Attorney Journals, Orange County, Volume 171

ORANGE COUNTY

Volume 171, 2020 $6.95

Leading Successful Practices Through COVID-19

Susan Lambreth COVID-19: How to Prepare for Potential Future Disputes

Skadden

16 Easy Ways to Connect While Social Distancing

Stefanie Marrone Don’t Let Your Blogs and Content Fall Victim to COVID-19

Jim Bliwas

Standing Out in the New Norm: Be the Solution ...

Merry Neitlich 8 Ways to Keep the Business Development Engine Running During COVID-19

Doug Ott

Attorney of the Month

Jonathan LaCour Employees First Labor Law P.C., Irvine Making Good Cases Extraordinary

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2020 EDITION—NO.171

TABLE OF CONTENTS 6 COVID-19: How to Prepare for Potential Future Disputes

by Skadden, Arps, Slate, Meagher & Flom LLP

10 Eight Ways to Keep the Business Development Engine Running During COVID-19

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by Doug Ott

12 Community News EXECUTIVE PUBLISHER Brian Topor

ATTORNEY OF THE MONTH

EDITOR Wendy Price

16 Jonathan LaCour, Employees First Labor Law P.C., Irvine Making Good Cases Extraordinary

CREATIVE SERVICES Penn Creative CIRCULATION Angela Watson

by Dan Baldwin

PHOTOGRAPHY Chris Griffiths STAFF WRITERS Dan Baldwin Jennifer Hadley CONTRIBUTING EDITORIALISTS Merry Neitlich Doug Ott Susan Lambreth Stefanie Marrone Jim Bliwas Skadden WEBMASTER Mariusz Opalka ADVERTISING INQUIRIES Info@AttorneyJournals.com SUBMIT AN ARTICLE Editorial@AttorneyJournals.com OFFICE 30211 Avenida De Las Banderas Suite 200 Rancho Santa Margarita, CA 92688 www.AttorneyJournals.com ADDRESS CHANGES Address corrections can be made via fax, email or postal mail.

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22 Don’t Let Your Blogs and Content Fall Victim to COVID-19

by Jim Bliwas

24 Sixteen Easy Ways to Network, Connect with Clients, and Build Brand While Social Distancing

by Stefanie Marrone

26 Standing Out in the New Norm: Be the Solution ...

by Merry Neitlich

28 Leading Successful Practices Through COVID-19

by Susan Lambreth

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COVID-19: How to Prepare for Potential Future Disputes Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized

by Skadden, Arps, Slate, Meagher & Flom LLP

A

s the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely impact the company and its employees. Inter alia, companies need to decide whether they are obliged to perform what is stated in their contracts or whether some actions may be excused, including those: • under an applicable force majeure clause or statutory provision, such as Article 79 of the U.N. Convention on Contracts for the International Sale of Goods (CISG); or • under statutory or common law principles, such as frustration, impossibility or clausula rebus sic stantibus.

Companies faced with counterparties that cannot honor contracts due to the effects of COVID-19 likewise will need to decide how to react, in particular regarding whether or not to seek an interim injunction for continued performance.

Companies and their directors and officers should bear in mind that their decisions may face legal challenges at any time. Measures that may appear inevitable or unavoidable may be questioned in hindsight by others who did not experience the situation firsthand or who may have considered an alternate approach more prudent. Past arbitration and litigation experiences show that it is not always easy to convey, in subsequent legal proceedings, the sense of urgency and necessity that was perceived at the time.

Disputes Likely Will Be Fact-Driven Companies may face significant legal challenges as a consequence of decisions to refuse to honor a contract in response to impediments caused

by COVID-19. Even though the underlying pandemic-related premise for failure to comply likely will be the same, each case will be considered based on very specific facts. For example, under CISG Article 79, it is not sufficient for a company to simply argue that the failure to perform was due to an impediment beyond a party’s control (i.e., an event such as a pandemic) and therefore the company could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract. As such, a party invoking CISG Article 79 also must show that it could not reasonably have avoided or overcome the impediment or its consequences. Whether this can be established will depend very specifically on how COVID-19 affected that party and the measures the company undertook to respond. For example, a party rejecting delivering certain goods due to COVID-19 should be able to prove that: • it did everything reasonably possible to retain its ability to perform.

• it evaluated all possible alternatives to a rejection of performance, including covering purchases; and • it determined that, if there were alternatives, the associated costs were disproportionate.

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Attorney Journals Orange County | Volume 171, 2020

Similar considerations are likely to apply under most force majeure clauses, which, however, differ greatly in wording. Additionally, their interpretation may depend on the applicable law.

Directors Individually May Face Dispute Claims It appears likely that not only will disputes arise between companies in relation to their respective performance obligations, but we may also see directors having to address dispute claims. A director whose company is ordered to pay damages as a result of his or her decision may be personally liable—subject to any protection from directors and officers liability insurance—unless he or she can show that the decision was made based on sound business judgment. Establishing this may require proving that all potential options were thoroughly assessed and that, ultimately, a decision was made based on reliable legal advice.

Documentation Is Key Disputes often pit one witness’s word against another. Therefore, contemporaneous documents are key in deciding disputes, as they may be enough to substantiate or disprove a claim. In addition, documents are the key source for witnesses in helping to refresh their memories. Judges and arbitrators seldom reject the witness testimony of one party merely because it is disputed by another witness; they more often reject testimony because witness statements end up being disproven or unsupported by contemporaneous documentary evidence. It is not only in the best interest of the company, but also each decision-maker, that decisions and their genesis are properly documented.

Accordingly, companies making decisions that may negatively affect others should document: • • • •

when the decision to take a certain action was taken. which alternative options were available. why the specific option was chosen. what assessment was made regarding the possible impact of the decision on others.

• what measures were taken to avoid having to make the decision.

• who made the ultimate decision; and • what advice—particularly legal advice—was sought before making the decision.

