June 3, 2011 nº 1,049 - Vol. 9

"We choose our joys and sorrows long before we experience them."

Kahlil Gibran

In today's Law Firm Marketing, a questionable technique that keeps prospects reading your marketing materials.


Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica


  • Top News

'Global war on drugs has failed'

"The global war on drugs has failed, with devastating consequences for individuals and societies around the world," a high-powered commission whose members include former U.S. Secretary of State George Shultz and former U.N. Secretary General Kofi Annan warns today. Most controversially, the report insisted that the UN Single Convention on Narcotic Drugs, 1961 and the US's "War on Drugs" campaign had failed. Both policies recommend limiting possession and use of drugs for non-medicinal or scientific purposes, and addressing drug trafficking through minimum sentencing for any level of drug dealer.

The report from the Global Commission on Drug Policy goes on to recommend:

  • An end to "the criminalization, marginalization and stigmatization of people who use drugs but who do no harm to others."
  • Governments experiment "with models of legal regulation of drugs to undermine the power of organized crime and safeguard the health and security of their citizens. This recommendation applies especially to cannabis."
  • Increases in "health and treatment services those in need."
  • Less focus on the arrest and imprisonment of "people involved in the lower ends of illegal drug markets, such as farmers, couriers and petty sellers. Many are themselves victims of violence and intimidation or are drug dependent. Arresting and incarcerating tens of millions of these people in recent decades has filled prisons and destroyed lives and families without reducing the availability of illicit drugs or the power of criminal organizations."
  • Less emphasis on "simplistic 'just say no' messages and 'zero tolerance' policies in favor of educational efforts grounded in credible information and prevention programs that focus on social skills and peer influences."
  • A increased focus on "violent criminal organizations, but do so in ways that undermine their power and reach while prioritizing the reduction of violence and intimidation. Law enforcement efforts should focus not on reducing drug markets per se but rather on reducing their harms to individuals, communities and national security."

The U.S. and Mexican governments have rejected the findings as misguided. The US ONDCP - Office of National Drug Policy released a statement in response, denouncing the report: "Legalization remains a non-starter in the Obama Administration because research shows that illegal drug use is associated with voluntary treatment admissions, fatal drugged driving accidents, mental illness, and emergency room admissions."

Legal outsourcing firms creating jobs for American lawyers

Top American firms have cut hiring or moved to a lower-tier pay system for many new associates. Corporations are reducing their legal departments. Legal temp companies now pay as little as $20 a hour to board-certified lawyers for document reviews that a decade ago might have been billed at $200 an hour. But there is at least one glimmer of light. And it comes from a surprising direction. Outsourcing firms, the companies that in recent years added to the financial woes of the American legal profession by sending work to low-cost countries like India, are now creating jobs for lawyers in the United States. The American salaries for outsourced work, typically in the $50,000 to $80,000 range, may look meager compared with the six figures that new associates might still hope to draw at a big firm. But outsourcing jobs typically pay better than temp work — and certainly better than no work at all. And at that salary range, American lawyers start to look a bit more competitive with their offshore counterparts — and more attractive to potential American clients that might not be comfortable sending legal work overseas.

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  • Crumbs

1 - Google says hackers in China stole Gmail passwords - click here.

2 - Iran's parliament votes to take Mahmoud Ahmadinejad to court - click here.

3 - FAA to impose civil penalties for shining laser pointers at aircraft - click here.

4 - House bill cuts U.S. farm aid, payment to Brazil - click here.

5 - Supreme Court rules in patent infringement case - click here.

6 - Samsung asks court for next-gen iPhone and iPad - click here.


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  • MiMIC Journal

FBI to probe 'China e-mail hack'

The FBI is investigating "serious" allegations that hackers in China breached personal e-mail of top US officials, US Secretary of State Hillary Clinton says.

China rejects Gmail spying claims

China rejects allegations of involvement in a cyber-spying campaign targeting the Gmail accounts of top US officials, military personnel and journalists.

  • Law Firm Marketing

A questionable technique that keeps prospects reading your marketing materials

by Tom Trush

About two years ago, I read a statement I can't shake from my memory.

Every time I put my fingers on the keyboard, these words rush to my mind as if the person who wrote them -- Joe Sugarman -- cast a spell on me.

A renowned copywriter, Joe is probably most famous for turning BluBlocker sunglasses into a multimillion-dollar empire. In his book, "The Adweek Copywriting Handbook," he wrote the following axiom:

All elements in an advertisement are primarily designed to do one thing and one thing only: get you to read the first sentence of the copy.

Notice how there's no mention of making a sale.

Joe goes on to explain that once your prospects get to the first sentence, your objective is to move them to the second sentence. When your prospects get to the second sentence, you must convince them to read the third sentence.

