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Advertising Law

January 27th, 2012
in Advertising & Marketing, Legal Conferences |

Major brands continue to increase their investments in advertising.  Indeed, sending the right message to customers is more important than ever today, to attract consumer spending in the direction of your company. Advancements in technology have allowed advertisers to become increasingly creative in their advertising efforts.  Marketing one’s brand through social media platforms and other interactive form, as well as mobile technology, allows for greater but extremely targeted reach into the consumer market.  However, a legal system that very often does not contemplate new methods and technologies for marketing create a whole host of potential complications and uncertainties.  And with the European Commission, ASA and comparable bodies throughout Europe now involved in monitoring online advertising and related laws and regulations coming into play–such as the EU Cookies regulation which becomes fully effective in March 2012-   it is vital to also be up to the minute on changes looming on the regulatory horizon.

Whilst exploiting online advertising channels, successful advertisers are making the most of new opportunities through non-digital but effective methods including comparative marketing, product placement and viral advertising, as well as using more traditional “oldies but goldies” channels to their optimal advantage.

For most large brands therefore, a holistic view of the most effective advertising channels is essential, together with a strategic knowledge of how best to exploit these.  For any lawyer advising brands on these efforts, a thorough understanding of what promotional activities their companies (or client companies) are or may become engaged in, together with current and upcoming laws, case decisions and regulations which determine the legal environment surrounding such activities, is of utmost importance. – C5′s 2012 Edition of Advertising Law in the Digital Age is designed with you in mind.

C5 will once again assemble an outstanding line up of speakers, including regulators, policy makers, leading in-house counsel and expert lawyers.   To get an indication of the caliber of speakers we normally assemble, please see last year’s speaker list

3 No cost ways to drive traffic to your website

December 21st, 2011
in Advertising & Marketing, Expert Guest Blog Entries |

Expert Article by Deborah McMurray

It’s almost New Year’s Eve.  I am a believer in making New Year’s resolutions – I make them every year.  When Merrilyn Astin Tarlton and Joan Feldman asked me to write a year-end blog post for their popular blog Attorney at Work, I sought to write one that would inspire readers to make a New Year’s resolution to focus on making their websites more dynamic.  I challenged myself to come up with three no cost or low cost ways to do so – that are assured of driving more traffic to your website.

This article below first appeared on December 14, 2011 in Attorney at Work.

(You can subscribe to the popular (and free) daily Attorney at Work email on their website. It covers the full gamut of marketing, business development, communication and other practice management advice.)

Your 2012 New Year’s Resolution:  “I resolve to do these 3 things to make our firm website more dynamic.  (Oh, and lose weight and call my mother more often.)”

Do you want to find a way to compete better at a low or no cost?  Are you ready to be viewed as the most relevant expert in your field?  Then choose to follow through with this New Year’s resolution to make your website more dynamic.   Here are 3 things you can do yourself – or with a little help from your marketing team.  The only out-of-pocket cost is a little bit of your time, and the results will be as encouraging as losing that extra 10 pounds.

1.  What is the freshness date of your content?
If you launched a website refresh in 2011, you may think your Internet work is done.  The fact is, those design and content updates are sooo, well, 2011.

Destination news sites have spoiled us when it comes to the currency and relevancy of content.  WSJ.com, CNN and NYTimes.com are just three of hundreds of news sites that offer not just today’s news, but this hour’s breaking news.

It’s impossible for most law firms to meet this high standard of currency.  Still, every law firm should critically review content at least every year, if not more often.  With potentially thousands of pages of content, how do you slog through it and test its relevance?  Here’s how.

a.  Choose 30 keywords that are important to your firm and practice.
b.  Plug them one-by-one into your site search and view the search results.  If you represent multinational companies, for example, “FCPA” should lead to a page of results that are both up-to-date and important.
c.  Answer the questions, “Do the search results present our experience in the best light?  Do they highlight our best competencies?” If news articles or e-alerts appear in the search results that are outdated or irrelevant, delete them.

Every piece of old content causes a visitor to question whether you and your firm are stale.  It taints the perceived efficacy of the good content you have.

2.  Do your offline credentialing activities drive targeted, qualified traffic to your website?

Every (I really mean every) speech and presentation you give should drive traffic to specific pages of your website.  Write your speech with this in mind.  Tell a story about a current event that can be analogized to your specific subject matter, use keywords that are in the news and in conversation and relate to your practice, and ensure that these top keywords appear in your bio and practice description (and that they produce relevant search results if a visitor searches by them).

