Conference/Webinar Session Re-caps

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Yesterday, we talked about the first half of Jim Kane’s keynote presentation at the 2012 Legal Marketing Association’s Annual Conference. Now, let’s jump into the second part!

The Stages of Love

After discussing the various levels of relationships, Jim moved on to talk about the stages of love – the first stage is attraction, which is contextual and about recognizing something familiar in the other person. We desire what is familiar and what we aspire to. In the legal industry, this is known as “marketing.” Our job as marketers is to understand what attraction is for our various audiences – in particular, to understand that one size doesn’t fit all.

The second stage of love is passion – every new relationship needs something different than the existing relationships – they need to feel passion. Though Jim cautioned “Don’t bring technology into a relationship too soon – it makes you appear creepy."

Continue Reading LMA2012 – Finding our Inspiration, Part II

Every year, one of the primary reasons that marketers give for attending the LMA’s Annual Conference is the sense of inspiration that they come back to the office with after the conference is over. Meeting with like-minded people, dealing with the same pressures that we all have, and finding creative solutions to meet the challenges of our clients is a surefire recipe for returning to the office with more than one good idea to implement.

As with any conference, some of the sessions will be inspiring, others will be necessary, and still others will be lacking a little something. This year, we were lucky to start out with a bang, first hearing from the LMA’s Executive Director, Betsi Roach, followed by LMA President Alycia Sutor. And the real kickoff to the conference started with James Kane’s keynote speech.

Before I get into their comments, I will say that I’m coming a bit late to the game here on the re-caps. A few people have already shared their comments about the sessions, and I’m working a bit out of order. But since I’m never one to keep my own experiences to myself, I’m hoping you’ll find value in my re-cap as well.


Continue Reading LMA2012 – Finding our Inspiration, Part I

Following introductory comments from Alishan Naqvee, comments on the FCPA from Stuart Gerson and the UK Bribery Act from Charles Wander, the group discussed their thoughts on anti-corruption legislation in their own countries. The discussion was quite lengthy, so I’ve broken it up into multiple posts.

Sueli Avellar Fonseca began with comments about Brazil, which she noted is rated highly on the corruption scale. She said that all the public departments and politicians engage in corruption. The government had created a commission to investigate the existence of corruption and their conclusion was that there is no evidence. Despite this, over the last eight years of the current government, they have made approximately 20 commissions and these commissions are all paid duties to vote in favor of the government. 

Stuart commented that this is why a country like Brazil presents huge problems for outside companies doing business there.  Sueli agreed and said that the UK and US authorities don’t care that it’s customary in Brazil to take bribes.  She said that it’s not the government receivers of the bribes who will turn you in, but your competitors. So there is risk.Continue Reading Corporate Breakout Session – Anti-Corruption Laws – Around the World Part I

So far, we’ve re-capped Alishan Naqvee’s introduction to anti-corruption laws, and Stuart Gerson’s comments on the US’s Foreign Corrupt Practices Act.  Following Stuart’s presentation, the group heard from Charles Wander of Fladgate LLP, who spoke about the new UK Bribery Act.

Charles began by saying that he would give a brief overview of what’s coming on July 1, 2011 in the UK.  As he had mentioned during an earlier session, the firm has been doing some work on this with their clients, trying to understand what the issues might be.  As Stuart had said, this is going to be applied on a worldwide basis, so it will be applied to anyone with any kind of tenuous connection with the UK.  

The UK was not without anti-bribery legislation – through the end of June they would have a piece of legislation dating back to the 19th century. It was ultimately felt that this didn’t have sufficient teeth.  The UK was criticized in 1997 by the OECD when the incoming Labour administration discontinued an investigation into alleged bribery by British Aerospace, as part of the Al Yamamah contracts in Saudi Arabia.  This was heavily criticized as being a decision made for political reasons.Continue Reading Corporate Breakout Session – Anti-Corruption Laws – UK Bribery Act

Yesterday, I shared with you this post re-capping Alishan Naqvee’s introduction to the topic of anti-corruption at our 2011 Annual Meeting.  To follow up on that, we’ll review Stuart Gerson’s (Epstein Becker & Green) comments during the session regarding the Foreign Corrupt Practices Act (FCPA) and its implications for those in the room.  

Stuart provided the attendees with both an article he and a colleague authored on the FCPA, and an overview that their healthcare group had developed.  Stuart said that as Alishan had mentioned, both the FCPA and the new UK Anti-Bribery law are extraterritorial – but not only are they applied overseas throughout the world, but they are also applied against non-US citizens, as long as the commerce that they’re supporting is in the stream of interstate commerce within the US.

So non-US citizens who have never stepped food in the US are subject to the FCPA, which is a criminal statute that has long jail sentences associated with it.  Additionally, they have fines up to $2 million per offense – and an offense is an individual act, so there could be a long series of them that results in the fines adding up to immense sums.  And this is applicable all around the world.Continue Reading Corporate Breakout Session – Anti-Corruption Laws – the FCPA

During our  2011 Annual Meeting in Lisbon, we had specialty group breakout sessions – and lucky for you, our corporate session was recorded! The group had a roundtable discussion dedicated to the topic of "Anti-Corruption Laws and Navigating Client Businesses in Foreign Territories," which was moderated by Alishan Naqvee of LexCounsel Lawyers in India.

