USCIS to Implement Premium Processing for Certain Previously Filed Form I-140 Petitions

On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it would begin implementing premium processing for certain petitioners who have a pending Form I-140 under the EB-1 and EB-2 classifications.

As explained in our previous alert, USCIS had announced that it will expand its premium processing service to include additional immigration benefit case types, pursuant to a final rule issued by the Department of Homeland Security (DHS). The rule is intended to implement the Emergency Stopgap USCIS Stabilization Act passed by Congress and is part of USCIS’s efforts to reduce existing backlogs and provide needed relief to Employment Authorization Document (EAD) cardholders.

While the rule will become effective on May 31, 2022, it will be implemented in a phased approach over a three-year period. USCIS has now begun implementing these changes to premium processing, starting with certain Form I-140 classifications: EB-1C (classification as a multinational executive or manager) and EB-2 (classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW)).

This expansion will occur in the following phases:

  • Beginning June 1, 2022, USCIS will accept premium processing requests for EB-1C multinational executive and manager petitions received on or before January 1, 2021.
  • Beginning July 1, 2022, USCIS will accept premium processing requests for EB-2 NIW petitions received on or before June 1, 2021, and EB-1C multinational executive and manager petitions received on or before March 1, 2021.

USCIS will only accept premium processing requests for currently pending cases based on their date of filing, as noted above. USCIS is not accepting new Form I-140 petitions in these categories with a premium processing request at this time. We anticipate that USCIS will expand premium processing requests for more recently filed EB-1 and EB-2 petitions in the future.

Article By Shannon N. Parker of Mintz

For more immigration legal news, click here to visit the National Law Review.

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Adding Impact to Your Next Cross Examination: 5 Things to Consider When Presenting Witness Testimony

As every trial attorney knows, there are many strategies for cross examining a witness. Among the most effective is confronting a witness with their previous deposition testimony. Nothing beats an opportunity to use their own words against them.

In order to get the most impact from this practice, a savvy litigator will read transcript passages or play audio/video excerpts from the witness’s deposition. An alternate technique—most effective when there is a lot of testimony—is showing a witness’s testimony on-screen using slides. Of course, as with any PowerPoint presentation, there are several things to consider when using this tool to cross examine a witness.

Tips for Witness Testimony Presentation

1. FORMAT THE TRANSCRIPT TEXT

Rather than importing an image of the transcript page, consider copy/pasting or retyping the testimony into a slide. This will give you control over how large you make the text and can even allow you to emphasize certain words or statements that align with your case themes. In addition, most jurors sit 20-40 feet from the projection screen in the courtroom. A good rule of thumb is to use 20-point font type or larger.

2. USE BOLD FONT TYPE

By bolding questions within the transcript, jurors will more easily distinguish them from the witness’s answers to each question. Another tip is to stay away from unique fonts. While “French Script” might be a nice touch on a party invitation, it can be hard to read from the jury box.

3. ANIMATE EACH QUESTION AND ANSWER

If you are using PowerPoint or Key Note, consider adding animation to each question-and-answer text block. It’s natural for people to read ahead if there is more on the screen; by revealing each question and answer one-by-one, you will have a much better chance of holding the jurors’ attention. Effects like “appear,” “wipe,” or “fade” are all good options for this, but stay away from more flamboyant effects like “fly-in” or “zoom” since those are too distracting (and most judges will not allow that to go on for more than a few slides).

4. USE A PHOTO OF THE WITNESS

A photo of the witness will allow the jury to connect the testimony with the witness. If you didn’t videotape the witness, look for a picture on their company website or social media profiles. Obvious caveats apply here; you generally know what the court will allow and to what opposing counsel will object.

5. BE FLEXIBLE

Even though you have prepared all your testimony slides for the unexpected, consider having the entire transcript loaded in a trial presentation software (e.g., TrialDirector or Sanction) that allows you or your trial presentation consultant to jump to any portion of the transcript on the fly. It’s very possible that opposing counsel will argue that an answer is not complete, and the court might instruct you to continue on for several more lines of testimony.

In Conclusion

Visually displaying a witness’s deposition testimony during cross examination allows you to drive home the points most relevant to your arguments and case themes, and most salient to jurors you hope to influence. Following these five simple rules above will make that tactic even more effective in court.

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Preparing to Testify in Response to an SEC Subpoena

When investigating companies, brokerage firms, investment advisors, and other entities and individuals, the U.S. Securities and Exchange Commission (SEC) relies heavily on its subpoena power. Once the SEC launches a formal investigation, it can issue administrative subpoenas to the company executives, brokers, and others. These subpoenas may be a subpoena duces tecum which compels the person to whom it is addressed to produce documents in his possession or control, or a subpoena ad testificandum which compels the person to whom it is addressed to appear at a specific time and place and testify under oath or affirmation. Crucially, while these subpoenas do not require judicial approval, they are subject to judicial enforcement.

With this in mind, receiving an SEC subpoena is not a matter to be taken lightly. Individuals who have been subpoenaed to testify must thoroughly prepare their testimony, and they need to make sure they know what to expect when the day arrives.

Testifying before the SEC is fraught with potential risks. It is imperative that subpoena recipients devote the necessary time to their preparations, and that they work with their counsel to proactively identify and address all potential areas of concern.

Understanding Why You Have Received an SEC Subpoena

When preparing to testify before the SEC, a key first step is to understand why you have been subpoenaed. Broadly speaking, the SEC focuses its enforcement efforts on two areas: (i) protecting U.S. investors, and (ii) preserving the integrity of U.S. capital markets. As a result, most SEC investigations target allegations of fraud, misrepresentation, conspiracy, and other offenses in one (or both) of these areas.

The SEC’s subpoena should provide at least some insight into the focus and scope of the SEC investigation. However, gathering the information you need to make informed decisions may require examination of other sources as well. For example, it will be helpful if you can identify anyone else who has received a subpoena or Wells Notice related to the investigation, and it may be prudent to conduct an internal compliance audit focused on uncovering any issues that could come to light.

Questions You Should Be Prepared to Answer During Your SEC Testimony

When preparing SEC testimony, it is important to keep in mind that you could easily be fielding questions for six hours or longer. While this can seem overwhelming, SEC subpoena recipients can generally expect to be asked questions in seven main categories. These main categories are:

  • Preliminary Matters
  • Background and Personal Information
  • Your Role Within Your Company or Firm
  • The Scope of Your Duties
  • Investors
  • Due Diligence
  • Clarifying and Closing the Record

1. Questions Regarding Preliminary Matters

SEC subpoena recipients can initially expect a series of questions that are designed to provide the SEC with insight into the steps they took to prepare their testimony. While these questions are largely procedural, some can present traps for the unwary. At the beginning of the session, you should be prepared to succinctly and confidently answer questions such as:

  • Did you get the opportunity to review the Formal Order associated with this matter?
  • Do you have any questions regarding the Formal Order?
  • Did you complete the Background Questionnaire by yourself?
  • Are the contents within the Background Questionnaire truthful and accurate?
  • Is there any information you wish to add to the Background Questionnaire?
  • Do you understand the rules and procedures of the SEC testimony process?
  • Do you have any questions on the rules and procedures of the SEC testimony process?

2. Questions Regarding Background and Personal Information

After dispatching these preliminary matters, the focus will shift to the SEC subpoena recipient’s background and personal information. Keep in mind that the SEC likely has much (if not all) of this information already—so if you omit information or provide misleading answers, this will not go unnoticed. During this phase of your testimony, you can expect to be asked questions such as:

  • What is your educational background?
  • Do you hold any professional or financial licenses?
  • Have you ever worked for a financial firm or investment advisory firm?
  • When did you first meet the other individual(s) involved in this matter?
  • Who introduced you?
  • What was the purpose of your first meeting (e.g., social meeting or business planning)?
  • Do your families know each other?
  • Where are you employed now?

3. Questions Regarding Your Role Within Your Company or Firm

If the SEC is investigating your company or firm (perhaps in addition to investigating you personally), you can expect several questions regarding your role within the organization. Depending on your position, the SEC’s investigators may ask you questions regarding the company or firm itself. Some examples of the questions you should be prepared to answer (as applicable) include:

  • When did you start working at the company?
  • What is your position at the company?
  • Can you describe the company’s corporate structure?
  • What are your title and position at the company?
  • Have your title and position changed over time?
  • What are the duties at the company?
  • Have your duties changed over time?
  • How is the company funded?
  • What is your salary at the company?
  • Who makes the majority of the decisions for the company?
  • Does the company sell securities?
  • Does the company pay dividends?
  • Does the company have voting rights?

