Russia Russia Russia! The Biden Administration Imposes Tough Sanctions on Russia

This week has been a week of significant foreign policy action. Today, President Biden issued a new Executive Order imposing new tough sanctions on Russia for its interference in the U.S. 2020 presidential election, as well as the SolarWinds cyber-attack that impacted multiple U.S. government agencies. This action was taken a day after Secretary of State Blinken stated strong concerns about the increase in Russian troops along the Ukrainian border. Earlier this week, the 2021 Threat Assessment report published by the Office of DNI (Director of National Intelligence) also cited Russia as presenting “one of the most serious intelligence threats to the United States,” noting a variety of provocative actions relating to cyber, military, and intelligence activities.

Background on the New Russia Sanctions

At a high level, today’s E.O. prohibits certain dealings in Russian sovereign debt, and authorizes targeted sanctions on technology companies that support the Russian Intelligence Services’ efforts to carry out malicious cyber activities against the United States and its partners and allies. Under the E.O, the Treasury Department also announced the designation of over 30 Russian individuals and entities that carried out Russian government-directed attempts to influence the 2020 U.S. presidential election, and other acts of disinformation and interference (see full list here). In conjunction with the E.O., the U.S. expelled ten Russian diplomats that include representatives of Russian Intelligence Services.

The White House’s statement noted that these measures send “a signal that the United States will impose costs in a strategic and economically impactful manner on Russia if it continues or escalates its destabilizing international actions. This includes, in particular, efforts to undermine the conduct of free and fair democratic elections and democratic institutions in the United States and its allies and partners; [and] engage in and facilitate malicious cyber activities against the United States and its allies and partners ….”

What Triggered these New Sanctions?

Last year, SolarWinds, a major U.S. information technology firm, was the subject of a cyberattack that impacted its clients’ data, including multiple U.S. government agencies and Fortune 500 companies. In December, then U.S. Secretary of State Mike Pompeo said he believed Russia was behind the attack but U.S. investigators “were still unpacking precisely what it is.” Today, the U.S. has formally named Russian Foreign Intelligence Service (SVR) as the force behind these cybersecurity hacks on SolarWinds.

In addition to the attack on SolarWinds, the Biden Administration cited Russia’s attempts to influence the 2020 U.S. presidential elections, and other acts of disinformation and interference as triggers for these sanctions.

New Prohibitions on U.S. Financial Institutions on Dealing in Russian Sovereign Debt

Under the E.O., the Biden Administration issued Directive 1 generally prohibiting U.S. financial institutions from transacting in ruble and non-ruble denominated funds and bonds. This directive expands upon existing prohibitions on certain dealings in Russian sovereign debt that have been in place since August 2019.

Specifically, as of June 14, 2021, U.S. financial institution are prohibited from:

  • Participating in the primary market for ruble or non-ruble denominated bonds issued after June 14, 2021 by the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation, or the Ministry of Finance of the Russian Federation; and
  • lending ruble or non-ruble denominated funds to the three aforementioned entities.

The immediate impact is on U.S. financial institutions, including its foreign branches, that may be dealing with Russian sovereign debt.

E.O. Authorizes Targeted Sanctions

The E.O. also authorizes targeted sanctions on persons that have supported Russia’s efforts to carry out malicious cyber activities against the United States and its interference in U.S. or foreign elections, among other things (see Section 1 of the E.O., found here). Any action taken pursuant to the E.O. requires a determination by the Treasury Department in consultation with the State Department. But, we wouldn’t be surprised if additional designations come out in the next days or weeks under this authority.

We expect that measures will be taken against high-ranking Russian officials and technology companies with close ties to Russia’s Intelligence Services. For example, among those entities already designated under the E.O. are ERA Technopolis; Pasit, AO (Pasit); Federal State Autonomous Scientific Establishment Scientific Research Institute Specialized Security Computing Devices and Automation (SVA); Neobit, OOO (Neobit); Advanced System Technology, AO (AST); and Pozitiv Teknolodzhiz, AO (Positive Technologies) (see here).

In addition to the primary sanctions outlined above, the E.O. authorizes secondary sanctions to non-U.S. persons that provide “financial, materials, or technological” support to persons sanctioned under the E.O.

While the short-term impact will likely be on U.S. financial institutions, the broader message is that this Administration is not going to be shy about stiffer sanctions on Russia. Though the financial sector will always be a ripe target for sanctions as a foreign policy tool, if Russia’s aggression increases, we may see other sectors being targeted as well.

We will keep monitoring and updating as news develops.

Copyright © 2021, Sheppard Mullin Richter & Hampton LLP.

ARTICLE BY Fatema K. Merchant and Mario Andres Torrico of
Sheppard, Mullin, Richter & Hampton LLP
For more articles on Biden Administration sanctions, visit the NLR  Election Law / Legislative News section.

The Sesame Seed Scandal!

Back in September, Belgium informed French authorities, via the RASFF, that ethylene oxide had been found in imported sesame seeds. The amount of ethylene oxide surpassed the maximum amount allowed under regulations. Subsequent DGCCRF checks have shown that other products (like spices) may also be contaminated.

Investigations are ongoing, but French health authorities and EU member states have taken measures to withdraw or recall any contaminated substances, the list of which continues to grow…

Le scandale des grains de sésame prend de l’ampleur !

Ce qui – en septembre – semblait être limité aux « graines de sésames », prend aujourd’hui une toute autre dimension. En effet, il s’agit de signaler comme potentiellement dangereux tout ingrédient alimentaire ayant été traité à l’oxyde d’éthylène.

Et la liste s’allonge…..

© 2021 Keller and Heckman LLP

ARTICLE BY Food and Drug Law at Keller and Heckman
For more articles on food and drug law, visit the NLR Biotech, Food, Drug section.

