November 13, 2015 nº 1,695  - Vol. 13

“The bastard form of mass culture is humiliated repetition... always new books, new programs, new films, news items, but always the same meaning.”

Roland Barthes

In today's Law Firm Marketing, Educational message increases confidence in you, skepticism in competing lawyers


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  • Top News

Appeals Court: the law does not allow Obama to legalize 4.3 million illegals

A two-judge majority of a three-judge panel on the US Court of Appeals for the Fifth Circuit issued an opinion on Monday ruling that an injunction issued by a US District Court in Texas against President Barack Obama’s plan to amnesty approximately 4.3 million illegal aliens should stand. The court determined that what Obama was trying to do was contrary to the existing immigration laws of the United States that were duly enacted by Congress."In June 2012, the Department of Homeland Security (DHS) implemented the Deferred Action for Childhood Arrivals program ("DACA")," said the court. "At least 1.2 million persons qualify for DACA, and approximately 636,000 applications were approved through 2014," it said. "In November 2014, by what is termed the 'DAPA Memo,' DHS expanded DACA by making millions more persons eligible for the program and extending 'the period for which DACA and the accompanying employment authorization is three-year increments, rather than the current two-year increments.' The Secretary also 'directed USCIS to establish a process, similar to DACA,' known as DAPA, which applies to "individuals who...have,, a son or daughter who is a US citizen or lawful permanent resident' and meet five additional criteria." "Of the approximately 11.3 million illegal aliens in the United States, 4.3 million would be eligible for lawful presence pursuant to DAPA," said the court. In total, by unilateral action not approved by Congress, President Obama may have granted 5.5 million illegal aliens "lawful presence" in the United States, giving them the right to work here and take government benefits. The appeals court ruled that the injunction issued against DAPA by the district court should stand because the executive did not have the lawful power to do what the administration did. "In summary, the states have established a substantial likelihood of success on the merits of their procedural claim," the court said. "We proceed to address whether, in addition to that likelihood on the merits, the states make the same showing on their substantive APA claim."

Court upholds California death penalty

A US federal appeal court has rejected a ruling which declared that capital punishment in California was unconstitutional. The original judgment said long delays in executing prisoners meant the death penalty was "cruel and unusual". The appeal court has now dismissed that ruling as legally flawed, overturning it on procedural grounds. Separate legal arguments about lethal injections mean that executions in California remain suspended. On Thursday the court of appeals for the ninth circuit concluded that legal precedent meant the courts should not be considering the merits of the case. No-one has been put to death in California since 2006 and executions will remain on hold pending separate legal arguments about whether lethal injections are constitutional.


The CBMA – Brazilian Center of Mediation and Arbitration will promote, on December 10 and 11, the CBMA’s I International Conference on Arbitration, at FIRJAN’s Convention Center, in Rio de Janeiro/RJ. The event will bring together some of the most important Brazilian jurists, such as Justice Luis Roberto Barroso, Judge Alexandre de Freitas Câmara and lawyers Marçal Justen Filho, Gustavo Tepedino, Carlos Alberto Carmona and Heleno Taveira Torres, as well as renowned international arbitration practitioners, such as lawyers Luis O'Naghten (USA), Andrew Haynes (Canada), Ana Elisa Bruder (Germany), and José Miguel Júdice (Portugal), among others. The goal of the event is to stimulate the debate on the new trends and practices related to arbitration, and also to face the latest relevant discussions on the subject, such as "Arbitration in conflicts involving the Public Administration", "Arbitration Clause, Bylaws, New Market and Corporate Law", "Civil Procedure and Arbitration", and "Hot Topics in International Arbitration". (Click here)

Visit our new ‘Magic Eye’ page and boost your career

Migalhas International, with the support of executive search firms, brings the best career and professional development opportunities to its readers. We call this service the "Magic Eye". Click here to go to our special webpage and find your next lease on life.

  • Crumbs!

1 - The Supreme Court could soon deliver a crushing blow to the Sixth Amendment (Click here)

2 - Public Housing Nationwide May Be Subject to Smoking Ban (Click here)


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  • MiMIC Journal

Report details widespread Chinese torture in police detention

The torture of suspects in police detention is widespread in China with implements like spiked rods and torture chairs regularly deployed to extract confessions, a report alleges. The Amnesty International report is based on interviews with nearly 40 Chinese human rights lawyers. Despite China's top court banning torture in 2013 and criminal justice reforms, rights groups say the practices are still widely used.

  • Law Firm Marketing

Educational message increases confidence in you, skepticism in competing lawyers
By Trey Ryder

When you provide information to prospects -- and other lawyers don't -- prospects immediately have more confidence in you than in them.


