Law And More

Trump's Power - Everyone Is Measuring It

"President Trump and the MAGA movement are showing signs of moving in different directions. By no stretch of the imagination is Trump’s base deserting him. But nor are those voters willing to simply do his bidding." - Niall Stanage, The Hill, May 23, 2022

The focus has long shifted from the real or alleged perils presented by Donald Trump to how much power does he still have. The answer is two-fold:  (1) He still has more power than his critics anticipated and (2) He is losing the ability to unilaterally control the MAGA movement.

That leaves progressives in an urgent state of coming up with strategies to create their own kinds of power. In that the Democratic Party seems to have defaulted to New York City Mayor Eric Adams. As Politico reported, he is the new messaging machine. 

At the Democratic Congressional Committee he advocated applying his own motto: Get Stuff Done. Yes, take action. He also was bullish on storytelling. Part of that was forcing the GOP to come to terms with their own conflicting stories. Yes, they are for law and order but they back off from adequate funding of law enforcement. 

The buzz is that Adams could put himself out there for US President in 2024. What operates against that is the escalating troubles in his own city. Violence is the dominant ethos. In addition, COVID has returned. Meanwhile, remote work has sent the commercial real estate industry reeling. 

Trump has established almost a mystical force field for his points of view. Traditional politicos don't know how to neutralize it.

Connect with Editor-in-Chief Jane Genova at janegenova374@gmail.com.

 

"Depp v Heard" - Not Since OJ Simpson Murder Trial Have Lawyers Been Such Celebrities + Have Down Cold Nuances of Defamation Law

Good luck marketing departments of law firms trying to get attention in the media. The dismissal of litigation the legal team might have obtained is likely not being noticed. Even if the head of the team is a brandname and the law firm is in the top 10. 

The preoccupation has been with the lawyers on both sides in "Depp v Heard." Yes, the focus on the lawyers' performance art has been as over-the-top, just as in the OJ Simpson murder trial. For decades there will be re-runs of that "Depp v Heard" courtroom theatre in thought leadership articles, documentaries, and more. For this version of a trial of a century there are streaming and social networks. 

For Johnny Depp the star players are Brown Rudnick's Benjamin Chew and Camille Vasquez. The latter, although an associate not a partner, has received more than 541.8 million page views on TikTok. As Law and More chronicles, the world has fallen in love with her aggressive objections and cross-examination. Chew, who had been with Big Law's Squire Patton Boggs, has developed a signature for his devotion to gummy bears.

For Amber Heard it's Woods Rogers' Benjamin Rottenborn. Previously with Kirkland & Ellis, Rottenborn has become infamous for screwing up. Insider gleefully notes:

" [Rottenborn] has struggled to win the popularity battle online. Early in the trial, Depp fans seized on an embarrassing slip-up that has since become the defining soundbite of the case: Rottenborn objecting to his own question while grilling Depp."

If juries are more influenced by likability versus evidence, Rottenborn might have done a disservice to this client. 

This trial has been set in play by Heard's 2018 The Washington Post Op-ed on being a survivor of domestic abuse. A warning to those who really don't understand the nuances of defamation law in that op-ed Heard never mentioned Depp by name. Also, it is reported that she did seek legal advice before publishing the personal essay. Yet here we are with the a trial that has sucked up all the oxygen in not only legal but also general media.

Connect with Editor-in-Chief Jane Genova at janegenova374@gmail.com.

Is Anna Delvey aka Anna Sorokin Having Fun With Us Again?

From the Ice detention center in Goshen, New York Anna Delvey aka Anna Sorokin announced the formation of her law firm, reports New York Magazine. It's called Delvey & Daughters PLLC. It will only accept the retainer payment in Dogecoin. 

Since Delvey has no legal training - except by omosis through her own trial at which she was convicted - she may be having fun with us. Yes, once again, she could be spinning together a fantasy world. 

Those of us in the creative professions understand fully the satisfaction Delvey might derive from creating her own universe. This one which most agree is "reality" can be painful in how boring and predictable it is. Yet, society pushes us to be in that rule-bound  box for our personal lives and what we do to bring in income. 

