Tag: Social Media

50 Creative Content Ideas for Businesses and Consultants

When it comes to professional service firms and consultants, the challenge isn’t finding content ideas, it’s choosing the ones that will truly resonate with your audience. The goal is to fill your editorial calendar with posts that keep you visible, relevant and connected with the people who matter most, which include clients, potential hires and referral sources. It’s about creating content that offers real value and positions you as a trusted resource.

Building a Content Strategy That Resonates for Professional Service Firms and Consultants

For professional service firms and consultants, creating engaging content is about more than just filling up an editorial calendar, it’s about choosing ideas that connect with your audience on a deeper level. The real challenge lies in selecting topics that are not only relevant but also genuinely valuable to clients, potential hires and referral sources. Effective content keeps you visible, showcases your expertise and strengthens your reputation as a trusted resource in your field.

Here’s how to create impactful content for your blog, LinkedIn and other social channels. This approach will help you create content that resonates with the people who matter most to your business, driving engagement and helping you stay top-of-mind in a crowded market.

  1. Understand Your Audience’s Needs and Interests; Take time to research what topics are top-of-mind for your clients, prospective clients and industry connections. What questions are they asking? What challenges do they face? Tailoring content around these insights ensures that your posts provide practical answers and value.
  2. Prioritize Value-Driven Content: When brainstorming ideas, focus on content that educates, informs or provides actionable insights. Avoid self-promotional or overly technical topics that may not resonate. Content that genuinely helps your audience solve problems or understand industry trends will set you apart as a valuable resource.
  3. Use Varied Content Types for Engagement: Mix up your content to keep it fresh and engaging. Some ideas work well as blog posts or LinkedIn articles, while others might be better suited for quick LinkedIn posts, infographics or short videos. Diversifying your formats can attract different types of engagement and keep your audience coming back.
  4. Maintain Consistency: Building trust requires regular engagement. Schedule posts to maintain a steady presence, so your audience knows they can rely on you for frequent, quality insights. Aim to post consistently without overloading your audience, finding a rhythm that balances frequency with quality.
  5. Track What Resonates: Use analytics to monitor which topics receive the most engagement. Pay attention to comments, shares and direct messages to identify themes that resonate, and adapt your content plan accordingly.

50 Content Ideas to Get You Started

Here are 50 content ideas to help you build a strong, consistent presence on your blog, email newsletters, LinkedIn and other social platforms.

  1. Show your workspace: Give a tour of where you work, whether it’s your office, a co-working space or a virtual setup. This humanizes your firm and makes you more relatable.
  2. Introduce your team: Highlight key team members and their roles, showcasing their expertise and contributions to the success of the firm.
  3. Introduce yourself: Share your career path, your expertise and how you’ve helped clients achieve success.
  4. Showcase a service you provide: Explain a service in detail, focusing on its benefits and how it solves problems for your clients.
  5. Client testimonials: Share short video testimonials from clients explaining how you helped them and what impact your services had on their business.
  6. Tell a story: Share success stories of how you’ve helped clients overcome significant challenges in their industries.
  7. A day in the life: Take your audience through a typical day at your company to show what goes on behind the scenes.
  8. Behind the scenes: Show the preparation that goes into a major project, event or client engagement.
  9. Answer frequently asked questions: Provide insights and answers to common questions clients ask about your services and processes.
  10. Share industry trends: Offer commentary or analysis on current trends in your industry and how clients can take advantage of them.
  11. How it started vs. how it’s going: Share the evolution of your business or a significant project, demonstrating your growth and accomplishments.
  12. Repurpose blog posts or articles: Share snippets from articles or blogs you’ve written, summarizing key takeaways for your audience.
  13. How-to videos: Create short videos explaining complex concepts or offering professional tips and advice.
  14. Share client success stories: Highlight case studies or client success stories that show the value your services provide.
  15. Your regular work routine: Share the routines or habits that help you stay productive and successful in your field.
  16. Reality vs. expectations: Compare what clients typically expect versus the reality of working with your firm or consultancy, focusing on positive surprises.
  17. Before and after: Show the impact of your services through before-and-after case studies of client businesses.
  18. Quick tips: Share a few short, actionable tips related to your field, such as best practices in your area of expertise.
  19. Do what people ask for in comments: Engage directly with your audience by answering questions or addressing topics they raise in the comments.
  20. Positive reactions to industry news: Provide your take on relevant news in your field and why it matters to your clients.
  21. Share the tools you use: Talk about the tools and resources your firm or consultancy uses to stay efficient and deliver great results for clients.
  22. Celebrate business milestones: Highlight significant moments in your business, such as anniversaries, major achievements or new partnerships.
  23. Highlight a professional skill: Focus on showcasing a specific skill you offer, explaining how it benefits clients and what problems it solves.
  24. Client interviews: Record short interviews with clients about their experience working with your firm, showcasing their success stories.
  25. Encouraging messages: Share positive, motivational insights related to your industry or business practices.
  26. A sneak peek into a major project: Offer a behind-the-scenes look at an exciting new project you’re working on.
  27. Run a social media contest: Engage with your audience by running a contest related to your services (e.g., offer a free consultation or a business audit).
  28. Explain your core values: Share a story or insight about the core values that drive your business and how they impact your services.
  29. Show your thought process: Walk your audience through how you approach solving a client’s problem, emphasizing your expertise.
  30. Tips for Hiring in Your Field: Offer advice on hiring practices or skills to look for in your industry.
  31. Case study in your niche: Share a detailed case study about a particular challenge you solved for a client, emphasizing the results and impact.
  32. Checklist for the week: Offer a weekly checklist that helps clients stay on top of key tasks in their industry or business.
  33. 5 pros & cons of (your niche): Provide a balanced view on the benefits and challenges of working in your field, demonstrating your in-depth knowledge.
  34. Industry updates: Share the latest trends or changes in regulations that impact your clients, positioning yourself as a thought leader.
  35. Favorite tools you use: Discuss the tools or software you use to increase efficiency and improve results for clients.
  36. Quick hacks for getting results: Share a quick tip or hack that helps clients achieve better outcomes in their business.
  37. How clients got results: Highlight how clients benefited from working with your firm, with a focus on outcomes and results.
  38. Things I wish I knew before starting my business: Offer insights or lessons you’ve learned that can benefit other entrepreneurs or consultants.
  39. Highlight key lessons from industry events: Share top takeaways or insights from industry conferences, webinars or roundtables that your firm attended.
  40. Share Lessons Learned from a Recent Client Project: Highlight a recent client project and share key takeaways or lessons learned. This helps showcase your expertise while providing practical insights that could benefit your audience.
  41. Ask for followers’ suggestions: Engage your audience by asking them for content ideas or business topics they want to learn more about.
  42. Encourage followers to ask questions: Create a post inviting your audience to ask you questions about your services, industry trends or business advice.
  43. Create an “ask me anything” session: Host a session where your audience can ask you anything, whether it’s about business, personal growth or industry insights.
  44. Insights from Recent Conferences: Share takeaways from recent industry events or conferences (with photos!).
  45. Spotlight a client’s journey: Highlight the stages of a client’s experience, from the initial consultation to the final outcome. Break down how your firm guided them through each phase, offering valuable insights along the way.
  46. Share key takeaways from major projects: Highlight insights and lessons learned from significant client projects, showcasing how your firm’s expertise helped achieve successful outcomes. This provides value to your audience while reinforcing your industry knowledge.
  47. Show before and after results: For service-based businesses, showing the impact your consultancy or firm has made can build credibility.
  48. Showcase industry predictions and trends: Share your thoughts on the future of your industry. Highlight key changes you expect over the next 6-12 months and what businesses should do to prepare.
  49. Highlight women in leadership: Showcase women leaders in your firm or industry. Share their journeys, achievements and advice to inspire others and emphasize your firm’s commitment to diversity.
  50. Behind-the-scenes insight: Offer a glimpse into the process behind your firm’s latest project, case or transaction, giving clients a better understanding of how your firm operates.

