Looking Back at a Season in Hell
March 04, 2010
by David Krell
david@davidkrell.com
Today marks a milestone for me. One year ago today, I entered the digital universe by creating my own web site and blog. What I once considered a season in hell because of an apocalyptic economy seems profitable in retrospect. Not financially -- two freelance consulting jobs throughout the year. And I’m still looking for a job or projects. But it was profitable in a Rocky Balboa way. In Rocky Balboa, the title character tells his son:
But it ain’t about how hard ya hit. It’s about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That’s how winning is done! Now if you know what you’re worth, then go out and get what you’re worth. But ya gotta be willing to take the hits, and not pointing fingers saying you ain’t where you wanna be because of him, or her, or anybody!
Keep moving forward, indeed.
The questions most often asked of me concerning my web site and blog -- How did I do it? Why did I do it?
Simple. I got laid off from my job as a legal conference producer in November 2008. Rebranding myself seemed to be necessary, if not vital. So, I went through my resume to strongly consider the value that I bring to an employer.
At first, the jobs on my resume seemed disparate -- attorney, gubernatorial campaign’s deputy press secretary, television news writer and producer, freelance magazine article writer, media commentator, legal conference producer. I soon realized the common thread is my passion -- writing.
Ok, I identified my passion. I have the skills and experience to adapt my writing to an employer’s or client’s format. But the worst economy since the Great Depression of the 1930’s gave no hint of loosening up during the holiday season.
I faced factual and anecdotal data concerning an apocalyptic economy. Phone calls to friends, contacts, and former colleagues remained unanswered. Watching CNBC gave no hint of daylight in the gloom and doom. Layoffs, fear, and cutbacks were the watchwords of 2009.
I found inspiration in the movie Any Given Sunday when Miami Sharks Head Coach Tony D’Amato (Al Pacino) gives the big speech before the big football game.
We’re in hell right now, gentlemen. Believe me. And we can stay here and get the shit kicked out of us or we can fight our way back into the light. We can climb out of hell. One inch at a time.
I climbed my first inch out of hell by attending the pilot program for Shelly Palmer’s Get Digital seminar at the National Academy of Television Arts & Sciences. I learned the importance of becoming digital savvy, owning a Blackberry, and rebranding myself in a fiercely competitive economy steeped largely in digital technology.
Get Digital inspired me to go further on a digital journey. I took a 2-hour web site design course for novices at Tekserve, an authorized Macintosh/Apple computer retailer and repairer located on 23rd Street in Manhattan. After the course, I bought the RapidWeaver web site design program. Being technologically challenged, I forced myself to read the manual again...and again...and again. Within two weeks, I learned how to design my own web sites and blogs.
I attended the International Trademark Association Annual Meeting in Seattle where I met a law firm marketer. A couple of weeks after the conference, he hired me to write the copy for one of his clients, a prominent law firm based in Mexico City.
I also met an editor from the Latin American intellectual property magazine Marcasur. She requested that I write an article about my passion -- writing. My article Your Writing Is Your Trademark appeared in the July - September 2009 issue. I’m also moderating a writing workshop at the INTA Annual Meeting in May 2010.
I lobbied the New York State Bar Association’s Entertainment, Arts, and Sports Law Journal for a regular column focusing on important deals, people, and events from historical and legal perspectives. Result: Krell’s Korner was born. The first column was published in the Fall-Winter 2009 issue. It concerned the deal between ABC and Walt Disney that allowed the animator to build Disneyland.
In November, a former colleague hired me to conduct legal and historical research concerning one of his company’s well-known entertainment characters. The research culminated in a massive report that left no stone unturned concerning the character’s business and legal history.
I attended the New York State Bar Association’s Annual Conference where a panel discussion concerning the new economy persuaded me to further my rebranding as a communications expert. Result: The Writing Guy™ communications was born.
I reconnected with a friend who hired me to consult on a trademark issue for one of her clients, a designer of games and applications for the iPhone.