Include various URLs in your presentation materials that answer your audience’s questions – not your main domain, but interior pages, such as www.firmname.com/fcpa/india or www.firmname.com/ThomasJones.

3.   Take this one step further – create QR codes for these important website pages – and include the QR codes in your handouts and on your business card.

Quick Response codes are becoming ubiquitous in certain fields – automotive, real estate, on movie posters near train stations and on products advertised via airport dioramas – but they are seldom used by lawyers as a marketing tool.

Quick Response codes are basically two-dimensional bar codes that can be read by a mobile phone camera equipped with a code-reading app. Once the QR code is scanned, for instance, the web address embedded in the image pops up on the phone’s browser, saving the device’s owner some typing.   Here is a short primer if you aren’t as familiar as you’d like to be.  http://en.wikipedia.org/wiki/QR_codes

While they look like hieroglyphics, they are a one-click pathway to the pages of your website, such as your bio, blog or E-alert library that are the most relevant to what you do.  Instantly create them for new pages on your site to alert visitors and drive traffic to your latest resources.

Here is your step-by-step QR “how-to:”
a.  Download a QR Reader app to your Smart Phone and tablet devices
b.  Open the website page or blog post you want to promote
c.  Copy the URL of that page
d.  Go to http://qrcode.kaywa.com/ -  Look at the example below – Choose your content type: a URL for the specific web page, a piece of text, your phone number or a text message.  Next, type in the URL for that bit of info, choose the output size for your QR code (S, M, L or XL – just like buying a sweater), click Generate! and Voila – it will appear in the box on the left.  In this example, I have generated a QR code for ourContent Pilot Blogazine – and did so in less than 15 seconds.

QR Code graphic - McMurray
e.  Save the QR code to your Pictures file on your computer (label it, so you can keep track of them), then liberally insert it into your print and presentation materials.

f.  To test it, open your Smart Phone QR Reader app, scan your new QR code and it should launch the website or blog page on your device.

Stay tuned for more tips and tools to make your website the centerpiece of your reputation management and business development.  Good luck with your New Year’s resolutions!

The secret to becoming a rainmaker – Part 2 (Or, the “Triangle of Success”)

December 12th, 2011
in Advertising & Marketing, Expert Guest Blog Entries, Expert Guest Blogs |

Expert Article by Deborah McMurray

 

Note: This article originally appeared on Ms. McMurray’s blog. Visit her blog at www.lawfirm4-0.typepad.com/

 

In Part 1 of  “The secret to becoming a rainmaker,” I shared the one thing that I think makes the greatest difference in lawyers who are effective business developers.  Here is an excerpt of that post:

This post isn’t about telling you how to sell.  It’s about me finally articulating the one attribute that stands out among all others – the one attribute that enables lawyers, regardless of practice area, industry strength, personality type, communication style, law firm or law school credentials, to consistently and effectively develop client relationships that pay off.

Here it is:  Stop thinking about yourself.

The “Secret to Becoming a Rainmaker – Part 1″ was that easy.  Now here is Part 2.

Remember the old product/service project triangle: “good – fast – cheap:  pick any two” -?  In another back-of-the-napkin, Pinot Noir-fueled discussion last Thursday with client and friend,Mark Shank, we discussed a “Triangle of Success” for lawyers (all professionals, really – anyone who sells their brain power and experience – including marketers and business development folks).  The traditional “pick any two” doesn’t work for professionals who want to fast-forward their careers.

The “Triangle of Success” principle is nearly as simple as “Stop thinking about yourself.”  For the highest level of success in the formative years of your career, professionals must equally embrace each side of the triangle.  The three legs of the triangle are:

  • Relationship development
  • Reputation management
  • Service delivery

What we see here is an equilateral Triangle of Success.  When one’s career takes off, it’s natural to adjust the focus of the triangle – perhaps, as we learned in 10th grade geometry class, to an isosceles triangle, where you invest more heavily in two sides that are of equal length, with a third side that is shorter.  Another option is where all three sides are of unequal length, as illustrated in a scalene triangle.  But – for your success trajectory to continue throughout your career, you must invest something in all three areas.

Professionals who are especially technically proficient in their subject matter dismiss relationship development as too “touchy-feely.”  They often don’t respect those whose greatest proficiency is establishing rapport and trust among prospects and clients.  This group struggles to recognize that without clients, no law firm would exist.

Certain lawyers build their reputations through credentialing activities, such as speaking, publishing, blogging or tweeting.  They are known for being experts in an area, but they are sometimes not regarded for their exceptional service delivery.  Other practicing professionals may regard this group as “self-promoters,” spending too much time on credentialing and not enough on clocking billable hours.

