September 5, 2014 nº 1,539 - Vol. 12
"Time is what we want most, but what we use worst."
William Penn
In today's Law Firm Marketing, What May Be Missing From Your Marketing
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West signals more Russia sanctions
Western countries are preparing to tighten sanctions on Russia over its action in Ukraine. Targets would include Russia's banking, energy and defense industry, state-owned banks and associates of President Vladimir Putin. More of what the official dubbed "Putin cronies" would have travel bans imposed on them. The West accuses Russia of sending arms and troops to back the rebels in eastern Ukraine. Moscow denies this. Ukraine's President Poroshenko said that Stability and security brutally undermined by Russian aggression. Putin wanted to see "protracted, frozen conflicts in the neighborhood" to stop countries which used to be in its sphere of influence from building ties with the European Union and Nato. Peace talks including Ukraine, Russia and pro-Russia rebels are due to start in Belarus on Friday.
Some top prosecutors are heading for the exits
Some of the Justice Department's top guns in the fight against financial crimes are leaving. Tony West, the Justice Department's point man on its high-stakes talks with big banks over mortgage-backed securities, is set to step down Sept. 15, according to department officials. He served as the lead negotiator in talks over the sale of shoddy mortgage securities ahead of the financial crisis, negotiations that produced record settlements, including a $16.65 billion deal with Bank of America Corp. last month. In New York, Antonia M. Apps, the federal prosecutor who guided the government's long-running criminal investigation into hedge fund SAC Capital Advisors LP, had her last day in the Manhattan US attorney's office Tuesday and will join Milbank, Tweed, Hadley & McCloy LLP later this month. It is common for federal prosecutors and regulators to leave government service to join white-collar defense practices at top law firms, where they pull in much larger salaries than they did while working for the government. But big cases often pit these former officials against their ex-colleagues, which has sometimes stirred debate about the impact of the so-called revolving door between private practice and government service. Some critics say the trend has caused regulatory bodies such as the Securities and Exchange Commission to go easy on the industries they are charged with regulating.
'Justice will be served,' Obama warns the Islamic State
Speaking in Estonia today, President Obama issued a warning to the extremist group that took responsibility for beheading two American journalists: "We will not be intimidated," Obama said. "Those who make the mistake of harming Americans will learn that we will not forget, and that our reach is long, and that justice will be served." In his comments today, Obama also sought to clarify his much talked about statement that the US had not formulated a strategy for dealing with the Islamic State, which is also known as ISIS or ISIL. Obama said the US strategy is not to eliminate the group, but to mitigate the risk it poses.
Obamacare tax rule gets rehearing by full appeals court
The full US Court of Appeals in Washington will rehear a case on Obamacare tax subsidies, granting a government request in a move that may reduce chances of a new Supreme Court showdown over a central part of the law. A rehearing sets up the possibility that the full court will reverse the July ruling of a three-judge panel that blocked subsidies for consumers on federally run health exchanges, a key element to the 2010 health-care overhaul. Another US appeals court, in Richmond, Virginia, upheld the provision's application to federal exchanges. Eliminating the split would reduce the chances of the Supreme Court's taking the case. Divisions between appeals courts are among the factors the justices consider when deciding whether to hear a case. In a short order today, the Washington appeals court set aside the July ruling and scheduled new arguments for Dec. 17.
Bigger fines against Wall St. should not result in more lawyers
Ineffectual grumbling about legal costs has been a fixture of the corporate landscape for decades. But now those costs – legal fees, settlements and related investments in the hiring of additional lawyers – are gutting the profits of the world's largest companies, especially the big banks. This summer, Citigroup became one of the latest financial institution to connect impaired earnings with its legal problems. The Royal Bank of Scotland was in a similar predicament late last year, earmarking nearly $5 billion in litigation reserves and signaling future losses. Bank of America has just agreed to the largest single federal settlement in the history of corporate America. Before them, Barclays more than doubled its legal provisions, and JPMorgan Chase, Lloyds and HSBC all reported hefty increases in legal costs. In fact, according to Thomson Reuters, the big banks' legal costs have increased 44 percent this year compared with last year. Indeed, the big banks, and many other large companies outside of the financial sector, face ever-increasing costs as the volume of legal and compliance activity grows. You might expect to see unit costs fall with volume and scale, but the opposite has happened. Over the course of the last decade, the amount corporations spent on law firms and related legal investments grew 75 percent; nonlegal business costs, by contrast, have risen 20 percent over the same period. The banks recent compliance issues in no way reflect a lack of effort to address the problem. In fact, quite the opposite: JPMorgan has assigned $4 billion and 5,000 new hires in risk and compliance operations alone. But the "more money, more bodies" playbook that legal advisers typically espouse seems to have failed the banks on this issue.
