December 11, 2009 Nº 851 - Vol. 7
"What weighs nothing and yet is powerful enough to start a war? A belief."
In today’s Law Firm Marketing, "You" orientation critical in persuasive writing
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Obama cites "hard truth" of war's necessity in accepting Nobel Peace Prize
Obama accepted the Nobel Peace Prize by confronting "the hard truth" that armed conflict is sometimes both necessary and just. Thursday's ceremony in the Norwegian capital came days after Obama announced he was sending 30,000 extra US soldiers to the war in Afghanistan. He said the US must uphold moral standards when waging wars that are necessary and justified, as he accepted his Nobel Peace Prize. In his speech in Oslo, he defended the US role in Afghanistan, arguing the use of force could bring lasting peace. He is careful to say that America respects the cultures and traditions of others - again, trying to project the US as a defender not an aggressor. But he also wants to stand up for "universal values". It is a difficult balancing act. His statement that "America has never fought a war against a democracy" might raise the issue as to whether it has fought on the side of non-democracies. Obama's elevation to the rank of fellow laureates such as Nelson Mandela, Mother Teresa and Martin Luther King, before he has even spent a year in office, has sparked fierce debate. Critics also said it was inappropriate for the to go to the commander-in-chief of a country involved in conflicts in Iraq and Afghanistan. Acknowledging the controversy, Obama said he accepted the award with humility, adding: "Compared to some of the giants of history who have received this prize... my accomplishments are slight." He could not argue with those who said many previous laureates were "far more deserving" of the honor than him. He also said his accomplishments were slight compared with other laureates. Obama was given the prize in October for his "extraordinary efforts to strengthen international diplomacy and co-operation between peoples".
Senate Committee passes shield law
A bill to protect reporters' confidential sources in federal court cleared the Senate Judiciary Committee on a 14-to-5 vote, ending months of stalemate. If the full Senate approves the legislation, it will have to be reconciled with a different version approved earlier by the House. The bill does not give journalists absolute authority to protect sources, providing for exceptions in national security cases. The legislation, which has broad support from journalism organizations, is a compromise worked out by senators, the intelligence community and the Obama administration.
Goldman Sachs execs won't get cash bonuses
Goldman Sachs Group Inc.'s plan to pay top executives in restricted stock will let the firm defer compensation expenses, reducing what it must report this year after being pilloried for setting aside more than $16 billion for employees. The awards will consist of so-called shares-at-risk that start vesting next year and can't be sold for five years, the New York-based firm said yesterday. Because the expense isn't recorded until they vest, the firm avoids incurring an immediate cost. Goldman Sachs, which has repaid with interest the $10 billion it received from the Treasury Department last year, was derided for allocating a near-record $16.7 billion to pay employees in the first nine months of 2009 after benefiting from government support.
International Arbitration Express
Supreme Court hears arguments on arbitration act
The US Supreme Court heard oral arguments Wednesday in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. on whether imposing class arbitration on parties is consistent with the Federal Arbitration Act (FAA) when that issue is silent in the parties' arbitration clauses. The US Court of Appeals for the Second Circuit ruled that construing the arbitration clause to permit class arbitration "did not manifestly disregard the law" because the parties specifically agreed that the arbitration panel would decide on the scope of the clause and, therefore, the panel did not exceed its authority. Counsel for the petitioners argued: “Unlike courts, arbitrators derive their authority solely from the consent of the parties to a particular agreement. That agreement determines not only what the parties have agreed to arbitrate, but just as fundamentally, with whom they have agreed to do so. And when the agreement reveals no intent, no meeting of the minds to add participants, but the arbitrators nonetheless extend their reach to hundreds of parties of other contracts, they violate the basic principle reflected in the FAA that their authority is created and circumscribed by an agreement.” Counsel for the respondent argued: “What the arbitrators did here was interpret the contract as the parties asked them to. They did not impose their own policy judgment. And any judicial review is under very deferential FAA standards under Section 10, which is confined to correcting what amount to gross defects in the process.”
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1- Google sues over alleged work-at-home scams (Click here)
2- Obama administration announces $3.4 billion Indian Trust settlement (click here)
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China new loans top economists' forecasts, money supply rises by record
China's banks extended more loans in November than economists forecast.
China executes former securities trading executive for corruption
Chinese authorities on Tuesday executed a former general manager of a major Chinese securities trading corporation who was convicted of embezzling and misappropriating more than USD $14 million. Yang Yanming was convicted and sentenced to death in December 2005 in the Beijing No. 1 Intermediate People's Court. In April, the Higher People's Court of Beijing denied his appeal, and his sentence was approved by the Supreme People's Court. Yang headed securities trading at Galaxy Securities, formerly China Great Wall Trust and Investment Corporation between 1998 and 2003. Chinese authorities have reported that Yang refused to disclose the location of about $10 million of the funds. Yang's execution is the first time the Chinese government has executed a high executive in the finance sector.
