August 29, 2014 nº 1,536 - Vol. 12

"The great thing in the world is not so much where we stand, as in what direction we are moving."

Oliver Wendell Holmes

In today's Law Firm Marketing, How well does your new marketing piece deliver your message? The Ongoing Battle of Art vs. Copy

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  • Top News

Obama: Russia causing Ukraine crisis

Obama has accused Russia of being responsible for the violence in eastern Ukraine. He said the fighting was not the result of a home-grown uprising but of "deep Russian involvement", and new satellite images made its role clear. Nato said there had been a "significant escalation in the level and sophistication of Russia's military interference in Ukraine" over the past two weeks. Russia denies Nato claims that more than 1,000 Russian troops are fighting with pro-Russia separatists. It accuses Ukraine of attacking its own people. More than 2,000 people have been killed in four months of fighting. Nato is to hold an emergency meeting on Friday to discuss the crisis. It follows Thursday's emergency meeting of the United Nations Security Council in New York. Pro-Russian separatists have recently opened a new front in the conflict, seizing the south-eastern coastal town of Novoazovsk. It has raised fears that the Kremlin might want to create a land corridor between Russia and Crimea - a territory annexed by Russia from Ukraine in March.

Iceland eruption triggers red alert

The Icelandic Met Office raises its aviation warning level near the Bardarbunga volcano to red after an eruption began overnight.

Ebola outbreak: West Africa travel bans to be lifted

West African health ministers meeting in Ghana have agreed that travel restrictions imposed to combat Ebola should be lifted. The ministers followed advice from the World Health Organization (WHO) which said that the restrictions create food and supply shortages and harm efforts to contain the deadly virus. The WHO says the West Africa outbreak could infect more than 20,000 people. It says there could be four times more cases than officially registered. The WHO said it was important that airlines resume "vital" flights across the region, because travel bans were threatening efforts to beat the epidemic.

Judge's ruling could affect bondholders in corporate bankruptcies

A federal bankruptcy judge's ruling in a closely watched corporate case seems to have made the distressed debt market a bit unhinged. This Judge Robert D. Drain week, issued a ruling on the bankruptcy exit plan of Momentive Performance Materials, a specialty chemicals manufacturer owned by the private equity firm Apollo Global Management As part of the ruling, the judge said that senior debt holders did not have to be paid a make-whole call payment provided for in their bonds. As reported by The Daily Bankruptcy Review, one analyst, seeking to get in good with the bankruptcy bench, went so far as to call the ruling "made up." The same article said that the ruling influenced the prices of other bankrupt issuers. (Speculating about market price movements is always a bit dicey, despite its long, illustrious history). The irony is that until a few years ago, bankruptcy experts would have been shocked if anyone had argued that bondholders were entitled to a make-whole payment in a Chapter 11 case. Of course, that was in an age when traded debt was still mostly unsecured, and bondholders would have been happy to simply get paid full principal and interest.

Simple Being

What would you do if you suddenly could not speak, hear or see? Explore life, literally, to experiment with it is the theme of a new movie co-produced by attorney Maurício Vedovato, coordinator of the Entertainment, Media and Sport Law of the law firm Lilla, Huck, Otranto, Camargo Advogados. The Brazilian premiere lands at 17h, at Cine Brasília, on Saturday 30/8, as part of the Competitive Exhibition of Brasilia International Film Festival – BIFF. The movie here was named "Em busca do sentido da vida" (in search of meaning of life). After the screening, there will be a discussion with director Marco Ferrari. Please check here.

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  • MiMIC Journal

China warns US over surveillance flights

Beijing has rejected US claims that one of its fighter jets acted recklessly in intercepting a US Navy maritime patrol plane in the South China Sea last week, warning Washington to curtail or discontinue "close surveillance" flights near Chinese territory. "According to different situations we will adopt different measures to make sure we safeguard our air and sea security of the country," Defense Ministry spokesman Yang Yujun said. "If the United States really hopes to avoid impacting bilateral relations, the best course of action is to reduce or halt close surveillance of China," Yang said.

Fonterra in big China dairy tie-up

New Zealand dairy giant Fonterra announces its intention to take a 20% stake in one of China's biggest milk processors, Beingmate. It would also help Fonterra increase its share of China's large and lucrative infant dairy food market. China relies on New Zealand for almost all its imports of milk powder.