4. Questions Regarding the Scope of Your Duties

After gaining an understanding of your role within your company or firm, the questioning will likely shift toward examining the scope of your duties in greater detail. In most cases, this is where the questions asked will begin to focus more on the substance of the SEC’s investigation. During this phase of your testimony, potential questions may include:

  • Can you describe your access to investor funds, financial statements and records, and investor details?
  • Are you aware of or do you have access to the sources of the company´s income?
  • What are the sources of the company´s revenue and projected revenue?
  • Can you describe or do you have access to the sources of the company´s expenses?
  • Who is responsible for preparing the company´s financial statements?
  • Do you have any role in preparing or compiling the company´s financial statements?
  • Who is responsible for preparing the company´s projected financial statements, including projected capital contributions, projected expenses, and projected revenues?
  • Do you have any role in preparing or compiling the company´s projected financial statements?
  • Does the company have its financial statements audited on an annual basis?
  • Did you ever act as a point of contact or intermediary between the company and third parties, such as investors or banks?
  • Do you ever serve as a representative of the company?
  • Are you involved in any of the company’s promotional efforts to the public?
  • Do you know or do you have access to details of the company’s anticipated monetization plans?
  • Are you aware of any complaints against the company?

5. Questions Regarding Investors

Once the scope of your duties has been established, the SEC’s investigators may next focus on your company’s or firm’s communications and relationships with investors. Here too, the investigators’ questions are likely to be tailored to the specific allegations at issue—and you could get yourself into trouble if you aren’t careful. To the extent of your knowledge, you should be prepared to accurately answer questions such as:

  • Does the company have investors?
  • Who are the investors?
  • What types of customers and/or investors do the company target or appeal to?
  • Do you communicate with investors?
  • How did the company attract capital contributions for its formation, project funding, and subsequent business plans?
  • Does the company adopt targeted marketing strategies, or does the company engage in general advertising?
  • What is the average contribution of the company’s investors?
  • Did you create, or do you have access to, a cap table?
  • Did you assist in the preparation of a cap table?
  • Did the company issue stock certificates or provide any other proof of equity ownership to investors?
  • Did the company register any of its investments?
  • Did the company issue a private placement memorandum or file a Form D?
  • Do you know if any investors already knew the company´s directors and officers before investing?
  • Does the company solicit investors or advertise to the general public (e.g., retail investors)?
  • Are you aware of what the company does with investor funds?
  • Can you describe your role in preparing any promotional or marketing materials?
  • Has the company distributed any investor documents or marketing/solicitation materials to the public?
  • Does the company have any plan to show, or did it show, promotional documents to investors?
  • Does the company hold regular investor calls?

6. Questions Regarding Due Diligence

Due diligence is often a key topic of discussion. SEC investigators are well aware that many company executives, brokers, and others are not sufficiently familiar with their companies’ and firms’ due diligence obligations, and charges arising out of due diligence violations are common. With this in mind, you should be prepared to carefully navigate inquiries such as:

  • Does the company have any identity verification procedures in place?
  • What kinds of identity verification procedures does the company use for its investors?
  • Can you describe the company´s know-your-customer (“KYC”) policies?
  • Do you assist with verifying investors or capital contributions?
  • Does the company maintain a compliance program?

7. Questions to Clarify and Close the Record

Finally, at the end of the session, the SEC’s investigators will ask if you want to clarify or supplement any of the answers you have provided. It is important not to let your guard down at this stage. While your testimony is nearly over, you need to remain cognizant of the risk of providing unnecessary information (or omitting information) and exposing yourself to further scrutiny or prosecution. With this in mind, it is best to consult with your counsel before answering questions such as:

  • Is there anything you wish to clarify from today´s testimony?
  • Is there anything you wish to add to your testimony before we close and go off the record?

Practicing your answers to these questions (among others) in a mock interview with your legal counsel or SEC defense attorney will help ensure that you are prepared for the SEC as possible.

Oberheiden P.C. © 2022

May 2022 Legal Industry News: Law Firm Additions, Industry Awards and Recognition, and Pro Bono Efforts

Happy May! As the weather gets warmer, we hope you are remaining safe, relaxed, and healthy. Please read on to find the latest news in law firm hiring and expansion, legal industry recognition, and pro bono and legal aid efforts.

Law Firm Hiring and Expansion

Sidley Austin LLP has expanded its Emerging Companies practice with the addition of Cynthia Bai and Nicholas Frey, both of whom are located in the firm’s Palo Alto office. Ms. Bai, who also joins Sidley’s Global Finance group, focuses her practice on debt financing transactions across a variety of sectors, including healthcare, life science, and technology. Mr. Frey, who also joins the firm’s Employee Benefits and Executive Compensation group, focuses his practice on capital markets transaction support, equity plan and award design, mergers and acquisitions, and more.

Martin Wellington, leader of Sidley’s Emerging Companies and Venture Capital practice and a member of the firm’s Executive Committee, said:

“With over a dozen new partners nationally in the emerging growth practice over the past several years, our strategic investment in this sector is only gaining momentum. Cynthia and Nic bring the Silicon Valley-native expertise that entrepreneurial technology and life sciences companies expect in credit and executive compensation matters, as they are intimately familiar with the bespoke practices and market norms that have grown up in this sector.”

Kennedys Law LLP has promoted 22 new attorneys to partner, a record-high number for the firm. With these additions, the firm’s total worldwide partner count stands at 293. The following attorneys have been selected for promotion:

“I am delighted to recognise and reward a record number of new partners this year and to see that success shared so widely across our global offices,” said senior partner Nick Thomas. “We are incredibly fortunate to have such a dedicated and diverse workforce, which not only enables us to be where our clients need us most but has allowed us to continue growing even during a challenging couple of years.”

Akin Gump Strauss Hauer & Feld LLP has added Uri Itkin as a partner in the Investment Funds Litigation practice group. Mr. Itkin, a nationally recognized litigator and trial attorney, represents investment funds in all types of securities and commercial matters, such as real estate transactions, distressed corporate debt, and structured finance.

“Uri’s arrival is another outstanding addition to our litigation practice,” said Akin Gump chairperson Kim Koopersmith. “Uri is at the intersection of funds, litigation and regulatory, all market leading practices at our firm. He is perfectly situated to add tremendous value to our clients.”

“I am looking forward to continuing to grow my practice and building relationships with Akin Gump’s investment fund clients and my new colleagues at the firm,” said Mr. Itkin. “I am particularly excited about the firm’s wide range of knowledge and experience and its collaborative approach. They give clients valuable access to Akin Gump’s established team of knowledgeable attorneys who are experienced in a wide cross-section of investment fund practices.”

Industry Awards and Recognition

Sordum Ndam and Richard W.F. Swor, attorneys at Bradley Arant Boult Cummings LLP, have been recognized as Top 30 Under 30 professionals by the Cystic Fibrosis Foundation’s Tennessee Chapter. The honor is awarded to individuals who have shown dedication to their local communities and reached noteworthy achievements in their careers.

Ms. Ndam, an associate in the firm’s Economic Development and Environmental Law practice groups, is a member of the 2022 spring cohort of the Arts Board Matching for nonprofit board service experience in Nashville. Mr. Swor, an associate in the firm’s Litigation and Intellectual Property practice groups, serves on the board of the Belmont Wesley Fellowship and on the LGBT Law Executive Council of the Tennessee Bar Association.

“We are proud of Sordum and Richard for their professional and philanthropic efforts and for their recognition by such an important organization,” said Bradley Nashville Office Managing Partner Lauren B. Jacques.

Keith Hebeisen, a partner at Clifford Law Offices PC, is set to receive the Illinois Trial Lawyers Association (ITLA) Leonard M. Ring Lifetime Achievement Award. Each year, an ITLA committee selects one lawyer who has dedicated “a substantial part” of their work to the organization; Hebeisen has been an ITLA member since his induction as a lawyer in 1983. He also served as ITLA President in 2005-06, and has been a member of the ITLA Executive Committee for decades.

Mr. Hebeisen, a longtime medical malpractice attorney in Chicago, has represented clients in a wide array of industries, including but not limited to transportation, product liability and toxic torts. He is a Fellow in the International Academy of Trial Lawyers, and he additionally serves on the Board of Governors of the American Association of Justice.

Wilson Elser Moskowitz Edelman & Dicker LLP has been nominated for the Cyber Law Firm of the Year 2022 award by Advisen, a leading provider of data, media and technology solutions for the commercial property.