Teaching Tips for IP Trial Lawyers

Imagine this scenario: Your star witness, an expert on the topic of prosthetic device microprocessors, has been on the stand for an hour discussing the history of prostheses, the nature of integrated circuits, and the two-part test for determining actual controversy. Thus far, he has relayed his testimony calmly and thoroughly. You are so pleased with his performance, your confidence concerning the trial outcome is beginning to swell. When you look over at the jurors, however, your optimism is dashed. One juror is rubbing her temples. Another has departed into a daze. And several others are grimacing. “Why aren’t they paying attention?” you wonder.

In response to being slapped with too much complex information, your jurors are showing signs of anxiety. When information overwhelms them, jurors exhibit a panoply of physical and mental responses. They might, for instance, shrink back in their seats, slump their shoulders, roll their eyes, and sigh loudly. They may feel insecure, frustrated, and even angry. Were it not unseemly courtroom behavior, jurors (and even judges) would audibly groan, “ugh.”

If you are a trial lawyer who specializes in intellectual property cases, you have probably observed these sorts of responses. Jurors often do not understand the technology that is at issue in the case. Many of them possess little inkling about the workings of trademarks, patents, or copyrights. They understand they have a duty to reach conclusions based on evidence, but that obligation becomes impossible to fulfill when they find the evidence incomprehensible.

If you spot jurors exhibiting these signs of anxiety during trial, your IP case is in danger. Their responses indicate they have stopped listening to your argument, and thus, you have lost out on an opportunity to gain support for your client. Even if you eventually rouse these jurors back to attentiveness, the likelihood that they will side with your client has been diminished.

That is the bad news. The good news is, you can present complex material to jurors without triggering their malaise. It is not the material that is the problem, it is the teaching methods you and your witnesses are employing. This article reviews effective teaching techniques you can use in the courtroom. Employing them will make your jurors sit up, lean forward, listen, understand your case, and perhaps even enjoy jury duty.

GETTING JURORS TO “I GET IT”

Good teachers understand how people learn. In order to teach jurors, you must understand that process too. Once these connections are made, people progress to the second stage of learning in which they incrementally add layers of new information to knowledge they already solidly possess.

Here is another way to look at the learning process. It can be likened to plants growing on a garden lattice. The lattice is the solid base that enables plants to grow, just as familiar concepts act as a base that allows new ideas to bud for jurors. Slowly, plants sprout on the lattice, just as new knowledge begins to blossom for jurors. Eventually a garden grows, and for jurors, this garden is your argument. By allowing new information to slowly take root in their psyches, you enable them to eventually see your argument in its entirety. Jurors are then able to use this new information to properly perform their duty to carefully weigh the evidence in the case.

A TEACHER’S TOOLKIT

The most effective classroom teachers use stories, analogies, and visual images to relay information to students. IP trial attorneys should employ these tools as well, and the specifics must be planned out and tested long before a witness takes the stand. Before getting into the nitty gritty of the technology at issue in the case, jurors should be provided the overarching story of the case—who did what to whom, when, and why—and most importantly, jurors should always be provided with the reason why they should care. When the case involves particularly complex topics, analogies that relate to concepts with which jurors are already familiar should, at the outset of the learning process, be used in place of complex case facts. As well, use pictures to help jurors visualize invisible concepts. Interactive tutorials can be particularly helpful since they enable jurors to study images and information at their own pace. When the timing of events at issue in the case are important, timelines should be displayed.

Just as the precise stories, analogies, and visual images teachers use depend on the subject matter they are presenting, the specific tools you will use will depend on the issues in your case.

The best stories, analogies, and visual images will have five characteristics in common.

The Five Key Tools Will:

  1. Use real-world language
  2. Employ familiar concepts and ideas
  3. Leverage memorable imagery
  4. Intrigue the listener
  5. Facilitate incremental or paced learning

HOW STORIES, ANALOGIES, AND PICTURES ENABLE COMPREHENSION TO TAKE FLIGHT

Let us say that you are defending an entrepreneur in a patent infringement case. In order to comprehend the evidence in the case, the jurors need to understand the concept of the enablement requirement for patent applications. Your expert witness might explain that the patent system has three primary disclosure requirements. These requirements consist of enablement, written description, and best mode. The enablement requirement compels the patent applicant to disclose the invention in a manner that allows a person of ordinary skill in the art to make and use the invention without an undue amount of experimentation. She might add that enablement is the only disclosure requirement internationally mandated by the agreement on Trade-Related Aspects of Intellectual Property, or TRIPS.

While there would be nothing inherently faulty about her explanation after hearing it, the jurors would be holding back their “ughs.” They would find the narration boring and barely comprehensible, and they would dread the prospect of spending the next few days sitting through similar testimony.

Now imagine how much more effective the expert would be if she started off discussing humans’ age-old desire to fly. “Every person has longed to fly at some point,” she might say. “Children try to fly off couches, adults dream of flying at night, and the Greek myth of Icarus centers on what happens when the joy of flying overtakes common sense.”

This story is appealing because it uses familiar concepts (Tool 2) and memorable imagery (Tool 3) to hook the audience.

The witness might go on, “People tried for centuries to build contraptions that would enable the dense-boned, unfeathered human mammal to fly. Many people died trying. Even the genius Leonardo da Vinci tried to come up with a flying machine. He eventually ended up declaring, ‘I have wasted my time.’”

By mentioning this famous artist, the expert will have again introduced subject matter with which jurors are familiar (Tool 2). And the fact that he tried yet failed at something will create intrigue (Tool 4) in jurors’ minds.

“None of these inventors could have received a patent under U.S. law,” your expert could explain, “because none of them successfully ‘enabled’ their ideas.” She might add, “In other words, their ideas didn’t work.”

Now she would be using everyday language (Tool 1) to communicate with real-world people.

“But man’s quest for flight finally was achieved, on December 17, 1903,” she could continue, “when brothers Orville and Wilbur Wright built and, yes, successfully flew the first airplane. Unlike everyone before them, these two Ohio bicycle makers successfully ‘enabled’ the idea of a flying machine by making a machine that actually flew. As a result, the US Patent Office granted the Wright brothers a patent to protect their years of hard work from any imitators. ”

(call out) When graphic displays are used, an already-interesting story could become riveting.

