Law And More

Okay, We Can Now Rule Out Returning to Jones Day for Megyn Kelly

Let's cut to the chase.

With 4.06 million tuning into her first interview since parting way with NBC, Megyn Kelly is well on her way to a comeback. Here are more details from Mediaite. 

That interview happened on Fox with Tucker Carlson.

So, those starting to connect the dots on Kelly's Next see a possible return of Kelly to Fox. She can parachute in for the analysis of the dynamics of the 2020 Election.

But Fox is only one option.

The Hollywood Reporter noted that Shari Redstone has also been talking with Kelly. If the merger of Viacom and CBS goes through Redstone could launch a conservative channel to compete with Fox. It would create new kind of value in conservative broadcasting by adding streaming.

These developments put the kibosh on any fantasy that Kelly could bounce back to her original career path. That had been practicing law at BigLaw firm Jones Day. In her book "Settle for More," she recalls the too-long hours. On the way driving to the firm she would daydream about breaking her arm and not having to do "it" (being a law associate) for a few weeks.

America is the nation of many chances. This blog wishes Kelly the best in her third shot at finding a sustainable fit in a job. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Has Megyn Kelly Made NDAs an Issue at NBC, as Vanina Guerrero Did Mandatory Arbitration at DLA Piper?

Hollywood Reporter noted that sources said Shari Redstone has talked with Megyn Kelly.

It was about a possible role in a conservative channel, if and when Viacom and CBS merge, to compete with Fox. Its edge would be that it facilitated streaming. Earlier, some media had reported that Roger Ailes, after being ousted from Fox and before dying from an accident, was also planning to launch a Fox competitor.

Yes, Fox is a a target among the ambitious. And it was on Fox, with its unique format, that Kelly had thrived.

So, there is a possibility that she could orchestrate a roaring comeback.

Confirmation that she's ready to put that together was her interview on Fox with Tucker Carlson. You bet, media such as the Daily Mail gave it plenty of coverage.

In the beginning of the interview she was stiff. That showed that the kind of skills she had at Fox atrophied. Soon, though, she got into her game.

It pays to attack, that's the mode of conversation on Fox.

And that she did.

The targets ranged from anti-Trump liberals to NBC keeping alleged sexually abused employees bound to the non-disclosure agreement.

Regarding the latter, this interview could blow up NDAs as a major issue at NBC. That could be analogous to how Vanina Guerrero made mandatory arbitration a high-profile one at law firm DLA Piper.

Kelly played the Good Mother card. Her contention was that she has remained unemployed to care for her three children. She said she realized she was missing their growing-up. 

If the Redstone plan doesn't pan out, likely Kelly will land someplace else. She is back out there. Now all she has to do is be hired.

The question is: Will she screw up the next opportunity? As both her NBC shows were failing she could have changed but didn't, at least not enough. In this ever-shifting world, the capacity to change is essential to holding onto work. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Theatrics Escalate in Dispute Between DLA Piper and Vanina Guerrero

The theatrics generated by Vanina Guerrero's mission to have allegations about Louis Lehot settled in court, not arbitration, and her employer DLA Piper's responses are escalating - exponentially.

The latest bit of drama is that DLA Piper has put her on paid leave.

As Time reports, she has been told to not come into the office and to not communicate with clients. Her email had been shut down before she possibly could send another open-letter type announcement about this new development.

The reason for placing the junior partner on leave, the law firm states, is that in its investigation of Guerrero's claims about Lehot's sexual behavior other serious issues about her own conduct have surfaced. They are not related to her contentions about Lehot.

The law firm would not be specific. Therefore, Guerrero is not aware what in her previous conduct at the law firm has created this new issue.

Earlier, other theatrics have included the abrupt parting of ways between the law firm and Lehot.

Also, media outlets have covered that the firm is still sticking with its mandatory arbitration policy. That is despite the reality that a number of other law firms have backed away from that. That seems odd.

Also, there was the matter of the two open letters sent by Guerrero. One was distributed internally. The other was routed to high-profile U.S. Senator and presidential candidate Kamala Harris. That communications strategy during a legal dispute is controversial. 

A fallout from the drama is that both the brandnames of the law firm and of Guerrero could be damaged. Those following this saga can declare: A pox on both their houses.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Law Firms - Will They Be Unable to Recruit iGen?

Members of iGen (born in 1998 and beyond) grew up only-digital. 

So, the findings of a global survey by DfK, as reported by BusinessInsider, should alarm the tech industry.

In addition, they have game-changer implications for marketers and employers, especially those operating on the never-off mindset. Think the traditional law firm.

Essentially, iGen isn't big on i.

