Over-50

Baby Boomers in Creative Arts - The Sad Saga of Jeffrey Wertkin

Anyone who has labored in the vineyard of legal writing knows how tedious it is.

Sure, there could be the creativity of putting together an interesting strategy and then arguing for it in a lawsuit or motion.

The folks at Motley Rice, who put out there the novel theory of applying public nuisance to traditional product liability, might have enjoyed those rare moments of being creative. 

However, overall, the tasks associated with being a lawyer, even a partner like Jeffrey Wertkin, might be disappointing. 

After all, the high achiever like that former partner at Akin Gump must have been among the best and brightest growing up. That gets you noticed, at least by teachers, guidance counselors, and parents of those who aren't doing so well.

So, it was understandable that Wertkin's inner creative force might have been crying out to be expressed. So, it's totally understandable that he took on another identity - Dan - and set about to have a little fun and pick up some money in the process. Also, he wore a wig.

As Nate Raymond reports in Reuters, Wertkin:

" ... was arrested in January trying to sell an undercover federal agent one of the lawsuits [by a whistleblower against a corporation that he obtained while working at the U.S. Justice Department."

Finally, in San Francisco federal court he took a plea. It was to be charged with obstruction of justice and interstate transportation of stolen goods.

In March, sentencing will take place.

Of course, Wertkin will have to find another line of work. He might consider getting a degree to prepare him for a career in a creative profession.  If he needs a mentor for guidance on his Next, I will perform that mission pro bono (janegenova374@gmail.com).

Takeaway: In career planning, listen to your inner creative spirit. It will not stay quiet if you ignore that force.

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

Different But Long Career Path Ahead for Matt Lauer

"Today" was a solid, lucrative platform for Matt Lauer to operate a career.

But it's not the only one.

And, those with more tarnished brands have also been able to put together a comeback.

Most well known is Watergate "Dirty Tricks" lawyer Chuck Colson. In prison, he discovered spirituality. Upon release he put together a new brand as a prominent minister. 

The reality is that America is about making money. With all his background in media. Lauer can help many kinds of companies start up or scale and turn out big profits. Of course, he would be in the background, not in front of the camera. 

But he would still be very busy and support himself and his family in the style they are used to enjoying. Along the way, he could produce a documentary on what it takes to restore a reputation. It would be must-viewing in every public relations firm around the world.

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

 

Language of Transition - For Many Baby Boomers, It's a Second Language

The language of transition is what McKinsey uses to describes the future of work around the world. Here is its December 1, 2017 report on jobs lost and jobs gained.

McKinsey's midpoint scenario for global jobs lost because of automation technologies such as artificial intelligence and robotics is 15% by 2030. That could play out to be 75 million to 375 million jobs around the world. 

Those which could replace them range from care-taking for the aging (increased longevity is a worldwide phenomenon) to IT administration. 

Throughout the McKinsey report are the terms:

• Transition
• Transformation
• Disruption
• Evolution
• Switching occupational categories
• Midcareer job training.

Of course, this is exactly the language spoken by coaches in outplacement.

Companies leverage it in their messages to their constituencies, be they investors or clients/customers.

And Millennials and members of Generation Z are native speakers. Their conversations focus on how they are preparing themselves for their next job or business to start.

Terms which create negative branding for both organizations and individuals include:

• Settling in
• Comfort zone
• Holding on
• In the past
• Career planning (replaced by "law of supply and demand").

The message of the iconic musical "My Fair Lady" is that how humans speak determine their status. The language is transition is that of professional survivors. 

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

 

Meghan Markle - Baby Boomers Remember The Shrinking Princess Grace

Along with the announcement of the engagement of Prince Harry and Meghan Markle, there was the "rider"some Americans didn't want to hear.

That was that Markle was retiring from her career in acting. She had performed roles is "Suits" and "Fringe."

Those of us who cringed at the news bore witness to how Grace Kelly's world became smaller and smaller after she became Princess of Monaco.

As with Markle, the idea of an American becoming a princess was exciting.

That American was both an Audrey Hepburn-type classic beauty and a successful actress. Among her major films were "High Noon," "Rear Window," and "To Catch a Thief."

At the time, the royal wedding between Kelly and Prince Rainier III was the biggest special event until the royal wedding between Prince Charles and Diana Spencer. 

As with Markle, Kelly retired from her career. She and her Prince had three children.