Suppose that during the expert’s testimony, jurors are shown how flying inventions evolved throughout the years. The progression and timing of inventions might be portrayed by building, bit by bit, new layers upon old inventions. As the witness talks about early attempts to fly, you might show Leonardo da Vinci’s sketches from the 1400s. You could then show pictures of aircrafts created by later inventors, such as the designs Sir George Cayley created in the early 1800s and the flying machines Claude Givaudan and Louis Bleriot made in the early 1900s.

By creating a graphic that layers crucial information, you will have facilitated paced learning (Tool 5).

The expert’s story might end with a display of the Wright brothers’ patent application and a historical photo of their machine actually taking flight. And just like that, your jurors’ understanding of the concept of enablement will have taken flight as well. They will realize that it was not enough for previous inventors to possess good ideas. Only once the Wright brothers created a machine that could actually fly was their invention enabled. The invention was worthy of a patent because now someone with requisite skill could actually copy and use this invention.

READY FOR TAKE-OFF

Without ever hearing one complex case fact, jurors can come to understand the issues at the crux of your case. Stories, analogies, and visual displays, will keep them interested in your presentations and enable them to painlessly accumulate a sound base of knowledge. With that base in place, they will then be ready to hear about the specific technology and other evidence related to your case. Chances are high, if you are willing to use effective teaching tools, jurors will not only understand your arguments, they will support them.

© Copyright 2002-2021 IMS ExpertServices, All Rights Reserved.
ARTICLE BY Chris Ritter of IMS ExpertServices
For more articles on IP trials, visit the NLR Intellectual Property section.

Easy But Impactful Ways to Stay in Touch With Your Professional Network

It’s so easy to be forgotten today when we are not seeing each other in person on a regular basis.

That means the onus is on you to maintain relationships with your professional network with the tools you have – and right now that’s virtually.

The most compelling reason to contact someone in your professional network is to provide them with something useful — and, trust me, people really want to hear from others, especially during this very isolating time.

Your goal right now should be to keep in touch with your professional network and to provide information of value to them that enables you to showcase your expertise without being boastful or salesy.

If you do this right, you’ll never have to sell anything or use an elevator pitch. Very often an individual is retained due to word-of-mouth and referrals. And repeat business is given based on your past performance and likability. Lay the groundwork today for future success.

You may already feel your firm is doing everything it can to acquire new clients, but what strategies have you put in place to retain existing clients, and how are you interacting and communicating with them?

After all, it’s far easier and less costly to keep an existing client than to bring on a new one.

When your clients feel that you value their business, their loyalty and brand preference grow. And when they benefit from valuable advice, client service and responsiveness, they could refer their friends and colleagues to you, and become your loyal brand ambassadors.

A timely thought leadership piece covering a topic that addresses issues top of mind for your clients can be gold at a time like this, and lead to the opening of doors and opportunities.

Make sure to send it via individual email to select contacts with a personal note and send a regular email newsletter to your contacts/clients. This is the best way to reach your clients and potential clients because it goes directly to their email inboxes.

You could also write a short email note just checking in on your clients/referrals/other VIPs to see how they are navigating working from home and managing the demands of family life.

This is the time to build relationships that go beyond the perfunctory “how was your weekend” – especially when someone’s kid or dog is appearing in a Zoom and we are all revealing much more our personal lives. A short note is more than enough to let people know you care and to keep you top of mind with them.

Of course don’t forget about using LinkedIn (and other social media platforms that work for your client development) to your advantage.

It’s not enough to have a strong profile or a lot of connections – you must use the platform to share posts in order to maximize the power of LinkedIn.

Social media success can be achieved by being active and liking, sharing and commenting on posts and also creating posts of your own – these actions will help to keep you top of mind, enabling you to showcase your expertise without being boastful while allowing you to provide value to your contacts.

This could lead to new relationships or referrals or new business.

Here are a few more ideas for how to stay top of mind with your contacts in a meaningful way:

  1. Build online rapport and relationships by following people you admire on LinkedIn. Supporting others helps you build a strong network and stronger relationships.​
  2. Take the time to build compelling online content that provides prospects with valuable information on how to solve their most pressing problems possibly caused by the crisis, and then make that content available across your digital ecosystem. This is your chance to build your brand, strengthen relationships, create trust and grow demand for your services.
  3. If you are on a group Zoom happy hour or networking event, note the participant list so you can connect with each person afterwards on LinkedIn. ​
  4. Groups are a great way to expand your network on LinkedIn. They have gained traction since the pandemic and give you access to many other business professionals who are interested in the same topics as you. ​
  5. The Advanced Search tool on LinkedIn is another great way to strategically expand your network. Use LinkedIn filters to search by keyword, for example job title, location, company or school. Premium LinkedIn accounts enable you to conduct wider search parameters and saved searches.​
  6. Share posts written by others (prospects, colleagues, your company, your clients, etc.) or create a post based on something you wrote or an article you found that was interesting in a trusted news source (such as the Harvard Business Review, the Wall Street Journal, the New York Times, Forbes, Fortune, a trade publication – you get the gist). Staying top of mind is the key to success on LinkedIn.
  7. Like and comment on LinkedIn posts that you think are valuable and share the posts with your connections and in groups.​
  8. Regularly share content that is valuable to your connections on social media with brief introductory text on why they should read it. Highlight a few key points in your synopsis, use the @ sign to mention anyone in the post and always use an eye-catching visual and the right hashtags to accompany your post.​ Providing status updates on a regular basis keeps you visible to your network.​
  9. Be generous by liking and sharing others’ posts and congratulate others on their successes, especially your VIP connections. While they may not be ready to hire you at this moment, they will likely be in that position in the future. When they reach that point, you will be top of mind.
  10. Make it easy for clients and prospects to connect with you by including your updated contact information on all of your social profiles and making it visible to everyone not just your connections. Also, if you list your work phone, make sure that it is being forwarded to your cell during the pandemic.

