Media Masters

Why and how your organization should be using Facebook video

2015-05-05T11:56:00.002-05:00

Both the volume and engagement numbers for the social network are staggering. Here are some tips for creating online videos and making them supremely appealing to your fans.

Facebook video is taking over. Last year, for the first time, it surpassed the number of YouTube videos uploaded to the site.

According to a SocialBakers study of more than 180,000 Facebook videos on 20,000 pages in December 2014, people posted 20,000 more Facebook videos than YouTube videos.

Another study by SocialBakers revealed that even when Facebook videos were not as popular as YouTube videos, they received a 40 percent higher engagement rate on the social network.

Although it's important for brands to make use of various types of marketing channels, uploading videos directly to Facebook can greatly benefit your page. The following are some tips on how to do it so that your campaigns are as effective as possible:

Use video to build your page
Facebook videos should be seen as tools to increase your number of page "likes" and the amount of "likes" on your content. They should also get conversations going on your page among your fans and followers.

To implement this tip, you can include a call to action on your video to hit the "like" button on your page. This kind of video should be the one that's featured prominently in the "about" section. If it's hidden away in your video library, fewer people will see it.

To further develop your page, you can also encourage people to "like" the video, share it or leave a comment. You might want to ask a question to your fans in the video, or include one in the description.

Diamond Candles, which gives out rings worth thousands of dollars along with lucky customers' candle purchases, posted a video showing off its merchandise. Its social media manager told fans to "'like' if you want one," and the post received 1,836 "likes" and nearly 25,000 views.

Because Facebook videos can be shared only on the site, you won't be able to repost your call-to-action videos anywhere else. If you want to get more of your YouTube subscribers or Twitter followers to "like" your Facebook page, you're going to have to upload a video from YouTube or another site onto your other accounts.

Jump on trends to connect with your audience
When a news item or fad is in style, people's newsfeeds are bursting with content about it. Just take the marriage equality Facebook photo or the KONY 2012 video, for example. You want to be there, on your audience's newsfeed, with a relevant video that they'll want to click.

Look at what trends your demographic is following. Are they tweeting about tattoos? Are they Instagramming their Ice Bucket Challenge pictures? Are they making Vines about Valentine's Day? Take a trend, put your own brand spin on it, and post a Facebook video about it. Remember to include relevant hashtags to garner even more views.

This past fall, the care-giving company 24Hr HomeCare posted a video about its dedication to No Shave November. They included the hashtags #movember and #shaveoff so they could be part of the conversation.

If you do create a trend video, make sure it's not like everyone else's. It should also relate to your brand-otherwise, your fans may think you're simply opportunistic. You want to come off as genuine, not phony.

Limit videos to two minutes or less

If you aren't optimized for mobile, you're going to have a hard time expanding your Facebook following.

According to The Verge and data from Facebook itself, 30 percent of Facebook's 1.32 billion users log on to the social network exclusively through their smartphones. Aside from that, mobile video itself is going through its own revolution. According to a Business Insider study from 2014, 50 million people in the United States watch videos on their phones, and "15 percent of all online video hours globally are viewed on tablets and smartphones."

When people are on Facebook, they view their notifications, answer messages, scroll through their newsfeeds, check in on friends' and relatives' profiles, look at the trending news and maybe click on an ad. They don't go on Facebook to watch a long video.

When posting a video on the site, keep it short. Data from a Wistia study showed that people are more likely to watch the entirety of a video if it's shorter. More than 80 percent of viewers watched one that was 30 seconds or shorter, and fewer than 70 percent watched one that was one to two minutes long.
The Coffee Bean & Tea Leaf, a coffee shop chain, primarily posts videos that run less than a minute. The company shows how their coffee is made and uploads fun, promotional videos.

Even if your video is going to be under 30 seconds long, the content still has to be topnotch. Don't sacrifice quality just because it's short. It may be acceptable for users to post short videos they took from their iPhones, but your page has to be more professional.

Make the thumbnail clickable

You don't want any random shot to be your thumbnail. If your followers see an interesting image on their timeline, they're going to click the video to see it.

To put in a thumbnail, hover your mouse over a video you've just uploaded, click options, and then edit it. Facebook will give you a choice of 10 thumbnails to choose from.
Look at Starbucks' Facebook videos for inspiration. The video with the most views has a thumbnail of Carlton doing his signature dance on "The Fresh Prince of Bel-Air."

On YouTube, you can upload a custom thumbnail. Unfortunately, Facebook videos do not yet allow for that, which is why it's essential that every frame of your video is clear and of the highest quality.
How are you using videos on your Facebook page? Do you prefer to upload Facebook videos or YouTube videos onto your page? Which platform do you think is better?

Kylie Jane Wakefield is a freelance writer and content marketer who has been featured on NewsCred, Social Media Examiner, CMO.com, Postano, Vertical Response and The Content Strategist. Follow her on Twitter @kjwakefield. A version of this article originally appeared on Convince & Convert.

Sony's Hacked Emails a Treasure Trove for Attorney-Client Relations

2015-04-21T10:35:00.001-05:00

Brian Baxter and Nell Gluckman, The Am Law Daily

Internal emails hacked from Sony Pictures Entertainment (SPE) late last year have been released in database form by WikiLeaks. The document dump reveals frank discussions between the company’s in-house lawyers and outside counsel on everything from legal fees and conflict waivers to pitches for business.

The documents were stolen late last year by hackers that the U.S. government has linked to North Korea, but were not readily searchable online at the time. WikiLeaks—the hacktivist collective that made its name with the disclosure of 92,000 classified U.S. military documents in 2010—has now consolidated those files into a central and searchable database.

“This archive shows the inner workings of an influential multinational corporation,” said a statement by WikiLeaks editor-in-chief Julian Assange, who for the past three years has been confined to the Ecuadorean embassy in London. “It is newsworthy and at the center of a geopolitical conflict. It belongs in the public domain. WikiLeaks will ensure it stays there.”

Not surprisingly, Sony, which in December hired Boies, Schiller & Flexner to push back against media companies across the country and around the world that published details extracted from the massive cybersecurity breach, has a different take.

“The cyberattack on Sony Pictures was a malicious criminal act, and we strongly condemn the indexing of stolen employee and other private and privileged information on WikiLeaks,” said a statement by a Sony spokesman. “The attackers used the dissemination of stolen information to try to harm SPE and its employees, and now WikiLeaks regrettably is assisting them in that effort. We vehemently disagree with WikiLeaks’ assertion that this material belongs in the public domain and will continue to fight for the safety, security and privacy of our company and its more than 6,000 employees.”

In a letter sent to multiple news outlets, including The American Lawyer, Boies Schiller wrote, "Despite its purported committment to free speech, WikiLeak's conduct rewards a totalitarian regime seeking to silence dissident speech, and imposes disincentives on entities such as SPE who depend on trade secrets, confidential information and protection of intellectual property to exercise their First Amendment rights every day.” (The alleged North Korea connection, as noted earlier this year by sibling publication Corporate Counsel, remains in dispute.)

Sony has also retained Wilmer Cutler Pickering Hale and Dorr to handle shareholder class actions filed against the company in the wake of last year’s cyberattack, which some security firms skeptical of the North Korea narrative have publicly pinned on corporate insiders or nationals from other countries.

The Am Law Daily combed through thousands of emails released by WikiLeaks covering the period between late 2013 and late 2014 to glean Sony’s interactions with its outside lawyers and find out which Am Law 100 and Global 100 firms have been getting work from one of the world’s largest media companies. The emails show which firms were considered for certain assignments, who they beat out for the work and how outside lawyers go about seeking work from their in-house counterparts.

Those questions are a central focus of The American Lawyer’s mission: the business of law. Details about Sony’s internal legal machinations have already been made public. Corporate Counsel reported in December on SPE general counsel Leah Weil’s thoughts about the company’s email retention policy, and The New York Post reported Friday on a $1 million contract by a Sony subsidiary to a high-profile Hollywood lawyer from a non-Am Law 100 firm.

The Am Law Daily reached out to SPE’s Weil, Sony general counsel Mark Khalil and his predecessor Nicole Seligman—she was the company’s top in-house lawyer until her promotion to president last year—for additional comment on their cybersecurity efforts and decisions to retain certain outside law firms and set aside the entreaties of others.

“The information you are asking about was stolen from Sony and we decline comment,” a Sony spokesman wrote in response.

Below is a snapshot of some of the 30,000 Sony emails released by WikiLeaks covering 15 different firms, which are listed alphabetically. All of the firms mentioned either declined to comment or did not respond to requests for comment.

Boies, Schiller & Flexner
Boies Schiller invited Sony lawyers to a lunch last year during which cybersecurity expert Richard Clarke discussed threats facing U.S. businesses. An email exchange indicates that the Sony lawyers did not attend the event, but a Boies Schiller partner suggested in several emails that the firm set up a separate meeting with company executives.

Bryan Cave
In November 2013, a lawyer in Bryan Cave’s Santa Monica office sent an email to its top in-house lawyers offering up his firm’s services. “We would love to represent you,” wrote the Bryan Cave lawyer, a former member of SPE's in-house legal staff, who was quickly told that Sony already had legal counsel in the employment issue at hand.
The Bryan Cave lawyer touted the expertise of a relatively new labor and employment partner hired by the firm in Los Angeles, one whose personality quirks were discussed in emails between Sony’s top in-house lawyers a few months later in trying to determine whether to hire the firm to advise the company as one of its executives prepared to depart for a competitor.

Cleary Gottlieb Steen & Hamilton
A corporate partner in the firm’s New York office helped SPE’s top executive invest in ephemeral messaging service Snapchat—as noted in recent media reports looking at how Silicon Valley technology deals get done—and the London property market, as well as evaluate rental properties in Martha’s Vineyard, Massachusetts.

Cleary Gottlieb, which advised Sony on its $1.5 billion acquisition of a European joint venture in 2011, also had a role counseling the company last year on its purchase of the U.K.’s CSC Media Group. The firm was one of four chosen to make presentations at Sony’s global legal meeting and also handled broker-dealer issues for the company.

Nonetheless, Sony nixed Cleary Gottlieb's effort to obtain a conflict waiver to advise the Raine Group on a litigation matter. The firm also saw its efforts to advise Sony on some European antitrust issues fall short.

