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July 14, 2017 nº 1.885 - Vol. 14

“Everything you can imagine is real.”

Pablo Picasso

In today's Law Firm Marketing, "How to write mental magic that motivates prospects to take action".

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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

Brexit: The UK's key repeal bill facing challenges

The Scottish and Welsh governments have threatened to block the key Brexit bill which will convert all existing EU laws into UK law. The repeal bill, published earlier, is also facing opposition from Labour and other parties in the Commons. Ministers are "optimistic" about getting it through and have promised an "ongoing intense dialogue" with the devolved administrations. No 10 said it had to be passed or "there will be no laws" after Brexit. Brexit Secretary David Davis called it "one of the most significant pieces of legislation that has ever passed through Parliament". He rejected claims ministers were giving themselves "sweeping powers" to make changes to laws as they are repatriated.

Democratic lawmakers file article of impeachment for Trump

California Representative Brad Sherman filed an article of impeachment against President Donald Trump on Wednesday. The measure accuses Trump of obstructing justice concerning the Russia probe by using "his authority to hinder and cause the termination of such investigation(s) including through threatening, and then terminating, James Comey." Critics of the move believe it is unlikely to succeed in the majority Republican House.

US consumer agency moves to ban mandatory arbitration

The Consumer Financial Protection Bureau (CFPB) announced a new rule Monday, banning mandatory arbitration clauses in consumer agreements. The CFPB explained that mandatory arbitration agreements can prevent class action lawsuits and perpetuate harmful practices. The new rule will enforce the consumer's right to take part in group lawsuits. The CFPB hopes that the rule will promote more transparency and accountability for large companies. The CFPB will also place additional requirements for documentation and reporting measures for when companies do undergo arbitration.

New partner

The lawyer Caetano de Vasconcellos Neto is a new partner of Rosman, Penalva, Souza Leão, Franco, Vale Advogados. Specializing in commercial law, corporate and financial markets law including banking law, regulatory/administrative law of the National Financial System and sanctioning of administrative processes in this segment, has joined strengthening the practice of the firm in the banking area. Caetano was advisor to the Superior Labor Tribunal (TST) from 1985 to 1986, Legal Superintendent of Banco Agrimisa S. A. from 1986 to 1988, Secretary General of the Fundação Rural Mineira – RURALMINAS (Rural Minas Gerais Foundation) from 1988 to 1989, Partner with law firm Ferreira Cardoso, Vasconcellos & Teodoro Advogados Associados from 1989 to 2013, Legal Director of Fundo Garantidor de Créditos – FGC (Brazilian FDIC), from 2014 to 2017, elect Board Member of the Council of Administration of the Fundo Garantidor de Créditos – FGC (Brazilian FDIC).

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  • MiMIC Journal

China rejects foreign criticism over dissident's death

China has rejected international criticism for not allowing its most prominent critic, Liu Xiaobo, to be treated abroad for liver cancer. It said the case was an internal affair and that other countries were "in no position to make improper remarks". The activist, who had been serving an 11-year prison term for "subversion", died in a hospital in China aged 61. The Nobel Committee, which gave him the Peace Prize in 2010, said China bore a "heavy responsibility" for his death. Beijing is now being urged to free his wife, poet Liu Xia, from house arrest.

Hong Kong court disqualifies four opposition lawmakers

The four are accused of using their oath of office to criticise Beijing and demand more HK rights.

Apple opening data center in China to comply with cybersecurity law

Apple said that it would open its first data center in China, joining a parade of technology companies responding to growing global demands to build facilities that store online data closer to customers. The move is a response to a strict new law in China that requires companies to store users’ data in the country. The new data center, in Guizhou, a province in southwest China, is part of a $1 billion investment in the province and will be operated in partnership with a local data management company, Apple said. The move is part of a worldwide trend regarding the security and sovereignty of digital data. Microsoft, Amazon and Facebook are among the big American technology companies plowing billions of dollars into building data centers in Germany, the Netherlands, France and other countries. While some of the expansion is for technical reasons — the online services operate faster when they are near customers — the companies are also reacting to growing pressure from European governments and customers to maintain some control over their data.

