Toys R Us Closes

https://www.toysrusinc.com/restructuring

Toys R Us will close its remaining 735 U.S. stores and will lay off about 33,000 employees around the country. The company tried to survive after a bankruptcy filing in 2017, but the retailer can't compete with large stores, such as Walmart, and online sellers, such as Amazon.

Critics say Toys R Us failed to generate excitement, as one analyst describes in The Washington Post article:

“The liquidation of Toys R Us is the unfortunate but inevitable conclusion of a retailer that lost its way. Even during recent store closeouts, Toys R Us failed to create any sense of excitement. The brand lost relevance, customers and ultimately sales.”

A professor of brand management echoed this theme:

“We know that customers are willing to pay more for an enjoyable experience — just look at the lines at Starbucks every day — but Toys R Us has failed to give us anything special or unique. You can find more zest for life in a Walgreens.”

New York Senator Chuck Schumer is asking for the Federal Trade Commission (FTC) to ensure that customers aren't left "holding the bag" if they can't cash in or buy products with gift cards, particularly those recently received in December for Christmas.

Toys R Us has only a short statement on its website announcing the liquidation.

Discussion:

• Should the company leaders say more about the decision? What else, if anything, could be included in the statement?
• In addition to legal responsibilities, do company leaders have ethical responsibilities to make good on outstanding gift cards? Why or why not?
• In what ways has the company failed to learn from failure?

NYT Learns from Failure

The New York Times admitted a mistake: the paper failed to write obituaries for some extraordinary women:

Since 1851, The New York Times has published thousands of obituaries: of heads of state, opera singers, the inventor of Stove Top stuffing and the namer of the Slinky. The vast majority chronicled the lives of men, mostly white ones; even in the last two years, just over one in five of our subjects were female.

The paper has begun a collection of obits for people "who left indelible marks but were nonetheless overlooked." Write-ups are available for 15 women, including Sylvia Plath, an accomplished poet who committed suicide; Margaret Abbott, the first woman to win an Olympics game; and Ida B. Wells, who fought racism and lynchings in the South in the 1890s.

Discussion: 

• How well does The New York Times address the failure? 
• Why are they writing these obituaries now? What are the arguments for the collection and against it?

L.L. Bean: Return Doesn't Mean Lifetime Replacement

L.L. Bean has had it with customers who abuse their generous return policy. The company is making two major changes: customers must return products within one year unless they are damaged, and customers must produce a receipt.

A company spokesperson explained the decision:

"If it's been over a year and someone is able to provide a proof of purchase and if the product does not fall within one of our Special Conditions such as products damaged by misuse, abuse, pet damage, personal reasons unrelated to product performance or satisfaction and more, we would honor the return."

Although it was a small percentage of customers, some had taken advantage of the product "guarantee." The question we might ask is, Why did it take so long? Or, why now?

Discussion:

• Why do you think L.L. Bean waited until now to tighten the return policy? What are the potential consequences of the decision?
• Assess the message to customers. Who are the primary and secondary audiences? How well does the message meets its objectives?
• How do you see this as an issue of integrity? How is L.L. Bean demonstrating learning from failure?

Questions of Transparency

The long-awaited memo written by Republican staff members about potential impropriety from the Justice Department and F.B.I in the Russia investigation has been revealed. Now, The New York Times editorial board is calling, once again, for President Trump to reveal his tax returns:

Since the Republicans are now on board with greater transparency, they will no doubt push President Trump to release his tax returns, as every other major-party presidential nominee has done for the past four decades, won’t they?

How about the White House visitor logs, which the Trump administration started hiding from the public last year? Or, say, the names of all foreign governments and officials who have stayed — at their own or at American taxpayers’ expense — at Mr. Trump’s Washington hotel, at his Mar-a-Lago resort in Florida or at his golf courses and his other businesses since he became president? Or the names of every foreign business with which the Trump Organization has a financial relationship, especially in countries where America has sensitive foreign policy interests, like China, India, Russia, Turkey or Saudi Arabia?

The reasoning sounds like reciprocity, but the argument may not get no more traction now than it did during the presidential campaign. A Pew research study in January 2017 showed that 60% of those surveyed believed Trump "has responsibility" to release his returns. Although some were adamant about the release at the time, the Wall Street Journal, for example, reported that the returns wouldn't tell us much anyway.