"You" orientation critical in persuasive writing
by Trey Ryder
When you write a legal brief, you use specific language that will be understood by lawyers and judges. It's a style all its own. Marketing writing is a style all its own, as well.
While first person (I) and third person (he, she) might be appropriate for school assignments, in marketing it's important that you change the focus to "you," the person who is reading the message.
Which of these statements do you find more personal?
(1) When a lawyer writes a legal brief, the lawyer uses...
Or
(2) When you write a legal brief, you use...
By using "you," the reader becomes involved in the action. You are no longer the lawyer who is written about at arm's length. You are right there -- part of the story.
Marketing writing is designed to attract you (the reader) in a friendly, personal and involving way. You have a problem. You want a solution. Hire my services and I will help you solve your problem or achieve your goal.
And whether your writing is intended to be friendly -- or compelling, in the case of a demand letter -- "you" puts the other person at the scene, up close and personal, and subject to the consequences of his action.
"His" problems or "her" benefits may not be too important, but when they are "your" problems and "your" benefits, you pay more attention. Use second person "you" and you'll make your writing more involving, more persuasive, more alive.
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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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Crédito
El Banco Nacional de Desarrollo Económico y Social (BNDES) de Brasil otorgó un crédito de más de US$ 640 mlls a Aerolíneas Argentinas y Austral para financiar 85% del valor de compra de 20 aeronaves Embraer 190, de fabricación brasileña, que se destinarán a la renovación de la flota de Austral.
Canal
La Autoridad del Canal de Panamá (ACP) informó que la apertura de sobres de la licitación para la cuarta fase de excavación seca del cauce de acceso del Pacífico del proyecto de ampliación del Canal fue postergada para el 22 de diciembre. Según la ACP, la posposición del evento, que se había fijado para hoy a la 1:00 p.m., obedece a “una enmienda al pliego de la licitación”.
Elecciones
Un multimillonario de la derecha opositora es uno de los favoritos entre los electores chilenos que este domingo acudirán a las urnas para las elecciones presidenciales. La prensa internacional dice que el reñido balotaje en enero podría poner fin a dos décadas en el poder del bloque de centroizquierda que derrotó al dictador Augusto Pinochet.
LA- Copenhague
México buscará alinearse con China, Brasil, Sudáfrica, India y la Unión Europea para presionar a Estados Unidos a recortar más sus emisiones de gases de efecto invernadero, durante las negociaciones sobre combate al cambio climático en Copenhague la semana próxima.
CP
La empresa china Lenovo, el cuarto mayor fabricante de computadoras personales del mundo, está "abierta" a comprar a rivales en Brasil, donde quiere triplicar su presencia en el mercado antes del 2014, si obtiene un buen precio, dijeron el jueves ejecutivos de la compañía.
Mass asbestos negligence trial opens in Italy
The trial of two former executives of Eternit, a Swiss building firm, accused of negligence in some 2,200 asbestos-related deaths has opened in Italy. The prosecution alleges thousands died from contact with asbestos fibres processed in four of the firm's plants. Neither of the two accused - who have both denied wrongdoing - were present at the trial, in the city of Turin. Italian media are calling the case, in which almost 3,000 people are seeking damages, the "trial of the century". Interest in the case was so high that the trial took over three courtrooms in the northern industrial city and hundreds of relatives and journalists watched proceedings via videolink. Outside, demonstrators and relatives of victims who worked at other Eternit plants in Europe held placards calling for justice.
Russia prompts crisis of European human rights justice
At 50 years old, the European Court of Human Rights in Strasbourg is sometimes held up as a model for the rest of the world - the only supranational court devoted to protecting individual human rights against abuses of state power. But its future is now the subject of a highly sensitive debate that is also seen as a litmus test of Russia's long-term commitment to human rights and democracy. The court's 10,000 rulings have held member states to account for unlawful killings, stifling freedom of expression and a host of other abuses - to the acute discomfort of the countries involved. Judgments at the court take an average of six years or more. All 47 members of the Council of Europe have incorporated the European Convention on Human Rights in their national laws, accepting that the court's rulings are final and must be obeyed.
Zelaya vows to remain in Brazil's embassy `until the end'
Ousted Honduran President Manuel Zelaya vowed to stay at the Brazilian Embassy in Tegucigalpa "until the end" after the interim government refused to let him leave the country as long as he claims a right to power. Plans for Zelaya to leave for exile in Mexico are on hold; he said he would not leave the country as an asylum seeker.
