December 12, 2014 nº 1,580 - Vol. 12

"There is no truth. There is only perception."

Gustave Flaubert

In today's Law Firm Marketing, Hierarchy of needs tells us what motivates prospects to make choices

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  • Top News

What the AstraZeneca and Ranbaxy pay-to-delay case didn't tell us

A closely watched trial that many hoped would help clarify a contentious battle over access to generic drugs instead ended in disappointment last week. In fact, the outcome only seems to have underscored the difficulty in sorting out so-called pay-to-delay deals, a topic that has embroiled the pharmaceutical industry, regulators and the courts for years. In these arrangements, a brand-name drug maker and a generic rival locked in patent litigation reach a settlement. The brand-name drug maker may offer cash or something else of value and, in return, wins more time to sell its medicine without encountering lower-cost competition. The generic drug maker, meanwhile, also comes away with an agreement to sell its copycat medicine at a specified future date. Such maneuvering has raised antitrust concerns at the U.S. Federal Trade Commission, which has estimated these deals cost Americans $3.5 billion annually in higher health-care costs. For its part, the pharmaceutical industry contends the deals are not only legal, but allow lower-cost generic drugs to reach consumers faster than if patent litigation dragged on.

Clearer limits for insider trading prosecutions

Enforcers have revealed an insider trading line by stepping over it. A federal court on Wednesday threw out the convictions of two hedge fund managers, sharply narrowing the law on improper dealings. Prosecutors should expect more embarrassing reversals. The silver lining is that the ruling gives Wall Street some much-needed clarity on what's forbidden, and it may curb government excesses. Anthony Chiasson and Todd Newman were spared prison because of a legal nuance. They traded on data passed from Dell and Nvidia employees through intermediaries, but denied knowing whether those insiders were compensated for their tips. They argued correctly that such knowledge was an essential element of the alleged crime. Prosecutors disagreed and persuaded the trial judge to instruct the jury accordingly. The appeals court reversed, saying government lawyers had not even shown that the two men knew the origin of the information. That's a big problem, the three-judge panel said, because it's easy to imagine a "trader who receives a tip and is unaware that his conduct was illegal."

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  • Crumbs

1 - Oi of Brazil Agrees to Sell Assets in Portugal to Altice- click here.

2 - Appeals Court Deals a Setback to U.S. Crackdown on Insider Trading - click here.

3 - Petrobras Announced by Glancy Binkow & Goldberg LLP - click here.

4 - Protests in Paris as France unveils economic reforms -click here.

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  • MiMIC Journal

China considers limiting individuals' bond buying to stem risk

Regulators in China are considering restricting individual investors from buying corporate bonds rated below the top grade as policy makers seek to shift away from a "too small to fail" mentality, Fitch Ratings Ltd. said.

Xinjiang city to ban Islamic veil

The Islamic face veil is to be banned in public in the capital of China's restive Xinjiang region, home to the Muslim Uighur minority. The move is the latest in a campaign against Islamic clothing and symbols in the mainly Muslim region.

  • Law Firm Marketing

Hierarchy of needs tells us what motivates prospects to make choices

By Trey Ryder

In the late 1960s, psychologist Abraham H. Maslow (1908-1970) described the priorities that a person must satisfy. These range from the person's basic needs, such as food and shelter, to his self-actualization needs, when he fulfills his greatest potential.

When we understand a person's needs, we gain a better understanding of what motivates him to act. The five types of needs are as follows:

1. PHYSIOLOGICAL NEEDS... are the basic biological needs people have to stay alive. They include the need for food, water, shelter, warmth, sleep, rest and oxygen.

2. SAFETY NEEDS... are the needs to feel safe, stable and secure -- the need to be free from fear. Adults feel these needs during emergencies and times of social unrest. Children feel these needs more often, such as when they become insecure and need to be safe. People want to live in a world secure from danger -- a world that is consistent, fair, routine and stable.

3. LOVE AND BELONGING NEEDS... are the needs for affectionate relationships, such as with friends, family and their spouse. People need to escape loneliness and alienation and, instead, give and receive love, affection and a sense of belonging.

4. ESTEEM NEEDS... are the needs for self respect, meaning people need to experience the feeling of confidence, competence, adequacy, value, achievement and mastery. Also, the need for respect from others, meaning they need to experience the feeling of acceptance, recognition, reputation, appreciation and status. When esteem needs are not met, the person feels inferior, weak, worthless and helpless.

5. SELF-ACTUALIZATION NEEDS... are the person's need to find and realize the real meaning and potential in his life. Often, a self-actualization need is referred to as a "calling." The artist must paint. The writer must write. The musician must play music. When the person does not meet his self-actualization needs, he feels restless, tense and on edge. When the other types of needs are not met, the cause is evident. But when self-actualization needs are not met, often it's hard to tell what the person lacks or wants.

