Marketing

News & Analysis as of

Rising to the Top Of the Maybe Pile

In the smash pop hit of 2012, “Call Me, Maybe,” Carly Rae Jepsen sings about giving her phone number to a hunky stranger with the hope that he will call her, “maybe.” We all want more business, not more maybes, but...more

Déjà Vu: State AG Consumer Reporting Settlement Follows Landmark New York Agreement

On May 20, 2015, 31 states’ attorneys general settled with three major credit reporting agencies (CRAs) for six million dollars and commitments to make a number of changes to their business practices. With the exception of...more

Running a Sweepstakes in France is Less Misérables

It’s not every day that one gets to observe a non-U.S. jurisdiction abandoning frustrating, idiosyncratic requirements on sweepstakes promotions, but – sacré bleu! – we’ve got one to report. For several years,...more

Pharmaceutical Marketing and Unfair-Trade-Practices Claims

Lawsuits against pharmaceutical companies generally center on product-liability claims. A new trend in pharma cases, however, is to include a different kind of claim: a claim for unfair trade practices....more

TCPA Connect - May 2015

Court Orders $22M Payment in TCPA Fax Suit - A federal court judge in New Jersey recently held that a defendant could be directly liable under the Telephone Consumer Protection Act for fax ads that it did not send. As a...more

Claims about Biodegradable Plastics Breakdown Under FTC Scrutiny: Marketers Beware!

In the recent administrative proceeding before the Federal Trade Commission (FTC) against ECM Biofilms, Inc. (ECM), the FTC’s presiding chief administrative law judge (ALJ) ruled that the plastics additive manufacturer ECM...more

Levi Strauss and Auditing of Third Parties

Today we celebrate innovation. On this day in 1873, a patent to create work pants reinforced with metal rivets was granted. This marked the birth of one of the world’s most famous garments: the blue jeans. Jacob Davis, a...more

TODAY is the best time ever to market your firm.

We may not see another opportunity like this for a generation. When times are good, everyone’s marketing. Competition is brutal. The playing field is crowded with cash-rich competitors spending money vying for attention....more

“Age Defying” Make-up Case Only Partially Defies Preemption

Coco Chanel said that nature gives you your face at 20, but you earn your face at 50. Perhaps that is not so different from Mark Twain’s theory that one’s wrinkles should merely be monuments to smiles. Those platitudes do...more

National Non-Profit Fair Housing Organization Files Complaint Against Fannie Mae Alleging Racial Discrimination

On May 12, 2015, the National Fair Housing Alliance (NFHA) and 19 local fair housing organizations (collectively, the “Complainants”) filed a fair housing discrimination complaint with the U.S. Department of Housing & Urban...more

Softening a Double Entendre With a Picture?

It has been a while since I’ve seen a billboard in the Twin Cities worth writing about, but this one engaged my attention. Let’s hope for more as our weather turns for the better. It appears the Minnesota Department of...more

#Trademarks?: Hashtags as Trademarks

Hashtags have become ubiquitous in social media, but their status as intellectual property—particularly as trademarks—is still developing. First adopted by Twitter users to link user posts, hashtags are character strings...more

Sorry Lois or How I Started a Law Firm from Nothing

I always talk about my frustrating experience at a certain semi-prestigious Long Island law firm (sorry, Lois). I do it partly to rub my success in their noses because they never had faith in me, but mostly because the way I...more

The Basic Rules of Website Advertising for EB-5 Securities Offerings

EB-5 securities issuers, sponsors and others who market EB-5 securities often want to use websites to provide information to potential investors regarding their past and current EB-5 projects. When using these websites, it...more

Hey, Where Did All My Online Friends & Connections Go?

Remember that passionate follower of yours on Twitter that shared everything you wrote? Remember that new connection you made on LinkedIn that seemed interested in what you had to post? Remember that friend that went out of...more

CFTC Whistleblower Awards On The Horizon

In a recent interview with Law360 (subscription required), Chris Ehrman, the Director of the U.S. Commodity Futures Trading Commission’s Whistleblower Office, predicted that the number and size of the CFTC’s whistleblower...more

I Second that e-Motion: Protecting Motion Marks

Grabbing and keeping the consumer's attention can be difficult, especially in the online marketplace where advertisements and surveys obscure content on the screen and distract the viewer. Most marketers know that animation...more

A Recession-Era Marketing Committee Conversation

A Sadly Common Marketing Conversation: Fortunately, most of the legal profession seems to have weathered the recession. There were some notable flops and failures, but things have clearly been picking back up. We’re...more

#LetsAskNancy – Lawyers: What Tone Should You Use In Social Media?

One of the questions I am often asked is: “What tone should I use when I post in social media, or when I blog?”...more

5 Effective Link Building Strategies for Lawyers

There are a lot of ways to get links to your site. Sometimes it is hard to come up with good ideas so Attorney Rankings has compiled a list of link building strategies that have been proven effective. When building links...more

Lawyers, Are You Guilty of Committing Random Acts of Content?

There is more to content marketing than meets the keyboard. Content marketing, which includes strategy, creation and distribution, is part of carefully thought out marketing and business development strategy. You need to take...more

Lawyers: Client Names In Pitches…To List or Not To List?

It is a natural tendency to want to show your past work when pitching new clients. As you know, this is dicey in some jurisdictions. Some don’t allow you to use past results as a predictor of future success, so the way you...more

A tongue-in-cheek recollection of LMA’s first 20 years.

A light-hearted recollection of LMA’s first 20 years. The Legal Marketing Association is celebrating its 30th anniversary, an amazing accomplishment. ...more

Super Inspire Me!

I had the great fortune to attend the recent FUSE conference held in Chicago for design and branding professionals, and see Oscar-nominated documentary filmmaker Morgan Spurlock speak. ...more

Lawyers in the Problem-Spotting Business

During the 2015 Legal Marketing Association Annual Conference, keynote speaker Daniel Pink discussed many themes related to the role sales plays in the lawyer-client relationship. For decades, lawyers have pushed back...more

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