The sale of SEO is definitely applicable to everyone who needs it. Why not? You’re an SEO provider and it’s your obligation to present your business to those who need it. However, with the ubiquitous presence of businesses and websites online, knowing who to call first is a problem for many SEO sellers.My company targets the following prospects:Local businesses. There’s no doubt that there are still thousands of local businesses that need SEO. Start with the small businesses around you. Look for businesses such as fruit shake kiosks, ice cream stands, and tattoo shops. These have a lot to gain from SEO.New sites. These sites are often hard to find yet easy to win over. Finding new websites can be difficult. One way of finding such sites is by going to Google’s last search results pages, or by literally looking over each results page. Some SEO companies have a special ‘search and encoding’ team that looks for new websites through Google Maps. Although these new sites are vulnerable because of their hunger for search engine attention and success, some of them don’t include SEO in their promotion methods. In such cases, you need to use your SEO expertise and marketing skills to convince them.Previous victims of fake SEO companies. Looking for business owners who’ve had experiences with fake SEO companies isn’t that hard. Convincing them to give the method another try is the tough part. These business owners need proof, evidence, and testimonies of your services’ legitimacy.Popular brands with poor online presence. Many say that popular brands do not need SEO. That is absolutely true. However, popular brands that struggle through regular marketing and advertising methods may benefit from SEO. Actually, majority of most brands today use SEO as a marketing strategy.Mobile SEO. There is a high demand for mobile websites today. With the increasing popularity of smartphones, targeting businesses that need mobile versions of their sites is a good move.Related SEO sites. Selling SEO to other SEO companies isn’t illegal. In fact, many SEO companies entrust their own websites to other companies. Some of them say that they need to focus on optimizing their clients’ websites and that it would be time-consuming to optimize their own sites, while others say that they want to separate their own SEO from their main job. I think this is quite reasonable. My company handled SEO campaigns for 10 SEO companies several years ago, and some of them are still my partners!Celebrity websites. Convincing busy celebrities to have their sites optimized is difficult. Even encouraging their assistants and managers is considered as hard labor. However, targeting celebrities as potential clients is a clever act. Target the rising stars, or those who have clothing lines, music labels, and other businesses. I have a friend who has a pool of SEO Resellers that focus on managing SEO for celebrities’ websites.
If you want to sustain steady terms with your clients and up surge your business on the World Wide Web, having the feature of Live Chat Support is a must. It is a powerful tool that helps any business gain more traffic. You can communicate with your customers, know their choice and preference. It can directly help you in improving the quality of your product plus if your customers or potential clients need any support, you can be easily available to them. Installing a software for chat on your website is a marvelous tool for making a brand image and you can even advertise your products and services through it, which can lead to more business.So, if you are missing this important tool, you must start using it right away. These days come across a new software related to live chat support, every now and then. However, not every tool or software is useful. First of all select the right software for your business and enjoy great business. To make your task easy, here is a list of top ten chat support service providers. These are ruling the charts this year by offering seamless services and fetching good reviews by their users.Scroll down and check out the list:Zendesk: With great reviews and multiple benefits, the first chat software in our list is Zendesk. It definitely helps in enhancing your terms with the customers. Zendesk allows you to communicate with your clients through various modes like phones and emails. You can get connected to your customers on the social media platform as well and of course you have live chat medium. When you use Zendesk, you can connect to your clients on various mediums through one single platform. It can help you in having a meaningful communication which can be productive in nature as you can get immediate communication from the client’s side. At present, Zendesk is used in 150+ countries and it offers live chat support in more than 40 languages that makes it a user-friendly. You can modify it according to your convenience.Velaro: One of the most liked customer support software, Velaro is always to be customized according to the need of the business. It is really very flexible and you don’t have to mold your business strategies around it because it will adapt according to your requirements. Velaro had an inbuilt CRM module plus a shopping cart tool that gives suggestions to the customers on products, which is based on their past surfing. You can also see the items in the cart of your clients, get their shopping history and the previous chat records. When you have such detailed data related to your clients, you can easily start the communication and make your sale.Olark: Olark is a popular chat support software which offers some really cool