Call it the case of the Renegade Expert. A federal judge's 78-page order enjoining an expert involved in Zyprexa mass-tort litigation from releasing documents serves as a cautionary tale for any lawyer operating under a judicial gag order.
U.S. District Judge Jack B. Weinstein issued the injunction Feb. 13th after an expert retained by plaintiffs in the litigation against drug manufacturer Eli Lilly & Company leaked documents concerning the anti-psychotic drug to the news media and others.
Despite having agreed in writing to be bound by the protective order, the expert conspired with a lawyer unconnected to the litigation to come up with a scheme for providing the documents to a New York Times reporter and others, Weinstein found.
The expert and the lawyer "deliberately thwarted a federal court's power to effectively conduct civil litigation under the rule of law," the judge said, and therefore "should be enjoined to deter further violations of this and other courts' orders."
The Alaska Connection
The complex series of events leading up to the order began in October 2006, when the Houston-based Lanier Law Firm, which represents plaintiffs in the litigation, retained Dr. David Egilman to serve as a medical expert.
Earlier, Judge Weinstein, with the consent of the parties, ordered internal Lilly documents sealed in what was designated Case Management Order No. 3, or CMO-3. The order permitted parties to share confidential materials with their expert witnesses, provided the experts agreed in writing to adhere to the order.
At the Lanier firm's request, Egilman signed the written agreement to adhere to the protective order. Almost immediately, however, he began speaking with New York Times reporter Alex Berenson about how he could provide him with certain protected documents.
At Berenson's suggestion, Weinstein found, Egilman contacted James Gottstein, a lawyer in Alaska unconnected to the Zyprexa litigation. Agreeing to help Egilman release the documents, Gottstein intervened in an unrelated Alaska case and immediately subpoenaed Egilman to appear for a telephonic deposition and to bring with him all documents in his possession relating to 15 drugs, including Zyprexa.
Egilman notified Lilly of the subpoena but not the Lanier lawyers who retained him. Before Lilly could respond, however, the Alaska lawyer obtained an ex parte order amending the subpoena to direct Egilman to provide the documents in advance of the deposition. Egilman informed neither Lilly nor Lanier of this amended order. (Upon learning of these events, the Lanier firm immediately discharged the expert.)
Plugging the Leak
On Dec. 13th, Egilman began sending the documents to Gottstein electronically. Lilly learned of this two days later, but by then the lawyer had already started to forward them to Berenson and others. Lilly immediately informed the special master overseeing discovery in the Zyprexa litigation. He ordered Gottstein to return the documents. Gottstein replied that he had voluntarily stopped disseminating the documents after having been contacted by Lilly.
On Dec. 17th, a series of articles based on the documents began to appear in the New York Times. Lilly and the Plaintiffs' Steering Committee jointly petitioned the court for an injunction. After a preliminary injunction was issued on Dec. 29th, Judge Weinstein initiated a hearing on a permanent injunction.
In his order following that hearing, Weinstein made the injunction permanent against Egilman and Gottstein. He declined to enjoin any media outlet or Web site.
Weinstein was particularly harsh in his discussion of the expert. "Here, an expert hired by plaintiffs agreed in writing not to distribute documents sealed by court order," he wrote. "He was given access to those documents so that he could assist plaintiffs - people suffering from serious disabilities, mental and physical - in pressing their civil suit against defendant, a major pharmaceutical company."
In violation of his legal obligations, Weinstein wrote, the expert "deliberately violated this court's protective order and published sealed documents, intending that they be widely distributed." The judge noted that the expert "took particular pains to deny Lilly an opportunity to prevent the breach" by making the documents public before Lilly could act.
"Even if one believes, as apparently did the conspirators, that their ends justified their means, courts may not ignore such illegal conduct without dangerously attenuating their power to conduct necessary litigation effectively on behalf of all the people," Weinstein wrote. "Such unprincipled revelation of sealed documents seriously compromises the ability of litigants to speak and reveal information candidly to each other; these illegalities impede private and peaceful resolution of disputes."
