INTA -- Last Day of Annual Meeting
david@davidkrell.com
A full morning.
I took a Boston Duck Tour through the streets of Boston and on the Charles River. Our esteemed, personable, and knowledgeable guide, Captain Kidding, even let us take turns at the wheel when our amphibious bus became a boat.
We embarked on a tour of Fenway Park following the Boston Duck Tour. Because I am passionate about baseball history, learning about the home base for the Red Sox up close and personal was a necessity. We walked on the warning track, faced the Green Monster, and marveled at the scuff marks left by scores of baseball.
Tonight, I’m off to the Grand Finale as the 2010 INTA Annual Meeting comes to a close.
INTA--Changes
david@davidkrell.com
And so we enter the home stretch of the 2010 INTA Annual Meeting. Some attendees will leave today because their work load demands it. Some will stay for tonight’s Grand Finale at the Museum of Science.
I attended my first Annual Meeting in 2005. In the past five years, I’ve noticed three major changes.
First, the booths in the exhibition hall don’t offer giveaways anymore. Westlaw used to offer premium quality gym bags or roller bags if you sat through a presentation lasting approximately thirty minutes. The giveaway was so popular that waiting on the massive line to get to the presentation frequently exceeded an hour. Perhaps the scaling back is a response to the economy. Instead of premium giveaways, many vendors are holding drawings. Place your business card in a bowl. If they draw your card, you win an iPad, iPod, etc.
Second, law firms don’t host nearly as many parties. The economy has certainly hit the legal field in the past five years. Law firms retracted marketing efforts accordingly. Once a highlight of the INTA Annual meeting, now attendees must find networking opportunities on their own.
Third, the topics in the seminars, workshops, and breakout sessions have changed. This change is a response to the demands of INTA’s members and their clients. For example, “social media” was not in our lexicon five years ago. Now, it’s front and center as a topic because our clients face tremendous challenges in policing their marks on Facebook, Twitter, and the like.
So, as we wind down, I’m already looking forward to next year’s Annual Meeting in San Francisco!
INTA--Charlie Chaplin
david@davidkrell.com
Today’s INTA Annual Meeting seminar concerning celebrities and trademarks got me thinking. Who was the first celebrity brand?
Perhaps the honor should go to Charlie Chaplin. After all, he created and played the Tramp character in several films. His signature character. His trademark character.
Nearly 100 years after Chaplin broke into the silent film industry, his Little Tramp image continues as a trademark. No longer limited to the silver screen, the Little Tramp’s image is controlled by Bubbles, Inc. and Roy Export Company Establishment.
Can you name another celebrity whose image dates back to 1910 and is still in demand today?
INTA--Trademarks and Celebrities
david@davidkrell.com
The world’s most famous celebrity facing a trademark crisis is Blue Zackman.
You’ve never heard of him? That’s because he’s fictional.
The INTA Annual Meeting panel at today’s Trademarks & Celebrities seminar created Blue Zackman, a male model who recently expanded his market to include cologne and songs. But Blue faces worldwide attacks, infringements, and counterfeits of his image.
The panel consisted of attorneys from the United States, Germany, Australia, and Hong Kong. The attorneys explained the different quirks regarding right of privacy, right of publicity, and trademark law in their respective geographic areas.
If you missed the discussion, check it out on the INTA web portal. You’ll find useful information if the next Blue Zackman walks through your door!
INTA -- For Adults Only
david@davidkrell.com
Alcohol. Sex. Gambling. Oh my!
I just finished the For Adults Only breakout session at the INTA Annual Meeting. We learned about the New York Stock Exchange’s lawsuit concerning New York Slot Exchange. We learned about the Miami Dolphins taking action and then resolving a dispute concerning the Dancing Dolphins slot machine. And we learned about Playboy’s worldwide presence as an intellectual property owner and icon.
Anamaria Cashman of Playboy gave us a review of Playboy’s history, intellectual property and otherwise. For the fashion crowd, Playboy received the first trademark registration for a costume -- the Playboy bunny costume -- at the United States Patent & Trademark Office on January 7, 1964.
INTA Press Reception
david@davidkrell.com
A great INTA press reception. I saw my old friend Phil Cox from Global Law Marketing. He gave me a wide smile and a big hello. At INTA, you meet people one year and the next year, they greet you like long-lost friends! Case in point, I met Phil at last year’s Annual Meeting.
I had a chance to chat with Jessica Tuquero, INTA’s Communications Director and Jim Bush, Editor of INTA Bulletin and Web Content. And I caught a glimpse of Alan Drewsen, INTA’s Executive Director.
Between the appetizers, I met Rodrigo Lanuza, Associate Director of MiPatente magazine. It’s an intellectual property magazine for Mexican businesses. Networking works if you work it -- I may have an article published in the September issue! Stay tuned!
INTA Writing Workshop: Mission Accomplished
david@davidkrell.com
They came. They laughed. They learned.
After scores of conference calls, emails, and revisions to our respective PowerPoint presentations, Effective Legal Writing Workshop is in the INTA history books.
With humor, practical examples, and an engaging approach with the audience of approximately 170, our panel enjoyed a lively response.
I began with a general exercise to engage the audience. We broke up into small groups to answer this question: Why is legal writing important? Give your top three reasons.
Bob Latham talked about going beyond the form file, striking the word ‘clearly’ from drafts, and avoiding using superfluous words. Kelly Slavitt talked about the importance of language in cease and desist letters and license agreements. Joff Wild talked about the strategies that lawyers can use to effectively communicate with the media.
But there’s no resting on laurels. Jim McCarthy of McDonnell Boehnen Hulbert & Berghoff is coordinating workshops for the 2011 INTA Annual Meeting. Last week, Jim invited me to speak. He sat through this morning’s workshop and, immediately after it ended, we began brainstorming about my topic for 2011.
INTA Writing Workshop: Pre-Game
david@davidkrell.com
Expect the unexpected.
I just found out that more than 300 people registered for my event at the INTA Annual Meeting -- Effective Legal Writing Workshop in Room 203 at the Boston Convention & Exhibition Center.
Unfortunately, the convention center set the room for 100 -- 10 tables with 10 chairs each.
Thanks to quick thinking and quicker action by Elizabeth Cooper, Event Services Manager of Massachusetts Convention Center Authority and Stuart Ruff, Senior Event Planner of INTA, we now have rows instead of tables to handle the seating.
INTA - New Friends, Old Friends
david@davidkrell.com
And so the annual gathering of trademark professionals, otherwise known as INTA Annual Meeting, began tonight with the kickoff cocktail party. I connected with my Effective Legal Writing co-panelists Bob Latham and Kelly Slavitt. Unfortunately, we did not connect with the other member of our quartet, Joff Wild. But we’ll all be in the same place tomorrow at 10:30 am -- Room 203 in the Boston Convention and Exhibition Center.
Bob Latham generously invited us to Jackson Walker’s cocktail party at City Bar in the Westin adjoining the convention center. I reconnected with Jackson Walker veterans Carl Butzer and John Jackson. And I struck up a conversation with two attorneys -- Alan Kaufman of McKenna Long & Aldridge and Sunita Koneru of Bullivant Houser Bailey.
Sunita, raised in Iowa, now calls San Francisco her home city. Alan is a die-hard Philadelphia Eagles fan transplanted to New York City. They are proof positive that INTA’s Annual Meeting inspires networking. Alan and Sunita met at last year’s event -- now they’re old friends. To market future INTA events, Alan theorizes that the word “Intaversary” could be an emblem, maybe even a trademark.
While I waited on the taxicab line outside the convention center, I ran into another Alan -- Alan Drewsen, INTA’s Executive Director. Alan graciously remembered my blogging and Tweeting from last year’s Annual Meeting. I promised more of the same for this year.
We’re off to a good start.
INTA Annual Meeting Begins
david@davidkrell.com
Greetings from the city of St. Eligius Hospital, a private investigator named Spenser, and the bar where everybody knows your name!
I’m looking forward to tonight’s kickoff cocktail party for the 2010 International Trademark Association Annual Meeting.
And tomorrow marks my transition from INTA Annual Meeting Attendee to INTA Annual Meeting Speaker for the simply but descriptively titled Effective Legal Writing Workshop. I will moderate the workshop panel consisting of Intellectual Asset Managment Editor-in-Chief Joff Wild, former GE and ASPCA in-house counsel Kelly Slavitt, and intellectual property litigator extraordinaire Bob Latham of Jackson Walker, the Texas powerhouse law firm.
If you’re attending the INTA conference, join us tomorrow morning at 10:30am -- 11:45pm in Room 203 of the Boston Convention & Exhibition Center.
INTA Annual Meeting
david@davidkrell.com
Next week, approximately 8,000 people working in trademark law will gather for the International Trademark Association Annual Meeting. This year, INTA’s Annual Meeting will take place in Boston.
Beginning with a keynote speech and cocktail party on Sunday, May 23rd, INTA’s Annual Meeting will provide workshops, seminars, and networking opportunities galore.
Lawyers. Paralegals. Marketers. We’ll all be there to learn about everything from the effects of the Madrid Protocol on your client’s trademark portfolio to how to improve your legal writing skills. I have the privilege of moderating the workshop on the latter subject in the ‘pole position’ time slot. Effective Legal Writing Workshop takes place on Monday, May 24th, 10:30 a.m.
Yesterday, I talked with my friend and colleague Daryl Grecich, INTA’s Director of Marketing and Program Strategy, about the upcoming Annual Meeting. Daryl pointed out some changes for this year.
We’re looking forward to a great Annual Meeting and here are three reasons why.
First, we’re able to attract a large number of professionals who work in the trademark arena -- lawyers, paralegals, marketers. In addition to the educational opportunities, the attendees will be able to benefit from the networking opportunities.
Second, the workshops and seminars provide more than just Continuing Legal Education credit. They are paramount to INTA’s mission of providing good, quality education to practitioners.
Third, the Annual Meeting helps us advance INTA’s work through its committee meetings. These meetings reveal ways we can build on our success and allow us to program future events, forums and conferences.
This year’s Annual Meeting also features a number of new events. For the first time, we have a half-day workshop dedicated to in-house counsel. Alexander Macgillvray, General Counsel of Twitter, Inc., will be the keynote speaker. The workshop provides an outstanding opportunity for in-house counsel to talk about commonalities and differences in how they manage their responsibilities. Generally, in-house counsel deal with fewer resources, so the workshop will help them learn strategies on benchmarking internal resources and managing outside counsel.
Additionally, we have our first art show in the exhibition hall. The art show will display creative work by INTA members, attendees, guests and staff.
John Adams and the Image of Lawyers
david@davidkrell.com
I just started reading John Adams: Party of One, a 2005 biography of the 2nd President of the United States by James Grant. On Page 27, Grant cites Adams’ description of lawyers in a missive to a Harvard classmate dated April 1, 1756. More than 250 years later, people share the view. Lawyer jokes continue. And the image of lawyers still suffers.
Let us look upon a Lawyer. In the beginning of Life we see him, fumbling and raking amidst the rubbish of Writs, indightments, Pleas, ejectmens, enfiefed, illatebration and a 1000 other lignum Vitae words that have neither harmony nor meaning. When he getts into Business, he often foments more quarrells than he composes, and inriches himself at the expence of impoverishing others more honest and deserving than himself.
Of course, Adams became a proficient lawyer and defended the British soldiers involved in the Boston Massacre. Note to members of the bar -- What are you doing to change the image of lawyers?
A Valuable Lesson in Legal Writing
david@davidkrell.com
Last Thursday, May 6th, I enrolled in a one-day writing workshop taught by the dean of legal writing -- Bryan A. Garner. Bryan is an attorney, instructor, and consultant with a deep, relentless, and obvious passion for words. His company, Law Prose, hosts several writing classes for lawyers across the country.
Because I love to write, I often enroll in Continuing Legal Education classes that focus on writing skills. Bryan’s workshop Advanced Legal Writing & Editing is on a different level than most CLE classes. Bryan’s approach is peer-to-peer rather than instructor-to-student. It’s the same approach I saw last year at Bryan’s workshop The Winning Brief.
Additionally, Bryan does not rely on his reputation as Editor-in-Chief of Black’s Law Dictionary, columnist for the On Language column in The New York Times Magazine, or esteemed author of several legal writing books. He continues to expand the education process in his workshops. Through grunt work combined with navigating red tape, Bryan secured videotaped interviews with dozens of judges and United States Supreme Court justices. They explain their views, complaints, and insights regarding brief writing. This information is simply invaluable for members of the bar.
Last month, I taught my 90-minute CLE workshop Stop Writing Like A Lawyer! at my alma mater, Villanova Law School. When I approached a classmate of mine about attending, he said that he doesn’t need a CLE course in legal writing because his practice is more than 15 years old. In his mind, experience equals skill. I think differently. If Derek Jeter can take batting practice, then I can take a skills class taught by Bryan Garner to keep my skills sharp. And if I’m lucky, I’ll learn some new strategies.
At Bryan’s Advanced Legal Writing & Editing workshop, the oldest student was 87 years old. He entered the New York bar in 1952.
I guess you really can teach new tricks to an old dog.
Spring Cleaning
david@davidkrell.com
I took a blogging hiatus for the past month to engage in the yearly ritual of Spring Cleaning.
Closets.
Drawers.
E-mail.
Nothing is sacred during this ritual. Things I couldn’t bear to throw away a year ago didn’t come close to surviving the cut this year.
A clean desk, office, or home helps the writing process. It clears the mind. I could never understand the philosophy of people who say they know where everything is in the mountainous piles of paper on their desks.
Some of us write at home. Make your office a home but don’t make your home an office. Who wants to come home to chaos? Just a little maintenance of papers, E-mail, and other items can go a long way.
Of course, tomorrow, the E-mails will pile up and the papers will seem like they’re multiplying like Tribbles from Star Trek. We’ll feel like Sisyphus pushing the boulder up the hill only to see it roll down the other side.
But for one brief, shining moment...our desks will be clear and our E-mail Inbox will have the minimum number of E-mails.
Until tomorrow.
Blogging To Brand
david@davidkrell.com
At his web site, likelihoodofconfusion.com, intellectual property attorney Ron Coleman blogs about trends, cases, and developments in the copyright and trademark arenas.
He has valuable advice, insight, and experience regarding using the blogosphere to shape, elevate, and strengthen a professional service provider’s brand.
Blogging has helped me brand myself because I have been approached by people who assume that I am fully consonant with any area of law having to do with the Internet and new media. To them, intellectual property rights equal Ron Coleman. Also, I have a fairly common name, so the blog at likelihoodofconfusion.com helps me distinguish myself on the Internet.
I write on a more popularized accessible level than my peers write. There are true trademark law statesmen who have massive experience in the nuances of trademark prosecution and litigation at the Trademark Trial and Appeal Board. I offer a complement to the blogs of my peers because I have a big picture perspective that comes across in my blog. Additionally, my view as an IP litigator is fairly unusual in the blogosphere.
On the other hand, a lot of attorneys with experience, skill, and opinions concerning intellectual property law read my blog. But they don’t comment and they don’t have blogs. I wish they would contribute to the larger conversation.
When people read the blog, I want them to know I have a demonstrated mastery of trademark law. The three primary words I want people to think are trust, information, and, of course, referrals!
Blogging is a mature market now. But people have to understand why they’re blogging. You need to write well on a consistent bases to draw traffic. Some law firms will put Client Alerts on their web sites and market it as a blog. That’s really more in line with a press release. There’s no analysis that provokes conversation. Uploading content in chronological form does not qualify as a blog.
Looking Back at a Season in Hell
david@davidkrell.com
Today marks a milestone for me. One year ago today, I entered the digital universe by creating my own web site and blog. What I once considered a season in hell because of an apocalyptic economy seems profitable in retrospect. Not financially -- two freelance consulting jobs throughout the year. And I’m still looking for a job or projects. But it was profitable in a Rocky Balboa way. In Rocky Balboa, the title character tells his son:
But it ain’t about how hard ya hit. It’s about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That’s how winning is done! Now if you know what you’re worth, then go out and get what you’re worth. But ya gotta be willing to take the hits, and not pointing fingers saying you ain’t where you wanna be because of him, or her, or anybody!
Keep moving forward, indeed.
The questions most often asked of me concerning my web site and blog -- How did I do it? Why did I do it?
Simple. I got laid off from my job as a legal conference producer in November 2008. Rebranding myself seemed to be necessary, if not vital. So, I went through my resume to strongly consider the value that I bring to an employer.
At first, the jobs on my resume seemed disparate -- attorney, gubernatorial campaign’s deputy press secretary, television news writer and producer, freelance magazine article writer, media commentator, legal conference producer. I soon realized the common thread is my passion -- writing.
Ok, I identified my passion. I have the skills and experience to adapt my writing to an employer’s or client’s format. But the worst economy since the Great Depression of the 1930’s gave no hint of loosening up during the holiday season.
I faced factual and anecdotal data concerning an apocalyptic economy. Phone calls to friends, contacts, and former colleagues remained unanswered. Watching CNBC gave no hint of daylight in the gloom and doom. Layoffs, fear, and cutbacks were the watchwords of 2009.
I found inspiration in the movie Any Given Sunday when Miami Sharks Head Coach Tony D’Amato (Al Pacino) gives the big speech before the big football game.
We’re in hell right now, gentlemen. Believe me. And we can stay here and get the shit kicked out of us or we can fight our way back into the light. We can climb out of hell. One inch at a time.
I climbed my first inch out of hell by attending the pilot program for Shelly Palmer’s Get Digital seminar at the National Academy of Television Arts & Sciences. I learned the importance of becoming digital savvy, owning a Blackberry, and rebranding myself in a fiercely competitive economy steeped largely in digital technology.
Get Digital inspired me to go further on a digital journey. I took a 2-hour web site design course for novices at Tekserve, an authorized Macintosh/Apple computer retailer and repairer located on 23rd Street in Manhattan. After the course, I bought the RapidWeaver web site design program. Being technologically challenged, I forced myself to read the manual again...and again...and again. Within two weeks, I learned how to design my own web sites and blogs.
I attended the International Trademark Association Annual Meeting in Seattle where I met a law firm marketer. A couple of weeks after the conference, he hired me to write the copy for one of his clients, a prominent law firm based in Mexico City.
I also met an editor from the Latin American intellectual property magazine Marcasur. She requested that I write an article about my passion -- writing. My article Your Writing Is Your Trademark appeared in the July - September 2009 issue. I’m also moderating a writing workshop at the INTA Annual Meeting in May 2010.
I lobbied the New York State Bar Association’s Entertainment, Arts, and Sports Law Journal for a regular column focusing on important deals, people, and events from historical and legal perspectives. Result: Krell’s Korner was born. The first column was published in the Fall-Winter 2009 issue. It concerned the deal between ABC and Walt Disney that allowed the animator to build Disneyland.
In November, a former colleague hired me to conduct legal and historical research concerning one of his company’s well-known entertainment characters. The research culminated in a massive report that left no stone unturned concerning the character’s business and legal history.
I attended the New York State Bar Association’s Annual Conference where a panel discussion concerning the new economy persuaded me to further my rebranding as a communications expert. Result: The Writing Guy™ communications was born.
I reconnected with a friend who hired me to consult on a trademark issue for one of her clients, a designer of games and applications for the iPhone.
I lobbied my alma mater, Villanova Law School, to host my CLE legal writing workshop for alumni. Stop Writing Like A Lawyer!™
will take place on April 7th.
Throughout, I wrote more than 70 blog entries about writing and communications. I created a second web site called Our Television Heritage™that houses my blog and articles regarding television history.
Last night, the last night of my first year as a digital savvy attorney/writer/blogger, I attended a panel discussion hosted by the City Bar Association of New York -- Using Your Law Degree for Something Other Than Practicing Law: Exploring Non-Legal Roles Within Law Firms. The panelists believe that the economy is showing signs of loosening regarding hiring law firm marketers with legal backgrounds and outside writing consultants.
I certainly hope so.
