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Thursday, September 22, 2016

Revolution or Police State? Beware the Pitchforks!

pitchfork

You show me a highly unequal society, and I will show you a police state. Or an uprising….It’s not if, it’s when.

It’s not often that you get a really rich person talking publicly about the dangers of growing income inequality in the United States. And especially the consequences of looming social unrest. Come to think of it, we never hear someone in the super rich club talking about the need to rebuild the middle class and to seriously address the huge numbers of Americans who live in, and at near, poverty.

Well, there’s one rich guy who not only gets it but who has increasingly become more vocal for a call to action by America’s elected representatives and business people. Meet Nick Hanauer, author of the opening quotation. (It should be acknowledged that investor and philanthropist Warren Buffet has spoken about America’s warped taxation system that favors the wealthy.)

Hanauer, age 57, was born in New York City (photo below). An average student, he earned a philosophy degree from the University of Washington. After graduating, he began work at his family-owned Pacific Coast Feather Company; he’s still the CEO and co-chairman. However, when he was a young man he displayed what he’s acknowledged as an appetite for risk, and began investing in numerous ventures over the years. One of his early investments was Amazon, serving as an advisor until 2000. He created Gear.com, which later merged with Overstock.com. Many other ventures line Hanauer’s CV, but of interest was his forming The True Patriot Network, a political action tank. He also helped create The League of Education Voters in the state of Washington.

hanauer

An advocate of a higher minimum wage, Hanauer (pictured) wrote a commentary in 2013 for Bloomberg BusinessWeek, in which he proposed a $15 minimum wage. The following year, Hanauer and Eric Beinhocker published Capitalism Redefined. This is recommended reading. However, it was Hanauer’s commentary featured as a special report in Politico that caused people to sit up and pay attention.

The Pitchforks are Coming…for Us Plutocrats is an in-your-face, frank assessment of where America is at on the issue of income distribution. You can also listen to Hanauer in this TED Talk, where he makes an appeal to his “fellow plutocrats” to help initiate the needed socio-economic changes to reduce income inequality. Be sure to take to watch this illuminating video.

A contentious public figure in the past few years, owing to his TED Talks and media interviews, Hanauer’s viewed by right-wing capitalists, and many Republicans, as too left-leaning and too critical of America’s capitalist society. Based on developments over the past 20 years, from NAFTA to China’s entry to the World Trade Organization to the 2008 financial meltdown and ensuing Great Recession to the Occupy Movement to the proposed Trans Pacific Partnership, these criticisms hold little substance. American workers, especially those in manufacturing and information services, have gotten screwed.

Hanauer points out that in 1980 one percent of the U.S. population controlled eight percent of the national income. The bottom 50 percent held 18 percent. Fast forward to today and the top one percent controls 20 percent (up 12 points); in contrast, the bottom half has only 12 percent (down six points). However, of more relevance than these numbers is understanding the distinction between income and wealth.

To be in the one percent club required an annual cash income of $500,000 plus in 2008. However, at the core of the one percent issue is wealth, encompassing assets less liabilities. On that front, one percent of Americans control about 35 percent of the country’s wealth. However, that share of the nation’s wealth has barely budged upwards since 1962 (only 2.2 percentage points). Wealth begets more wealth. It’s the massive disproportionate increase in income by the one percent between 1979 and 2007, up 275 percent, that raises eyebrows—and tempers. The middle class, in comparison saw its income rise by just under 40 percent.

worker

The middle class has been squeezed relentlessly not just in the U.S. but in Canada, the UK, Europe, Australia and New Zealand, with wages stagnating in real terms, young people being underemployed and older workers being thrown to the curb as work is outsourced overseas. No wonder why Great Britons voted to exit the European Union (aka Brexit), when one considers how the country has been hammered economically outside of metropolitan London.

