Law And More

"Boies is a bad person," Alan Dershowitz Tells Journalist Gabriel Sherman

Gabriel Sherman has fully moved on from capturing the Roger Ailes' era in conservative politics and media.

Perhaps Bob Dilenschneider, who had been Ailes' personal public relations representative, can now also move on to a post-Ailes era. Any interest in all that would represent time travel. And those in that time machine would be perceived as so yesterday. 

Sherman's latest target is this: Everyone in the Jeffrey Epstein loop. And there are plenty of BigNames in it. Those are flashed in Sherman's coverage of the latest developments in the unraveling of the Epstein alleged sex misdeeds in Vanity Fair. 

Among the most riveting tidbits is the feud between two superlawyers.

They are David Boies who represents Virginia Giuffre, a minor allegedly sexually exploited by Prince Andrew, et al.

The other is Alan Dershowitz, whom Giuffre has sued for defamation. In the vomiting up of gossip, Dershowitz has been crowded in among those allegedly receiving sexual behaviors.

In The Battle of Superlawyers, Dershowitz, reports Sherman, told the journalist, "Boies is a bad man." 

We smirk.

Clearly, Dershowitz is off his game. And maybe he has been since he retired from being a professor at Harvard Law School.

What Boies is is a lawyer. We know from the reporting of Ronan Farrow in The New Yorker that Boies will and does go to extremes in client advocacy. That's what lawyers do, at least the top ones. It's not pretty. And that could be a factor associated with the higher than average mental illness, substance abuse, and suicides among those practicing law. 

The Epstein scandal will have a long shelf life. The media will see to that.

The story meanders through New York, D.C., Palm Beach, and Prince Andrew's address in Britain. Lots of personal and professional brands could collapse.

Sherman is good at what he does and has access to the sources he needs to provide new information and insight about those in the Epstein loop.

Unfortunately, for those involved in milking the Ailes' rise and fall, the world has something much more juicy. Already ratings are disappointing for Showtime's series "The Loudest Voice in the Room."

But that's good news for Dilenschneider, et al. whose professional lives date back to a very different time. 

In media there will be no dog days of August. In legal circles, everyone will probably wind up bug-eyed following the Boies-Dershowitz feud. And we ordinary folks will again be reminded: Don't praise famous men. 

Questions: Will there be a suicide, as in the Profumo scandal in Britain? After all, Prince Andrew aka "Randy Andy" is in the loop. And, will a government topple, as had Macmillan's? 

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"Homocidal Maniac" Scott Nelson Doesn't Get His Wish - Will Spend Life in Prison

Scott Nelson referred to himself in court, during the penalty phase of his trial, as a "homicidal maniac."

As such, he requested the death penalty. He had been convicted of first-degree murder in the case of nanny Jennifer Fulford. In September 2017 he has shown up at the residence of her employer to steal. To prevent a witness from identifying her he kidnapped and killed her.

Well, justice has prevailed. As Alberto Luperon reports in Law and Crime, Nelson didn't get his wish. He has been sentenced to life in prison.

Had Nelson received the death penalty, until the day he died, he could have been a type of celebrity. For instance, those against capital punishment could have advocated in the media for his life. Yes, journalists would have sought permission to interview Nelson. Criminologists could have initiated research projects. 

Now, Nelson is doomed to being NoWhereMan in prison. The odds are he will continue to be tormented by his thoughts, as is usual with troubled human beings. 

The legal system has prevented one more criminal from becoming a star.

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Ben Crump Could Be the One to Stop Alleged Police Brutality Against Blacks

The way New York Magazine depicts Ben Crump is as the digital era's Martin Luther King who has a law degree. 

Crump has King's innate sense of showmanship and his selfless determination.

Also, through his legal background, Crump has already achieved justice for the families of black males such as Martin Lee Anderson and Trayvon Martin. 

But, Crump feels no satisfaction. Despite the headlines he helped create for his legal victims, he assesses that alleged police brutality against blacks hasn't stopped. That's his mission: stopping all that. 