Because the more information you provide, the higher your credibility -- the more comfortable prospects feel with you -- and, subconsciously, the more skepticism prospects feel toward lawyers who have not provided these facts As a result, information you provide creates positive feelings toward you -- and negative feelings toward other lawyers.


Prospects look for cues about whether to hire your services. Initially, those cues relate to your knowledge, skill, judgment and experience.

1. Solution. When you explain the steps you will take to solve your prospect's problem or achieve his goal, your prospect concludes that you have the knowledge and experience to handle his legal matter. Since your prospect does not know whether other lawyers could solve his problem, your explanation pre-empts other lawyers from consideration -- unless he goes to the trouble of seeking out information from other attorneys.

2. Services. When you explain in detail the services you offer, prospects have a clear picture of how you can help them. On the other hand, when other lawyers don't provide a list of services, prospects can't be sure whether those lawyers offer the services they need.

3. Biography. When you give information about your education and experience, prospects feel comfortable because they know something about your background. The more biographical information you provide, the more comfortable your prospects feel with you -- and the more uncertain they grow of other lawyers, since your prospects may know nothing about them at all.

4. Testimonials. When you offer comments from clients, colleagues and other professionals, your prospects conclude that you are respected by all who know you. When other lawyers don't provide this information, prospects can't be sure what their clients and colleagues think about them. (A few jurisdictions do not allow lawyers to use testimonials, so make sure you check your rules of professional conduct.)

5. Reprints. When you provide prospects with copies of articles you've written that have appeared in print -- or articles in which you've been quoted -- they grow to respect you as an authority in your field. When prospects have not received reprints from other lawyers, prospects assume those lawyers have never had articles in print, which reinforces their perception that you're the expert.

6. Fees. When you provide information about fees or fee ranges, prospects have an idea of how deep the well is. Prospects feel better when they have information about fees, even if the fees are higher than the prospects want. And when other lawyers provide no information about fees, prospects often assume their fees are higher than they really are. I encourage you to present fees or fee ranges as part of your marketing message.

7. Photo. Even your photo has pre-emptive value. When prospects know what you look like, they feel more at ease. It's that simple. In most cases, prospects don't care how you look, as long as you fall within their "accepted range" of how a lawyer should look. (If your appearance is extreme, you're still OK if your prospects share your extreme look.) A closely cropped photo with good eye contact and a warm, engaging smile is best.

8. Important Information. When you provide any information that your prospects want, you increase your credibility and overcome prospects' fears and concerns.


Once you have good, helpful information, your next challenge is to deliver it to your prospects. The most effective ways to deliver information are ways that your prospects find comfortable and convenient. Comfortable means prospects want to receive information at arm's length, so neither you nor anyone else can apply sales pressure. Convenient means prospects want to receive information with the smallest amount of hassle and effort, and with the least interruption in their schedule.

Comfortable, convenient ways to deliver your marketing message include:

1. Posting your information on your website.
2. Sending your information by mail or e-mail.
3. Presenting your information at a seminar or roundtable.
4. Featuring your information in a newspaper article or broadcast interview.
5. Including your information in a newspaper or magazine column.
6. Highlighting your information in your firm's newsletter.

The least comfortable and convenient way to deliver information is in person, such as when you require your prospect to come to your office. (Less-sophisticated prospects often fear that you'll try to pressure them into hiring you.) In most cases, the more sophisticated your prospect, the less he feels intimidated by you -- and the less time he has to meet with you. Many prospects want to learn about you and your background before they decide whether to meet you in person.

When you provide an educational message that contains facts your prospects want, you increase your credibility, you overcome prospects' fears, and you gain a major competitive advantage over lawyers who have not provided this information.

Bottom Line: The easiest way to gain a major competitive advantage is to provide information to your prospects. And when you put your information in writing, it's even more persuasive because it's right there in black and white, less likely to be misunderstood and not affected by a lapse in memory.

© Trey Ryder
FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to 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 Verdadeira

Multa I

BHP y Vale reciben multa de US$ 67 mlls por desastre minero. La presidenta de Brasil, Dilma Rousseff, tras visitar la región responsabilizó a la minera anglo-australiana BHP Billiton y a la brasileña Vale por el desastre ocurrido en la ciudad de Mariana, estado de Minas Gerais. (Presione aquí)

Multa II

Brasil multó hoy a la automotriz alemana Volkswagen con US$ 13 mlls. por modificar un programa de los vehículos de esa marca para burlar las normas de emisiones de gases del país. (Presione aquí)

Crisis minera

La mina de cobre chilena Sierra Gorda, una sociedad de la polaca KGHM y las japonesas Sumitomo Metal Mining y Sumitomo Corp., reducirá en un 8% su dotación de personal en medio de la persistente debilidad del mercado minero. El anuncio se suma a otros ajustes de nómina de grandes cupríferas en el país como la estatal Codelco, Antofagasta Minerals y Collahuasi, una asociación de Glencore y Anglo American con firmas japonesas.