One can pick at some of Hanauer’s arguments, but the underlying point is that American society, as we’ve come to see it evolve into a post-WWII healthy middle class, is under extreme threat. The work of Presidents Eisenhower, Kennedy, Johnson, Nixon, and Carter started to unravel with the later introduction of trade agreements that saw jobs outsourced overseas. President Reagan, who oversaw the growth of the U.S. debt by $1.86 trillion (more than even President G.W. Bush), did take on the Soviets and through a sustained effort with Mikhail Gorbachev saw a large reduction nuclear weapons.

It was under Presidents H.W. Bush, Clinton and G.W. Bush that China’s massive manufacturing hub was created and took hold. President Clinton, many have forgotten, signed the legislation to eliminate the Glass-Steagall act of 1933 (enacted under President Roosevelt) which was aimed at separating consumer banking from investment banking. And President G.W. Bush and his successor Barak Obama didn’t have much of a clue when it came to economics. In short, for the past two decades-plus it has been America’s plutocracy that has controlled the way forward for the US economy, and by extension Canada.

We hear about the “One Percent,” as portrayed by the Occupy movement” that not only spread across the U.S. and Canada but Europe, the UK, Australia, India, Brazil, Argentina and many more countries. But what’s really at issue is the .01 percent, those super rich people who as this two-part British documentary explains benefitted mightily from the exploitation of consumer debt, initiated by CITI bank. Watch The Super Rich and Us, Part One. And here for part two.

one-percent

Many people have attributed the expression “The One Percent” to nobel prize winning economist Joseph Stiglitz. While Stieglitz is a perceptive commentator on the socio-economic-class tensions prevailing in the US, it was actually President Franklin Roosevelt who coined the expression in the summer of 1914. It was at a public address in Reading, Pennsylvania, just when WWI was breaking out in Europe, and Roosevelt as Assistant Secretary of the Navy remarked in his address:

“There have been two kinds of successful politics devised in our system of government…. The first is the kind which seeks to build up party strength by obtaining … power based on the personal domination of a few men and the perpetuation in places of authority of those few men and their own appointed successors. That has been in the past, we must admit to our shame, a successful kind of politics, but the day of its success has just about come to an end…. The administration believes that the national government should be conducted for the benefit of the 99 per cent, and not, as has been sometimes been the case in the past, for the benefit of the 1 per cent….” (from Young Mr. Roosevelt, by Stanley Weintraub).

This is not the first time in history since the Industrial Revolution where extreme income and wealth inequality have become incendiary issues. Yet we, as human beings, like to consider ourselves as more sophisticated and educated compared to our forebears in the early 1900s and during the 1800s. We shouldn’t congratulate ourselves or feel superior, given our technology advancements. As a 21st Century society we’ve actually fallen backwards. The longer we wait to seriously correct the disparities in the economy, labor market and financial system, the longer and more difficult will be the road back. Hanauer’s correct about the metaphorical pitchforks. One has only to read some history on what happens when repressed people finally stand up and assert themselves.

The most ironic thing about rising inequality is how completely unnecessary and self-defeating it is. If we do something about it, if we adjust our policies in the way that, say, Franklin D. Roosevelt did during the Great Depression—so that we help the 99 percent and preempt the revolutionaries and crazies, the ones with the pitchforks—that will be the best thing possible for us rich folks, too. It’s not just that we’ll escape with our lives; it’s that we’ll almost certainly get even richer.
— Nick Hanauer (from “The Pitchforks are Coming”)


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Tuesday, September 06, 2016

Knowledge Management is adopted most readily when lives depend on it

Organisations that understand most clearly the value of knowledge will adopt knowledge management as a matter of course. So knowledge managers need to demonstrate that value.

Image from Wikimedia commons
As a result, we see Knowledge Management most readily adopted in areas where poor KM results in loss of large sums of money, or even loss of life. The emergency services, big engineering, the military, were all early adopters of Knowledge Management.

The aviation industry is a case in point, especially when it comes to air safety. According to Captian Sully Sullenberg, the hero of the emergency landing on the Hudson river (interviewed here);

"Almost every rule in the Federal Aviation rulebook, almost every bit of knowledge we have is because someone, somewhere died. Often many people did. And so we have learned these important lessons at great cost, literally bought with blood. We dare not forget and have to relearn them".

