August 2009 Archives

August 24, 2009

Employment Law Updates: August, 2009

For your reference: a reading list of recent Employment Law articles and alerts posted on JD Supra.

Written by leading lawyers and law firms, these documents cover timely issues in the area of labor and employment law, including employee rights, workplace privacy, the Family Medical Leave Act, online networking policy, H1N1/swine flu considerations, and more:

For additional articles and updates, stay in touch via one of JD Supra's distribution channels: Labor & Employment Law (Law Center) | Labor & Employment Law (Facebook) | Labor Law Alerts (Twitter) | Employment Law RSS Feed ...

Have work to add to the mix? Join JD Supra today: deliver your legal articles to a wide online audience.

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August 21, 2009

Social Transcripts: Snapshots of the Twitter Stream on Facebook

Earlier this week we launched a new Facebook application, Social Transcripts, that allows anyone to create a Twitter transcript on any subject and publish it on Facebook.

The application publishes related tweets in a Facebook tab titled "Transcripts" - and pushes out the transcript as a note to fans or friends once a day.

We like this additional note feature. It allows anyone engaging and building an audience on Facebook (page fans or profile friends) to push into their stream a daily snapshot of the Twitter conversation on any subject of interest. Additional content, additional context.

For example, here is a partial screenshot of our Law Practice News Facebook page, streaming tweets mentioning ILTA and ILTA09 - a transcript that will run through the entire conference:

Each day, the entire transcript will also be served as a note to our Law Practice connections/readers (become a fan to follow along).

Here is a screenshot of a note monitoring "Chinese Drywall" that went out recently to Facebook readers of our Construction Law page:

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Anyone can build a Social Transcript on any subject - whatever your interests (and the interests of your Facebook connections) happen to be.

For example, Lance Godard uses the app to stream all 22Tweets mentions to his Facebook audience. Yesterday, after his Twitter interview with attorney Jean Tien, the entire conversation was immediately available on the 22 Tweets Facebook page - pushed out later in the day as a note.

(We're monitoring usage and adoption - and will feature pages using the app on the Social Transcripts page itself. Become a fan to stay in touch.)

As many of you know, we've been building applications that connect JD Supra and the legal community to the terrific Facebook platform - expect an update on all of our efforts soon. This particular app came about in response to one of those "Wouldn't it be cool if..." conversations, and so we built it.

We imagine Social Transcripts is a terrific way for conference hosts, attendees, and speakers to capture a snapshot of all conference tweets for the day and share with a Facebook audience - but we also see limitless possibilities for this app.

Anyone can build Twitter transcripts of events of all types, product launches, trending topics, brand conversations, news on the ground - you name it - and share them on Facebook.

How will you build Social Transcripts? Let us know.

(Thanks much to Chris Brogan for the Twitter shout-out when we launched the app.)

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Looking for help with your Facebook presence? Contact us - we're happy to be of service.

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Related:

- You Should Be on Facebook. Here's Why (and How)

- Lawyers and Law Firms on Facebook

- JD Supra on Facebook

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August 20, 2009

Lawyers and Legal Professionals on JD Supra: Featured Contributors

Here's a look at some of the latest lawyers and law firms publishing their work on JD Supra. We're thrilled to welcome them to the site: 

 

complinet

 

Raffy Boulgourjian

Complinet, a leading provider of connected risk and compliance information to the global financial services industry.

Featured doc: The Future of Credit Derivatives Regulation

Practicing Real Estate and Business Litigation in Glendale, California, Raffy Boulgourjian also provides foreclosure defense to homeowners (loan modifications, short sales, deeds in lieu of foreclosure, lender fraud). 

Featured doc: The Top Seven Myths about Loan Modifications

 Sacramento County Public Law Library

The Sacramento County Public Law Library - serving many local attorneys, and assisting self-represented litigants navigate through the legal process with samples, forms, and self-help books.    

Featured doc: Adoption Agreement - CA (Template)

Robert Vantress

Robert Vantress is a business lawyer and seasoned trial lawyer. He helps clients prevent, resolve, win and fund litigation, including arbitration or trial if necessary.

Featured doc: Advice to Management Employees Departing to Form New Companies

 LexThink

LexThink (by Matt Homann) delivers meaningful, practice-changing ideas to lawyers, law firms and the businesses who server them through "innovational" speaking, coaching, retreats, and events.

Featured doc: Ten Rules of Legal Marketing

Meaghan Olson

Manager for Total Attorneys, Meaghan Olson writes for their bankruptcy information Web site, Total Bankruptcy.