I lobbied my alma mater, Villanova Law School, to host my CLE legal writing workshop for alumni. Stop Writing Like A Lawyer!™ will take place on April 7th.
Throughout, I wrote more than 70 blog entries about writing and communications. I created a second web site called Our Television Heritage™that houses my blog and articles regarding television history.
Last night, the last night of my first year as a digital savvy attorney/writer/blogger, I attended a panel discussion hosted by the City Bar Association of New York -- Using Your Law Degree for Something Other Than Practicing Law: Exploring Non-Legal Roles Within Law Firms. The panelists believe that the economy is showing signs of loosening regarding hiring law firm marketers with legal backgrounds and outside writing consultants.
I certainly hope so.
david@davidkrell.com
Today marks a milestone for me. One year ago today, I entered the digital universe by creating my own web site and blog. What I once considered a season in hell because of an apocalyptic economy seems profitable in retrospect. Not financially -- two freelance consulting jobs throughout the year. And I’m still looking for a job or projects. But it was profitable in a Rocky Balboa way. In Rocky Balboa, the title character tells his son:
But it ain’t about how hard ya hit. It’s about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That’s how winning is done! Now if you know what you’re worth, then go out and get what you’re worth. But ya gotta be willing to take the hits, and not pointing fingers saying you ain’t where you wanna be because of him, or her, or anybody!
Keep moving forward, indeed.
The questions most often asked of me concerning my web site and blog -- How did I do it? Why did I do it?
Simple. I got laid off from my job as a legal conference producer in November 2008. Rebranding myself seemed to be necessary, if not vital. So, I went through my resume to strongly consider the value that I bring to an employer.
At first, the jobs on my resume seemed disparate -- attorney, gubernatorial campaign’s deputy press secretary, television news writer and producer, freelance magazine article writer, media commentator, legal conference producer. I soon realized the common thread is my passion -- writing.
Ok, I identified my passion. I have the skills and experience to adapt my writing to an employer’s or client’s format. But the worst economy since the Great Depression of the 1930’s gave no hint of loosening up during the holiday season.
I faced factual and anecdotal data concerning an apocalyptic economy. Phone calls to friends, contacts, and former colleagues remained unanswered. Watching CNBC gave no hint of daylight in the gloom and doom. Layoffs, fear, and cutbacks were the watchwords of 2009.
I found inspiration in the movie Any Given Sunday when Miami Sharks Head Coach Tony D’Amato (Al Pacino) gives the big speech before the big football game.
We’re in hell right now, gentlemen. Believe me. And we can stay here and get the shit kicked out of us or we can fight our way back into the light. We can climb out of hell. One inch at a time.
I climbed my first inch out of hell by attending the pilot program for Shelly Palmer’s Get Digital seminar at the National Academy of Television Arts & Sciences. I learned the importance of becoming digital savvy, owning a Blackberry, and rebranding myself in a fiercely competitive economy steeped largely in digital technology.
Get Digital inspired me to go further on a digital journey. I took a 2-hour web site design course for novices at Tekserve, an authorized Macintosh/Apple computer retailer and repairer located on 23rd Street in Manhattan. After the course, I bought the RapidWeaver web site design program. Being technologically challenged, I forced myself to read the manual again...and again...and again. Within two weeks, I learned how to design my own web sites and blogs.
I attended the International Trademark Association Annual Meeting in Seattle where I met a law firm marketer. A couple of weeks after the conference, he hired me to write the copy for one of his clients, a prominent law firm based in Mexico City.
I also met an editor from the Latin American intellectual property magazine Marcasur. She requested that I write an article about my passion -- writing. My article Your Writing Is Your Trademark appeared in the July - September 2009 issue. I’m also moderating a writing workshop at the INTA Annual Meeting in May 2010.
I lobbied the New York State Bar Association’s Entertainment, Arts, and Sports Law Journal for a regular column focusing on important deals, people, and events from historical and legal perspectives. Result: Krell’s Korner was born. The first column was published in the Fall-Winter 2009 issue. It concerned the deal between ABC and Walt Disney that allowed the animator to build Disneyland.