Crump is an expert in how to get the right attention. Early in his law career he knew to bring into the loop publicity experts. Currently he has his own production company. 

Most importantly, like Detective Robert Goren from "Law & Order Criminal Intent," Crump focuses on the question. Recently, he knew exactly the question to ask of a black financial services executive who had allegedly been mistreated by a bank. Then that professional was arrested by the police and put in a jail cell. There he remained for hours before being allowed a phone call.

That question was: How did you feel?

It took a while for the executive to allow the answer to rise up from his soul.

Eventually, the response was: This is how it happens.

Crump could go down in history as the disruptor who didn't allow "it" to happen any more.

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The Roger Ailes Smirk - Was #MeToo Kicked Off by a Boy-Man?

Adolescent boys are practically delusional about where they can channel their sex drive.

They are also Masters of The Smirk. How many parents, even sophisticated ones, have barked out to their teenage sons: Wipe that smirk off your face.

Also, boys in those years between childhood and adult responsibility tend to be mean.

In addition, they frequently get into a pickle with the law.

As we watched Episode Two of Showtime's "The Loudest Voice in the Room" Sunday night, some of us had an ah-ha moment. Could the code about whom Roger Ails really was be broken by analyzing Ailes as a Boy-Man. The media tycoon with the smirk on his face.

Somehow Ailes might have missed that rite of passage which males undergo to leave boyish things behind. Yes, Ailes might well be a classic case of arrested development. Here is TV's summary of Episode Two. 

And, it was the play-out of that syndrome which might have kicked off #MeToo. Ailes died before any of the allegations of sexual misconduct at Fox could be proved in court. So, we will never know for certain if Ailes was the sexual predator he has been suspected to be. However the suspicions were enough for The Murdochs to oust him from Fox.

Meanwhile, this Showtime series, which re-interprets Ailes' rise and fall, could be affecting other careers. For instance, in Episode Two, Rupert Murdoch does not come across as the cunning fox he is usually portrayed as.

Here is speculation about losers and winners from Showtime's "The Loudest Voice in the Room." That programming, although not a ratings blockbuster, could havee long-term impacts on individual professional lives and media in America.

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New Form of Domestic Violence & BigDrama: Serina Wolfe's Revenge Tip

Given the media coverage Serina Wolfe's $5,000 "revenge tip" has received, this new form of domestic violence is bound to have plenty of copy cats. Who hasn't become enraged with a soulmate at some time? And this whacks that man or woman right in the wallet. 

Everywhere, service personnel will have to review unusually large tips on small credit-card purchases. The whole transaction could be delayed as the security folks at the credit card company verify the amount of the tip with the person whose name is on the credit card.

Obviously, arrests could be made right on the spot. Look forward to BigDrama at public facilities. 

As the world knows, Wolfe and her boyfriend Michael Crane had a verbal altercation. The issue was if he would allow her to put the flight from Florida back to her hometown Buffalo, New York on his credit card. 

That could have resulted in a physical assault or even death. Matters of the heart are wild cards.

Instead, the rage seemed to motivate Wolfe to push back in a monetary way. A punch right to the budget - and FICA score - of the man she (supposedly) cared about in a romantic way.

Unfortunately, that didn't turn out to be an effective way to channel her anger. Crane reported that $5,000 on his credit card to law enforcement. Wolfe now faces charges of grand larceny.

Caught in the middle is Clear Sky Beachside Cafe.

It had paid out the tip to the server. She had been despondent about the death of her dog.

Now, the burden is on the dining facility to resolve this financial matter.

Will it ask the waitress to return the tip?

Will it swallow the payout?

Will it crowdfund for strangers to help both the business and the waitress out. Those pitching in funds can receive, for instance, a 15% discount on all meals at Clear Sky. Doesn't everyone go to FL at one time or another?

Reflection: Should romantic relationships, like the privilege of driving a car, require licenses? Part of the licensing process would be mandatory training in anger management.

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Roger Ailes v. OJ Simpson - Why Some Antiheroes Get into Our Soul & Others Don't

Of course, conservative Drudge Report curated the news that Showtime's "The Loudest Voice in the Room" only attracted 299,000 viewers.