Soon enough, alert Americans could feel her "itch" to be part of a world beyond civic duties, humanitarian causes, and motherhood.

When lead roles in "Marnie" and "The Turning Point" were offered to her, she "had to" turn them down. 

Kelly gained weight. She seemed to turn inward.

One wonders if the same boring fate will take over Markle's daily life.

No, her career had not yet been as successful as Kelly's. But it did make her a minor celebrity. Anyone who had achieved that kind of micro fame through their own achievements understands the acute pain when the channel changes.

Will the vibrant Markle wilt as she oversees worthwhile causes? Or, will she be able to carve out a good-deeds niche which matches her activist personality? 

There is the anecdote that she was distressed by a P&G commercial for a soap. It featured women as engaged in a battle with greasy pots and pans. She found that reductionistic of women's roles in society. She shared that opinion with lawyer Gloria Allred and Hillary Clinton. In a few months, that commercial disappeared.

Americans hope that Markle can put her unique stamp on being a princess. We will always regret that she is surrendering her American citizenship. Kelly held on to it, even as Princess of Monaco.

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

Attacked on Social Media - First, Check for Any Impacts on Your Business Per Se

Too many businesses are accepting an organized outburst of anger on social media as a "crisis." They fear damage to sales and to their brand. 

Likely, though, they have been gamed.

The reality, research by Engagement Labs found, is that rage might be mere sound and fury. It rarely represents the constituencies companies must be concerned about. Here are the details on this research and the larger issue of impacts of social media.

Remember that social media remains a relatively new phenomenon. So much of its dynamics we don't understand. In addition, the law hasn't caught up to the technology.

Those who are sophisticated about how to leverage social media for maximum attention frequently will have little or no impact on the business and reputation of a company. 

A prime example, cited by experts, was Donald Trump's social media supposed push-back against Nordstrom. It had dropped Ivanka's merchandise. At that time, the retailer's sales and brand weren't damaged.

It can be counterproductive for companies to immediately transition into a crisis mode.  Also, they can look foolish. 

Yes, what is said by others about companies can get attention. But attention doesn't necessarily, in itself, affect the actual business.

In a seminal op-ed, partner at kglobal Gene Grabowski presented the reality that the sustained negative exposure Uber has been receiving likely won't be a business issue per se.

That's because it provides its customers with the unique user experience (UX). In one package Uber combines:

• Convenience
• Affordability
• Reliability
• Ease of conducting transactions - no credit cards, no cash. 

Here you can read Grabowski's thought leadership piece. In public affairs, he is known as the "crisis czar." Therefore, he has insight about what is a crisis to be managed and what is noise that shouldn't distract. 

For about four years, those commenting on now-gone Gawker harassed me. They even invented a fictional version of me who supposedly posted material.

There were grounds to sue. However, pursuing litigation would have been a distraction.

Instead, now and then, I would make humorous allusions to that campaign on my blogs. During those four years my communications boutique scaled.

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

Language and the Law

Iconic was the apology of Kent Hospital to actor James Woods for his brother's death in the emergency room.

It was the hospital head Sandra Colella's saying she was sorry and admitting a system's failure that generated a settlement to the lawsuit. The case was "James Woods, et al. v. Kelli Naylor, et al." The year was 2009.

Yet, the medical apology remains an issue. Last night, it was featured in one of the plot lines on the popular "The Good Doctor."

A patient specimen was misplaced. While the search was going on, the hospital administration instructed the medical doctor not to use the phrase "I am sorry" when interacting with the distraught patient. If the specimen wasn't found the patient would have to undergo surgery that would end her career as a podcaster.

The medical doctor went against rules and used the phrase. A few other doctors cheered her decision. The specimen was eventually found and surgery was avoided.

This plot line should have had a happy ending. But it didn't. The hospital was, as the administration informed the doctor, served with papers. 

As this episode illustrates, the healthcare industry has to continue to be on the defensive. That goes beyond the matter of ordering supposedly unnecessary tests in order to "cover itself." The need to be self-protective involves the very language it uses to interact with with its consumers - patients. 

Of course, this isn't unique  to that line of work. Recently, I received full payment of an invoice I had routed to a collection agency partly because of how I used the the phrases "implied contract."

But, in healthcare the communication between provider and consumer is an aspect of the treatment. Also, as the Woods' incident proves, it can be a factor in reducing the negative impacts of system failures and errors in judgment.