Make sure your clients and prospects don’t forget about you – especially now when we are social distancing– with information that is useful, consistent and by being thoughtful and helpful.

Copyright © 2021, Stefanie M. Marrone. All Rights Reserved.

ARTICLE BY Stefanie M. Marrone of Stefanie Marrone Consulting
For more articles on legal marketing, visit the National Law Review Law Office Management section.

Are Employers Required to Pay For Employee Time Spent Receiving COVID-19 Vaccine?

Although millions of people in the United States have been vaccinated since COVID-19 vaccine distribution began in December 2020, a large percentage of the population still remains unvaccinated. Many lawmakers and companies are brainstorming ways to remove barriers to individuals obtaining the vaccine, especially frontline workers who remain at a higher risk of COVID-19 exposure and infection. One such barrier is the time away from work that may be required to obtain the vaccination and the risk that the time will be unpaid. Many employers, including manufacturers, are questioning whether they must, or should, provide employees with paid time off for time spent related to obtaining the COVID-19 vaccine.

On the federal level, there is generally no law specifically requiring payment for employee time spent obtaining the vaccine or recovering from side effects or complications other than as it relates to federal contractors that may be required to provide paid sick leave. That being said, some companies that voluntarily choose to provide their employees with such paid time may be eligible for tax credits under the Families First Coronavirus Response Act (FFCRA).  While the requirement to provide paid leave under this law expired at the end of 2020, the Consolidated Appropriations Act (CAA) extended the availability of the tax credit to employers who voluntarily provide such leave through March 31, 2021 and the American Rescue Plan Act of 2021 (ARPA) subsequently extended the availability of the tax credit through September 30, 2021. It is important to note that previously, if an employer provided paid sick leave to an employee and claimed a tax credit for the leave provided to that employee in 2020, the employer was not able to claim the tax credit for any leave provided to that employee in 2021. However, ARPA now permits employers to receive a payroll tax credit for up to ten additional days of paid sick leave for employees starting April 1, 2021 (even if the employer previously took a tax credit for paid sick leave for those employees prior to that time). This means that employers may now offer up to an additional ten days of paid sick leave to employees, even if the employee exhausted his/her FFCRA leave in 2020 or the first quarter of 2021, and the employer may still claim a tax credit for this leave. Importantly, ARPA also expanded the qualifying reasons for paid sick leave to include time spent obtaining the vaccine and recovering from any injury, disability, illness, or condition related to vaccination, among other reasons.

On the state level, there may be laws that require payment including more recent laws that have been passed. For example, New York recently enacted a law that requires all public and private employers to provide employees with four hours of paid leave, per dose, to obtain the COVID-19 vaccine. Additionally, existing state and local paid sick leave laws may cover time spent obtaining the vaccine (e.g., preventative care) as well as time spent recovering from side effects or complications or assisting a family member in this regard.

Additionally, payment may be required under wage payment laws. Depending on the circumstances, exempt employees may be entitled to their full salary for time off (both hours and days) related to obtaining the COVID-19 vaccine. Further, employers that implement mandatory vaccine policies may be required to pay for the time obtaining the vaccine as such time may be considered “working time” even if it occurs outside normal working hours.

Copyright © 2021 Robinson & Cole LLP. All rights reserved.

ARTICLE BY Abby M. Warren,  Alisha N. Sullivan and Emily A. Zaklukiewicz of  Robinson & Cole LLP
For more articles on COVID-19, visit the NLR Coronavirus News section.

“I always make it the lawyers’ idea.”

Marketer: “When I want to get the lawyers on board, I always make it their idea.”

I’ve never cared for that approach — that’s not respecting the lawyers as intelligent adults. That’s infantilizing them; it’s treating them like children whose little egos need to be soothed and pampered so they don’t throw a tantrum. I say the heck with that.

They’re smart, tough, professionals who only bestow their respect upon those who have earned it. And marketers who let others to take credit for their ideas are teaching their employers that they don’t have any good ideas of their own. That’s not demonstrating that you’re invaluable and need a big raise. Rather, you’re making yourself replaceable by someone younger, cheaper, or less experienced.

Some time ago, I was asked on a Legal Marketing Association (LMA) email group how I structure my arguments to achieve effortless buy-in of innovative ideas and initiatives with skeptical groups of lawyers and marketing committees. My fundamental point was that it all comes down to education.

As a simple example, let’s say we’d like to redesign a firm’s letterhead  to remove a long list of lawyer names. We’ve done this dozens of times for firms of all sizes, and I always follow the formula detailed below. Once I figured out this secret 25 years, I increased my professional effectiveness by 1,000%. It’s arguably the most vital lesson I teach marketers.

I think this is critical for everyone who works with lawyers to thoroughly understand.

First, as I regularly comment, “If (1) what I’m recommending is the best idea or action, and (2) I can teach lawyers what they need to know to position them to make a good decision, then (3) they should see that I’m right and agree with me.”

However, if they disagree with what I’m proposing, then either (1) I was wrong, (2) they’re stupid, or (3) I’ve failed to educate them sufficiently.  I don’t know any stupid lawyers, which means that any battles are likely caused by a poor job of educating the lawyers. And that’s our fault, not the lawyers’.

I can explain something to marketers in two minutes that takes me an hour-long presentation with 50-100 PPT slides to explain to lawyers. Most marketers and administrators come from a similar vantage, experience, and frame of reference — we start generally on the same page, and we’re open to new ideas.  Lawyers are not especially open, they don’t know much about marketing, and they have an exceptionally skeptical thought process.

That’s not a criticism, it’s many marketers’ personal experiences in marketing committee meetings. As marketers, we spend 8 hours a DAY thinking about marketing — our lawyers may not spend 8 hours a YEAR.  We exhaustively research every variable before recommending a particular course of action to the marketing committee. Why should we expect lawyers to be able make an intelligent, educated, and correct decision the first time we throw it at them? 