Decision trees can help not only in finding the right solution, but also in documenting that a decision was taken with due care. When decisions are assessed and made verbally, it is particularly important to document them in writing by preparing detailed protocols.

In particular, companies that are negatively affected by decisions made by their counterparties should document all circumstances that will enable them to prove damages, including why they were specifically caused by a certain decision. In complex scenarios where arbitration or litigation is anticipated, it may be sensible, even at an early stage, to involve damage experts in order to ensure that financial risks and potential damages are properly and thoroughly assessed.

All internal and external correspondence should be stored. As such, when important discussions take place verbally, notes should be taken.

With the agreement of everyone involved, it also may be possible to record phone calls.

Some decisions are particularly delicate, including those involving communication with competitors regarding measures to address the crisis. In these situations, it is critically important to document the specific scope and content of such communications in order to withstand potential investigations by cartel authorities. Additionally, decisions to take measures that may lead to the counterparty’s insolvency are often extremely sensitive. Such decisions may occur in the coming weeks and months, as some companies may be even more vulnerable because of the COVID-19 pandemic. In such cases, insolvency administrators usually have less hesitation to initiate a legal action than the management of a company in an ongoing business relationship.

Documentation Should Be Organized and Stored Contemporaneously Documentation does not stop at simply recording decisions. All relevant documents should be organized and stored in a logical manner and be accessible by others, including in-house legal advisers.

Some disputes may not materialize until months or years in the future.

As such, companies should ensure that they maintain sufficient records and are not dependent on individuals who may no longer be employed at the company by the time a dispute arises.

Organizing and storing documents contemporaneously has many advantages: • all relevant documents will be identified.

• intentional or unintentional deletion or loss of pivotal documents is avoided.

• in-house legal counsel, and potentially external lawyers, are better able to assess the case; and • if a secure system is in place that prevents any tampering with the documentation, the evidentiary value of the documentation is increased.

Pitfalls of Good Documentation; Preserving Legal Privilege Good documentation can serve as a weapon in a dispute. However, that arsenal of documentation also may become available to the opponent depending on where the dispute takes place. In international arbitrations and litigation in several jurisdictions, particularly in the U.S., relevant documents may need to be handed over to the opponent, unless they are protected by legal privilege.

Under U.S. federal and state laws, documents referencing or reflecting legal advice may be protected from disclosure on account of attorneyclient privilege and/or the attorney work-product doctrine. In contrast to the laws of some countries, in the U.S. attorney-client privilege applies to communications with both in-house and outside counsel.

Attorney-client privilege protects confidential attorney-client communications made for the purpose of requesting, giving, or receiving legal advice from being disclosed. To be protected, the communication must have been made in order to seek or provide legal advice.

Communications with an attorney for other purposes (i.e., if the attorney is serving as purely a business adviser) are therefore not protected.

The work-product doctrine protects attorneys’ impressions, conclusions and/or legal theories developed in anticipation of litigation. However, the doctrine does not offer complete protection from disclosure. To the extent that an attorney’s work contains relevant and non-privileged facts, it may be disclosable in cases where the plaintiff can show a substantial need for the information and cannot otherwise obtain equivalent information without undue hardship. An inquiry therefore will be fact specific.

U.S. courts will usually—though not always—apply privilege rules in situations where the communication took place outside the U.S. and under a different legal regime. Parties outside the U.S. can take a number of steps in order to put themselves in the best possible position to utilize attorney-client privilege and/or the work-product doctrine in the case of U.S.-based litigation or an international arbitration with a U.S. counterparty. These steps include: • In circumstances where it appears likely that you are headed for litigation or arbitration, it is advisable to involve attorneys as early as possible in the process. Employees also should be made aware of the importance of preserving privilege regarding communications and documents containing or incorporating legal advice and should be encouraged to include attorneys in their discussions where appropriate.

• When seeking in-house attorneys’ or outside counsel’s legal advice, make clear in the body of the communication that you are seeking such advice. Be aware that merely copying an attorney on communication will not make the communication privileged and will not shield that document from disclosure.

• Consider putting the header “Privileged: Attorney-Client Communication” on communications with your in-house attorneys or outside counsel. This header alone does not make a document privileged but will serve as an indicator that you intended a communication to be privileged. Keep in mind that the overuse of such a header may dilute a legitimate claim of privilege or work-product protection.

• Do not forward emails or other communications from your in-house attorneys or outside counsel to third parties or discuss what you and your attorney talk about with a third party, unless counsel has confirmed that it is appropriate to do so.

• Where possible, limit employee access to privileged documents to only those representatives who are directly involved in the pending legal proceeding or dispute to which the document pertains.

• Control who creates documents. Documents concerning pending litigation or arbitration, or disputes anticipated to possibly result in a legal proceeding, should indicate that they are prepared for litigation purposes (and, where true, at the request of counsel). n Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates offers clients around the globe solutions to the most challenging legal issues in virtually every area of corporate law. We share a commitment to providing our clients with the highest-quality and most cost-effective legal services in an atmosphere emphasizing teamwork, creativity, responsiveness, and diversity.

Attorney Journals Orange County | Volume 171, 2020

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Eight Ways to Keep the Business Development Engine Running During COVID-19

by Doug Ott

B

y now, most of you are settling into your new work environment. Some have greater challenges than others.

Whether being confined to a small city apartment or a household of children who now need to be homeschooled, this transition has not been easy.

During these uncertain times, I find it healthy to reflect on upbeat memories. I recently recalled the feeling I had when I purchased my first car with my own money— a ’66 Mustang powered by a V8 289 engine. Pure joy! When properly maintained, it was a dream to drive. ...now is the time to get creative with strengthening your internal and external relationships.

In that vein, this is not the time to let your business development engine idle. In fact, now is the time to keep the foot on the pedal and get creative with strengthening your internal and external relationships. It is also an excellent time to work on your personal brand and well-being.