  • Brief News

House Republicans to court: FCC lacks authority to regulate 'net neutrality'

A group of 23 House Republicans told the US Court of Appeals for the District of Columbia Circuit Tuesday that the Federal Communications Commission (FCC) "lacks the authority it claims ... and improperly bypassed the democratic process" in passing net neutrality regulations. In an amicus curiae brief urging the appeals court to vacate the FCC's net neutrality rules, the group stated "that whether and how to regulate Internet access are policy questions of such profound significance that they are to be answered only by Congress." The brief also spoke to the fact that over the last decade Congress has encountered several bills that would have conferred authority onto the FCC to govern net neutrality but failed to pass any, which they use as proof that Congress did not intend to confer such authority onto the Commission. This brief comes approximately one month before the oral arguments in this case, which are scheduled for December 4.

Volkswagen sets emissions scandal amnesty deadline

German carmaker Volkswagen has set a 30 November deadline for staff with knowledge about its diesel emissions test cheating to come forward. Workers who get in touch with internal investigators by then will be exempt from dismissal, according to a letter from VW brand chief Herbert Diess. VW said it would not sack workers for what they might reveal, but they might be transferred to other duties. "Employees covered by collective bargaining agreements who get in touch promptly, but no later than November 30, 2015... and... may rest assured that the company will waive consequences under labor law such as the termination of employment, and will not make any claim for damages," the letter said.

Spain high court blocks Catalonia secession

The Constitutional Court of Spain on Wednesday suspended Catalonia's secession resolution following an appeal by the Spanish central government asking the court to review the resolution. Earlier this week the Catalan Parliament passed the resolution to begin secession from Spain, declaring that the decision is not subject to constitutional rulings and hoping to establish a republic within 18 months. However, many expect the Constitutional Court will declare the resolution unconstitutional. Catalan independence leaders have vowed to continue their fight for separation from Spain despite the court's formal suspension of their efforts.

What's 'natural' food? the Government isn't sure and wants your input

Disagreement over terms like "all natural" or "100 percent natural" has spawned dozens of lawsuits. The Food and Drug Administration is requesting comments from the public on what "natural" means.

Surge in use of 'synthetic marijuana' still one step ahead of the law

Outlawing more than a dozen cannabinoids — chemicals concocted in labs and sprayed on leaves to create this risky street drug — hasn't stopped the problem. Chemists just make new versions.

Israel to launch 'buycott' to parry EU's settlement label step

Israel will lobby European governments and consumers to rebuff the European Union’s proposal to label the origin of goods imported from the West Bank and Golan Heights. A "buycott" campaign conducted on all media formats will encourage EU shoppers to purchase Israeli products in defiance of the recommendation Wednesday to designate the origin of Israeli goods produced in territories seized during the 1967 Middle East war. Israeli government officials, who say the move unfairly singles out their country, will urge member states to take a critical look at the proposal and is even considering legal action against the EU through the World Trade Organization. The EU already denies goods produced in the settlements the preferential customs treatment given to other Israeli exports.

EU financial-market rules delay isn't a done deal, lawmaker says

The postponement of European Union financial-market rules known as MiFID II isn't "set in stone," and can't go ahead without the endorsement of a skeptical parliament, according to EU lawmaker Markus Ferber. The European Commission, the EU's executive arm, said on Nov. 10 that "a delay might be necessary" after the European Securities and Markets Authority warned that "it won't be possible to implement certain aspects" of the legislation by January 2017, when the rules are scheduled to take effect.

Ukraine lawmakers approve bill to ban sexual orientation discrimination

The Ukrainian Parliament approved legislation Thursday to protect individuals from sexual orientation discrimination in the workplace, removing the last barrier to EU visa-free travel into the country. The bill failed several times before receiving 234 votes, surpassing the requisite 226 votes needed to pass through parliament. The bill will amend the country's labor code to prohibit discrimination in the workplace on the basis of sexual orientation, gender identity and suspected presence of HIV/AIDS. The EU recently urged the passage of this bill, as it was part of a package of legislation required by the EU for all member countries if they wish to participate in the EU visa-free travel regime.