These content ideas can help you stay consistent with your social media presence and maintain visibility within your industry. By using content that speaks directly to your audience and showcases your expertise, you’ll keep your firm connected and top of mind for potential clients.

Copyright © 2024, Stefanie M. Marrone. All Rights Reserved.
For more on Law Office Management, visit the NLR Law Office Management section

FTC Social Media Staff Report Suggests Enforcement Direction and Expectations

The FTC’s staff report summarizes how it views the operations of social media and video streaming companies. Of particular interest is the insight it gives into potential enforcement focus in the coming months, and into 2025. Of particular concern for the FTC in the report, issued last month, were the following:

  1. The high volume of information collected from users, including in ways they may not expect;
  2. Companies relying on advertising revenue that was based on use of that information;
  3. Use of AI over which the FTC felt users did not have control; and
  4. A gap in protection of teens (who are not subject to COPPA).

As part of its report, the FTC recommended changes in how social media companies collect and use personal information. Those recommendations stretched over five pages of the report and fell into four categories. Namely:

  1. Minimizing what information is collected to that which is needed to provide the company’s services. This recommendation also folded in concepts of data deletion and limits on information sharing.
  2. Putting guardrails around targeted digital advertising. Especially, the FTC indicated, if the targeting is based on use of sensitive personal information.
  3. Providing users with information about how automated decisions are being made. This would include not just transparency, the FTC indicated, but also having “more stringent testing and monitoring standards.”
  4. Using COPPA as a baseline in interactions with not only children under 13, but also as a model for interacting with teens.

The FTC also signaled in the report its support of federal privacy legislation that would (a) limit “surveillance” of users and (b) give consumers the type of rights that we are seeing passed at a state level.

Putting it into Practice: While this report was directed at social media companies, the FTC recommendations can be helpful for all entities. They signal the types of safeguards and restrictions that the agency is beginning to expect when companies are using large amounts of personal data, especially that of children and/or within automated decision-making tools like AI.

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Copyright © 2024, Sheppard Mullin Richter & Hampton LLP.
For more on Social Media, visit the NLR Communications Media Internet section.

What Digital Advertisers and Influencers Need to Know About the FTC Final Rule Banning Fake Consumer Reviews and Testimonials

As previously blogged about here, following notices of proposed rulemaking in 2022 and 2023, on August 22, 2024 the Federal Trade Commission finalized a rule that will impose monetary civil penalties false and misleading consumer reviews and testimonials.  Those covered by the Final Rule, including, but not limited to, advertisers, marketers, manufacturers, brands and various intermediaries, and businesses that promote and assist such entities, should consult with an experienced FTC compliance lawyer and begin to prepare for its enforcement, immediately.

What Does the FTC Final Rule Banning Fake Consumer Reviews and Testimonials Cover?

The FTC Final Rule Banning Fake Consumer Reviews and Testimonials formalizes the prohibition of various practices relating to the use of consumer reviews and testimonials and sets forth which practices may be considered unfair or deceptive pursuant to the FTC Act.

