JD Scoop

What Do Your Clients Expect of You? [Video]

Tue, 15 May 2012 10:19:21 -0800

...ask them! That's what law firm Sands Anderson did - and here, in two video takes, is what they learned:

...

Links to the two videos:

And for your convenience, a handful of quotes/takeaways from both videos:

"We count on our attorneys to support us and give us the right advice and the guidance to make the decisions we need to grow..."
"I feel comfortable calling my attorneys at different times to bounce ideas of them, ask questions, help them support me..."
"Incredible follow-up, incredible follow-through..."
"I love a firm that has focus behind their expertise and they continue to get better in that area..."
"[Our law firm] works with us to help our clients... our clients love you guys."
"We know many of you personally. We know that behind the professional firm there are people of good value who believe in taking care of others."

In short: Support. Guidance. Trust.

Sands Anderson PC is based in Virginia and North Carolina. If you haven't yet seen marketing director Russell Lawson's video explanation of how he motivates the firm's attorneys in their online efforts, you should watch it now.

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Social Media for Lawyers: You Should See...

Thu, 10 May 2012 12:16:58 -0800

[Link: Shauna Causey, Social Media Rockstar, Explains Using Personality to Connect to Clients]

Starting with the above video (part of LexBlog's excellent coverage of the recent Avvocating conference in Seattle) here's a roundup of recent posts on JD Supra offering insights to lawyers and law firms who want to make good use of social media in their online efforts.

For your interest:

Connecting Dots: Practical examples of how social media can work in the law-firm sales funnel (Steve M. Bell, Womble Carlyle):

"At Womble Carlyle, we have been considering how to transition one group of lawyers serving a slowing marketplace into a new and at-least-somewhat-related marketplace that might make good use of their skills and not require a complete re-tooling. Naturally, as we contemplated this strategic repositioning, we tapped the familiar sources of such business information. But because of the existence of social media, we were able to add an additional layer of understanding. It's amazing what one can learn about a new industry or legal sector..." Read Steve's entire piece>>

[Also from Steve: Web 1.0 is decadent and depraved and Fear and Loathing on Web 2.0]

How Law Firms #fail at Social Med (Steve Matthews):

"Before we can talk about law firms' social media failures, we weed to know what exactly we mean by "success." Experience has taught us a few things about successful participation online for both law firms and their lawyers. Success follows law firms that constantly consider and plan their substantive message and focus on bringing that message to an audience where it can resonate..." Read Steve's entire piece>>

Social Media for Attorneys: Tips for Getting the Most Out of LinkedIn (Stephen Fairley, The Rainmaker Institute)

"LinkedIn Signal - build new connections by seeing who is talking about news in your practice area by switching the search bar on your LinkedIn page to "Updates". Narrow your search by region, company, etc. by checking off the boxes on the left..." See all of Stephen's post>>

[Also by Stephen: Law Firm Marketing: Why Attorneys Should Care About Google+]

Aside: the remainder of articles in this post were in fact not written by people named Steve or Stephen. Should that, you know, make any significant difference to your further reading pleasure:

5 Things Attorneys Need to Know About Social Media (by April Besl at Dinsmore & Shohl):

"Social media isn't something that can be pigeonholed into one segment or area of yours or your client's business. Instead, it impacts every facet of the business, from human resources and marketing/advertising to research & development, and routine operating decisions. Even if you or your clients are only using social media for occasional free advertising, the employees of your organizations are using social media daily, bringing with that new issues in labor, intellectual property, corporate and other areas of the law that must be addressed..." Read April's entire post>>

Bloggers: Want Some Tips on Engaging Your Readers? (Cordell Parvin):

"You can write 100 briefs without using the pronouns 'me' or 'I' and that's fine. But a blog is an opportunity to connect with the reader on a more personal level. You do that by sharing your own experiences, being conversational, and (assuming you have one and it's not detestable) letting your personality show..." Read Cordell's entire piece>>

Are Social Media Worth Your Time? (Adrian Dayton):

"More than half of firms surveyed received leads on new matters and 41 percent reported that social media and blogging brought in between $5,000 and $200,000 in new business. So what was different about the firms that reported success and the ones that did not?" Read Adrian's entire piece>>

[Video] Attorney Ethics in the Realm of Social Media: Josh King, VP of Business Development & General Counsel at Avvo (LXBN):

Another video from LexBlog's Avvocating coverage: "So often when we talk about legal marketing ethics and social media, we start with the risks, the pitfalls. It was refreshing then when Josh King, General Counsel at Avvo, remindinded those in attendance at the opening session of Day 2 at Avvocating 2012 that attorneys have every right to use social media to enhance their practices. Though some states have somewhat ridiculous regulations on attorney advertising, it is actually very hard to restrict speech so long as it isn't 'commercial language'..." Watch the entire interview>>

Finally, also see: Developing Your Social Media Strategy, slides from a panel at the West LegalEdCenter Social and Digital Media conference in New York in 2011 (incl. yours truly, Jayne Navarre, Brian Wassom, and John Hellerman).