Discussion:

• What are the advantages and downsides of President Trump revealing his tax returns?
• Read the entire opinion piece. What other arguments do the authors make?
• Do you agree with their reasoning? Why or why not?
• How would you describe the tone? Does the approach help or hurt the argument?

Penn Removes Several Recognitions of Steve Wynn

For the first time in more than 100 years, the University of Pennsylvania has revoked an honorary degree. Following accusations of sexual misconduct against Steve Wynn, the trustees announced the revocation in addition to plans for removing Wynn's name from "Wynn Commons" and from a scholarship fund.

The message, sent by email and posted on the school's website, explained the decision and announced that an honorary degree for Bill Cosby also will be revoked. University leaders were careful to describe their decision process as well as the delay in revoking Cosby's degree. This is a good example of anticipating and addressing potential criticism.

Judging by comments on Twitter, reactions to the university's decision to take a stand seem to be neutral or positive.

Discussion:

• Did UPenn make the right decision? Why or why not?
• Analyze the message. What principles of business are followed, and how can the message be improved? Consider the audience analysis, organization, tone, and so on.
• How is this an example of courage? What risks does the university face?

How Well Can People Rate News "Credibility"?

Facebook has a solution to its fake-news problem: allow users to assess stories' credibility and trustworthiness. Stories rated more highly will get higher ranks in newsfeeds.

In a Facebook post, Mark Zuckerberg explained the plan:

Here's how this will work. As part of our ongoing quality surveys, we will now ask people whether they're familiar with a news source and, if so, whether they trust that source. The idea is that some news organizations are only trusted by their readers or watchers, and others are broadly trusted across society even by those who don't follow them directly. (We eliminate from the sample those who aren't familiar with a source, so the output is a ratio of those who trust the source to those who are familiar with it.)

Critics call the move "time-wasting stupidity":

So people get to rate the credibility of news. Based on what?

The answer is easy. People will believe any story that presents a view they want to hear.

Is there a point to this?

Sure, Facebook wants people to waste still more time on Facebook debating what is or isn't fake new [sic].

Rating news stores based on credibility is time-wasting silliness.

That's precisely why Facebook introduced the feature. Don't fall for it.

Discussion:

• Business communicators may have some questions as well. What principles of research and source credibility are in question here? What do we know about how people interact on social media that may jeopardize Facebook's plan?
• On the other hand, what is positive about the plan?
• On balance, are you more optimistic or pessimistic about Facebook's ability to reduce fake news?
• Assess Zuckerberg's writing skills in the full post. How well does he organize the message and communicate his ideas?
• Is this a good or a weak example of Facebook's accountability?

BlackRock Encourages "A Sense of Purpose"

BlackRock CEO Larry Fink is encouraging companies to be more socially responsible. In his annual letter, the investment firm CEO describes the increasing wealth disparity in the United States:

"We are seeing a paradox of high returns and high anxiety. Since the financial crisis, those with capital have reaped enormous benefits. At the same time, many individuals across the world are facing a combination of low rates, low wage growth, and inadequate retirement systems. Many don’t have the financial capacity, the resources, or the tools to save effectively; those who are invested are too often over-allocated to cash. For millions, the prospect of a secure retirement is slipping further and further away – especially among workers with less education, whose job security is increasingly tenuous. I believe these trends are a major source of the anxiety and polarization that we see across the world today."

Fink is encouraging more engagement of shareholders and a focus on creating long-term value:

"Companies must ask themselves: What role do we play in the community? How are we managing our impact on the environment? Are we working to create a diverse workforce? Are we adapting to technological change? Are we providing the retraining and opportunities that our employees and our business will need to adjust to an increasingly automated world? Are we using behavioral finance and other tools to prepare workers for retirement, so that they invest in a way that that will help them achieve their goals?"

But critics say Fink is overstepping. On Squawk Box, Sam Zell said, "I didn't know Larry Fink had been made God."

Discussion:

• What's your view of Fink's position? Is this a good idea, or should he keep his thoughts to himself?
• What are Fink's communication objectives, and how well does he meet them?
• Assess the letter in terms of organization and writing style.

