Category: Communication Media & Internet

Who’s Afraid of Website Data Migration?

Great Jakes-logo

Does the phrase “data migration” send chills up your spine? Would the fear of moving content from your old website to a new one hold you back from pulling the trigger on a website project?

If you nodded “yes” to either of those questions, you’re not alone.

The topic of data migration can be scary for marketers. Simply put, trained communicators are not database jockeys, and the prospect of ones and zeros flying back and forth can cause discomfort. But comfort level aside, should the fear of data migration warrant the keeping of a crummy website?

What can go wrong?

Everything, right?! There’s a chance that data could get lost, or content could end up in the wrong places, causing countless hours of aggravation for the marketing department…

Or not.

Professionals who do this all the time are well practiced in the art of handling the various challenges associated with data migration. But how can marketers be assured that their migration won’t go awry

How to do data migration

Data migration is not rocket science – or magic. At its simplest, it can be summed up as matching database fields from the old website, with the new. The actual act of migrating data (also called “data mapping”) can vary in its level of difficulty, depending on the condition, structure and size of the firm’s current website database. But irrespective of how old your website is or how it was built, the basic steps involved are the same.

Here’s a simplified version of the process that we use at Great Jakes:

  1. Analysis: The first step involves requesting a “data dump” of all the text content of the website and of the headers for each data table. We analyze the data to determine how much of the migration can be automated.

    We also investigate whether it would be more practical and/or cost efficient to not automate the migration and instead configure a “data-entry” website to have the data manually moved from the old website into the new. It’s not as hard as it sounds, and it’s not unusual that we end up recommending a combination of automated data-migration and “data-entry” website methods. It all depends on how the old website’s data are formatted.

  2. Transfer setup: The next step involves planning the “field-mapping” – writing the appropriate scripts necessary to move the data into the proper fields of the new website.
  3. Migration: A month prior to delivering a finished website, we migrate the data from the old website to the new, using data from a second data dump that contains all of the most current content (text, photos, PDFs, videos, presentations, audio files, etc.).
  4. Testing: Finally, we rigorously review the data migration results to ensure that everything moved as planned.

Better the devil you know – right?

While the steps outlined are straightforward, data migration is a time-consuming but doable process. Consequently, larger websites with more data will require more time to analyze, set up, migrate and then test.

So, the best way to ensure that everything goes smoothly is to take a peek under the hood. Have a pro examine your existing website. They might find some issues, like embedded tables or miscellaneous image files tucked in strange places. You’ll probably need to make some decisions about how to migrate these items. But most likely, they’ll probably find that the hurdles to moving the content are a lot lower than you might think.

Don’t let those two little words “data migration” keep you from advancing your firm’s business goals! There’s too much to be gained from having a properly conceived website.

Article By:

 of

Will a New California Ballot Initiative Usher in the Next National Shift in Privacy Law?

Poyner Spruill

Just 10 years ago, California enacted the first breach notification law and unwittingly transformed the landscape of American privacy and data security law. To date, 45 other states, multiple federal agencies, and even local governments have followed suit. California residents may soon find themselves voting on a ballot initiative that could have an equally dramatic effect on this area of law.

computer broadcast world

The ballot initiative, known as the California Personal Privacy Initiative, is designed to remove barriers to privacy and data security lawsuits and also would promote stronger data security and an “opt-in” standard for the disclosure of personal information. Specifically, the initiative would amend the California Constitution to:

  1. Create a presumption that “personally identifying information” collected for a commercial or governmental purpose is confidential

  2. Require the person collecting such information to use all reasonably available means to protect it from unauthorized disclosure

  3. Create a presumption of harm to a person whenever her confidential personally identifying information has been disclosed without her authorization.

Notwithstanding the presumption of harm, the amendment would permit the disclosure of confidential personally identifying information without authorization “if there is a countervailing compelling interest to do so (such as public safety or protected non-commercial free speech) and there is no reasonable alternative for accomplishing such compelling interest.”

