Category: Communication Media & Internet

To Win at Legal Marketing, Know Who Is On The Other Side of the Ball

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Yesterday was Super Bowl Sunday!  You know, I believe that legal marketing is as competitive as any sport.  A well-prepared coach will know the facts about his opponent.  A well-prepared trial attorney will not only study their case, but also their opponent.

Marketing your law firm consists of quite a bit of information gathering; learning about top competitors is one of the first steps.

Below is a list of ideas you can use to become acquainted with your competitors to gain an important edge in your legal marketing efforts:

  • Review and analyze their website and social media profiles. You will be surprised what a law firm will reveal on their website and social networks.  Be sure to look up their individual attorneys on LinkedIn and other social networks.
  • Enlist a friend’s help to interview their associates as a potential client. Be prepared with a list of questions before they place the actual call. Choose questions that will reveal important data about the competition. A simple telephone call can produce a wealth of information about the competition’s law firm marketing techniques.
  • Ask them to mail you some information about their law firm. The type of legal marketing material they send out will speak volumes about who they are and how they conduct business.
  • Sign-up for their e-newsletter (using your personal email address, of course). 
  • Use Google to further bolster your law marketing strategic planning. Type in the keywords and phrases someone would use to find your practice area. For example, “LA personal injury lawyer” or “Real Estate Attorney Chicago” or “Estate Planning Lawyer in Manhattan”.  Study the top 10 websites that come up. These are your most aggressive online competitors because they didn’t get there by mistake.
  • Search to see how ‘visible’ they are.  Create a Google Alert for each of your competitors so you can receive news feeds about them as they happen.

Don’t be afraid to ask questions and to investigate as much as possible. Your successful competitors are no doubt learning about you too if they are using the best legal marketing techniques.

Article by:

Stephen Fairley

Of:

The Rainmaker Institute

Legal Intake Software to Track Return on Investment

Correct Consults Logo

 

Your online marketing campaign is live: the website is up and running, you are ranking well in Google and Social Media is generating buzz around your law firm. You invested well, your phone is ringing, and clients are being signed. But are you tracking which sources are bringing the most revenue and which sources are biting off disproportionate chunks of your budget?

An efficient solution that can take the burden off of you and offer more precision is the use of Intake, or Customer Relationship Management (CRM), software.

Intake software comes in a variety of forms, shapes and sizes – for solo practitioners and for national full service firms – some of which are highly customizable and others that are template-based. Some are made solely to keep track of user information in a database. Some can help set your workflow by assigning leads and scheduling follow ups. And some allow you to assess your marketing strategies by providing Return on Investment (ROI) reports.

Return on Investment is a metric that allows you to compare investments, to see which bring in the biggest returns and which see the biggest losses. For law firms, the best ROI indicators are cost-per-lead or better yet, cost-per-case. Your firm will need to set your own goals and determine which metric is most important to you.

To track ROI you will need to know where each lead originates, how much your firm is spending on that source and whether the lead ultimately converts. The best Intake Software to track ROI should:

  • integrate seamlessly with your intake channels, like quick contact forms and phone calls from multiple sources. (This charting is especially possible when you set up dynamic call tracking.)
  • show the breakdown of leads by specific practice area so you can accurately evaluate your efforts.
  • provide frequent reports to track changes over time or evaluate specific campaigns.
  • be flexible without being cumbersome. Some solutions can be too cookie-cutter and may not fit the individual needs of your firm. Similarly, some intake software can be so difficult to customize and so powerful that it may not be the most cost – and time – effective solution for your firm.

The bottom line is to know what is making you money and what is costing you money. Don’t let your intake process damage your bottom line.

Bearing these criteria in mind, we have reviewed several leading intake software solutions for your firm to consider.

Avvo Ignite

Avvo Ignite
Ideal for any firm size.
Ideal for firms practicing any area of law.
Starts at $199 a month.

Features:

  • Avvo Ignite allows users to set up all tracking numbers and creates a dynamic call-tracking system by providing a code that can be integrated into your website, in online ads and in other marketing avenues. (The only source that might need manual entering is referrals.) This tracking enables attorneys to automatically know where every lead comes from, eliminating the repeated question to potential clients, “How did you hear about us?”
  • The initial setup of Avvo Ignite is quick and easy. The number of marketing sources you want to track, the number of practice areas and the number of attorneys in your firm will determine how much customization is needed beyond initial implementation. An Avvo Ignite product specialist will provide support throughout the entire process.
  • As soon as a lead comes into your firm, it will appear on the Ignite lead management dashboard. From there, leads can be automatically assigned to specific attorneys in the firm. The dashboard is shared by everyone in the firm, ensuring the team can track and manage the progress of all new business prospects from first contact to close.