And the final triangle-leg is made up of those who are strong legal practitioners, who are the happiest when they are closed in their offices tackling a client’s issue.  This group often relies on others to bring in the work – and they would feel challenged by having to give a speech or develop lasting, meaningful relationships with people who could be clients.

The need for balance is obvious, but too many professionals are – (I’m going to say it) – slackers in the areas that sit just outside their comfort zone.  Investing in the Triangle of Success takes commitment early in your career, similar to the discipline we have when it comes to exercise or eating right.  Don’t just invest in the areas that are easy for you – equally invest in all three.

When you’ve attained a level of success, you can adjust your investment so that it is tailored to what you enjoy most.

Deborah McMurray

December 12th, 2011
in Advertising & Marketing, Expert Guest Blog Entries, Expert Guest Blogs, Legal, Legal Conferences, Legal Conferences |

Biography

Deborah McMurray is CEO and Strategy Architect of Content Pilot LLC.  She has co-authored or co-edited five books on topics related to marketing and Internet marketing for lawyers.  In March 2008, she was inducted into the Legal Marketing Association’s Hall of Fame and in 2007, elected as a Fellow in the College of Law Practice Management.  Her company, Content Pilot, specializes in strategic marketing initiatives and marketing technologies, including the design of Web sites and Web-based proposal centers, budget management and measurement tools, and more.

 

Expert Articles

 

Contact Deborah McMurray

 

 

June2011: ACI Blog update

June 17th, 2011
in Advertising & Marketing, Anti-Corruption / FCPA, Employment & Benefits, Expert Guest Blog Entries, Financial Services, Healthcare, Insurance and Reinsurance, Intellectual Property, International Trade & Defense, Legal Conferences, Litigation, Regulatory Compliance and Trade, Surveys and Polls |

[slideshare id=8101315&doc=june2011-13063523326082-phpapp02-110525150028-phpapp02&type=d]

Kyle-Beth Hilfer quoted in The Prepaid Press about Groupon Class Action Lawsuits

May 18th, 2011
in Advertising & Marketing, Expert Guest Blog Entries |

Kyle-Beth Hilfer Website and BlogExpert Article by Kyle-Beth Hilfer

Kyle-Beth Hilfer was quoted in The Prepaid Press’ article “Group Buying is a Hot Trend: Can Deals Make Loyal Customers?”.  She comments about the class action lawsuits pending against Groupon. Read the article by clicking here

While daily deal sites are meant to create loyalty for the merchant, in some cases, they are alienating consumers. Most daily deals expire within a few months, lowering the odds that the consumer will have time to redeem them. Consequently, there has been a rash of class action lawsuits filed against Groupon and LivingSocial in the last few months challenging the sites’ expiration date policies. Consumers have filed suit in federal courts in California, Florida, District of Columbia, Illinois, and Minnesota. The main legal issue at stake is whether prepaid “daily deals” for discounts constitute gift certificates regulated under by the Credit Card Accountability Responsibility and Disclosure Act (the CARD Act) and the Electronic Funds Transfer Act (EFTA). These statutes mandate, in part, 5 year expiration dates. The class action lawsuits seek an injunction against short expiration dates and damages for class members. The disposition of these cases could change the business model for expiration dates on daily deal sites.

© Kyle-Beth Hilfer, P.C. 2010. Kyle-Beth Hilfer, Esq. specializes in advertising, marketing, promotions, intellectual property and new media law. For more information about her law practice, please visit www.kbhilferlaw.com.

Click here to read more articles by Kyle-Beth Hilfer

Five Common Legal Errors in Internet and Social Media Marketing

May 18th, 2011
in Advertising & Marketing, Expert Guest Blog Entries |

Ky;-Beth Hilfer Website and BlogExpert Article by Kyle-Beth Hilfer

I have met a surprising number of experienced business people who do not budget for legal advice. Here are five common legal mistakes in Internet and social media marketing that can result in financial penalties and business interruption.