Davis Wright Tremaine
Long known for its First Amendment and media work, Davis Wright’s entertainment transactions chair brought up the rather delicate issue of the firm’s new 2014 billing rates in January 2014, after grabbing dinner with SPE’s legal chief.

The rates put forth by Davis Wright were a 10 percent reduction on up to $750,000 in fees, a 12 percent reduction on fees over that amount and a 15 percent discount on fees in excess of $1.5 million. The fees were to be aggregated across entertainment, employment and litigation for all SPE units, but didn’t include fees subject to alternative billing arrangements. Davis Wright also secured a conflict waiver from Sony last summer to advise Fortress Investment Group.

Dentons
Despite being the world’s largest firm by attorney head count after a spate of recent mergers, Dentons still has to compete for work like everyone else. When Sony mulled acquiring a London-based broadcaster a year ago, the firm was one of several to potentially compete for the legal work.
Dentons’ ability to offer lower rates was cited in an email exchange as separating the firm from higher-priced competitors such as DLA Piper and British firms Clifford Chance, Freshfields and Olswang. Dentons also demonstrated a willingness to “come up with flexible arrangements, e.g., busted deal discount and potentially some sort of soft cap” on fees, says one Sony legal department email.

Nonetheless, when Dentons solicited a conflict waiver last summer to do some work for another client in Canada, one in-house lawyer noted the request was surprising given “how much work the firm has done/is doing for us lately.”

Another Dentons partner who left the firm to set up her own shop also asked SPE’s general counsel to transfer company files to the new firm, as “even if we are not doing any work for you … no one who is still at Dentons may be familiar with these matters to be of much help.”

Freshfields Bruckhaus Deringer
Sony reached out to the Magic Circle firm in November 2013 to determine whether Freshfields would be in a position to be adverse to Apple, Google, Microsoft and Nokia. Discretion was requested on the conflict check, since Sony would be the client, and Freshfields’ global managing partner promptly responded to the inquiry and informed Sony that the firm did no work for Google.

Freshfields had “limited relationships” with Microsoft and Nokia, and thus would need to get more specifics on the matter at hand, but completely ruled out taking any action against Apple, a firm client. The Freshfields leader did run afoul of SPE’s general counsel when he didn’t make her the point person for a stateside visit with Sony staffers. The London-based legal giant did incur roughly $26,000 in fees in early 2013 to handle a French “pay TV deal” for Sony, according to invoices submitted through the company's legal department.

Gibson, Dunn & Crutcher
It’s not exactly a state secret that outside lawyers often entertain their clients. In one overture, a Gibson Dunn practice leader invited SPE’s general counsel to sit at his table at an Association of Corporate Counsel dinner where Hillary Clinton was to give a talk. The general counsel had to decline, however.

Gibson Dunn did grab a role advising Sony on a $185 million deal with International Game Technology to license the company’s “Wheel of Fortune” and "Jeopardy!” brands for its cross-platform games. The firm and Sheppard, Mullin, Richter & Hampton were also considered to represent the company in a home video class action.

Jenner & Block
The firm’s correspondence with Sony’s legal team goes back to November 2013, when the co-chair of Jenner & Block’s content, media and entertainment practice was chosen as the new general counsel of the Motion Picture Association of America, the trade organization representing most of Hollywood’s major studios.

The New York Times reported earlier this year that fissures have emerged in the relationship between the MPAA and Sony since the cyberattack against the company last year. Some of those tensions were already apparent a year prior when the MPAA’s new general counsel sought a lunch meeting with Sony’s in-house team to discuss improving his organization’s “legal function,” aggravating SPE’s general counsel, who preferred a more private gathering.

“I think it was odd and a bit presumptuous on his part to believe that it was ‘business as usual’ and for him to send a note to ‘the Sony team’ without reaching out to me or you about who might be included in that,” the SPE legal chief wrote to the company’s head of litigation. “He needs to understand that his previous role and his current one are very different.”

Jenner & Block and a litigator who rejoined the firm in 2012 took the lead for the MPAA in January 2014 when the Sherman Oaks, California-based nonprofit worked with Mississippi’s attorney general in arranging a meeting with a battery of top Google executives and their counsel from now-defunct Bingham McCutchen. (The purpose of the meeting, as widely reported elsewhere, was to push anti-piracy policies contained in the scuttled Stop Online Piracy Act of 2012.)

In an email to the MPAA that was then forwarded to in-house lawyers at Sony and other major studios, the lead Jenner & Block partner handling the matter wrote that one of the two Bingham McCutchen lawyers advising Google—a former attorney general of New Hampshire—“sells himself as a fixer with the AGs.”

Jenner & Block’s lead partner working on the matter was deleted from another email thread between the MPAA and in-house lawyers for the big studios detailing the firm’s fees. Jenner & Block incurred about $60,000 in fees in 2013 for its work engaging with state attorneys general, followed by another $30,000 through the first quarter of 2014.

The MPAA’s legal chief, himself a former partner at the firm, said his former colleague representing the trade association had been a “good sport” about trying to keep fees down, but anticipated them rising to up to $40,000 per month as his workload increased. Federal tax filings show that the MPAA paid more than $4.5 million to Jenner & Block in 2013.

Manatt, Phelps & Phillips
In numerous email exchanges, in-house counsel at various Sony subsidiaries consulted each other for their opinion of various outside lawyers and their firms.

In one exchange, a Sony Music in-house lawyer asked his counterparts at SPE about a Manatt litigator recommended by the firm’s entertainment and media litigation co-chair to represent Sony Music when suits were filed by pop star Kesha and music producer Dr. Luke against each other.
The Sony Music lawyer said he was looking for a firm with a blend of litigation and employment expertise. When he suggested Gibson Dunn, his counterpart at SPE agreed, saying one of the Gibson Dunn partners under discussion—the same lawyer who made the Hillary Clinton event invite—was very “hands on” and had handled high-profile cases before.

But Manatt still got its fair share of Sony work. The firm’s entertainment and media practice co-chair took the lead for the company last year on a $200 million film finance deal with Lone Star Funds and Citigroup, one that saw him honored as a leading Hollywood dealmaker by trade publication Variety. (A May 2014 invoice from Manatt for that deal show fees of at least $103,507.)

Emails show that the Manatt partner also invited SPE’s legal chief to the firm’s annual retreat at the La Costa Resort in Carlsbad, California—the invitation was declined—and bought gifts for in-house lawyers at the company. Another Manatt partner, a relative of California’s governor, befriended SPE’s top executive. The Los Angeles-based firm, which has a robust entertainment practice, was successful in obtaining numerous conflict waivers from SPE to advise other companies doing business with it in the movie industry.

Orrick, Herrington & Sutcliffe
When an antitrust complaint was filed against Sony affiliates in the Northern District of California, an Orrick partner sent an email to SPE’s in-house staff offering his services, as well as those of some colleagues at the firm. In response, SPE in-house lawyers discussed the strong relationship between Sony and Orrick, one that had become “quite good” after a rough patch.

SPE’s head of litigation notes that the company “should be able to secure a pretty good discount on fees” from Orrick. The firm was one of many vying for the work. Emails show that Arnold & Porter; Boies Schiller; Manatt; Mayer Brown; Munger, Tolles & Olson; O’Melveny & Myers; Paul Hastings; and Sheppard Mullin were all considered by SPE.

Orrick’s lawyers were called “smart, careful, creative, experienced,” but SPE’s in-house counsel also noted that the firm was sometimes “overly thorough,” which could mean higher fees. In the end, Orrick got the work and succeeded in scuttling an anti-poaching antitrust suit this month, as noted by sibling publication The Recorder.

Paul, Weiss, Rifkind, Wharton & Garrison
The Sony email hack last year revealed that the U.S. Securities and Exchange Commission was investigating the distribution of company films in China. In a January story based on the leaked emails, The Wall Street Journal reported that the SEC was looking into whether bribery laws had been violated when the film “Resident Evil: Afterlife” was distributed in China.

Paul Weiss was hired by Sony to conduct an internal investigation. An emailed invoice, which was sent to Sony’s in-house counsel for approval, shows that the firm charged the company just over $1.6 million for work accrued from November 2013 through January 2014.

Another email exchange made it clear that Sony wasn’t happy with the bill, which was broken into three installments that arrived on the same day, making moot any monthly staffing adjustments. One SPE lawyer wrote that more time was spent on the matter than the company expected.

Pillsbury Winthrop Shaw Pittman
An advance conflict waiver in order to take on an unspecified project was not something that endeared Pillsbury to SPE’s legal chief, who noted in an email that lawyers from the firm “aren’t folks we typically use.” Still, Pillsbury advised Sony on whether or not to do business with certain Russian banks in the aftermath of EU sanctions levied following the crisis in Ukraine.

Reed Smith
When David Cassidy, a former star of “The Partridge Family,” sued Sony in late 2011 seeking profits from reruns of the 1970s sitcom, the company turned to Reed Smith to handle the litigation. In a string of emails with a top Sony executive, a legal department vice president estimated that fees incurred by Reed Smith would hit $400,000 by February 2014.

The Sony official responded that it’s “crazy” for the company to have spent that much on lawyers when it could have just cut Cassidy a check for one-fourth of that amount. The in-house lawyer noted that Cassidy had previously refused to settle for anything less than $1 million. This past January, after arbitration, Cassidy ended up with nearly $158,000.

Sidley Austin
In February 2014, the lead Sidley partner advising Fortress in ongoing litigation with bankrupt hedge fund and film financier Aramid Entertainment over a busted film finance agreement with SPE sought a limited conflict waiver from Sony to serve SPE with a subpoena for certain documents and depositions.

SPE’s head of litigation noted that Fortress and Sidley were expected to conduct “a friendly cross-examination” of a top Sony studio executive and nothing more.

“If there is any chance that Sidley lawyers will need to get hostile against SPE or an SPE employee, then I would ask them if they really would want to run that risk, considering the possible implications on the Sony relationship,” wrote Sony’s legal chief. “Good luck with it!”

Skadden, Arps, Slate, Meagher & Flom
Want tickets to the see the Los Angeles Lakers? Skadden, a firm that advised Sony on the $1.1 billion sale of its former New York headquarters in 2013, offered its friends on the in-house side at Sony their choice from a handful of box seats to Lakers games late last year and earlier this year.

