Law And More

"County of Summit, Ohio et al. v. Purdue et al." - Public Nuisance Stays, Rules Judge Polster

Any corporation facing litigation alleging public nuisance or which could be a target for that kind of lawsuit should feel the blast of arctic air going through the business community. At the top of the list could be the former lead paint manufacturers/marketers such as Sherwin-Williams. 

In "County of Summit, Ohio et al. v. Purdue et al." U.S. District judge ruled that public nuisance stays in the trial. Here is a copy of that complaint. 

Settlement talks between Purdue and the state attorneys general in the loop broke down over the weekend. Unless something changes, the opioid public nuisance lawsuit will proceed to the courtroom as a jury trial on October 21, 2019. Here are details about that summary judgement from Law.com

Most of OH is a lousy venue for that litigation. The defense could have a challenge finding objective jurors. The state has been devastated by deaths related to alleged opioid addiction. Part of that human tragedy is that children have been left without their parents. Frequently opioid use is a family affair.

Public nuisance first became a power tool of state attorneys general when BigTobacco had been targeted. Eventually that was settled through the Master Agreement in 1998. 

Later it was leveled by the combination of state attorneys general and plaintiff lawyers operating on a contingency basis against corporations which had been in the residential lead paint loop. The first win for the plaintiff had been in a bench trial in California. From that verdict, the contingency plaintiff lawyers will receive 17%.

As expected, that success generated similar public nuisance lawsuits. Pennsylvania has already parachuted in with lawsuits against Sherwin-Williams. And Massachusetts is being encouraged to also do so.

Public nuisance has also been applied to diverse legal situations ranging from how utilities do their energy to how the Roman Catholic Church allegedly managed the contentions about clergy sexual misconduct.

Clearly, from the 20th century days which produced a windfall settlement from BigTobacco to today, public nuisance has evolved into a multi-dimensional legal concept.

Large corporations might think about it as the monster emerging from the deep. Meanwhile, all organizations should factor into their crisis communications accusations that they are causing a public nuisance.

The wrong rhetorical moves could position and package them in the court of public opinion as the enemy of the people.

Meanwhile the careers of political figures who point the finger could go on a rapid upward trajectory. It has been the current U.S. senator Sheldon Whitehouse who had put the first major lead paint lawsuit in play in Rhode Island. At the time he was the attorney general.

You bet, Purdue et al. don't want public nuisance in the courtroom and in the media. But things didn't go their way on that one. 

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David Drummond's Matters of the Heart - Straight from a Shakespearean Comedy

There are two usuals in the comedies of William Shakespeare.

One is the meme that things aren't what they seem. (Incidentally, "Dateline" plays that theme out every night on television.)

And, two, at the end there tends to be a marriage, which is a joyous occasion. In Shakespeare, joy frequently comes before a major tragedy.

The recent media coverage of Alphabet's chief legal officer David Drummond captures the Shakespearean ethos.

No, things aren't what they seemed with Drummond when it came to matters of the heart.

After his former subordinate, romantic partner,and mother of his child Jennifer Blakely outed the details of their long-over relationship on Medium, Drummnond contended he never had another such connection at the corporation again. 

Well, that isn't what CNBC reports.

Drummond, it seems, had been involved with Google employee Corinne Dixon. She was not a direct report and worked at Google, not parent Alphabet. According to CNBC, the two got married last weekend. So, yes, like a Shakespearean comedy this saga ends with a marriage.

But, is there tragedy, maybe the micro kind, ahead? Will both Durmmond's and his employer's brand be tarnished for being caught up in an alleged lie?  

So many matters of the heart steal away brand equity, both individual and organizational. That goes back to the outing of the romance at Bendix between chief executive officer William Agee and top executive Mary Cunningham. When Agee died at age 79, the media made that romance his legacy. Here is coverage from The New York Times.

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Alan Dershowitz & His Theatrical Talent - Will It Pan Out in Epstein Legal, Branding Mess

In the recently published book "Siege," Michael Wolff blows off former Harvard Law School professor and iconic criminal lawyer Alan Dershowitz as a sort of celebrity-seeker.