In June I will be speaking at the next Hildebrandt Institute and West LegalEdcenter program in San Francisco: Social and Digital Media for Law Firms 2012.

It is a single-day event, "focusing on the emerging strategies, tactics and case studies in the successful use of social media by law firms." Register at the link above, and be sure to use the code SML12 to receive 20% off of your registration fee. Join us!

@adrianlurssen

Dewey & LeBoeuf: Demise of a Law Firm

Thu, 10 May 2012 10:58:51 -0800

[Update: after we originally published this post, Bloomberg uploaded its latest video interview on the story - this one with former Dewey partner, Stuart Saft, the first partner to speak on camera:]

[Link: Dewey Ex-Partner: Headhunters and Media Tanked the Firm]

Earlier this week in its coverage of the unfolding Dewey & LeBoeuf story, Above the Law referenced an interesting 2009 article by business lawyer Edwin Reeser titled The Big Law Firm Demise - It Happens Like This.

As ATL pointed out: "Reeser identified nine signs that a firm is in trouble. Going into 2012 (if not well before the start of the year), Dewey exhibited all or almost all nine of them..."

It's a thoughtful piece by Reeser, well worth a read in its entirety, with or without the Dewey story as backdrop. An excerpt:

"There is little transparency related to decision-making and strategic objectives. Decisions that were previously the subject of wide discussion become increasingly reserved for a smaller coterie of decision-makers without notice or even disclosure to the partnership at large. Essentially, the nature and role of the equity partner becomes more like an employee at will and less like a shareholder..."

For your interest, starting with these two Bloomberg Law video interviews, here's a look at how others have analyzed the Dewey & LeBoeuf story over the past few weeks:

[Link: Businessweek Reporter: 6 More Dewey & LeBoeuf's on Horizon]

[ Link: Are Dewey's Difficulties A New Law Firm Trend? with ATL editor-in-chief David Lat]

From attorney, law firm management consultant, and certified title punster Jerome Kowalski:

Excerpted from the last link above:

"One of the odd things is that many at the top of Dewey's dysfunctional food chain - extremely bright, accomplished and talented lawyers - could have avoided much of the pain that lies ahead of them by simply characterizing their relationship with the law firm as something other than 'partners.' The irony is that many of these folks were not partners. They did not share in profits or losses. They had fixed multi-year contracts under which their income was guaranteed, regardless of the fortunes of the law firm. These agreements were the products of avarice, greed and shortsightedness, which could have and should have been avoided."

Of additional interest is this earlier piece by communications pro John Hellerman, written with Howrey in mind, but certainly the points are relevant today: 5 Marketing Lessons from Howrey's Graveside.

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We'll post further commentary as it comes in.

What's your take on the story? Leave a comment...

How Do You Make Something Involving a Lawyer Go Viral on the Internet? [Video]

Fri, 20 Apr 2012 14:23:51 -0800

Good question. Bloomberg Law has an answer and here it is.

[Terms of Use: By clicking play above, you hereby waive any right, title, or interest to the 1:58 seconds of your life that this video will expend and agree to hold JD Supra harmless from any an all action to recover such time in recognition that the company would provide such recompense were it in a position to do so. Woof!]

[Video link: Lawyer Dog Goes Viral - Bloomberg Law]

5 Types of Audience Targeting on LinkedIn (for Your Law Firm Content)

Thu, 19 Apr 2012 08:50:32 -0800

With the recent announcement of Targeted Updates on Company Pages, LinkedIn has created yet one more way for lawyers and law firms to share content with segmented audiences on the professional network.

When it comes to Content Marketing, it's all about reaching the right people at the right time, and LinkedIn makes this easier than ever. In fact, there are now five key types of audience targeting on LinkedIn, each with its own particular strength. Here's a quick overview of each - and why they should be of interest to your law firm:

1. The Professional Network

A no-brainer, and first on the the list because this is where everyone should start. This audience might not be "segmented" in the traditional sense of the word (ie, exclusively leaders in the insurance industry), but, as a measure of the personal and professional relationships forged by each attorney in your firm, it is incredibly valuable.

I find that, given LinkedIn's professional context, most connections in my network don't abuse the ability to share and engage. I check in several times a day and the stream of content produced by my network is always fresh and interesting (more signal, less noise).

The takeaway: each attorney in your firm has the ability to grow a trusted audience on LinkedIn. Without abusing the privilege of this attention, your attorneys should be sharing law firm content within their networks. This is indeed a targeted group of readers for your updates and publications, including the ability to cross-promote expertise from other practice groups (example: someone in your Corporate Law group shares the latest white paper on an aspect of family wealth management for owners of private companies, produced by your Estate Planning team.)

2. LinkedIn Groups

Yes, group members are another form of targeted audience on LinkedIn. The act of joining a group is a form of self-selection, segmentation ("This is what interests me").