In the spirit of a V8-powered Mustang, here are eight tips for maintaining your business development engine on the rough roads ahead:

1. Create a system to better organize your relationship development and tracking Most professionals I meet do not have an effective method of tracking their important relationships. If your firm recently invested in a CRM (Client Relationship Management) tool, now is the time to learn it and start using it.

You can also create a simple Excel spreadsheet that organizes your relationship groups into separate “buckets.” I use one for myself and prescribe to my clients an Excel tool that I created called the Relationship Tracker. It encompasses the important elements—Priority Ranking, Location, Last Contact, Comments, and Follow Up Steps.

2. Create or revise your business plan If you have not written a plan on how to prioritize your business development efforts in a strategic manner, now is the time.

Think of those relationships that are going to be most important to develop and why. Set realistic and stretch goals considering

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the uncertain market. Reevaluate what else you can be doing to improve your credibility and brand.

If you already have a plan, consider revisiting it. Consider resetting your goals to be realistic yet still challenging this year. Revisit your target client list. Adjust the time you need to allocate to BD activities that make the most sense in the changed work environment.

3. Consider ways to give back to the market As Zig Ziglar said, “you can have everything in life you want if you will just help other people get what they want.” This is a time to ask how you can help others. Offer a free 30-minute consultation to a prospective client in need. Join an association of interest and ask how you can get involved. Donate to a nonprofit that is helping the people most affected by the pandemic.

Now is the time to help your network...

Now is the time to help your network without worrying about receiving anything in return.

4. Learn and leverage social media If your social media knowledge is limited, reach out to a coach, colleague, family member or friend for help. Once you learn the basics, invest time posting and reading content on LinkedIn and/or Twitter that will strengthen your brand and broaden your market knowledge.

5. C ollaborate with colleagues, clients, prospective clients, or other subject matter experts Co-author an article or co-host a webinar or Zoom discussion.

Reach out to colleagues in other practice areas or departments to discuss how to work together on growing target clients.

This is an excellent way to not only strengthen your credibility but also deepen relationships with those who partner with you.

6. Take care of your important clients How often do you think about why clients choose to work with or refer you? Your expertise and experience are the baseline

criteria for most clients. The quality of the relationship is often the determining factor. Build a relationship with them like they are family. What else could you be doing to take care of these people during such difficult times?

Think about what you can do to go beyond the normal call of duty to show them that you care. Maybe it is sending a small gift such as an Amazon or Netflix gift card that they may appreciate while working from home. Offer free group calls for anyone on their team who might need support. Or maybe it is as simple as lending an ear in a time when they need emotional support.

There is no one right way. Think about what is important to that particular client and act now.

7. Take care of yourself It is easy to be caught up in the daily grind of back-to-back Zoom calls or computer work in your new “bunker.” Step away from your computer and give your mind a break and your body some exercise during the day.

Movement keeps you alert, productive, and healthy.

8. L ook for the silver lining during this sobering time of uncertainty By now, cabin fever is slowly setting in for many of us. The inclination is to get down and frustrated. We need to fight

against these feelings as best we can.

Instead of getting depressed, unmotivated, or fueling every conversation with COVID-19-related news, try to look at this time of change as a new opportunity for improvement in your life.

I believe this is an excellent opportunity for many of us to push “reset” in our lives. It is easy to get caught up in the daily grind, which may include enduring the dreaded daily commute, living out of an airport, eating poorly, not exercising, and worse yet, not spending enough time with family and loved ones. Take this opportunity to reconnect with what is most important to you and what charges your batteries.

This disruption will eventually pass. In the meantime, take this opportunity to fine-tune your business development engine to not only get through the rough roads ahead but to also incorporate better habits for the long-term journey beyond this crisis. n Doug Ott is an executive coach, leadership trainer, facilitator and speaker at Doug Ott Consulting, LLC. He leverages more than three decades of business development and leadership experience to help individuals and teams drive revenue growth. He provides leadership and business development consulting, one-on-one coaching, group coaching, practice group leadership skills development, strategic planning, workshops, and public speaking. Learn more at www.dougottconsulting.com.

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10021 Willow Creek Road, Suite 200, San Diego, California 92131 Telephone: (858) 444-2300 Facsimile: (858) 444-2345 www.bsllp.com

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COMMUNITY news n Snell & Wilmer is pleased to welcome new employment partner Gina L. Miller and new real estate attorney David J. King to the Orange County office. Miller and King joined the firm in February 2020 and March 2020 respectively. Miller comes to Snell & Wilmer from Call & Jensen as a partner with experience in complex GINA L. MILLER wage and hour class actions, as well as single plaintiff lawsuits in the areas of discrimination, wrongful termination, retaliation, harassment and breach of contract. She has represented clients before the Labor Commissioner and the Equal Employment Opportunity Commission (EEOC). Miller graduated from Westmont College with a B.A. in communications and received her J.D. DAVID J. KING at the University of San Diego School of Law. King brings over 20 years of experience practicing law to Snell & Wilmer’s real estate group. He focuses his practice on all manner of commercial real estate leasing transactions, including office space, retail, mixed-use, lifestyle/entertainment centers, hospitality and development and operations for some of the largest landlords and tenants in the country. n Reuben Camper Cahn, partner at Keller/Anderle LLP, a nationally recognized bet-the-company business litigation firm based in Irvine, has become a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. Founded in 1950, the College is composed of the best of the trial bar REUBEN CAMPER CAHN from the United States and Canada.

Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Reuben Camper Cahn has tried over 100 cases to jury verdict and has argued twice before the Supreme Court (in 2011 and 2018) in addition to numerous arguments before both the 9th and 11th Circuits. This combination of skill and experience at the highest levels establishes Mr. Cahn as one of the most exceptional lawyers of his generation.

