September 30, 2016 nº 1,797 - Vol. 13

"First gain the victory and then make the best use of it you can."

Horatio Nelson

In today's Law Firm Marketing, An overlooked marketing strategy for increasing your fees

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  • Top News

Brazil politicians run under tough new funding rules

After years of spending freely to win elected office, Brazilian politicians are struggling to bankroll their campaigns without big corporate donors and dirty money. Brazil’s vast graft probe, known as Operation Car Wash, has ushered in a new era of campaign-finance limits. Contributions from big businesses were banned last year by the nation’s Supreme Court. Overall spending caps are also now in place, some as low as 100,000 reais ($30,800) for some municipal posts. Those changes are upending the traditional game plan of candidates heading into Sunday’s local elections. Brazilians will go to the polls for first-round balloting to choose 5,570 mayors and around 57,000 city council members across the country in bellwether contests that will set the stage for the nation’s next presidential contest in 2018. This change has dried up the wellspring of campaign funds. More than 95% of all giving in a typical election cycle used to come from corporate donors.

'Anti-mosque' law passed in northern Italy

The Italian region of Liguria has approved a controversial law that may make it almost impossible for new mosques to be built in the area. Critics describe the law as anti-constitutional. The set of new rules suggested by the Northern League party was adopted by a narrow majority, with 16 votes in favor and 15 against on Wednesday. 'Italy isn't Islamic suburb': Pisa residents have rallied against mosque construction near Leaning Tower. The new restrictions define the criteria a new religious building should meet to gain a construction permit. Any such construction must not run counter to the "architectural and dimensional suitability of religious buildings with the general and specific characteristics of the Ligurian landscape"; mosques and minarets may be found "un-Ligurian" and as such don't belong to the current image of the region. The law, though not attributed to any particular religion, has been dubbed "anti-mosque" by local media outlets.

Takata in talks to resolve allegations of criminal wrongdoing over faulty air bags

Takata Corp. is negotiating to resolve allegations of criminal wrongdoing ?after federal prosecutors found evidence of unlawful conduct in the Japanese automotive supplier's handling of rupture-prone air bags linked to numerous deaths and injuries. US Justice Department investigators have held preliminary discussions with Takata that picked up steam in August. Prosecutors are currently awaiting a proposal from the company on how to resolve an anticipated criminal case. The discussions are continuing without a firm timetable for reaching a settlement. Prosecutors are weighing charging Takata with criminal wire fraud after determining the company likely made misleading statements and concealed information about air bags that can explode and spray shrapnel in vehicle cabins, the people said. The safety crisis is linked to more than a dozen deaths and more than 100 injuries globally. Prosecutors haven't discussed a specific charge with Takata and could pursue other kinds of criminal violations in the case.

Lack of planning

In this new article, Alexandre Gindler de Oliveira, partner of the law firm Advocacia Hamilton de Oliveira, talks about the lack of planning as a cause of civil reparation in Brazil. (Click here)

  • Crumbs

1- Elliott pushes for shake-up at Colombia's Avianca airline - click here.

2 - Samsung says in talks with U.S. watchdog on washing machine safety issues - click here.

3 - Wal-Mart in talks to buy stake in Indian online retailer Flipkart - click here.

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  • Law Firm Marketing

An overlooked marketing strategy for increasing your fees
By Tom Trush

What makes someone eagerly buy a product or service that's priced at least two times more than comparable options?

You might be surprised to know that, in certain cases, the decision comes down to something as simple as a piece of paper.

Let me explain ...

My wife, Michelle, and I recently stopped at Bed, Bath & Beyond for new bed pillows. She replaced the last set without me. So I went into the store not really knowing what to expect.

I groaned the instant we set foot in the pillow section. The price range was ridiculous -- and all the items looked the same!

Prices for the puffy white rectangles started at $19.99 and went as high as $159.99.

Confused, I immediately grabbed a "middle-of-the-road" option. After all, my only buying criteria was avoiding the cheapest, low-quality choices.

Michelle, on the other hand, zeroed in on a high-end model that was at least twice as much as my pillow. When I asked about her preference, Michelle explained she wasn't sleeping well and believed the pillow she picked would solve the problem.

I rested my head on her pillow. It felt the same as mine and, of course, looked identical.

The only difference?

The label showed Michelle's pillow was recommend by sleep expert and New York Times best-selling author Dr. James B. Maas. What's more, the packaging included Dr. Maas' sleep tips booklet, which is an excerpt from his book Sleep for Success! Everything You Must Know About Sleep But Are Too Tired To Ask.

Although the booklet was just a few saddle-stitched pieces of paper, the information inside represented tremendous value to Michelle. After all, the topic matched the thoughts in her mind (i.e., I need a pillow that helps me sleep better.).

Think about this for a minute ...