Regardless, in spite of their lack of information and education on any particular topic, if the lawyers are asked, they’ll always have an opinion.  And once they voice that opinion in front of others, it’s very difficult to persuade them to change it. So before we allow them to subconsciously formulate that opinion, we must get them to buy into our view on the topic.

Here’s how I do that:

First, I do not lead with the conclusion. That is, I do not open with a general topic sentence using the classic journalistic style, something like “I think we should remove the names from our letterhead,” If I do that, they’ll disagree and pick me apart. They’ll identify 100 reasons why that’s a dumb idea, for example:

  • “We’ve always done it this way!”
  • “Everyone does it this way.”
  • “My clients like seeing my name near the top!”
  • “It’s more traditional, it’s classier.”
  • “It shows how big we are.”
  • “We don’t want people unknowingly calling our associates.” Etc.

I can never let that argument start.

Once it does, I’ve already lost. I’m done. It’s dead.  Even though I may be 100% right, once they start piling on with “And here’s another reason you’re wrong!” it’s too late. I spent a lot of my early years in marketing losing important debates with my lawyers even though what I was advocating was right. In a free-flowing debate, they’ll win. They love arguing and they won’t stop until you give up, because from their experience they’re right and you’re wrong. So we must first provide them the information required to position them to make a well-informed decision.

Instead, I might start by quickly discussing design trends in the legal marketplace, what the leading firms are doing (discussing firms they’d aspire to become).  I show actual examples of beautiful design from competing local firms (you can get them from your printing company), that don’t have the lawyers’ names on them.

I’ll validate that what they currently have was the right answer at the time it was created, that it looked absolutely beautiful. That is, I’m never suggesting that the original design was bad or poorly conceived, simply that since then, design has changed — as it always does over time. I might mention other obvious types of designs that have changed since the time this letterhead was created, i.e. it’s not just the firm’s letterhead — men were wearing three-piece suits, suspenders, and yellow ties, while women lawyers wore stiff, poofy hair and dresses with shoulder pads rather than the more open and casual approach we have today. Design changes have been spurred by the clean lines of Apple and the Internet. The business culture is less formal than it was back then and today’s design reflects that.

That is, I create hard evidence in support of my argument.

I might provide highlighted copies of any articles and blog posts that I can find that discuss and support the removal of names from the letterhead.  I pull relevant quotes from articles, blog posts.  

I’ll ask a friendly engraving or printing company how many of the past 25 letterhead re-designs they’ve printed have included all the lawyers names, and quote them. I’d ask a client/friend which design they prefer and provide the results, e.g. “I think having the lawyers’ names along the margin looks silly, and alphabetizing them implies that the most-senior lawyers have giant egos. At my company, we want to show our younger employees that we value them.” Lawyers are persuaded by client quotes. Note, whatever I’m advocating, I make a persuasive, logical evidence-based case for change. This helps the lawyers think “Huh, that makes sense. I never thought about it that way.”

I’d print out a sample letter on the current letterhead, then paste that same text into one of the printing company samples that have larger margins because they don’t have all the cluttering names on them, and show them how much more content fits on the new style — fewer two-page letters.

THEN, after they’re fully educated about this topic (this should take 15-20 minutes), NOW I can suggest that I’d like to update the firm’s letterhead to the same type of modern layout that all the top firms are using. At this point, they have learned why what they have isn’t good any more. They may have walked into the meeting loving their stationery, but 20 short minutes later, I’ve taught them to hate it, in a friendly, educational, interesting, and highly professional way, and lawyers love learning new things.

This is the structure I use when pitching anything — e.g. a new brand or website.  I recommend that all marketers and administrators use it regardless of what we are seeking their agreement to — whether it’s a new piece of technology we want to purchase, a marketing-training program or other initiative we want to launch, a new employee to hire, or a big raise or bonus.

One added benefit of doing it this way is that we don’t have to “make it the lawyers’ idea.” I want marketers to make it YOUR idea. It’s a GOOD idea, it’s the RIGHT idea, and we are gradually teaching the lawyers that we are high-quality professionals whose ideas and efforts they should respect and trust. We’re not winging it, we’re approaching our decisions with a thoughtful, well-researched process and methodology that they can understand and respect, just like they’d have done it themselves if they were in our shoes. Lawyers appreciate that.

At least that’s how I approach it, and it’s served me well in conversations with lawyers and marketing committees for 25 years.

What do you think? What works for you? Do you have a different perspective?

© 2021 Fishman Marketing

ARTICLE BY Ross Fishman of Fishman Marketing, Inc.
For more articles on legal marketing, visit the NLR Law Office Management section.

Relationships Creating Commerce: How to Get the Most Out of Professional Networking and Referral Groups

Since in-person networking opportunities, such as industry conferences, are almost non-existent during the coronavirus pandemic, professional networking and referral groups are gaining popularity and becoming the go-to choice for creating referral relationships for lawyers. The format, makeup and style of the groups may vary, but the overall concept and purpose are the same: Grow your network, obtain new clients and bring in more revenue.

If you are thinking of joining a professional referral network, there are a few best practices, factors and concepts to keep in mind.

Your Circle of Trust

We all know it takes time to build your network the old-fashioned organic way — attending networking events, speaking at conferences and just meeting people over time. However, joining a professional networking and referral group will accelerate the growth of your network in three ways.

  • Joining the group expands your network immediately, since these groups typically have 20 to 30 members.
  • Those 20 to 30 people in the group are trusted advisors to their clients. As a fellow group member, they come to know you as someone they can trust. If their clients have a need that you can fulfill, your cohort will not hesitate to refer you. You can think of it as having 20 to 30 salespeople working on your behalf in the market.
  • Practicing the law of reciprocity is an accelerator. For every introduction you provide to your fellow members to help grow their networks, you can anticipate the boomerang effect because the person you gave to will want to return your gift in kind.

Selecting the Right Group

Several group options are available; joining the one that’s right for you is key to gaining value for your time and investment. Most professional networking groups have a monthly membership fee that, for the most part, is comparable, so don’t plan on distinguishing based on cost. There are four other factors to consider when you are deciding which group to choose.