Ailes' former personal public relations representative Bob Dilenschneider is probably breathing a gigantic sigh of relief.

Obviously, those lousy ratings don't bode well for the rest of the Ailes' exposes which will be trotted out. 

That's very different from the non-stop attention showered on another antihero - OJ Simpson. The world can't get enough of him and his saga. When he started tweeting at @OJ_Simpson32, that was big news. The members of the media still are following his tweets and the responses to them.

This raises the issue - one important to all in the promotions loop - why some unsavory characters get into our soul and others aren't sticky.

I have some hunches about that.

To begin with, Ailes isn't likable. OJ is.

It was journalist Hedrick Smith who analyzed in the book "The Power Game" the correlation between likability and influence. That plays out over and over again in the criminals America turns into pop antiheroes and those who never make it into the collective memory bank. We like Ted Bundy. The pontificating crowd castigates that. We could care less. Announce that next deconstruction of Bundy's inner life and, you bet, we will tune in.

Next, trials cement legends.

We are visual creatures and the goings-on in courtrooms represent vivid live theatre. The scenes from the OJ criminal trial are hardwired into our culture.

Ailes died before any of the lawsuits against him were tried. It's unforgivable he denied us watching the camera pan on his forehead for any sweat. 

And, third, as heinous as alleged sexual harassment is, it isn't murder - not in the literal sense.

Of course, long-term abuse can kill the spirit. But, the actual alleged taking of a life is in a class by itself. Among the reasons the novel "Crime and Punishment" has become iconic is because it explores the thinking processes of a murderer.

Not all crimes are created equal. No surprise, "Dateline" specializes in murder, not #MeToo matters.

Reflection: Ailes may not be resting peacefully in his grace knowing that he isn't the big show.

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Fotis Dulos Worried about Jennifer, Believes in Legal System

In some criminal cases, imaginative defense lawyers put together an alternate theory of the crime. That is intended to create reasonable doubt in the minds of the jury.

In this one involving the disappearance of Connecticut mother Jennifer Dulos, it seems like Norm Pattis is working the emotional angle. That's in addition to the alternate theory construct.

Law and Crime provides the details on Fotis Dulos' interview with NBC.

In it, Fotis states he is worried about his missing estranged wife. After all, the defense has created the idea that Jennifer might have taken her own life. The suicide was done to inflict revenge on Fotis. That, of course, is the alternate theory. Remember when there was a reward created to find the real killer or killers of O.J. Simpson's wife and her waiter friend?

Also, Fotis takes on the persona of the Good Citizen. He notes that he trusts the legal system. That's how he will probably present himself in court: as a human being who got caught up in a nightmare but will be extricated from it by the right-thinking jurors. A truly creative defense team would have Fotis provide tutorials in the inner city this summer to youth about how justice plays out in America. 

Reflection: There is an old adage that necessity is the mother of invention. That may apply here. But Fotis eventually may turn out to have better luck with some version of the insanity plea. Allegedly law enforcement found his DNA mixed with Jennifer's.

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Legal Sector Needs a Lee Iacocca

Today the world lost a business leader who will be remembered for myriad accomplishments.

He gave youth the Mustang.

He turned around almost-bankrupt Chrysler. That saved hundreds of thousands of jobs in North America.

He knew how to put together a best-selling memoir.

And, to honor immigrants, he restored the Statue of Liberty. His parents had journeyed to America for a better life.

That giant was Lee Iacocca.

He passed on from his home in Los Angeles to that great auto show in the sky, at age 94. 

But because he was so prolific in what he gave the world there is one achievement - an earthquake in the field of communications - that is frequently ignored.

That's how he disrupted corporatespeak.

And that's exactly what is needed in much of the legal sector. Abovethelaw received and is still receiving so much attention because it ignored the stodgy stylistics traditional in just about every aspect of legal communications. 

Lee made his speeches totally conversational, decades before social media created that trend.

And his print material was direct versus the usual indirect aka safe style of Fortune 100 executives.

