JD Scoop

FYI: here's a quick look at the most-viewed roundups and legal reading lists on the JD Supra network this week>>

Small Business Support

1. XXX Domains: You Have Until Friday to Act (Really!)
2. Social Media Policies: Is Your Procrastination Putting Your Company at Risk?
3. Small Business Bankruptcy: Who Is Responsible for the Debt?
4. California Employment Laws: Governor Brown Goes to Town
5. Employee or Contractor? 5 Ways to (Legally) Tell the Difference

Corporate Law Report

1. The Cost of Employee Misclassification Just Went Up in California
2. SEC to Public Companies: Disclose Your Cyber Risks
3. Volcker Rule: First Look at the Proposed Regulation
4. Patent Reform: 5 Things You Should Know About... First-to-File
5. Dodd Frank Act: Executive Compensation, Corporate Governance, Enforcement, and More...

--
See additional trending roundups on @JDSupra. Enjoy your weekend!

For your reference, here are three recent articles to do with Content Marketing that are worth your attention. Each underscores in its own way the importance of creating and distributing valuable content as part of your law firm's marketing strategy.

I've highlighted some takeaways after the links - I suggest reading each post in full when you have the time:

1. 10 Tips for Better Content Marketing

Mikal Belicove's follow-up to his earlier piece (Why Content is King) in Entrepreneur magazine. You'll find solid tips listed here to do with diversifying your content, writing on evergreen topics, creating a calendar, curating your publications, and more. Here's one of Mikal's rules that can't be overstated:

"4. Distribution rules: If content is king, then distribution is the ace. Putting content in front of the right consumers -- and lots of them -- is key. Without traffic, your content is worthless. This means distributing your content using social channels such as Facebook and Twitter, aligning with the right content curators and securing links from relevant sites."

...

2. Three Things Marketers Can Learn From a Law Firm (Yes, a Law Firm) About Creating Awesome Content

Published by MarketingProfs earlier this week, a terrific profile of Chicago law firm Levenfield Pearlstein's content marketing efforts, with a particular emphasis on what the firm is doing with videos. Short answer: they're using videos to humanize their lawyers with behind-the-scenes vignettes:

"In one vignette, Steven Bright, a partner in the Banking & Finance Service and the Real Estate & Finance Practice groups, talks about what he was like as a child. In another, Lisa Vandesteeg, an associate in the firm's Litigation, Bankruptcy, and Restructuring and Insolvency Practice Groups, gives a tour of her office. Visitors sometimes tease her for her stockpile of diplomas and awards on the wall, Lisa says before she shows off her proudest professional accomplishment: Her trophy earned for spanking her colleagues in the firm's annual chili cookoff..."

The videos appear on lawyer profile pages on the firm's website. "'We saw these videos both as a way to differentiate who we are, and also to start the relationship off right,' Andrea said, adding, "They're a way to tell our story.'"

...

3. Content Marketing Strategies of the 7 Media Giants

Really, what you should do is simply connect to Joe Pulizzi's Content Marketing Institute (source of this third post) and read everything they publish; the site is a regular source of high quality writing on marketing with content. I chose this particular post for a number of reasons, not the least being the point that 'content' is by no means limited to text:

"The lesson to learn from the Big 7 and apply to your own content marketing efforts is to use every form of content (and every angle) you can to promote your product or service. In fact, the more ways you use content the better.."

A good reminder of the four basic types of content, most of which can be leveraged by lawyers and law firms. Quote:

Text:

• Online: blogs, micromessaging (e.g., Twitter), social networking sites (Facebook & Google+), your website.
• Offline: books, articles, reports, newsletters.

Audio:

• Online: podcasting, online radio, MP3s.
• Offline: CDs, MP3s.

Video:

• Online: YouTube, Vimeo, etc.
• Offline: DVDs, TV, movies, etc.

Speaking/Teaching:

• Online: webinars, teleconferences.
• Offline: seminars, interviews, etc.

...

As I put together this Friday reading list, I came across one more post on law firm content marketing, from writer Janet Ellen Raasch. Your bonus link - have a good weekend:

Content marketing and web analytics: The yin and yang of any successful law firm marketing campaign

--
@adrianlurssen

File under Friday fun: 10 videos to get you in the mood for the Hallowe'en weekend. Stay safe, have fun, and most importantly: if you have a surplus of Mike & Ikes or Snickers bars, we'll take 'em off your hands. [Speaking of which: freeze your Snickers bars before you eat them; trust us on that!]