Only 34% feel optimistic about the impacts of technology on society. Although 60% has trouble breaking free of the digital connection, more of them than millennials don't want to be tied to digital devices so much. 

The buzzword for this trend is "tech fatigue."

Given that soul-weariness with tech, marketers have new marching orders. Instead of pounding 'innovative," the message should be about other product/service attributes iGens want.

For instance, rather than tout that the phone is off the charts in tech upgrades, focus on the bulletproof low-cost insurance the service provider has created for phones.

Distressed brandname office supply retail should take down the sign "computer diagnostics." In its place can be put "Let's talk about cheap solutions for your slow laptop/devices speed."

In the workplace, a pull force in hiring can be the guarantee that employees can and do unplug. In fact, there is, the recruiter explains, software installed which rolls over any i-messaging to those officially on-duty.

As is well-known: Each response made while not officially working can suck away creativity and loyalty. Cognitive processes can be affected also. Resentment eats into the brain's wiring. 

A huge step toward addressing the mental illness problem in the legal sector could be to establish off-hours, with no exceptions. Sometimes those manifest themselves not through clinical depression, substance abuse, and suicide. They can play out as plain-vanilla career-enders such as embezzling or sexual antics. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

3 Reasons Why Law Firms Are Targeted by Hackers

 An investigation by Law.com found that more than 100 law firms have reported data breaches since 2014. They range from BigLaw firms such as Proskauer Rose to boutiques like Sanford Heisler Sharp. Here are more details from Law.com.

That number only represents those law firms which had reported the breaches. Laws about that vary from state to state. Not all require reporting.

It is well known that hackers target law firms. The 3 major reasons why are:

One, law firms contain client information useful to the bad guys. That can be confidential data about a possible merger which can be a money-maker for insider trading. Other types of information could be useful for a blackmail scheme. 

Two, the odds favor that law firms will pay ransomware. After all, that would be less costly in the long run than losing clients who find out their information has been exposed. Data breaches can siphon off brand equity.

And, three, the incidents may never be reported to law enforcement. If the state law doesn't mandate it, law firms may keep totally quiet about a possible or actual attack. Therefore, hackers feel "protected." It's not in the self interest of most law firms to rat them out.

There's a bit of irony in the reality of the growing number of cyber attacks on law firms. The same law firms which are hit frequently offer some kinds of cybersecurity services to clients.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Fox News - Will Shari Redstone Be Its First Real Competitor?

Right now, the merger of Viacom, run by Shari Redstone, and CBS still has to be approved by regulators.

But, even before that happens and there is officially the ViacomCBS, Hollywood Reporter sources indicate Redstone is contemplating a game-changing move. The game which will be changed is Fox News' dominance in conservative broadcasting. 

According to those sources, Redstone has done some preliminary work on possibly rebranding one of the linear channels as a conservative one. The value-added she would bring is streaming. That rebranding would keep that broadcast entity separate from CBS.

In addition, it is reported that she had talked with one-time Fox star Megyn Kelly about the proposed conservative channel. Kelly is effective in that kind of format. 

Some see Fox as weakened by the abrupt departure of Shep Smith. In addition, it could find itself in a pickle if it distances itself from Donald Trump. Will his supporters, who make up a large share of the Fox audience, then flee Fox?

Meanwhile, those in the know at both Viacom and CBS know that Fox News makes money, lots of it. Redstone could bring that solid revenue-producer to ViacomCBS. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Law School Deans Fat & Happy, M.B.A. Deans Not So Much So

Law.com reports that applications to law school is up almost 4%. That's despite the high cost of tuition for three years and resulting albatross of student loans. 

So, yes, law school deans are in the catbird seat and know it.

Not so much for the deans of M.B.A. programs, even elite ones.

For instance, as The Wall Street Journal reports, applications at Harvard Business School, capitalism's boot camp, currently are down 6.7%.

At Dartmouth's Tuck's School of Business, the drop is double-digit.

Overall, during the present academic cycle, according to the Graduate Management Admission Council, applications are down 9.1% from last year's cycle. And during the latter, they had been down 7%.

Essentially it's been a perfect storm for the once-revered M.B.A. programs in the U.S.

The Wall Street Journal notes factors influencing that such as:

•  Uncertainty about immigration policies. International students are not applying as they had been since they are wary of not being able to take jobs in the U.S. post-graduation. Usually students matriculate where they intend to have their careers.
•  Tensions with China. More of the ambitious in China are staying in their homeland for advanced business education.
•  Tech jobs are available and pay well, without requiring the M.B.A.

To those I would add the mandate of cost-efficiency after The Crash. Employers recognize that they can pay the undergraduate business major lots less than the M.B.A. So, it makes no financial sense to recruit the M.B.A.