Each group has its own self-policing set of rules regarding what members can share and how, but I have come to count on the daily and weekly group emails as another source of targeted information provided by LinkedIn. Your firm should be participating.

I find that most attorneys tend to join LinkedIn groups populated by other attorneys. A better strategy: join the groups that cater to the industries in which you work. Use those groups (in HR, energy, insurance, finance, securities, life sciences, etc.) to hear what is on the minds of the professionals you serve. And also, as appropriate, use those groups to disseminate meaningful, targeted content produced by your firm, on topics that matter to group members. Terrific thing about groups: engaging content often spurs immediate conversation.

3. Company Profiles

In our experience, by now most law firms have established a Company Profile on LinkedIn. And the recent Targeted Updates announcement pertains to this particular feature.

Your "followers" are already a well-targeted group on LinkedIn; they're all professionals who've opted to hear from your firm. Every one of your updates appears in their network stream. Now, LinkedIn has produced a number of tools that make it even easier to segment that pool of followers, including the ability to share with people by industry, location, or company size.

It's an excellent feature (and I suspect a response to targeting offered by Facebook and Google Plus), backed by the ability to measure engagement for your shares. In order to be effective, it does, however, require that you have a large enough group of followers in the first place. (At a glance, most law firm profiles appear to be followed by hundreds of people, not thousands.) Luckily there's a solution; another new offering: you can now add a button to your website encouraging visitors to follow the firm directly on LinkedIn.

4. JD Supra's Legal Updates on LinkedIn

Do I have a bias here? Absolutely, guilty as charged - and yet, our Legal Updates LinkedIn InApp remains one of my favorite ways to reach targeted audience on the professional network.

Why? Well, an update on your Company Profile is a way to reach people who have opted to hear about your law firm. An update via "Legal Updates" is a way to reach people who have opted to hear about specific legal issues that matter to their business.

With the former, you engage people who already know about you. With the latter, you extend your reach, engaging with people beyond your network who don't yet know your firm and its expertise, but should.

Legal Updates distributes law firm content to any professional who has added the application to their LinkedIn profile. Users receive advisories and updates pertaining to their industry (insurance law news to people in insurance, finance and banking to professionals in that field, and so on) - and anyone can customize the feed to add any other legal subject that interests them.

The app allows your firm to reach a targeted audience beyond the scope of the network you and your attorneys are building. Content in the app is easily shared and it all drives back to the firm or attorney who authored the work in the first place. In this way, it complements your networking and audience-building as outlined above; we see readers connect directly to the firms and attorneys whose work they discover and appreciate via Legal Updates.

5. LinkedIn Answers

There are three types of meaningful audience available to your firm via LinkedIn's "Answers" feature. The first: the professional who asked the question in the first place. Highly targeted because, most of the time, questions tend to be quite specific. It's an opportunity not for a general update on a broad topic by one of your attorneys, but for a showcase of some pretty specific expertise. That's worth the time it takes to find good questions and answer them.

The second audience: others who have answered that same question. In the mix, you'll find professionals for whom this topic is important. Such people are worth knowing, and they should know about the expertise held by attorneys in your firm.

The third audience: lurkers, those people who don't ask or answer questions, but browse or search LinkedIn Answers for the information they need. This will be the largest of those three audiences, and taken as whole, it is a good, targeted audience, worth your effort on LinkedIn.

Some attorneys will undoubtedly hesitate over ethical issues raised by answering specific questions on LinkedIn. I think you can craft a way to both share useful information and not bump up against those concerns. Either way, as with the other avenues outlined above, all roads should lead back to your firm, and the attorneys in it.

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@adrianlurssen

Allen Matkins on: Legal Marketing with Law Firm Video

Tue, 17 Apr 2012 14:41:37 -0800

Have you seen any of the videos produced by California-based law firm Allen Matkins? I recommend them.

In fact, I suggest starting with the above -- it's an in-house look at how the AmLaw firm got into video production in the first place. Created to mark their recent "Your Honor" award for interactive marketing from the Legal Marketing Association, it's an excellent showcase for any CMO or MD who might be considering video for their law firm.

Allen Matkins decided to take the plunge into video at the end of 2010. As the firm's marketing & biz dev director Adam Stock points out, they started with an experiment, a question: what does the video version of a normal law firm communication look like?

Stock hired a former television news journalist and initially the firm produced eight videos. Now, just over a year into it, Allen Matkins has more than 100 well-produced (and well-received) videos in their archive. You can hear more about the process - and the results - in the clips above.

And once you're done with that, check out the following - recent examples of the Allen Matkins video production team doing what they do well:

[Link: Sackett v EPA - Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders - David Cooke...]

[Link: California Redevelopment Agency Update: The Implications of the Matosantos Decision...]

[Video Link: Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant...]

Watch additional Allen Matkins video on the firm's JD Supra portfolio, or on its video-friendly website, as referenced above.