In no particular order: Team JD Supra's Top 10 Halloween Vids

Scary on so many levels, Frankenstein by Edgar Winter Group:


..

Season of the Witch, by Donovan - great song, but we still can't tell if the accompanying video is a parable, allegory, vignette, cautionary tale, or early, low-budget version of The Name of the Rose. Either way, it's just weird enough to be fun:


...

Devil with a Blue Dress On - you know what's scary? The song pre-dates Monica. We like this amped up version:


...

Don't Fear the Reaper, by Blue Öyster Cult. Also, repeat after us, don't fear '70s rock, don't fear the umlaut, and especially don't fear the cowbell (sadly lacking in this version). We know, it's a nightmare:


..

Thriller, by Michael Jacskon. Helping us return to some semblance of a law-related site, here are the inmates of Cebu Provincial Detention and Rehabilitation Center, Cebu, Philippines, practicing their terrific moves to Michael:


..

Devil Went Down to Georgia, by The Charlie Daniels Band. Great, great tune, especially when heard performed live by the man himself. Scary to consider that they played it live for the CBS Early Show audience. Doesn't quite seem to fit. Still, a great version:


..

Friend of the Devil, by the Grateful Dead. Halloween be damned, we'll take every opportunity to share a Dead tune with anyone willing to listen. Here's Bob Dylan taking out the devil and his friend for a casual stroll:


..

You know what's scary? We might actually get through all ten tunes without having to include Kanye West's Monster - which is good, but on everyone's list. Right? Here's the late, great Gil Scott-Heron with Me and the Devil:

..

Fair enough, everyone puts Werewolves of London on their Halloween list, too. But how many people serve up the Flamin' Groovies version. You know what's actually scary? YouTube has one of everything:



..

Only thing scary about Stevie Wonder is how good the man is ... Superstition - enjoy:




..

So what's on your list? Leave a comment and a link.

Happy Halloween and we'll see you online...

For your reference, here's a quick look at three law news items drawing particular interest on the JD Supra network during this last week of October:

1. SEC Tells Public Companies: Disclose Your Cyber Risks

On October 13 the Securities and Exchange Commission's  Division of Corporate Finance directed public companies to disclose cybersecurity risks and incidents to investors. From law firm Morgan Lewis: "The SEC's guidance was spurred by its recognition that registrants have been relying more heavily on digital technologies for their operations, which results in increased risks to those operations due to cyber vulnerabilities. The SEC explained that cyber incidents, including cyber attacks and unintentional cyber events, can lead a registrant to incur substantial costs and suffer negative consequences..." Tech lawyer Glenn Manishin says: "It's about time..."

Read more in our Corporate Law roundup on the SEC Cyber Risks Disclosure>>

2. Time Is Running Out to Protect Your Brand Against XXX Domains

In fact, you have until this Friday (October 28), when the sunrise period for blocking .XXX domain use of your trademark ends. Sure, after Friday, you can still register or block use of your brand by a porn site, it'll just be harder to do. And did we mention: "The owner of a registered trademark who wishes to opt-out and prevent its trademarks from being registered as second-level .xxx domain names may do so by paying a one-time fee of about $250 - $350 to block each registered trademark from being used as a second-level domain" (from Winthrop & Weinstine). To which our friend Bruce Colwin of LegalMinds Magazine said on Facebook: "...seems like a bit of a predatory business model."

What's your plan? Read more about .XXX domains and the Friday deadline here>>

3. The Cost of Employee Misclassification in California...

...just went up, when Governer Jerry Brown signed SB 459 (called by some the 'Corbett Job Killer Act of 2011'), legislation designed to crack down on businesses incorrectly classify employees as independent contractors. From law firm Schnader: "the legislation imposes dramatic penalties on employers found to have engaged in 'willful misclassification' of workers as independent contractors, as well as on non-lawyer advisors who knowingly counsel to engage in such reclassification."

Read our recent roundup covering the new stakes for employee misclassification in California>>

 --

We're also seeing rising interest in legal commentary to do with the approval of final regulations in California cap-and-trade program. Read more on the topic:

- California Air Resources Board Approves Final Cap-and-Trade Regulations (Reed Smith)
- California Adopts Historic Cap-and-Trade Program for Greenhouse Gas Emissions (Morrison & Foerster LLP)

And finally, join the conversation on our IP Law Facebook page. The question, inspired by a post by JAMS: is mediation a viable alternative in IP litigation?