Featured doc: As Recession Wears on, More People Filing Bankruptcy

 Robert King

Robert King of Legally Nanny assists household employers in hiring nannies, elder care providers and other employees legally; drafts employment, confidentiality and severance agreements; and resolves and defends disputes involving household employees or government agencies.

Featured doc: Hiring Your Household Employee "Under The Table" May Cost More Than You Think

 Cari Rincker

Partner at Rincker Law PLLC in New York, Cari Rincker specializes in agriculture and environmental law.

Featured doc: The State of the World's Animal Genetic Resources for Food and Agriculture

 William Young

William Young Jr. practices securities litigation including claims for stockbroker negligence, misrepresentation, and securities fraud in Orlando, Florida.

Featured doc: Variable Annuities Are Not Elder Friendly

 Edwin Reeser

Former Managing Partner at Sonnenschein Nath & Rosenthal, Edwin Reeser specializes in structuring, negotiating, and documenting complex real estate and business transactions for international and domestic corporations and individuals, including types of entity and venture vehicles.

Featured doc: The Keys to Handling BigLaw Firm Tenants Have Changed

 Nizar Sdiri

Expert in both Tunisian and Arabic laws, including the Arab system of human rights and national laws in the Arab countries, Nizar Sdiri practices law in Tunis, Tunisia.

Featured doc: CONTRATTO DI COMMODAT

 Taylor Young

Dedicated to helping trial lawyers in appellate matters, Taylor Young provides lawyers and firms a range of services from simple ghostwriting to full service appellate representation, which includes a thorough review of the record, in-depth legal research, writing briefs, and persuasive oral argument.

Featured doc: Clark v. Campbell, Opinion (Az. App. 2008)

Benicia Livorsi

Benicia Livorsi handles family law cases from the simple non-contested matters to the most complex financial matters and heart-wrenching custody battles. Her multi-attorney Missouri law firm handles cases from the start through the appellate process.

Featured doc: Notice of Appeal for Missouri State Courts

 

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What about you? Are you looking for an effective way to showcase expertise and connect with new clients, colleagues, and the media?

Join JD Supra. Create a professional profile and start posting your legal work online!

 

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August 16, 2009

Lawyerist

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August 7, 2009

SEO Writing for Search Visibility: An Introduction

Recently I read through Brian Clark's SEO Copywriting 2.0 tutorial and found it rich with useful advice. Clark publishes Copyblogger, an impressive online resource that lives up to its tagline: "copywriting tips for online marketing success."

I recommend reading the tutorial in its entirety when you have a chance (five "chapters" each with a specific focus). The whole goes deeper than my quoting from it here. In the meantime, here are a few standalone points.

Consider this advice as you choose titles and summaries for the documents you post to JD Supra - and, of course, as your write the documents themselves:

Highlighted quotes: Copyblogger's SEO Copywriting 2.0 

- From How to Create Content That Ranks Well in Search Engines:

... keywords still matter, especially in titles. Search engines generally prefer to key in on the words people are looking for. But as SEO pro Rand Fishkin will tell you, “measurements like keyword density are useless, although general frequency can help rankings.”

... what determines the ranking position of any particular page is due to what happens off the page, in the form of links from other sites. 

... any true SEO copywriter is simply a writer who has a knack for tuning in to the needs and desires of the target audience.

... emotional forces that prompt us to buy can also cause us to link, bookmark, and Digg. The context is different, as are the nuances, but it’s still a matter of providing compelling benefits in the form of content.

... “Ask yourself what creates value for your users,” sayeth Google.

 

- From How to Create Cornerstone Content That Google Loves

... a cornerstone is something that is basic, essential, indispensable, and the chief foundation upon which something is constructed or developed. It’s what people need to know to make use of your website [or] do business with you.

... the title tag is a headline. You want to speak back to the prospective reader in their own chosen words. Plus, you want to wrap those words in a compelling headline structure that promises to answer the exact question the searcher is asking with the query.

... writing the perfect headline makes it more likely that someone will simply use your title to link back to you.

... develop an awesome multi-part tutorial. Write an inspirational manifesto. Answer the question so much better and comprehensively than the competition does, and chances are better that your effort becomes worth linking to.

... search engines favor websites that have a lot of relevant, frequently-updated content, and they also like a lot of general link authority.

- From The 5 Essential Elements of Search Engine Keyword Research

... Keyword research is cool. It allows you to gaze directly into people’s minds.

... armed with keyword intelligence that’s relevant to your niche, you have the unique ability to create highly-relevant content that aids your site visitors [readers] and enhances your credibility. You’re speaking the language of the audience after all, and satisfying their needs.