  • Law Firm Marketing

How well does your new marketing piece deliver your message?
The Ongoing Battle of Art vs. Copy

By Trey Ryder
 
The purpose of an ad, brochure, flier, website, or any other marketing tool is to deliver your marketing message. If it doesn't effectively deliver your message, nothing else matters.
 
How often have you looked at a website or newspaper ad and shaken your head because you couldn't read it? The font was too small. Or the background color made the type hard to read. Or someone printed words on top of a photograph or illustration.
 
In the battle of art vs. copy, copy always wins. Words deliver your message. The art is there only to support, enhance and draw attention to your message. Art should never take priority over your words.
 
Every marketing piece should be easy to read, easy to understand, easy to follow. It should always deliver your message quickly and directly, and never leave the reader wondering what you were trying to say.
 
Crisp. Clean. Simple. Straightforward. And appealing to the eye.
 
Any time you review a marketing document, look first for anything that's hard to read. Then correct it. Look second for anything that's difficult to understand. Then correct it. Look third for situations when the art gets in the way of the wording. Then correct it.
 
Remember, if it's hard for you to read or understand, imagine the problems your reader will face. But since your prospect doesn't care about your message nearly as much as you do, rather than trying to figure out what you're saying, your prospect does something else. He turns the page -- tosses your flier into the trash -- or goes to another website and you lose a new client. Plus, you lose the money you invested in the ad, brochure or website.
 
In marketing, common sense rules. No excuses or explanations can justify a poorly designed marketing piece. If your prospect can't read it and understand every word, then it's no good and you should reject it.
 
A good marketing piece must communicate instantly and completely. If yours doesn't, go back to square one and start again.
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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

Parque x minería

El Congreso de República dominicana aprobó ley que convierte en Parque Nacional una montaña donde una filial de Glencore Xstrata, de capitales anglo suizos - tiene una concesión, en medio de protestas contra el proyecto minero que dejaron al menos dos muertos y varios heridos. (Presione aquí)

Inversiones

La petrolera argentina YPF, controlada por el Estado, firmó un acuerdo con la malaya Petronas para perforar en una primera etapa más de 30 pozos de crudo no convencional en la formación patagónica Vaca Muerta, con una inversión de hasta US$ 550 mlls. El acuerdo con Petronas se suma al que YPF alcanzó el año pasado con la estadounidense Chevron por US$ 1.240 mlls. para desarrollar recursos no convencionales.

Nacionalidad

Un senador puertorriqueño del partido gobernante lanzó este jueves la polémica propuesta de establecer que el español sea el primer idioma oficial de la isla y que el inglés se quede como segunda lengua de este Estado Libre Asociado a EE.UU. (Presione aquí)

  • Brief News
'We don't have a strategy yet' on Islamic State, Obama says

Obama says the US doesn't "have a strategy yet" on how to deal with Islamic State militants who now control vast swaths of territory across Iraq and Syria, but he added that the militant group was continuing to lose arms and equipment because of targeted US strikes against its members in Iraq. The president noted that the US is continuing to carry out targeted strikes over Iraq to protect Americans there and to address the humanitarian situation on the ground. The Sunni militant group, in its brutal campaign, has carried out mass executions and targeted non-Muslims, including Christians and members of the tiny Yazidi community. Obama noted that in some areas, Iraqi government and Kurdish forces have begun to push the militants back. He later added: "The options that I'm asking for from the Joint Chiefs focuses primarily on making sure that ISIL is not overrunning Iraq."

Russian fund with US advisers eludes sanctions

US and EU sanctions against Russia have so far avoided one prominent financial institution: the $10 billion Russian Direct Investment Fund, which has partnered with brand-name American companies and whose advisers include top US and European private equity executives. Despite its ties to Russian state businesses and officials, the Russian Direct Investment Fund has managed to operate unaffected by the sanctions imposed by the US and EU in response to Putin's military actions in Ukraine. The fund has been working to help replace Western investors in Russia with money from Asia and the Middle East. In one recent deal, the fund and its partners paid $700 million to a Russian petrochemical company that is partially owned by a sanctioned Russian businessman. The fund's head, Kirill Dmitriev, said that the company with which it did the deal, Sibur, has not been targeted by sanctions but otherwise declined to discuss fund investments.