In a different email exchange, the firm suggested rates for handling a real estate deal for SPE’s studios in Culver City, California. A ground lease would cost between $400,000 and $500,000; a sublease $300,000 to $400,000; and construction contracts ranged from $50,000 to $100,000. Total tab: $750,000 to $1 million in fees for its client. (The firm was ultimately tapped for the project.)
Skadden’s real estate lawyers in New York, who handled the 2013 skyscraper sale for Sony, were praised for their previous work for the company, even though they “didn’t have the time to even negotiate a rate or caps.” SPE’s legal chief felt that if “$ is less of an issue,” hiring Skadden over another Los Angeles-area firm, Cox, Castle & Nicholson, made sense in order to get a deal done quickly.

PR Experts Praise Lufthansa Response to Crash

2015-04-12T15:58:00.001-05:00

In the wake of the devastating revelations surrounding the Germanwings crash in the French Alps, airlines have now pledged to change their rules to ensure at least two crew members are present in the cockpit at all times.

Days after the crash, which killed 150 people this week, it emerged that the 27-year old pilot Andreas Lubitz purposefully flew the plane into the mountains, and reportedly suffered from depression.

Previous recent airlines disasters such as that which Malaysian Airlines suffered, have shone the light on how critical and quick an airline's response must be. It has already moved fast to remove any marketing messages that may be deemed inpappropriate in light ot the tragedy, and yesterday saw Transport for London pull all advertising for the airline across the London Underground.

Jane Wilson, managing director, MHP Corporate Affairs has this to say about the way Lufthansa handled the crisis:

This news was delivered quickly and straightforwardly by Marseilles prosecutor Brice Robin to grief stricken relatives and to the world’s equally shocked media. Lufthansa, which had acted swiftly and with compassion to get relatives of the deceased passengers to the crash site issued a statement describing their ‘shock and horror’ and echoed this in the press conference chaired by Lufthansa chief executive Carsten Spohr. It was at this conference that Sphor was asked the questions that have dominated coverage since. Questions about safety protocols around leaving a pilot in the cockpit unattended and the question of Lubitz’s mental health history – specifically an interruption to his initial pilot training.

This was not a terrorist attack, not an ideologically driven act of mass murder which one group has claimed responsibility for. But human nature looks for responsibility in the face of tragedy. And so, the news narrative has taken a predictable turn as journalists look for ‘clues’ to Lubitz’s state of mind (old friends, colleagues and contacts interviewed) and whether his employer German Wings and its parent Lufthansa are responsible for not having spotted this potential eventuality. But mental illness is complex, and personal and not as easy a news agenda to cling to as corporate negligence. It’s not as easy to respond to either.

Other airlines and US air regulators have been quick to issue statements and airlines across the world are publicising changes to their rules regarding two crew members being required at all times in the cockpit. In the UK, the CAA told national operators to review their procedures. Lufthansa are not addressing the cockpit issue directly at this time and sticking to their statement that this was an unforeseen, tragic event saying “We are trying to deal with an enigma. No systems could prevent such an event” They have made no comment on changes to their cockpit safety protocols and they continue to reassert their position that Lubitz underwent the same stringent testing that all their pilots do.
For now, there is no reason to suspect otherwise but one senses that the international media are resolutely pursuing all avenues to test this position. It’s likely that details of the nature of Lubitz’s absence from training will become public as these things often do either formally or informally and Lufthansa will no doubt be prepared in their response. Their reputation will ultimately hang on whether they follow other airlines to review cockpit security protocols and more importantly whether they can provide evidence that this was in fact a truly unforeseen, tragic event that no procedures, protocols or testing could have avoided.

Word-of-Mouth Marketing on the Rise

2015-04-07T10:50:00.000-05:00

It’s no surprise that word-of-mouth marketing is effective, but when brand managers combine it with the power of social media, they see greater campaign success, all while spending less money. A recent study in the Journal of Consumer Research found people on social media often form opinions or make judgments about products and services based on the opinions of those they follow.

So how can you use the power of the influencer to bring more business? Experts say tap those traditional and non-traditional media outlets early and often when ANYTHING newsworthy happens in your practice area. What's newsworthy? Any news indicative of a trend, the utilization of new law, the conclusion of a case involving new use of a old law, bold faced names, big dollars, and of course, the tried and true local perspective on a national news topic.

Maintain a steady stable of media influencers you reach out to with these story ideas again and again. Then when you do get published or your interview is broadcast, spread the news far and wide through your social media pages and e-blasts among your contact list.

Easy Steps for Writing a Great Bio

2015-03-30T10:55:00.004-05:00

Law firm website statistics tell the story over and over again: Attorney bio pages grab the lion’s share of the site’s traffic. Clients, potential clients and referral sources want to know about you, your expertise and your experience. Why not reward them with an engaging and insightful picture of what you can do? It’s always hardest to do it for yourself (which is why many firms turn to us), but we think breaking it down into four steps makes it doable in about an hour.

Take the bio challenge.

First review the first paragraph. This is your "grabber". If you can't grab the attention of the reader by answering the "what's in it for me" for question. You are wasting your time. Don't bury the lead. Put your best foot forward.

Keep your bio updated! Don't forget to put your latest and greatest on your bio page. Commit to updating your site at least once a month.

Put your best face forward! Make sure your bio picture reflects your best self. If you haven't updated your photo in a couple years- its time.

Latest Changes to the Legal Marketing Landscape

2015-03-25T14:15:00.002-05:00

Some changes in the legal marketing landscape to pass along to you this week:

Total Attorneys Acquired by Internet Brands

Internet Brands is the company that gutted Martindale-Hubbell, Nolo and Lawyers.com. Total Attorneys is a 13-year-old company based in Chicago that focuses on lead generation for small and mid-sized law firms. An Internet Brands press release says the Total Attorneys brand will “remain intact” and the company will continue to operate from Chicago. Time will tell.

Avvo Running TV Ads

Avvo has two TV spots — “When You Need a Lawyer” and “Let’s Find Your Divorce Lawyer” –that it is running nationally. According to TV commercial tracker ispot.tv, the spots have already aired more than 500 times on networks like CMT, trutv and SyFy. Here are the spots:

2 Million Small Businesses Now Advertising on Facebook

According to Facebook founder Mark Zuckerberg, there are now more than two million small businesses advertising on Facebook. What’s nice about Facebook advertising is you can get very granular with your target market, zooming in to capture users by age, sex, location, ethnicity, interests and more.

National Fraternity Shows How to Handle a Crisis

2015-03-19T10:39:00.002-05:00

National leaders of the Sigma Alpha Epsilon fraternity not only responded with rapid force after a video was leaked of members participating at the group's University of Oklahoma chapter in a racist chant, they set a course for resolution for the future. SAE announced the formation of a confidential hotline for reporting racist incidents at all college campuses where their chapters reside.

This positive step follows SAE's decision to suspend the charter of the fraternity from OU while an investigation was underway. The group also is putting more money where its mouth is by announcing they will be hiring a national director of diversity, the first of its kind in all fraternities, and require all SAE members to take diversity training.

That's the way to respond to a crisis, back up words with action and emerge as a national leader in a topic that could have sunk the group.

Clinton Aide Breaks Cardinal Rule With Testy Emails

2015-03-09T13:10:00.001-05:00

Kevin Allen, Ragan's PR Daily

If you’ve worked in public relations or media relations for a certain amount of time, you’ve probably had the urge at some point to send an angry email to a reporter.

Hopefully, you slept on it and thought better of it—either tempering your rhetoric or deleting your draft. But longtime Hillary Clinton aide Philippe Reines, though not specifically a PR pro, didn’t follow that advice.

In a series of lengthy (and often angry) email exchanges with reporters, Reines’ intention, no doubt, was to put an end to questions around the use of personal email for government business.

The story has dominated the news as the news media’s vetting process for soon-to-be presidential candidate Clinton has begun early. Clinton asked the State Department Wednesday to disclose her emails to the public and then tweeted her first ever response to a crisis situation via Twitter:

Reporter CJ Ciaramella reached out to Reines via email for comment. What followed was a now well-publicized series of exchanges, where Reines decided to bring in more reporters to the mix who had also written (in his estimation, unfairly) about the Clinton email scandal.

Here’s part of the exchange below (Gawker has the exchange with updated replies). Let us know what you think, PR Daily readers: Justified indignation, or ill-advised communications?
Email No. 1:

From: CJ Ciaramella
To: Philippe Reines
Date: Tuesday, March 3, 6:47 p.m.
Subject: Comment on private email address at State Dept

Hi Philippe,

This is CJ Ciaramella, a reporter for the Washington Free Beacon and Vice. Wondering if you have any response to this Gawker article alleging that you and Huma Abedin used private email addresses to conduct official government business while at the State Dept: http://gawker.com/source-top-clinton-aides-used-secret-email-accounts-at-1689246408

As I'm sure you well know, not archiving official business conducted on a private email address is a violation of the Federal Records Act. A FOIA request for your State Dept. emails is also currently being appealed. Please email or call: [phone number redacted]

Best,

CJ Ciaramella

Email No. 2:

From: Philippe Reines
To: CJ Ciaramella, J.K. Trotter, Erick Wemple, Brian Stelter, Nick Merrill
Date: Tuesay, March 3, 9:57 p.m.
Subject: Email

Hi CJ. And hi JK.

Since this fundamentally comes down to honesty, transparency and accountability, I thought we'd go through an exercise together - with Erik Wemple of The Washington Post and Brian Stelter of CNN included as observers.

JK,

In your piece, which CJ references below, you wrote:

“'Her top staffers used those Clinton email addresses' at the agency, said the source, who has worked with Clinton in the past. The source named two staffers in particular, Philippe Reines and Huma Abedin, who are said to have used private email addresses in the course of their agency duties."

That's a pretty clear assertion by you through your source that they had firsthand knowledge of my having and using an email account on the clintonemail.com domain. You then wrote:

"We were able to independantly [SIC] verify that Abedin used a ClintonEmail.com address at some point in time. There are several email addresses associated with Abedin’s name in records maintained by Lexis-Nexis; one of them is huma@clintonemail.com. An email sent to that address today went through without bouncing."

