Law And More

Many Brands Playing It Cool with Biden Win - Law Firms Should Be Equally Cautious (conservatives also love double stuf)

"Brands often use current events to try to do some 'real-time marketing' in social media, but many were quiet on Joe Biden’s win in the presidential race, or at least pretty oblique about it." - Nat Ives, Deloitte sponsored content, as published in The Wall Street Journal, November9, 2020.

The examples Deloitte provides include pop culture brand Oreo. On Twitter Saturday, Oreo exclaimed that it was a Double Stuf kind of day.

Yes, that signaled a celebratory sort of mood. So, sure, it's time to treat oneself to more Oreos.

But the language didn't make it impossible to double back - pun intended - to be part of other political and social ideologies. Yes, brands are being squeezed to take stands on social issues on social networks. But they are also sophisticated enough to play that game carefully. 

Law firms should be equally cautious.

Their business interests are too complex to embrace any one political bill of goods. Recall that it wasn't representing Harvey Weinstein per se that tarnished the David Boies' brand. It was the how, detailed by Ronan Farrow in The New Yorker, which put Boies and his firm Boies Schiller Flexner on a downward trajectory. Partners began fleeing.

Currently, it is not uncommon for a law firm to develop a signature for social justice and to defend clients who allegedly were bad actors with minorities.

From the get-go when COVID-19 became a reality, Paul Weiss chairperson Brad Karp was on the front lines creating unique help strategies. One had been the Coronavirus Resource Center. To pull that together, Karp had to get myriad other lawyers at myriad other law firms to cooperate. Yes, like herding a bunch of cats. But that he did.

Right now, a Paul Weiss partner and woman of color Loretta Lynch is defending McDonald's USA in the class action lawsuit "Christine Crawford, et al. v. McDonald's USA." Here is a copy of the complaint.

The more than 50 former black franchisees allege racial bias on the part of the defendant impaired their ability to succeed. Lynch, in arguing to dismiss, contended that it was in McDonald's USA's financial self-interest to help not neglect black franchisees. In addition, she pushed contract law. There had been nothing in the contract guaranteeing success. 

This lawsuit, along with the media coverage, has legs. Bloomberg reports that a second similar lawsuit was filed by current franchisees. The lawsuit is "Byrd v. McDonald's USA." Yes, there could be additional lawsuit filings, with the same kinds of allegations about racial bias. 

This McDonald's USA cluster could attract as much attention as the gender bias lawsuit "Tolton, et al. v. Jones Day." Here is one version of the complaint. There have been several amendments. That means that every entity in the defense loop could be put under a media microscope. Those include law firm Paul Weiss itself, Lynch (and her team) and Karp. 

Returning to the now-infamous "Tolton." The court of public opinion became so riled up with the issues embedded in "Tolton" that the normally circumspect Jones Day posted an extensive statement about it on its website. Here is it. 

It seems obvious that since law firms are brands - quite powerful ones - they have to be as wise as consumer ones in how they position and package their political opinions. Look at it this way: Oreo recognized that conservatives here in northwest Ohio love dunking their double stuf in milk as much as progressives on the coasts. Neither could be alienated.

On the other hand, there could be a disconnect between The Brand and The Business. At least for some law firms. The classic example of that has been Jones Day's representation of issues related to Donald Trump. More recently, it, along with Porter Wright, is filing lawsuits in Pennsylvania contesting the election results. Its brand has taken hits. But not its business.

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

Influencers Cited in Investor Earning Calls - How Do You Like Them Apples, Heidrick & Struggles

Influence is the currency of the second decade of the 21st century.

So, it shouldn't be news - as it is on BusinessInsider - that influencers are being cited in investor earnings calls.

Before Heidrick & Struggles' earnings call Monday at 5 P.M. (after the market had closed), there was plenty of traffic on my syndicated legal blog for posts in which I analyzed that corporation. Here and here are two of the articles which were linked to most often.

Google selected the latter as one of its Featured Snippets:

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Dog Fight in Search - Heidrick & Struggles "Like industries across the country, and the world, executive search was devastated by the initial impact of the COVID-19 crisis. But a newly-released Q2 report on the industry by recruitment software developer Thrive suggests that recovery may be closer than many people expect."

Law And More: politics

lawandmore.typepad.com/law_and_more/politics/

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I had been tracking Heidrick & Struggles because I had two encounters with them (in one day) of the strangest kind. I am still undone. 

A beautiful outcome of the impact of influencers on investors is that it's in a corporation's self-interest to treat everyone, including a potential vendor such as myself, with extreme respect. That vendor function may just be our day gig. Our passion could be some version of The Good Fight.