... View the data as free or low-cost market research and you’ll have the proper mindset to formulate a content strategy that has a shot at ranking well. People need to like your content before Google will.

... “Keyword” is the term that gets tossed around, but what you’re really after in most cases are keyword phrases. For example, a real estate attorney in Austin, Texas would gain very little actual benefit from ranking highly for the single word “attorney” (and good luck anyway), but specific keyword phrases based on geography and specialty would yield highly targeted traffic (“Austin real estate lawyer”).

... If you are trying to rank in a very competitive sector, aim for something attainable first, or make sure that a certain keyword combination can rank for an easier phrase if the more competitive term ends up out of reach.

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So much more in the whole SEO Copywriting Tutorial, recommended reading when you get a chance.

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Related

- SEO Tips for Optimizing JD Supra Profiles

- 7 Ways to Enhance Search Visibility with JD Supra 

5 Articles on Search, SEO, and Content Marketing

 Do you rank well in search? Increase your online exposure, join JD Supra now.

...

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August 7, 2009

JD Supra Badges: Promote Your Profile and Portfolio of Work

Badges are now available to promote your JD Supra profile and/or portfolio of publications around the Web.

You've no doubt seen badges on websites, blogs, email signatures (among other places) linking to Twitter, LinkedIn, Facebook and all the rest. Now include your JD Supra presence on the list. It's one more opportunity to proudly steer people to the repository of professional credentials and written work that truly showcases your legal expertise.

Grab Your JD Supra Badge in 3 Easy Steps

1. Log in to your JD Supra account (which takes you to "Manage My Account").

2. If you're not automatically directed to the Badges pages, click on "Get Badge" - the first link in a left-hand list titled "Syndicate Yourself."

3. Select among the styles for Profile, Portfolio, or Documents badges. Copy the html. Paste to your website, blog, email sig, or elsewhere.

If you're having trouble installing the code, send us a note or ask your own technical support/web provider for assistance.

Aviva Cuyler, JD Supra's founder, has a portfolio of work on the site. For the fun of it I thought I'd list all of her badges here to show you the range available. Enjoy!

 

View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager
View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager
View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager
View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager View Aviva Cuyler, Founder & Co-Manager

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Badges. Reason #653 why it's a good idea to start a portfolio on JD Supra. Join today: start a profile and post your legal publications. Showcase your expertise widely online.

...

Related:

- Stream your legal publications and info from JD Supra to Facebook

- Expand your online reach with JD Supra RSS and Widgets

- Your legal work streamed by subject to Twitter

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August 4, 2009

ABA Passes Resolution Opposing BAPCPA "Debt Relief Agency" Provisions

[Guest post by JD Supra contributor Robert Richards, regarding the recent Resolution by the ABA House of Delegates, co-drafted by another JD Supra member, bankruptcy attorney Marc Stern]

Today the ABA House of Delegates unanimously approved a resolution opposing the speech restrictions and advertising requirements imposed by the "debt relief agency" provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). JD Supra contributor Marc S. Stern chaired the working group of the Joint Ad-Hoc Committee on Bankruptcy Courts and Structure that drafted the resolution.

The resolution, submitted by Francis J. Brady, President of the Connecticut Bar Association  and Robert A. Zupkus, Chair of the ABA General Practice, Solo and Small Firm Division, sets a policy enabling the ABA to take action in the courts and in Congress respecting the provisions.

As an initial matter, the resolution provides a policy basis for an amicus brief that the ABA plans to submit in the case of Milavetz, Gallop & Milavetz, P. A. v. United States, No. 08-1119 & 1225 (see the ABA Journal article on the case, with related links, here), which the U.S. Supreme Court will hear in the October 2009 term. In addition, the resolution lends weight to the ABA’s ongoing legislative efforts to persuade Congress to amend or repeal the provisions.

At the core of the controversy is BAPCPA’s extremely broad definition of "debt relief agency," 11 U.S.C. section 101 (12A), which has been held to apply to lawyers. ABA members have identified as problematic four aspects of the Act’s "debt relief agency" provisions, many of which are codified in sections 101 and 526-528 of the Bankruptcy Code.

First, section 526(a)(4) imposes controversial speech restrictions on lawyers involved in consumer bankruptcy matters, restrictions that arguably interfere with the attorney-client relationship and violate lawyers’ First Amendment right to free speech. That provision effectively bars a lawyer from advising a client to "incur more debt in contemplation of" filing a bankruptcy petition, even if the incurrence of such debt is legal and prudent. In Milavetz, the petitioner seeks to challenge section 526(a)(4) on these grounds, among others.

