May 6, 2011 nº 1.037 - Vol. 9
"If you want a happy ending, that depends, of course, on where you stop your story."
Orson Welles
In today's Law Firm Marketing, Managing perceptions: the multiplier effect for all your marketing activity.
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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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New laws urged on Sony data breach
Lawmakers seized on the huge data breach at Sony to press for legislation that will require more timely and complete notification when such intrusions occur and set the first federal standards for securing sensitive information. The Japanese technology company has been the subject of hacking and data theft at two online gaming networks in recent weeks, which have put financial details of millions of users at risk. It has been criticized for its slow response to the breach at its Playstation Network two weeks ago. At a House of Representatives hearing in Washington on Wednesday, Republican Mary Bono Mack, who heads the Commerce Committee's Consumer Protection Panel, condemned Sony for a "half-baked response" towards warning 100m users that credit card details and passwords might have been stolen and said she would introduce a bill. "We need a uniform national standard for data security and data breach notification and we need it now," Mack said. A leading Democrat on the commerce committee, John Dingell, got all four witnesses at the hearing to agree that current business practices were inadequate and that such a law was necessary. Sony declined to appear at the hearing, but in response to written questions for the first time linked the intrusion to a campaign against it by the cyber-activist group Anonymous.
Consortium regulation in Brazil
Consortiums were set up in Brazil to carry out public works, particularly in the energy and telecommunication sectors. But there is a lack of specific regulation regarding Corporate Consortium in Brazil and it would be necessary to analyze this legal entity under private and public laws, mainly with regard to liability and limitations. With major events occurring in Brazil in the coming years, like the World Cup in 2014 and the Olympic Games in 2016, it is likely that the number of new consortiums will increase before long. Mychèlle Fortunato, General Counsel at Banco CNH Capital S.A., in Curitiba, Brazil, and member of the group Jurídico de Saias, publishes today an article discussing these issues. Please click here to read it.
The role of the ECJ Case-Law
The Max-Planck Institute for Tax Law and Public Finance, the PwC Chair in Tax Law of the Catholic University of Louvain and the Tax Institute of the University of Lie`ge are pleased to invite you to the Congress on European Tax Law : "Beyond Discrimination : The role of the ECJ Case-Law in the International Division of Taxing Powers in Direct Taxation" that will be held on 19-20 May 2011 in Brussels. For additional information and registration, please click here.
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1 - Bar v Family: how to win both - click here.
2 - Denis O'Brien in €450,000 libel payout - click here.
3 - Florida struggles with Arizona's immigration plan - click here.
4 - BP/Arco franchisees sue over payment system flaws - click here.
5 - Madoff trustee seeks OK to start paying victims - click here.
6 - David Cameron: press freedom must not be eroded by judges - click here.
7 - U.S. sues Deutsche Bank in mortgage fraud case - click here.
8 - Judge delays trial of Michael Jackson's doctor while defense team consults experts - click here.
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China boosts foreign investment in Latin America
Foreign investment in Latin America grew by about 40% in 2010 to $113bn. The fastest growing investor in the region was China, which barely registered between 2006 and 2009, but now accounts for 9% of the total. Brazil received the most FDI - foreign direct investment, gaining $48.5bn, followed by Mexico, with $17.7bn. China's interest was expected to continue and contribute to further FDI growth, which is expected to be 25% this year. Foreign investors have been attracted to the region by its rich supply of commodities, something that is particularly of interest to fast-growing and commodity-hungry China.
China tightens internet censorship controls
China has set up a new government body to control information on the internet. The State Internet Information Office will take over responsibility from a number of lower-ranking directorates. The new set-up will enable the government to keep a tighter grip on the content available to Chinese internet-users inside the country.
Managing perceptions: The multiplier effect for all your marketing activity
by Chris Crossland
After over 25 years of working with numerous clients in many different market sectors including the legal sector, I've had the opportunity to observe why some companies are consistently better than others. Sometimes it's down to budget, sometimes it's just luck and a good judgment call on the day, but I know one factor that always always differentiates great companies from just good companies.