I leverage my influence to support the little people - The Davids who too often get crushed by the Goliaths. 

BTW, I was on the money in predicting Q3 results would be a disappointment. Heidrick & Struggles had a net loss of $26.2 million. Here is that report.

You bet. Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

 

Ultimate Influence - Being Leaked To

The sustained edge Abovethelaw has is this: Junior lawyers and law students anonymously transmit information that their employers or professors would prefer not be disclosed.

Some argue about the ethics of all that.

However, it's a process many others in legal media and social networking wish they could loop into.

Not everyone might view this as a positive development in my legal communications but ...

In the past few weeks anonymous sources have been confirming stories I posted as "reported." That is, I admitted I hadn't had enough to go on to label the content as "fact." 

This kind of information transmission hasn't been routine since I had blogged a major class action trial in 2005 - 2006. Back then there were not only leaks. There were useful recommendations on angles I could be taking. 

In any event, thank you leakers. You can reach me more directly at janegenova374@gmail.com.

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

Ok, Boomer Partners, Leverage Nostalgia to Develop New Business

The past is a known - unlike these very uncertain current times. 

Also, the mind tends to sort through that memory bank and select out happy moments. An example might be trying out Coca-Cola's new product introduction - Tab. It might have been with young friends.

No surprise, across Americana, there is mourning for the disappearance of Tab from our lives. BusinessInsider reports that announcement from Coca-Cola triggered widespread nostalgia.

That collective feeling reflects the nation's current return to heavy-duty nostalgia. 

Yes, the market for reaching back to what seemed a golden age (or at least lots better than 2020) is a growth one. 

Businesses which can embed them in their product/service offerings can thrive. 

Entrepreneurs can create whole new lines based on the nostalgia meme. 

Marketers and public relations representatives can leverage nostalgia into the messaging for clients. The iconic way that had been done was in the Kodak Carousel campaign developed by Don Draper on "Mad Men."

Individuals can also cash in. This is ideal for law firm partners searching for fresh ways to get the attention of prospects for new business.

Think about it. A platform for networking can be to create and strengthen bonds through shared memories. That can be done easily through commenting on LinkedIn Updates and Twitter.

Ok, Baby Boomers from the unique late 1960s and early 70s would probably welcome circling back to that period of extreme optimism. Also, reaching back into history has become effective in your podcasts, blogs, YouTubes and speeches. Right now there is rebellion against the assumption that the past is passed. Law partners can become downright philosophical. Likely, many of you had been English majors (there was such an entity back then).

Trends come and they go. The nostalgia one is, of course, a use it or lose it. In the present it's a power tool for partners in their law firms and in their personal branding. 

The Future of Work. Ghostwriting on those issues and coaching for job search, transition, personal branding, re-entry after recovery and reputation restoration. Sliding scale fees. Complimentary consultation (janegenova374@gmail.com)

History Is Back - However, It Never Left the Legal Sector

"A bit of perspective.

"Forty years ago (January 1981—think Reagan/Thacher, the introduction of the original IBM PC, and the recent death of double-digit inflation at the merciless and brilliant hands of Paul Volcker), the S&P 500 was 29% made up of energy by market cap.  In 2008 (the GFC), it was still 17% and oil was at $140/barrel." - Bruce MacEwen, "Build Back Better." Adamsmithesq.com, October 12, 2020.

Obviously, Bruce MacEwen is reaching back into the past to make a point about the present - and future.

In the beginning of the cancel culture such as strategy would have been, well, bold. The ethos back then mirrored the dismissal of history by Henry Ford. He blew it off as "bunk." 

Maybe it's the craziness of living on planet earth since March of 2020. Maybe everything is cyclical. But the interest in history has boomeranged back.

Help-wanted ads on Craigslist, for example, are growing in number for the old-fashioned kind of historical research. Not just doing the Survey Monkey thing.

Also, finally, when I attempt to add value to my publishing by including trends from the past, that is getting attention. Lots of it. 

For example, in PinHawk Marketing Brief there is a link to my post - highly historical - about how the patterns of layoffs in BigLaw are dead wringers for what occurred in Corporate America from the late 1970s through the late 1980s. The combination of technology and cost-cutters like Jack Welch disappeared our good jobs. Here is that post. Traffic to it has been heavy. 

So, those in the business of persuasion, yes, use historical data as rhetorical tactics.

Meanwhile, those in the legal sector probably are smirking. The industry operates on a platform of precedents. Sure precedents are overturned but not before they can unleash tremendous power. 

Given the return of history to Main Street, lawyers might take a side door to developing brandnames by giving Ted Talks, blogging, podcasting and becoming a social network influencer discussing how history can cast spells. How to leverage that. How to exorcise the bad parts. And, of course, what to learn 

They can segue into the narratives by citing the profound pull power humans' own family histories have on them. Just consider the saga of feuds. The speakers can show a clip from "The Godfather."

