February 17, 2012 nº 1,145 - Vol. 10

"Never be afraid to try. Remember... Amateurs built the ark;

professionals built the Titanic."

In today's Law Firm Marketing, Success: identify your objective, plan the future, make it happen.


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.

It's Carnaval! Have fun!

As you know, this weekend Brazil starts to celebrate one of the biggest parties in the world: "Carnaval", considered the most important and popular festivities of the year.
Migalhas International will not be published next Monday and Wednesday, as most of our services will be closed for the Carnaval break. We wish everyone a great time: sing, dance and celebrate to your heart's content!

  • Top News

UN calls for ratification of ban on child soldiers

The UN envoy for Children and Armed Conflict on Monday urged all nations to ratify a treaty protocol that would criminalize recruitment of child soldiers and set the minimum age of recruitment at 18. The Optional Protocol on the Involvement of Children in Armed Conflict of the Convention on the Rights of the Child seeks to prevent children from taking part in conflicts. In a statement timed to coincide with the 10th anniversary of the Optional Protocol, the Special Representative of the Secretary-General for Children and Armed Conflict Radhika Coomaraswamy, pleaded that all states must ratify the Protocol: "Every country, big or small, with or without a standing army, at peace or in conflict, has a role to play in abolishing the inhumane practice of recruiting and using children in war." The treaty protocol has already been ratified by about three quarters of UN member states and needs ratification in an additional 49 states to make the protocol universal.

HRW calls for reduction of Latin America prison population

HRW - Human Rights Watch on Thursday called for the reduction of overcrowding to improve poor prison conditions in Latin America following a prison fire in Honduras. The fire occurred this past Tuesday and killed more than 300 inmates while injuring dozens more. According to HRW, Honduras prisoners suffer overcrowding which leads to poor prison conditions including inadequate nutrition and sanitation, all leading to the tragic result earlier this week. Americas Director at HRW, Jose Miguel Vivanco, stated, "The tragic deaths of hundreds of inmates, one of the worst incidents of its kind in the region, are ultimately the result of overcrowding and poor prison conditions, two longstanding problems in Honduras." According to local press, Honduras has 24 prisons with a total capacity of 8,000. These prisons currently hold 13,000 prisoners, well over capacity.

Oklahoma senate passes bill granting personhood to the unborn

The Oklahoma Senate on Wednesday voted to pass a bill that defines life as beginning at the moment of conception. The bill passed 34-8 and will advance to the State House for consideration. If passed, the bill would effectively ban abortions in the state. Oklahoma Senator Brian Bingman (R), a co-author of the Bill, said its passage made a "loud clear statement" about Oklahoma's position in the abortion debate. The bill is designed to expand all personhood rights to the unborn: "The life of each human being begins at conception;...The laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development all the rights, privileges, and immunities available to other persons, citizens, and residents of this state."

A new partner for the financial market

Daniel Lopes Monteiro joined Araújo e Policastro Advogados, as a new partner in charge of the Financial Market segment at the Sao Paulo law firm. Daniel Lopes Monteiro has solid experience in banking and capital markets, advising clients on securities issues, investment fund, structured finance, regulatory issues related to capital markets and corporate reorganizations.

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 - Brazil: Slowly but surely, the president is making her mark on the government - click here.

2 - Brazil: Newspaper editor Paulo Rodrigues shot dead - click here.

3 - Russia: Toys cannot hold protest because they are not citizens - click here.

4 - Russia: Vladimir Putin on trial in spoof video - click here.

5 - Italy: Prosecutors launch appeal against Amanda Knox acquittal - click here.

6 - Japan: Former executives, bankers arrested over Olympus fraud - click here.

7 - US: Kellogg wins Pringles after Diamond deal falls apart - click here.


100% Migalhas: www.migalhas.com


  • MiMIC Journal

Alibaba said to plan to take Alibaba.com private for close to IPO price

Alibaba Group Holding Ltd. plans to privatize its Alibaba.com Ltd. unit in a deal that may value the Hong Kong-listed company at as much as $8.7 billion, according to two people with knowledge of the matter.

  • Law Firm Marketing

Success: identify your objective, plan the future, make it happen

by Linda Julian

Former French President, Charles de Gaulle, once said "success is a matter of identifying your objective, planning the future, then making it happen".

Yet too many professional service firms still talk endlessly about their strategy, mission, vision, value proposition, and differentiation in ways that do little to create purposeful action.

Professionals and firms with strong strategic intent have and can clearly articulate their "big picture" aspirations for the longer term.