Great businesses are ones that embrace marketing at every level of the organization and are led by a senior management team that fully appreciate the power of creating and managing perceptions.
Here's a simple example based on a real client that I am working with at the moment. A mid-sized practice going through a non conflict MBO - management buy-out -- until the owner decided at the last minute to change the deal and demand more cash up front and shorten the earn out period.
My role at the time was to create marketing strategy for the new organization, but I was faced with clients who were angry, bitter, and distracted. My advice was to get them to realise that all the staff were looking to the new team for more than just new marketing ideas and a change of management.
They had to understand that the perception they created at this difficult time would make or break the deal and define their new position as owners once the deal was completed. I made it clear that if the new team understood the power of managing perceptions, not only would the problem of the change in the deal be reduced, but critically the whole organization would continue and be confident.
So it started with how the new team came into the office. No long faces as they got out of the car and walked into the reception area. Confident posture and smiling faces -- time with reception staff and lots of visibility throughout the organization. When approached and asked how the MBO was going the same response -- all was well and going forward. There were many times when that new team was under the most extraordinary personal pressure, but they managed the internal perceptions and the MBO was completed.
In your own practice if your marketing messages say one thing but your own leadership style says another, then at best you are wasting money, but in my view you are destroying your business. How the senior team is perceived has a powerful "multiplier" effect on all your marketing activity.
All your employees have to see and experience the same values that you promise to your clients. How can you be confident that your employees will deliver outstanding customer service, if you manage them with threats, sanctions and fear? The answer in my experience is that many owners and senior managers just don't care, because they see marketing as all external. They smile for the press and say the right things to the right people, then go back and create dissonance within their organizations. They wonder why their staff churn is high, and customer satisfaction levels are not consistent, they spend more on marketing than others in their industry, and they make less profit.
So, next time you get out of the car and scowl your way into the office, ignore the reception and junior staff, sit at your big desk and shout at people, whilst smiling at your biggest client -- think about how you are perceived within your company. I guarantee if you don't manage your internal and external perceptions so that they mirror each other -- you are building inertia and reducing confidence within your business, making you less competitive, and reducing your ROI on everything you spend on marketing.
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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 [email protected]. 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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Suzuki
Automotriz japonesa Suzuki invertirá US$63 mlls. en nueva planta en Brasil. La construcción de una fábrica de automotores se establecerá en el municipio de Itumbiara, en el estado brasileño de Goiás.
Energía eólica
Grupo irlandés Mainstream Renewable Power planea construir parque eólico por US$500 mlls. en la región de Antofagasta, Chile. La empresa ya ingresó al sistema de evaluación de impacto ambiental el proyecto parque eólico Ckani.
Avon
La Argentina es foco de la investigación por sobornos en Avon, la empresa productora de cosméticos. La investigación interna de la empresa ya arrojó la dimisión de cuatro ejecutivos de su filial China por casos de corrupción y amplió la pesquisa sobre gastos sospechosos a la Argentina, Brasil, México, entre otros países
UN rights chief calls for full disclosure on Bin Laden killing
UN high commissioner for Human Rights Navi Pillay on Thursday insisted on "a full disclosure of the accurate facts" surrounding the killing of al Qaeda leader Osama Bin Laden. The White House has altered the official account of the killing since US president Barack Obama first announced that a small team of US military personnel attacked a compound in which Bin Laden had been hiding, killing Bin Laden and taking possession of his body. The White House's changing factual account of the raid has raised questions about whether the US special operations forces intended to capture Bin Laden alive. Recognizing that the US had intended to arrest Bin Laden, Pillay acknowledged that doing so would have been unlikely under most circumstances. Pillay also indicated that, while the UN condemns terrorism, counter-terrorism activity must be carried out in compliance with international law.
Should photos of Bin Laden's corpse be released?