In November, a former colleague hired me to conduct legal and historical research concerning one of his company’s well-known entertainment characters. The research culminated in a massive report that left no stone unturned concerning the character’s business and legal history.
I attended the New York State Bar Association’s Annual Conference where a panel discussion concerning the new economy persuaded me to further my rebranding as a communications expert. Result: The Writing Guy™ communications was born.
I reconnected with a friend who hired me to consult on a trademark issue for one of her clients, a designer of games and applications for the iPhone.
I lobbied my alma mater, Villanova Law School, to host my CLE legal writing workshop for alumni. Stop Writing Like A Lawyer!™ will take place on April 7th.
Throughout, I wrote more than 70 blog entries about writing and communications. I created a second web site called Our Television Heritage™that houses my blog and articles regarding television history.
Last night, the last night of my first year as a digital savvy attorney/writer/blogger, I attended a panel discussion hosted by the City Bar Association of New York -- Using Your Law Degree for Something Other Than Practicing Law: Exploring Non-Legal Roles Within Law Firms. The panelists believe that the economy is showing signs of loosening regarding hiring law firm marketers with legal backgrounds and outside writing consultants.
I certainly hope so.
Did Rush Limbaugh Get Rammed?
October 15, 2009
by David Krell
david@davidkrell.com
Rush Limbaugh is no longer part of a group bidding to buy the St. Louis Rams.
Mr. Limbaugh’s desire to make a sports investment ignited a media firestorm. The reported outrage, fear, and loathing concerning Mr. Limbaugh’s football passion surpassed recent hot-button issues.
Where was the outrage directed at Whoopi Goldberg? She downplayed Roman Polanski’s actions in 1977 that led to his fleeing the country – sexually assaulting a 13-year-old girl after giving her champagne and Quaaludes.
Goldberg distinguished Polanski’s actions from his ultimate charge – having unlawful sex with a minor. But she did not specify Polanski’s actions. In fact, Polanski performed oral sex in addition to having intercourse with the girl and sodomizing her.
It wasn’t rape-rape.
--The View, ABC, September 29, 2009
Where was the outrage directed at the National Organization for Women (NOW)? NOW apparently holds late night television talk show hosts to a higher moral, ethical, and legal standard than United States presidents.
[C]onsensual sex is not illegal harassment. After all this time and money, it appears Ken Starr has found…nothing more than some sort of consensual relationship between Bill Clinton and Monica Lewinsky.
--Statement of NOW President Patricia Ireland in Response to Reports of Clinton Testimony, August 17, 1998.
As “the boss,” [David Letterman] is responsible for setting the tone for his entire workplace – and he did that with sex. In any work environment, this places all employees – including employees who happen to be women – in an awkward, confusing and demoralizing situation. Letterman’s behavior creates a toxic environment.
--Statement of NOW President Terry O’Neill, Letterman Controversy Raises Workplace Issues for Women, October 6, 2009
Then, there is Mr. Limbaugh. A Limbaugh quote making the rounds concerns the talk show host’s brief appearance as an ESPN football commentator in which he critiques the media attention given to Philadelphia Eagles’ quarterback Donovan McNabb.
Sorry to say this, I don’t think he’s been that good from the get-go. I think what we’ve had here is a little social concern in the NFL. The media has been very desirous that a black quarterback do well. There is a little hope invested in McNabb, and he got a lot of credit for the performance of this team that he didn’t deserve. The defense carried this team.
--Sunday NFL Countdown, ESPN, September 28, 2003
Mr. Limbaugh opined on the NFL’s marketing strategy and McNabb’s ability. ESPN fired him soon after the show’s airing. Now, his statement is front and center fodder for preventing a high-profile investment. It’s characterized as racist. Was it? You make the call.
--------------------------------------------------------------------------------------------------------------
In the Your Writing Is Your Brand™ and Write This Way™ workshops, we use real-life examples to highlight potential confusion, mischaracterization, and damage when communicating in the media. In addition, my consulting services include media coaching. -- David
david@davidkrell.com
Rush Limbaugh is no longer part of a group bidding to buy the St. Louis Rams.