Avvo Ignite

  • Notifications of new leads can also be delivered directly to your mobile device to ensure that you don’t miss a lead even when you are out of the office.
  • Avvo Ignite has a page built specifically for the ROI Reports. There is a screen to set monthly marketing expenses by source and a report that will compare expenditures over time with the number of leads converted to display cost-per-case for each source.

Avvo Ignite Source ROI

  • Avvo Ignite also features drip email campaign capabilities, and users are able to set the timeline of automatic actions. For example, upon receiving a new inquiry, you can schedule an email to be sent that says “Thank you for reaching out to us.” If the status of a lead is changed to “pending” on day 3 and the person was injured in an MVA accident, you can send an email saying that you are still working on the MVA case and provide additional information. If, say, by day 10 the lead’s status still hasn’t been changed to “client”, you can send an email saying that you are still interested in working with the case.
  • Track how “hot” a prospective client is by assigning 1, 2 or 3 stars based on how interested, willing to pay, urgent, or timely the lead is.
  • Additionally, Avvo Ignite provides custom intake forms that can be built for specific firms and practice areas. They also supply budget requests and online document signatures through secure partner sites that report whether the payment requests or documents were sent, viewed and paid or signed.

Captora Case Intake Software

Captorra
Ideal for any firm size.
Ideal for personal injury and mass tort firms.
Starts at $200 per month.

Features:

  • Tracks which phone numbers are assigned to which leads through a dynamic tracking system, or the origin of the source on the Web if a contact form was used.  For contact forms, Captorra uploads the analytics data that is available from the Web: which search engine the prospective client came from, which keywords they used, and so on. (Note: Keyword data is not available in Google, except via AdWords.)
  • Captorra has several screens for reporting. The Dashboard features a snapshot of the most important information in one place. The Marketing Dashboards provide ROI information for each marketing source.  Management dashboards provide the tracking of individual intake specialist performance in converting leads into signed cases.

Captora Dashboard

  • A dynamic and clickable marketing report allows users to funnel down to the specific lead source and practice area.
  • Through a workflow component, Captorra allows you to schedule your day through features such as scheduling follow-ups and automated email follow-ups that will automatically pull information from the intake database.
  • Captorra supplies pre-made and custom intake forms. Smaller firms may want to use pre-made forms for the most used practice areas to skip customization. More specific intake processes will require that the additional questions be added. Already, Captorra has compiled 300 pre-made questions after one-and-a-half years on the market.
  • The software drives the process of questioning by bringing up relevant questions based on previous answers. For example, if your staff is performing intake for a slip-and-fall case and when asked “Was there a sign?” the client answers “No”, the software may bring up questions about the shoes the client was wearing and other relevant questions.

Captorra Intake

  • Captorra also provides an investigator management and referral (inbound and outbound) tracking system.
  • Captorra will integrate with your firm’s current Case Management System.
  • On a personal note, we found Captorra’s customer service exceptional and very prompt!

Captorra and Avvo Ignite were both designed specifically to address the question of what happens after a wave of prospective clients is delivered to the lawyer – both in terms of the automatic intake process and tracking vital analytical information for your marketing reports.

Microsoft Dynamics xRM4Legal

xRM4Legal
Ideal for a larger firm.
Ideal for firms practicing any area of law, especially firms representing businesses.
Cloud-hosted service is $678 per month for 10 users.
Firm-wide service is a one-time cost of $43,900 for up to 100 users.

Features:

  • Backed by Microsoft Corporation, this CRM was created exclusively with law firms in mind.
  • This software comes with the ability to install Microsoft Dynamics CRM 2013 for Outlook. CRM for Outlook enables access to your CRM data through Microsoft Outlook. There is also an Apple app available to use the CRM on your Mac products.
  • All customer information is stored on one screen; this CRM does not require users to flip between screens, but rather to tap various fields on one entry screen for complete details.

Microsoft Dynamics, CRM

  • Use organization records to keep track of commercial clients.
  • The records are especially detailed, allowing you to chart details down to office visits.
  • A click- or tap-to-connect feature easily allows you to email, make an appointment, or set a tactic (action item) with your clients.
  • Methodically chart a contact’s progress as your relationship with them grows through the business development pipeline. The pipeline indicates which opportunities the firm has in various stages: qualify, develop, propose, and close.

