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September 29, 2012
If You or Your Clients Plan to Do Business in Africa, Please Read This First.
Martin Meredith's The Fate of Africa: A History of Fifty Years of Independence, 750 pages (2005, Perseus Books Group).
Posted by JD Hull at 09:23 PM | Comments (0)
September 27, 2012
Battle of Two Old Titans: King Coal v. Growing, Getting-Cheaper, Cleaner, Princely Natural Gas.
Justin Sullivan/CSM
If you follow the news, you can hardly ignore the news that there is a lot more accessible natural gas underneath us than thought even ten years ago, and that we are now going dog nuts in a guilty and often messy blitzkrieg extracting it.
It's not fashionable these days, I know. But if I really think about it, my law practice, most years, most days and recently, has had something to do with fossil fuels: various forms of petroleum, natural gas or coal as fuels or pollutants--from producing, using, mixing, transporting and storing them to cleaning them up. Thirty-three years ago, "constrained abundance" was the term used to describe coal reserves in the breakthrough book Energy Future edited by Harvard Business School's Robert Stobaugh and Daniel Yergin. And the writers of the chapter on coal, Mel Horwitch and Frank Schuller, would still be right about that: there is still lots and lots of the fossil fuel that helped transform America from a farming to an industrial nation.
Coal. There is still lots and lots of it--of different grades and sulfur content--in the ground around the world. Maybe two centuries worth in North America alone. Generally, it's been and still is plentiful and cheap but dirty stuff.
Yet not so cheap in recent years. Apart from the fact that environmental regulations on air pollution made it much more expensive to burn coal, the price of cleaner-burning natural gas and synthetic natural gas has trended down in recent years. There is more of "the energy prince of hydrocarbons" (another wonderful fuel tagline from Energy Future in 1979) than we had once believed. You can hardly ignore the news that there is a lot more accessible natural gas underneath us than thought even ten years ago, and that we are now going dog nuts in a guilty and often messy blitzkrieg extracting it.
Various environmentalist groups, of course, applaud the decline of coal. But there are obviously tough regional economic problems--and that human cost we all forget about in our policy arguments with friends and co-workers on "energy security"--for later generations of coal-producing workers and their companies all over America. But I like the fact that coal is still an election issue, even if it's a waning issue. Yesterday, though, The Christian Science Monitor did a nice job on coal as an election issue this year. See "War On Coal"? Why Obama Might Not Be Industry's Worst Enemy.
Posted by JD Hull at 11:44 PM | Comments (0)
If you are doing business in Canada or America, then please get this book: Legal Aspects of Doing Business in North America (2nd Edition).
Here's a book about doing business and making investments in Canada and the United States America that businesses and law firms--especially non-North American players--need to buy. Salzburg-based Dennis and Chris Campbell are once again the Editors of Legal Aspects of Doing Business in North America (2nd Edition) published by Juris. It features a state-by-state and province-by-province analysis. As with the 1st Edition, a 1540-page looseleaf that is updated annually, the Campbells have kept and expanded upon the talented team of American and Canadian working lawyers who write it.
Posted by JD Hull at 11:39 PM | Comments (0)
September 25, 2012
If you missed--or just don't get--Burning Man 2012, see this one by Leah Lamb.
There is a reason that down through history the desert has been a canvas, a testing ground and a place of new starts. With that in mind, see Leah Lamb's "Partying for Planet and Dancing with God (at Burning Man)" in The Huffington Post. Most of her article's photos are by one inspired and talented Scott London. Two excerpts:
My favorite way to explain Burning Man to someone who hasn't attended is by saying that you are with thousands of people who have traveled great distances to get there (it's a pilgrimage of sorts). Upon entering through the gates, the first words you hear from the greeters are, "welcome home." Once through the gates, it is as if you are attending a huge party thrown just for you.
I found myself within the walls of the gates of the Juno Temple one evening, lying on a blanket with old friends with nothing to do but look up at the sky. It was a magnificent night, the sky was filled with clouds that acted as blankets and kept the night air warm. The light of the full moon danced and glided across the sky, lightening sprayed sparks that competed with the stars. And we had nothing to do but be exactly where we were, and watch a great show hosted by the night sky.
It was there that I came to understand how ancient Greek mythology was born, how when one looks, one can see the gods and deities living in the clouds. As I watched the clouds, felt the rain, reveled in the lightening, I finally understood that this celebration, this expression of true, radical happiness, is food for the Gods, and they had come to the party.