As Adam Stock said in his showcase video: "One of the big challenges in selling legal services is that you are selling individuals, and unlike a product you can't put 'em in a box."

Attorney-centric video updates and analysis (just like those produced by Allen Matkins) certainly help to overcome this challenge. Some firms start by hiring broadcast journalists and setting up their own digital media studios. Others start with a single recording on an iPhone video camera.

In the coming weeks, we'll feature other firms distributing their excellent videos on JD Supra. Stay tuned. And if you have video to post, get in touch...

@adrianlurssen

With New Timeline, a New Look for Law Firm Publications on Facebook

Mon, 02 Apr 2012 07:43:54 -0800

By now you've undoubtedly heard from every quarter (and have probably seen for yourself) that Facebook rolled out it's new "Timeline" for business pages over the weekend.

In anticipation of the change, we redesigned our JD Supra Documents application to take advantage of the new look-and-feel of professional Facebook pages.

As you know, our "Documents" application allows law firms to publish their portfolio of JD Supra legal publications directly within a firm Facebook page. Once connected, every new upload to JD Supra will be included automatically on that firm's Facebook page.

For examples of this app in action, see White & Case, Fenwick & West, Davis Wright Tremaine, and Wilson Sonsini, among others.

(Visit any of the firm pages above to see how we updated the design of Legal Updates within Facebook; changes are live.)

With the new Timeline, Facebook actually opened up more space for application pages, and we took advantage of the wider "canvas" to make Legal Updates on Facebook look more like Legal Updates on JD Supra.

The app's core functionality remains the same:

Use JD Supra Docs to connect your JD Supra and Facebook accounts, and include your legal publications directly within your Facebook page
Automatically announce each new upload on JD Supra as a status update on your Facebook wall (optional)
Name your Facebook portfolio anything you want: Resources, Blogs & Advisories, Publications, Documents, etc. (new default setting is: Legal Updates)

Facebook's new Timeline also brings more visibility to apps installed on pages, and so we believe more visitors to your page will click through to your publications. That's a good thing:

If you haven't yet made the connection between JD Supra and Facebook, do so now.

We're happy to help, send a note if you need it.

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@adrianlurssen

eDiscovery Roundup: Recoverable Costs, Records & Information Management, Predictive Coding, Zubulake, and More

Tue, 27 Mar 2012 11:02:35 -0800

For your convenience, a roundup of recent Electronic Discovery articles and updates posted on JD Supra. Includes video, below:

- Loser Pays Most Electronic Discovery Costs? Not So Fast [Morgan Lewis]

"The court of appeals found that less than 10% of the costs the district court awarded for electronic discovery charges were in fact taxable, eliminating more than $335,000 of the award. The court of appeals allowed recovery only for the costs it deemed equivalent to "making copies" under 28 U.S.C. § 1920(4), such as transferring VHS tapes to DVD, scanning hard-copy documents into electronic images, and converting native files into TIFF format..." Read on>>

- Recovery of E-discovery Costs [Miller Canfield]

"As these cases indicate, there is no consensus among jurisdictions regarding recoverable costs. However, courts have agreed on the importance of submitting a detailed bill of costs in order to recover even basic e-discovery related costs. In Ricoh, for example, the court remanded a $300,000+ award for reproduction and exemplification because the bill of costs did not provide sufficient detail to justify the award..." Read on>>

- Court Recognizes Computer-Assisted Review as an Acceptable Way to Search for Relevant Electronic Documents in Discovery [Patton Boggs]

"In the case of De Silva Moore v. Publicis Groupe, the parties agreed to computer-assisted review but disagreed on the coding protocol. In the opinion, the court addressed the protocol concerns and approved the use of computer-assisted review in discovery. The court noted that computer-assisted review is an available tool for discovery and 'should be seriously considered for use in large-data-volume cases where it may save the producing party (or both parties) significant amount of legal fees in document review.'..." Read on>>

- Federal Court Applies Common Sense To "eDiscovery"; Sets Standard for Search Term Reasonableness [Quinn Emanuel]

"A recent federal court decision out of the District of New Jersey, I-Med Pharma, Inc. v. Biomatrix, Inc. et al., No. 03-3677 (D.N.J. Dec. 9, 2011) (Debevoise, J.) provides a set of common-sense standards for proceeding with ESI discovery searches and review, and clarifies that "exceptional circumstances" are not required to modify a discovery order, even one based on stipulation, where search terms turn out to be overbroad..." Read on>>

- Records and Information Management and Retention (Slideshow) [Venable]

"Records and Information Management ("RIM") is a tool to manage the costs of storage of records and maintenance of electronic information, and the risks associated with either (a) not having records that are legally required to be retained, or (b) maintaining records that could have been destroyed or deleted pursuant to a RIM Policy..." Read on>>

- First-Ever Court Decision on Predictive Coding Approves Using Software to Identify Responsive Documents [Morrison & Foerster]

