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| | The May Report: 2/12/2010: The FTC ruling on so-called "blogola" is not constitutional, says Loyola PR professor David Kamerer; Seeking information on Advanced Equities lawsuits; Slow but steady growth at Ifbyphone
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| | February 12, 2010
The May Report: 2/12/2010: The FTC ruling on so-called "blogola" is not constitutional, says Loyola PR professor David Kamerer; Seeking information on Advanced Equities lawsuits; Slow but steady growth at Ifbyphone
Editor and publisher: ron@themayreport.com, ronaldmay@aol.com, www.themayreport.com, 773-525-3944.
If you missed an article, go here: http://www.tmronline.com/A55951/tmrarticles.nsf/vwFullNewsletter
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rawdesignr is a web startup focusing on building great websites for mid size companies, not-for-profit organizations, startups and networking/meetup groups
The Ron May Newsletter Special:
1. At NO cost, we will provide & DOCUMENT a detailed social media marketing strategy for your organization. This includes meeting with your business in person, learning about your goals, creating the strategy & 6 month roadmap (often 4-5 pages long). Again, there is no cost for this, but you must be in the chicagoland area.
2. If you are a not-for-profit organization OR you are looking for a web team for your networking/meetup organization - we do offer our services at 50% discount.
Our organization is built upon transparency & dedication to making sure our clients have a great, modern, clean & easy to use website.
Please contact Robbie at robbie.abed@rawdesignr.com if interested in our services. Our website is http://www.rawdesignr.com.
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TABLE OF CONTENTS
The Scoop section:
-- Briefly noted, by Ron May
-- Ifbyphone and Widerfunnel Achieve a 42% Lift in Phone Call Conversions For Saint Jude Retreats and Ifbyphone Acquires Cloudvox, Changes Face of Cloud Telephony
-- Brian Connolly: The FTC's Social Media Guidelines and Free Speech
-- Candy Renwall: WTY thanks
-- Thursday and Friday, March 4-5: Using Social Media to Align the Corporate and Personal Brand Conference
-- Friday, March 5: CloudCamp Chicago 2010
-- Cards Ron collected at BNC Capital Group on 2/2/2010
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Marcus Stephen Harris LLC Presents: Software Licensing Seminar Series - Revenue Recognition
Click here for more information and to sign up: http://eepurl.com/hxdB
Negotiating software licenses is a complicated process that takes knowledge and skill. Revenue-recognition problems are arguably the leading cause of restatements among software companies. The consequences of getting it wrong can be severe. Some of the basic criteria for recognizing revenue are dependent on the structure and terms of a software agreement.
This seminar will focus on understanding revenue recognition issues and drafting and negotiating agreements so as to minimize revenue recognition issues.
YOU WILL LEARN HOW TO:
• Analyze revenue recognition issues
• Avoid problematic language
• Understand Revenue recognition issues and their background
• Determine alternative ways to address customer concerns
Speakers:
Dave Tuttle is a global financial executive with experience in manufacturing, services, and technology companies. He was most recently CFO of Torex Retail US, a global leader in retail software and hardware technology solutions. He also was responsible for implementing US GAAP revenue recognition in conjunction with IFRS reporting for the London and Europe based businesses.
Previously, Dave held several senior roles with hardware, software, and technology services companies ranging from $150 million to $2.2 billion in revenue. He has been involved with two successful IPO's, several debt offerings, and over 20 acquisitions.
Marcus Harris is an attorney that works with technology companies, software developers and users regarding software development, licensing, ownership and distribution. Prior to starting his own practice he was Senior Corporate Counsel at SSA Global.
Details:
When: Thursday, February 25, 2010?
Where: TechNexus?200 S. Wacker Drive 15th Floor Chicago, IL 60606
Time: 11:30 am - 1:30 pm
Cost: $35
Lunch will be provided
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_____________________________________
MIT Enterprise Forum Chicago Feb. 16 Event: Nanoscience and
Nanotechnology
Technology often leads the way out of economic downturns.
