October 14, 2011 nº 1,101 - Vol. 9

"What counts is not necessarily the size of the dog in the fight; it's the size of the fight in the dog"

Dwight David Eisenhower

In today's Law Firm Marketing, Do you dare to be different with your marketing message?


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


  • Top News

American dream deferred

Conservative groups responding to Occupy Wall Street argue that hard work, not protests, will bring people out of poverty. Is that true? As the Occupy Wall Street movement has grown, more and more Americans are stepping up to share their stories and air their grievances. But not everyone is angry at Wall Street. Conservative reaction to the movement has resulted in counter-protests and new memes, like conservative columnist Erick Erickson's new site, "We Are The 53%." The site is a reaction to "We Are The 99 Percent", a website that allows citizens to upload photos of themselves holding a sign with their story - such as too much student debt, trouble getting a job, or no health insurance. Contributors claim they stand in opposition to the 1% of Americans who control the majority of the country's wealth, as well as the big business and government systems they say allowed the economy to flounder.

The idea of bootstraps - or that individuals are responsible for their own economic success and failures - is one that's deeply rooted in American culture. The notion that if one works hard enough, one will reap the rewards is one of the basic tenets of the American dream. And it's the future of the American Dream that's being defended by both the 53% movement and the 99% movement it criticizes. "People don't really disagree that much about what's deserving. People think that hard work and studying, being willing to take some risks are all associated with being deserving." "Other things don't count for being deserving, like getting money without earning it, getting breaks based on race, or "lucking" into one's good fortune.

But while the narrative of the US economic system is one that's strictly merit-based, the reality is less clear-cut. Merit itself is not a myth. Merit enhances prospects for mobility, but it's still about beating the odds. Some people do break through the system on the basis of merit, luck, or other sorts of non-merit ways, while others may be very deserving and still come up short. "There's a disconnect between how people perceive how the system works and how it actually works." But it's so ambiguous - as long as there's some chance to start out, go from rags to riches, then the presumption is that if it can occur at all, it can occur for anybody. That presumption has fuelled innovation and ambition. It's also led to a reluctance to confront systemic problems when things do go wrong. When things haven't worked out, they have tended to blame themselves instead of look for structural solutions. That makes it easy to write off those who are suffering in the economy as undeserving. Conversely, one could argue that it leads some people to decide that honest labor is both hard to come by and not worth the effort. That doesn't mean the American Dream is a bad thing. In fact, just the opposite. The idea that hard work should pay off is an American ideal, and one worth fighting for - the question now is how.

Fitch cuts ratings on UBS and warns 12 other banks

Ratings agency Fitch has downgraded Swiss bank UBS from A+ to A, and put 12 other banks on notice that they may receive the same treatment. Fitch referred to "increased challenges the financial markets are facing," as the eurozone debt crisis and government spending cuts continue to affect banks. Among the banks put on negative watch for a possible future downgrade was Deutsche Bank and Goldman Sachs. Earlier, Fitch cut the ratings on the UK's Lloyds and Royal Bank of Scotland.

Economic and social analyses of cybercrimes

An analysis of the economic and social incentives considered by perpetrators of cybercrimes is developed in an new article by Coriolano de Almeira Camargo, of Almeida Camargo Advogados, and Renato Leite Monteiro, of Opice Blum Advogados Associados. They conclude that it is necessary to instigate cooperation among the different sectors of the society, aiming to reduce the incitements. Click here to read it.

Arbitration in Brazil

Marçal Justen Filho and Cesar A. Guimarães Pereira, of Justen, Pereira, Oliveira & Talamini - Advogados Associados, will discuss topics about Arbitration in Brazil at the conference held by Columbia International Arbitration Association, on October 19th, at 6:30 pm, at Columbia Law School (Jerome Green Hall, room 103).

Visit our new 'Magic Eye' page and boost your career

Migalhas International, with the support of executive search firms, brings the best career and professional development opportunities to its readers. We call this service the "Magic Eye". Click here to go to our special webpage and find your next lease on life.

  • Crumbs

1 - J&J didn't warn Levaquin riskier than rivals, lawyer argues - click here.

2 - EU court: ban on Internet sales can sometimes be justified - click here.

3 - Mother found guilty of force-feeding baby to death - click here.

4 - Apple wins battle to block Samsung tablets in Australia - click here.

5 - Bayer settles with Onyx over regorafenib cancer treatment - click here.

6 - Two Wal-Mart workers arrested, 25 people detained as China probes labeling - click here.

7 - Twitter will get "Tweet" trademark, settles lawsuit - click here.


100% Migalhas: www.migalhas.com


  • MiMIC Journal

China inflation moderates further

Inflation in China eases slightly but high prices, especially for food, remain a concern for the country's population.

