Saturday, June 2, 2012

Mariano Rivera and Marilyn Milian

                                              photo credit: pvera via photopin cc

In a recent episode of The People's Court during which Judge Marilyn Milian resolved a dispute over a Mariano Rivera-signed baseball, she mentioned that she was a big fan of  the Yankee closer and had presented him with a robe and gavel so that he could preside over the clubhouse "kangaroo court."

It turns out that this occurred back in June 2009:



Hopefully she gave Rivera a chance to get a word in edgewise.

Most Viewed Posts in May 2012

By page views, here are the most popular In General Counsel posts of the month:

Mad Men and Women in Advertising

                       photo credit: Christina Saint Marche via photopin cc

Do you watch Mad Men on AMC?

Mad Men, which centers on fictional NYC Madison Avenue advertising agency Sterling Cooper Draper Pryce in the 1960s, is not exactly appointment viewing, but it is certainly worth programming it into your DVR and watching it when you can. The critical praise heaped on the somewhat overrated show is disproportionate, though, to the actual Mad Men TV viewership.

It's hard to believe that people drank and smoked that much in the office in the 60s, isn't it?

In any event, a Mad Men episode can be uneven, pretentious, and feel padded (especially with the subplot involving Betty Draper played by January Jones). Last Sunday evening's show was different as it contained an unusual amount of compelling scheming and scamming, however, to the point where it seemed like the Mad Men season 5 finale--which will actually air on June 10.



Perhaps the best part of the show is the opening theme music and animation sequence.

Apart from that, there are two solid characters that seem "real":

Peggy Olson (Elisabeth Moss), the hardworking and sincere copywriter that everyone seems to take for granted (sound familiar?) and obnoxious firm partner Roger Sterling (John Slattery). In the latter case, haven't we all worked in companies where one of the top executives or managers blatantly never does a stitch of work?

The quality of the show aside, what is Hollywood fascination with the advertising industry of all things? Perhaps second only to police dramas, why do so many TV shows and movies have the advertising industry as a backdrop?

Apart from Mad Men, others that come immediately to mind include Melrose Place, ThirtySomething and the Mel Gibson movie What Women Want. There is also a new reality show about advertising agencies competing for new accounts, The Pitch, which airs on AMC immediately after Mad Men.

A quick Internet search reveals others: Bosom Buddies, Bewitched, Who's the Boss?, Full House, Trust Me (one season), How to Succeed in Business Without Really Trying, and so on.

Can you think of any reason for the entertainment industry's fascination with advertising?

Breaking News: The Romney Campaign Really Wants to Win

                                              [photo credit: Gage Skidmore]

Unlike the lackluster 2008 presidential campaign of Sen. John McCain who inexplicably left so many issues on the table, Mitt Romney's aggressive and rapid response media team shows that the GOP candidate really wants to capture the White House in November.

Using the term "bomb thrower" is gross exaggeration, but otherwise this BuzzFeed piece seems to be generally on the mark, except it that Romney is implementing a strategy for winning the general election:
In the eyes of many on the right, John McCain's 2008 presidential bid was a disaster not because he lost, but because he refused to fight. Conservatives believe McCain bought into a liberal media narrative that personal attacks on Barack Obama were unseemly and even racist. The conservative caricature of Candidate McCain that emerged in the wake of the Republicans' defeat wasn't of an unreliable moderate — rather, it was one of an Establishment figure paralyzed by political correctness, and unwilling to go blow for blow with Obama.
But if the Vietnam veteran disappointed conservatives with his gun-shy campaign in 2008, Romney is uniting the right by playing the role of the bomb-thrower.
The unapologetically aggressive tone of Romney's campaign is manifest at every turn — from his aides' fierce Twitter wars, to the candidate's surprise press conference at failed green solar company Solyndra, and the campaign's continued refusal to apologize for Donald Trump's outlandish conspiracy theories about Obama's birth certificate. It's all part of a deliberate — and, so far, successful — strategy aimed less at convincing undecided voters, and more at rallying the Republican Party around its candidate.


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Similarly, Byron York of the Washington Examiner writes that Team Obama misses John McCain and said so publicly:
Faced with deteriorating economic conditions and an unexpectedly aggressive Republican opponent, President Obama and his aides are expressing nostalgia for Sen. John McCain, the Republican opponent Obama defeated handily in the 2008 election...
The last week, more than any in the campaign so far, has shown Team Obama that Romney and his aides are prepared to fight as hard as needed to win in November.  The Romney-organized shouting-down [see below] of top Obama aide David Axelrod in Boston; the Romney sneak event at the old Solyndra headquarters in California; Romney's refusal to give in to Democratic demands to repudiate Trump; and Romney's determination to avoid side controversies while remaining singularly focused on the economy all revealed a candidate who has resolved to battle Obama on his own, and not Obama's, terms.  It's no wonder Obama has become nostalgic for the relatively comfortable days of 2008.
Taking a page out of the left's playbook, Romney supporters disrupt Obama campaign honcho David Axelrod's Boston press conference:

 

 

Thursday, May 24, 2012

Senate Democrat Trying to Block Access to Nutritional Supplements

                                     photo credit: Clean Wal-Mart via photopin cc

Longtime health freedom foe Dick Durbin, the Illinois senator, is at it again.

The Democrat is apparently trying to slip in an amendment to the Food and Drug Administration Safety and Innovation Act (S. 3187) under the radar that could take away your access to safe vitamins and other nutritional supplements. Organizations such as Citizens for Health and the Alliance for Natural Health USA are sounding the alarm about Durbin's latest effort to unfairly target dietary supplement makers (he tried and failed last year to get similar legislation passed).

The amendment in question, according to the Alliance for Natural Health, contains several onerous provisions including...
among other things, that supplement companies must register their products with the [Food and Drug Administration] within 30 days, or they will be considered "misbranded" and companies will be subject to outrageous financial penalties, possibly even jail time. To avoid this, many companies will simply remove their supplements from the shelves until they are able to comply with the new requirement.
Citizens for Health asks "why give the FDA, an agency that has shown an anti-supplement bias in the past, the power to arbitrarily amass a list of 'potentially dangerous' dietary ingredients, especially when there is already a system in place to ensure the safety of supplements?

These organizations and others are asking every health-conscious consumer to contact your U.S. Senators immediately to vote no on Durban amendment to S. 3187.

Sen. Durbin inspired the nickname "Dick Turban" for his offensive and absurd statement comparing the Guantanamo Bay detention center to Nazi death camps back in 2005.

Update: Good news--the Senate defeated the Durbin amendment by a vote of 77 to 20.

 

Judge to NLRB: No Quickie Elections For You

                                           photo credit: Vectorportal via photo pin cc

Earlier this month, an Obama-appointed federal judge tossed out on procedural grounds the National Labor Relations Board's latest power grab that would have shortened the period for collective bargaining elections from about 40 days to a union-friendly 10-21 days.

There were only three active Board members on the five-member Board at the time the rule was "enacted," and Republican Brian Hayes did not log in to the NLRB's electronic network or cast a vote in the proceeding.

The judge, James Boasberg, determined that there was no quorum and therefore the Board lacked the legal authority to go forward with the rule. Boasberg declined to address the merits of the rule, however. For now the rule is not in effect.

The Brody and Associates law firm explains:
The quickie elections rule substantially shortened the timeframe between when a union files a recognition petition and when an election is held.  The result was that unions could ambush employers and have an election before the employer could express its views to employees.  With the rule in abeyance, the regular timelines apply.
The NLRB could appeal Boasberg's finding or revote on the rule now that the Board is up to full strength. The problem there is that Obama's three NLRB recess appointments were made when the Senate was not in recess in January 2012, and as a result the appointments themselves are being challenged on constitutional grounds in federal court.

In April, after two conflicting lower court decisions, the U.S. Court of Appeals put on hold another NLRB rule that would have required virtually all employers to hang a placard about employee rights to unionize. The rule is in limbo until the D.C. Circuit rules on the appeal, which is expected this fall. The rule would have gone into effect on April 30.

One of the plaintiffs, the National Federation of Independent Business, had this to say:
By delaying the poster rule until the appellate court has time to consider the merits of NFIB’s appeal, small-business owners can breathe a temporary sigh of relief. Of course, real relief will not come until the court rules that NLRB does not have the power to issue edicts empowering Big Labor and hurting small business

Casey Anthony You've Been Served


Casey Anthony, American's non-sweetheart, will have to show up in court as a defendant in a civil defamation case brought by nanny Zenaida Gonzalez because Gonzalez's team finally served her with the necessary legal papers.
The woman Casey Anthony falsely accused of abducting her doomed 2-year-old daughter, Caylee, tracked Anthony down to her Florida hideout and slapped her with a subpoena...Anthony, the most hated mother in America, was acquitted of murder last year — even after her lawyers admitted she made up the bogus “Zanny the Nanny” story...
Gonzalez’s investigators staked out Anthony’s new home for days, but their target refused to appear and be served with a subpoena, they said. Anthony’s lawyers eventually gave up and agreed to accept the court papers for the defamation lawsuit that is scheduled to begin next January in Orlando.
Anthony has a January 2013 trial date assuming there is no settlement or postponement.