"Predictive coding, as explained below, is a method of using computer software to identify the relevant documents. Under the right circumstances, use of predictive coding can be a less expensive alternative to the traditional document-by-document review model. Because this is the first court decision to discuss predictive coding, it will likely influence how predictive coding is treated by other courts..." Read on>>

- Predictive Coding Receives Judicial Stamp of Approval [Reed Smith]

"The Da Silva Moore opinion may go a long way toward allaying fears of lawyers about the use of this technology because they "no longer have to worry about being the 'first' or 'guinea pig' for judicial acceptance of computer-assisted review." Id. at 25. However, the opinion notes that the use of predictive coding is not suitable for all cases. Clients and their counsel must determine on a case-by-case basis whether predictive coding is appropriate for the case at hand..." Read on>>

- New York Appellate Court Adopts Zubulake in Imposing Adverse Inference for Handling of E-Mails [Schnader]

"In EchoStar, a unanimous First Department panel found that EchoStar Satellite LLC, the owner of the DISH Network satellite broadcasting company, failed in its duty to preserve relevant emails leading up to a contract dispute with Voom HD Holdings LLC, a subsidiary of Cablevision. In adopting Zubulake, the First Department held that it 'provides litigants with sufficient certainty as to the nature of their obligations in the electronic discovery context and when those obligations are triggered.' The First Department found that the trial court "properly invoked the [Zubulake] standard for preservation" and affirmed the imposition of sanctions for spoliation" Read on>>

- The Pitfalls Of Paperless Discovery [Zelle Hofmann]

"Notwithstanding the sweet whisperings of e-discovery marketing gurus, there is no technology that allows an attorney to load a terabyte of ESI onto an e-discovery platform, push a button and obtain a set of responsive documents and a privilege log all bundled up and ready to produce..." Read on>>

- New Federal Guidelines Promote Uniform Treatment of E-Discovery in Criminal Proceedings [Bracewell & Giuliani]

"The Department of Justice (DOJ), the federal courts, and the criminal defense bar have developed a set of guidelines that appears to be a major step towards uniform treatment of e-discovery in federal criminal investigations and federal criminal trials. For the time being, the new protocol, signed earlier this month, has been introduced to the U.S. Attorney's Offices, investigative agencies, judges, and various law enforcement divisions as a guideline and a training tool..." Read on>>

- Video: Manage your electronic data before facing litigation [Partridge Snow & Hahn]

Go to video>>

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Additional Electronic Discovery updates here>>

Engagement? Pfft. Sounds Pretty Disingenuous To Me

Thu, 08 Mar 2012 09:29:13 -0800

Time and again we hear from the pros that if you want to succeed in today's social media landscape, it's all about Engagement with a capital E.

This one-size-fits-all generalized advice comes with all manner of practical tips every day, and here's one of my favorites:

If you want to stand out as a thought leader, quote other thought leaders. They'll notice and quote you back...

...and, one would assume, realize your brilliance and help elevate you to the status of a recognized authority in your professional field. (Because, golly, you quoted them. And now they're quoting you.)

Hmm. Sounds pretty disingenuous to me.

I touched my first computer in 1981 and was instantly hooked. My first 'online' experience was two years later when I dialed up to a local BBS and left a forum message for a school friend who was easier to reach simply by walking down the street to his house. We've come a long way since then and, personally, one of my least favorite aspects of the current social scene is the very duplicitous definition of networking, engagement, and friendship. It has little foundation of truth to it.

Call it marketing, because that is what it is. (These platforms were not created in dorm rooms and San Francisco lofts by twenty-somethings looking to create the next small business marketing tool, but that's where the money is - and so marketing will sustain them. It is an unfortunate double-edged sword.)

Some of my most cherished online "friendships" are with people who can do nothing for me, professionally. I am also friends with people who probably find what I do in poor taste (provide an online marketing platform), but we appear to like each other for reasons beyond professional. If the recipe for expanding my online influence is to suck up to, ahem, Thought Leaders so that they notice me and can help elevate my status - count me out.

I like to believe that I will sink or swim on my own merits - and that the measure will be how I conduct myself in the relationships I do have, and in the public record of what I've said, written, done with my life. And how I engage sincerely with those people who move me to engage.

Besides, when I hire an attorney, I won't base the decision on the excellence of their grilled salmon and arugula recipe, or whether they like the same baseball team as me. Or how many pretty pictures they've pinned to their Pinterest "favorites" folder. (Although I'd happily sit down for a family meal with my attorney, any time.) I'll base the decision on their hard-earned expertise, as evidenced by what they have done, what they have said, what they have written. Most good lawyers already are thought leaders; they don't need to suck up to anyone to prove it.

The prevailing online marketing advice today is truly one-size-fits-all. Lawyers are not selling caramel lollipops, waterproof tents, or home-made jams and jellies. They sell a complex professional service that, to be successful, requires competence, risk mitigation, and - frankly - regulation. I want a good lawyer, not a friendly lawyer.