Every year, the award is presented to law firms and legal professionals who are deemed most influential in the cyber risk and cybersecurity industry. The winner will be announced on June 16th, 2022 at Gotham Hall in New York City.

Pro Bono and Legal Aid Efforts

Gilbert LLP, a complex dispute resolution-focused law firm in Washington D.C., has announced a new pro bono project, focused on assisting victims of this winter’s deadly tornadoes in Kentucky. The firm has partnered with Disaster Relief at Work and the town of Mayfield, Kentucky to rebuild the local park, which was heavily damaged by the weather. Gilbert will also make a significant financial contribution to ensure that the park is restored to its former condition.

“Mayfield Mayor Kathy Stewart O’Nan realized that rebuilding the park would help revitalize their town and give residents a spirit of hope going forward,” said Craig LitherlandGilbert’s Managing Partner and Chief Operating Officer.  “Our attorneys decided that we wanted to be a part of Mayfield’s rebuilding efforts, and we are pleased to have been able to help in multiple ways.”

Partnering with Lawyers for Good Government (L4GG), law firm Katten Muchin Rosenman LLP is providing pro bono legal aid for Ukrainian citizens seeking Temporary Protected Status in the United States. Participating through L4GG’s TPS Pro Bono Project for Ukraine, the firm will offer free legal assistance from volunteer attorneys, who will assist in applying for TPS and answer any legal questions necessary.

Presently, Katten is also working with ongoing pro bono partner Airlink, providing monetary assistance through donation-matching efforts. Airlink developed a response plan to assist refugees of Ukraine through the delivery of aid and the transportation of emergency response teams into neighboring countries.

The Legal Aid Service of Broward County and the Coast to Coast Legal Aid of South Florida recently honored several legal professionals for their commitment to seeking justice for the most vulnerable members in their communities. The Annual Recognition Awards, held May 2-6, 2022, aim to promote a better understanding of the law and its role in society.

2022 Award Recipients are as follows:

Copyright ©2022 National Law Forum, LLC

Calling All Whistleblowers: Department of Justice Launches Office of Environmental Justice

Last week, the United States Attorney General announced the creation of the Office of Environmental Justice (OEJ) within the Department of Justice. The OEJ will manage DOJ’s environmental justice projects and “serve as the central hub for our efforts to advance our comprehensive environmental justice enforcement strategy” and address the “harm caused by environmental crime, pollution, and climate change.”

In his speech, Attorney General Merrick B. Garland remarked that OEJ will “prioritize the cases that will have the greatest impact on the communities most overburdened by environmental harm” in partnership with the Civil Rights Division, Office for Access to Justice, Office of Tribal Justice, and United States Attorneys’ Offices.
Whistleblowers take note: violations of environmental laws (Clean Air Act, Clean Water Act) can be a basis for a False Claims Act case.

In 2019, the DOJ settled a case against a domestic producer of Omega-3 fish oil supplements, fishmeal, and fish solubles for livestock and aquaculture feed. The producer allegedly falsely certified compliance with federal environmental laws on a loan application. Under the terms of the settlement, the fish oil producer paid $1 million. A former employee blew the whistle on their employer’s fishy business and was rewarded $200,000 as part of a qui tam lawsuit.

False certification of environmental law compliance harms taxpayers, workers, residents, and the environment for generations. The Assistant Attorney General of the DOJ’s Civil Division said about the case, “Companies will face appropriate consequences if they misrepresent their eligibility to participate in federal programs and divert resources from those who should receive federal support.” It’s up to employees of manufacturers, contractors, construction companies, power plants, and others who receive government funds to report environmentally hazardous misconduct, so that, as the U.S. Attorney said, “Businessmen and companies that lie to get their hands on taxpayer money will be held accountable for their actions.”

Top Legal Industry News for Spring 2022: Law Firm Hiring, Industry Recognition, Women in Law

We’re back with another edition of our legal industry news roundup. Read more below for the latest updates in law firm hiring and expansion, legal industry awards, and recognition of leading women in the field today.

Law Firm Hiring and Expansion

Keller and Heckman added Counsel Daniel P. McGee to the firm’s Tobacco and E-Vapor practice. Mr. McGee’s experience includes counseling companies on a broad range of complex tobacco industry and U.S. Food and Drug Administration (FDA) regulatory matters and developing strategies to help companies bring new products to market.

“Daniel’s expertise and industry perspective will be invaluable to Keller and Heckman clients who are carefully navigating the challenges and pitfalls of a highly regulated and rapidly evolving legal landscape,” said Azim Chowdhury, a Partner in the firm’s Tobacco and E-Vapor and Food and Drug practices. “In addition to expanding our tobacco and e-vapor capabilities, we are especially looking forward to utilizing Daniel’s expertise in state law compliance, particularly for clients expanding into the hemp and CBD categories.”

Richard Mann, Chair of Keller and Heckman’s Management Committee, expressed excitement over Mr. McGee’s joining the firm, saying. “The addition of Daniel to our practice demonstrates Keller and Heckman’s commitment to helping our clients understand and comply with continuously evolving regulations in this growing field.”

Mr. McGee said he’s looking forward to collaborating with the Tobacco and E-Vapor team at Keller and Heckman.

“After spending the bulk of my legal career as in-house counsel to the tobacco industry, I made a strategic decision to focus on the industry as a whole and join a law firm that is a leader in tobacco regulatory compliance and public policy initiatives.”

Norris McLaughlin, P.A. welcomed Michael J. Willner as a Member in the firm’s New York office. Mr. Willner joined the firm’s Real Estate, Finance, and Land Use Practice Group.

Mr. Willner works with individuals and entities involved with managing real estate assets, as well as condominiums and co-ops. He specializes in condominium and cooperative law, commercial and residential real estate transactions and related litigation.

Holtzman Vogel Baran Torchinksy & Josefiak PLLC opened a new office in Phoenix, Arizona. The firm held its ribbon cutting ceremony on April 26 for the office at the Esplenade with the Arizona Chamber of Commerce.

The office is led by resident Partner Christine Fort and Dallin M. Holt, Of Counsel.

“After over 20 years representing high-profile clients in all aspects of political and regulatory law, we are grateful to now open our fourth office to help support our growing roster of clients in the West,” said Managing Partner Jill Holtzman Vogel, former Chief Counsel for the RNC and a sitting member of the Virginia General Assembly. “We could have chosen anywhere to expand our reach, but Arizona and the Phoenix metro area is dynamic and fast-growing – just like our team. This is absolutely the right place for Holtzman Vogel to put down roots, and we are thrilled to open the doors and get started.”

Goldberg Segalla added Ian G. Zolty to the firm’s Workers’ Compensation group in Princeton, N.J.

Mr. Zolty has experience counseling and defending employers, insurance carriers, and third-party administrators in workers’ compensation matters throughout New Jersey, including hospitals, insurance companies and school boards, among others.

Legal Industry Recognition

City & State New York named three shareholders at Greenberg Traurig, LLP to its 2022 Energy & Environment Power 100 listSteven C. RussoDoreen U. Saia, and Zackary D. Knaub. The recognition spotlights significant legal professionals in the New York area that are “reshaping the energy industry – and rescuing our environment.”

Mr. Russo is the co-chair of the firm’s Environmental Practice, focusing his practice on environmental law, the National Environmental Policy Act, the State Environmental Quality Review Act, and more. Ms. Saia is the chair of the Albany Office’s Energy & Natural Resources Practice, where she focuses her efforts on supporting national and international electricity corporations and aiding in related financial transactions. Mr. Knaub is a shareholder in both the Environmental and the Government Law & Policy groups, practicing specifically in energy and environmental legal and government affairs matters, including litigation, dispute resolution, government procurement, and regulatory matters.

Tammie Alexander, chair of the Business Department at Steptoe & Johnson PLLC, is a 2022 Bar Foundation Fellow, appointed by the West Virginia Bar Foundation Board of Directors.  Recognizing lawyers and judges in West Virginia with noteworthy dedication to the practice of law, the Bar Foundation has nominated only 450 out of 6,000 eligible individuals since 1999. Since the program’s inception, 22 Steptoe & Johnson attorneys have been selected as fellows.

Ms. Alexander, located in the firm’s Morgantown office, focuses her practice on an array of topics, including banking, real estate, commercial transactions, title insurance, and construction matters. She primarily assists with large scale projects that involve multiple property owners, governmental agencies, and financial investors.

The South Carolina School of Law provided the Platinum Compleat Lawyer Award, the school’s highest alumni honor, to Erna Womble, retired litigation partner at Womble Bond Dickinson (US) LLP. Established in 1992, the Compleat Lawyer Awards are meant to recognize alumni for notable professional, civil, and legal accomplishments. Recipients are members of the field who exemplify professional competence, ethics, and integrity.

