I Caught It ' Can I Keep It? <br<<i><b>Keeping Your Client Out Of The Competitive Pool</i></b>
The conventional wisdom is that it costs more to get a new client than to keep an old one. And for once, the conventional wisdom is correct. Yet, many professionals too readily take clients for granted. Or don't look for opportunities to increase revenues from perfectly satisfied clients.
What Works and What Doesn't in Legal Advertising
In advertising, it's amazing what works and what doesn't work. It isn't always what you think it is.
WHY BAD THINGS SOMETIMES HAPPEN TO GOOD MARKETERS <i>And What To Do About It</i>
It happens sometimes. A clever ad falls flat. A marketing program that would get an 'A' in most MBA programs produces yawns for a law firm. A direct mail letter to a well-thought out target audience lands with the thud of huge silence. Why?
BE NICE TO THE MEDIA<i>Or Else You'll Turn Into A Pumpkin -- Or Something</i>
Your mother raised you to be nice to everyone, and you've always been taught to be nice to journalists. Answer their questions. Tell them everything. Stop what you're doing and cooperate. Be polite. That's the conventional wisdom. You've even heard that in these pages. But are there ever times to tell the media to bug off, and leave you alone? Maybe. …
BE NICE TO THE MEDIA<i>Or Else You'll Turn Into A Pumpkin -- Or Something</i>
Your mother raised you to be nice to everyone, and you've always been taught to be nice to journalists. Answer their questions. Tell them everything. Stop what you're doing and cooperate. Be polite. That's the conventional wisdom. You've even heard that in these pages. But are there ever times to tell the media to bug off, and leave you alone? Maybe. …
Do You Give Samples?
Every so often, in a particular area of a professional practice, somebody gets the bright idea to give samples ' to give a half hour of free advice as a way to entice a prospective client to ask for more. Two questions arise. Is it ethical? Is it good marketing? The unqualified answer to both is ' it depends.
When You're All Alone In the Forest
In an economic environment in which the larger firms are competing with the smaller firms for the smaller clients, and in which law firms are retrenching and the client pool is diminishing, can the sole practitioner or the smaller firm compete in this arena?
The Arcane Art of Managing Marketers
The Difference Between Doing And Managing Marketing In the early, primitive days of marketing professional services, there weren't enough people doing marketing for law, accounting, and consulting firms to think much about departmental management. The exceptions, of course, were the larger firms, particularly those for whom, in the beginning, having more people on staff was often equated to better marketing. Marketing, at the beginning, was invariably assigned to a partner, who had only a vague'
The Arcane Art of Managing Marketers
The Difference Between Doing And Managing Marketing In the early, primitive days of marketing professional services, there weren't enough people doing marketing for law, accounting, and consulting firms to think much about departmental management. The exceptions, of course, were the larger firms, particularly those for whom, in the beginning, having more people on staff was often equated to better marketing. Marketing, at the beginning, was invariably assigned to a partner, who had only a vague…
The Arcane Art of Managing Marketers
The Difference Between Doing And Managing Marketing In the early, primitive days of marketing professional services, there weren't enough people doing marketing for law, accounting, and consulting firms to think much about departmental management. The exceptions, of course, were the larger firms, particularly those for whom, in the beginning, having more people on staff was often equated to better marketing. Marketing, at the beginning, was invariably assigned to a partner, who had only a vague…
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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›