January 27, 2012 nº 1,137 - Vol. 10

"Age wrinkles the body. Quitting wrinkles the soul."

Douglas MacArthur

In today's Law Firm Marketing, 7 mistakes that get your autoresponder e-mails trashed.


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


Get Migalhas International on your mobile

You can now read the newsletter on your mobile device, through migalhas.com/mobile mobile site. The content of the main sections is the same as that found on the newsletter, but optimized for small-screen displays on mobile devices. Migalhas International Mobile, advancing legal news.

  • Top News

If required by law, Twitter says now ready to censor

Twitter now says it has the technological ability to censor individual tweets or accounts in different countries. It hasn't yet pulled the trigger but the company said that it will be able to remove content under the laws of another country. Those posts would still be viewable to Twitter users outside of those countries. "As we continue to grow internationally, we will enter countries that have different ideas about the contours of freedom of expression. Some differ so much from our ideas that we will not be able to exist there. Others are similar but, for historical or cultural reasons, restrict certain types of content, such as France or Germany, which ban pro-Nazi content." Until now, Twitter's only recourse was to remove content globally - or ignore the request entirely. The announcement triggered a torrent of worried speculation on the service with many users expressing concerns about the very same technology that proved so valuable a tool in helping keep alive protest movements in the Middle East over the past year. Several people posed the hypothetical scenario where a regime facing revolution might issue a decree outlawing tweets. In that situation, would Twitter turn off the cyber spigot? That's a natural - albeit, perhaps exaggerated - fear.

Brazil bank warns of possible rate cut

Brazil's central bank made an unusually forthright statement on interest rates Thursday, saying the benchmark Selic rate could be lowered to single digits after a sharp slowdown in domestic economic growth in the second half of 2011. The Brazilian central bank has been very aggressive in responding to the global economic slowdown, reversing course sharply last August to embark on a series of interest-rate cuts. While more reductions were expected, the boldness of Thursday's remarks left market participants reeling.

Email disclaimers proliferate, but some question purpose

Email disclaimers, those wordy notices at the end of emails from lawyers, bankers, analysts, consultants, publicists, tax advisers and even government employees, have become ubiquitous—so much so that many recipients, and even senders, are questioning their purpose. Who reads them? They are like the modern-day mattress tag. Has anyone ever been arrested for tearing them off? Emails are becoming bogged down with unwanted information. They often now include automatic digital signatures with a sender's contact information or witty sayings, pleas to save trees and not print them, fancy logos and apologies for grammatical errors spawned by using a touch screen. A series of disclaimers, disclosures and certifications the research firm of investment bank Nomura Group attached to a Jan. 20 Federal Reserve report emailed to clients ran 2,578 words, including noting that opinions expressed in the email "are subject to change without notice." A Nomura spokesman said its disclosures and disclaimers "ensure the market has full transparency regarding our analysts' views and the nature of the work they undertake." Some disclaimers warn of the potential dangers of the digital medium. "Internet communications are not assured to be secure or clear of inaccuracies as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses," says a Baker & Hostetler LLP disclaimer, announcing that the law firm accepts no responsibility for "any errors or omissions" in emails or attachments. A spokeswoman for the firm declined to comment. The staple email disclaimer from financial services firm Morgan Stanley alerts recipients that, among other things, contents of the message aren't intended to be advice "within the meaning of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act." A Morgan Stanley spokesman, in an otherwise brief email capped off with the firm's 130-word disclaimer, declined to comment. Some lawyers say the disclaimers have value, alerting someone who receives confidential, proprietary, or legally privileged information by accident that they don't have permission to take advantage of it. Others, including lawyers whose email messages are laden with them, say the disclaimers are for the most part unenforceable. They argue that they don't create any kind of a contract between sender and recipient merely because they land in the recipient's inbox. It's largely untested whether email disclaimers can hold up in court and at least one ruling on the matter was mixed.

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 - As I.P.O. looms, Facebook halts clearing of trades - click here.

2 - Guandique jurors knew of Chandra Levy case - click here.

3 - Senate investigating HSBC for money laundering - click here.

4 - Woman's marriage scam nets probation - click here.