Yes, indeed, we do business with people we like. And these online networking tools allow us to make introductions and begin relationships that might or might not lead to friendships. Got that. I am on board. But don't miss the forest for the trees. Make sure the way you develop those relationships is sincere. Be yourself. Don't suck up. It's in poor taste, and over the long term no one will like you for it.

My #1 networking tip: do good work.

[No thought leaders or recognized authorities were harmed, or for that matter directly quoted, in the writing of this piece. Please forgive me.]

@adrianlurssen

[Watch This:] Litigation for the Non-Litigious Company

Wed, 07 Mar 2012 13:53:25 -0800

Earlier this week, law firm Womble Carlyle posted their entire Litigation for the Non-Litigious Company video series on JD Supra.

In each episode, Womble attorneys Sonya Pfeiffer and Press Millen delve into a different aspect of business litigation, making sense of the issues for anyone who cares about the financial and legal health of their company. For your convenience, we've collected the entire series below. Watch this:

The Money Pit

Everyone knows that litigation can be expensive. By following specific steps, companies can effectively control costs, add value to what they're paying for and most importantly, avoid the money pit:

Letting Litigation Drive the Business

The appropriate resolution of litigation is a business decision that needs to be based on the business objective of the company in light of its market, its products, its customers, management, etc:

The Time Suck

Litigation can be a major time suck for company lawyers. Instead of doing the key legal tasks they need to perform for the company, the tasks of monitoring, supervising and just plain worrying about litigation can become close to a full-time job in themselves. This trap, moreover, is not easily avoided:

Who's On My Team?

Experience says that the most important factor in determining the success of a given piece of litigation is teamwork. Teamwork includes both the team of lawyers assembled to handle the case and the teaming between the law firm and the client:

Getting Eaten Up By Other Costs

Attorneys' fees are hardly the only cost in litigation and those other costs, if not given sufficient attention, can eat up a company as well:

Paying to Re-invent the Wheel

In general, law firms handling a piece of litigation have usually faced the same or similar issues previously in earlier litigation for other clients. To the extent that is the case, clients should benefit not only from the experience in the heads of their attorneys, but also from their written archival work product:

Getting Nickel-and-Dimed

Clients should be concerned if they are getting nickel-and-dimed by their law firm:

Failing to Learn from Litigation

A company facing litigation should make a commitment up front that when the litigation is over -- no matter whether the result is good or bad -- it will make a systematic effort to understand why it happened and how it could be avoided (or at least minimized) in the future:

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Additional Womble Carlyle legal updates and advisories>>

JD Supra News: LexisNexis; Video; New Document Formats

Wed, 07 Mar 2012 13:53:06 -0800

What's new at JD Supra? Quite a lot, actually. Here's a quick recap of the latest exciting developments - thanks for reading:

Got Video?

On Monday we rolled out our latest product development: video hosting and distribution. Now, along with legal articles, newsletters, whitepapers, court filings, alerts, blog posts, and other publications, law firms can include video in their JD Supra portfolios. As with text-based content, Pro Member videos are distributed in our various subscriber channels, including on LinkedIn via the Legal Updates application. (Videos can be played directly within the application on LinkedIn, too!) At launch, we are serving up terrific video by Womble Carlyle, Allen Matkins, Loeb & Loeb, Dechert, Sands Anderson, Bloomberg Law, and MarketsReformWiki ... with others on the way. Our editorial team is happily using the videos in their news roundups - and I'll embed one below in this post. Why? Because I can.

A LexisNexis Partnership

Yesterday we announced a partnership with LexisNexis, whereby JD Supra will enhance the company's new Social Media Visibility offering for small firms and solo attorneys. We'll be hosting and distributing blog posts from LexisNexis customers and, as I said in yesterday's press release, we are always happy to share legal insights and commentary with our broader audience. In lead up to this announcement, we've been running a few test accounts on behalf of Lexis clients - the content is good, and our readers appear to agree. You can read news of the partnership here: LexisNexis Inks Deal with JD Supra to Power Distribution of Law Firm Blog Content to Wider Network of Social Media Sites...

New Content Formatting

This week we also added new formatting to our document view pages. Now, our contributor's publications can be displayed in full HTML (versus PDF embed), depending on the nature of the original post. Obviously, HTML rendering is a clean and easy way to reproduce the growing amount of blog posts and other content that come to us originally in HTML. Over the years we've heard from our readers that they appreciate the PDF formatting as well - corporate researchers in particular find it easy to compile and share our PDFs on any given topic - and so we have kept that formatting option. (Besides, many white papers and in-depth reports originate as PDFs in the first place.) We also have .DOC embed available for the court filings that pass through our system. Over the coming weeks, you'll see more and more JD Supra content rendered in pure HTML.

