March 11, 2011 nº 1.015 - Vol. 9
"The buck stops with the guy who signs the checks."
Rupert Murdoch
In today's Law Firm Marketing, 9 smart ways to cut marketing costs and improve results.
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Italy: Controversial reform bill unveiled
A controversial bill to split up Italy's judiciary has been unveiled in Rome by Berlusconi's government. The bill, which faces a lengthy passage through parliament, would force magistrates to choose between a career as a prosecutor or a judge. Prosecutors and judges can currently switch between the two career paths. Critics say Berlusconi is introducing the reform, prompted by personal resentment and ideological motives, and is seeking to punish magistrates for the numerous trials he has faced or is facing. Powerful, independent magistrates have played a key role in Italian society, notably in the 1990s when the "Clean Hands" inquiries uncovered huge corruption and led to the overhaul of the political system. Introducing the bill, Justice Minister Angelino Alfano said prosecutors and defendants needed to be placed "on the same level", with judges above them. "In order for the judges to be really above both, they cannot be direct colleagues of prosecutors," he said. "This is what protects citizens: a perfect parity between prosecutors and defendants. We think that in order to achieve this, we need to keep the two careers separated. The judge and the prosecutor are two different jobs." The constitutional reform will need to be approved by two-thirds majorities in both houses of parliament or be put to a popular referendum.
Wisconsin state assembly votes through anti-union bill
The Wisconsin state assembly has voted to approve a plan to strip public-sector unions of most of their collective bargaining rights. Senate Republicans used a procedural move to pass the bill on Wednesday. AFL-CIO union leader Richard Trumka earlier attacked the Republicans' move as a "corruption of democracy". The plan has prompted widespread protest. The US state's 14 Democratic senators had sought to prevent the bill moving forward by fleeing the state, leaving the chamber short of the number needed for a vote. But Republicans used a procedural move to allow them to vote on the measure in committee instead on Wednesday evening. Republicans say the bill is necessary to help the state balance its budget deficit. The state faces a $3.6bn budget deficit in the coming two-year period.
Illinois abolishes death penalty
Illinois Governor Pat Quinn signed Senate Bill 3539 on Wednesday, absolishing the death penalty in Illinois. Two months after the Illinois Senate approved the bill, Quinn signed the bill into law. Justifying his decision in a statement, Quinn said: "Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. With our broken system, we cannot ensure justice is achieved in every case. For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release. I have found no credible evidence that the death penalty has a deterrent effect on the crime of murder and that the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims' families in overcoming their pain and grief." Illinois legislators have attempted to ban the death penalty since then-governor George Ryan put a moratorium on it 11 years ago. Although the new law will officially take effect on July 1, Quinn commuted the current 15 death row inmates' sentences to life without parole.
EU Court of Justice rules against proposed European patent court
The European Court of Justice - ECJ issued a non-binding advisory opinion Tuesday that the planned European and Community Patent Court - ECPC is incompatible with EU law. The ruling is a significant setback for EU governments that have been negotiating for a unified EU patent system for over 30 years. The drive to unify the patent process is fueled in part by the complex process of securing a patent for each individual country in the EU, which requires numerous applications and costly translations. In addition, if litigation arises, litigants must take the dispute to every country where an infraction in occurring making enforcement an onerous task. Efforts to establish a unified patent system have been opposed by Italy and Spain in part because the current plan allows for patents to be filed only in English, German or French. The ECJ summed up its major objection to the proposed ECPC: "The envisaged agreement, by conferring on an international court which is outside the institutional and judicial framework of the European Union an exclusive jurisdiction to hear a significant number of actions brought by individuals in the field of the Community patent and to interpret and apply European Union law in that field, would deprive courts of Member States of their powers in relation to the interpretation and application of European Union law and the Court of its powers to reply, by preliminary ruling, to questions referred by those courts and, consequently, would alter the essential character of the powers which the Treaties confer on the institutions of the European Union and on the Member States and which are indispensable to the preservation of the very nature of European Union law." EU officials have been quick to note that the ruling is not fatal to a unitary patent regime, but rather to the ECPC which would have adjudicated disputes arising in connection with patents in 38 countries including some countries not part of the EU.