According to Wolff, his major asset is not a brilliant legal mind. It's a know-how about getting, holding, and scaling attention. One tactic has been publishing popular books.

Well, Dershowitz seems at the theatrics again.

As many know, he's caught up in the residue of the Jeffrey Epstein mess. Dershowitz had been Epstein's lawyer. Also he had been accused by Virginia Roberts of alleged sexual misconduct.

Daily Mail reports that during a keynote speech at the Colorado Steamboat Institute on August 23rd, Dershowitz positioned and packaged himself as a victim of #MeToo. He also contended that Roberts' lawyers are trying to pull a shakedown on him.

Will the theatrics pan out this time? 

The odds are not good.

Dershowitz already damaged his brand on conservative television, as an advocate for Donald Trump. Some of the stances he argued seemed a stretch. Shade was thrown on his credibility.

Playing the theatre game is full of risk. This could not end well for the Dershowitz legalities and branding. 

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The Making of the King Lear Tragedy as "Trump Fatigue" Overtakes American Voters

In Politico, Rich Lowry nails what could lose the election for Donald Trump.

That would be that voters simply are too exhausted by his non-stop showmanship to pay attention to him any more. They shift to listening to what other candidates have to say about improving the lives of Americans.

And that's that. Trump becomes a one-term president. Like Shakespeare's King Lear, he could wind up being totally alone, ranting that he has been more sinned against than sinning.

Lowry labels that "Trump Fatigue." But Trump, a one-time big success in reality television, might not be able to cut back the showmanship. He likely does not have that level of self-awareness and self-control. The memory of The Big Hit has taken him over. 

Trump, though, is not alone in not being able to let go of a former triumph to open the door for a new one. Over and over again in all fields, ranging from corporate leadership to music, men and women become frozen in time. We all know who they were or currently are. 

The genius of players such as Steve Jobs and Barack Obama is their ability to keep evolving. 

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Jones Day - What Was It Thinking in Court/Social Media Response to "Savignac/Sheketoff v. Jones Day et al."

Public relations may be more of a wild-card game to play than litigation.

Jones Day, once a low-profile black box, has decided to leverage the court of public opinion for lawsuits filed against it. That began with gender bias case "Tolton et al. v. Jones Day." It posted on its website about the lawsuit. Here is that statement. 

Now it might have gone out of control with the parental leave bias litigation "Savignac, Sheketoff v. Jones Day et al." Here is a copy of the complaint. The two plaintiffs had been former U.S. Supreme Court clerks.

The plaintiffs, among a number of beefs, contend that it is illegal for Jones Day to provide more paid parental leave for females than males, there was retaliation when plaintiff brought that to the attention of Jones Day, and there had been a pay gap between female and male associates. 

As Jack Newsham reports in Law.com, Jones Day issued a public statement in social media about the litigation. That was in addition to filing in court a motion requesting a 30-day extension of when it has to respond to the lawsuit. Here is that statement. posted on its website.

Essentially Jones Day claims:

• The contentions ignore law and biology
• There was no retaliation. Savignac was fired because of poor judgement, lack of social skills, and perceived disinterest in a career at Jones Day.
• Sheketoff was paid equitably, despite mixed reviews of her performance. 

A fundamental of public relations is: Knowing when to put it out there and when to lay low. The ambitious in the public affairs industry should take the leap into the analyzing the dynamics of Jones Day's new approach to branding. 

Reflection: Is white shoe law firm Jones Day becoming undone? Meanwhile, consumers of the legal media are enjoying the theatre. 

UPDATE:

Federal judge Randolph Moss gives Jones Day until Oct 4, 2019 to respond to this lawsuit. The plaintiffs wanted a two-week deadline. Here is the coverage from Law.com.

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The Suing Couple - This Time Ellen Pao, Buddy Fletcher Are in Court for Divorce (not alleged bias)

They were once a power couple. 

Ivy league educated.

Sophisticated.

She a tech venture capitalist, then oversaw a social media platform, and next an advocate for leveling the playing field for women in Silicon Valley. He had been the head of a hedge fund - Fletcher Asset Management.