Law Firm Marketing

How to write mental magic that motivates prospects to take action
By Tom Trush

Have you ever watched a movie and felt so connected with a character that you experienced similar emotions?

Or saw someone on the street eating a sandwich and instantly craved the same item -- even though you ate lunch just an hour earlier?

These reactions are the result of mirror neurons.

Discovered by Italian scientist Giacomo Rizzolatti and his research team in 1992, mirror neurons are triggered in our brains whether we perform or just observe certain actions.

Essentially, when we see someone do something -- whether it's crying over a heart-wrenching break-up on the big screen or taking a bite out of a Big Mac -- we carry out those same actions in our minds.

What makes mirror neurons so powerful in copywriting and marketing is they're also activated when you simply read about an action or behavior.

Here's proof ...

Yawn.

Do you feel that tickly sensation in the back of your throat? How about your clenched teeth as your jaw tugs down just below your ears?

Is your body begging you to open your mouth and stop the strain?

Go ahead ... let out your yawn.

This example is used by Martin Lindstrom in his book, "Buyology: Truth and Lies About Why We Buy" to demonstrate how you can initiate action by using written words.

Lindstrom cites a UCLA study in which volunteers' brains were scanned using fMRI (functional magnetic resonance imaging) while they read phrases describing actions such as "biting the peach" and "grasping the pen." After reading the words, they then watched people perform the same actions.

Identical regions of the volunteers' brains lit up whether they read the actions or watched them on video.

Now you can understand why including command statements and telling stories in your marketing materials are such effective ways to prompt prospects to take your desired action.

Many successful retailers understand the mirror neuron phenomenon. Why do you think so many product displays (especially in malls) incorporate mannequins?

As Lindstrom states, they make it easy for us to mimic behavior.

For example, if you walk by a clothing store and you catch a glimpse of a slim and sexy mannequin dressed in the latest fall fashions, your brain tells you -- subconsciously -- you'd look the same way if you were wearing that outfit.

So you're more likely to go inside and look for that shirt and pair of pants you didn't need just 10 seconds earlier.

Mirror neurons are so powerful they can override rational behavior.

If your marketing materials don't include text explaining your customers' experiences using your services, then you're missing out on a major opportunity.

You must give your prospects a chance to imagine your services in action.

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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 Trey@TreyRyder.com.
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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  • Brief News

EU clamps down on social media job snoops

Employers who use Facebook, Twitter and other social media to check on potential job candidates could be breaking European law in future. An EU data protection working party has ruled that employers should require "legal grounds" before snooping. The recommendations are non-binding, but will influence forthcoming changes to data protection laws. Recruitment company CareerBuilder suggests that 70% of employers use social networks to screen candidates. Its study also found that the same percentage are also using online search engines to research potential employees.

US opioid abuse 'linked to jobs market' says Fed boss

Widespread opioid abuse is tied to a fall in the share of Americans working or looking for work, the head of the US central bank said on Thursday. Federal Reserve Chair Janet Yellen said she was not sure if it was a cause of the decline or a symptom revealing more longstanding economic problems. Technological changes and an ageing workforce also contributed, she said. The Centers for Disease Control (CDC) estimate that prescription drug abuse costs $78.5bn annually. This is due to costs related to health care, lost productivity, and criminal activity. About 91 Americans die every day after overdosing on opioids.

Lula convicted of corruption, sentenced to prison

Former Brazilian President Luiz Inacio Lula da Silva has been convicted of corruption and money laundering charges and sentenced to nine and a half years in prison. Still, Lula has long denied the charges and plans to appeal the conviction. He will remain free as long as that appeals process unfolds. Federal Judge Sergio Moro found the popular politician guilty of illegally taking more than $1 million in kickbacks from an engineering company, using the money to refurbish a beachfront apartment. Yet this is hardly the only charge Lula faced — and far from the end of his difficult legal straits. This case was just one of five filed against the left-wing politician, ranging from "allegations of influence peddling to accepting perks from companies in exchange for government favors." Even as his appeal is heard in this case, he faces four more trials over corruption allegations.

