July 24, 2009 Nº 795 - Vol. 7


"Genius - To know without having learned; to draw just conclusions from unknown premises; to discern the soul of things."

Ambrose Bierce

In today’s Law Firm Marketing, Having too much work does not equal good marketing

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

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  • Top News

UN SG Ban proposes campaign to prevent massive rights abuses

UN Secretary-General Ban Ki-moon on Wednesday called on world leaders to take new steps to combat genocide, war crimes, crimes against humanity, and other human rights abuses, introducing a report detailing a new campaign against the offenses. Called the "Responsibility to Protect", the campaign focuses on holding states responsible for preventing the abuses from happening to their citizens, drawing on international support to help countries prevent the abuses from occurring, and quickly enlisting the international community to end the abuses when they arise. Ban said that he hoped the implementation of such a campaign would help to prevent future atrocities: ”Four years ago, our heads of state and government unanimously committed themselves to preventing genocide, war crimes, ethnic cleansing, and crimes against humanity, as well as their incitement. This universal and irrevocable commitment was made at the highest level, without contradiction or challenge. Our common task now is to deliver on this historic pledge to the peoples of the world. "My report offers some initial ideas on how to go about this. These proposals, not the world leaders' solemn commitments, are to be the focus of our deliberations this week. The question before us is not whether, but how. From day one, I have made the patient work of turning lofty words into practical deeds among the highest priorities of my administration. In that spirit, it is high time to turn the promise of the responsibility to protect into practice. The strategy outlined in my report, based on the 2005 Outcome Document, rests on three pillars: state responsibility; international assistance and capacity-building; and timely and decisive response." The UN General Assembly will meet to discuss Ban's proposal on July 23.

Hague arbitration court redraws Sudan oil region boundaries

The Permanent Court of Arbitration (PCA) in The Hague issued an order Wednesday redrawing boundaries of Sudan's oil-producing Abyei region. The borders of the region had been disputed by the country's southern Sudan People Liberation Movement (SPLM) and its northern, ruling National Congress Party (NCP). The borders had originally been drawn by the Abyei Boundaries Commission (ABC) following a 2005 peace agreement between the SPLM and NCP, but the PCA held that the ABC had exceeded its mandate when it determined some of the region's boundaries. The issue was brought to the PCA by the SPLM and NCP, and both parties have said they will abide by the court's decision.

US immigration home raids violate constitution

Federal immigration agents conducting home raids have committed numerous constitutional violations, according a report released Wednesday by the Immigration Justice Clinic at the Cardozo School of Law. The report found that, since 2006, US Immigration and Customs Enforcement (ICE) agents routinely entered private homes in the middle of the night without warrants and seized residents without a legal basis in violation of the Fourth Amendment. The report also found that Latinos were disproportionately likely to be arrested during home raids, suggesting a pattern of racial profiling. Clinic director and co-author of the report Peter Markowitz said: "This report reveals an alarming pattern of federal immigration officials breaking into people's homes and bedrooms in the pre-dawn hours in flagrant violation of the Constitution. The government's heavy handed tactics are a monumental waste of public resources resulting primarily in the arrest of hard working immigrants who pose no danger at all to society." The report concludes with several policy recommendations, including limiting home raid operations, obtaining warrants before conducting home raids, and improving training and supervision of home raid teams.

Almost prohibition

Migalhas International publishes today an article by Stanley Martins Frasão of Homero Costa Advogado, on the polemic around "dry law" in Brazil. Click here to read it.

Before you open the door to the boardroom, peek through the keyhole!

Michael Page specializes in the placement of candidates in permanent, contract, temporary and interim positions within client companies around the world. Have a look at the new section of the Migalhas website and discover the professional development opportunities with large corporations, in legal and business fields, presented by Michael Page International. Click here to peep through the hole!

  • Crumbs!