Turning first to the impact on litigation, plaintiffs have largely been unsuccessful in privacy and data security litigation because they have failed to show harm resulting from an alleged unlawful privacy practice or security breach. The obligation to show harm arises at two stages when a case is litigated in federal court: first, the plaintiff must establish that he has suffered an “injury in fact” in order to meet the requirements for Article III standing, and second, the plaintiff must satisfy the harm requirement that applies to the relevant cause of action (e.g., negligence). If the case is litigated in state court, the standing requirement does not apply, but most, if not all, privacy and data security breach class actions have been litigated in federal court.

The ballot initiative would create a presumption of harm that could allow more lawsuits to satisfy the injury-in-fact standard (step one, above) and the harm requirement for the underlying cause of action (step two, above). Without that barrier, business would be stripped of the most effective means of prevailing on a motion to dismiss for certain causes of action. And in some scenarios, business would be forced to rely on untested or tenuous defenses, making companies more likely to settle, rather than fight, previously unsustainable causes of action.

Other components of the initiative would exacerbate the uptick in litigation, including the presumption that personally identifying information collected for a commercial purpose is confidential and the requirement that organizations use reasonable measures to prevent unauthorized disclosure of that information. Plaintiffs’ claims are sometimes based on an allegation that promises made in the defendant’s privacy notice regarding security measures are deceptive. Currently, companies can protect themselves against these claims by making only conservative representations about privacy and security. But the ballot initiative could create a general duty to adopt reasonable privacy and security measures, raising the prospect that plaintiffs could more successfully pursue negligence-style claims, which companies cannot deter solely by adopting conservative privacy notices.

The initiative also employs a very broad definition of personally identifying information: “any information which can be used to distinguish or trace a natural person’s identity, including but not limited to financial and/or health information, which is linked or linkable to a specific natural person.” (The definition does not cover publicly available information lawfully made available to the public from government records.) This expansive definition would force organizations to apply stricter security to types of information that might not otherwise receive those protections. Furthermore, the definition is particularly problematic when considered in conjunction with the presumption of harm discussed above because identifiable data such as names, email addresses, and device identifiers are routinely shared by businesses without consent. If this initiative succeeds, the increased threat of litigation will incentivize businesses to default to an opt-in standard for disclosures of information.

There is, however, at least one reason to believe that the initiative may not be as detrimental to business interests as some are predicting. Showing a nominal harm for the underlying cause of action does not necessarily equate to an award of damages so, even if the ballot initiative is successful, there would in some cases remain a practical limitation on the plaintiff’s ability to recoup money damages. Where statutory damages are available, or where a plaintiff can show some actual monetary harm, money awards would be possible. But in cases where statutory damages are not available and a plaintiff must show actual monetary harm to procure a monetary award, the ballot initiative may not save such claims. For example, the damages award flowing from a negligence claim is generally based on the actual damages incurred by a plaintiff. Therefore, even if the plaintiff could state a cause of action for the purpose of defeating a motion to dismiss, the plaintiff may not be entitled to anything more than a nominal damages award if the plaintiff cannot demonstrate monetary damage such as the cost of credit monitoring, identity theft insurance, or perhaps even therapy bills. On the other hand, courts could interpret the amendment as requiring recognition of a new type of harm, similar to emotional distress, that is compensable through money damages—even without a showing of some concrete financial harm to the plaintiff.

The ballot initiative’s proponents must obtain 807,615 signatures before Californians would have the opportunity to vote on it. If the signatures are collected, then the initiative will appear on the ballot without further opportunity to seek amendments to address business concerns. If the initiative appears on the ballot, it would require only a simple majority vote to pass. Interested organizations should work to ensure that public debate over the initiative includes a discussion of the heavy burden on business that could result from the initiative.

 
 of

10 Free Keyword Research Tools + How to Use Them [INFOGRAPHIC]

The Rainmaker Institute mini logo (1)

An old friend – Google’s free Adwords Keyword tool – has gone off the grid for good, leaving in its place the new Keyword Planner. The Planner is a little more detailed, but still fairly easy to use and still free.

A recent post at the GroTraffic.com blog had a list of 10 free keyword research tools you will find useful, as well as a good infographic that provides step-by-step instructions on how to conduct keyword research:

Mergewords – especially useful for creating long tail keyword phrases which are critical to your SEO efforts.

