Tag Archives: Harvey Weinstein

Morning Ethics Warm-Up, 10/19/2017: Gwyneth’s Mom, Harvard’s Airbrush, Salon’s Favorite Conservatives

Yes, I KNOW it’s Thursday, but I meant to use this song yesterday, but didn’t, because I thought it was Tuesday…

GOOD MORNING!

1 We have several Ethics Train Wrecks barrelling along. The Harvey Weinstein Express is still picking up expected passengers, like Harvard University’s Hutchins Center for African and African American Research. The Executive Committee unanimously voted to award Weinstein the 2014 W.E.B Du Bois medal for contributions to African and African-American culture. In the midst of complaints by the African American community that Hollywood was slighting black artists and themes in its films, Weinstein’s Miramax studio had stood out as a notable exception.

The same professors voted Tuesday night to rescind the honor in the wake of the Weinstein’s (long-known but only recently publicly exposed) sexual predator proclivities, announcing in a statement: “We have voted unanimously to rescind the Du Bois Medal awarded to Mr. Weinstein in 2014. We stand with the women who have courageously come forward to fight for themselves and indeed for all of those who have experienced similar abuse.”

Wrong, and cowardly. What does sexual harassment have to do with African American culture? The mania among progressive missions groups to insist that only those who satisfy all broad progressive agenda mandates are worthy of any honor is why the nation’s continued celebration of Jefferson, Washington and other founders is hanging by a thread. Did Weinstein deserve the award in 2014? Yes, I assume. Has anything changed regarding the producer’s contributions to black culture through his movies? No.

I covered this substantially identical situation here, in 2015. Continue reading

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That Settles It, If It Wasn’t Obvious Already: Lisa Bloom Is An Unethical Hack (But I Could Be Wrong…)

Now, don’t sue me, Lisa! Remember what it says in the “About” section (above), this is all just my opinion. When I say you are a stunningly unethical lawyer, that’s just my analysis; it’s true I know something about legal ethics, teaching and consulting on it full time, but I can’t assert my opinion as fact. I can’t read your mind or slog through your soul. I don’t know what a bar disciplinary committee would decide, though I know this is a famously gray area in legal ethics, so unethical conduct is unlikely to be punished.  And when I say you’re a hack, remember that “hack” isn’t a description subject to objective proof, any more than, say, “asshole.” Perhaps your definition of “hack’ is different from mine. In fact, I’m sure it is.

That said, your conduct is a professional disgrace. I think. Who knows? I may be wrong.

In an interview with BuzzFeed News published this weekend, Bloom, speaking of her recently terminated representation of Harvey Weinstein, said

“I can see that my just being associated with this was a mistake. All I can say is, from my perspective, I thought, ‘Here is my chance to get to the root of the problem from the inside. I am usually on the outside throwing stones. Here is my chance to be in the inside and to get a guy to handle this thing in a different way.’ I thought that would be a positive thing, but clearly it did not go over at all.”

Bloom added that she will no longer represent men accused of sexual misconduct, “even those who convincingly tell me they are innocent….I will just make the best choices I can out of every situation. I have clearly not been successful. I think anybody who does big bold things fails. And I definitely failed on this one.”

What Bloom has failed at is called “being a trustworthy and competent lawyer.”

The next day, during an appearance on Good Morning America, Bloom even more explicitly threw her former client under the metaphorical bus:

“It’s gross, yeah,” Bloom told GMA. “I’m working with a guy who has behaved badly over the years, who is genuinely remorseful, who says, you know, ‘I have caused a lot of pain.’”

Did Bloom actually graduate from law school, or did she just apprentice in her mother’s office (she is Gloria Allred’s daughter) and somehow get an honorary license? Did she never learn about the a lawyer’s duties of loyalty and confidentiality? She obviously didn’t know about conflicts of interest, since she represented Weinstein while agreeing to let him turn her book into a TV miniseries.

Ethics Alarms has previously criticized lawyers who have publicly undermined their former clients. The most recent example  was last year, when a former Trump lawyer used his experiences while representing the future Presidential candidate decades earlier to write a scathing mid-campaign attack on his former client in the Huffington Post. I wrote,

There is strong disagreement in the profession about whether the answer to “Is this unethical?” should be an outright yes. The status of loyalty among the legal ethics values hierarchy is as hotly contested now as it ever has been. If a lawyer wants to attack a former client in a matter unrelated to the representation and no confidences are revealed in the process, is that a legal ethics breach? If it is, it would be a very tough one to prosecute. I think it’s a general ethics breach, as in wrong and unprofessional. It is disloyal, and clients should be able to trust their lawyers not to come back years later, after a client let the lawyer see all of his or her warts, and say, “This guy’s an asshole.” It undermines the strength of the public’s trust in the profession.

