April 1, 2011 nº 1.024 - Vol. 9


"The less people know about how sausages and laws are made, the better they'll sleep at night"

Otto von Bismarck


In today's Law Firm Marketing: Warning: these costly mistakes are instant website killers.

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Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica

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  • Top News

Subprime Bonds Return

Subprime and other residential mortgage bonds that helped trigger the financial crisis are back in vogue with long-term investors, in the latest sign that American credit markets are healing after the worst downturn in a generation. The prices on a representative slice of the subprime bond market have doubled from $ 0.30 on the dollar at the low point of the crisis to roughly $ 0.60 today. Their comeback underscores how investors have regained the courage to take on more risk as the economy recovers, pushing up the prices of a broad swath of riskier assets, from commodities to junk bonds to stocks. The attraction of bonds underpinned by subprime home mortgages is fat yields, at a time when the Federal Reserve has pushed interest rates on the safest investments to among the lowest levels in history. In addition to subprime bonds, conservative investors are re-entering the market for other so-called nonagency bonds, which means they aren't backed by Fannie Mae or Freddie Mac. These securities yielded close to 20% during the downturn, and are now fetching between 5% and 7%—still well above roughly 3.5% yields on U.S government bonds and 4% on high-quality corporate bonds. The willingness to take on risk is helping ordinary borrowers, too, by leading banks to make more nontraditional loans, such as jumbo mortgages, and to charge lower interest rates for them. Since the worst of the crisis, the extra amount that borrowers have had to pay for these loans has fallen by half, with interest rates for jumbo loans now roughly 5.5% compared to 5% for 30-year conforming loans. The extra amount over standard conforming loans that a person would have to pay for a jumbo has fallen from 1.3 percentage points to a bit over 0.5 points. Equally notable, investors say, is that prices on these risky bonds have stabilized in recent months, giving conservative buyers the confidence to step in.

Egypt military introduces interim constitution

The Egyptian Supreme Council of the Armed Forces on Wednesday unveiled an interim constitution that allows the council to retain control over the country until an elected government is installed. The document vests the military council with presidential powers, including the abilities to introduce legislation, veto existing laws and act as Egypt's representative to the international community. Among the constitution's 62 articles, nine of which were popularly approved earlier this month, are provisions mandating presidential term limits, vice presidential appointments, judicial oversight of elections and the formulation of a 100-member committee to be charged with drafting a permanent replacement constitution that will then be submitted for approval via referendum. Several aspects from the preceding constitution, which was suspended in February, are continued in the interim version, namely the retention of Islamic Sharia law and of Islam as the national religion.

Somaliland opens maximum security prison for pirates

Somaliland, an unrecognized independent region in northern Somalia, opened a maximum security prison for pirates on Tuesday. The prison, refurbished by a US$1.5m grant from the UNODC - UN Office on Drugs and Crime, is currently only housing prisoners tried in Somalia, with indications that this will be the prison's policy, citing transport as an issue. There is speculation that this may jeopardize Seychelles' continued prosecution of pirates. The UNODC indicated that future prisons may be opened in Puntland, as well as several more in Somaliland. Although the vast majority of captured pirates are Somali, Somalia has not had a functioning central government since 1991, so prosecution and detention within the nation has been difficult.

Federal judge allows suit over Guantanamo prosecutor termination

A judge for the US District Court for the District of Columbia ruled Wednesday that a lawsuit against the LOC - Library of Congress filed on behalf of former Guantanamo prosecutor and LOC employee Col. Morris Davis can proceed. Davis, who was employed at the LOC's CRS - Congressional Research Service, resigned as the military commissions' chief prosecutor in October 2007. Following his resignation, Davis became an outspoken critic of the commissions, writing articles, giving speeches and testifying before Congress that the system is fundamentally flawed. The ACLU - American Civil Liberties Union filed suit last January, alleging that the LOC violated Davis' First and Fifth Amendment rights when it terminated him after he authored a high-profile piece criticizing the military commission system for the Wall Street Journal. Observing that Davis' complaint articulated legitimate First and Fifth Amendment claims, Judge Reggie Walton denied motions by Librarian of Congress James Billington and CRS Director Daniel Mulhollan to dismiss and to stay litigation.