A few questions:

1) Did you attempt to verify your source's assertion of my use of such an email using the same creepy methods you did with my close friend and colleague Huma Abedin? Assuming you did, why doesn't your piece note the results of your creepy methods?

2) Did you attempt to send an email to me at that domain, and if so did it go "through without bouncing"? Assuming you did, why don't you note the results of your test?

3) If your lying liar pants on fire source worked with me at a federal agency as you and they contend, did you ask them to provide even a single email exchange with my using that account?

4) Better yet, in the off chance they don't have every single email they ever sent or received, have you availed yourself of the same FOIA laws to petition the lying liar's agency for any email between them and me that you have with our email?

I mean, you either naively or knowingly swallowed quite the whopper. Not sure which is worse. Actually, that's not true.

Now, on the subject of FOIA...

You have to ask State about your requests, appeals, etc.

But while I have you I'm really hoping you can explain something to me. You wrote that "The use of private email addresses may explain the State Department’s puzzling response to several FOIA requests filed by Gawker in the past two years," continuing, "That request was confoundingly denied on the grounds that the State Department had no record of Reines—whose job it was to communicate with reporters—emailing Hastings or any other journalists."

So, is your cockamamie theory that the reason there is no record of my emailing with reporters is because I improperly used my personal email address to email with those reporters in an attempt to circumvent FOIA, and that every one of the many reporters you reasonably assume I emailed with are in on this conspiracy of having only emailed with me on my non-official email? All sorts of media outlets reached out to me, including FOX and The Daily Caller. Are they in on it? Is everyone in on it aside from Gawker?

Now, to answer your question: email is a two way street. You'd be surprised how many reporters deliberately email government officials to their personal accounts. You'd be equally surprised to know that when they did, I moved the exchange to my state.gov account because, between you and me, my personal account is about the last place I want to be emailing reporters or conducting work.

Which brings me to my last question(s) - for both JK & CJ:

Have either of you ever deliberately emailed a US Government official anywhere other than their official address to discuss official US Government business? If so, why? Have you ever received an email from a US Government official from anywhere other than their official address to discuss official US Government business? If so did you ask them why?

Looking forward to your responses!

Philippe

Email No. 3:

From: CJ Ciaramella
To: Philippe Reines, CJ Ciaramella, J.K. Trotter, Erick Wemple, Brian Stelter, Nick Merrill
Date: Wednesday, March 4, 2:30 a.m.
Subject: Re: Email

Hi Philippe,

And hello JK and Erik and Brian and Nick. It's wonderful that we can all be here, together.

JK can speak to his article, but the reason I'm interested in your response is because if, like you say, you didn't use private email and copied any work messages to your state.gov account, then State is either lying through its teeth or wildly incompetent, and flouting the Freedom of Information Act either way. That's a distinct possibility, although I'd note that Ben Smith tweeted out tonight that your exchange with Michael Hastings was conducted over a Gmail account.

Best,

CJ Ciaramella

Email No. 4:

From: Philippe Reines
To: Ben Smith, Josh Gerstein, CJ Ciaramella, J.K. Trotter, Erick Wemple, Brian Stelter, Nick Merrill
Date: Wednesday, March 4
Subject: Re: Email

Good Morning All,

And let me welcome Ben to our little party, because, well, he’s flat out wrong.

Michael emailed me that morning on my State account, I responded from my State account, I even added a second State person’s State account to that exchange, and it entirely remained on our State accounts without my personal account being referenced or used in any way.

But hey, why let truth or facts get in the way of a good Tweet.

And along those lines, I’ve also added Josh Gerstein of Politico since I’m now noticing that he is simply swallowing JK's dreck whole and stating it as fact. And so Gawker will be repeated over and over because someone flat out lied to them about my email habits, claiming firsthand knowledge that I had an account that I never did. Which was why I originally initiated this group exchange. Still looking forward to JK’s answers.

As for your requests, I understand your point — and even your frustration — but I simply can’t address or explain any of that, the Department has to. That however doesn’t mean I and others shouldn’t be given the benefit of the doubt. As I think we can all agree, USG officials are permitted to use non-official accounts in the course of their job. There are reasons that happens. An outsider could email you at your personal account, maybe because they only have that address. Maybe their official email is on the fritz. Maybe they lost their device. Maybe they made a mistake. I don’t know. But again, there are legitimate non-nefarious reasons, and there should be a measure of benefit of the doubt afforded to people. In four years, I must have sent and received nearly half a million email. The vast vast vast vast majority, maybe four ‘vast’s, the overwhelming majority, whatever term means closer to 100% than 99%, that’s where I’m guessing my average is. If you want to skewer me over a non-100% rate, I can’t do much about that.

From my perspective, if I were emailing with a reporter, I had to assume that it could end up in the public domain, as the exchange with Michael reminded me the very hard way. That’s just the nature of the beast, and what email account you use isn’t going to prevent that. Not to mention that much of what’s written to reporters is purposefully meant for the public domain since that’s the job. And believe me, I’d be far happier with you all having a field day poring through my largely boring and tedious email, than unfairly and erroneously reading that I intentionally undermined or circumvented the process. That frustrates me as much as State responses are frustrating you.

Anyway, hope this helps.

Philippe

Email No. 5:

From: Ben Smith
To: CJ Ciaramella, Philippe Reines, CJ Ciaramella, J.K. Trotter, Erick Wemple, Brian Stelter, Nick Merrill
Date: Wednesday, March 4, 7:37 a.m.
Subject: Re: Email

Hey guys: this is my fault. I misremembered. I'm sorry for sewing confusion.

I have corresponded with Philippe on his gmail, but this was not that.

Apologies.

Ben

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Four Ways to Enhance Social Media Strategies

2015-03-03T10:59:00.001-06:00

By Beki Winchell, Ragan's PR Daily

As brands become more and more visible on social media, the role of PR pros who understand the digital landscape gains importance.

Hundreds of PR pros, marketers and community managers gathered to learn from experts at Ragan’s third annual Social Media for PR and Corporate Communications Conference at Walt Disney World.

Though the lessons were numerous—PR Daily will share Storify compilations and highlight the conference on Pinterest—here are four insights that PR pros can use to ramp up their social media outreach:

1. Tap into the power of your community.
“Everything we do is powered by people,” says Thomas Smith, social media director for Disney Parks and founder of the Disney Parks blog.

Smith and his team use blog content as a “litmus test” to learn what Disney’s audience wants, and passionate collaborators guest-blog for the magical brand. Tapping into community members’ stories and insights delivers a wealth of content, which only helps build the brand across social media.
“The more content we put out there, the more people are engaging with us,” Smith says.
Jeramie McPeek, VP of digital operations for the Phoenix Suns, says social media enables the NBA franchise’s fans to interact, share their thoughts and show team spirit.

“Everybody already has an opinion,” McPeek says. “You just need to ask for it.”
Tapping into your community will tell you not only the type of content your audience craves, but also where they live online. McPeek says a November contest for free Phoenix Suns tickets had more engagement on Snapchat than on any other platform, which revealed the importance of the mobile visual channel for future campaigns.

2. Get visual.
Karl Gude, a former infographics chief at Newsweek and the Associated Press and a current Michigan State University journalism professor, explained how infographics can take something important—but boring—such as raw data and transform it into a visual storyboard.
“Infographics can be great for understanding huge amounts of information,” Gude says. As more and more brand managers embrace infographics to get the point across, PR pros can key on certain tactics to make sure their visuals are successful.

For one, keep things simple so your audience is not overwhelmed.

“Don’t make people play through the crap of your imagination to get to the data,” Gude says. Techniques to ensure clarity include highlighting a dominant image, writing text for easy scanning, and breaking up content into attractively designed sections.
Though PR pros won’t necessarily have to learn various font types, color palettes or kerning (the spacing between characters), you should still know enough to pick the best person for the job and work with that expert accordingly.

Above all, Gude says, don’t let your CEO design the infographics. Play to your strengths, and let others do the same.

3. Become ‘content counselors’ to clients and partners.

Scott Warfield, senior director of social media and broadcast communications for NASCAR, highlighted the important role that PR pros play in educating and guiding clients, sponsors and employees in the practice of successful content marketing.

Ultimately, fans want to engage with brands because they’re getting something of value, such as additional information, sneak peeks or a look at the people behind the brand.

Warfield says Kid Rock asked NASCAR to share news about his recent album. Knowing that wouldn’t resonate with the audience nearly as strongly as a well-crafted piece of content, Warfield suggested Rock let one of his songs become the backdrop for a video highlighting NASCAR and the artist’s headlining appearance at the Daytona 500 on Feb. 22. The video has received more than 600,000 views.

Employees, clients and partners will all tell stories—with NASCAR, each driver has a dedicated fan base—but by helping educate and guide content creation, brand managers can exert powerful influence on social media strategies and execution. Warfield says drivers now ask the team for advice when creating and sharing content.

Becoming that voice also helps boost your brand, because good quality will always triumph on social media. “You win in search when you create really great, relevant content,” says Ashley Brown, Spredfast’s VP of social strategy.

4. Be brave.
Brown says the brands that truly win on social media take chances and afford PR pros “license to provoke.”

Pointing to the plethora of brands such as Ben & Jerry’s and Oreo that stood for LGBT rights across social media, as well as Victoria’s Secret’s tweeted tribute to Maya Angelou, Brown says successful campaigns evoke powerful emotions and share things community members can truly get behind.
Brown says brand managers shouldn’t try to fit in when their brand was “born to stand out.” It may sound scary to many PR pros, but taking a risk with content and engagement can pay off by increasing loyalty and brand awareness.

“If you don’t stand for something, no one is going to stand with you,” Brown says.

3 Tips to Improve Websites

2015-02-19T09:55:00.001-06:00

By John McDougall, McDougall Interactive

The best law firm websites are complete destinations, not pit stops. Many law firms focus more on the design aspect of their websites, rather than looking at the big picture. Google gets several billion searches a day, and it’s hardly because of the design of their website. Users know they can get something from it.

New and Improved websiteIn order to have a well-rounded law firm marketing strategy, it is important to look beyond the surface of your website, and into the psychology of why people buy, as well as the ways they are interacting with your website based on data.