Wordstream – will give you up to 30 free keyword results; after that, you have to subscribe.

SEMRush – the first 10 results are free; a subscription is required for more. Data analysis and keyword performance info is also offered on the site.

SEOBook – this site has a free keyword tool that requires free registration to access.

Keyword Eye – if you are more visually oriented, this site is for you.

KGen – if you use Firefox as your browser, this tool is available as an add-on and will rank keywords on any given website.

Bing Keyword Research Tool – part of the Bing Webmaster Tools.

Keyword Spy – lets you evaluate competitive websites for keywords they use.

Thesaurus.com – this website gives you synonyms for your keywords.

Ubersuggest – suggestion tool for more keyword ideas.

Article By:

 of

12 Tips to Increase Referrals & Revenues With Email Marketing

Katten Muchin

Despite all the focus these days on social media, email marketing still remains the most effective way to reach prospects, remind clients, and reconnect with referral sources. According to the latest Pew Internet & American Life Project Report, email remains the top use of the Internet across all age groups.

Far too few law firms properly utilize email marketing to generate more referrals and develop new business. I’m going to lay out a game plan for your firm so you can implement an effective email marketing program.

He or She Who Has The Biggest List Wins!

I have said this to audiences for the last several years, but it bears repeating, he or she who has the biggest list wins! Your list is one of the few tangible assets of your law firm that is of a true lasting value. What makes your firm valuable is your ongoing relationship with your current and former clients, prospects and referral sources-that is to say, your list!

As a business owner, you must do everything you can to build, maintain and grow a healthy list of interested prospects, clients and referral sources. Developing a robust email marketing list should be at the core of your law firm’s business development efforts.

Here are proven ways to build a great law firm marketing list:

Insert a newsletter sign-up form on each page of your website and on your blog. Include a brief summary of the benefits of receiving your no-cost, monthly legal newsletter as well as a link to a sample they can read.

Promote your newsletter on social media. A growing number of law firms are using social media as a low-cost method to promote their law firms. Periodically include snippets from your newsletter in your social media.

Invite your connections on LinkedIn to join your list. Send out an email invitation to all your connections on LinkedIn asking if they would like to join your newsletter.

Use networking events to grow your list. If you’re like most attorneys, you have a stack of business cards somewhere on your desk from people you have met at networking events and you haven’t done anything with those names since then. Instead of letting them collect dust, put them on your newsletter list. It is the easiest way to stay connected long-term.

When you have a speaking engagement, provide a sign-up sheet for your complimentary newsletter. This technique has a very high response rate because the audience has already expressed an interest in your practice area by virtue of attending your presentation.

Partner with other non-legal professionals who serve a client base similar to yours. For example, if your area of practice is estate planning, financial planners, CPAs, tax attorneys or real estate professionals might have a target client similar to yours.

The overall goal is to continually grow your list and produce top quality content of interest to your list so they start to see you as a thought leader in the field.

Creating an Email Marketing Program for Your Law Firm

If you do not already have a regular email marketing campaign in place – like a monthly e-newsletter – here are 10 tips to keep in mind as you embark on your list building efforts:

1. Use every opportunity to build your list. Every prospect your office talks to on the phone, every person who fills out a form on your website, every business contact you network with, every visitor to your website or blog, every contact on social media, every referral source you meet for lunch, and every new client you sign up-invite them all to join your monthly newsletter.

2. Give away a free report on a topic of interest to your prospects when they sign up for your newsletter. This is a great way to entice reticent people to divulge their contact information.

3. Only send emails to people who have agreed to receive them. One of the services we offer is “done for you” newsletters for law firms and I will occasionally have a new client ask me about buying a list of targeted prospects. In general, I do not recommend purchase a list of names as they have no existing relationship with you and you will likely receive a lot of spam complaints.

4. Include an opt-out option in every email you send. Make it easy for people who are no longer interested in your content to unsubscribe.

5. Be sure your content is always relevant to your audience. Write about areas they are interested in. Don’t be afraid to take a specific point of view. As famous business author Robert Kiyosaki, author of Rich Dad, Poor Dad put it, I would rather be loved or hated, but not forgotten.

