On August 4, 2003, ethicalEsq offered a bit of free antitrust advice to four lawyers,
from three NY Capital Region law firms, who were about to launch a giant joint-
marketing campaign. (see Did This “Dream Team” Ever Take Antitrust 101?)
Calling themselves The Dream Team, the already-successful and high-profile p/i
lawyers were on tv screens and billboards for several months.
The self-proclaimed “Dream Team” included: E. Stewart Jones from Troy,
Steve Coffey and Tom DiNovo of Albany’s O’Connell & Aronowitz, and
We’ve been wondering what happened to The Dream Team — whose individual
firms have been again advertising separately — and the answer came in an article
this Sunday from the Albany Times Union — “Lawyer team’s dream ended in squab-
ble over ad’s wording,” by Carol DeMare, Oct. 30, 2005) As the article explains:
“The Dream Team lasted only three or four months. The Com-
mittee on Professional Standards, which monitors attorneys’ conduct,
questioned the advertisement and “said it could be misleading,” Coffey
said Friday. The committee told the lawyers that “people might not be
sure if they were getting three firms or one firm,” Coffey said. . . .
“To avoid confusion, the commercials began carrying a disclaimer that
only one of the three firms would be involved with a case, chosen on a
revolving basis, Coffey said.
“Initially, the committee appeared satisfied. “But then they called back
and said, ‘No, we don’t think your disclaimer will work. We don’t think
the Dream Team of three firms will work,”‘ Coffey said.”
According to Coffey, it was a “successful campaign” with “a tremendous amount
of feedback. . . It was very well received, people liked it, were very happy with it.”
Nonetheless, Team members decided not to appeal the issue to the Appellate
Division of the Supreme Court, despite Coffey wanting to challenge it “on the basis
of First Amendment right of freedom of association.” Coffey continued:
“I thought we had the right to do it. I didn’t think it was misleading at
all and, if so, we could correct it. But, overall, we made a business
decision that it wasn’t worth it.”
“It was a concept as far as I know never adopted by anyone else
in the country, a great concept.”
Well, we don’t think this will help the Dream Team’s image — three law firms with
hard-hitting tv ads and tough images, who can’t find the gumption to defend their
purported constitutional rights in order to protect a successful marketing tool. For
the reasons we gave two years ago, we believe there were plenty of antitrust issues
surrounding the joint venture that needed to be cleared up. In addition, there was
indeed a great potential for consumer confusion.
The team mates obviously didn’t have enough faith in the project to continue their
fight. I think that’s the best result for Capital Region consumers, and I hope law
firms in other areas see this outcome and decide this “great concept” needs to
remain a dream rather than a reality.
f/k/a’s Honored Guest Poets aren’t rivals. But, any pair of them
clearly constitute a haiku Dream Team. Here are Peggy Lyles
and paul m, to prove my point:
witnessing his will
the frost-hatched
pane
chalk dust
in the eraser trough
autumn chill
yellow leaves
a girl plays hopscotch
by herself
from To Hear the Rain (Brooks Books, 2002)
fallen leaves
the rusty wheelbarrow
heavy with stones
coming nor’easter
all the coins
younger than me
we walk in silence
a sea stone
not there at high tide
“fallen leaves” – finding the way (Press Here, 2002)
“coming” & “we walk” – Roadrunner Haiku Journal V:2
November 3, 2005
three law firms give up their “Dream Team” joint p/i ads
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finito con “scalito” — it’s a silly sobriquet
This grandson of Italy is firmly in the camp of those who would prefer
an early burial of the nickname “Scalito” for Judge Samual Alito, at least
for purposes of public discourse — not, however, because it is a grave
insult to Italian-Americans. I think it is sufficiently immature, misleading
and insulting (to both ends of the portmanteau — Scalia and Alito), to be
inappropriate in a serious public debate.