Intel CEO Warns of Vulnerability, a Little Late

The CEO of Intel has bad news: a patch for a chip vulnerability will slow down computer operations. In an interview with Bloomberg, a technology analyst explains the typical process when finding security issues: companies find a bug and solve it before going public. However, this time, an issue known for perhaps a year went unsolved and was kept quiet—until now.

Bloomberg says chip makers had downplayed the effects of the patch, but CEO Brian Krzanich has finally described the issue:

“We believe the performance impact of these updates is highly workload-dependent. As a result, we expect some workloads may have a larger impact than others. As of now we have not received any information that these exploits have been used to retrieve customer data.”

In other words, the patch works but will slow down operations.

A technology analyst says this is the first time chip makers like Intel have gotten caught needing to admit a potential vulnerability, and it's unclear why it hasn't been fixed before this point.

Bloomberg reports on the secrecy and implications:

“Our first priority has been to have a complete mitigation in place,” said Intel’s Parker. “We’ve delivered a solution.”

Some in the cybersecurity community aren’t so sure. Kocher, who helped discover Spectre [a bug], thinks this is just the beginning of the industry’s woes. Now that new ways to exploit chips have been exposed, there’ll be more variations and more flaws that will require more patches and mitigation.

"This is just like peeling the lid off the can of worms," he said.

Image source.

Discussion:

• In what ways did Intel avoid accountability? How did the avoidance affect the company? What would have been a more appropriate response to finding the bugs?
• Distinguish between this computer vulnerability and vulnerability in interpersonal relationships. One is good; the other is not.
• Read the Intel CEO's quote, above. It sounds jargony but was presented at CES, a conference of IT professionals. Did he use appropriate language, or does his word choice demonstrate a lack of transparency? What do you think?

Papa John's Vague Message About a New CEO

Papa John's Founder and CEO John Schnatter will be replaced by a long-time insider, Steve Ritchie. Although the company didn't confirm a connection, a New York Times report assumes the move is related to Schnatter's controversial statements about the NFL. He blamed NFL leadership for allowing players to kneel during the national anthem, which he said led to declining viewership and, as a result, declining pizza sales.

The company's news statement also says little about the decision. Instead, the message focuses on Ritchie's qualifications, with endorsements from Schnatter, who will remain board chair.

Schnatter's accusations were criticized by some and, unfortunately, touted by white supremacist groups. Schnatter did his best to disentangle from the association with hate groups, but the damage may have been done.

Image source.

Discussion:

• Did the company make the right decision? What are the potential consequences?
• Should Papa John's say more about the reason Schnatter is stepping down? Why or why not?

Banned Words for the CDC?

The Washington Post may have "mischaracterized" a report that the Centers for Disease Control (CDC) was "banned" from using certain words in its budget documents. Reports claimed that the Trump Administration would prevent the CDC from using these seven words: vulnerable, entitlement, diversity, transgender, fetus, evidence-based, and science-based.

But in a Facebook post, CDC Director Brenda Fitzgerald denied such restrictions. She is upholding the integrity of the organization.

What really transpired between the CDC and the Trump Administration? The Human Rights Commission, an LGBTQ organization, wants to know. In addition to projecting the seven words boldly across a Trump hotel in Washington, D.C., in protest, the organization has asked for more information:

"In conjunction with the enormous light display, HRC has filed a Freedom of Information Act (FOIA) with the Department of Health and Human Services (HHS) for any and all records, including communications with the CDC, relating to the banned words from November 2016 onward."

Discussion:

• How is this an issue of integrity for the CDC? What do you think actually transpired between the CDC and the Trump Administration?
• Where do you think the Washington Post went wrong—or did it?
• Assess the CDC director's response. How well did she handle the issue and rebuild the agency's image? 

Delta Communicates Flight Cancellations

Delta announced that about 375 flights were cancelled because of weather conditions around Atlanta. In a short statement on its website, Delta explained the decision and provided customers with sources for more information.

Since the first announcement, Delta posted a large notice on the site: "UPDATED: Delta teams working through night to reset ATL operations." The company also posted updates at noon and again at 4 pm.

Discussion:

• Read the entire statement on the Delta website. Analyze the primary audience and identify the communication objectives. How well does the company meet these objectives?
• Assess the organization. Where are the main points, and how is the rest of the message structured?

