Over-50

Millennial "A Million Little Things" - What's in It for Baby Boomers

"Katherine is going to turn on D."

The breakdown of long-term bonds among Boston friends in "A Million Little Things" is what is grabbing the attention and loyalty of us Baby Boomers.

Yes, we have been there.

We assumed it would be friendship forever.

Then there were fractures.

Eventually, we never spoke again.

Some of us even decided to move out of that city and reset our emotional lives.

In the place of the earlier affection and support there were resentments.

"A Million Little Things" captures what Judith Viorst calls "Necessary Losses" in her classic book on embracing change, especially in relationships.

You bet, we Baby Boomers were right. Katherine has sharpened her cat (and lawyer) claws and has gone after Sweet Mother Earth D.

In last night's episode Katherine demanded that D. tell her children that Charlie's father is Eddie, not Jon.

D. refused.

But that might not be for long. The previews indicate that Katherine threatens to go legal if Eddie's name isn't put on Charlie's birth certificate.

And what about the restaurant partnership between D and Regina? Isn't that bound to fray? D. is no businesswoman and she is emotionally involved with Andrew, who has become Regina's enemy. Most business partnerships fail. And along the way the relationships they had been built on slide into a million little and big hostilities. 

It wasn't supposed to be that way.

After the War to End All Wars, there was the baby boom which produced us 76 million human beings. We were anointed to restart American society with a fresh set of values. They embedded a Disney ethos.

Most of us could hold onto those myths of how life was supposed to be until we graduated from college. Then there was no avoiding it: We had to learn to navigate how the world really worked. That was brutal. What should have been the first thing to go were the friendships, dating back to the old neighborhood and extended family ties. They weren't. We had been socialized to honor those. That made growing up more difficult than it should have been.

Those who did make it through and found inner peace are transfixed to observe yet another generation endure the catastrophe of necessary losses. The marriage of Katherine and Eddie will make it through. Several othere relationships probably will not. 

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U.S. Legal System - The Dementia Threat

To some, Houston, Texas First Court of Appeals Justice Laura Higley seemed fine.

As played out on the popular network television show "Boston Legal" seasoned members of the legal profession such as Denny Crane can conceal their cognitive decline. But, eventually the various forms of dementia take over. 

It had been Justice Higley's two sons who outed her condition. She resigned.

According to Texas Lawyer, her situation is not an aberration. In that state 17% of the lawyers are 65 years or older. In addition, more lawyers have no plan to retire. They enjoy the work. If they are on their second marriage there might be offspring to put through college. And they might have noticed that the retired become invisible. The end of a job usually means the end of a whole identity.

Overall in the general population, about one in six females and one in 10 males will suffer memory loss significant enough to impair their professional performance and ability to function in daily life. 

The bar association in TX is looking into this and it encourages members to have a confidential evaluation. Many other state bars are also aware of the high cost - on many levels - of allowing impaired members of the profession to continue to practice law. 

But, having a judge or lawyer give up the title and job tends not to be easy. And it could be politically dangerous. On another popular network television show "Blue Bloods," prosecutor Erin Reagan risks her career putting pressure on a judge, who is sliding into senility, to retire. The episode does have a happy ending.

With dementia becoming common in the legal sector, others could also get caught in that kind of scary situation. They might not land on their feet as had Reagan.

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Even Powerful Law Firm Partners Hear that Tune "Happy Trails to You"

"Retirement" has a negative connotation.

The sound of that old Roy Rogers - Dale Evans sign-off tune "Happy Trials to You" isn't sweet to many.

But it is a reality.

Yes, more high-chargers find that they don't have the drive and energy to keep pushing. Others land in it because they are forced out. And, in some organizations there is still a mandatory retirement age. Retirements keep happening and check LinkedIn and you will find more profiles deleted. Those players are gonzo. 

For law firms, observes Law.com, the issue of retirement is tricky. Even bringing it up can throw partners into a panic - or, enraged. In these volatile times, more of them are being axed because of not enough billable hours or not bringing in more new business. Another reason for being eased out is that their practice area is no longer in such demand.

Yet, law firms are finding out they have to be proactive on this issue.

That's because, as Altman Weil documents, 25% of the business is controlled by Baby Boomers. It's necessary for the law firm to hold onto those aging partners' book of business. As many know, in professional services, clients are linked to a particular partner or principal, not the business per se. So, law firms better do this right.