5 - Dotcom's co-accused granted bail - click here.

6 - Kodak replaces chief restructuring officer - click here.

7 - 5 unique career paths for Law school grads - click here.


100% Migalhas: www.migalhas.com


  • Law Firm Marketing

7 mistakes that get your autoresponder e-mails trashed

by Tom Trush

The autoresponder can transform any lifeless website into a lead-generating engine that continuously drives your marketing message in front eager prospects -- whether you're sitting at your desk or poolside under a cabana at a Caribbean resort.

After all, once you set up a series of e-mails, you're done.

Sure, you must get traffic to your website or squeeze page so prospects opt-in to your list. But once they become subscribers, you can personalize your marketing message and automate its delivery over a set period of time.

(If you're not familiar with autoresponders and how they work, click here to watch a 5-minute video)

The benefits of using autoresponders seem almost too good to be true, especially considering the minimal investment they require (some services even let you set up free campaigns). Unfortunately, their simplicity leads many to overlook important factors that can result in your e-mails finding a permanent place in the trash bin.

Below are 7 common mistakes that cause autoresponder e-mails to get ignored. You'll notice some of these mistakes can also apply to your everyday e-mails.

Mistake #1: Flubbing the From section. Don't include anything but a person's name in the From section of your e-mails. Have you ever seen a company, product or publication write and send an e-mail? Of course not ... e-mails are personal because they're written and read by people.

Mistake #2: Snubbing your subject line. Like your From section, a company, product or publication name in your Subject lines does little to get your e-mails opened. Dedicate the same attention to your Subject lines as you give to headlines -- create curiosity, deliver news and stress benefits.

Mistake #3: Crafting a corporate essay. Write in simple, easy-to-understand English. Your e-mails are no different than one-on-one conversations, so mimic the way you speak. Provide plenty of breaks in your copy (yes, one-sentence paragraphs are fine), use short words and sentences, and present questions to encourage interaction.

Mistake #4: Sending only to sell. Of course, you'll occasionally have a product or service you want to promote in an e-mail. But first deliver valuable content to prove to your subscribers that what you send them is worth reading. That way they'll look forward to seeing your name in their inbox.

Mistake #5: Muddling your message with graphics. To many people, an e-mail heavy with graphics is an instant sign of a sales message. What's more, some images and formatting can make your text difficult to read. So keep your autoresponder e-mails as visually simple as the e-mails you send to friends and family.

Mistake #6: Overlooking a call to action. Never assume your subscribers know what to do next. Whether you want them to read another article, visit your Facebook page, send you questions or click a buy button, make sure the next step is clearly stated.

Mistake #7: Sending off-topic e-mails. If your subscribers signed up for bird bath cleaning tips, don't expect them to respond to your latest offer for designer dog sweaters. You'll lose the credibility you built in previous messages the instant an off-topic e-mail hits a subscriber's inbox.

And, finally, when deciding on topics for your next autoresponder series, keep your ears open What questions do you often hear? What keeps your prospects up at night? What's getting mentioned in the media?


© 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.


Tell your friends and colleagues you've read it in Migalhas International


  • Historia Verdadera


El Banco Icbc - Industrial y comercial de China, el mayor banco del mundo por valor de mercado, iniciará operaciones en Perú en el primer semestre del 2012, dijo el regulador bancario local. El interés del Icbc se da ante el panorama optimista para la economía peruana y la solidez de su sistema financiero.

Venezuela x CIADI

Venezuela abandonó un tribunal del Banco Mundial donde enfrenta demandas por hasta US$45.000 mlls., por la nacionalización de activos extranjeros, días después de que el mandatario Hugo Chávez dijera que desconocería cualquier fallo que adoptara esa corte. (Presione aquí)


El grupo suizo Amera, que en Chile participa a través de Armat, estudia abrir una nueva línea de producción de cospeles para la fabricación de monedas en el país, utilizando la tecnología de electrochapeado, la cual es empleada por distintos países de Sudamérica. (Presione aquí)

  • Brief News

BP must cover some Transocean liabilities for oil spill

US District Judge Carl Barbier said that Transocean was shielded by its contract with BP from having to pay many pollution claims. But Transocean must cover its own legal fees and is not exempt from paying punitive damages and civil penalties. He also said Transocean is responsible for claims that are directly related to pollution caused by its rig. A trial on damages from the oil spill will begin next month.