Texas law could lead to closure of clinics that offer abortions

A federal judge in Austin, Texas, will issue a decision in the next few days about whether clinics that perform abortions in the state must become outpatient surgery centers. The Texas law is part of a national trend in which state legislatures seek to regulate doctors and their offices instead of women seeking abortions. The laws are collectively known as TRAP laws, for "Targeted Regulation of Abortion Providers."

More than 3m have fled Syria

The UN says Syria is now "the biggest humanitarian emergency of our era" with more than three million Syrians living outside the country as refugees.

Obamacare's latest threat nears turning point in court

Two years after a single vote on the US Supreme Court saved a core part of Obamacare, opponents are trying to topple the measure again, this time using a four-word phrase in the law. A disputed provision in the Affordable Care Act suggests that millions of Americans can't get the tax subsidies created by the law to reduce the cost of health insurance. All sides are now waiting for a federal appeals court in Washington to make a procedural decision that will have outsize implications. The announcement could come any time.

Google tests drone deliveries in Project Wing trials

Google has built and tested autonomous aerial vehicles, which it believes could be used for goods deliveries. The project is being developed at Google X, the company's clandestine tech research arm, which is also responsible for its self-driving car. Project Wing has been running for two years, but was a secret until now. Google said that its long-term goal was to develop drones that could be used for disaster relief by delivering aid to isolated areas. Amazon has asked the US Federal Aviation Administration for permission to conduct outdoor tests but would not be permitted to carry out the Project Wing tests in the US.

Nigeria launches national electronic ID cards

Nigeria's president has formally launched a national electronic identity card, which all Nigerians will have to have by 2019 if they want to vote. Goodluck Jonathan received the first biometric card which can also be used to make electronic payments. MasterCard is providing the prepaid payment element and it hopes millions of Nigerians without bank accounts will now gain access to financial services. An attempt to introduce national ID cards in Nigeria 10 years ago failed. The Nigerian Identity Management Commission (NIMC), which is behind the rollout, is trying to integrate several government databases including those for driving licences, voter registration, health insurance, taxes and pensions.

Deutsche Bank in mis-reporting fine

The London branch of Germany's Deutsche Bank has been fined £4.7m by UK regulators for inaccurate reporting. The Financial Conduct Authority (FCA) said the bank mis-reported 29m transactions between November 2007 and April 2013. "There is simply no excuse for Deutsche's failure to get this right," said the FCA in a statement. Deutsche Bank said it had undertaken a "complete review" of its reporting systems to rectify the problem. The mis-reporting involved "contracts for difference" - a derivative that lets people bet on share price movements. The FCA has already fined 10 other firms for breaching transaction reporting rules.

FBI investigates cyberattacks against financial institutions

The FBI says it is investigating reports in the US media of recent cyber-attacks against several US banks. The reports suggest between two and five banks have been targeted, including Wall Street giant JP Morgan Chase. JP Morgan Chase declined to comment on the reports directly, but said companies of its size experienced cyber-attacks "nearly every day". "We have multiple layers of defence to counteract any threats and constantly monitor fraud levels." The FBI did not indicate who it suspected of being behind the attacks. But Bloomberg News said the investigation was looking at the possible involvement of Russia, amid worsening relations with the US over crises in Ukraine and the Middle East. Some of the nation's largest banks distanced themselves from a cyberattack that hit J.P. Morgan, saying they had no indication they had been the victims of a similar incident. The FBI said in a statement that combating cyberthreats and criminals remains a top priority for the US government and that it's "constantly working with American companies to fight cyber attacks."

Germany announces new rules to fight EU 'benefit tourism'

The German government has announced proposals to tackle alleged abuses of the benefits system by migrants from elsewhere in the European Union. Under the plan, EU migrants would no longer receive social welfare benefits after six months out of work. EU citizens convicted of benefits fraud could also face deportation. Ministers say the proposed laws would offer relief to areas overstretched by a high influx of poor EU citizens, especially from Bulgaria and Romania. The proposals still need parliamentary approval, however. Interior Minister Thomas de Maiziere said they could take effect from 2015.