Continue reading

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Here’s Something The News Media Hasn’t Explained Regarding The Weinstein Scandal: Those Victim Confidentiality Agreements Are Unethical, And Maybe Illegal

Rose McGowan, the new Sexual Harassment Fury on social media, says she was raped by Weinstein and had to accept a $100,000 settlement with a confidentiality agreement as a condition of the deal. That means that if she subsequently told her story and accused Weinstein, she would be liable for damages, and would have to return the money. Right?

Not exactly. Most of the accounts in this sordid series of events make it seem like confidentiality agreements are iron clad and enforceable. Often they are neither. McGowan’s almost certainly wasn’t.

Debra Katz, an attorney specializing in sexual harassment law suits, recently explained that if employees or former employees came forward with information about Weinstein participating in criminal misconduct, their non-disclosure agreements or confidentiality agreements would probably be unenforceable, saying,

“These kind of very broad NDAs or confidentiality agreements typically violate public policy. Employees have to have the legal ability to discuss any concerns about unlawful behavior in the workplace … These broad provisions that would effectively silo people, make them feel like they can’t speak about this, are simply an instrument to put fear in people.”

My position has always been that lawyers who construct such agreements, knowing that they are unenforceable, are committing sanctionable ethical misconduct. The lawyer for the employee being silenced, moreover, has an obligation to let the client know that the requirement is unconscionable. Of course, it’s the client’s decision whether she wants to take the money.  It is also unethical to make an agreement you have no intention of honoring. Continue reading

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Ethics Quiz: Branding Ethics And The Weinstein Scandal [Updated]

I’m lounging in Richmond’s wonderful Jefferson Hotel, watching the hilarious and despicable parade of actors, actresses and Democrats—Hillary, the Obamas–rushing to condemn Harvey Weinstein now that his use to them is probably ended, and they see safety in numbers. Many of their statements—I was just listening to Mira Sorvino—mouth the same platitudes about how “this is no longer conduct that can be tolerated”—pssst: It was never tolerable behavior; your industry and colleagues just tolerated it anyway—and how it is essential that such sexual predators be stopped—pssst again: why didnt YOU do anything to stop it?– while saluting the courage of victims who come forward, without any adequate explanation in many cases of why they, or others, didn’t come forward for years and even decades while  other actresses were victimized and even raped. (The alleged rape total is now up to three.)

Angelina Jolie said today that she was harassed by Weinstein a decade ago, decided not to work with him, and “warned other actresses she knew not to do so as well.” This dovetails nicely with another harassed non-reporting actress’s tale, that of Gwyneth Paltrow—years late, of course, that she was attacked by Weinstein, and her boy friend at the time, Brad Pitt, confronted him. Presumably Pitt also later  knew about Jolie’s experience,being married to her and all. Brad Pitt was afraid to expose Harvey Weinstein? Sorry, I don’t believe it. I don’t believe George Clooney’s statement either, or long-time stars like Glenn Close. I also don’t understand Paltrow, whose father was himself an influencial producer. Her father wasn’t willing to stop Weinstein? Why not?

[CORRECTION: an earlier version of the post conflated Sorvino with Paltrow. Thanks to Spartan for the alert.]

This was a conspiracy of silence, abetted by Weinstein’s wallet. As long as he was a useful ally to ambitious actresses willing to exchange their ethical duties as citizens and human beings for parts and pay-offs, and liberal politicians employing wilful ignorance to keep money flowing to their campaigns and causes, Weinstein had a free pass to molest and abuse, and knew that he had a free pass.

The posturing by so many powerful people who could have made Weinstein a pariah at any time—but just not during the current campaign at the time, or while the latest promising Miramax project was being produced—is nauseating.  Even if one excuses the struggling starlet—and I don’t, not when she’s struggling and afraid, and definitely not years later, when she knows what happened to her is still going on but she’s now a Hollywood power herself—there is no way to excuse the community. This isn’t sort of like inner cities that have a “no snitch” culture that allows crime, drugs and murder to rot everything while innocent victims are terrorized, it is exactly like them. Victims still have ethical duties as citizens and human beings. Of course it’s hard. If being ethical was easy, we wouldn’t have to keep talking about it.