One smart solution for succession planning is to tie compensation to results in transitioning client relationships from the entire control of the partner to other lawyers. Money talks. The compensation should be distributed both ways: to the partner who will be retiring and to others in the loop. Partners near the end of their career get it how important money is.

In addition, progressive businesses are designing services to help professionals embrace retirement. Those range from arranging reduced work schedules to advising about selling the house versus aging-in-place. 

Meanwhile, there is the other matter: What about partners who want to hang in there and yet are perceived not to be the lawyers and rainmakers they once were? Such a situation had been brilliantly featured in the television series "Boston Law." Law firm founder Denny Crane was sliding into dementia. 

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That Wrong Left Turn Bugs Bunny Took in Albuquerque - Regret as Cartoonish

The way Bugs Bunny used to set up a cartoon was to reflect on a turn he took in Albuquerque. It was a left one and it was a wrong one.

That's Bugs.

With humans, especially those caught up in the shock of aging, it's more common to sink into compulsive regret about supposed wrong decisions.

For example, one 60-something lawyer I coached was, of course, finding it more difficult to offered jobs and gig assignments paying what she had earned in he 40s. It's documented that older workers do tend to earn less. 

Her focus should have been on become wiser and more of a hustler in searching for projects in her field. Here, free to click open, is my book on how to land, hold, and move on to better work at any age an any age Download Outwitting ageism

Instead she got stuck on regret. At 22 years of age, after finishing college, she felt she made that wrong turn in the road.  She should have, she decided at age 62, become a police officer - like Jamie Reagan on "Blue Bloods." Although she had made a good living practicing law and enjoyed it, she now was totally preoccupied on how big a mistake that had been.

What we plowed into together was the strange phenomenon of regret. It's nothing but a fantasy of how things could have played out had a human being take Path X instead of Path Y. The reality is that there is no way of knowing what really might have happened on Path X. Also, at the time it was a decision which was a fit with who the person was then. Incidentally, that person might have been self-defeating so the choices were a form of shooting oneself in the foot. So? That's how it was then. 

Making a buck is more challenging as professionals age. Blue collar folks seems to have less trouble with that. Truck drivers continue to be offered assignments even after they retire. Plumbers have no shortage of side hustles. 

Given the continuing challenges facing older workers, including contract ones and business owners, it could be said that regret is a luxury only kids can afford to indulge in.

Coaching, lecturing, and writing/ghostwriting thought leadership content on aging.

 

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Of Course, We Remember - Everything Stopped

Sunday probably will never again be embedded in the media mindset as a day of slow news.

Today, the Drudge Report, although conservative, brought back the flashing blue light for this development. And long-in-the-tooth "60 Minutes" glued America's eyeballs with its breaking news.

What that was all about is this: The Whistleblower, fearing for his or her life, currently is under federal protection. Here is the article the Drudge Report headline links to. Click it open and the video feed from "60 Minutes" begins playing. 

As the article and video feed kicks off time travel, we are reminded that this unraveling came into play last Tuesday. Power Democrat Nancy Pelosi announced there would begin an impeachment inquiry.

Those of a certain age lived through that. Institutions, ranging from government to universities whose faculty and students couldn't leave their TV screens, became paralyzed. It's predicted that, once again, that will happen. 

The inability to function could overtake those in the loop of Election 2020. 

The issue Man the Economic Animal frets about: Will this downsize GDP growth? And, what will the stock market open at Monday morning? 

Those near retirement are encountering new kinds of uncertainty.

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Remembering How Watergate Changed So Much - 6 Tips for How You Communicate During New Impeachment Crisis

Sure, the Stephen Colbert types have artistic license to humor-loop about the decision of the House of Representatives to begin an impeachment inquiry into the U.S. presidency of Donald Trump.

And, as Daily Mail reports, that's what late night talk show hosts did. Those who tuned in probably agree the comedy was some of the best in that broadcast niche. 

But, what we know from three other attempts at impeachment is this: Gravitas is expected in public discourse. This is serious business. It impacts institutions ranging from the global equities market to public school education. Those of a certain recall that from Watergate.

Therefore, this shift to the impeachment narrative may eliminate the residue of snark which hangs on from the beginning of the days of social. The new cool was shooting off the mouth in public in very adolescent ways. The carefully researched and organized message got an eye roll.

That really should have died when Gawker went poof because it pushed the envelope too far and wound up the defendant in "Hogan v. Gawker." Financier for that litigation Peter Thiel wasn't amused by Gawker's rhetoric and content.

Incidentally, the market value of other snark depositories such as Buzzfeed and Vice isn't all that high.