US Senate passes bill to overhaul patent law
The U.S. Senate passed legislation that overhauls the nation's patent system, allowing the Patent and Trademark Office more flexibility to have more control over its financing and implementing a system that rewards the first inventor to file a valid application. The legislation — America Invents Act — passed in the Senate easily and without issue, 95 to 5. However, the U.S. House of Representatives is unlikely to take up the measure any time soon, and some believe that if taken up by the House, the bill is likely to be significantly different from that which has been approved by the Senate. It is uncertain whether the House bill will contain many of the Senate bill's changes in litigation procedures, like the post-grant review. A consortium of technology and computer companies are already lobbying House members to resist addressing procedures to re-examine patents in their bill. Under the bill, the patent office could set up an expedited review program under which, for a higher fee, it would guarantee a final decision on an application within a year. It now takes about three years, on average, for a patent application to be approved, and the office has such a backlog that it takes two years for examiners to begin work on a new application. Small businesses would be eligible for a reduction in the fee. A patent system developed for a 1952 economy — before the Internet, before cell phones, before computers, before photocopiers, even before the I.B.M. Selectric typewriter — needs to be reconsidered in light of 21st-century realities, while staying true to the consistent constitutional imperative of encouraging innovation and invention. The patent office is currently sifting through 700,000 applications awaiting initial action and 500,000 applications that have already begun to be processed. Proponents of the legislation believe it will help the patent office navigate through the application process more easily.
DOJ appeals Florida health care ruling
The US Department of Justice - DOJ on Tuesday appealed a ruling in the US District Court for the Northern District of Florida declaring the health care reform law unconstitutional. On Friday, judge Roger Vinson granted the Obama administration's petition to stay his previous order on the condition that an appeal would be filed within a week. The stay has allowed the administration to continue its implementation of the law in other states until after appellate review. The administration had not formally sought a stay on the injunction, but rather had requested Vinson to "clarify" his earlier judgment in order to determine its "potential impact" on the implementation of the Act. In January, Vinson voided the entire Patient Protection and Affordable Care Act - PPACA, saying that requiring all Americans over the age of 18 to have health insurance violated the Constitution by exceeding Congress' Commerce Clause power. The case will now be reviewed by the US Court of Appeals for the Eleventh Circuit.
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1 - Ambassador Ana Paula Zacarias appointed Head of the EU Delegation in Brasília - click here.
2 - Tunisia court dissolves ousted president's party - click here.
3 - Northwestern University defends after-class live sex demonstration - click here.
4 - Civil action to come in Hey Dad scandal - click here.
5 - Attorney: Mel Gibson approaches prosecutors with a proposal - click here.
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Chinese leader rules out democracy
A senior Chinese leader says his country will not become a multi-party democracy or adopt other Western-style political reforms. Wu Bangguo - officially number two in the leadership structure - warned that China could face civil disorder if it abandoned its current system. Chinese Premier Wen Jiabao suggested last year that China could introduce democratic reforms. These comments from Mr Wu explicitly say otherwise.
9 smart ways to cut marketing costs and improve results
by Trey Ryder
Smart way #1: Don't use mass marketing to deliver your message. When you deliver your marketing message through newspaper ads or TV commercials, you're using the most expensive type of marketing. You're using media time and space to explain how you can help a person solve his problems. Instead, I suggest you use the media not to deliver your message, but to offer your message. Then, when interested prospects call your office, send them your information packet by mail. This allows you to deliver much more information to the person who is interested -- and gives you the person's name and address for your mailing list.
Smart way #2: Don't spend money on four-color brochures. They're expensive and, in most cases, not necessary. The only time you need full color is when you're marketing something colorful, such as art or gemstones. And even then, you can often find alternatives that are less expensive than brochures, such as photographs. If you want a colorful "coffee table piece" to impress your prospects, your clients or yourself, that's fine. But don't expect it to be a cost effective part of your marketing program.
Smart way #3: Don't use institutional ads. For decades institutional ads have made impressions on audiences without generating measurable results. But what good is an impression if you don't know the identity of the person on whom you made the impression. I urge you to use a method that's accountable -- a method that generates inquiries from genuine prospects -- so you can tell what works and what doesn't.
Smart way #4: Don't use media publicity merely to gain exposure. Media exposure usually doesn't directly affect your bottom line. To increase publicity's effectiveness, use it to establish credibility and generate inquiries from qualified prospective clients.
Smart way #5: Simplify your newsletter. Many lawyers produce multi-page newsletters that cost a fortune to design, print and mail. Remember, the purpose of a newsletter is to deliver information and reinforce why prospective clients should choose you over other lawyers. A simple educational Alert of even one or two pages works just fine. Your newsletter's size is not nearly as important as how often you mail it and the value of the information you present.
