October 2, 2015 nº 1,677 - Vol. 13

"Some are born great, some achieve greatness, and some hire public relations officers."

 Daniel J. Boorstin

In today's Law Firm Marketing, How to move your marketing from monotonous to memorable


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  • Top News

Judge rules for J.P. Morgan in $8.6 billion Lehman lawsuit

A federal judge in New York granted a victory to J.P. Morgan & Co. in its $8.6 billion legal fight with Lehman Brothers Holdings Inc.'s, rejecting the failed investment bank's claim that J.P. Morgan illegally siphoned billions of dollars from Lehman before the bank's collapse. Judge Richard Sullivan of the US District Court in New York said J.P. Morgan didn't abuse its leverage as Lehman's primary clearing bank to force the investment bank to hand over more collateral in the weeks before its historic September 2008 collapse. In a 31-page decision made available Thursday, Judge Sullivan said he rejected Lehman's "fundamental premise" that J.P. Morgan "was obligated to extend credit to Lehman under its credit agreement." While the judge granted the bulk of J.P. Morgan's summary judgment motion to dismiss Lehman's claims, he said the investment bank could pursue its bid to subordinate J.P. Morgan's claim to those of other creditors. A J.P. Morgan spokesman said the bank was pleased with the ruling. A spokeswoman for Lehman's post bankruptcy estate declined to comment.

Migrant cap would violate international law, says EU official

Capping the number of refugees coming to the European Union would violate international law, a top EU official said Thursday after the German government floated the idea as part of its efforts to manage thousands of migrants arriving daily. "We need to agree on fixed, generous contingents for taking in refugees," German Interior Minister Thomas De Maizière told the lower house of the German parliament Thursday morning. These contingents, the German minister explained, would limit how many people are taken in. But Frans Timmermans, who is in charge of defending the rule of law and fundamental rights in the EU, said such a cap would violate the bloc's and international law. "It is clear to me that Europe is incapable of accepting all the refugees of the world. Having said that, our international obligations and laws are very clear: Refugees who apply for asylum have the right to have their applications reviewed. Those people who have the right to asylum will get asylum and there is no cap on that," Timmermans, vice president of the European Commission, the EU's executive, said.

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  • MiMIC Journal

CIA pulls staff from China after US government hack

The CIA has withdrawn staff from the US embassy in Beijing, fearing data stolen from government computers could expose its agents. In April, data about 21 million federal employees was stolen in a massive attack on the US Office of Personnel Management (OPM). Security companies have blamed Chinese state hackers for the attack.

Mother or girlfriend - who do you save?

If forced to choose, would you save your mother or your girlfriend from a burning building? It's a classic sticky question in China. And this year, it was a key part of China's national judicial examination, posed to future lawyers and judges. Those who pass the test are allowed to practice law in China. China's ministry of justice later posted the "correct" answer: exam writers are duty-bound to save their mothers. It would be a "crime of non-action" to choose romantic love over filial duty. But the answer isn't so obvious to Chinese internet users. Interestingly, no-one on the Chinese internet appears to address the sexist nature of the question. Should a woman save her father or her boyfriend first? Something for the future judges and lawyers to write about in next year's exam, perhaps.

  • Law Firm Marketing

How to move your marketing from monotonous to memorable
By Tom Trush

Several months ago, I listened to a presentation by Bob Burg, a best-selling author who is an authority on generating referrals and adding value to people's lives.

At one point during Bob's talk, he stopped to prove a point. What followed next was amazement to my ears ...

He began listing off the names of people in the audience -- even though he knew none of them prior to that day.

His memory was flawless, as he recited first and last names for at least 40 attendees he met just moments before he stepped on stage. As someone who struggles with remembering names, I envied his talent (and I imagine I wasn't the only one).

When he finished all the names, Bob mentioned the title of a book that helped him develop his memory. So I made a mental note to buy the book next time I was on Amazon.com.

But then I ran into a problem ...

I forgot to the buy the book. And when I finally remembered, I couldn't recall the title.

Seems appropriate, right?

So I sent Bob a note on Twitter and he replied back with the title -- The Memory Book by Harry Lorayne and Jerry Lucas.

I'm reading the book right now. What I find fascinating is how the elements of memory and marketing match like twins in identical outfits.

For example, you've seen me mention many times the importance of not being afraid to do something different with your marketing. This is because, from a mental perspective, your mind has a tough time remembering things that are ordinary.

On the flip side, when we hear or see something exceptional, we're likely to remember it for a long time. This concept is described in The Memory Book:

"When something assaults our senses in an unusual, great, unbelievable, or ridiculous way, it 'stirs' the mind. It is usually retained without effort. It is the ordinary, everyday things that we have trouble remembering."

So how "ordinary" is your marketing? Is your message the same as others in your industry? Does the way you market make it impossible for prospects to remember you?

