July 13, 2007  nº 514  -  Vol. 5  
 

"The best way to avoid a bad action is by doing a good one, for there is no difficulty in the world like that of trying to do nothing."

John Clare (1793-1864)
 

  • Top News

Bush cites progress in Iraq; House OKs pullout

Bush's pleas for patience on Iraq are rebuffed by the House, which voted along party lines to approve a troop-withdrawal measure. The legislation calls for the Pentagon to begin withdrawing combat troops within four months. The vote came after a White House report found limited progress toward Iraqi government benchmarks.

The vote comes despite Bush's threat to veto any timetable. It is the third time this year the House has voted to end US military involvement in Iraq. Two previous efforts either failed in the Senate or were vetoed by President Bush. The latest attempt would allow some US forces to stay in Iraq to train the Iraqi army and carry out counter-terrorism operations.

Bush denies al-Qaeda has renewed

Bush has denied that al-Qaeda is as strong as it was at the time of the 9/11 attacks. He played down media coverage of a US intelligence report called Al-Qaeda Better Positioned to Strike the West. Intelligence analysts told that al-Qaeda had created a safe haven in remote parts of Pakistan. But Bush said it was "simply not the case" that al-Qaeda had successfully rebuilt itself despite a massive six-year campaign to dismantle it.

Mexico genocide trial suspended

A federal court in Mexico has suspended the trial on genocide charges of the former president, Luis Echeverria. He is alleged to have had a role in the killing of dozens of students during a demonstration in Mexico City in 1968. Echeverria's lawyer said the ruling indicated there was no evidence to link the former president to the deaths. Echeverria, who was interior minister at the time, has repeatedly denied any role in the deaths. The prosecution has 10 days to appeal. Human rights groups say as many as 300 student activists were killed when troops opened fire on them in Mexico City's Tlatelolco Plaza on 2 October, just days before the city hosted the Olympic Games. Official reports put the death toll at 25.

EU 'broke law' over merger 

In the first case of its kind, the European Commission has been told to compensate a company after being found to have illegally blocked a takeover. The European Court of First Instance ruled that Brussels had broken EU law by prohibiting French firm Schneider Electric's 2001 acquisition of Legrand.

Brussels is to study the ruling but said it was liable for only a fraction of the total costs sought by Schneider. Schneider demanded 1.7bn euros in compensation after the Court, in 2002, annulled the commission's original decision to block the 6.7bn euros Legrand deal. The amount now due will be decided by a financial expert, taking into account losses incurred by Schneider after it was forced to sell Legrand to private equity firm Kohlberg Kravis Roberts for what it said was a knock-down price. The commission originally rejected the takeover on competition grounds but the court concluded that in reaching its decision, Brussels had committed a "sufficiently serious breach" of law to warrant financial redress. It ruled that Brussels had failed to give Schneider the right to argue its case in response to some of its objections to the deal. The failure to do this, the court argued, constituted a "grave and manifest disregard of the limits of their powers" in the matter. "The court concludes that that illegality, of which neither the existence nor character are disputed by the commission, entails an obligation to make compensation for the harmful consequences," the ruling stated. The ruling may affect other similar cases, such as one brought by MyTravel.

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  • Crumbs!

1 - Canada and Brazil discuss production of biofuel in Haiti. (Read more)

2 - Fake firm gets nuclear license in U.S. govt sting. (Read more)

3 - White House, Democrats clash over prosecutor probe. (Read more)

4 - All ready for Pan American Games. Now Brazil wants to host the Olympics. (Read more)

5 - Florida's Governor to limit emissions. (Read more)

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  • Law Firm Marketing

Fear of embarrassment a powerful motivator; can work for you -- or against you!

by Trey Ryder

How fear of embarrassment can work against you

Most of us go to great lengths to avoid embarrassment.

Certainly, you don’t want to be embarrassed in front of your clients, colleagues or family.  Employees don’t want to be embarrassed in front of their co-workers or bosses.  Partners don’t want to be embarrassed in front of their subordinates.

You can help overcome your prospects’ fear of embarrassment and make them comfortable by addressing these common reasons for embarrassment.

1.  Prospects don’t know how to pronounce your name.  If your prospect doesn’t know how to say your name, he might avoid calling you or approaching you at a seminar for fear that he might mispronounce it.  If you know that some people occasionally mispronounce your name, you can help prospects avoid embarrassment by including a few words in your biography that explain how your name sounds.  Three of my former clients come to mind.  Bob Giauque (pronounced juke).  Bob Korljan (pronounced kor-ee-on).  Joe Volin (pronounced as in ‘volun’-teer).  A little help like this makes prospects much more comfortable.