Photo: Scott London.
Posted by JD Hull at 12:28 PM | Comments (0)
September 24, 2012
All Hail The Charon QC Van Rouge Tour: A Modern Legal Domesday Census, Sort Of, Starting With Kent.
It will be a real pleasure to get out and talk to lawyers and non-lawyers all over the country to see what they think about our legal system. A mix of podcasts, blog posts, tweets, photos, and even the odd video--with me behind the camera.
--Charon QC, London and Kent
In October, the popular and highly-regarded British law prof, writer, podcaster and pundit Charon QC will start from Kent his Van Rouge Tour of England. A kind of modern Legal Domesday adventure, Charon (pronounced "Karen") will indulge us with a fine Celtic romp throughout most of Britain for several months "doing podcasts with lawyers and non-lawyers [plus posts and tweets about them] as I go with a detailed commentary on law, life and other matters as I find them." Sponsorships are still available; given Charon's wide following and readership, that's an opportunity for both Brit and non-Brit law firms to share in the magic of our hero's velvet-voiced reporting and always-compelling interviews (incidently, he has interviewed me either in or from London four times, to much fanfare and heightened interest in our firm). More details on Charon's trip are here and coming up shortly on Charon's blog.
Posted by JD Hull at 11:45 AM | Comments (0)
September 23, 2012
Congratulations, Geeklawyer and Jess.
The House of Geeklawyer announces the arrival of a new 8.5 pound male litigator.
20th Century Fox
Posted by JD Hull at 04:20 PM | Comments (0)
September 21, 2012
The Miracle, Ecstasy & Cost-Efficiency of Repeat Business: General Motors.
In The Detroit News: "GM To Target Product Loyalty". Excerpt:
Alicia Boler-Davis [GM Vice President for Customer Experience] said GM has launched initiatives to improve customer experience such as sending Chevrolet dealers to train at the Disney Institute; mystery shopping sales and service at dealerships; and engaging consumers through social media.
Each is aimed at ensuring customers are happy with their complete ownership experience, Boler-Davis said.
Attracting new customers is five times more expensive than retaining one, she said.
"It's not rocket science," Boler-Davis said. "You build them right, and you treat people right, and they will come back for more."
My college classmate and former GM chief, the talented and persistent Rick Wagoner, having a customer retention epiphany circa 2009.
Posted by JD Hull at 10:37 PM | Comments (0)
September 18, 2012
"The Obama Movie" made me like and admire President Obama even more. Go figure.
Me? I thought the movie portrayed the President as a savvy internationalist who understands that the current acceleration in the collide of world cultures means that the U.S. and the entire planet need to be something other than waring tribes.
For a partisan movie, "2016: Obama’s America" was 16 times better and classier than, say, anything Michael Moore has done on the left. The problem is that this anti-Obama documentary--co-written and deftly narrated by an accomplished ex-Dartmouth Review writer and former 1980s Reagan Kid we can't help but like and admire--made me like and admire Obama (who I did not vote for in 2008) even more than I do now. I think what Dinesh D’Souza wants us to take away from his Obama part-pyschobiography and part "Roots" Road Trip is that, by virtue of his family roots, education and past associations, the current POTUS has a deeply third-world anti-colonialism bias that makes him dislike America and tend to advance the agendas of other countries, even those of our enemies. So don't vote for him. Me? I still don't know who I am going to vote for--but I thought the movie portrayed the President as a savvy internationalist who understands that the current acceleration in the collide of world cultures means that the U.S. and the entire planet need to be something other than waring tribes. And that U.S. foreign policy should also at least recognize and start to develop that goal, as difficult and challenging as that notion is. My take is unusual, sure. Most of the people in the theater in the conservative 'hood I saw this in clapped at the end of the movie. They likely will not be voting for Obama in November. Still, everyone should see this movie and decide for themselves. See this take last month in the Wall Street Journal.
Posted by JD Hull at 11:59 PM | Comments (0)
September 17, 2012
L'Shana Tova.
Happy New Year, y'all. In one tradition I love, it's the celebration of the beginning of everyone's world and an opportunity for fresh new starts. And see this gem in the Washington Post by Brad Hirschfield: Understanding Rosh Hashanah 2012/5773.
(AP Photo)
Posted by JD Hull at 11:59 PM | Comments (0)
Great Customer Service? Superior Work? You Just Give Blood, Jack.
That's. All. There. Is. Jack.