These 3 game changing tips will help you make your law firm website the best it can be.

1. Thought leadership at the center of your legal marketing strategy
It is said that people hire attorneys as much as they hire law firms, and that they deeply value thought leadership. I interviewed Prof. David Wilkins of Harvard Law School and he had this to say about leading with content and ideas.

“So I think that thought leadership is very important and I think it’s increasingly important and this is something I think is true at all levels, wherever a lawyer is practicing. That’s because clients understand that the world is becoming increasingly complex and that they are looking for lawyers who can demonstrate an understanding of that complexity and also an ability to help them to navigate that complexity. So I do think things like writing or lecturing or speaking or blogging, all of these things can be very important in establishing a lawyer or a law firm for that matter as a thought leader.”

Shown here is how Mintz Levin implemented thought leadership, video, and real people into their website. You can begin to see how simple and powerful it can be.

Mintz Levin Law firm Website

2. Add a blog and tie it to attorney business development
Adding a blog to your site is easy to do and will provide you with many benefits, as well as deepen the time people spend on your website. Back in 2012, Kevin O’Keefe of Lexblog had this to say about lawyers who are not blogging.

“Clients and potential clients look to blogs for information that shapes hiring decisions, according to multiple industry surveys; clearly, firms with blogs are the norm, rather than the exception. Blogging is quickly becoming an expected part of any firm’s marketing arsenal. Those who do not use blogs are behind, it is that simple.”

The good news is that a blog will not only help your website by positioning you as a thought leader, but it will also help your search engine optimization, give you something to share on social media, lure people into linking to your site, and give you content to share with prospects.

In an interview I did with business development coach Stuart Hirsch, on Blogging In Business Development For Law Firms, he confirmed that he believes in this strategy.

“If there’s something that a lawyer has written that has value to another person, passing that on is really valuable and blogs are such an easy way to provide that value.”

The general consensus from our interviews on the subject is that sharing helpful content whether it be blogs, client alerts, newsletters or LinkedIn updates, can be a great way to build relationships.

3. Conversion rate optimization
If you get a hundred visitors to your website, and one of them requests a free consultation or takes an action, then you have a 1% conversion rate. Setting up conversion tracking with goal conversions is the first step that many law firms completely miss, even if they have Google analytics installed.

Improving your conversion rate is essential now that search engine optimization is more complicated than ever. Social media sites are pushing paid social to compete with Google’s revenues, and paid search clicks can cost as much as $600 per visit.

I won’t go into great detail in this short post, but it is important for law firms to be aware of the amazing technology that is available to improve website leads and sales. The following are a few website marketing tools to check out:

Google Analytics: For tracking and improving visitor activity

ClickTale: Customer experience analysis

HubSpot: Comprehensive Internet marketing tool with attribution tracking

Usertesting.com: Video reviews of your website for $49 each

Feedbackarmy.com: Ask half a dozen questions to 10 people for $40

Unbouce.com: Landing page software with built-in A/B testing

It’s hard to improve your website without these kinds of tools, and people who know how to use them.

A few important things to consider adding to your website, if you want to increase conversions:

A clear value proposition of why you are different/better than other law firms
A better design and user experience
An exceptional mobile version of your site or ideally, a fully responsive design
Customer testimonials
Awards and affiliations
A top of the funnel call to action such, as an e-book for people that are not ready to hire you yet
Live Chat
Photos and videos to highlight attorneys and their thought leader content
Legal marketer Jonathan Fitzgerald told me recently on a podcast, how he likes to increase the credibility of his site through video and other means as well. Here’s what he had to say:

“We at Greenberg have started to post 30 second videos of attorneys on their profile pages just so that those that are visiting the page can not only see the attorney’s credentials, and the various awards, and speaking opportunities, and articles that have been published by that attorney, but they can also then click on the video and get a sense for the attorneys chemistry. What are they going to be like to work with day in and day out? Is there an emotional connection between the prospective client and the attorney?

Cognitive science tells us that most decisions are made first emotionally, and then they’re backed up second by reason. Obviously all of the credentials, the non‑static credentials, on an attorney’s website profile can give that second element that credentialing element, but the first element either has to be done in person or through video. We have found that video has been very helpful in creating that first touch point with a prospective client.”

Making your website more personal with content, podcasting, and video, as well as the other trust factors that I mentioned, can turn a lifeless site into an exciting destination.

New and improved law firm marketing
If your law firm website design is even a couple of years old and/or doesn’t provide a good mobile experience, then you might want to consider a redesign, and use the strategies and tactics above to improve it.

If your website is relatively new but doesn’t use these strategies, then with some relatively quick fixes, you can be off and running to your firms best year ever.

Avoiding a Social Media Crisis

2015-02-10T10:14:00.002-06:00

By Beki Winchel | Posted: February 4, 2015

The online world can—and often does—turn social media missteps into full-blown catastrophes in a matter of minutes.

Occasionally, it seems like digital consumers can take offense to anything:
However, brand managers can navigate the sometimes-rocky seas of online interaction and avoid social media crises of their own by following these suggestions:

1. Vigilantly monitor social media feeds.
Social media never sleeps. It is essential for brands to have someone monitoring social media at all times—day and night, holidays and weekends.
Depending on the brand, employee coverage across social media profiles doesn’t have to be extensive. However, the team must be aware of any and all news or trends that could affect the brand, and ready to act if the need arises.
Not only will continual social media monitoring give you great insights into the minds of your consumers, it will also alert you to any mistakes, such as a adversely received tweet, or security issues, such as a hacker’s takeover of a brand account. Burger King brand managers were quick to respond when its Twitter account was taken over; that response gave the brand a reputational boost on social media.

2. Be aware of audience and context.
Nationwide’s Super Bowl ad has everyone talking, but they’re not saying good things.
Though some thought the insurance company’s ad was memorable and served as a powerful cautionary tale, many more thought the Super Bowl was poor timing for a commercial with such sensitive subject matter.
Along with context and timing, keeping consumers in mind is important when sharing and interacting online.
PR and marketing pros know messages go further when you speak directly to the interests of your audience, but keeping those interests in mind can also help you avoid a social media brouhaha. After all, brand managers never want to offend loyal customers.

3. Create and adhere to employee social media policies.
Many online mistakes happen because of the actions of a single employee (or several, in Comcast’s case), but those mistakes can reflect badly on the entire brand.
That’s not to say employees shouldn’t be allowed to use social media. Often, they’re the best storytellers a brand has, because they’re the people interacting daily with customers.
To harness the power of employees as digital ambassadors, you should create effective, companywide policies for social media use, covering how to identify oneself as an employee when promoting content, how to respond to customers, and subjects that employees should steer clear of.

4. Know when—and how—to respond.
Sandra Fathi, president of Affect, says the basic tenets of social media crisis management are responding through the same medium on which the offense occurred, apologizing quickly and sincerely and offering a remedy.
Knowing when to employ these tenets is paramount. Brand managers don’t have time to do battle with customers who are intent on voicing anger or being Internet trolls.
Jay Baer, founder of Convince&Convert, says social media crises have three key characteristics: information asymmetry (Does the company knows less than the public?), a change from the norm (criticism that falls outside of everyday conversation), and scope and scale (how much a situation can affect the company overall).
Creating a crisis communications plan will also help brand managers and their teams know when and how to respond in a variety of situations.

5. Use a cross-departmental editorial calendar.
Social media is a team effort.
Brand managers who use an editorial calendar can schedule promotional posts well in advance, leaving more time for social media monitoring and interaction—provided they also reschedule posts if a crisis or tragedy pops up.
When many departments are involved with an editorial calendar, promotions become more streamlined and customer service issues can be more easily resolved. In some cases, the legal team might get involved to make sure responses don’t feed social media fires or get the company into deeper trouble.
You can learn more ways to use an editorial calendar and other tools to mitigate social media crises in our #RaganSocial chat Tuesday, Feb. 3, at 2 p.m. CST. Caleb Gardner, a partner in the communications firm 18 Coffees and deputy digital director of Organizing for Action, will be our guest host. You can also hear Gardner speak at our Ragan Disney conference.

How the Price of Oil is Affecting Litigation

2015-02-03T10:49:00.000-06:00

Historically litigation experiences the same high and lows of oil prices. Oil prices impact cash flow and that in turn, can impact a company's P&L. But the decrease in exploration or operations doesn't mean all litigation is drying up- in fact, different kinds of litigation is most likely ramping up.

For instance, lower oil prices may force some companies to be in breach of obligations because a project does not meet economic realities or the cost of development may be too high to meet lease commitments, or debt may become due that cannot be paid amounting to increased legal services needed to address delinquent accounts.

The need for legal services to address these issues can already be seen by comparing oil and gas disputes filed in Harris County District Courts in the first two weeks of January 2014 compared with the first two weeks of this year. There were 5 times more disputes filed in this timeframe in 2015 than in 2014. Historical trends with over-leveraged companies also indicate bankruptcies and related litigation is also on the rise.

The downturn in pricing may also force some companies to look for more value in terms of their legal spend. Now would be an excellent time for forward-thinking attorneys to market their value to clients who may need these particular services in the near future.

Legal Marketing Trends to Try in 2015

2015-01-27T09:55:00.002-06:00

We recognize that with every year that passes, technology becomes more powerful and it allows consumers to more efficiently shop for products and services. As the owner of a personal injury law firm, you know that “keeping up with the times” is essential to not only growing your practice but also sustaining your practice. Here are some legal trends to consider as you focus on the months ahead:

If growth is your plan for 2015, then you must have a website. According to a study done by Hinge Research, 77% of all leads are generated online!

Your website should include more than just your contact information and what types of cases you specialize in. It should also include reading materials for victims to prepare for what’s ahead, whether or not you take cases on a contingency basis, your success stories and why you are the best attorney out there.

Having a website is no longer recommended, it is essential. If growth is your plan for 2015, then you must have a website. According to a study done by Hinge Research, 77% of all leads are generated online!