2.  Prospects can’t afford your fee.  If your prospect doesn’t know what you would charge to handle a legal matter, he might be afraid to call you.  You can help overcome his fear by (1) making fee information easily available so prospects aren’t later surprised and possibly embarrassed when they learn your charges, and (2) making clear to prospects that you will work with them and welcome installment payments, if you are so inclined.

3.  Prospects don’t understand your explanation.  No matter how simply you think you explain something, occasionally you’ll discover that you are talking over your prospects’ heads.  Some people hesitate to say they don’t understand because they don’t want to look stupid.  Stay alert for signs that the other person doesn’t understand what you’re saying.  And even if your prospect doesn’t admit that he doesn’t understand, if you see a troubled or confused look on his face, restate your point again using different and simpler words.

4.  Prospects don’t know whether your initial consultation is free.  Prospects might be willing to meet with you for an initial discussion, but they may not want to be obligated to pay for anything until they decide whether to hire your services.  Yet if they aren’t clear whether your first meeting is free, they might call one of your competitors who offers a free consultation rather than risk being embarrassed or perceived as cheap when they call your office.

You might think everyone knows your initial consultations are free.  But what matters isn’t what you know or what everyone else knows.  All that matters is what this prospect knows, and he might not be sure.  Make sure your marketing materials clearly spell out the cost, if any, of an initial meeting.  And if the first meeting is free, make this absolutely clear:  ‘You’re welcome to meet with me for free, without cost or obligation of any kind.’

5.  Prospects don’t know whether you’ll accept their case.  In most instances, your prospect’s case must meet certain criteria before you will accept it.  Can you imagine how a person feels -- after facing a legal problem and then deciding to call a lawyer -- when he hears the lawyer say, “Sorry, your case doesn’t measure up”?  The lawyer probably won’t use those exact words, but the meaning clearly comes through.

And so on.

You talk with prospects all the time.  You know how clearly you explain their problems and the solutions you can provide.  But realize that while all this information is second nature to you -- (you could probably explain these things in your sleep!) -- the information is new to your prospect.

Also, if your prospect has a legal problem, the stress he feels from that problem -- plus the other things on his mind -- mean that he is probably not absorbing information as quickly or precisely as he usually does.  So cut your prospect some slack.  Realize that only part of what you’re saying is actually sinking in.  Go the extra mile to make sure your prospect understands what you want him to know.

If you don’t, you could lose a client without ever knowing why.  And the reason may be because he was not clear about something but was too embarrassed to tell you.

Next week: how fear of embarrassment can work for you?

© 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

Petróleo

En Ecuador se extiende el conflicto entre cumunarios y la empresa China, PetroOriental, que recientemente ingreso al negocio del petróleo. El diálogo entre ambos sectores fue roto luego de una intervención policial que terminó con la captura de un campesino.

Extradición

El juez chileno Orlando Alvarez defendió el jueves su fallo que rechazó la extradición del ex presidente peruano Alberto Fujimori y negó haber recibido presiones políticas

OMC

La Organización Mundial de Comercio investigará una vez más las normas europeas sobre la importación de bananas debido a las denuncias de que perjudican a los países latinoamericanos. La medida responde a una vieja disputa presentada por Estados Unidos, que asegura que la UE favorece a los productores del África y el Caribe, sus antiguas colonias, frente a los exportadores de Estados Unidos y de la América Latina en violación de las normas comerciales globales.

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  • Brief News

Spain seizes ship in treasure row

The Spanish Civil Guard has intercepted a boat operated by a US company amid a row over treasure from a shipwreck.

The guard had been ordered by a Spanish judge to seize the vessel as soon as it left the British colony of Gibraltar. Gibraltar officials and Odyssey Marine Exploration, which owns the ship, said Spain had boarded the ship illegally as it was in international waters. In May, Odyssey said it had found $500m in coins from a 17th Century wreck somewhere in the Atlantic Ocean. Madrid suspects the sunken galleon may either have been Spanish or have gone down in Spanish waters. The salvaged booty, which included half a million silver coins and hundreds of gold objects, has already been flown back to the US.

Walgreens to settle race lawsuit

America's largest pharmacy chain, Walgreens, has agreed to pay $20m to settle a federal lawsuit alleging discrimination against black workers. The Equal Employment Opportunities Commission (EEOC) - a watchdog agency - says Walgreen sent black staff to low-performing stores in black areas. African-American employees, including pharmacists and managers, were also denied promotions, the EEOC claims. The settlement deal must still be approved by a federal judge. "We commend Walgreens for working cooperatively with us to reach an amicable settlement of this case without protracted litigation," EEOC said.

