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Beauty and the Beast

July 11, 2007 6:49 am : Comments 000

As originally posted on Strumpette.com on July 10, 2007.

How Julie Roehm Should Exact Revenge Against Wal-Mart

I know what it feels like to be wronged in the workplace and have images of legal retribution raging in your head. The incident happened many years ago, but my level-headed lawyer convinced me that “living well is the best revenge.”

So I have more than just a passing interest in the plight of Julie Roehm, the advertising executive who Wal-Mart fired for allegedly violating the company’s ethics rules. Roehm, too, feels she was wronged. But her preferred mode of revenge is the biblical kind, albeit with a twist: an eye for an eye, and a smear for a smear. Roehm isn’t just suing Wal-Mart for fraud and breach of contract – she also has accused the company’s biggest honchos, including CEO H. Lee Scott, of ethical conflicts. Underscoring her determination, Roehm has retained MichaelThe flack when you are under attackSitrick. Pitting Sitrick against Wal-Mart’s army of Public Relations pros is the equivalent of hiring Robocop to take on The Three Stooges.

Given her nemesis, I instinctively want to side with Roehm. Wal-Mart is a company without a soul: It pays paltry wages and offers crummy health benefits, leaving a disproportionate percentage of its workers dependent on some form of government financial assistance. It takes great delight shaking down vendors (“Don’t ever feel sorry for a vendor” goes the company saying). It gets huge tax breaks and incentives to build its stores and then shutters them to build a bigger one down the road. Its sleazy PR tactics include the “Wal-Marting Across America” blog, supposedly penned by a couple of customer enthusiasts who turned out to have been bought and paid for by the company. (Yeah, I know the scam was Edelman’s handiwork, but Wal-Mart’s public relations people likely were in on the deception). I’m not inclined to believe anything Wal-Mart says, particularly if it involves a fired employee.

Yet as much as I want to believe in Roehm, a careful reading of her public comments and her court filings requires a dishonest leap of faith. Wal-Mart is quite explicit about prohibiting employees from accepting as much as a cup of instant coffee from vendors and potential vendors; this is an admirable and necessary policy for a company that actively does business in developing countries where bribery and corruption are rampant. So what was Roehm doing dining at New York’s trendy and expensive Nobu restaurant as the guest of the advertising agency she would eventually endorse (much less sitting on the lap of one of the ad execs)?

Roehm admits to the Nobu dinner – “Yes, Nobu! God, we went to Nobu!” – but insists she expected the advertising agency to bill her for the dinner. I’m troubled by this defense: Roehm essentially was relying on the good faith of a potential vendor to ensure compliance of Wal-Mart’s conflict-of-interest rules. My guess is that Wal-Mart’s bean counters would never have approved the Nobu dinner; by having the dinner billed back, the cost would likely have been buried in an invoice that Roehm herself might have had the authority to sign. Given that ad agencies typically mark up expenses, asking the advertising agency to bill back the dinner is fiscally irresponsible at a company that works on razor thin margins.

And then there are Roehm’s “easily explainable” emails to her married subordinate Sean Womack. Remember those? Here’s a refresher: “I think about us together all the time. Little moments like watching your face when you kiss me…” Roehm, who also is married, insists Womack is “like a brother to me,” and denies the two were romantically involved. Maybe I’m old fashioned, but when I want to send my love to my sisters, I just mail a Hallmark card.

Finally, there is Roehm’s outrageous and totally unfounded claim that “perhaps some (at Wal-Mart) did not like following or taking the advice of a woman.” Let’s be honest: the only gender issue here is the double standard that Roehm is benefiting from. The media wouldn’t take seriously a male executive who in an email to a female subordinate pined for her kisses.

Fortunately for Roehm, the facts no longer matter with Sitrick as her public relations bodyguard. Sitrick’s P.T. Barnum-esque “there’s a sucker born every minute” approach to media relations has been unbelievably successful. The infomercial he got 60 Minutes to do articulating his campaign against hedge funds who shorted the stocks of his clients is unquestionably one of the greatest media placements of all time. Just wait until Sitrick unleashes his “truth squads” on Wal-Mart. Don’t be surprised if Roehm remerges as a selfless whistleblower in the spirit of Enron’s Sherron Watkins (Watkin’s wasn’t a whistleblower either, but the media portrayed her as one).