Mr. Limbaugh’s desire to make a sports investment ignited a media firestorm. The reported outrage, fear, and loathing concerning Mr. Limbaugh’s football passion surpassed recent hot-button issues.
Where was the outrage directed at Whoopi Goldberg? She downplayed Roman Polanski’s actions in 1977 that led to his fleeing the country – sexually assaulting a 13-year-old girl after giving her champagne and Quaaludes.
Goldberg distinguished Polanski’s actions from his ultimate charge – having unlawful sex with a minor. But she did not specify Polanski’s actions. In fact, Polanski performed oral sex in addition to having intercourse with the girl and sodomizing her.
It wasn’t rape-rape.
--The View, ABC, September 29, 2009
Where was the outrage directed at the National Organization for Women (NOW)? NOW apparently holds late night television talk show hosts to a higher moral, ethical, and legal standard than United States presidents.
[C]onsensual sex is not illegal harassment. After all this time and money, it appears Ken Starr has found…nothing more than some sort of consensual relationship between Bill Clinton and Monica Lewinsky.
--Statement of NOW President Patricia Ireland in Response to Reports of Clinton Testimony, August 17, 1998.
As “the boss,” [David Letterman] is responsible for setting the tone for his entire workplace – and he did that with sex. In any work environment, this places all employees – including employees who happen to be women – in an awkward, confusing and demoralizing situation. Letterman’s behavior creates a toxic environment.
--Statement of NOW President Terry O’Neill, Letterman Controversy Raises Workplace Issues for Women, October 6, 2009
Then, there is Mr. Limbaugh. A Limbaugh quote making the rounds concerns the talk show host’s brief appearance as an ESPN football commentator in which he critiques the media attention given to Philadelphia Eagles’ quarterback Donovan McNabb.
Sorry to say this, I don’t think he’s been that good from the get-go. I think what we’ve had here is a little social concern in the NFL. The media has been very desirous that a black quarterback do well. There is a little hope invested in McNabb, and he got a lot of credit for the performance of this team that he didn’t deserve. The defense carried this team.
--Sunday NFL Countdown, ESPN, September 28, 2003
Mr. Limbaugh opined on the NFL’s marketing strategy and McNabb’s ability. ESPN fired him soon after the show’s airing. Now, his statement is front and center fodder for preventing a high-profile investment. It’s characterized as racist. Was it? You make the call.
--------------------------------------------------------------------------------------------------------------
In the Your Writing Is Your Brand™ and Write This Way™ workshops, we use real-life examples to highlight potential confusion, mischaracterization, and damage when communicating in the media. In addition, my consulting services include media coaching. -- David
Peace Is Conflict Management
June 11, 2009
by David Krell
david@davidkrell.com
When I was a senior in college deciding where to attend law school, I visited Pepperdine University School of Law in Malibu, California. An invitation from Pepperdine for an orientation triggered the visit. My knowledge of the area consisted of Baywatch frequently showing scenes from Malibu and Pepperdine hosting the classic sports event Battle of the Network Stars.
My first solo trip -- no family or friends. I only vaguely remember the cross-country plane ride, the hotel, and the Pepperdine faculty whom I met.
Although I did not ultimately attend Pepperdine, I did learn a valuable lesson during the orientation. A faculty member closed his presentation on lawyers and negotiation by saying, Peace is not the absence of conflict. Peace is the management of conflict.
When I was an in-house counsel at an entertainment company, a gentleman approached the company with artwork of a famous character owned by the company. His father created the artwork for character merchandise in the 1940's. Although the artwork was in pristine condition, we clarified, emphasized, and repeated our intellectual property rights to the character. Translation: You can't merchandise this artwork without our permission. Corollary: Let's make a deal.
Managing the conflict led to a deal. The client did not have intellectual property rights. The company did not have the artwork. Neither side could exploit the artwork without the consent, compromise, and acknowledgement of each other.