About the Author
This article was originally published in BullsEye, a newsletter distributed by IMS ExpertServices. IMS ExpertServices is the premier expert witness and litigation consultant search firm in the legal industry, focused exclusively on providing custom expert witness searches to attorneys. We are proud to be the choice of 89 of the AmLaw Top 100. To read this and other legal industry BullsEye publications, please visit IMS ExpertServices' recent arti
Thursday, April 12, 2007
What Is A Lemon Law?
Lemon laws are United States Laws designed to protect the rights of consumers. They are usually used for vehicles but apply to all commercial articles. In this article we will concentrate on Lemon Laws as applicable to vehicles. A lemon is a term used to describe a new vehicle that needs excessive repair even though it is new.
It has to meet the following criteria:
Age. Usually for vehicles less than a year old.
Warranty. Usually within the warranty period. In some states the warranty period is not recognized and the cases may be entertained even if the vehicle is out of warranty period depending upon the discretion of the court. The rights of consumers by virtue of Lemon laws may exceed the warranties given by the manufacturer.
Repairs. The vehicle needs frequent identical repair, usually at least 4 times. The repairs should be major repairs that affect the operation, safety and value of the vehicle.
Down Time of the Vehicle. If the vehicle is down for more than 30 days in a year due to defect then it comes under the ambit of lemon laws. The 30 days need not be consecutive days.
The lemon laws cover only new vehicles and not used vehicles. The vehicle owners should note few points that help in proving the case in court.
Repair Order. A repair order should be obtained for every repair visit. The repair order should detail date, problem or diagnosis and attempted repair on the vehicle.
Purchase documents. Purchase documents like contracts, warranties, bills etc should be preserved. Lemon Law Notice. A lemon law notice should be served to the manufacturer for a refund or a replacement vehicle. The manufacturer should respond within 30 days. For normal wear and tear in the lemon vehicle there should be no deduction from the manufacturer. Manufacturers Arbitration Program. Some states make it mandatory to use the manufacturers arbitration program if available before suing them in court.
Attorney. Utilize the services of an attorney as they are aware of the details of the laws. Many lawyers work on contingency basis, which means that you pay the lawyer if you win the case. Usually the courts award double the cost of the vehicle plus the cost of litigation if you win. Most such litigations are settled outside the court, so it is wise to hire a competent lawyer who can negotiate to your benefit. As with most laws, Lemon laws vary from state to state, however the principle remains the same, which is protection of the consumers interest.
About the Author
Keith George always writes about valuable news. A related resource is Lemon Laws In Florida. Further information can be found at About Health.
It has to meet the following criteria:
Age. Usually for vehicles less than a year old.
Warranty. Usually within the warranty period. In some states the warranty period is not recognized and the cases may be entertained even if the vehicle is out of warranty period depending upon the discretion of the court. The rights of consumers by virtue of Lemon laws may exceed the warranties given by the manufacturer.
Repairs. The vehicle needs frequent identical repair, usually at least 4 times. The repairs should be major repairs that affect the operation, safety and value of the vehicle.
Down Time of the Vehicle. If the vehicle is down for more than 30 days in a year due to defect then it comes under the ambit of lemon laws. The 30 days need not be consecutive days.
The lemon laws cover only new vehicles and not used vehicles. The vehicle owners should note few points that help in proving the case in court.
Repair Order. A repair order should be obtained for every repair visit. The repair order should detail date, problem or diagnosis and attempted repair on the vehicle.
Purchase documents. Purchase documents like contracts, warranties, bills etc should be preserved. Lemon Law Notice. A lemon law notice should be served to the manufacturer for a refund or a replacement vehicle. The manufacturer should respond within 30 days. For normal wear and tear in the lemon vehicle there should be no deduction from the manufacturer. Manufacturers Arbitration Program. Some states make it mandatory to use the manufacturers arbitration program if available before suing them in court.
Attorney. Utilize the services of an attorney as they are aware of the details of the laws. Many lawyers work on contingency basis, which means that you pay the lawyer if you win the case. Usually the courts award double the cost of the vehicle plus the cost of litigation if you win. Most such litigations are settled outside the court, so it is wise to hire a competent lawyer who can negotiate to your benefit. As with most laws, Lemon laws vary from state to state, however the principle remains the same, which is protection of the consumers interest.
