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Zambrano Sun Tzu Internet Skills


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Using the Internet & Social Media is a must in 2012 if you are a Trial Attorney or Litigator of any kind there is a wealth of information available to aid in pre-deposition preparation. Contact me for more or a download via LinkedIn - Gabriel F Zambrano
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Zambrano Sun Tzu Internet Skills

  1. 1. Sun Tzu & The Art of War in Cyberspace: Social Media & Internet Spin Jitsu
  2. 2. Presented byGabriel F. ZambranoTorts Made Perfect April 19-20 2012
  3. 3. Social Media and New Web• It is about “sharing” information• Like minded people with similar interest• My transfiguration began here at MTMP/TMP sharing• Some think it taboo and are turned off• The World has changed and is changing • People Meet, Fall in Love Online and Meet in Person • “Connectionology” question about orator and visuals • Google, Computers and Internet changing way we process information and interact
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  7. 7. Where were you when you first heard of Sun Tzu?
  8. 8. Sun Tzu• Over Two and a Half Thousand Years Ago.• Thirteen Chapters on Strategy• James Clavell Editor & Forward • The Art of War “shows quite clearly how to take the initiative and combat the enemy - any enemy” • Who is your enemy or adversary ?
  9. 9. Sun Tzu• Did not have Social Media in the Modern Sense• What is Social Media• Who is using• Everyone is sharing now - most websites have “sharing” buttons as a result of the FACEBOOK “LIKE” phenomena• Mouth to Mouth is now Digital Media
  10. 10. Websites & Internet Presence• Things have changed dramatically from not having “DSL” or a Website to pervasive and omnipresent.• Smart phones have made it easy to be online 24/7.• Double Edged Sword because your client may have things online that you need to also be prepared to deal with. • PTSD Presentation by J. Romano touched on need to advise clients in all cases.
  11. 11. • Pre-Suit/Demand• Discovery• Depositions• Mediation• Trial/Post-Trial • Juror Misconduct• Stages of Litigation provide distinct times to gather information and fine tune efforts to your budget.
  12. 12. • Company Website• Company Blog or Personal Blog• FACEBOOK• Instagram • $1Billion Dollar Acquisition of FACEBOOK• YouTube• Twitter
  13. 13. • MySpace• Flickr• Stumble Upon• Google+• LinkedIn• The lines between Personal & Professional are blurred for many or do not even exist for some so do not segment them in your mind.
  14. 14. • Social Media and Web 2.0 have transfigured the lay persona and corporate entity in their ability to be online and “publish”• Remember “Publish or Perish” of Academia• Now “Publish to Exist Online All the Time”• Ideas apply to small business, layperson or Fortune 500 Company
  15. 15. Past Exercise• BAYER - YAZ & YASMIN• Mass Tort Filings Initiated in 2009• Tip of the Spear involved MTMP/TMP Program Presentation • March 2009 • PA Mass Tort Proceedings and MDL by September 2009 followed by CA JCCP and NJ coordinated State Court actions.
  16. 16. Public/Non-Confidential Information. More at
  17. 17. What I Can Tell You:• Public, non-confidential information.• How I use the Internet, Social Media to prepare for Depositions.• How I used it in 2010 to prepare for a BAYER Corporate Rep Depo.• How I am using it Today regarding PRADAXA and BOEHRINGER INGELHEIM• GAME READY - Whether I get the call or not.
  18. 18. Why should I share?• That is the whole point of Social Media and Web 2.0 • COOPETITION - Cooperation + Competition • Sharing Makes You Better - You Gotta Give to Get on the Internet • iPad Presenters April 19, 2012 • Don’t Always Talk About Yourself in Social Media because you will get tuned out.
  19. 19. So You Want to Take My Depo?
  20. 20. LinkedIn 2010
  21. 21. LinkedIn 2012
  22. 22. CafePharma - 2010• Used to prepare for Deposition(s). • Why? • How? • You can too for FREE. • What can you find? • Disgruntled, Disavowed and Disenfranchised • “Kool Aid Drinking Employees”
  23. 23. CafePharma Boards 2010
  24. 24. But I don’t want to fight with Pharma• Companies today have chat roooms• Some have “FACEBOOK” fan pages• People “live” their lives online for better or worse• Legacy of personal posts can be found• Search and you shall find• The Glass if Half Full
  25. 25. Pharma Insiders Too Busy Meeting Quotas for Chatter• Personal Story of Cafe Pharma Bliss• Irony of LinkedIn and Why Ignorance is Bliss • “Have you been run over by this pill?”