Second Circuit allows Ecuador court's $18bn judgment against Chevron

The US Court of Appeals for the Second Circuit on Thursday lifted an injunction won by Chevon Corporation to block enforcement of what the US oil company claims is a fraudulent, multibillion-dollar judgment in Ecuador for polluting the Amazon jungle. In reversing the decision made by the US District Court for the Southern District of New York, the Second Circuit held that Chevron may not challenge the approximately $18bn Ecuadorian judgment against it before enforcement of that judgment has actually been sought by the Ecuadorian plaintiffs.

Chevron to face criminal charges over Brazil spill

A Brazilian prosecutor plans to file criminal charges against Chevron Corp and some of its local managers within weeks, adding the threat of prison sentences to an $11bn civil lawsuit as punishment for a November offshore oil spill. The filing will likely include a request for criminal indictment of George Buck, CEO of Chevron's Brazil unit and some Transocean Ltd, whose rig was used in the operation employees of Transocean Ltd in Brazil, whose rig was used in the operation.

Argentina Senate condemns Cameron's Falklands statement

Argentina's Senate has condemned a statement by the UK prime minister in which he criticized Argentina's attitude towards the Falkland islands. Buenos Aires has accused Britain of breaking a United Nations resolution forbidding unilateral development in disputed waters, by beginning oil drilling under a seabed off the Falkland Islands. In a statement, the Senate's Foreign Relations Committee said they condemned "any acts of exploration or exploitation of natural resources in the illegally occupied territories by foreign powers, such is the case of the Falklands". The senators said "the Argentine Parliament and all related political forces demand that the United Kingdom starts accepting the UN resolution over the Malvinas matter". The legislators insisted their claim over the islands will be sought via diplomatic channels only.

PIP breast implant boss charged

The owner of a French breast implant maker that sparked a safety scare has been charged with "involuntary injury." PIP - Poly Implant Prothese founder Jean-Claude Mas has been arrested in a manslaughter case - and freed on bail of 100,000 euro ($130,000). In 2010, France banned PIP implants made with the low-grade silicone, amid fears they could rupture and leak. Up to 400,000 women in 65 countries are believed to have been given implants. No increased risk of toxicity has been reported, but the implants are at greater risk of rupturing. Mas told police in an interview last year that PIP had deceived European safety inspectors for 13 years. But he has insisted they posed no threat to health and attacked the French authorities for offering to pay for their removal because it put women through a "surgery risk". He also said he had "nothing" to say to women facing surgery for their removal and that victims had only filed complaints "to make money".

Cocaine seized at UN headquarters in New York

A bag containing 16kg (35.5lb) of cocaine was found at the United Nations headquarters in New York last week. The drugs were in a bag printed with a poorly imitated version of the UN symbol which arrived at the organization’s mailroom, setting off a security alert. Neither the UN nor anyone located at its headquarters was the intended recipient of the shipment.

Ranbaxy settlement with FDA goes to court

The US Justice Department has filed a proposed settlement with India's biggest drugmaker, Ranbaxy Laboratories, in a federal court in Maryland. In December, Ranbaxy agreed to changes at its manufacturing plants in the US and India. It came after the US FDA - Food and Drug Administration said Ranbaxy plants did not meet standards. It has barred the company from bringing up to 30 different drugs into the US. However, the legal proceedings do not affect the US sale of Ranbaxy's generic version of the best-selling drug in the world, cholesterol pill Lipitor. The FDA gave the firm approval for the generic version in November, after US company Pfizer's patent expired.

EU adopts Iran oil imports ban

European Union foreign ministers have formally adopted an "unprecedented" oil embargo against Iran over its nuclear program, banning all new oil contracts with the country. They also agreed a freeze on the assets of Iran's central bank in the EU. The EU currently buys about 20% of Iran's oil exports.