US to seek second term on UN rights council

The US Department of State announced on Wednesday that it would pursue a second term on the UNHRC - UN Human Rights Council. In continuing its membership, the US intends to further its stand against the council's "biased and disproportional focus on Israel," and push the council to "address a broad range of urgent and serious human rights concerns worldwide." The State Department highlighted the accomplishments of the UNHRC over the last two years, citing the council's deepened engagement in human rights situations worldwide, initiation of concrete action to drive human rights priorities, and defense of core human rights principles.

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  • Crumbs

1 - Google reaches privacy settlement over Buzz bungle - click here.

2 - Berlusconi team calls for Clooney, Ronaldo as witnesses in sex trial - click here.

3 - Breeder sues over lost frozen semen of German Olympic stallion - click here.

4 - Website pays nearly $1m for piracy of Beatles hits - click here.

5 - 3 mexican brothers face death by hanging if convicted in Malaysia drug trafficking trial - click here.

6 - Beijing couple fight to give up son, stage reverse custody auction - click here.

7 - Lindsay Lohan cleared of battery charges - click here.

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  • MiMIC Journal

China eyes US military expansion

China says the United States is increasing its military presence in the Asia-Pacific region, which is becoming more "volatile". It also says there has been a rise in operations directed against China.

Baidu deletes 2.8m online works due to copyright tussle

Chinese search engine Baidu has deleted 2.8m works from its online library, Baidu Wenku, in an attempt to settle a copyright dispute with writers. More than 40 authors had accused the company of offering their works as free downloads without permission. Negotiations between the authors and the company had broken down last week, but Baidu had promised to delete unlicensed items. Baidu Wenku allows users to read, share or download texts free of cost.

  • Law Firm Marketing

Warning: these costly mistakes are instant website killers

by Tom Trush

Although the following story is about an experience with an insurance agent, the lessons can apply to any industry or profession.

Last Monday afternoon I received a phone call from a local insurance agent.

We'll call him "Bob."

Bob explained he just dropped a small fortune on a new company website. Although he understood the importance of being online, Bob said he had no idea how to ensure his website generated leads. So he relied on a programmer to come up with the content and a strategy ... while creating the website.

Anticipating his new website would immediately bring in leads, Bob began paying for a monthly service that allowed visitors to get instant online quotes. Also, at the suggestion of his programmer, he started a Google AdWords campaign.

When Bob called, he was frustrated. Although his website had been online for several weeks, he hadn't received a single lead -- or even any traffic. And since he was paying for the online quote program and pay-per-click advertising, he was losing money every day.

When I went to Bob's website, several problems were immediately noticeable ...

This is one of two similar calls I received last week (the other was from a lady who spent $10,000 for a website and eBook she won't ever use). I'm sharing Bob's story with you because his situation is not unique -- far too many business owners needlessly throw away money for websites (and other types of marketing materials) that never have a chance to generate leads.

What makes Bob's situation so frustrating is he's now left with no budget to correct basic mistakes that could have easily been avoided.

I don't want to direct negative attention toward Bob's business, so I'm keeping his URL private. But here is an explanation of several places where his website went wrong (you'll notice these are the same mistakes I mentioned repeatedly in previous articles):

  • The title tags are blank. For search engine optimization purposes, keywords used by your target audience must be incorporated into the area that displays in the blue bar at the top of any web browser.

  • The content doesn't have headers. In addition to breaking long blocks of text and making the content easier to comprehend, search engines "read" headers to help determine the topics on a web page.

  • The content doesn't have anchor text. Another major factor for search engine optimization, key phrases within your content should link to other pages on your website.

  • The website doesn't have incoming links. The number of other relevant websites linking to your website is another significant factor when it comes to your search engine ranking.