Surgeon General Nominee Vows to Uphold Science

Dr. James Holsinger faced tough questioning at his Senate confirmation hearing about his views on homosexuality and how he would react if he were pressured to put politics ahead of science in his role as the nation's doctor.

Plea to Air France over deportees

French trade unions have urged Air France to stop using its planes to deport illegal immigrants. The appeal was made to the airline's shareholders at their annual general meeting in Paris. The unions say some of their members have been traumatized by witnessing the handling of failed asylum seekers forcibly sent home on Air France jets. The immigration minister said 6,000 people were deported in January-May, 2,200 of them under police escort. Sometimes deportees are handcuffed by police and forcibly restrained. The union's call to end the deportation flights comes as Sarkozy plans to crack down hard on illegal immigration. He wants to expel more than 25,000 failed asylum seekers from France this year.

GE to sell its sub-prime business

General Electric has decided to sell the WMC Mortgage sub-prime lending business that it bought in 2004. "The mortgage industry has greatly changed since the purchase of WMC," WMC's CEO said. Full details are expected with the release of GE's second-quarter results later on Friday. Sub-prime lenders focus on less creditworthy borrowers, and the sector has seen a jump in defaults this year. About 50 sub-prime lenders have been forced to close by the problems, which have also weighed on US share prices. California-based WMC recently sold about two thirds of its sub-prime loans, worth about $3bn (£1.5bn), and laid off more than 1,200 staff, leaving it with a headcount of about 700.

Lacihte? Whole Foods CEO spams under anagram

The head of organic food giant Whole Foods has been caught trashing a competitor on the Internet. Using the pseudonym of Rahodeb — his wife's name spelled backwards — Whole Foods CEO John Mackey said a competitor's stock price was too high and that it had no future. Now he's trying to buy the company.

Peru challenges Fujimori ruling

Peru has formally appealed against a Chilean judge's decision to block the extradition of former Peruvian President Alberto Fujimori. Peruvian officials said the decision ran counter to a report by Chile's attorney-general backing extradition. Fujimori has been accused of human rights abuses and corruption by Peru's prosecutors. He denies all the charges.

Still under house arrest in Chile, Fujimori has started campaigning for senate elections in Japan.

Sarkozy's wife visits HIV medics

The wife of French President Sarkozy has met five Bulgarian nurses sentenced to death in Libya for infecting children with the HIV virus. In a surprise visit, Cecilia Sarkozy also visited families of the infected children. The French president said his wife would also meet the Libyan President, Colonel Muammar Gaddafi.

On Wednesday, Libya's Supreme Court upheld death sentences imposed on the medics in 2004 by a lower court. But a mediating body is now said to have agreed a financial settlement with the children's families. The High Judiciary Council, which can overrule the Supreme Court, is to meet on Monday to confirm, annul or amend the death penalty verdicts. In an international outcry, the medics insist they are innocent of deliberately giving tainted blood to the children at a hospital in Benghazi, Libya's second city, in 1998. Foreign health experts have said poor hygiene was the probable cause of the epidemic.

Royalty fee 'to damage net radio'

Hundreds of US net radio stations face potential closure from Monday when they will be expected to comply with a new royalties ruling for playing music. Smaller stations face a payment increase of 1,200% while larger station could owe up to 300% more, lobby group SaveNetRadio has said. On Wednesday, an appeal court declined to grant a petition by stations to delay the introduction of the new fees. SaveNetRadio say the fees could cost webcasters $1bn. Earlier this year the US Copyright Royalty Board ruled that royalties should rise from .08 cents per track to .19 cents by 2010 for net radio stations. The new fees, will charge a flat fee per-song, per-user in addition to a $500 fee for every channel owned by a station. Fees will increase every year until 2010. Previously, stations paid an annual fee, plus 12% of their profits. The fees will be collected retrospectively for 2006 and webcasters will be allowed to calculate retrospective payments by averaging listening hours. On Wednesday, the US District Court of Appeals for the District of Columbia said the opponents of the new charges had not "satisfied the stringent standards required for a stay pending court review".