Be conscious of your online reputation. Victims in search of an attorney can be skeptical about legal representation. We have all heard of those lawyers that didn’t give the client what they were promised.Be sure to check-in on what others are saying about you on review sites like Yelp and social media sites like Facebook and Twitter. Not only should you monitor what’s already being said, you should also encourage happy clients to comment about their success stories and why they would recommend you to others. Information about you is just a click away. Be sure what people read entices them to contact you with their case.
Engagement increases conversations and increases cases. Research shows that the number one way to increase conversations with potential clients is to engage them with content driven newsletters. A great way to do is with email marketing. Stay top-of-mind by regularly communicating helpful information to your contact list. Give them tips for what to do in accidents, educate them about statute of limitations, inform them of new laws coming into effect, etc.
Do not overlook the power of social media. Social media is a sign of the times. Most people today will engage in some type of social media every day. Just as they keep their “milestones” up-to-date, they will expect the same from their lawyer. Keep your profession profile current on LinkedIn. Tweet success stories. Promote your firm and any firm news you have on Facebook. Be sure to respond when clients and new victims comment on your posts.

Effectively marketing your firm so you can survive amongst all the competition can be tedious and cumbersome. However, you have options to help you. There are legal marketing firms that have well established websites, a great online reputation, effective email marketing strategies and a strong social media network. If you’d prefer to focus on representing the injured, leave the footwork leading to increased leads to the marketing professionals.

Anush Alexander

Director of Marketing, National Law Review

Biggest PR Goofs of 2014

2015-01-05T09:22:00.001-06:00

This year's rundown of bad public relations decisions includes swastika Hanukah wrapping paper courtesy of Hallmark, Old Navy charging more for plus sized women's clothes than plus sized men's and misused #hastags. Perhaps the most important lesson learned last year however? How a company responds to bad PR and how quickly makes all the difference in a hand slap or a falling stock price.
Click here to see the top oops moments of 2014.

Merry Christmas !

2014-12-22T10:54:00.000-06:00


Merry Christmas and Happy New Year from all of us at Media Masters!

Corporate Compliance in a Sea of Soundbytes

2014-12-17T09:41:00.000-06:00

Recently the State Bar of Texas Corporate Counsel section requested Tim Rotheberg of Coats Rose law firm and Miranda Sevcik, Principal of Media Masters write an article about the dangers of communication to the media during a corporate crisis.

In the court of public opinion there is no longer room for error. These days an errant Tweet, inappropriate picture or offhand comment to a reporter can bring down a CEO, plummet a stock price and guarantee a lawsuit.

For example, in an interview with Bloomberg TV late last year, Chip Wilson, the founder of high-priced athletic clothing manufacturer, Lululemon, blamed the recall of a line of yoga pants on the size of certain women’s’ thighs. Wilson stated, “Frankly, some women’s bodies just don’t actually work [for the yoga pants],” and as for the recall problems, he stated, “it’s more really
about the rubbing through the thighs, how much pressure is there over a period of time, how much they use it.”

Read the full article here.

Top Apps for PR Pros

2014-12-15T10:03:00.002-06:00

Name virtually any task, and there’s probably an app for it.
The Android and Apple online marketplaces are flooded with apps that range from helpful to inane. With all the buzz surrounding successes like “Candy Crush” or “Kim Kardashian: Hollywood” (which is set to make $200 million this year), PR pros can often forget what a life saver technology can be, overlooking many digital tools that can make the work go more smoothly.

Here are five apps that PR professionals should have in their arsenal:

1. IFTTT (available for Android and iOS)
Social media management can quickly become a nightmare-inducing situation for PR pros balancing several social media profiles, especially for more than one client.
The IFTTT (“if this, then that”) app makes managing these accounts less stressful with the use of “recipes” that connect actions on multiple accounts. For example, you can have IFTTT send a tweet every time you post to Instagram, increasing your profile’s visibility.
PR pros should beware, though: The app can make easy work of several tasks, but automating all social media can put you in hot water—like this posthumous iPhone 6 post from Joan River’s Facebook account.

2. Pocket (available for Android and iOS)
Staying on top of the news and current trends is a must for PR professionals. There are many great newsreader apps available for busy communicators on the go, but Pocket saves articles, videos and other tidbits for you to read later on your phone, tablet and computer.
The app connects with several other apps and websites and even enables you to read content when you’re offline (great for flights or subway traveling) and, when you’re connected, to share the articles via Facebook, Twitter, email and more.

3. Humin (available for Android beta testing and iOS)
PR pros are constantly networking, which means your list of contacts can end up resembling a jigsaw puzzle with too many pieces.
Enter Humin, an app that organizes your contacts. You can search for people based on phrases such as “met last week” or “works at PR Daily.” The app also syncs contacts’ information from connected social media sites to give you more information.
It’ll even let you know when one of your contacts is visiting your city, so you can easily meet up with them.

4. LinkedIn Job Search (available for iOS)
LinkedIn can be a trove for PR, marketing and social media jobs, and many employers give candidates the chance to apply for open positions directly through the social network.
Though job hunters can use the standard LinkedIn app on their Android or Apple devices to locate and apply for the job of their dreams, the new Job Search app makes short work of the process.
Users can search using keyword, location and other criteria and can even set the app to search for openings in their area. Positions can be saved in the app and users can receive notifications if the listing has changed. The best part: Searches and applications are kept secret from your network.

5. PRSA Ethics (available for Android and iOS)
The Public Relations Society of America’s Code of Ethics is the industry standard for PR pros. For press releases that might overstep the line with regard to a quote, or in crises that call for a lightning-fast response, this app can provide immediate guidance.
Jessica Airey, the Public Relations Student Society of America’s national VP of advocacy, says the app can navigate “all the ethical dilemmas you will face during your career.” She continues:

The app includes an explanation of the professional values, Code of Ethics provisions, case studies, an ethics quiz and more. Plus, it connects you to public relations experts who can guide you in answering your toughest ethics questions on-the-go at your job or internship.

By Beki Winchel

Seven Mistakes You Should Not Make on Your Linkedin Profile

2014-12-08T09:22:00.002-06:00

There are several reasons your profile is a mess: Lack of involvement in groups, a paucity of recommendations, and plain, old neglect to name a few. Oh, and ditch that photo of you at the monster truck rally.

By Jason Miller

In the age of personal brand marketing, it's just not OK to let your LinkedIn profile sit collecting Internet dust until you're ready to look for your next job.

If your profile isn't current, or if it communicates indifference, not only are you likely missing career-transforming opportunities, but you could also be giving people the wrong impression. Most important for marketers, a stale profile means you're losing out on the chance to build thought leadership clout and keep your company's brand top of mind.
Here are seven reasons your LinkedIn profile might be coming across as a social media mess.

1. Your headshot was taken at a BBQ.
Your LinkedIn photo should make potential employers or business partners feel comfortable with you immediately. Would you show up for a business meeting, beer in hand? Would you wear a strapless party dress? Not likely. Your photo should express "relaxed and at ease," yes, but make it an energetic, in-your-element, confidence-exuding ease.

The only thing worse than an unprofessional photo is no photo at all. A profile page with a picture is seven times more likely to be viewed than a page without one. So put on your favorite (work) outfit, grab a friend you trust, think of a great moment from your last vacation, and get some good shots of yourself. It'll be worth it.

2. Your profile is missing the basics.
Uploading your resume to LinkedIn is just a start—but it's a critical start. If you haven't included recent job history and education, your profile says loud and clear: "I'm not really serious about this LinkedIn thing yet."

Try this: Do a quick Internet search of three colleagues. Do their LinkedIn profiles show up near the top of the list? What happens when you search for yourself? Are you happy with the results? LinkedIn profiles tend to be indexed highly on all the major search engines, which means that your profile is much more than an online resume—it's your professional identity.

3. Your last update was a tribute to Steve Jobs.
An active page is an effective page. To gain traction with co-workers, peers, and future employers, you have to share on a regular basis. Status updates show up on the home page feeds of everyone in your network, so updating frequently is an easy way to keep your name (and your brand) in their field of vision. Share information that's helpful, educational, inspiring, and sometimes entertaining. Keep your updates generally upbeat and relevant to your field of expertise, and post regularly.

4. You have no recommendations.
When you find a mobile app that looks great, but no one has recommended it yet, do you download it, or do you move on to something with 36 five-star reviews?

You probably feel better paying $1.99 for something at least a few people like, right? Same goes for recommendations on LinkedIn. When people vouch for you on your profile, it might not make or break a potential employer's decision to contact you, but it'll raise her comfort level.

LinkedIn has made the recommendation process beautifully painless. Yes, you should still speak to anyone you're requesting a recommendation from, or at least write a personal note. But emphasize that you respect that person's time. Recommendations are meant to be concise. Each should take only about 10 minutes to write. Request a recommendation within a couple of weeks after completing successful projects, and they'll accumulate in no time.

5. You aren't engaging.
Business is social. Hiding out in a cubicle for eight hours a day without speaking to the people around you has never been a good career choice, and it's not a good move to behave that way online, either.
LinkedIn has made it supremely simple to connect socially with people inside and outside your immediate circle. "Liking," commenting, and sharing are all great ways to network, get on the radar of influential folks in your space, and stay in touch with colleagues near and far.

Plus, with LinkedIn's mobile app, you can access the latest news and topics that are hot with your network and the companies you follow, share instantly, as well as direct message your connections, including prospects and clients—from anywhere.

6. You don't belong to any groups.
LinkedIn Groups act as social networking hot spots that many members can't imagine doing without. So, if you haven't yet joined a group, give it a spin. It's a great way to get noticed, share and collect ideas for marketing and content efforts, and build thought leadership.

Just as with your local PTA or Chamber of Commerce, the LinkedIn groups you join and participate in can act as badges of honor. I mean, who doesn't want to show up as a top contributor of a popular, influential group? Be proud of the organizations you represent or belong to, and check in with them often.

7. You're not showing off your treasure.
This one may be new to you, so listen up. You can now showcase a rich media portfolio on your LinkedIn profile: Slideshare decks, infographics, videos, e-books, and more. We call it "building your treasury," because this is where it's OK to show off all the gems you've designed and produced throughout your professional life.

Whether you're a chef, makeup artist, marketer, or journalist, you can now house all your important work in the place that makes the most sense: your LinkedIn profile. Here are some great examples.
If you're hiding a hot career behind a messy LinkedIn profile, it's time to make some changes and take control. Take these lessons to heart, and you'll build a personal brand that is worthy of your past endeavors, and that can help you land the next sizzling opportunity to come your way.