The Tale of Tiger
david@davidkrell.com
In the Special Report news media arena previously reserved for information that affects the entire country, like the health of a president, Tiger Woods had the spotlight. For one brief shining moment, he shared his thoughts about the controversy surrounding him in a staged monologue on Friday morning. In front of family, friends, and the entire country via a television news Special Report, Tiger Woods began with an apology and ended with hugs of his mother and other people in his inner circle.
One question remains -- What didn’t Tiger say in his prepared statement?
Tiger’s explanation/apology/promise left out five items that do not seem to interest the news media for one basic reason -- sex sells. Tiger Woods is an icon. Naturally, the story about multiple affairs with young ‘tigresses’ is a titillating story. Sex stories sell papers and boost ratings. President Clinton’s affair/dalliance/indiscretion with Monica Lewinsky got more media coverage than the Whitewater topics of Ken Starr’s investigation.
Nevertheless, some issues remain open for clarification.
First, he did not address the issue of recreational or prescription drugs. Was he under the influence of drugs and/or alcohol when he crashed his vehicle into a tree on Thanksgiving Weekend? In his statement, he mentioned that he never used performance enhancing drugs. Not the same thing.
Second, he did not address the issue of the accident. How did the window get broken on the SUV? What caused him to crash into the tree?
Third, he did not say that he loved his wife. He praised her. He admonished the media for invading his family’s privacy. He sought to protect his kids from the harsh spotlight of the media. He said, Elin and I have started the process of discussing the damage caused by my behavior. But he never mentioned his feelings for his wife, nor did he specify his treatment or therapy. Some media accounts say the treatment or therapy concerns sex addiction.
Fourth, he did not say why he repeatedly refused to meet with police to discuss the accident.
Fifth, he did not explain why he waited nearly three months to talk about the controversy surrounding him.
By not addressing these topics immediately after the accident or at any time up to and including Friday’s appearance, Tiger Woods leaves them open for continuing interpretation, deliberation, and investigation.
One mistress wants a public or private apology dedicated to her. High-powered lawyer Gloria Allred represents the mistress, former porn actress Joslyn James. At a press conference on Friday following the Tiger Woods appearance, Ms. Allred went before the cameras with her client and demanded an apology. However, I’m not aware of any legal basis for requiring an apology to a mistress. Also noteworthy was the lack of an apology from Ms. James to the wife and children of Tiger Woods.
The Luxury of Time
david@davidkrell.com
When tackling a project that requires writing, one cardinal rule stands out -- start early.
During the new year’s holiday, I started working on a piece concerning the Vietnam Veterans Memorial for Krell’s Korner. Krell’s Korner is my column in the New York State Bar Association’s Entertainment, Arts, and Sports Law Journal. The piece about the memorial will appear in the Fall-Winter 2010 issue.
The deadline is May 21st.
During the massive snowstorm that hit the East Coast on Wednesday, I finished the first draft. I also completed a double-check of the footnotes against the format rules in A Uniform System of Citation (18th Edition), a.k.a. The Bluebook.
The Bluebook has a rule for every type of citation in a legal brief, legal memorandum, or law review article. The EASL Journal follows the law review citation requirements.
So, just a few tweaks for another draft and I can send the column to my editor for comments.
That’s one approach.
But I will use the next couple of months to do the following three things.
First, I will send the draft to some potential interviewees for the column with the luxury of time to respond. The column will stand alone, but interviews will enhance it. If I give myself a deadline to get the interviews by April 1st, I will have six weeks to get the interviews and, in a worst case scenario, another six weeks to incorporate the new information into the column.
Second, I will take a break from the column for a couple of weeks because absence makes the editorial mind grow sharper. After a break, I will see areas for improvement that I did not see during the adrenaline rush of writing.
Third, I will work on other projects. Now that the first draft is finished, I have the time, attention, and energy to focus on looking for consulting projects and a full-time position. I can also practice for my Stop Writing Like A Lawyer™that I’m hosting on February 25th at my alma mater -- Villanova Law School in Villanova, Pennsylvania. In May, I’m moderating a writing workshop at the International Trademark Association Annual Meeting in Boston.
Start early. Give yourself the luxury of time.
Banks and Facebook
david@davidkrell.com
Now that the dust has settled from the financial tornado of 2009, banks and financial institutions are in a terrific position to restore their once-vaunted image of stability, integrity, and vitality.
A highly significant part of this restoration begins with embracing digital age technology.
Yes, you can look up your bank statement or credit card statement by logging into the company’s web site. That was established when we had dial-up instead of Wi-Fi.
But why aren’t more banks and financial institutions using Facebook? With hundreds of millions of members, Facebook gives companies a tremendous opportunity to communicate with customers.
A quick search found that many smaller banks have no presence on Facebook while larger banks have many Facebook pages with their logos. However, a high percentage of these pages are dedicated to employees and alumni.
Where are the Facebook pages dedicated to the customers? Where is the blog to inform customers on how the bank is adapting to the needs of its customers in the 21st century?
Banks and financial institutions can begin their journey effectively in the digital age by asking three fundamental questions.
1. What is your presence on Facebook and how can you improve it?
Gang, the digital media is here to stay. Embrace it. Use it. Own it. From what I see, banks and finance institutions have not even scratched the surface on top of the surface. Be the first to plant your digital flag effectively, wave it aggressively, and enlarge it continuously.
2. Is digital media a significant part of your marketing strategy?
Digital media is more than just banking online. Teenagers are building web sites. Grandmothers are writing blogs. Digital media is a way of life. Ignoring Facebook and other digital media will set a bank or financial institution behind the competition. In addition, part of the marketing strategy should include a nod to history, corporate mission, and what makes the company different.
In a contrasting example, the official Facebook page for one multinational company has an extremely brief one-sentence description with a follow-up sentence mentioning the year the company was founded.
The brief description defeats the purpose of using Facebook as an alternative web site to communicate to customers. Don’t be so quick to send customers to the corporate home page.
3. Who is using your trademark in the digital space?
A bank’s logo is a trademark owned by the parent company. If different branches of the bank are establishing Facebook pages, consolidate an overall strategy just like you would for other company policies. The strategy should ensure uniform use of the trademark.
Make sure that the headline of each Facebook page mentions the branch. This eliminates confusion for the Facebook user. For example, Mayberry Bank & Trust - Barney Fife Road Branch NOT Mayberry Bank & Trust.
Part of the strategy should also include the benefits and disadvantages of allowing Facebook fan pages to exist. Whether the activity amounts to trademark infringement is a decision that should be carefully considered by the bank’s trademark counsel. As an intellectual property attorney, I can tell you that the key word in the previous sentence is ‘carefully.’ When protecting your trademark, work with your fans, not against them.
A Lesson in Brevity
david@davidkrell.com
Military communications exemplify brevity.
When General Ulysses S. Grant led the Union to defeat the Confederacy in the Civil War in 1865, he sent a telegram to Edwin McMasters Stanton -- Secretary of War.
General Lee surrendered the Army of Northern Virginia today on terms proposed by myself.
Eighty years later, Dwight David Eisenhower found himself in a similar situation as Supreme Commander of Allied Forces in Europe during World War II. Upon victory in the European Theater, Eisenhower avoided grandstanding.
The mission of this Allied Force was fulfilled at 0241, local time, May 7th, 1945. Signed Eisenhower.
Writing = Networking
david@davidkrell.com
On Monday, I met a lovely young woman at the New York State Bar Association’s Annual Meeting.
On Tuesday, we met again at the cocktail party for the NYSBA’s Intellectual Property Law section. We talked about different ways that a lawyer can distinguish himself or herself. Naturally, I suggested the writing option. Every section of NYSBA has a journal. Every journal needs content. So do trade magazines, law reviews, and bar association journals.
At career development seminars, panelists frequently talk about writing as a viable option to brand yourself as an expert on a given topic. They suggest the avenues I just mentioned. Because we live in a digital age, they also mention blogging and tweeting.
But they don’t tell you how you can benefit beyond the branding. I will.
In a word -- networking.
Let’s take our fictional friend, Larry Lawyer. Larry is in his late twenties, so he’s not experienced enough to speak on bar association panels. He just joined the NYSBA’s Intellectual Property Law Section because he wants to specialize in representing musicians, but he doesn’t really know anyone in the field. The next deadline for submission to the NYSBA’s Intellectual Property Law Section Journal is three weeks away -- not enough time to write an in-depth analytical piece in a law review style. Because the journal only comes out three times a year, Larry will not have another opportunity for several months. What should Larry do?
Larry’s solution lies in its problem -- write a practical piece with quotes from industry leaders rather than an analytical piece. For example, The Top 5 Things Every Music Lawyer Needs To Know.
Then, Larry can target industry leaders from music companies and law firms to interview for the article. What do they think are the top five things every music lawyer needs to know? You can get into a person’s office a lot easier by writing an article concerning his or her area of expertise than you can by sending resumes or requests for informational interviews.
The process is not only beneficial for Larry. The most successful attorneys I know speak on just about any panel and sit for any interview to which they’re invited. Their appearances reinforce the public’s perception of their leadership, expertise, and experience in a given area. Hopefully, the perception leads to more clients.
If Larry interviews five industry leaders, he expands his network to include five people of influence, knowledge, and stature. And those five people know five other people who know five other people...and so on and so on and so on.
And it’s all because of an article that is oriented in practicality, utility, and value. Once Larry finishes his interviews, he simply needs to connect the dots -- find the common threads and not so common threads in the industry leaders’ comments.
Postscript: When the article is published, Larry can present a copy in person -- another opportunity to reinforce the network.
Improvise! Adapt! Overcome!
david@davidkrell.com
Yesterday, I attended a three-hour panel discussion at the New York State Bar Association’s Annual Conference -- Navigating the New Economy.
It reminded me of Heartbreak Ridge, a 1986 movie. In the movie, Clint Eastwood plays a Marine Gunnery Sergeant who constantly orders the young marines in his command -- Improvise! Adapt! Overcome!
Those are the watchwords for the new economy. Whether you’re a lawyer, doctor, or Indian Chief. Whether you’re a butcher, baker, or candlestick maker.
So, I took stock of 2009 -- accomplishments and missed goals. Often, the reason for the latter is not a lack of quality in our skill set, but a lack of clarity in our communicating our value to potential employers.
With that in mind, I set out to redefine my own message, brand, and value. The result is a new home page with a new definition of what I offer to a prospective employer for a job or freelance project.
Writing is my passion. Indeed, it has been the common thread through my career and extracurricular endeavors.
To communicate that passion and the consequent value that I will bring to an employer required a tag line that is definitive, descriptive, and memorable. Meet David Krell, Esq. a.k.a. The Writing Guy™.
Additionally, I renamed my blog Quills & Keyboards™ to capture the universality of writing, no matter the technology used to convey the message.
Improvise! Adapt! Overcome!
Indeed.
To Blog or Not To Blog
david@davidkrell.com
Earlier this afternoon, I had a brief conversation with a friend. The reason for my conversation -- getting feedback on an idea. It triggered an insight into a larger issue.
As Adrian Monk says, Here’s what happened.
I am the Co-Chair of the Continuing Legal Education Committee for the New York State Bar Association’s Business Law Section. The NYSBA’s Annual Meeting takes place next week in Manhattan.
Yesterday, I had a fruitful discussion with my co-chair. I informed her about a perceived lack of educational offerings for small firms and solo practitioners at bar association conferences and legal trade group conferences. We decided that we would do some informal polling at next week’s Annual Meeting to see if a CLE panel geared to small firms and solo practitioners would be worthwhile.
So, I called my friend who is an intellectual property attorney, blogger extraordinaire, and CLE speaker. In fact, I provided his first-ever speaking opportunity in 2001. From 2001-2005, I hosted seminars under the banner PRIME - Professionals in Media in Entertainment.
My friend liked the idea of the CLE panel but lamented the abundant advice given by some attorneys in articles, anecdotes and CLE panel discussions. Their advice focuses on the plight of younger members of the bar branding themselves to build, enhance, and strengthen their client base.
Apparently, the advice includes strategies on marketing your practice through Facebook, Twitter, Linked In, and blogs.
It includes techniques on networking.
And it includes tips on getting speaking engagements on legal panels and writing assignments for legal publications.
My friend lamented that the advice did not include learning your craft before learning how to set up blog software to conquer the blogosphere.
One can make the argument that part of learning your craft includes learning how to adapt your networking adeptness to the opportunities in the digiverse. Plus, today’s youngest attorneys are probably already familiar with digital tools, computer software, and social networks.
However, a blog, especially in the ultra-competitive legal arena, needs to have a foundation. Statements, opinions, and insights ought to be based in knowledge, if not the authority that comes with experience.
Writing Resolutions
david@davidkrell.com
New year. New decade. New chance to reduce the occurrences of old habits.
I’m taking advantage of the chance. I resolve to improve my writing skills by taking the following actions:
1. Email: Think more before I hit the ‘send’ button on an Email. Am I effectively conveying the message and its importance? How can I improve the effectiveness?
2. Throat Clearing: Eliminate throat clearing phrases from my lexicon. For example, “as such” is a phrase that has RIP status.
3. Edit Objectively: Read my writing with a critical editor’s eye. Embrace the red pen!!
Like Samuel Beckett (the Quantum Leap guy, not the writer), I resolve to put right what once went wrong.
Or, in this case, put write what once went wrong.
Eye on the Tiger
david@davidkrell.com
Tiger Woods is taking an indefinite break from the game he loves, represents, and dominates.
It was an inevitable decision given the searing of the Tiger Woods brand caused by a white-hot media spotlight during the past two weeks.
But the spotlight shines because Woods broke a cardinal rule of crisis and reputation management. Tell the truth with specifics. Tell it fast. Tell it briefly.
After Woods crashed his vehicle on Thanksgiving Night, his words indicated a careful selection from the dictionary, not a desire to be completely honest with fans, sponsors, and the media.
Woods said he committed transgressions, but who really uses that word in every day conversation? Why not just be honest and say that you’ve had multiple affairs? The media will find out anyway. Sometimes people talk to cash in, sometimes they talk to be a part of the story.
Woods refused to meet with police on three separate occasions after the accident. Why the refusal? His attorney claimed that he had no legal requirement to meet with them. Well, that may be true. But the court of public opinion is not the court of law. The refusal to meet inspired the question -- What is he hiding about the cause of the accident?
Woods said he was involved in a single-car accident. That is a phrase used by police. And why does he need to indicate that it was a single-car accident? Is he emphasizing that no one else was injured or that his actions did not cause anyone to be injured. We still do not have an official report with a blood sample that states whether or not Woods was under the influence of prescription drugs and/or alcohol when he got behind the wheel on Thanksgiving Night.
Had Woods told the truth with specifics quickly and briefly, he would still dominate the headlines. His ‘tigresses’ would still be coming out of the ‘woodswork’ to tell their stories.
But by getting out in front of the story, he could have controlled it. Avoiding specifics is teasing the media. And those who live by the media can be destroyed by it. Indeed, the pen is mightier than the sword. Or in this case, a five-iron.
Face-to-Face and Follow-Up
david@davidkrell.com
John Cooney is a filmmaker with a fierce commitment to his craft. He wrote a screenplay for a dark comedy -- Blood, Sweat, and Yayo. It’s his second feature-length script. The story is a dark comedy about a cocaine and LSD abusing white rapper from Atlantic City whose hip hop career mirrors his triumphs and failures on the local Wii tennis circuit. John’s first film was American Jaywalker, a 2009 independent film.
John is marketing his screenplay to get financial backing. Although technological progress has made filmmaking easier, the access to money remains a formidable obstacle for the creative community.
We don’t know what the popular media will be down the road. Right now, Facebook has a good video viewer. The problem is the dilution of your message when it’s mixed with everyone else’s personal messages. You can easily get tossed into the pile. But there’s only so much that branding can do. You need to have a good product.
Like other filmmakers, I’m reaching out to people who want to invest time, money, and resources in my project. Nothing replaces the personal touch. Put a face to the product -- that’s what differentiates you from the competition. You can show your passion for your project in a meeting with a financier, crew, producer, or actor. That’s difficult to do in an E-mail.
A face-to-face meeting is crucial to building a network. But what do you do after the meeting?
A follow-up communication will help solidify the relationship -- letter, E-mail, card. The form will depend on the strength of the relationship and the subject matter of the meeting. The content will be most effective if it conveys enthusiasm succinctly.
The Medium Is Not the Message
david@davidkrell.com
Should a company have a blog, Facebook page, or Twitter account to communicate with customers?
The easy response -- Yes.
The practical response -- Yes, but why do you want it?
If a company does not have a viable communications strategy with defined goals before it jumps on the digital bandwagon, the company will not benefit and will likely suffer. Look before you leap -- a timeless adage.
In my writing workshops, I reinforce this adage with the acronym STOP -- State Theme or Purpose. What is the theme or purpose of the communication? Once you identify it, everything falls into place.
Three years ago, David Harrison founded Harrison Communications in Baltimore after several years of working as a journalist and a public relations executive. He consults with companies on creating, shaping, and evolving their communications strategies.
Three questions that I always ask clients who want a fresh approach to their communications -- What are your objectives? Who is the audience? How are you going to reach the audience to meet your objectives?
One rule of public relations and communications will never change. To get your message out, you must think about how your audience gets its information. Then, ask how your message will affect the people you want to reach. The only thing that’s changed in this proven model is the platform.
A company needs content that does not just inform the public, but gives something to the public. What do they get for being a member of the company’s Facebook group, a follower of the company’s Twitter account, or a reader of the company’s blog? Is the company making their lives more valuable with its content?
How Brands Use Messages
david@davidkrell.com
In my writing workshops, I emphasize the importance of targeting messages.
Who is the audience?
Why do they need to receive your message?
How will the message add value to the message’s receivers?
For a company specializing in branding issues, targeting a message is not merely important -- it’s crucial. Every day brings the incredible challenge of increasing awareness, interest, and sales of branded products in a massively crowded marketplace.
Mastering this challenge begins with creating quality messages that surpass the clutter of information available for trade media, consumers, and licensees.
Earlier this year, Nickelodeon and CBS Consumer Products alumni J.J. Ahearn and Jason Korfine launched Licensing Street -- a boutique licensing and consulting company headquartered in New York City. Licensing Street has a dual focus -- entertainment characters and brands.
Jason breaks down the communication function of Licensing Street into two parts.
There are two pieces -- trade marketing and consumer marketing. Through trade media, we disseminate information to inform licensees of available opportunities. On the consumer side, we’re looking to send information that creates product awareness and drives retail sell-through.
Technology gives Licensing Street and other small businesses the chance to compete effectively for attention to messages -- press releases, corporate announcements, product roll-outs. J.J. counsels strategic thinking in using technology to identify your audience and craft your messages accordingly.
We advise our clients to distribute their messages with a targeted approach rather than a shotgun “spray and pray” approach.
You can do business from anywhere in the world. You can disseminate your message on Facebook, Twitter, LinkedIn, a blog, or a traditional press release. Technology has leveled the playing field. If you have a level playing field, you don’t need a huge budget to send your message. The downside is the potential for your message getting lost in the white noise created by so many other messages. Then nothing breaks through.
Your Writing Is Your Company's Brand
david@davidkrell.com
I am often asked how I chose the title of my writing workshop -- Your Writing Is Your Brand.
The reason is simple. The style, clarity, and effectiveness of your writing will be a shorthand reflection of your value to your clients, colleagues, and competition. But the impact of your writing reaches further than the fulfillment of an assignment.
When you write an E-mail, memorandum, or letter with your company’s name attached, you represent the company -- its reputation, stature, and brand identity.
Last year, I presented my writing workshop for a prominent Texas law firm with offices in Dallas, Fort Worth, Austin, Houston, and San Antonio. After the Dallas presentation, a partner took me aside, complimented me on a valuable workshop, and reinforced the writing-branding concept.
I want the associates to know that when they write something on the firm’s letterhead, they represent more than one hundred years of the law firm’s history. A lot of people worked very hard to build this firm’s reputation. The attorneys here need to appreciate that history when they’re writing briefs and memos.
In the lightning speed world of digital technology, we can easily lose the appreciation of our writing’s importance. Or at least misplace it.