Microsoft dynamic CRM

  • Navigate the system “by role”, which separates the CRM into various divisions – sales, service, marketing, and so on – allowing each member of your firm to access information relevant to their needs.
  • Easily return to the project you were last working on from the top navigation board.
  • This CRM charts which user entered the last information, providing record-keeping checks.
  • List view of current cases, displaying the work performed by each attorney in your practice. This cases list is helpfully broken down in various ways: cases by origin, case by partner, law type and client, and resolved case satisfaction.
  • xRM4Legal also provides a thorough software demonstration that we found to be very helpful. The demo allows users to explore all of the software’s functionality.

Marketing For Attorneys; The Right Way To Do It

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When it comes to marketing, if an attorney does it at all, they’re usually doing it wrong. Most attorneys focus on getting the clients who are ready to sign a contract. Of course, it’s a logical practice. Why would you want to talk to people who don’t currently need a lawyer? It sounds like a waste of time, but it’s actually one of the best uses of your time.

Let me explain; When someone already knows they want a lawyer, they’re already sorting through all of the lawyers in the area. You’re just another face in the crowd and it’s easy to get lost in a sea of promises.

“We want to help you.”
“Money for your pain.”
“You don’t pay us until they pay you.”

Even if you’re more qualified for the job, you know and I know that doesn’t ever guarantee that you will get the case. What you need to do is make an effort to stand out. How do you stand out? By doing something different.

Marketing to the people who are in phase one of the process (someone who has just gotten into an accident or someone who is simply considering filing for bankruptcy) will give you an advantage.

As an example, think of when you’re awake late at night and you’re not really hungry but then a commercial for a local restaurant comes on and suddenly, you’re craving their special.

If you talk to people before they even know they need a lawyer, you’re at the front of their minds when they come to the decision that they do need one.

There are many simple ways to make sure those people know your name before anyone elses and one of those ways is to produce videos.
A lot of attorneys won’t put forth the effort that it takes to make this kind of marketing strategy work. If you really think about it, that’s a great thing.

If you are willing to put in the effort, you are one of the very few who has this specific marketing technique and – when done correctly – it can bring in high volumes of potential cases.

Article by:

Ben Glass

Of:

Great Legal Marketing, Inc.

California Continues to Shape Privacy Standards: Song-Beverly Act Extended to Email Addresses

Womble Carlyle

 

Executive Summary: California retailer restricted from requiring a customer email address as part of a credit card transaction. We knew that asking for zip codes is intrusive personal questioning, and now asking for email has been added to the list.

California’s Song-Beverly Credit Card Act (Cal. Civ. Code Sec. 1747 et seq.) (“Song-Beverly Act” or “Act”) restricts businesses from requesting, or requiring, as a condition to accepting credit card payments that the card holder provide “personal identification information” that is written or recorded on the credit card transaction form or otherwise. “Personal identification information” means “information concerning the cardholder,other than information set forth on the credit card, and including, but not limited to, the card holder’s address and telephone number.” The California Supreme Court has previously ruled that zip codes are also “personal identification information” under the Song-Beverly Act. See Pineda (Jessica) v. Williams-Sonoma Stores, Inc., 2011 Cal. LEXIS 1502 (Cal. Feb. 10, 2011).

Recently, a United States federal district court in California expanded “personal identification information” to include email addresses in a decision denying retailer Nordstrom’s motion to dismiss claims it violated the Song-Beverly Act. The plaintiff sued Nordstrom for collecting his email address as part of a credit card transaction at one of its California stores in order to email him a receipt, then subsequently using his email address to send him frequent, unsolicited marketing emails. See Capp v. Nordstrom, Inc., 2013 U.S. Dist. LEXIS 151867, 2013 WL 5739102 (E.D. Cal. Oct. 21, 2013).

Raising a case of first impression under California law, Nordstrom claimed that email addresses are not “personal identification information” under the Song-Beverly Act, so the Act did not apply. The court disagreed with Nordstrom and found the opposite based on the California Supreme Court’s earlier ruling in Pineda. Nordstrom’s argument that email addresses can readily be changed, unlike zip codes, and consumers can have multiple email addresses was not persuasive. The court held that an email address regards a card holder in a more personal and specific way than a zip code. Unlike a zip code that refers to the general area where a card holder works or lives, email permits direct contact with the consumer and implicates their privacy interests. The court concluded that the collection of email addresses is contrary to the Song-Beverly Act’s purpose to guard against misuse of personal information for marketing purposes. In particular, the plaintiff’s allegation that his email address was collected to send him a receipt and then used to send him promotional emails directly implicates the protective purposes of the Act as interpreted in Pineda.