1. COPYRIGHT MISTAKE: Photographs on Google Images are not free for the taking. Regardless of whether a photograph bears a copyright or watermark symbol, it is not in the public domain. Someone holds the copyright. It may even be a famous organization like Getty Images. If you use these images, you may receive a cease and desist letter and a claim for financial damages. Always take photographs from stock photo houses or buy rights directly from the photographer. Read the licenses to be sure you understand your rights.
2. TRADEMARK MISTAKE: Trademark infringement is not based on precise copying. The test for trademark infringement is likelihood of confusion in the marketplace. This means altering one word of a slogan may not ward off a trademark infringement claim if you market in similar trade channels with similar goods. Take the time to create original trademarks.
3. DATA COLLECTION MISTAKE: If you are collecting any consumer data on your website, in social media, or on mobile devices, you should publicize a privacy policy that explains to consumers where that data goes, how it is shared, and how it is protected. An astounding number of website owners do not protect themselves properly with updated Terms of Use and Privacy Policies. Many who have those policies do not update them annually. Review these policies annually with legal counsel to see if they still align with current business practices.
4. PRIZE PROMOTION MISTAKE: If you are running a sweepstakes or contest, do not copy rules from another promotion you find on the Internet. Every promotion has its own details that require careful crafting of rules. Each of the 50 states has complex statutes governing prize promotions. There are a variety of contrasting requirements on such issues as rule requirements, disclosures in advertising, prize delivery, and registration and bonding. Using social media platforms for public voting can render the promotion an illegal lottery if not implemented properly. Prize promotions require close legal vetting.
5. MOBILE MARKETING MISTAKE: An astounding number of marketing companies are trying to break into the fast growing area of mobile marketing. They rely on third party lists of mobile phone numbers, and they have not done proper due diligence. They do not understand the legal requirements of obtaining consumer opt-in before commencing a mobile campaign. Enforcement of federal statutes in this area as well as state attorneys-general investigations are on the rise. The financial ramifications of a failure to obtain a proper opt-in can be staggering. Consult with your legal counsel about the proper way to obtain the opt-in before commencing a mobile campaign.

© Kyle-Beth Hilfer, P.C. 2010. Kyle-Beth Hilfer, Esq. specializes in advertising, marketing, promotions, intellectual property and new media law. For more information about her law practice, please visit www.kbhilferlaw.com.

Click here to read more articles by Kyle-Beth Hilfer

Use Facebook, Twitter, LinkedIn and Blogs for Law Firm Marketing

May 4th, 2011
in Advertising & Marketing, Expert Guest Blog Entries |

Expert Article by Larry Bodine

It’s no surprise that the top four social media tools used by marketers everywhere (not just the legal profession) are, in order: Facebook, Twitter, LinkedIn and Blogs, with YouTube close behind.

The hidden gem in the study by the Social Media Examiner blog is that video marketing is on the rise.  A  significant 77% of marketers plan on increasing their use of YouTube and video marketing, making it the top area marketers will invest in for 2011. Businesses with 1,000 or more employees indicated YouTube is a key area of marketing activity.

Facebook, twitter, linkedin, blogs, YouTube

Respondents said:

  • The #1 benefit of social media marketing is standing out in an increasingly noisy world.
  • 2/3 of marketers said a benefit of social media marketing is a rise in search engine rankings.
  • More than half of marketers found the social media generated qualified leads.
  • 72% of marketers who have been using social media for more than three years said it helped them close business.
  • Nearly all marketers report it generates increased exposure for their business.
  • B2C marketers focus on Facebook.
  • B2B marketers focus on LinkedIn and video.

Social Media Examiner’s survey had 3,342 participants.

 

Click here to read more articles from Larry Bodine

Larry Bodine

May 4th, 2011
in Advertising & Marketing, Expert Guest Blog Entries |

Biography

Business Development TrainerLarry Bodine is a business development trainer who has helped more than 250 law firms generate revenue and get new business by:

Training lawyers at firm retreats. At one-day or half-day programs, lawyers learn all the business development techniques that work, and are steered away from those that don’t. A retreat is an ideal kick-off event to launch a business development initiative.

  • Coaching lawyers to develop their personal marketing plans. Using his proprietary four-page form, lawyers will meet with Larry to create a plan to pursue clients, referral sources, cross-selling opportunities and organizations of clients.  Typically, lawyers will multiply their revenues once a plan is in place.
  • Developing business development strategies. As a result, firms can identify their most lucrative, ideal clients; develop pursuit teams to acquire them; identify target industries where they have strength; have a five-year vision for the firm; and use a series of tactics to succeed.
  • Using technology to market a practice. Blogs, podcasts, Webinars, e-Newsletters and Web sites extend a lawyer’s marketing reach, and work for a lawyer around the clock.

For more information, see www.LarryBodine.com.