By now you can probably guess your goal for the third sentence ... fourth sentence ... fifth sentence ... and so on.

Joe calls this progression the "greased slide." Each sentence is another step on your prospect's journey to the end of your advertisement or marketing piece.

As prospects get further into your text, momentum builds and it becomes easier to keep them interested.

One of my favorite techniques for getting prospects to the first sentence is using a question in the headline. But I prefer a slightly different approach from what you might expect.

In sales, you frequently hear how you should always get prospects to agree with you and answer as many questions as possible with "yes."

Because this technique is used so much, I believe most people now realize after a few responses that "yes" questions are just a disguised sales pitch. As a result, their attention dwindles.

I prefer using questions that can't be answered with a "yes" or "no" response. For example, here's a headline I recently wrote for a direct-mail campaign.

Are These Common Marketing Mistakes Driving Away Prospects and Bleeding Profits from Your Business?

There's no way you can get the answer to this question without reading the remaining text. If you're a business owner, you're almost forced to continue reading to resolve your curiosity.

The key to this headline is the word "these." Take it out and the question isn't as effective:

Are Common Marketing Mistakes Driving Away Prospects and Bleeding Profits from Your Business?

With the above headline, you're not promised any answers. In fact, whether you answer "yes" or "no," there's little incentive for you to continue reading.


© 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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  • Historia Verdadera

Costa Rica - China

La aprobación de un tratado de libre comercio en la Asamblea Legislativa de Costa Rica dejó abierto el camino para la intensificación del comercio entre el país centroamericano y China, un intercambio que se aproxima a los US$ 2.000 mlls., anuales. Formalmente, el TLC podría comenzar a operar en julio, después de que las autoridades de San José comuniquen la ratificación del pacto a las autoridades de Beijing.


La anglo-holandesa Shell inició en Brasil, junto con la brasileña Cosan, un joint venture de varios miles de millones de dólares con lo que pretende convertirse en un productor líder de biocombustible y etanol derivado de la caña de azúcar, llamado Raízen.


La estadounidense Cargill se adjudicó la costarricense Pipasa y sus operaciones en Nicaragua. La Corporación Pipasa produce alimentos elaborados a partir de carnes de res, de cerdo, de pollo y de pavo. También es líder en la elaboración y comercialización de alimentos para la nutrición animal de diversas especies.

  • Brief News

Moody's warns on US failure to increase debt limit

Moody's has warned it may downgrade the US debt rating if Congress fails to increase the US debt limit in the coming weeks and risks default. The agency warned of political "entrenchment" preventing an increase. Republicans on Wednesday blocked a bill to raise the debt limit, demanding Democrats first agree to spending cuts. The US risks default if Congress does not authorize more borrowing by August. A downgrade would increase borrowing costs, slowing the economic recovery. Treasury Secretary Timothy Geithner warned lawmakers: They must vote to increase the government's credit limit or risk an economic disaster.

Sony network attacked again

A hacker group has claimed it has attacked the Sony network and stolen more than one million passwords, email addresses and other information. Sony said it was aware of it and was investigating it. In April, hackers broke into Sony's PlayStation Network and stole data from more than 77 million accounts. That attack was considered the biggest in internet history and led to Sony shutting down the PlayStation Network and other services for almost a month. The hackers commented: "From a single injection, we accessed EVERYTHING," it said. "Why do you put such faith in a company that allows itself to become open to these simple attacks? What's worse is that every bit of data we took wasn't encrypted. Sony stored over 1,000,000 passwords of its customers in plain text, which means it's just a matter of taking it. This is disgraceful and insecure: they were asking for it."

Brazil launches scheme to lift millions out of poverty

Brazil has launched a welfare scheme to lift millions out of extreme poverty by 2014, which Dilma calls her government's key priority. The project aims to build on current programs, which are credited with raising 20 million Brazilians out of poverty over the past decade. The aim of the Brasil Sem Miseria (Brazil Without Poverty) scheme is to expand the Bolsa Familia, as well as health and education programs, and direct more money to Brazil's poorest regions.

Brazil grants building permit for Belo Monte Amazon dam

Brazil's environment agency has backed construction of a hydro-electric dam in the Amazon, opposed by indigenous groups and environmentalists. The agency, Ibama, said the Belo Monte dam on the Xingu River had been subjected to "robust analysis" of its impact on the environment. The government says the dam is key to meeting Brazil's growing energy needs.