Knowledge shared on little pieces of paper caused my wife to spend twice the medium price for a commoditized product. And you know she's not the only one buying those pillows.

I often talk about how you writing a marketing piece from scratch is like an artist with a blank canvas. Your written words serve as the "paint" that determines what prospects are willing to pay for your product or service.

The closer you match their problems, the higher the price they'll pay.

Search for Dr. Maas' pillows on the Bed, Bath & Beyond website and you'll see another smart marketing move. All seven pillows (only one was available in the store) target a specific type of sleeper or problem.

For example, he offers options for people who sleep on their side, stomach and back, as well as those who feel stressed or enjoy reading in bed.

Dr. Maas doesn't offer pillows like everyone else. He delivers solutions to specific problems and uses his marketing to prove it. As a result, he can charge higher prices.

So how well do you target your prospects' problems in your marketing? Do you deliver solutions -- or only pitch what you offer and hope people buy?

Tom Trush is available at https://www.writewaysolutions.com.

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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

Cianuro

La justicia argentina decidió mantener, por tiempo indeterminado, clausurada la mina Valadero por falta de seguridad. La mina administrada por la canadiense Barrick es investigada por el derrame de cianuro en la población de San Juan, Mendoza. (Presione aquí)

Aranceles

El gobierno de Brasil accionará una demanada contra Estados Unidos ante la organización Mundial de Comercio por causa del alza de aranceles impuestas por la Casa Blanca a productos siderúrgicos exportados para el mercado americano. La autoización para el pedido de consultas que puede resultar en la apertura de un contencioso entre los dos países, fue dada por el presidente Michel Temer en la reunión de la Cámara de Comercio exterior.

Petroquímicas

Mexicana Alpek ofrecería hasta US$ 700 mlls. por las unidades petroquímicas de Petróleo Brasileiro en el estado de Pernambuco, en el noreste de Brasil. La empresa tiene 30 dias en negociación exclusiva para definir si se queda o no con los activos. (Presione aquí)

  • Brief News

Congress overrides veto of 9/11 bill allowing suits against Saudi Arabia

The US Congress on Wednesday overrode US President Barrack Obama's veto of a bill that would allow the families of 9/11 victims to sue Saudi Arabia. Obama vetoed the Justice Against Sponsors of Terrorism Act (JASTA) last Friday, stating that such a bill violates international standards of foreign sovereign immunity and may set a dangerous precedent for allowing the US to be held liable by foreign private courts. Obama has stated that, though voting against the bill may appear to be a vote against 9/11 families, the decision is necessary to uphold US national interests. Nevertheless Congress voted overwhelmingly against Obama's veto, with the Senate voting 97-1 and the House voting 348-77. Supporters of the bill have argued that such a bill gives terrorist victims their day in court and only holds sovereign nations liable should they have any responsibility for a terrorist attack inside US borders. This is the first veto overridden during Obama's presidency. Obama and White House representatives responded to the decision with disappointment. (Click here)

9/11 lawsuits bill causes Saudi Arabia 'great concern'

Saudi Arabia's foreign ministry has said it is a matter of "great concern" that 9/11 relatives in the US may be able to sue the kingdom for damages. On Wednesday the US Congress voted for a law allowing families of nearly 3,000 people killed in the attacks to sue. In doing so they overrode a veto by President Barack Obama, who said it would set a "dangerous precedent". The argument parallels the one made by Obama. He said, after the vote, that the law set a "dangerous precedent" and could lead to the US being opened to "a situation where we're suddenly exposed to liabilities for all the work that we're doing all around the world and suddenly finding ourselves subject to private lawsuits". Meanwhile, leaders of the Republican party in Congress have said they want to reconsider the law. The Senate majority leader Mitch McConnell admitted that lawmakers had not understood the possible consequences of the legislation. "Everybody was aware of who the potential beneficiaries were but nobody really had focused on the downside in terms of our international relationships.'" The White House spokesman Josh Earnest said it was "a pretty classic case of rapid onset buyer's remorse".

Trump accused of Cuba embargo breach

Hillary Clinton says presidential rival Donald Trump appears to have violated US laws, after a report said he broke a trade embargo with Cuba. Trump's company secretly would have conducted business in Cuba, violating the US trade embargo against the country. The company allegedly spent at least $68,000 (£52,300) in Cuba in 1998. Trump said the money was not paid, and that he was against deals with Cuba. He has also repeatedly said he had rejected offers to invest in Cuba. Trump's company funneled the cash through a US consulting firm to make it appear legal. Clinton said: "We have laws in our country, and the efforts that Trump was making to get into the Cuban market - putting his business interests ahead of the laws of the United States and the requirements that businesses were operating under with sanctions shows that he puts his personal and business interests ahead of the laws and values and the policies of the United States of America."

