Category: Internet

Information Governance in Legal – The Real Payoff is Litigation, E-Discovery, and Audit Readiness

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Information governance (IG) in the modern day legal landscape addresses multiple functions from cyber threats, to compliance, to interdepartmental communication to document retention to e-discovery. Affecting businesses across the legal, compliance and IT realms, the ideal IG framework will insert processes and procedures into place that will allow law firms and businesses to consistently manage and asses the flow of information. Browning Marean, co-chair of the Electronic Discovery Readiness and Response Group at DLA Piper and speaker at the ARMA International 2013 Conference and Expo, offers his expertise on law firm IG and why data can and should be controlled in the legal field.

Q: What is the impact an IG framework can have on a law firm and business?

A: The impact of IG on a business in momentous. Legislation like the Sarbanes–Oxley Act of 2002 requires that businesses have controls in place.  Law firms must keep up with the ever-increasing number of compliance regulations for their clients. In addition, the average Fortune 500 companies have 125 lawsuits at any given point. If law firms and compliance departments have control of the information, they will know where to look and be able to preserve the information during discovery. IG can therefore also serve as an organizational tool during litigation.

Q: How would you describe the relationship among technology, the law & IG?

A: There is a complicated relationship among the three entities. I believe that the computer revolution yields two classes of people, both the foot soldiers and the victims. It is the same with the practice of law– technology can cause disruption but if attorneys take advantage of technology and use it to guide their IG, they will flourish.

Q: Can you cover the top risk associated with governance gaps in litigation and e-discovery?

A:In a lawsuit, parties must produce documents during discovery. When litigation is reasonably anticipated parties will have to put a legal hold on discovery documents in electronic form, also known as e-data. If parties are unable to do so or unable to preserve the documents, they will suffer the consequences, including losing the case outright and monetary sanctions and adverse interference instructions from the courts. In that way, IG can mitigate the problems associated with the identification, preservation, collection and production of e-data.

Q: What would be some of the solutions you would recommend for this risk?

A: The amount of data that is available will be multiplied by 50 by the year 2020. The only way to accommodate all of that information is to have proper practices and policies in place. I believe law firms and business should prepare an “IT readiness program.” Organizations must look at themselves from the top-down to see what resources are available to help at each level. There is a great checklist from the Department of Justice (DOJ) that covers may aspects of how law firms and businesses can ensure that there their discovery material will remain intact, from document management systems to disaster recovery backup. In addition, I recommend that law firms and businesses maintain a record retention policy.

Q: E-discovery is one of the hot topics in the legal world. Why do you think it has become so widely covered and debated?

A: About 95% of all data is viewed in electronic form.  This means that in order to prove your side in a lawsuit, we will have to see where the evidence is based, which is usually in some kind of electronic format. We are going from an analogue world to a digital world so we must create and preserve electronically stored information (ESI) to evaluate the evidence. The pervasiveness of e-discovery has resulted in several additions to the Federal Rules of Civil Procedure as well as state laws.

Q: Can you provide a background on the evolution of e-discovery?

A: In the modern era, a series of cases in the early 2000s from federal courts established the beginning of modern e-discovery litigation.  In particular, Zubulake v. UBS Warburg LLC from the United States District Court for the Southern District of New York paved the way. Judge Shira Scheindlin presided over the case and made several ruling effectively establishing the duty of businesses and their counsel to preserve documents and refrain from practices that may result in the destruction of documents.. Through an effective IG framework, law firms and compliance departments will be able to keep up with ESI in litigation and e-discovery.

Cyber Security Summit – October 22-23, 2013

The National Law Review is pleased to bring you information about the upcoming Cyber Security Summit.

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

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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.

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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.

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Cyber Security Summit – October 22-23, 2013

The National Law Review is pleased to bring you information about the upcoming Cyber Security Summit.

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When:

Where:

Google Must Face Most Claims in Keyword Wiretap Class Action

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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.

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Your Facebook “Like” May Be Constitutionally-Protected Speech

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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

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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.

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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.

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What Social Media Users Like to Share

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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!

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7 Steps to Create a Lead-Generating Website [INFOGRAPHIC]

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It is estimated that 95% of law firms already have a website (I’m not sure what the other five percent are holding out for…perhaps they still think the internet is a fad), but too few attorneys are consistently generating quality leads from their online presence because they lack great content.

Google has made it increasingly difficult to rank high without putting a lot of quality content on your website. One of the best ways to do so is via a blog, which allows you to add unique, high quality content every day to your website.

The infographic below from ReachLocal.com provides 7 essential ingredients you must have in your website to help you land more leads: