May 18, 2012 nº 1,179 - Vol. 10


"Extreme hopes are born from extreme misery."

Bertrand Russell

In today's Law Firm Marketing, The secret to solving your website frustrations.

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  • Top News

Facebook's missing risk factor

Did Facebook's documents for its initial public offering leave out an important "risk factor?" Risk factors occur in the I.P.O. filings of all companies. They are the dubiously precise passages of legalese that warn potential investors of ways in which the company selling shares can stumble. Facebook's filings have plenty of them, a clear sign that lawyers cobbled together some pretty creative ways for the social network to trip up. For instance, one risk factor goes like this: "If we fail to retain existing users or add new users, or if our users decrease their level of engagement with Facebook, our revenue, financial results, and business may be significantly harmed." You can almost hear the portentous music in the background. But as gloomy as the lawyers tried to be, they arguably left one risk factor out. Facebook's enlightened self-interest approach to running its business is highly unusual in corporate America and may in fact prove impossible to sustain over the long term. In his shareholder's letter, Facebook's founder and chief executive, Mark Zuckerberg, describes how he thinks Facebook can harness the profits to maintain a great social network. He wrote: "By focusing on our mission and building great services, we believe we will create the most value for our shareholders and partners over the long term — and this in turn will enable us to keep attracting the best people and building more great services. We don't wake up in the morning with the primary goal of making money, but we understand that the best way to achieve our mission is to build a strong and valuable company." That's lovely. And Google would argue it has fused high ideals with even higher profits. But it was easier to understand how Google was going to achieve huge earnings when it went public than it is to see how Facebook can turn its social interactions into advertising gold. It may prove extremely difficult for Facebook to notch up growing profits without impinging on its users' experience. If so, don't be surprised if Zuckerberg decides at that point to put user experience above profits. To be fair to Facebook and its lawyers, it did include a risk factor that warns that sometimes its mission and profits might not be compatible. It said, "We frequently make product decisions that may reduce our short-term revenue or profitability if we believe that the decisions are consistent with our mission and benefit the aggregate user experience and will thereby improve our financial performance over the long term." But, as you can see from how the sentence ends, even here the company couldn't help but insist that it can have its cake and eat it, too.

Brazil passes information access law

A freedom of information law has taken effect in Brazil, challenging an embedded culture of secrecy and bureaucracy. Proponents, including Dilma Rousseff, said the measure is nothing short of a revolution for a system that has kept tight control over information for decades. But even as the president hailed the potential of the law that went into effect Wednesday, experts cautioned that it will take more than a piece of paper and political goodwill at the top to change attitudes about the flow of information. Most citizens, even journalists, are unfamiliar with the concept of free access to public information. Experts say a lack of transparency has allowed corruption, inefficiency and wastefulness to go unchecked in the public realm. Brazil's 1988 constitution enshrined the right to access information, but the new measure gives citizens a legal tool to enforce that right in a court. Its scope is broad: Unlike the US Freedom of Information Act, which applies to the executive branch at the federal level, Brazil's law covers all branches of government at all levels. However, there is still no set of regulations detailing how citizens can ask for data, and what municipal, state or federal officials must do to comply.

Pennsylvania Doctors Worry Over Fracking 'Gag Rule'

A new law in Pennsylvania has doctors nervous. The law grants physicians access to information about trade-secret chemicals used in natural gas drilling. Doctors say they need to know what's in those formulas in order to treat patients who may have been exposed to the chemicals. But the new law also says that doctors can't tell anyone else — not even other doctors — what's in those formulas. It's being called the "doctor gag rule." The law, which is similar to those in Texas and Colorado, requires drillers to list the chemicals used to produce oil or gas on a public website that doctors can access. But the website doesn't list all the chemicals used; it leaves off those considered to be trade secrets. These are ingredients that a company says it has to keep secret in order to maintain an edge over its competitors. Before the law, doctors couldn't find out what those trade-secret chemicals were. Now, they can. But there's a catch: Doctors can get the chemical names only if they sign a confidentiality agreement and agree not to share that information. It's not even clear whether the doctor can share the trade-secret ingredient with the patient or the patient's neighbors, co-workers or primary care doctor. Authors of the law say doctors are overreacting. A bill has been introduced to remove the need for doctors to agree to a confidentiality agreement. "The provisions of Act 13 are exactly like what we have already and had had in the federal system since the '70s. There's nothing new there."