Obama has announced he will not release photos that show Osama Bin Laden with a bullet hole in his head, saying the "very graphic images" could incite violence and become propaganda tools, but a heated debate in the US about whether they should be publicly shown goes on. There is no corpse. The US says it disposed of Bin Laden's body in the ocean because it would have been difficult to find a country willing to take it in time. There has also been speculation this also avoided a burial place becoming a shrine. Officials say they have proof of his identity - DNA tests carried out on the remains are said to have shown a "virtually 100%" match with the DNA of his relatives. But attention has turned to the existence of photographs taken after Bin Laden's death. The White House has a photo of Bin Laden with a large head wound across both eyes, plus other photos of his corpse and of the burial at sea.
Initially, those calling for release of photographs were people, mostly in the Middle East, who accused the US of deception. Blogs, message boards and web pages - including a Facebook group entitled "Osama Bin Laden not dead" - have been filled with suggestions that the US government faked the raid. Many people in Pakistan have also expressed doubt that he has been killed. But on Wednesday, a growing number of voices in the US political scene joined the fray, saying there was an inevitability about the pictures emerging at some point. Senator Lindsey Graham, a Republican in South Carolina, said the decision not to release the photos was an error that would "unnecessarily prolong this debate". "The whole purpose of sending our soldiers into the compound, rather than an aerial bombardment, was to obtain indisputable proof of Bin Laden's death. "I know Bin Laden is dead. But the best way to protect and defend our interests overseas is to prove that fact to the rest of the world."
Dilemmas like this show how the distinction between principles and pragmatism is a false one. To not take into account likely practical consequences is morally irresponsible. To think there is a simple principle that would tell you whether to release images like this, regardless of circumstances, is naive. That means actions sometimes seem inconsistent. Good ethical decision-making requires both a sound grasp of principles and acute sensitivity to the particulars of context. No moral philosopher who lacks the latter can in this case simply decree what is right. The possibility of a legal challenge to the White House's decision was also raised when at least two senior lawyers said a request made under the Freedom of Information Act would have a strong case.
Before the president's announcement, it was reported that Secretary of State Hillary Clinton and Defense Secretary Robert Gates were advising him not to. They fear that the photos might make the US look like it is reveling in Bin Laden's death, and spark reprisals in the Arab world. That's a view expressed by one of the people who has seen the photos, Republican Mike Rogers, chairman of the House Intelligence Committee. He's worried their release could endanger US troops. "The risks of release outweigh the benefits. Conspiracy theorists around the world will just claim the photos are doctored anyway, and there is a real risk that releasing the photos will only serve to inflame public opinion in the Middle East. "Imagine how the American people would react if al-Qaeda killed one of our troops or military leaders, and put photos of the body on the internet. "Osama Bin Laden is not a trophy - he is dead and let's now focus on continuing the fight until al-Qaeda has been eliminated."
The assassination of Bin Laden allows us to begin turning the page - but surely not if that page is printed with an official trophy photograph of his blasted head.
Source: https://www.bbc.co.uk/news/world-us-canada-13283363
Holder: Bin Laden killing 'lawful'
US attorney general Eric Holder said Wednesday that the killing of Osama Bin Laden by US forces on Sunday was lawful and justified. Testifying before the US Senate Judiciary Committee, Holder said that the shooting of Bin Laden was "consistent with our values," and that the soldiers who killed him "conducted themselves totally appropriately." Holder also expressed concerns that Bin Laden's death may prompt attempts at retaliation.
Bin Laden death sparks new talk over Patriot Act
There's no indication that the mission to take out bin Laden relied on the Patriot Act, which was designed to find terrorists inside the U.S. But the afterglow of the operation's success shined new light on the nature of the terrorist threat. This week's developments may have marginalized any effort to tighten the Patriot Act's protections and perhaps scuttled Senate plans to hold a full week of debate on the bill. From its inception, the law's increased surveillance powers have been criticized by both liberals and conservatives as infringements on free speech rights and protections against unwarranted searches and seizures. Some Patriot Act opponents suggest that bin Laden's demise should prompt Congress to reconsider the law, written when the terrorist leader was at the peak of his power. But the act's supporters warn that al-Qaida splinter groups, scattered from Pakistan to the United States and beyond, may try to retaliate. "Now more than ever, we need access to the crucial authorities in the Patriot Act," Holder said. The provisions that expire May 27 allow the government to use roving wiretaps on multiple electronic devices and across multiple carriers and get court-approved access to business records relevant to terrorist investigations. The third, a "lone wolf" provision that was part of a 2004 law, permits secret intelligence surveillance of non-U.S. individuals without having to show a connection between the target and a specific terrorist group.