Erna Womble, who graduated from the University of South Carolina School of Law in 1986, joined Womble Bond Dickinson in 1987. Today, she serves as the Co-President of Clearly Bespoke Strategies, Inc., a strategic advising company. Ms. Womble said of the award: “I am profoundly honored by the award from the law school which began my career as a lawyer-in-training. One of my excellent professors often admonished that when lawyers cease to learn, they cease to be good lawyers. More than three decades later, I’m still a lawyer-in-training. I am forever grateful to my beloved firm which afforded me the singular privilege of raising children whilst working with scions of industry and holders of the public trust in serving some of the firm’s best clients.”

Women in the Legal Industry

The Los Angeles Business Journal announced their “Women of Influence: Attorneys,” list which included Stubbs, Alderton & Markiles’ Heather Antoine. The list highlighted lawyers working for large businesses in legal areas such as data protection and intellectual property law.

Heather Antoine focuses her law firm practice on corporate property and data protection as Chair of the firm’s Trademark & Brand Protection practice, and Co-Chair of the Privacy & Data Security practice group. Some of her credits include features in the Los Angeles Times and CNBC.

Robinson & Cole LLP voted partner Britt-Marie K. Cole-Johnson to join the firm’s Managing Committee, allowing her to participate in the firm’s policy and practice strategic development. This comes after a series of noteworthy recognitions in the legal field: Cole-Johnson was recently presented with the Distinguished Leader Award by the Connecticut Law Tribune’s Connecticut Legal Awards, and she was additionally selected as an honoree for The 100 Women of Color Gala & Awards.

“[Ms. Cole-Johnson] is well-known for her talents as a legal advisor but also for her deep commitment to community organizations. She joined the firm thirteen years ago after law school and has been a true and constant champion for equitable and inclusive business practices within the firm, with her clients, and within the community. I look forward to her bringing that leadership and perspective to our Managing Committee,” said Robinson & Cole colleague Rhonda J. Tobin.

The accolades followed a recent appointment by Connecticut Governor Ned Lamont for the Connecticut Paid Leave Authority board.

Romer Debbas, LLP formed an all-female, diverse Agency Lending & Affordable Housing Department, focusing on representation in the property market. Partner Carmen I. Pagan, and Associates Catherine M. Azevedo and Pamela U. Norbert lead the new team with years of legal knowledge in real estate financing, commercial property law and lending service providers.

The new department expanded the firm’s practice areas in bankruptcy, corporate and business law, immigration, litigation, taxation and trusts and estate law.

For more business of law legal news, click here to visit the National Law Review.

Copyright ©2022 National Law Forum, LLC

10 Law Firm Newsletter Ideas to Attract Clients

How to Start and Grow a Newsletter for a Law Firm

Email marketing often gets a bad rap. After all, we all know the annoyance of getting spam and promotional emails. Much of this content just ends up deep in our inbox. The same can happen to newsletters… especially boring ones.

Don’t let your law firm email newsletter fall to this fate. In this guide, I’ll talk about how to start a successful newsletter and use it to attract clients.

Plus, you’ll get 10 content ideas for creating an engaging newsletter.

Why start a newsletter?

A study conducted by Law Technology Today found that 86% of law firms fail to collect an email address when they acquire a new lead. Starting an email newsletter is one way to prioritize growing your email list and taking down information to nurture users into potential clients.

With this in mind, an email newsletter is about more than just sending a generic email every month; instead, it can be an effective tool for drumming up new business for your law firm. It also gives you a medium through which you can share firm news, build trust with your subscribers, and establish your law firm’s brand.

Benefits of starting a law firm newsletter

Email newsletter marketing offers many benefits to your law firm. Beyond simply sending updates to your email list, an email newsletter can bring the following perks:

  • Connection – A law firm newsletter builds connection with your new and potential clients by telling them more about your firm and offering a way for subscribers to respond directly to your email.
  • Traffic – An effective newsletter can work to drive more users to your website and social media pages.
  • Sales – Newsletters offer a convenient way for subscribers to reach out to your firm, increasing the likelihood that they will turn into new clients.
  • Community – Sending a consistent newsletter can help drive users to your social media accounts, therefore growing your community and visibility on social.
  • Reputation Management – Email provides an avenue for you to build rapport with your audience, get ahead of bad PR, and ultimately build trust in your firm.

How to write a law firm email newsletter

Before you sit down and start typing away at your newsletter, you’ll want to understand the fundamentals of what it takes to write and market a great newsletter. Here’s how to get started.

Define your target audience

Generalism is the killer of many marketing campaigns. If you don’t define your target audience – that is, the interests and persona of the people you are trying to reach – you risk offering the wrong type of content to the wrong audience. And disjointed messaging won’t bring the client-generating results that you want.

Instead, you’ll want to brainstorm a few factors to ensure you are writing for your ideal audience. These factors include:

  • What types of legal services your audience is interested in
  • What legal issues they are struggling with most
  • What questions they’re likely to have about the legal process
  • What their goals are when it comes to hiring a lawyer
  • What interests they have in understanding law, the legal system, etc.

If you’ve been in your field for a while, you’ll likely have an idea of how to answer these questions. If you’re more green, you can always ask your network, social media followers, and existing clients some of these questions to better understand their interests.

Grow your email list

Of course, before you can see results from an email newsletter you’ll need an audience to send it to! Now, building an email list organically takes time, but it’s worth it to build a list of subscribers who are actually interested in your content.

Never buy email subscribers, as these will likely be dead accounts or otherwise users who will never work with you. Instead, invest in blogging and website marketing in order to grow your community organically.

Here are some tips for growing your law firm email list:

  1. Embed a signup form on your website in order to capture users’ contact information (at the very least, their email address and name)
  2. Publish helpful blog content to drive organic search engine traffic and traffic from social media
  3. Offer downloadable content – like PDFs, infographics, guides, etc. – behind a sign-up wall to encourage users to subscribe
  4. Use email marketing software like Mailchimp to add email list signup forms to various pages or articles on your website
  5. Offer value with impactful content. If you’re able to demonstrate that you are an authority in your industry, people will be excited to subscribe for future updates

Plan your content

With your target audience in mind, you can begin to plan your newsletter content. I highly recommend choosing a “theme” and then building out a newsletter based on that theme.

For example, one month you may decide to talk about common mistakes people make in hiring a lawyer. So, you write four newsletters over the course of the month – each one addressing a different ‘mistake’ people make and how to avoid it.

You can use a notebook, Google Doc, or spreadsheet to plan your content and keep organized. Try to plan at least a month in advance so you are prepared with content ideas ahead of time. You can even write your content and schedule the delivery weeks or months out.

Write your newsletter

Whether you consider yourself a good writer or not, drafting a great email newsletter is relatively simple. There are just a few tips to keep in mind to help you produce engaging content every time:

  • Write an eye-catching subject line. Rather than simply say “newsletter”, you can include the actual subject of your email (e.g. ‘Don’t make this mistake…) to entice subscribers to click
  • Make it “scannable”. Instead of typing a long wall of text, break your email content into shorter paragraphs, sentences, or bulleted lists. This makes it easier for readers to ‘scan’ your content and find the content they are interested in.
  • ‘Close the loop’. This is a concept I got from an email copywriter. Open your email with a ‘hook’ – could be a tip, a question, or an intro to a story – and then resolve the hook at the end of your email. For example, you could open with “Many clients make a huge mistake in hiring a lawyer…” and then at the end of the email you say “Don’t want to make that mistake? Here’s how to avoid it…”. This keeps readers interested from start to finish.
  • Add a link. Include links to related blog posts, social media posts, videos, etc. to drive traffic to your other channels.
  • Include a call to action. Either encourage readers to respond to a question (e.g. “What do you think about…?”), contact you directly (e.g. “Respond now to schedule a consultation”), or visit your other platforms (e.g. “Visit our website to learn more about…”).

Use an email platform

Email marketing software like Mailchimp and ConvertKit makes it easy to write, format, schedule, and deliver your newsletter content. There’s no need to create a long CC chain to your subscribers and send your email manually. These tools allow you to send your newsletter to an entire list, schedule the delivery date, add media, and more.

Preview and test your newsletter

It’s always a good idea to preview your newsletter to check if you made any mistakes. Further, send yourself a test email to make sure there are no delivery issues. You can then also see how your newsletter looks on different devices and decide if you need to change up your content.