That's it from us. Thank you for reading. And, now, also watching! In particular, this interesting video item from Bloomberg on law school class action suits:

best wishes,
Aviva Cuyler
JD Supra CEO & Founder

Media Visibility: JD Supra Law Firm Content in the Press

Thu, 16 Feb 2012 12:35:57 -0800

Today on the Web, your audience has an audience of its own.

We hear that all the time, but what does it mean, exactly?

On JD Supra, it means that the legal advisories, blog posts, and articles published daily by lawyers and law firms have a chance to be seen (and shared) by new and old media outlets keen to provide useful information to their own readers.

We see extraordinary diversity in such media pickup for our contributor clients. New media, old media, niche professional associations, corporate blogs, industry resources ... all of these and others share legal news on JD Supra with their active readers. Here's a look at recent examples:

In The Washington Post

- Ford & Harrison: A Catholic case for same-sex marriage...

In techdirt

- Davis Wright Tremaine: Appeals Court Hears Case Over Constitutionality Of Copyright Royalty Board...

In The Huffington Post

- K&L Gates: Municipal Securities Market Lacks Oversight, Says GAO and Selling Homeowners Short: Bank Strategy Backfires In Foreclosure Crisis...

- Ford & Harrison: High-Tech Employee Antitrust Litigation: Apple's Steve Jobs To Google's Eric Schmidt To Stop Poaching Workers...

- Lawyers.com: Robo-Signing Settlement Might Not Provide Homeowners With Needed Help...

- Electronic Privacy Information Center: Let's Play Fair on SOPA and Copyright...

In the Wall Street Journal, 'Corruption Currents'

- Patterson Belknap and Morrison & Foerster: From Nigerian Labor Strikes To An FCPA Moral Hazard...

- Bryan Cave: From Iran Aiding Syria To Pakistan PM's Court Appearance...

- McDermott: From Australia And Turkey Join The EU On Iran To Gulf Arabs Quit Syria...

- Sheppard Mullin: From A 'Cat-And-Mouse' Game To FIFA's Corruption Decision...

In NuWire Investor

- Sheehan: Women-Owned Businesses and Federal Benefits...

In Wealth Strategies Journal

- Sanford Millar: Form 8938 "Specified Foreign Financial Assets" ...

- Charles (Chuck) Rubin: Private Annuity Sales and Community Property and Same-Sex Marriage...

- Cole Schotz: NJ Bill Proposes Increasing State Estate Exemption From $675,000 to $1 Million...

In the U.S. Dept. of Defense Military Medical Digest

- Constangy, Brook, & Smith: TRICARE News...

In HRExaminer

- Hopkins & Carley: 8 Reasons Social Media Policies Backfire...

In Staffing Talk

- Dickinson Wright: News Of The Day, January 17, 2012...

- Ford & Harrison: News Of The Day, February 14, 2012...

In HP's Input Output

- Sheppard Mullin: Maintaining Ownership of Your Company's Twitter Followers...

In Forbes

- Darrin Mish: IRS Summons? Meet John Doe...

In the National Association of Realtors blog

- Rosa Eckstein Schechter: VISIT USA Act...

In Asia Healthcare blog

- Qin Qu: What to Watch for During 2012 in China's Eldercare Market...

In the Express Metrix blog

- Scott & Scott: Court of Appeals Rejects Subpoena to Reveal SIIA Informant's Identity...

In The Lessors Network

- Allen Matkins: Ninth Circuit Strikes Down Choice Of State Of Incorporation Law...

In Becker's Hospital Review

- Patrick Malone & Associates: Memorial Hospital in Florida Ordered to Pay $10M for "Center of Excellence" False Advertising...

In Chiropractic Economics

- Poyner Spruill: Audits heat up HIPAA liability...

In In House, the FindLaw Corporate Counsel Blog

- Venable: What All GCs Should Know About the America Invents Act...

In Building America's Future Educational Fund

- Mintz Levin: Infrastructure in the News: February 7, 2012...

Not shown: the numerous tweets, retweets, shares, recommends, likes, pluses, and general favorable distribution by readers of JD Supra legal news across the major social networks every day.

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Stay tuned for our next media visibility report. Here's a previous, media mentions in late 2011.

Video Recap(s): Content Marketing and Social Media for Law Firms...

Fri, 03 Feb 2012 17:00:19 -0800

Last night I returned from the Legal Tech Show in New York City, where I had been invited to participate on a panel to do with new media, technology, legal marketing, and client retention.

My kids are happy to have me home, I brought them chocolate frogs from Dylan's Candy Bar (think: Harry Potter). My bags were stuffed but I did manage to bring back a little something for everyone. For you? Three videos. Enjoy>>

With Lexblog's Colin O'Keefe:

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In a post-panel recap with Samantha Miller, Larry Bodine, and Len Gilbert of Lexis Nexis:

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And from Lisa Solomon, this video update from Legal Tech, including (at one-minute mark) recap of the panel and quotes of yours truly:

Lisa's entire report from LTNY is available here.

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Environmental Law This Week: You Should Read...