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Attorney Journals Orange County | Volume 171, 2020

n Two CaseyGerry partners—David S. Casey Jr. and Gayle M. Blatt—have been ranked among the Top Ten San Diego Lawyers in the 2020 edition of San Diego Super Lawyers. Additionally, Blatt is ranked among the Top 25 Women Attorneys in this latest edition.

This marks the second consecutive year Blatt and Casey Jr. have been DAVID S. CASEY JR. recognized as among the Top Ten Super Lawyers and the fifth consecutive year Blatt has been ranked as one of the Top 25 Women Super Lawyers.

Eleven CaseyGerry attorneys in total are featured in this edition, including partners Robert J. Francavilla, Thomas D. Luneau, Thomas D. Penfield and Frederick Schenk, and associates Angela Jae Chun and Srinivas Hanumadass, GAYLE M. BLATT with Jason C. Evans, Jillian F. Hayes and Adam B. Levine featured as San Diego Super Lawyers Rising Stars. Super Lawyers annually ranks the top attorneys in San Diego with just five percent of San Diego attorneys meeting Super Lawyers’ rigorous standards. n Solomon Ward Seidenwurm & Smith, LLP announces that Rebecca Van Loon has joined the firm as a partner. With a nine-year practice focusing in the areas of estate planning, trust and probate administration and taxation law, Van Loon assists families and individuals with all aspects of estate planning, including wills, trusts, REBECCA VAN LOON advance health care directives and financial powers of attorney. She also assists clients with estate, gift and property tax planning, including charitable gift planning. A Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Van Loon’s practice also incorporates international estate planning, as well as the representation of individuals, private professional fiduciaries and corporate trustees as fiduciaries through trust and estate administrations. “Rebecca is a highly-skilled estate planning attorney with extensive experience and specialized certification,” said Stephen Schreiner, Solomon Ward’s managing partner. “Her addition to Solomon Ward will enhance our firm’s trust and estate planning practice, as well as the level of expertise we provide to our clients.”

n Hartley LLP Partners Jason Hartley and Jason Lindner were named to Thomson Reuters’ list of “Super Lawyers” for 2020. “Being named a Super Lawyer is a great honor, particularly as the methodology relies on input from our colleagues throughout the state who practice in the same area of law,” said Jason Hartley, JASON HARTLEY Founder of Hartley LLP. Jason Hartley represents exclusively plaintiffs in commercial contingency representation, class action litigation, antitrust, and unfair competition. He is involved in all aspects of civil litigation and has handled cases in both federal and state courts, in litigation and at trial.

Jason Lindner’s practice includes litigation of antitrust, unfair JASON LINDNER competition, complex business, California wage and hour, Fair Labor Standards Act, and other general class action litigation. He has been involved in all aspects of civil litigation in both federal and state courts. He has successfully represented plaintiffs in federal Section 1 (Conspiracy) and Section 2 (Monopoly) Sherman Act cases and in state law actions alleging unfair business practices. n John H. Stephens, a prominent San Diego business and real estate attorney, has been selected to the University of California Hastings College of the Law Foundation Board of Trustees. As a UC Hastings alum (‘78), Stephens is proud to serve an institution that provided the bedrock for an illustrious legal career for him and so many others. As JOHN H. STEPHENS the oldest and largest law school in the University of California system, Hasting is strengthening its reputation as one of the country’s most illustrious legal education institutions. “I am excited to join the Board at a time of transformative growth and expansion for Hastings,” Stephens said. “I’m glad to put my business and real estate law experience to work for the school as it embarks on dramatic new developments that will benefit students, the legal profession and the community for decades to come.” A La Jolla resident, Stephens lived and worked in San Francisco, Los Angeles and New York before returning to San Diego.

He is a partner at Mulvaney Barry, handling real estate and business litigation and transactions.

n Founding Partner Marc S. Schechter has been included in the 2020 San Diego Super Lawyers list for an eighth year. Mr. Schechter specializes in employee benefits, ERISA, and business matters, with special emphasis on ESOP transactions. Mr. Schechter is admitted to practice before the courts of California and New Jersey; the United States District Court for the Southern, Central, and Northern Districts of California; the United States Tax Court; the Ninth Circuit of the United States Court of Appeals; and the United States Supreme Court.

Partner Corey F. Schechter has been recognized on the Super Lawyers–Rising Stars list in 2016 and 2018–2020.

Mr. Schechter’s practice focuses on employee benefits law (ERISA) and executive compensation matters, ERISA litigation, qualified domestic relations orders (QDROs), and business and employment law.

This is Partner Paul D. Woodard’s first year to be recognized and included on the Super Lawyer’s Rising Stars list.

Mr. Woodard’s practice focuses on employee benefits law, employee stock ownership plan, pension, profit sharing and 401(k) plans, ERISA litigation, business law and litigation, qualified domestic relations orders (QDROs), estate planning and trust litigation.

MARC S. SCHECHTER

COREY F. SCHECHTER

PAUL D. WOODARD

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Making Good Cases

Extraordinary FOUNDER OF EMPLOYEES FIRST LABOR LAW P.C. TAKES LEADERSHIP POSITION IN 21 ST CENTURY LAW

“We take good cases and turn them into something extraordinary,” says Jonathan LaCour, Founder and Managing Partner of Employees First Labor Law P.C. Since founding the firm in 2016 his nine-member team has scored a remarkable number of highly successful victories for its clients, including: $5,150,000 traumatic brain injury settlement; a $1,950,000 multiple plaintiff settlement in a case involving unpaid overtime, meal and rest break violations; a $1,800,000 sexual harassment and wrongful termination settlement; a $920,000 disability discrimination and wrongful termination settlement; and a $7,900,000 projected value settlement in worker’s compensation for a traumatic brain injury.

The firm operates throughout Southern California and maintains locations in Irvine, Pasadena, Pomona, Long Beach, Riverside, and Victorville and will be adding a San Diego and Las Vegas, Nevada location within the next few years.