For an extensive and excellent discussion of the debate over the
word “Scalito,” complete with linguisitic and political analysis, see Benjamin
Zimmer’s Language Log, which featured “A perilous portmanteau?” (Nov. 1,
2005) and “Squabbles over ‘Scalito’” (Nov. 2, 2005). Nick at musementpark
also has a few prime comments, suggesting that those who love wordplay
had little choice but to dream up the nickname for Judge Sam.
empty bottle
a few words
I would like to take back
The immediate charges of anti-Italian bias by the National Italian American
Foundation (NIAL) and racism by unnamed Republican operatives, followed
by defensive speculations on the left about the intentions of the complainants,
suggest that raising the American Emotional Quotient (and especially that
of the media, the Web, and “defamation professionals”) should be an important
national priority.
on the face
that last night called me names
morning sunbeam
earplugs
now my heart is
too loud
(Brooks Books, 2000)
Whether hired, self-annoited or otherwise chosen, those who see their jobs
as protecting and defending the “reputation” of any group, far too often adopt
a lowest-common-threshold of offense, and an ultra-sensitive ear for insult.
Thus, NIAF complained in its press release (on Oct. 31, 2005):
“scalitoXNover”
“The NIAF is distressed by the attempts of some senators and
the media (CNN,CBS) to marginalize Judge Samuel Alito’s out-
standing record, by frequent reference to his Italian heritage
and by the use of the nickname, ‘Scalito’.”
Oddly, NIAF mentioned Alito’s Italian heritage two times in the three-
sentence press release that same day, in which it applauded Pres.
Bush’s appointment of Judge Alito. More telling, the Foundation’s own
Mission Statement boasts that it is “raising the prominence of all things
Italian in American culture and society, and making ‘Italian American’
part of the national conversation.” People who group together to broad-
cast their pride in their ancestry, should not be insulted when their
ancestry is pointed out. On the personal, group and ethnic level, looking
for reasons to be insulted makes you look pathologically insecure.
and so is Justice Scalia,” the response from NIAF should be,
“Yes, and ain’t that grand!”
Until Sam Alito lets us know that he considers “Scalito” to be a fine
sobriquet, and Antonin Scalia concurs in adopting the portmanteau,
let’s shelve it and get to the merits of this nomination. Crybabies and
namecallers shouldn’t be directing this show.
p.s. I disagree with NIAF and with BMG‘s David Kravitz that
it would be anti-semitic to use similar wordplay linking the
names of Jewish judges who are seen as ideologically-close.
The fact that some observers might call it anti-semitic is not
persuasive, without more evidence of malicious intent. Pointing
out that two smart and successful judges happen to be both
Jewish — or Italian, or Catholic — is not ethnic prejudice.
[For example: If the hypothetical Judges Greenberg and
Goldberger were perceived as judicial soul-mates, referring
to the pair as “Greenberger” (or even “Cheeseberger” ) might
be silly or insulting, but it isn’t on its face anti-semitic.]
first snow
what a racket
from the geese
I know the rules–
the wind blows
the leaves move
still ahead of us
the storm
we’ve been driving toward
their laughter
is not about me
but would sound
just like that
if it was
except: “empty bottle” – Upstate Dim Sum (2002/I)
“scalitoXGover”
Comments Off on finito con “scalito” — it’s a silly sobriquet
November 2, 2005
subsidizing your spam-ma mater
We might not like the name (“law porn“) that law professors gave
to the avalanche of slick brochures they receive from horn-tooting
law schools. But, we sure can relate to the general queasiness
that comes from finding a mailbox stuffed with glossy solicitations
from every educational institution you — or an offspring of yours —
have every attended.