Pineda held that zip codes are personal information for purposes of the Song-Beverly Act, and therefore a brick and mortar retailer violated the Act when it requested and recorded such data. In the Pineda decision, the California Supreme Court found that zip codes, like the card holder’s address expressly called out as “personal identification information” under the Act, were unnecessary to completing the credit card transaction and inconsistent with the protective purpose of the Act. This is especially true when a zip code is collected to be used with the card holder’s name in order to locate the card holder’s address, permitting a retailer to locate indirectly what it is prohibited from obtaining directly under the Act.

Nordstrom also argued that the plaintiff’s claims under the Song-Beverly Act were preempted by the federal “Controlling the Assault of Non-Solicited Pornography and Marketing Act” (better known as the CAN-SPAM Act), but the court disagreed. While the CAN-SPAM Act contains a preemption provision, it only preempts state laws that regulate the manner in which email messages are sent and their content, both of which are not regulated under the Song-Beverly Act.

Retailer tip: The federal court issuing this most recent decision recommends waiting to request an email address (or a zip code) until after the consumer has the receipt from their credit card transaction in hand, and then sending the consumer emails only in conformance with the CAN-SPAM Act.

In the wake of Pineda, retailers faced class action lawsuits for requesting consumer zip codes at check out. This new decision could have a similar effect.

Article by:

Of:

Womble Carlyle Sandridge & Rice, PLLC

Online Legal Marketing Guidelines for 2014

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Lawyers who are exceptionally good at the business of law understand that it is their reputation that is the engine of business development. This is not a novel concept. Provide exceptional representation and client service, people speak highly of you and more people hire you.

In 2014, while this general formula remains largely unchanged, the means by which lawyers can impress clients and the ways in which people communicate the value of a lawyer’s service has evolved significantly. And much of this evolution can be attributed to the internet and related online technologies.

Unfortunately, in adopting online legal marketing strategies and techniques, many lawyers have lost sight of the value of a strong professional reputation built on relationships. Ironically, as social networks and search technologies mature, it will be reputations and relationships that matter most online. Here are some guidelines to help you shape your online legal marketing campaigns.

Set Goals

If you take anything with you from this article, take this: Set specific, tangible and achievable goals for your online legal marketing activities. But not just any goals, goals that have meaning to the business of your law practice. Some examples might be:

  • Increase the number of clients you can source to organic search traffic.
  • Increase the percentage of visitors to your website or blog that complete an objective that will help you earn more meaningful attention.
  • Increase the instances of professional, or where permissible, client endorsements of your services online.

Make these goals specific and realistic. Use real numbers. Create systems to measure and analyze your progress. If you’re working with vendors or consultants, hold them to meeting these goals. Do more of what’s working for you and less of what’s not.

Update Your Online Assets

People expect to be able to find information about you online. And what they find is likely to have more of an impact upon their impression of your than you probably think.

While your website might not get you hired or fired on its own (based on what I’ve seen in the wild, this is becoming more probable), it is sure to contribute to the visitor’s perception of you and your practice.

Web technologies are rapidly evolving. Much of what was state-of-the-art online only a few years ago, is obsolete today. Outdated online assets can be a significant liability to business development. Do you walk into new client meetings with apparel, accessories and technologies from 1950 (perhaps a bad choice of year for some of you)? What message would that send to your potential client? The same is true for your online assets. In 2014, your web assets must:

  • Be built on technologically sound search engine-friendly architectures.
  • Load very quickly (in around a second)
  • Have designs that contribute to the user’s experience and are easy to read, use and interact with on a variety of devices (desktops, tablets and smartphones, responsive design).
  • Resonate with the problems, challenges and issues of your target audience.
  • Demonstrate why you are uniquely positioned to help them solve these problems.
  • Motivate online engagement in the form of comments, subscribers, links, social endorsements and shares.

You probably won’t know when your online assets cost you a new client. It’s unlikely that prospective clients will call or email you to tell you that your site is a joke (although they might if you provide them an avenue for feedback). But if you are getting visitors who don’t engage your pages, bounce off of them, or quickly exit, you might ask yourself whether it has anything to do with the quality of your online assets.

From Self-Promotional to Useful

In case you haven’t noticed, there’s a lot of noise online. Most of it is made by people and businesses talking about how great they are. And the legal profession is no exception. Visit any ten law firm websites, blogs or Facebook pages and you’ll be exhausted by all the “look at me” marketing.