Consider this fictional scenario with real-life implications, counterparts, and challenges. A fictional character is the subject of a short story written as a promotional giveaway for a department store in 1945. A song written about the character debuts in 1950. A 1965 cartoon featuring the character and the song becomes the best-known incarnation of the character. The beginning credits indicate the cartoon is based on the song.
If the company owns the copyright to the cartoon but the songwriter's heirs own the rights to the song upon which the cartoon bases, then who has the merchandising rights to the cartoon version of the character? Logically, one would think the company that owns the cartoon will control the merchandising rights associated with it.
Each side will stake its claim to rights through torturous, sometimes byzantine avenues of legal argument, theory, and chains-of-title. In some cases, original contracts may not exist. So, the challenge intensifies because the starting point for rights clarification begins not at the beginning but at the date of the first existing document -- contracts, letters, memoranda, affidavits, court filings.
Let's say a licensee approaches the company with a deal for a snow globe featuring the character. A week later, the licensee revises the deal proposal to include a turnkey that plays the aforementioned song. What was once a standard licensing deal now becomes more complex. If you are the attorney for the company, do you notify the owners of the song? If so, who will be responsible for quality control of the product? What will the royalty breakdown be between the company and the song owners? Who will be the point person responsible for negotiating with the licensee? These vital questions have the undercurrent of conflict that must be addressed, clarified, and managed if each side wants to realize a deal.
Again, peace is not the absence of conflict. Peace is the management of conflict. For either side, management of a business relationship requires traits beyond legal and business acumen -- stamina, people skills, quest for compromise where each side will benefit. These are the traits they don't tell you about in law school. Some lawyers are born with them. Some lawyers acquire them. Some lawyers ignore them, ultimately to the detriment of their relationships with other members of the bar.
Consider the case of Leonard Goldenson as an example of excellence in conflict management. In 1953, Leonard Goldenson was an entertainment lawyer who bought a ragtag group of stations from Life Savers king Edward Noble and built it into the powerhouse television network ABC.
Because the entertainment industry's engine relies on the fuel of content, Mr. Goldenson had to be nimble, creative, and courageous in taking risks.
In the early 1950's, Walt Disney needed seed money for his dream project -- Disneyland. No studio or bank would invest in Disney's idea.
Leonard Goldenson needed product for ABC. The two moguls struck a deal. ABC invested in Disneyland and Walt Disney provided the shows Disneyland and The Mickey Mouse Club.
The conflict for Disneyland was lack of money vs. innovative entertainment. The conflict for ABC was lack of product vs. already established networks NBC and CBS. By acknowledging their respective conflicts, each side managed them effectively. Each side needed something from the other. And each side agreed to fulfill those needs.
Leonard Goldenson and ABC also struck a deal with Warner Brothers to produce television shows for ABC. Before the deal, no movie studio wanted to touch television. At the time, they viewed television as a threat, not an opportunity. Leonard Goldenson knew different.
Warner Brothers created shows revolving around young, hip private detectives with character crossovers a common occurrence. They became signature shows for ABC in the late 1950's and early 1960's -- 77 Sunset Strip, Hawaiian Eye, Bourbon Street Beat, Surfside Six.
The conflict for Warner Brothers was embracing the new medium of television vs. letting a competitor get a potential jump start. The conflict for ABC was mirroring the already established programming paradigm of NBC and CBS vs. trying something new for a younger demographic.
david@davidkrell.com
When I was a senior in college deciding where to attend law school, I visited Pepperdine University School of Law in Malibu, California. An invitation from Pepperdine for an orientation triggered the visit. My knowledge of the area consisted of Baywatch frequently showing scenes from Malibu and Pepperdine hosting the classic sports event Battle of the Network Stars.
My first solo trip -- no family or friends. I only vaguely remember the cross-country plane ride, the hotel, and the Pepperdine faculty whom I met.
Although I did not ultimately attend Pepperdine, I did learn a valuable lesson during the orientation. A faculty member closed his presentation on lawyers and negotiation by saying, Peace is not the absence of conflict. Peace is the management of conflict.