Tom Trush is available at http://www.writewaysolutions.com.
© 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


La Microsoft anunció una inversión de US$ 1,000 mlls. en México entre este año y el 2018, para apoyar y promover la educación y la inclusión digital. (Presione aquí)

A venta

Walmart Chile, filial de la gigante estadounidense Wal-Mart, puso en venta su negocio de centros comerciales en el país para concentrar sus operaciones en el segmento de supermercados, el principal del grupo. El plan de Walmart Chile incluye la enajenación de 10 centros comerciales Espacio Urbano en distintas ciudades de Chile, cuya área bruta arrendable total es de unos 250,000 metros cuadrados.


Los controladores de la central hidroeléctrica Hidrobonito —Gruppo Ferrero y Gruppo Scotta junto a la compañía chilena Futaduao—, han iniciado el proceso de venta de la planta, que cuenta con una capacidad instalada de 15 MW y está ubicada en la región de Los Lagos, Chile. (Presione aquí)


Colombia y Panamá acordaron prorrogar por dos meses la negociación de un tratado de doble tributación y de intercambio de información financiera para combatir la evasión de impuestos y el lavado de activos en el país sudamericano. Los dos gobiernos negocian el acuerdo desde hace casi un año, después de que Colombia incluyó a Panamá de una lista de paraísos fiscales.


El español Banco Sabadell otra vez está de compras en el mercado exterior. Tras cerrar la adquisición del británico TSB, la entidad acaba de entrar en el capital del banco colombiano GNB Sudameris. Sabadell ha invertido alrededor de US$ 50 mlls. (Presione aquí)

  • Brief News

Obama plead for stricter gun laws

Speaking forcefully about the need for gun policy reform Thursday, Obama said, "Our thoughts and prayers are not enough." He called on state legislatures, governors to act and on regular Americans to "think about how they can get our government to change these laws" which, he said, "will require a change of politics on this issue." Speaking about mass shootings more generally, he said they are a "political choice that we make, to allow this to happen every few months in America." He said the issue is something "we should politicize," because "It is relevant to our common life together."

EU probes TV makers over energy efficiency test scores

The European Commission says it is "following up" two reports that raise concerns that software used in TVs may be skewing their energy rating scores. One study indicates that some Samsung TVs nearly halve their power consumption when a standardized test is carried out. Another accuses a different unnamed manufacturer of adjusting the brightness of its sets when they "recognize" the test film involved. Samsung has denied any wrongdoing. It acknowledged that it used software that altered its televisions' performance during tests, but said this was the effect of a general energy efficiency feature that came into effect during normal use and had nothing to do with the testing process. However, one environmental campaign group has likened the accusations to the Volkswagen diesel scandal, in which the German car firm admitted to programming its cars to deliberately cheat emissions tests.

Google and Microsoft agree to lawsuit truce

Microsoft and Google have agreed to end a five-year battle over patents. Eighteen lawsuits had been active between the companies, relating to uses of technologies in mobile phones, wifi and other areas. Details of the deal were not shared, but in a joint statement the firms said they would "collaborate on certain patent matters". It is the latest move by technology firms to keep patent rows out of the courts. The battles, particularly over software, intensified in recent years as firms sought to capitalize on their patent portfolios. But of late there has been a shift towards licensing rather than litigation.

France opens torture investigation of Syria government under Assad

France has officially opened a criminal torture investigation into the actions of the Syrian government under President Bashar al-Assad, officials confirmed Wednesday. The investigation is based on tens of thousands of photos allegedly documenting torture that took place in Syrian detention centers between 2011 and 2013 which have been ascribed to a Syrian Army defector known as "Cesar." Preliminary conclusions released Thursday credited the photographs with validating "widespread and systematic use of torture" by the Syrian government.

Federal appeals court rules NCAA violates antitrust laws

A three-judge panel of the US Court of Appeals for the Ninth Circuit ruled Wednesday that the National Collegiate Athletic Association (NCAA) violates antitrust laws by limiting what compensation student athletes can receive. The appeals court, however, rejected a proposal to pay students up to $5,000 a year in deferred compensation, finding that the cost of attendance was sufficient compensation. This case arose as a result of college athletes claiming they were not being fairly compensated despite the lucrative business of college football and men's college basketball, which both generate millions of dollars in revenue through attendance, TV broadcast deals and merchandise sales.

Brazil lower house speaker under pressure over Swiss accounts

A group of lawmakers called for the resignation of the speaker of Brazil's lower house of Congress Eduardo Cunha on Thursday after Switzerland provided Brazilian prosecutors with details of Swiss bank accounts in his name. Cunha, who has been charged with corruption and money laundering in Brazil's largest-ever bribery and political kickback scandal, refused to comment on the accounts that have been frozen by Swiss authorities. Third in the line of presidential succession, Cunha is a key figure in Brazil's political crisis because he can decide whether to open impeachment proceedings against Dilma Rousseff, something her opponents are seeking. Cunha has denied the accusations. He would be forced to step down if convicted of corruption by the Supreme Court, the only court that can try elected officials in Brazil.