Send it out

Once your email template is complete, give it a final once-over for any selling issues or mistakes. When you’ve double-checked your content, you’re ready to send it to your email list.

Track results

Most email marketing tools will also provide analytics regarding your email open rate, subscriber growth, or unsubscribe rate. These metrics will help you determine the success of your newsletter and make adjustments over time. For example, if you see that your open rate is low, that may mean you need more engaging subject lines. Or, if there have been a lot of unsubscribes, this may mean users aren’t enjoying your content.

Try these creative law firm newsletter ideas

Now, the funnest part of publishing an email newsletter is the amount of creativity there is in thinking up content ideas. I strongly encourage you to be adventurous with your newsletter and not be afraid of veering from the same old script.

Here are some creative law firm newsletter ideas for you to consider:

1. Topic series

Produce a series of newsletters that cover a primary topic. For example, you can commit the month of November to talk about “DUI FYIs”, in which you reveal helpful tips in addressing a DUI over a series of emails. This approach gets subscribers looking forward to your upcoming emails and makes it easier for you to plan your content.

2. Q&A

The legal process can be super confusing for clients and the general public. With this idea, you can address a single question and answer via email over the course of the campaign. Again, this can encourage users to look forward to your upcoming Q&A sessions.

3. Interviews

Know an industry expert who has a perspective to share? Highlight this individual and provide value to your audience by including an interview in your newsletter. You can do this several times in your email marketing strategy. And, it can get subscribers to ask questions to your email campaign, which is great for deliverability and engagement.

4. Email course

Some topics warrant a deeper explanation. For subscribers wanting to learn more about the legal process or a particular topic, you can offer a multi-step email course. They will have to open each email to get new nuggets of information and to complete the course.

5. Videos

It’s no secret that today’s users love video content. Including videos in your emails is a good way to improve open rates and direct users to your video (typically, your YouTube channel or website). Be sure to include “Video:” in your email subject line to encourage subscribers to one your email.

6. Templates

Many email marketing platforms offer professional-looking email templates you can use so you don’t have to design your newsletter from scratch. A great-looking email could encourage users to engage with your content. Typically, these templates include social media icons as well, which can direct more traffic to these platforms. You can update colors, fonts, logos, images, and more.

7. ‘Get to know me’

When new subscribers join your newsletter, they may not know much about you. A “Get to know me” email can help introduce them to you, your interests, and your approach to law. Keep it fun by sharing interesting facts about yourself, likes and dislikes, hobbies, or whatever you think will be exciting to your audience.

8. Meet the team

Similarly, you can run a “Meet the team” series to introduce your entire staff to your list. This is a great way to build trust and provide that added human connection. If you have a large staff, consider breaking this out into several emails for even more content.

9. Storytime

Email subscribers love a good story. Now, while you don’t want to share any confidential information about your cases, you could share lessons learned from the industry, funny office stories, or a personal life story. You can even slowly tell the story over a course of emails to keep readers interested.

10. In the news

We’ve all come across hot news stories where celebrities land themselves in legal trouble or a large company is going under. Turn trending topics into legal lessons, offer your own unique spin, and make the legal process more relatable to your readers. We are all talking about these pop culture stories anyway, might as well use it for great email content!

Email newsletters build connection with your audience

An email newsletter is one of the best ways to build trust and connection with potential and existing clients. Remember, subscribers care less about “marketing content” and more about the value your firm can provide, the stories you tell, and how you can help them navigate their legal woes.

So, keep things fun and interesting with creative email content. Try different media, switch up topics, and, above all, stay consistent so you nurture a strong, engaged audience.

Copyright 2022 © Hennessey Digital

Article By Jason Hennessey with Hennessey Digital.

For more articles about law firm management, please visit the NLR Business of Law section.

Return to Work Considerations – COVID and the ADA

Employers are contending with difficult challenges unlike any time in modern history. Even though many employees, especially in the manufacturing industry, returned to work after working from home during the COVID pandemic, the effects of the increased flexibility seen during the COVID era linger. Many employees enjoyed the benefits of working from home during the last two years, even if only part-time, and do not want to give up the benefit. By contrast, and especially as COVID restrictions ease, employers often desire their workforce return to work in a more consistent and routine capacity. These tensions are further complicated by an extremely competitive labor market. Recruiting and retaining employees is a challenge in the current environment. Against this backdrop, prudent employers will keep in mind employment law considerations when developing return-to-work and work-from-home policies.

Where should an employer look to determine what accommodations it should make for an employee who wishes to work from home, either due to a COVID diagnosis and/or a condition that places the employee at a heightened risk for severe COVID? Early in the pandemic, local or state health orders answered such questions regarding COVID-related leave. As the pandemic continued, many of those local health orders were rescinded or expired. As a result, employers are left without clear local guidance. When local requirements are of no assistance, employers should look to CDC guidance for quarantining and isolating guidelines.

In addition, employers should keep in mind that COVID may qualify as a “disability” depending on the symptoms and their severity. If an employee tests positive for COVID and is experiencing symptoms that require an absence from work that is longer than the CDC recommended quarantine period, employers should involve legal counsel to analyze whether the employee’s COVID diagnosis constitutes a disability under the ADA. If it does constitute a disability, the employer is then required to engage in the interactive process under the ADA with the employee to determine whether a reasonable accommodation for the disability can be made. Leave can be an accommodation under the ADA, as can working from home, in certain circumstance and for certain roles.

Likewise, some disabilities may heighten the risk of severe COVID symptoms. In the event that such a disabled employee requests an accommodation related to this heightened risk of COVID, the employer should treat the request as it would any request for accommodation under the ADA. As always, employers should seek legal counsel and check local requirements regarding COVID leave when considering accommodations for employees in these circumstances.

Employers have many competing and challenging considerations when determining a company’s return-to-work policy. While the labor shortage, industry, and specific role considerations certainly play a part in those decisions, employers should not lose sight of the ADA’s additional requirements. The ADA may play a role on an individual level and affect whether an employee may seek leave, work from home, or is entitled to other accommodations related to a COVID diagnosis or high-risk factors.

© 2022 Foley & Lardner LLP

Legal News Reach – Season 2, Episode 1: Immigration & Its Impacts on the U.S. Labor Market with Raymond Lahoud [PODCAST]

Welcome to our first episode of Season 2! Rachel and Jessica speak with Raymond Lahoud, a Member of Norris McLaughlin, P.A., focusing on immigration law. Immigration issues are complicated enough, but how does that factor into boosting the U.S. economy?  Listen to our last episode to find out more.

Be sure to also check out the latest episode of Mr. Lahoud’s podcast, “Immigration Matters.”

We’ve included a transcript of our conversation below, transcribed by artificial intelligence. The transcript has been lightly edited for style, clarity, and readability.

Full Transcript

INTRO  00:02

Hello and welcome to Legal News Reach, the official podcast for The National Law Review. Stay tuned for our discussion on the latest trends, legal marketing, SEO, law firm best practices, and more.

Rachel  00:15

Today’s episode is the first of the second season, where we’re broadening our focus to trending topics in the legal industry. Today we’re speaking with Ray Lahoud, Member of North McLaughlin about the impact of COVID-19 on immigration and labor shortages. Ray, would you like to tell our listeners a little bit about yourself?

Raymond Lahoud  00:30

Well, thanks for having me, Rachel. It’s really awesome to be here on this podcast and to talk about such an interesting area of law right now, in the world, particularly immigration law. I’m a partner at Norris McLaughlin, where I serve as the Chair of the Immigration Law Group here. I handle employment-based immigration matters, removal defense, employment, verification, I noncompliance all types of immigration matters, a broad spectrum with my great team of attorneys, paralegals, and assistants here at North McLaughlin. So thank you again for having me. It’s great to be here.

Rachel  01:05

One of the first topics we wanted to focus on here is immigration’s impact on labor shortages. You’ve written a lot about the impacts on the U.S. economy due to labor shortages. Can you explain how immigration can help remedy the situation?

Raymond Lahoud 01:18

I think we can all agree that without labor without employees, without people to go and work in whatever company, whatever organization, whatever place that exists out there that that needs to provide services or goods to the American public needs, needs employees. Without labor, there’s no economy, immigration right now is really a huge part of the employment demand, or the employment shortage share. There’s a lot of Americans who are able to legally work who just don’t want to work or have you know, taken different decisions or different approaches on life or what they want to do with their life. But we still need people to perform some of these essential functions from farming, to nursing care to handling, you know, mushroom picking to manufacturing, immigration is the way that has long proven to be a way to solve that through temporary visa programs through you know, green card programs that existed out there. And under the Trump administration. And when COVID hit, things really got hit pretty hard and really slowed down the ability for people to bring in international employees to the United States that fill that gap.