Federal judge blocks portion of anti-terrorism law

A judge for the US District Court for the Southern District of New York on Wednesday blocked a portion of the NDAA - National Defense Authorization Act which allows for the indefinite detention of suspected terrorists, finding that it violates the First Amendment. Section 1021 of the NDAA affirms the authority of the president under the AUMF - Authorization for Use of Military Force to detain indefinitely any "person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces." A group of seven individuals and one organization challenged the law claiming it would stifle journalists' free speech and association rights. The government countered that the section is merely an affirmation of the AUMF and does nothing new.

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  • Crumbs

1 - Court suspends Mladic war crimes trial - click here.

2 - City pays $1m to mother of homeless man beaten to death by police - click here.

3 - Greece calls new election after failed talks - click here.

4 - DSK's maid is served: He sues her for $1m - click here.

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  • MiMIC Journal

China jails smuggler Lai Changxing for life

Lai Changxing has been jailed for life for running a multi-billion dollar smuggling ring. Extradited from Canada, he was convicted and sentenced by a Fujian court. The 53-year-old was accused of bribing officials and smuggling goods including cars, cigarettes and oil in one of China's biggest political scandals. He fled to Canada in 1999 and avoided extradition for 12 years by arguing he faced torture and execution in China. Beijing promised Canada he would not be executed and he was deported in 2011.

China activist Chen's relatives describe beatings

Relatives of Chen Guangcheng have described beatings meted out by local officials after the Chinese activist's escape from house arrest last month. In their first face-to-face interviews since then, Chen's brother, Chen Guangfu, said he was detained for three days and two nights, interrogated and beaten. His wife, Ren Zongju, also described how their son, Chen Kegui, was beaten. Their village, Dongshigu, in Shandong province, remains sealed off.

US puts tariffs on Chinese panels

The US says it will impose import tariffs of about 30% on Chinese solar companies, saying China is flooding it with subsidized products.

  • Law Firm Marketing

The secret to solving your website frustrations

by Tom Trush

When I put my company's first website online in 2001, the Internet was a much different place.

There was far less competition ... Google had yet to establish search engine dominance ... and having a website -- much less an online marketing strategy -- was far from a necessity.

These days, you likely understand the potential for boosting business online. But, if you're like many business owners, you're still confused on how to properly use your website.

Of course, you know having a website in today's business environment is a must. The problem is it usually requires a significant investment and how you quantify your return isn't always clear.

Right?

Furthermore, if you don't know how to update or make quick changes to your website, it's likely your content sits stagnant and acts as a glorified business card.

So why do some websites bring in business, while others do virtually nothing?

Well, first you must understand the Internet is a marketing medium. And, like other channels such as newspapers, direct mail and TV, successfully capturing leads from your website requires a strategy.

Simply put, a website is not a "build-it-and-they-will-come" marketing medium.

Once you have a strategy in place, the good news is you can leverage technology to automate much of the lead-capturing process. You can also tie in offline marketing with your website and eventually promote offers at virtually no cost.

The secret to solving your frustrations is to view your website as a marketing system -- not just a place to post content about your company.

As such, you need ...

  • Multiple ways to capture e-mail addresses and deliver relationship-building information that addresses your prospects' problems.

  • The ability to change and add content whenever you want so you don't have to spend time and money every time you create new campaigns. (WordPress eliminates this challenge.)

  • Several web forms tied into autoresponders so you can deliver instant information to your prospects when they crave it most.

  • A list management software tied into your website so you send targeted e-mails according to your prospects' actions.

  • Multiple websites (or squeeze pages) so you expand your marketing message and your online success isn't dependent on a single point of contact.

Once these pieces are in place, you can then track activity and follow up accordingly to turn your prospects into paying clients and customers.

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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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  • Historia Verdadera

Marcas

Cuba demandó hoy al gobierno de Estados Unidos, al que acusó de "robar" la marca de ron Havana Club, otorgar de inmediato la licencia que permita a la entidad cubana Cubaexport renovar ese registro. (Presione aquí)

Chevron

La petrolera estadounidense Chevron Corp no cerraría de manera permanentemente su yacimiento brasileño costa afuera Frade y podría reanudar la producción tras la resolución de las causas por un derrame de noviembre, informo Petrobras, la firma estatal brasileña asociada a Chevron en el yacimiento, ubicado al noreste de Río de Janeiro.