In short, the Final Rule is intended to foster fair competition and protect consumers’ purchasing decisions.  In general, the Final Rule covers: (i) the purchase, sale or procuring of fake reviews or testimonials (for example and without limitation, a reviewer that does not exist, a reviewer that did not actually use or possess experience with the product or service, or a review that misrepresents actual experience); (ii) providing compensation or other incentives in exchange for reviews that express a particular sentiment; (iii) facilitating “insider” consumer reviews and testimonials that do not contain a clear and conspicuous disclosure of the relationship; (iv) utilizing websites that appear to be independent review websites when, in fact, they are controlled by the business whose products or services are reviewed; (v) suppressing reviews, either by intimidation or by merely publishing certain reviews or ratings (for example and without limitation, only positive reviews or ratings); and (vi) misusing fake indicators of social media influence.

The Final Rule also includes some important definitions.  For example, the Final Rule defines “consumer reviews” as reviews published to a website or platform dedicated (in whole or in part) to receiving and displaying consumer evaluations, including, for example, via reviews or  ratings.

The Final Rule defines “consumer review hosting” as “providing the technological means by which a website or platform enables consumers to see or hear the consumer reviews that consumers have submitted to the website or platform.”  In simple terms, this means that if an employee posts an unsolicited review on a corporate website concerning a product/service that they have experience using, it may not necessarily be considered deceptive as long as the material connection is disclosed.

“Clear and conspicuous” disclosures (such as, for example and without limitation, those pertaining to material relationships between a manager or officer to a brand), must be unavoidable, and easy to notice and understand for ordinary, reasonable consumers.  Note, for  audiovisual content, disclosures must be presented in “at least the same means as the representations requiring the disclosure.”

The Final Rule follows the FTC’s Updated Endorsement Guidelines (2023).  The FTC Endorsement Guides address a much broader range of conduct than the Final Rule, and provide best practice recommendations regarding the use of product endorsements and reviews in advertising.

What are the Requirements of the FTC Final Rule on Reviews and Testimonials?

The Final Rule largely codifies existing FTC policy related to reviews and testimonials and sets forth limitations for a handful of categories of conduct that the FTC will consider deceptive.  In part, the Final Rule prevents covered entities and their agents from using fake reviews and deceptive testimonials, suppressing honest negative reviews and paying for positive reviews.

In pertinent part and without limitation:

  1. 16 CFR § 465.2: Fake or false consumer reviews, consumer testimonials, or celebrity testimonials

Business and brands are prohibited from creating, buying, selling or disseminating fake or false reviews or testimonials, including, but not limited to, those that expressly or impliedly misrepresent they are by someone that does not exist (for example and without limitation, AI-generated reviews), by someone that does not have experience with the product/service, those that misrepresent experience with a product or service, and negative reviews intended to damage competitors.

Businesses and brands are prohibited from creating, purchasing, procuring or disseminating such reviews (and/or facilitating dissemination) when the business knew or should have known that the reviews or testimonials were not bona fide.

  1. 16 CFR § 465.4: Buying positive or negative consumer reviews

Business and brands are prohibited from incentivizing a consumer to write a review when the incentive is conditioned – expressly or implicitly – on the review expressing a particular sentiment (whether positive or negative) about a business or brand, or related products or services.  It is not unlawful for a company to offer incentives for consumers to write reviews, however, it is unlawful, for example, to condition the incentive upon, for example, a 5-star review.  While the FTC Endorsement Guides separately mandate a clear and conspicuous disclosure when a review is incentivized by monetary payment or another incentive/relationship, a disclosure of the incentive is not a defense when the incentive is conditioned on the review expressing a particular sentiment.

  1. 16 CFR § 465.5: Insider consumer reviews and consumer testimonials

Section 465.5 of the Final Rule prohibits businesses and brands from creating, soliciting or posting reviews or testimonials by officers, managers, employees or agents thereof without clearly and conspicuously disclosing their relationship, or “material connection.”  There are limited exceptions.  First, the prohibition does not apply to unsolicited social media posts by employees or social media posts that result from generalized solicitations (e.g., non-employee specific).  Second, the prohibition does not apply to unsolicited employee reviews that merely appear on a business’s website because of its “consumer review hosting” function.

Additionally, reviews solicited from immediate relatives (e.g., spouse, parent, child or sibling), employees or agents of officers, managers, employees or agents of a business or brand require that latter ensure that the immediate relative clearly, conspicuously and transparently disclose the material connection to the business.  The foregoing also applies, for example and without limitation, to requests that employees or agents solicit reviews from relatives.  Covered “insiders” are required to instruct such reviewers to clearly and conspicuously disclose their relationships to the business or brand and, if they knew or should have known that a related review appears without a disclosure, take remedial steps to address the disclosure.

The Final Rule states that if the business or brand knew or should have known of a material relationship between a testimonialist and the business, it is a violation for the business or brand to disseminate or cause the dissemination of a consumer testimonial from its officer, manager, employee, or agent without a clear and conspicuous disclosure of such relationship.

  1. 16 CFR § 465.6: Company-controlled review websites or entities

Companies and brands are prohibited from creating or controlling review websites or platforms that appear independent when they are, in fact, operated by the company itself.  For example, companies may not expressly or by implication falsely represent that a website they control provides independent reviews or opinions.  Section 456.6 is intended to prevent the creation of illegitimate independent review websites, organizations or entities to review products and services.  It does not apply to general consumer reviews on a brand’s website, for example, so long as those reviews comply with applicable legal regulations.

  1. 16 CFR § 465.7: Review suppression

Pursuant to Section 465.7 of the Final Rule, businesses and brands may not suppress, manipulated or attempt to suppress or manipulate negative reviews (or otherwise manipulate or attempt to manipulate overall perception) by solely displaying positive feedback, with limited exceptions such as when a review contains confidential or personal information, or is false or fake, and/or wholly unrelated to the products/services offered.  The criteria for doing so must be “applied equally to all reviews submitted without regard to sentiment.”

