Law And More

"The Good Fight" - Fun Look at Law Firm Business/Politics, Litigation Financing, Class Actions, False Confessions, and More

"The Good Fight" is the sequel to "The Good Wife."

Tonight it became available network television, on CBS, at 9 P.M. New York Time.

Since 2017, you could view the pile up of the seasons' episodes only through CBS Streaming Service on CBS All Access.

The programming kicks off with Diane Lockhart announcing her retirement at Lockhart & Lee. Of course, the Lee part is jubilant.

But soon Diane discovers her entire nest has been part of the Henry Rindell Alleged Ponzi scheme. An invitation-only investment scam, many powerful players also have lost their money.

When Lockhart asks for her job back, the answer is no. In the legal community, because she had introduced people to Rindell she is poison. No one will hire her.

Salvation comes in the form of an offer to join African-American law firm Reddick, Boseman. She brings along with her Rindell's daughter Maia, who had started out at Lockhart & Lee, but was fired and also is poison everywhere else.

Unlike more traditional firms, Reddick is a raw hustler. They pitch possible class actions to litigation financers who use algorithms. The variables fed in include such matters as what judge would be overseeing the case.

On her first case, Maia encounters the now-popular in the media issue of false confessions. She and a Reddick colleague even attend a seminar on a method to elicit a confession, even if the person interrogated isn't guilty. 

Along side all the legal issues are the emotional, social, and spiritual ones.

Diane can't forgive her estranged husband - Marlboro Man - for his sexual affairs with students. He wants to remain part of her life. She wants that door closed. She files for a divorce. In a sense that is also a generous gesture because divorce means that his accounts won't be frozen during the investigation of the Ponzi scheme.

Meanwhile the only way she can navigate losing both her wealth and her law firm is to be open to change. She's softening around the edges.

Maia, after a charmed childhood and early adult years, encounters extreme adversity. Lots of folks figure she was in on the Ponzi scheme. Her lesbian personal life finds its way onto social networks. She loses her first case and the litigation financers' algorithm tells them to bail out of the class action. 

Henry, who had been Diane's close friends, claims he's innocent. He's in jail. His wife is already in bed with someone else.

The major takeaway from "The Good Fight" is that everyone is imperfect and some of them are more imperfect than others. Watch out for the latter.

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

OJ Simpson's 1 Tweet vs. Alan Dershowitz's Too Many Appearances on Fox

Will OJ Simpson emerge as a highly paid social network influencer? Maybe a political commentator on broadcast? Like Betty White, a presence in the aging niche? Or, maybe, just maybe, a pitchperson on network television commercials for this lawyer or that lawyer. We can hear it already: If you have used Roundup ...

From his Father's Day video on Twitter, it's obvious OJ still has the charisma. Here, you can view the slimmed-down OJ tell the world he's back and will be talking about everything from fantasy sports to, yes, politics. Within an hour it received 673,000 clicks. Currently there are more than 7 million.

Through the Twitter handle @TheRealOJ32, the disgraced star is rebuilding his brand. 

That brand could wind up to be bigger than those of his lawyers such as Alan Dershowitz who successfully defended him in his murder trial.

Will that irk members of the Dream Team, some of whom seem to be struggling to keep their own brands from fading? After all, former admirers of Dershowitz's legal skills wondered what was the political pro-Trump clown act about. Then, more recently, Dershowitz goes on record as saying that if Democrat Joe Biden runs for U.S. president against the incumbent, he will support him. 

OJ could become the most iconic antihero in American pop culture. This Father's Day weekend, ambitious PR types could be knocking out articles analyzing the dynamics of this comeback and providing best-practices bullet points.

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

Facebook Lawyers - Obviously, They Didn't Adequately Educate Employees about Email Perils

"Facebook Inc. FB -1.81% uncovered emails that appear to show Chief Executive Mark Zuckerberg's connection to potentially problematic privacy practices at the company, according to people familiar with the matter." - John D. McKinnon, et al., The Wall Street Journal, June 12, 2019. Here is the article

Those emails are popping up as the Federal Trade Commission investigates that social network.

An example of a possible smoking gun among the email dates back to April 2012. Regulators are analyzing it and its implications. In it, Zuckerberg questioned employees about an app that could stockpile user information in a database and have all that displayed on the Facebook site.

Eventually the decision was made not to continue development of that app.

However, the social network allegedly didn't adopt an aggressive stance for looking into the larger issue of user privacy. Instead the focus allegedly was on adding advertisers. User information, as many know, can be useful for advertisers to target exactly the right individuals.

This investigation could result in more than a multi-billion dollar fine. Irate constituencies, ranging from members of Congress to Facebook users, want punitive action. That could be generated by a lawsuit.

The elephant in the room on this one is this: Where were the Facebook lawyers? Didn't they hammer employees about the extreme peril of emails? They have been discoverable from almost the get-go of the digital age. To them have been added text messages.