Investment in Latin America falls 10% in first half
In a midyear survey, the Latin American Private Equity and Venture Capital Association said that investments totaled $2.6 billion, compared with $2.9 billion during the first half of 2013. Private equity and venture capital fund-raising is on track to eclipse 2013.
Commercial point
In this article, Alexandre Gaiofato de Souza, Cássia Lorenço Bartel and Juliana de Oliveira Rodrigues of Gaiofato e Tuma Advogados Associados list the requirements for the legal protection afforded to commercial point in the lease agreements. (Click here)
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China website editors 'held for extortion'
Top staff of a business news website have been arrested for extorting money from companies. Eight people from the 21st Century financial news website and public relations firms were being investigated. They had accepted money in exchange for positive news and had attacked those who did not co-operate. China has been conducting a crackdown on corruption in recent months.
Apple and Dell supplier in China 'neglects staff safety'
A Chinese factory that provides parts to Apple, Dell and other tech firms has been accused of violating safety conventions and workers' rights. A report by non-profit China Labor Watch and Green America alleged that laborers were exposed to toxic chemicals, given inadequate training, and made to pay for drinking water in their living quarters. The plant employs about 20,000 people. Apple said it had dispatched a team to China to investigate the report.
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Is this what's missing from your marketing?
By Tom Trush
Does the name Frederick Buechner ring a bell with you?
He is an American writer and theologian who has penned 36 published books. Described as "one of our most original storytellers" by USA Today, Buechner has also been a Pulitzer Prize finalist.
And although his work primarily involves fiction, autobiographies, essays and sermons, I can't help but think the 87-year-old would be an incredible copywriter for marketing materials.
What's crazy is I make this assessment based on mere 16 words he's credited with saying. Essentially, the words serve as a complete copywriting course in a single sentence ...
"They may forget what you said, but they will never forget how you made them feel."
You may want to read that quote again. The advice is critical to creating effective marketing materials.
You see, not enough marketing pieces incorporate feelings -- a silly oversight, especially when you realize emotions are the foundation for all buying decisions. Instead, most marketing touts items such as experience, customer service and capabilities.
Again, you miss opportunities when you limit your message to these "givens."
So what emotional triggers can you tie into your marketing message?
Is fear a possibility? What about anger, guilt or gratification? Or how about a desire to belong, a yearning for more time or a need to keep up with the Joneses?
Please take 30 seconds and a read the following advertisement -- then come back to this email: https://adsoftheworld.com/media/print/uptown_community_clinic_diamond?size=original
Okay, now how do you feel?
I suspect the anger or sadness you sense didn't exist a minute ago.
Of course, if the organization in the ad followed a "traditional" approach, you would know all their services, details about their decades of experience and their unwavering commitment to kids.
But then does this information make the ad memorable?
Absolutely not.
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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.
Acuerdo
México tiene un acuerdo preliminar con la empresa de ingeniería estadounidense Parsons para que administre un multimillonario plan para construir un nuevo aeropuerto en la capital. La nueva terminal, con valor de unos US$ 9,120 mlls, será edificada al lado del actualmente saturado Aeropuerto Internacional Benito Juárez en el oriente de la capital del país.
(Presione aquí)
Exportaciones
El Senado mexicano instó al gobierno del presidente Enrique Peña Nieto a implementar acciones para defender las exportaciones de azúcar, ante la imposición arancelaria dispuesta por Estados Unidos. Instó a varias dependencias gubernamentales proteger la producción nacional azucarera ante la cuota compensatoria de hasta 17 % dispuesta por Washington de manera unilateral.
(Presione aquí)
Papelera
El presidente de Uruguay, José Mujica, reiteró la importancia de que empresas de Finlandia, adonde viajará el próximo día 14, instalen en el país una tercera planta de celulosa. Mujica, quien permanecerá cuatro días en Finlandia, tiene previsto reunirse con las máximas autoridades del Gobierno y del Parlamento y con empresarios, incluidos los ejecutivos de dos firmas de celulosa ya instaladas en Uruguay.
Google settles complaint over app purchases by children
Google Inc. has agreed to settle a Federal Trade Commission complaint that it allowed children to rack up millions of dollars in charges in its mobile app store without their parents' knowledge or consent. As part of the settlement, Google will refund a minimum of $19 million to consumers whose children made purchases inside applications downloaded from the Google Play app store. Google will also modify its billing practices to ensure it obtains express consent before charging consumers for items sold in mobile apps.
France faces huge Mistral bill for halting Russia deal
The decision to suspend delivery of a Mistral naval assault ship to Russia risks costing France at least 1bn euros. French President Francois Hollande said Russia's actions in eastern Ukraine meant conditions were not right for delivery of the helicopter-carrier. He later said "a ceasefire and a political settlement" should be in place before the deal could go ahead. Russia was expecting two Mistral ships - the first one in October. A French diplomat earlier said the contract was suspended until November, and the delay "could cost us 1bn euros". The deal is worth 1.2bn euros - and Russia is reported to have paid most of it, so breach of contract would mean France having to reimburse that money. In addition,news website LCI reports.