When marketing legal services, identify which psychological needs you can help your prospect satisfy. Then, in your marketing message, explain first how you will help your prospect solve his problem or achieve his goal, in terms of the benefits your prospect will derive. Next, add how your prospect will benefit from your help in terms of the psychological needs he wants to satisfy. In this way, you emphasize the many things your prospect gains by hiring your services.

Also, in the alternative, explain that if your prospect decides not to hire your services, he will continue to suffer with his problem unsolved or his goal not achieved. Add to this how his psychological needs will remain unfulfilled. In this way, you emphasize what your prospect loses by not hiring your services.

When your marketing message focuses on both your prospect's fear of loss and desire for gain -- and when you match the benefits you can provide with the psychological needs your prospect wants to fulfill -- you create a powerful marketing message that few prospects can resist.

© 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

Acuerdo

El Salvador y la empresa italiana Enel firmaron el "un Acuerdo Marco" para ponerle fin al litigio por US$120 mlls que reclamaba la firma por impedirle adquirir más acciones en la sociedad salvadoreña LaGeo. (Presione aquí)

De autos

El fabricante estadounidense de vehículos General Motors (GM) invertirá más de US$ 5.000 mlls. en México para duplicar su capacidad de producción en el país hacia el 2018. En el 2013, la empresa produjo en México 645.823 unidades. Entre enero y noviembre de este año, la producción de la firma fue de 635.252 vehículos ligeros, que en una mayoría exporta a Estados Unidos.

  • Brief News

CIA chief says 'abhorrent' tactics may not have been essential

CIA Director John Brennan defends his agency's past interrogation program but admits some techniques used against detainees were "abhorrent". He said some officers acted beyond their authority but most did their duty; the CIA "did a lot of things right" at a time when there were "no easy answers". But we have not concluded that it was the use of "enhanced interrogation techniques" (EITs) within that program that allowed us to obtain useful information from detainees who were subjected to them, he added. "The cause-and-effect relationship between the use of EITs and useful information subsequently provided by the detainee is, in my view, unknowable." Senator Dianne Feinstein, whose committee produced the report, said torture should now be outlawed by law.

Brazil truth commission reports torture during military rule

Brazil's National Truth Commission [official website, in Portuguese] released a report [press release, in Portuguese] on Wednesday declaring that state agents engaged in human rights violations between 1964 and 1985 when the country was under military rule. The human rights violations include enforced disappearances, torture, sexual violence, executions and hiding bodies. At least 434 people are believed to have died or gone missing during this period, and 210 bodies have never been found [BBC report]. The report also urges the prosecution of those who were involved in the violations. The commission began investigating the abuses in May 2012, gathering thousands of testimonies and holding public hearings throughout 20 Brazilian states. Brazil's current President, Dilma Rousseff [official website, in Portuguese] was one of the victims tortured and imprisoned [AP report] during the 1970s. (click here)

10 Wall Street firms fined over conflicts in Toys 'R' Us I.P.O.

The Financial Industry Regulatory Authority fined the 10 firms $43.5 million, saying they implicitly or explicitly offered favorable research coverage in return for a role in a planned I.P.O. of Toys "R" Us.

2 economists better than 1 is Apple iPod trial strategy

Apple Inc. tried a two-economists-are-smarter-than-one strategy to convince a jury in a $1 billion antitrust trial that it wasn't trying to cheat consumers with its early iPod upgrades. Two University of Chicago professors summoned by Apple testified Dec. 10 and Thursday that a Stanford University economist called earlier as a witness by consumer attorneys got it wrong when he calculated that "locking" iPod users to iTunes raised prices starting in 2006 and resulted in damages to consumers and retailers totaling $351 million. Topel's colleague, Kevin Murphy, told the jury Dec. 10 that Apple's "integrated" system for digital music, made up of a music player, a media player and a music store, was "pro-competitive" and benefited consumers because it was seamless, reliable and easy to use. Because Apple controlled every piece of the system, "it had the flexibility to innovate," Murphy said. "There was no anticompetitive impact."

Strict new copyright law forces end of google news in Spain

Online search giant Google is shutting down its Google News service in Spain before a new intellectual property law is introduced. Google will shut the service on 16 December before the law comes into effect in January, the firm said. The law allows Spanish publications to charge services like Google News if their content is shown on the site. But Google has argued against the ruling, saying that it makes no money from its search-based service. Richard Gingras, head of Google News said that the law which would allow Spanish publishers to charge Google "for showing even the smallest snippet from their publications" was not sustainable. "Google News itself makes no money (we do not show any advertising on the site)," he said. He also pointed out that publishers can choose whether or not they want their articles to appear in Google News. "The vast majority choose to be included for very good reason. Google News creates real value for these publications by driving people to their websites, which in turn helps generate advertising revenues," he said. The Spanish legislation, nicknamed the "Google Tax", did not specify how much the tech giant would have to pay publishers. Global newspaper publishers have long argued that services such as Google News infringe on their copyright by creating an online selection of headlines.