This topic became topical for me, with yesterday’s
announcement that the Post Rate Commission has approved
a rate hike request of approximately 5.4% for most kinds of mail
delivered by the United States Postal Service. (See AP/Boston
Globe article). The news coincided with a dumpster-ful of
brochures and catalogues being stuffed into my home mailbox
this afternoon — many of them from schools or alumni associ-
ations, and all of them receiving discounted rates under the USPS
Let’s be clear: I do not begrudge the USPS getting two cents more
for first class postage starting in January 2006, and am not one of
those who bash USPS for poor service — necessitating this great
PR letter from USPS. What I do wonder about is the special
break — the recommendation of a smaller rate increase — for
non-profit entities. According to the Associated Press/Globe:
“The rate commission said its decision reduced proposed
increases for nonprofit organizations and small local news-
papers, but would raise the post office’s planned charges
for mailing books and media materials.”
Nice priorities! It’ll cost more for me to send books, so that schools
can continue to mail me costly presentations imploring me to endow
a chair or two, or honoring alumni for their donations, and enticing me
to travel to exotic places with famous educators for $20,000 or more
per person (double occupancy).
One of the pieces in today’s mail proudly announced that “In fiscal
year 2005, more than 135 alumni took Travel Society trips to such
destinations as Costa Rica, Alaska and the Antietam National
Battlefield.” That’s right: thousands upon thousands of glossies
were mailed to alumni several times during the year — at discount
mailing rates — so that “more than 135” of those with substantial
disposable income could take an Alumni-affiliated trip. What a
deal.
Guide spammers. It seems like two or three a month,
sometimes more. Save the money, I’m never going.
“mailboxN” I don’t know if UPS and FedEx are right that the United States
Postal Service is “using profits from its first-class mail monopoly
to fund Priority Mail and Express Mail, which compete with their small
package deliveries.” (Atlanta Journal-Constitution, “Snail Mail Costs
scheduled to rise,” Nov. 2, 2005.) But, I do know that the Postal Rate
Commission wants to make it easier for ACLU and CATO Institute,
Harvard, Georgetown, McQuaid Jesuit High, and all sorts of political
action committees to send me stuff. And, I don’t like it.
Maybe I can’t stop my spamma maters from overwhelming my poor
mail carrier, and undermining my faith in higher education. But, I’d
like to suggest one requirement for all mailers who want to send
discounted or junk-mail, and especially non-profits who get an even
bigger break: On each piece of mail state “It cost us $_____ to send
you this item.” Members of the public might be moved by such
information to ask for new priorities at the Postal Rate Commission.
Alumni might let their schools know that they should save that fee,
plus the expensive production costs, and put us on a “Do Not Mail
List.” Then, maybe, there’s a chance of a bequest from me down
the line.
Was somebody afraid of hurting the feelings of the senders?
The recipients? The Postally Correct crowd strikes again.
Enough said — and more than enough received.
p.s. To GEICO and AARP: I do not need to hear from
you every single week.
by dagosan
special delivery –
a smile from
the pregnant mailman
[Nov. 2, 2005]
“NoYabutsSN”
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poesia di un alito?
Since discovering that “alito” means “breath” in Italian,
I’ve wondered how you say “one-breath poetry” in that
language. As I have never studied the language of my
ancestors, I can only guess: “poesia di un alito.” Help
from readers would be appreciated.
Meanwhile, enjoy a few one-breath poems
from Lee Gurga:
morning calm . . .
heavy with frost the leaves
continue to fall
darkness before dawn–
the way your legs sleep
not closed not open
first snow–
the little boy laughing
in his sleep
television light
flickers on my children’s faces —
autumn sunset
(Brooks Books, 1998)
by dagosan
from last November:
even lovelier
naked
backyard elm
potluck
bay-window of my home office, with bright sunshine
illuminating the remaining golden leaves on surrounding
trees. I could write a few blurbs on lawyerly or political
issues, or I could go outside right now, and enjoy this
aumtumn day before the early sunset arrives. Well?
While strolling along the Mohawk River, I’ll perhaps
have a haiku inspiration to bring home for dagosan.