Businesses and brands are also prohibited from suppressing negative reviews or ratings, and misrepresenting (expressly or implicitly) that the selected consumer reviews or ratings represent most or all reviews or ratings.  The Final Rule does not prohibit sorting or organizing reviews – per se – however doing so in a manner that makes it more difficult for consumers to view/learn of negative reviews may be considered an unfair or deceptive act or practice.

All reviews must be treated fairly so that consumers are provided with a true an accurate representation of consumer experiences.

Additionally, the Final Rule prohibits the use of “unfounded or groundless legal threat” or other physical threat, intimidation or false accusation to prevent a review from being written or created or to cause the review to be removed.

Section 465.7, in pertinent part, is consistent with various portions of the January 2022 agency guidance entitled Featuring Online Customer Reviews: A Guide for Platforms.  The foregoing guidance recommends that businesses and brands: (i) that operate a website or platform that features reviews, have processes in place to ensure those reviews truly reflect the feedback received from legitimate customers about their real experiences; (ii) be transparent about your review-related practices; (ii) do not ask for reviews only from people you think will leave positive ones; (iii) that offer an incentive to consumers for leaving a review, not condition it, explicitly or implicitly, on the review being positive (even without that condition, offering an incentive to write a review may introduce bias or change the weight and credibility that readers give that review); (iv) do not prevent or discourage people from submitting negative reviews; (v) have a reasonable processes in place to verify that reviews are genuine and not fake, deceptive, or otherwise manipulated (be proactive in modifying and upgrading your processes); (vi) do not  edit reviews to alter the message (e.g., do not change words to make a negative review sound more positive); (vii) treat positive and negative reviews equally (do not subject negative reviews to greater scrutiny); (viii) publish all genuine reviews and do not exclude negative ones; (ix) do not display reviews in a misleading way (e.g., it could be deceptive to feature the positive ones more prominently or require a click through to view negative reviews); (x) that display reviews when the reviewer has a material connection to the company or brand offering the product or service (e.g., when the reviewer has received compensation or a free product in exchange for their review), clearly and conspicuously disclose such relationships; (xi) clearly and conspicuously disclose how they collect, process and display reviews, and how they determine overall ratings, to the extent necessary to avoid misleading consumers; and (xii) have a reasonable procedure to identify fake or suspicious reviews after publication (if a consumer or business tells a business or brand that a review may be fake, investigation and appropriate action are necessary – that may include taking down suspicious or phony reviews or leaving them up with appropriate labels).

  1. 16 CFR § 465.8: Misuse of fake indicators of social media influence

Section 465.7 prohibits selling, distributing, purchasing or procuring “fake indicators of social media influence” (for example and without limitation, likes, saves, shares, subscribers, followers or views generated by a bot or fake account) that are actually known to be or should be known to be fake, and that could potentially be used or are actually used to misrepresent or artificially inflate individual or business importance for a commercial purpose.  Thus, liability will not attach to a business or brand that engages an influencer using fake indicators of social media influence if the business or brand neither knew nor should have known thereof.

How is the FTC Final Rule Different from the Proposed Rule?

Notably, the Final Rule does not include a provision from the proposed rule that would have precluded advertisers from using consumer reviews that were created for a different product.  Known as “review hijacking,” the FTC was unable to resolve various concerns about the meaning of “substantially different product.”  The FTC reserved the right to revisit this issue, going forward via further rulemaking.

What are the Consequences for Violating the FTC Final Rule on Reviews and Testimonials?

The concepts, prohibitions and obligations included in the Final Rule are not entirely new.  However, the Final Rule does significantly enhance the FTC’s ability to pursue civil monetary damages in the form of penalties in the amount of up to $51,744, per violation or per day for ongoing violations.  The Final Rule also will permit the FTC to seek judicial orders that require violators to compensate consumers for the consequences of their unlawful conduct.

Takeaway:

The Final Rule banning fake consumer reviews and testimonials generally prohibits specific  practices that the FTC has determined are deceptive or misleading, including: (i) fake or false consumer reviews, consumer testimonials or celebrity testimonials; (ii) purchasing positive or negative consumer reviews; (iii) insider consumer reviews and consumer testimonials; (iv) company-controlled review websites or entities; (v) review suppression; and (vi) misuse of fake indicators of social media influence.  The Final rule will be effective October 21, 2024.  Violations of the Final Rule can result in significant financial and reputational consequences.  Companies that utilize consumer reviews, consumer testimonials or celebrity endorsements should consult with an experienced eCommerce attorney to discuss proactively implementing responsible written policies and contracts that ensure compliance with the Final Rule and other applicable legal regulations (for example and without limitation, ensure the clear and conspicuous disclosure of material connections), educating employees and agents, reviewing marketing strategies, auditing first and third-party (for example and without limitation, lead generators) promotional materials and activities for non-compliance (for example and without limitation, ensuring that reviews  provide an accurate representation of consumer experiences), and developing and implementing appropriate compliance plans and written policies that include required remedial actions.

© 2024 Hinch Newman LLP
For more on the FTC Fake Consumer Reviews rule, visit the NLR Communications Media Internet section

The New Cross-Cultural Playbook for Global Arbitration

Cross-cultural differences and the misunderstandings that often arise from them play a powerful role in how businesses build relationships and conduct their commercial and legal affairs. At a time of expansive growth in transnational business, trade, and investment, a lack of knowledge about local culture, values, and customs in business and legal dealings are leading to ever more complex and tense international legal disputes.