Spain seeks E. coli compensation

Anger is growing in Spain over being blamed as the source of the E. coli outbreak that has killed 18 people and left hundreds more seriously ill. Spanish PM Zapatero said Spain would demand reparations for the economic losses suffered. The outbreak - centered on Germany - is a new form of the E. coli bacterium

California governor to request more time to reduce prison population

California Governor Jerry Brown on Thursday indicated that he would ask a federal judge for more time to construct his plan to reduce the state's prison population. The US Supreme Court ruled last week in Brown v. Plata to uphold an order requiring California to release up to 46,000 prisoners to remedy the state's overcrowded prisons. Brown said it would take more than two years to submit a plan to a three-judge panel, far longer than the two-week timeline offered by the high court. Brown plans to shift prisoners to county jails in an attempt to decrease state prison populations. His plans will be undermined if voters, who were recently polled as against spending more tax money on prisons, reject his recent tax proposal.

Egypt to try Mubarak in August

A trial date for former Egyptian president Hosni Mubarak was set on Wednesday for August 3 at the Cairo Criminal Court. Mubarak, his two sons and possibly his wife will go on trial for charges released last week, including murder, attempted killing of protesters and other charges related to a general abuse of power.

Trademarkia upends trademark filing process, angers IP lawyers

While entrepreneurs can file trademark applications with the USPTO - U.S. Patent and Trademark Office on their own, many pay attorneys $150 to $500 per hour to handle the complex process. Since Trademarkia made its debut in 2009, the legal website has streamlined and made the task cheaper. Its major technology innovation is a powerful search engine that mines the USPTO trademark database more efficiently than the government's own search tool, says co-founder Raj Abhyanker. "Our site lets users visually search and receive alerts for more than 6 million trademarked names, logos, and slogans from the year 1872 until today, all for free. The USPTO site only lets you search from the year 1932 and it is not an easy site to navigate." Trademarkia's business model is classic upselling: Individuals searching for trademarks via Trademarkia are urged to sign up for a trademark-application filing service with Abhyanker's law firm. After agreeing to pay $159, the user fills out the trademark application and Abhyanker's 20-attorney Mountain View, Calif., law firm reviews it to determine its chance of being granted. The total cost for a fairly straightforward, narrow application is around $500, including the government's trademark registration fee of $325, Abhyanker says. His law firm brought in $2.7m in 2010, excluding $5m in pass-through government filing fees it sends to the USPTO, he says. The Trademarkia website, established as a separate business entity from the law firm, had around $400,000 in revenue in 2010 and expects over $1m this year, he adds.

ACLU files lawsuit challenging Georgia immigration law

The ACLU - American Civil Liberties Union, the NILC - National Immigration Law Center and a coalition of other civil rights groups filed a class action lawsuit Thursday challenging a Georgia immigration law similar to Arizona law already being challenged in federal court. The groups filed the lawsuit in the US District Court for the Northern District of Georgia to block the law they characterized as a "show-me-your-papers" scheme since it will force citizens to prove their identity using specific documents. Omar Jadwat, staff attorney for the ACLU Immigrants' Rights Project, said the Georgia law is unconstitutional because it violates the Fourth Amendment by allowing law enforcement to detain individuals without necessary papers, and it violates the Supremacy Clause because only the federal government can make such immigration regulations.

Facebook attacks 'fake' contract

Founder Mark Zuckerberg says an alleged contract and e-mails that a New York man claims entitle him to a 50% stake in Facebook are "amateurish forgeries".

Goldman said to get subpoena over its role in crisis

Goldman Sachs Group Inc., the fifth- biggest U.S. bank by assets, was subpoenaed by the Manhattan District Attorney's office for information on the firm's activities leading into the credit crisis. The subpoena relates to the U.S. Senate's Permanent Subcommittee on Investigations report on Wall Street's role in the collapse of the financial markets, which accused New York- based Goldman Sachs of misleading buyers of mortgage-linked investments.

KPMG fails to fairly promote women, lawsuit says

A former senior manager has started a class-action lawsuit in New York accusing KPMG of discriminating against its female employees.

Hungary to carve flat income tax into cardinal law

Hungary's government plans to enshrine the basic principles of its flat personal income tax system in a law requiring two-thirds parliamentary majority.

SEC probes China auditors

The SEC is investigating some accounting firms over their audits of Chinese companies whose shares trade in the U.S., and the inquiry is expected to lead to enforcement cases, people familiar with the situation said.