Libby judge 'perplexed' by clemency

In an unusual expression of frustration, the judge who sentenced former White House aide I. Lewis "Scooter" Libby to 30 months in jail, only to see the sentence commuted by President Bush, said he was "perplexed" by the act of clemency. In his view the sentence was appropriate for the former Cheney aide

Brazil files WTO complaint against US over agriculture

The Brazilian government has filed a complaint against the US at the World Trade Organisation (WTO) over the subsidies that Washington granted its agricultural producers from 1999 to 2005. Annual subsidies over that period were above the $19 billion, which the US is allowed to hand out according to WTO rules.  Subsidies in 2006 decreased to some $11 billion. Roberto Azevedo, in charge of economics and technology at the Brazilian Foreign Ministry, said the reduction was due to an increase in the price of agricultural products last year.  He admitted that Brazil's decision to file the complaint was made "partly" due to the current impasse at the Doha Round of talks at the WTO.  In the stalled negotiations, agricultural countries led by Brazil and India demand that the US reduce its agricultural subsidies and that the European Union (EU) reduce import tariffs for agricultural products. 

UBS Latin America Chief Esteves Settles Brazil Probe

UBS AG's Latin American chief, Andre Esteves, will pay an unspecified amount to settle a regulator's claim that two Brazilian firms he oversaw before they were acquired by the Swiss bank improperly used currency and interest- rate trades to cut taxes.  The transactions were designed to reduce UBS Pactual's tax burden, the regulator said. UBS paid $2.6 billion for Pactual in 2006. The securities commission, known as CVM, is stepping up efforts to combat the trading violations and leaks of market- moving information that investors say pervade Brazil's markets. The Rio de Janeiro-based regulator is pursuing more than a dozen probes of similar abuses.

In Satellite vs. Cable, The Battle Over HD Is Baffling Consumers

As Americans upgrade to high-definition television, they're being barraged by celebrity pitches for competing TV services -- and dueling statistics. Most viewers will never compare cable with satellite in their own homes. But they're asked to make the comparison in their heads, with the help of some loaded claims. Jon Gieselman, DirecTV's senior vice president of advertising and PR, said he'd like to clarify things, but some of the company's ads are tied up in court with its cable rivals. The two sides in the TV tussle are swapping lawsuits as well as competing ads. "Because of the pending litigation, DirecTV is not at liberty to discuss these issues in detail, other than to say that we stand by our own advertising," Gieselman said. DirecTV has sued Comcast in U.S. District Court, Chicago, over its ads based on the survey, calling them "literally false." Comcast has said it stands by the ads, but declined to provide a copy of the full survey or further clarification, citing the litigation.

US House committee rejects bids to permit public access to gun sale data 

The US House Appropriations Committee  voted Thursday to defeat two independent bids by lawmakers that would have repealed part or all of the "Tiahrt Amendment" , which since 2003 has restricted the public release of information provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives  regarding gun sales. Rep. Patrick Kennedy (D-RI)  Tuesday introduced a bid  that would have eased restrictions on data sharing while still protecting the names of police officers investigating relevant gun crimes. Rep. Jim Moran (D-VA) had introduced a bid that rejected the Tiahrt Amendment text in its full. Those in favor of the defeated bids said that the restrictions prevent state and local law enforcement officers from obtaining critical data that could help control gun-related crimes. Proponents of the Tiahrt Amendment argue that it protects the privacy of gun owners.

Dollar falls again

The dollar fell against the euro and dropped against 12 of the 16 major currencies in Thursday because of speculations that the losses on debt backed by the US subprime mortgages will further into the economy, fostering speculation the Federal Reserve will lower interest rates later this year.

Dow Jones hits yet another record

The Dow Jones share index closes at yet another record high, lifted by strong retail sales and takeover talk.

Oil prices touch $77 per barrel

Global oil prices have briefly touched above $77 a barrel, an 11-month high, lifted by supply concerns in the US and large buys by speculators. Analysts said large oil purchases were being made by hedge and pension funds after US data showed low stockpiles.

  • Daily Press Review

UN troops 'smuggled in DR Congo'
BBC News, Centrist newscaster, London, England

Expelled Congolese waiting for aid
CongoPlanet.com, Independent online news aggregator

Anglogold Ashanti Workers Beat Up Journalist
GhanaWeb, Online news portal, Amsterdam, Netherlands

Uganda: Adequate Penalties Needed Along With Trials
Human Rights Watch (Africa), International news press releases

Rape suspect nabbed with Crimeline
iafrica, Online news portal, Cape Town, South Africa

Murder testimony shocks court
Independent Online, News portal, Cape Town, South Africa

SACP wants to nationalise Sasol
Mail & Guardian Online, Liberal, Johannesburg, South Africa

Unhappy Durban muggers kill victim
News24.com, Online news portal, Cape Town, South Africa

Strong Argentina to face shaky Brazil in Copa America final
Brazil Sun, Independent online news aggregator

Original charges dropped against Piarco fraudsters - 4 added
Caribbean News Portal, Online news aggregator