Ex-Ropes & Gray lawyer pleads guilty in Galleon Group insider-trading case
Former Ropes & Gray LLP lawyer Brien Santarlas admitted that he conspired with a colleague to leak secret merger tips and pleaded guilty to charges for his role in the Galleon Group insider-trading scheme.
Bond seller Jon-Paul Rorech loses bid to drop SEC's credit-swap lawsuit
A Deutsche Bank AG salesman who was sued in U.S. regulators' first case targeting insider trading in credit-default swaps lost a bid to have the lawsuit thrown out.
Most Madoff victims have been denied repayment one year after his arrest
Most of the people who say they lost money with Bernard Madoff have had their claims denied because they invested with the con man indirectly or withdrew more money than they put in.
EU calls for tax on bank transactions
European Union leaders have urged the International Monetary Fund (IMF) to consider implementing a global tax on financial transactions. A so-called "Tobin Tax" has been pushed by France and the UK, but is less popular in the US. The leaders called on the IMF to look at a range of options to ensure that banks do not take excessive risks that could lead to another financial crisis.
Brazil lower house passes 2nd of 4 oil bills
Brazil's lower house of Congress has approved the second of four bills designed to overhaul the country's oil legislation and give the government greater control over vast new offshore reserves.
Oracle fights EU over Sun deal
The U.S. database giant is digging in against the EU's objections to its bid for Sun Microsystems. The U.S.-based company is mounting a broad attack on the EU's proposition that Sun's MySQL is an important competitive force in the database industry that market-leader Oracle shouldn't be allowed to own. Oracle contends that the EU's executive arm, the European Commission, misrepresented the opinions of database users and gave a "distorted view" of the market by "selectively" quoting from surveys as it put together its case. U.S. authorities have cleared the $7.4 billion bid, but the EU's concerns have delayed it.
Small-scale bribes targeted by OECD
The OECD is calling for a ban on so-called facilitation payments. Besides the U.S., only a handful of countries permit companies to make such payments.
Argentina authorizes swap of defaulted bonds in plan to tap credit markets
Argentine President Cristina Fernandez de Kirchner authorized the Economy Ministry to carry out a swap of $20 billion of defaulted debt, paving the way for the nation's first international bond sale since 2001. The bill changes the existing concessions system to a production-sharing model, requiring that state-run oil company Petrobras operate and hold a minimum 30 percent stake in all new projects in the offshore subsalt province. The bill also establishes how oil revenue will be divided between the federal, state and local governments.
Russia Supreme Court bans Jehovah's Witness congregation
The Russian Supreme Court upheld a lower court decision to shut down the Taganrog Jehovah's Witness congregation and ban the distribution of 34 Jehovah's Witness publications on Tuesday. Both the Jehovah's Witness congregation and the publications are "extremist," the Supreme Court said in its decision.
Europe rights court hears Ireland abortion law challenge
The European Court of Human Rights (EHCR) held a hearing Wednesday in a case brought by three women alleging that current Irish abortion laws violate their rights under the European Convention on Human Rights. The three women, who all traveled to the UK to have abortions, lodged the complaint in July 2005, alleging that the current Irish abortion laws make the procedure "unnecessarily expensive, complicated, and traumatic." The complaint invokes the Article 2 right to life, Article 3 prohibition of inhuman or degrading treatment, and Article 8 right to respect for private and family life of the Convention. The Irish Family Planning Association (IFPA) and the British Pregnancy Advisory Service (BPAS) are both supporting the women's suit. The IFPA commented that "women and girls' rights are disproportionately infringed upon by the inaccessibility and criminalisation of safe and legal abortion services in Ireland." A judgment is expected in six to eight months.
Who will save Conservative Judaism?
Haaretz, Liberal daily, Tel Aviv, Israel
RIGHTS: Dispute Over Veil Spreads Across Egypt
IPS Middle East, International cooperative of journalists, Rome, Italy
'PA police cornerstone of future state'
JPost, Conservative, Jerusalem, Israel
Anasy documentary awards adds child, youth rights
Khaleej Times, English-language daily, Dubai, United Arab Emirates
Dubai's property sales hike in October
Middle East North African Network, Online financial portal, Amman, Jordan
orth Korea Says it Understands Need for Nuclear Talks
Nahamet, Online news portal, Beirut, Lebanon
Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia
Obama accepts peace prize, defends ?just wars?