Brazil gay couples get new rights
Homosexuals in same-sex unions in Brazil should be given the same legal rights as married heterosexuals, the country's Supreme Court rules.
Austrian museum to sell Schiele after Nazi legal battle
A cityscape by Egon Schiele valued at a record $50m will be auctioned to pay for the settlement of one of the world's longest-running art restitution cases. The Leopold Museum in Vienna says proceeds of the 1914 "Hauser mit bunter Waesche, 'Vorstadt' II" will pay the loan it took out to recover the portrait of his lover Walburga (Wally) Neuzil was seized by a district attorney after being loaned to an exhibition at the Museum of Modern Art, NY. The museum, in Vienna, has always insisted it acquired the painting in good faith from legitimate postwar owners. Under the settlement, the Leopold Museum must display Portrait of Wally with an acknowledgment that it was stolen from a Jewish art dealer by a Nazi agent. Legal proceedings began when "Wally" was loaned to New York's Museum of Modern Art by the Leopold Museum in 1997. US officials seized the work in 1998 on suspicion that it had been stolen from Lea Bondi Jaray, who died in 1969. The settlement last year ended a 12-year-long US legal battle. The complex case resulted in 44 countries drafting guidelines for the return of looted art known as the Washington Principles.
Portugal 'heading for recession'
Portugal will sink into recession this year and next due to the terms of the 78bn euro rescue deal, the country's finance minister says.
ICC prosecutor to request warrants for Libya leaders
ICC - International Criminal Court chief prosecutor Luis Moreno-Ocampo on Wednesday announced that an investigation has uncovered enough evidence to allow him to pursue warrants for forces loyal to Muammar Gaddafi for crimes against humanity and war crimes. Moreno-Ocampo said he has found evidence that Libya began hiring mercenaries as early as January in anticipation of protests after unrest began in the Middle East. According to the chief prosecutor, those mercenaries have been used against protesters, resulting in the deaths of thousands. Regarding war crimes, the chief prosecutor claims to have uncovered evidence of the use of "cluster munitions, multiple rocket launchers and mortars, and other forms of heavy weaponry, in crowded urban areas, in particular Misrata.
Germany high court rules preventive detention unconstitutional
The German Federal Constitutional Court ruled Wednesday that the preventive detention of prisoners beyond the maximum sentences for their crimes is unconstitutional. The court held that the laws governing the practice of extending prison terms for prisoners deemed to be a public safety threat violates provisions of the German constitution. "The provisions on the retrospective prolongation of preventive detention beyond the former ten-year maximum period and on the retrospective imposition of preventive detention in criminal law relating to adult and to juvenile offenders infringe the rule-of-law precept of the protection of legitimate expectations." The court said that the country's current preventive detention laws infringe the constitutional minimum distance requirement for preventative detentions in that they are not sufficiently distinguished from normal prison terms. The distance requirement mandates that "the deprivation of liberty effected by preventive detention must keep a marked distance from the execution of a prison sentence." The court did not impose an outright ban on all preventative detention, but rather set narrow guidelines for the German parliament, the Bundestag, to follow in designing a law which emphasizes the "liberty-oriented execution aimed at therapy which clearly shows to the detainee under preventive detention and to the general public the purely preventive character of the measure."
Ivory Coast high court declares Ouattara president
The Ivory Coast Constitutional Council, the nation's highest court, on Thursday declared Alassane Ouattara winner of the country's disputed presidential election, reversing a previous decision. The court originally refused to ratify the results of the November election, sparking months of violence between supporters of Ouattara and incumbent candidate Laurent Gbagbo. Constitutional Council president Paul Yao N'Dre said that Ouattara was invited to take the oath of office as soon as possible.