Drugmaker tactic to block generics may violate law, FTC says

Pharmaceutical companies that make minor tweaks to brand-name drugs in order to blunt competition from cheaper generic treatments may be violating antitrust laws, the US Federal Trade Commission said. The practice, known as "product-hopping," harms consumers who save billions of dollars each year through generic competition and undermines laws that allow pharmacists to automatically substitute brand-name drugs with low-cost copycats, the commission said. "Such conduct could deprive generic companies of their most efficient means of distribution -- automatic substitution at the pharmacy -- and, as a result, maintain the brand's monopoly through illegal means," the FTC said. The FTC is asking US Court of Appeals for the Third Circuit to reinstate a lawsuit in which Mylan NV claims that the makers of an antibiotic called Doryx changed the formula to thwart competition. Allergan Plc had the rights for Doryx in the US until earlier this year when it sold them to Mayne Pharmaceuticals. Brand-name drugmakers sometimes make insignificant formulation changes to their products just before patents are about to run out and as generics are about to come to the market. Those formulation tweaks let the drugmaker switch patients to the new brand-name drug, or to make improved product claims, blunting use of the less-expensive generics.

Swedish atomic tax backed by EU Court as output costs rise

Europe's highest court ruled that a Swedish nuclear energy tax the power industry says is sounding the death knell for some reactors complies with European Union laws. The EU Court of Justice deemed Sweden's levy on the available power of reactors rather than the actual amount of electricity they provide doesn't violate the bloc's energy tax directive. After Sweden increased the tax by 17 percent in August, it now costs the nuclear industry about 4.6 billion kronor ($548 million) a year, according to lobby group Swedenergy. The tax represents about a quarter of the total cost for nuclear production.

Federal appeals court revives New York credit card surcharge ban

The US Court of Appeals for the Second Circuit on Tuesday ruled that a New York state law banning retailers from imposing surcharges on credit card purchases was constitutional, overruling a lower court decision. The appeals court voted 3-0 that the law, which sets out criminal penalties for retailers that impose surcharges on customers who pay using credit cards, does not violate the retailers' rights to free speech and due process under the Constitution. Retailers charge customers to use credit cards because they are required to pay "swipe fees" to the credit card companies every time a customer uses one. The decision is considered a victory for consumers, as most do not know about such fees until they are about to make their purchases, leaving them with the options of either accepting the charges or leaving to make their purchases elsewhere. Ten other states have adopted similar measures to stop retailers from imposing these fees.

Credit Suisse wins US exemption to continue managing pension assets

Credit Suisse Group AG won a US government exemption enabling the Swiss bank to continue managing billions of dollars in pension fund assets, following its guilty plea in a US court last year.

  • Daily Press Review

Israeli couple shot dead in occupied West Bank
Al Jazeera, Doha, Qatar

Khamenei calls for stronger Iranian military to deter enemies
Haaretz, Liberal daily, Tel Aviv, Israel

Nine dead in US college shooting
BBC News, Centrist newscaster, London, England

Wounded student's father: Gunman singled out Christians
CNN International, London, England

Kris Jenner tries to steal the limelight from Kendall with Balmain designer Olivier Rousteing
Daily Mail, Conservative daily, London, England

Umpqua Community College survivors tell stories from inside the shooting in Oregon
Daily Mail, Conservative daily, London, England

US: Multiple deaths in school shooting in Oregon State
EuroNews, International news, Ecully Cedex, France

Iraq PM open to Russian airstrikes on Islamic State militants
France 24, Issy-les-Moulineaux, France

News timeline: Attacks on Hürriyet and the aftermath
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

'Blood moon' prompts Mormon announcement: This is NOT the end of the world
Independent The, London, England

'Russia kills US-backed Syrian rebels in second day of air strikes as Iran prepares for ground offensive' - live updates
Telegraph The, Conservative daily, London, England

Jojo Moyes: 'I have an over-developed sense of empathy'
Telegraph The, Celebrity news, London, England

Latest TIFA talks 'productive': US
China Post, English-language daily, Taipei, Taiwan

LG Pins Hopes on New Premium Smartphone
Chosun Ilbo, Conservative daily, Seoul, South Korea

Pope Francis makes historic first US visit
Hindustan Times, New Delhi, India

A look at the combatants in the air and on the ground in Syria
Japan Times, Independent centrist, Tokyo, Japan

6 US service members among 11 dead in Afghan plane crash
New Zealand Herald, Conservative daily, Auckland, New Zealand

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

Beat the post holiday blues
Sydney Morning Herald, Centrist daily, Sydney, Australia

Indonesia forest fires could become worst on record: NASA
The Economic Times, Business, Mumbai, India

'It's been a terrible day,' says sheriff; 10 dead, 7 wounded in Oregon college shooting
Canadian Broadcasting Centre, Toronto, Ontario

Oregon community college shooting leaves trail of destruction
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

U.S. job growth seen accelerating, leaving Fed closer to hike
Reuters, Business News, New York, U.S

Gunman kills nine at Oregon college, dies in shootout with police
Reuters, World News, New York, U.S

Database names Conservative donors who are political appointees
Toronto Star, Toronto, Ontario

Burkina Faso coup leader 'in custody'
BBC News, Centrist newscaster, London, England


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