features including targeted chat and cobrowsing. They have some really cool themes for holidays and it helps a lot in grabbing the attention of the customers. Olark can easily integrate with Highrise, Zendesk, Webhooks and it will give the transcriptions to your CRM. You can also check the conversation rate of the chat and make a list of priority customers. For making more sales, it is a nice software.My LiveChat: For those companies who want the chat support to look more personal, using My LiveChat is the best software. You can also monitor the real time visitors who are online. This is also a great software for multiple chat sessions. Plus you can keep a record of the FAQs related to the products and services offered by your company. It helps a lot in providing instant response and that can lead to more sales. If you want to do branding through chat, My LiveChat offers the feature of sharing your logo with the audience. You can also send customized wishes and greetings and send to the clients through this software.LiveHelpNow: If your business is small or medium, you can go in for LiveHelpNow. This software allows the user to perform live chat along with sending personalized messages. It supports translation of message and if you are looking for some discounts and incentives, this one is the perfect chat support software. The rate of integration of LiveHelpNow with Google Analytics, Salesforce and AdSense is snappy plus it offers an exclusive extension named Social Insights. By using this, you can land at the social profile of your visitors and you can easily check if they have been to your website before or not. This is an easy software with amazing functions.SnapEngage: SnapEngage is also a great software for chat support. They have this lovely feature of weather on their chat console which shows your location as well. It can help you in engaging the customers. Apart from that, it is an efficient and easy to use tool. It not only helps you communicate with your customers but it gets adapted to the workflow of your company and you can deal with the customers with ease. While using this tool, you can create constructive messages and correspond to various social media related to your business. It can be a complete manager of your business. You can directly chat with your clients through Facebook by using this software. It allows the customer support executive to add a picture and by doing this you can make the profile look more personal. While working in a team, you can easily transfer chat from one agent to the other one.LiveChat: LiveChat is a wonderful and easy to use chat support software which is suitable for all the platforms like Android, Mac and Window etc. It helps in enhancing the considerations of your clients. For a perfect communication with your clients and getting real time visitors LiveChat is always considered as the best one in industry. You can get the surfing details, past chat records and database related to the online customers with LiveChat.LivePerson: When it comes to the best interactive chat support software, LivePerson usually comes into mind. This is because it offers easy alliance with Facebook and Salesforce app. This application has an array of features decked up with analytical tools. By using these tools you can figure out the major loopholes of the chat process plus it has a feature with which the customer can rate the chat experience. If you are looking for some software which can help you in monitoring the mistakes and improving in customer communication, this is the best one. It is a flexible and easy to use software.ClickDesk: When it comes to a chat software which enables the involvement of multiple customers at one time, you cannot just go wrong with ClickDesk. It also gives the opportunity to the customers to choose the mode of chat conversation. You can know the location of the customer through this software. If you want to bridge the gap between your company and the customers, you must use this flexible, easy to use and helpful software.PureChat: For those who are looking for a dynamic live chat support software for their small business, PureChat is the right one. It helps in generating leads, up surging sales and keeping a record of the visitors on the website. You can easily make conversation with your target customers with this software. It gives the opportunity of sending multiple messages to customers with just one click.
The Texas Theft Liability Act (TTLA) was enacted in 1989. See Tex. Civ. Prac. & Rem. Code § 134.001. The TTLA was introduced because, although theft was criminalized under the Penal Code, there were no provisions for civil liability of theft. Committee Report on S.B. 269 p.2.; Cooper v. Sony Music Entertainment, Inc., 2002 U.S. Dist. Lexis 3832, *16 (S.D. Tex. February 22, 2002) (“[T]he Texas Penal Code does not provide a private right of action.”); Aguilar v. Chastain, 923 S.W.2d 740, 745 (Tex. App. Tyler 1996) (writ denied) (“[T]he Penal Code does not create private causes of action, and a victim “does not have standing to participate as a party in a criminal proceeding.”) This was particularly true for trade secrets, even though trade secrets are generally considered to be rights in the nature of property rights. The only way a party could seek to enforce those rights prior to the passage of the TTLA was through tort or contract principles. IBP, Inc. v. Klumpe, 07-00-0221-CV, 2001 WL 1456173, 7 (Tex. App. Amarillo 2001). Thus, the legislature sought to provide statutory civil liability for, among other offenses, unlawful appropriation of intellectual property – trade