As lawyers and arbitrators, it is critical to foster a deeper understanding of how cultural and emotional factors along with behavioral tendencies impact business decisions and the practice of arbitration worldwide. Addressing these issues in the context of business-to-business (B2B) relationships, a recent report by the International Chamber of Commerce, Jus Connect, and McCann Truth Central found that a new set of principles—based on emotional intelligence, cultural awareness, and cultural fluency—is required to create a cross-cultural playbook for arbitration and re-imagining dispute outcomes.

Global leaders surveyed said that arbitration is still the preferred way to resolve cross-border disputes over litigation. If a contract fails, 60% prefer arbitration to legal proceedings in a court. Overall, arbitration has increased significantly over the past decade, reaching an estimated $80 billion in 2022. Some 37,000 new cases were registered between 2018 and 2022, an increase of nearly 30% between 2013 and 2017. While this represents a mere fraction of the $121 trillion in international trade in 2022, arbitration is growing twice as fast as global trade as clients recognize the speed, efficiency, transparency, and flexibility it offers to resolve disputes compared to traditional litigation.

Cultural Miscues

In my travels as President of the ICC International Court of Arbitration, I have heard countless stories about the influence of cross-cultural differences on business and legal affairs, including arbitration. And with good reason: every country has unique and often contrasting attitudes about dispute resolution and misunderstanding them can add layers of difficulty during legal proceedings for both general counsel and arbitration lawyers.

Based on extensive interviews and quantitative data, the ICC report divides cultural attitudes and approaches into four generalized categories and suggests which countries fit into each one. The Innovative Explorer, for example, including France and Saudi Arabia, seeks collaboration and co-creation, looks for emotional chemistry, and tends to stretch goals. For their part, India and Nigeria can be seen as a Strategic Balancer, eager for collaboration and co-creation, along with emotional chemistry, and ready to stretch goals.

Brazil and Mexico are among the countries regarded as a Decisive Custodians, in that they tend to value structure and contracts as part of a more direct, yet discrete approach and in addition, prefer working with senior partners. Finally, as the name indicates, the Pragmatic Realist—including the U.K. and Switzerland—takes a reasoned and practical approach, with an appreciation for clear expectations meeting agendas, and giving parties a second chance.

These attitudes are reflected in the different approaches that countries have toward contracts. Some want a clear scope, set in stone. Others put more focus on outcomes and fluidity in delivery. For instance, while Mexico and Brazil prefer structured approaches in contract agreements, India and Saudi Arabia are open to collaboration and co-creation in a scope of work. France and China prefer to stretch sometimes-unrealistic goals, but India and Nigeria, want realistic and achievable ones.

Chameleon U.S.

Digging deeper into the analysis shows that in some ways, the U.S. has a lot in common with Brazil and China when considering the role of hierarchy and discretion in a business situation. If someone in business makes a mistake, Americans prefer to promptly resolve disputes, even if a party might get offended and are also unlikely to copy their boss on an email.

These categories help explain many business decisions and actions and can guide teams to recognize and overcome cultural differences. But they don’t always tell the whole story: cultural nuances add even more complexity to cross-border business and legal dealings.

The U.S., for example, can be described as a chameleon or shapeshifter that doesn’t always neatly fit any descriptor. In my experience, U.S. business representatives will typically revise their approach depending on what the customer or counterparty needs. This flexibility is likely due to the presence of diverse and multicultural U.S. business teams compared to some other countries. As one senior arbitrator said in the report, “In the U.S., the common denominator is understanding what the customer needs.”

Small Behavior, Big Impact

Mapping the world by culture rather than geographic positioning offers valuable insights that can improve cultural fluency and ensure that geography alone does not influence expectations and approaches. The report showed how small behaviors point to larger cultural priorities. Teams from France and Saudi Arabia don’t necessarily need an agenda to attend a meeting, but those from India and Nigeria would usually prefer a detailed agenda. Acknowledging these cultural differences, however small and seemingly inconsequential, provides a framework for anticipating and resolving friction and helping teams adapt.

One of the most interesting aspects of the study is that business teams and leaders say they want lawyers involved earlier in the B2B process—and more deeply integrated into the journey—with a focus on win-win outcomes. This is consistent with the changing role of in-house counsel, particularly in the U.S., where in house counsel work more closely with business teams to develop strategy and structure the deal. Given the growing complexity of today’s global regulatory environment, business teams can no longer negotiate the deal first and then bring the terms to the in-house team to document.

While the study focused on cultural differences, it also found a commonality across cultures: a growing preference for non-legal dispute resolution. Some 77% favored an amicable, interest-based resolution—through internal or contract review, or direct negotiations between legal teams—compared to 52% favoring a rights-based resolution using arbitration or legal proceedings in a court. Only about one-third chose a so-called power-based resolution, such as a canceled contract, a report to a regulator, a post on social media, or a leak to the press.

Key Truths

Understanding the diverse world of business culture reveals several truths about B2B relationships. One is that emotion and culture have a significant impact on business—perhaps more than many realize—because the B2B journey comprises the human experience. Contrary to the commonly held perceptions that B2B interactions are largely transactional or purely functional, and free of emotions, the report found that they are emotionally charged, from initial engagement with parties and contracts to long-term partnerships.

I have experienced this firsthand when representing a multinational company in a very complex arbitration involving the calculation of damages. I needed to prepare the CEO for cross-examination. Yet his analysis was not entirely data-driven decision-making: emotions were also a big part of his thinking. When describing his approach and his meeting with his CEO counterpart, he just kept telling me, “This is so emotional.”

Another truth is that by effectively navigating cultural differences and overcoming communication barriers, we can improve business relationships. In this context, business attitudes toward particulars such as contracts and meeting styles reflect cultural priorities and offer relevant cultural cues. At first, these may appear to be minor details but unveil deeper cultural attitudes concerning hierarchy, orderliness, adaptability, and creativity.