Meanwhile, buttoned-down digital native Drudge Report continues to scale in its traffic numbers. So does equally buttoned-down legal journalism site Law and Crime. In July there were more than 3 million unique visitors. 

Here are 6 tips how to navigate the new public communications space:

• Think the public good. Tone and content have to align with weighty matters. Even before the impeachment story stood on its own legs, some courts were tending to perceive media players as partisan warriors. Journalism? Those traditional 1st amendment protections were being bypassed. 
• Drop the profanity. Discourse will become eloquent. Could it be a return to the era of the Kennedy type oration? Maybe.
• Seek common ground. The nation is trying to unify itself to do the right thing.
• Open all social and other forms of public statements to interactive. That sends the signal that you are reaching beyond ego. Interactive also will increase your traffic, likes, shares, and comments.
• Listen. You may actually change your own thinking. Your communications could have more depth. Substance has been returning.
• Leverage old-line formats, ranging from white papers to newsletters. There is a fusion of formal exposition and the conversational style of social.

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Remembering When There Were So Many of Us Good Catholic Girls

Former New Jersey governor Chris Christie has plenty of motivation to take on Donald Trump in the primary.

Former Tea Party congressperson Joe Walsh has tossed his hat in the ring. That opens the door for other conservatives to do likewise.

As books such as Michael Wolff's "Siege" disclosed, Christie was locked out of a leading role in the Trump White House. It was reported that when Steve Bannon delivered the bad news, Christie fought the decision. Many speculate that it was Trump's son-in-law Jared Kushner who set that "no" in play. When a prosecutor, Christie had nailed Kushner's father, who then did time in prison. 

However, it is unlikely that Christie will run for U.S. president. That's because the ghost of Bridgegate has returned to haunt his legacy - and future career prospects. This is when there are signs of a comeback. For example, he is a presence on Sunday morning television.

Last June the U.S. Supreme Court had agreed to review the convictions and sentences of Bridgegate defendants Bridget Kelly and Bill Baroni. The U.S. Court of Appeals for the 3rd Circuit had tossed two counts but upheld five. Kelly is out on bail pending this last appeal. If it doesn't pan out as she hopes, she will go to prison. Baroni is already serving his sentence. 

Bridgegate, as many know, involved causing a severe traffic jam on the George Washington Bridge to punish the mayor of Fort Lee for not supporting Christie. Like hedge fund mastermind Steve Cohen, Christie escaped arrest. However, in both situations, their underlings suffered at the hands of law enforcement.

Law firm Jones Day will argue on behalf of Kelly. The case is "Kelly v. U.S." 

The odds are this SCOTUS review will receive considerable publicity. Media outfits will hammer details. That could finish off Christie politically. He may remain untouched legally.

Many who understand Kelly's background and how political offices operate have empathy for her.

She had been reared as what could be labeled The Good Catholic Girl. That entity is socialized to revere authority, obey, work very hard, and be loyal.

Those who have actually had jobs or had done volunteer assignments for politicos understand how co-dependent the roles can become. There can even be a loss of identity. In addition, isn't it naïve to assume that any strategic decision, such as blocking lanes on the GW Bridge, would be implemented without the approval of the man or woman who has been elected to office or is campaigning to be?

Meanwhile, Jones Day can throw off some of the shade recently thrown on its brand by two bias lawsuits. One is for alleged gender discrimination. The other for alleged illegally structured parental leave. Members of the legal media, including Law.com, have not been kind. 

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Alleged Age/Gender Discrimination - "Torre et al. v. Charter Communications"

On June 19, 2019, five middle-aged female employees filed a gender/age bias lawsuit "Roma Torre, et al. v. Charter Communications." Here is a copy of that complaint. 

Their ages range from 40 to 61.

All five are still working at the cable channel NY1.  And, that's the rub. Here are more details from the New York Post.

Essentially, the troops at NY1 have broken into factions.

Some support the plaintiffs. They give high-fives.

Others perceive them in negative terms, labeling them as everything from jealous to looking for a fat settlement. 

And there are those who just feel fear. They don't like this kind of tension at a job they want to make it their business to hold onto. Broadcast represents glamour. 

Overall, the organizational culture at NY1 had been shifting from one not welcoming "sharp elbows" to highly competitive. Also a star system has allegedly evolved. The plaintiffs view as unfair that Pat Kiernan keeps receiving perks others don't. In addition, his supposed temper tantrums have been tolerated by the powers that be. 