Chile: Flawed Decision Not to Extradite Fujimori
Human Rights Watch (Americas), International news press releases

PERU:  Escalating Conflicts Put Pres. García on the Spot
IPS Latin America, International cooperative of journalists, Rome, Italy

Nurses sick of supply shortage
Jamaica Gleaner, Independent daily, Kingston, Jamaica

Peru: Photo of the day - 'Peru will continue to progress'
Living in Peru, News portal, Lima, Peru

Extension to Indian doctor's detention dropped
The Globe and Mail, Centrist daily, Toronto, Canada

Impaired charges follow mother's death
Toronto Star, Liberal daily, Toronto, Canada

Rescue workers evacuate eight more boat accident victims in Maluku
Antara News, News agency, Jakarta, Indonesia

Bush's Iraq Report Generates More Controversy
Chosun Ilbo, Conservative daily, Seoul, South Korea

I am an innocent pawn, says Haneef
India Express, News portal, Mumbai, India

How Delhi can deal with Bluelines
India Times, Conservative daily, New Delhi, India

Lights in the Dusk
Japan Times, Independent centrist, Tokyo, Japan

The Customs Verification Initiative helps curb smuggling
Malaysian Star, Online news portal,  Selangor Darul Ehsan, Malaysia

Food scares prompt China's army to step up checks
New Zealand Herald, Conservative daily, Auckland, New Zealand

Regional law societies can challenge EAC Treaty amendments: EACJ
People's Daily Online, English-language, Beijing, China

AFP pulls Haneef extension bid
Sydney Morning Herald, Centrist daily, Sydney, Australia

Abducted FCI official killed
The Hindu, Left-leaning daily, Chennai, India

US House votes for troop pullout
BBC News, Centrist newscaster, London, England

Dow Jones on the up
BreakingNews.ie, Online news portal, Cork, Ireland

BBC's grovelling apology to Queen over 'tantrum' film
Daily Mail, Conservative daily, London, England

Vodafone launches Windows Live Messenger for mobiles
DMeurope, Online news portal, Amsterdam, Netherlands

Liverpool care firm collapse hits 500 patients
icLiverpool, Online news portal, Liverpool, England

EU seeks aid from Sarkozy on Kosovo
International Herald Tribune, Independent daily, Paris, France

Yobs make life hell in resort town
Isle of Wight County Press, Independent daily, Isle of Wight, England

The great road debate
Manchester Online, Independent daily, Manchester, England

Teacher jailed for child sex abuse
News & Star, Independent daily, Carlisle, England

Man is head-butted by estranged wife in row
North-West Evening Mail, Independent daily, Cumbria, England

Making up for a disastrous lunch
Radio Prague, Online news portal, Prague, Czech Republic

Three Found Dead In Manchester House
Sky News, Independent newscaster, Middlesex, England

Bulls Get Revenge:  Bloody Day in Pamplona
Spiegel International, Liberal newsmagazine, Hamburg, Germany

Brown message to US: it's time to build, not destroy
The Guardian, Liberal daily, London, England

Five security guards killed in Baghdad
The Irish Times, Centrist daily, Dublin, Ireland

Nigerian kidnappers make demand for 3-year-old
The Scotsman, Moderate daily, Edinburgh, Scotland

Triple murder inquiry launched
The Sun, Conservative tabloid, London, England

Murder hunt as three bodies found in house
The Telegraph, Conservative daily, London, England

Oil hits tourist beaches
Times Online, Conservative daily, London, England

France Hosting Weekend Meeting of Lebanon Groups
Arutz Sheva, Online, right-wing, Tel Aviv, Israel

Al-Qaeda has Rebuilt, U.S. Intel Warns
Asharq Al-Awsat, Pan-Arab daily, London, England

'No evidence' against Indian doctor
Gulf News, Independent daily, Dubai, United Arab Emirates

Olmert: Assad wants talks, but only with Bush
Haaretz, Liberal daily, Tel Aviv, Israel

TURKEY:  Traffic Lights to Arbil Back on Red
IPS Middle East, International cooperative of journalists, Rome, Italy

Qatar gold reserves more than quadruple in Jan-Apr
Middle East North African Network, Online financial portal, Amman, Jordan

Powerful Typhoon Lashes Southern Japan
Nahamet, Online news portal, Beirut, Lebanon

Hamas inflicts Israeli combat death
The Daily Star, Independent daily, Beirut, Lebanon

First weapon count in the army (Front)
Yemen Times, Independent weekly, Sana'a, Yemen

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The messages that appear in this newsletter are for informational purposes only. They are not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.

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