About the Author
Keith George always writes about valuable news. A related resource is Lemon Laws In Florida. Further information can be found at About Health.
The Need For An Expert Corporate Lawyer
A corporation lawyer may have several areas of expertise. A corporate lawyer can either specialize in forming corporations, or in the drafting of the appropriate articles of incorporation and by-laws. There is also a lawyer who specializes in liquidating or dissolving a corporation or a lawyer who masters in bringing a suit for and in behalf of a corporation.
But do you really need separate lawyers for each and every concern of the corporation? Of course not. You can actually find an expert corporate lawyer for all of these. You can find a single lawyer who can help you establish the corporation, make the necessary articles of incorporation and by-laws, sue and defend for and in behalf of the corporation and dissolve the corporation in case the stockholders desire so. There is no need to hire and pay a separate lawyer for all these corporate concerns. All you have to do is to get one expert lawyer and pay him or her, the corresponding retainer's fee for every service rendered to the corporation as the need arises.
Truly, we are all aware of the great need of an expert corporate lawyer for our corporation. There is no question about this. However, we must also be aware that we can actually have one expert lawyer that will handle all the needs of our corporation. There is no need to spend lots of money in just trying to get several lawyers to cater to the needs of the corporation. One expert lawyer will be enough. There are so many corporate lawyers available today. The issues, problems and questions involving a corporation is not that complicated. So why make it one? By just looking and browsing the Internet, you can actually find a law firm that will provide you with a corporate lawyer who is well-acquainted with our corporation laws. Try getting one and just pay the corresponding retainer's fee to the law firm. Surely, all the corporation's concerns will be handled competently by the lawyer assigned to your corporation.
-----
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of businesses. He is part of the Mesriani Law Group and is currently taking information technology studies as well.
About the Author
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of businesses. He is part of the Mesriani Law Group and is currently taking information technology studies as well.
But do you really need separate lawyers for each and every concern of the corporation? Of course not. You can actually find an expert corporate lawyer for all of these. You can find a single lawyer who can help you establish the corporation, make the necessary articles of incorporation and by-laws, sue and defend for and in behalf of the corporation and dissolve the corporation in case the stockholders desire so. There is no need to hire and pay a separate lawyer for all these corporate concerns. All you have to do is to get one expert lawyer and pay him or her, the corresponding retainer's fee for every service rendered to the corporation as the need arises.
Truly, we are all aware of the great need of an expert corporate lawyer for our corporation. There is no question about this. However, we must also be aware that we can actually have one expert lawyer that will handle all the needs of our corporation. There is no need to spend lots of money in just trying to get several lawyers to cater to the needs of the corporation. One expert lawyer will be enough. There are so many corporate lawyers available today. The issues, problems and questions involving a corporation is not that complicated. So why make it one? By just looking and browsing the Internet, you can actually find a law firm that will provide you with a corporate lawyer who is well-acquainted with our corporation laws. Try getting one and just pay the corresponding retainer's fee to the law firm. Surely, all the corporation's concerns will be handled competently by the lawyer assigned to your corporation.
-----
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of businesses. He is part of the Mesriani Law Group and is currently taking information technology studies as well.
About the Author
John Luke Matthews is a regular contributor of relevant articles about the jurisprudence of businesses. He is part of the Mesriani Law Group and is currently taking information technology studies as well.
Investing: Readers Expose Mortgage Schemes
Getting a new mortgage? Watch Out! Mortgage brokers (even at banks) get paid on commission. As interest rates rise, they must become more creative to make a living. Many are honest, but there's plenty that won't blink an eye at taking advantage of uninformed consumers. Don't be one of them!
In my previous two articles, I've shared how and when Interest-Only, Option-ARM and Reverse Mortgages should and shouldn't be used. (Read them at www.guardingyourwealth.com.) I've warned readers to be very careful when refinancing or purchasing a mortgage because the person you are dealing with may not have your best interest at heart. Here are some true stories that clearly illustrate that.