Perhaps Delvey simply decided she won't go near that box and she will accept the consequences. Also, there is the possibility that she will study for a law degree.

No matter how that might play out, she will continue to fascinate us.

Connect with Editor-in-Chief Jane Genova at janegenova374@gmail.com.

Brown Rudnick Associate Camille Vasquez - Yes, An Associate Steals Show at Johnny Depp Defamation Trial

You don't have to wait be be a partner to become famous. Associate at law firm Brown Rudnick Camille Vasquez, as one of the lawyers representing Johnny Depp, has evolved into viral star, reports the New York Post.

For example, the collective TikTok videos of her courtroom performance art - including her aggressive objections and pitbull cross-examination of Depp's former wife Amber Heard - have totaled 541.8 million views. So far. And the $50 million defamation trial against Heard isn't over. Check out the videos at #CamilleVasquez. 

As you see on her Brown Rudwick law firm website profile Vasquez is knock-out beautiful, with long dark hair and perfect teeth. Based in Orange County, California, she is 37 years old and had been labeled "One to Watch" by Best Lawyers in America 2021 -2022. She graduated from Southwestern Law School in 2010. She speaks Spanish. 

There is gossip, notes the Post, that Depp and she are dating. 

Essentially Brown Rudwick is a plaintiff firm. One wonders if those junior lawyers working in a plaintiff law firm instead of a defense one have a better shot on directly participating in trials. Usually associates in defense law firms are only able to do some of that in pro-bono litigation. Given Vasquez's prominence it is possible that becoming a plaintiff lawyer might catch fire in elite law schools.

Connect with Editor-in-Chief Jane Genova at janegenova374@gmail.com.

In-Person Commencement Returns: Paul Weiss Partner Loretta Lynch to Give Commencement Address at Harvard Law School

JD graduates will again be able to experience the collective in-person joy of a commencement ceremony. So, the hot topic in legal media is: Who the commencement speakers are.

LORETTA LYNCH TO ADDRESS HAVARD LAW SCHOOL GRADUATES

Harvard Law School announces that its big day for all that pomp and ceremony is May 29^th. In addition, it also announces that the commencement speaker is one of its own: Loretta Lynch. She had received her JD in 1984. While matriculating at Harvard Law she was already nurturing her skills in public service. There, for instance, she had been a member of the Harvard Legal Aid Bureau.

HOPE FOR US ENGLISH MAJORS

Before parachuting into Harvard Law School, Lynch had done her undergraduate degree in English and American Literature. That was at Harvard College and it awarded her the BA in 1981.

Obviously, that major hadn’t been a liability. So maybe the rest of us who also had been English majors should stop apologizing for making that choice.

GOVERNMENT SERVICE

Currently a partner in the Litigation Department at Paul Weiss Lynch had been the first woman of color to serve as Attorney General of the US (2015 – 2017). Before that, her government service included being the US Attorney for the Eastern Division (1999 - 2002, 2010 – 2015). A primary passion has been advocating for civil rights.

PRIVATE PRACTICE

It has been to Paul Weiss that Lynch made the pivot into private practice. Her work has been multi-disciplinary. For example, she conducted the internal investigation for BlackRock into sexual-harassment allegations. On the litigation front, she is representing a number of businesses in lawsuits about alleged discrimination. In a public advisory capacity she mediated a dispute between the Federal Defenders of New York and the Federal Bureau of Prisons.

In addition, she is a role model for women of color in the legal sector.

WHEN PAUL WEISS CHAIRPERSON BRAD KARP ALMOST DIDN’T MAKE HIS HARVARD LAW SCHOOL GRADUATION

Not everyone, including those in the legal community, understands the importance of the commencement ritual to the new graduates.

There is the, well, funny anecdote about current Paul Weiss Chairperson Brad Karp and his own commencement day scheduled at Harvard Law School. At the time, reports Bloomberg Law, Karp had been clerking for The Honorable Irving R. Kaufman, former Chief Judge of the US Court Of Appeals for the Second Circuit. That is the Judge who handed down the death sentence for Julius and Ethel Rosenberg.