Their networks were golden.

And, both became household names because of lawsuits about alleged bias.

She - Ellen Pao - took on venture capital firm "Kleiner Perkins" after she was axed. She contended gender discrimination, in an era before #MeToo.

He - Buddy Fletcher - took on the Dakota when the board wouldn't allow him to purchase a fifth property. He contended it was because he was African-American.

Both lost those lawsuits.

Now, they are back in court. Only, as the New York Post reports, it is for divorce. That kicked off in 2017. It goes on and on. 

The way their marriage is ending is filled with as much hostility as their earlier lawsuits. Both seem to have a deep sense of entitlement. 

The accusations will likely make their way into a cover story by Vanity Fair. That glossy had already covered the couple a number of times. Here is the 2013 Vanity Fair article "Sex, Lies, and Lawsuits."

He claims he is destitute and requests financial support. His head fund collapsed. There had been dark accusations about it. He also requested in court and lost that Pao be kept away from their daughter. He is representing himself, that is, doing all this pro se.

She wants him out of her pocketbook and life. Apparently she had managed to land on her feet financially after losing the lawsuit and her job at Reddit. Currently she is living at the Ritz-Carlton Club and Residence. 

The theatre attached to both is palpable. They're drama magnets. 

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Michael Wolff's "Siege" - All The President's Lawyers

Legal sector insiders probably won't be reading Michael Wolff's June 2019 book "Siege." At least not to find out the dirt about U.S. President Donald Trump's lawyers.

But those who hover on the fringes, watching Dan Abrams on ABC, likely will enjoy Chapter 3 of the book. The title is "Lawyers." 

For example, they will find out that Alan Dershowitz is no heavy-duty legal scholar. Instead, he is more of a celebrity lawyer, the kind who knows how to publish the right books and use the medium of television. A Baby Boomer, Trump grew up with that medium.

When Trump was searching for a killer lawyer who would work the television optics he invited Dershowitz to the White House. He was considering hiring Dershowitz. Most the BigLaw firms didn't want to get into the loop. Their committees voted down that business because Trump was being Trump and they were also afraid of being stiffed on the bill.

But Dershowitz wanted a million bucks to do the job on a formal basis. So, Trump moved on to the Rudy Giuliani who would work for free. It seems that Giuliani wanted to get out of the house. His third marriage, like the previous two, was a disaster. But to take the job, which paid nada, he had to step down from his position at Greenberg Traurig which wanted no part of all that. 

Wolff confirms the bad blood between Trump and the White House lead counsel Don McGahn. Actually it was worse than the media portrayed it. McGahn hated Trump. 

In essence, Trump assumed, like Richard Nixon, that he was above the law. For example, he would tell McGahn that it was his [Trump's] Department of Justice. Trump wanted people around him who would reinforce that notion. Then, ironically, he would torment them for being suck-ups. As we know, James Comey wasn't among the suck-ups and he got the boot. 

In the book, Wolff also observes that the U.S. legal system can be gamed. That is accomplished through bringing on enough legal juice and muscle. 

As Trump became more convinced he was above the law those in White House made it their mission to avoid attending certain meetings. They didn't be in the loop on Trump's agendas. They knew they couldn't afford the legal bills if they were dragged in. 

On Amazon, "Siege" ranks high - 8,810. In terms of describing legal and political dynamics it is probably a more useful and engaging read than Wolff's earlier book "Fire and Fury."

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The Royals - Barbarians at the Gate

Those cute little grandchildren, ranging from George to Archie, may not save The Royals from extinction. Currently the brand is in play. That's just the beginning, of course. 

Should we be thinking back to Revolutions in France, Russia, and the U.S.? Are the Barbarians again at the gate?

After all, although those vestiges of monarchy bring in tourism, they cost the people of England a lot of money.The attacks will ramp up if the world sinks into another ugly economic downturn. Currently the equities markets are sending all the wrong signals.  

Media outlets smell blood. The growing discontent about The Royals could get decision-makers to conclude that no longer will the British support that institution. Send Harry and William off to work. Position and package Queen Elizabeth as nothing but a parasite under that hat. 