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We use real-life business and legal writing scenarios to reveal effective writing strategies in the Your Writing Is Your Brand™ and Write This Way™ workshops.
The Personal Side of Blogging
david@davidkrell.com
Soozy Miller is a single mother, entrepreneur, and blogger. But she doesn’t write only about her communications consulting business, her hobbies, or her passions. She also reveals a personal side on her blog.
I blog about personal issues, challenges, and experiences. I have two children -- a 5-year-old daughter and a 7-year-old son with ADHD. Frequently, I write about my son’s issues with ADHD and the different approaches I use to handle it. Others have responded to me by asking to join my network on Facebook and Twitter. By growing a support system, I can share my experiences with other people facing similar challenges. I hope to learn their experiences as well. Writing about my personal life is cathartic. And one blog entry will often spark an idea for another blog entry.
In a recent posting on her blog, Soozy told a story that nicely captures the effect of creating a “no television zone” in the house.
My mother had the idea. She has always been an anti-television person. It was her suggestion to turn off the television and we decided to try it because we thought the noises, sounds, and language from the television were negatively affecting the kids’ behavior -- they were disrespectful, whiny, and hyperactive. They also used bad language. The result was amazing.
Regarding her communications consulting, Soozy has an approach that Mr. Spock would admire.
To me, writing is like a puzzle. Very logical. There’s a beginning, a middle, and an end. I love creating and communicating ideas using that formula and figuring out the puzzle. The biggest mistake I see my clients make is using inappropriate language to convey the message -- bad grammar, bad punctuation, and language that is too light when the situation calls for formality and vice versa.
How Is Your Company Using Social Media?
david@davidkrell.com
Social media isn’t just for status updates about waiting in line at Starbucks, watching the baseball playoffs, or running errands. Corporations are taking advantage of the relatively infant social media network to connect directly with customers, enhance branding initiatives, and promote products and services.
General Electric CEO Jeff Immelt highlighted the corporate embrace of social media yesterday at the Web 2.0 Summit in San Francisco -- A Conversation with Jeff Immelt with John Battelle, Founder and Chairman of Federated Media Publishing.
The one thing I’ve learned being a public company CEO for the last couple of years is if you’re not willing to be completely transparent on just about everything you do and if you can’t tolerate life in a world where you’re sharing information openly, where you’re getting input from lots of different people, where they have the ability to critique, criticize, have inputs whether it’s on Health Imagination, Ecomagination, you better find a new profession. This is just a world of transparency, openness, two-way dialogue with your constituents.
How is your company furthering that dialogue?
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Social media can be a cornerstone of a company’s marketing plan if it is used effectively. We reveal effective social media strategies in the Your Writing Is Your Brand™ and Write This Way™ workshops.
Law Firms and Linked In
david@davidkrell.com
Phil Cox founded Global Law Marketing to bring his marketing expertise to law firms that want to increase their presence in the highly competitive legal marketplace. Incorporating the law firm’s brand into an online marketing strategy can be tricky, but it can also be lucrative.
Generally, a law firm does not have an online brand. It has the web site. I want to change that because distinguishing your service goes beyond the web site. The biggest challenge in advising law firms is getting partners to decide on their goals -- where do they want the firm to go and how do they want the firm to get there? They need to plan for it.
Activity needs to be directed towards growing a client base. Blogs, webinars, and free educational breakfasts will be part of an overall marketing strategy. But the firm’s marketing managers and outside advisors must budget and manage the activity properly.
Planning and executing a marketing strategy are twin challenges that are massive, complex, and necessary for law firms. But the vast, untapped resource of the Internet allows solo practitioners to compete with firms possessing deep war chests for marketing. The marketing strategy remains paramount, no matter the firm’s size, specialty, and coffers.
Law firms are not working with social media, generally speaking. I want to change that. The trick is to brand yourself as an expert within a given area. One option is the creation of a group on LinkedIn around that area. You manage the group and drive the knowledge transfer. You don’t want it to be generic. Rather, you want to create a niche topic for a target group. Blogging is also a good marketing tool if you blog about a specific area of law.
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In the interest of full disclosure, Phil contracted me earlier this year to handle the copywriting for the web site of a Global Law Marketing client -- a prestigious, mid-sized law firm based in Mexico City. For more information on my copywriting and consulting services, contact me. -- David
Write On!
david@davidkrell.com
On certain assigned days, America celebrates the contributions of past presidents, veterans, and soldiers who died while protecting our freedoms.
On other assigned days, America celebrates a saint who symbolizes love in February, a saint who represents the Irish in March, and the first day of the year.
Today, America celebrates the written word. By congressional declaration, October 20th is the National Day on Writing. Today also marks the debut of National Gallery of Writing
A day dedicated to writing perfectly reflects technology’s democratization of writing.
E-Mail and texting are on a par with telephone conversation as methods of communicating with friends, colleagues, and family. Blogging captures the thoughts, opinions, and experiences from every walk of life -- from housewives to cat owners to pharmaceutical patent lawyers. Social media allows us to share professional and personal information in small bites.
In business, we write to create a record for our colleagues. During the summer between my first and second years of law school, I was an assistant at a venerable entertainment industry powerhouse --William Morris Agency. I read scripts, provided coverage (showbiz term for ‘plot summary’), and answered phones. I learned the value of writing in business because every piece of paper with the William Morris logo had the motto Put It In Writing.
Put It In Writing became embedded in my philosophy of writing in business -- clarify misunderstandings to eliminate confusion.
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I emphasize clarity in my consulting services and the Your Writing Is Your Brand™ and Write This Way™ workshops. Clarity is invaluable whether you’re writing a speech, business presentation, or blog. -- David
Just Blog It
david@davidkrell.com
Brynn Rovito is a blogger. More appropriately, she is a blawgger. A law student at Brooklyn Law School, Brynn started a blog earlier this year -- One Stick Short of a Bundle. The title is a play on words regarding bundle of rights, a property law theory.
Initially, Brynn focused One Stick Short of a Bundle on the expanding arena of privacy law in digital and social media.
The blog is therapeutic for me. I started the blog because I wanted an outlet. It channels my energy. I can’t sing. I’m not a good actress. I don’t focus on my accolades. I write about legal issues.
In the beginning, I didn’t know what I wanted to write about in the blog. I was conducting research and writing a manual for the New York State Bar Association concerning privacy law. I found that it’s really a new area because of technology. The law can’t keep up with technology. It never did. It never can. It never will.
Brynn is spending her third year of law school in a domestic version of a Study Abroad program -- she is attending The George Washington University Law School in Washington, D.C. and working for the General Counsel of the Sergeant-at-Arms of the United States Senate.
Brynn has not updated her blog in two months, largely because her new duties at the United States Senate require an extraordinary dedication of time, energy, and creativity. But she will continue the blog even if she changes its focus. A blog can distinguish a student in the intense competition for jobs beyond being a cathartic tool.
I was enthusiastic about the privacy area for a while and then I got interested in different areas. Now I’m rethinking the content of the blog. A lot of law students don’t blog because they’re so concerned with being Googled.
One of the reasons I started the blog is because it’s a good conversation piece. People who find out about it want to talk more about it. Most law students don’t even have business cards. A blog is a great way to stand behind your views and put yourself out there. The writing process helps you learn. You’re a little vulnerable. But you put a human face on your background beyond a resume. That’s a good thing.
As for the legal arena, Brynn has an invaluable insight for fellow and future law students based on her academic and real-life experiences.
There’s a difference between being a lawyer and lawyering. Lawyering requires you to know how to talk to people in authority, get stuff done, avoid going to court, and resolve disputes. You have to be able to engage people.
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I work with corporate clients who want to uncover the challenges, benefits, and solutions involved in all steps of blogging -- creating, maintaining, and integrating a blog into the company’s marketing strategy. -- David
Reinventing Your Brand
david@davidkrell.com
Shon Gables is beautiful, talented, and passionate. And she’s determined to achieve success in journalism without complaint despite a rollercoaster personal story including two brutal divorces, a stint on welfare, and the unforgiving politics of television news.
Shon is a local television news anchor and reporter who rose through the traditional ranks to the #1 market -- New York City. After anchoring CBS 2 News This Morning from 2003-2006, Shon left television news to focus on family issues. Now, she is back in the television news arena as a reporter for WPIX-TV News at Ten with a deep resolve to continue her journey of storytelling.
But Shon does not rely solely on an agent, manager, or station to further her career. She utilizes social media as a branding tool to connect with fans, prospective employers, and industry colleagues.
For me, personally, social media is a way of reinforcing my own brand. I can take control of what most television news anchors have been subject to -- the news organizations control your image as well as your content. As talent, you reinforce the station’s brand. Before, my whole brand was going to the station. Now, with social media, I have been able to have some control about how my image is presented. I can also share information about me, like my experiences as a mother or a marathon runner. I can share my trials and tribulations along with my victories and successes.
Defining your professional brand with an expansion of access to your personal story is a delicate maneuver in social media. Whether you are creating, reinforcing, or reinventing your brand, the baseline question is: What do you want people to think about when they think of you?
I write on Facebook and Twitter to share my stories because oftentimes, someone may think he or she is the only person dealing with a certain challenge. I want people to feel inspiration, empowerment, and enthusiasm for pursuing a passion as I’m doing. I went through a rags to riches to rags story after two divorces. I even gave up my television news career temporarily to salvage my second marriage that unfortunately ended in divorce. But I am reinventing myself in an ever-evolving media world.
Tenacity is the most important part of inspiring and empowering yourself to pursue your passion. A ‘no’ is just the next step to a ‘yes.’
Shon Gables’ web site is www.shon-gables.com.
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In the Your Writing Is Your Brand™ and Write This Way™ workshops, we use examples like Shon Gables to illustrate the challenge, importance, and effectiveness of using social media to promote your personal and professional brands. -- David
Steve Wynn and Communication
david@davidkrell.com
Steve Wynn is a business icon, a casino mogul, and the CEO of Wynn Resorts in Las Vegas.
He is also a model for clear, precise, and effective communication.
On October 11, 2009, Mr. Wynn was a guest on FOX News Sunday. He talked about the economy.
Example 1: Define the Problem, Specify the Solution, Provide an Example
In this excerpt, Mr. Wynn defines the root of the economic problem as job creation. He then specifies a solution -- tax policy. Finally, he explains how the solution works. The Define-Specify-Example technique is effective because it details an argument about a complex issue without jargon.
From the day of the inauguration forward, the priority should have been job creation. And the most powerful weapon and the tool that the government has for that is its tax policy. If the government had used its power to restrain its tax collection, they would have given everybody who runs small businesses, large businesses, a chance to hire more people and that could have been done an entirely different way. With eight or nine hundred billion, we could have created four or five million jobs which would have made a big difference.
Example 2: Not A, But B
In this example, Mr. Wynn starts with a negative premise to set up the contrast with his positive premise.
Government has never increased the standard of living of one single human being in civilization’s history. For some reason, that simple truth has evaded everybody. The only thing that creates an increased standard of living is giving someone a job, the demand for their labor -- whether it’s you and I, Chris, or anybody else. The people that are paying the price for this juggernaut of federal spending are the middle class and the working class of America.
Mr. Wynn’s appearance on FOX News Sunday showcases the acumen, common sense, and communication skills that formed the cornerstones of his success.
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In the Your Writing Is Your Brand™ and Write This Way™ workshops, we use interactive exercises to highlight different storytelling techniques. In addition, my consulting services include media coaching. -- David
Did Rush Limbaugh Get Rammed?
david@davidkrell.com
Rush Limbaugh is no longer part of a group bidding to buy the St. Louis Rams.
Mr. Limbaugh’s desire to make a sports investment ignited a media firestorm. The reported outrage, fear, and loathing concerning Mr. Limbaugh’s football passion surpassed recent hot-button issues.
Where was the outrage directed at Whoopi Goldberg? She downplayed Roman Polanski’s actions in 1977 that led to his fleeing the country – sexually assaulting a 13-year-old girl after giving her champagne and Quaaludes.
Goldberg distinguished Polanski’s actions from his ultimate charge – having unlawful sex with a minor. But she did not specify Polanski’s actions. In fact, Polanski performed oral sex in addition to having intercourse with the girl and sodomizing her.
It wasn’t rape-rape.
--The View, ABC, September 29, 2009
Where was the outrage directed at the National Organization for Women (NOW)? NOW apparently holds late night television talk show hosts to a higher moral, ethical, and legal standard than United States presidents.
[C]onsensual sex is not illegal harassment. After all this time and money, it appears Ken Starr has found…nothing more than some sort of consensual relationship between Bill Clinton and Monica Lewinsky.
--Statement of NOW President Patricia Ireland in Response to Reports of Clinton Testimony, August 17, 1998.
As “the boss,” [David Letterman] is responsible for setting the tone for his entire workplace – and he did that with sex. In any work environment, this places all employees – including employees who happen to be women – in an awkward, confusing and demoralizing situation. Letterman’s behavior creates a toxic environment.
--Statement of NOW President Terry O’Neill, Letterman Controversy Raises Workplace Issues for Women, October 6, 2009
Then, there is Mr. Limbaugh. A Limbaugh quote making the rounds concerns the talk show host’s brief appearance as an ESPN football commentator in which he critiques the media attention given to Philadelphia Eagles’ quarterback Donovan McNabb.
Sorry to say this, I don’t think he’s been that good from the get-go. I think what we’ve had here is a little social concern in the NFL. The media has been very desirous that a black quarterback do well. There is a little hope invested in McNabb, and he got a lot of credit for the performance of this team that he didn’t deserve. The defense carried this team.
--Sunday NFL Countdown, ESPN, September 28, 2003
Mr. Limbaugh opined on the NFL’s marketing strategy and McNabb’s ability. ESPN fired him soon after the show’s airing. Now, his statement is front and center fodder for preventing a high-profile investment. It’s characterized as racist. Was it? You make the call.
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In the Your Writing Is Your Brand™ and Write This Way™ workshops, we use real-life examples to highlight potential confusion, mischaracterization, and damage when communicating in the media. In addition, my consulting services include media coaching. -- David
A Case of Miscommunication
david@davidkrell.com
Law Firm Partner: Alright, now what do you need?
Law Firm Associate: I wanted to know the names of everyone associated with this case so I can familiarize myself.
Law Firm Partner: Oh sure.
Law Firm Associate: So what are the names?
Law Firm Partner: Well, Who’s the client, What’s the judge’s name, I Don’t Know is the star witness
Law Firm Associate: That's what I need to know.
Law Firm Partner: I say Who’s the client, What’s the judge’s name, I Don’t Know is the star witness.
Law Firm Associate: You know the names?
Law Firm Partner: Certainly!
Law Firm Associate: Well then who's the client?
Law Firm Partner: Yes!
Law Firm Associate: I mean the client’s name!
Law Firm Partner: Who!
Law Firm Associate: Our client!
Law Firm Partner: Who!
Law Firm Associate: The client!
Law Firm Partner: Who!
Law Firm Associate: The client that we bill!
Law Firm Partner: Who is the client!
Law Firm Associate: Now what are you asking me for?
Law Firm Partner: I'm telling you Who is the client.
Law Firm Associate: Well, I'm asking YOU who's the client!
Law Firm Partner: That's the man's name.
Law Firm Associate: That's who's name?
Law Firm Partner: Yes.
Law Firm Associate: Well go ahead and tell me.
Law Firm Partner: Who.
Law Firm Associate: The client.
Law Firm Partner: Who!
Law Firm Associate: The client.
Law Firm Partner: Who is the client!
Law Firm Associate: Have you got a retainer agreement with the client?
Law Firm Partner: Absolutely.
Law Firm Associate: Who signs the agreement?
Law Firm Partner: Well, naturally!
Law Firm Associate: When the client pays the bill every month, who pays?
Law Firm Partner: Every dollar. Why not? We’re entitled to get paid by the client for our legal work.
Law Firm Associate: Who pays?
Law Firm Partner: Yes. Sometimes his bookkeeper handles the payment.
Law Firm Associate: Who's bookkeeper?
Law Firm Partner: Yes.
Law Firm Associate: All I'm trying to find out is what's the name of our client.
Law Firm Partner: Oh, no - wait a minute, don't mix apples and oranges. What is the judge’s name.
Law Firm Associate: I'm not asking you who’s the judge.
Law Firm Partner: Who is the client.
Law Firm Associate: I don't know.
Law Firm Partner: He's the star witness. We’re not talking about him.
Law Firm Associate: Now, how did I get on the witness stand?
Law Firm Partner: You mentioned his name!
Law Firm Associate: If I mentioned the star witness, who is he?
Law Firm Partner: No - Who's the client.
Law Firm Associate: Never mind the client - I want to know what's the name of the star witness.
Law Firm Partner: No - What's the name of the judge.
Law Firm Associate: I'm not asking you who the judge is.
Law Firm Partner: Who's the client.
Law Firm Associate: I don't know.
Law Firm Partner: He's the star witness.
Law Firm Associate: Aaah! Would you please stay with the star witness!
Law Firm Partner: What was it you wanted?
Law Firm Associate: Now who's the star witness?
Law Firm Partner: Now why do you insist on putting Who on the witness stand?
Law Firm Associate: Why? Who am I putting over there?
Law Firm Partner: Yes. But we don't want him there.
Law Firm Associate: What's the name of the star witness?
Law Firm Partner: What is the judge’s name.
Law Firm Associate: I'm not asking you who's the judge.
Law Firm Partner: Who's the client.
Law Firm Associate: I don't know.
Law Firm Partner & Associate: STAR WITNESS!
Law Firm Associate: Are there other people assigned to this case?
Law Firm Partner: Oh yes!
Law Firm Associate: The paralegal’s name?
Law Firm Partner: Why.
Law Firm Associate: I don't know, I just thought I'd ask you.
Law Firm Partner: Well, I just thought I'd tell you.
Law Firm Associate: Alright, then who is the paralegal?
Law Firm Partner: Who is the client.
Law Firm Associate: I want to know what's the paralegal’s name.
Law Firm Partner: What's the judge’s name.
Law Firm Associate: I'm not asking you who's the judge.
Law Firm Partner: Who's the client.
Law Firm Associate: I don't know.
Law Firm Partner & Associate: STAR WITNESS!
Law Firm Associate: The paralegal’s name?
Law Firm Partner: Why.
Law Firm Associate: Because!
Law Firm Partner: Oh, he’s second chair.
Law Firm Associate: Look, do you have a first chair, someone to lead the team?
Law Firm Partner: Now wouldn't this be a fine team without a leader.
Law Firm Associate: The lead attorney’s name?
Law Firm Partner: Tomorrow.
Law Firm Associate: You don't want to tell me today?
Law Firm Partner: I'm telling you now.
Law Firm Associate: Then go ahead.
Law Firm Partner: Tomorrow.
Law Firm Associate: What time?
Law Firm Partner: What time what?
Law Firm Associate: What time tomorrow are you going to tell me who's the lead attorney?
Law Firm Partner: Now listen. Who is not the lead attorney. Who is…
Law Firm Associate: Aaauugh! With all due respect, I just want to know what’s the name of the lead attorney.
Law Firm Partner: What's the name of the judge.
Law Firm Associate: I don't know.
Law Firm Partner & Associate: STAR WITNESS!
Law Firm Associate: Do you have another junior attorney, someone to help coordinate the deadlines?
Law Firm Partner: Oh, absolutely.
Law Firm Associate: The junior attorney’s name.
Law Firm Partner: Today.
Law Firm Associate: Today. And Tomorrow's the lead attorney.
Law Firm Partner: Now you've got it.
Law Firm Associate: All we've got is a couple of days on this matter.
Law Firm Partner: Well, I can't help that.
Law Firm Associate: Well, I'm an attorney, too.
Law Firm Partner: I know that.
Law Firm Associate: Now suppose that I'm helping out on this matter. Tomorrow asks me to send some information to the client.
Law Firm Partner: Yes.
Law Firm Associate: Tomorrow gives me the information. Now, since I pay attention to detail, I make sure we have a copy in the case file and I send the originals to who?
Law Firm Partner: Now that's the first thing you've said right.