The clerkship was quite demanding – so much so that Karp had to obtain special permission to take the time from his 14-hour days, seven days a week, work schedule to be at his Harvard Law commencement in 1984.

Yes, do the math: Lynch and Karp had been classmates at Harvard Law.

Congratulations to the JD Class of 2022

Connect with Editor-in-Chief Jane Genova at janegenova374@gmail.com. Now and then she does freelance communications assignments for law firms such as Paul Weiss – both defense and plaintiff.

 

Will Crossing the Line (yet again) with NFTs (this time) Make Madonna Relevant (yet again)?

"The 63-year-old singer [Madonna] teamed up with nonfungible token extraordinaire Beeple [Mike Winkelmann] to create a series of X-rated graphics showing her fully nude and giving birth to butterflies, insects and trees. Called 'Mother of Creation,' the NFT collection, which will be sold for charity, also includes a 3D model of Madonna’s vagina ..." - New York Post, May 11, 2022.

Age per se doesn't knock you out of the relevance box.

Clint Eastwood and the late Betty White had reset their careers as they entered old age. Yes, a lot of folks are putting the knock on David Boies as a leader/manager. But at 81, reports Reuters Legal, he is still relevant as a litigator. Recently he won a case he argued before the US Supreme Court. 

What puts the kibosh on relevance for an aging entity, human or institutional, is usually just trying too hard to be, yes, relevant. The second coming of fictional Jack McCoy on the return of "Law & Order" isn't crushing it in  ratings.  Old in digital years Gawker 2.0 keeps trying too hard and keeps being irrelevant. 

Madonna's crossing-the-line NFT collection may be experienced out here as straining. And, we folks are already plum tired from COVID, inflation, and deep hits to our investment accounts. The soft-porn part likely won't phase us. Actually that's traditional Madonna. Back then, that was shocking. And relevant. 

Connect with Editor-in-Chief Jane Genova at janegenova374@gmail.com

The Attention Recession - As America Grows Up, What Robinhood, Netflix, and Abovethelaw Have to Learn

"In the first quarter, Robinhood’s monthly active users fell 10% year-on-year to 15.9 million ... Net funded accounts have held steady, but activity is flatlining: Transaction revenues fell by almost half, and average quarterly revenue per user slumped 61% to $53." - Bloomberg, August 29, 2022.

COOL NEW FORM OF ENTERTAINMENT

Robinhood had been a multi-dimensional business.

Yes, it provided a no-minumum requirement commission-free platform for investment in stocks, options, EFTs, and crypto. That was its mission: democratizing investing.

In addition, though, it conjured up a cool hang-out for those who could take on the role of player in the markets. That became a new kind of entertainment. You could have a lot of fun even though you had only about 200 bucks to invest. 

PILE-ON OF CHANGE

Currently, though, fewer are drawn the Robinhood model. Times have changed. And not only for Robinhood but for many other modes of entertainment.

Fewer are going out to the movies.

Fewer are depending on Netflix for their entertainment. The format for delivering that is out-of-date for how customers want their enterainment packaged and delivered.

In addition, one wonders if financially angst-ridden America will find it entertaining to have fun made of business. That includes the business of law, which could shift from boom to a recessionary environment.

Chief Comedy Site for deriding the culture of law firms - AbovetheLaw - could find itself out of sync with taste. Even law students and junior lawyers might not assess its tone and content a barrel of laughs. Internally at law firms those who still have those well-paying jobs, after layoffs hit, could turn on the leakers to ATL. One more thing: Maybe law itself isn't high comedy. The Morning Feed putting a funny spin on legal developments could become downright offensive. Law students and lawyers need solutions for their career and case-strategy problems. Not joking around. 

THE HUMAN

Entertainment is only one aspect of the absolute need of business to get, hold, and grow attention, of course. Without attention, customers and clients don't know what you're selling. Regulators don't know your side of the story. The media outlets lack information and insight about how you differentiate yourself from the competition. And you wind up losing confidence in yourself.

What has been engaging us has been the human. That actually could be getting more attention than the entertainment provided by Elon Musk's brash antics.