Canada police 'can search phones'

Canadian police can search the contents of a mobile phone after arrest, the Supreme Court of Canada rules. In a 4-3 decision, the court said a warrant was not needed as long as the search is directly related to the suspected crime and records are kept. The dissenting judges argued phones were an "intensely personal and uniquely pervasive sphere of privacy". The outcome is opposite from a similar case decided in the US Supreme Court in June. In a unanimous decision, the US high court said searches of mobile phones must require a warrant, with few exceptions. Canada's lower courts were previously divided on the issue.

US House passes $1.1tn budget bill

The US House of Representatives has passed a $1.1tn budget, hours before government was due to shut down at midnight on Thursday.

Funds audit clears UK Islamic charity

Britain's biggest Islamic charity says an audit of its activities in Palestinian Territories shows no evidence it funded terrorism. Islamic Relief Worldwide denied claims made first by Israel and later the United Arab Emirates and hired leading auditors to review its West Bank work. The charity works with international organizations and governments, such as Unicef and the World Food Program.

Executives charged in Petrobras scandal

Brazilian prosecutors have charged executives from six of the country's largest construction firms in connection with a corruption scandal at the state-run oil company, Petrobras. The 22 executives and 13 others are accused of forming a cartel and channelling kickbacks into a Petrobras scheme to pay politicians. They were also charged with money-laundering and organized crime. If they are convicted, the accused face more than 20 years in jail. The executives were accused of forming a "club" to rotate contracts with Petrobras and cream off cash for politicians to look the other way. Dilma Rousseff who served as chair of the Petrobras board for seven years has denied any knowledge of the corruption scheme.

Attorney faces rare sanction from nation's highest court

The Supreme Court raised eyebrows earlier this week with a highly unusual order demanding that a patent attorney at a major law firm show cause as to "why he should not be sanctioned for his conduct as a member of the Bar," in connection with a petition filed with the court. It's not every day that the nation's highest court singles out a corporate attorney for possible punishment. Supreme Court observers don't recall seeing such an order come down in more than a decade.

Uber's troubles mount even as its value grows

The attorneys general of San Francisco and Los Angeles counties are suing Uber. "Prosecutors say that Uber misrepresents and exaggerates how extensively it does background checks on drivers. Uber searches publicly available databases on individuals, but prosecutors say it needs to take fingerprints to check for criminal histories like traditional taxi companies." Complaints against the company fall into two broad categories: One is the accusation that it doesn't screen its drivers properly; the other is the fact that it lacks permits to operate or is unregulated, and hence the charge that Uber has an unfair advantage over traditional taxis.

Mutual fund industry may face new rules

Mary Jo White, chairwoman of the Securities and Exchange Commission, said the agency was considering whether to update its liquidity standards for mutual funds.

After protests, Harvard Law students request exam delay

Students at Harvard Law School, joining their counterparts at a pair of other leading universities, have asked that final exams be postponed for students who have been "traumatized" by two recent grand jury decisions in Missouri and New York, and who have focused their energies on protesting racial injustice. "Unless you act now, you will allow the systematic underperformance of a great many students of color and allies on this campus on their exams," a student coalition wrote in a letter Monday to law school administrators. "We cannot walk away from our pain, and we cannot ignore our call to act against the injustice that threatens our families and our commitment to the justice system." Law students at Columbia and Georgetown universities have made similar requests.

Detroit's bankruptcy is over

"The financial emergency in the city of Detroit will be defined as wrapping up today," Michigan Gov. Rick Snyder. The largest municipal bankruptcy in U.S. history, will end at 12:01 a.m. ET on Thursday. Paperwork to officially end the bankruptcy would be approved later today. The move comes a month after a federal judge approved a strategy for the city to exit bankruptcy.

Russian Baltic moves 'unprecedented'

Poland complains of "unprecedented" Russian military activity in the Baltic Sea region, saying Nato is being tested but is not at risk of attack.