  • Law Firm Marketing

Do you dare to be different with your marketing message?

by Tom Trush

Successful marketing requires attracting attention to your business.

Wouldn't you agree?

Fortunately, you have an advantage because you're different than your competitors -- you have unique characteristics. In some cases, these traits may naturally help you or your business stand out ... and that's a good thing.

After all, there's a strong chance you market to the same prospects as your competitors.

What's bad is marketing without making an effort to be different. When you copy your competitors' strategies, you instantly level the playing field. As such, you may as well stop marketing altogether because it becomes impossible to secure space in your prospects' minds -- you offer nothing on which they can base a buying a decision.

A positive differentiation, however, causes your prospects to perceive your product or service as being better.

Duplicating marketing strategies is common in all industries. For proof, open your newspaper and look at the ads for car dealers ... flip through your phone book and check out the dentist listings ... look through the letters in your mailbox from cable television or dish providers and review their offers... enter a keyword from your industry in a search engine and review some websites ...

Not only will many marketing pieces share a common look, but I guarantee you'll see similarities in the content. For example, how many times have you seen companies promote excellent customer service or tout having the best product?


To be different, you must try new approaches and take measured risks.

So how can you do things differently with your marketing message? Here are two quick suggestions:

1. Encourage interaction. One of my favorite ways to get prospects involved is through self-tests. For an example of this technique, review the following points:

  • Do you find yourself constantly preoccupied with getting new leads for your business?
  • Have you often tried marketing strategies (e.g., postcard campaigns, pay-per-click advertising, search engine optimization, social media, etc.) that seem to work for everyone else, but only create mental and financial frustration for you?
  • Do you attend networking events in the hopes of landing at least one new client … but only walk away with a bundle of new business cards?
  • Are you sick of waiting for your developer/designer every time you need a simple change or want to add new content to your website?
  • Do you find yourself frustrated because you know you should be marketing more, but you don't know where to focus your efforts – or even how to start writing a marketing piece?
  • Are you at the point where you don't think any effort you put into online marketing will work (and so far … nothing has), and now you're considering doing something a little more "proven"?
  • Do you feel if you did a better job at making your website more visible to prospects, you'd be more successful in other areas of your business – such as closing sales and growing revenue?
  • Do you find yourself coming up with excuses or other tasks each time you want to put a "sales" message in front of your prospects or past customers?
  • Have you ever tried affiliate marketing in the hopes of generating extra income and given up because you didn't see immediate results?
  • Do you ever wonder how you can attract the most qualified prospects without wasting your time and effort on driving to meetings or working the phones?
  • Are you sick and tired of trying to figure out creative ways to draw interest to your business so people take action on your offers?

2. Take ideas from other industries. Frankly, any marketing techniques you repeatedly see in your industry are likely tired and worn out. But you'll find new offers and ways to position your product or service when you study marketing materials from other industries.


© 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


Accionistas estadounidenses de el diario "El Universo", notificaron al Estado ecuatoriano sobre la existencia de una controversia en materia de inversión, en el marco del Tratado de Protección de Inversiones firmado entre Ecuador y EE.UU. La demanda es parte del juicio por difamación ganado por el presidente Rafael Correa contra el diario Universo. (Presione aquí)


La justicia de Guatemala declaró fugitivo al ex presidente Óscar Mejía y ordenó su arresto para enfrentar cargos de genocidio durante la guerra civil en este país centroamericano, que duró 36 años. (Presione aquí)

  • Brief News

Tymoshenko faces embezzlement inquiry

A verdict has finally been delivered in the trial of Yulia Tymoshenko, the former prime minister of Ukraine. Appeal is inevitable. It is possible that parliament will agree to decriminalise the sections of the criminal code under which Tymoshenko was charged. For a month, the authorities have been playing a game of grandmother's footsteps with the West, as they tried to avoid delivering a verdict. The trial itself was already an embarrassment. To try and discourage too many attendees, it was held in a tiny court, which became a packed circus. A young and inexperienced judge failed to defend principles of sub judice in the face of a stream of prejudicial comments from state officials. The authorities switched from one accusation to another before the trial. Worst of all was the failure to provide a smoking gun once they decided the main charge would be Tymoshenko's role in the gas price negotiations with Russia in 2009. Appeal is inevitable. It is possible that parliament will agree to decriminalize the sections of the criminal code under which Tymoshenko was charged. Now, Ukrainian investigators have opened a corruption inquiry into former leader Yulia Tymoshenko, two days after she was jailed for exceeding her powers. The new case is related to the activities of Tymoshenko's energy company 15 years ago. It is alleged she illegally transferred more than $400m of debt from her firm's books to the state. EU agreements will undercut the power of the corrupt ruling elite by slowly transforming and opening up the Ukrainian economy and society. But this is a false dilemma. Ukraine will never transform itself until its politics is right.