Alishan began with some slides to aid the discussion, saying that there is an organization in Japan called Control Risks, who conducted a survey of about 50 companies in Brazil, France, Germany, Hong Kong, the Netherlands, the UK and the US.  All of them said that corruption is a major cost for international business, and at the same time, an increasing number of companies in the world, while they are not absolutely aware of the anti-corruption laws in their jurisdictions, most of their business is governed by them, even when doing business in other jurisdictions.

However, corruption brings a very different dimension in cross-border investments, because the country from where the investee is investing and the country where the investment is being made may be governed by separate parameters and laws.  These could be domestic, but at the same time, there could be laws from the country where the investment is being made.Continue Reading Corporate Breakout Session – A Re-Cap

We kicked off the Saturday morning session with a presentation from Mr. Norman Zivin of one of the ILN’s member firms in New York, Cooper & Dunham, who reported on their recent involvement in a Supreme Court case and the implications for ILN member firms, both in the US and abroad.

Norman said that the case involved a deep fryer, a product made by their client, SEB, a French company in Lyon.  A number of years ago, they brought a lawsuit against a company in Hong Kong for infringement of the patent.  The opposing side defended on the grounds that they couldn’t have infringed the patent because the products were made and sold in China. They said that therefore, they don’t do any business in the United States and couldn’t have induced anyone to infringe, because they didn’t even know that SEB had a patent.

The case was tried three or four years ago, before a jury. Norman commented that the reason that a lot of foreign companies bring cases to the US is that juries in the US tend to grant much higher damages than one would get in a case in Europe or Asia.  The jury took about 15 minutes to deliberate and came back with a judgement of $5 million in favor of their client. The case went up on appeal, and the decision was affirmed, so everyone thought the case was over.Continue Reading Actual Knowledge Necessary for Inducement, Mr. Norman Zivin, Cooper & Dunham

During our 2011 23rd Annual Meeting, we were fortunate to welcome the Secretary of State for Presidency of the Council of Ministers, Mr. Joao Tiago Silveira, as our speaker.  His topic, "Modernization of the States and of the Administration," covered the Portuguese government’s efforts to streamline their services by putting them online and making them more efficient.

Mr. Silveira began by welcoming the delegates to Portugal, and sharing his pleasure at speaking to the group about cutting red tape and the achievements that the Portuguese government has had. He said that they’re pushing forward a strong policy around cutting red tape, mainly by using two plans – the Simplex plan, a plan directly linked to reducing bureaucracy, and the Technological plan, which is a plan for using the internet and new technologies.

The government identified three clears goals for these two programs: 

  1. To eliminate and simplify the acts and procedures, mainly in registration offices. In Portugal, civil registration, company registration, industrial property trademarks and patents, land registration and car registration are dependent on the Ministry of Justice.  So one of the government’s goals is to simplify the procedures in this field.
     
  2. To de-materialize by using the internet and electronic procedures in the registration sector.  The government now uses e-filing, the internet and new technologies to achieve faster and more cost-effective registrations.
     
  3. To de-materialize judicial acts and procedures before the courts. This also incorporates the use of the internet and electronic solutions to allow lawyers and people to get more access to the courts, as well as reducing costs and saving time.

Continue Reading Modernization of the States and of the Administration – Mr. Joao Tiago Silveira

 We’re here in Portugal, and the ILN’s 23rd Annual Meeting is underway – we had a wonderful welcome reception and dinner last night and a very informative business session this morning.  Here’s a few photos for your viewing pleasure from the meeting!

 

Our Chairman and Executive Director chat before the meeting starts

We welcomed…

Although I did attend a morning session on Wednesday on client retention, it ended up being a bit of a vendor commercial – and not for something I felt I wanted to endorse on Zen. So instead, we’re jumping right ahead to Maximized Marketing: Budget Boundaries and Successful Strategies for Small to Mid-Sized firms.

The session was a bit introductory, but with over half the room saying that they were new to legal marketing, it made sense. Plus, it was a good refresher for the rest of us, and great to hear what a Managing Partner had to add to the session.

The session included Marguerite Downey, Director of Communications & Client Services for Adduci Mastriani & Schaumberg LLP and Patricia A. Harris, Esq., Managing Partner for Zetlin & De Chiara LLP.

Not only was most of the room new to legal marketing, but the majority of the audience also served as the sole marketer at their firm.  Although this can present difficulties, as the speakers pointed out, having a committee of one isn’t such a bad thing!  They also said that you can leverage limited resources efficiently with creative solutions at a smaller firm. 

Patricia introduced herself by saying that she has something in common with the marketers in the room – "No one wants us in their office." This got a laugh out of everyone before we jumped into their presentation.

Continue Reading Maximized Marketing: Budget Boundaries and Successful Strategies for Small to Mid-Sized Firms