Fri, 03 Feb 2012 15:11:33 -0800

Kermit might not find it easy being green, but everyone's favorite frog obviously wrote that song before he started following Environmental Law on JD Supra - a stream of daily updates from some of the finest lawyers and law firms in the field. Noteworthy this week:

- How Clean is Clean in New York (Cole Schotz)

- Enforcement: Impact Inspections Target 27 Mines and New Safety Emphasis Programs (Patton Boggs)

- EPA Issues Notice of Violation of the Renewable Fuel Standard for Generation of 48 Million Fraudulent RINs... (Sutherland)

- EU Environment Report - December 2011 - January 2012 (White & Case)

- FERC Staff Proposes Process on Advising EPA on Extension Requests (Morgan Lewis)

- Energy Trends for 2012 (Morrison & Foerster)

- One Small Step Forward For Mid-Atlantic Offshore Wind Development (Foley Hoag)

- Energy And Environment Update -- January 29, 2012 (Mintz Levin)

- Texas Environmental Update - February 1, 2012 (Bracewell & Giuliani)

- Regulations Respecting a Cap-And-Trade System for Greenhouse (Heenan Blaikie)

- Ready, Offset, Go: A Look At The Final Cap-And-Trade Regulation's Offset Program (Greenberg Glusker)

- Greenhouse Gas and Environmental Justice Issues Collide as California Attorney General's Office Weighs In on Sustainable Communities Plan (Morrison & Foerster)

- Rejecting CEQA Alternatives For Economic Infeasibility: Sixth District Lays Down the Law In Flanders Foundation v. City of Carmel (Miller Starr Regalia)

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Read additional Environmental Law updates & news on:
Twitter | Facebook | LinkedIn | RSS

Also see on JD Supra: Energy & Utilities ...

Most-Viewed Law News & Updates on JD Supra: Jan 2012

Fri, 03 Feb 2012 12:22:31 -0800

New laws for 2012, Sunshine Act regulations, retirement plans, medical marijuana, the Wage Theft Protection Act, Megaupload indictment, and more ... for your reading pleasure, a look at some of the most-read legal news and analysis on the JD Supra network last month:

New Laws for 2012 - by Howard Ankin
New 2012 Illinois Laws Affecting Working Men and Women - by Katz Friedman
Proposed Physician Payment Sunshine Act Regulations Leave Many in the Dark - by Mintz Levin Health Law
Why Retirement Plan Sponsors are Always on the Hook for Liability - by The Rosenbaum Law Firm
New California Laws 2012 - by Lisa Ryan
A Reporting Nightmare - The IRS Finalizes Form 8938, Statement of Specified Foreign Financial Assets - by Akerman Senterfitt
DOT Restricts Mobile Phone Use Effective January 2012 - by Fisher & Phillips LLP
Is Super Bowl Protected by Trademark or Copyright Law? Try Both. - by Davis Wright Tremaine
New Obstacles on the Course: State Foreclosure Laws Continue to Complicate Mortgage Loan Servicing - by K&L Gates
Florida Casino Legislation Moves Forward as Genting's Boost to Miami Economy Being Watched Nationally - by Rosa Eckstein Schechter
A Comparison of US and EU Biosimilars Regimes - by Fenwick & West
Significant Changes To California Employment Law Effective January 1, 2012 - by Bryan Cave
Wage Theft Prevention Act (WTPA) - New York State - by Jonathan Foxx
Indictments of Megaupload Are a Greater Threat to Web Users Than Piracy - by Ifrah Law
Custody Case Pits Adoptive Parents Against Indian Nation - by Lawyers.com
A Plan Sponsor's Guide to Handling Retirement Plan Fee Disclosure - by The Rosenbaum Law Firm
NJ Medical Marijuana Program Facing NIMBY Opposition - by Patrick Dwyer
California Wage Theft Prevention Act Takes Effect January 1, 2012 - by Morgan Lewis
Costs Versus Quality In Electronic Discovery Document Reviews - by Hubbard & Jenkins
Department of Justice Improves the Odds of Online Gambling - by Dinsmore & Shohl
Becoming Immune to Reputation Damage: Tips from Kim Kardashian? - by Greenberg Glusker
California Governor Signs S.B. 459, Dramatically Increasing Penalties for Misclassifying Employees as Independent Contractors - by Schnader
Summary of FERC Meeting Agenda - January 2012 - by White & Case LLP
Federal Courts Jurisdiction and Venue Clarification Act of 2011 - by King & Spalding
FCRA Class Actions on the Rise - by Ford & Harrison

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Follow @JDSupraBuzz for daily updates on trending topics, searches, and documents on JD Supra. A great way to see what's hot and find fodder for your own next article or post.

Also see our newest blog featuring roundups of consumer and personal law news: Is That Legal?

Archive:

- Most-viewed on JD Supra: Dec 2011
- Most-viewed on JD Supra: Nov 2011
- Most-viewed on JD Supra: Oct 2011