  • The content is self-centered. Every sentence on Bob's home page begins with one of the following words: We, Our or __________ Insurance Agency. How is a prospect supposed to feel like his/her needs are being addressed?

  • The content doesn't have a call to action. Prospects always need direction on what action to take after reading your website -- or any other type of marketing piece.

  • The website does nothing to set Bob's company apart from his competition. For example, his tagline reads "Providing Professional Insurance Services." How is that different from any other insurance company?

  • The website doesn't have a lead-capture tool. Bob is trying to lure prospects to his home page with Google AdWords. But if anyone makes it to his website, there's no way to collect that prospect's contact information.

In Bob's case, any keywords used for search engine purposes should include geographic terms because he provides insurance services only in and around Phoenix.

The one place his programmer included keywords was in the website's meta keyword tags (which are now a minimal factor in search engine ranking). However, the terms are so broad (e.g., car insurance quotes, car insurance rates, automobile insurance, car insurance agency) that Bob is fighting for search engine space with industry giants. And there's no way he can win that battle with a brand new website.

If you have a website, learn from Bob's costly mistakes and make the changes necessary to attract prospects and generate leads.

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© Trey Ryder

FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to [email protected]. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.

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  • Historia Verdadera

Hidroeléctrica

La italiana Enel informó que su filial EGP - Enel Green Power comenzó la construcción de una usina hidroeléctrica en Costa Rica con una capacidad de 50 MW.

Cemex

La mexicana Cemex fue nombrada proveedor principal para la construcción de la primera etapa de la planta hidroeléctrica Reventazón en Costa Rica, con una inversión de US$ 1.200 mlls.

Acuerdo

La latinoamericana GeoPark Holdings firmó un acuerdo preliminar para vender una participación de 10% en GeoPark Chile a la surcoreana LG International Corporation por US$ 70 mlls. La transacción estaría terminada en el segundo trimestre de este año.

(Presione aquí)

  • Brief News

Sokol seen as showing poor judgment without violating insider-trading laws

Berkshire Hathaway Inc. former manager David Sokol exercised poor judgment yet may not have broken insider-trading laws by buying stock in a company he later proposed as a takeover target to Chairman Warren Buffett, legal experts said. Sokol bought 96,060 shares of Lubrizol Corp. in early January before recommending that Omaha, Nebraska-based Berkshire Hathaway acquire the company. Sokol bought the shares before discussing Lubrizol with Buffett and had "no voice in Berkshire's decision once he suggested the idea," said Buffett. Berkshire announced March 14 that it was acquiring Lubrizol, an engine lubricant- maker, for $9bn. Sokol may have made a profit of about $3m. "I don't think this is insider trading," said John Coffee, a Columbia University law professor. "This is misconduct because he knowingly placed himself in a conflict-of- interest position. Once he made a multimillion-dollar investment in Lubrizol, he could no longer serve as an objective agent for Berkshire Hathaway because his own interests were that Berkshire Hathaway make an acquisition." The U.S. Securities and Exchange Commission is probing whether Sokol bought Lubrizol shares on inside information. Shares of Middleburg Financial — a small bank in which David Sokol is a large shareholder — were up sharply on Thursday following his resignation from Berkshire Hathaway.

Sarkozy calls for nuclear rules

The French president said he wanted to see international standards on nuclear energy established by the end of the year, and that France would ask G20 nuclear delegates to lay the groundwork for a special meeting of the IAEA - International Atomic Energy Agency in June. "The problem is more about establishing safety norms than it is about the choice of nuclear energy, for this there is no alternative right now," Sarkozy said.

Microsoft takes Google complaint to EU

Microsoft is to take an anti-competition complaint against Google to the European Commission. The software maker claims that Google used its dominant position in the search market to restrict the growth of Microsoft services. It cites a number of practices, including Google limiting the ability of Microsoft Bing to index web content. Google said it was not surprised by the move and would happily explain itself. Penalties for companies found to have engaged in anti-competitive practices in Europe can be severe. The EC has the power to impose fines up to 10% of global earnings. Once the Commission has formulated its claims then it is likely that Google will enter into a dialogue with them to address those concerns so it does not have to reach a judgment.