What is interesting us about Twitter are the reports of tears and self-doubt by the leadership. Durring a meeting with colleagues the head of Twitter legal Vijaya Gadde wept when discussing the group's accomplishments. While speaking to all employees Chief Executive Officer Parag Agrawal admitted he wished he had done thing better managing the Musk Everything. 

LinkedIn, which started out as a professional network, has evolved into a personal one for professionals. What attracts the likes, comments, and shares are the human disclosures. Popular poster lawyer Colin Levy received plenty of page views when he shared that he had failed the bar exam the first time around.

ESG is making the digital front page news in the media what workers want. That is the very human side of business. At Salesforce, the story has been about eliminating the NDA concealment provisions related to alleged sexual and discrimination wrongdoing. Here is the Bloomberg coverage.

ALL GROWN UP?

Perhaps America, a very young nation, is growing up.

Investing funds is not entertainment.

Netflix should have kept up with the competition.

Careers in law and the institution of law shouldn't become comedic scripting by Abovethelaw.

Connect with Editor-in-Chief Jane Genova at janegenova374@gmail.com

Lawyers As Performance Artists: Therefore they make great panhandlers

Sure, success in the practice of law involves brilliance at strategy as well as tactics.  Also a necessity is an unusual sensitivity to language. Unfortunately for President Bill Clinton, he overestimated his skills in the latter category.

However, that's not enough. Lawyers who become the brandnames in the practice of law are the skilled performance artists.  Examples include Steve Farese who got "Preacher's Wife" Mary Winkler off the hook with his tableau of the hooker heels and wig.  Other adept thespians are Bill Marler who implores Congress and the meat industry to put him out of business, John Tarantino whose earnestness matches the characters played by Jimmy Stewart, and Elie Mystal [former lawyer] who positions himself as sacrificing his very livelihood writing for law students in order to stop them from making the six-figure economic error of entering the legal profession.

Incidentally, fictional attorney Atticus Finch wasn't all that good a performance artist.  After all, he lost because he wasn't able to allow his sense of self to take on the role needed to persuade the jury. And, the legal team from Motley Rice such as Jack McConnell and Fidelma Fitzpatrick were excellent performance artists at the Rhode Island lead paint trial because they had down cold their working class jury. Often thespian ability trumps legal.  The jury gave Motley Rice, representing the plaintiff, three convictions, only allowing one acquittal - for Tarantino's client.

That as background, it's reasonable to conclude that lawyers would be naturals as panhandlers, some of who do quite well for themselves.  Also in centuries past, it was a noble profession. Even today, creatives embrace the role of panhandler. The core competence of panhandlers is the ability to leverage the tools of persona to reach another human being, quickly.  The art falls into the genre of street entertainment.  Here are the details of a career path in panhandling, as I deconstructed them on AOL Jobs.

Kocian Law Group: CT has drive-thru law practice

This could be the gimmick that puts the Kocian Law Group here n Connecticut over the top in business.  It is housed in a building which used to house fast foods.  And it is using the old drive-thu window for clientsto leave off and pick up documents.  Of course, it's already getting some nice heavy publicity for this. 

On Halloween, Kocian Law can give out candy custom-made into gavels.  Yeah, even more publicity.

More on Petit Trial: Only criminal defense attorney would understand this tactic

The [desperate] performance art continues during the penalty phase of the trial of convicted murderer Steven Hayes.  The other day the defense team presented this creature from monsterville as a regular joe, real likable, along with fragile and funny. On the other hand, a defense witness testified that his alleged partner in crime, who will be tried next year, exuded pure evil. Poor Hayes was a follower, not a leader.

Now we're hearing that since being in custody Hayes has tried more than a dozen times to off himself. Of course, he hasn't succeeded.  Is this knowledge to put a bee in our bonnet that he feels remorse?  No one much cares here in Connecticut if Hayes feels remorse or not.  The crime was too awful.  Meanwhile the one survivor Dr. Petit has to wake up every morning and remember the triple murder really did happen.

The defense has a near impossible task.  The broad array of tactics will go down in history books about criminal defense.