Reflection: Could this revival of history signal we are returning to the age of reason?

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

 

Howdy, Partner at Heidrick & Struggles - Shareholders Might be Puzzled by Use of Resources (and more)

The  current business model for cost-efficiency is to push down responsibility and accountability to lower-paid but highly trained resources.

In healthcare, for example, for five years I have been served well by physician assistants. Not medical doctors.

Tuesday, one issued me a prescription for an antidepressant. The intake was efficient and comprehensive. No, I didn't have to consult (and pay for) a mental health specialist.

So I was puzzled in my encounter with search/executive development corporation Heidrick & Struggles to be dealing with a partner. 

After all, I was applying for a part-time contract coaching opportunity. Here, let me introduce myself - Download ReimaginingYourPersonalBrandwithJaneGenova

No, I wasn't applying for a permanent full-time C-suite position such as Senior Vice President of Search.

I approached Heidrick & Struggles through an unsolicited resume, transmitted via email.

I learned that very effective tactic from "What Color Is Your Parachute?" by Richard Bolles.

Back in the late 1970s when I read that career guide (it's updated annually right up to the present time) I tried it out.

Within three weeks I catapulted from nonprofit to the private sector. My compensation went from about $11k to $22k. I received a country club membership. My superiors assessed my developmental needs, rotated me around the company and flew me to specialized training. Days of heaven. 

In the late 1980s, when I launched a boutique, I again leveraged that way of pitching. Within seven months I was earning $30k more than I had been grossing in corporate (healthcare insurance was very affordable then so that wasn't a significant expense I had to deal with in self-employment).

But there is plenty of rejection or just no-response in that mode of a search for work. So, I was over the moon when Heidrick & Struggles responded to my pitch. It listed three time slots for the one-hour video interview. That was a Monday. 

The standard MO, at least in my experience, is for the company to lock in automatically the time as soon as you indicate you continue to be interested.

There was no such notification all day Monday.

Nothing Tuesday.

I figured, perhaps wrongly, that the on-the-ball thing to do was to follow-up. That I did on Wednesday.

The rest could forever remain a darkness in my memory bank.

Get this: A partner was in the loop. He was a point of contact on the email.

That partner responded. And, that email response was with a tone and content I never had expected. Also, I hadn't bumped into anything similar in my decades in professional life.

Immediately, I responded by email that I seemed not to be a fit for Heidrick & Struggles, withdrew my application for assignments and cancelled an appointment that was then made after I had made the contact.

First let me tell you: I am from the mean streets of Jersey City, New Jersey. That ability to "roll with the punches" is embedded.

In addition, I had been socialized by the Frank Hague political machine. I understand how power operates.

However, after the partner's email I speedcycled through two anxiety attacks.

No, I am not a cry-baby. But I decided to share that experience with Heidrick & Struggles' human resources, the legal department and the chief executive officer's office.

The response came from Heidrick & Struggle's in-house legal department.

I experienced that email as lacking human connection. To me it also seemed inward looking, not focused on me.

Specifically, I perceived it not aligned with the investing ESG ethos of including people in what business is about. That is, going beyond the one-dimensional bottom line or the total focus on maximizing profits. ESG is also called "the triple bottom line."

As I noted, I have been on medication for clinical depression for three days. It should kick in another week or so.

I know from my legal training and being a syndicated legal blogger, that it is inappropriate to even suggest a correlation between X and Y, never mind a cause-and-effect relationship. I am not making any accusations. It is indeed possible that the anxiety attacks and the clinical depression are just the result of the reality that life is an existential tragedy. 

But I also know, as an investor myself (but not in Heidrick & Struggles), that it is curious how this corporation seems to function.

Recent analysts' decisions about the stock should raise concerns. In Q2, Nuveen Asset Management lowered its stake in Heidrick & Struggles by 14.6%. Zacks Investment Research changed its rating from "buy" to "hold."

Why am I sharing these two encounters with you?

My mission is that this sort of thing doesn't happen to other vendors to this corporations and other firms in professional services. It can stop right here.

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

Post-Trump World: Legal Media Probably Won't Collapse (like general media could)

For more than five years the Donald Trump political phenomenon created what Tom Eliot calls in Vanity Fair the "gravy train" for media. That is, the general media, ranging from broadcast to old-line print. 

Trump himself understood his power in boosting viewership and even making some journalists stars. In essence, he warned them that if he goes away so do they.