When I was in China earlier this year, I was surprised by the number of back-channel conversations that took place to determine how many people we could bring to a meeting and the level of seniority so that the Chinese delegation would have the same. There were also discussions about attire—including whether men should wear a tie—so that nobody would feel out of place.

Cross-Cultural Playbook

With these truths in mind, a new cross-cultural playbook for global arbitration should include the following actions. First, integrate legal teams as early as possible into the process and keep them engaged via partnerships with business teams. Train teams to understand emotional intelligence and be more culturally aware so they can become more adept at relationship building and managing shifting emotions during the B2B journey. Ensure teams can interpret subtle behavioral and cultural cues to make informed decisions and improve communications. Equally important, prioritize direct negotiation channels for dispute resolution, reserving legal action for failed negotiations.

More than ever, we must emphasize the role of emotion and human interaction in business and how important it is in building trust: the report noted that half of all B2B disputes are likely caused by the breakdown of human interaction rather than solely by contractual issues. With heightened sensitivity to cultural differences, we can better understand the complexities of the B2B journey, minimize business and legal disputes, and successfully apply these truths to resolving conflicts through arbitration.

© Copyright 2024 ICC International Court of Arbitration®
For more on Global Arbitration,  visit the NLR ADR Arbitration Mediation section

How Lawyers Can Effectively Leverage Their Published Articles

Writing and publishing articles or blog posts can be a powerful branding and business development tool for lawyers. Not only do they demonstrate your expertise in your practice area, but they also significantly enhance your visibility and credibility.

However, your work doesn’t end once the article is published – in fact, it’s just beginning. Here are some tips to maximize the value, reach and impact of your published work.

1. Optimize for Online Search First and foremost, ensure your article is search engine optimized (SEO). This means incorporating relevant keywords that potential clients might use to find information related to your legal expertise. SEO increases the visibility of your content on search engines like Google, making it easier for your target audience to find you.

2. Share on Social Media Utilize your personal and professional social media platforms to share your article. LinkedIn, Twitter and even Facebook are excellent venues for reaching other professionals and potential clients. Don’t just share it once; periodically repost it, especially if the topic is evergreen. Engage with comments and discussions to further boost your post’s visibility.

3. Incorporate Into Newsletters If you or your firm sends out a regular newsletter, include a link to your article. This not only provides added value to your subscribers but also keeps your existing client base engaged with your latest insights and activities. This approach can help reinforce your position as a thought leader in your field. Also, consider launching a LinkedIn newsletter. LinkedIn’s platform offers a unique opportunity to reach a professional audience directly, increasing the potential for networking and attracting new clients who are actively interested in your area of expertise.

4. Speak at Conferences and Seminars Use your article as a springboard to secure speaking engagements. Conferences, seminars and panel discussions often look for experts who can contribute interesting insights. Your article can serve as a proof of your expertise and a teaser of your presentation content, making you an attractive candidate for these events.

5. Create Multimedia Versions Expand the reach of your article by adapting it into different formats. Consider recording a podcast episode discussing the topic in depth, or creating a short-form video for LinkedIn and YouTube. These formats can attract different segments of your audience and make the content more accessible.

6. Network Through Professional Groups Share your article in professional groups and online forums in your field, as well as alumni groups (law school, undergrad school and former firms). This can lead to discussions with peers and can even attract referrals. Active participation in these groups, coupled with sharing insightful content, can significantly expand your professional network.

7. Use as a Teaching Resource Offer to guest lecture at local law schools and use your article as a teaching resource. This not only enhances your reputation as an expert but also builds relationships with the upcoming generation of lawyers who could become colleagues or refer clients in the future.

8. Repurpose Content for Blogs or Articles Break down the article into smaller blog posts or develop certain points further into new articles. This can help maintain a consistent stream of content on your website, which is good for SEO and keeps your audience engaged over time.

9. Monitor and Engage with Feedback Keep an eye on comments and feedback from your article across all platforms. Engaging with readers can provide insights into what your audience finds useful, shaping your future writing to better meet their needs. It also helps in building a loyal following.

10. Track Metrics Utilize analytics tools (web, social media and email) to track how well your article performs in terms of views, shares and engagement. This data can help you understand what works and what doesn’t, guiding your content strategy for future articles.

11. Leverage the Power of Content Repurposing Content repurposing can significantly extend the life and reach of your original article. By transforming the article into different content formats—such as infographics, webinars, slide decks or even e-books—you cater to various learning styles and preferences, reaching a broader audience. This strategy not only maximizes your content’s exposure but also enhances engagement by presenting the information in new, accessible ways. Repurposing content can help solidify your reputation as a versatile and resourceful expert in your field.

Publishing an article or blog post is just the beginning. By strategically promoting and leveraging your published works, you can enhance your visibility, establish yourself as a thought leader and attract more clients. Every article has the potential to open new doors; it’s up to you to make sure it does!

Copyright © 2024, Stefanie M. Marrone. All Rights Reserved.
For more news on Leveraging Published Articles, visit the NLR Law Office Management section.

U.S. House of Representatives Passes Bill to Ban TikTok Unless Divested from ByteDance

Yesterday, with broad bipartisan support, the U.S. House of Representatives voted overwhelmingly (352-65) to support the Protecting Americans from Foreign Adversary Controlled Applications Act, designed to begin the process of banning TikTok’s use in the United States. This is music to my ears. See a previous blog post on this subject.

The Act would penalize app stores and web hosting services that host TikTok while it is owned by Chinese-based ByteDance. However, if the app is divested from ByteDance, the Act will allow use of TikTok in the U.S.