David shares, "A licensed securities dealer has proposed that I take $300,000 in equity out of my house before home values plummet and invest the entire amount in an "investment grade" life insurance policy, specifically an Equity-Indexed Universal Life (EIUL) policy."
He described in detail how this would allow any future growth, loans and death-benefits to be tax-free. He also listed some of the negatives, such as the high cost of the insurance policy and other expenses. The advisor had shown him that he could pay off his house after 10 years with the investment, with money left over.
He closed by saying, "It sounds almost too good to be true. Is this program too risky, or too expensive, to warrant investing my home equity?"
Of course it's too good to be true! It doesn't make sense to tap your home's equity for any investment. His home had probably been the best investment he had ever had. He was earning a guaranteed 6% or so (the interest rate on your mortgage) while increasing his equity at the same time. Don't put that at risk.
This is just one of the new schemes developed by agents to keep the commission dollars flowing. People like David, who are not retired, don't have a lot of investable assets for 'advisors' to go after. The bulk of most people's investable assets are in a 401(k) or other company retirement program.
The 'pot of gold' that pre-retirees do have is the equity in their home. Because homes have appreciated, many have significant equity. This scheme allows agents/advisors to tap that money when they otherwise couldn't.
In this specific case, the agent could be making $85,000 off of this transaction! No wonder it sounded like such a good idea! To be frank, this borders on a scam and is not consistent with any good financial planning principles. This 'advisor' should lose his/her license.
'Av' wrote about a horror story involving her parents' purchase of an Option-ARM mortgage from an unscrupulous mortgage broker. To be safe, her parents included other family members in the talks with the mortgage broker. He laid out all the details, including the most intriguing part: an interest rate of only 1.65%. He assured them the payments would only be $300 per month. They couldn't believe it and asked him several times to verify that information. Based on his assurances they took the mortgage.
Then the first payment coupon came. She says, "Imagine my shock when (the real interest rate) was 5.6%. I called...and got the run around. I was told the payment hadn't gone up." The true amount due just to cover the interest was considerably more then the $300 they expected. By paying just the $300 their amount borrowed would continue to increase.
Before the sale, the mortgage broker had been so trustworthy and always quickly returned their calls. Now he gave them the cold shoulder. When they finally reached him, he said "You've signed the papers and that's that."
Clearly frustrated, she says, "So I am paying about 6% interest on a loan that 4 adults heard was only going to be 1.65%...we were played the fool big time and I want to warn other people."
Don't accept any mortgage broker or other financial advisors' word on something. It must be in writing. If you don't understand the contract, take it to a lawyer or a Certified Financial Planner who doesn't have an interest in the transaction for an objective point of view. Be careful so you don't become the next horror story.
Have a financial question? Send me an email and I'll personally respond, free of charge. Go to www.guardingyourwealth.com and click on 'Ask Jeff'.
SPECIAL REPORT:
Over 80% of equity-indexed annuities purchased in America come from Allianz, which skims billions of dollars per year from unsuspecting folks (most of whom are seniors) all over the country.
Chances are very good that you, or someone you know, has been pitched on this particular product by an agent. In my brand new report (just released), I pull back the curtain on the shady practices being used to pawn this deceptive and deceitful product off on innocent investors.
Click here for your complimentary copy:
http://www.guardingyourwealth.com/SpecialReports/Allianz.htm
In addition to being a nationally syndicated columnist and Certified Financial Planning Practitioner, Mr. Voudrie provides personal, private money management services to clients nationwide.
About the Author
Nationally-syndicated financial columnist and Certified Financial Planner® Jeffrey Voudrie provides personal, in-depth money management services and advice to select private clients throughout the USA. He'll answer your financial question - FREE at www.guardingyourwealth.com.
In my previous two articles, I've shared how and when Interest-Only, Option-ARM and Reverse Mortgages should and shouldn't be used. (Read them at www.guardingyourwealth.com.) I've warned readers to be very careful when refinancing or purchasing a mortgage because the person you are dealing with may not have your best interest at heart. Here are some true stories that clearly illustrate that.