What Captain Sullenberg is describing here is a RESPECT for knowledge, based on an understanding of the VALUE of knowledge. As a result, new pilots are eager to learn from the past.

"You see pilots of my generation, especially ones who have wanted to fly since we were five years old – we just couldn’t get enough. We couldn’t learn enough about the history of our profession, about historic accidents, about why we do what we do".

And the aerospace industry has developed formal and embedded Knowledge Management frameworks to ensure that this learning happens.

"We have this formal lessons-learned process that does root-cause analysis, makes findings about fact, causes and contributing factors, and makes recommendations for improving the system in terms of the designs, the policies, procedures, training, human performance, and standards. It’s a self-correcting mechanism".

The challenge for the knowledge manager 

The big challenge is for the knowledge manager who works in other industries, where Knowledge is not a matter of life and death. How then do you engender a respect for knowledge and an eagerness to learn, and so develop and embed knowledge management frameworks to ensure the learning happens?


  • Firstly you have to make some estimate of the value of knowledge. Repeat mistakes, for example, may not cost lives on your context, but may cost money, reputation, and the loss of clients and customers. Make a KM value estimate, or estimate the Cost of Lost Knowledge.  Give your managers some idea of the Size of the Prize that Knowledge Management can deliver.
  • Secondly you need a proof of concept demonstration. Set up a Knowledge Management pilot for one business area or business problem, and demonstrate, through Social Proof, that KM can deliver the value you estimated above. 
  • Then once you have your estimate and your proof, ask your senior managers for the resources and the backing to make KM a reality. 

Knowledge Management may not be a matter of life and death to your organisation, but you still need to show that it is important enough to be taken seriously.


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When Clients and Law Firms ACTUALLY Collaborate #ILTACON

2016_ILTACON_logoSession Title: A New Approach to Aligning the Objectives of Outside Counsel, In-House Legal, and Corporate Business

Session Description: The past few years have brought a lot of discussion about how to better align the interests of law departments and their outside counsel through alternative fee arrangements, but the discussions generally end there. What if there was an approach that aligned outside counsel and legal departments in their pursuit of better business outcomes that extended beyond pricing? How can the strength of that relationship help demonstrate the value that the legal department brings to the organization as a whole? Come hear a case study exploring how one legal department and its panel of law firms have partnered differently and how their holistic approach to solving legal problems has the power to transform the way the department delivers value to the business.

Speakers:

  • Chris EmersonDirector, Practice Economics Bryan Cave, LLP
  • Bryon KoepkeSVP, Chief Securities Counsel Avis Budget Group, Inc.
  • David A. RueffShareholder and Legal Project Management Officer, Baker Donelson Bearman Caldwell & Berkowitz

Session Slides: Available through the ILTACON website

[These are my notes from the International Legal Technology Association’s 2016 Conference. I’m publishing them as soon as possible after the end of a session, so they may contain the occasional typographical or grammatical error. Please excuse those. To the extent I’ve made any editorial comments, I’ve shown those in brackets.]

NOTES:

  • The Avis Story.  They undertook a convergence effort to reduce their legal panel from 700 law firms to seven firms globally. The winning seven firms are guaranteed work, provided they maintain expected quality levels. In addition, these firms work within a “target” (or fixed) fee structure. This convergence provided several benefits for the Avis legal department and their related business clients:
    • reduced administrative burden
    • cost certainty
    • legal risk mitigation
    • increased efficiencies in legal services
    • improved business outcomes
  • The New Way in which Avis wanted to work with its panel firms:
    • focus Avis resources on tiers of work that were created based on business risk and complexity
    • foster collaboration between Avis and its panel firms, as well as among the panel firms themselves
    • provide incentives to panel firms to invest in innovations that result in better business outcomes for Avis
  • The Work. Avis did a wide-ranging risk assessment and then asked their panel firms to bid on the work. Avis identified 3 categories of work:
    • Cream — high-risk work that requires high levels of legal expertise
    • Core — moderate-risk work that requires moderate levels of legal expertise
    • Commodity — low-risk work that does not require much legal expertise
  • Activities in Preparation for RFP. Avis asked 130 law firms to complete a “pre-qualifer” (PQ) that was quite similar to a law school exam. The questions in the exam reflected the real issues Avis faces. Each question was multi-disciplinary.
    • Law firms had a tight timeframe (about 10 days) within which to respond. Plus Avis sent this challenge out during Spring Break, which put added pressure on the law firms. This was a way of gauging responsiveness.
    • Of the 130 firms invited, only 80 responded.
      • 50 firms did not respond. Some thought Avis was trying to get free legal advice. They were wrong; Avis already had the answers to the questions in the PQ.
      • Some of the firms that did not respond thought their relationship with Avis was so solid that they did not need to go through these hoops. They were wrong; they were eliminated from the Avis panel
    • Some of the firms provided responses that simply were wrong.
    • All firms were asked to tell Avis how they would staff these matters and what they would charge.
    • Avis also asked how they answered these questions, whom they involved?
  • The RFP. They invited 45 law firms to participate in the RFP. (This was 45 out of the 80 firms that responded to the PQ.) There were three areas of emphasis:
    • Legal expertise
    • Pricing
    • Universal Requirements (Operations) — focused on actual examples of innovations these firms had developed to better the firm or outside clients. According to Avis, they were looking for Jetsons firms (firms that were innovative on behalf of themselves and their clients), not Flintstones firms that are stuck in the Stone Age.
  • How did the Firms respond to the RFP?
    • They researched the business goals of Avis so they could align their responses better to Avis’ needs
    • They managed tight turnarounds on drafts of the RFP as they involved a wide range of firm personnel in the RFP process in a very short period of time
    • Bryan Cave took a divide-and-conquer approach. They put the legal questions in the hands of the lawyers and kept the Universal Requirements in the hands of the legal operations team. The Bryan Cave legal ops group had the expertise to discuss the range of technologies they had invested in (or were contemplating) to improve firm and client outcomes, as well as completed or contemplated process improvement efforts.
  • The Semi-finals. During the semi-finals, Avis invited 17 firms to meet with the company. Each firm was asked to bring four partners of their choice and their legal operations person. During the interviews, the partners expected to lead the conversation. Instead, Avis said they would review their slides later. Then Avis asked to begin the conversation with the most important person in the room — the legal operations person.  (Partner jaws dropped!) Avis started with legal ops because they were serious about understanding the technology and innovation potential of each firm.
  • The All-Star Team. Avis invited the final seven firms to a Summit at which they met with business and legal department leaders of Avis. At that meeting, Avis made it clear that the chosen firms were stars that now had to find ways to work together as if they were on an All-Stars Team. This meant not just solo excellence, but collaborative excellence as well.
  • The Legal Ops Bounce. Crucially, the legal ops folks from the law firms met with the legal ops folks from Avis. This combined client/firm legal ops group has unleashed powerful tools and methodologies for the benefit of Avis (and the panel). Further, the emphasis that Avis has placed on legal ops gave the law firm legal ops teams greater confidence and enthusiasm in the work they do.
  • Avis Success Factors. Panels are graded on Key Performance Indicators (KPIs). These KPIs are assessed on a matter-by-matter basis and, in the aggregate, feed quarterly and annual performance assessments. Here are the KPIs:
    • how well a Matter Assessment Form (MAF) was filled out. (The MAF helps the firm and Avis scope out a potential matter very quickly.)
    • submission of MAF in 3 days
    • the number of changes in scope requested per matter