Australia plans law to force tech giants to decrypt messages

The Australian government on Friday proposed a new cybersecurity law to force global technology companies such as Facebook and Google to help police by unscrambling encrypted messages sent by suspected extremists and other criminals. But some experts, as well as Facebook, warned that weakening end-to-end encryption services so that police could eavesdrop would leave communications vulnerable to hackers. The new law would be modeled on Britain’s Investigatory Powers Act, which was passed by the British Parliament in November and gave intelligence agencies some of the most extensive surveillance powers in the Western world, the government said.

UK Supeme Court awards equal pension rights to same-sex spouse

The British Supreme Court ruled on Wednesday that a gay retiree's husband is entitled to the same pension benefits a wife would enjoy regardless of when payment into the program began. John Walker filed the suit against his employer, Innospec Ltd, when they refused to pay his pension in the event of his death to his husband because his service predated December 5, 2005, the date the UK started legally recognizing civil partnerships. While the court acknowledged that the "general rule, applicable in most modern legal systems, is that legislative changes apply prospectively" in order to provide legal certainty, it looked to the Court of Justice of the European Union's (CJEU) "future effects" principle. The principle makes a distinction between retroactive application of a rule to a situation that was permanently fixed before the rule was enforced and immediate application of a rule to situations that are continuing. The court concluded that because Walker's service is continuing it is subject to immediate application and "that rights established by legislation should be activated at the time that they were stated to exist." Walker's spouse will now be entitled to about 45,000 pounds ($57,800) a year instead of the minimum of 1,000 pounds a year.

California Supreme Court moves to make bar exam easier to pass

With passage rates for the test sagging, the court has asserted its authority over the exams, traditionally among the toughest in the country.

Trump travel ban: Judge expands definition of 'close relative'

Grandparents and other relatives of people living in the US cannot be barred from entering under President Trump's travel ban, a judge has ruled. The order, by District Judge Derrick Watson in Hawaii, is a fresh legal blow to Trump's immigration crackdown. The judge said the ban had interpreted a Supreme Court ruling too narrowly. That decision, made last month, partly reinstated the ban on refugees and travelers from six Muslim-majority countries. It said only those with "bona fide" family ties would be let into the US. But the Trump administration decided that did not include grandparents, grandchildren, brothers-in-law, sisters-in-law, uncles, aunts, nephews, nieces and cousins. Judge Watson, however, disagreed - and ordered that those restrictions should not be enforced.

EasyJet picks Austrian base for post-Brexit plan

UK airline EasyJet is planning to set up a new company in Austria to protect its European business after Britain leaves the EU. The new airline, EasyJet Europe, will be based in Vienna. The airline must have an air operator certificate in an EU member country to allow it to continue flying between member states after Brexit. EasyJet said its application was "well advanced" and it hoped to receive its license in the "near future". A spokeswoman said, "nothing will change" from the perspective of passengers, and that all the staff and planes that would fly for EasyJet Europe were already employed and based in the other 27 EU countries. The company said no jobs would be lost in the UK, but some would be created in Austria.

To Lure Saudi giant, British watchdog unwisely bends I.P.O. rules

Stock exchanges are competing for the energy company’s blockbuster public offering. Analysts say the final decision is likely to come down to London and New York. The regulator needs to protect London’s competitiveness. But making policy for a single company, especially one as big as Saudi Aramco, is a mistake.

EU takes legal action against Hungary on NGO law

The European Union launched legal action against Hungary on Thursday because of new rules governing civic groups that receive funds from abroad. The European Commission said that the law approved by Hungary's parliament in June could prevent nongovernmental organizations "from raising funds and would restrict their ability to carry out their work." The commission also took a new step in another infringement procedure against Hungary launched in April over amendments to the law on higher education that could force Budapest-based Central European University to close or leave Hungary.

Trump says US-Mexico wall may not need to cover entire border

Trump says his proposed border wall may not need to cover the whole US frontier with Mexico because of existing natural barriers. He said it also needed to be transparent, to offer border guards visibility into Mexico. He also reiterated his desire the final design would involve solar panels. Building the wall, and having it paid for by Mexico, was one of Trump's key campaign promises. Now, almost six months into his presidency, it seems he is acknowledging some of the geographical and practical difficulties of such a construction.

Illegal-goods website AlphaBay shut following law-enforcement action

An online marketplace that sold illegal goods on the so-called Dark Web was shut last week following action by international authorities.

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