally become a matter of alleged murder. In entertainment, murder has become a genre growing in popularity. 

Pattis has at least a book in this. Better yet, or in addition, a documentary. And it doesn't matter how this pans out for the defendants. They're bit players.

Smart global ghostwriting, with niche social networking know-how. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

The Next - Laterals, JD Class of 2020, Career-Changers Have to Get Their Elevator Speeches Just Right

In her 70s, Maye Musk remains a super model. 

In addition, she has become a best-selling author.

About a week ago, her book "A Woman Makes A Plan" was published. Immediately, it caught fire. Currently, it has the amazingly high Amazon ranking of 1,509. 

A central meme of "A Woman Makes A Plan" is the fresh opportunity that comes from starting over. Musk grabbed it during distressful parts of the her life and leveraged it as a platform for personal and professional success.

That's Musk's story.

Your own experience with starting over might not have been so rosy. That could even have begun when you were a 1L in law school. Or, sooner, during the unhinging of being a freshman in college. 

One major problem might have been this: You brought the past with you. Not only internally, that is, in your head, heart, and soul. You also didn't recognize the need to create a new "elevator speech." From the get-go that puts limits of possibilities.

Essentially the elevator speech is a short "commercial" which captures who you are and how that "who" can benefit others - employers, co-workers, subordinates, clients/customers, friends, neighbors, community groups, and other kinds of constituencies. That benefit can be as simple as lifting their spirits and making them feel good about themselves. Or it can inform them how you can be useful in their careers. 

Ironically, the elevator speech is not about you. It's about them, via the genius of indirect communications. 

The elevator speech is all positive.

It requires an investment of your time.

And, you bet, you must put it together, fine-tune it, and practice it before you parachute into your Next. Remember you only have about 7 seconds to transmit the right message.

Advanced preparation prevents blowing it because once you're in-place you're overwhelmed. Such stress leads to blurting, disclosing negatives, and ignoring the nuances of human bonding. According to the researchers on mirror neurons, we humans influence each other, cell by cell. It's up to you to leverage that to your advantage. Otherwise you can become downright self-defeating in the new setting. 

Let's look at effective and counterproductive elevator speeches:

Effective: Isn't Cleveland special! (That level of enthusiasm puts you in the conversational driver's seat.) It's such a blessing to have a position with Jones Day. How the kids love their school.

Counterproductive: We're having an adjustment leaving Manhattan (That's an immediate put-down of Cleveland) But Jones Day made me an offer I couldn't refuse (You sound arrogant.)

Effective:  I'm here. Can't believe it. I was 6 years old when my family vacationed in Tucson. The rest of my life I made it my business to return. I want the kind of life you have. How blessed you are. 

Counterproductive: Los Angeles was such a rat race. Too much traffic. (That positions and packages you as a complainer.) I hope this works out better.  Does the heat get to you? (Listeners get annoyed that you didn't factor that in before making the decision to relocate.)

Effective. I want to hear all about you. (There is the Dale Carnegie fundamental of showing a sincere interest in people.) Can I treat you to a latte? (Free can't be resisted). Starbucks, I found, is on the corner. (You sound like you are making a real effect to make this home.)

Counterproductive: When I get settled let's get together. (No body cares about your state of being overwhelmed.) By then, I will probably heal from being unemployed from the crash in the legal market. (You brought the stink along with you.)

Sure, new starts can be brutal rites of passage. But that transition can be transformed into the adventure of taking on another identity. Graduates of elite colleges are willing to earn peanuts just for a shot at being hired for acting roles. Trying on another persona can be equally satisfying. Plus, the return on the investment could be extreme success, in life and work. 

Experts on building power relationships - be they dramatist William Shakespeare or sociologist Erving Goffman - hammer the importance of setting a face to meet all the faces out there. That entails putting together the right elevator speech. Then continually modifying it as time passes. 

After a year in Cleveland and at Jones Day, here is how that could play out:

Effective: Cleveland has been so good to us. But you know the needs more than we do. How can we make a difference? My two boys want to pitch in, too.

Ineffective: The long hours of work. I haven't even gotten to the museum yet. I shouldn't be annoyed but I am that my kids want me to coach their teams.

Takeaway: The most efficient route to success is through other people. It's your mission to talk your way in. 

Smart global ghostwriting, with niche social networking know-how. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.