    • the firm’s ability to accurately predict legal spend and outcome
    • the ability of the firm to avoid surprises to business units
    • how the firm uses technology to improve accountability and efficiency
    • value-adds the firm provides to the Avis engagement
  • How Baker Donelson revised its processes to meet the Avis KPIs:
    • They created an intranet Client Site that tracks the Avis engagement
    • They created workflow to ensure they can turn around an MAF within the required 3 days. This workflow is managed via their  Avis client site
    • They use budget and project monitoring tools internally so that they can notify Avis before something happens. This allows them to meet the critical KPI of avoiding surprises.
    • They created workflow to manage changes in scope and budget
    • They developed an external communication plan for the Avis engagement
      • monthly case management updates
      • quarterly reports to in-house counsel
      • annual reports
      • how to deal with emergency issues
    • They developed an internal communication plan for the Avis engagement
      • phase and task code requirements for matters
      • training regarding the initial budgeting, MAF and change processes
      • training regarding regular updates on budgets and contingent liability
      • training on and communication of Avis’s outside counsel guidelines
  • How Bryan Cave has invested to improve the Avis engagement:
    • they developed new internal processes and technologies
    • they trained attorney teams on this new way of working
    • they created and provided to the Avis legal department training on alternative fee arrangements (AFAs):
      • how law firms construct AFAs
      • the types of AFAs and their typical uses
      • how to frame AFA requests to obtain responses that support business objectives
    • they worked with the Avis legal department to build a dynamic technology platform that
      • facilitates the MAF process for Avis and for all panel firms
      • capture critical data points in structured format
      • leverage workflow tools to enforce operational standards
      • integrate with Avis’ e-billing system to automatically open matters
      • display actionable information to all users via flexible dashboards
      • provides dynamic authoring tools to create/update forms within minutes/hours rather than days/weeks
      • stores information in structured databases, but can generate documents in formats attorneys are used to reviewing (e.g, Word or PDF)
    • Who reviews, tests and suggests improvements to the technology?
      • Bryan Cave engineers, business analysts and other operational professionals do the initial work
      • Avis attorneys and legal ops professionals advise on integrating the panel’s technology with Avis’ e-billing, advanced workflow reporting and alerting, dashboard structure and key metrics
      • Baker Donelson (and other panel teams) provide recommendations on U/I enhancements and how to integrate the shared technology with the proprietary technology platforms of the panel firms — this eliminates duplication of effort and strengthens their shared common sources of record
  • The Collaboration is Growing.
    • Now panel firms share Avis work with each other if they believe this approach will benefit the client.
    • If Bryan Cave creates new technology, Baker Donelson  will do acceptance testing. When Baker needs automated data feeds, Bryan Cave provides it. Both firms confer with each other (and the other firms) to find solutions that benefit the client.
    • The collaboration among the panel firms has generated new ideas and approaches to matter intake and AFA construction
    • The technology used by the panel firms has improved because these firms now have a reason and the ability to share ideas as never before
  • Next Steps. Both Avis and its panel firms have ambitions for growing and improving their collaboration.
    • On Avis’ list of next steps: Creating metrics to measure and dashboards to communicate progress in key strategic areas of operations.
    • On the panel firms’ list of next steps: Creating metrics to measure and dashboards to communicate progress by the panel firms in helping Avis manage its legal issues.
  • Results. This collaboration has been an unqualified success for  Avis and for its panel firms.
    • Avis: Thanks to the collaboration, the Avis legal department has now established itself as a critical business partner of the larger organization. Through its pioneering work in this collaboration, the legal department has modeled better ways of managing liability and expenditures that can now be applied across the company. Further, the work of the legal department has become a source of competitive advantage for the company.
    • Panel firms: Their experience with Avis has demonstrated how non-attorney professionals can be critical to the selection of the firm for a legal panel, as well as the on-going relationships between the firm and its client. The panel firms now have clear confirmation that their investments in innovation, project management, and process improvement have enabled them to differentiate themselves in a competitive market. Finally, these firms now see the benefits of not only collaborating with the client but also with the other panel firms. The Avis collaboration has become a significant win-win situation for these firms.

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