One reason "The Good Doctor" receives high ratings is that it deals with raw realities.

At the top of the list is the Shaun Murphy, despite his brilliance, is difficult to work with and has no bedside manner. In the same episode focusing on the medical apology, he resists having a life coach for improving his social skills. The deficit is due to his autism. 

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

Baby Boomers & Career Comebacks - The First Step Is Self-Forgiveness

The major issue hovering over the allegations about sexual misconduct is: Can big-time players such as Harvey Weinstein have a comeback?

The question isn't absurd.

After all, Nixon Administration "dirty tricks" lawyer Chuck Colson had a roaring one. In prison, he discovered spirituality.

He went on to became a prominent religious leader, who was revered when he died at age 80.

Those caught up in the current scandal have the resources to hire sophisticated public relations representatives. That's exactly what they are doing. So, as the cliché goes in legal circles: The jury is still out on this one.

My fall from grace was a lot tamer. I described it in this e-book, which has had more than one million downloads.

Those who had lost it all also contacted me by phone to ask for not so much advice, but "forgiveness." I became the father confessor they needed to confide in, be reassured that I had been able to forgive myself, then they felt they would be able to finally forgive themselves, and try fresh business strategies and tactics.

"Father forgive me, I had let my career slip slide away. Sure, I want to commit suicide but I have a family to support. Can you empower me to forgive myself?"

In the long process of forgiving myself, I have changed my story from the one I recounted in that e-book.

Now I believe that I had experienced what some psychiatrists describe as the wearing down of the treads on the tires. We aren't paying attention. So one day there's a blow out. Or the car just won't go on those tires. 

For too long I allowed work and abusive behavior from clients to, well, wear down the tires. What I had to learn and did was how to avoid all that and still make a good living.

Therefore, the paradigm shift inside me, which was far more important than bringing my communications firm back, is the real comeback story. That began with the courage and confidence to let go of assignments and relationships which, you got it, put undue wearing on the tires.

Not that I was able to pull that off all the time. There were relapses. Too many of them, I figured out.

Connecting the dots, I decided that as long as my communications shop was based at the scene of the crime (New York Metro area) my ability to shield myself from another collapse was not good.

I relocated.

In itself that increased revenues 75%. That's because the lower cost of living enabled me to pitch from a position of strength. And I could be quicker and more decisive in cutting loose accounts which were not in my emotional self-interest. 

The next seminal step was to become open to new lines of business. Adventure returned to my work life. For example, I took on the role of paid influencer.

The third big move was ongoing purging of those in my little life who no longer fit the new me. That started when I unfriended on Facebook and in daily life college acquaintance Kathleen Huebner. At the time, she was the only person I knew in the city where I had relocated. Since then, plenty more relationships wound up stamped "Shelf life expired."

The challenge with comebacks is that they require hyper alertness to keep them going. We have to get it that if the tires went once, they can go again. Every three weeks I inspect the tires. 

Those sensing they are willing to invest what it takes to come back must first complete the prerequisite: That is, forgiving themselves. 

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

Power of Feuds - Leverage It in Branding (Camilo A. Caballero, David W. Harder)

Tufts University, based in Medford, MA, might have caught a lucky break.

The actions of its student Camilo A. Caballero and its psychology professor David W. Harder could reposition and repackage its branding.

No longer will Tufts be allegedly overshadowed by Harvard. The latter is based in Cambridge, MA.

The driving distance between the two is about 5.2 miles.

In branding, it's probably significantly larger.

An ambitious public relations expert could become iconic conducting a research project on that issue of brand equity in academia and its impacts on fundraising and attracting talent.

Anthony Scaramucci v. Camilio A. Caballero (no Charles Harder in the loop)

 Had Anthony "Mooch"Scaramucci retained superlawyer Charles Harder graduate student at Tufts Camilio A. Caballero might be scared.

Harder successfully represented Melania Trump in her defamation-related legal actions and Hulk Hogan in his litigation against now-gone Gawker. In the latter, the jury awarded the plaintiff a total package of $140 million.

But instead, Caballero is fortunate enough to be receiving the media attention which could enhance his career prospects. That depends on how he leverages this development.

In "The Tufts Daily" Caballero published an opinion-editorial labeling The Mooch, whose job in the Trump Administration lasted 10 days, "an unethical opportunist." Here are more details from Margaret Hartman in New York Magazine. A source was the Boston Globe.