secrets. In support of passage of the act, State Senator McFarland noted in committee that, “statutory civil liability [will] allow for monetary recovery by the victim against the offender, and thus supplement the criminal sanctions.” Id.Under the TTLA, “a person who commits theft is liable for the damages resulting from the theft.” Tex. Civ. Prac. & Rem. Code § 134.003(a). In addition, “a parent or other person who has the duty of control and reasonable discipline of a child is liable for theft committed by the child.” Id. at § 134.003(b). Theft under the TTLA is defined as the “unlawfully appropriating property or unlawfully obtaining services as described… ” in Sections 31.1-7, 11-14 of the Texas Penal Code. Id. at § 134.002(2) includes Sections 31.03, 31.04, 31.05, 31.06, 31.07, 31.11, 31.12, 31.13, or 31.14 of the Penal Code as covered types of theft. These sections define several different actions that constitute theft, including the theft of trade secrets in Section 31.05.Under Texas Penal Code § 31.05(a), a trade secret is “the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.” Id. at § 31.05(a)(4).A person is guilty of stealing a trade secret when he “knowingly (1) steals a trade secret, (2) makes a copy of an article representing a trade secret, or (3) communicates or transmits a trade secret.” Id. at § 31.05(b). In order for a defendant to be liable under § 31.05, he must have taken trade secrets “without the owner’s effective consent.” Id. This is defined in § 31.01(3) as:”Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if:(A) induced by deception or coercion;(B) given by a person the actor knows is not legally authorized to act for the owner;(C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;(D) given solely to detect the commission of an offense; or(E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.I. The Advantages of the Texas Theft Liability ActThe ability to pursue a claim under the TTLA has several distinct advantages over both traditional common law theories of trade secret misappropriation and traditional theft covered in the other sections of the Texas Penal Code.A. Traditional Theft StatutesSection 31.03(a), which covers more traditional forms of theft, requires that the perpetrator (thief) intended to deprive the principle (owner) of the goods. Id. at § 31.03(a)(“A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.”). See also Falcone v. Texas, 682 S.W.2d 418, 420 (Tex. App. 1st Dist. Houston 1984). Texas courts have routinely required the prosecution to prove this element. In fact, the Court of Appeals for the 1st District of Houston has gone as far as to state that under § 31.03 “[t]he intent to deprive the owner of the property must be proved in order to sustain a theft conviction, and failure to prove it requires reversal.” Falcone v. Texas, 682 S.W.2d 418, 420 (Tex. App. 1st Dist. Houston 1984). This is a significant problem in almost all trade secret cases because the plaintiff usually still has possession of his trade secrets. Therefore, the thief is often accused of having only copied the trade secret or having transmitted knowledge of the trade secret to another. Because the plaintiff still has possession of the trade secret, the defendant has not actually deprived the plaintiff of the secret, let alone intended to deprive the plaintiff of the secret. Id. Thus, obtaining a theft conviction under § 31.03 or civil damages under the TTLA in conjunction with § 31.03 would be almost impossible in trade secret cases.In contrast, § 31.05 eliminates the “intent to deprive” requirement. Furthermore, Section 31.05 covers not only actual trade secret theft but also communication, transmission, or copying an article representing a trade secret. Thus, Section 31.05 anticipates and eliminates potential proof problems by specifically including trade secret theft offenses that would not otherwise be covered under the general theft statute. Id. at 421.B. Traditional Trade Secret MisappropriationIn addition, under § 31.05 there is no requirement that the accused thief actually use the trade secret. This is particularly significant because one of the three required elements in a traditional misappropriation of trade secrets claim is that “the defendant used the trade secret.” Dorsaneo, Texas Litigation Guide § 200.05, p. 200-30. There have been several trade secret cases where courts have found no liability simply because the defendant did not use or attempt to profit financially from the use of the trade secret. Under § 31.05, this would not be a problem because the defendant is guilty by simply taking the trade secret.C. Burden of ProofTraditionally, criminal charges of theft, including the theft of trade secrets, require that the prosecution prove the offense beyond a reasonable doubt. Shalk v. Texas, 823 S.W.2d 633, 637 (Tex. Crim. App. 1991); Weightman v. Texas, 975 S.W.2d 621, 624 (Tex. Crim. App. 1998). This is not the standard in civil cases. Rather, a civil claim usually need only be proved by the preponderance of the evidence. While this issue has not been heavily litigated, the Texas Criminal Practice Guide has stated that “[b]ecause [an action under the TTLA] is a civil cause of action for damages, it appears that the burden of proving theft would be by a preponderance of the evidence rather than beyond a reasonable doubt.” Texas Criminal Practice Guide/Volume 6: Chapters 126-135 SUBSTANTIVE LAW (cont.)