6. Always include a clear call-to-action. Tell them what you want them to do: Do you want them to call your office for a free consultation? Do you want them to visit your blog for more information on a specific topic? Would you like them to attend your upcoming webinar?

7. Use professional email marketing software to send it out. We recommend a program like Constant Contact, Mail Chimp, iContact, or Vertical Response. They are all very easy to use and costs start out around $20 per month. These programs will give you great insight into how many people are looking at your newsletter (open rates), how many people click on a link to “read more” (click through rates), and how many pass it on to a friend (“recommend” rates).

Due to spam blockers and concerns over viruses being sent via email, we do not advise you to send it out via Microsoft Outlook® or even worse as a PDF attached to an email.

8. Send your email on a consistent basis. We recommend every 4-6 weeks, but some of you could send it even more frequently.

9. Test to find out the best time to send your newsletter. The day of the week and the time of day can make a huge difference in the open rates of your newsletter. Email marketing studies show that in general, the best times for sending B2B emails is Tuesday through Thursday between 9:30 a.m. and 1:30 p.m. The best times for sending B2C emails is Tuesday through Thursday between 5 p.m. and 8 p.m. or on the weekend, but your audience may be different and the only real way to find out is to test it.

10. Keep the “from” name consistent. You should use your name or the name of your law firm in the “from” line.

11. Use clear, concise and interesting subject lines. Don’t make people guess what your email is about. Studies have shown the two biggest factors in determining if your email gets open is does the recipient recognize who it is from and the subject line.

Make your subject lines interesting. If you get two emails and you don’t immediately recognize either sender, but one of them has the subject line “10 ways to double your law firm’s revenue this year” and the other one has the subject line “March Newsletter from The Rainmaker Institute,” which one will you be more inclined to open?

12. Keep it short and sweet. You should be able to read your entire newsletter in less than 5 minutes. If you have a great article that is longer simply include several paragraphs in your newsletter then add a link to “click here to read more.” Everyone’s attention span is getting shorter as multiple mediums for messaging continue to grow.

Article By:

 of

A Different Kind of Adobe Update: Adobe Announces Data Breach Compromising Information of 2.9 Million Customers

MintzLogo2010_Black

Adobe Systems Inc.,(ADBE -1.24%) announced earlier today that has been the victim of a cyber attack that has compromised information of 2.9 million of its customers.  In a blog post Thursday morning, Adobe’s Chief Security Officer Brad Arkin referred to such attacks as “one of the unfortunate realities of doing business today” and added that the attack on customer information is believed to be linked to an attack in which hackers obtained source code for certain Adobe products, including its Cold Fusion web application platform and its Acrobat family of products.

Adobe Systems Inc. reported what it called a sophisticated attack on its computer network, involving illegal access to both customer information and source code related its programs

The scope of the breach was first disclosed by security blogger, Brian Krebs in his blog, Krebs on Security.  The customer information accessed by the hackers includes names, encrypted credit or debit card numbers, expiration dates, and other information relating to customer orders.  At this time Adobe does not believe that decrypted credit or debit card numbers were obtained.  Adobe has reset passwords for certain customers and will be notifying customers whose debit or credit card information is believed to have been accessed.  For those customers whose credit or debit card information has been accessed, Adobe will offer a complimentary one-year membership with a credit monitoring service.

This latest incident is a reminder that cyber attacks are not only an “unfortunate reality” of doing business, but are also increasingly common.  If your business collects customer or user information, there is no time like the present to make sure you have a response plan in place.

Read more:

New York Times – Adobe Announces Security Breach

PCWorld – Adobe Reports Massive Security Breach

Wall Street Journal — Hackers Hit Adobe Systems Network 

AllThingsD

Article By:

 of

Promising #1 Rankings is Unacceptable for Legal Online Marketing Vendors

Correct Consults Logo

Every reputable search marketer will tell you that a Web vendor promising number one rankings is blowing smoke. Google’s Matt Cutts warned about vendors that promise number one rankings as far back as 2008, then again in 2012.  Despite these voices, many companies still guarantee number one search engine spots – which raises the question: “Is promising number one rankings really that bad?”

