What the Obama Campaign Can Teach Us About Marketing
January 15, 2009
If, as a marketer, you've ever been involved in a political campaign, then you know that a political campaign is simply another form of marketing. An analysis of the first Clinton campaign for the presidency, with James Carville's core message of '<I>It's the economy, stupid</I>,' made that point very clearly. It was a classic case of <I>positioning</I>. But even that battle was merely a prelude to the campaign that elected Barack Obama ' which was, as well, an inspiring use of positioning.
CLOSING THE DEAL
January 06, 2009
CLOSING THE DEAL A very happy new year to you all. Legal marketing is going through its typical first of the year cycle where clients and prospects are playing the "budget" card. But the economy is not the only factor you should consider when converting an opportunity to close more business. Hesitation might also occur on behalf of in-house counsel or public agency executives due to the pressures of bureaucracy. Who else needs to approve the engagement?…
Networking and e-Commerce: Get To It and Stay at It
December 29, 2008
Especially for e-commerce attorneys ' who have quickly adapted to doing all of their business chained to a computer monitor ' in-person networking is becoming a lost art. Even if you may very well be doing the right thing in attending networking events, you may not be doing the thing right well.
Losing My e-Mail
December 29, 2008
In today's BlackBerry-driven, online business world, losing one's e-mail ' and access to other online forms of communication ' has to be worse than REM's fear of losing one's religion. Yet that is just the fate that may await our next President, who has already publicly confessed (on national television, no less, though you can certainly find the story on the Internet) his steadfast inability to shake his smoking addiction under the stress of a Presidential campaign.
Auto Dealer Can Bring 'Bad Faith'
December 29, 2008
An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."
Attorneys' Fees Awards: No License to Pickpocket
December 29, 2008
It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.
Online Promotion of FDA-Regulated Products
December 22, 2008
One area that continues to surface is the use of chat rooms, blogs, and other venues by which users of the Web site, whether the company's or a third-party site supported by the FDA-regulated company, can exchange experiences about medical treatments, comment on the company or competitor's products, or otherwise share information. Some companies may provide such forums on their own Web sites to amass the information for market research or generate goodwill. Other companies may engage a third-party site to control the dissemination of information and even disclaim responsibility for the content by giving an unrestricted grant and allowing the third party to run and control the information posted on the Web site.
Web 2.0: Don't Miss The Big Picture
December 22, 2008
Web 2.0 is more than merely an upgrade of Web 1.0; rather, it is an evolutionary step toward a major change to the practice of law ' and the end of the bricks-and-mortar world of law firms as we know them today.