Smart way #6: Don't serve food at seminars. People attend seminars because they want information. When you advertise that you're serving food, you attract people who want to eat, not listen. I've promoted hundreds of seminars and I assure you that you don't need to feed people to get them to attend. You simply need to offer facts your prospects want -- and then market your seminar so prospects understand what they'll learn.
Smart way #7: Stop outbound telemarketing. I've never heard anyone say he likes to be solicited by telephone. I urge you to invest in a marketing program that attracts qualified inquiries. Then you won't need outbound telemarketing and you won't create a bad impression on a prospective client.
Smart way #8: Deliver an educational message. People want information. That's why they surf the Internet -- attend seminars -- and request free information. When you use my method of Education-Based Marketing, you mail free information to prospects who request it. This gives them the information they want -- and gives you a mailing list of prospective clients. What could be easier!
Smart way #9: Hire an independent consultant. If you want to avoid the high costs of ad agencies and PR firms, I urge you to look for an independent consultant. I've found when I hire a private consultant, I'm paying for knowledge, skill, judgment and experience -- not expensive overhead. This is especially true in marketing.
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© Trey Ryder
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Negocios
La estatal china Chongqing Polycomp International Corporation - CPIC adquirió la brasileña Capivari Fibras de Vidro a la estadounidense Owens Corning por US$ 59,5 mlls. La operación está pendiente de la aprobación de las autoridades chinas y brasileñas. La transacción estaría cerrada durante el segundo trimestre de 2011.
Shell – Panamá
La panameña Petróleos Delta cerró el acuerdo de adquisición de los activos de distribución de combustibles de la estadounidense Shell en Costa Rica. Shell operaba 31 estaciones de servicio y 13 tiendas de conveniencia en el país centroamericano. La marca desaparecerá para quedar bajo la bandera de Delta que cuenta con 183 estaciones de servicio en Panamá, la mayor red de esa nación. También es distribuidora exclusiva de los lubricantes Esso/Mobil
Telecom
Los italianos pagan US$ 145 mlls. para ampliar su participación en Telecom Argentina. Adquirieron el 10% de Sofora, el holding que controla a Telecom Argentina, a la familia Werthein. De esta manera, la sociedad italiana pasa a controlar 68% de Sofora.
Gaddafi loyalists mount onslaught
Forces loyal to Gaddafi have made major gains against anti-government rebels, pushing them from two key areas. EU leaders are due to discuss the crisis, with the UK and France leading calls for a strong response. UK and France called for an immediate halt to violence against civilians and for Col Muammar Gaddafi and his "clique" to leave. But they made clear that any foreign action within Libya, including a no-fly zone, could take place only if it had wide international support. Nato defense ministers discussed a no-fly zone on Thursday but decided more planning was needed. The EU extended economic sanctions against Libya to include the country's sovereign wealth fund and central bank. Meanwhile, the International Committee of the Red Cross said that Libya had now descended into civil war. Analyst in the US predicted that government forces would defeat the rebels.
Warning of al-Qaeda recruiting US Muslims
Peter King, a US congressman, has warned al-Qaeda is actively recruiting US Muslims for violent attacks within the country. He spoke at a House homeland security committee hearing into the "radicalization" of US Muslims. He said "homegrown radicalisation" was "part of al-Qaeda's strategy to continue attacking the US". Critics say the hearing is feeding anti-Islamic sentiment and criticise Mr King for singling Muslims out.
EU in pact on pay, tax and pensions to safeguard euro
European Union - EU governments are close to agreeing a new pact on sensitive economic policies aimed at safeguarding the euro. The draft includes proposals for lower labor taxes, a common corporate tax base and indexing retirement age to life expectancy. The pact, to be binding on the 17 euro members, aims to boost competitiveness, a key criticism of the single currency. The pact covers a broad range of general policy recommendations, but leaves it to individual member governments to lay out specific annual policy goals. Some countries have been criticised by economists for negotiating wage levels nationally with unions (e.g. in Germany) or by automatically indexing pay to inflation.
Biden urges Russia to tackle corruption
Russia needs to fight "endemic corruption", implement the rule of law and improve the investment climate, US Vice President Biden has said. "Investors are looking for assurances that the legal system treats them fairly and acts on their concerns swiftly," he said. He also said that the US "strongly supported" Russia's accession to the World Trade Organization - WTO.
GM finance head quits after return to black
General Motors' - GM finance head, Chris Liddell, has resigned after taking the company through its first profitable year since 2004. Lidell said he doesn't want to be a chief financial officer any more. He was passed over for the top job at GM last year. His resignation renews concerns over leadership at the company, which has seen top executives change four times in the last two years.