Insider trader Rajaratnam jailed

The founder of The Galleon Group is sentenced to 11 years in prison and fined $10m for one of the biggest insider trading cases in American history. Sri Lankan-born Rajaratnam was convicted of 14 counts of securities fraud and conspiracy charges in May after a two-month trial.

Rajaratnam may serve his time with Madoff

Rajaratnam's defense team asked that he serve his prison term at the Butner Federal Correction Complex in North Carolina. Bernie Madoff is currently the prison's most famous white-collar inmate.

DSK: French inquiry dropped

A French inquiry into attempted rape claims against ex-IMF chief Dominique Strauss-Kahn has been dropped. The prosecutor's office said the evidence suggested sexual assault - a less serious offence than attempted rape, with a shorter statute of limitations. Under French law, the statute of limitations for attempted rape is 10 years, but three years for sexual assault.

US trade deficit narrows to smallest in four months

The US trade deficit with the rest of the world narrowed in August to $45.61bn, the smallest gap in four months. US imports and exports both slowed in the month as the weakening in the global economy took hold. However, the politically-sensitive trade gap with China widened to a record high.

New downgrade for Spain's credit rating

Standard & Poor's cuts Spain's long-term credit rating and rival Fitch downgrades European banks, as G20 ministers gather in France for key economic talks.

Kirin wins Schincariol takeover court case

Japanese beermaker Kirin says it has been cleared by a court to buy a majority stake in family-run Brazilian brewer Schincariol. Kirin will spend $2.6bn on buying 50.45% of the beer and soft-drink maker, after an injunction halting the deal was overturned. Minority shareholders had said they should have been offered the stake.

Mladic to face single trial on war crimes charges

at the war crimes trial of the former Bosnian Serb commander Ratko Mladic have rejected the prosecution's request to split the indictment and organise two separate trials.

A tidy desk is a tidy mind

They say a tidy desk is a tidy mind - but do you need either to run a successful business? Or can a down and dirty approach sometimes help you clean up? Most of us seem to think that successful people have a clear vision - and a clear desk. But we also associate messiness with creativity - and successful business leaders usually need plenty of that. It seems that tidy minds and tidy desks don't necessarily go together, after all.

Berlusconi faces confidence vote

Berlusconi faces a key confidence vote amid questions over his handling of the economy and personal scandals.

Obama 2012 campaign raises $70m in third quarter

Obama has raised $70m towards his re-election bid in the third quarter of 2011, campaign officials say. The amount is less than his fundraising total for the previous quarter but higher than his $55m goal. Some Obama fundraisers were cancelled during the summer debt ceiling crisis.

Alleged Iran assassination plot may violate UN treaty protecting diplomats

An alleged Iranian plot to assassinate Adel al-Jubeir, Saudi Arabia's Ambassador to the US, may violate the UN Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, which Iran signed in 1978. The US Department of Justice announced on Tuesday that it had foiled the plot.

Kazakhstan president signs restrictive law to curb religious extremism

Kazakhstani president Nursultan Nazarbayev on Thursday signed into law a controversial bill dissolving religious organizations and requiring re-registration, drawing criticism from international observers. The bill dissolves current registrations and establishes a procedure requiring groups to meet membership thresholds—at least 50 members to register locally, 500 members to register regionally and 5,000 members to register nationally—in order to be able to re-register in the predominantly Muslim country. The law also limits where a person may worship and bans prayer rooms from government buildings altogether.

UN rights expert urges states to prevent violence against women

UN Special Rapporteur on Violence Against Women Rashida Manjoo appeared in front of the UN General Assembly Monday to urge states to fulfill their obligations to prevent violence against women. Presenting her report on the pervasive, widespread violence against women throughout the world and its causes and consequences, Manjoo reminded states of their international human rights obligation to protect women from all manifestations of discrimination, whether it be from violence, inequality or oppression.

Sudan to adopt Islamic constitution

Sudanese president Omar al-Bashir announced Wednesday that Sudan will adopt an Islamic constitution. The creation of an Islamic state, three months after the official split between Sudan and South Sudan, is intended to more accurately reflect the religious affiliation of its population, which is 98% Muslim now that the mainly Christian South Sudan is recognized as an independent country. This leaves the future of the more than one million South Sudanese living in Sudan, who have already been given until the spring to leave and are treated as foreigners, even more in doubt.

Foxconn to make iPads in Brazil, eyes $12bn plan

Taiwan's Foxconn confirmed it will start producing iPads in Brazil in December but is still negotiating a multibillion-dollar expansion plan in the country.