...

For daily updates on what's trending on the JD Supra network: follow @JDSupraBuzz on Twitter. We'll see you online!

I recently read a HubSpot blog post relevant to any lawyer writing for online visibility today:

4 Content Creation Lessons Marketers Can Learn From Journalists ... worth a share within your firm (especially to your lawyers writing for the web), because even though some of the pointers might appear obvious by now, time and again we see them overlooked: 

- publish timely content
- publish content that teaches
- publish content that is relevant to professionals in a specific industry (the industry you serve)
- develop an outlet that communicates (your firm's) niche specialties

Here's one lesson from the piece that I believe simply cannot be overstated:

Understand your audience

"...stay committed to creating the types of content your target audience wants. Focus your content around what is important to the people who you want to be your customers [clients for law firms]. Be an informative and credible voice based on your industry expertise and write about topics that you are naturally an expert in..."

Naturally, content that your target audience wants to read (versus blatantly promotional content you want them to read) helps you to stand out in a noisy crowd. Want someone to listen to you? Be helpful to them.

But, today, there's another, perhaps equally important reason first and foremost to address reader needs and interests in your online legal commentary:

When you bring your particular expertise to bear with a clear understanding of audience, the result tends to be more shareable content - and, frankly, shareable content is the name of the game these days.

We see this playing out daily on JD Supra. When it works, for example: an ERISA attorney writes a piece on retirement plan management that so clearly speaks to the needs of his target audience, the article becomes the most-viewed post for the month when benefits planning sites link to the piece and an ever-increasing pool of readers (financial advisors, plan sponsors, others) share it widely with their own networks on LinkedIn, Twitter, Facebook, blogs, etc. Your audience has an audience of its own, as they say, and - well ... you stand to benefit. No pun intended.

--
@adrianlurssen

We're pleased to welcome the following lawyers and law firms now distributing their updates, blog posts, and other legal publications on the JD Supra network:

- Akerman Senterfitt:

""Akerman is ranked among the top 100 law firms in the U.S. by The National Law Journal NLJ 250 (2011) in number of lawyers and is the leading Florida firm. With 500 lawyers and government affairs professionals, Akerman serves clients throughout the United States and overseas from Florida, New York, Washington, D.C., California, Colorado, Virginia, Nevada, Utah, and Texas..." See portfolio>>

- Epstein Becker & Green, P.C.:

"Epstein Becker Green is uncompromising in its pursuit of legal excellence and client service in its areas of practice: Health Care and Life Sciences, Labor and Employment, Litigation, Corporate Services, and Employee Benefits. The Firm was founded to serve the health care industry and has been at the forefront of health care legal developments since 1973. The Firm is also proud to be a trusted advisor to clients in the financial services and hospitality industries, among others, representing entities from startups to Fortune 100 companies..." See portfolio>>

- Harney Westwood & Riegels:

"Harneys is a leading international offshore law firm. We provide the world's top law firms, financial institutions and corporations with legal services relating to British Virgin Islands, Cayman Islands, Cyprus and Anguilla law. Key practice areas include corporate & commercial, banking & finance, investment funds, litigation & insolvency and private client..." See portfolio>>

- Zelle Hofmann Voelbel & Mason LLP:

"Zelle Hofmann attorneys are proud to represent clients in their most challenging insurance-related disputes, antitrust/competition and other complex business litigation in venues across the United States and around the world. Our experience in successfully resolving high-profile, high-exposure cases and our commitment to efficient and responsive service supports everything we do..." Read portfolio>>

- Ladas & Parry LLP:

"Ladas & Parry LLP is a law firm primarily engaged in the practice of intellectual property (IP) law. Our practice is broad-ranging, from all aspects of patent, trademark, and copyright law, to advice on entertainment law, domain names, security interests in intellectual property, licensing, franchising and related aspects of commercial law and other legal areas dealing with technology" See portfolio>>

- Wahab & Medenica LLC:

"Wahab & Medenica manages the spectrum of legal issues confronting businesses, large and small, through consistently proactive advocacy. Assisting our clients with issues such as business transactions and governance, technology, and intellectual property, we provide a complete array of services ranging from complex agreements to litigation" See portfolio>>

- Chang, Ruthenberg & Long PC:

"Over 20 years as a firm exclusively focused on employee benefits law ... we're one of the largest ERISA compliance practices on the West Coast. It's all we do. Our team of attorneys and pension consultants works with employers, fiduciaries, administrators, CPAs, and corporate counsel to improve plan designs, ensure compliance, build benefits teams, solve problems, implement ESOP succession strategies and realize goals..." See portfolio>>

- Gilbert LLP:

"Based in Washington, DC, with an office in Austin, Texas, Gilbert LLP is a law firm that represents a wide range of clients, including corporations, partnerships, non-profit organizations and individuals in complex disputes, including high-stakes litigation, class actions and ADRs. Best known for representing policyholder interests in insurance coverage matters, Gilbert LLP also has active commercial litigation and pro bono practices..." See portfolio>>

- Mark Bressler/Sassoon & Cymrot:

"As partner with Sassoon & Cymrot, I work with investors and business owners whose assets are over-leveraged, distressed or non-performing. I advise businesses that have difficulty accessing the capital equity and debt markets, and develop strategies for restructure and workout of business and real estate debt with lenders and secured creditors. I represent borrowers and lenders in the restructure, reorganization, sale and disposition of distressed businesses and real estate assets. I represent developers, investors, managers and lenders of hotel, retail, office, industrial and multi-family properties, and advise businesses who face leasing, financing or expansion needs..." See portfolio>>

- Lawyers.com:

"Lawyers.com provides you with legal information and the ability to search for a lawyer to help with your legal issue. Lawyers.com is powered by LexisNexis, a worldwide leader in legal and business information. Arm yourself with the information you need to solve your legal issue. Whether you hire a lawyer or do it yourself, use Lawyers.com to take action to empower your life..." See portfolio>>

- DepoTexas:

"DepoTexas is the preferred deposition and litigation services provider for leading law firms and corporate legal departments throughout Texas. Our offices are located in Austin, Corpus Christi, Dallas, Houston, Midland, Odessa and San Antonio. We promise to provide speed and accuracy in addressing all your court reporting, deposition and litigation support needs from the inception of your case through trial..." See portfolio>>

We're also happy to announce the recent arrival of some of law firm Warner Norcross & Judd's practice groups on JD Supra:

- Michigan Employment Law:

"Steven Palazzolo brings a unique and varied background to the practice of labor and employment law. Prior to attending law school, Steve spent seven years as a shop floor supervisor in both union and non-union food processing plants. Steve also spent 11 years as in-house counsel specializing in labor and employment law for a multi-billion-dollar multinational corporation with extensive manufacturing operations. During this time Steve also supervised a staff of HR professionals. He emphasizes counseling clients on employee relations issues, policy development, NLRB, ADA, FMLA and international labor relations..." See portfolio>>

- Appellate Practice Group:

"The WNJ Appellate Practice Group is one of the Midwest's leading appellate litigation practice groups, counting among its members a recent Michigan Court of Appeals judge and former federal appellate clerks from the 4th, 6th, 7th, and 8th Circuits..." See portfolio>>
 
- White Collar:

"Warner's 'Better Partnership' is uniquely suited to help clients stay on the right side of the law. Our truly unusual law firm structure and history promote interdisciplinary collaboration with our colleagues who are subject-matter experts in areas impacted by government oversight. Most importantly, we take the time to watch and predict enforcement priorities. We understand that our clients want to be responsible corporate citizens so we make that our top priority..." See portfolio>>

---

What about you? Ready to increase your online visibility with a JD Supra portfolio for your publications?

Learn more about JD Supra now>>

Last week we were surprised, taken aback, yay verily thrilled to receive notice that we'd won one hundred dollars from Westlaw. And now you can, too. Here's how.

Actually, let me rephrase that. We were thrilled to learn that one of JD Supra's Twitter accounts (@JDSupraBuzz) won a $100 Amex gift card from one of Westlaw's Twitter accounts (@Westlaw_GC).

Why? Because our Twitter account had followed their Twitter account and was, clearly, in the right place at the right time on the Twittersphere.

It's called viral social media marketing, people, get used to it. It's here to stay.

[Yes, you read that correctly: @JDSupraBuzz won $100 from @Westlaw_GC. And you heard it was strictly real names only on Twitter. Pshaw! Show me your $100 Amex gift card.]