Argentine torture general jailed

Former Argentine Gen Eduardo Cabanillas and three intelligence agents are jailed for running a notorious detention center during military rule.

Irish banks need extra 24bn euros to survive

The Republic of Ireland's banks need an extra 24bn euros (£21.2bn) to survive the financial crisis. The figure follows a stress test on the Irish banking system by a group of independent experts and the country's central bank. Money set aside from the 85bn euro EU-IMF bail-out agreed in November will be used to fund the latest recapitalization.

Mexico: attorney general resigns

Mexico's attorney general, Arturo Chavez, has resigned, president Felipe Calderon has confirmed. Chavez had been leading efforts to tackle Mexico's violent drugs cartels and reform the justice system for 18 months. He said he was leaving for urgent personal reasons. Chavez is to be replaced by investigative prosecutor Marisela Morales, who will be Mexico's first female attorney general.

Brazil joins Bolivia anti-drug fight

Brazil has signed an agreement with Bolivia to tackle cocaine production and trafficking in the country. The deal aims to replace the void when Bolivia expelled the US Drug Enforcement Administration in 2008 for alleged political interference.

Boeing subsidies illegal

US aircraft manufacturer Boeing received at least $5.3bn (£3.3bn) in unfair aid from Washington, the WTO - World Trade Organization has concluded. The subsidies included money for research and development from the Nasa space agency, a panel of international trade judges has ruled. Last year the WTO said that Boeing's arch rival Airbus had received illegal aid from European governments. The two companies have been at war over state aid for almost six years.

Solicitor general nominee grilled on marriage act

The spark for the questions during Donald Verrilli's Senate confirmation hearing was president Obama's decision not to defend the Defense of Marriage Act in court. Republican senators noted that the tradition of the Justice Department is that the solicitor general defends laws enacted by Congress unless those laws impinge on presidential authority or no reasonable argument can be made on behalf of the law.

Moody's shareholders can't sue as group over claims of false statements

Moody's Corp. investors can't sue as a class over claims the company made false statements to investors about its credit-rating practices, a judge ruled. U.S. District judge George B. Daniels in New York today said that the question of whether investors relied on allegedly false statements by Moody's involves too many individual issues to try all the claims in one case. "Plaintiffs are unable to satisfy their burden of proving that common questions of reliance predominate and class certification must be denied," Daniels wrote.

Syria president forms committee to consider ending emergency law

Syrian President Bashar al-Assad on Thursday ordered the formation of a committee that will evaluate possible elimination of the country's 48-year-old state of emergency law.

Legal marketing: Law firm pulls 9/11 ad portraying 'I was there' firefighter who wasn't there

An ad touting a law firm's Sept. 11 compensation expertise has been pulled after protests by a firefighter who was embarrassed by its assertion that he was one of the responders. Robert Keiley, who moonlights as a model, didn't become a fireman until 2004, but the ad suggests he was on the scene during the 2001 terrorist attacks. "I was there," the ad reads. "And now, Worby Groner Edelman & Napoli Bern is there for me." Keiley says he was holding a helmet when he posed for the photo, but it was replaced with a photo of the destroyed World Trade Center. He told the New York Post he thought he was posing for a fire prevention ad, but the law firm's ad agency, Barker/DZP, said the release he signed doesn't restrict use of the photo, including alterations. Barker/DZP issued an apology and announced the ad will not run again, according to CNN and an update by the New York Post. The agency said it was unaware that Keiley was an actual firefighter, and the law firm was not involved in the photo selection. Worby Groner senior partner Marc Bern told the New York Post that the law firm did nothing wrong. "It was all appropriate, due to the release signed by [Keiley]," he said. "We are trying to help the victims of 9/11."