Of course, the most complicit of all may have been Harvey Weinstein’s business partners, including his brother. There is no reasonable possibility that some, most, or all of them didn’t know that their meal-ticket was a sick, sexual predator. Certainly Weinstein’s brother, now running The Weinstein Company. Now I read in the Wall Street Journal before me that the company is planning on rebranding, taking the Weinstein name off of the company. The idea is that after a few successes and maybe some convenient amnesia,  people will begin trusting the company again. Hey, let’s call it “Trust Entertainment”! (That’s my idea, not theirs.)

Your Ethics Alarms Ethics Quiz of the Day:

Is this ethical? Continue reading

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Morning Ethics Warm-Up, October 10, 2017: Post-Columbus Day Edition

Good Morning.

1 The rhetoric against celebrating Columbus Day is at bottom an attack on American values and the nation itself,  making the case that the culture should bask in eternal guilt and shame for the crime of existing. It has always been thus: I heard the counter-Columbus claims when I was a kid and living in Boston, where you can’t throw a spitball without hitting an Italian or a Catholic. Then, however, there were sufficient numbers of responsible elected officials who put those ignorant and warped arguments in their place—the trash. Now, the path of least resistance reigns.

We celebrate Columbus because he brought European culture and civilization to the New World, making our nation possible. He was the butterfly flapping his wings in the Amazon, in Chaos terms: without Columbus, everything might be different. One thing that would not be different, however, is that the stone age cultures that lived in the Americas would not have prevailed, thrived and survived. Blaming Chis for the inevitable destruction of primitive cultures when more advanced and ambitious ones arrived, as they were going to with or without Columbus, is scapegoating of the worst kind.

We also celebrate Columbus because of the good and important things his first voyage symbolizes: mankind’s constant search for knowledge; the bravery of explorers; the visionary who dares to challenge conventional wisdom.

We have not, so far at least, renamed Martin Luther King Day as Victims of Adultery Day. Columbus was a man of his time, working for a brutal regime. He did many things that were wrong even by the standards of the time. Irrelevant. He opened the door  from the Old World to the New, and made the United States of America possible.

That’s worth celebrating.

2. Robert E. Lee  High School in San Antonio wins some kind of weasel award for responding to pressure to de-honor that racist slave-owner Robert E. Lee by renaming it LEE High School, with LEE being an acronym meaning Legacy of Educational Excellence High School. Pretty impressive, that: managing to be cowardly, irresponsible, and deceitful, all at once. Capitulating to the Left’s statue-toppling, historical airbrushing mania is wrong; doing so while not really doing it is worse. Keep recognizing the General, or don’t.

Who wants people like this teaching their children?

3.  ESPN  didn’t think it was necessary to suspend  anchor Jemele Hill  for tweeting that the President of the United States was a white supremacist, but when she dared to suggest that advertisers boycott NFL teams that forbade the kneeling stunt currently killing NFL  fan loyalty, ratings, ticket sales and popularity, that really crossed some lines. The network suspended Weeks after she expressed outrage at the ownership of the Dallas Cowboys and Miami Dolphins for making a “No-knee” policy for its players.

“Jemele Hill has been suspended for two weeks for a second violation of our social media guidelines,” ESPN said in a statement. “In the aftermath all employees were reminded of how individual tweets may reflect negatively on ESPN and that such actions would have consequences. Hence this decision.”

Ethics Alarms is on record as holding that Hill should have been disciplined for the anti-Trump tweet, but I sympathize with her here. She had every reason to believe that she had received special dispensation to air her progressive, resistance, Black Lives Matter advocacy using her ESPN visibility as a platform, especially after Disney’s CEO admitted that she hadn’t been disciplined because she was black.

ESPN’s standards are as incoherent as the cause of the kneeling players. They send mixed signals to employees and viewers, satisfying no one, and creating a chaotic culture undermining their own business, which is, remember, covering sports. Continue reading

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Lessons And Notes From The Harvey Weinstein Fiasco

The latest development in the rapid fall of Hollywood independent film mogul and lionized Democratic donor Harvey Weinstein: The board of his own company, The Weinstein Company, just fired him.

You should read the New York Times’ damning story, following an investigation, about the extent of Weinstein’s long reign of misogynist terror in Hollywood. I don’t care to re-hash it. Note, as you read, that as disgusting as it is, more disgusting stories have come out since it was published. For example, a TV journalist now says that Weinstein once trapped her in the hallway of a restaurant that was closed to the public and masturbated in front of her until he ejaculated.  She says she told friends about the episode, but remained quiet because “she was in a long-term relationship” and was “fearful of the power that Weinstein wielded in the media.”

