2007 Leigh Dance The reproduction, modification, or distribution by whatever means of the whole or any part of this presentation (including, without limitation, all images, logos, graphs, charts and quotes) is strictly forbidden without specific written permission from the author.

CLIENT DEVELOPMENT Opportunities for 2004 CLIENT DEVELOPMENT Opportunities for 2004 E. Leigh Dance ELD Project Marketing International, Inc. Lex Mundi – European Marketing Summit Rome – March 5, 2004 E. Leigh Dance ELD Project Marketing International, Inc. Lex Mundi – European Marketing Summit Rome – March 5, 2004

Companies active in Europe will likely need support in 2004/5 on: Working with the changing EU antitrust enforcement system - modernisation Enlargement of the European Union White collar crime related to cartels and other breaches of law Working with the changing EU antitrust enforcement system - modernisation Enlargement of the European Union White collar crime related to cartels and other breaches of law

Today’s Presentation : Presentation of the specific developments that create opportunities Discussion of the envisioned client needs How law firms can best respond Interactive: your questions are welcome throughout Presentation of the specific developments that create opportunities Discussion of the envisioned client needs How law firms can best respond Interactive: your questions are welcome throughout

Law firm faux pas #1 Communicating with clients about new laws and regulations as if they were one of you– a private practice lawyer (TOO MUCH DETAIL!) “… In sufficiently competitive markets, national regulatory authorities (NRAs) must remove any existing ex onte regulatory obligations … Henceforth they may impose ex onte regulation only where existing competition rules prove ineffective and only on [those] deemed to have ‘significant market power’ (SMP). The concept of SMP has been redefined from a 25% market share to the competition law concept of ‘dominance.’ … Regulation will now be achieved through application of EU and national competition law to specific cases.” - Coudert Brothers ‘Executive Summary’ on modernisation Communicating with clients about new laws and regulations as if they were one of you– a private practice lawyer (TOO MUCH DETAIL!) “… In sufficiently competitive markets, national regulatory authorities (NRAs) must remove any existing ex onte regulatory obligations … Henceforth they may impose ex onte regulation only where existing competition rules prove ineffective and only on [those] deemed to have ‘significant market power’ (SMP). The concept of SMP has been redefined from a 25% market share to the competition law concept of ‘dominance.’ … Regulation will now be achieved through application of EU and national competition law to specific cases.” - Coudert Brothers ‘Executive Summary’ on modernisation

Law firm faux pas #2 Not explaining what they should do about the new law or regulation “… “The new modernisation regulation is concerned with restrictive practices and abuses of dominance (but not with merger control, which is the subject of a separate review). The fundamental change introduced by the Regulation is not the substance of the law, but to the procedures and responsibilities for applying it.” - Linklaters’ review of modernisation, on their website Not explaining what they should do about the new law or regulation “… “The new modernisation regulation is concerned with restrictive practices and abuses of dominance (but not with merger control, which is the subject of a separate review). The fundamental change introduced by the Regulation is not the substance of the law, but to the procedures and responsibilities for applying it.” - Linklaters’ review of modernisation, on their website

Law firm faux pas #3 Acting as if the new law or regulation was equally important to every client - always answer the client question: Why should I care about this now? - specify sectors and structures that are particularly affected Acting as if the new law or regulation was equally important to every client - always answer the client question: Why should I care about this now? - specify sectors and structures that are particularly affected

Three faux pas in marketing new opportunities : Too much detail, too much legalease Not enough about business implications Not specific or targeted enough Too much detail, too much legalease Not enough about business implications Not specific or targeted enough

CLUE If you marketing staff don’t understand the issues… chances are your clients won’t understand either If you marketing staff don’t understand the issues… chances are your clients won’t understand either

Questions? 1. 1.Competition in these areas 2. 2.Barriers clients may have to seeking or buying outside advice 3. 3.Demands on the law firm that provides these services 1. 1.Competition in these areas 2. 2.Barriers clients may have to seeking or buying outside advice 3. 3.Demands on the law firm that provides these services

CLIENT DEVELOPMENT Opportunities for 2004 CLIENT DEVELOPMENT Opportunities for 2004 E. Leigh Dance ELD Project Marketing International, Inc. Rome: , NY: Lex Mundi – European Marketing Summit Rome – March 5, 2004 E. Leigh Dance ELD Project Marketing International, Inc. Rome: , NY: Lex Mundi – European Marketing Summit Rome – March 5, 2004