1- Report finds government vulnerable to cyber attacks(read more)

2-South Korea fines Qualcomm $208 million in anti-trust case (read more)

3- Intel Appeals Antitrust Ruling (read more)

4-Hague arbitration court redraws Sudan oil region boundaries (read more)

5-Pentagon media program did not violate propaganda rules: report (read more)

6-Ohio conducts 1,000th US lethal injection since death penalty reinstatement (read more)

7-US immigration home raids violate constitution: report (read more)

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100% Migalhas: www.migalhas.com

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  • MiMIC Journal

China-Brazil ore trade surges as Australia sales fall

Spot iron ore vessel bookings from Brazil to China jumped to a record in July as Australia suspended spot sales following detentions of Rio Tinto's top sales officials in China and as falling freight costs made longer haul trade attractive. Shipments from Brazil, the second-largest iron ore supplier to China after Australia, have surged to a record 31, suggesting China's insatiable demand for overseas ore remained intact to feed its record steel production rates.

  • Law Firm Marketing

Having too much work does not equal good marketing

by Trey Ryder

Lawyers often "defer" their marketing efforts because they're busy. Sometimes, too busy. But is being busy really the measure of anything?

When I ask busy lawyers what they're busy doing, they often grumble about handling cases they don't want, dealing with the hassles of running an office, and so on.

One of my new clients started to hire me two years ago, but then didn't. I asked what motivated him to hire me now, and he said in two years he never started his own marketing program. In fact, he found that he was no further ahead now than he was then. So he decided if he wanted to move forward, he needed to hand me the ball and let me help him score the touchdown.

How would you answer these questions?

Are you bringing in the cases you want?

Are you spending time in ways you find enjoyable?

Are you investing your time in the most profitable ways?

Are you delegating or referring out the cases you don't want?

To paraphrase Ronald Reagan's question, "Are you better off now than you were two years ago?"

Most lawyers intend to start a marketing program. But lawyers suffer from distractions: They get busy with current cases. Busy making changes in the office. Busy with outside activities. They get busy ... and stay busy .. and never start their marketing program.

If this sounds like you, I encourage you to hand the ball to someone else. Otherwise, two years from now, we could be having this same conversation.

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© Trey Ryder

FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to Trey@TreyRyder.com. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.

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  • Historia Verdadera

Retorno…

El depuesto presidente de Honduras, Manuel Zelaya, partió el jueves en caravana hacia su país en una cruzada por recuperar el poder, mientras el Gobierno interino se negaba a restituirlo pese a presiones internacionales y protestas que caldeaban la nación.

Minera

Trabajadores de la minera Shougang Hierro Perú, la mayor productora del metal del país, pusieron fin a la huelga que paralizó la producción de la empresa por 10 días tras lograr un incremento salarial de 3.30 soles diarios. Los mineros demandaban un aumento salarial de 10 a 18 soles diarios en tanto la subsidiaria de la estatal china Shougang Group , ofrecía 0.70 centavos.

Petrolera x Ecuador

Ecuador ganó una nueva batalla dentro del proceso jurídico que sigue contra la petrolera Chevron-Texaco. La Procuraduría General del Estado informó que la Corte Distrital de EE.UU., para el distrito sur de Nueva York, desestimó "toda reclamación pendiente presentada por Chevron contra el Estado ecuatoriano". Es la cuarta vez que un organismo de justicia de EE.UU. emite un fallo favorable para el país, desde que 30 000 indígenas y colonos de la Amazonia denunciaron que la petrolera causó un supuesto daño ambiental a sus comunidades, entre 1964 y 1990.