A former litigator, Mr. Bodine has served as an expert witness in litigation involving Internet marketing disputes, including:

  • Advertising Dispute Between Two Leading Law Firms. In this case in state court between two prominent law firms, he was retained by the plaintiff to render an opinion on whether it was reasonable for the defendant to use the plaintiff’s name as a keyword in a pay-per-click advertising campaign.
  • Quantifying Just How Famous is Paris Hilton is. Mr. Bodine was retained by the plaintiff in a state court libel lawsuit in a case against celebrity Paris Hilton.  He wrote a report quantifying Paris Hilton’s presence on the Internet and the extent to which a defamatory remark spreads on the Internet.
  • The Value of a Website with a #1 Search Engine Ranking. In this case in US District Court, he was retained as an expert witness for the plaintiff in a case involving a dispute over the value of the plaintiff’s website. He wrote a report, was deposed and the case settled.
  • Law Firm Hijacks the Name of the Founder. Mr. Bodine was retained as an expert witness for the plaintiff in a case involving the marketing effect of wrongfully advertising a Milwaukee lawyer’s phone number and address to be at a competing law firm.  The case concluded with a very large settlement for his client.

Mr. Bodine has launched several online ventures that are considered the top destinations for information about law firm marketing.  He founded:

  • The LawMarketing Portal Web site, www.LawMarketing.com.
  • The bi-weekly LawMarketing e-Newsletter, which is broadcast to 2,000 subscribers across North America.
  • The LawMarketing Blog at http://blog.larrybodine.com.
  • The LawMarketing Listserv, founded in 1996, www.LawMarketing.Biz.
  • Apollo Business Development Webinars, which has presented fee-based online programs for seven years at www.PBDI.org.

Prior Employment

  • Director of Communications of Sidley, Austin Brown & Wood based in Chicago for eight years in the 1990s.
  • 15 years’ experience as a journalist, serving as Editor and Publisher of the American Bar Association Journal and other news publications.
  • Litigator with Stafford, Rosenbaum, Rieser & Hansen in Wisconsin.

Honors & Educational Activity

He is a Technolawyer Legal Technology Consultant of the Year, and an Edge Award winner, for writing the best article published in the ABA’s Law Practice magazine: “What the Web Can Do for You” (Vol. 28: No. 8).

Mr. Bodine conducts online Web Seminars on business development and marketing.  See www.PBDI.org. He is also a well-known speaker on business development topics, including presentations for the American Bar Association Annual Meeting, several state (Arizona) and local (Chicago) bar associations, the TAGLaw network, ALFA International Global Legal Network, the National Association of Minority & Women Owned Firms, the Total Practice Management Association, ALM’s LegalTech, the Legal Marketing Association, and the Association of Legal Administrators.

He is a cum laude graduate of both Seton Hall University and Amherst College.

Expert Articles

Contact Larry Bodine

Larry Bodine
Business Development Trainer
Phone: 630-942-0977
Lbodine@LawMarketing.com
www.LarryBodine.com
@larrybodine

Greenberg Glusker Lands $600K+ in New Business by Ravamping CRM System

April 20th, 2011
in Advertising & Marketing, Expert Guest Blog Entries |

Expert Article by Larry Bodine

CRM is the red-headed stepchild of law firm marketing. Lawyers are by nature reluctant to share their hard-earned contacts with others.  CRM is a headache for marketing departments, which have the thankless task of updating the databases. CRM rollouts have an 80% failure rate, according to CRM.com.

But impressively, a Los Angeles law firm “rebranded” its CRM system, presented it as something new and inspired widespread usage of the system by the firms lawyers and staff. “Greenberg Glusker transformed its CRM from DOA to BFF,” quipped Director of Marketing Jonathan R. Fitzgarrald.

It took 12 months — but new business linked to the initiative includes representation of investment banker in $150M financing, with more than $600,000 estimated in attorneys’ fees.  And the firm won an LMA Your Honor award to boot.

Greenberg Glusky CRM CPR campaignThe 70-lawyer firm called it C-P-R (Clients, Prospects, Relationships) for CRM. “Our strategic objective was to identify and promote cross-selling opportunities across all practices of the firm, and increase efficiency and effectiveness of practice development efforts by leveraging a CRM application,” Fitzgarrald said. “Our marketing goal was to foster a firm-wide, cross-selling culture by building trust and confidence in a CRM application.”

It took an internal marketing campaign featuring posters and “desktop drops” to get skeptical lawyers and secretaries to come to training sessions. IT and marketing put their heads together to create a new user interface and navigation. The firm use real-life scenarios to train their people on creating a new company profile and creating a person profile.

And by the end, the firm got an astonishingly high participation rate. To find out how the firm did it, visit the LawMarketing Channel to read Greenberg Glusker Transforms its CRM from DOA to BFF.

Click here to read more articles by Larry Bodine

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