David shares, "A licensed securities dealer has proposed that I take $300,000 in equity out of my house before home values plummet and invest the entire amount in an "investment grade" life insurance policy, specifically an Equity-Indexed Universal Life (EIUL) policy."
He described in detail how this would allow any future growth, loans and death-benefits to be tax-free. He also listed some of the negatives, such as the high cost of the insurance policy and other expenses. The advisor had shown him that he could pay off his house after 10 years with the investment, with money left over.
He closed by saying, "It sounds almost too good to be true. Is this program too risky, or too expensive, to warrant investing my home equity?"
Of course it's too good to be true! It doesn't make sense to tap your home's equity for any investment. His home had probably been the best investment he had ever had. He was earning a guaranteed 6% or so (the interest rate on your mortgage) while increasing his equity at the same time. Don't put that at risk.
This is just one of the new schemes developed by agents to keep the commission dollars flowing. People like David, who are not retired, don't have a lot of investable assets for 'advisors' to go after. The bulk of most people's investable assets are in a 401(k) or other company retirement program.
The 'pot of gold' that pre-retirees do have is the equity in their home. Because homes have appreciated, many have significant equity. This scheme allows agents/advisors to tap that money when they otherwise couldn't.
In this specific case, the agent could be making $85,000 off of this transaction! No wonder it sounded like such a good idea! To be frank, this borders on a scam and is not consistent with any good financial planning principles. This 'advisor' should lose his/her license.
'Av' wrote about a horror story involving her parents' purchase of an Option-ARM mortgage from an unscrupulous mortgage broker. To be safe, her parents included other family members in the talks with the mortgage broker. He laid out all the details, including the most intriguing part: an interest rate of only 1.65%. He assured them the payments would only be $300 per month. They couldn't believe it and asked him several times to verify that information. Based on his assurances they took the mortgage.
Then the first payment coupon came. She says, "Imagine my shock when (the real interest rate) was 5.6%. I called...and got the run around. I was told the payment hadn't gone up." The true amount due just to cover the interest was considerably more then the $300 they expected. By paying just the $300 their amount borrowed would continue to increase.
Before the sale, the mortgage broker had been so trustworthy and always quickly returned their calls. Now he gave them the cold shoulder. When they finally reached him, he said "You've signed the papers and that's that."
Clearly frustrated, she says, "So I am paying about 6% interest on a loan that 4 adults heard was only going to be 1.65%...we were played the fool big time and I want to warn other people."
Don't accept any mortgage broker or other financial advisors' word on something. It must be in writing. If you don't understand the contract, take it to a lawyer or a Certified Financial Planner who doesn't have an interest in the transaction for an objective point of view. Be careful so you don't become the next horror story.
Have a financial question? Send me an email and I'll personally respond, free of charge. Go to www.guardingyourwealth.com and click on 'Ask Jeff'.
SPECIAL REPORT:
Over 80% of equity-indexed annuities purchased in America come from Allianz, which skims billions of dollars per year from unsuspecting folks (most of whom are seniors) all over the country.
Chances are very good that you, or someone you know, has been pitched on this particular product by an agent. In my brand new report (just released), I pull back the curtain on the shady practices being used to pawn this deceptive and deceitful product off on innocent investors.
Click here for your complimentary copy:
http://www.guardingyourwealth.com/SpecialReports/Allianz.htm
In addition to being a nationally syndicated columnist and Certified Financial Planning Practitioner, Mr. Voudrie provides personal, private money management services to clients nationwide.
About the Author
Nationally-syndicated financial columnist and Certified Financial Planner® Jeffrey Voudrie provides personal, in-depth money management services and advice to select private clients throughout the USA. He'll answer your financial question - FREE at www.guardingyourwealth.com.
How to program your message to play on everyones favorite radio station: WIFM
A note from us...
Thanks for subscribing to BrandReturn. We hope you're enjoying our tips to grow your brand and improve the return you get on your marketing investment. Don't forget to drop us a line with any questions or concerns you have about growing your brand and improving your return. We'll be happy to answer your question in an upcoming issue of BrandReturn.
One concern every business has is how to sell more of its product. Even a giant company like Microsoft misses the point sometimes. Hopefully, this issue of BrandReturn will give you some tips for improving your message.