  • Daily Press Review

New Syrian pro-democracy protest center sees unrelenting attacks by Assad regime
Al Arabiya, Online news, Dubai, United Arab Emirates

Nonviolent protests put Israeli military in a spot
Arab News, Pro-government, Jidda, Saudi Arabia

Under pressure, Iran president names new oil chief
Asharq Al-Awsat, Pan-Arab daily, London, England

UAE bans cucumbers from 4 countries
Egyptian Gazette, English-language, Cairo, Egypt

Sami Ofer, Israeli shipping giant suspected of Iran dealings, dies at 89
Haaretz, Liberal daily, Tel Aviv, Israel

Hamas fumes as Egypt cuts Rafah crossings to 400 a day
JPost, Conservative, Jerusalem, Israel

Independents contact Egypt to contain Rafah crisis
Ma'an News Agency, Bethlehem, Palestinian Territories

Heavy shelling to restore city from Al Qaeda in south Yemen
Yemen Observer, Sana'a, Republic of Yemen

Four killed in refinery blast
BBC News, Centrist newscaster, London, England

158 new jobs for seafood-processing sector
BreakingNews.ie, Online news portal, Cork, Ireland

Alleged Libyan rape victim 'bruised' after deportation
CNN International, London, England

Government isolates rebel area
Daily Express, Conservative tabloid, London, England

Bank 'bomb' was harmless say police after three-hour high street siege ends
Daily Mail, Conservative daily, London, England

Fire at Russian military depot affects thousands
EuroNews, International news, Ecully Cedex, France

JUSTICE: Mladic faces war crimes tribunal in The Hague
France 24, Issy-les-Moulineaux, France

Jaycee Dugard laments 'stolen childhood' as her captor is jailed
Independent The, London, England

Ford focused on technology
Moscow News The, Independent, Moscow, Russia

Nuclear vs climate change: the clash of the alarmists
Spiked, (Alternative Internet Magazine), London, England

New E.coli is mutant superbug
Sun The, London, England

MPs' expenses: nearly GBP 1million spent on taxpayer-funded credit cards in first two months
Telegraph The, Conservative daily, London, England

5 killed, 1 injured in Arizona shootings
Antara News, News agency, Jakarta, Indonesia

KTB raises deposit, loan rates
Bangkok Post, Independent, Bangkok, Thailand

Angry Chinese officials reject blame for Gmail cyber-attack
China Post, English-language daily, Taipei, Taiwan

Enable Networks wins trademark hearing
Computer World, IT information, Fairfax, New Zealand

Mexican teens turn to kidnapping in drug war city
Daily Jang, Left-wing daily, Karachi, Pakistan

Pakistan confirms joint intel operations with US
Dawn, English-language daily, Karachi, Pakistan

Government working on formula for Baba Ramdev
Hindu The, Left-leaning daily, Chennai, India

Cyber attacks constant, Australia says
Hindustan Times, New Delhi, India

CBI yet to take up drug nexus cases in Goa
India Times, Conservative daily, New Delhi, India

Nation's finances under scrutiny as debt mounts: BOJ's Nakamura
Japan Times, Independent centrist, Tokyo, Japan

New task force to tackle Gold Coast crime
New Zealand Herald, Conservative daily, Auckland, New Zealand

Mexican teens turn to kidnapping in drug war city
News The, Left-wing, Karachi, Pakistan

Miliband calls for council on regional stability
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan

Yemeni government says president ready to ink GCC deal
People's Daily Online, English-language, Beijing, China

Gay couples line up for Ill. civil union licenses
Sify News, Chennai, India

Boeing says under 'continuous' cyber-attack
Straits Times, Pro-government, Singapore

UK: Outbreak in Europe blamed on 'super-toxic' strain
Taiwan News, English-language daily, Taipei, Taiwan

'Emerging markets ready to lead IMF'
The Economic Times, Business, Mumbai, India

McCain warns Myanmar risks Arab-style uprising
Times of India, Conservative, New Delhi, India

Postal workers begin strike action
Canadian Broadcasting Centre, Toronto, Ontario

Anguilla - independence within CARICOM dimmed?
Caribbean360, Online news portal, St. Michael, Barbados

Hackers taunt Sony, posting new data online
Globe and Mail The, Centrist daily, Toronto, Canada

Moody's sounds alarm over U.S. debt limit, deficits
International Business Times, Business news organization, New York, U.S

STALEMATE - Public-sector groups, Government fail to agree on way forward
Jamaica Gleaner, Independent daily, Kingston, Jamaica

Global stocks tread water before U.S. job data
Reuters, Business News, New York, U.S

Pakistan, U.S. agree to resume joint intel ops -Foreign Ministry
Reuters, World News, New York, U.S

Canada Post workers strike in Winnipeg
Toronto Star, Toronto, Ontario

Jeers as husband appears in court
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad

Celebrities you might spot during the Stanley Cup finals
Vancouver Sun The, Conservative, Vancouver, Canada

Uganda threatens Somalia pull-out
BBC News, Centrist newscaster, London, England

Dugard captors 'monsters'
iafrica, Online news portal, Cape Town, South Africa

RWANDA: Rape, justice and privacy
Irin News, Humanitarian news and analysis, Nairobi, Kenya

Ethiopia lifts death penalty for over 20 former Derg officials
Sudan Tribune, Khartoum, Sudan


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