Specifically he singled out The New York Times as transitioning from failing to failed. Incidentally, others share Trump's perception that NYT had been on life support before he parachuted into the scene and could be back there if he is no longer clickbait. A foundation might have to take over the funding for all the news that is fit to print.

But, those in legal media likely are not concerned about their future in a post-Trump world. So much of it is niche-oriented, exploiting the need for research, information, insight and connection in very narrowly defined space.

For example, Abovethelaw's audience primarily consists of law students and junior lawyers. The relationship is highly symbiotic. The digital-first publication relies on them for anonymous tips. They, in turn, derive extreme satisfaction from playing a role in having power brokers in the legal sector publicly shamed. A good time is had by all. As long as ATL can hang on to those sources it will be just fine.

Meanwhile, on broadcast television, the theatrical "Court TV" captures the eyeballs of laypeople fascinated with crime, trial and punishment. Panels explain and debate points of law. Established is a collective ethos of appreciating that miscreants get theirs. For many the programming is downright addictive. 

Syndicated legal bloggers like myself often had to struggle to identify a niche with staying power. My first one - lead paint as a public nuisance - eventually ran out of steam after four years. For a while I was in limbo. Not a good place to be.

Then, through trial and error, I landed in the career space - Download ReimaginingYourPersonalBrandwithJaneGenova.

That was a gift from the universe since there is so much angst in the legal and myriad other sectors about how to earn a living.

So, those of us playing in the legal media sandbox will probably be able to keep our toys and keep playing. 

As for those in general media, they might experience a Stalin-like purge. The sector had already been downsizing significantly. According to Challenger, Gray & Christmas, in the first six months of 2020 and only in the newsroom category, 11,000 jobs were lost, reports Axios.

Media, some contend, is the most powerful institution in the world. However, it is not immune to large-scale reductions in force. 

The work world has become unforgiving. You may be among those who have to reimagine your career. Affordable coaching.  Make an appointment for complimentary consultation (janegenova374@gmail.com)

 

Legal Marketers - Tell How Your Law Firm Is Pivoting

The term "pivot" will peak.

And then another word will replace it.

Those still putting out there "pivots" will sound like yesterday.

But, currently, everything, such as careers, must be positioned and packaged as "pivots." Not doing so dooms the speaker, texter, emailer, journalist, thought leader or politico as out of the loop. That also applies to those playing in that very special sandbox: legal marketing. 

As legal marketers and the lawyers they promote know: We are our language.

It had been Donald Trump's use of workingman's language that catapulted him onto the global radar. Immediately he differentiated himself from the typical potential presidential candidate. And the media, which served him so well back then, moved in to take a closer look. 

 Next week I'll be pivoting to the next in my communications career. That's because this week I had two articles published, for my own byline, in third-party media. This is the one on how COVID-19 is reshaping marketing. 

Takeaway for legal marketers: Boost attention. Tell the world about your law firm's pivot. It doesn't have to be major. Just some new wrinkle on WFH. 

The Message Glut. You need bold strategy/ghostwriting. Let’s talk about what will work. Please contact janegenova374@gmail.com.

Transparency in Online Political Messaging - UK Proposes Labeling (Can that happen here in broadcast?)

From websites to podcasts, the UK is seeking for transparency in online political messaging.

Today, reports TechCrunch, the Cabinet Office issued a proposal for the public to review.

If enacted it would mandate labeling of all online political campaign communications.

What would be disclosed are both who or what is behind the promotion and who or what is ponying up the funding.

The public has until November 4, 2020 to respond to the proposal, which you can read here.

It is not unthinkable that a similar movement could catch fire in the U.S. The focus would be partisan broadcasting. Programming would be analyzed for how much content typically represents political campaign messaging. If a certain percentage is measured to be embedded in the daily broadcasting, then there would have to be disclaimer slapped on it. Such could read "Promoted by X and funded by Y." 

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.

Yes, Lawyers, Blogging Still Generates Good ROI

Blogging requires time.

Not as easy as dashing off a whatever on a social network like Twitter.

Also, blogs are a mature medium.

But they still pull in a lot of new business - and motivate former clients to return.

As many know, there is a severe shortage of bicycles across the U.S. In a blog post I told my story of how, despite that, I did find a 24-inch woman's bike, along with how I re-learned to balance on two wheels. 

Yes, the blog post did help bring in a new account. It's an e-bike business. 

So, yes, lawyers, keep blogging. If you lawyers or law firms are considering starting a blog, yes, do that. The time invested can have an excellent ROI. For instance, I also earn royalties from syndication and cold hard cash from being a paid influencer.

Place your paid sponsored content on this blog. Here are 6 tips for search engine optimization (SEO) in 2020. Contact janegenova374@gmail.com.