Are You Spamming Your Clients?

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

2. Introductions Doug LadendorfManager of Marketing Databases & CRMMayer Brown LLP 1,600 Attorneys 7 domestic office & 14 international Marketing is international dladendorf@mayerbrown.com Bill VannersonDatabase Marketing ManagerFoley & Lardner LLP 900 attorneys 18 domestic & 3 international offices Marketing is 99% domestic only 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?