They then set about keeping or acquiring the resources and capabilities necessary to achieve those aspirations. Their strategic intent is sufficiently broad to adapt to changing circumstances and every so often they take a reality check. The best are highly opportunistic, alert to possibilities, and remain flexible.

Professionals have more than ordinary ability to create or influence their own future, both individually and collectively within firms. Each has a range of alternative possible futures, some far better and more appealing than others.

Purposeful action to bring about an interesting and worthwhile tomorrow is central to engagement and rewards. Not only is getting into the driver's seat more satisfying than being a career "passenger", but the driver has much more influence over direction and destination than those in the back seat.

In the professional services sphere, a strategic goal of simply being more profitable or bigger may be achievable, but it's an unlikely foundation for sustained success. If your real (but probably unspoken) strategic intent amounts to little more than making current partners richer, it may well (and understandably) be difficult to galvanise non-partners in pursuit of that objective.

Professionals and up-and-coming stars are far more likely to be propelled into positive action around aspirations to be:

  • preeminent in something

  • widely known as truly excellent in a specific area

  • involved in the most interesting projects, deals, and developments

  • working with the most sought-after clients in a particular industry or activity.

It is both unrealistic and unwise to ignore today's performance and work solely on the long-term. The best strategy in action involves thinking and acting across multiple time horizons: now, soon, later, and eventually. Your strategic portfolio should comprise initiatives which deliver results in early-, mid-range, and longer time frames.

Too many confuse strategic health with financial health -- although they're linked.

Financial success is an excellent indicator of past performance. We all know that cost-cutting is one method to improve short-term financial results. But most often, long-term results are the product of investment in capabilities and reach into markets.

  • what is the reputation and standing of the organisation ?

  • how will my/our profile be improved by association ?

  • do we have high relevance to the target association ?

  • is it a "natural fit" ?

  • aside from any expectations about getting work, is there a sufficient business case to join ?

  • what motivates others to join ?

  • if we have work to refer, are these the people and firms we'd want to send it to ?

  • do we have sufficient work to refer for the recipients to sit up and take notice ?

  • if overseas conferences or interesting events are part and parcel of the connection, when the time comes around to participate, will we have the availability and still feel it's a good use of our money ?

  • how will we keep the connections active between meetings ?

  • do they want me/us as members and why ?

There's an inevitable tension between short-term financial goals and long-run practice outcomes. Well-conceived strategy balances current and future performance, investing in sensible and thought-through initiatives with payoffs over all timeframes (including early indicators of later success).

As the old saying goes, success is far more likely when opportunity meets preparedness. The strategically effective get a clear fix on what they want to achieve, organise to do it, and get into action.

If we can help you to formulate and reality test strategy, set clear objectives, assemble the resources you need, mobilise purposeful action, and make it happen, please get in touch.


© 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


Ecuador podría no firmar un contrato de operación del proyecto de oro Fruta del Norte con la minera canadiense Kinross, dijo el jueves el ministro de Recursos Naturales no Renovables, Wilson Pástor.

Brasil – México

Brasil quiere zanjar rápidamente una disputa sobre el comercio de autos con México, renegociando un acuerdo que boicotea sus esfuerzos por proteger una industria clave para la recuperación de su economía.


Mitsubishi Corp pagará entre US$ 761,04 mlls. a US$ 887,87 mlls. para quedarse con un 18,1 % de la mina de cobre Quellaveco en Perú, controlada por Anglo American. Ambas empresas operarán en conjunto la mina, que se espera comience a producir en el 2016.

  • Brief News

Italy plans to tax the church on commercial property

Over the years, the Italian government has quietly passed scores of laws that benefit the Roman Catholic Church, but it is rare for it to issue a public statement announcing that it intends to strip the church of privileges. The government of Prime Minister Mario Monti took that step on Wednesday, telling the European Commission that it would change Italian law to ensure that the church pays property tax on the parts of its buildings used for commercial ends. The church owns vast amounts of property in Italy, and the move is aimed at making sure that convents that offer bed-and-breakfast services or church buildings that rent space to shops pay their share of taxes.

Law firms face 'uncertain' prospects in 2012

Law firms are facing "a year of challenge and uncertainty" in 2012, forcing them to scramble to find innovative solutions in the face of soft demand and increasing costs, according to a new report. The revenue dynamics will likely not be as dire as 2009, but we have yet to see firms address the current pressure on expenses. Last year began with early signs of recovery in the legal market, but growth in demand for legal services slowed during the latter half of 2011, particularly in corporate and transactional practices, the report found. Overall, the legal industry ended 2011 with only modest growth in demand compared to 2010, and productivity actually declined, according to the report. And it seems unlikely that demand will skyrocket in the near future -- creating an uncertain environment for law-firm leaders already grappling with client pushback against fee increases. Overall, firm profitability is expected to grow modestly in 2012, and this year may prove to be even more challenging than 2009, the report found.