Law Firm Associate: I don't even know what I'm talking about!
Law Firm Partner: Well, that's all you have to do.
Law Firm Associate: Is to send the information to the client.
Law Firm Partner: Yes.
Law Firm Associate: Now who's got it?
Law Firm Partner: Naturally!
Law Firm Associate: If I send it to the client’s office, now who receives it?
Law Firm Partner: Naturally!
Law Firm Associate: Who receives it?
Law Firm Partner: Naturally.
Law Firm Associate: Who?
Law Firm Partner: Naturally!
Law Firm Associate: Naturally.
Law Firm Partner: Yes.
Law Firm Associate: So I assemble the information and send it to Naturally.
Law Firm Partner: NO, NO, NO! You send the information to the client’s office and Who gets it.
Law Firm Associate: Naturally.
Law Firm Partner: That's right. There we go.
Law Firm Associate: So I assemble the information and send it to Naturally.
Law Firm Partner: You don't!
Law Firm Associate: I send it to who?
Law Firm Partner: Naturally.
Law Firm Associate: THAT'S WHAT I'M SAYING!
Law Firm Partner: You're not saying it that way.
Law Firm Associate: I said I send the information to Naturally.
Law Firm Partner: You don't - you send it to Who?
Law Firm Associate: Naturally!
Law Firm Partner: Well, say that!
Law Firm Associate: THAT'S WHAT I'M SAYING! I send it to who?
Law Firm Partner: Naturally.
Law Firm Associate: Ask me.
Law Firm Partner: You send the information to Who?
Law Firm Associate: Naturally.
Law Firm Partner: That's it.
Law Firm Associate: SAME AS YOU!! I send the information to the client’s office and who gets it?
Law Firm Partner: Naturally!
Law Firm Associate: Who has it?
Law Firm Partner: Naturally!
Law Firm Associate: HE BETTER HAVE IT! I send the information to the client. Whoever it is responds to us, so we can get more information to support our brief. We send our brief to What, What lets us know his decision, and we tell I Don’t Know the date of his appearance.
Law Firm Partner: Yes.
Law Firm Associate: Another client walks in the door with a complex matter. It looks like a good case Because. Why? I don't know. He's the star witness and I don't give a darn!
Law Firm Partner: What was that?
Law Firm Associate: I said I don't give a damn!
Law Firm Partner: Oh, that's the opposing counsel.
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How much time is your team costing you because of miscommunication? The “Who’s the Client” situation may be extreme, but I have heard of similar scenes taking place in offices. Your Writing Is Your Brand™ and Write This Way™ presentations decrease the risk of miscommunication and increase productivity. Click here to find out how to bring the presentations to your company, law firm, or organization! -- David
A Social Media Marketing Story
david@davidkrell.com
Rachel Levy is a Boston-based marketer who reinvented her personal brand. She built a go-to person status in social media marketing by embracing the challenge of mastering the intricacies of social media. The reinvention has resulted in consulting with corporate clients, blogging at www.rachel-levy.com, and Tweeting to thousands of followers as BostonMarketer.
The road to reinvention began on a different path -- job search.
I didn’t know a lot about social media, but I felt that I should know it from a business perspective. The job search transitioned into consulting for clients. I added another layer to my marketing skills.
Her marketing skills were already formidable from experience at Jim Beam Brands, Kraft Foods, and Jewish Community Centers of Greater Boston. The experience is vital to Rachel’s keen understanding of social media. Where others see social media as a mere novelty, Rachel sees it as an extraordinary marketing opportunity for corporate America. Unfortunately, the opportunity may be missed.
Social media is a tool for the marketing tool belt. But companies have a lot of room to be more effective in how they utilize Facebook, Twitter, and other social media and networking web sites. They might not view social media as an integral part of a marketing strategy because social media is relatively new. They need to be willing to invest time in developing a strategy.
Once a company develops, refines, and implements a social media strategy, another challenge will manifest. How do you measure effectiveness?
Companies will change measurement tools. Instead of cost per impression, the measurement may be cost per engagement or cost per conversation. The cost will be rooted in time and salary, not a dollar amount in the advertising budget.
To learn more about Rachel Levy’s social media insights, go to her web site at www.rachel-levy.com and follow her on Twitter at www.twitter.com/BostonMarketer.
Be Your Own Columbus
david@davidkrell.com
Today is Columbus Day, the day on which we honor a great explorer -- Christopher Columbus. But a friend of mine pointed out that we are all explorers of a different kind when we begin a new job.
My friend says that starting a new job is akin to landing on the shores of an unfamiliar land. An explorer who wants to become a member of the land’s tribe must learn the tribal customs, laws, and relationships.
At first, the tribe’s chief may assign a tribal guide to indoctrinate the new tribe member. The first lesson will cover the tribe’s geographic territory. In this lesson, the new tribe member finds out the tribe’s territorial limits along with the names of the tribe members assigned to each part of the territory.
The tribal guide will likely introduce the tribe members. An explanation will follow concerning their functions respectively within the tribe.
After this introductory phase, another tribal guide will explain the financial restrictions on the income distributed to the tribe members because of governmental laws superseding those of the tribe.
If the new tribe member is fortunate, the tribe will provide a plan that allows members to set aside a percentage of income and invest it so that the members may retire from the tribe in comfort. An additional value in some tribes is the provision of a health insurance program. In this program, each member contributes a small percentage of income and the tribe contributes a standard amount so that members’ medical bills can be covered.
At this point, the tribal chief or another tribe leader assigned to supervise the new tribe member will fully explain the responsibilities concerning the member’s newfound commitment to the tribe.
The new tribe member listens carefully and asks questions to eliminate misunderstandings, ambiguities, and mistakes. Clarity is the goal of the new tribe member because unfamiliarity with the land, tribe members, and customs is a mere challenge, not an insurmountable obstacle.
In particular, the new tribe member serves himself or herself well by making inquiries regarding communication. Whether communicating within the tribe or with members of other tribes, the tribal customs of this particular function may be intricate. In turn, understanding the language, methods, and devices of communication is a cornerstone of contributing significantly to the tribe’s benefit.
Resistance to mastering the tribe’s communication rules is futile if the new tribe member wants to succeed. Increased resistance from the new tribe member reflects ignorance, arrogance, and miscommunication. Consequently, the resistance will trigger a significant risk of offending the tribe members, the chief, and the tribes of other lands. As offenses increase, multiply, and compound, the cost of keeping the new tribe member may outweigh the benefit. Result -- excommunication from the tribe.
Assimilation or excommunication. The choice is clear for any explorer who wants to be a member of the tribe. Columbus. The Pilgrims. Even Dora.
Top Ten Reasons To Reconsider Keeping A Diary
david@davidkrell.com
From the home office in Jersey City, the Top Ten reasons to reconsider keeping a diary:
10. Anything you write can and will be used in a late night television show monologue.
9. Memories are subject to haziness. Written documents are subject to subpoena.
8. Write it on Twitter -- How much damage can you do with 140 characters?
7. The U.S. Surgeon General says that keeping a diary may be hazardous to your reputation.
6. Write in the diary only if you change its name to Journal of Correspondence with My Attorney for attorney-client privilege.
5. Ok, keep the diary. What are the chances someone else will read it?
4. You cannot delete hard copies -- keep it on a computer.
3. Just tell people it is a novel.
2. Dear Diary, You’ll never believe who’s the biggest news story!
1. Isn’t a Status Update on Facebook enough?
E-Mail Salutations and Signatures
david@davidkrell.com
Yesterday, I sent an E-mail to friends and colleagues. It concerned the importance of taking time at the beginning of a project to fully understand the project’s purpose. I turned the E-mail into a blog entry -- Accuracy Is Massive Speed (October 8, 2009).
A former colleague wrote me immediately. Please remove me from this listserv ASAP.
In my Your Writing Is Your Brand™ and Write This Way™ workshops, I preach the values of the three C’s -- CLEAR CONCISE COMMUNICATION.
Without question, my former colleague’s message is clear and concise. There is no room for debate, ambiguity, or misunderstanding. The E-mail is an excellent effective communication example.
What about the risk, however, of being abrupt, discourteous, and disrespectful? Sure, my colleague used the magic word please that we all learned in pre-school.
But the absence of a salutation or informal signature in a personal E-mail is curious, perhaps abrupt. Discourteous, perhaps disrespectful. The absence is compounded when the sender is someone whom you know, someone with whom you worked for more than a year.
Accuracy Is Massive Speed
david@davidkrell.com
One of the biggest complaints I hear from law firm partners and corporate managers concerns the amount of time they spend rewriting their subordinates’ work. Time is money. It is lost money when partners and managers cannot work on their own projects because they are rewriting or editing the team’s projects at an abnormal pace.
Because of this problem, I now incorporate the acronym AIMS in my Your Writing Is Your Brand™ and Write This Way™ presentations. AIMS stands for Accuracy Is Massive Speed.
In the digital world where we are accessible 24/7, we tend to act as a hockey goalie. We deflect by responding to messages, assignments, and questions rather quickly, but not always accurately. Why? Most probably because we have a mountain of E-mail messages in our Inbox. Like Whack-A-Mole, no matter how fast you swing the mallet of response, more messages will appear.
By taking a step back and analyzing what needs to be done rather than responding instinctively, we may sacrifice some time at the beginning. But effective time management is not about getting things done quickly, it’s about getting things done correctly. We will likely eliminate our partner or manager’s potential questions by clearly understanding the purpose of our writing. Our response should reflect our accurate understanding. In turn, clarification before writing will reduce the likelihood of a partner or manager needing to rewrite our work, rather than simply review it.
Final result: A drastic reduction in the time required to complete projects. Accuracy is massive speed.
Dear Diary
david@davidkrell.com
In today’s edition of The New York Times, columnist Maureen Dowd pointedly targets Stephanie Birkitt and Monica Lewinsky in the Op-Ed piece entitled Men Behaving Madly. Both worked for and had affairs with powerful men -- Birkitt and David Letterman, Lewinsky and President Bill Clinton.
The main thing Letterman and Clinton had in common was that the danger of a secret affair exploding is enhanced when the staffer is immature enough to scrawl confessions in her diary, as Birkitt did, or go prattling to a prat like Linda Tripp.
Why is the act of keeping a diary or daily journal contrary to maturity? Presidents keep diaries. CEO’s keep diaries. The diary reflects immediate impressions, thoughts, and feelings. Once time passes, the freshness of the memory fades. But an immediate record can be invaluable for analysis of the events, refreshing of the memory, and posterity for the future.
In 1964, Bob Greene was a 17-year-old kid growing up in Bexley, Ohio. He kept a diary during the entire year. In 1987, he reconstructed it. The result was Be True To Your School, a book that is timeless because the issues facing teenagers are timeless -- first jobs, dating, school. After Greene became a newspaper columnist, he chronicled the first year of fatherhood in his book Good Morning, Merry Sunshine.
Again, where’s the immaturity?
Ms. Dowd also says that Birkitt scrawled confessions. Dictionary.com poses two definitions for the root word scrawl:
1. To write or draw in a sprawling, awkward manner.
2. To write awkwardly, carelessly, or illegibly
Absent a reading of the diary in question, how can Ms. Dowd make a value judgment on Ms. Birkitt’s writing? Further, the word confessions implies that the confessor committed an act of malfeasance, corruption, or wrongdoing. Is Ms. Dowd making a value judgment on Ms. Birkitt’s relationship with David Letterman?
Regarding Ms. Dowd’s commentary on Ms. Lewinsky, Dictionary.com offers two definitions for prattling:
1. To talk in a foolish or simple-minded way; chatter; babble
2. To utter by chattering or babbling
Fact. Monica Lewinsky confided the specifics of her relationship with President Clinton with someone she believed to be her friend -- Linda Tripp.
Fact. Monica Lewinsky expected Linda Tripp to keep their conversations private.
Fact. Linda Tripp taped at least one telephone conversation with Monica Lewinsky. The conversation showed a hysterical Lewinsky in severe emotional crisis relying on Tripp.
Where was the babbling, again?
Words should and do have meaning attached to them. Oftentimes, we mistake, misuse, and misunderstand the meaning. But for professionals who use words and language in their careers, they do not often make those errors. Ms. Dowd tagged Ms. Birkitt and Ms. Lewinsky with her choice of words. The tagging is undeserved, unwarranted, and unfair.
Then again, perhaps this blog entry is merely immature scrawling and prattling. You make the call.
The $64,000 Social Media Question: What Does My Client Want?
david@davidkrell.com
Social media ‘experts’ have a lot to say about the power of Facebook and Twitter for corporate America. Phrases or variations thereof that you may have heard in the past year:
Micro-target your potential customers.
Reinforce your brand.
Build your network.
Optimize your digital presence.
But the self-proclaimed experts are missing, ignoring, or downplaying a vital aspect of social media for the corporate user -- asking customers and clients what they want.
When was the last time you asked your customers and clients these questions regarding your corporate Facebook page and Twitter postings (or Tweets)?
What information do you want?
How will you use the information?
How can we make your life easier in presenting the information?
The premise is simple, yet it suffers ignorance. Find the needs of your customers and clients, then address those needs.
Imagine the power of a clear, directed, and effective message tailored to the needs of your customers or clients on your company’s Facebook page and Tweets.
Now imagine that power remaining unrealized because of priorities that have nothing to do with crafting effective communications for the customers or clients but everything to do with slick marketing directives, phrases, and goals.
If the customer or client comes first, then why aren’t companies focusing on them first in developing a corporate social media communications strategy?
What Is A Social Media Specialist?
david@davidkrell.com
First, there were web sites.
Then, there were blogs.
Now, there is social media.
It’s all the rage. Reaching out to long-lost friends on Facebook. Acquiring new followers on Twitter.
And with every new rage come people who deign themselves specialists. They claim to understand how to navigate the path to potential, profit, and prosperity.
But what is a social media specialist? Does having 5000 friends on Facebook qualify someone as a specialist? Does having 50,000 followers on Twitter qualify someone as a specialist?
Answer to Question #1: No.
Answer to Question #2: No.
For businesses, using social media effectively requires a true understanding of the dynamics involved in crafting a message, not merely understanding how the technology of social media works. Social media provides a great opportunity to target and micro-target the desired audience and, in turn, potential customers.
Think of your message as a liquid. So far, you have poured the liquid into a variety of containers -- press releases, billboards, print advertisements. Social media is simply another container. And although the message may be altered to fit certain conventions of the media in question, the heart of the message will remain the same.
Understanding the fundamentals, idiosyncrasies, and challenges of social media will be paramount. But that understanding must be coupled with communications expertise. An effective social media specialist is a communications specialist. Someone who knows how to define, articulate, and communicate a message.
Baseball In A Word
david@davidkrell.com
The courage of Lou Gehrig.
The toughness of Ty Cobb.
The determination of Nolan Ryan.
The boyishness of Mickey Mantle.
The command of Harmon Killebrew.
The dignity of Hank Aaron.
The athleticism of Willie Mays.
The power of Babe Ruth.
The poise of Jackie Robinson.
The proficiency of Frank Robinson.
The agility of Brooks Robinson.
The generosity of Roberto Clemente.
The concentration of Tom Seaver.
The pride of Reggie Jackson.
The self-respect of Derek Jeter.
The force of Sandy Koufax
The consistency of Don Drysdale.
The intensity of Pete Rose.
The elegance of Ted Williams.
The skill of Willie McCovey.
The humor of Yogi Berra.
The creativity of Billy Martin.
The effectiveness of Stan Musial.
The speed of Rickey Henderson.
The formality of Joe DiMaggio.
The authority of Bob Gibson.
The mind of Johnny Bench.
The clout of George Brett.
The velocity of Bob Feller.
The bravery of Roy Campanella.
The assertiveness of Leo Durocher.
The strength of Duke Snider.
The passion of Tommy Lasorda.
The amusement of Satchel Paige.
The control of Rod Carew.
The integrity of Tony Gwynn.
The dominance of Josh Gibson.
The might of Hank Greenberg.
The longevity of Al Kaline.
The character of Cal Ripken, Jr.
The energy of Lou Brock.
The wisdom of Sparky Anderson.
The patience of Joe Torre.
The shrewdness of Casey Stengel.
The legend of Ebbets Field.
The grandeur of Yankee Stadium.
The love of the Brooklyn Dodgers.
The history of the New York Yankees.
The potency of Mike Schmidt.
The flamboyance of Bill Veeck.
It's 10:00 am. Do you know where your employees are?
david@davidkrell.com
It’s 10:00 am. Do you know where your employees are?
There’s a strong chance they’re on Facebook or Twitter.
I would say MySpace, but that’s so 2007.
Even if your company blocks access to social media web sites, your employees can still access the sites through an iPhone or a BlackBerry.
The natural question to ask is: What are my employees writing on Facebook and Twitter?
The practical question to ask is: How are my employees’ postings going to affect my business?
To be sure, most postings will probably be benign.
Looking forward to the weekend.
Long business trip ahead. Busy packing.
The kids want a dog. We’re in negotiations.
But what happens when the postings are offensive, unwarranted, and violative of the precept that what goes on in the office stays in the office?
I can’t believe I partied so hard last night. Massive hangover. Totally not doing any work today.
The people on my team are idiots. Suffered through their moronic ideas in the weekly staff meeting.
As usual, my boss doesn’t listen to my view about the client. As usual, I get blamed when her strategy fails.
An argument can be made that a person’s postings on Facebook and Twitter are private. But an equally valid argument can be made that if a person’s postings negatively affect the company, then the company has a stake. Because of the infant nature of social media, companies are in relatively unchartered territory.
To begin, three questions need to be asked regarding employees’ use of social media web sites.
What is your company’s policy?
How will your company monitor employees’ postings?
If we do not enact a policy and adhere to it, how can business be affected?
Don't Bury the Lead
david@davidkrell.com
I recently attended an event at a world-famous sports arena. Upon leaving, I noticed a glossy flyer describing the arena's charity.
Unfortunately, I also noticed the flyer's content.
It buried the lead.
For this exercise, let's call the charity and arena XYZ Charity and Sports Arena respectively. Because XYZ Charity focuses on children, you would think the lead sentence would read something like this: XYZ Charity helps children in need.
Instead, the rather cold language on the actual flyer reads: XYZ Charity is a 501(c)(3) non-profit charity that works closely with all areas of Sports Arena, including [list of teams and television subsidiaries] "to make dreams come true for kids in crisis."
By the time I got through the 501(c)(3) designation and the list of a half-dozen areas of the Sports Arena, I was confused.
The message of helping kids got lost in the corporate-speak. The message I received was the number of organizations related to Sports Arena and an IRS label, not the inspiration I'm sure XYZ Charity wanted to trigger in me and other patrons.
The first sentence in writing -- any writing -- will set tone, attract interest, and create curiosity concerning the rest of the message. Take a cue from good news writing. Make the lead enticing so that the reader will want to read further.
Corporate Communications and Social Media
david@davidkrell.com
Social media -- media where consumers, customers, and curiosity quenchers can interact with producers, distributors, and creators -- is here to stay.
Companies must adapt to the new paradigm of social media or otherwise increase the risk of damaging consumer relationships in an already fragile economy. The challenge intensifies if the company owns brands that rely on a personal relationship with the consumer, for example, children's entertainment.
Parents make the ultimate purchasing decision regarding children's entertainment in the household. Companies attempt to reach these consumers by investing time, money, and personnel resources to create elaborate product launches, marketing campaigns, and public relations strategies.
These methods all have their place in creating anticipation, building loyalty, and maximizing awareness. Old school methods communicate messages to media in the traditional sense, usually trade magazines (Hollywood Reporter, Ad Week) and consumer magazines (Parents).
Social media, however, allows the company to communicate directly with the consumer.
For example, a blog gives the company terrific flexibility in consumer relationships. In our scenario of a children's entertainment company, a blog can reinforce the company's brand values and reflect the parents' values. Because a blog may have opportunity for comments, the communication becomes a conversation directly with parents in the language they speak instead of the rather dry language used for press releases.
