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e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
May 28, 2009
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.
Social Media Policies
May 28, 2009
Being engaged in social networks has enormous value for your firm. Achieving those benefits, however, requires participation by members of your firm. Best practices can be applied firm-wide that help achieve your business goals and protect the firm. For starters, that means understanding the legal ramifications of online engagement and the fuzzier, but no less important, implications of the use of the virtual microphone or TV station to enhance your firm's reputation. The first thing you must do is create a social media policy ' or modify an existing policy that is free and available for you to borrow.
Emerging Issues in D&O Liability Insurance
May 28, 2009
Due to recent statutes and case law increasing directors' and officers' duties and exposure to potential liability, demand for D&O insurance has increased rapidly in recent years. This increase in demand has led to a significant rise in coverage litigation to define and interpret the language of existing policies. This article discusses a few emerging issues that can arise under D&O policies, and how they can impact policyholders.
Ruling Against Contextual Ads Helps to Codify Trademark Use in Commerce
May 28, 2009
While contextual advertising is well accepted in bricks-and-mortar businesses and in traditional publications, it is controversial on the Internet. Courts have not worked out whether (and if so, how) an advertiser may use a competitor's trademark to trigger banner ads or sponsored links displayed along with search results.
'Hold the Arbitration Clause, Hold the Attorney Fees!'
May 28, 2009
Most contracts are the result of a give-and-take negotiation, as each side tries to have it its own way. Bricks-and-mortar businesses, for example, will often try to negotiate virtually every clause of every contract, or at least those worth the cost of the negotiation. the only persons who don't get to negotiate each clause, generally, are consumers and small-business customers ' and e-commerce buyers.
Burns & Levinson Find Ease and Efficiency with Esquire Innovations
May 28, 2009
As part of the network upgrade, it was very clear that we needed a macro/template package to assist us in both creating a consistent branding and in creating stable, functional documents.
Social Networking And Legal OnRamp
May 28, 2009
True to all the hype, social networking tools are posed to be the next stage in the evolution of effective client communication. You've been under a rock if you haven't been confronted by the buzz about MySpace, Facebook, Twitter or LinkedIn. These are the most popular online social networking communities, but none of them are specifically targeted to the legal profession (unless your clients enjoy gaudy, blinking Web pages or virtual flowerpots).
Movers & Shakers
May 28, 2009
Who's doing what; who's going where.
Technology in Marketing: Where to Invest Your Marketing Technology Dollars
May 28, 2009
Law firms have realized that using technology ' particularly the Internet ' is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm's resources to get the most bang for the buck?
Professional Development: Teaching Others to Deliver
May 28, 2009
On the topic of leadership, Albert Schweitzer stated, "Example is leadership" and observed that "Example is not the main thing in influencing others. It is the only thing." We learn optimally by observing best practices and adapting these as our own. Client service is one such practice that is furthered by example. Here are seven project management insights that demonstrate how senior practitioners, leading by example, can teach junior attorneys how to focus on their client deliverables.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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