Colombia makes threat on ransoms
Colombia tells multinational companies that if they pay extortion or ransom money to the country's armed groups they will face expulsion.
Guatemalans threaten to sue US over sex infection tests
The US government is facing a potential lawsuit on behalf of Guatemalans who were deliberately given gonorrhoea or syphilis in medical tests decades ago. Lawyers have given the US authorities until Friday to find a way to settle claims out of court or face action. Hundreds of Guatemalan prisoners and mentally ill patients were infected, without their consent, to study the effects of penicillin. Last year, the US government apologized for the "reprehensible" experiments. Lawyers representing several Guatemalans have written to US Attorney General Eric Holder asking for a way to resolve the issue out of court. The study carried out by US scientists took place in Guatemala between 1946 and 1948.
Ban on Mexico film Presumed Guilty is lifted
Mexican authorities have lifted a ban on a hit documentary that charts flaws in the country's justice system. The interior ministry had ordered the distributors to accept a judge's order and pull the film, Presumed Guilty. But another court has now overturned that ruling, saying that it was in the public interest for it to be shown. The film has been a big hit since opening in Mexico last month.
VitaminWater's claims spur lawsuits in Canada
Sports drinks made by Vitamin Water are the target of potential class-action lawsuits in Canada, which say that the vitamin-fortified drinks are marketed under false claims of being healthy. The suits name Vitamin Water's corporate parent, Coca-Cola.
J&J draws more U.S. scrutiny on charges of violating laws in drug recalls
Johnson & Johnson , the world's biggest health products maker, will face more scrutiny from U.S. regulators after its McNeil unit was charged with violating federal laws following multiple recalls in the past year of over-the-counter drugs such as Tylenol.
Yemen president promises new constitution as protests continue
Yemeni president Ali Abdullah Saleh promised Thursday to create a new constitution guaranteeing parliamentary and judiciary freedoms, but protesters were not satisfied, flooding the streets in response.
UN rights chief urges Tunisia, Egypt to protect women's rights
UN High Commissioner for Human Rights Navi Pillay pressed Tunisia and Egypt on Tuesday to ensure that women's rights receive constitutional protection and to include women in the dialogue to shape the future of their countries. Pillay's statement came in conjunction with International Women's Day. The High Commissioner expressed concern that constitutional reforms in Egypt were being "undertaken without full participation" and that some proposed reforms were discriminatory.
Morocco king announces plans for constitutional reform
King Mohammed VI of Morocco on Wednesday announced plans for a series of constitutional reforms, which, if enacted, would result in more power being given to elected officials, as well as an independent judiciary. Under the plan, the prime minister would be chosen based on the political party elected to a majority of seats in parliament, more power would be granted to the parliament and local officials would also be granted more power through a "regionalization program." Under the regionalization program, officials would be elected to regional councils through a direct vote, and the councils would be responsible for governing the affairs of the region.
Kenya to challenge ICC summons
The Kenyan government announced Wednesday that they will challenge the admissibility of cases relating to the 2007-2008 post-election violence in the International Criminal Court - ICC, as well as the jurisdiction of the court. The ICC on Tuesday issued summons for six Kenyans accused of inciting the violence, including current Deputy Prime Minister Uhuru Muigai Kenyatta and several Ministry heads. All six are believed to have fomented violence, rape and destruction of property during the 30 days of violence. A government spokesperson stated the ICC summons are an attempt to signal that Kenya is a failed state. He also noted that the government's challenge of the ICC's jurisdiction is a way to show the country's progress.
Lawyer for ex-Liberia president argues bias in war crimes trial
A defense lawyer representing former Liberian president Charles Taylor on Tuesday accused the Special Court for Sierra Leone - SCSL of political bias during his closing arguments in Taylor's trial in The Hague on charges of war crimes and crimes against humanity. British defense lawyer Courtenay Griffiths called the trial a "21st-century form of neo-colonialism" and criticized the court for being politically biased, citing information found in US documents released by Wikileaks and the international court's failure to indict other African leaders
Federal judge refuses to order additional Exxon Valdez payment
A judge for the US District Court for the District of Alaska refused Monday to order Exxon Mobil to pay an additional $92 million in damages from the Exxon Valdez oil spill. Under a 1991 settlement agreement, Exxon paid $900 million in civil damages. The US and Alaskan government sought in 2006 to reopen the settlement agreement, saying more money was needed to clean up the crude oil that was still tainting Prince William Sound. Environmental activist Rick Steiner had filed a motion seeking court intervention to bring the reopener process to a close. Judge H Russel Holland, who has presided over much of the litigation stemming from 1989 spill, found that the US and Alaskan governments appeared to be close to reaching an agreement with Exxon Mobil, refusing to order the payment.