EU in push to standardize rail bookings
European rail operators will have to use standard ticket and timetabling systems in future to make cross-border train journeys easier for the public. A new Commission regulation aims to make rail bookings as easy as airline bookings in Europe. The goal is to move to a pan-European system because currently passenger data is handled differently in each country. Standardized ticketing procedures would help the railways compete with airlines in Europe.
What's the Holdup in the Stanford Case?
As the $7bn fraud case against the jailed Texas financier R. Allen Stanford drags on, a whistle-blower tells CNBC that he is concerned about the possibility of a cover-up by the government.
Brazil court raises damage award for flight victim
A Brazilian court has again rejected an appeal by Air France and raised the damage award the French airline company must pay to the family of a Brazilian victim of Flight 447. The Rio State court said it had unanimously rejected Air France's appeal and upped the compensation it must pay to R$1.4m ($868,000), up from the previous sum of R$1.2m ($744,000). Both Airbus and Air France are being probed for manslaughter by a French investigating magistrate. The crash has been partly blamed on malfunctioning speed sensors used by Airbus, with Air France accused of not responding quickly enough to reports that they might be faulty. The airline has denied the allegations.
Rajaratnam jury grapples with mound of documents
Jurors deliberating at hedge fund manager Raj Rajaratnam's insider-trading trial appear to be struggling to keep track of dozens of phone taps and thousands of documents in evidence.
FCC chief: antitrust law can't adequately defend Internet
Antitrust law was inadequate to preserve the openness of the Internet and to allow innovation to flourish, the top U.S. communications regulator said on Thursday, defending Internet road rules adopted last year.
Following clients and 'flow of capital,' Clifford Chance focuses on Asia
Like other renowned London-based international law firms, Clifford Chance is rethinking its focus and expects Asia to be a bigger part of its future. Of 23 new partners elected recently, more than half are Asia-based,
US wants to use frozen Libyan assets to help the country's people
The Obama administration hopes to tap billions of dollars in frozen Libyan assets to help Libyans affected by the country's civil war. Hillary Clinton announced that the United States hopes to change U.S. law to allow use of the funds. More than $30bn is frozen, but Clinton didn't say how much would be used for the Libyan people. It was also unclear whether the money would go to Libyan rebels or humanitarian groups.
Law schools may be forced to disclose scholarship retention rates
The committee reviewing the American Bar Association's law school accreditation standards is considering requiring schools to disclose the percentage of students who lose merit scholarships following their first year.
Brazilian imports of US ethanol soar
US exports of ethanol to Brazil have soared during the past year as the real's rise against the dollar and the high price of sugar have undermined the competitiveness of Brazil's domestically produced biofuel. The share of the Brazilian market taken by US exports is still small but the steep rise in sales to the world's second-biggest producer reflects the US industry's growing commercial strength, which is also driving political pressure for the removal of state subsidies.
