Litmus indicated that 57% of marketers reported using animated GIFs at least sometimes in their email campaigns. The use of this dynamic-content type is widespread in email marketing. Email clients and web browsers can play GIF images in an animated sequence resembling a short repeating video. The acronym, GIF, stands for Graphic Interchange Format, which is a digital-image file format where multiple frames are encoded into a single file. When we conducted research for the 6th edition of our report, Marketing Email and Newsletter Design to Increase Conversion and Loyalty, we saw a surge in the use of animated GIFs in the emails we tested. In its annual State of Email survey, email-testing platform and marketing-research group Litmus reported that the return on investment (ROI) for email marketing is still very strong: on average, for every dollar invested, the return is $38.įor that reason, we continue to study the user experience of newsletters and marketing email. With the growth of social-media platforms as useful customer-engagement channels, many people assume email marketing has become less relevant and effective. However, employing this annoying tactic did have some short-term benefits for the adversary’s clients, even though it may have frayed relationships over the long term.Email is an effective communication channel for companies to connect and maintain relationships with customers. I of course do not condone sticking to litigation tactics that could cause a bona fide health issue, and if I was in my adversary’s shoes, I might not have insisted as much that a witness be deposed even though a deposition could cause health issues. My client definitely considered settling the case instead of possibly needing to produce a witness for a deposition that could be harmful to this person’s health. In any event, this annoying tactic created an immense amount of stress and uncertainty with my client. Especially since he made it clear that this annoying tactic was part of diligent representation, I did not hold it too much against my adversary that he was taking the position he was. To my adversary’s credit, he stated that as a human, he agreed with me that this person probably should not be produced for a deposition, but as a lawyer, he needed to be annoying to get every advantage he could for his client. We offered to proceed by written questions, provide any other discovery my adversary wished, and other compromises, but the adversary would not budge. Even though we got proof that this was the case, my adversary insisted that this deponent be produced for a deposition. It was pretty clear that the potential deponent was too sick to provide reliable information, and that a deposition would be harmful to her health. Now granted, I was not at this deposition myself, but it was totally the type of thing that could happen in those cases, and being annoying helped that lawyer get a significant advantage for his client.Īt another time in my career, I represented a corporate client that had a representative who was going through some health issues. The plaintiff’s lawyer got so frustrated with this attorney that she agreed to stipulate this lawyer’s client out of the case then and there to avoid the meaningless objections being made by that attorney. In any event, the objections were mostly pointless since the jurisdiction in which we practice preserves all objections for trial except for objections as to form, and this lawyer was objecting for all types of reasons. I can attest to these facts since I practiced in this mass torts circuit and had firsthand experience with this lawyer.Īt the deposition, the lawyer objected to pretty much every question the plaintiff’s attorney asked her client (in this mass torts case, it was common for plaintiff’s lawyers to ask questions of their clients at depositions, I know this is somewhat uncommon in other contexts). From Ethan Bebernessįor instance, one time, I heard about a deposition in a mass torts case where one of the attorneys who was representing a defendant at the deposition was well known for being somewhat annoying in his tactics and for staying at the periphery of the social circle of lawyers who practice in this area of the law. Here’s how Lexis Search Advantage | Transactional unites internal and external research to create better deals faster.
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