Employees First Labor Law focuses only on representing employees in labor and employment and workers compensation matters against their employers, and products liability matters against manufacturers. Their typical client is a blue-collar worker who has been fired for an illegal reason, has been discriminated against because of their race or gender or religion or sexual orientation, has been sexually harassed or retaliated against, hasn’t been paid overtime or their fair wage, or is facing the challenges of a workplace injury.

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Attorney Journals Orange County | Volume 171, 2020

One of those clients, a restaurant worker, received a $920,000 settlement in January. “Giving him the check was one of the best moments of my career because he wouldn’t have made that much in his lifetime. I can’t tell you how many times we have had a workers’ compensation client who had a serious injury at work but who was able to return to work in some capacity, only to be shut out and fired because of the injury. There’s something special about working with this type of clientele because we have the ability to change our client’s lives and virtually in every case, we make a meaningful impact to their financial wellbeing,” LaCour says.

Making the Short List for Referrals LaCour says, “We give real value. We have the staff, resources, and state-of-the-art technology to respond effectively and efficiently. I’m not afraid to try cases. The ones you win scare everybody and we consistently get results that are higher than average. As a result, we get a lot of referrals.”

LaCour learned the value of working with other talented attorneys early in his career. “My biggest secret was that I took my best cases to other attorneys who were titans of industry. I brought them on board and learned as much as

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I could. I went into the relationship with energy and passion and the intention to absorb the best practices of that law firm.

In the beginning I saw it as ‘paying’ for education, but I learned that those partners create value above and beyond what you would get by yourself. You’ll want to stick with the associate that is assisting your co-counsel because this attorney is in the trenches every day and is usually happy to provide assistance not only for the case you’re co-counseling but in the event you have questions about other matters as well.”

His firm is far from the typical, staid, old-fashioned labor law firm in terms not only in staffing, but also in methods of operation. His people are hip and aggressive, and the firm has the depth, resources, experience, aggression, and ability to take cases into later stages if necessary. Their reputation for success and for the ability to work efficiently with other attorneys and firms explains why referrals are a significant part of his firm’s business.

“People know we mean business and that attracts business.

The result is that we have a reputation with most defense firms that allows us significant leeway and respect from the moment we take on a case. When defense counsel sees that we are on a matter, they know it’s not fluff and we’re there to extract real value. This results in demands being accepted and policies being tendered,” LaCour says.

People know we mean business and that attracts business.

LaCour is extremely selective in the cases he and his team take on and how those cases are prosecuted. They will examine as many as a hundred intakes before signing a case to ensure the firm takes on only the most meritorious cases. The corporate (and personal) goal is to make a meaningful difference in their clients’ lives.

LaCour is personally involved in every case from the beginning until resolution. Few firms can boast that their most skilled attorney follows a case from start to finish. With different firms, a case might be assigned to an associate who knows (or may not know) exactly what to do; LaCour creates the strategy personally and maintains a hands-on guiding posture throughout.

“There isn’t a case with our firm that doesn’t have my fingerprint on it. I’m personally involved with everything and client interaction is through me for all important moments of the case. We have reached a point to where we’re on that short list of firms getting extraordinary results from average cases with good liability. Once you work with someone who has the capability to take cases into the later stages and really work them up, you’re going to get significant value above and beyond what you would always get,” he says.

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Following a Family Tradition and Extending the Family LaCour knew he wanted to be a lawyer from the time he was six or seven years old. He was playing chess with his aunt, a respected criminal defense lawyer. He asked what lawyers did.

She laughed at such a serious question from such a young person and replied that people come to lawyers with problems and that the lawyer helps them solve those problems.

“I was enamored by the fairy tale job she described. People come to you with serious problems, ask questions, and you fix their lives. That really got to me,” LaCour says.

Later while in high school he job-shadowed his aunt, an experience that cemented his drive to become an attorney.

“She’s a prototypical trial lawyer. I think it runs in my family.

I saw first-hand how well she could present and communicate with large groups of people through trial. I thought that I would be particularly good at that, too.”

He always wanted to be a plaintiff-side trial lawyer and after a short a stint on defense side, he opened his own firm. He says he enjoys the labor and employment field so much because it’s not intuitive and therefore requires hard work and genuine effort to become proficient. He enjoys the ongoing challenge to better himself and his firm.

“Some people have a negative viewpoint of the plaintiff’s side, but I see it completely differently. I’m blessed to change the lives of those who have been seriously injured or wrongfully terminated and I make a world of difference for that family. I remain connected with those families. I’ve held a client’s hand as she cried when I secured enough money for her to pay off her debt and buy her first new car. I’ve helped clients purchase homes in Northern California and the Inland Empire. I’ve provided enough money for a client to start his own restaurant.

I champion people who have been harmed and, in the process, I have been blessed to change lives.”

Creating a Modern Office for Modern Times Not only does LaCour find and recruit top talent that is hip, aggressive and technology savvy, he also has designed his firm to take full advantage of state-of-the-art internet and electronic communications.

“We run a paperless office. We’ve embraced technology and even operating from multiple locations. Everything is tied together. I have management software that lets me check in on my people wherever they are at any time. That’s one of the reasons the coronavirus that has so negatively impacted other firms, hasn’t been a serious challenge to the way we conduct our business or the effective way we serve our clients,” LaCour says.

Š christopherTODDstudios

Jonathan and his beautiful wife Jessica Galindo.

Contact Jonathan LaCour Employees First Labor Law P.C. 18100 Von Karman Ave., Suite 850 Irvine, CA 92612 (310) 853-3461 www.employeesfirstlaborlaw.com

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EXPERIENCE © christopherTODDstudios

Although “wearing two hats” as an attorney and as the manager of a business, LaCour has designed his firm to allow him maximum time practicing law.