Vendors who promise number one rankings for their law firm clients set unachievable standards for themselves, their clients and the legal marketing profession. Occasionally these damaging black-hat SEO tactics work for a few weeks or months — until Google catches up with them. When that happens, all the money invested into creating your Web presence is wasted.

online marketing rankings google

You can safely bet that Google’s algorithm will constantly change as the search engine giant places increasing emphasis on user experience. Strategies that may secure top rankings today might be the same strategies that hinder a site tomorrow. No company can be certain as to where their client’s site will rank next, and it is misleading for any company to indicate they do.

A legal online marketing vendor must also account for the fact that high rankings for a law firm website do not necessarily equate with an increase in newly signed clients. Websites have a shelf life. Many factors can affect conversions. If your design is dated or stale, you might need an upgrade before users are attracted to your site again. An outdated site conveys a lack of concern for the firm’s Web presence and image, almost as if you hadn’t refurnished your visitor’s lobby in 20 years. Additionally, a website that does not have calls to action and is not designed for conversions will hurt your ability to convert visitors to clients.

A guarantee of a number one ranking may lead a law firm to have unrealistic expectations of its Web marketing company. A vendor that works incredibly hard to stay abreast of search engine marketing trends, takes preemptive measures to protect their client sites and keeps lines of communication open sets the standard. But even that exceptional vendor cannot, and should not, guarantee top search engine spots. What they can and should do is promise to work tirelessly on a campaign to make it the best it can be. All sorts of factors, such as investment levels and client involvement, will affect a site’s ability to outrank other sites. Those factors are not entirely controlled by vendors, even the exceptional ones.

At the end of the day, what you really want is to be able to convert qualified leads into clients and grow your practice. You may not necessarily need number one rankings to accomplish this goal. What you need is a Web marketing vendor who is just as committed to your firm’s success as one of your partners. If the company handling your firm’s Internet marketing campaign is dedicated, then your campaign will be a success – whether your site occupies the first or fourth spot on a search results page.

Article By:
 of

Google Must Face Most Claims in Keyword Wiretap Class Action

MintzLogo2010_Black

If you were on Google’s home page yesterday at the office, you probably spent more time than you care to admit playing the “help the letter ‘g’ hit the piñata” game that Google created for its 15th birthday.

For Google, that might be a welcome distraction from very bad news it received from the Northern District of California.  U.S. District Court Judge Lucy Koh denied in part Google’s motion to dismiss a 2010 claim in which users accuse Google of violating various state and federal laws by scanning the content of user emails for purposes of creating user profiles and directing targeted advertising, thus allowing a putative class action suit against the search (and everything else online) giant to proceed.

Judge Koh’s order (full text can be found here), is significant in its handling of a number of Google’s arguments, but the rejection of a particular line of argument is understandably receiving much of the attention. In its Motion to Dismiss, Google argued that its practice of scanning emails is not a violation of the Federal Wiretap Act because, among other reasons, Gmail users and non-Gmail users have consented to the interception of emails.   Google’s consent argument was two-fold.  First, it argued that Gmail users had “expressly consented” to having their emails scanned by agreeing to its Terms of Service and Privacy Policies, which every Gmail users is required to do.  Second, it argued that non-Gmail users have “impliedly consented” to the practice by sending an email to a Gmail user, because at that time those non-users understood how Gmail services operate.

Judge Koh rejected both of Google’s consent arguments, holding that the Court “cannot conclude that any party – Gmail users or non-Gmail users – has consented to Google’s reading of email for the purposes of creating user profiles or providing targeted advertising.”  The Court dug into the multiple iterations of Google’s Terms of Service and Privacy Policies that have been in place since 2007, and found that the policies did not explicitly notify users that Google would intercept emails for the purposes or creating user profiles and targeting advertisements.  The Court discussed a number of sections of Google’s policies where users allegedly consented to the practice of scanning emails for advertising purposes, and in each case found that the policies either described a different purpose for scanning emails (such as filtering out objectionable content) or were unclear when describing what kind of information would be intercepted (using descriptions like “information stored on the Services” or “information you provide”).  The Court further held that Google’s current policies (which were put in place on March 1, 2012) are equally ineffective at establishing consent.  Finally, the Court rejected the argument that non-Gmail users had impliedly consented to the interception of emails, noting that accepting Google’s theory of implied consent would “eviscerate” laws prohibiting interception of communications.

