General Mills

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

“We’re Environmentally Conscious, So Buy Our Cereal!”

/ Jack Marshall / 9 Comments

And if you are really just cynical, reckless virtue-signalling grandstanders? How good does that make your cereal?

General Mills, the company that makes Honey Nut Cheerios, launched a creative campaign to raise awareness about declining bee and other pollinator populations in the U.S. and Canada, or, perhaps, to sell more cereal. Which do you guess it is? I’m stumped!

The company gave away 1.5 billion allegedly bee-friendly wildflower seeds attached to its Honey Nut Cheerios boxes. urging consumers to plant the seeds in their backyards and community spaces. More wildflowers, after all, will mean more food and shelter for our stressed honeybee population. There is a real problem to address here: honeybees and the honey industry are threatened. From April 2015 to April 2016, beekeepers lost 44 percent of their honeybee colonies.  The U.S. Agriculture Department says that it was the second year in a row that beekeepers lost as many bees during the summer as they did during the winter. Of the 47 species of bees native to the U.S. and Canada, the International Union for the Conservation of Nature says more than a quarter face a risk of extinction from pesticide poisoning, climate change, disease and habitat loss.

But General Mills doesn’t really care about honey bees. If it did, it would have put some thought into its promotion. No, all it was doing, like most companies when they advertise, is counting on the cognitive dissonance scale to do its magic:

It works every time. See, environmental sensitivity is at the top of the scale. So are flowers: who doesn’t like flowers? Below the zero mark for a lot of people are empty calorie breakfast cereals and big consumer corporations. Dr. Leon Festinger, who developed the scale more than half a century ago, showed through his research that when something we place high on the scale is associated or linked to something low on the scale, the low item naturally rises in our esteem. (The higher-placed things will drop, too; the process reduces dissonance, the inate human difficulty of holding two inconsistent values.) This is why candidates for office recruit celebrities and sports figures to endorse them, as if Tom Brady or Rihanna have any more expertise about government and politics than the average 7-11 clerk. This is also why the news media and Democrats keep “linking” President Trump to Russia without any evidence whatsoever—to drive him down on the scale. Continue reading →

The Fifth Annual Ethics Alarms Awards: The Best of Ethics 2013

/ Jack Marshall / 51 Comments

Ethics Story 2013

I decided to start with the Best in Ethics this year, in contrast to other years, on the theory that it would get things off to a positive start in 2014. What it did, instead, was make me realize how negative Ethics Alarms was in 2013. Either there wasn’t much positive going on in ethics, or I wasn’t seeing it. My thanks to those of you who send me nominations for Ethics Heroes (and other stories); even when I don’t write about them, they are valuable. Please keep them coming. In the meantime, I pledge to try to keep the jaundice out of my eye in 2014. Things just can’t be as dire as they seemed last year.

Could they?

Here are the 2013 Ethics Alarms Awards for the Best in Ethics:

Most Important Ethical Act of the Year:

The U.S. Supreme Court declared the Defense of Marriage Act unconstitutional, paving the way for the universal legalization of gay marriage. Yes, it was a legal decision, but it was also based, as all such culturally important decisions are, on a societal recognition that what was once thought to be wrong and immoral was, in fact, not. This is ethics, an ongoing process of enlightenment and wisdom about what is right and wrong, and the U.S. Supreme Court did its part. Continue reading →

Ethics Hero: General Mills; Ethics Dunces: The News Media

/ Jack Marshall / 12 Comments

Bravo to General Mills for its new Cheerios commercial:

It’s not grandstanding, it’s not in your face, but it’s brave: bi-racial families are so common today that the absence of them in TV commercials could only be the result of a conscious choice by Madison Avenue and Corporate America to avoid offending even those few who should be offended. And TV ads have great cultural force in molding norms, expectations and standards. Some company with a major product needed to take the plunge, and General Mills did it.

I wonder how long it will take them to have a same-sex couple in a Cheerios ad. Continue reading →