Now put yourself in the position of someone who is looking for information about a legal issue or looking for more information about a specific lawyer. Do you really think they’re persuaded by that pop-up video of a lawyer talking about how much experience they have and how hard they fight? They’re not impressed. And they’re certainly not going to share that cheesy marketing with their friends (unless, of course, it’s in jest).

Instead of building a web presence that feels like a television commercial, focus your efforts on the “stuff” that enhances your professional reputation and helps to create, nurture and solidify relationships. Ask yourself:

  • Who is my target audience online? What makes these people tick?
  • What are they looking for online and what do they like to do?
  • What are they passionate about? What are they afraid of?
  • How can I supply their demand for information in a way that demonstrates my knowledge, skill and experience in addressing their issues?

The internet doesn’t need another article about what to do after a car accident. What it does need is real leadership from people who know what they’re talking about and can be trusted. And it is this approach to online legal marketing that impresses clients, earns meaningful attention, motivates action and earns new clients. Just like it did before there was an internet.

Article by:

Gyi Tsakalakis

Of:

AttorneySync

The New gTLD Program: Latest Updates on Brand Protection and the Trademark Clearinghouse


Katten Muchin

The most significant development in the Internet space in recent years is the ongoing generic top-level domain (gTLD) expansion. (As a reminder, a TLD is what appears to the right of the “dot” in a domain name (i.e., .COM, .ORG, .GOV).) The Internet Corporation for Assigned Names and Numbers (ICANN) has embarked on an aggressive plan to expand the Internet from just 23 gTLDs to more than a thousand gTLDs, culminating in an application process in 2012 that allowed any organization with an interest in running a registry to apply for a new gTLD, provided it could meet the designated technical, operational and financial criteria. After this lengthy application and vetting process, ICANN has now delegated the first 44 gTLDs, with additional gTLDs launching each week. Over the next couple of years ICANN expects to delegate nearly 1,400 new gTLDs – including .CLOTHING, .COMPANY, .EDUCATION, .GURU, .HOSPITAL, .INC, .INVESTMENTS, .LAND, .MENU, .MOVIE, .NEWS, .PHOTOS, .SCIENCE, .SPORTS and .WEBSITE.

ICANN’s new gTLD program presents an opportunity for brand owners to utilize the Internet in ways not previously possible, but also raises new enforcement challenges for brand owners. For the first time ever, brand owners can register their trademarks on domain registries tailored to their target industries. On the other hand, brand owners may also be required to monitor 1,400 additional registries to prevent misuse and abuse of their trademarks. With that in mind, in order to ensure that trademark and brand owners’ rights are protected as the Internet expands, ICANN has devised a Trademark Clearinghouse (TMCH), one of the key new gTLD enforcement tools for brand owners, which now serves as a repository for information regarding trademark rights.

A very important step in developing a TMCH strategy is understanding the benefits of participating in the TMCH. The TMCH offers brand owners two separate services for protecting their brands online:

  • Participation in the Sunrise Period. The Sunrise Period is an initial period of at least 30 days before domain names are offered to the general public. Companies that participate in the TMCH have priority in registering domain names that match their trademarks on any of the new gTLDs to protect them from cybersquatting or to actively use them for strategic business and marketing purposes.
    • To take advantage of the Sunrise Period, brand owners can enter registered trademarks for which they can provide proof of use of the mark.
    • For example, by entering KATTEN MUCHIN ROSENMAN in the TMCH for .LAW, our firm can later register the domain namewww.kattenmuchinrosenman.law to prevent a third party from obtaining that domain name. Alternatively, the firm may choose to redirect its current website to the new domain name and drop the .COM altogether.
    • Opting not to participate in the Sunrise Period does not preclude brand owners from registering domain names matching their trademarks on the new gTLDs. However, once the Sunrise Period expires, brand owners will be competing with the general public on a first-come, first-served basis.
  • Trademark Claims Service. This is a mandatory service that must be available for at least 90 days during the initial launch of a new gTLD (some registries are opting for longer periods). When attempting to register a domain name, the potential registrant receives a warning notice that the domain name exactly matches a verified trademark record in the TMCH. If a potentially infringing domain name registration proceeds, the trademark owner is notified, and the owner can take appropriate action.
    • To take advantage of the Trademark Claims Service, companies can enter registered trademarks in the TMCH (proof of use not required) and be notified of up to 50 domain labels that were found to be abusive by a court under the Anti-Cybersquatting Consumer Protection Act (ACPA) or under the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
    • For example, by entering KATTEN MUCHIN ROSENMAN in the TMCH for Claims Service, our firm would receive a notification upon the registration of the domain name www.kattenmuchinrosenman.fail. The firm can take immediate action against the domain name registrant, and transfer or suspend the infringing domain.
    • Deloitte, ICANN’s TMCH provider, recently announced plans for a free Extended Claims Service wherein the TMCH will offer notification to trademark owners of marks listed in the TMCH of domain names registered in any of the new gTLDs that match their marks or abused labels for an indefinite time period after each new gTLD registry’s Claims Period. Brand owners must opt-in for the service.
    • However, unlike the standard mandatory Claims Service, the Extended Claims Service will not provide a warning notice to prospective domain name registrants that an applied-for domain name matches marks listed in the TMCH or their abused labels prior to their registration, thus providing less deterrent effect than the Trademark Claims Service.