Czech Constitutional Court overturns parts of data retention law

The Czech Republic's Constitutional Court on Thursday overturned parts of a controversial data retention law that obligated telecommunications companies to maintain records of their customers' internet and telephone usage. The court found that paragraphs 3 and 4 of § 97 of the Electronic Communications Act, which compelled telecommunications companies to keep records of their customers' calls, faxes, text messages, internet activity, and emails for up to 12 months, are unconstitutional. The Czech law stems from a European Union directive requiring member states to gather telecommunications data in an effort to combat terrorism and organized crime. The retained data at issue was not the actual content of the communications, but rather information showing when and with whom people were communicating.

Dutch court orders 'hate trial' to go ahead over accused politician's objections

A panel of judges for the Amsterdam District Court on Wednesday ordered that the trial of right-wing Dutch politician Geert Wilders, on charges of making anti-Islamic statements, go ahead over his objections that the court was the improper venue for his case. Last month, the court granted Wilders the right to set out the objections he had made during the initial trial, which was postponed following the dismissal of the original panel of judges amidst allegations of bias. However, this panel rejected Wilders' objections, ruling that the Amsterdam court has the authority to judge the case, given that the alleged statements, which constitute the offenses with which Wilders is charged, were committed within its jurisdiction. Wilders is alleged to have made inflammatory remarks against Islam.

Ohio legislature passes bill limiting state worker collective bargaining

The Ohio Senate on Thursday passed Senate Bill 5, which alters Ohio labor law and restricts the collective bargaining abilities of unions for public sector workers. The bill was approved in the Senate by a vote of 17 to 16, shortly after a House vote of 53 to 44. In February, the legislation was protested by 4,000 union members at the Ohio capitol building marking the largest union-backed protest in over a decade. A summary of the bill details that unions can only collectively bargain for wages and equipment for personal safety and that public employees cannot strike.

Wisconsin judge clarifies ruling blocking union bargaining law

A judge for Wisconsin's Dane County Circuit Court issued an order Tuesday prohibiting implementation of the state's new Budget Repair Bill. The order emphasizes that a temporary restraining order issued March 18 prohibits not only publication of the bill, but implementation of its provisions as well. Judge Maryann Sumi warned state officials that any attempt to implement the bill would expose them to sanctions.

Judge uses Shakespeare insult in rejecting lawyer's copyright claim for copied sentence

A federal judge is using a Shakespeare put-down in rejecting a lawyer's claim of copyright infringement for a copied sentence. U.S. District judge Dolly Gee said lawyer Kenneth M. Stern may have to pay attorney fees for pursuing "such folderol"—a claim of copyright in a forwarded sentence-long message, the Volokh Conspiracy reports. The sentence, posted on an email discussion group for consumer attorneys, asked whether anyone had ever had billing problems with a forensic accounting firm. The defendant, a lawyer, had forwarded the message to his sister, also a lawyer, who forwarded it to the forensic accountants, according to Stern's complaint. In a footnote, Gee made her point with Shakespeare, the Volokh Conspiracy reports in a separate post. "Plaintiff begins his argument rhetorically, querying whether the following sentence is copyrightable: 'To be, or not to be, that is the question'" the judge wrote. "Perhaps, a more appropriate play from which to draw quotations would be Much Ado About Nothing." In the February opinion, Gee said that some sentences may deserve copyright protection, but Stern's discussion group query isn't among them. Whether a short work deserves copyright protection depends on creativity, she said. "For instance, the opening stanza/sentence of the poem Jabberwocky contains, coincidentally, the same number of words—23—as plaintiff's Listserv post: 'Twas brillig, and the slithy toves / Did gyre and gimble in the wabe; / All mimsy were the borogoves, / And the mome raths outgrabe.' The utter creativity of this 'greatest of all nonsense poems in English' prompted one court to suggest that even its first line would be entitled to copyright protection. Plaintiff's Listserv post, in contrast, displays no creativity whatsoever."