Elecciones

Los dominicanos elegirán el domingo a un nuevo presidente entre dos candidatos que quieren ser vistos como agentes de cambio y coinciden en algunos de sus planes. (Presione aquí)

  • Brief News

Float values Facebook at $104bn

Facebook has priced its shares ahead of one of the most eagerly-anticipated share flotations in recent stock market history. The social network said on Thursday that it valued shares at $38 each, and that its shares would begin trading in New York on Friday. At this price the eight-year-old firm would be worth $104bn. Demand is set to be high; earlier this week Facebook said it would be selling 25% more shares than planned. But questions remain about the firm's ability to generate profits and take advantage of mobile phone platforms. There are also concerns that once the company has to answer to shareholders, there may be a greater emphasis on advertising to generate profits. Facebook could be the next Google, whose shares now trade at more than six times their offering price, but it could also suffer the fate of Zynga, Groupon and other start-ups that came out of the gate strong, then quickly fell back.

Brazil truth commission begins rights abuse inquiries

Dilma Rousseff has inaugurated a truth commission to investigate rights abuses, including those committed during military rule. The four previous living presidents since democracy was restored in 1985 also attended the ceremony in Brasilia. The commission will examine the period from 1946 to 1988, but a military-era amnesty means there will be no trials. There has already been criticism from army officers and victims' relatives of the commission's remit.

Moody's downgrades Spanish banks

Ratings agency Moody's has cut the credit ratings of 16 Spanish banks, a further blow to a country that is struggling to deal with the bad debts of its banking sector. It also cut the debt rating on Santander UK, a subsidiary of the Spanish banking giant. In cutting the ratings, Moody's cited the "adverse operating conditions, characterised by the renewed recession, the ongoing real-estate crisis and persistent high levels of unemployment".

Mladic's war crimes trial postponed over evidence

It has been an embarrassing day for international justice. The war crimes trial of ex-Bosnian Serb commander Ratko Mladic has been postponed because prosecutors failed to disclose some evidence to the defense. About 7,000 pages of evidence, which should have been passed to Ratko Mladic's lawyers, were not handed over. The defense has asked for six months to process that material. Presiding judge Alphons Orie said judges would analyze the "scope and full impact" of the error and aim to establish a new starting date "as soon as possible".

Fed wary of any US spending cuts

The Federal Reserve is worried about the impact on the US economy if government spending is cut sharply, minutes of its April meeting show.

Corporate settlement policy unlikely to be changed by Congress

US lawmakers showed little support on Thursday for tinkering with a regulatory policy of settling cases without requiring defendants to admit to misconduct. US District Judge Jed Rakoff last year rejected a proposed settlement between the Securities and Exchange Commission and Citigroup Inc, and said he could not assess whether it was fair because it did not require the bank to admit or deny liability. Since such neither-admit-nor-deny language is common for most federal agencies, Rakoff's order set off a major debate in the securities world over whether enforcers should more often require defendants to admit to wrongdoing. At a congressional hearing on Thursday officials from four agencies -- the SEC, the Federal Reserve, the Federal Deposit Insurance Corp and the Office of the Comptroller of the Currency -- said requiring admissions of misconduct would hurt regulators' ability to bring cases and would soak up limited resources.

Greece names caretaker cabinet ahead of new elections

A cabinet of professors and diplomats has been sworn in in Greece to steer the debt-ridden eurozone state into repeat elections on 17 June. Panagiotis Pikrammenos, the senior judge who has taken over as prime minister, said the cabinet's sole task was to lead the country into the polls. The 300 MPs elected on 6 May are taking their seats for a single day. Voters punished the two mainstream parties, which agreed the cuts required under international bailouts. Depositors in Greece are nervous about the possibility of exiting Euro, and euros are being drained from the country's banks at a rate of up to $1 billion a day this week.

Hotels set to cut rates for June's Rio+20 summit

Rio de Janeiro hotel owners have agreed to cut prices during a major UN summit next month, amid fears that spiraling costs were putting off visitors. Some delegates, including non-governmental organizations and the European Parliament, decided not to attend, citing costs. With demand outstripping supply, average prices had jumped to $818. The move to cut prices came after talks between the government, Rio de Janeiro's mayor and local hoteliers and tourism operators. A tour operator said it was ending its 25% management fee, while hotels will no longer require that guests book for a week, but just for the nights they plan to stay. The high demand for rooms had seen rates for the summit jump at least five-fold.

Egypt court acquits police charged in protester deaths

An Egyptian court on Thursday acquitted 14 police officers charged in the deaths of protesters during popular uprisings last year. Then men were charged with killing protesters on January 28, 2011, one of the most violent days during the revolution. Nearly 200 police officers and government officials, including former president Hosni Mubarak, have been charged in connection with the deaths of at least 846 protesters, but acquittals have been common. Out of 10 cases, there have been nine acquittals and one suspended sentence, causing some critics to accuse authorities of failing to pursue justice for the victims. The verdict in Mubarak's case is due next month.