When I was an in-house counsel at an entertainment company, a gentleman approached the company with artwork of a famous character owned by the company. His father created the artwork for character merchandise in the 1940's. Although the artwork was in pristine condition, we clarified, emphasized, and repeated our intellectual property rights to the character. Translation: You can't merchandise this artwork without our permission. Corollary: Let's make a deal.
Managing the conflict led to a deal. The client did not have intellectual property rights. The company did not have the artwork. Neither side could exploit the artwork without the consent, compromise, and acknowledgement of each other.
Consider this fictional scenario with real-life implications, counterparts, and challenges. A fictional character is the subject of a short story written as a promotional giveaway for a department store in 1945. A song written about the character debuts in 1950. A 1965 cartoon featuring the character and the song becomes the best-known incarnation of the character. The beginning credits indicate the cartoon is based on the song.
If the company owns the copyright to the cartoon but the songwriter's heirs own the rights to the song upon which the cartoon bases, then who has the merchandising rights to the cartoon version of the character? Logically, one would think the company that owns the cartoon will control the merchandising rights associated with it.
Each side will stake its claim to rights through torturous, sometimes byzantine avenues of legal argument, theory, and chains-of-title. In some cases, original contracts may not exist. So, the challenge intensifies because the starting point for rights clarification begins not at the beginning but at the date of the first existing document -- contracts, letters, memoranda, affidavits, court filings.
Let's say a licensee approaches the company with a deal for a snow globe featuring the character. A week later, the licensee revises the deal proposal to include a turnkey that plays the aforementioned song. What was once a standard licensing deal now becomes more complex. If you are the attorney for the company, do you notify the owners of the song? If so, who will be responsible for quality control of the product? What will the royalty breakdown be between the company and the song owners? Who will be the point person responsible for negotiating with the licensee? These vital questions have the undercurrent of conflict that must be addressed, clarified, and managed if each side wants to realize a deal.
Again, peace is not the absence of conflict. Peace is the management of conflict. For either side, management of a business relationship requires traits beyond legal and business acumen -- stamina, people skills, quest for compromise where each side will benefit. These are the traits they don't tell you about in law school. Some lawyers are born with them. Some lawyers acquire them. Some lawyers ignore them, ultimately to the detriment of their relationships with other members of the bar.
Consider the case of Leonard Goldenson as an example of excellence in conflict management. In 1953, Leonard Goldenson was an entertainment lawyer who bought a ragtag group of stations from Life Savers king Edward Noble and built it into the powerhouse television network ABC.
Because the entertainment industry's engine relies on the fuel of content, Mr. Goldenson had to be nimble, creative, and courageous in taking risks.
In the early 1950's, Walt Disney needed seed money for his dream project -- Disneyland. No studio or bank would invest in Disney's idea.
Leonard Goldenson needed product for ABC. The two moguls struck a deal. ABC invested in Disneyland and Walt Disney provided the shows Disneyland and The Mickey Mouse Club.
The conflict for Disneyland was lack of money vs. innovative entertainment. The conflict for ABC was lack of product vs. already established networks NBC and CBS. By acknowledging their respective conflicts, each side managed them effectively. Each side needed something from the other. And each side agreed to fulfill those needs.
Leonard Goldenson and ABC also struck a deal with Warner Brothers to produce television shows for ABC. Before the deal, no movie studio wanted to touch television. At the time, they viewed television as a threat, not an opportunity. Leonard Goldenson knew different.
Warner Brothers created shows revolving around young, hip private detectives with character crossovers a common occurrence. They became signature shows for ABC in the late 1950's and early 1960's -- 77 Sunset Strip, Hawaiian Eye, Bourbon Street Beat, Surfside Six.
The conflict for Warner Brothers was embracing the new medium of television vs. letting a competitor get a potential jump start. The conflict for ABC was mirroring the already established programming paradigm of NBC and CBS vs. trying something new for a younger demographic.