For example, in his October 7, 2013 The New Yorker analysis of criminal mess and bankruptcy law firm Dewey LeBoeuf, James B. Stewart has a section on "Problematic Email." Readers of that article probably smirk: Lawyers should have known better.

Clearly, a hyper-successful corporation like Facebook should have anticipated that it would be a target - including of regulators. Employees should have been trained how to avoid including in their communications through all mediums what could be used against their employer. That training should have been updated on a regular basis.

Full Disclosure: As a result of covering a major public nuisance trial, I was caught in the crossfire between two law firms. When dragged in to be deposed, I spotted on the conference table print-outs of many of my emails related to the litigation. For hours I was drilled about their content - and tone.

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

 

The 2019 Internet Report - Presented by Mary Meeker

This is the 24th year that iconic analyst and investor Mary Meeker is presenting the Internet Trends Report.

Here is this year's, published by BusinessInsider.

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

First Comes Marriage, Then the Baby Carriage - Elizabeth Holmes Reportedly Tied the Knot with Hotel Heir Billy Evans

A source reports that Elizabeth Holmes, founder of collapsed Theranos, tied the knot with hotel heir Billy Evans. Here are more details from the media.  

If that rumor is verified then it's possible that Holmes could show up for her trial pregnant or positioned and packaged by public relations experts as a loving mother. She faces 11 criminal felony charges. 

Meanwhile, she doesn't skip a beat enjoying the good life. That's despite losing her own entrepreneurial fortune. Also, hubby can help with the legal bills.

As many recall, at one time Holmes had celebrity lawyer David Boies on the Theranos payroll. He also had been a board member. Then, the media reported, they split over a dispute how to handle a regulatory issue.

The whole venture was a kind of ship of fools. Also on the board were big Brandnames such as Henry Kissinger who didn't know anything about technology. Will he and other white old men be dragged into court to testify? What fun it could be to observe David, Henry, et al. squirm.

Not since the gender-discrimination trial "Pao v. Kleiner Perkins" will Silicon Valley's dirty laundry be exposed to public view.

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

 

"Tolton, et al. v. Jones Day" - Its High Profile Just Got Lots Higher

Through public relations stumbles by defendant Jones Day, class action gender discrimination lawsuit "Nilab Tolton, et al. v Jones Day," went high profile. Here is a copy of the complaint. The plaintiffs are represented by Sanford Heisler Sharp.

Jones Day's major error in crisis communications had been pushing back with a ham-handed statement on its website boasting about its record for respecting and rewarding female talent.

Its tone and content look inward - not outward at the alleged suffering gender discrimination causes, both throughout the legal sector and at Jones Day.

Those in public relations vividly recall how the chief executive officer of BP Tony Hayward was vilified when he focused on himself not the implications of the oil spill. He later apologized. Yes, Jones Day might consider deleting its April response to the litigation.

The most recent development in this litigation saga has raised its profile even higher. 

As Ryan Lovelace reports in Law.com, a former Jones Day associate Jessica Jardine Wilkes who is now product counsel at Facebook joined the class action. She had been employed at Jones Day from October 2014 through September 2016. She took another job before joining Facebook in 2018. 

This move is significant for myriad reasons.

At the top of the list is that Wilkes is putting her career on the line. Participating in a lawsuit against a former or current employer is risky. Kerrie Campbell was forced out of her law firm at which she had been partner. She went on to form her own law firm which, LinkedIn Updates flags us, it celebrating its 2nd anniversary. That Wilkes is taking this risk adds to the credibility of the lawsuit.

The next factor about this development is that it brings the Facebook brandname into the loop. In itself that will attract plenty of publicity. 

And, third, another actual person has gone on record as being part of the plaintiff class. An issue in this litigation has been the presence of the Jane Does. Jones Day is fighting that. It's also a matter of controversy in other lawsuits. 

It is well known that Jones Day operates as a black box. Therefore, it has plenty to worry about what could come out in a trial. The odds are that it will have to settle. International legal media and the business community would follow that trial closely. Jones Day likely doesn't welcome that kind of media circus. Media is probably the most powerful global institution.

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

It's Back! Drudge Report's Flashing Blue Light

The headline the Drudge Report wants to scream out for attention is: "Illegals Mock Trump 'Deal.'"

To do that the digital media outlet has gone back to having its Flashing Blue Light.

The Drudge Report, as a digital native, got on the radar fast back in the 20th century. That was when it broke The Intern Story, which came to be known as Monicagate. The site became popular but not very sophisticated. It was raw in promoting conservative points of view.

Many seasoned media types made fun of it, especially its Flashing Blue Light.

Eventually Matt Drudge, et al., ditched the light. The news it curated became more balanced. Featured, even in headlines, were negative developments about conservatives. No longer did it seem the mouthpiece for the alt-right.