One likely candidate this time around is the market-disrupting
power of nanoscale science and technologies. Join MIT EF Chicago
for an entertaining preview from one of the country's leading experts:
Dr. Tijana Rajh
Group Leader, NanoBio Interface Group
Argonne National Laboratory
You'll learn how there is almost nothing that nanoscale technology
will not touch over the next few years, from every kind of material
to medicine, beauty products, sports equipment, information technology,
transportation, energy, and more. It's nanoscale, but maxiscope!
When
Tuesday February 16
5:00-6:15 pm Networking
6:30-8:00 pm Program
Where
At our new host sponsor
Ungaretti & Harris LLP
70 W. Madison St.
4th Floor Conference Center
Chicago
Cost
Free to members; $30 advance payment for non-members/guest
REGISTER at
http://bit.ly/9XCpCr
NOTE A NEW NETWORKING AND MEETING LOCATION!
WELCOME OUR NEW SPONSOR, UNGARETTI & HARRIS!
It may be the same address and the same time, but
you'll have an opportunity to meet new people
with our new sponsor, the law firm of Ungaretti & Harris LLP.
70 W. Madison St., Chicago
4th Floor Conference Center
REGISTER at
http://bit.ly/9XCpCr
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The Scoop section:
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Briefly noted, by Ron May
* I got a call at about 3:15pm Tuesday, February 9th, from a woman named
Doreen S. who has been an investor in Advanced Equities, Inc. offerings. She has invested in both publicly traded offerings and in private placement deals. If I heard correctly, she put about $400K into Alien Technologies, among other deals.
The upshot of the somewhat convoluted story is this.
1. There is a sizeable group of people from UPS and other firms that has invested in AEI offerings, both public stocks and private equity offerings.
2. The AEI broker, actually former broker, at the center of the controversy is one Dan Camphausen.
3. Doreen's ex-husband Steve seems to be a Dan Camphausen loyalist despite possibly huge losses. He is nearing retirement at UPS.
4. Doreen's daughter Stephanie is a Sex in the City tour guide and former musical theater major who dabbles in investing.
5. Doreen tells me that Dan Camphausen sued a guy at Merrill Lynch for $150K or thereabouts and ML settled with him after three postponements for about $15K or $18K if her info. is correct. That information is second hand and I have not been able to check it out.
6. Doreen told me that her family paid a bean counter in New Jersey to look over their investments and he came back with his hands thrown in the air, not able to tell if they had lost money or not. I find that very hard to believe if Alien was included in the calculations.
7. Doreen said that Dan Camphausen supposedly threatened the Merrill guy with unthinkable things like "You might end up in the bottom of the river." The issue was defamation by the ML guy and loss of the trust of his clients by Dan. I must tell you that in the early days of my looking into AEI, I had a few conversations with anonymous people, presumably AEI brokers which went along the same lines. It may just be a reflection of the wild and woolly world of trading and brokering.
8. One law firm currently representing AEI investors in a class action suit is Block & Landsman, Doreen told me. After our conversation, I found out that Block & Landsman is the firm that Nick I. partners with in the cases he brings against AEI. If I heard this right, Block & Landsman is not involved in the UPS suit that is pending., provided that there really is a UPS (and others) suit pending.
9. After all of what has transpired, Doreen said that she would not give these people (AEI) another dollar.
10. She does admit that there appear to be a lot of Dan Camphausen loyalists, her ex-husband being one of them.
11. Here is where things get convoluted. Doreen doesn't want any cross over effects between lawsuits. If she gets involved in one suit, she does not want it to effect other suits or potential suits.
12. Not only is there possibly churning, but Doreen thinks that some of these suits, and there are many, are actually pre-emptive suits which is a polite way of saying they are manufactured to prevent other suits.