Additionally, a blog can provide information about children's safety, health, and education to reinforce the company's image of understanding the complex challenges involved in improving children's well-being.
Facebook also allows the company to build, maintain, and increase customer awareness of its brands. Besides giving information about the company's products, the company can create fun quizzes for the parents to find out which of the company's franchise characters match their respective personalities. Parents were once kids, too!
Also, when parents become Facebook fans of a character or the company, then the company has another outlet for immediate communication to customers.
Through awareness comes interest. Through interest comes decision. Through decision comes action. If this cycle is successfully repeated, customer loyalty increases.
Twitter requires more active maintenance of communications. In short, rapid-fire bursts of 140 words or less, the company can keep "followers" informed of deals, upcoming product launches, and reviews.
The responsibility for maximizing the value of social media falls squarely on the corporate communications team. The team needs to be proficient in three key areas:
1) History
Because the corporate communications staff comprises the "face" of the company in communicating with the media, staff, and consumers, it must show deep knowledge about the company. It begins with the history, particularly when the company revives brands. For example, when Warner Brothers released the film Batman in 1989, it was the first major relaunch of the property since the 1960's television show Batman starring Adam West. Warner Brothers heavily promoted the rich history of the Batman property in comic book reissues, press releases, and news stories.
Accumulating knowledge about a company's property is a deep challenge. Institutional memory fades with layoffs, cutbacks, and lateral moves within the industry. Corporate communications staff must build its own institutional memory through a variety of sources. In the entertainment industry, for example, fan sites, books, and previous press releases will be helpful in addition to the memory of long-time employees who still work for the company.
However, all information must be vetted. Trust but verify. No corporate communications staff member wants to be challenged because the information represented is false, incomplete, or misleading.
2) Listening
Corporate communications staff will represent the company's message, brand, and values to consumers, trade media, and mass media. However, different divisions in the company will have different priorities. Consequently, the elusive skill of active listening is an invaluable asset. Corporate communications professionals must incorporate the needs of the respective divisions and the company as a whole in its communication strategies.
3) Crafting a Message
Ultimately, the corporate communications team will have to craft a message. It can be a speech by the CEO to an industry group. It can be a press release touting a product launch. It can be an update about deals on Twitter.
Whatever the media, the corporate communications team needs to have a plan for each avenue of communication. What is the objective of sending the message? Who will be the voice of the company? What is the crisis communication plan?
Additionally, avenues of communication exist beyond courting editors in old media and consumers in digital social media. Executives can speak at industry conferences, author scholarly and mainstream articles in industry media, and speak to consumers at the grass roots level -- Kiwanis Club, Rotary Club, PTA, et. al.
In every case, though, corporate communications staff must have the writing, speaking, and networking skills necessary to ensure the message it sends is the message received.
Peace Is Conflict Management
david@davidkrell.com
When I was a senior in college deciding where to attend law school, I visited Pepperdine University School of Law in Malibu, California. An invitation from Pepperdine for an orientation triggered the visit. My knowledge of the area consisted of Baywatch frequently showing scenes from Malibu and Pepperdine hosting the classic sports event Battle of the Network Stars.
My first solo trip -- no family or friends. I only vaguely remember the cross-country plane ride, the hotel, and the Pepperdine faculty whom I met.
Although I did not ultimately attend Pepperdine, I did learn a valuable lesson during the orientation. A faculty member closed his presentation on lawyers and negotiation by saying, Peace is not the absence of conflict. Peace is the management of conflict.
When I was an in-house counsel at an entertainment company, a gentleman approached the company with artwork of a famous character owned by the company. His father created the artwork for character merchandise in the 1940's. Although the artwork was in pristine condition, we clarified, emphasized, and repeated our intellectual property rights to the character. Translation: You can't merchandise this artwork without our permission. Corollary: Let's make a deal.
Managing the conflict led to a deal. The client did not have intellectual property rights. The company did not have the artwork. Neither side could exploit the artwork without the consent, compromise, and acknowledgement of each other.
Consider this fictional scenario with real-life implications, counterparts, and challenges. A fictional character is the subject of a short story written as a promotional giveaway for a department store in 1945. A song written about the character debuts in 1950. A 1965 cartoon featuring the character and the song becomes the best-known incarnation of the character. The beginning credits indicate the cartoon is based on the song.
If the company owns the copyright to the cartoon but the songwriter's heirs own the rights to the song upon which the cartoon bases, then who has the merchandising rights to the cartoon version of the character? Logically, one would think the company that owns the cartoon will control the merchandising rights associated with it.
Each side will stake its claim to rights through torturous, sometimes byzantine avenues of legal argument, theory, and chains-of-title. In some cases, original contracts may not exist. So, the challenge intensifies because the starting point for rights clarification begins not at the beginning but at the date of the first existing document -- contracts, letters, memoranda, affidavits, court filings.
Let's say a licensee approaches the company with a deal for a snow globe featuring the character. A week later, the licensee revises the deal proposal to include a turnkey that plays the aforementioned song. What was once a standard licensing deal now becomes more complex. If you are the attorney for the company, do you notify the owners of the song? If so, who will be responsible for quality control of the product? What will the royalty breakdown be between the company and the song owners? Who will be the point person responsible for negotiating with the licensee? These vital questions have the undercurrent of conflict that must be addressed, clarified, and managed if each side wants to realize a deal.
Again, peace is not the absence of conflict. Peace is the management of conflict. For either side, management of a business relationship requires traits beyond legal and business acumen -- stamina, people skills, quest for compromise where each side will benefit. These are the traits they don't tell you about in law school. Some lawyers are born with them. Some lawyers acquire them. Some lawyers ignore them, ultimately to the detriment of their relationships with other members of the bar.
Consider the case of Leonard Goldenson as an example of excellence in conflict management. In 1953, Leonard Goldenson was an entertainment lawyer who bought a ragtag group of stations from Life Savers king Edward Noble and built it into the powerhouse television network ABC.
Because the entertainment industry's engine relies on the fuel of content, Mr. Goldenson had to be nimble, creative, and courageous in taking risks.
In the early 1950's, Walt Disney needed seed money for his dream project -- Disneyland. No studio or bank would invest in Disney's idea.
Leonard Goldenson needed product for ABC. The two moguls struck a deal. ABC invested in Disneyland and Walt Disney provided the shows Disneyland and The Mickey Mouse Club.
The conflict for Disneyland was lack of money vs. innovative entertainment. The conflict for ABC was lack of product vs. already established networks NBC and CBS. By acknowledging their respective conflicts, each side managed them effectively. Each side needed something from the other. And each side agreed to fulfill those needs.
Leonard Goldenson and ABC also struck a deal with Warner Brothers to produce television shows for ABC. Before the deal, no movie studio wanted to touch television. At the time, they viewed television as a threat, not an opportunity. Leonard Goldenson knew different.
Warner Brothers created shows revolving around young, hip private detectives with character crossovers a common occurrence. They became signature shows for ABC in the late 1950's and early 1960's -- 77 Sunset Strip, Hawaiian Eye, Bourbon Street Beat, Surfside Six.
The conflict for Warner Brothers was embracing the new medium of television vs. letting a competitor get a potential jump start. The conflict for ABC was mirroring the already established programming paradigm of NBC and CBS vs. trying something new for a younger demographic.
The Power of a Handshake
david@davidkrell.com
Social media is a necessity for networking in the digital age.
From microblogging on Twitter to posting on Facebook to making connections on Linked In, social media allows us to exponentially expand our network with a few keystrokes.
Sometimes the old-fashioned way works, too. Nothing replaces face-to-face conversation, handshakes, and body language.
When I attended the International Trademark Association Annual Meeting last month in Seattle, I was part of a group approximately 7500 strong. Like other trade association conferences, the pace is challenging.
From early morning to late night, I created new connections, reinforced existing relationships, and cultivated new business. I met people at workshops, seminars, and after-dinner parties in a continuous loop during the course of a few days.
And the conversations all began with a handshake.
I got an assignment to write an article about legal writing through a chance meeting with an editor from Marcasur, a Latin American intellectual property law magazine. She asked about Write This Way and the conversation ended with the assignment.
I learned about an article in need of an author for The Trademark Reporter, INTA's scholarly journal. Topic -- Trademarks in Virtual Worlds. My discovery came through a conversation with a friend at a Mariners game. My friend is a premier intellectual property litigator and a member of the editorial staff at The Trademark Reporter. I immediately volunteered to write the article about this relatively new phenomenon.
A couple of hours before the Mariners game, I attended a cocktail hour for the media. Since I had an extra ticket in my block of tickets for the game, I invited a law firm marketer whom I met at the cocktail hour. He and I are having lunch today to discuss a potential web site copywriting project involving one of his international intellectual property law firm clients.
At the same cocktail hour, I met a British legal journalist who later agreed to be a member of the writing workshop I will moderate at the INTA 2010 Annual Meeting in Boston.
I also connected with an already existing contact who graciously arranged to send the materials for the Write This Way CLE workshops to the decision makers at her downtown Manhattan law firm. Getting in front of the decision makers is the first step to creating new business. To be fair, our conversation in Seattle took place via E-Mail, however, we first met a couple of years ago at a legal seminar -- not by following each other on Twitter, friending each other on Facebook, or joining each other's network on Linked In.
To be sure, those actions have a definite place in networking. One ignores social media at his or her peril in the digital age.
But don't discount the power of a handshake.
Reagan's D-Day Speech
david@davidkrell.com
Today marks the 65th anniversary of D-Day -- June 6, 1944.
D-Day was an extremely significant turning point of World War II. The name "D-Day" is a military code name for the day the Allied forces executed Operation Overlord -- the invasion of the beachheads in Normandy, France. The code names for the beaches were Utah, Omaha, Sword, Juno, Gold.
To mark the 40th anniversary of D-Day on June 6, 1984, President Reagan gave one of the all-time greatest speeches at Normandy, famously known as the Boys of Pointe du Hoc speech. Peggy Noonan was the speechwriter.
From a storytelling standpoint, Noonan's words vividly recreate the circumstances of D-Day, detail the bravery of the Allied soldiers, and capture the sentiment of ending war.
From a technical standpoint, Noonan's words reflect a classic technique throughout the speech -- write in threes. It's a lesson in speechwriting.
Below is a copy of the speech. I have bolded the words and phrases that appear in a trio.
==============================================================
We're here to mark that day in history when the Allied armies joined in battle to reclaim this continent to liberty. For 4 long years, much of Europe had been under a terrible shadow. Free nations had fallen, Jews cried out in the camps, millions cried out for liberation. Europe was enslaved, and the world prayed for its rescue. Here in Normandy the rescue began. Here the Allies stood and fought against tyranny in a giant undertaking unparalleled in human history.
We stand on a lonely, windswept point on the northern shore of France. The air is soft, but 40 years ago at this moment, the air was dense with smoke and the cries of men, and the air was filled with the crack of rifle fire and the roar of cannon. At dawn, on the morning of the 6th of June, 1944, 225 Rangers jumped off the British landing craft and ran to the bottom of these cliffs. Their mission was one of the most difficult and daring of the invasion: to climb these sheer and desolate cliffs and take out the enemy guns. The Allies had been told that some of the mightiest of these guns were here and they would be trained on the beaches to stop the Allied advance.
The Rangers looked up and saw the enemy soldiers—the edge of the cliffs shooting down at them with machine guns and throwing grenades. And the American Rangers began to climb. They shot rope ladders over the face of these cliffs and began to pull themselves up. When one Ranger fell, another would take his place. When one rope was cut, a Ranger would grab another and begin his climb again. They climbed, shot back, and held their footing. Soon, one by one, the Rangers pulled themselves over the top, and in seizing the firm land at the top of these cliffs, they began to seize back the continent of Europe. Two hundred and twenty-five came here. After 2 days of fighting, only 90 could still bear arms.
Behind me is a memorial that symbolizes the Ranger daggers that were thrust into the top of these cliffs. And before me are the men who put them there.
These are the boys of Pointe du Hoc. These are the men who took the cliffs. These are the champions who helped free a continent. These are the heroes who helped end a war.
Gentlemen, I look at you and I think of the words of Stephen Spender's poem. You are men who in your "lives fought for life . . . and left the vivid air signed with your honor."
I think I know what you may be thinking right now—thinking "we were just part of a bigger effort; everyone was brave that day." Well, everyone was. Do you remember the story of Bill Millin of the 51st Highlanders? Forty years ago today, British troops were pinned down near a bridge, waiting desperately for help. Suddenly, they heard the sound of bagpipes, and some thought they were dreaming. Well, they weren't. They looked up and saw Bill Millin with his bagpipes, leading the reinforcements and ignoring the smack of the bullets into the ground around him.
Lord Lovat was with him—Lord Lovat of Scotland, who calmly announced when he got to the bridge, "—Sorry I'm a few minutes late," as if he'd been delayed by a traffic jam, when in truth he'd just come from the bloody fighting on Sword Beach, which he and his men had just taken.
There was the impossible valor of the Poles who threw themselves between the enemy and the rest of Europe as the invasion took hold, and the unsurpassed courage of the Canadians who had already seen the horrors of war on this coast. They knew what awaited them there, but they would not be deterred. And once they hit Juno Beach, they never looked back.
All of these men were part of a rollcall of honor with names that spoke of a pride as bright as the colors they bore: the Royal Winnipeg Rifles, Poland's 24th Lancers, the Royal Scots Fusiliers, the Screaming Eagles, the Yeomen of England's armored divisions, the forces of Free France, the Coast Guard's "Matchbox Fleet" and you, the American Rangers.
Forty summers have passed since the battle that you fought here. You were young the day you took these cliffs; some of you were hardly more than boys, with the deepest joys of life before you. Yet, you risked everything here. Why? Why did you do it? What impelled you to put aside the instinct for self-preservation and risk your lives to take these cliffs? What inspired all the men of the armies that met here? We look at you, and somehow we know the answer. It was faith and belief; it was loyalty and love.
The men of Normandy had faith that what they were doing was right, faith that they fought for all humanity, faith that a just God would grant them mercy on this beachhead or on the next. It was the deep knowledge—and pray God we have not lost it—that there is a profound, moral difference between the use of force for liberation and the use of force for conquest. You were here to liberate, not to conquer, and so you and those others did not doubt your cause. And you were right not to doubt.
You all knew that some things are worth dying for. One's country is worth dying for, and democracy is worth dying for, because it's the most deeply honorable form of government ever devised by man. All of you loved liberty. All of you were willing to fight tyranny, and you knew the people of your countries were behind you.
The Americans who fought here that morning knew word of the invasion was spreading through the darkness back home. They fought—or felt in their hearts, though they couldn't know in fact, that in Georgia they were filling the churches at 4 a.m., in Kansas they were kneeling on their porches and praying, and in Philadelphia they were ringing the Liberty Bell.
Something else helped the men of D-day: their rockhard belief that Providence would have a great hand in the events that would unfold here; that God was an ally in this great cause. And so, the night before the invasion, when Colonel Wolverton asked his parachute troops to kneel with him in prayer he told them: "Do not bow your heads, but look up so you can see God and ask His blessing in what we're about to do." Also that night, General Matthew Ridgway on his cot, listening in the darkness for the promise God made to Joshua: "I will not fail thee nor forsake thee."
These are the things that impelled them; these are the things that shaped the unity of the Allies.
When the war was over, there were lives to be rebuilt and governments to be returned to the people. There were nations to be reborn. Above all, there was a new peace to be assured. These were huge and daunting tasks. But the Allies summoned strength from the faith, belief, loyalty, and love of those who fell here. They rebuilt a new Europe together.
There was first a great reconciliation among those who had been enemies, all of whom had suffered so greatly. The United States did its part, creating the Marshall plan to help rebuild our allies and our former enemies. The Marshall plan led to the Atlantic alliance—a great alliance that serves to this day as our shield for freedom, for prosperity, and for peace.
In spite of our great efforts and successes, not all that followed the end of the war was happy or planned. Some liberated countries were lost. The great sadness of this loss echoes down to our own time in the streets of Warsaw, Prague, and East Berlin. Soviet troops that came to the center of this continent did not leave when peace came. They're still there, uninvited, unwanted, unyielding, almost 40 years after the war. Because of this, allied forces still stand on this continent. Today, as 40 years ago, our armies are here for only one purpose—to protect and defend democracy. The only territories we hold are memorials like this one and graveyards where our heroes rest.
We in America have learned bitter lessons from two World Wars: It is better to be here ready to protect the peace, than to take blind shelter across the sea, rushing to respond only after freedom is lost. We've learned that isolationism never was and never will be an acceptable response to tyrannical governments with an expansionist intent.
But we try always to be prepared for peace; prepared to deter aggression; prepared to negotiate the reduction of arms; and, yes, prepared to reach out again in the spirit of reconciliation. In truth, there is no reconciliation we would welcome more than a reconciliation with the Soviet Union, so, together, we can lessen the risks of war, now and forever.
It's fitting to remember here the great losses also suffered by the Russian people during World War II: 20 million perished, a terrible price that testifies to all the world the necessity of ending war. I tell you from my heart that we in the United States do not want war. We want to wipe from the face of the Earth the terrible weapons that man now has in his hands. And I tell you, we are ready to seize that beachhead. We look for some sign from the Soviet Union that they are willing to move forward, that they share our desire and love for peace, and that they will give up the ways of conquest. There must be a changing there that will allow us to turn our hope into action.
We will pray forever that some day that changing will come. But for now, particularly today, it is good and fitting to renew our commitment to each other, to our freedom, and to the alliance that protects it.
We are bound today by what bound us 40 years ago, the same loyalties, traditions, and beliefs. We're bound by reality. The strength of America's allies is vital to the United States, and the American security guarantee is essential to the continued freedom of Europe's democracies. We were with you then; we are with you now. Your hopes are our hopes, and your destiny is our destiny.
Here, in this place where the West held together, let us make a vow to our dead. Let us show them by our actions that we understand what they died for. Let our actions say to them the words for which Matthew Ridgway listened: "I will not fail thee nor forsake thee." Strengthened by their courage, heartened by their value [valor], and borne by their memory, let us continue to stand for the ideals for which they lived and died.
Thank you very much, and God bless you all.
Laid Off Means Don't Lay Down
david@davidkrell.com
A layoff, firing, cutback, or Insert Euphemism Here presents the massive challenge of repackaging your skill set for another buyer. Refining your resume, interview skills, and job search strategy becomes a daily chore. The work is tough. The rewards, somewhat elusive in this brutal economy.
Productive breaks in the job search refresh the mind, renew the body, and revive the spirit.
Reading.
Exercising.
Meditating.
Writing will also be a productive use of time during a layoff. What better way to show your expertise than starting a blog, writing an Op-Ed piece for your local paper, or authoring an article for a scholarly business or legal journal?
Channeling the writing skills that you use to burnish your resume, cover letter, and follow-up E-Mail communications can be an immensely valuable resource during a job search. Ceteris paribus, a tangible example of your expertise, passion, and knowledge will set you apart from the competition.
Wouldn't you rather show your depth in an article than explain it in a cover letter?
There's a hidden networking value as well. With the credential of researching an article, getting into inner sanctums will be smoother than if you're armed solely with a resume and cover letter.
Wouldn't you rather appear as an insider with sincere interest about the opinions, experiences, and challenges of decision makers than a simply competent professional with similar credentials as the competition's?
The Power of Writing
david@davidkrell.com
While recently re-reading Ayn Rand's The Fountainhead, I came across a passage that goes to the heart of writing -- its power, joy, and inspiration.
In the story's final scenes, Gail Wynand is a media mogul whose New York Banner suffers a severe workers' strike. He begins to take on several jobs at once to maintain the newspaper's daily publication. Editorial writing is one of these jobs.
Wynand enjoys the challenge of conveying ideas, thoughts, and inspirations into tangible expression.
The pressure disappeared with the first word he put on paper. He thought -- while his hand moved rapidly -- what a power there was in words; later, for those who heard them, but first for the one who found them; a healing power, a solution, like the breaking of a barrier. He thought, perhaps the basic secret the scientists have never discovered, the first fount of life, is that which happens when a thought takes shape in words.