  26. 26. Greed Repeats Itself• “Follow the Money” • Conspiracy is rare but competition provides a catalyst for mistakes.• Most businesses intend to turn a profit. • BAYER vs. WARNER CHILCOTT• Where are they spending it? • BAYER licenses DRSP with BARR/ • Marketing TEVA to make generic OCELLA. • Competing Against Others • BOEHRINGER INGELHEIM’s PRADAXA rushed into anti-coagulant • Did they promise more than they market. Preempts XARELTO and ELIQUIS but now they face Mass Tort could deliver? Litigation.
  27. 27. Consumer Bombardment• Literally the idea, bombard them on TV, Internet, Radio, Print, SMS/ TEXT• Our Children are at risk because of smart phones and online lives. • iCarly • Victorious • LEGO - Ninjago Spinjitzu not same as my Spin Jitsu
  28. 28. Cultural Bombardment:Legacy from Tobacco
  29. 29. Game Ready and I got the call.
  30. 30. continue to this day between Tobacco - Pharma and Products. “Scientifice Debate” - YAZ - 2009 - 2012 - no end in site for denial. In FL firms continue to battle Tobacco on a regular basis.
  31. 31. U.S. v. PHILIP MORRIS USA, INC. 1 Cite as 449 F.Supp.2d 1 (D.D.C. 2006) (3) defendants would be required to issue UNITED STATES of America, corrective statements. Plaintiff, Ordered accordingly. 1. Commerce O82.60 andTobacco–Free Kids Action Fund, Ameri- Tobacco trade organization engaged in can Cancer Society, American Heart and conducted activities affecting inter- Association, American Lung Associa- state commerce within meaning of Racke- tion, Americans for Nonsmokers’ teer Influenced and Corrupt Organizations Rights, and National African Ameri- Act (RICO), where cigarette manufactur- can Tobacco Prevention Network, In- ers declared contributions of over $618.4 tervenors, million to organization, organization spent more than $169 million for public relations v. and advertising, organization’s press re- leases and other public statements were PHILIP MORRIS USA, INC., (f/k/a disseminated to public via newspapers and Philip Morris, Inc.), et al., magazines, and organization engaged in Defendants. lobbying efforts in various states. 18 No. CIV.A. 99–2496(GK). U.S.C.A. § 1962(c, d). 2. Commerce O82.60 United States District Court, District of Columbia. Tobacco research organization en- gaged in and conducted activities affecting U.S. v. PHILLIP MORRIS USA, INC., Aug. 17, 2006.Background: United States brought ac- interstate commerce within meaning of Racketeer Influenced and Corrupt Organi- zations Act (RICO), where cigarette manu- 449 F. Supp.2d 1 (D.D.C. 2006)tion alleging that cigarette manufacturers facturers contributed total of approximate-and tobacco-related trade organizations vi- ly $505.4 million to organization, whicholated, and continued to violate, Racketeer payments were processed through inter-Influenced and Corrupt Organizations Act state banking system, organization funded(RICO) by engaging in conspiracy to de- 1,657 research grants-in-aid, research con-ceive American public about health effects tracts, and scientific conferences, totalingof smoking and environmental tobacco approximately $317 million, in Unitedsmoke, addictiveness of nicotine, and States and abroad, and organization ad-health benefits from low tar ‘‘light’’ ciga- ministered manufacturers’ special projectrettes, and to manipulate design and com- funding via checks processed through in-position of cigarettes in order to sustain terstate banking system and delivered vianicotine addiction. Bench trial was held. United States Mail. 18 U.S.C.A. § 1962. Organizations O7Holdings: The District Court, Kessler, J., 3. Racketeer Influenced and Corruptheld that: Cigarette manufacturers did not delib-(1) defendants comprised association-in- erately choose not to develop, market, and fact ‘‘enterprise’’ under RICO; profit from less hazardous cigarettes in(2) defendants’ statements regarding order to insulate their existing brands health effects of smoking evidenced from competition and to reduce their liti- specific intent to defraud; and gation exposure, and thus manufacturers
  32. 32. Future Exercises• BOEHRINGER INGELHEIM • Utilizes all forms of Social Media and more in 2012• BAYER • Using Pinterest • Twitter and other Social Media
  33. 33. Omnipresent without FDA Guidance: The Wild West Lives
  34. 34. Brands Provide a Community & Information for Free
  35. 35. Everyone has a Voice & Message - You Don’t Cry Alone in Cyberspace Parrots &
  36. 36. BI’s Do Not Watch List - April 2012 YouTube Me - Please!