  • Daily Press Review

Senior Gaddafi aid in UK for secret talks: report
Al Arabiya, Online news, Dubai, United Arab Emirates

More 'defections from Gaddafi inner circle'
Al Jazeera, Doha, Qatar

Gaddafi regime racing against time, intensifies secret talks with West
Asharq Al-Awsat, Pan-Arab daily, London, England

About 1,000 believed killed in Libya violence-UK
Egyptian Gazette, English-language, Cairo, Egypt

More than 400 missing in Libya since start of anti-Gadhafi uprising
Haaretz, Liberal daily, Tel Aviv, Israel

BAHRAIN: Slashing Levies to help businesses cope with unrest
IPS Middle East, International cooperative of journalists, Rome, Italy

Medvedev sacks ten more police generals
Nahamet, Online news portal, Beirut, Lebanon

Western forces resume military operations amid reporters of protesters' advance into Sirte
Sana, Syrian Arab News Agency, Damascus, Syria

Forum reiterates Incosai declarations
Times of Oman, English-language daily, Muscat, Oman

AlJazeera news loses credibility in Yemen
Yemen Observer, Sana'a, Republic of Yemen

Gaddafi envoy has talks in London
BBC News, Centrist newscaster, London, England

Last action of outgoing Govt deprives pensioners of free passports
BreakingNews.ie, Online news portal, Cork, Ireland

Thousands of Japan evacuees can't return for months
CNN International, London, England

Four men jailed for junta torture
Daily Express, Conservative tabloid, London, England

Stockwell shooting: Teenager arrested after girl, 5, shot
Daily Mail, Conservative daily, London, England

IVORY COAST: Ouattara fighters seize state TV, attack Gbagbo's home
France 24, Issy-les-Moulineaux, France

Artist approaches craft through devalued money banknotes and coins
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Skydivers die after chutes collide
Independent The, London, England

Manufacturing sector continues to grow
Irish Times The, Centrist daily, Dublin, Ireland

Eclectic Gala held for Soviet leader
Moscow Times The, Independent daily, Moscow, Russia

Kazakh police reject reports opposition publisher was abducted
Radio Free Europe, Prague, Czech Republic

Now historic sites can be accessed with Google Street View
WNC News, London, England

US names veteran diplomat as new Sudan envoy
Antara News, News agency, Jakarta, Indonesia

Central bank raises interest rates by 12.5 basis points
China Post, English-language daily, Taipei, Taiwan

Nuclear safety standards must get tougher
Chosun Ilbo, Conservative daily, Seoul, South Korea

Davis case: Federal, Punjab govts given 10 days to recover heirs
Dawn, English-language daily, Karachi, Pakistan

CIA to investigate Libyan rebels
Hindustan Times, New Delhi, India

Sharad Pawar used Balwas plane, seeks probe into links: BJP
India Express, News portal, Mumbai, India

Russia sees BRICS as key element of new global economic model
People's Daily Online, English-language, Beijing, China

Ariz. law bans abortions based on race or gender
Sify News, Chennai, India

Struggling stewardess exposed euro coin fraud ring
Straits Times, Pro-government, Singapore

Libya: Gadhafi's rule relying on wavering tribal support
Taiwan News, English-language daily, Taipei, Taiwan

Taiwan's aging society raises questions on long-term care
Taiwan Today, Government Information Office, Taipei, Taiwan

Japan crisis drags, France wants global nuclear reform
Times of India, Conservative, New Delhi, India

Grenada gets funds for poverty reduction
Caribbean360, Online news portal, St. Michael, Barbados

Organizations act to impeach senator on alleged corruption
Dominican Today, Independent daily, Santo Domingo, Dominican Republic

Rebels cheer cracks in Gaddafi rule
Reuters, New York, U.S

Man, 24, in court for sex offences against 5-year-old
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad

Fierce battle in Ivory Coast city
BBC News, Centrist newscaster, London, England

Militiamen sent to testify in Warlords trials at ICC
CongoPlanet.com, Independent online news aggregator

Fukushima to be scrapped
iafrica, Online news portal, Cape Town, South Africa

OLF calls for Ethiopia's youth to unite and remove Meles regime
Jimma Times, Online news portal, Jimma, Ethiopia

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