The public respects civility, but rewards rudeness

The flap involving Arizona Gov. Jan Brewer and President Obama is the latest example of politicians behaving badly. Behavior that would have been seen as inappropriate in earlier eras now is viewed as principled confrontation. Like other types of behavior, political rudeness spreads in ways that permeate the culture. People don't know where to draw the lines, so they end up snacking in church, texting during weddings and wagging fingers at a president. While everyone pays lip service to the idea of civility, few will castigate a politician for being impolitic. Instead, the media always show some love for confrontation, while constituents may well reward a politician for taking an aggressive stance against another politician they don't like. "We as Americans don't just see the people on the other side as having different views, but as evil!"

Romania constitutional court rejects controversial election law

The Constitutional Court of Romania on Wednesday ruled that a law allowing local and parliamentary elections to be held at the same time is unconstitutional. The Romanian Parliament passed the law in December, but objections from opposition leaders and anti-government protesters followed. The opposition argued that the law would facilitate fraud, cheating and confusion in the election process, while the government claimed the law would cuts costs by permitting one ballot for two elections. After the ruling, Romanian President Traian Basescu defended his administration amid protests against the government's education, justice, criminal and economic policies.

FBI plans social network map alert mash-up application

The FBI is seeking to develop an early-warning system based on material "scraped" from social networks, including Twitter and Facebook. It says the application should provide information about possible domestic and global threats superimposed onto maps "using mash-up technology". The bureau has asked contractors to suggest possible solutions including the estimated cost. Privacy campaigners say they are concerned that the move could have implications for free speech.

South Carolina appeals order blocking portions of immigration law

South Carolina Attorney General Alan Wilson has filed an appeal in the US Court of Appeals for the Fourth Circuit asking the court to overturn the decision to block provisions of the state's new controversial immigration law. The state is asking the court to overturn the district court ruling blocking two provisions of the law and to allow the entirety of the law to take effect. The request comes after a judge for the US District Court for the District of South Carolina placed a hold on the lawsuit over the immigration law pending the outcome of a similar case to be heard by the US Supreme Court. The Supreme Court agreed in December to rule on Arizona's controversial immigration law granting certiorari in Arizona v. United States to determine if Arizona's law is preempted by federal law. The South Carolina law was scheduled to take effect on January 1.

  • Daily Press Review

Jonathan urges Boko Haram to state demands
Al Jazeera, Doha, Qatar

Ahmadinejad says Iran ready for nuclear talks
Asharq Al-Awsat, Pan-Arab daily, London, England

'Mashaal won't seek new term'
Egyptian Gazette, English-language, Cairo, Egypt

Israeli, Palestinian negotiators clash in Jordan meeting
Haaretz, Liberal daily, Tel Aviv, Israel

France: UN Security Council to meet on Syria
JPost, Conservative, Jerusalem, Israel

Outrage at RBS boss's bonus deal
BBC News, Centrist newscaster, London, England

U.S. Republicans clash in Florida debate
CNN International, London, England

Campaigners burn Australian flag
Daily Express, Conservative tabloid, London, England

Winter's coming with a vengeance... and the big freeze could last a month
Daily Mail, Conservative daily, London, England

Stunning as always: Keira Knightley turns in a great performance as Anna Karenina
Daily Mail, Conservative daily, London, England

How is Europe coping with the financial crisis?
EuroNews, International news, Ecully Cedex, France

FRENCH POLITICS: First Obama, now Hollande makes case for fiscal fairness
France 24, Issy-les-Moulineaux, France

Obama draws on five themes of American unity
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

'I pray for justice for my son,' says retired nurse Sammie Stanford
Independent The, London, England

Russia tied up in Iranian oil standoff
Moscow News The, Independent, Moscow, Russia

Vince Cable: footballers deserve lavish pay, bankers don't
Telegraph The, Conservative daily, London, England

Michael Jackson immortalised in cement
Telegraph The, Celebrity news, London, England

PT won't change Section 112
Bangkok Post, Independent, Bangkok, Thailand

Wu refuses to speculate on reshuffle of Cabinet
China Post, English-language daily, Taipei, Taiwan

The Fickle Fates of the Mobile Phone Industry
Chosun Ilbo, Conservative daily, Seoul, South Korea