Ask about the selection process — not only whom the group recruits, but how. For example, in an invitation-only process, you must attend a meeting first and if there is a mutual fit, the group extends an invitation for you to join. Consider how the group fills its rosters. Does it vet member candidates to ensure they have extensive tenure within their practice areas? Does it require that groups are curated with a mix of focuses to maximize cross-referrals?

You should also ask about the attendance policy. Make certain the required time commitment is a fit, because it’s important for presence to be a priority. You need your fellow members to attend consistently and participate actively to truly refer each other. The group should meet monthly at a minimum, and should also create opportunities for fellow members to network in smaller groups between monthly meetings.

Consider the broader networking opportunities the group offers. How large is the total network? How does it create opportunities to meet geographically distant members? Does it offer affinity or subgroups? There is added value to your membership if you can network regionally or nationally as well.

Finally, research the makeup and history of the organization itself. Does it have a credible story to tell about its members and opportunities? Does it have a strong onboarding program and proven systems for how members meet and create commerce? Does the organization have a tenured support staff? Another key benefit is if the organization provides a platform to share thought leadership, news and accomplishments, as well as a community board to ask for needed introductions and referrals.

The Perfect Combo Creates the Ideal Referral Source

Some professional referral networking groups have a specific formula or membership mix that encompasses a broad range of practices or professions. Such groups usually allow just one representative or member from each area. While all of your fellow members are potential referral sources, a handful will naturally complement each other and lend themselves to creating opportunities to cross-sell and cross-serve the same client. A best practice is to focus on these particular relationships within your group. Meet with these complementary professionals often and discuss creative strategies to create combined offerings for each other’s clients.

If you expect to gain quality, be sure to educate your fellow members about your ideal client and referral. Be sure that your fellow members know and understand where your ideal client can be found, and how your ideal client typically finds you. Let your group know about where your target-rich audiences are, the most common reasons you are retained and the kinds of problems you solve.

The Law of Reciprocity

One business development strategy that will always harvest results is to fulfill a need for the person you’re trying to gain something from. Regardless of what it is (an introduction, a recommendation, a referral, expanding your current work, or gaining new business or a new client), your only focus and approach should be that of a giver, not a taker. Members who grow their businesses from group relationships do so because they focus on giving referrals, as opposed to seeking referrals.

The “giving” doesn’t always have to be a referral. It can be a recommendation, a solution to a problem or a shared idea. The law of reciprocity will always work because the receiver naturally wants to return your “gift” in kind.

Bottom Line: Trusted Advisors Create Commerce

Other best practices of professional networking are obvious: Attend your group meetings regularly and participate actively. Consider providing educational training and thought leadership to the group as well as serving on leadership committees or boards.

The benefits of a professional referral network are far-reaching. Winning one new matter or client will pay for your membership. There is also more juice for the squeeze, since the time you commit to membership is actually minimal compared to other business development activities, especially those that involve cold networking, such as sending unsolicited emails or social media invitations. You also enhance your own value to your clients because you have an ever-expanding network of trusted advisors and referrals to tap into.

In a world where you should never underestimate the power of a relationship, professional networking and referral groups will play a key role in the number and quality of relationships you cultivate. As long as opportunities to meet in person remain limited, these resources will only increase in value for everyone.

© Copyright 2008-2021, Jaffe Associates

ARTICLE BY Glennie J. Green of Jaffe
For more articles on legal marketing, visit the NLR Law Office Management section.

Email Marketing for Law Firms: Good2bSocial Digital Certification Part 7

Continuing the National Law Review’s overview of the Good2bSocial digital marketing certification, this week we look to Email Marketing for law firms. Email Marketing is a critical element of law firm digital marketing, and the Good2bSocial Digital Marketing Certification provides an overview of key principles such as Email Segmentation, A/B Testing and Email Marketing Drip Campaigns. Kevin Vermeulen Good2bSocial’s COO:, “There is a natural sense of urgency that tends to accompany the legal field that marketers can take advantage of with email marketing.”

HowEmail Marketing Benefits your Law Firm

Email Marketing, if done correctly, can be a great way to stay top of mind as a regular presence in your client’s and potential client’s inbox, and a consistent source of leads.  Modern life requires close attention to email, so if you can build a list that is engaged, and if you provide useful content, your law firm’s email marketing program will become a crucial part of your digital marketing strategy. Refining your email marketing strategy to increase your open rate helps stretch your digital marketing dollars and increases your ROI.

Some basic things to consider when putting together an email campaign:

  1. Make sure your email template displays well on mobile.  Mobile is a huge factor in email opens, so make sure your email looks good no matter what device your subscriber is using.
  2. Images:  Less is more.  An email with too many images can negatively impact your click-through rate and often takes too much time to download or may become truncated.
  3. Be strategic about when you hit “send.”  Research indicates mid-morning is the best, but it’s also important to consider the day of the week.
  4. Using the recipient’s name in the subject line or the body of the email can drastically increase click-thru rates.

Email List Segmentation: Give Your Email Subscribers What They Want:

Providing your subscribers with content they find useful and appealing should be a cornerstone strategy of your email marketing program. If your subscribers are finding your content helpful, they are more likely to be engaged, forward your emails to others, not report you as spam, and ultimately look to you as an expert resource–and then service provider.  To accomplish this goal, dividing your email list into segments is a good way to target your content to appeal to the right audience.

Options abound for email segmentation, so starting small can make the process manageable and still yield results.

Ways to Segment Your Email Lists to Reach the Right Audience:

  1. How did they sign up?  If they were looking for information on a particular topic or area, crafting a list or related lists based on the subscriber’s expressed interest is a reasonable inference.
  2. Where is the subscriber on the buyer’s journey?  This can provide clues into what kind of information they may find useful.
  3. How engaged is the subscriber?  Are they opening your emails consistently?  If not, pelting them with every email you send is not a way to increase engagement. For low-engaged subscribers, perhaps send a reminder campaign of their options, so they can more efficiently tailor their preferences to their needs.
  4. Where is the subscriber located?  Some clients or potential clients may be interested in regional information–relevant to their geographic area..