Too soft on Syria? No, says the US. Assad's forces ready for more protests
Al Arabiya, Online news, Dubai, United Arab Emirates
Pakistan army threatens to reconsider US ties
Al Jazeera, Doha, Qatar
Only 1 killed in Bin Laden raid was armed: US source
Arab News, Pro-government, Jidda, Saudi Arabia
UAE Aldar Properties swings to profits on asset sales
Asharq Al-Awsat, Pan-Arab daily, London, England
Millions pledged for Libya rebels
Egyptian Gazette, English-language, Cairo, Egypt
Syria security out in force ahead of planned massive Friday protests
Haaretz, Liberal daily, Tel Aviv, Israel
Radio free Libya transmits live from Misurata
IPS Middle East, International cooperative of journalists, Rome, Italy
Ahmadinjead allies arrested on suspicion of sorcery
JPost, Conservative, Jerusalem, Israel
How the raid on Bin Laden's hideout unfolded
Nahamet, Online news portal, Beirut, Lebanon
Ambassador Abdul-Karim, chairman of Lebanese National Accord party discuss latest regional developments
Sana, Syrian Arab News Agency, Damascus, Syria
Egypt's once feared interior minister sentenced to 12 years
Times of Oman, English-language daily, Muscat, Oman
Al-Qaeda kills Yemen soldiers to avenge Bin laden
Yemen Observer, Sana'a, Republic of Yemen
SNP on brink of election victory
BBC News, Centrist newscaster, London, England
Losses for Asian markets
BreakingNews.ie, Online news portal, Cork, Ireland
Official: Al Qaeda targeted U.S. trains, cities
CNN International, London, England
Sony blames Anonymous for theft of personal data from 100m gamers
Daily Mail, Conservative daily, London, England
Syrian forces mobilise as protesters plan 'day of defiance'
EuroNews, International news, Ecully Cedex, France
SYRIA: Syria faces 'day of defiance'
France 24, Issy-les-Moulineaux, France
17 arrested on corruption charges in Izmir
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Video: Obama thanks NY firefighters
Independent The, London, England
Labour hoping for Wales majority
Irish Times The, Centrist daily, Dublin, Ireland
Cracking the stolen mobile market
Moscow News The, Independent, Moscow, Russia
State says Domodedovo too global
Moscow Times The, Independent daily, Moscow, Russia
France expels 14 Libyan diplomats
Radio Free Europe, Prague, Czech Republic
Bin Laden 'plotted attack' on US trains
Sky News, Independent newscaster, Middlesex, England
The rise and rise of a pity for Osama lobby
Spiked, (Alternative Internet Magazine), London, England
7/7 inquest: coroner praises 'quiet dignity' of bereaved
Telegraph The, Conservative daily, London, England
First lady calls for right against human traficking
Antara News, News agency, Jakarta, Indonesia
All parties can campaign at airbases
Bangkok Post, Independent, Bangkok, Thailand
Gov't plans to release portion of rice reserves to stabilize rising prices
China Post, English-language daily, Taipei, Taiwan
Apple software update fixes location-tracking 'bug'
Chosun Ilbo, Conservative daily, Seoul, South Korea
Assad deploys Syrian troops before Friday prayers
Dawn, English-language daily, Karachi, Pakistan
Pakistan warns India against 'misadventure'
Hindu The, Left-leaning daily, Chennai, India
Hundreds rally for bin Laden in Pakistan
Hindustan Times, New Delhi, India
Pakistan warns India against any Osama-type operation
India Express, News portal, Mumbai, India
Mosquito net helped cops identify woman
India Times, Conservative daily, New Delhi, India
U.S. padded cost, personnel for relocating Marines to Guam: WikiLeaks
Japan Times, Independent centrist, Tokyo, Japan
'Only one' bin Laden defender shot at SEALs
New Zealand Herald, Conservative daily, Auckland, New Zealand
Oil plummets over 8% on investors' exit
People's Daily Online, English-language, Beijing, China
Bin Laden death sparks new talk over Patriot Act
Sify News, Chennai, India
Indian Navy thwarts pirate attack; rescues Chinese vessel, crew (Lead, with Images)
Thaindian News, Bangkok, Thailand
Osama's wife lived in Pak safe house for 6 years: Pak official
Times of India, Conservative, New Delhi, India
Only 1 person killed in bin Laden raid was armed
Canadian Broadcasting Centre, Toronto, Ontario
After weeks of pressure, Anticorruption Department announces charges
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
ENVIRONMENT-CHILE: Fishing villages turn to Int'l justice in fight against waste duct
IPS Latin America, International cooperative of journalists, Rome, Italy
Commodities rout forces Wall St retreat
Reuters, Business News, NY, U.S
CIA watched bin Laden from nearby safe house inside Pakistan
Reuters, World News, NY, U.S
Germans grab for Methanol Holdings
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
Ivory Coast leader to take oath
BBC News, Centrist newscaster, London, England
Osama: guns found in room
iafrica, Online news portal, Cape Town, South Africa
In Brief: Sri Lankan accountability mechanism key, says US
Irin News, Humanitarian news and analysis, Nairobi, Kenya
The need for a cautious approach over Abyei dispute
Sudan Tribune, Khartoum, Sudan
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