Indeed, writing is a basic yet powerful tool of communications. Digital devices allow immediate communications access to send and receive messages, most likely via E-Mail. That access is wonderful, powerful, and convenient. However, quick replies to instant communications on a Blackberry, iPhone, or computer, sometimes cause the underpinnings of an idea to get lost, misinterpreted, or conveyed incompletely.
To fully realize the power of words like Gail Wynand, one must first appreciate the power, whether the message is to 1 or 1 million. Remember that the words chosen for your message will be the words remembered.
In digispeak, Think before you hit the Send button!
Monuments and Memorials
david@davidkrell.com
The following is an edited version of a paper I wrote for Architecture 170, a class I took in the Fall of 1987 at the University of Maryland. Brian Kelly taught the class.
The paper analyzes the Vietnam Veterans Memorial within the paradigm dictated by Jean Labatut in the article Monuments and Memorials.
My edits cleaned up the grammar, clarified thoughts, and streamlined the presentation by breaking up longer paragraphs into numerous shorter ones.
The basic construct, theme, and content remains the same.
Because today is Memorial Day, posting the paper seems appropriate.
In his article Monuments and Memorials, Jean Labatut expresses many theories on the subject of monuments and memorials.
The function of monuments and memorials concerning human needs.
Universality of art.
Scale of monuments and memorials.
Quality of the structure from an architectural standpoint.
Feelings, emotions, and thoughts of the observer.
The Vietnam Veterans Memorial in Washington, D.C. supports the theories presented in Monuments and Memorials.
Located in Constitution Gardens, the Vietnam Veterans Memorial consists of two parts.
The first part is the polished black granite wall designed by Maya Ying Lin. The wall is V-shaped with one arm pointing to the Lincoln Memorial and the other arm pointing to the Washington Monument.
The names of soldiers dead or Missing In Action are inscribed on the wall.
The second part is Frederick Hart's sculpture of three soldiers. Seemingly, the soldiers are searching the wall for their names or the names of comrades.
The wall was dedicated in the Fall of 1982. The sculpture, two years later.
Labatut states, As landmarks and signposts, memorials and monuments answer a specific human need and demand.
To research Labatut's theory, I asked a Vietnam War veteran what the wall represents to him. He said that America finally understood and appreciated the veterans. Specifically, the men whose names were on the wall got their just recognition. The veteran felt that the Vietnam Veterans Memorial satisfies a need to recognize the people who gave their time and sometimes their lives for their country.
The memorial also fulfills the need to know that the soldiers who died did not do so in vain.
The Washington Monument and Lincoln Memorial are two structures signifying our rights, liberties, and freedoms as Americans. Their reflections trigger a thoughtful pause so we can think about the fragility of those rights, liberties, and freedoms along with the their collective consequent cost in blood, treasure, and emotion.
Labatut also emphasizes the universality of art. [M]emorials and monuments of the past illustrate the fact that art is a universal language. Words, customs, methods of reasoning, and techniques may vary, but art is the easiest channel for common understanding; through the arts we can become easily acquainted with other times and other peoples and with other people in our own time.
Monuments and memorials help the observer gain a perspective that can not be found in books. The appreciation of Thomas Jefferson's brilliance is enhanced by a visit to the Jefferson Memorial where one can read his words in the memorial's majestic setting.
Similarly, one can not help but be moved when reading the names and touching their engravings on the wall at the Vietnam Veterans Memorial. More than 55,000 names adorn the wall. The impact is massive. An explanation in words does not do it justice. Art is the conduit for that impact.
Scale plays a two-fold role in the design of the Vietnam Veterans Memorial.
First, the scale helps convey the message of the monument or memorial while making the observer feel as though he or she is in the center of it. According to Labatut, The small visible world at the scale of man's range of visibility must be complemented by psychological qualities in order to reach the size of a universe of which every observer will be the center. This is true of any architectural air space, but it is especially true of architectural air spaces destined to form memorials and monuments. In art in general, and particularly in the composition of memorials and monuments, the exactitude of the visual message depends on the correction or creation of optical illusions.
The Vietnam Veterans Memorial supports Labatut's thesis concerning a small visible world in two ways.
First, the wall creates an optical illusion that the names are seemingly infinite no matter where you stand at the wall.
Second, the wall is massive. An observer feels as though he or she is alone, though always connected with the names on the wall.
Labatut also mentions Greatness vs. Size. He believes that the former is not dependent on the latter.
Their greatness is measurable not in inches, feet, or miles but by their radiating effect...Man's needs and demands do not include dimensions but they do include the effect produced by dimensions.
If one compares the Vietnam Veterans Memorial to the other monuments and memorials in Washington, D.C., a definite contrast emerges.
The Vietnam Veterans Memorial is not towering like the Washington Monument nor is it larger-than-life like the Lincoln Memorial. The Vietnam Veterans Memorial is effective because it is not overpowering. Rather, the memorial has a lifelike quality that creates a connection between it and the observer.
Greatness vs. Heaviness parallels Greatness vs. Size in Labatut's paradigm.
The greatness of memorials and monuments does not depend on the expression of heaviness, as has been and still is too often the case. Like other architectural compositions, the memorials and monuments of today and tomorrow should give the observer an impression of strength without heaviness. For memorials and monuments do not need the exaggerated size and heaviness of those of the past.
Again, although the Vietnam Veterans Memorial is not overpowering, it is still effective. It does not have what Labatut calls a false heaviness; yet, the life size and lightness make the memorial easier to appreciate. Indeed, it may be overwhelming at first sight without being overpowering.
Labatut also mentions two minor points -- illumination and durability of a monument or memorial.
The Vietnam Veterans Memorial is illuminated. However, the memorial has a graveyard-like quality at night. With more than 55,000 names staring back, I felt an immediate chill. There is no need for illumination during the day because the memorial is in an open space.
Concerning durability, the Vietnam Veterans Memorial was the most visited monument or memorial in its first five years of existence. The legacy of popularity, curiosity, and urgency continues today.
The message of the Vietnam Veterans Memorial is to honor the sacrifice of the Vietnam veterans without fanfare and without overwhelming the public.
Granted, it is not like other memorials or monuments.
It is not tall, white, towering, or larger-than-life.
It is life-size, made of black granite, and subterranean.
Because one arm points to the Washington Monument and the other arm points to the Lincoln Memorial, and because these structures are reflected in the wall's surface, the message is reinforced. The veterans of the Vietnam War were not larger-than-life. They were the boys-next-door. But they fought for the ideals planted by Lincoln, Jefferson, Washington, and other great American leaders -- freedom and liberty.
(In 1993, the Vietnam Women's Memorial was dedicated. It depicts three women -- Hope, Faith, Charity -- tending to a wounded solider. Most women who served in the Vietnam War were nurses. In 2004, a plaque was dedicated by the statue of the three soldiers to honor soldiers who died after the Vietnam War because of injuries sustained during their wartime service.)
INTA Networking Continues -- Bilingual
david@davidkrell.com
Networking at an INTA Annual Meeting is a continuous process. It happens during the lecture halls before the CLE workshops. It happens at the parties, like tonight's Grand Finale at Seattle's The Museum of Flight. And it happens online with Twitter, Facebook, and blogs.
Today, it happened for me in the Press Room where I had the pleasure of meeting Victoria Pereira, Executive Director of Marcasur.
Marcasur -- The First Latin American Intellectual Property Media is a Spanish-language magazine. We talked briefly about my writing blog and workshop. Before I knew it, I had a request to write a 500-800 page article about legal writing for the July - September issue.
Can anyone recommend language translation software?!
Yes, David, There Is A Santa Claus
david@davidkrell.com
Brief moment of panic today when I realized that I did not have my Blackberry, just minutes after my last lecture of the INTA 2009 Annual Meeting.
I retraced my steps to the bathroom and then the ballroom where the lecture occurred. The only person left in the room was one of the speakers. I asked him if he saw a Blackberry laying around in the front row. He said no, but someone was waving one around asking if it belonged to anyone.
I immediately looked for a Washington State Trade & Convention Center staff person. When I found one, I asked her for the location of Lost & Found. Before she could answer, a gentleman passed by and asked, Are you David Krell? He retrieved the Blackberry.
Providence may be fickle, but sometimes she comes through in the clutch. What are the odds of our crossing paths at the exact moment of my Lost & Found inquiry?
By the way, the gentleman was Andrew P. Bridges of Winston & Strawn. He is the winner of the 2009 David Krell Good Samaritan Award.
The Technology Curve
david@davidkrell.com
This morning, I posted a blog entry entitled Don't Tell Me, Show Me. The entry concerns the power of technology.
Walking over to the Washington State Convention & Trade Center for the last day of the INTA 2009 Annual Meeting in Seattle, I realized that a brief corollary merits attention.
Technology increases, expands, and democratizes access to information -- how we receive it, distribute it, and store it. The ever-expanding spectral curve of access is tremendous. The dangers, however, are sometimes ignored, dismissed, or outright rejected.
A curve's not a curve without a downside, declared Machiavellian advertising legend Miles Drentell in the 1980's-90's yuppie drama thritysomething.
Miles' quote applies in this digital era of instant communications.
We post items about everyday occurrences on Facebook -- what we're thinking, what we're doing, where we're going. And photos complement our statements.
We post our thoughts in briefer form on Twitter. This micro-blog restricts us to 140 characters or less.
And we post our views, recounts of experiences, and opinions on blogs in whatever length we wish.
The danger is that we spend so much time writing about our lives at the expense of living our lives.
Summer is fast approaching. It's an opportunity to enjoy the weather, disconnect from the Blackberry or iPhone for a few hours, and reconnect with friends, family, and colleagues.
Here are my steadfast resolutions for the summer.
Get together with some friends for a baseball game, barbecue, or happy hour without checking E-Mail.
Read a best seller on a Sunday afternoon instead of texting, E-Mailing, or web surfing.
Take a re-energizing walk during lunch hour without talking on the Blackberry or iPhone.
I'm inspired. Thankfully, I can use my Blackberry Curve 8330 between INTA Annual Meeting workshops to find the Mets schedule, learn about this month's best selling novels, and research potential walk routes with GPS.
Don't Tell Me, Show Me
david@davidkrell.com
Last night at The Triple Door, I experienced the real-life power of technology. Having ditched my flip-up cell phone for a Blackberry Curve 8330 less than a week ago, I am still familiarizing myself with this powerful device and enjoying every minute of it.
The power of technology emerged when a fellow INTA Annual Meeting attendee asked me about my writing workshops.
Rather than launch into my 30-second elevator speech, I took out the Blackberry, used the Browser function to get to my web site, and showed her my blog and web site along with my Twitter posts at davidkrell.
You're a good writer! she said.
It's a real-life example of the adage Don't tell me, show me.
In the old days, back in the beginning of the month, I would have E-Mailed her a link to my web site later in the evening or this morning. Now, instant communications.
The power of technology goes beyond texting, uploading photos, or taking pictures of yourself at Safeco Field and uploading it to your Facebook page.
At the beginning of the year, I sought to learn more about how to harness that power. My new year's resolution was to get over my quasi-phobia of technology and become immersed in the digital culture. I accomplished my goal in three steps.
First, I learned from an expert.
In February, I had the opportunity to take digital guru Shelly Palmer's Get Digital class. During the span of four hours over two nights, I learned through Shelly's real-life anecdotes how to keep pace with technology or be left behind professionally, socially, and personally.
Second, I learned from an expert.
I took a web site building class for novices at Tekserve, an authorized Macintosh sales and repair store in Manhattan. The instructor patiently listened to our concerns, answered our questions, and calmed our fears.
He suggested that I buy the RapidWeaver program when I explained my goal -- build two web sites. The first web site would have a blog with a bio page about me and an About Us type of page explaining my business. That's this web site.
The second web site would have a blog, a bio page, and 50-100 long-form articles. That's Television Archives -- Our Television Heritage.
I can honestly say that the two-hour class did not make me an adept digital guru who can immediately create web sites with ease. But it gave me enough to get started -- How to create a link within your site to another site. How to create a blog. How to download extras from Google Gadgets. For example, the Churchill Quote of the Day is a gadget provided by Google for web site owners.
Third, I learned from an expert. Initially, I encountered frustration by my lack of knowledge, familiarity, and ease with technology. But I figuratively glued myself to my seat, read the manual several times, and found that continuous trial and error eventually leads to trial and success. However, there comes a point where you have to call in the pros from Dover. When I did hit the proverbial wall, I found a Rapid Weaver expert at digitaLife Productions who revealed solutions during the course of a two-hour session.
Within two weeks, this web site was born. Because I had already been through the process once, the second web site took significantly less time to build the framework but more time to install the massive amount of content. Several of the articles only existed on hard copies, so the transfer was time-intensive. Six weeks later, Television Archives -- Our Television Heritage was born.
My embrace of technology continues at the INTA 2009 Annual Meeting. Not an extremely difficult task given the many sessions dedicated to the subject.
Attending Trademarks in Virtual Worlds inspired a conversation with a friend from The Trademark Reporter. The conversation led to my agreeing to write an article about the subject.
Industry Breakout: On the Internet -- Trademarks and the Web 2.0 gave a real-life example of the challenges in selecting domain names, purchasing keywords, and protecting intellectual property on the web.
And today, I am looking forward to the 11:45 am session Latest Developments in Internet Law and the Impact of Blogging on Trademarks.
Blog Triples Visitors
david@davidkrell.com
I am glad to report that the number of visitors to my blog has tripled from Sunday, May 17th to Tuesday, May 19th! Thanks to the attendees of the 2009 INTA Annual Meeting who regularly check the blog!
Keep updated throughout today, the last full day of the conference -- Wednesday, May 20th.
I'll see you tonight at the Grand Finale taking place at The Museum of Flight!
The Power of Public Speaking
david@davidkrell.com
This morning, I attended Just Pretend They Are All Naked -- How to Be a Better Public Speaker.
The panelists approached the topic in an inventive manner.
Marc Lieberstein of Kilpatrick Stockton and Jody Drake of Sughrue Mion opened the session with a purposefully bland approach. They talked to each other about the important points of public speaking away from the traditional table setting.
Holland Campbell of ESPN interrupted with the garb of a silent movie director -- beret and megaphone -- to motivate the panelists to change the approach. And they did.
What was once bland became dynamic, targeted, and revealing. Carla Vrsansky of Buchanan Ingersoll & Rooney took the reins and got to the heart of successful public speaking: Be Brief. Be Creative. Be Relevant.
Regarding PowerPoint, Carla suggested the following:
One idea/topic per slide
6 x 6 rule: 6 lines of text, 6 words per line
Be consistent
Use bullets and/or numbers
Headlines are useful
Avoid using ALL CAPITAL LETTERS
Use a simple readable font
If you feel you must use a lengthy sentence or paragraph, highlight the main portion with color, larger font, bold, or italicized type. An alternative is to isolate that portion in a separate slide.
Keep it simple.
Less is more.
Build rapport with the audience.
Leave something behind that the audience will remember.
Audience participation.
Map out your presentation.
Plant a 'flag' around which to center your presentation -- What is the theme?
Continually summarize throughout the presentation.
Rehearse. Rehearse. Rehearse.
After twenty minutes, Peter Harvey of Harvey Siskind gave a brief presentation entitled Band Name Trademark Disputes as an example of public speaking. Mei-Ian E. W. Stark of Fox Entertainment Group handled the clapboard and shouted Take One!
Again, the presentation was purposefully bland to illustrate a point -- bring your passion to the presentation.
Holland Campbell interrupted with true director's insight and Mei-Ian again handled the clapboard and shouted Take Two!
Now, Peter's presentation took on a different tone -- clearer, inspiring, and effective. A true portrait of how to use PowerPoint effectively, how to summarize, and how to build a rapport with the audience. Peter's technique on this last issue is a Pop Quiz at the end of a case summary described in a PowerPoint slide. The quiz consists of asking the attendees who they think won the case.
The title also changed the tenor of the presentation from bland to inviting, boring to fun, descriptive to attention-getting.
Band Name Trademark Disputes became Trademarks Rock.
But one strong, unavoidable, inevitable lesson emerged throughout the session. Murphy's Law is true. No matter how much you check the technical aspects of the room, something will go wrong. At several points, the microphone sound skipped or disappeared completely. Towards the end, the speakers discarded the mikes, talked with projection, and invited audience participation.
So, a corollary lesson emerged though it was not on the PowerPoint. When technical difficulties occur, the technical or facilities crew will try to fix them. If the problems persist, ignore the difficulties and proceed with the presentation in good humor.
As a whole, the panelists encouraged the audience to seek public speaking opportunities with INTA. During Q & A, I briefly summarized my experience and lesson learned -- Start Early!
I first pitched a writing workshop to INTA in 2008 for the 2009 Annual Meeting. I learned that a year in advance is not enough time. INTA Annual Meetings usually require eighteen months of lead time.
The writing workshop will take place at the 2010 Annual Meeting in Boston
So, if you're passionate about a topic, pitch it to INTA during the summer for the 2011 Annual Meeting.
Woody Allen Settles for $5M
david@davidkrell.com
Woody Allen reached a settlement with American Apparel as their two respective entertainment law powerhouses hammered out a $5 million settlement. Loeb & Loeb represented Mr. Allen. Mitchell Silberberg & Knupp represented American Apparel.
American Apparel used an image from the film Annie Hall on a billboard in 2007. Allen's legal team based its argument on the unauthorized use of Mr. Allen's image and consequent violation of his right to publicity.
American Apparel's legal team based its argument on the traditional First Amendment right to free expression.
American Apparel's use of Allen's image was clearly intentional. Where were the attorneys who decided that unauthorized use of an image from a film under copyright protection depicting a public figure's likeness was a good idea?
American Apparel Chief Executive Dov Charney's view signals a free-for-all concerning public figures' likenesses. He said that the company's billboard campaign reflected the right of an individual or corporation to invoke the likeness of a public figure in a satiric and social statement.
What exactly was American Apparel satirizing when it placed a picture of Woody Allen dressed as a Hasidic rabbi on its billboard to promote its products? What was the social commentary involved? And did the marketing team even consider that a public figure would fight for the right to license, exploit, or merchandise his or her image?
Charney also referenced American Apparel's insurance carrier in his statement. [It is] responsible for the decision to settle this case and has controlled the defense of this case since its inception.
A phrase from my first-year Torts class comes to mind. Res ipsa loquitor. Translation: The thing/act speaks for itself.
INTA, Networking, and Baseball
david@davidkrell.com
A ticket to the Mariners vs. Angels game last night. $58.75.
A cab ride from the Washington State Convention and Trade Center (WSCTC) area to Safeco Field. $10.
Teaching the rules of baseball to British INTA attendees, continuing a tradition of going to baseball games during the INTA Annual Meeting, and catching up with old friends...priceless.
When I decided to come to the INTA Annual Meeting as a blogger and member of the media, I checked the Mariners schedule. Yesterday, I wrote about the background of my baseball and INTA tradition at my media blog -- Television Archives: Our Television Heritage.
Luckily, the Mariners have a homestand coinciding with the conference. So, I bought a block of eight tickets. I took four and a friend took four. Between us, we invited four British attendees new to the game. What a pleasure it was for me to tell them about the beautiful, deep, and rich history of the game and see it through their eyes.
My passion for baseball history inspired me to tell them anecdotes, benchmarks, and turning points concerning the national pastime.
Jackie Robinson breaking the color line in 1947. The heartbreak felt in Brooklyn fifty years after the Dodgers bolted for Los Angeles. The fairly recent trend of corporations paying for naming rights of stadiums.
A quick explanation of the rules over dinner and brief reminders at the game were also in order.
My anticipation heightened during the week before INTA. I read a collection of Damon Runyon's articles from his sports writing days entitled Guys, Dolls, and Curveballs. I recommend it for anyone interested in learning more about the rich lineage of baseball.
One of my fellow Mets fans joined us at the game -- Jonathan Moskin of White & Case. This is the second time I've had the opportunity to see a baseball game with Jonathan with a legal conference as a backdrop. Jonathan co-chaired a USPTO Boot Camp conference I produced in Alexandria in September. The night before the conference, a group of the speakers and I enjoyed a Washington Nationals game.