Persuasive Letter from Scholars to NYC Mayor

New York City Mayor Bill de Blasio is under pressure to remove four statues that a group considers racist. More than 120 academics and artists signed a letter to persuade the mayor.

The letter assumes that two monuments "have no place on City property" and have "no defenders." They describe them as follows:

• The Dr. J. Marion Sims statue in Central Park, commemorating a doctor who performed surgical experiments on enslaved African American women, including children, without anesthesia or consent. Momentum for its removal has spurred a remarkably broad coalition in support of the long-standing demand from Black and Latinx Harlemites that this affront be removed.
• Historic markers of Vichy France’s Nazi collaborators, Philippe Pétain and Pierre Laval, are located in the Canyon of Heroes. Lest anyone need reminding, Vichy organized its own deportation to Auschwitz of over 70,000 Jewish French citizens.

The other two are more controversial, and the authors identify several arguments to support removing them. One is of Theodore Roosevelt, and the other is of Christopher Columbus.

In closing the letter, the group suggests alternatives:

In calling upon the Commission to recommend the removal of the aforementioned monuments, we also endorse any forward-looking post-removal initiative to advance understanding of these histories and make creative use of the vacated city property. These statues could be placed in dedicated museum spaces or memorial gardens, as has happened in Germany, India, South Africa and across Eastern Europe. The Roosevelt monument by James Earle Fraser could be profitably displayed alongside Fraser’s The End of the Trail in the Metropolitan Museum, for example, so that viewers could explore how race and eugenics were visualized in the period. The empty sites could be used as the subject for artistic competitions, as with London’s Fourth Plinth in Trafalgar Square. In short, we see the outcome of the Commission not as destroying heritage, let alone the purported erasure of history, but as the beginning of an exciting new set of possibilities for public art and museums in New York City, one finally devoted to an inclusive and reparative vision of the difficult histories of settler colonialism and the Indigenous peoples of this land.

Image source.

Discussion:

• How would you describe the writing style in the letter? In what ways is it similar to and different from business writing?
• How is the letter organized? How could the organization be improved?
• Assess the argument for the two monuments in question. How do the authors use logical arguments, emotional appeals, and credibility? Which are their strongest and weakest arguments?

Chipotle Announces Search for New CEO

After founding the first Chipotle restaurant in 1993, Steve Ells will leave his position as CEO and become executive chairman. Chipotle locations have struggled with food safety issues since 2008, when customers at a La Mesa, California, restaurant came down with hepatitus, and 54 Kent State students were affected by norovirus at a local restaurant. Since then, other locations have been affected by these illnesses as well as Salmonella and E. Coli.

Company stock has suffered, and this move signals a hopeful change. It's a tough spot for the company's board because Ells has been the face of Chipotle for so long, but the situation has not improved despite efforts for better food safety and new menu items, such as queso dip, which was not well received.

In a company press release, Ells is quoted:

“I am incredibly proud of Chipotle and our people – and grateful to our loyal customers – and while we are continuing to make progress, it is clear that we need to move faster to make improvements,” said Ells. “Simply put, we need to execute better to ensure our future success. The Board and I are committed to bringing in an experienced leader with a passion for driving excellence across every aspect of our business, including the customer experience, operations, marketing, technology, food safety, and training.”

Added Ells, “Bringing in a new CEO is the right thing to do for all our stakeholders. It will allow me to focus on my strengths, which include bringing innovation to the way we source and prepare our food. It will ultimately improve our ability to provide our guests with delicious food that is prepared with high quality ingredients that are raised responsibly and served in a way that is accessible to everyone. I am confident that this will allow us to deliver value for our shareholders, and provide rewarding opportunities for our employees. Chipotle has vast unrealized potential. As we work hard to restore our brand, I believe we can capitalize on opportunities, including in areas such as the digital experience, menu innovation, delivery, catering, and domestic and international expansion, to deliver significant growth.”

The board chair is also quoted, speaking highly of Ells:

“Steve is a visionary leader and one of the most successful restaurateurs in history, having grown Chipotle from a single restaurant in Colorado to more than 2,350 restaurants today. Steve made the decision, and the Board agreed, that now is the right time to identify a new CEO who can reinvigorate the brand and help the company achieve its potential. We are committed to recruiting a world-class CEO for this incredible opportunity.”