Second, section 528, requiring a lawyer involved in a consumer bankruptcy matter to identify him- or herself in advertising as "a debt relief agency" that "help[s] people file for bankruptcy relief under the Bankruptcy Code" would compel many lawyers, notably those who represent creditors, to misrepresent their practices.

Finally, the BAPCPA "debt relief agency" provisions regulate attorney conduct -- and empower entities including the U.S. Trustee and state law enforcement offices to enforce those regulations -- in ways that are inconsistent with the traditional regulation of the bar by state courts.

According to Marc S. Stern, the resolution "refines and clarifies ABA’s longstanding policy on this issue, so as to enable the ABA to file a persuasive amicus brief in Milavetz." Stern also observed that the resolution underscored the ABA’s role as a national organization of attorneys.

"So often people ask me," said Stern, "what the purpose of the ABA is today. Why are we here? This [resolution] is a perfect example of why we need a national association that can articulate the views of lawyers across the country on a major policy issue that directly affects our practices." Among those primarily involved in the resolution process, Stern highlighted the contributions of Francis J. Brady and the Connecticut Bar Association, Lisa Hill Fenning of Dewey & LeBoef, and R. Larson Frisby, ABA’s Senior Legislative Counsel. For more information, see the full text of the resolution, or contact Marc S. Stern.

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Related:

- American Bar Association - Resolution by House of Delegates: Opposition to the Bankruptcy Abuse Prevention and Consumer Protection Act, P .L. 109-8 ("BAPCPA") (full copy of text)

- JD Supra: Bankruptcy Law Center | Bankruptcy Law on Facebook | Bankruptcy Law News on Twitter

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August 3, 2009

Scott Wolfe Jr v Louisiana Attorney Disciplinary Board: Order Granting Motions for Summary Judgment in part

Congratulations to JD Supra contributor Scott Wolfe of Wolfe Law Group on today's order granting, in part, a Motion for Summary Judgment in his constitutional challenge to Louisiana's new lawyer advertising rules.

Of note: the Court held that the Internet is a unique form of communication and it was inappropriate for the LSBA simply to apply the same rules to this medium.

However, today's decision also included a number of other findings that are bound to be interesting to anyone following the ever-changing landscape of lawyer advertising. Some highlights:

  • References or testimonials to past results can be inherently misleading - even if truthful - and thus can be prohibited. The Court based this conclusion on LSBA survey results in which 72% of LSBA members agreed with the statement that "client testimonials imply that the endorsed attorney can obtain a positive result without regard to the facts or law." (The Court noted that  the Rules do not prohibit "truthful testimonials" that do not reference results obtained.)
  • Communications that promise results are inherently misleading and are properly regulated.
  • Portrayal of a judge or jury in an ad is inherently misleading - and thus appropriately regulated. 59% of the public surveyed felt that these advertisements implied that Louisiana courts can be manipulated by the lawyers in the ads!  The Court characterized these types of ads as "compellingly misleading."
  • The public finds lawyer advertising that uses disclaimers to be less truthful and more misleading than advertising that does not. The perception seemed to be that lawyers should not say anything that requires a disclaimer in the first place. The Court nevertheless held that the requirement that lawyers include disclaimers in ads that include non-authentic portrayals of clients or spokespeople served a sufficient interest in preventing deception.
  • Regardless of whether they are "authentic" and thereby do not require a disclaimer under the rules, the public and LSBA members have less confidence in the integrity of lawyers that use advertisements that include scenes of accidents or accident victims. 
  • Since 62% of the public are not persuaded by celebrity endorsements that a lawyer has greater influence on the court than other lawyers, the requirement of a disclosure did not materially advance the State's interest and was therefore unconstitutional.
  • The State has a sufficient interest, advanced by prohibiting mottos or trade names that imply an ability to get results. This was based in part on the fact that 56% of the surveyed public believed that lawyer advertising is less truthful than advertising for other businesses.
  • And again, last but certainly not least, the Court held that the Internet is a unique form of communication and it was inappropriate for the LSBA to simply apply the same rules to this medium. 

What do you think? Please share your thoughts regarding the decision with us here. Leave a comment. We'd love to hear your view.

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- Wolfe Law Group and Blog No Evil on JD Supra

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August 3, 2009

SEO Tips for Optimizing JD Supra Profiles

[A guest post by JD Supra friend, frequent SEO consultant, and all-around nice guy Steve Matthews. Steve is founder of Stem Legal, a company that helps law firms build online profile to increase web-driven business.]