There is no deadline to enter marks into the TMCH. However, as of January 3, 2014, ICANN has already launched 44 new gTLDs, and it is anticipated that ICANN will continue to announce the start-up information for additional TLDs on a weekly basis until all 1,400 new gTLDs are delegated. As such, it is recommended to submit your trademarks as soon as possible to allow sufficient time for processing and to avoid missing out on Sunrise registration opportunities.

Article by:

Of:
Katten Muchin Rosenman LLP

Fashion Documentaries: A Fashion Do

Sheppard Mullin 2012

 

Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction.  Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and Valentino, as well as some fixtures in fashion like Anna Wintour and Diana Vreeland, have allowed cameras to capture their exclusive world of fashion through their respective documentaries.  More recently, James Franco, the former face of Gucci, steered his production company toward a collaboration with Gucci’s creative director Frida Giannini, creating the documentary entitled “The Director: An Evolution in Three Acts.”  The film, which debuted last spring at the Tribeca Film Festival, documented how a Gucci collection comes together.  Even retailers are following suit, with documentaries such as director Matthew Miele’s “Scatter My Ashes at Bergdorf Goodman,” which features the history of New York’s famous luxury department store, making their way to audiences.

While fashion documentaries have yet to garner the same level of commercial appeal as the level attained by certain political and/or topical documentaries, the fashion industry’s elite players seem eager and willing to demystify their creative process on-screen.  The value, while not necessarily directly realized through documentary distribution proceeds, may indirectly be realized through marketing.  In the same vein as fashion film shorts, full-length fashion documentaries blur the line between film and advertisement for the brands upon which the films are based.  (See Victoria Lee and Ted Max, Fashion Film Art Movement, Fashion and Apparel Law Blog, June 14, 2012).

Yet tension may exist between the desire of fashion houses and designers to promote their brands in a particular light, and documentary filmmakers’ desire to capture the provocative truth, whether positive or negative.  Even when the filmmaker has a vested interest in the brand’s success, it may have a particular point of view which is not in line with the brand’s marketing goals.  Therefore, when contemplating whether to pull back the curtain for the cameras, it’s important for a fashion brand to consider all the potential issues which may arise from the release of a fashion documentary featuring the brand and to preemptively address these potential issues during contract negotiations with the filmmaker involved with the project.

Certain contractual limitations on the filmmaker, such as those affecting access granted to production crews and approvals and controls over aspects of the documentary’s development and production, may be negotiated as precautionary measures for the brand to ensure the documentary serves its purpose as a marketing tool.  As “Bergdorf’s” director, Matthew Miele noted in a press release, while his film could come across as overly promotional, he noted that he retained control over its contents, working closely with Bergdorf Goodman during the post-production and editing process.

Based on the flurry of fashion documentaries slated to be released this year, including films profiling Stanley Marcus of Neiman Marcus, New York fashion icon Iris Apfel, and Miele’s look at Tiffany & Company, fashion documentaries appear to continue to serve a valuable marketing purpose.  No doubt with the right filmmakers attached to a fashion documentary project, a fashion brand can use the finished product to increase its presence as global powerhouse, both on- and off-screen.

Article by:

Fashion and Apparel Team

Of:

Sheppard, Mullin, Richter & Hampton LLP

How To Obtain Local Ranking For Cities Where Your Law Firm Does Not Have An Office

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If  you do not have physical presence in a specific city then it is unlikely that you will be able to obtain local map rankings within that city. If you are targeting a small neighboring city there is a greater chance that you can work your website optimization and business listing optimization to get your business listed in the local rankings. In our experience, we have seen businesses achieve such local rankings, but this typically happens when city populations are under 60K, within a 20-mile radius, or without strong law firm competitors.