He is aided significantly by his wife, the office manager, and his father-in-law who is the firm’s accountant. “As some firms get bigger, the managing attorney steers his direction more toward managing and away from lawyering. Clients often end up with an associate attorney who is not up to speed on the case or even the applicable law. That’s not the case with me. She helps me manage the firm. Every case we take has my fingerprints on it. A smaller firm doesn’t have the staff or resources to effectively represent their clients. We’re not small.

We have the capabilities, the resources, and the bandwidth to get real value,” he says.

LaCour’s unofficial corporate model is: If you want to go fast go alone, if you want to go far go together.

Clients agree. “In a hectic world that seems to get busier each and every day, it was my family’s turn to have one of those unfortunate events requiring legal assistance. At first, I felt that I could navigate the world of worker’s compensation, but it quickly drained my mental capacity, not to mention emotional agility.

“Overwhelmed, I contacted a few attorneys, but Jonathan’s straightforward approach and explanation gave a feeling of confidence. Within a few hours, we hired him, and his team was on it. Prompt feedback and replies, regardless of the time or weekends, went a long way. His team took the time not only to worry about the legal matter, but also listen to our concerns.

“Through the process his team carried a professional approach and could break down and explain legal terminology in simple words that we could understand.”

LaCour says, “I may sound like a broken record, but really you don’t know how amazing this is until you’re changing peoples’ lives. I’ve made clients millionaires; I’ve written checks for more than $500,000—more than clients would earn in their entire lifetime. That’s the real economic and personal value of going far together.” n

» EDUCATION

• Juris Doctorate, Loyola Law School. 2011; Dean’s List.

Scott Moot Court; Federal Bar Association National Team • Bachelor of Arts, Psychology. University of California, Riverside. 2008. Dean’s List.

» AWARDS AND RECOGNITIONS

• Top 100 Lawyers, National Advocates; 2017–2020 • Million Dollar Advocates Forum 2019–Present • Multi-Million Dollar Advocates Forum 2019–Present • Top 20 Highest Settlement 2018 in California: Hansen v.

United Parcel Service • Super Lawyers Southern California Rising Star (2020) • Civil Plaintiff—Top 40 Under 40, The National Trial Lawyers (2017–2020) • Avvo 10.0 rating since 2016 • Avvo Clients’ Choice Award 2016–2020

» ASSOCIATIONS

• Million Dollar Advocates Forum, Member • Multi-Million Dollar Advocates Forum, Member • The National Trial Lawyers, Member • Consumer Attorneys of California, Member • Consumer Attorneys of Los Angeles, Member • California Employment Lawyers Association, Member • National Employment Lawyers Association, Member • Orange County Trial Lawyers Association, Member

Orange County’s Premier

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Don’t Let Your Blogs and Content Fall Victim to COVID-19

by Jim Bliwas

W

ith so many business and personal challenges brought on by the COVID-19 pandemic, it’s easy to forget three things: First, your clients are looking for help and advice as they confront the same challenges you and your firm are coping with today.

Second, search engine spiders continue to crawl law firm websites looking for new content and assigning rankings.

Third, as hard as it may be to imagine today, the pandemic will end and business will resume. Clients and prospects will remember those who were helpful to them.

It’s not easy to focus on blogs and adding new webpages when you’re working in your home and handling clients while bored kids are wanting attention, maybe a dog is running around the house who also wants you to play or the cat decides your keyboard is the perfect place to walk across, and when just going to the store for food is a daunting task.

But remaining pertinent and valuable to your clients is more important now than ever.

Keeping Blogs and Content Relevant It’s possible to be relevant and providing useful information while still reminding readers of your area of expertise. Here are a few examples of how we’ve helped clients do both.

• For a law firm specializing in technology matters, we wrote a blog about how companies can protect their IT infrastructure with employees using their own computers, tablets and phones as they work at home.

• For a family law firm, we wrote a blog on how to renegotiate child visitation schedules with COVID-19 still rampaging through the country.

• For a litigation firm focusing on insurance defense, we wrote about how the courts are operating now and what the changes will mean for any pending or potential cases the firm is handling or may handle in the coming months.

Each provides actionable information to help save a reader’s business while reminding readers that the resource has their best interests in mind.

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Offer Ideas, Not Just Information—But Don’t Sell What readers are desperate for now are ideas that will help their business when many firms and companies feel as if they are on their knees.

We run competitive analyses for our law firm clients on an on-going basis and saw that a firm of patent attorneys posted a blog that was nothing but the modified hours of the patent office in Washington during the pandemic. How does that help a reader? Few companies or inventors file their own patent application. Patent laws are complex and the requirements for filing an application require them to be precise and specific.

If every box is not properly ticked off, the submission will be returned. Only patent lawyers know how to file an application and follow up with the USPTO, so why was this firm providing hours of operation?

We have seen similar blogs and client e-mails that help nobody.

They especially do not help the firm or attorney that posted the item or sent out the communique.

Nor does it help anybody when the blog, an email blasted out to the list or a new webpage is little more than a thinly-disguised “sales pitch.” In fact, this sort of content is tone deaf and insulting.

Yes, people still are retaining lawyers but they are hiring in a very different way than in the past and are looking for different things.

Write About What Readers Need Today More than ever, people are looking to their suppliers–and those they may need tomorrow–for help, guidance and solid ideas for doing business during the pandemic.

It’s become a cliché to say that COVID-19 has changed everything. What it hasn’t changed is the need to provide useful information to people. Blogs are always supposed to do this.

Writing about what readers need to know in the context of the pandemic is more important than ever so that your content is not another victim of COVID-19. n Jim Bliwas has worked in and with law firms for three decades. He is the award-winning Senior Marketing and Communications Strategist for PSM Marketing which provides an outsourced marketing department and content for law firms around the United States.

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16 Easy Ways to Network, Connect with Clients, and Build Brand While Social Distancing

by Stefanie Marrone

... your job right now is to lay the foundation for when things return to ‘normal’

You will become a trusted resource if you offer to provide your clients with CLE credits and learning during this time.

know so many of you feel out of sorts right now. Me, too.