UK court rulings show move away from European to common law

Leading judges are putting "renewed emphasis" on British constitutional principles after years of concentrating on European legislation as a source of rights and obligations. Recent court decisions suggest that UK constitutionalism was "on the march", although the developing trend could just be a response to a "rising tide of anti-European sentiment". "After more than a decade of concentrating on European instruments as the source of rights, remedies and obligations, there is emerging a renewed emphasis on the common law and distinctively UK constitutional principles as a source of legal inspiration," Lady Brenda Hale, deputy president of the supreme court, commented in a lecture to lawyers. Litigants and litigators had been reminded that they should look "first to the common law to protect their fundamental rights".

Immigration authorities settle lawsuit with ACLU

The American Civil Liberties Union (ACLU) settled a federal lawsuit (text) on Wednesday, requiring US immigration authorities to ensure that undocumented Mexican immigrants are made aware of their right to a hearing before an immigration judge. The class action lawsuit, filed in June 2013, alleged that immigration authorities in Southern California threatened undocumented Mexican immigrants with jail time and falsely informed them of their ability to arrange their legal status from Mexico in order to encourage voluntary departure. Immigration and Customs Enforcement (ICE) and US Customs and Border Patrol (CBP) have denied the use of coercion or deception in offering the option of voluntary departure, which would prohibit immigrants from reentry for 10 years, but would help them avoid the potentially serious consequences of formal deportation actions. Based on the terms of the settlement, agencies will be required to provide written information and establish a hotline informing undocumented immigrants of their rights. Additionally, government officials must allow the undocumented individuals to use a working phone and a list of legal providers for two hours before requiring them to decide whether or not to voluntarily depart.

India top court says Modi should disqualify charged politicians

India's top court on Wednesday ruled that lawmakers with criminal backgrounds should not serve in government positions but that Prime Minister Narendra Modi should be allowed to choose his own cabinet. The supreme court expressed hope that, despite this freedom, Modi would keep public expectations and the country's democratic values in mind when considering people with criminal backgrounds.

Businesses are winning cat-and-mouse tax game

Across corporate America, companies large and small are finding new ways to address one of the business world's oldest irritations: paying taxes. By exploiting existing loopholes and devising new ones, some of the country's best-known companies are making it harder than ever for the federal government to replenish its already depleted coffers. As a result, business income tax revenue remains stagnant at about 2 percent of gross domestic product even as corporate profits hit records. The decline is the result of the rise of untraditional business structures, the effects of a more globalized economy and a labyrinth of subsidies and tax credits. And though the erosion has happened gradually over decades, the surging popularity of inversions — acquisitions of overseas companies that allow American corporations to reincorporate abroad — is raising concerns that an already precarious situation is growing untenable.

Zero-tolerance policing is not racism, say St. Louis-area cops

The protests that followed the shooting death this month of Michael Brown in Ferguson, Mo., have rekindled long-standing complaints about racist policing, especially in the St Louis area. Many male African-American residents there say police scrutinize them unfairly. "Every time you see a cop, it's like, 'OK, am I going to get messed with?' " says Anthony Ross. "You feel that every single time you get behind your car. Every time." Now, police officers in and around St. Louis are becoming more vocal about defending themselves against the charges of bias.

'Practice-ready' matters to young lawyers, too

Employers often complain that law schools don't do enough to prepare graduates for life as practicing lawyers. Well, it turns out that young attorneys feel pretty strongly about it, too. A new survey in the September issue of The American Lawyer suggests that job satisfaction among mid-level associates is heavily influenced by how well they believe their law schools prepared them for practice.

Thailand court dismisses murder case against ex-PM

The Criminal Court in Bangkok on Thursday dismissed the murder case against former prime minister Abhisit Vejjajiva and the former deputy prime minister Suthep Thaugsuban for lack of jurisdiction. Abhisit and Suthep are charged with premeditated and attempted murder for ordering the Thai military to use live ammunition to clear Bangkok of anti-government protesters four years ago. The 2010 operation killed at least 98 people and injured thousands.

Federal judge strikes down part of Utah's polygamy ban

A federal judge on Wednesday finalized a ruling that strikes down part of Utah's ban on polygamy. The case is high profile partly because the suit was brought forth by the Brown family, the stars of the TLC show Sister Wives. It's also important because as it works its way through the appeals process, it has the potential to become a landmark.