Discussion:

• Read the entire press release. What is not said? Should the release include anything else? 
• How well does Ells's quote inspire confidence in the future of the brand? What parts do you find most and least convincing?
• Who are the audiences for the press release? What are the company's objectives?
• In a sense the board is demonstrating vulnerability. How would you describe their approach, and how effective do you think this is?

More Than You Want to Know About Fonts

This may be more than mere mortals and business writers need to know, but typography is interesting. We often use default fonts that Microsoft chooses for us, but this graphic shows the many variables among them.

The most commonly known term is probably serif, shown here as 28 on the third row. The letter h in this font has small lines at the bottom. These "legs" are missing in sans-serif fonts, which means they are "without" them. Serif fonts include Times New Roman, Garamond, and Georgia (this one), while standard sans-serif fonts are Arial and Calibri.

Fonts can reflect a company or style of writing. Disney and others have their own special fonts, which could be fun for headings but may be too much for body text. People are long tired of Comic Sans, which is cute for K-12 documents but little else. Serif fonts tend to be more formal looking, while sans-serif are more informal.

Although presenters get creative in choosing fonts, a common problem is using a font that isn't installed on another computer. For example, you create a PPT file on one computer, but when you open the file on another and the font isn't available, the new computer will choose a default. This messes up alignment because the two fonts may be different sizes. More specifically, from the glossary at right, the character width, ascender height, or x-height may be different.

Some fonts are wholly unreadable and should be avoided entirely. Impact, for example, should be used sparingly for large headings only.

Discussion:

• Do you have a favorite font? What do you like about it?
• Have you tried different fonts for different purposes? How did it turn out?

Smashing Keurigs to Defend Roy Moore

People are posting videos of themselves destroying their Keurig coffee machines to protest the company's decision to pull advertising from Fox News because of an interview with Roy Moore. Moore, who is running for Senator for Alabama, has been accused of having sexual relations with a 14-year-old girl and other teenagers when he was in his 30s.

Sean Hannity interviewed Moore, and Keurig and other advertisers, including E-Trade, Realtor.com, ELOQUII, 23andMe, and Nature's Bounty, thought the interview was too light and let Moore off easily. Keurig CEO Bob Gamgort explained his reasoning in an email to employees including this excerpt:

"The catalyst for the current situation was commentary made by Sean Hannity on his TV and radio programs last week, which sparked a significant number of consumer complaints directed to us as advertisers on his TV program. Hannity himself later apologized for his comments in his own tweet: "As I said on TV tonight, I apologize when I misspoke and was not totally clear earlier today."

Hannity's conservative fans aren't happy with the decision.

UPDATE: Some advertisers deleted tweets, which does not reflect well on the brands.

Discussion:

• Assess the CEO's full email to employees. Analyze his audience and communication objectives. How well does he explain the situation?
• In what ways is this an issue of integrity for multiple people involved?

Florida State University Suspends Greek Life Activities

A fraternity member's death was the last straw for the president of Florida State University. John E. Thrasher suspended all fraternity and sorority activities on campus, calling for "a new normal for Greek life."

The student death, which occurred during pledging, follows another student death in September and cocaine charges for another member. In a statement, Thrasher explained the decision and called on the Greek community to find innovative practices. He emphasized the importance of the pause: "The president said this pause is needed to review and reflect on the loss of a young life."

In a long list, the university itemizes what is not allowed, including meetings or events, and specific FSU activities are mentioned, such as Homecoming "pomping, skit night, or spear-it night."

Discussion:

• The university website refers to the decision as an "indefinite interim suspension." Sounds redundant, doesn't it? Do you think this is intentional or a grammatical oversight?
• Assess the university's FAQs. How well does the administration anticipate and address questions?
• The president is demonstrating compassion and courage, but of course, not everyone agrees with the decision. What are the counterarguments?

Sweetery's Harsh Response to a Bride

When a prospective customer decides not to pursue a contract, what's the best reaction? Certainly not how Sweetery responded, with a long, insulting email. Amanda De Pascale says she was considering offering the company's food truck to her wedding guests as a fun addition, but the $2500 quote was more than she wanted to spend. After she told the company her decision, she said she received multiple phone calls from them and then this email. She posted screenshots on her Facebook page.