Rachel  02:29

This has been an ongoing issue. So are there any policy changes on your radar that will help solve this issue, either through immigration or otherwise?

Raymond Lahoud 02:38

The only way to solve this issue is through comprehensive immigration reform. For over a decade now, we’ve been using the number of 11 million people that are in the country without documentation, I think we can all agree that that number is significantly higher, probably 20, or 30 million people, step one is going to be trying to figure out how we handle those 20 to 30 million people or even Federalists 11 million people that 11 to 20 million people that we have the United States without documentation. And that means that some people are going to have to be deported, who you know, may have certain crimes may have certain issues in terms of their background, but a significant number of these individuals have been in the country for a long time, working without authorization, pleading taxes. So there has to be a process of legalization for those individuals, which is the big issue. We don’t what is legalization for them. And then there also has to be a secure border where people can’t just cross the border without any documentation. I mean, every country has borders, borders are important. We can all see how important borders are right now with what’s happening in Ukraine. You know, comprehensive immigration reform includes having an ability for individuals to come into the United States to work to claim asylum if they have to, to help our employers here in the United States who need employees because people are just not taking part or not applying to Americans are just not applying to take on these jobs. The great resignation has, for some reason taken over the United States and it continues. So what do we need? We need comprehensive immigration reform? How do we get there? It’s getting members of Congress to agree daily, I’m talking to clients who will arrive in Pennsylvania and they’ll say how do I start working here I just crossed the border assuming that because they heard on Facebook before they came up here are on TikTok are though like that it would be very easy for them to claim asylum. So I’m dealing with a lot of clients and potentials and individuals who have just recently crossed the border now feel that they’re stuck in the United States because they can’t leave because they have to go through proceedings and they can’t work. I mean, there’s also in this representation, let’s say that we keep hearing the numbers, millions are coming to the United States. There are millions of encounters. So you may have one person try to come to the United States four or five times and each one is considered an encounter. And this is a problem that we see from President to President, by the way, and this is why I say we need comprehensive immigration reform. Because let’s go back to 1986. Ronald Reagan was going to deal with the immigration problem we had, you know, millions of people here in the United States back then. And he did put three amnesty 1213 14 million people were granted permanent resident status, they say that cost the turn of California to a blue state once they became citizens top political. In the end, they’re like going back to that every President has made immigration, much tougher, actually very tough. Actually, it was the administration that puts some of the toughest policies when it comes to what’s called the public charge rule. The way our system is written right now is that the executive branch just has so much ability and authority discretionary ability and authority over what to do or what not to do, what they can do what they can’t do in terms of immigration. And then every time a new president comes in, something changes drastically. So you had Obama come in, then he puts in place DACA, you know, gives eight 900,000 people, you know, a temporary quote-unquote, status, and you have President Trump come in, and he takes it away. And then you have President Biden come in. Again, it goes back to comprehensive immigration reform. It’s all just been patchwork since after ’86. Now we have 11, 12, 13, 14, 20 million people here. So it’s-I think the distaste is, is that we’re going to grant people status, and it’s just going to happen, again, has to be a two-fold fix as to be true, comprehensive immigration reform where we’re not, you know, 10 years down the road, we don’t have another 15 million people that don’t have documentation here.

Rachel  06:34

What can companies do to help deal with this shortage of immigrant labor or just labor in general?

Raymond Lahoud 06:39

Every day, I probably field 20 to 30 calls from employers who cannot find employees. It’s the biggest problem. I think that’s facing our country right now. And I’m not sure where it comes from, I really don’t understand what this great resignation is, I don’t know how people can live. Right now, there are several legal immigration processes that are available. One is the H Tubi. system, which is a great way of bringing in seasonal employees for farms for landscaping, contractors, painters, manufacturing work, which we bring workers over here year after year. The H1-B lottery is another visa process. So there’s visa processes that are out there, it’s good to avail as an employer to not be afraid of these processes to you know, when you’re recruiting globally recruit, and when you find a candidate, seek out an immigration attorney and say, Hey, is there a way that I can bring this person over legally sponsor them? Is there a pathway and there are. You have companies like the bigger tech companies that are getting all the big H1-B visas, you have the bigger farming companies that are getting all the H2-B visas, because the smaller ones are not really availing themselves, the legalized programs that exist there, we have a lot of people who are coming into the country across the border, these individuals, they’re turning themselves into the Customs and Border Protection. So there’s an expectation at some time that, you know, some of them have fears of returning, I mean, that they’re going to start going through processes. These are individuals that will likely have employment authorization documents, within a year or so don’t forget about the American worker offer good wages, offer good benefits offer time off the world’s change right now in terms of how things work. So if there’s, you know, remote operations that you can offer, do that offer child care services, if you could, but you have to be creative.

Jessica  08:25

So I would love to get your perspective since you’ve been involved in immigration law for so long, and you definitely have a great grasp on the history of a lot of immigration policy changes. I know with COVID, you know, the legal industry got backed up in general; just court cases being rescheduled, I would really like to know what the last two years for immigration law has looked for you how has it changed because of the pandemic updates on border restrictions? I’d love to get your take on that.

Raymond Lahoud 08:52

When the pandemic hit immigration really became incredibly, incredibly busy from the travel restrictions to a title 42 at the border expulsions to people that were detained in immigration custody that were getting COVID It was a disaster for a long time for a lot of people. A lot of people out there who are stuck in other countries, you know, travel bans were coming up and moving and changing by the minute. And companies. You know, the companies that we represent, the employers that we represent that keep operating there were essential. They were central companies and they were healthcare companies. They were companies that do industrial manufacturing or handle electricity and the like, so they needed their employees here. So during COVID, we spent a lot of time trying to figure out the ways to bring a lot of these employees into the United States through the waivers that existed. They’re reaching out to the State Department to seek special exemptions. And then at the same time, you know, the immigration to the deportation defense part of it really came to a halt. court hearings were halted for all like non detained cases, which took an already incredibly backlogged immigration court system and took it about I have four more years behind now. So you’re probably looking at a good 10 years before an immigration judge for a trial. And after continuances and the, like 10 cases COVID really spread pretty heavily, we have to file lots of petitions and requests to try to get clients that were detained by immigration out of custody within the United States. So a lot happened during COVID. And when it came to immigration, in those days, there were nights where I was awake at, you know, two, three in the morning, making sure a client was able to get back in.

Jessica  10:34

We’re in such an interesting environment at this point, especially more recently with the Ukraine crisis, but we also had a changing of the hands in the White House, all the different elections. So there’s been a lot of transition period. And you know, we touched on it a little bit already. But the changes moving forward, I mean, now that the pandemic is having some type of release, besides needing that comprehensive immigration law changes, do you see any other changes now that we’re getting out of the pandemic, whether that’s Ukraine specifically, or just in general? What do you think is gonna happen here?

Raymond Lahoud 11:07

I think that we’ve, we’ve moved on to our next disaster with our next emergency, we’ll say, which is Ukraine right now. This is all that we hear about on the news, there aren’t COVID numbers at, you know, at the bottom, how do people are dying, how many people died and the like, I just feel that, you know, Ukraine has as taken over COVID. Now COVID brought on a time of remote hearings, which are still continuing now. The immigration courts, making fun of them with, you know, video, WebEx hearings in Zoom hearings, are able to move them quicker through the system and the like, and I have some serious issues. When it comes to remote hearings. You know, there’s huge due process concerns and having my client be able to testify in person where the judge can see his or her face. You know, there’s some very serious concerns in that. So they’re changes that, you know, came about from COVID, in terms of remote operations and the like, but I don’t know if they’re necessary to our benefit, even for, you know, immigrants work were coming in. And also, you would think that we really learned how to process things a lot faster. You know, what, we’re kind of hit with the crisis, and we just aren’t, you know, our embassies are still in a huge backlog when it comes to processing visas and, you know, fiance petitions and merit-based petitions and the like, but we are seeing movement here stateside within that, honestly, in terms of change. I mean, you just, it’s all patchwork.