For example, in his oral presentations he used half statements. Even just single, stand-alone words. Contractions were standard in his speeches. And, nothing was wrong with the totally relaxed words like "gonna." 

In addition, he leveraged the tactic of shock. That was when most corporate players were predictable. At a special event the sponsor introduced him as having left Ford before coming to Chrysler. Iacocca stood up and bellowed out: I didn't leave Ford, I was fired. 

In print, he introduced short sentences, a major deviation from the convoluted structure of most business leaders. He made statements. Usually the context of most business communications had been not to say anything. He was dogmatic and imposed his ego. He refused to adopt the disemboweled corporate "we."

When Lee is finished having his say about heaven's version of the auto show, he should go to the powers that be. He will use his persuasive voodoo to no longer allow lawyers to enter. Their crime - dense, boring communications - is unforgivable.

Full Disclosure: I had the honor of serving the communications needs of Lee and some of the rest of his team ranging from Dick Dauch to Chris Steffen.

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

Now It's Dems Kicked in Butt with "Old White Man" Meme

"Old white men" had been the classic rhetorical attack on Republicans.

Now, it's being used against Democrats - and by members of their own party. In fact, the members are the ones running against old white men for the U.S. presidency.

The Guardian picked that up from the two debates and ran with it. Here is the commentary.

Joe Biden has been saddled with the old white man label. That has long been in the coming, of course. But the label, like tar and feathers, has been made to stick via youngish woman of color Kamala Harris.

Others who have showcased during the debates that they are definitely not old white men include, in addition to Harris, Cory Booker, Julian Castro, Pete B., and Elizabeth Warren.

This not old white men positioning and packaging can be used directly against the GOP incumbent Donald Trump. He is the stereotypical old white man - smug and wealthy. With Americans losing sleep about money right now, that's not the branding Trump should have.

Yes, a recession has not been officially declared but Bankrate.com documents that 56% of us are already tossing and turning at night because of angst about everything financial. That ranges from increasing trade/tariff tensions to not enough socked away for retirement. 

The takeaway from last night's debate was: Biden, as the line from "John Wick" goes, has been declared excommunicado. 

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

 

Such a Different Time in Media - Remembering Dominick Dunne's Disruptive Approach to Trial Coverage

Vanity Fair, whose parent is the distressed Conde Nast, used to create the curve.

Its print edition, with columnists like Dominick Dunne, selected and then positioned and packaged topics which influenced how the world viewed events.

Among the bigs had been Dunne's coverage of courtroom drama. That began in March 1984. He published on his daughter's murder.

Trials took on the gravitas of a medieval morality play and simultaneously served up juicy gossip. That all peaked with what Dunne did with the O.J. Simpson criminal trial.

That was then.

But Vanity Fair seems stuck back there. Recently, Axios documented the Trump Slump. That is, audiences have gone weary about Trump Anything or Everything. Incidentally, a sign of that is how little coverage of Trump Whatever before, during, and after the Democratic debates. 

Yet, on its "Trending" section of the Hive, Vanity Fair lists three Trump-related articles. One reaches back to the old feud with the now-deceased John McCain.

In addition, Vanity Fair remained fixated on the royals, especially the Fab 4. This is when the world, including the U.S., has the jitters about a downturn. What has become a concern is the once-amazing job creation machine in the U.S. Economists admit there could be a slowdown. In turn, that will flip the switch on confidence in the economy, which could be the tipping point for a recession. How severe it will be has become a central preoccupation. 

In 2017, some recall that Conde Nast lost $120 million. In an attempt to reduce costs it keeps unloading brandname publications. The most recent sale had been W. 

Is this publishing empire unable to save itself? After much trial and error The New York Times figured out that digital subscriptions were the way back into the black. But, it too was being propped up by the Trump Bump. Given the Trump Slump, The New York Times could again be a victim of a disrupted media world.

Meanwhile, Axios, which simplifies the news and has mastered short-form analysis, is scaling. The model Axios has invented is often recommended to communications clients. "This is how to present information and showcase insight about the data" essentially is what is being said.

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