Jason Miller is the senior content marketing manager at LinkedIn. A version of this article first appeared on Convince & Convert.

Bill Cosby Accusers Redefining Comedian's Legacy

2014-11-24T12:42:00.002-06:00

Showbiz fixers weigh in on the comedian's PR disaster, and say silence is golden

Bill Cosby‘s latest PR nightmare is no laughing matter. Just one day after the iconic comedian refused to answer questions about multiple sexual allegations during an interview with NPR, another victim has come forward.

So far the comedian has only issued a statement through his attorney denying the allegations. Is Cosby's strategy working so far?

According to president and CEO of Centurion Strategies Michael Bilello, “When he did the NPR interview and literally said ‘no’ to making a comment it's interpreted as stonewalling, and guilt is associated with that tactic. The public assumes you're hiding something. That is the worst thing you can do.”

The sexual allegations against Cosby were reignited after a social media stunt soliciting memes with the comedian's picture went terribly wrong. Cosby's Twitter account was soon flooded with user-generated memes, but not the kind the comedian was hoping for.

“My two favorite things are Jello and Rape,” said one follower. Another asked, “Someone really thought #CosbyMeme was a good idea?”

But snark may be the least of Cosby's problems. “There's the court of public opinion and then there's the court of law,” said Bragman.

The allegations picked up steam last week after actress Barbara Bowman claimed that Cosby raped her in an essay in the Washington Post. Then another woman, a publicist by the name of Joan Tarshis, came forward with similar claims.

Recent comments about the scandal made by comedian Hannibal Buress during a standup routine in Philadelphia only added fuel to the fire.

In an effort to stop the crisis, Cosby's lawyers issued a statement on the comedian's official site saying he would not be addressing “decade-old, discredited allegations.”

The combined effect of all the negative attention could jeopardize a planned NBC primetime series and an hour-long Netflix special, but so far neither have been scrapped. “NBC is going to take time to see which way the wind blows,” predicted Bragman.

Cosby settled out of court with one of his accusers, Andrea Constand, in 2006. So far 14 women have come forward claiming similar allegations. And that, according to Bragman, is far worse than any canceled sitcom.

“His best hope right now is that someone else does something really stupid that attracts even more attention and claims the spotlight.”

Are Corporate Apologies Wearing Out Their Welcome?

2014-11-10T12:30:00.000-06:00

PR professionals are well acquainted with the necessity of the corporate apology. It’s usually the first thing we insist upon after a client’s public and embarrassing gaffe.
Back in the day, apologizing was something CEOs and other public figures were often loath to do. It suggested weakness and served as an admission of guilt. The prevalent thinking was, “What the public doesn’t know won’t hurt them.”

Social media was a game changer in all of that. Anybody—expert or not—can now voice an opinion on any social platform of their choosing. The collective impact can be devastating to a personal or organizational reputation.

To that end, the public is now regularly subjected to the grand mea culpa, often staged in the form of press conferences and accompanied by heartfelt phrases of apology. There are even sometimes a few tears for good measure. Witness NBA Commissioner Adam Silver's widely covered apology over Donald Sterling’s racist remarks or even Canadian politician Paul Calandra’s tearful response when accused of evading a reporter’s question.

Sometimes, a quick tweet of retraction is employed, fueling public response and continued backlash that will hopefully burn out after 48 hours. Such was the case when Microsoft CEO Satya Nadella’s asserted that “karma will compensate women with better salaries” and quickly issued an apology.
With the elevated frequency of public apologies, is the public even buying into this “I’m sorry” strategy anymore?

“Audiences are onto the mea culpa tour and the non-apology/apology,” says PR and marketing strategist Karen Swim. “But a sincere apology will stand the test of time. Our mothers knew the difference between genuine remorse and 'I'm sorry I got caught,' and so do our audiences. If you're going to say it, mean it, and if you really mean it, back it with tangible actions.”

Julia Joy of Z Group PR agrees. “An apology must be followed up with a plan of action to provide restitution. Is it a change in company culture? Is it a solid program or an internal audit? This is what consumers are looking for. They want the whole package.”

What about the media’s perspective? They are often charged with covering such apologies when it propels an ongoing story. According to Lauren Strapagiel, news editor at Canada.com, the key is to not to apologize for having offended someone, but apologize for having been offensive.
“We’re perfectly aware when an apology is a hollow, hasty attempt to save face,” she says. “The story will reflect that because we can go to a source and ask what they think of an unimpressive apology.”
Some apologies do go off the rails, and there can be many factors that play into why: The person charged with delivering the message may not be comfortable with public speaking, have yet to experience what it’s like to be in the eye of a crisis, or have language or cultural differences wit the audience.

Is there any other way to publicly express regret? There are many audiences to consider, both external and internal, who may need to hear “I’m sorry” before being able to move on.

“In this day and age, a genuine corporate apology is still a necessity,” says Barbara Laidlaw, executive vice president and group head of crisis and issues management at Edelman in New York. "The relationship between a corporate entity and its consumers, employees, and stakeholders can be damaged by unforeseen events. A genuine apology, including acceptance and acknowledgement of wrongdoing if appropriate, is still part of the healing and/or rebuilding process."

“While it may be altruistic, I’d like to believe the less-than-genuine apologies are the exception, rather than the norm,” Laidlaw says.

Swim says she offers her clients this advice: "I counsel clients to not do stupid things. But, if they do, or if something is misinterpreted, own up to it and fix it."
-By Elissa Freeman, PR Daily

Three Rules for Media Interviews

2014-10-20T09:24:00.001-05:00

I started my working life as a journalist and eventually became director of communications for the media publishing company. Soon, its presses started breaking down, and then it became involved in a strike.

If there was a degree in “Media Trouble-R-Us,” I had earned it.
As a result, I developed three rules for media interviews:

1. In media interviews, always have three key messages.
The biggest error most communicators make when facing the media is they go into full-on defensive mode.

Instead of vowing to “survive” the interview with a minimum of damage, convince yourself it’s your job is to convey your own three messages.
(Once you accomplish this, congratulate yourself on your success.)
The best defense is always a good offense.
So, why only three messages?
The same reason there are three little pigs, three stooges, and three musketeers. And the same reason I have three rules for media interviews.

People remember things more easily in groups of three.

This will help you remember the messages yourself and will ensure your audiences remember them, as well.

When developing the key messages, make sure they answer the main questions reporters are likely to have about your story.

If your train has derailed, express concern for the passengers and describe your company’s commitment to safety.

If you’re laying off staff, explain why, and describe the (generous, we hope) severance packages.
If your CEO has died, express regret for the family and detail your succession plan.

Most important, make sure your key messages address these questions: Why? How? Where?
Then, use those messages to answer all the questions you’re asked.

2. Have some ‘turning phrases’ ready.
When a reporter asks you a question you can’t or don’t want to answer, have a few phrases that will allow you to turn the question and provide the key message you have ready.
Here’s a handy list:

· The more important question is… [return to key message]

· I find, what people really want to know is… [return to key message]

· The crucial issue in front of us today is… [return to key message]

Don’t answer questions with other questions, as that will make reporters see you as belligerent and provocative.

But you can redirect, if you do so in a respectful and friendly fashion.
Memorize the phrases above, or develop others so that you aren’t always “turning” with the same words.

3. Remember: The microphone is always on.
Print reporters know they always get their best material after their notebooks are closed, and TV reporters know they get their best stuff if the subject is unaware the camera is still running.

Consider this 2012 example from President Obama and then-Russian-President Dmitri Medvedev:

Obama: “On all these issues, but particularly missile defense, this can be solved, but it’s important for him to give me space.”

Medvedev: “Yeah, I understand. I understand your message about space. Space for you…”

Obama: “This is my last election. After my election I have more flexibility.”

Following what was widely viewed as Obama’s gaffe, Republican presidential candidate Mitt Romney criticized the remark.
He said:

President Obama signaled that he’s going to cave to Russia on missile defense, but the American people have a right to know where else he plans to be “flexible” in a second term.

It was a stupid mistake and one you should avoid.
You might have a cordial relationship with certain journalists , but they have a job to do, and it doesn’t usually involve helping you.
Always regard anything you say in the presence of a reporter as something that might appear on the 6 p.m. news. Edit yourself accordingly.

What rules do you follow in order to make sure you’re getting the media attention you deserve?

Daphne Gray-Grant is a former daily newspaper editor, a writing and editing coach and the author of the popular book "8 1/2 Steps to Writing Faster, Better." Via her website, she offers the newsletter "Power Writing." It’s weekly, brief and free.

A version of this article originally appeared on Spin Sucks.

Cyber Liability Coverage - Believe it or Not Its Here

2014-10-10T10:03:00.002-05:00

Article by Alan R Lyons, Ronald J. Levine and Barry Werbin

Herrick, Feinstein LLP

In today's modern world, data breaches are a fact of life. Last month, Home Depot confirmed that hackers broke into its payment systems and stole debit and credit card data for more than 40 million customers. With that attack, Home Depot joined a growing list of high-profile companies, including household names such as Michaels, P.F. Chang's, Wyndham Hotels and Neiman Marcus that have had sensitive customer data stolen or compromised via cyber-attacks.

Although data breaches affecting large, well-established companies have grabbed the headlines, a data breach can happen to any business, large or small. All businesses that transact business online and store sensitive data on a network are susceptible, and the range of customer and employee data that could be exposed by a breach makes the potential fallout significant. This data includes customer lists, credit and debit card information, employee social security numbers, intellectual property and trade secrets, records, receipts and tax documents.