Of course, you could always hire us to help you...
PS. Wednesday, 3 / 21 is the first day of Spring! Celebrate with a free water ice at your local Rita's.
How to program your message to play on everyone's favorite radio station: WIFM
Every wants to know "what's in it for me." Prospects will tune out your message out if they don understand how your product benefits them.
A recent online search for "Microsoft Vista" generated 8 negative listings out of the 10 items on the page (unless of course you search using Internet Explorer). Several of the articles discussed problems with Vista and openly recommended against making the purchase.
Business life is complex enough and technology issues only make it even more complicated. In addition, people tend to resist change in general, so it's no wonder people aren't exactly running out in droves to purchase Microsoft's latest development.
There's a lesson in this for every company: Never forget that a consumer's first concern is always "What's in it for me?" Help customers understand how your product benefits them and you won't have to convince them to buy. The product will practically become a magnet and attract customers who want that benefit.
While we all like to think we're very different from everyone else in the world, we're really very similar. We share similar feelings, similar beliefs, similar drives, and similar hopes. The more you understand your target market, the more you'll understand the different emotions that are unique to that market. Your messages can then be crafted to touch those emotions.
For example, each of us is afraid of something. What common fears do your customers and prospects share? If you can remind them of a fear and help them understand why your product is the best solution for that fear, you'll sell more of it. A silly example is deodorant. We're all afraid of smelling badly and afraid of being embarrassed. A deodorant commercial taps into these fears and we buy it.
While we all have desires, most of us will do more to avoid the things we fear than we will to move closer to getting the things we desire.
If Microsoft had worked harder to understand its customers and what fears we have about our computers, they'd have an easier time convincing us to head out to buy Vista.
I'm saving my money to buy a Mac.
Your next step: Ask yourself what your customers afraid of. Then look at the product you'd like to sell more of. How does that product help people overcome this fear? Then look at the messaging and ask yourself if it clearly reminds them of the fear and tells how your product will relieve it. If it doesn't do those things, that message needs a makeover.
Stuff our lawyer makes us say: You are receiving this newsletter because you have a relationship with us, expressed an interest in our services, or subscribed to it through our website: http//www.abiahdesigns.com. To share it with others, simply forward a copy of this email, but please retain all of this information, especially the copyright information.
If you've received this from a friend and would like to subscribe, sign up for your own copy on our site: http//www.abiahdesigns.com and you won't have to rely on your friend thinking of you the next time.
To remove yourself from this list, just reply to this message with "Unsubscribe" in the subject line.
Copyright © 2007 by Abiah Designs. All rights reserved. If you share this, print it out, or reproduce it in any way, please retain this copyright statement.
About the AuthorA note from us...
Thanks for subscribing to BrandReturn. We hope you're enjoying our tips to grow your brand and improve the return you get on your marketing investment. Don't forget to drop us a line with any questions or concerns you have about growing your brand and improving your return. We'll be happy to answer your question in an upcoming issue of BrandReturn.
One concern every business has is how to sell more of its product. Even a giant company like Microsoft misses the point sometimes. Hopefully, this issue of BrandReturn will give you some tips for improving your message.
Of course, you could always hire us to help you...
PS. Wednesday, 3 / 21 is the first day of Spring! Celebrate with a free water ice at your local Rita's.
How to program your message to play on everyone's favorite radio station: WIFM
Every wants to know "what's in it for me." Prospects will tune out your message out if they don understand how your product benefits them.
A recent online search for "Microsoft Vista" generated 8 negative listings out of the 10 items on the page (unless of course you search using Internet Explorer). Several of the articles discussed problems with Vista and openly recommended against making the purchase.
Business life is complex enough and technology issues only make it even more complicated. In addition, people tend to resist change in general, so it's no wonder people aren't exactly running out in droves to purchase Microsoft's latest development.
There's a lesson in this for every company: Never forget that a consumer's first concern is always "What's in it for me?" Help customers understand how your product benefits them and you won't have to convince them to buy. The product will practically become a magnet and attract customers who want that benefit.