13. Doreen was referred to me by an attorney I know, Bill Anthony, who had considered representing them.
Here, specifically, is what Doreen wants:
A. The name of the UPS woman who is suing AEI and her contact info.
B. The name of the law firm representing the UPS employees and others in a class action suit being filed. The reason Doreen does not want to go to her ex-husband or her daughter on this topic is that they don't see eye to eye with Doreen on it. And her ex-husband seems to be a Dan Camphausen loyalist.
I did check on one issue and I now believe that Doreen has one thing wrong. She and others may be thinking about a class action suit, but most financial firms, Advanced Equities included, have provisions governing their relationships with their clients which call for arbitration in the event of a suit. Furthermore, there does not appear to be an animal called a class action arbitration from what I have heard. So, any judge is likely to throw out a class action suit against AEI and refer it to arbitration.
I find it interesting that this is one of the few stories about AEI I've written that is not primarily about Dwight and Keith.
If you have any information on this or other AEI matters, my email is ronaldmay@aol.com and my number is 773-525-3944. For this story I have consciously decided not to call various folks I know, including lawyers. I want to start with this and move on from there.
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Ifbyphone and Widerfunnel Achieve a 42% Lift in Phone Call Conversions For Saint Jude Retreats and Ifbyphone Acquires Cloudvox, Changes Face of Cloud Telephony
Subject: Ifbyphone Press Releases
Date: 2/11/2010 2:53:36 P.M. Central Standard Time
From: blastovich@ifbyphone.com
To: ronaldmay@aol.com
Ron,
Can you include two Ifbyphone Press Releases into your email.
Title: Ifbyphone and Widerfunnel Achieve a 42% Lift in Phone Call Conversions For Saint Jude Retreats
URL: http://public.ifbyphone.com/about/press/42-percent-lift-in-phone-call-conversions-saint-jude-retreats
Title: Ifbyphone Acquires Cloudvox, Changes Face of Cloud Telephony
URL: http://public.ifbyphone.com/about/press/ifbyphone-acquires-cloudvox
Thanks,
Brian Lastovich
Brian Lastovich
blastovich@ifbyphone.com | www.ifbyphone.com
Twitter: http://twitter.com/ifbyphone | Facebook: http://facebook.com/ifbyphone
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May here. Irv Shapiro, the CEO of ifbyphone, tells me they now have 38 employees and are expanding. They appear to be following a slow but steady growth strategy.
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Brian Connolly: The FTC's Social Media Guidelines and Free Speech
Subject: Re: The FTC's Social Media Guidelines and Free Speech
Date: 2/12/2010 6:23:51 A.M. Central Standard Time
From: bconnolly@furthermore.com
To: ronaldmay@aol.com
CC: dkamerer@luc.edu, dheider@luc.edu
Ron,
Regarding The FTC's Social Media Guidelines and Free Speech, here is an excerpt from a Q&A session with Tony DiResta, a partner with the Advertising, Marketing & Media practice of Manatt, Phelps & Phillips, LLP and WOMMA's General Counsel. See http://www.jackmyers.com/commentary/media-business-bloggers/78249012.html .
Q: A lot has been written since these Guidelines were announced. Now that the "dust is beginning to settle" are there any misconceptions out there that you would like to clarify?
A: Yes. The first misconception is that the FTC is out to treat bloggers differently from other types of speakers in traditional media. For example, there have been some comments that the FTC is violating bloggers' constitutional rights of free speech. However, it is clear now that the FTC is simply trying to put all forms of media (whether traditional or user-generated content) on the same playing field when it comes to not engaging in deceptive advertising. Indeed, it must be noted that the Guides only apply if (1) the blogger (or speaker) is being "sponsored'; and (2) the message that is being communicated is an advertising or promotional message.
Also note:
"The Interactive Advertising Bureau Calls on FTC to Rescind Blogger Rules; Questions Constitutionality" http://www.iab.net/about_the_iab/recent_press_releases/press_release_archive/press_release/pr-101509 ;
And "The FTC Responds to IAB Letter on Blogger Guidelines" http://blog.clickz.com/091016-123954.html .