Obama orders resumption of Guantanamo military trials
Obama on Monday issued an executive order allowing military commissions for Guantanamo Bay detainees to resume. New charges in the military commission system have been suspended since shortly after Obama took office in 2009. Monday's order also establishes a procedure for establishing a review process for detainees who have not been charged, convicted or designated for transfer.
India high court rules 'passive euthanasia' permitted under certain circumstances
The Supreme Court of India on Monday rejected a petition for mercy killing, but ruled that passive euthanasia was permissible under certain circumstances. The case centered around Aruna Shanbaug, a former nurse who was raped and strangled at work 37 years ago and has been in Mumbai's King Edward Memorial Hospital in a blind and vegetative state ever since. Pinki Virani, a journalist and friend, petitioned the court to stop hospital staff from force feeding Shanbaug and allow her to die. The court stated that, while there is no statutory provision to support active euthanasia, where an individual dies by lethal injection, passive euthanasia through a withdrawal of life support would be permissible with approval by the high court after receiving requests from the government and close family members of the individual and getting the opinions of three respected doctors. The court determined that Virani was not as close to Shanbaug as hospital staff and rejected her petition.
Howrey law firm dissolves after slow bleed of partners
Howrey, a big law firm known for its intellectual property practice, is set to fold on Tuesday after its partners overwhelmingly voted to dissolve their practice. As some law firms take on more contingency work, they run the risk of losing partners—and more. Howrey LLP learned the downside of doing more legal work on a contingency basis as it now faces dissolution of the firm.
Renault's sensational case of stolen secrets is dissolving for lack of proof
Renault, the French automaker, may drop charges against three former employees suspected of selling information because of doubts about evidence in the case.
SEC head regrets handling of ex-lawyer's Madoff ties
The head of the U.S. Securities and Exchange Commission said she wished the SEC's former top lawyer had removed himself from the agency's work on the epic Bernard Madoff fraud. In an affair that is undermining the agency's pleas for more funding, SEC Chairman Mary Schapiro told a congressional panel that, in hindsight, former SEC general counsel David Becker's Madoff ties should have been handled differently. Becker received an inheritance from his mother that included Madoff funds, but an SEC ethics counsel cleared him to work on Madoff legal matters including a recommendation on how Madoff's victims should be compensated.
Gaddafi forces battle opposition forces in key oil port
Al Arabiya, Online news, Dubai, United Arab Emirates
Clinton to visit Egypt, Tunisia next week
Egyptian Gazette, English-language, Cairo, Egypt
YEMEN: Death toll rising at peaceful protests
IPS Middle East, International cooperative of journalists, Rome, Italy
NAM upholds right to civilian nuclear program
Iran Daily, English-language, reformist, Tehran, Iran
Surge in Arab protests expected in Gulf states
JPost, Conservative, Jerusalem, Israel
8.9-magnitude quake triggers destructive tsunami in Japan
Nahamet, Online news portal, Beirut, Lebanon
Philippine spat over China deportations ends
Times of Oman, English-language daily, Muscat, Oman
Yemeni opposition forces children to catch up in disputes, UNICEF
Yemen Observer, Sana'a, Republic of Yemen
Russia moves 11,000 on tsunami fear
BreakingNews.ie, Online news portal, Cork, Ireland
Iraqi journalists press charges against riot police
Radio Free Europe, Prague, Czech Republic
For God's sake, stop censoring adverts
Spiked, (Alternative Internet Magazine), London, England
Charlie Sheen's house searched for firearms
Telegraph The, Celebrity news, London, England
Six fires occurred in Tokyo after the earthquake shook Japan
WNC News, London, England
Libyan rebels come under heavy fire
Daily Jang, Left-wing daily, Karachi, Pakistan
Ahmedabad-bound plane makes emergency landing
India Times, Conservative daily, New Delhi, India
Hawaii on tsunami watch, lesser threat to NZ
New Zealand Herald, Conservative daily, Auckland, New Zealand
Counternarcotics ministry awards Kapisa $1.6m
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan
Obamas take anti-bullying message to Facebook
Sify News, Chennai, India
St Kitts gives top honour to Taiwan president
Caribbean360, Online news portal, St. Michael, Barbados
Dominican government ex officials face fraud charges in NY
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
Lindsay Lohan gets hard choice from judge: Deal with me or take your chances
Vancouver Sun The, Conservative, Vancouver, Canada
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