Ecuador president approves new antitrust law

Ecuadorian president Rafael Correa on Tuesday enacted an antitrust law, provisions of which further his conflict with the country's news media. The new law specifically bars news media owners and bankers from holding financial stakes in other industries and generally bars companies from establishing a monopoly in any industry. The law provides until July 2012 for media owners and bankers to divest their interests in other industries with those in violation facing the possibility of a fine based on the amount of their investments.

Bacardi can face suit over woman's bar burns: court

The woman says she sustained severe burns at Brother Jimmy's BBQ, in Manhattan, when a bottle of Bacardi 151 rum caught fire and shot flaming liquid onto her. Sclafani's lawsuit contends that Bacardi either knew or should have known that its rum was frequently used for fiery displays and that the removable flame arrester was poorly designed.

Apple wins temporary Samsung tablet ban in Australian court

The firms have been locked in an acrimonious battle in 10 countries since April, with the latest dispute centering on touch-screen technology used in Samsung's new tablet.

  • Daily Press Review

Insider trader sentenced to 11 years in US
Al Jazeera, Doha, Qatar

Al-Assad regime trying to discredit Syrian opposition – Burhan Ghalioun
Asharq Al-Awsat, Pan-Arab daily, London, England

Jordan Islamists hail Hamas-Israel deal 'victory'
Egyptian Gazette, English-language, Cairo, Egypt

Report: Saudi officials warned of Iran plot to attack Israel embassy in Aregentina
Haaretz, Liberal daily, Tel Aviv, Israel

Twenty killed in renewed fighting in Syria
JPost, Conservative, Jerusalem, Israel

Energy firms' profit margins soar
BBC News, Centrist newscaster, London, England

Bangkok digs in against floods
CNN International, London, England

Nato soldier killed by insurgents
Daily Express, Conservative tabloid, London, England

Thieves break into monastery to steal ancient relic from cross on which 'Jesus died'
Daily Mail, Conservative daily, London, England

Katherine Jenkins on why her wedding to Gethin Jones will have to wait
Daily Mail, Conservative daily, London, England

Liberia's Johnson-Sirleaf ahead on early vote count
EuroNews, International news, Ecully Cedex, France

EUROZONE: Spain's rating cut as Slovakia ratifies euro bailout fund
France 24, Issy-les-Moulineaux, France

S&P lowers Spain's debt rating a notch to 'AA-'
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Syria upheaval halts race to reveal secrets of ancient fort
Independent The, London, England

Skolkovo goes futuristic
Moscow News The, Independent, Moscow, Russia

Oliver Letwin: what was in the 100 documents he discarded?
Telegraph The, Conservative daily, London, England

Mick Jagger swamped by fans on trip to Peru
Telegraph The, Celebrity news, London, England

Pracha: Bangkok won't be flooded
Bangkok Post, Independent, Bangkok, Thailand

Traditional industries to bear the brunt of US-Korea FTA
China Post, English-language daily, Taipei, Taiwan

How Currency Swap Deal with the U.S. Can Benefit Korea
Chosun Ilbo, Conservative daily, Seoul, South Korea

Strong earthquake strikes off Papua New Guinea
Hindustan Times, New Delhi, India

Metro cities on high alert
India Times, Conservative daily, New Delhi, India

'Everyday Life/Hidden Reasons'
Japan Times, Independent centrist, Tokyo, Japan

Tyrannosaurus Rex grew bigger and faster than believed
New Zealand Herald, Conservative daily, Auckland, New Zealand

Obama says commitment to South Korea's security, defense will never waver
People's Daily Online, English-language, Beijing, China

Papua New Guinea jolted by 6.7 quake
Straits Times, Pro-government, Singapore

Where to rent in Sydney
Sydney Morning Herald, Centrist daily, Sydney, Australia

France forwards hatch a plan to stop Wales
Taiwan News, English-language daily, Taipei, Taiwan

China Vice-Premier Li: Global risks rising
The Economic Times, Business, Mumbai, India

Occupy Wall Streeters scramble to clean up park
Canadian Broadcasting Centre, Toronto, Ontario

Italy's Berlusconi faces crucial confidence vote
Globe and Mail The, Centrist daily, Toronto, Canada

BHP to Launch Global Ore Trading System By Year End
International Business Times, Business news organization, New York, U.S

U.S.: Congress Passes Controversial Free Trade Agreements
IPS Latin America, International cooperative of journalists, Rome, Italy

European shares set for stronger open
Reuters, Business News, New York, U.S

Thai PM confident Bangkok will escape worst of floods
Reuters, World News, New York, U.S

Was he a World War II vet? Death of Danforth legend leaves mystery
Toronto Star, Toronto, Ontario

Kenya hunts aid workers' captors
BBC News, Centrist newscaster, London, England


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