"IAB president Randy Rothenberg contends the FTC's call for disclosure of 'material connections' between advertisers and endorsers in social media platforms will 'shackle online media while exempting our offline cousins and competitors from equivalent constraint.'"
Rich Cleland, assistant director of the FTC's division of advertising practices correctly responds: "I don't think that there is any favoritism based on the type of media. The core here is do consumers understand the relationship that exists between the speaker and the seller. Offline, if those lines are blurred, then there's a problem. These are not new issues."
Kind regards,
Brian Connolly
312-482-9229
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Ron May here. There is a back story to this note from Connolly. I met Professor David Kamerer at Loyola University last night at a CIMA event (which was moved last minute from Beane Hall to Kasbeer Hall) and which was invitation only affair (something that should not be encouraged, especially by an open forum for debate of ideas like a university) and Kamerer told me that the FTC ruling on so-called "blogola" and requirements for full disclosure may not be constitutional although he admits he is not a lawyer. He does not dispute the need for transparency, but he feels that the ruling is terrible because it separates bloggers from journalists. He asked me how we would classify the Chi-town Daily News: Are they journalists or bloggers? Kamerer also said the ruling is unenforceable. But is there a free speech infringement here? Kamerer was brought here from Witchita, KS to teach the digital side of PR. His title is assistant professor.
BTW, I also talked to Dave Armano who says he is not "back from Austin" because he never left. He said the truth is that he could not sell his house in Glenview. He now works with Rick Murray and other at Edelman PR. Armano says everything was hunky-dory between him and Jeff Dachis at The Dachis Group in Austin. Leah Jones has left Edelman to do her own thing, and she was there last night. So was InteractiveAmy, aka Amy Korn, Morton Kelly, and a few others like Willinger who spoke after the panel to an MBA class run by professor of marketing Linda Tuncay Zayer who also organized the CIMA event. I wanted to sit in on Jeff's talk but Professor Zayer told me it is university policy not to allow non-students to attend classes. I don't know if that is a hard and fast policy or whether it is at the discretion of the professor.
Here is the notice on the CIMA event:
++++++++++++++++++++++
Topic: Social Media Trends & Ethics Panel
Date: Thursday, February 11th
Time: Mingling from 5:30pm-6pm and Discussion/Panel from 6pm-7pm
Location: Loyola University's Water Tower Campus at Beane Hall, 13th floor of Lewis Towers (on Pearson between Rush and Michigan Avenue)
About Academic Affairs Meet & Learn:
Once a semester, CIMA gathers industry leaders, local graduate students, and professors of the industry to discuss an assigned hot topic at Loyola's downtown campus. Please note, this event is invitation only.
Panelists:
Stephen Strong, Global Director of Interactive at Alberto-Culver
Akash Pathak, Account Director at Proximity BBDO
Dave Van De Walle, CEO of Real SMM
Marci Chapman, President of MC2 Enterprises
David Kramerer, Assistant Professor in the School of Communications, Loyola University Chicago
Students and professors interested should contact:
Linda Tuncay Zayer, Assistant Professor in the School of Business, Loyola University Chicago, CIMA Professor of Marketing
ltuncay@luc.edu
312- 915-6134
Business Professional Sign-Up:
If you are a business professional interested in being involved on the panel or would like to attend please contact Camille Fetter, CIMA VP of Academic Affairs below:
Camille Fetter
Cfetter@lucasgroup.com
312-357-1160 x 527
+++++++++++++++++++++++++++++++++++++++
May again. And here is some biographical material on Linda Tuncay Zayer.
http://tealeafconsulting.com/About_Us.html
+++++++++++++++++++++++++++
Dr. Linda Tuncay is a marketing professor at one of Chicago's premier universities, Loyola University Chicago. She earned her Ph.D. from the University of Illinois at Urbana-Champaign. During her doctoral education she received extensive training in the field of marketing and research methods, particularly in ethnographic and qualitative research, such as one-on-one depth interviews, focus groups, and shopping observation trips with consumers. Her academic research focuses on consumer behavior and her papers have been published in the top journals in her field including Journal of Consumer Research and Journal of Retailing. She has her M.B.A. from University of Notre Dame and an undergraduate business degree from Indiana University. Prior to becoming a faculty member at Loyola University Chicago, she worked in advertising and media, as well as customer relationship management. Dr. Tuncay was inspired to found tealeaf after several small business owners approached her for advice on understanding their customers.