  • Brief News

US corruption probe nets dozens

More than 40 people, including politicians, officials and several rabbis have been arrested in a major FBI operation in the US. Three hundred agents raided dozens of locations in New Jersey and New York as part of a 10-year probe into corruption and money laundering. Three mayors from the state of New Jersey and two members of the state legislature were among those held. One man is accused of kidney trafficking involving Israeli donors. Prosecutors say the arrests were part of a "dual-tracked" investigation. Acting US Attorney Ralph Marra told reporters there were 29 suspects on what he termed the "public corruption" side of the investigation, including the politicians. On the other side, he said, there were 15 suspects in connection with alleged international money-laundering, including the rabbis and their "associates".It is alleged that "vulnerable people" would give up a kidney for $10,000 and these would then be sold on for $160,000.

Honduras leader starts return bid

Ousted President Manuel Zelaya is on his way to the Honduran border in a second attempt to return home after nearly a month in exile. He left the Honduran embassy in the Nicaraguan capital Managua for the border city of Esteli, from where he will try a land crossing on Saturday. He is being accompanied by Venezuelan Foreign Minister Nicolas Maduro. The interim government has vowed to arrest him if he sets foot in Honduras, as mediation talks failed.

US Senate setback for health reform

The US Senate says it will not be able to vote on a US healthcare reform bill by August, in a setback to President Barack Obama's proposed timetable. But Obama said he still wanted to see the bill passed by year's end. He said his intention was not to add to the country's fiscal deficit of over $1 trillion, but to address it by tackling spiraling health costs. But Republicans and leading Democrats have objected to the rush, saying the bill will be taken up after the summer.

Burma trial reaches final stages

The trial of Burmese pro-democracy leader Aung San Suu Kyi is reaching its final stage, with the court hearing closing statements from lawyers. Suu Kyi is being tried on charges of violating the terms of her house arrest in May, after a US man evaded guards and swam to her lakeside home. If convicted she faces up to five years in jail. The trial has been widely condemned as a ploy to keep the Nobel Peace laureate in custody until after elections.

UK waste prompts Brazil complaint

Brazil is to lodge a formal complaint, based on the Basel Convention, which bans shipments of toxic waste from industrialized nations, that alleged illegal shipments of UK toxic waste have breached international conventions, its government has said. Lula has criticized rich countries for sending rubbish abroad and said many of them claimed to be opposed to pollution. But he added: "Who is going to recycle a condom? Who is going to recycle hospital waste?

Black scholar arrest angers Obama

The US president has said police acted "stupidly" when they arrested a black Harvard scholar outside his own home. Prof Henry Louis Gates was held last week in Cambridge, Massachusetts, home to the top university where he teaches. Obama said the US had a long history of African-Americans being disproportionately stopped by police. An initial disorderly conduct charge was dropped and Cambridge police called the arrest "regrettable and unfortunate".

Israel sees Brazil help with Iran

Israeli Foreign Minister Avigdor Lieberman says Brazil perhaps "more than other countries" can help convince Iran to suspend its nuclear program. He said Brazil traditionally had strong ties with Arab countries and Israel and could be a "good negotiator". However while Israel appears uncomfortable with Brazil's cordial relations with Iran, its foreign minister suggested this might also offer an opportunity. Brazilian Foreign Minister Celso Amorim indicated support for Iran's goal of nuclear development for "exclusively non-military purposes" and within a "verifiable framework".

EU sets new bank bail-out rules

Banks which receive state help must show they have a viable future without further support under new guidelines published by the European Commission. Aided banks must pay some of their restructuring costs, the commission said, and may have to sell assets and hold back on acquisitions. The European Commission has so far cleared 70 rescues by European nations. "The financial crisis may not be over yet, but we need to start working seriously with member states to restructure European banks," added Competition Commissioner Neelie Kroes. The new rules will be in force until the end of December 2010.

VW prepares to take over Porsche

Europe's biggest carmaker, Volkswagen (VW), plans to buy German sports car firm Porsche in stages while retaining the latter's independence. VW says its board will hold talks with Porsche "in order to reach a final concept fulfilling this goal". Both sides had earlier said they wanted to form an integrated automotive group. The latest move comes after Porsche's chief executive Wendelin Wiedeking and financial director Holger Haerter had resigned "with immediate effect". Wiedeking had failed in his long-running attempt to take over VW, despite Porsche building a 51% holding in the company. Porsche had hoped to build up a 75% stake, but the financial crisis and the slump in the global automotive sector put paid to its efforts, which in the end saddled the sports car maker with huge debts.