Jessica  12:27

If memory serves me correctly, I know the Biden administration has put more emphasis on visas for STEM. I think people coming either for schooling or for employment, if I’m remembering correctly, do you think that’s a step in the right direction, I know it’s another “patch,” but…

Raymond Lahoud 12:43

 The United States has a huge number of international students in the United States, even locally here in what’s called the Lehigh Valley, Pennsylvania, Lehigh, Lafayette, Cedar Crest Moravian, their F huge international student populations and international student populations are critical to cultural diversity to you know, just to the growth of the school and it’s bringing the world together. So as part of it, so students will come here from abroad, Saudi Arabia, countries, China, Japan, Australia, they’ll come to the F1 visa complete their courses here to get a bachelor’s degree. And if they typically, if you come in under the f1 visa, regardless of your degree, you’ll get 12 months of what’s called occupational practical training. And that’s because you 12 months of just training in your, your area of of studies, when you were in school, if you earned a STEM degree science, tech, engineering or math degree, you can get an additional 24 months of occupational practical training. To me, that’s great to me for bringing people here, and we’re educating them, we should keep them here and you know, give them jobs here. I mean, we there’s no reason that you know, we should be training talent and, you know, bringing in talent from across the world, and then just sending them, you know, back to, you know, their home country, particularly if they’re willing to stay and work here and become members of society in good standing that contribute pay taxes. Why not? Even if you were you came in, you knew you were coming in across the border, see, you’re still a kid, and then you turn over all of your information to the government when you’re 17 or 18 years old. And then, you know, four, eight years later, the Trump ministration says that they are going to get rid of it and it goes through courts who put it back in and take it out and put it back in and then there’s an injunction lifted, and these are hundreds of thousands of lives in people’s hands. People really have to recognize that there are faces to these individuals that have deferred action that have temporary protected status that there are faces to them. And it’s more than just politics. But could you imagine if you were in that position with deferred action, not knowing should I finish going to college should I spend the money should I take a job, what do I do next?

Jessica  15:01

COVID already caused a very large limbo feeling if you’re coming from another country, or you’ve been here, and then you might be told, “oh, you gotta go back to where you came from.” And I can’t imagine being young when you come here and then going back to a country you don’t even really know.

Rachel  15:17

So we wanted to get your viewpoints on Ukrainian refugees and immigration, how does this compare to other refugee crises that we’ve had in the past

Raymond Lahoud 15:27

Ukraine refugee crisis has brought the US government to its peak when it comes to refugees, and the like, they’ve acted very quickly, to bring in them what’s called Temporary Protected Status. You compare it to you know, what happened in Afghanistan and the lake, there are a lot of differences, I would say just that how quickly they are granted temporary protected status. You know, if you’re from Ukraine, there’s countries that are setting up policies like Canada to try to bring in people from Ukrainian. And I hope that these policies that these countries are putting together to help refugees in times of crisis will stay for other countries to beyond Ukraine’s. Hopefully this won’t be the last time that you’ll see other countries open their doors to help people. My mom and dad are both born in Lebanon and immigrated here during the civil war in the late 70s. And it was devastating. And the US opened its doors to the Christians from the north, they came in and became an integral part of the society life here in Pennsylvania, it’s good to see that in Ukraine, but we’re going to have other countries that are going to have similar issues. And who knows where, you know, President Putin may stop, we just really have to think long term about it. Because we also have to be realistic. And we can only handle so many people in our country. I hate to say that.

Rachel  16:49

How does that factor into maybe some of the more, like, long-term policy changes that the country could implement? Is there a need to sort of rethink how we bring in refugees, and how many people we can take and how that process really goes?

Raymond Lahoud 17:02

There is, there is, but how do you rethink that? You know, how do you it’s even just saying, you know, how many people can we take in I know you just feel I feel internally bad because you don’t want to turn anybody away, that’s really hurting, you know, and but we have to, thankfully, I’m not in Congress to make up those decisions. But I think there has to be, you know, some sense of reason, and balance. And I’m not really sure what that is.

Rachel  17:29

Like the US has to work together with other countries to make sure that we help them out of people that need to be helped. I don’t think it’s realistic for one country to sort of shoulder most of the burden.

Raymond Lahoud 17:38

It’s very hard to get refugee status. I mean, you don’t just kind of come into the United States and walk-in and may take years to go through I mean, if you’re going to the Iraqi refugee have to go in through the United Nations refugee program, there’s a huge process you have to go through, it’s not easy. The things that happened in Afghanistan kind of made known the issues with our you know, the refugee program and the lake. But it’s not, it’s not an easy process to go through. You can’t just walk into an embassy, US Embassy and say, Hey, I’m I’m afraid of where I’m living, I want to go to United States,

Rachel  18:09

Right, yeah. And I imagine on top of even having to be in a situation where you have to flee your home.

Raymond Lahoud 18:15

Anybody that goes through pain, like a harm or fear, you know, I mean, whether it’s domestic violence, and those are the worst of cases where I have clients who are coming in suffered extreme domestic violence, like at the hands of their spouses and the like, and, and with those, you know, you know, what you do, you can send them back, you know, when that when the spouse is going to kill them on, you know, they’re dead on arrival. And so those are cases that we’re dealing with inside the United States right now. It’s like we have refugees coming in. But we also have asylees, here in the United States that were people who are in here applying affirmatively for asylum, we have a lot of people in the United States that are here on like a protective status we do. We do so much. And other countries are recognizing that if you take a look at Australia, so people are coming into the to Australia, they don’t go into the country, they sit off-island for a long period of time for they claim asylum or anything like that. The other countries that are out there, I think that they all have some pretty unique set of circumstances that are there, and in ours has a lot of issues that we have to really work through.

Rachel  19:16

So you’ve written about policy changes in Pennsylvania aimed at helping undocumented immigrants, you know, entrepreneurs, people who are getting driver’s licenses, things like that. I was curious to get your insight on how you see these changes impacting both immigrants in the state as a whole, like what sort of have been the changes there?

Raymond Lahoud 19:33

Driver’s licenses in Pennsylvania, we’re seeing a movement. New Jersey, just fair aware, they pass legislation in the implement to the driver’s licenses, people who may not have a social security number or the like, right now in Pennsylvania. I believe it’s in the House Committee. It’s being discussed. I don’t see it moving out of there given the current makeup of the legislature. I don’t foresee it happening in Pennsylvania anytime soon. It does keep coming up a lot by members of the State House, I think it’s a good idea because people are driving. Let’s get real. There are people without papers in the United States. I mean, if we don’t realize that, I think that we’re just fooling ourselves. So, you know, it’s if it’s a way for them, they’re voluntarily providing their information, you know, why not register it, they can get their insurance. It’s not a federal issue. It’s a state issue as the as right to get driver’s licenses, it’s state-by-state. Pennsylvania considers that they look at it, they bring it up, but it always fills in committee doesn’t go anywhere. Pennsylvania, has the political planet as a swing state, as we all know, and immigration is a hot topic issue here.

Rachel  20:37

I’m glad to hear that at least it’s even if it’s not, you know, moving forward, I think it being on people’s minds is a good thing. So in terms of changes like that, and maybe large scale changes, like we spoken about how we just need really large scale immigration reform, I was wondering, we could talk about the changes that you think need be made to both attract and retain immigrants in the United States, I think there’s a lot of talk about specifically, after the Trump administration, a lot of international students to stop coming here, you know, the United States is losing talent to countries like Canada and other places like that. So I was curious to get your thoughts on that.

Raymond Lahoud 21:14

COVID-19 opened up a different way of kind of operating, we had spoken earlier, where, you know, these companies are now recognizing that they could get that global talent opened up a facility in India or, you know, have somebody remote in from Canada, or actually just physically move their locations to Canada, or their offices or their manufacturing sites to another country, because it’s easier to bring labor in. I think that other countries are starting to embrace certain kinds of immigration, like I know that Canada is, you know, they’ve implemented that another investment-based immigration system, they’ve made it easier for Indian workers a certain kind of ticket during COVID in the light. So there are countries that are taking no more proactive approach to bringing in people but during the Trump administration, people from abroad really felt they weren’t welcomed in the United States. And I saw that a lot with students, and there was a significant number. It’s coming back, and I’m seeing the numbers come back, and just from the schools locally, that that we’re working with. So in terms of the International Student Program, you know, I do feel that it’s picking back up after COVID. And after the Trump administration, I just think we have to kind of keep going with it to make sure that, you know, we know that the people that we’re inviting into our country, we know that we have to welcome them here and treat them kindly, and work with them. Because we’re just we are one world one people. I’m really just, I think it’s a realist here, and that, you know, you have immigration lawyers who, you know, will just, you know, push things to like an end and say, No, open borders, and you have no people on another end that would say, you know, close everything to anybody. And but I think we have to have recent ability. I mean, you just can’t close the United States to everything. I mean, you can’t close the United States to the globe’s cultures, we just have to find a middle ground. And I hope that, you know, I was able to kind of present some of that reason that no middle ground, that’s there being immigration where it’s hard to take, you know, some things that Trump did weren’t necessarily I’m going to do but if somebody heard me say that, and I will now, you know, they would be shocked at it. But I think that’s what the issue is, is that there’s no meeting of minds. People just become enemies, because somebody has a different political opinion. You know, I think there really has to come a realization that we just can’t shut the borders down completely. And you can’t open the borders up completely. There just has to be a middle ground that we all have to reach in. Our members of Congress really have to grow up and hopefully, they will. And hopefully, they’ll work with the Biden ministration. We’ll get somewhere.