Posted by JD Hull at 11:39 PM | Comments (0)
September 15, 2012
Your 3rd-rate satire is my fighting/killing words, sir.
Multicultural Islam or multicultural anything non-Western: Do not hold your breath. I was in Los Angeles for a day--and by the time I get back the U.S. has deployed armed services people to an astounding number of locations around the world to handle (or deter) the multiplying protests and attacks in the wake of sudden publicity about one of the dumbest films ever made. Outrage over "Innocence of Muslims"--an anti-Islam satire (sort of)--first resulted in the deaths of four Americans in Libya last week. The reaction, however, seems to have legs. According to the French news agency AFP, as of late Saturday GMT, the number of locations where violence has already occurred or is expected to occur by the U.S. State Department is a whopping eighteen (18).
The offending movie--a very bad one from what I can tell from the trailer--was trotted out weeks after it was accessible by one manipulative Egypt-based "tele-Islamist", part-time television host and full-time asshole. So aren't some of these energies born of a pretext by a few firebrands to wage war on the West and gain pawns to carry the ball? Sure they are. But many more Muslims genuinely deeply believe that "insulting" Islam deserves swift punishment. It is the way they think and feel. And most who think and feel that way are not evil humans.
Arab Spring and the new "democracies" now cropping up in Africa and the non-Western world does not mean--and may never mean--that underlying cultures that struggle with building new forms of government and societies are going to "get" or embrace Anglo-American notions of dissent, freedom of the press or the First Amendment. It does not mean that they will buy into these principles, or even appreciate or tolerate them in Westerners, for years or even decades. Those states have not yet been able to reconcile a new form of government with religions that have old, sometimes very old, nuances and rules. It will take a while. We need to get used to that.
In the meantime, what efficient Yankee-styled solution is there, if any? In the short term, there is none. Get used to that, too. But there is an approach. I think it's this: get our heads out of our wazoos and realize, in all our dealings with non-Westerners, that we are wired very differently than them and that they are not "wrong" or evil. They are culturally fundamentally different--and we need to remind each other of that truth. And also take to our hearts and heads what one Western 12-step program likes to say--often unthinkingly but wisely--about time. It is simply that "time takes time".
From "Innocence of Muslims".
Posted by JD Hull at 08:03 PM | Comments (0)
September 14, 2012
Special Breaking Recession Survival Tip: If someone refers work to your firm, thank them.
I've come to the conclusion that it's not natural for most of us to remember who refers us good work or good clients--from within our firms or from outside our firms. For that reason, strain to make it a habit (1) to remember who pushed work to you and (2) to thank them over and over again. I can think of several instances in which our firm would have referred a second lucrative project to a law firm or other services shop if we had been thanked--even once--for the first lucrative project.
Art: Barbara Kruger
Posted by JD Hull at 11:21 PM | Comments (0)
September 13, 2012
To the Nixon-era law that gave us the MS4 NPDES Permit: Happy 40th, Clean Water Act.
What would fancy lawyers do without phrases like TMDL assessments, POTW biosolids and "that's a kick-ass DMR this month for the client's NPDES permit, Jim". In The Huffington Post: "Clean Water Act Is 40 Years Old: Landmark Water Law Hits A Milestone During Critical Time".
Indian Point Nuclear Power Plant, New York.
Posted by Holden Oliver (Kitzbühel Desk) at 11:55 PM | Comments (0)
September 12, 2012
Africa: Al-Qaida re-groups, re-energizes and re-launches.
If your clients are among the legions of multi-nationals competing in the ongoing free-for-all for Africa's natural and human resources, here's an inevitable wrinkle of doing business. In Salon, and via the GlobalPost, see yesterday's piece by Tristan McConnell, "Al-Qaida Rising in Africa". Excerpts:
But while Al Qaeda central wanes, affiliates elsewhere are growing stronger, nowhere more so than in Africa, where groups like Al Qaeda in the Islamic Magreb (AQIM), Boko Haram and Al Shabaab are finding ways of hitching Al Qaeda’s ideology to their local struggles.
“Africa represents a fertile ground for diminished ‘Al Qaeda-core’ to re-group, re-energize and re-launch its mission of global jihad,” according to a recent report by the Royal United Service Institute, a London-based think tank.
The report pointed to the potential for an “arc of instability encompassing the whole Sahara-Sahel strip and extending through to East Africa.” It warned that Al Qaeda’s new strategy seemed to be “going native,” using local militant groups and their conflicts to gain a foothold in new countries.