The Importance of A/B Testing or Split Testing in Email Marketing.

A/B Testing involves creating two different versions of the same email, sending out both, and comparing the results in terms of clicks and responses to extrapolate the variations that are more effective for your audience. Many email marketing programs provide for A/B testing, and provide the analytic data you need to make an informed decision about results.  It’s important to test on a large email list, to ensure the data you garner is significant, and weave the takeaways into your email design strategy.

Email Marketing is highly dependent on context, so looking at pre-existing information can give your law firm insight into what areas to A/B test, to funnel results into recommendations that can have a broad impact.  Some areas you can A/B test are:

  • Subject line
  • Layout design–one column or two columns?
  • Body text
  • Closing text
  • Images
  • Personalization

It’s important to A/B test one variable at a time, so you can clearly identify what is responsible for the differences in the results.  It’s important to start at a point that makes sense for the situation; for example, if you are seeing low open rates, start with the subject line.  The open rate, the click-through rate, and the conversation rate are metrics most often used to evaluate the results.  If changing the layout design results in a higher click-through rate, that is a change you might want to consider incorporating across your emails.

A/B testing is important to keep your email marketing fresh, and responsive to the interests of your subscribers.

How Email Marketing Drip Campaigns Help Your Law Firm.

Email Marketing Drip campaigns are a way to send crafted messages to each segment of your email audience to stay top of mind, deliver helpful information, and nurture professional relationships.

Drip Campaigns pick up where email segmentation left off.  Identifying a segment–and then creating triggers–either action triggers or demographic triggers that kick off a domino effect.  In many instances, this can be automated, making the work involved more supervisory–and less labor-intensive.  For example, you have a group of prospects segmented by how they signed up–and you send them emails that provide them with options–so if they click on a specific link, it indicates an interest or preference, transferring that contact into a different bucket–so they are sent content based on that preference.

Email drip campaigns are highly customizable and require strategic thinking about your client persona and Client Journey Mapping for law firms.  The Good2bSocial Digital Marketing Certification provides resources to help law firm marketers look at their audience, and help design a customizable program for them.  Kevin Vermeulen, COO of Good2bSocial:

“It can be a tedious and time-consuming process to get a drip email campaign put together, but because of the hyper-efficient and automated targeting, the results are well worth it. It may take days or weeks to get everything exactly where you want it, but once it’s working, you’ll have something that can run for months or years, completely automated, constantly working to bring your firm new clients, and ultimately more revenue.”

Email Marketing Big Picture Campaigns

It’s important to make sure any email marketing campaign your firm does complies with all relevant privacy legislation and regulations.  For example, the GDPR in Europe, the CCPA and CPRA in California, and Virginia’s latest data protection legislation, and more states, countries and regions are drafting new legislation at a rapid pace.  Additionally, there is always the possibility of a comprehensive federal law on privacy that would impact email marketing efforts.

To Read Part 1 Good2bSocial Digital Academy for Law Firms — Inbound Marketing and Client Journey Mapping, click here.

To read Part 2 Good2bSocial Digital Academy — Content Marketing Strategy for Law Firms, click here.

To read Part 3 Good2bSocial Digital Academy — Developing a Successful Social Media Strategy for Law Firms, click here

To read Part 4 Good2bSocial Digital Academy — Paid Social Media Advertising Campaigns for Law Firms, click here

To read Part 5 Good2bSocial Digital Academy — Search Engine Optimization for Law Firms, click here.

Stay tuned for more details on the topics and  key takeaways included in the other modules of the Good2bSocial Academy.

Copyright ©2021 National Law Forum, LLC

ARTICLE BY Eilene Spear of The National Law Review / The National Law Forum LLC
For more articles on legal marketing, visit the NLR Law Office Management section.

In-Person Client Meetings and COVID-19

A fellow attorney just circulated a poll to his friends asking, “Are you starting to meet with your clients in person?” If you are restarting in-person meetings with your clients, consider whether you are in a jurisdiction that mandates contact tracing and whether that conflicts with your duty to maintain a client’s confidential information confidential.

Every jurisdiction has adopted some form of ABA Model Rule 1.6, Confidentiality of Information. It provides in part that:

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

The mere fact that a person has consulted an attorney can be in itself confidential information. One obvious example is a famous celebrity visiting a divorce attorney.

The problematic situation arises if you learn that the client has COVID after an in-person meeting. Alternatively, what if you learn after the meeting that you have COVID? In jurisdictions that require contact tracing disclosure, or even for public policy and health considerations, you may need to disclose your client’s identity to contact tracing authorities. As an attorney, you should take a moment to learn the contact tracing and public health reporting laws in your jurisdiction. For example, right now, I understand that there is a tracing program in Massachusetts, but disclosure is voluntary, not legally required. This may change.

The easy answer to this dilemma is to discuss the issue before meeting a client in person. Model Rule 1.6 permits the disclosure of otherwise confidential client information with informed consent, so you should inform the client about contact tracing so the client can decide whether to meet in person or remotely.

The hard answer arises if you have not had this conversation. Absent informed consent from a client to disclose their identity to contract tracers, Model Rule 1.6 does permit – but does not require – disclosure to comply with a statutory requirement for contact tracing:

(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: . . . (6) to comply with other law or a court order . . .

While the ethical rules may permit you to comply with a statutory requirement to disclose your client’s identity in a COVID tracing situation, such a unilateral decision to make disclosure may not be good for your attorney-client business relationship.

In conclusion, you should seriously consider discussing the possibility of contact tracing disclosure obligations before meeting with a client in-person.

© 2021 SHERIN AND LODGEN LLP

ARTICLE BY Edward S. Cheng of Sherin and Lodgen LLP
For more articles on the legal industry, visit the NLR Law Office Management section.