Arab Bank said at trial to have sent $4 million to Hamas

Arab Bank Plc maintained accounts for senior Hamas leaders, including former spiritual leader Sheikh Ahmed Yassin, a former Israeli military official testified in a US trial over claims the bank helped finance suicide bombings carried out by the Palestinian militant group.

Federal judge denies Apple request to ban Samsung phones, tablets

Judge Lucy Koh of the US District Court for the Northern District of California on Wednesday denied a request by Apple for a permanent injunction barring Samsung Electronics from selling products that infringe on Apple's patents. The Cupertino based tech company had sought to ban the sale of certain Samsung products that a jury in May had found to have violated three Apple patents. Koh found that Apple had failed to satisfy the burden of proving irreparable harm or linking that harm to the three patents infringed on by Samsung. Continuing patent litigation in US courts between the two companies is expected going forward.

Travel wisdom: the rewards of being nice

Paul Haswell, a Hong Kong-based lawyer and hip-hop DJ, talks about racking up a million air miles, traveling as a vegetarian, and the wisdom of being polite while on the road. “My No. 1 tip for traveling is—wherever you go in the world and no matter what goes wrong on the trip—always be polite. I've found the best thing to do is just be nice to people.”

  • Daily Press Review

Ukraine rebels to open path for trapped army
Al Jazeera, Doha, Qatar

After encircling government forces, Ukraine rebels say will allow them to flee
Haaretz, Liberal daily, Tel Aviv, Israel

Joan Rivers rushed to hospital following throat surgery
JPost, Conservative, Jerusalem, Israel

Abusers 'brazenly targeted girls'
BBC News, Centrist newscaster, London, England

Is 'Immortal' jellyfish key to eternal life?
CNN International, London, England

Joan Rivers in medically induced coma after she stopped breathing during surgery
Daily Mail, Conservative daily, London, England

Breaking wind near colleagues, defacing ID cards and switching language on their computers: Tribunal lifts the lid on 'prank' culture that turned rotten in EE call centre
Daily Mail, Conservative daily, London, England

UN demands release of peacekeepers held hostage in Golan Heights
EuroNews, International news, Ecully Cedex, France

West backs Ukrainian claims of Russian incursion
France 24, Issy-les-Moulineaux, France

Twitter keen to open office in Turkey, but needs time and communication: Turkish watchdog
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Isis 'A Message in Blood' video shows beheading of Kurdish man in Iraq
Independent The, London, England

Homeless man who accepted award on behalf of Miley Cyrus 'turns himself in'
Telegraph The, Conservative daily, London, England

Homeless man who accepted award on behalf of Miley Cyrus 'turns himself in'
Telegraph The, Celebrity news, London, England

Japan economy stalls as incomes, spending languish
China Post, English-language daily, Taipei, Taiwan

Samsung Researcher Named Among Young Innovators
Chosun Ilbo, Conservative daily, Seoul, South Korea

MH17 trial either in Malaysia or ICJ
Hindustan Times, New Delhi, India

DU fake admission scam unearthed, three arrested
India Times, Conservative daily, New Delhi, India

Dozens of planes grounded in German pilot strike
New Zealand Herald, Conservative daily, Auckland, New Zealand

Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore

What really happens when Apple launches an iPhone
Sydney Morning Herald, Centrist daily, Sydney, Australia

Malaysia Airlines to cut 6,000 staff in overhaul
Taiwan News, English-language daily, Taipei, Taiwan

Malaysia Airlines to cut 6,000 staff in overhaul
The Economic Times, Business, Mumbai, India

Putin urges safe passage for Ukrainian troops surrounded by separatist rebels
Canadian Broadcasting Centre, Toronto, Ontario

UN says 43 Golan peacekeepers seized by militants, 81 trapped
Globe and Mail The, Centrist daily, Toronto, Canada

Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S

Brazil to Monitor Improvement of Water Quality in Latin America
IPS Latin America, International cooperative of journalists, Rome, Italy

Malaysia Airlines to cut 6,000 jobs, spend $1.9 billion on restructuring: Khazanah
Reuters, Business News, New York, U.S

Captain of doomed South Korea ferry says lack of checks was customary - Yonhap
Reuters, World News, New York, U.S

Canadians Eugenie Bouchard, Milos Raonic advance at U.S. Open
Toronto Star, Toronto, Ontario

Ebola travel bans 'should be lifted'
BBC News, Centrist newscaster, London, England

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