Judge Koh’s denial of Google’s Motion to Dismiss is the latest reminder that when it comes to privacy policies and terms of use, how you write something can be as important as what you write.  We will have more on the various issues discussed in Judge Koh’s order over the next few days.

Article By:

 of

Your Facebook “Like” May Be Constitutionally-Protected Speech

barnes

According to a recent decision by the United States Court of Appeals for the Fourth Circuit, pressing the “like” button on your Facebook page constitutes substantive speech that may be protected by the First Amendment.

Six employees of the Hampton, Virginia Sheriff’s Office were dismissed because they showed support for Sheriff B.J. Roberts’ electoral opponent. They filed suit against Sheriff Roberts, claiming in part that their terminations violated the First Amendment. The United States District Court for the Eastern District of Virginia granted summary judgment to Sheriff Roberts, in part because the court found that the employees failed to allege that they had engaged in protected speech.

The plaintiff of significance in this matter, Roy Carter, Jr., claimed his protected speech in support for Sheriff Roberts’ opponent came in the form of a Facebook “like” for the opponent’s page. The Eastern District of Virginia held that the thumbs-up button by itself did not constitute sufficient speech to merit First Amendment protection. Not so, ruled the Fourth Circuit – when Carter pressed “like,” he caused to be published on his Facebook profile and on his friends’ news feeds that he liked Sheriff Roberts’ opponent’s campaign, which is a substantive statement.

“That a user may use a single mouse click to produce the message that he likes the page instead of typing the same message with several individual key strokes is of no constitutional significance,” held the court. Further, the Court stated that hitting the “like” button is the internet equivalent of displaying a political sign in one’s front yard, which the Supreme Court has held constitutes substantive speech.

The district court’s ruling was reversed for Carter and two other plaintiffs and the matter was remanded. Although the three remaining plaintiffs may not recover monetary damages because of the sheriff’s Eleventh Amendment immunity, they may have an opportunity to be reinstated.

The full text of Bland v. Roberts may be found here.

6 Reasons Why Video Belongs In Your Legal Marketing Mix

The Rainmaker Institute mini logo (1)

Here’s a statistic that is hard to wrap your head around: more than 4 billion videos are viewed on YouTube every day.

YouTube also says that more than 6 billion hours are watched each month – one hour for every person on Earth.

video youtube legal marketing

Video is a great way for attorneys to connect with prospects on your law firm website and demonstrate expertise in your field of practice.

Beyond the YouTube stats that demonstrate virtually everyone is viewing video online, here are 6 more reasons why video belongs in your legal marketing mix:

1. Better search results. According to Forrester Research, videos are 53x more likely than traditional websites to be found on the first page of Google search results.

2. Better retention. Forrester Research found that people retain 58% more with both visual and auditory stimulation.

3. More traffic. Forrester Research reports that over 60% of all web traffic comes from online video.

4. More likely to buy. People who view a video are 64% more likely to purchase (comScore).

5. Found in the C-Suite. 65% of senior executives say they have visited a vendor website after watching a video. 59% say they prefer video to text. (Forbes’ Video in the C-Suite).

6. More likely to be shared. Video has the best potential to be shared and go viral compared with other media.

Article By:

 of

 

What Social Media Users Like to Share

The Rainmaker Institute mini logo (1)

A new study out from market research firm Ipsos reveals that 70% of Internet users have shared content on social media sites in the past month.

So why is this important?

One of the main reasons attorneys participate in social media is for lead generation, and having your posts shared with others boosts the popularity of that post and gives an implied endorsement to what you have to say.

So it would behoove you to be aware of the type of content that is more likely to be shared. Here it is:

The next time you find yourself stuck on what to post on your social media sites, refer to this list – and include a picture!

Article By:

 of