National security experts have warned legislators and the public about downloading and using TikTok as a national security threat. This threat manifests because the owner of ByteDance is required by Chinese law to share users’ data with the Chinese Communist government. When downloading the app, TikTok obtains access to users’ microphones, cameras, and location services, which is essentially spyware on over 170 million Americans’ every move, (dance or not).

Lawmakers are concerned about the detailed sharing of Americans’ data with one of its top adversaries and the ability of TikTok’s algorithms to influence and launch disinformation campaigns against the American people. The Act will make its way through the Senate, and if passed, President Biden has indicated that he will sign it. This is a big win for privacy and national security.

Copyright © 2024 Robinson & Cole LLP. All rights reserved.
by: Linn F. Freedman of Robinson & Cole LLP

For more news on Social Media Legislation, visit the NLR Communications, Media & Internet section.

How to Maximize February’s Holidays for Your Social Media Content Calendar

February, though the shortest month, is rich with opportunities for lawyers and law firms to deepen connections with their audience and spotlight their commitment to pivotal social causes. From raising awareness on privacy and internet safety to celebrating historical contributions and advocating for health, this month is ripe for engagement. Here’s a guide on leveraging these special days to not only boost your firm’s social media footprint but also to underscore your expertise and societal commitments.

  • Engage with #PrivacyAwarenessWeek (First Week of February): Kick off the month by demystifying privacy laws and sharing protective measures for personal data. Consider hosting webinars or interactive Q&A sessions to discuss privacy-related topics.
  • Participate in #SaferInternetDay (Second Tuesday of February): Highlight the importance of cybersecurity with informative articles or infographics. Provide valuable insights through free digital security workshops or consultations.
  • Celebrate #WorldJusticeDay (February 20): Showcase your firm’s dedication to justice by spotlighting pro bono work and initiatives that champion social justice. Share impactful stories that illustrate your contributions to upholding justice.
  • Honor #BlackHistoryMonth (Throughout February): Dedicate the month to celebrating the achievements of African American legal luminaries. Engage in discussions about diversity, equity and inclusion (DEI) within the legal field and share how your firm is actively supporting these values.
  • Promote #AmericanHeartMonth (Throughout February): Focus on heart health awareness, sharing wellness tips and how your firm supports the well-being of its people and clients. This is an excellent opportunity to show the human side of your firm. Organize or partake in health-focused community events and share wellness tips that encourage a balanced professional life.
  • Reflect on #PresidentsDay (Third Monday of February): Delve into the legal legacies of U.S. Presidents and their influence on current laws. Host enlightening discussions or debates on historical legal precedents and their relevance today.
  • Recognize #InventorsDay (February 11): For IP-focused firms or firms with IP practices, spotlight groundbreaking inventors and their journeys through the legal system. Share advice on navigating the patent process and protecting intellectual property.
  • Embrace #RandomActsOfKindnessDay (February 17): Inspire your team and followers by engaging in and sharing acts of kindness within your community. This day is a great opportunity to humanize your firm and reflect its values.
  • Inform during #ConsumerProtectionWeek (Last week of February): End the month by enlightening the public on consumer rights and the legal frameworks that protect them. Host free legal clinics or informative sessions to empower consumers with knowledge.
  • Celebrate #ValentinesDay (February 14): Utilize this day to express appreciation for your clients and colleagues. A simple message of thanks can go a long way in strengthening relationships.
  • Leverage #GroundhogDay (February 2): Incorporate Groundhog Day as a fun way to engage your audience. Perhaps draw a light-hearted parallel between the groundhog seeing its shadow and predicting weather patterns to the predictability and preparation in legal processes. It’s an opportunity to showcase your firm’s personality and connect with your audience on a relatable level.

When using hashtags, be strategic and relevant; use popular hashtags like #ValentinesDay, #BlackHistoryMonth or #PresidentsDay to increase visibility, but also incorporate niche or branded hashtags to stand out and engage directly with your target audience. Always ensure your content is respectful, inclusive and aligns with your brand’s values. Creatively linking your products or services to these holidays can boost engagement, foster a deeper connection with your audience and enhance your brand’s presence on social media.

February’s diverse holidays present a unique platform for law firms to engage with their audience on a deeper level. By actively participating in these observances, your firm not only enhances its visibility but also fortifies its relationship with the community. This strategic approach to social media not only highlights your expertise and services but also showcases your firm’s dedication to important societal issues and causes.

Copyright © 2024, Stefanie M. Marrone. All Rights Reserved.
For more news on Optimizing Social Media Content Calendars, visit the NLR Communications, Media & Internet section.

Locking Tik Tok? White House Requires Removal of TikTok App from Federal IT

On February 28, the White House issued a memorandum giving federal employees 30 days to remove the TikTok application from any government devices. This memo is the result of an act passed by Congress that requires the removal of TikTok from any federal information technology. The act responded to concerns that the Chinese government may use data from TikTok for intelligence gathering on Americans.

I’m Not a Federal Employee — Why Does It Matter?

The White House Memo clearly covers all employees of federal agencies. However, it also covers any information technology used by a contractor who is using federal information technology.  As such, if you are a federal contractor using some sort of computer software or technology that is required by the U.S. government, you must remove TikTok in the next 30 days.

The limited exceptions to the removal mandate require federal government approval. The memo mentions national security interests and activities, law enforcement work, and security research as possible exceptions. However, there is a process to apply for an exception – it is not automatic.

Takeaways

Even if you are not a federal employee or a government contractor, this memo would be a good starting place to look back at your company’s social media policies and cell phone use procedures. Do you want TikTok (or any other social media app) on your devices? Many companies have found themselves in PR trouble due to lapses in enforcement of these types of rules. In addition, excessive use of social media in the workplace has been shown to be a drag on productivity.