While we all like to think we're very different from everyone else in the world, we're really very similar. We share similar feelings, similar beliefs, similar drives, and similar hopes. The more you understand your target market, the more you'll understand the different emotions that are unique to that market. Your messages can then be crafted to touch those emotions.
For example, each of us is afraid of something. What common fears do your customers and prospects share? If you can remind them of a fear and help them understand why your product is the best solution for that fear, you'll sell more of it. A silly example is deodorant. We're all afraid of smelling badly and afraid of being embarrassed. A deodorant commercial taps into these fears and we buy it.
While we all have desires, most of us will do more to avoid the things we fear than we will to move closer to getting the things we desire.
If Microsoft had worked harder to understand its customers and what fears we have about our computers, they'd have an easier time convincing us to head out to buy Vista.
I'm saving my money to buy a Mac.
Your next step: Ask yourself what your customers afraid of. Then look at the product you'd like to sell more of. How does that product help people overcome this fear? Then look at the messaging and ask yourself if it clearly reminds them of the fear and tells how your product will relieve it. If it doesn't do those things, that message needs a makeover.
Stuff our lawyer makes us say: You are receiving this newsletter because you have a relationship with us, expressed an interest in our services, or subscribed to it through our website: http//www.abiahdesigns.com. To share it with others, simply forward a copy of this email, but please retain all of this information, especially the copyright information.
If you've received this from a friend and would like to subscribe, sign up for your own copy on our site: http//www.abiahdesigns.com and you won't have to rely on your friend thinking of you the next time.
To remove yourself from this list, just reply to this message with "Unsubscribe" in the subject line.
Copyright © 2007 by Abiah Designs. All rights reserved. If you share this, print it out, or reproduce it in any way, please retain this copyright statement.
About the Author
Abiah is an award winning brand strategy and full service marketing firm that helps mid-sized businesses uncover and leverage what makes them unique to become the recognized leader in their market segment. Find out more about them and take the Brand Alignment test at www.abiah.com or call them at 866-982-2424.
To grow your brand call 609 653 2233.
©Abiah 2007 / www.abiah.com. All rights reserved. You're welcome to share this art
Thanks for subscribing to BrandReturn. We hope you're enjoying our tips to grow your brand and improve the return you get on your marketing investment. Don't forget to drop us a line with any questions or concerns you have about growing your brand and improving your return. We'll be happy to answer your question in an upcoming issue of BrandReturn.
One concern every business has is how to sell more of its product. Even a giant company like Microsoft misses the point sometimes. Hopefully, this issue of BrandReturn will give you some tips for improving your message.
Of course, you could always hire us to help you...
PS. Wednesday, 3 / 21 is the first day of Spring! Celebrate with a free water ice at your local Rita's.
How to program your message to play on everyone's favorite radio station: WIFM
Every wants to know "what's in it for me." Prospects will tune out your message out if they don understand how your product benefits them.
A recent online search for "Microsoft Vista" generated 8 negative listings out of the 10 items on the page (unless of course you search using Internet Explorer). Several of the articles discussed problems with Vista and openly recommended against making the purchase.
Business life is complex enough and technology issues only make it even more complicated. In addition, people tend to resist change in general, so it's no wonder people aren't exactly running out in droves to purchase Microsoft's latest development.
There's a lesson in this for every company: Never forget that a consumer's first concern is always "What's in it for me?" Help customers understand how your product benefits them and you won't have to convince them to buy. The product will practically become a magnet and attract customers who want that benefit.
While we all like to think we're very different from everyone else in the world, we're really very similar. We share similar feelings, similar beliefs, similar drives, and similar hopes. The more you understand your target market, the more you'll understand the different emotions that are unique to that market. Your messages can then be crafted to touch those emotions.
For example, each of us is afraid of something. What common fears do your customers and prospects share? If you can remind them of a fear and help them understand why your product is the best solution for that fear, you'll sell more of it. A silly example is deodorant. We're all afraid of smelling badly and afraid of being embarrassed. A deodorant commercial taps into these fears and we buy it.
While we all have desires, most of us will do more to avoid the things we fear than we will to move closer to getting the things we desire.