BP acted with gross negligence in Gulf oil spill
A US judge has ruled BP was "grossly negligent" in the lead-up to the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. The ruling could potentially cost BP billions more in compensation payments. The New Orleans judge Carl Barbier also found BP subcontractors Transocean and Halliburton "negligent". The 2010 oil spill was the worst in US history, and BP has set aside $43bn to cover fines, legal settlements, and clean-up costs. BP said in a statement that it "strongly disagrees" with the ruling and that it would appeal to a higher court. "The law is clear that proving gross negligence is a very high bar that was not met in this case," said the firm. "The court's findings will ensure that the company is held fully accountable for its recklessness," US Attorney General Eric Holder said. "This decision will serve as a strong deterrent to anyone tempted to sacrifice safety and the environment in the pursuit of profit." The ruling marks a turning point in the legal morass surrounding the causes and impact of the disaster. Four years of debate and legal testimony have centered on who was at fault and how much blame each company should carry. The decision nevertheless may expose BP to unspecified punitive damages for claimants who weren't part of the $9.2 billion settlement it reached with most non-government plaintiffs in 2012. (Click here)
Nato alliance 'stands with Ukraine'
Leaders of the Nato military alliance, meeting in Wales, voice further strong backing for Ukraine and call on Russia to pull back its troops.
I.M.F. considers rules to force bondholders to share cost of restructuring
The push for more private-sector participation in future debt restructurings underscores mounting concern on the part of global policy makers that the ground rules for sovereign debt restructurings need to be clarified.
ECB cuts rates and launches stimulus
The European Central Bank lowers its benchmark interest rate to 0.05% as it looks to kick-start the flagging eurozone economy.
Federal judge approves settlement in eBay antitrust case
A judge for the US District Court for the Northern District of California on Tuesday approved a settlement between federal antitrust authorities and eBay over allegations that eBay agreed to not to poach employees from rival companies. Judge Edward Davila presided over the settlement between eBay and the US Department of Justice (DOJ). An official statement in regards to the settlement has not been released, but earlier this year the company stated that "the policy that prompted this lawsuit was acceptable and legal, and led to no anticompetitive effects in the talent market in which eBay competed." The settlement was initially proposed in May and includes provisions preventing eBay from engaging in any type of non-compete agreements with other companies that would potentially restrict hiring or recruiting. The settlement also includes restitution and penalties amounting to $3.75 million.
The myth of the private naked selfie
When hackers steal credit card numbers, the banks and major retailers pay. When they steal personal photos from an Apple account, the user shoulders the cost and can't take back the images.
Bitcoin trader enters guilty plea
The operator of an exchange for the virtual currency Bitcoin pleads guilty in New York to running an unlicensed money transmitting business.
Top EU court rules on flight delays in Germanwings case
The EU's top court says an airliner's arrival time is not when it lands but when its doors are opened - a ruling that affects compensation claims. The budget airline Germanwings had argued that a plane had touched down with a delay of just under three hours - so compensation was not due. But the European Court of Justice (ECJ) said on-board rules inconvenienced passengers until they left the plane. A passenger can claim 250 euros for a delay of three hours or more. Ruling in the case Germanwings v Ronny Henning, the ECJ said "the concept of 'arrival time', which is used to determine the length of the delay to which passengers on a flight have been subject, refers to the time at which at least one of the doors of the aircraft is opened".
Federal regulators impose tough new rules for banks
Federal banking regulators vote Wednesday on new rules that will require banks to increase their holdings of highly liquid assets. The new rules stem directly from problems experienced during the financial crisis, when banks found they couldn't quickly convert assets into cash.
Rogue trader Kerviel 'to leave jail'
A French court accepted a request from Jérôme Kerviel, convicted of rogue dealings at Société Générale, that he be able to serve out his three-year sentence with an electronic monitoring bracelet.
Amnesty says torture rife in Mexico
Torture is still rife in Mexico and routinely used to extract confessions, human rights organization Amnesty International says.
US pharmacy giant CVS ends tobacco sales and changes name
US pharmacy chain CVS Caremark has stopped selling tobacco products nearly a month earlier than planned. They have also changed their corporate name to CVS Health to reflect the change, although the signage on their drugstores won't change. CVS expects to lose about $2bn in annual revenue from the move, which rivals claim will have little impact on reducing smoking. CVS shares closed at their highest value in 34 years on the news.