Another is more subtle. Ever since the GI Bill, there has been a blind faith in higher education. High tuition has shaken that faith. For example, the average cost of one-year's tuition in an M.B.A. program it $60,000. At an elite school it's about $100,000. The program is usually two years. Online options are less but still, unless the employer helps with tuition, pricey. 

A third has to do with networking. Elite academic programs were championed as platforms for building life-long professional connections. For those with social-networking know-how that can be accomplished digitally.

What deans at graduate schools of business have to worry about is this: Is the steep decline in applications an aberration or a long-term trend?

Will Harvard Business School shrink essentially to being a research institution with only a token type of student body?

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

Uber - 3rd Round of Layoffs, Meanwhile Chief Legal Officer Tony West Fighting CA AB 5

In Q2 2019 Uber had its largest quarterly loss - $5 billion. Among its impatient investors is big player the SoftBank Group.

So, it's no surprise, as TechCrunch reports, that Uber conducted its third round of layoffs. Reductions in force send the right message to shareholders. The stock rose 3%.

The number of laid-off numbered 35o, mostly based in the U.S. and Canada. They were from Eats, performance marketing, Advanced Tech, recruiting, and other teams.

But Uber's more critical problem is that on January 1, 2020, California's AB 5 will become law.

With a few exceptions, it mandates that gig employees be classified as employees. That would blow up Uber's competitive edge. It contends that it qualifies as an exception since contract drivers are not part of its core business. No, it doesn't plan to comply when the law kicks in.

Uber chief legal officer Tony West is determined to oppose this kind of law. Uber is joining Lyft and DoorDash in a $30 million ballot initiative in 2020 to kill off the law. That initiative, though, could be just the beginning of the fight. The threat is that the law could spread nationally. Already Congressman Bernie Sanders (D-Vermont) introduced a bill making the AB 5 kind of law a federal one. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Globalization and Social Networks - Provisions in Employment Contracts

On the one hand, the Business Roundtable put out there that the purpose of the corporation was not simply creating value for investors. Business leaders had to also factor in the interests of other kinds of shareholders, ranging from communities to the future of planet earth.

On the other hand, executives are finding themselves in a pickle for posting on social networks and through apps personal and organizational values critical of how other nations do business.

The high-profile example is the fallout from Houston Rockets general manager Daryl Morey's tweet related to China.

As a result, reports The Wall Street Journal, those employment contracts executives and mid-level managers sign increasingly have provisions against going social with personal opinions or the advocacy of beliefs conflicting with those of trade partners. Yes, those going rogue in digital media can be terminated.

Globalization may or may not be in decline. However, those in the international loop for doing business do not necessarily buy into the Business Roundtable's template about the purpose of the corporation. 

The limits put on supposed "free speech," of course, aren't new. It's the digital technology which makes the issue an online one.

However, anyone who has been employed in a corporation or has been a vendor understands the importance of extreme caution in what is being said about the organization. That applies to both public and off-hand private statements. 

The business of business and the business of holding onto work has always included being a diplomat in all communications. 

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.

 

Battle of the Motions - Never File One W/O Media Outreach

This is the media era.

Some contend media is the most powerful entity in the world - creating more a force field than government or even individual and organizational wealth.

Lawyers know this. 

So, it's no surprise that Jones Day and the plaintiffs suing it in employment-related bias disputes don't miss a trick in media outreach.

Just about every motion makes it into both the legal and business media (think Bloomberg, The Wall Street Journal). 

The latest is the battle of the motions over alleged discrimination against male associates in parental leave.

Former Jones Day associates, reports Law.com, filed a motion in federal court arguing against the law firm's motion to dismiss the lawsuit.

The plaintiffs are married couple, who had both clerked on the U.S. Supreme Court, Mark Savignac and Julia Sheketoff.

Savignac contends Jones Day fired him as retaliation when he complained about the current parental leave policy for males. Before filing the complaint the wife already had left Jones Day for another job practicing law. Here is Jones Day' motion for dismissal. 

In that employment box, a masterful player is law firm Sanford Heisler Sharp. It goes beyond mere media outreach. For example, it is representing the family of the Chinese software engineer who committed suicide at Facebook. It made a request via its own website and social networks for anyone having information about that tragedy to contact the law firm. Bringing others into the loop creates a force field parallel with that the media establishes. 

And some of us have a hunch it had been the two open letters by Vanina Guerrero's legal team at Wigdor which triggered the decision at DLA Piper to part ways with Louis Lehot. Guerrero alleges sexual misconduct by Lehot and wants the matter handled in the court of law, not in the mandatory arbitration process.

Smart global ghostwriting, with social networking know-know. Emergencies welcome. Complimentary consultation (pressure-free) janegenova374@gmail.com.