Jonathan and I talked about The Trademark Reporter where he is a Senior Editor. Jonathan is looking for someone to write a law review type of article about trademarks and virtual worlds. Earlier in the morning, I attended the Trademarks in Virtual Worlds panel discussion, though the panel devoted precious little time to the subject and more time to revenue growth, copyright infringement cases, and companies using the virtual world technology to promote goods and services.
One trademark issue that arose from the panel and appears to be a central focus is the definition of 'use' in the concept of a virtual world. Jonathan emphasized this point as we watched Torii Hunter club a bases-loaded double to clear the bases in a five-run Angels fifth.
Instinctively, I volunteered to write the article. In The Wealth of Nations, Adam Smith talks about an 'invisible hand' guiding the markets. Is there an 'invisible hand' guiding my INTA 2009 Annual Meeting experience? Read on.
At yesterday afternoon's INTA Press Reception, I met a lovely woman who is a reporter for Intellectual Asset Management. I learned about her experiences in sifting through the numerous press releases and marketing materials of law firms that pitch stories to her. I soon realized that she would be a terrific intellectual asset in her own right to a writing workshop that I am moderating at the 2010 INTA Annual Meeting. Pending approval from her boss, she will be on the panel.
In this new age where law firms have marketing plans, logos, and slogans, a media expert in the trenches who decides what stories get coverage will be a great complement to the lawyers in the trenches of courtroom battles, negotiating settlement agreements, and drafting briefs.
I didn't have to wait long to brief the person responsible for managing the 2010 workshops -- Brian Daniel of CRA. Brian was one of my invitees. I also had the pleasure of catching up with Brian and learning more about the intricacies, traditions, and unwritten rules of the home of his beloved Cubs -- Wrigley Field.
I briefed him on my potential new addition to the writing workshop panel that already features people I know, trust, and respect -- Kelly Slavitt, Trademark Counsel at General Electric and Bob Latham, Partner at Jackson Walker.
Bob and the Jackson Walker business development team brought me to the firm's Texas offices last year during this same pre-Memorial Day week to conduct my CLE writing workshop for the firm's associates. That wonderful experience inspired me to further develop Your Writing Is Your Brand™ and Write This Way™ as CLE workshops to teach attorneys how to refine their written communications skills across the board -- briefs, contracts, memoranda, client communications.
Oh yeah, the Mariners lost to the Angels of Anaheim 10-6. Well, technically, they are the Angels of Los Angeles. It's all about the branding, isn't it?
Trademarks in Virtual Worlds
david@davidkrell.com
This morning, I attended my first session of INTA's 2009 Annual Meeting -- Trademarks in Virtual Worlds. The panel consisted of:
David Naylor - Field Fisher Waterhouse
Marty Roberts - Linden Lab (Second Life)
Sheldon Burshtein - Blake, Cassels & Graydon (Moderator)
And I asked the $64,000 question of the panel -- On a scale of one to ten, how are law firms generally doing in embracing virtual worlds and Second Life to promote their professional services.
David Naylor said, Few law firms have engaged in virtual worlds. He theorized that clients may trigger an increased presence of law firms in the virtualverse. Lawyers will need to understand the technology important to their clients. The adage remains -- Tell me and I'll forget. Show me and I'll remember. Involve me and I'll understand.
Sheldon Burshtein pointed out the resource-intensive demands of participating actively in virtual worlds.
Mr. Naylor backed up the point. You need to utilize resources in an effective way.
He gave three examples of how law firms are using or can use virtual worlds: education, recruiting, communication with offices/clients in other cities.
Elle Macpherson: Not Just Another Pretty Face
david@davidkrell.com
Elle Macpherson told a room of several thousand trademark lawyers that she was a little nervous as she began her Keynote Speech for the International Trademark Association's Annual Meeting last night.
She was honest.
She was thoughtful.
And she was thought provoking.
I had the opportunity to meet her after the INTA speech at the Loeb & Loeb dessert reception. I can personally attest that Elle Macpherson has the gift of beauty, poise, and charm. But she's not just another pretty face.
In her speech, Ms. Macpherson gave some background on her extraordinary modeling history as pictures of her on magazine covers, billboards, and print ads complemented her presentation.
She said that she didn't like certain aspects of modeling.
She didn't like runway work.
She didn't like the insecurity she felt.
She didn't like being objectified.
So, she made her quotes higher to dissuade companies from hiring her.
More people wanted her.
Consequently, financial independence arrived. It was not the only stop for Ms. Macpherson. Twenty years ago, she financed a business with her monetary success because of her passion for lingerie. Elle Macpherson Intimates is now a leader in the lingerie industry.
That leadership took discipline, commitment, and passion. All qualities were clearly evident in Ms. Macpherson's presentation. She did not merely read the words, she meant them. And she pointed out an important lesson she learned in her business life -- Learn to listen. Listen to learn.
But the supermodel turned self-described 'accidental executive' did not only illustrate how a celebrity can turn herself into a brand and turn that brand into a worldwide powerhouse.
She took the opportunity to talk to the trademark and branding community about corporate responsibility beginning at home. She used BP as an example. British Petroleum promotes itself with the tag line Beyond Petroleum to indicate its commitment to renewable energy sources.
Ms. Macpherson also emphasized that the pursuit of the fast buck has a detrimental effect on the value of a brand. Consumers are questioning 'buy now pay later.'
She also embraced the power of instant communication in the digital age and its potential exposure of brand sensitivity. For example, Ms. Macpherson talked about Marks & Spencer placing a two-pound premium on bigger bras. 14,000 people complained on Facebook. Marks & Spencer reacted by reducing the cost to the same level as other bras.
Connect with brand values and the sales will follow, states Macpherson.
Macpherson's axiom is time-tested. Think about the brands enduring recessions, wars, and intense competition. Their collective endurance enjoys a foundation of strength based on core values.
Macpherson's described her seven main brand values for Elle Macpherson Intimates.
Faith, Intimacy, Spontaneity, Evolution, Rebel, Tribal, True.
So, what's the biggest challenge for maintaining her brand and staying true to her values?
My challenge is to remain who I am and not what I sell.
Digital Defamation & Cyberbullying
david@davidkrell.com
Gossip at the water cooler, on the telephone, or at a company party now takes place on Instant Messaging, Text Messaging, E-Mail, and web sites.
Remember when somebody misbehaved in second grade? The teacher said, This will go on your permanent record. That permanent record now consists of the Internet and electronic communications.
And the dangers are quite real. Reputations can take decades to build, strengthen, and refine. In minutes, they can be destroyed. It all starts with pushing the "Send" button.
Cyber harassment. Cybersliming. Cyberbullying. Digital defamation.
The phrases differ in wording, but not in meaning. And everyone is at risk because of the ubiquitous nature of digital communications. Plus, the opportunities increase for cybernasties with readily available, easy to use, and affordable software to build blogs and web sites.
Undoubtedly, we live in an unparalleled age of access to information. If the adage is true that information leads to power, than so must the adage be true that with great power, comes great responsibility. Apologies to Spiderman.
So where are we headed in the digiverse?
Last night, I attended Digital Defamation: Cyberbullying and the First Amendment. The Media Council of the Paley Center for Media hosted this extraordinary panel discussion at its New York City branch about the power, plagues, and potential connected with digital communications. Brooke Gladstone, Co-Host and Managing Editor of NPR's On the Media, moderated the discussion.
The panelists were diverse in their experience, opinions, and predictions. Victor Kovner is a First Amendment lawyer at Davis Wright Tremaine. Mr. Kovner pointed out that protecting First Amendment rights in the digital age "is a serious problem, legislatively and otherwise." He also highlighted the viability of bringing a tort claim based on the theory of intentional infliction of emotional distress.
Clearly, defamation gets more attention from the media. Just look at the title for the event!
Joan Lukey is a litigator at Ropes & Gray. After successfully representing star author Patricia Cornwall in a cyber harassment case, Ms. Lukey finds herself in the position of her clients -- the victim position. Ms. Lukey has been cyberslimed quite viciously because of her success in the legal arena.
Consequently, she drafted legislation amending Section 230 of the Communications Decency Act to strengthen its potential for victims of digital defamation. She also suggested fighting fire with fire. Ms. Lukey's advice to be digital savvy is a must in reputation management. Use the Internet and E-Mail to counter falsehoods. Procure media interviews to clarify the situations, protect your reputation, and turn misperceptions into perceptions.
Wendy Seltzer is a Berkman Fellow at Harvard University and a visiting professor at American University's Washington College of Law. Contrary to Ms. Lukey and Mr. Kovner, Ms. Seltzer does not believe the law is the source of the problem.
David Margolick is contributing editor at Vanity Fair. He recently wrote an article entitled Slimed Online. It's about two female Yale Law students who suffered cyberbullying from anonymous attackers. They're fighting back. Presently, the case is in the pre-trial stage.
While the women have enjoyed success in their early post-law school careers, the cost to their emotional makeup, psyches, and mental energy is something difficult to quantify, gut-wrenching to imagine.
Mr. Margolick's article inspired businessman, activist, and philanthropist Leo Hindery, Jr. to fund the event. During the Q & A, Mr. Hindery said that as the father of a daughter, he cringed when he thought about the anguish suffered by the Yale Law students in Mr. Margolick's article.
The Paley Center for Media records its seminars for future viewings by patrons. Check it out the next time you're there!
Twitter Hits Prime Time
david@davidkrell.com
Twitter hits prime time.
On Desperate Housewives, Tom Scavo's recent story arc centers on the loss of his youth. Now in his early 40's, Tom finds himself in the eye of a mid-life crisis storm. In last night's episode, the storm intensified because of a job interview that reveals Tom's vulnerability in the digital age. The exchange between Tom and his wife Lynette masterfully highlights Tom's frustration.
Aren't you going to ask me about my job interview? (Tom)
Oh right. How'd that go? (Lynette)
Okay. Until the thirty year-old who was interviewing me asked me if I've ever used Twittering as part of a marketing campaign. (Tom)
And what'd you say? (Lynette)
Nothing. Because I don't know what Twittering is. (Tom)
It's a social networking tool where you send instant updates to anybody who signs up for them. (Lynette)
So you knew about this and yet you kept it from me? (Tom)
I didn't keep it from you. It's just one of those tech things that you don't care about. It's for young people. (Lynette)
And I am a dinosaur marching into the tar pit. (Tom)
Tom represents Generation Xers and baby boomers who have not yet embraced the new technologies of social networks. Facebook and Twitter are the present Internet darlings. True, social networks may disappear, evolve, or amplify individually. Collectively, they will survive in some form.
Electronic bulletin boards, Internet chat rooms, and E-Mail groups once dominated as the forms where we could exchange information with like-minded people. Today, the dominant form is a social network on a web site, for example, Twitter.
As businesses use the social network for business purposes, we must be vigilant in learning about the new forms of digital communications.
Unless you want to feel like a dinosaur marching into the tar pit.
Happy Birthday, Will!
david@davidkrell.com
Today marks the birthday of one of the world’s greatest writers.
William Shakespeare.
The Bard.
His staying power is impressive to say the least.
38 plays.
154 sonnets.
And more than 400 years of performances, interpretations, and story fodder.
Romeo & Juliet inspired West Side Story.
Hamlet was a focal point of the 1993 movie Renaissance Man. Danny DeVito plays an out-of-work advertising executive who takes a job teaching Army recruits with subpar intelligence. Hamlet ignites their interest, education, and previously unexplored intelligence. Street smarts prove just as valuable in studying Shakespeare as book smarts.
In the Happy Days episode A Star Is Bored, Richie and his friends recruit Fonzie to star in the church’s performance of Hamlet. They need a star attraction to raise money for new uniforms for the church’s baseball team. In a dramatic moment elemental to the early Happy Days episodes, Richie explains to Fonzie the meaning of the line To be or not to be after the latter character inquires. Richie says that Hamlet is contemplating suicide. Fonzie reveals that he’s thought about whether to be or not to be.
The West Wing enjoyed an undercurrent of Shakespeare inspiration. Like the title character in King Lear, President Bartlet has three daughters, encounters deception within his ranks, and balances emotions with his duties as a leader.
Shakespeare gave us dialogue that we still quote today. For example, Julius Caesar dialogue includes:
Et tu, Brutus?
Experience is the teacher of all things.
Caesar’s wife must be above suspicion [beyond reproach].
Shakespeare gave us tragedy, farce, and romance. His themes are universal. His stories are timeless. His characters are unforgettable.
Happy Birthday, Will!
Opening Day
david@davidkrell.com
Around the country, today holds promise for baseball fans.
Today is Opening Day.
For the moment, the season is a clean slate with the future yet to be written.
Baseball pitchers will continue their intense study of batters’ tendencies and vice versa.
Mets slugger Carlos Delgado keeps a notebook in the dugout where he details each at-bat pitch-by-pitch. His notes prepare him for the next at-bat against the same pitcher.
In The Seventh Game, Roger Kahn explains the phenomenon of studying, memorizing, and exploiting the opposition. The story revolves around fictional New York Mohawks pitcher Johnny Longboat during the iconic seventh game of the World Series against the Los Angeles Mastodons.
Like most great pitchers, Johnny Longboat kept a mental book of batters, categorizing their strengths and weaknesses, their eagerness, their poise, their terror.
A lesson is here for attorneys.
Law firm associates serve many masters, i.e., partners. However, partners differ in their preference for how associates present legal research, analysis, and conclusions. Like pitchers and batters, associates who keep a record of the partners’ preferences will be better prepared for future assignments.
In litigation, intense research and record keeping is an absolute must. Which briefs has the judge found persuasive in the past and why? Which circuits beyond the judge’s own does he or she find influential? How has the judge ruled before in cases with the same circumstances?
Today is a day of beginnings. Wiping the slate clean and beginning a detailed record of reader’s preferences could lead to, pardon the baseball metaphor, home runs with partners, judges, and clients.
Play ball!
College Acceptance SNAFU
david@davidkrell.com
Colossal. Massive. Unprecedented.
Those are some of the many adjectives that appropriately describe a college acceptance E-Mail error earlier this week.
University of California – San Diego accepted about 18,000 students and rejected roughly 29,000 for the 2009-2010 term. Unfortunately, UCSD sent an E-Mail to ALL applicants congratulating them on acceptance.
For the students in the Rejection column, the sudden swing in emotions is unthinkable.
Hopes raised. Hopes crushed.
Instant elation. Instant anguish.
Awesome. Awful.
All because of a human error that serves as a lesson to take a moment before hitting Send.
Surely, an institution the size of UCSD has safeguards in place to prevent this type of situation. Either the people responsible for executing the safeguard procedures were negligent or ignorant.
Though malice did not trigger the false notification, the resulting emotional effect on the rejected students and their families remains the same. Desolation, frustration, and discouragement replace joy, pride, and self-respect.
Fortunately, the technology that instantly communicated the mistake allowed UCSD to perform immediate crisis control. The university admitted the mistake. However, UCSD must deal with the remaining stain on its prestige, reputation, and attraction. In the digital age, mistakes are forever preserved.
Something about a permanent record comes to mind.
Tyra's College Essay
david@davidkrell.com
The skillful use of repetition is an incredible challenge to master.
In the Underdogs episode of Friday Night Lights, we see an outstanding example in a college essay.
Dillon High School senior Tyra Collette dreams about attending the University of Texas.
She has subpar grades, though improved tremendously in recent months.
She has the confidence of the school principal who wrote a heartfelt, detailed, and strong recommendation.
And she has leadership potential, proven by her winning the presidency of the senior class.
What she does not have is a college essay that even remotely expresses her personality, uniqueness, and potential value to the land of Longhorns.
Her friend/boyfriend Landry sees her attempts as clichés. He says her draft reads like a five-page needlepoint pillow. When he challenges her on the numerous mentions of her job at Applebees, she responds that it’s a metaphor.
But Landry gets to the heart of the matter when he asks her what’s changed in her life.
Landry’s probe peels away Tyra’s frustration.
In her deeply revealing essay, Tyra uses repetition to set up her background, ambition, and reason for wanting to attend college.
Two years ago, I was afraid of wanting anything.
I figured wanting would lead to trying and trying would lead to failure.
But now I find I can't stop wanting.
I want to fly somewhere on first class.
I want to travel to Europe on a business trip.
I want to get invited to the White House.
I want to learn about the world.
I want to surprise myself.
I want to be important.
I want to be the best person I can be.
I want to define myself instead of having others define me.
I want to win and have people be happy for me.
I want to lose and get over it.
I want to not be afraid of the unknown.
I want to grow up and be generous and big-hearted, the way people have been with me.
I want an interesting and surprising life.
It's not that I think I'm going to get all these things.
I just want the possibility of getting them.
College represents possibility.
The possibility that things are going to change.
I can't wait.
She got admitted.
Emotion Not Seconded
david@davidkrell.com
Client hires Company.
Company assigns Client to Employee.
Client’s CEO is unhappy with Employee’s performance.
You can guess what happens next. Client’s CEO sends an E-Mail to Employee’s Boss.
Employee has dropped the ball on our account. I have not been able to get her on the phone. This, despite numerous tries over the past two weeks to set up a date for a site visit. We no longer wish to do business with Employee. We do not want her servicing our account. Additionally, we will give serious thought to finding a more reliable service provider.
This is a major problem for Employee, especially because Client’s CEO is distorting the situation by selectively editing facts.
Employee has been traveling on site visits to other clients during the past two weeks. Before the trip, Employee sent an E-Mail to all clients advising them to contact her by cell phone or E-Mail. She also set up her office voice mail greeting with the same advice.
Instead, Client’s CEO continually called the Employee’s office phone number. Also, the appropriate contact is Client’s Executive in Charge of Operations, not the CEO.
Employee also gave six potential dates to Company’s Group Manager for a site visit. Company’s Group Manager said that he would set up the site visit with Client.
To defend herself, Employee drafts the following E-Mail.
Client’s statements are 100% not true. I did not drop the ball on anything. In point of fact, I have always been readily available to Client. I have worked many times with Client’s Executive in Charge of Operations who handles the day-to-day functions such as being a liaison between us and Client. I have not dealt with Client’s CEO nor was there ever an instruction to do so. I also alerted all clients to contact me on my cell phone or send me an E-Mail during my business trip because I would be away from the office. Also, I believed that Group Manager is working with the client to set something up because I have provided dates for a visit and followed up with Group Manager. Let’s talk about this further tomorrow.
The content may be factual, but the impression is emotional, defensive, and pleading. In this situation, stripping the emotion is the key to clarity.
Client’s statements are 100% not true.
First, Client’s Executive in Charge of Operations is my contact, not Client’s CEO. I have dealt with Executive in Charge of Operations on several occasions through E-Mail exchanges and telephone conversations. However, I have not received any messages from Executive in Charge of Operations in the past two weeks.
Second, I am readily available to Client as well as our other clients. Before my recent business trip, I alerted clients to contact me by cell phone or E-Mail because I would not be in the office. I left similar instructions on my office voice mail greeting.
Third, I provided available dates for a site visit to Group Manager and followed up with her.
By removing the emotional components, Employee’s statement has a streamlined effect with more impact.
Defriend vs. Unfriend
david@davidkrell.com
At a cocktail party last night, Facebook was a topic of conversation.
I mentioned my blog and a recent posting about the defriend concept to remove someone from your circle of friends on Facebook.
Presently, defriend seems to be the preferred term in the digital zeitgeist.
A woman asked me why people don’t use the word unfriend instead.
I suppose that people will use unfriend if the situation is rather benign.
Perhaps you don’t want to read a friend’s constant updates about mundane chores. Paying bills, feeding the dog, and doing laundry don’t meet the standard of information that you want or need on Facebook. So you simply say that you will unfriend that person.
Defriend has a more appropriate feel if the situation is bothersome, annoying, or serious. For example, a constant, unsolicited, and unwanted barrage of Instant Messages and E-Mails, may cause defriending.
One can make the argument that the two words are distinct from one another without really being different.
On the other hand, an analogy may provide further insight.