Argentine economist says bond holdouts should be paid
Domingo Cavallo, the architect of Argentina's first debt restructuring in 2001, says the country should comply with a United States judge's decision and pay bondholders who did not participate in the deal.
Singapore and Indonesia sign maritime border treaty
Leaders of Singapore and Indonesia on Wednesday signed a treaty establishing their territorial boundaries in the eastern part of the Strait of Singapore. According to Singapore's Ministry of Foreign Affairs, the agreement is a demonstration of how the two countries have been able to work together in areas of mutual interest and "further underscores the excellent working relationship and bilateral ties between both countries." This is the second maritime boundary agreement signed by Singapore and Indonesia during the term of Indonesian President Susilo Bambang Yudhoyono. Singapore President Tony Tan Keng Yam expressed his appreciation for the for Yudhoyono's support of the Singapore-Indonesia relationship, stating that the countries had launched a new phase of their economic partnership.
Guatemala defies 'Monsanto Law' pushed by US as part of trade agreement
The highest court in Guatemala has suspended the controversial 'Monsanto Law,' a provision of a US-Central American trade agreement, that would insulate transnational seed corporations considered to have "discovered" new plant varieties. The Constitutional Court suspended on Friday the law - passed in June and due to go into effect on Sept. 26 - after a writ of amparo was filed by the Guatemalan Union, Indigenous and Peasant Movement, which argued the law would harm the nation.
EU court rules against France over water pollution
The EU's top court ruled Thursday that France had failed to fulfill its obligation to improve the quality of its groundwater, marking the third time since 2001 the European Court of Justice has ordered France to strengthen its regulations. The ruling says that French laws have not done enough to keep farm fertilizer from breaching water sources in violation of EU rules, which limit when and how fertilizers can be used on crops in order to keep nitrates out of water sources bound for human consumption. Failing to strengthen regulations, France will face millions in fines. Advocates for cleaner water in France applauded the court's ruling.
NATO chief asks Russia to pull back troops
Al Jazeera, Doha, Qatar
Ukraine, pro-Russian rebels support peace plan, Friday cease-fire
Haaretz, Liberal daily, Tel Aviv, Israel
PM warning over terrorist ransoms
BBC News, Centrist newscaster, London, England
Can beer + football = next president?
CNN International, London, England
Ashley Greene looks flawless for Burying The Ex premiere at 71st Venice Film Festival
Daily Mail, Conservative daily, London, England
Texas teen catches a catfish in a SEWER
Daily Mail, Conservative daily, London, England
NATO determined to make ties with Ukraine 'even stronger'
EuroNews, International news, Ecully Cedex, France
Ukraine ceasefire condition of Russia warship delivery, says Hollande
France 24, Issy-les-Moulineaux, France
Presidential residence to change after 91 years
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Bob McDonnell found guilty: Former Virginia governor and his wife convicted on corruption charges
Independent The, London, England
Bitcoin promoter pleads guilty over Silk Road charges
Telegraph The, Conservative daily, London, England
Joan Rivers' best fashion insults
Telegraph The, Celebrity news, London, England
Firm sells waste oil as cooking oil
China Post, English-language daily, Taipei, Taiwan
Caffé Bene Also Raises Prices
Chosun Ilbo, Conservative daily, Seoul, South Korea
US had warned Delhi of Qaedas designs in August
Hindustan Times, New Delhi, India
Girl sexually assaulted by guard at school
India Times, Conservative daily, New Delhi, India
Cyberthefts hit record Y 1.85 billion in Japan
Japan Times, Independent centrist, Tokyo, Japan
Hillary Clinton: US should lead on clean energy
New Zealand Herald, Conservative daily, Auckland, New Zealand
Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore
Sex work? Not at my school!
Sydney Morning Herald, Centrist daily, Sydney, Australia
Philippines' hoops progress reflects sport's surge
Taiwan News, English-language daily, Taipei, Taiwan
Chinese President Xi Jinping cancels trip to Pakistan amid political chaos in Islamabad
The Economic Times, Business, Mumbai, India
Why Barack Obama's disengagement abroad may not be such a bad thing: Neil Macdonald
Canadian Broadcasting Centre, Toronto, Ontario
Complications during execution of Oklahoma inmate was a result of confusion: report
Globe and Mail The, Centrist daily, Toronto, Canada
Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S
Women - the Pillar of the Social Struggle in Chile's Patagonia Region
IPS Latin America, International cooperative of journalists, Rome, Italy
U.S. 'needs more inflation,' Fed's Kocherlakota says
Reuters, Business News, New York, U.S
Brazil's Rousseff - If re-elected, 'new government, new team'
Reuters, World News, New York, U.S
NATO leaders ready for major overhaul after Russian wake-up call
Toronto Star, Toronto, Ontario
'Spy tapes' given to SA opposition
BBC News, Centrist newscaster, London, England
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