Our daily routines have been thrown a huge curveball, but this is not the time to stop marketing yourself, or your firm.

In fact, you want to be top of mind, and you can easily do that through the many online channels available to us—with LinkedIn being the most powerful social platform to build professional relationships.

When I speak at conferences or conduct client trainings, I usually end my presentations with “homework” for attendees.

I always suggest that attendees take the time to complete these to-do items, because I always want to leave attendees with actionable takeaways they can implement right away to enhance their business and brand.

In case you are looking for some “homework” in the marketing and business development area, here are a few ideas to keep you busy. Reach out to me with any questions.

• Write coronavirus-related legal alerts. Explore how the current crisis affects your clients’ businesses and report on updates in the law. Look to see what your competitors are writing about for inspiration and competitive intelligence.

I

• Make a list of your top matters and achievements— you will need this down the road.

• Do more pro bono work—again, much of this work can be done virtually, so raise your hand to help out those who need you the most—there will be a lot of pro bono opportunities as this crisis continues.

• Show genuine care and concern for your clients and do not only rely on email to communicate. This is the time to call your clients and ask how they are doing. It’s not business as usual.

• Set up Google alerts for yourself (so you know what is being said about you) as well as your top clients and VIP contacts so you can keep abreast of significant news about them

• Update your bio and LinkedIn profile.

• Set up at least three video conferences and virtual happy hours/coffee breaks each week—these are great outlets for you and others to maintain relationships while social distancing.

• Taking LinkedIn one step further, create a strong LinkedIn headline and profile cover image.

• Make a list of future conferences that you would like to attend and even better, speak at, and reach out to the conference organizers to express your interest, once we are back to safely gathering in groups.

• Create a virtual CLE program for clients and prospects.

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• Get involved with a bar association or industry committee. There is plenty of work you can do virtually to help organizations you care about.

Attorney Journals Orange County | Volume 171, 2020

• Create a virtual group of key former colleagues and alumni to foster relationship building. Get together by Zoom every other week or monthly—the best part is that you will be connecting individuals in your network to each other, which will be appreciated by everyone.

• Reach out to five contacts with whom you have not been in touch. This is a great time to rekindle relationships.

receiving friend requests on Facebook and follow requests on Instagram from colleagues and clients. It is up to you how you want to handle these but please always exercise caution with what you post on any social media platform and stay away from discussing politics and religion.

Remember this too shall pass and things will return to “normal”—your job now is to lay the foundation for when that does happen and also to be ready, willing, and able to assist your clients during this time of great change, confusion, and stress.

Empathy is the single most important characteristic you can have right now to build stronger relationships. n

• Read the great networking bible Never Eat Alone by Keith Ferrazzi. If you have already read this book, choose another business book or podcast—reading is a great outlet during this stay at home time.

• Create a podcast or video series related to the coronavirus crisis—this does not have to be a high-budget production—right now no one expects that. Speak from the heart about how the coronavirus affects your clients, invite special guests to provide insights. Podcasts and video engagement were growing before the COVID-19 outbreak, and I think it will only continue to do so with so many people looking for a way to break up their days at home.

• Engage on LinkedIn in some way every day—comment on a status, share an article or “like” someone’s post I am seeing the lines between our personal and professional lives become blurrier by the day as many of us want to be more connected to people in general. This may result in you

Stefanie Marrone helps law firms effectively tell their stories and find their unique voices. Over the last 18 years, she has worked with some of the most prominent and innovative law firms in the world, developing and executing global revenue generating business development and communications strategies, including media relations, branding, and multi-channel content marketing and social media campaigns.

She is very passionate about using social media for lead generation and brand building. She has a diverse range of experience in both Big Law and mid-size/small-law firms. Connect with her on LinkedIn and follow her latest writing on JD Supra as well as her blog The Social Media Butterfly.

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Solving challenges with the right combination of expertise.

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Standing Out in the New Norm: Be the Solution ...

by Merry Neitlich

T

he past few weeks have bombarded us with a constant stream of information—not only about the Coronavirus, but about what we need to know to carry on our businesses, to stay safe and healthy, and to provide for our families.

Information seems to morph daily. We have witnessed an unprecedented number of offerings such as webinars, video meetings and conference calls, push emails, podcasts, videos, blogs, social media posts and client outreach.

The redundancy of all of this has contributed to a state of information overload and content fatigue. ...businesses that market and remain visible in a client-focused way during a crisis or downturn recover the quickest.

For those of us focused in the area of business development, the last few weeks of this unparalleled situation have been spent gathering and analyzing information about how to best serve clients. It is crystal clear that those law firms and attorneys that shared the best and most useful content developed and delivered it based on client and industry needs. These firms paid rapt attention to what content was already in the marketplace and what fresh information is still needed.

Clients may have grown weary of attending long webinars and getting through the seemingly endless stream of email blasts. But at the same time, research has demonstrated again and again, those businesses that market and remain visible in a client-focused way during a crisis or downturn recover the quickest. But the information your firm produces must be sensitive and useful in solving clients’ problems.

Then, what do clients view as helpful and effective?

• Deliver a cogent interpretation of new laws, government programs and/or a synthesis of available options.

• Be proactive and gather information early on; avoid being the 10th law firm to share the same information in the same way.

• Call clients and ask how they are doing. Listen carefully, diving deeply into their issues with clarifying questions to gain a clearer understanding of their needs and concerns.

Address them with specificity.

• Do not make decisions for your clients without asking them for input. Your clients want to hear from you.

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Consider attending their planning meetings as one of their trusted advisors.

• In addition to addressing the legal, tax, real estate, or insurance questions your clients are facing, work with them to identify their most pressing business problem(s).

Imagine how thankful and loyal clients will be if you become adept at facilitating meetings using process improvement and process mapping skills to guide them to effective solutions.