  37. 37. Flickr - Photos
  38. 38. Community Building & Self Promotion
  39. 39. Promotion by Cause
  40. 40. Internet Pitfall in UK.Expect it in the USA.
  41. 41. BI’s Formula for Unwanted AttentionInternational Misconduct
  42. 42. Excuse me? Did we win or did we do something wrong.
  43. 43. U.S. Twitter Feed - Active April 2012
  44. 44. The Tribe: Followers and The Followed
  45. 45. Anniversary Celebration on Twitter. How many of you get or read your news from Twitter?Are you still getting your hands dirty with the newspaper? Customized news. When you want it, where you want it and without washing your hands.
  46. 46. Don’t Say Anything. Noone Will Notice.Can’t say much because FDA may not like method of engagement. Want more ice in your Kool Aid?
  47. 47. Follow the Link to PR and the Kool Aid Bowl. Drink Deep.
  48. 48. Kevin Bacon and Degrees of Separation
  49. 49. Thanks for the Heads Up.
  50. 50. What? Why? How?What about? Flickr Instagram Yes, I am on Pinterest. Pinterest. Come Follow Me =
  51. 51. Engagement.
  52. 52. Bayer-First and only melt-in-the-mouth erectile dysfunction (ED) treatment launches in the UK today | Contact us | Search | Sitemap | Home About Us Businesses Corporate Social Responsibility News Overview Media Enquiries Special Interest Investor Relations this news item. Press Jobs and Career March 22 Compliance First and only melt-in-the-mouth erectile dysfunction Bayer UK RSS-Feed General Conditions of Use (ED) treatment launches in the UK today Privacy Statement Imprint April 21 Technical Details Newbury, Berkshire, 22nd March 2011 – Levitra® (vardenafil) 10mg orodispersible tablet rapidly Bayer MaterialScience preparingWhat was he thinking? dissolves on the tongue in seconds without the need for water1, has a minty flavour and comes in a discreet pack with new anti-counterfeiting measures. for Plastics, Design and Mouldings Exhibition » more Today marks the launch of the first ED treatment available as an orodispersible tablet.In contrast to other drugs of the same class, the new formulation has been designed specifically to be discreet and convenient, has a minty flavour and dissolves on the tongue within seconds2. It is packaged in a new, thin April 5 black pocket-sized box which is unlike traditional pharmaceutical packaging and also incorporates Bayer CropScience seeking to numerous anti-counterfeiting measures. Currently, an estimated 2.3 million UK men suffer from ED, yet sell Norwich Manufacturing Site only 1 in 10 receive treatment3 and according to market research commissioned by Bayer, 4 in 10 men » more regard presently available therapies as inconvenient4. April 5 “Bayer is committed to men’s health and is continuously striving to develop new and innovative treatment The common garden pest that’s options for people living with erectile dysfunction, which is becoming more prevalent in the UK but is still putting your dog at ‘risk’ undertreated,” said Marc van Unen, Business Unit Head General Medicine. “Levitra orodispersible was » more developed to help remove the known barriers associated with erectile dysfunction medication by providing men with a more convenient and discreet treatment option which may also help to lessen the embarrassment surrounding the condition. It is hoped that ultimately, the advantages of the new product April 4 and its discreet packaging, which includes 120 anti-counterfeiting measures, will reduce the growing Runners go bananas for the Bayer numbers of patients purchasing counterfeit pills online and lead to improved patient satisfaction and Newbury 10K treatment outcomes in ED overall.” » more According to the 2009 European Association of Urology Guidelines, the patient has an important role in March 30 treatment decisions for ED.5 Prior to the launch of the new formulation, Bayer commissioned market Finalists announced for the research on 300 patients and 240 physicians to explore levels of satisfaction with current ED medication.4 ‘Design4Fun’ competition It found that patients interest in trying the new formulation was high, due to its convenience and product » more characteristics (e.g. dissolves in the mouth in seconds, there’s no need to take it with water and it’s discreet).4 In addition, 9 out of 10 physicians had a positive overall impression of it, particularly