  • WHAT? She withheld this story for a decade because she was fearful, thus allowing Weinstein to abuse how many other women? Hundreds? I’d love to ask her if a powerful individual, in her opinion, could have done anything that would have caused her to make the effort to overcome her fear and self-interest. Someone who would act as she describes is pathological. What she endured was a criminal act. This is signature significance, is it not? Does a civilized, trustworthy, non-sociopath sicko ever do such a thing even once, on the worst day of his life? “I’m sorry I trapped you and masturbated in front of you; it wasn’t the best choice, and anyone can make a mistake.”

The man is and was dangerous. The woman had a citizen’s duty to report this to the police; I don’t care how powerful he was.

  • And, apparently, dozens of actresses had experiences, if not quite that horrifying, horrifying enough. In the Times report, we learn that Weinstein invited Angry Progressive Feminist Ashley Judd to the Peninsula Beverly Hills hotel 20 years ago for what she thought would be a breakfast meeting about her career. Weinstein had her sent to his hotel suite, where he greeted the actress in a bathrobe and asked if he could give her a massage. She told The Times that he then proposed that she watch him shower. Now she tells us this? Now, after she excoriated the President on the Mall, using obscene terms to cheer on  “resistance” “pussy- hat marchers  in January and speculate about the President’s Trump’s wet dreams about his own daughter?  Judd  said she kept quiet to avoid alienating Harvey Weinstein because she was just at the beginning of her career—you know, like all of those Cosby victims. What’s her excuse for the rest of the 20 years, allowing more young actresses to be extorted into sexual submission? Larry O’Connor has the (revolting) answer, I think. In a piece for Mediaite, he writes of Judd,

Has she channeled that anger and humiliation and fear at the industry that allowed it? Or at the man and his multi-million dollar corporation that enabled it? No. Her real enemies are Republicans. Don’t you get it?

So the not-so-hidden message in Weinstein’s non-apology statement was “Hey, remember, I supported Hillary and Obama and I raise millions for Democrats and I’ll help destroy the NRA and Trump. I may treat you like shit, but my heart is in the right place. Now get your knee pads on.”

In Hollywood, being liberal means never having to say you’re sorry.

Judd has been praised for having the courage to tell her story now…when Weinstein is elderly and his power is waning, knowing the he was about to be exposed. No, this is an example of Rationalization #22, “It’s not the worst thing.” Yes, Judd is not as bad as the many, many actresses who kept quiet about this sexual predator, endangering others, who still are mum. Whoopie! Continue reading

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Morning Ethics Warm-Up, 10/8/2017: TV Comics, Law Deans, Sports And California…Everything Is Seemingly Spinning Out Of Control!

Good Morning!

On the day that the Boston Red Sox will begin their stunning comeback against the Houston Astros …

 

1 Speaking of baseball, a poll shows that the NFL fell from the most popular major sport in the nation last year to the least favorite last month, while baseball regained its traditional but usually treated as fictional “National Pastime” status. The NFL also dragged down the popularity of college football. Not all of this can be blamed on Colin Kaepernick, Black Lives Matters, and incoherent protests that aren’t against the National Anthem, well, maybe its third verse, but take place during the National Anthem, well, because. Ethics Alarms isn’t the only voice that has declared football to be callous and barbaric, now that the game’s unavoidable concussions are being shown to cause a deadly brain disease. Too many helmeted heroes beat their spouses and lovers, and commit felonies. The biggest star in the NFL, Tom Brady, is a smug, cheating jerk. It never helps when the President of the United States, even one like Trump, attacks an institution from the bully pulpit. Still, the timing certainly suggest that the NFL’s botched handling of The Knee is the catalyst for its current nosedive in popularity. Just think how many brains will be saved if this is permanent.

Meanwhile,  Major League Baseball is benefiting from staying true to its traditional national role of unifying the country rather than dividing it. No on-field protests mar the National Anthem. The sport is entertainment, celebrating American themes like individualism, the triumph of the underdog, and grace under pressure. In 1942, FDR urged Major League Baseball to keep playing, even though the remaining players were unfit for military service, leaving the teams stocked with older players and a collection of misfits, like Pete Gray, the one-armed outfielder.  After Baseball Commissioner Judge Kenesaw Mountain Landis wrote President Roosevelt in January, FDR replied with this letter the same day:

It is not, however, in the best interest of the country to keep the NFL “going.” Continue reading

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