Now, though, the Flashing Blue Light has reappeared. And it isn't even the dog days of August with little news. 

Issue: Will the Flashing Blue Light remain? Perhaps television anchor David Muir will ponder that question tonight on ABC's Evening News. 

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

CA Judge Doesn't Toss Class Action Lawsuit Brought by Conservative Job Applicants Against Google

Last week was a legally disappointing one for Google.

It remains stuck, at least for now, with a complaint contending systemic bias in hiring of conservative job applicants. The trouble is not just the litigation itself. It is also how its allegations can become a tipping point for rich and powerful conservatives to push back on Google. 

Google's lawyers at Paul Hastings failed to convince presiding judge Brian C. Walsh of the Superior Court of Santa Clara County, California of its  position.

Some may recall that it was a bench trial in Santa Clara which nailed several former lead paint players - e.g. Sherwin-Williams - for creating a public nuisance. The U.S. Supreme Court refused to review that conviction.

Google's stance in the job-hiring alleged bias lawsuit is that there is "no reasonable possibility" to identify as a class those who believe in a certain political ideology. Judge Walsh did not agree. So he did not toss the litigation, which is represented by Dhillon Law Group. Here are more details from Alaina Lancaster at Law.com

The litigation is the class action lawsuit, first filed by Google engineer James Damore. It alleges that Google's hiring practices are biased against conservative applicants. Since then Damore has dropped out of the lawsuit to pursue arbitration with the company. 

A subtext of all this is that Damore had been fired by Google for distributing a manifesto "Google's Ideological Echo Chamber." That termination raised the general question about the line which separates protected workplace speech from speech that creates a hostile environment. Here is more on that.

Plaintiffs in the litigation have a long way to go before the complaint could reach a courtroom.

For example, Judge Walsh made clear that his decision does not mean that class will be certified.

Also, he insisted that nothing should be read into his commentary that Google's recruiting and hiring systems are geared to discriminate against those with a certain ideology. In essence, all he did was allow the litigation to remain in the legal system.

The next big nut to crack for both sides is to come up with a compromise agreement about how the discovery process will proceed. Judge Walsh met with them on that. One issue, for example, is to define what is a "political conservative." That is much more difficult that identifying a member of a race, ethnic group, or gender. 

The issues in this litigation are, of course, quite timely. There have been allegations that a number of social media platforms suppress conservative points of view. This will be a major concern in Election 2020. Expect alt-right broadcast anchors to be the loudest voices in the room about alleged digital bias. 

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

So, What Went Down at Google After 2018 Walkout?

The 1950 Japanese movie "Rashomon" played out how how many different perceptions there can be of the same incident.

Currently there might be the same phenomenon at Google.

The question is: Did employee Claire Stapleton wind up burning bridges when she co-organized the 2018 walkout? It was to protest how the corporation handled alleged sexual misconduct. A bigwig at Google - Andy Rubin - had been accused of that. On his way out he was given a multi-million-dollar package.

In a post on Medium, reports Daily Mail, Stapleton contends she is leaving Google because there has been retaliation for her role in the protest. That included shunning. Pregnant, she also wants more time for herself.

Google says there was no push-back. In fact, it gave her the "Culture Award." 

In addition, there are all the onlookers out here.

Do some perceive Stapleton's organizing activity as not at all smart? After all, she had a job most would kill for.

And, do others view her as a hero of #MeToo times?

Meanwhile, we recall when former Uber employee Susan Fowler posted on her blog about alleged sexual antics and retaliation at that business, things went her way. Here is that post.

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

 

BigTech & Antitrust - State AGs Could Parachute in

BigTech is under attack. 

It's for many issues.

But where the DOJ, FTC, and Congress have stepped up their focus is on alleged antitrust. 

Now, there is a new player in the loop, reports John D. McKinnon in The Wall Street Journal. That's the state attorney general.

The impact could be huge.

After all, the litigation against BigTobacco and the companies previously in the lead paint industry began on the level of the state attorney general. Currently, that same momentum, as in Oklahoma, is directed at manufacturers and marketers of opioids. 

According to sources, about 12 to 20 state attorneys general could become involved in probing consumer and competitive matters related to BigTech. Among them is Louisiana's Jeff Landry.

It should be obvious that participating in this kind of initiative can be a smart career move.

For instance, when he was attorney general in Rhode Island Sheldon Whitehouse kicked off the iconic lead paint class action public nuisance litigation against companies such as Sherwin-Williams. Copycat litigation popped up in other states. Soon enough, Whitehouse was a U.S. Senator. He even had taken a shot at the U.S. presidency but didn't make it.

Given the high career stakes, what is happening at the state level against BigTech is the story the media, advocacy groups, venture capitalists, and, shareholders shouldn't miss following.

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