Traditional business liability insurance policies do not fully address cyber exposures, however cyber liability insurance can fill that gap. Cyber liability insurance can help businesses safeguard against data breaches, computer hacking, computer viruses, theft of information and employee sabotage. Here is a summary of the various types of coverages available under this type of policy:

Privacy Liability
- Covers liability arising out of a company's failure to protect personally identifiable or confidential corporate information in its care, custody or control, or by others on its behalf.
- Provides coverage for regulatory proceedings brought by a government agency alleging the violation of any state, federal, local or foreign privacy legislation.
Network Security Liability
- Covers liability arising out of:
  (a) the failure of a company's network security to prevent computer attacks, including unauthorized access or unauthorized use of corporate systems resulting in deletion, corruption or theft of data;
  (b) a "denial of service" attack -- an attack which makes a network unavailable to its intended users; and
  (c) the failure to prevent transmission of malicious code.
First Party Coverages
- Covers the following types of expenses incurred by a company as a result of a data breach:
  (a) expenses to retain a computer forensics firm to determine the scope of a breach;
  (b) expenses to comply with privacy regulations;
  (c) expenses to notify and provide credit monitoring services to affected individuals;
  (d) expenses to retain legal, public relations and/or crisis management services to restore the company's reputation.
- May also cover regulatory fines or penalties incurred because of a data breach.
- May also cover business income loss when business operations are interrupted or suspended as a result of a security breach.

There is a wide variety of policies and levels of protection available. Policies can be tailored to fit the needs of a particular business, including its size, sector, number of customers and type of data. In short, no two policies are identical. More importantly, the policy terminology can often be confusing.

Many companies analyze their insurance policies only after a data breach occurs. However, it is often advisable to obtain legal counsel prior to the purchase of cyber liability insurance to ensure that the scope of coverage is tailored to meet the company's specific needs, and to avoid common insurance purchasing pitfalls. There are many questions and issues that should be considered during such an analysis, including:

Does the policy provide sufficient sublimits for legal, computer forensics, public relations and/or crisis management expenses? Many policies include those coverages, but only at low sublimits. Those fees can often be substantial and can exhaust the sublimits very quickly.
It is recommended that the policy contain "prior acts" coverage, to ensure that coverage applies in the event that the insured's network has been breached before the policy was purchased. In many instances, a breach can occur over a long period of time without the knowledge of the business owner.
The exclusions must be read carefully -- for example, be wary of an exclusion for attacks through unencrypted laptops or mobile devices as many cyber-attacks have occurred through those devices.
Some policies contain a "wild virus" exclusion, which means that coverage would only apply to a cyber-attack targeted at the insured entity itself. However, many viruses circulating over the internet are "wild" in nature and not directed at any particular entity.
Does the policy provide coverage for regulatory fines or penalties?
Does the policy provide business income coverage, and if so, is coverage triggered only by a complete suspension of business operations, or would a mere interruption in business operations be sufficient to trigger coverage?

2014 Top Grossing Law Firms in the World

2014-10-06T10:25:00.002-05:00

The Global 100 continues its cautious post-recession recovery. Gross revenue was up 4.3 percent and profits per equity partner were up 5.4 percent among global firms, though revenue per lawyer was flat. It's still a challenging environment, and firms continue to look abroad for growth.

Dallas Ebola Patient Could Prove Toxic for Hospital Lawyers

2014-10-03T12:10:00.001-05:00

Angela Morris and Miriam Rozen, Texas Lawyer

As officials diagnosed the first case of Ebola in the United States at a Dallas hospital, it may be creating "a nightmare" for the hospital's in-house lawyers, said the former general counsel of a large hospital system.

One of the potential legal issues: There was a two-day delay between when the Ebola patient first visited Texas Health Presbyterian Hospital and when the hospital placed him in isolation.

ED BARKER

"I think sweating bullets is probably the right term. I would be concerned," said Ed Barker, who for 25 years was the chief legal officer for SCL Hospital System, which operates facilities from Kansas City to Santa Monica.

According to the Centers for Disease Control and Prevention, the Ebola patient arrived in Dallas from Liberia on Sept. 20. The person was not sick or contagious on the flight, but developed symptoms on Sept. 24. The patient sought treatment at Texas Health Presbyterian Hospital on Sept. 26. On Sept. 28, he showed Ebola symptoms and the hospital admitted and isolated him, according to the CDC.

"The general counsel of Texas Pres[byterian]—or any general counsel for that matter—will be going back and looking at that first point of contact with that patient to make sure the CDC hospital checklist for Ebola was followed," said Barker. "You have to treat somebody—until you have the test results back—as if they have the potential of an infectious disease, especially if they came from a West African country."

JOSEPH GERACI

Joseph Geraci, a health care law attorney who represents hospitals and other health care entities, noted that federal law requires a hospital to screen and stabilize anyone who visits an emergency room.

"Screening is the most important piece there," said Geraci, a Husch Blackwell partner in Austin. "If it were my client, what I would probably want to do in this new environment of Ebola, which is terrifying everybody ... I would want to review the screening process and to the extent we are not asking patients where they had recently traveled ... maybe that's something we would need to incorporate into the screen."

The Ebola patient told health care workers on his initial hospital visit that he had recently been in an area affected by the deadly disease, but that information was not widely shared, a hospital official said Wednesday, according to The Associated Press. The man explained that he was visiting the U.S. from Liberia, and was sent home with antibiotics, according to the man's sister, the AP reported.

Dr. Mark Lester, who works for Texas Health Resources, the parent company for Texas Health Presbyterian, said a nurse had asked the man whether he had been in any part of West Africa, where Ebola has killed thousands. But that "information was not fully communicated throughout the whole team," the AP reported.

Charles Boes, the general counsel and executive vice president for Texas Health Resources, did not return a call or email seeking comment. According to its website, the company "is one of the largest faith-based, nonprofit health systems in the United States" and has more than 20,500 employees at 25 facilities.

Other Legal Issues

When an epidemic draws national and international attention, hospitals must balance two considerations: the risk of litigation based on failure to diagnose and the need to prevent bottlenecks at facilities due to admittance of patients who have fever or other symptoms but no likely Ebola infection, said Charles Bailey, the general counsel of the Texas Hospital Association, a nonprofit Austin-based group of some 450 membership hospitals.
"The Ebola issue is very, very serious, because with this disease, it's deadly," Bailey said, "but I don't know that the legal issues are different with it than with any other type of communicable disease."

Bailey said hospitals must focus on both patient confidentiality and concerns about failure to diagnose. He said he expects his member hospitals will be taking extra steps so staff can identify patients with communicable diseases, and, specifically as recommended by CDC officials, asking about patients' recent travels.

Bailey also addressed concerns about the possibility of panic spreading among medical staff on the front lines of potential Ebola cases. A hospital staffer who refuses to work in such instances could provide grounds for termination, Bailey said, adding that he hoped "it wouldn't come to that." He noted that an Ebola infection is "difficult to transmit," requiring "direct contact with blood" or other bodily fluids of a contagious person. At the same time, Bailey said, Ebola is hard to diagnose because its initial symptoms resemble those of other illnesses, including simple flu viruses, and he is unsure how many days it takes for blood test results to confirm an infection. Therefore, he said, "a very legitimate" concern exists about claims of "failure to diagnose." He noted that hospitals face such claims "everyday" about hard-to-diagnose ailments.

But with the Dallas Ebola case, Bailey said, the question becomes: "Are we potentially isolating every patient that comes in with a fever and that would cause a bottle neck?"

Barker guessed that Texas Health Presbyterian's legal staff may be struggling with the duty to answer the public's questions while protecting the Ebola patient's privacy rights. He said the hospital's lawyers will likely want to fill an advisory role for the clinical team by answering questions and educating staff. Also, the lawyers must formally notify the state and federal governments that it has an Ebola patient, as well as send notices to anyone who came into contact with the patient.

Geraci said the hospital's lawyers might be spending a lot of time on employment matters.

"You are asking your health care workers to be put in harm's way. What is you liability to those health care workers?" he said. "The health care workers that are treating this person and that were exposed to this disease—like the people who did the first screens—what are you doing as far as testing them? Are you going to quarantine them? What about their families? I would guess that would be eating up a lot of time."

Geraci added that although there might be various legal issues involved in treating an Ebola patient, he wouldn't want those legal matters to disturb the "larger public health issue" of minimizing the risk that Ebola might spread.

He noted that both federal and state law gives the government "pretty broad" power to stop the spread of disease by quarantining people who were exposed and isolating those who become ill—whether they agree to it or not.

But while dealing with the public health emergency, Geraci said, the authorities should also "respect to the extent possible the rights of the individual."

He added, "The greater good, of course, is making sure this does not become a public health disaster, but there are ways you can do it while still respecting our core fundamental beliefs, as a society, of privacy and self determination."

Lisa Hernandez, the general counsel for the Texas Department of State Health Services, did not return a call for comment.

Ten Point Plan for Healthy Marketing

2014-09-29T11:10:00.000-05:00

A legal news aggregation website called LawFuel.com recently ran a post with a 10-point checklist of how law firms can gauge the health (and effectiveness) of their legal marketing programs.

Here’s the list -- how are you performing?

1. Does your firm encourage cross-selling among attorneys? If you have multiple practice areas and lawyers who specialize in each area, then those lawyers should be cross-selling your services. Make sure all your attorneys understand your total offerings.

2. Is your staff involved in marketing? Your legal marketing efforts should touch every member of your staff, who are your ambassadors to pass along your expertise to their contacts.

3. Do you have a program for keeping in touch with former clients? This is a no-brainer. Add them all to your monthly e-newsletter list and establish a system for sending out keep-in-touch emails that doesn’t require any babysitting from busy lawyers.

4. Are all your lawyers engaged in business development? If not, implement a training program on your marketing messaging and encourage them to get out and network.

5. Is your website current? An out-of-date website tells prospects that your firm is out of date.

6. Is anyone managing your online reputation? Reputation management is critical for law firms.

You should have this task assigned to someone (internal or external) who regularly conducts online searches for your firm name and attorney names. If something bad pops up, you should have a process for dealing with it effectively.

7. Are all your attorney bios up to date online? Every attorney should have a complete and current bio with a professional photos on LinkedIn, Avvo, Martindale, etc.

8. Do you have a blog? A blog is one of the best ways for you to market to your niche, highlighting your practice areas and pumping out fresh content that showcases your expertise in each.

9. Are you providing added value to clients? Providing clients with value above and beyond what they are paying for will keep them coming back.

10. Are you micro-managing the client experience? Do clients have to wait when they show up for an appointment? Are you offering them something to drink and making them feel at home? If not, you need to take another look at how your firm treats clients because they are measuring you not just against other law firms but against every service provider they know. And if they don’t like the fit, they won’t be back.