with March 23 regards to its taste, efficacy and convenience.4 Bayer CropScience to acquire US- The new formulation was approved by the European Commission in September 2010 and is the first and based Hornbeck Seed Company only ED medication to be available in this convenient orodispersible formulation, yet it comes with the » more proven safety and efficacy and similar pharmacokinetic profile to that of the Levitra film-coated tablet.6 March 22 Dr Geoff Hackett, Consultant in Sexual Medicine, Good Hope Hospital, Sutton Coldfield said; “Despite the First and only melt-in-the-mouth fact that a range of PDE-5 inhibitors exist, uptake has always been relatively low so the majority of ED erectile dysfunction (ED) sufferers go untreated or risk obtaining unregulated medication online.” He continued: “I hope that the
  53. 53. News Release Intended for U.S. Media Only Bayer Updates Labels for Drospirenone-containing Combination Oral Contraceptives Wayne, NJ, April 10, 2012 – In agreement with the U.S. Food and Drug Administration (FDA), Bayer HealthCare Pharmaceuticals Inc. today announced that it has updated the labels for its drospirenone- containing combination oral contraceptives (COCs) in the United States. The updated labels include additional information from recently published studies evaluating the risk of venous thromboembolism (blood clots) in women taking drsp-containing COCs. Specifically, the new labels state that COCs containing drospirenone may be associated with a higher risk of venous thromboembolism (VTE) than COCs containing levonorgestrel or some other progestins.PR Response to FDA Safety Communication of Epidemiologic studies that compared the risk of VTE reported that the risk ranged from no increase to a three-fold increase. The labels state that before initiating use of a drospirenone-containing COC in Revised Label - Part of Spin Jitsu a new COC user or a woman who is switching from a contraceptive that does not contain drsp, consider the risks and benefits of a drsp-containing COC in light of her risk of a VTE. Women should talk to their healthcare professional about their risk for blood clots before deciding which birth control method to use. Known risk factors for VTE include smoking, obesity, and family history of VTE, in addition to other factors that contraindicate use of COCs. The risk of VTE is highest during the first year of COC use. The greatest risk of VTE is present after initially starting a COC or restarting (following a 4 week or greater Pill-free interval) the same or a different COC. The revised labels update information that there is a risk of VTE among all COCs, but that the risk of VTE associated with pregnancy is even greater than the risk associated with any COC use, including drsp-containing COCs. - 1/2 -
  54. 54. What would the FDA say?What do I have to say?
  55. 55. Change the Subject.Noone will notice.
  56. 56. Social Media in Voire Dire• Not a shameless mention• FACEBOOK & Voire Dire • My Story in Alachua• LinkedIn Voire Dire• You can do it from your smart phone
  57. 57. Why can’t we all get along?• They can’t help themselves.• They profit from pushing the envelope.• Too much money and motive for them.• Verdicts at a certain level are the cost of doing business.• Buried in Annals of Annual Reports.
  58. 58. Final Thoughts from Sun Tzu• “Hence it is only the enlightened ruler and the wise general who will use the highest intelligence of the army for purposes of spying, and thereby they achieve great results. Spies are a most important element in war, because upon them depends an army’s ability to move”• The Internet provides a portal to use for information and spying. • What has the your adversary, or their Principal, posted and where?
  59. 59. Laying Plans• “The Art of War is of vital importance to the state. It is a matter of Life and Death, a road either to safety or to ruin. Hence under no circumstances can it be neglected.”• Preparing for Litigation Today against any Defendant mandates some strategy.• Developing Themes and Working toward your Offer of Proof requires preparation.• Today any Target or Party to Litigation must be investigated via the Internet. Especially through Social Media and “Free” Media.
  60. 60. Find, Follow or Friend• LinkedIn - “Gabriel F Zambrano” • • • • •