Ross Fishman

Many law firms send out rather lame holiday cards, cards that marketing guru Ross Fishman would describe as “boring pieces of crap.” Thankfully that wasn’t the case for the eleven finalists in our third annual law firm holiday card contest.

Some of these cards were clever, some were beautiful, and some were funny. All of them were excellent, deserving of recognition and praise for the thoughtfulness and creativity that went into them.

Okay, enough with the sentimental and sappy stuff — you’re lawyers, and you’re competitive. You want to know who won….

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The field of contenders for our third annual law firm holiday card contest was more impressive than ever. We received numerous nominations, and we thank everyone who participated. It took many hours to review the plethora of submissions.

We could complain about how some of you failed to follow contest rule #3, limiting the contest to “cards that are unusually clever, funny, or cool…. cards with some attitude, with that extra je ne sais quoi.” But we won’t; the holiday spirit has us in a good mood. You are all wonderful!

But some of you are more wonderful than others. Let’s look at this year’s finalists….

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Law firm advertising is expensive and certain methods may be cost-prohibitive for small firms. For instance, a small firm may not be able to afford a television or print campaign. Enter online marketing including, among other things, Google AdWords and sponsored links. In 2009, a law firm filed a lawsuit in Wisconsin state court challenging certain marketing strategies as an invasion of privacy, as defined in the Wisconsin privacy statute. Luckily for consumers and small firms, the court disagreed.

The case involved the two most prominent personal injury firms in Wisconsin. One of them, Cannon & Dunphy, used a Google AdWords PPC (price-per-click) strategy (and other search engines) to bid on the name of the state’s largest personal injury firm, Habush, Habush & Rottier. In other words, when a user would search the terms Habush or Rottier, a Cannon & Dunphy link would show up in the shaded section as a Sponsored Link.

Habush sued Cannon, alleging that Cannon’s online marketing campaign violated Wis. Stat. §995.50. That statute prohibits “the use, for advertising purposes or for purposes of trade, of the name . . . of any living person, without having first obtained the written consent of the person,” and provides a cause of action where such an invasion of privacy was unreasonable.

The result of the litigation, after the jump….

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Anthony Weiner at today's press conference (via Getty Images).

* Kashmir Hill’s take on Weinergate. She shares my admiration for Rep. Anthony Weiner’s sculpted physique, as showcased in his shirtless pics. [Not-So Private Parts / Forbes]

* Charles Colman poses a question for intellectual-property types to puzzle over: “at what point is a slogan so descriptive that it would simply be unreasonable to let just one company use it”? [Law of Fashion]

* Ross Fishman asks: How can law firms in smaller cities and legal markets generate inbound referrals? [Ross's Law Marketing Blog]

Kathy Ruemmler

* A closer look at Kathryn Ruemmler, President Obama’s new White House counsel — who’s only 40 years old. [WSJ Law Blog]

* What does the Indian legal community think of the growing trend of “onshoring” (i.e., keeping legal work here in the U.S., but outsourcing away from expensive markets / providers)? [Legally India]

* Summer associates in New York: check out this helpful guide to free and fun things in NYC. [Axiom]

As we mentioned in our last story on the embattled Howrey law firm, the remaining partners will vote this week on whether to wind down the 55-year-old shop. According to Am Law Daily, that vote is set to take place on Wednesday.

For the past few weeks, Winston & Strawn has been waiting in the wings, hoping to help itself to Howrey’s healthiest parts. But as we’ve chronicled in these pages, many of the strongest partners and practice groups have already defected to other firms.

Let’s discuss the latest developments — and also learn the fate of current 3Ls holding offers from Howrey….

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