Call to speed up Karadzic trial

Judges in The Hague have asked prosecutors to find ways to speed up the forthcoming genocide trial of ex-Bosnian Serb leader Radovan Karadzic. They want the prosecution to reduce the charge sheet against the 64-year-old. If the prosecution fails to do so, the war crimes court could do the job for them, an order from the judges says. Karadzic faces 11 charges. The prosecution currently intends to call some 500 witnesses, and estimates it will need 490 hours to examine them.

Kuwaiti financier sued by SEC over takeover hoaxes

Securities regulators sued a well-connected Kuwaiti financier whose investment firm is partly owned by Citigroup Inc, saying he reaped millions in suspicious profits after "fraudulent" takeover reports sent shares of two U.S. companies soaring. The civil lawsuit against Hazem Khalid Al-Braikan is sure to send shockwaves through the Middle East investment community. Al-Braikan, who declined to comment when reached by telephone, lists many achievements on his resume, including a U.S. Medal of Honor for service in the first Gulf War -- a claim the U.S. Army says is bogus. Al-Braikan is chief executive of Al-Raya Investment Company, which is 10 percent owned by Citigroup.

Law extends parental rights for gays

Lesbians in Washington, D.C. no longer will need the written consent of their partners to adopt children born to their partners through artificial insemination, under a new law that took effect Saturday. The name of a consenting spouse or unmarried partner will appear on the child's birth certificate as the legal parent, a status that previously had to be obtained by same-sex parents through a complicated adoption process. "With the enactment of this measure, the District has become the first jurisdiction in the country to enact a statute specifically providing children born through artificial insemination with two legal parents from the beginning even when those parents are a same-sex or different-sex unmarried couple.

Berlusconi's sex tape scandal unlikely to be fatal in homeland of Casanova

Italian Prime Minister Silvio Berlusconi will likely survive the sex scandal involving a high- priced prostitute that is dominating the Internet, front pages and espresso-bar conversations in a nation that made a hero of Latin lover Giacomo Casanova, political analysts say.

Traders profit with computers set at high speed

High-frequency trading, a way for traders to master the stock market using powerful computers, may subtly manipulate prices.

Law prof who called homosexuality a disorder won’t teach NYU class

A Singapore law professor under fire for her statements about homosexuality has decided not to teach a human rights class at New York University law school. Thio Li-ann, who is also a member of her country’s Parliament, made the controversial statements in October 2007 while opposing repeal of a law that criminalizes sex between men. During the debate, she said homosexuality is a "gender identity disorder" and anal sex is like "shoving a straw up your nose to drink." Repealing the law "is the first step of a radical, political agenda which will subvert social morality, the common good and undermine our liberties," she said.

Intel appeals European Commission 1.06 billion euro fine for antitrust violations

Computer chip maker Intel Corp. on Wednesday filed an appeal with the European Court of First Instance challenging a May European Commission (EC) ruling fining Intel €1.06 billion for violating European Union antitrust laws. The EC ruled that Intel violated the laws by giving computer companies rebates to purchase nearly all of their supplies from Intel and paying companies not to use products made by Advanced Micro Devices (AMD), Intel's main competitor. The appeal has not been made public, but Intel spokesperson Chuck Mulloy said that one of the arguments was that the fine is excessive and in violation of European human rights law. The court will likely issue a summary of the appeal in September.