UN assembly adopts Syria motion

The UN General Assembly has voted in favor of a resolution condemning human rights violations in Syria and calling for an end to the violence. The Arab-backed initiative, which also calls on President Bashar al-Assad to resign, is the latest of several attempts to bring an end to the crisis. Syria said the move would only worsen the crisis and encourage "terrorists".

Murdoch in UK to tackle Sun arrests fallout

Rupert Murdoch, the chief executive of News Corporation, has arrived in London to take charge of the latest crisis involving one of his newspapers. Ten current and former senior staff at The Sun have been arrested since November in connection with alleged corrupt payments to public officials. It follows anger at the way in which the News Corporation's Management and Standards Committee set up to investigate allegations of wrongdoing at the Sun passed on information to the police. The National Union of Journalists has said news organizations have a duty to protect their sources, and is considering a legal challenge to the company.

Patents: Apple wins over Motorola in 'slide-to-unlock' ruling

Apple has won a patent dispute against Motorola Mobility regarding a "slide-to-unlock" feature on smartphones. The judgment marks Apple's first patent victory over Motorola in any part of the world. The ruling could affect patent disputes involving Android device makers worldwide. Motorola said it planned to appeal and the judgment would have "no impact" on supply or future sales.

Bankrupt archdiocese tries to limit abuse claims

Archdiocese of Milwaukee is not the first to file for bankruptcy, but it has been the most aggressive in trying to persuade a judge to wipe out many of the financial claims made by abuse victims.

European Court of Justice blocks net-filtering bid

A social network cannot be required to install an anti-piracy filtering system, the European Court of Justice (ECJ) has ruled. Belgian music royalty collecting firm SABAM wanted the social network Netlog to stop users infringing copyright. But the court said the filtering required would contravene rights to freedom of business, personal data and freedom of information. The judgement could have consequences for similar cases across the EU.

German president's loan row grows

Prosecutors in Germany have asked the federal parliament to lift President Christian Wulff's immunity over an escalating home loan scandal. The prosecutors in Lower Saxony, where Wulff was previously premier, said there was an "initial suspicion" that he improperly accepted benefits. He has also been accused of trying to bully a paper not to run the story. The president - whose primary role is to serve as a moral authority for the nation - denies any wrongdoing.

BYOD: End of the road for the work PC?

Tablets, smartphones and budget cutting mean more of us will be using our own devices at work - whether we like it or not. Where this happens the company might cover either all or part of the expense, on the understanding that the employee also purchases a support package. Or it might simply provide software to allow employees to access a virtual desktop on their own devices. Most schemes allow for access via a virtual private network or similar software application to ensure that data was held securely on the company servers. A survey by Cisco found that although 48% said their company would never authorize employees to bring their own devices, 57% agreed that some employees use personal devices without consent. And 51% said the number of employees bringing their own devices to work is on the rise. By the end of 2013, approximately 33% of business intelligence will be consumed from a mobile device, which is just remarkable given a couple of years ago the number was zero. One thing seems sure: companies have to make decisions about how they are going to handle employee demands to use their own devices, or risk devices being used on the network without their knowledge.

ICTY delays Mladic trial

The ICTY - International Criminal Tribunal for the former Yugoslavia on Thursday delayed the trial of former Serbian general and alleged war criminal Ratko Mladic, setting a new start date of May 14. The previous start date for the trial was March 27. The delay was ordered after Mladic's defense lawyers argued they needed more time to sift through thousands of pages of evidence. The prosecution alone intends to present approximately 27,906 exhibits throughout the course of its case.

Prosecutors ask Roman court to try Italy ex-PM Berlusconi for tax evasion

La Procura di Roma, the public prosecutors of Rome, has asked the Tribunale Ordinario di Roma to put former Italian prime minister Silvio Berlusconi and his son on trial for tax evasion, judicial sources said on Thursday. La Procura is calling for a tribunal of Berlusconi and 11 others as part of a broader inquiry into Mediaset, the media group owned by Italy's former figurehead. Specifically, the prosecutors say that Mediaset violated Italian tax laws when it bought the rights of Hollywood films and TV shows, and that Berlusconi and his son, Pier Silvio, were part of a scheme to defraud the tax authorities of 10 million euros, or $13.07 million, by inflating invoices between 2004 and 2005.