Of course, the side-taking extends beyond the organization. That could damage NY1. Advertisers, viewers, and talent can flee. That can happen quickly. It could take lots longer to do reputation restoration. 

Meanwhile, the plaintiffs face being blackballed in their industry.

In Silicon Valley, after Ellen Pao filed her gender bias lawsuit against former employer Kkeiner Perkins, her employment prospects dried up. The job she did land was at Reddit and she couldn't hold onto it. The jury acquitted her employer.

That losing lawsuit and Pao's professional life since should be an object lesson about the risks of suing one's former or current employer.

Vanity Fair reports on women who were on the front lines of #MeToo who claim to have become victims of retaliation. Their employment prospects had also dried up. In addition, many who sued didn't wind up with lucrative settlements as had former Fox employee Gretchen Carlson. 

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In Workplace, Gender Bias Could Go Poof (but ageism remain)

In some circles, the law firm Sanford Heisler Sharp's signature is the class action gender lawsuit against BigLaw.

A recent high-profile one has been "Tolton, et al. v. Jones Day." Here is a copy of the complaint.

However, if the post-gender era does come, Sanford has nothing to fear. A group or individual with power likely will always be treating unfairly those with less or no power. Lawsuits are in the cards.

In addition, ageism isn't going away. It's one form of blatant prejudice that employers can still get away with. 

Signs of a world without gender classifications seem to be taking shape. That includes language.

Berkeley, California has passed an ordinance banning all gender terms from the city code. Those terms range from "policewoman" to "manhole."

The popular book "Gender Outlaw" by Kate Bornstein envisions social norms which don't differentiate human beings according to the sex organs they were born with. There will be no male. There will be no female.

Increasingly the conventional notion of gender as male or female has broadened into a continuum understanding. On that continuum some human beings are at the points of being more or less male or female in attitudes and behavior.

So, there is no longer such a set notion of what's "female" or "male." On the popular network television series "Good Girls," Beth thinks strategically about criminal activity, like a man is expected to do. However, her deep love of her children would be considered a female trait. 

Also, and most importantly, with fertility rates plunging in developed economies, the female's reproductive role becomes less central to how the world operates. In The Atlantic, Derek Thompson chronicles how the future of cities - the main engine of economic growth - is childless. It might be conjected that the need for offspring could have resulted in a conspiracy to temper female career ambition. 

The time when human beings don't sort out anything based on the perception of gender could arrive sooner than traditionalists anticipate.

An unexpected consequence could be fewer serial killers. Many of those have been locked into sexual-identity distress. With that distress not taking hold any more, there would be no compulsion to kill and keep killing. If "Law & Order SVU" keeps being renewed for another season, it might feature a post-gender plot line. 

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No Fool Like an Old Fool?

Steve Jobs wannabe Theranos founder Elizabeth Holmes is still in black.

Only at the pre-trial court hearing it wasn't the signature black turtleneck.

It was a basic black dress and black blazer. And, at age 35, she's still attractive.

Some conjecture that it had been her youthful blonde good looks which lured big establishment names such as Henry Kissinger to the Theranos board of directors. At one point superlawyer David Boies had represented her.

Her trial on 11 counts of wire fraud and conspiracy to commit wire fraud will begin on July 28, 2020, in San Jose, California. Here is a summary of those counts by the Department of Justice. And, here is a copy of the actual indictment. 

The contention is that she and the startup's number-two Sunny Balwani deliberately misled investors, regulators, and the public about a technology which didn't exist. Balwani, who had also been her lover, was in court but arrived separately. In a television interview he argued that Theranos represented a business failure, not a fraud. If convicted, both face decades in prison.

But meanwhile, she did win one in court. She requested that the Food and Drug Administration speed up the process of turning over documents to her legal team. It claims that would require 6 months. No way, ruled federal judge Edward Davila. He gave the regulatory agency 75 days. Here are more details from the media.

By the time of the trial, most of the tech world could be in the reputational toilet. Regulators, media, the stock market, consumers, and the public globally could have turned on it. An indication of how bad it could it get is playing out in Europe. New York University marketing professor and internet expert Scott Galloway has been predicting just that. 

My hunch is that it will be difficult for both sides - prosecution and defense - to find objective jury members in the San Jose area. The defense might request a change of venue, which could delay the trial. Delays help defendants. 

In the tabloid media this saga could go down as "The Blonde and The Old White Men." On "SNL," there can be a film noir rendition of a board meeting. 

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