Brazil seeks to copy US gun culture

Congressmen in Brazil, one of the most violent countries in the world, are proposing to dramatically loosen restrictions on personal gun ownership, bringing the country much closer to the American right to bear arms. The politicians say the measures are necessary to allow embattled citizens the right to defend themselves from criminals armed with illegal weapons. But opponents say the move will only increase the country’s toll of nearly 60,000 murders in 2014. The draft law, which is set to be voted on by the lower house of congress this month, introduces a right for citizens to own firearms for self-defense or the protection of property. Currently, citizens must apply for a gun permit and justify why they need a gun, meaning that applications can be easily denied.

Obama administration backs amendment to add sexual orientation, gender identity to Civil Rights Act

A White House spokesperson on Tuesday expressed President Barack Obama's support for legislationy that would ban discrimination on the basis of sexual orientation and gender identity through an amendment to the 1964 Civil Rights Act. The legislation had been under consideration for several weeks, and the White House had not been prepared to endorse it when it came under review in early October. The bill was introduced in July by Democratic Senators Jeff Merkley of Oregon, Tammy Baldwin of Wisconsin, Cory Booker of New Jersey and Rep. David N. Cicilline and is unlikely to proceed through Congress.

Maldives lawmakers vote to remove prosecutor general

Lawmakers in the Maldives voted Tuesday to remove prosecutor general Muhtaz Muhzin following his refusal to press corruption charges against the recently ousted vice president. Out of the 85-member parliament, 57 lawmakers approved a no-confidence motion against the prosecutor general. Muhtaz says that he has not been made aware of the content of the accusations against him and filed a formal request to parliament speaker Abdulla Maseeh for a public audience to respond to the charges against him, though his letter was rejected.

Europe rights court rejects free speech claim from France comedian

The European Court of Human Rights (ECHR) on Tuesday rejected claims from French comedian Dieudonné M'bala M'bala that his rights to speak freely were denied when he was convicted of and fined for hate crimes due to a 2008 performance that ended with comments and actions directed towards the Jewish community. The court determined "that human rights law does not protect negationist and anti-Semitic performances," finding the application inadmissible. According to a press release from the court, "the performance, even if satirical or provocative, ... was not protected under Article 10 of the European Convention on Human Rights." M'bala M'bala has caused controversy in recent years. As of March 2014, he had been charged with violating anti-hate laws 38 times in recent years, and earlier this year, he was convicted of condoning terrorism.

New law establishes property rights for asteroid mining

Asteroid mining companies touted a proposed federal law Wednesday that establishes property rights for outer space. H.R. 2262, or the Space Act of 2015, was passed by both Congressional houses Tuesday and awaits the president's approval. The law states any resource taken from an asteroid becomes the property of the company that mined it, an extension of existing outer space law. "Using this as the foundation, we can describe how our country is going to support this industry," said Chris Lewicki, president of Planetary Resources. "That can be a model for similar laws throughout the world." However, legal questions over other country's property rights remain, as does the skepticism of whether the practice of asteroid mining is actually possible.

  • Daily Press Review

Turkey sacks Ankara police chief after suicide bombings
Al Jazeera, Doha, Qatar

MPs approve Osborne's budget rules
BBC News, Centrist newscaster, London, England

Israeli-Palestinian violence: What you need to know
CNN International, London, England

Heidi Klum is 'mom and a dad at the same time' since her split from Seal in 2012
Daily Mail, Conservative daily, London, England

Denmark's Princess Marie denies boob job after Her & Nu magazine claimed she had one
Daily Mail, Conservative daily, London, England

Tense times in Jerusalem
EuroNews, International news, Ecully Cedex, France

Israel seals off East Jerusalem after 'Day of Rage' attacks
France 24, Issy-les-Moulineaux, France

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

Pompeii's pilferers punished with a curse from the gods
Telegraph The, Conservative daily, London, England

The Apprentice 2015: episode 1, live
Telegraph The, Celebrity news, London, England

Hung ouster in motion, Chu calls for party unity
China Post, English-language daily, Taipei, Taiwan

Up to 10 Million People Made Sick by Their Phones
Chosun Ilbo, Conservative daily, Seoul, South Korea

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

Minister vows to return donations from firms involved in bid-rigging
Japan Times, Independent centrist, Tokyo, Japan

Financial services startup Square files for $275M IPO
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

Nike says expects revenue of $50 bn by 2020
The Economic Times, Business, Mumbai, India

It's official ó the 1% finally own 50% of everything
Canadian Broadcasting Centre, Toronto, Ontario

New York teen dies after beating at church during 'counselling'
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

Wall St declines as Wal-Mart's weak forecast drags on retailers
Reuters, Business News, New York, U.S

Malaysia's embattled PM facing stern test as parliament returns
Reuters, World News, New York, U.S

Blue Jays cut lead to 2-1 against Rangers in Game 5
Toronto Star, Toronto, Ontario

US troops to help fight Boko Haram
BBC News, Centrist newscaster, London, England


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