If you are in a larger city like New York and are trying to target small neighboring cities, it is much harder to rank locally due to the large amount of competition and distance from the center of the main business cluster for your industry. That center is one of the top 10 foundational ranking factors as seen in the image from the 2013 Local Search Ranking Factors from Moz. However, for local businesses that want to rank for local cities there is a viable option.

Ranking in Cities Where You Do Not Have an Office

The strategy is to build a page on your law firm website and dedicate it to the city. You want to have your title tag, meta description, your page content and page headings contain the term or terms for want to rank for . If you are pursuing personal injury lawyer rankings for Cary, North Carolina, you would set your title to have Cary personal injury lawyer in it, and the same goes  for the rest of the previously mentioned locations. Do not stuff that keyword on the page multiple times in any one tag or area. Having that term once in the title, once in the description, once in a header tag, once in the description for the page content and in the content of the page two or three times is sufficient. Also consider incorporating the keyword into an image so the image file name mirrors the image Alt Tag. These are the basic foundations for your city-specific page.

What Content Should I Use On A Local Page?

You want to incorporate your business and the community into the content on that location page. Post pictures of client meetings, testimonials or case results that you have achieved in that city. If you have been in the local media for community service or cases you have worked, link to those sources. If you sponsor a school activity or are a member of a charity or non profit in that community, briefly mention the connection and link out. When you link out, make sure the links are going to relevant and related sites to your business and the location. Linking out to a legal nonprofit in that city that you are a member of or support is a great example, or even the city hall since that organization would have a physical location. These practices all tie in the location and make the page stronger for ranking in that location. Another good thing to do is link internally to your site. If you are trying to rank for Cary personal injury lawyer, then in the content on that local page you should link the words personal injury over to your main personal injury page. Also provide a link to your nearest office location – a link to your contact page or that office page which will have details such as hours of operation and directions.

Since your local page is basically a landing page where you will be driving potential clients, include a call to action. Try a form that they will fill out for more information or a phone number they can click on to call you, this way you are driving visitors to your physical office.

How To Build Links To A Local Page

The next important step, and often the hardest currently, is to build links back to this local page. One way to build links is to link from within your site to the location page. Examples of this are having phrases like “Cities we serve” or “Communities we help” on the page, then listing those locations and linking over to the specific local page. The next, and easiest, links to generate are to contact the organizations you are associated with for links. If you are part of the local chamber, you should already have a link from that location. If you sponsor a local kid’s sports team or another school related activity, see what it would take to get a link over to that page. The same goes for other non profits and any other association you are part of. Make sure you work with the organization to get a link to your location page.

The harder links to get are the ones that require considerable outreach and development. This is one reason many firms hire an agency to work out a strategy for obtaining these type of links. To obtain links from sites you are not connected to, but feel may be a relevant resource to, like a prominent legal blog, you have to organically build that relationship. Then, you have to offer to write high quality and attention-getting content so it will drive potential clients to your website from that website. Another wonderful technique is to leverage events. If you host or sponsor any local events then you have great opportunity to obtain local links and citations from those events.

Gone are the days that you could write quick, simple articles and post them anywhere. With all the Google updates in 2013 link outreach has taken a 360 and requires much more effort and skill to build a quality page and obtain quality links.

How To Use Social Media For Local Optimization

Finally, consider social media. While it may not directly help rank your page, it will increase your exposure and “signals” that Google monitors.  Consider participating in discussions and groups that are in the location you want to build visibility. Post content to these groups and genuinely contribute to discussions. This can help raise your recognition in that community. If there are no groups or discussions going on, consider starting them yourself if you have the time. Post quality content that is shareable. Particularly, shared posts on Google can rank quickly if done properly and tied to Google Authorship.

While you will not be able to get a map pin for a city you are not located in, you can take these actions to optimize a location page for that particular city and work on ranking it organically. This is the next best thing if you have no physical location. If you think you can pull enough clients from a specific city or if you were able to rank there, then you can consider opening a location there. Both are large undertakings. Creating a strategic local page is more simple and less costly, but getting those rankings without the local physical presence does make things difficult and can take considerable time.  This must be taken into consideration.

Article by:

Grant Brott

Of:

Consultwebs.com, Inc.

Employee’s Complaint About Union Officials Watching Porn is Deemed “Human Imperfection” But Not Grounds for Retaliation

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A union employee was suspended then terminated after being indicted – as part of an identity theft investigation by the prosecutor – which involved the public posting of names, salaries and Social Security numbers of the company’s managers during a previous strike. During her suspension, the employee claimed that she witnessed the union president and vice president looking at pornography during business hours, which she then reported to the union’s regional leaders. The employee also alleged that the union sabotaged her post-termination grievance process.