SEO Tips for Optimizing JD Supra Profiles - by Steve Matthews

One of the best ways to achieve higher rankings within the search engines is to create a network of inbound links that are trusted and aligned with your service offerings. Most contributors understand how JD Supra helps to simplify the marketing of publications and work product, but the site also plays an important role in helping to diversify your underlying link network.

The hub of any lawyer’s presence on JD Supra is their profile page. From a search marketing perspective, contributors should be concerned with two objectives. First, that their profile is constructed in a way that supports keyword targets for their core areas of practice and geographical targets. And second, that they create link structures that connect in both directions between their JD Supra profile page and their other web properties.

How can you do that? Here are some tips to get you started:

1. Know the Search Terms People Use

One of the basic elements of any law firm SEO program is to understand what people search for. The starting point I recommend for most is the Google Keyword research tool which can show the volume of searches conducted each month and, just as important, the keyword order people type most frequently into the search engines. I also recommend that firms create a master spreadsheet to identify and track their ongoing search targets. It adds structure to the process, and makes setting web-marketing priorities much easier.

2. Describe Your Practice or Organization

The Practice/Organization Description is one of the most important elements of your JD Supra profile. In terms of length, I would suggest between three and five paragraphs of text. Maybe six. Once you know the keyword search order of your target phrases, I would recommend embedding a few target phrases into your practice description, but with a note of caution.  Including a target phrase once and without altering marketing copy can help build subject relevance. Including the same phrase repeatedly not only looks spammy, but it won’t help connect with the reader, and can actually hurt your optimization efforts.  Simply put: don’t do it.

3. Link In to Your JD Supra Profile

Like other elements of your firm’s web presence, creating link connectivity is key. Wherever possible, build your JD Supra profile into the link structure of your web network. If you’re a solo practitioner, use JD Supra widgets to display your personal document collection. If you’re a blogger, post a small announcement when you release/add a new document. And if you’re marketing a Practice Group or the larger firm, try aggregating documents from like-minded lawyers into substantive collections that reflect well on the firm’s expertise.

4. Create a ‘Full’ Profile

Be sure to make your JD Supra profile as complete as possible, and not to leave fields blank. Mark off all of the Areas of Practice your firm works in, and identify all the locations your firm serves. Search engines are looking to establish topical and geographic relevance between linking pages; so using these features to embed relevant text into your JD Supra profile will help by establishing that common keyword context. For example, it’s valuable to have both your firm website and JD Supra profile pages reference ‘Chicago, Illinois’ if that’s the city in which you practice.

5. Expand Your Document Collection

Every document you post to JD Supra means a larger link network behind your profile. Increased link connections not only support higher rankings for your profile page, but will also pass along that link value to firm websites outside of JD Supra. Consider embedding links within your firm’s MS Word or PDF submissions back to the firm website, practice pages, and lawyer author profiles. Every document added means an expanded digital footprint; which can help expose and support a firm’s entire network of web properties. It also helps your submissions rank better for internal JD Supra searches!

[Editors' note: without doubt one of the easiest ways to optimize for search. Post your work regularly. Many active JD Supra contributors achieve excellent search page ranks for their profiles because of the steady flow of incoming documents.]

6. Protect Your Firm Identity

When someone searches your firm’s name, what do they find? Even firms with solid web marketing programs will normally only control a couple entries on the first page of their search results. One of the advantages of a JD Supra profile that some lawyers might not consider, is that it provides an additional firm-controlled website that appears in those results. In good times, it provides additional context about the firm’s services. And in times of trouble when a negative profile event occurs, the firm has an additional web-asset providing protection for searches on the firm name. With any luck, an asset that helps push that unflattering newspaper story off of page-one.

7. Go Premium

JD Supra is a great open platform for sharing legal document collections, but they’re also a business. A business that includes providing increased exposure for premium account holders. Going premium helps your firm’s SEO marketing by including profile links back to your firm’s websites. It also means the JD Supra team actively works to create exposure for both your profile page and your content.

*Full disclosure: I’ve worked with JD Supra since their beginning, but I give my word on this one as an SEO: it’s money well spent.
 

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Related:

- 7 Ways to Increase Your Search Visibility with JD Supra

- Safeguard Your Brand with Search

- 5 Articles on Search, SEO, and Content Marketing

- Steve Matthews and Stem Legal: Law Firm SEO Service

 

Do you rank well in search? Increase your Google footprint, join JD Supra now.


 

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