+++++++++++++++++++++++++++
Enough on that for now. More next week. You know, I will have more to say.
________________________________________
Candy Renwall: WTY thanks
Subject: WTY Thanks
Date: 2/11/2010 8:50:46 A.M. Central Standard Time
From: crenwall@techbuspart.com
To: RONALDMAY@aol.com, ron@themayreport.com
Hi RM: Belated thanks in putting the note out on subject. I have to say, you still got that reach - I'm hearing from Gould folks that I worked with from all over the country (and world, actually). Many will be heading to Wellington/Palm Beach for the services tomorrow because you put the info out.
I never got the chance to tell Bill thank you - the new CEO came after he left (Jim McDonald), was a great boss to me as well so time and business marched on. How often in life we realize when it's too late to say the things that would make a difference to someone (note to you: you can stop apologizing to me...I forgave you immediately!!) -- this was a small but important gesture for me to make up for that. Fondly, me
Candace M. Renwall, CEO
Technology Business Partners, Inc.
847-540-9252 (o)
847-909-8010 (m)
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Thursday and Friday, March 4-5: Using Social Media to Align the Corporate and Personal Brand Conference
Subject: Using Social Media To Align The Corporate and Personal Brand - Conference Mar
Date: 2/10/2010 7:46:25 P.M. Central Standard Time
From: jason@jacobsohn.com
To: RONALDMAY@aol.com
Hi Ron,
Please post this upcoming conference in your report.
Thanks,
Jason
Title: Using Social Media to Align the Corporate and Personal Brand Conference
Organizer: SOHObiztube.com
Date: March 4-5, 2010
Time: 8am-5pm
Location: Loyola University Chicago, Lake Shore Campus, Simpson Center, 6333 N. Winthrop Ave., Chicago
Keynotes: Corporate and Personal Branding Experts Olivier Blanchard and Dan Schawbel
Cost: $599 for 2 days. To receive $200 off, use my special link at http://sohochicago2dayframework.eventbrite.com/?discount=jjacobsohn
Learn how to Use Social Media To Deliver and Drive Your Internal Branding Campaign and Enhance ROI. For your online brand's promise to meet or exceed customer or client expectations, the promise needs to be lived and delivered throughout your entire organization.
By the end of the conference, you will be able to:
- Develop a communications policy that enhances internal branding programs and allows employees to maintain their personal brand without compromising the value of the corporate brand
- Participate in panel discussions & Town Hall Meetings with Keynotes
- Walk away with a SOHO's exclusive "The Draft" A Social Media Policy Workbook.
Jason Jacobsohn
773-368-0229
jason@jacobsohn.com
Website: http://www.Jacobsohn.com
Blog: http://www.NetworkingInsight.com
LinkedIn Profile: http://www.linkedin.com/in/jasonjacobsohn
LinkedIn Group: http://www.linkedin.com/groups?gid=1947859
Don't miss the Greater Chicago Networking Extravaganza on April 6, 2010!
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Friday, March 5: CloudCamp Chicago 2010
Subject: Event Notification - CloudCamp Chicago 2010
Date: 2/11/2010 12:06:11 P.M. Central Standard Time
From: jnahikian@nahikianglobal.com
To: ron@themayreport.com, ronaldmay@aol.com
CLOUDCAMP CHICAGO 2010
CloudCamp is an unconference where adopters of cloud computing technologies exchange information. With rapid change occurring in the IT industry, we need a place where we can meet to share our experiences, challenges and solutions.