You may want to skip some parts.

Amanda -

We have zero idea what type of warped sick games you are playing with us, but now it is time for us to have a say.

You are a despicable bottom feeding wretched disgrace of a person, who is as disgusting as they come.

How many times have we called you to follow up on the proposal that we expanded time and effort to produce based on your request and each and every time you cowardly hang up the phone on us when we identify who is calling, what an absolute low life twisted miserable individual you have to be [sic].

We also send you multiple emails that you don't have the decency to respond to, who do you think you are, because we are here to tell you that you are a weak, meager [sic] spineless empty sack low life piece of trash.

We work very hard to do right by client [sic] both existing and perspective and although rarely do we come across a pile of dog ____ like you, it is cowards like you that are not worth the gas that we pass. If you were not interested in our services that [sic] open your mousy measly trap and say so, but no not you, you would prefer to hang up on us countless time [sic] pretending that you cannot hear us to which we would normally say get a new phone but it is clear that you should get a life.

You are despicable and that is probably on your best day, on your worst day you are a complete waste of humanity, I know dogs when they lift their legs that have better manners than you do.

What kind of trash would ask a company to do work for them and then not have the decency and respect, or the respect for their own self, not to at the very least say. . . .

At right is a screenshot of the last part of his message.

At first, Sweetery's owner, whose name is listed on the bottom of the screenshots, Grant DiMille, told Fox News, "Yes, it came from a company computer, but it was not sent by myself or any member of management. It's a terrible offense, yes, but everyone makes mistakes."

Later, DiMille said he fired the employee who wrote the message, and he sent an apology to De Pascale: "It does deeply matter to us that you were offended by what was written to you. I know it will be difficult for you to believe this but our company's culture is not like what your experience has been, yet the experience that you encountered did happen."

Discussion:

• We hear only one side of the first part of the story. What, if any, justification could Sweetery have for the strong response?
• How well did DiMille respond? What could explain his name on the screenshots?
• How is this story a lesson in humility?

Pronouns Matter on Earnings Calls

A study by researchers at Tulane University found that CEOs who use "self-inclusive language" on earnings calls leave more positive impressions. Self-inclusive language means using first-person pronouns that include the speaker, and they can take singular or plural forms (for examples, "I", "we," "us," "my," "our").  When executives didn't use pronouns (for example, "Webtex's managers" or "Webtex management"), investors reacted less favorably to disclosures, whether positive or negative. The study  script is below.

In addition to the experimental study, the article includes results from text analysis of more than 50,000 earnings calls. Correlating language used in the calls with market reactions, the authors confirm results from the experiment.

A Wall Street Journal article quotes James Pennebaker, a professor of psychology at the University of Texas at Austin about the study: "The way I interpret it is that the manager's coming across as more human." Pennebaker is referring to authenticity, and that likely is part of the explanation. Another possibility is that executives sound more accountable, which might also cause investors to respond favorably. In the article, the authors also hypothesize:

"When news is positive, investors react more positively to managers' use of SIL
because they infer managers are more likely to have high ability. When news is negative,
investors also react more positively to managers' use of SIL as it appears that managers are more in control of the situation."

Image source.

Discussion:

• You just read a few interpretations of the study results. What do you think could explain the results?
• To what other types of messages could this research apply?

NBA Reinforces Rule: Stand for the Anthem

The NBA is speaking out about the controversy over whether players can "take a knee"-or kneel-during the national anthem, which NFL players have been criticized for doing. In a memo from deputy commissioner Mark Tatum, the message is loud and clear-but hidden towards the end:

"...players, coaches and trainers stand respectfully for the anthem. The league office will determine how to deal with any possible instance in which a player, coach or trainer does not stand for the anthem. (Teams do not have the discretion to waive this rule)."

Most of the memo avoids the issue entirely and instead encourages players to continue to be active within the community.