Article By J. William Manuel and Anne R. Yuengert of Bradley Arant Boult Cummings LLP

For more communications, media, and internet legal news, click here to visit the National Law Review.

© 2023 Bradley Arant Boult Cummings LLP

8 Best Lawyer Forums Online

Though unorthodox for a traditional profession like the law, remote work is becoming a more realistic option for lawyers all over the country. With the help of tools like legal practice management software and options to practice law in multiple states, lawyers everywhere are tackling the challenges of remote work.

But one obstacle that remains is networking. Remote lawyers need to put extra work into maintaining professional connections and building an online presence, both of which are made easier with online forums designed specifically for legal professionals.

What Is an Online Forum?

An online forum is an internet space dedicated to conversation using questions, answers, responses, and prompts. Typically, online forums are asynchronous — users post a question, then other users respond at their leisure.

Posts in forums are archived and arranged into categories like post date, popularity, and more. Discussions can last for hours, days, months, or possibly years, as long as users continue to contribute.

Why Should Lawyers Use Online Forums?

After the rapid shift to remote work during the COVID-19 pandemic, plenty of industries saw the value of allowing employees to work from home – including law firms. More and more lawyers are working remotely, but that could come at the cost of networking.

Networking doesn’t have to mean interactions that take place over coffee, lunch, cocktails, golf excursions, or big events. In the strictest sense, networking is any meeting between people, whether in a group or one on one, online or in-person, which can be done using online forums.

Online forums dedicated to lawyers and the legal industry are an effective way to facilitate networking opportunities when in-person meetings aren’t an option. Getting involved in online forums help lawyers discuss industry topics with experts and thought leaders, stay current on trends and technology, and learn valuable tips from other lawyers.

Top 8 Online Forums for Lawyers

Curious about online forums? Here are the best options for lawyers and legal professionals to engage with other legal professionals and build a network as a remote attorney:

1. Quora

Quora is a broad forum that covers a variety of topics in question-and-answer formats, including the legal industry. You can easily search for questions or topics that are trending in the legal industry and contribute expert answers to boost your credibility. The more answers you provide, and the more other users engage with you, the closer you can get to becoming a thought leader in the space.

2. Bar Association Forums

Bar association forums are always a benefit to lawyers, remote or otherwise. There are plenty of options to choose from, including local bar associations or forums dedicated to your practice area. Best of all, you’ll be engaging with other knowledgeable legal professionals to connect and network.

3. Social Media Groups

Social media channels like Facebook and LinkedIn have dedicated groups that bring together users based on interests or industries, such as the legal industry. These two platforms are among the best for getting into a private or public group and enhancing your online presence. Keep in mind that you are representing yourself as a lawyer in these groups, so use a professional social media account, not your personal one.

The Thomson Reuters Legal Community is an exclusive option for customers of Thomson Reuters that brings together a virtual community of lawyers to network and engage in group settings. You can connect with lawyers from all different practice areas, both locally and nationally, and gain valuable insights from industry experts.

5. The Lawyerist Community

The Lawyerist is an online community dedicated to small firm lawyers to provide coaching, podcasts, books, guides, and other insights. The company has its own online lawyer forum – The Lawyerist Community – on Facebook to discuss law firm best practices, trends, and ideas.

6. Reddit

Reddit has some of the best online forums for a range of different topics, from broad subjects like sports to niche communities dedicated to obscure literature. There’s also a legal forum, r/LawFirm, that’s an informal community for lawyers to discuss running a law firm and the legal industry as a whole. There’s also a lawyer subreddit that you can join if you’re licensed.

7. Slack

Slack is a top-rated collaboration platform that offers individual channels for groups of users. There are several communities dedicated to the law, including LawyerSmack, which is comprised of private attorneys.

8. Law School Alumni Forums

Some law schools have online forums for alumni to stay connected with faculty and colleagues. While not every school offers an online forum for networking, if yours does, you can build vital industry contacts and further your practice. You’ll also get updates on news, trends, and in-person network events by participating in the forum.

Outlook on Online Forums

Remote and hybrid working models are the “new normal,” even for lawyers. Now that law firms and lawyers have seen the benefits in productivity, work-life balance, and enhanced communication afforded by remote work, there’s no going back.

Still, lawyer networking is essential for lawyers to grow their practice, no matter if it’s online or in-person. Along with joining forums to engage in discussions with other industry professionals, you can enhance your remote work with law practice management software. The right law firm software empowers lawyers to manage their practice from anywhere.

Start Networking Remotely

Networking is a big part of successful client acquisition for lawyers. Though it takes a little more work to keep up with networking as a lawyer working remotely, online lawyer forums can keep you connected to other industry professionals. And because you can engage with lawyers all over the country, you can find even more opportunities online than in person at networking events.

Article By Dan Bowman of PracticePanther

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

© Copyright 2023 PracticePanther

University of Texas at Austin Permanently Blocks TikTok on Network

On Tuesday, January 17, 2023, the University of Texas at Austin announced that it has blocked TikTok access across the university’s networks. According to the announcement to its users, “You are no longer able to access TikTok on any device if you are connected to the university via its wired or WIFI networks.” The measure was in response to Governor Greg Abbott’s December 7, 2022, directive to all state agencies to eliminate TikTok from state networks. Following the directive, the University removed TikTok from university-issued devices, including cell phones, laptops and work stations.

Copyright © 2023 Robinson & Cole LLP. All rights reserved.

For  more Cybersecurity Legal News, click here to visit the National Law Review.