If Microsoft had worked harder to understand its customers and what fears we have about our computers, they'd have an easier time convincing us to head out to buy Vista.
I'm saving my money to buy a Mac.
Your next step: Ask yourself what your customers afraid of. Then look at the product you'd like to sell more of. How does that product help people overcome this fear? Then look at the messaging and ask yourself if it clearly reminds them of the fear and tells how your product will relieve it. If it doesn't do those things, that message needs a makeover.
Stuff our lawyer makes us say: You are receiving this newsletter because you have a relationship with us, expressed an interest in our services, or subscribed to it through our website: http//www.abiahdesigns.com. To share it with others, simply forward a copy of this email, but please retain all of this information, especially the copyright information.
If you've received this from a friend and would like to subscribe, sign up for your own copy on our site: http//www.abiahdesigns.com and you won't have to rely on your friend thinking of you the next time.
To remove yourself from this list, just reply to this message with "Unsubscribe" in the subject line.
Copyright © 2007 by Abiah Designs. All rights reserved. If you share this, print it out, or reproduce it in any way, please retain this copyright statement.
About the AuthorA note from us...
Thanks for subscribing to BrandReturn. We hope you're enjoying our tips to grow your brand and improve the return you get on your marketing investment. Don't forget to drop us a line with any questions or concerns you have about growing your brand and improving your return. We'll be happy to answer your question in an upcoming issue of BrandReturn.
One concern every business has is how to sell more of its product. Even a giant company like Microsoft misses the point sometimes. Hopefully, this issue of BrandReturn will give you some tips for improving your message.
Of course, you could always hire us to help you...
PS. Wednesday, 3 / 21 is the first day of Spring! Celebrate with a free water ice at your local Rita's.
How to program your message to play on everyone's favorite radio station: WIFM
Every wants to know "what's in it for me." Prospects will tune out your message out if they don understand how your product benefits them.
A recent online search for "Microsoft Vista" generated 8 negative listings out of the 10 items on the page (unless of course you search using Internet Explorer). Several of the articles discussed problems with Vista and openly recommended against making the purchase.
Business life is complex enough and technology issues only make it even more complicated. In addition, people tend to resist change in general, so it's no wonder people aren't exactly running out in droves to purchase Microsoft's latest development.
There's a lesson in this for every company: Never forget that a consumer's first concern is always "What's in it for me?" Help customers understand how your product benefits them and you won't have to convince them to buy. The product will practically become a magnet and attract customers who want that benefit.
While we all like to think we're very different from everyone else in the world, we're really very similar. We share similar feelings, similar beliefs, similar drives, and similar hopes. The more you understand your target market, the more you'll understand the different emotions that are unique to that market. Your messages can then be crafted to touch those emotions.
For example, each of us is afraid of something. What common fears do your customers and prospects share? If you can remind them of a fear and help them understand why your product is the best solution for that fear, you'll sell more of it. A silly example is deodorant. We're all afraid of smelling badly and afraid of being embarrassed. A deodorant commercial taps into these fears and we buy it.
While we all have desires, most of us will do more to avoid the things we fear than we will to move closer to getting the things we desire.
If Microsoft had worked harder to understand its customers and what fears we have about our computers, they'd have an easier time convincing us to head out to buy Vista.
I'm saving my money to buy a Mac.
Your next step: Ask yourself what your customers afraid of. Then look at the product you'd like to sell more of. How does that product help people overcome this fear? Then look at the messaging and ask yourself if it clearly reminds them of the fear and tells how your product will relieve it. If it doesn't do those things, that message needs a makeover.
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Copyright © 2007 by Abiah Designs. All rights reserved. If you share this, print it out, or reproduce it in any way, please retain this copyright statement.
About the Author
Abiah is an award winning brand strategy and full service marketing firm that helps mid-sized businesses uncover and leverage what makes them unique to become the recognized leader in their market segment. Find out more about them and take the Brand Alignment test at www.abiah.com or call them at 866-982-2424.
To grow your brand call 609 653 2233.
©Abiah 2007 / www.abiah.com. All rights reserved. You're welcome to share this art
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