What are the most effective marketing strategies and tactics in this unusual environment?

• All content and briefings should speak to clients’ pain points. How do you best craft your message? Use a variety of mediums such as videos, one-page analysis, phone calls, email, interactive video meetings, blogs, and social media posts.

• Your bio is one of the most read pages on your firm’s website. Does it adequately convey your expertise, especially for these times?

• Increase your power and results on LinkedIn by posting, commenting, searching out contacts and clients and commenting on their posts, posting articles, updates, and videos on your firm’s page and then on the attorneys’ pages.

• Set up Google Alerts and LinkedIn Alerts for key clients and industries. Staying on top of industry issues gives you and your partners great opportunity to reach out to clients and prospects on a continuing basis in a meaningful way.

• Consider community involvement or pro-bono work, especially as it relates to your clients/industries.

In this most unusual time in history, your clients need you more than ever. Be the solution for them and not just the restater of the problem. n Merry Neitlich, Managing Partner of EM Consulting, is located in Irvine, California. We assist law firms with strategic business development, branding, websites, legal operations, and client enhancement programs. Merry can be reached at 949.260.0936 or merry@EMconsults.org.

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Leading Successful Practices Through COVID-19—Learn from Your Peers and Pay It Forward

by Susan Lambreth

R

ecently, LawVision hosted a webinar for the members of its Practice Group Professionals Roundtable. This is one of our longest running roundtables, started in 2001. The members are the business directors, chiefs of staff, legal ops leaders for law firm department and practice group leaders— essentially the businesspeople who help the lawyer-leader run the department or groups. Just before the webinar, members had reached out to us with questions about issues like: • Business continuity best practices • Cash conservation activities (including draw and pay cuts, bonus payouts, furloughs/layoffs, increased use of retainers, deferral of projects, etc.)

• Engagement of professionals while working from home • Continuity of PG meetings while working remote • Impact on lateral hiring • Other work from home issues PG Professionals are dealing with or seeing So, we organized a webinar of the members to share their best practices and insights and how they and their group members were coping. Firm members were sharing their success stories and challenges in hopes of helping other firms benefit as well.

As covered in another recent blog, this is a time when it is critical to “over-communicate” live voice and to keep up, if not increase, the social connections of your firm members.

Here are some of the highlights—and I know there will continue to be interesting and creative ways firms are responding: • More frequent partner calls at firm, department or practice group level—where firm management can share the latest updates about changing firm policies, structures and approaches to adapt to new client needs, working from home (WFH) and more—in some firms, this has been weekly just to insure that there is no vacuum that can be filled with untruths or misinformation that could alarm people or otherwise hurt morale.

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• Weekly calls of the entire practice group so that the members can stay connected, support each other, and share ideas.

• Requiring everyone on the practice group calls to activate their camera so fully engaged on the Skype, Zoom or other conferencing they are using.

• Partners reaching out to associates individually to make sure they feel connected, to answer any questions they have about what the firm is doing and how things are changing, to be assured about their importance to the firm and more. This can be done through assigning partners in your PG to reach out to specific associates or through your already assigned mentoring relationships (just don’t let any associate fall through the cracks if a partner doesn’t do his or her calls).

• Bringing levity to the calls or meetings of departments, practices, matter teams or even entire firms (if small enough to work) by hosting virtual “happy hours,” sharing photos of dogs in their WFH space or of something baked at home (when was last time most lawyers had time at home to actually bake something that wasn’t pre-made?).

Some of the interesting themes that arose include: • Where for some firms, practice group meetings in the past might have “dragged” or struggled to keep the members’ interest (even if live), there now is plenty to talk about and no shortage of sharing. For many, they feel their practice group meetings are now more substantive than ever and members are actively engaged on the video calls.

• The presence of a common “threat” or “enemy” in COVID-19 and the economic impact of it has created a new sense of urgency for groups to meet, share ideas and execute on plans together.

• Having more regular (weekly or bi-weekly) but shorter (30 mins max) meetings has created a higher level of energy in the groups (this is consistent with the research in the outstanding book on how to move plans from ideas to execution, The 4 Disciplines of Execution).

• One of the biggest struggles in the first week or two of WFH has been for parents of young children, especially if both parents worked outside the home before. It is definitely affecting productivity as one parent must manage the kids (from feeding to setting up living room forts and more) and they take turns trying to do their work. For others without young kids but perhaps other distractions like less than ideal work at home space or being home all alone and isolated, there are vastly different issues. The PG Professionals and others in the firm are part of the leadership helping the firm figure out how to support the professionals to effectively serve clients from their home “offices”, while also doing “self-care” to keep their own morale up.

• Be careful if you are a “planner” as you can find yourself trying to cope with the current crisis by planning and as one of our speakers for the webinar said, “you can’t plan your way out of this.” You can do your best to be prepared but do not create a false sense of confidence that you have a plan that will stand. Like one of my favorite quotes says, “Life is what happens when you made other plans.”

Dr. Larry Richard also spoke at the end of the webinar to offer suggestions to our members about the 3 basic human needs that are being affected dramatically by all these changes and uncertainty. He detailed this and strategies for addressing them in an article he published this week: “The Psychology of Crisis Leadership.”

We hope that you will reach out to share how your firm or practice is developing new approaches to communicate, engage with colleagues or clients, support each other, and create new ways of working and serving others. That way we can pass those ideas on to help others and continue to pay it forward by sharing like these firms did. n Susan Lambreth is a founding Principal at LawVision and is nationally recognized as one of the top leadership, practice group and project management consultants for law firms. For over 25 years, she has helped law firms of all sizes improve their profitability and enhance their lawyers’ leadership and management skills. Susan is the Chair and Founder of the LPM Institute, a leading resource for educating law firms and law departments on implementing project management in their organizations. She has given hundreds of speeches on practice management, LPM, strategy and trends affecting law firms or law departments.

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