The Daily Star, Independent daily, Beirut, Lebanon
127 killed in Iraq blasts
Times of Oman, English-language daily, Muscat, Oman
Treasury 'had urged tougher cuts'
BBC News, Centrist newscaster, London, England
Beattie poised to feature
BreakingNews.ie, Online news portal, Cork, Ireland
Get ready for 'scariest ride in UK'
Daily Express, Conservative tabloid, London, England
Labour's class war explodes in its face: Expenses claims show Party's MPs milked the system to live like lords
Daily Mail, Conservative daily, London, England
Kigali city launches WiBro network
DMeurope, Online news portal, Amsterdam, Netherlands
Graham Sankey held over attack on Joe Anderson
icLiverpool, Online news portal, Liverpool, England
Man jailed for raping vulnerable girl
Manchester Online, Independent daily, Manchester, England
International theatre project reflecting on two decades of freedom culminates at Prague's Archa on Friday
Radio Prague, Online news portal, Prague, Czech Republic
McCanns In Portugal For Battle With Ex-Cop
Sky News, Independent newscaster, Middlesex, England
Obama and Nobel: The Wrong Prize at the Wrong Time
Spiegel International, Liberal newsmagazine, Hamburg, Germany
Brown blocked Darling's plan to increase VAT
The Guardian, Liberal daily, London, England
Dubai economy to grow up to 3% in 2010
The Irish Times, Centrist daily, Dublin, Ireland
Search begins for the wreckage of the Centaur hospital ship
Times Online, Conservative daily, London, England
President to reinstate Bibit, Chandra
Antara News, News agency, Jakarta, Indonesia
10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea
UN team probing Benazir's assassination in Islamabad
Dawn, English-language daily, Karachi, Pakistan
Prime Ministers of EurAsEC states to discuss anti-crisis measures
Gazeta.kz, Official online newspaper
Congress backtracking on Telangana resolution?
India Express, News portal, Mumbai, India
8 students hurt in Mumbai bus mishap
India Times, Conservative daily, New Delhi, India
Expanded stimulus package
Japan Times, Independent centrist, Tokyo, Japan
Latest heart transplant patient has begun eating
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
Aust principal sacked over abuse claims
New Zealand Herald, Conservative daily, Auckland, New Zealand
Japan's consumer confidence drops for 1st time in 11 months
People's Daily Online, English-language, Beijing, China
What is the ultimate adventure capitalist really like?
Sydney Morning Herald, Centrist daily, Sydney, Australia
100 MLAs from Andhra, Rayalaseema regions quit
The Hindu, Left-leaning daily, Chennai, India
GDI boosts power assets to retain growth
The Standard, Business daily, Hong Kong
Three held in M&M robbery attempt
Antigua Sun Online, Independent daily, St. John's, Antigua
Elephant Man vs Flippa Mafia at Sting 2009
Caribbean News Portal, Online news aggregator
Investor losses at St Vincent-based bank more than triple
Caribbean360, Online news portal, St. Michael, Barbados
Premier and OT leaders in London
Cayman Net News, Online news portal, George Town, Cayman Islands
Four men found shot dead may have been execution
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
No more beatings! Vaz commits to ending corporal punishment - Boy's hand broken in latest teacher-abuse allegation
Jamaica Gleaner, Independent daily, Kingston, Jamaica
Peru: Brazil's President 'Lula' da Silva arrived in Lima to start an official work visit
Living in Peru, News portal, Lima, Peru
Canadian ice climber dies in Montana avalanche
The Globe and Mail, Centrist daily, Toronto, Canada
MPs order release of Afghan detainee torture documents
Toronto Star, Liberal daily, Toronto, Canada
Granny reprimanded on 12-year-old charge
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
Somali bomber 'was from Denmark'
BBC News, Centrist newscaster, London, England
Congo army reports 1,200 FDLR rebels killed since February
CongoPlanet.com, Independent online news aggregator
UNDP employees want boss sacked
Daily Monitor, Independent daily, Kampala, Uganda
Lobby opposes dumpsite move
Daily Nation, Independent daily, Nairobi, Kenya
NALAG should fulfil development aspirations of the people- Mr Aidoo Mensah
GhanaWeb, Online news portal, Amsterdam, Netherlands
Gunmen hold 57 hostages
iafrica, Online news portal, Cape Town, South Africa
Woman confesses to axe murder of her children
Independent Online, News portal, Cape Town, South Africa
Climate of fear resurfacing in Ethiopia - RSF
Jimma Times, Online news portal, Jimma, Ethiopia
Mugabe seeks to reassure anxious loyalists
Mail & Guardian Online, Liberal, Johannesburg, South Africa
Progress in Zim - Zuma team
News24.com, Online news portal, Cape Town, South Africa
FAAC orders NNPC to remit withheld N450bn
Vanguard, Independent daily, Lagos, Nigeria
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