Collection and credit firms facing broad new oversight

Large debt collectors and credit reporting companies would face regular federal oversight for the first time under a broad new proposal by the Consumer Financial Protection Bureau, which proposed regulations that would allow the agency to supervise those two controversial corners of the finance industry, which have drawn complaints of aggressive tactics and unfair practices. The draft rule is the most significant proposal yet to emerge from the consumer agency — a symbol of the government's new regulatory powers and a favorite target of Congressional Republicans — and the first of several efforts to police financial companies that are not banks.

Apple seeks court permission to sue Kodak

Apple wants to file two lawsuits, one claiming Kodak infringed in its patents and another seeking damages suffered from Kodak's bankruptcy filing.

  • Daily Press Review

UN condemns crackdown in Syria
Al Jazeera, Doha, Qatar

We can kidnap Saadi Gaddafi from Niger - Libyan official
Asharq Al-Awsat, Pan-Arab daily, London, England

Assad sets Syria vote on new constitution
Egyptian Gazette, English-language, Cairo, Egypt

Report: Israel advises Thailand to up security, fearing fresh attacks
Haaretz, Liberal daily, Tel Aviv, Israel

UN assembly adopts resolution condemning Syria
JPost, Conservative, Jerusalem, Israel

UK and France sign nuclear deal
BBC News, Centrist newscaster, London, England

New York Times reporter dies in Syria
CNN International, London, England

4,000 stranded as airline goes bust
Daily Express, Conservative tabloid, London, England

Pig farmer slammed by RSPCA for horrific cruelty to his animals found dead in suspected suicide
Daily Mail, Conservative daily, London, England

How Whitney lost her dazzling voice because of her 'extra-curricular activities'
Daily Mail, Conservative daily, London, England

UN General Assembly backs Arab League Syria plan
EuroNews, International news, Ecully Cedex, France

LIBYA: A year on, Libyan revolution still has a long way to go
France 24, Issy-les-Moulineaux, France

An overview of what is happening in Turkey
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Prove you gave away Chechen money, charities tell Swank
Independent The, London, England

Luxury tax proposed for 2013
Moscow News The, Independent, Moscow, Russia

Scotland referendum: We need a poetry of the Union to defeat Salmond's freedom shtick
Telegraph The, Conservative daily, London, England

Simon Cowell keeps youthful with pure oxygen
Telegraph The, Celebrity news, London, England

SET rises 6.62 points midday
Bangkok Post, Independent, Bangkok, Thailand

UN condemns Syria crackdown but onslaught continues
China Post, English-language daily, Taipei, Taiwan

More Koreans Take Out Loans to Cover Living Expenses
Chosun Ilbo, Conservative daily, Seoul, South Korea

The odd case of Jordanian-born Abu Qatada
Hindustan Times, New Delhi, India

Tribal woman becomes cleanliness ambassador
India Times, Conservative daily, New Delhi, India

U.S. manga 'I Kill Giants' bags award
Japan Times, Independent centrist, Tokyo, Japan

Iran claims it is the victim in nuclear showdown
New Zealand Herald, Conservative daily, Auckland, New Zealand

Japanese cabinet approves outline of sales tax hike
People's Daily Online, English-language, Beijing, China

Miami battling invasion of giant African snails
Straits Times, Pro-government, Singapore

Victim of a silent killer
Sydney Morning Herald, Centrist daily, Sydney, Australia

Diamond demand in China may overtake US becoming the world's largest market by the end of 2015
Taiwan News, English-language daily, Taipei, Taiwan

World Bank sees high food prices easing
The Economic Times, Business, Mumbai, India

Scouts Canada admits not all past sexual abuse reported to police
Canadian Broadcasting Centre, Toronto, Ontario

Shootout among U.S. immigration agents leaves one dead
Globe and Mail The, Centrist daily, Toronto, Canada

Oil Price Continues to Rise amid Deepening Iran Tension
International Business Times, Business news organization, New York, U.S

CUBA: Oil Drilling Opens Up New Possibilities
IPS Latin America, International cooperative of journalists, Rome, Italy

Global markets rise on Greece bailout hopes, solid U.S. data
Reuters, Business News, New York, U.S

China to launch next manned spacecraft in summer
Reuters, World News, New York, U.S

DiManno: Pope Benedict is the one part of the Catholic clergy who can't be touched
Toronto Star, Toronto, Ontario

Underwear bomber given life term
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 http://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: http://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