Gates puts up $750 mn to save global health
Hindustan Times, New Delhi, India

A one-room 'university' in Delhi
India Times, Conservative daily, New Delhi, India

Conrad Tokyo offers beauty plan
Japan Times, Independent centrist, Tokyo, Japan

Aboriginal advocates burn Australian flag
New Zealand Herald, Conservative daily, Auckland, New Zealand

Gold further hikes on weaker dollar, inflation fear
People's Daily Online, English-language, Beijing, China

Shoe said to be lost by Gillard as she fled protest put on eBay
Straits Times, Pro-government, Singapore

Australian flag torched
Sydney Morning Herald, Centrist daily, Sydney, Australia

US: Hollywood lobbying group seeks dialogue after Google and Wikipedia's influential protests against SOPA
Taiwan News, English-language daily, Taipei, Taiwan

EU urges Greek debt deal to be reached without delay
The Economic Times, Business, Mumbai, India

Shafia accused saw deceased as 'diseased limb'
Canadian Broadcasting Centre, Toronto, Ontario

The dangers of decentralization
Globe and Mail The, Centrist daily, Toronto, Canada

Rupee Soars; Touches a New High
International Business Times, Business news organization, New York, U.S

BRAZIL: Community Radio Flourishes Online
IPS Latin America, International cooperative of journalists, Rome, Italy

Asian stocks pause after rallying on Fed
Reuters, Business News, New York, U.S

Two Uighurs deported from Cambodia to China get life
Reuters, World News, New York, U.S

DiManno: Evidence in Shafia murder trial 'overwhelming,' Crown tells jury
Toronto Star, Toronto, Ontario

Boko Haram urged to state demands
BBC News, Centrist newscaster, London, England


How are we doing?

We would like to hear from you how we perform. What you like and what we should change or add… Send us an email; we aim to please!

Tell your friends and associates…

to subscribe to Migalhas International! www.migalhas.com

Express yourself

Want to share your opinion, your experience, your questions? You are welcome to do so. This forum is yours. Please contact the editor: michael@migalhas.com


We welcome information about your events or conferences to come. Please contact the editor.


Become a sponsor. Spread your name in the business and legal spheres around the world in Migalhas International.


To subscribe: Register your name and your address at https://www.migalhas.com

To unsubscribe: Send your name and e-mail address to in the subject line. We will remove your name soonest.

Address changes: If you want to continue to receive Migalhas International, please make sure we have your current e-mail address.


Michael Ghilissen, editor: michael@migalhas.com

Miguel Matos, publisher: miguel@migalhas.com.br

Please feel free to send your comments, questions and suggestions to the editor.

Your comments

We always welcome information, articles, testimonials, opinions and comments about something you've read in Migalhas International. Please forward your contributions to the editor.


When you add your name to Migalhas International, you can be sure that it's confidential. We do not share, trade, rent or sell this list. Our "privacy policy" contains no fine print. No one gets our list. Period. Your e-mail address is safe with us.

Sharing Migalhas International

If you'd like to share this Migalhas International with friends and colleagues, feel free to forward this issue including the copyright notice. Or, invite them to subscribe so they receive their own Migalhas International every week.


The content of the Migalhas International newsletter is edited for purposes of news reporting, comments and education from several sources, including: The New York Times, The Wall Street Journal, The Boston Globe, The London Times, Le Monde, Frankfurter Allgemeine, The Financial Times, Radio Netherlands Worldwide, Google News, International Herald Tribune, Paper Chase (jurist.law.pitt.edu), The World Press Review: https://www.worldpress.org, Forbes, Fortune, Time, Newsweek, Harvard Business Review, American Bar Association, American Lawyer Media, FindLaw.com, The National Law Journal, Reuters, Associated Press, Internet Business Law Services, Folha de S. Paulo, O Estado do S. Paulo, Lexis Nexis, West Law, CNN, The Globe and Mail, The Los Angeles Times, Wikipedia and more.

Fair use notice

This newsletter contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of legal, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material in this newsletter is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

The messages that appear in this newsletter are for informational purposes only. They are not intended to be and should not be considered legal advice nor substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction.

Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information contained on this list may or may not reflect the most current legal developments.


Copyright 2012 - Migalhas International