The momentum kicked off with the allegations that Prince Andrew aka Randy Andy groped the breast of Joanna Sjoberg at the late Jeffrey Epstein's mansion. Now that mystery surrounds Epstein's death, that story isn't going away. It has the makings of a platform for convoluted conspiracy theories. Prince Andrew will be included in the documentaries. 

Now, the popular tabloid Daily Mail has covered Brexit party leader Nigel Farage's denigration of Royals present and past. In Australia at the Conservative Political Action Conference, Farage lampooned Harry and Soulmate, especially their environmental efforts. Also he characterized the supposedly deeply loved Queen Mother as an overweight woman who drank excessively. And Prince Charles didn't come off all that well either.

Obviously, the global comedy industry, ranging from cartoonist to U.S. late night broadcasting, could make it its business to take on The Royals. Nothing stings like dark humor. And "SNL" can pivot from Trump to Harry and Soulmate. They could be quoted as saying, "Let the people of England eat photos of Archie ..."

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Fotis Dulos Legal Matters - Setback for Defense

Estranged husband of missing Jennifer Dulos - Fotis Dulos - and his celebrity lawyer - Norm Pattis - had a setback.

Last week, reports Law and Crime, in Stamford, Connecticut Superior Court Judge John Blawie ruled that the defense may not have access to Jennifer's medical records. Pattis put out there an alternate theory of about why Jennifer is missing.

Pattis argues that she might have planned and pulled off a revenge suicide. That would have been to spite Fotis with whom she was engaged in a bitter divorce and custody battle. 

Before she disappeared, claimed Pattis, Jennifer  ran up $14,000 in medical bills. He wanted to investigate if there had been a connection between any diagnosis and treatment and the disappearance. 

It is fairly typical for defense lawyers to establish other theories of how the alleged crime could have happened. In itself, it could create reasonable doubt in the minds of the jurors. 

The judge left pending two other legal matters. 

One was the request by the prosecution for a gag order. State's Attorney Richard Colangelo contends all the publicity surrounding these legal matters which developed on the affluent Gold Coast of Connecticut had led him to believe this: If lawyers are allowed to continue to release information that can materially prejudice adjudicative matters.

The second request is by the defense to dismiss the charges. 

If this reaches the trial stage, it could be as major a media phenomenon as the Martha Moxley murder trial. The theatrical element is to gawk at the 1% as their secrets tumble out. It's also an experience to observe them entering the courtroom.

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So Many Moving Parts: The Royals' Public Relations Machine, U.S. Legal System

For a long time, the royals have been on the defensive.

The times have changed and, aside from tourism, their institution creates less value for the pocketbooks of their financially distressed "subjects." In addition, there's climate change to worry about.

So, some day and that day can be soon the once solid "firm" operated by Queen Elizabeth could go the way of the low-IQ phone. Who knows, Prince Harry's wife might have to return to her acting career in the U.S. William's daughter Charlotte might have mastered the royal wave for a lousy return on investment.

So, it was predictable that with the most recent allegations about the Duke of York - 59 year old Prince Andrew - the royal public relations machine should be flipped on.

Media outlets are publishing star snaps of Queen Elizabeth, Prince Andrew, and his daughter Princess Beatrice on their way to Crathie Church. After all, it's Sunday. Church is good. 

Prince Andrew, it is alleged, groped a woman's breast at a party at a party at Jeffrey Epstein's mansion. The woman allegedly had been Joanna Sjoberg.

Esptein's death and the mystery surrounding it have catapulted what was to be a U.S. trial about alleged sex-trafficking into a hot global media story. Over and over again it played on global broadcasts this weekend.

Forever, conspiracy theories will bounce around Epstein's death. That gives the saga sustained marketability. In the process, the branding of the royals could shift from sometimes-naughty to predatory. Not good. 

An activist can organize a boycott of tourism scheduling anything royal. Queen Elizabeth will go down in history as the chief executive officer who lost the firm. 

The royals deny all the allegations associated with the Duke of York. The world might be thinking: A pox on all their houses. 

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