Royal Bank of Scotland agrees to pay $1.1 billion to resolve US mortgage claims

The US National Credit Union Administration (NCUA) said Wednesday that the Royal Bank of Scotland Group (RBS) will pay $1.1 billion after it allegedly solid toxic mortgaged-backed securities. The RBS is currently preparing to settle a number of other US cases dealing with mis-selling similar bonds. This comes after the 2008 financial crisis, in which the NCUA claim such firms "contributed to the corporate crisis." Under this settlement, the RBS does not admit fault as they currently are still facing 13 other cases for similar claims. The NCUA said that it continues to litigate against other bands for their sale of bad mortgage-backed securities to credit unions.

Federal appeals court allows 'selfies' at ballot box

The US Court of Appeals for the First Circuit ruled Wednesday against a New Hampshire law banning electronic devices in the ballot booth, making way for individuals to take "selfies" when voting. The court held that New Hampshire's HB 366, which prohibited individuals from making their marked ballots known to other individuals, is unconstitutional. The legislation later amended to state, "This prohibition shall include taking a digital image or photograph of his or her marked ballot and distributing or sharing the image via social media or by any other means." As a result, individuals were guilty of violating the bill if they took selfies while voting. The state argued the provision was to uphold the election process to prevent election intimidation. (Click here)

India top court lets marine stay in Italy pending arbitration decision

The Supreme Court of India ruled Wednesday that an Italian marine under investigation for murdering two Indian fishermen may stay in Italy pending a determination of where jurisdiction lies in the matter. Salvatore Girone, another marine involved in the 2012 incident, was allowed by the court to return to Italy in May under similar circumstances. Massimiliano Latorre, the marine involved in Wednesday's ruling, returned to Italy in 2014 seeking medical treatment following a stroke. The court has stated that the two marines must await a decision from the Permanent Court of Arbitration, which will determine what court has jurisdiction over an event that technically occurred in international waters. Though tensions have grown between Italy and India over the ongoing matter, the Italian foreign ministry praised the court's recent decision.

US band The Slants sues so it can trademark 'offensive' name

An Oregon band's bid for the right to trademark their "offensive" name has reached the US Supreme Court. The case was brought to the Supreme Court by The Slants after their trademark was refused because the name is disparaging to Asian-Americans. The Asian-American band acknowledges the name may offend, but say they chose it to "re-appropriate" its meaning. n 2014 the US Patent and Trademark Office cancelled the team's six trademarks, including the lucrative team logo, after years of complaints from Native American groups. The Slants had first attempted to register their band name in 2011, and sued after they were refused.

Russia plans to ban 'baby boxes' for unwanted infants

Russia is moving towards banning "baby boxes" - the hatches introduced in many countries where desperate mothers can safely abandon an unwanted infant. But there has been sharp criticism of the ban proposed by senator Elena Mizulina and backed by the government. Some warn that a ban will mean more dead babies left in woods or at rubbish dumps. Russia has about 20 of the boxes, where a mother can anonymously leave a baby at a maternity unit. A UN committee has condemned the boxes.

Pennsylvania top court allows defendants to sue over inadequate public defender funding

The Pennsylvania Supreme Court ruled Wednesday that indigent defendants may sue counties to ensure that public defenders' offices are more adequately funded. The case presented the issue of: "whether a cause of action exists entitling a class of indigent criminal defendants to allege prospective, systemic violations of the right to counsel due to underfunding, and to seek and obtain an injunction forcing a county to provide adequate funding to a public defender's office."

Norway appeals court rejects Snowden lawsuit

A Norwegian court of appeals on Wednesday rejected a lawsuit against the country's government from Edward Snowden. Snowden received a free-speech award from Norsk PEN, the country's branch of PEN International. Snowden, having asylum in neighboring Russia, desired to travel to Oslo to accept the award, but filed suit against the nation's government seeking an advance decision on whether the country would extradite him to the US. The Borgarting court followed the Oslo district court in rejecting Snowden's claim, declining to compel the justice ministry to make such advance decisions. Norsk PEN, also involved in the lawsuit with Snowden, stated that they intend to appeal to the country's highest court.

Switzerland lawmakers approve public burqa ban

Switzerland's lower house of Parliament on Tuesday narrowly approved a bill that would amend the nation's federal constitution to include a ban on "concealing ones face" in public under most circumstances. Proposed by the Swiss People's Party, the bill passed the National Council by an 88-87 vote, with 10 abstentions. Proponents of the bill argue that the ban does not impinge on freedoms and instead provides respect for women. Opponents counter, stating that the proposed law infringes on religious freedom and expression. The bill will next have to be approved by the Swiss Council of States, or by a national referendum, to become law. This is the second attempt at a burqa ban in Switzerland, with the first being voted down in January.

Salesforce is said to question Microsoft-LinkedIn deal in Europe

Salesforce, a San Francisco tech company, is said to have questioned whether Microsoft’s takeover of LinkedIn might hinder consumer choice and access to data.

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