As a result, the employee sued the union under section 101 of the Labor-Management Reporting and Disclosure Act, alleging that she was retaliated against for raising a matter of union concern relating to the general interest of its members (i.e., her complaint about union officials watching porn during business hours). The Fourth Circuit found that the employee’s complaint did not rise to the level needed to meet the test and added that “human imperfection must be kept in some perspective.”

On Monday, the United States Supreme Court denied the employee’s bid for certiorari. (see Melissa H. Trail v. Local 2850 United Defense Workers of America et al., case number 13-332).

Article by:

Adam L. Bartrom

Of:

Barnes & Thornburg LLP

Registering Your Trademark with the Trademark Clearinghouse – Is Your House in Order?

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“It’s happening – the biggest change to the Internet since its inception” is how the president of ICANN’s Generic Domains Division has described the new gTLD Program being implemented by The Internet Corporation for Assigned Names and Numbers (ICANN), and rightfully so. The new program will result in the expansion of available generic Top-Level Domains (gTLDs), such as .COM, .NET or .ORG, from the list of 22 that we’ve all become familiar with through the years, to a list of possibly 1,400 generic Top-Level Domains.

On October 23, 2013, the first new gTLDs were “delegated”. This means they were introduced into the Internet’s “Root Zone”, the central authoritative database for the Internet. As a result, the domain name Registries, the organizations approved to operate these and other soon-to-be-delegated gTLDs, can execute the final processes required to make their domain names available to Internet users. ICANN claims that the purpose of this unprecedented expansion of domain name extensions is to enhance competition, innovation and choice in the Domain Name space, providing a wider variety of organizations, communities and brands new ways to communicate with their audiences. As available real estate in the “.com” territory has become increasingly scarce, it is hoped that the new gTLDs will provide additional space for entities and individuals to set up an online presence. While it is true that virtually every two or three letter combination seems to have already been registered in the “.com” Top-Level Domain, this explosion of new generic top-level domains also means big bucks for domain name registrars and additional costs for trademark owners who properly protect their marks.

While 4 new gTLDs were delegated in October, the delegation has been a rolling process, with new generic Top-Level Domains being released in November, December and January. Below are just a few of some the gTLDs that have successfully completed the process. The list will continue to be expanded as the measured rollout of the new gTLDs progresses over the coming years:

.equipment

.kitchen

.diamonds

.bike

.shoes

.technology

.enterprises

.gallery

.education

.graphics

.ceo

.ventures

As the new gTLD program is rolled out, many trademark owners are wisely looking for ways to protect their brands from being registered by third parties as domain names in the new gTLD space without their knowledge or consent. In view of the rapidly changing gTLD landscape, owners need to be aware of how to protect their marks, sooner rather than later.

What Does All This Mean for Brand Owners?

Over the past year, there has been significant discussion and concern in the legal community regarding the potential for trademark infringement by third parties seeking to register domain names that incorporate the brands of others under these newly released gTLDs.

In light of the potential for infringement, ICANN has established certain mechanisms for the new gTLD program in order to try and protect the rights of brand owners. The main tool for doing so is the Trademark Clearinghouse (TMCH), an entity created by ICANN with which trademark owners can register their marks in advance of the new gTLD launches.

Brand owners who register their trademarks with the TMCH can take advantage of a priority, or “sunrise”, period during which they are entitled to register domain names that are identical to their marks, before registration opens to the general public. In addition, the TMCH provides the brand owner with automatic notification of any third-party attempts to register domain names that are identical to their marks, enabling the mark owner to then take appropriate legal action. To be clear, this mechanism does not stop third-parties from registering domain names identical to marks registered with the TMCH, but does notify the brand owner, or its representative, of such registration. These devices provide brand owners with help against cyber squatters seeking to register infringing domain names under the new gTLDs.

Registration of a trademark with the TMCH is available for registered trademarks, marks protected by statute or treaty, or court-validated marks. Registration is also available for any other marks protectable under the new gTLD registry’s policies and that meet the eligibility requirements of the TMCH. Registration with the TMCH is encouraged for brand owners in order to combat infringement of their brands in cyberspace and registration costs currently are $150 per mark for a one-year term of registration, $435 for a three-year term, and $725 for a five-year term. Such registration with the TMCH does not include fees that will be charged by the new gTLD registrars to register domain names during the “sunrise” or general public registration periods.

The biggest change to the Internet since its inception is happening now…make sure your marks are protected!

Article by:

Nicole M. Meyer

Of:

Dickinson Wright PLLC