As I say, truly appreciative to Westlaw for having won something, our first thought: take team JD Supra out to lunch when the Amex $100 card arrives (which it did today). Two problems with that plan: 1) we've been growing lately, and $100 no longer covers a team lunch. 2) We live and work in Marin County. See #1.

So, we had two options: 1) go to lunch and watch one of us eat well, or 2) pay it forward.

We opted for #2, and so, here's to the beginning of a $100 Twitter contest that we hope never ends. At the very least it goes like this:

Next Friday, October 14, 2011, one lucky follower of @JDSupraBuzz (a daily Twitter feed of what's popular at any given moment on JD Supra) will receive the $100 Amex card we won from @Westlaw_GC ("Helping corporate legal departments and compliance professionals be more confident and efficient. Every day.")

I think you know what to do next. [And just in case I'm wrong about that: before Friday October 14 follow @JDSupraBuzz -- and @Westlaw_GC for good measure.]

Best of luck to you. (You won't be disqualified for using your real name as Twitter handle; it's totally cool with us. Tell that to the folks at Google+.)

ps. And when you win, we hope you run a contest of your own. Ergo the title.

---
@adrianlurssen

For your reference, here's a look at some of the most-viewed legal news and updates on JD Supra for September.

It's an interesting mix of content, filled with much to learn, including this simple lesson: Ary Rosenbaum is unstoppable! (Rosenbaum has contributed the top document on JD Supra four months in a row.)

Anyone willing to knock him off the top spot? Free t-shirt to the first to do it...

1. 12 Basic Retirement Plan Concepts That Every Financial Advisor Should Understand - The Rosenbaum Law Firm P.C.
2. Employment Law Update - September 2011 - NLRB Requires Employers To Post Pro-Union Notice - Nexsen Pruet, PLLC
3. E-Discovery Malpractice Suit Raises Concerns Over Outsourcing Document Review - Fox Rothschild
4. America Invents Act - H.R. 1249 Patent Reform Bill - Full Text Copy
   
5. The Top Ten Law Firm Website Best Practices - eLawMarketing
6. Are You Being Sued by Midland Funding, LLC? Why You Should Fight Lawsuits by Debt Buying Companies - John Skiba
7. Why You Should Avoid Using Your Payroll Provider as Your 401(k) Provider - The Rosenbaum Law Firm P.C.
8. The Future of the Law Firm Website - Great Jakes Marketing
9. FBAR Enforcement, What's Next - Sanford Millar
10. Johnson v. Whitehead, et. al - Equal Protection challenge to Citizenship Law w/ Classifications based on Illegitimacy & Sex - Rachel Zoghlin
    
11. FBAR Violation Puts Green Card Holder's At Risk - Sanford Millar
12. When The Contractor Plays Hard-Ball What Does A Sub-Contractor Do; Peter Kiewit Redux? - Thomas Heintzman
13. What To Expect At Your Marriage Based Immigration Interview - Xiaojuan Huang
14. Martin Kessman v. White Castle - White Castle Complaint - Jay Eng
    
15. Avoiding or Defeating Will Contest Actions: 10 Effective Strategies - Dinsmore & Shohl LLP
16. America Invents Act Significantly Changes Patent Law - Armstrong Teasdale
17. Arizona Medical Marijuana Act - The Basic Facts - Jaburg Wilk
18. Congress Passes America Invents Act - Morgan Lewis
19. New Safety Concerns Over Celexa, Proton Pump Inhibitors - Patrick Malone & Associates, P.C.
    
20. Senate Bill Proposes to End Misclassification of Independent Contractors - Schnader
21. Two And A Half Lawsuits: Lessons Learned From The Charlie Sheen Litigation - Fisher & Phillips LLP
22. Patent Reform Effective Dates Cheat Sheet - Morrison & Foerster LLP
23. Seven Tips for Legal Professionals on LinkedIn - John Hellerman
24. Significant Advances in Green Card Cutoff Dates for EB-2 India and EB-2 China - Morgan Lewis
25. Delaware Supreme Court Rejects Investor's Books and Records Access Appeal - City of Westland Police & Fire Retirement Sys. v. Axcelis Tech., Inc. - Reed Smith
    

---

Follow @JDSupraBuzz for daily updates on trending topics, searches, and documents on JD Supra. A great way to see what's hot and find fodder for your own next article or post.

Archive:

- Most-viewed on JD Supra: Aug, 2011
- Most-viewed on JD Supra: July, 2011
- Most-viewed on JD Supra: June, 2011