People nowadays want to be updated in a lot of things. For example, a technology enthusiast wants to get updated all the time so that he or she can get the latest gadgets available on the market. By doing so, that person will not be left behind in today's current technological trends.
Now let us take this understanding and put into a business owner's point of view. Getting up-to-date tools for their marketing campaign allows them to acquire a high competitive standing in a more stress-free manner. As such, when contacting prospects through their marketing campaign, it needs a lot fresh leads to allow it to be completed with the greatest of results. These leads will direct the campaign in a straighter path as they will allow businesses to acquire an even greater chance of closing a deal with them.
Getting an updated business database is the best way to improve a b2b marketing campaign. Once the business gets a hand of this great tool for their marketing campaign, a lot of advantages can be attained upon doing so. Let us take a look at some of the major benefits of acquiring this database from a reliable source.
* Obtain a huge number of fresh leads, even on the first try
Many b2b marketing campaigns seem to be more of a trial and error adventure at its early stages because the business may either be using an outdated list or they are still building one. Purchasing the database from a credible provider entitles numerous fresh leads for the campaign. These leads are those possible clients that have not signed any kind of deal with other companies within the same industry as the one who has purchased the database. Hence, the acquisition of transactions from these leads is deemed as an even greater possibility with the aid of an updated database.
* Obtain a good number of praises from prospects instead of their complaints
Contacting other companies randomly is surely not the way to go for the business. Doing so can tarnish the name of ones business. The main reason is because randomly contacting people will generate a great deal of annoyance for the prospect.
Acquiring a business database from a reliable source means that the targeted market has been hit with near perfect precision. This allows the lead to feel that they play an important role in the business' eventful growth.
* Relieves the campaign of a number of possible errors
As stated earlier, businesses may treat their campaign as a trial and error basis during its early stages. During this period, a lot of possible mistakes can occur which hinders the campaign in quickly attaining new opportunities. With a reliable database, business owners will be relieved of a ton of errors for their marketing campaign. Hence, the acquisition of transactions from leads and prospects will be a lot quicker.
* Allow the marketing campaign to be more cost effective than before
Purchasing the business database might not come cheap. However, if purchased from a reliable source, it entitles the campaign to become more cost effective than one without a database. As the database is being lead along a straight path during its course, the probability of attaining a fruitful outcome from it will be very high. As such, the money that was spent in purchasing the database will come back in a the form of a huge increase on the business' rate of income.
Thursday, December 22, 2011
Sunday, December 18, 2011
Expedited Discovery requires “Unusual Circumstances”
A recent opinion out of the Eastern District of Virginia states that “unusual circumstances” must be shown to grant a party expedited discovery. And the court adopted two prongs of the prior test for granting a preliminary injunction to determine when sufficient unusual circumstances exist: a strong showing on the merits and a showing that irreparable harm is likely.
A software development company, ForceX, Inc., sued its former vice president for allegedly forming a competing company that violated a noncompete agreement. ForceX’s complaint alleged (1) beach of duty of loyalty and fiduciary duty, (2) breach of contract, (3) violation of the Virginia uniform trade secrets act, and (4) intentional interference with contract. ForceX filed a Motion for Expedited Discovery seeking discovery in the form of requests for production of documents and a deposition to determine the extent of competitive activities. Plaintiff argued for two standards of review: one for an expedited deposition and another for expedited document requests, but the court found that “all requests for expedited discovery should be governed by the same standard....”
“Courts have found that immediate discovery ‘should be granted when some unusual circumstances or conditions exist that would likely prejudice the party if he were required to wait the normal time.’” Opinion at 5-6, quoting Fimab-Finanziaria Maglificio Biellese Fratelli Fila, S.p.A. v. Helio Import/Export, Inc., 601 F. Supp. 1, 3 (S.D. Fla. 1983).
It is not clear when these “unusual circumstances” exist. The court looked to a history of cases for guidance. Before 2008, the first two prongs of the Blackwelder test for a preliminary injunction—(1) the likelihood of irreparable harm to the plaintiff if the preliminary injunction is denied and (2) the likelihood of harm to the defendant if the preliminary injunction is granted—were weighed against the third prong—the likelihood that the plaintiff will succeed on the merits—to determine whether “unusual circumstances” existed. Opinion at 6. This test was a sliding scale so that as the plaintiff’s showing of a likelihood of irreparable harm grew weaker, their showing of success on the merits would need to be stronger to gain a preliminary injunction.
But after the Supreme Court decision in Winter v. Natural Resources Defenses Council, Inc., 555 U.S. 7 (2008), the Fourth Circuit determined that the Blackwelder test was replaced with the Winter test but did not say which portions of the Winter test a court should use when deciding a motion for expedited discovery. As a result, courts have considered two different standards in evaluating expedited discovery motions: (1) a modified preliminary injunction factors test and (2) a reasonableness or good cause test. The court in this instance rejected the reasonableness test, saying it is most logical to treat the motion for expedited discovery under a standard similar to the preliminary injunction standard.
Finding no clear answer as to when “unusual circumstances” exist, the court in the instant case used a variation of Blackwelder and considered two elements that were emphasized by the Fourth Circuit and the Supreme Court: a strong showing of the merits and a showing that irreparable harm to plaintiff is “likely” and not simply “possible.”
The court ultimately found that the ForceX was not entitled for expedited discovery. Plaintiff did not show it was likely to suffer irreparable harm in the absence of the expedited discovery. Despite Plaintiff’s argument that expedited discovery was necessary to find out about defendants’ products and potential customers in order to prevent loss of customers and business before it occurred through improper means, the court held that a potential loss of customers causing a decrease in revenue is not an unusual type of harm.
In many business litigation cases, lost profits can be a critical component of damages. Damaged companies may also be required to take steps that would mitigate their damages. But it can be difficult to take mitigating steps before discovering information about which clients were impacted by the defendant’s tortious conduct. This factor, however, must be balanced to protect a potentially innocent company from being bombarded by litigation pressure. So plaintiff companies in fast action cases, such as those involving business conspiracies, tortious inference and trade secrets, must be prepared in some courts to explain why their particular case is unusual in needing expedited discovery.
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