How to Elevate Your Law Firm Brand

You can have the best law firm in the world, but if no one knows you exist, you will not attract business. Marketing your law firm is incredibly important because you need to constantly broadcast your firm’s messaging, offering, and identity. You want to establish yourself as the go-to law firm of the community. Even by attempting new marketing strategies for lawyers, you are outpacing most of your peers.

However, most solo attorneys and small law firms are not taking an intentional marketing approach and instead engage in “random acts of marketing.” The American Bar Association states the majority of small law firms do not have a strategic marketing plan in place.

This behavior is self-sabotaging as it is critical for law firms to stay relevant in the legal community and firmly establish their brand voice and marketing plan.

Overall, lawyers have an incredible opportunity to network and expand their brand in a world that has seemingly gone virtual. To grow your practice, you need to experiment with new marketing strategies and mediums. After all, if you do not market your services, how would anyone know your services are available?

This article will cover some ideas on how to determine what your brand identity is and how to elevate it through marketing tactics.

Be Crystal Clear on Your Law Firm’s Brand Identity

A law firm should establish the message they want their clients to remember them for. Start by asking yourself the following:

  • What is the identity of our law firm?
  • What are the values of our law firm?
  • What makes our law firm unique from competitors?
  • What makes our legal services different from other firms?

It is often said in marketing, “People do not buy from businesses; they buy from people.” Answer these questions to establish your unique perspective and differentiator, and then move onto executing traditional marketing tactics for lawyers.

6 Ways to Elevate Your Legal Brand with Marketing Tactics

Potential clients are looking for lawyers who are good at what they do, helpful to the people they serve, and that show strong leadership skills and community commitment. Marketing is a holistic tool that helps the best attorneys become more visible to their clients and in the legal community, which grows their reputation, increases their referrals, and grows their practice.

  1. Utilize Snail Mail.

Striking the right balance between traditional and digital advertising is tough; however, traditional media still has tremendous value for law firms, and its utilization continually carries an air of authority and prestige. Direct mail  is not dead, and in fact, postcards outperform other mediums, leading to a response rate of 42%. Creating personalized postcards that have a unique touch also increases the likelihood your potential clients will respond. You can include an incentive such as first-time client deals, a free consultation, or a local resource list.

  1.  Radio Still Wins

The majority of the Americans are still tuning into the radio; 90% of adults ages 18 to 30, 94% of adults ages 35 to 49, and 91% of adults over 50 years old are listening to their local radio station, making it the leading platform for reach in the US.

Additionally, radio audiences are also becoming more diverse. 45 million Latinos and 35 million Black Americans are tuning in monthly.

Radio advertising also offers the unique advantage of a high frequency, meaning how many times the average person hears your ad over the course of a week. It can take your customer seven times to hear about your legal service before they take action. Radio provides many opportunities to get in front of your community again and again. It is scientifically proven that a person needs to hear an ad about three to four times per week to achieve maximum effectiveness.

  1. Embrace Virtual Networking Sessions

As the legal community is a relationship-based industry, in-person activities historically laid the foundation for the most powerful marketing strategies. However, COVID-19 brought those activities to a grinding halt, pausing almost all face-to-face marketing opportunities for law firms.

However, Zoom usage soared from 10 million daily meeting participants back in December 2019 to over 300 million in April 2020. There are endless opportunities to get involved with networking. Search for areas in your legal specialty for speaking opportunities, mentorships, or even just a monthly meetup. Take advantage of the new ability to catch up and network with multiple people a day, from the comfort of your home office, without having to drive around town.

  1. Email Marketing is Powerful

Email marketing is still one of the most popular traditional marketing practices. Over half of the world’s population uses email every day, and 54% of email is read on a mobile device. Also, email marketing continues to deliver one of the strongest returns on investment, with every $1 spent averaging an ROI of $42.

Building out monthly newsletters and embracing consistent email communication is key in staying top of mind with your community.

  1. Collaborate with Fellow Attorneys in Your Area

I often advise legal professionals to capitalize on developing an attorney-to-attorney referral network. Instead of seeing local law firms as competition, it is essential to create a reciprocal relationship among ten to twelve attorneys that practice in non-competing areas. Develop authentic relationships with your peers, and you will find that more business will come your way, making collaborative advertising one of the most affordable forms of marketing.

Even though you can’t grab dinner or coffee, there are many ways to stay connected with other local attorneys virtually, including the following:

  • Consistently engaging with their LinkedIn posts, offering congratulations on a hard-won case, or simply adding your insight to their thought leadership.
  • Not forgetting milestones such as birthdays or work anniversaries – for your fellow local lawyers building their business, their fifth-year anniversary of starting their firm is an emotional milestone for them. Send a handwritten congratulations card or a special treat to their office.
  • Staying connected on inside jokes, sending a funny gift through the mail, or shooting over an email that references a great time you had together in the past.

  1. Billboard Advertising Offers High Frequency and Familiarity 

Billboard advertising utilizes local awareness and promotes your law firm to a broad range of your local community. Like radio ads, billboard advertising offers a high frequency, meaning your potential customers are driving or walking by your signage every day, becoming more and more familiar with your face and brand name.

This familiarity breeds comfort; studies show that brand familiarity is the most rudimentary form of consumer knowledge and increases your customer’s likelihood of seeking out your services when they need legal help. This continued exposure builds trust and establishes your image as the go-to attorney in your area.

Elevate Your Brand Through Trusted Marketing Strategies for Lawyers

As a lawyer, you first need to establish what you and your firm stand for. Create a solid brand identity that guides your usage of traditional marketing strategies. Put pen to paper on your vision and know how impactful you can be in your community, which directly leads to your firm’s branding. Once this is created and solidified, experiment with trusted traditional marketing strategies like postcards, email, billboards, radio, and virtual networking sessions, and you will find that marketing your business was well worth the investment.

© 2021 Denver Legal Marketing LLC
For more articles on the legal industry, visit the NLR Law Office Management section.

 

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