“Much of this is being driven by the Africans themselves,” Dr. J. Peter Pham, director of the Michael S. Ansari Africa Center at Washington’s Atlantic Council, told GlobalPost. “They are finding in this ideology, which is not native, a way to transcend the local particularities of their individual fight and invest it with a greater meaning that has purchase beyond their borders,” Pham argued.
Photo: GlobalPost
Posted by JD Hull at 10:59 PM | Comments (0)
September 10, 2012
No Jail Time for Appropriation Art Hero Shepard Fairey.
And we hear a strong mea culpa here. In this morning's New York Times, see "Shepard Fairey Is Fined and Sentenced to Probation in ‘Hope’ Poster Case". Excerpt:
Government prosecutors had argued that Mr. Fairey should serve time for his actions and he faced up to six months in prison. In February he pleaded guilty to a criminal contempt charge after admitting that he had destroyed documents and fabricated others to try to conceal the fact that he had used a particular Associated Press photograph of Mr. Obama as the source of his well-known “Hope” campaign poster.
After he was sentenced by Judge Frank Maas, a United States magistrate, Mr. Fairey, 42, said in a statement issued on his Web site, “My wrong-headed actions, born out of a moment of fear and embarrassment, have not only been financially and psychologically costly to myself and my family, but also helped to obscure what I was fighting for in the first place — the ability of artists everywhere to be inspired and freely create art without reprisal.”
Posted by JD Hull at 11:00 PM | Comments (0)
September 08, 2012
Emily Dickinson's pal Kate.
Emily Dickinson (below left), the Belle of Amherst, may or may not have been a recluse but she was certainly a poetic genius with a still-unmatched ear for phrasing and the play of words. And her friend Kate Scott Turner (below right) may or may not have been a Straight-Up Total Betty but she was compelling and had very interesting if haunting features (her mouth, her eyes). Got more pictures of Kate, anyone? We've got Emily's poems. See the AP story "Scholars may have second photo of poet Emily Dickinson".
(Photo: AP)
Posted by Holden Oliver (Kitzbühel Desk) at 01:30 AM | Comments (0)
September 06, 2012
Bill Clinton's Only Tragedy.
It's that he has never made a closing argument to a jury. I watched his speech last night at the Democratic convention. Even though I have raised money for Dem pols, I don't think, act or vote along party lines and hopefully never will. I voted "R" in the last presidential election. But I am also--no matter what I do or think--a lawyer who has made pitches before federal and state courts for nearly 25 years. There is no one living better at making ideas come alive, putting arcane ideas in people-speak and summing up than one William Jefferson Clinton. No one. Amazing. He's always prepared, too. The boy comes to play, doesn't he?
Photo: NY Daily News.
Posted by JD Hull at 03:15 PM | Comments (0)
September 04, 2012
Back to School. Back to Work. Back to Basics. And Rule One.
In most commercial law practices, you are delivering unique services. If you do not respect, admire or at least or "like" your client, the client and your firm are both compromised. You cannot do your best work for that client. Get that customer to another firm. Find another customer that shares your firm's values. See Rule One: Represent Only Clients You "Like" in our 12 Rules of Client Service.
Posted by JD Hull at 11:31 PM | Comments (0)
Burning Man: Day 8.
Back off, man. We know a great alternate reality when we see one.
Posted by JD Hull at 12:32 AM | Comments (0)
September 01, 2012
Work, Workaholics and Dreams: When did hard work become a loathsome disease?
So it's safe for driven folks to come out of the closet? Really? There is one thing some of us really love about The Recession, which slogs seemingly forever into its 5th year. It is simply this: no one seems to be telling us anymore how many hours or how intensely we should "work". See this 2006 classic by our friend Stephanie West Allen, a vindication (and explanation) of Ben Franklin, Tom Edison, Steve Jobs---and other "sick" folks. Her article is "Hot Worms and Workaholics: Let the Workers Be". It's inspired in part by a study which showed that some simple life forms thrived in conditions that would harm, and even destroy, fellow members of the same species. Excerpt:
I have met many hot worm lawyers and I suspect there may be whole firms composed primarily of hot worms. These lawyers thrive on conditions that might prove injurious or even fatal to other lawyers. I am concerned for the hot worm lawyers and the damage that might be done to them if someone decided that these torrid wigglers needed to swim in cooler waters, to achieve life balance as defined by some other worm.
Denver-based Ms. Allen
Posted by Holden Oliver (Kitzbühel Desk) at 12:44 AM | Comments (0)