/Chapter 127 ROBBERY AND THEFT/I LEGAL BACKGROUND / § 127.03D Civil Liability for Theft (citations omitted).II. Determining the Applicability of the Texas Theft Liability ActAs discussed above, the ability for a party to bring a claim under the TTLA, with respect to the theft of information, presents numerous advantages for such party. However, as the TTLA pertains in such respect only to the theft of trade secrets, the threshold inquiry for the court is determining whether the relevant information constitutes a trade secret.To be a trade secret, “the information, design, process, formula or improvement must not only be a secret, but must also be generally unavailable to the public and it must give one who uses it an advantage over competitors that do not know of or use the trade secret.” See McGowan v. State, 938 S.W.2d 732,738 (Tex. App.-Houston [14th Dist.] 1996). When determining whether information constitutes a trade secret, courts generally consider factors such as:(1) the extent to which the information is known outside of the owner’s business;(2) the extent to which it is known by employees and others involved in the owner’s business;(3) the extent of the measures taken to guard the information’s secrecy;(4) the information’s value to the owner and his competitors;(5) the amount of effort or money the owner expended to develop the information;(6) the ease or difficulty with which the information could be properly acquired or duplicated by others. See Downing v. Burns, 348 S.W3d 415, 422 (Tex. App.-Houston [14th Dist.] 2011); see also, In re Bass, 113 S.W.3d 735, 739 (Tex. 2003).Based on this stringent analysis, many times the relevant information is held not to be a trade secret.III. Recovery of Attorney’s Fees Under the Texas Theft Liability ActPerhaps the biggest change that the TTLA brings to plaintiffs is in the area of damages. Under C.P.P.C. § 134.005(a), the TTLA provides that “a person who has sustained damages resulting from theft may recover… from the person who commits theft, the amount of actual damages… and… a sum not to exceed $1,000.” This statutory availability of actual damages does not really add anything to what could be recovered under a traditional trade secret misappropriation claim. The real change come in sub-section (b), which for the first time authorizes by statute the recovery of attorney’s fees in trade secret theft litigation.This is significant because the general rule in the United States (including in Texas) is that a party is to bear its own attorney’s fees unless there is an express provision in a contract or statute indicating otherwise. This is such a universal rule that it is commonly known as the “American Rule.” And the Texas Supreme Court has regularly held that “attorney’s fees are not recoverable either in an action in tort or a suit upon a contract unless provided by statute or by contract between the parties.”This has meant that in the past a plaintiff usually had to look to contractual provisions or the discretion of a judge acting under C.P.R.C. § 38.001 to get attorney’s fees. Tex. Civ. Prac. & Rem. Code § 38.001 – “A person may recover reasonable attorney’s fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the claim is for: (1) rendered services; (2) performed labor; (3) furnished material; (4) freight or express overcharges; (5) lost or damaged freight or express; (6) killed or injured stock; (7) a sworn account; or (8) an oral or written contract.” In federal cases, a party can always ask the judge to use his inherent power to sanction the other litigant and award attorney’s fees. Dorsaneo p. 200-55. Now, under § 134.005(b), “each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney’s fees.”Notably, the TTLA does not define who constitutes a “person who prevails in a suit.” Some have argued that a party who ultimately prevails on its claim under the TTLA, even though it recovers zero damages, should be entitled to recover attorney’s fees. See, e.g., Johns v. Ram-Forwarding, Inc., 29 S.W.3d 635, 638 (Tex. App.-Houston [1st Dist.] 2000). However, in light of recent cases, a finding of liability alone on a party’s TTLA claim, without an award of damages does not bestow “prevailing party” status and precludes the party from recovering attorney’s fees. See, e.g., Glattly v. Air Starter Components, Inc., 332 S.W.3d 620, 640-41 (Tex. App.-Houston [1st Dist.] 2010). This line of reasoning stems from the rationale established by the Texas Supreme Court in Intercontinental Group P’ship v. KB Home Lone Star L.P. There, the Texas Supreme Court faced the issue of a contract that provided for attorney’s fees for the prevailing party but that did not define “prevailing party.” See Intercontinental Group P’ship v. KB Home Lone Star L.P., 295 S.W.3d 650, 653-54 (Tex. 2009). The court noted that in such case the ordinary meaning of prevailing party should be used. See id. The court held that a party, who does not obtain damages or other relief on its claim, could not be a prevailing party. See id. at 655-56. Thus, in order for a prevailing party to be entitled to costs and reasonable and necessary attorney’s fees, the prevailing party must obtain some award of damages.The TTLA is not limited to providing recovery of attorney’s fees for plaintiffs. Defendants who have successfully prevailed in defending against TTLA claims have also recovered their attorney’s fees. See Moak v. Huff, 2012 Tex. App. LEXIS 1245 (Tex. App. San Antonio Feb. 15, 2012) (reversed and remanded judgment denying attorney’s fees finding that a defendant who successfully defends a TTLA suit is entitled to recover.IV. SummaryThe TTLA provides distinct advantages over common law and contract claims, but also heightens the risk that a losing plaintiff could be required to pay a prevailing defendant’s attorney’s fees.