CloudCamp CxO Executive Focus
Friday March 5th
4:30PM - 6:00PM registration and happy hour
6:00PM - 7:00PM interactive panel of experts featuring corporate executives, industry experts and academics
7:00PM onwards - offsite social
CloudCamp unConference
Saturday March 6th
12PM - 1PM - registration and networking
1:00PM - 1:30PM - lightning talks (approximately 5 minutes each)
1:30PM - 2:00PM - unpanel to select topics
2:00PM - 5:00PM - topical breakout sessions
5:00PM - 5:15PM - takeaway sharing with all
5:15PM - 5:30PM - wrap-up and calls to action
5:30PM onwards - offsite social
Illinois Technology Association
200 South Wacker Drive, 15th Floor, Chicago
There is no charge to attend. Register at: http://cloudcamp-chicago-2010.eventbrite.com/. Additional information may be found at http://www.cloudcamp.org/chicago/ or contact local organizer D. James Nahikian at jnahikian@nahikianglobal.com.
NAHIKIAN GLOBAL
Intellectual Property & Technology Law Group
D. James Nahikian, MSCS JD
Attorney at Law
Registered to Practice Before the U.S. Patent Office
(312) 399-3099
www.nahikianglobal.com website
TECHNASAURUSLEX.com wordpress blog & twitter
________________________________________
Cards Ron collected at BNC Capital Group on 2/2/2010
Lee Kantz
Edify Marketing
www.edifymarketing.com
lee@edifymarketing.com
Malachi A. Leopold
President & Executive Producer
LBRB Productions
malachi@lbrbproductions.com
Andrew Nadler
Director of Operations
Forward Momentum
www.ForwardMomentumLLC.com
andrew@forwardmomentumllc.com
Bernanrd M. Filler
President
Lidemara Enterprises LLC
bfiller@comcast.net
Darryl L. Cheeks, C.P.A.
Managing Partner
Black Rhino Financial Group
Financial & Strategic Consulting
dcheeks@blackrhinofinancial.com
Katie Snodgrass
National Promotional Coordinator
Forward Momentum
www.forwardmomentum.com
katie@forwardmomentum.com
Matthew R. Prazenka
Abacus Business Leaders, LLC
www.abacusbl.com
mprazenka@abacusbl.com
Paolo Messina, Ph.D.
Research and Development
Engineer
Alfred Mann Foundation
www.aemf.org
paoloonechicago@gmail.com
paolom@aemf.org
Joseph A. Scroppo
Bladon International, Inc.
Kalpana Waikar
Master of Business Administration Candidate
Class of 2006
Kellogg
kwaikar2006@kellogg.northwestern.edu
Randall A. Hack
Partner
LockeLordBissell&Liddell LLP
rhack@lockelord.com
Donald R. McGarrah
Partner
Legacy Partners, LLC
dmcgarrah@legacypartners-llc.com
David Bergman
DGBergman & Associates
Consulting Services
Interim Management
dgbergman@aol.com
Edward McDonald
VP Business Development
SEE Gold Cafes D.B.A.
Links Golf cafes
Chicagoland
ed_mcdonald@parmastersgolf.com
Chuck Corush
Colonial Funding LLC
ccorush@colonialfundingllc.net
Rob Tannenbaum
President
AXL Partners LLC
www.theaxlpartners.com
robtannenbaum@theaxlpartners.com
Janice Lesiotis
President
Intelligent Proof, Inc.
www.intelligentproof.com
janice@intelligentproof.com
David Culver
Chief Marketing Officer
Forward Momentum
www.forwardmomentumllc.com
david@forwardmomentumllc.com
Peter I. Casady
Director of Marketing
Graft Tracker
www.grafttracker.com
pcasady@championmt.com
Karen & Don Seller
Owners
Subway Sandwiches & Salads
www.subway.com
kseller5@yahoo.com
dseller@hotmail.com
Steve Johanson
Partner
GTM Consulting, LLC
www.gtmconsulting.biz
steve.johanson@gtmconsulting.biz
______________________________________________
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