Bridge scandal prosecutors may use obscure fraud law

Federal prosecutors investigating the lane closings at the George Washington Bridge last year are considering charges based on a rarely used provision of a fraud statute, under which they could argue that associates of Gov. Chris Christie of New Jersey used the bridge for a purpose other than its intended one. The statute can be used against members of any government agency that receives more than $10,000 a year in federal money — which could include the state, or the Port Authority of New York and New Jersey, which operates the bridge — and it is typically used to elevate offenses committed by local officials into federal crimes. People close to the case say prosecutors have not settled on a legal theory for any charges. But even identifying a possible theory is significant; a big question since the United States attorney in New Jersey began investigating the bridge scandal in January has been whether the lane closings violated any federal law. While one possible chain of events would be to charge people involved with official misconduct, that is a state, not a federal, crime.

The strange British law that is leading hundreds of people to mimic sex acts

On Friday at midday, hundreds of people have arranged to meet at Old Palace Yard, next to Britain's Houses of Parliament. Once there, they plan to mimic sexual acts en masse while singing from the classic British comedy Monty Python. According to the Register, the group had been hoping to get the Guinness Book of World Records staff on hand, though they were rebuffed. It may seem an unusual way to spend a weekday, but for those people planning to attend, the event is designed to highlight something more serious: A shift in Britain's laws regarding pornography that they see as a dramatic infringement of rights. At the start of December, the Audiovisual Media Services Regulations 2014 came into force, amending the 2003 Communications Act. The amendment essentially meant that all online video on demand pornography would be judged the same as pornography sold legally in stores on DVDs, which is subject to the restrictions of the British Board of Film Censors (BBFC).

Commerzbank Faces $1 Billion Penalty

German lender Commerzbank is likely to pay more than $1 billion to U.S. authorities to resolve two probes examining whether it violated U.S. economic sanctions and money laundering laws.

  • Daily Press Review

CIA chief defends agency after torture report
Al Jazeera, Doha, Qatar

Amr Moussa Considers Election Boycott
Asharq Al-Awsat, Pan-Arab daily, London, England

Shots fired at Israeli embassy in Athens, no injuries
Haaretz, Liberal daily, Tel Aviv, Israel

Water bills 'to fall by 5% by 2020'
BBC News, Centrist newscaster, London, England

Congressional staffers protest
CNN International, London, England

X Factors bosses fear Mel B will not be able to appear in the live finals as the Spice Girl is struck down with mystery illness
Daily Mail, Conservative daily, London, England

Houses earn more in a year than the average worker: Prices soar by GBP 29,000 over past 12 months†
Daily Mail, Conservative daily, London, England

No agreement on climate change as UN summit in Peru enters final hours
EuroNews, International news, Ecully Cedex, France

CIA chief defends interrogations but regrets 'abhorrent' abuses
France 24, Issy-les-Moulineaux, France

City Theaters' costumes awaiting new museum
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

10-year-old boy accused of killing woman, 90, 'misses his mum in jail' and is 'scared and lonely'
Independent The, London, England

Major Ukrainian TV provider drops Russian channels
Moscow News The, Independent, Moscow, Russia

Brazilian serial killer admits to being 'addicted' to murder after killing 38 women
Telegraph The, Conservative daily, London, England

Russell Brand under fire for sexism and bullying in heated Question Time debate
Telegraph The, Celebrity news, London, England

China's Xiaomi stopped from selling handsets in India
China Post, English-language daily, Taipei, Taiwan

Korean Air Scandal Escalates
Chosun Ilbo, Conservative daily, Seoul, South Korea

Korean Air chairman sorry for daughters nut rage
Hindustan Times, New Delhi, India

Delhi witnesses coldest morning
India Times, Conservative daily, New Delhi, India

On the campaign trail, ex-minister Obuchi says sorry for scandal
Japan Times, Independent centrist, Tokyo, Japan

US envoy says no sign North Korea wants to reopen talks
New Zealand Herald, Conservative daily, Auckland, New Zealand

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

Up, up and away
Sydney Morning Herald, Centrist daily, Sydney, Australia

BC-HKN--NHL Standings
Taiwan News, English-language daily, Taipei, Taiwan

China, Vietnam clash again over South China Sea claims
The Economic Times, Business, Mumbai, India

CIA director defends agency's techniques after critical Senate committee torture report
Canadian Broadcasting Centre, Toronto, Ontario

Ukrainian president slams India over Crimean leader's visit
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

Climate Neutrality - the Lifeboat Launched by Lima
IPS Latin America, International cooperative of journalists, Rome, Italy

China November output, investment data show further weakness, more stimulus expected
Reuters, Business News, New York, U.S

HK media tycoon Jimmy Lai arrested over democracy protest, quits tabloid
Reuters, World News, New York, U.S

Drug companies' gifts to pharmacists probed by Ottawa
Toronto Star, Toronto, Ontario

Dozens killed in Nigeria bombings
BBC News, Centrist newscaster, London, England

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