Jessica  23:52

I actually have an interesting question. Since you’re located in Pennsylvania; Lancaster’s, a certified welcoming status for refugees. Do you think that’s helpful in situations like Ukraine? And like if more cities did that, do you see that as a positive direction?

Raymond Lahoud 24:06

I do, I do. I mean, like…Philadelphia has, like a welcome center for Lancaster was one of the counties like that. It’s really what they do with it is, yeah, it certainly hops. The more the better. Governor Wolf has actually taken very proactive actions towards the Ukrainian community here, even locally. But again, there’s more than just the Ukrainian community that are suffering from prosecution. So hopefully, it’ll open our minds to how we deal with other areas and in the future when this happens and how other countries can work together with it. But yeah, it does. It does help because it shows that we care you know, things like that only they can start shows that we care. You know, even if you know, New Jersey, they couldn’t give them give people a real ID driver’s license, but they gave them a license to drive and pencil and they can leave the state drive and add to it, it’s still a driver’s license so they can give What they want to know as much as they can give them and if that’s what Lancaster was able to give them, that’s what it was. They can’t give driver’s licenses but um, you know, that opens up a door for immigrants and to have stuff like that it’s good for them to have programs like that is good.

Rachel  25:14

Well, excellent. Thanks again, Ray for joining us today. We had a great conversation.

Raymond Lahoud 25:20

 It’s really been good being here talking about immigration. It’s an interesting topic. And hopefully, we’ll see things changing in the years to come and I’m here to talk to you whenever. Yeah, thank you for having me.

OUTRO  25:40

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A Lawyer’s Guide to Integrated Marketing

Like many lawyers, I did not learn about marketing in law school. I knew nothing about communications or media relations before law school, either. When I graduated and began practicing at a boutique matrimonial law firm, there was no internal or external marketing resource, and no direct conversations or plans about public relations or branding. One founding partner talked about the importance of reputation for connecting with potential clients and how his connections in the legal community resulted in many referrals, but he never mentioned marketing.

Yet, as I tagged along to bar association meetings, drafted articles that the partner published in a legal journal, and received encouragement to network at Inns of Court sessions, I saw this side of legal practice come to light. We didn’t call it marketing, or PR, and it was well before social media, but I understood that the partner was intentionally marketing the practice and generating awareness of the firm’s experience — an effort that resulted in new client engagements.

When I decided to leave law after a few years, I enrolled in a New York University course about marketing for professional services. As luck would have it, the instructor was Deborah Brightman Farone, an extraordinary legal marketer then and now — she was inducted into the Legal Marketing Association’s Hall of Fame at the organization’s 2022 annual conference. Deborah introduced me to the field of law firm marketing, and since then, I have worked with hundreds of lawyers and professional marketers on business development and integrated marketing plans, and have helped them make marketing part of their daily practice.

Most lawyers need to understand what this marketing thing is all about. I see firsthand their appreciation for the importance of building client relationships, cross-selling expertise within the firm, and networking. However, I don’t see an understanding of the terms and tactics of legal marketing as often. I think that with so much to learn in law school, there just isn’t time to learn the business side of law. Once a lawyer is practicing law, there may be little direction about how to reach prospects and referral sources, stand apart from other lawyers doing similar work, and find time to “market oneself.”

I frequently read articles where lawyers describe their routes to becoming partner or managing a practice or office. The words “PR” or “marketing” may not appear in their answers, but as someone who has advised lawyers about practice growth for more than 20 years, I know that positioning themselves as knowledge leaders played a role in the success of their relationship-building and practice development. And that, of course, is marketing.

This article will take you through five steps I always examine with lawyers who are just getting started with marketing, or participating in a firmwide marketing program.

  1. Acknowledge the Need for Education

Earning a JD and passing the bar exam prepare a lawyer for the practice of law, but not the business of law. My colleague Vivian Hood recently wrote, “Law schools focus on teaching the art of law, and not so much on the art of connections.” Courses about marketing, public relations, or social media are not part of the law school curriculum. Rather, law school teaches students to read cases and apply precedent, analyze facts and frame arguments, and spot the real issues and see the red herrings. Likewise, legal writing courses, moot court competitions, internships, and other hands-on work prepare them for practicing law. Their understanding of marketing may extend to billboards they see on their way to work, law firm ads in legal journals, or networking events with bar associations.

Lawyers know how to practice law, but do not know what marketing is or how it supports business development and revenue. Education is the first step to heightening awareness. On many occasions, I have explained how PR works so lawyers understand the events that result in being quoted in a trade publication, or the behind-the-scenes steps that go into earning a speaking engagement at an industry event.

  1. Discuss Perceptions of Marketing

The only way to know how an attorney perceives marketing is to ask, and then provide guidance about worthwhile and suitable marketing efforts.

Lawyers often shy away from marketing because they associate it with sales. My colleague Glennie Green explains, “Most attorneys envision some sort of sales when the idea of marketing and business development comes up. They see car salespeople, or aggressive pitches for timeshares. But that is the wrong mindset. Business development is not sales. Business development is cultivating and nurturing relationships.”

Relationships can be built in many ways. A common misconception is that marketing success is based on the ability to be a natural rainmaker who can walk into any room and instantly make connections for the firm. That belief can create unrealistic expectations and undue stress, because rainmakers are few and far between. Relationships can be built and nurtured without that unique rainmaker quality. Everyone adapts to situations differently ­— some of us are introverts, others extroverts, or a combination of traits.

  1. Assess the Impact of Previous Experiences

Lawyers may base their perceptions of marketing on prior experiences. Lawyers have told me, “I wrote many articles in the past, and they never amounted to any new business.”

“I traveled to speak at a conference, and not a single attendee turned out to be a new client.”

“I did an interview with a reporter who misquoted me.”

“I have a LinkedIn profile, but I’m not interested in doing anything with it; it’s just like Facebook.”

Many people fear failure, and many transactional lawyers and litigators are driven by winning. It is no surprise, then, that lawyers question the value of something that has not been a winner in the past. Understanding and acknowledging these hesitations can lead to productive discussions about marketing and, more specifically, about techniques that may be better suited for the lawyer.

  1. Discuss the Time Commitment

The billable-hour model of legal practice can affect a lawyer’s availability to market their practice. Too many business-driving commitments will inevitably frustrate a lawyer and diminish the success of marketing. It’s better to work with a distinct set of action items that can take only a few minutes a day rather than many hours each week.

Glennie Green has helped lawyers identify their advocates — assistants, paralegals, the firm’s librarians; people they can partner with to achieve their action items. One managing partner with a busy practice serves as an example of this effort. “He has made a commitment to conduct a certain number of meetings a month with current and potential referral sources,” she says. “He enlists a paralegal in the office to help schedule those meetings, as well as maintain his ‘marketing’ calendar. This allows him to keep his focus on his practice and manage the firm. He regularly checks his calendar for new appointments, and he says he looks forward to seeing whom he will meet with next. Once he realized that he didn’t have to do it all and enlisted some help, his plan and marketing goals became not only manageable but systematic.”

  1. Find the Comfort Zone

Marketing efforts must be tailored to a lawyer’s personality and interests. Everyone has a different comfort level. Some lawyers love to speak at conferences, and others would rather research a case and write an analysis for a journal. One lawyer may already enjoy engaging on social media, and another may feel crushed for time but would be amenable to doing a 30-minute interview with a reporter. Perhaps a lawyer may enjoy participating in an association’s events or committees. Green explains, “Knowing a lawyer’s areas of confidence, and recognizing what causes any discomfort, is crucial to establish the right marketing plan with the flexibility to change direction as needed.”

The avenues for marketing include website content and branding, social media posts and engagement, media relations, published quotes and articles, rankings submissions and awards, conferences and speaking opportunities, networking, events, and more. The questions and conversations I’ve provided lead to more precise choices of marketing tactics, as well as more informed expectations of results. An integrated marketing and business development program offers lawyers a selection of tactics, with deliberate matching to their preferences and the flexibility to change as needed.

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