When something causes you pain, it is toxic. To get rid of it, you detoxify. You don’t untoxify.
Lexicogaphers, wordsmiths, and digital trendsetters, enjoy!
Seinfeld = !
david@davidkrell.com
When do you use an exclamation point?
By definition, when you want to exclaim an idea.
In The Sniffing Accountant episode of Seinfeld, a relationship between book editor Elaine Benes and book author Jake Jarmel hinges on the exclamation point.
Elaine and Jake argue about the appropriateness of using it in a written phone message.
The phone message concerns one of Elaine’s friends who had a baby. Jake triggers Elaine’s disturbance because he did not use an exclamation point when he wrote the message.
Elaine: Well, I mean if one of your close friends had a baby and I left you a message about it, I would use an exclamation point.
Jake: Well, maybe I don’t use my exclamation points as haphazardly as you do.
Elaine: You don’t think that someone having a baby warrants an exclamation point.
Jake: Hey look, I just chalked down the message. I didn’t know I was required to capture the mood of each call.
The difference between Elaine and Jake regarding usage of the exclamation point leads to a breakup.
Although the example is humorous, it’s also instructive.
People differ on when to use the exclamation point. In business and law, it rarely appears.
But when it does appear, it should be for emphasis, urgency, and importance, not caprice, quirk, and whim.
Alternatively, F. Scott Fitzgerald offers a contrary guideline.
Cut out all those exclamation marks. An exclamation mark is like laughing at your own jokes.
Just Say It
david@davidkrell.com
Nike’s slogan is Just do it.
Our slogan as professionals in the business and legal communities should be Just say it.
Too often, we try to dress our ideas with big words.
Big words = big mistake.
An alternative to big words is plain language. Just say what you mean.
Using plain language can be a very effective tool for communicating a written message.
Let’s say that Lauren Lawyer is counseling Client Company on a potential acquisition. In a memo to Client Company, Lauren Lawyer emphasizes the importance of the due diligence process.
Without proper due diligence, theretofore unrevealed problems can arise during the negotiation process that we did not anticipate and, as such, for which we consequently did not prepare. Due diligence will identify the problems so we can brainstorm to create solutions for negating the problems.
A plain language approach where Lauren Lawyer just says what she means might read:
Without proper due diligence, we can get blindsided by unexpected problems during negotiations. Due diligence will allow us to identify problems and create solutions.
Without a plain language approach, the intent of your written message may be lost, distorted, or ignored by the receiver.
Or, as Lauren Lawyer would say,
Without a plain language approach, the intent of your message that may be undoubtedly clear to you, the sender, may not be so clear to the receiver, and, as such, the intent of said message may consequently be in the hands of the receiver, only to be potentially lost, distorted, or ignored.
Rule of Three
david@davidkrell.com
Three is a magic number.
A long-standing guideline in written and verbal communication is the Rule of Three.
Use three items, phrases, or words to make your point because two is not sufficient and people will not remember four.
President Obama exemplifies the rule. Indeed, he began his inauguration speech on January 20th by describing his thoughts in the Rule of Three paradigm.
I stand here today humbled by the task before us, grateful for the trust you have bestowed, mindful of the sacrifices borne by our ancestors.
Humbled. Grateful. Mindful.
Three adjectives. Three thoughts. Three phrases.
The president’s liberal use of the Rule of Three (no pun intended) is evident throughout his inauguration speech, presidential campaign appearances, and presidential speeches.
Sometimes we can get lost in the Rule of Three.
Example:
Wrather Field will have restaurants, bars, and Box Seat, Mezzanine, and Loge ticket counters that accept cash, money order, or Visa, American Express, or Discover credit card.
A more effective message will have the same uses of the Rule of Three, but separated.
Wrather Field’s restaurants, bars, and ticket counters will accept cash, money order, or credit cards. However, the credit card must be a Visa, American Express, or Discover credit card. The ticket counters will sell tickets for the Box Seat, Mezzanine, and Loge Levels.
Form Follows Function
david@davidkrell.com
Form follows function is an architecture principle.
Essentially, the FFF principle says that the intended function, purpose, or goal of a building dictates the building’s shape.
It also applies to written communications, especially web sites. Documents have shape, too.
Memoranda, letters, annual reports, and even web sites follow a format depending on our intended function, purpose, or goal.
Are we trying to persuade? Are we providing information? Are we clarifying a misunderstanding?
Identifying the function is the key to deciding the form.
The recent change of Facebook’s format provides a cautionary tale of consequences for not incorporating FFF into communications.
Facebook’s function is simple – give users an easy-to-use format where they can add and read Status Updates, explore other features, and enjoy themselves.
Facebook’s new format frustrates, stifles, and confuses Facebook’s users.
Groups are forming to petition Facebook and return the old format. By all accounts, the old format worked smoothly.
Indeed, it served the function.
The new Facebook format triggered as much controversy for Facebook users as New Coke did in 1985 for soda drinkers.
The new Facebook format forces the user to work harder to navigate the site instead of making site navigation easy to the point of being intuitive.
The new Facebook format does not follow the web site’s function.
When form does not follow function, the consequences can be antagonizing, angering, and even repelling the reader or web site user.
Locker Room Twitter
david@davidkrell.com
Twitter breaks another sports barrier -- the locker room.
Milwaukee Bucks forward Charlie Villanueva posted the following message during the March 15th game against the Boston Celtics.
In da locker room, snuck to post my twitt. We’re playing the Celtics, tie ball game at da half. Coach wants more toughness. I gotta step up.
On the one hand, posting on Twitter, or ‘tweeting,’ can be a great tool in sports marketing.
It attracts younger, tech-savvy fans.
It gives fans access to their favorite players.
It gives teams another medium to publicize games, players, and trades.
On the other hand, posting on Twitter poses a perception problem.
Bucks Coach Scott Skiles did not like the image projected by a player using Twitter in the locker room.
I think a reasonable person could look at that either way. And I’m a pretty reasonable guy. And so the answer is no, not necessarily. But I also know from the comments I’ve gotten from some people in the game that there could be people who think it’s a sign. We just want to distance ourselves, that’s all.
My personal opinion is, it doesn’t have any place in the locker room. The locker room’s a private place for the players, a sanctuary for the players. But once you walk out of the locker room or whatever, I’m not getting into guys’ personal lives.
By the way, the Bucks beat the Celtics. Villanueva scored 19 points in the game.
It was the highest score on the Bucks.
St. Patrick's Day: Go Blue?
david@davidkrell.com
Parades. Shamrocks. Bagpipes.
It must be Saint Patrick’s Day.
The day where we celebrate the patron saint of Ireland.
The day where we sing Irish songs.
The day where we wear green.
Initially, blue enjoyed the prominence of being the Saint Patrick’s Day color, a.ka. Saint Patrick’s Blue.
Pictures of Saint Patrick often depicted the saint wearing blue garments and headdresses.
Saint Patrick’s Blue still enjoys visibility as the color on the Coat of Arms of Ireland and the flag of the President of Ireland.
Green eclipsed Saint Patrick’s Blue as the prime color associated with Saint Patrick’s Day. This change likely began in the 1750’s with roots dating back to Saint Patrick’s time.
Saint Patrick used the three-leaf shamrock to explain the Holy Trinity. His followers symbolized their religious beliefs with it. To show pride, linkage, and loyalty in Roman Catholicism, Irish people often wore shamrocks on clothing.
A tradition began and soon expanded.
Green beer. Green dye in the Chicago River. Green clothes.
Erin go braugh!
It's A Wonderful ©
by David Krell
david@davidkrell.com
In 1946, America met everyman George Bailey, guardian angel Clarence, and the people of Bedford Falls in the classic film It’s A Wonderful Life.
Some on the so-called “copyleft” may argue that the film’s iconic status stems from perennial holiday season airings in the 1970’s and 1980’s on PBS and independent television stations (those not owned or affiliated with a television network).
The trigger for the repeated broadcasts was a simple clerical error – failure to renew the copyright.
Under the copyright law in 1946, copyright owners enjoyed their copyrights for 28 years. They could extend their copyrights for another 28 years by simply filing a renewal.
Whoever was in charge of that particular function dropped the ball, just like Uncle Billy did when he put $8,000 in a newspaper and absentmindedly handed it to Mr. Potter.
When the copyright for It’s A Wonderful Life failed to renew in 1974, television programmers took the view that the film fell into the public domain.
For the bean counters, this meant no license fees or royalties.
For the audiences, this meant wall-to-wall broadcasts on Christmas Day.
For the owners and creators, this meant a double-edge sword.
While It’s A Wonderful Life gained a new generation of fans and consequent popularity, it reminded copyright owners of lost financial opportunities.
Additionally, the film suffered creatively in the home video arena where public domain distributors cut out scenes and often used subpar masters to make VHS copies.
In the 1990’s, Republic Pictures fought hard to strengthen the copyright of It’s A Wonderful Life. They realized success because of the Stewart vs. Abend case.
The case boosts the copyright protection of a derivative work that falls into the public domain if the original work enjoys valid copyright protection.
It’s A Wonderful Life is protected because Republic owned a valid copyright to the original story, The Greatest Gift by Phillip Van Doren Stern.
That’s why the broadcasts are still perennial during the holiday season, but not numerous.
Coincidentally, Jimmy Stewart is the star of It’s A Wonderful Life and a major party in Stewart vs. Abend.
All the Best
david@davidkrell.com
2009 marks the tenth anniversary of the remarkably personal publication of a highly public figure’s thoughts, opinions, and realizations.
All the Best by President George H. W. Bush displays a collection of letters to friends, family, and colleagues. The missives span 1942 to 1998.
All the Best also contains memoranda to superiors and subordinates, letters to journalists and world leaders, and entries in Mr. Bush’s personal journal.
Absent a memoir from the 41st President of the United States, All the Best reveals the pressures, joys, and costs associated with public service, but mostly hidden from the public view. The human factor.
Published in 1999, All the Best is an excellent reminder of the power of the personal touch. The writings comment on the importance of friendship, the bonds of family, and the challenges of political competition. They do more than simply recount recollections. They unveil the emotions experienced in real time.
Three examples stand out.
First, sincerity.
A bomb explosion in the American embassy in Beirut killed 46 people on April 18, 1983. Then Vice President Bush received a letter from a family member who felt he was insincere at a memorial service. Mr. Bush takes full accountability to clarify, calm, and empathize. Part of the Vice President’s responsive letter of June 13, 1983 reads:
I received many expressions of appreciation from others for coming there; but that matters not. If I seemed casual and unconcerned and thus insensitive to your feelings – that is what matters. I came there to help not to hurt; obviously in your case I failed miserably when I told your Grandmother “I wouldn’t have missed it” – that did not mean I was enjoying some festivity. It meant the least I could do was to be there to express the sincere condolences of a grateful country. It wasn’t easy for anyone – I know that. One of my good friends lay dead.
I know my own emotions – I know my own convictions – that you don’t though, is clearly not your fault but mine.
Clearly the letter is written from the heart, as it should have been.
Second, playfulness.
In a letter dated March 30, 1982 to Katharine Hepburn upon her winning the Oscar for Best Actress in On Golden Pond, Vice President Bush writes,
We so enjoyed our meeting – too brief of course; but for Barbara and me, a highlight not soon forgotten. We respect you so – and I guess as a little kid I thought you were the meowest of the cat’s meows –Anyway now we’ve met. But this is about last night’s Oscar too. Hooray for you – 3 cheers for excellence and style and class and honor and warmth. 3 cheers for your decency –
Affectionate regards from yet another Hepburn fan –
Third, humor.
In the 1984 presidential election, George Bush’s Democratic opponent for Vice President was Geraldine Ferraro. A true gentleman, Mr. Bush welcomed Ms. Ferraro to the battle with a letter on July 12, 1984.
It is a good job.
Congratulations on your selection. Good luck – up to a point.
Additionally, All the Best has stellar examples of writing for the reader.
One in particular seems appropriate to recall as baseball’s Opening Day approaches.
In a December 11, 1990 letter to sports writer turned author Dan Jenkins, President Bush injects his love of baseball into a metaphor-ridden letter.
Hope you have a great Christmas. We will, cause even though the economy is batting .199 and the Gulf is hitting .178, life is treating the Bush family with a WILLIAMS like .401.
From 18-year-old pilot in World War II to President to grandfather several times over, George H. W. Bush shows great thought, emotion, and clarity of message in his writings.
In the Preface to All the Best, Mr. Bush indicates the common thread that runs through his writings in his massively diverse roles in public and private life.
It’s all about heartbeat.
Caveat scriptor
david@davidkrell.com
The admonition goes, Don’t write anything down that you would be ashamed to see on the front page of your local newspaper or read aloud in open court.
Caveat scriptor. (Let the writer beware.)
Because of a recent decision by the Ontario Superior Court of Justice, digital social media falls squarely under the warning.
In Leduc v. Roman, the court decided on February 20, 2009 that a plaintiff’s Facebook profile is fair game for cross-examination by the defendant in a personal injury claim.
Justice David Brown concluded, [I]t is reasonable to infer that his social networking site likely contains some content relevant to the issue of how Mr. Leduc [the plaintiff] has been able to lead his life since the accident.
The extension of this decision could have far-reaching implications.
Imagine the pressure increasing in an already intense custody battle because one spouse wants to enter the other’s Facebook comments, photos, or status updates into evidence.
Imagine an employee with a valid wrongful termination lawsuit needing to clarify his or her Facebook persona.
Imagine a situation like the one in Leduc v. Roman where your Facebook profile, reserved for people in your circle, now enters truly public view.
Caveat scriptor, indeed.
Defriend = A New Word?
david@davidkrell.com
A certain word is gaining popularity in our everyday language.
It’s not in the dictionary.
It’s not in the thesaurus.
And it’s not in any spell checker program.
The word is defriend, as in “Jill wants to defriend Jack on Facebook.”
As in Jill no longer wants to receive Instant Messages, E-Mails, or virtual gifts from Jack.
As in Jill no longer wants to be updated on Jack’s actions, thoughts, or behaviors.
As in Jill no longer wants Jack in her electronic life.
Defriending is a simple process on Facebook, electronically speaking. Follow the instructions, click on the icons, and remove the person from your digital aura.
Because of Facebook’s popularity, defriend has potential to become an official word like its digital predecessors.
Login, web, and E-Mail were words once known only to computer users. As computer use soared in the 1990’s to the tipping point, so did the use of words associated with computers.
Facebook is approaching the tipping point in digital social media. If Facebook continues its momentum, defriend will likely become part of the official lexicon.
It might even open the door for an already existing word to expand its definition.
Presently, we use status to refer to money, power, and social position. On Facebook, status refers to views, thoughts, and actions.
Digital social media is the latest technology to introduce new words, phrases, and languages to society. This expanding communication baseline recalls filmmaker Federico Fellini who said, A different language is a different vision of life.
Romeo & Juliet & Law
david@davidkrell.com
Most of us read Romeo & Juliet in high school. Shakespeare’s tale of two star-crossed lovers from warring factions is certainly a classic one.
And the premise is a constant in entertainment.
Last month, West Side Story returned to Broadway. The theater touchstone takes Romeo & Juliet into a gang theme.
The powerhouse television series Dallas first revolves around the feud between the oil-based Barnes and Ewing families and the further complications triggered by a Barnes daughter marrying a Ewing son.
The lighter tv-movie Pizza My Heart takes a small business approach with rival pizza parlors providing the conflict.
And the recent phenomenon of High School Musical uses high school cliques to generate the drama.
In the original story, Juliet nicely summarizes her strategy for Romeo to ignore the influence of his family and pursue true and lasting love with her. She does it clearly and concisely.
Deny thy father, refuse thy name.
But what if Juliet was a lawyer? A lawyer can take a simple line and pump it full of jargon.
Whereas we are in love and notwithstanding the potential impact on your inheritance and possibility of retaliation by your family on your person, reputation, or assets, I urge you in the strongest possible terms to abdicate your name, family, and all of the benefits pertaining thereto. If abdication is fully and completely accomplished, we can enjoy our lives freely and without interference from members of either the Capulet or Montague families or duly authorized representatives thereto.
Jargon is clarity’s enemy. Unfortunately, lawyers and other professionals are sometimes beholden to it, to the detriment of their colleagues and certainly their lay readers and listeners.
If we are in a situation absolutely requiring jargon, we cannot let it block the reason for the message. Document summaries, headings, and definitions can be terrific assets in cutting through the jargon’s thickness and clarifying the underlying message.
Short Words
david@davidkrell.com
Winston Churchill was right.
The British Prime Minister who inspired the world with his words during World War II said, “Broadly speaking, the short words are the best, and the old words best of all.”
As an example, let’s take an excerpt from his famous speech to Britain’s House of Commons on June 4, 1940.
The British Empire and the French Republic, linked together in their cause and in their need, will defend to the death their native soil, aiding each other like good comrades to the utmost of their strength.
Clear. Concise. Purposeful.
But what if we changed it to the following:
The British Empire and the French Republic, because of their common connection in their cause and in their need, will take the appropriate and necessary measures to properly protect and defend their native soil, even if their actions lead to death, providing the required assistance to each other like good friends to the absolute capability of their strength.
Wordier. Clunkier. Tiring. (Ok, ‘clunkier’ is not really a word. But you get the idea.)
A writer’s choice of words is a prime factor in a document’s effectiveness. In this excerpt, Churchill makes three choices that strengthen its message.
First, linked together conjures an image of an unbreakable chain, unlike our weaker “common connection” phrase that sounds like something we might find on Facebook.
Second, the word defend implies that one will both protect and defend something. There is no need to use the phrase protect and defend when defend suffices. Why use two words when you can use one to make your point?
Third, the word comrades is often used in a military setting, the exact reason for the speech. Churchill is letting the world know that France is more than a friend, it is a comrade with whom Britain will shed blood on the battlefield to secure freedom, if necessary.
Hooray For Captain Tuttle!
david@davidkrell.com
Resume writing is an art form. And our challenging economy demands artistic excellence.
I found an inspired example in a first-season episode of M*A*S*H influenced by the 1927 novella Lieutenant Kijé by Soviet author Yury Tynyanov.
Yes, classic television can inform as well as entertain.
In the 1973 M*A*S*H episode Tuttle, we learn the art of writing a resume for the reader.
The episode centers on U.S. Army Captain Jonathan Tuttle.
But he does not exist. He is, in fact, fictional.
Initially, Hawkeye creates the fictional Captain Tuttle as a smokescreen to authorize donations of supplies to Sister Teresa’s orphanage under Tuttle’s name.
When word spreads about Tuttle, Hawkeye and Trapper realize they have to build a personnel file to lend further credence to Tuttle’s history.
And they artfully construct his resume by writing for the readers, their antagonists who want to see the file – Margaret “Hot Lips” Houlihan and Frank Burns.
The deed of Hawkeye and Trapper is an excellent example of writing for the reader, in this case, the blindingly patriotic Houlihan and Burns.
Hawkeye and Trapper view the task of writing a resume as a challenge, not a chore. And so, a resume is born for Tuttle.
Birth Year, 1924.
Birthplace, Battle Creek, Michigan.
What’s more patriotic than the home of Snap, Crackle, and Pop?
The tricky part comes when they need a medical school for Tuttle. Knowing that they can’t pick a place that Hot Lips and Frank can check, they invent Berlin Polytechnic or Berlinicius Polyteshnicus.
And in a nod to the ‘write for the reader’ theme, Hawkeye gives specific, physical attributes to Tuttle and emphasizes the purpose, stating, “Now a little something for Hot Lips. Height, six-four. Weight, 195 pounds. Hair, auburn. Eyes, hazel.”
He knows that Hot Lips will be physically drawn to the description. Her attraction will prevent her from realizing the fiction.
Ultimately, Hawkeye has to kill Tuttle when a general wants to give Tuttle a commendation.
Hawkeye explains that Tuttle died when he jumped from a helicopter to perform surgery in the combat field. But he forgot to put on a parachute.
In the eulogy, Hawkeye says, In fact, you might say that all of us together made up Tuttle.
Truer words were never spoken.