1. Are You Spamming Your Clients? June 17, 2011

2. Introductions  Doug Ladendorf Manager of Marketing Databases & CRM Mayer Brown LLP  1,600 Attorneys  7 domestic office & 14 international  Marketing is international  dladendorf@mayerbrown.com dladendorf@mayerbrown.com  Bill Vannerson Database Marketing Manager Foley & Lardner LLP  900 attorneys  18 domestic & 3 international offices  Marketing is 99% domestic only  WVannerson@foley.com WVannerson@foley.com

3. Agenda  Legal Definition of Spam  ISP/Corporate Definition of Spam  Personal/Individual Definition of Spam  Best Practices

4. What is SPAM?  Definition of Spam  CAN-SPAM Act of 2003  Steps to comply  No false/misleading header info  Subject line must match content  Indicate the message is an advertisement  Include your physical address  Must include a means of opting out or unsubscribing  Opt-outs must be honored within 10 business days

5. ISP Filtering & Scoring  ISPs (internet service Provider) and corporations install software or contract with third-parties to block spam  Spam Assassin – open source mail filter  Postini – enterprise mail filter  Spam Scoring  White Listing/Certification, Black Listing, Reputation

6. Black Listing  Clean lists regularly  Resolve spam complaints promptly  Contact ISP or org. that is blocking  Check email reputation  Work with third-party reputation service  Third-party mailing services - caution

7. White Listing  Exact opposite of Black Listing  Pre-certified as a valid mailer  Pass rigorous standards  White List Database  Successful white listed candidates are added to an approved database that spam filtering software and vendors can check to pre-approve sender’s messages

8. Specific White List Tests  Email is sent from a dedicated IP address.  Email messages accurately identify the source of the message.  There is full disclosure and consent at the point of collection that clearly describes how the sender will use the email addresses and/or other personal information  The recipient has given explicit consent to receiving any Commercial or Promotional Email Messages.  Double opt-in  Recipients are promptly removed from the list when they request to unsubscribe.  The email infrastructure is well maintained & operated responsibly.  List hygiene and bounce-processing system  Reasonably secure networks used to send email messages and store recipient information.  Their email programs maintain very low complaint rates.

9. Litmus  Test in email clients  Test against Spam Assassin and Postini

10. Targeting Your Audience  Foley – traditional static lists  Mayer Brown – dynamic segmenting  How are contacts added to lists?  Who approves use of lists?  No purchased or rented lists

11. Keeping Mailing Lists Clean  List hygiene - Removing obsolete contacts  Process bounced emails  Contacts update preferences through subscription form  Contact Verification email  Folder Dependency Rules – deceased, out of business companies  Circulate to fee-earners

12. Handling Opt-Outs and Opt-Ins  Adding Contacts & Opt-In  Attorney “Add your contact” emails  Referrals  Website links  External lists are a two-step process  Removing Contacts  Every communication has a link to unsubscribe or receive no further communications  Folder dependency rules pull out No Mails from marketing lists nightly  Tikit E-Merge automatically configured to exclude No Mails  Tikit templates also exclude list specific unsubscribes

13. Other Best Practices  Quality HTML / Templates  Test, then test again  Email Text – not overly long, be aware of red-flag words like “free”  “Web bugs” for open rates could add to spam score  Caution when using embedded graphics  Be aware of state BAR rules  Primary, separate or sub- domain?

14. In Summary  There are three aspects of SPAM:  The legal aspect – CAN-SPAM Act of 2003  The ISP filtering/scoring aspect  What things do service providers look at to give indications of spamming?  The personal/individual aspect  Are you sending the right communications?  Are you over-sending?

15. Questions?