Roehm will no doubt savor the coverage Sitrick orders up, but here is something she should consider: Eugene Melnyk, a controversial Sitrick client whose attacks on short sellers formed the basis of the 60 Minutes infomercial, in May disclosed that he received a so-called Wells notice from the Securities Exchange Commission, which signals the regulator intends to go after him. Fawning media coverage does not ensure legal success.

So here is my unsolicited public relations advice to Roehm. Drop your lawsuit, admit and learn from your mistakes, and get on with your life. Some of our nation’s most respected executives suffered the indignity of being fired or forced out of some very high profile jobs including Lee Iacocca, Sandy Weill, Jamie Dimon, and John Mack. They proved their mettle not by suing their former bosses, but going out and successfully competing against them.

Julie, trust me on this one – living well really is the best revenge.

Julie Roehm Smile

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The “Taken Out of Context” Defense

June 22, 2007 10:31 am : Comments 000

As originally posted on Strumpette.com on June 23, 2007.

WholefoodI’ve always been dubious about the “taken out of context” defense. It’s like the proverbial dog-ate-my-homework excuse. Sure it’s a possible explanation, but nobody really buys it.

Merrill Lynch gave it a shot when it first became public that its once-high-profile analyst Henry Blodgett was singing the praises of certain stocks publicly while privately referring to them in emails as “crap” and “pieces of s***.” Ouch. Merrill, to its credit, came clean a week later and acknowledged that the analyst’s e-mails were “unacceptable” and “inappropriate and well below the standards that Merrill aims to achieve.”

Flash forward to this year and you have former Wal-Mart marketing executive Julie Roehm giving the “taken out of context” defense a whirl. Roehm was fired for various alleged improprieties, including an inappropriate relationship with an underling. She claims that some of the risqué comments in a series of lovelorn emails to subordinate Sean Womack are “easily explainable” and don’t prove that she violated the retailer’s policy against employee fraternization. If that’s the case, I’d love to see the rest of Wal-Mart’s HR manual. I just can’t figure out any scenario under which “I think about us together all the time. Little moments like watching your face when you kiss me…” could possibly be deemed appropriate corporate-speak.

Don’t get me wrong – I am hardly declaring Goliath victor over David in this PR battle. Wal-Mart has had plenty of its own missteps in the public handling of this affair – ahem, no pun intended – but we’ll leave that Monday morning quarterbacking for another day.

So back to current headlines and more people with context issues. This time it is John Mackey, founder and CEO of Whole Foods Market, who is waving the “taken out of context” flag. At issue are some seemingly damaging comments he made in emails and other correspondence that the FTC subsequently cited when issuing its rationale for blocking the retailer’s proposed acquisition of rival Wild Oats Markets. Among the remarks was a discussion about how the acquisition would enable the company to “avoid nasty price wars” that could harm gross margins. Hmmm, that sure smells of antitrust aroma to me.

Here’s the kicker: Turns out Mackey’s comments really were taken out of context and “easily explainable” as well (eat your heart out, Julie Roehm).

How do I know? Rather than ask the general public to blindly take their word for it, Mackey and the folks at Whole Foods took the bold step of posting the alleged damning documents and other related materials – including a confidential memo to the board of directors outlining the rationale for the Wild Oats acquisition – to its website. And you know what? Mackey makes a pretty convincing business argument why the Wild Oats acquisition isn’t anticompetitive.

While Whole Foods certainly gets some positive points for backing up its claims of comments being taken out of context with tangible evidence, they are offset by demerits earned for two negative outcomes generated by their transparency play.

First, Whole Foods’ leadership lets its collective frustration get the better of themselves by launching a highly questionable and very vitriolic attack on the FTC as part of its posted defense. Questioning the legitimacy of the agency and the ethics of government bureaucrats before whom you have significant business dealings is not a smart negotiating tactic.

The second related cringe-inducer is from a PR standpoint: As shared in his blog, Mackey argued that Whole Foods faces formidable competition from mainstream supermarkets, not just ones specializing in natural foods. He is especially passionate about Wegmans Food Markets, an upscale Northeast supermarket chain with legions of fans, including one of my colleagues, who lives for its chocolate chip muffins.

To wit: “Wegman’s (sic) operates huge stores with excellent quality of perishables and low prices and it is difficult for us to effectively compete against them“. (emphasis mine).

If I were Wegmans, I’d have my advertising team working on full-page advertisements with the following headline: “Even Whole Foods Raves about Our Excellent Quality and Low Prices.” John Mackey has already written the ad copy.

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