If you really need some commentary to keep you busy
until you can leave your office, check out the RiskProf‘s
discussion of terror torts, and the list of questions about
abortion law shoud Roe v, Wade be overturned, presented
at Mirror of Justice, and written by Prof. Steve Shiffrin.
Comments Off on poesia di un alito?
November 1, 2005
november? what’s the hurry?
So soon, it’s November. I am not ready for the “holiday season.”
However, Markowski-san still believes in (retail) magic, it seems:
The f/k/a gang is still thinking of ghouls and graveyards,
empty candy wrappers and autumn’s special moments.
It’s a Tom Painting kind of mood:
a dry leaf
scratches along the sidewalk
running laps
in the graveyard
the fitness buff
Indian summer
the watercolorist paints
a leaf on the lake
headstones
his wife at a loss
for words
“running laps” – bottle rockets #13
“headstones” – hauku canada newsletter (Spring 2005)
“Indian summer” & “a dry leaf” – haiku chapbook piano practice
see Sam Schaeffer (and his daddy’s briefcase).
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Carolyn’s priorities
If you wonder why Carolyn Elefant is so passionate about making
a law practice and a life that has plenty of time for her children,
take a look at this great photo (and don’t miss Frisky the dog,
either).
“CarolynKidsG” orig.
just enough:
one wheelbarrow
two sisters, three pumpkins
Getting organized and staying on task is not always easy for many
lawyers — myself most definitely included. Indeed, I know very few
lawyers who get anything completed (started?) before a deadline is
imminent. As a weblogger, I can also say it has been very difficult
for me to color within the lines — to pick a realistic schedule or
time commitment and stick to it, no matter what is posted else-
where or what arrives as a Comment or email. That’s why I can
appreciate Carolyn’s new routine, which keeps weblog posting out
of normal work hours.
night out
my wife and I discuss
the kids
One more Elefant pointer on a related topic: see her post
“Practicing Law on a Full Stomach.” It quotes a GP Solo
article, which makes the important observation that clients
need their lawyers to be emotionally healthy — and we must
therefore tend to our own emotional wellbeing to be our best
as a person and advocate.
winter hike
the baby’s breath
warms my neck
I do want to make one quibble with the author of the article,
Robin Page West. In a list of recommendations, Robin says
we should “adopt the attitude that we deserve to be happy.”
I believe that thinking you deserve happiness — as opposed
to thinking that you are worthy of it — can be a sure recipe for
frustration that prevents happiness. It’s better to banish any
notion that you are somehow unworthy of happiness (due to
flaws) or that you cannot be happy until certain prerequisities
are met in your life. Then, be open to finding happiness in what
is around you — and in what you can reach with a little effort.
my toddler
helps pack her travel bag —
co-custody
November 1st —
All Sales Day
in the candy aisle
under her sheets –
the sleepy ghost
hides a Snickers bar
[Nov. 1, 2005]
potluck
ous Halloween is nowadays, due to sexual predators —
and trumpeting the rigid parole restrictions placed on the
the news on Halloween (at 5, 6, 10, and 11 PM) with the
sexual predator story. So, we got to hear more parents
say how much they appreciate the restrictions, and more
politicians and police officers saying all they did last
night to keep those predators in place.
Naturally, there was not even one mention that no one
on parole for sex predation has committed such an offense
on Halloween within the memory of any official across the
nation. (see our prior post)
One lone voice of wisdom on the topic on our local
airways was the owner of The Costumer, in Schenectady,
who told Capital News 9:
“The thing that frightens me is the sex offender
that hasn’t been caught yet. He’s still out there,
and how to prevent that kind of involvement —
mother and father.”
Also, the New York Civil Liberties Union told Channel 9 that
“The public would be better served by comprehensive and
effective means of protecting children from sexual predators
on the other 364 days a year and not just on Halloween.” On
balance, I think the tv stations are guiltier than the politicians
for milking this non-story and using unjustified scare tactics. Of
course, it was government officials who decided to waste the
resources required to pull off this great Halloween sham.