Families of bombing victims win lawsuit against Syria, Iran

A judge for the US District Court for the District of Columbia on Monday awarded victims' families over $300 million dollars in damages from the governments of Syria and Iran for their roles in an April 2006 terrorist attack in Israel. The lawsuit was filed by the Shurat HaDin Israel Law Center on behalf of plaintiffs who were injured or lost family members in a suicide bombing attack at the Rosh Ha'ir restaurant in Tel Aviv, Israel. The plaintiffs alleged that the governments of Syria and Iran offered crucial aid to the PIJ - Palestine Islamic Jihad, the terrorist group that carried out the attack. In its decision, the court found that the defendants' connection with the PIJ was significant.

  • Daily Press Review

Hamas Political Bureau leader to be elected in next 10 days
Asharq Al-Awsat, Pan-Arab daily, London, England

S.Sudan aims to obtain anti-aircraft missiles
Egyptian Gazette, English-language, Cairo, Egypt

Old becomes new as couples personalize wedding ceremonies
Haaretz, Liberal daily, Tel Aviv, Israel

Israeli firm writes off investment in Egypt gas deal
JPost, Conservative, Jerusalem, Israel

European shares knocked by Spain
BBC News, Centrist newscaster, London, England

Reactions
CNN International, London, England

Tributes for 'disco queen' Summer
Daily Express, Conservative tabloid, London, England

Spain's banking crisis rocks Santander in the UK: new worries for British customers after credit rating blow
Daily Mail, Conservative daily, London, England

Cannes 2012: Beth Ditto and wife-to-be Kristen Ogata share kiss at Rust and Bone premiere
Daily Mail, Conservative daily, London, England

Canada sex exhibition for teens sparks outcry
EuroNews, International news, Ecully Cedex, France

DIPLOMACY: Hollande to meet Obama for first time
France 24, Issy-les-Moulineaux, France

Turkey, the US, and Pakistan bargain on Afghanistan
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

David Cameron to meet new French President François Hollande for first time at G8 summit
Independent The, London, England

Putin's great leap forward
Moscow News The, Independent, Moscow, Russia

Greece on brink of collapse
Telegraph The, Conservative daily, London, England

Sir Elton John thanks astronaut for intergalactic performance of 'Rocket Man'
Telegraph The, Celebrity news, London, England

Reds want Jatuporn made a minister
Bangkok Post, Independent, Bangkok, Thailand

Spain mired in bond, banking crises, recession
China Post, English-language daily, Taipei, Taiwan

The Lessons of the 'Burmese Spring'
Chosun Ilbo, Conservative daily, Seoul, South Korea

Pakistan not to get Australian uranium: Envoy
Hindustan Times, New Delhi, India

Loot accused arrested after 31 years in Vadodara
India Times, Conservative daily, New Delhi, India

Ewing to interview for Bobcats job
Japan Times, Independent centrist, Tokyo, Japan

Kennedy family gather for another tragic wake
New Zealand Herald, Conservative daily, Auckland, New Zealand

Obama to meet Afghan president in Chicago
People's Daily Online, English-language, Beijing, China

China firms blast new US duties on solar cells
Straits Times, Pro-government, Singapore

The Miss that proved a hit
Sydney Morning Herald, Centrist daily, Sydney, Australia

Asia stock markets sink on US, Europe worries
Taiwan News, English-language daily, Taipei, Taiwan

Greece starts work on new polls as euro crisis deepens
The Economic Times, Business, Mumbai, India

Disco queen Donna Summer dies at 63
Canadian Broadcasting Centre, Toronto, Ontario

New documents, photos shed light on Trayvon Martin killing
Globe and Mail The, Centrist daily, Toronto, Canada

Indian Rupee Slumps To Record Low Against US Dollar
International Business Times, Business news organization, New York, U.S

Cuban Activists Defend Sexual Rights as Human Rights
IPS Latin America, International cooperative of journalists, Rome, Italy

Euro zone fears propel dollar, global shares in red for year
Reuters, Business News, New York, U.S

Iran may seek 'tactical gain' with U.N. nuclear deal
Reuters, World News, New York, U.S

G20 commanders committed misconduct, provincial police watchdog concludes
Toronto Star, Toronto, Ontario

Mbeki to pressure Sudan on talks
BBC News, Centrist newscaster, London, England

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