Senate narrowly rejects amendment to allow concealed firearms across state lines

The US Senate on Wednesday rejected a proposed amendment to a military appropriations bill that would allow individuals with permits to carry concealed firearms across state lines. The amendment was proposed by Senator John Thune (R-SD) and had been a hotly contested issue, reflected by the 58-39 vote. Sixty votes were needed for passage. Thune expressed disappointment at the result, saying that the amendment had succumbed to "overheated rhetoric and fearmongering." The National Rifle Association, which had urged senators to vote for the amendment, viewed the narrow defeat as a victory, noting that a majority of senators had voted for passage.

News Corp. unit loses $300 million jury verdict over unfair competition

News Corp.'s News America Unit was ordered by a Detroit jury today to pay $300 million to Valassis Communications Inc. in a lawsuit claiming unfair competition, boosting Valassis shares as much as 64 percent.

  • Daily Press Review

East Africa gets high-speed web
BBC News, Centrist newscaster, London, England

Global Witness uncovers foreign companies' links to Congo violence
CongoPlanet.com, Independent online news aggregator

Kufuor, What Goes Around Comes Around -Govt
GhanaWeb, Online news portal, Amsterdam, Netherlands

Final day for Suu Kyi?
iafrica, Online news portal, Cape Town, South Africa

Break the law and pay the price, vows Zuma
Independent Online, News portal, Cape Town, South Africa

Motshekga's cars 'cast doubt on commitment'
Mail & Guardian Online, Liberal, Johannesburg, South Africa

Pressure heaped on the Boks
News24.com, Online news portal, Cape Town, South Africa

Bus accident kills nine in Brazil
Brazil Sun, Independent online news aggregator

It's no accident that victims were all female
The Globe and Mail, Centrist daily, Toronto, Canada

Father, mother, brother face murder, conspiracy charges
Toronto Star, Liberal daily, Toronto, Canada

VP reminds people to increase self-reliance
Antara News, News agency, Jakarta, Indonesia

10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea

India agreed to discuss Kashmir due to Kargil: Musharraf
India Express, News portal, Mumbai, India

Indefinite transport strike in Kolkata
India Times, Conservative daily, New Delhi, India

'Last' homage to Suzushi Hanayagi
Japan Times, Independent centrist, Tokyo, Japan

Govt to allow import of chicken if local suppliers raise prices
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia

Wheels fall off US plane
New Zealand Herald, Conservative daily, Auckland, New Zealand

President Lula defends Senate leader in nepotism scandal
People's Daily Online, English-language, Beijing, China

Demi Moore sues magazine over party pictures
Sydney Morning Herald, Centrist daily, Sydney, Australia

Trial to go on despite Ajmal's confession
The Hindu, Left-leaning daily, Chennai, India

Drivers 'don't trust' road taxes
BBC News, Centrist newscaster, London, England

Moscow Warns on Arming Georgia
The Moscow Times, Independent daily, Moscow, Russia

Swine flu: 100000 infected in a week
The Telegraph, Conservative daily, London, England

President Obama makes US popular in Europe again, Pew poll says
Times Online, Conservative daily, London, England

Moussavi Supporters Plan Protest against New Government
Arutz Sheva, Online, right-wing, Tel Aviv, Israel

Iran Opposition Leader's Brother-in-Law Arrested
Asharq Al-Awsat, Pan-Arab daily, London, England

Mayors of Hoboken, Secaucus, several rabbis arrested
Gulf News, Independent daily, Dubai, United Arab Emirates

MIDEAST: Defiant Netanyahu Plays his Jerusalem Card
IPS Middle East, International cooperative of journalists, Rome, Italy

Qatar stocks see minor correction
Middle East North African Network, Online financial portal, Amman, Jordan

Deposed President Prepares Risky Return to Honduras
Nahamet, Online news portal, Beirut, Lebanon

Israeli missile-defense test aborted due to malfunctions
The Daily Star, Independent daily, Beirut, Lebanon

Army surrounds Wa'ela tribe lands in search for kidnapped hostages
Yemen Times, Independent weekly, Sana'a, Yemen

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