TO: NBA BOARD OF GOVERNORS, TEAM PRESIDENTS,GENERAL MANAGERS
FROM: MARK TATUM, DEPUTY COMMISSIONER &CHIEF OPERATING OFFICER
CC: LEAGUE OFFICE
DATE: SEPTEMBER 29, 2017
RE: NEXT STEPS: BUILDING STRONGER, SAFER COMMUNITIES

As a follow-up to our discussions at this week's Board of Governors meetings, this document outlines suggested steps each team could take as we prepare for the start of the season and continue to develop impactful community programs.

I. ENGAGING PLAYERS AND SENIOR LEADERSHIP

If you have not done so already, we suggest organizing discussions between players, coaches, general managers and ownership to hear the players' perspectives.

One approach would be for team leadership to review existing team and league initiatives and encourage players to share their thoughts and ideas about them. Following those conversations, teams could develop plans prior to the start of the regular season for initiatives that players and senior leadership could participate in, such as:

- Hosting Community Conversations with youth, parents, community leaders and law enforcement about the challenges we face and our shared responsibility to create positive change.

- Creating "Building Bridges Through Basketball" programs that use the game of basketball to bring people together and deepen important bonds of trust and respect between young people, mentors, community leaders, law enforcement and other first responders.

- Highlighting the importance of mentoring with the goal of adding 50,000 new mentors to support young people through our PSA campaign.

- Engaging thought leaders and partners. A variety of experts, speakers and partner organizations are available to players and teams as you continue these conversations and develop programming.

- Establishing new and/or enhancing ongoing team initiatives and partnerships in the areas of criminal justice reform, economic empowerment and civic engagement.

II. OPENING WEEK

As we approach opening week, each team could explore ways to use their first home game as an opportunity to demonstrate your commitment to the NBA's core values of equality, diversity, inclusion and serve as a unifying force in the community, including:

- A joint address to fans featuring a player or coach prior to the National Anthem. This could include a message of unity and how the team is committed to bringing the community together this season.

- A video tribute or PSA featuring players, community leaders, faith leaders and team leadership speaking about the issues they care about and photos from past community events.

III. KEY MESSAGES

- These are difficult and nuanced issues.

- We support and encourage players to express their views on matters that are important to them.

- The NBA has a rule that players, coaches and trainers stand respectfully for the anthem. The league office will determine how to deal with any possible instance in which a player, coach or trainer does not stand for the anthem. (Teams do not have the discretion to waive this rule).

- Our team's focus remains on unity and collective action that leads to meaningful change in society. The players have embraced their roles in those efforts and we are proud of the work they do in our communities.

- We believe sports are a unifier and this is an opportunity for the NBA to once again lead by its core values of equality, inclusion and unity and to bridge divides and bring people together.

In a video statement, NBA commissioner Adam Silver echoed Tatum's memo. Silver said he expected players to follow the league's rules of standing for the anthem. Although he encouraged freedom of expression, he also said, "It's my hope that our players will continue to use that as a moment of unity."

A writer for Yahoo sports argues that players should be able to take a knee. Part of his argument follows:

Let's be clear: Athletes are not possibly putting their careers at risk, opening themselves up to jeering fans in arenas and on social media, because they are anti-national anthem, anti-flag, anti-America, anti-military or any other "anti" that has been used to diffuse any honest discourse. That those arguments have distracted from the true purpose of this activism only goes to show why it is necessary. Change won't come if no one listens. It certainly won't come if a league that presents itself as progressive and forward-thinking discourages civil methods used to bring about awareness.

Image source.

Discussion:

• Analyze the NBA memo against principles of business writing. Who are the primary and secondary audiences? What are Tatum's objectives? How does he organize the memo?
• How well does the memo capture the league's perspective? How do you think players might have reacted? 
• Analyze Michael Lee's argument in the Yahoo article. What are his strongest and weakest arguments?

Netflix's Funny Cease-and-Desist Letter

Netflix got high marks for a funny legal letter, which I realize is typically an oxymoron. A pop-up bar in Chicago showed Stranger Things, which is against Netflix's policy. In response, the company's lawyer sent a cease-and-desist letter, giving the owners a generous six weeks before they need to stop playing episodes for customers.

This reminds me of the Jack Daniels letter in Chapter 5 of the book. Both show lawyers as human beings.

Discussion:

• What's the value of a more conversational legal letter? What are the downsides?
• The letter isn't perfect. Try to find the punctuation error.
• What makes this letter authentic?