So far, the fallout has been that Tufts postponed The Mooch's scheduled talk at that university and Scaramucci threatened legal action against Caballero for alleged defamation. 

Regarding the latter, The Mooch has to prove that the op-ed:

1. Contained fact, not opinion
2. The author was aware that the statement was false or, at least, had questions about its veracity.

If the legal and political journalists pick up on this feud (conflict creates drama and that theatre sells), Caballero could move to the front lines of thought leaders critical of the Trump Administration. That has become a lucrative niche.

William Shakespeare recognized the power in conflict. Currently, he remains a big brandname.

David W. Harder, Ph.D. (yes another promising feud)

A full professor in the Department of Psychology at Tufts University is David W. Harder, Ph.D.  He did his doctoral studies at the University of Michigan Department of Psychology. He is no relation to the superlawyer Charles Harder.

For three years, at the University of Michigan, that doctoral student functioned as my therapist. Later, he also treated me as a professor at Tufts.

My emotional challenge had been, during that time frame, clinical depression. About 18.8 million in America suffer with that disorder.

In 2012, a colleague recommended I try mindfulness. Haven't need formal psychological treatment since. In the process, I got to meet myself and liking the human being I found.

Although I requested that Dr. Harder release to me my his clinical notes about my treatment, he did not. I wanted to gain insight into myself and his approach. I had a nagging hunch we were not a good fit.

Eventually, I ponied up the money to consult with a lawyer in Greenwich, Connecticut. That did the trick. When I reviewed the clinical notes, I was convinced that, no, the fit wasn't productive.

As a result, I adopted as a cause to lobby for transparency in psychotherapy. That extends from the ability of clients to have easy free access to the clinical notes to the right of insurance companies picking up the tab to be able to review the methodology and outcomes.

Of course, insurance providers should need the permission of the client. But, unless the entity paying a large portion of the bill has adequate information about results, the mental health benefit can be continually eroded. As in business, therapy should be measured by documented outcomes.

 Here is an op-ed I published on that issue which the influential legal media outlet Abovethelaw.com linked to. Others with a similar concern contacted me. We agreed on one thing: Reform is overdue in the field of therapy.

If my lobbying initiatives gain traction, Tufts University could indeed have the ability to focus in fresh ways on its branding.

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

 

Baby Boomers - Remembering Very Different Time in Workplace

It was a different time.

Going into the office meant fun conversations among us rank and file employees.

The brass was old, or so it felt to us. We were young.

And there was no sensitivity about certain issues such as body parts, gender, or lust.

At one trade association in D.C., my 20-something male colleague saw it as his responsibility to brief us female team members about the size of the vice president's sexual organ.

"It made a thump," he said, when the VP urinated.

We appreciated the information. Never again could we look at the member of management without internally tittering. 

And, at an energy company in the Midwest, one unlucky ghostwriter had his office right next to the assistant manager's. It was a she. And she was disliked. When he knew one of us nobodies was calling him on the phone he would answer, "Bitch Corridor."

At my end of the corridor was the office of a director of what seemed to be nothing. I would answer the phone calls from my young buddies with, "No B__lls Corner."

Then we got older.

Titles came our way.

With them came tutorials from human resources about sensitivity to just about everything. 

The federal government was making laws about what constituted a hostile work environment.

The banter ended. Likely, the fun times will never return to the workplace. 

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.

Employer Gift-Giving - Remember Day Off to Shop in Pre-Internet Times

For the 2017 holiday season, only 40% of employers are giving their workers gifts, found the Advertising Specialty Institute.

That's down from last year's 44%. Here are more details from Newsday.

But no gift might communicate more goodwill than a ham-handed attempt at the once sacred ritual.

When I was employed in loss prevention the manager told us he would pop for pizza. It was at a non-brand joint which didn't serve alcohol. Not one of us accepted the invitation. For weeks afterward that lousy gesture was the in joke. 

Other employers obviously invested no thought in what to give. Too often, it was that cheese, salami, gourmet mustard, and crackers box which arrived via UPS. Those were quickly re-gifted. After all, the struggle with weight has become universal.

The best employer gift I can remember was a day off to shop. That was pre-internet and working mothers in our department were very grateful.

Get a second opinion about your marketing and advocacy communications. No pressure. No charge. Please contact Jane Genova, janegenova374@gmail.com or @genova_jane.