June 10, 2016 nº 1,753 - Vol. 13
"The great enemy of clear language is insincerity."
George Orwell
In today's Law Firm Marketing, A complete marketing message screens prospects, makes better use of your time
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Justice Department urges high court to overturn award to Apple Over Samsung smartphones
The US Justice Department filed an amicus curiae brief urging the Supreme Court to overturn a federal appeals court ruling that awarded about half a billion dollars in damages to Apple Inc. for design patent infringements by South Korean smartphone rival Samsung Electronics Co. While the Justice Department’s filing didn’t formally take a side in the Apple-Samsung dispute, its call for a new trial was quickly welcomed by Samsung as a victory in its long-running patent dispute with the Cupertino, Calif., company. “We welcome the overwhelming support for overturning the ruling in favor of Apple, including from leading patent experts, numerous concerned companies and the US government,” Samsung said. It added that the current appeals court judgment would lead to “diminished innovation” and “negatively impact the economy and consumers.” Apple declined to comment on the Justice Department’s brief but reiterated the company’s previous comment regarding its legal fight with Samsung, saying the company values “originality and innovation.” In its petition to the nation’s top court, Samsung argues that, even if it did infringe design patents held by Apple, damages should be awarded on a proportional basis to the value of the designs being infringed—not on the value of the entire product. In the original trial, US District Judge Lucy Koh instructed the jury to come up with an award for what it deemed to be Samsung’s profit from its design patent infringement.
Trade dress
Rodrigo de Assis Torres, lawyer at Dannemann Siemsen Advogados, address the trade dress protection under Brazilian legal system, which is not yet in the same stage of evolution that US. (Click here)
1 - Russia faces another 6 months of EU sanctions - click here.
2 - North Carolina sues U.S. Justice Department over bathroom bill - click here.
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East China sea tensions rise over Chinese ships, planes
A string of incidents in and over the East China Sea points to renewed tensions between Japan and China over territory, just as a new survey underlines the animosity between Asia’s two largest economies.
Beijing to probe running tracks
Beijing authorities have ordered the inspection of all school running tracks and synthetic sports fields in the Chinese capital. It comes after parents at one primary school reported that their children suffered nose bleeds, allergies and dry eyes after using the sports track. Tests showed toxic substances present on the track, reported the Xinhua state news agency. All construction of new school athletic tracks has also been suspended. However, this has done little to ease parents' concerns who protested against the safety standards last week.
A complete marketing message screens prospects, makes better use of your time
By Trey Ryder
I don't use the word "sell" because I dislike everything selling-based marketing stands for. Still, I want to relate an old adage that contains this distasteful term. So please forgive the verbiage and absorb the message. The old adage says, "The more you tell 'em, the more you sell 'em."
What it means is this: The more information you give prospects, the more likely you are to win new clients.
Here's an example: One prospect comes into your office and says he can give you five minutes to explain how you can help him. Another prospect says he can spend half an hour with you.
Which of these two prospects is more likely to hire your services?
No doubt, the one who gave you more time. Why? Because you were able to tell him more about his problem, about your background and experience, and about the solutions you can provide.
Now take the same principle and apply it to your marketing message. It makes no difference whether we're referring to your educational packet, seminar, newsletter, web site, or anywhere else you deliver your marketing message. Your information should be complete. You should discuss everything you would discuss in a personal meeting with your prospect. The only thing that's missing is the actual one-on-one personal contact.
A complete, competent marketing message should include (1) a detailed explanation of your prospect's problem, (2) proof that the problem is so important that it should be solved now, without delay, (3) an in-depth discussion of your background and qualifications, (4) examples of other clients you have helped with similar problems, (5) comments from past clients and colleagues attesting to your skill and experience, and (6) a detailed discussion about fees and payment terms.
Some lawyers hesitate to discuss fees or other subjects they believe prospects might view in a negative way. The lawyers figure it's better to wait until the prospect is in the lawyer's office, when personal contact is at its highest and the strength of the relationship at its strongest.
But waiting for the one-on-one meeting isn't always best because it may not be an efficient use of your time. How often have you spent considerable time with a prospect only to later learn that the prospect (1) doesn't fit your client profile, (2) doesn't need exactly the service you offer, or (3) can't afford your fees?
Had you explained your client parameters to your prospect before your appointment, you would not have wasted your time.
Still, I understand that some cases are complex and require that you ask in-depth questions before you determine whether to accept a client. So I'm not ruling out the value of meetings. Even so, the more information you provide before the appointment, the fewer appointments you'll waste with prospects who fall outside your client parameters.
When you offer complete details in your written materials, seminars, and web site, you'll find that prospects who don't meet your requirements (and, therefore, aren't really your prospects), usually won't call you. In this way, your marketing message screens out people who aren't your prospects simply because you described your client parameters in your marketing message.
In fact, if you wish, you can go one step further and insert a message for prospects who are not within your target audience. You might say something like, "If you do not fall within the group of clients I serve, you're invited to call (someone else)."
Or, if you don't want to make a blanket referral, you can invite them to call your secretary who can make a referral privately. In this way, you build goodwill with lawyers to whom you make referrals, but still don't personally get involved in what could be a time-consuming screening process.
The prospect wants help. So even if that help doesn't come from you, the prospect will feel grateful if you can point him in the right direction
Don't overlook this important point: Prospects often know very little about your knowledge, skill, judgment or experience. But one thing they can and do judge, almost immediately, is the degree to which you're willing to help them.
You build a great deal of goodwill, even among non-prospects, when you help them find the help they need. Then, one day when their needs fit the profile of the clients you serve, they'll remember how much you helped them and may ask again for your help. They may also send you referrals.
So, don't hesitate to explain all the details about your services in your marketing message. You can say just about anything in ways that appear positive, qualify your prospects, and help you invest your time efficiently.
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© Trey Ryder
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Deuda
El Gobierno mexicano recaudó US$ 1.300 mlls con una oferta de deuda denominada en moneda japonesa, con lo que concluyó su programa de financiamiento externo de este año. La emisión de los llamados "bonos Samurái" se realizó en cuatro tramos. Originalmente, México indicó que iba a emitir deuda a 3 y 5 años, pero durante la promoción sumó un tramo a 10 años y otro a 20 años.
Observador
La Alianza del Pacífico aprobó en la Ciudad de México la solicitud de Argentina para integrarse como país observador del bloque compuesto por Chile, Colombia, México y Perú. Por este motivo, el presidente Mauricio Macri asistirá con esa categoría a la cumbre del bloque que se celebrará el 1 de julio en Chile.
Telefónica
Aeroméxico y Netflix ofrecerán contenidos de video durante los vuelos de la aerolínea, como parte de un programa piloto. La intención de las empresas es que los usuarios, nuevos y viejos suscriptores, accedan de manera gratuita a los contenidos de Netflix. La disponibilidad de Netflix en el cielo comprenderá las fechas del 17/6 al 17/10 de este año.
Tighter rules on money transfers put squeeze on businesses
Banks are refusing to do business with money transmitters, closing or freezing accounts over concerns about money laundering and regulatory scrutiny.
Whistleblower gets $17 million in second-biggest SEC award
The US Securities and Exchange Commission is giving a $17 million award to a former company employee who gave information that helped advance an agency investigation. “The information and assistance provided by this whistleblower enabled our enforcement staff to conserve time and resources and gather strong evidence supporting our case,” SEC said. It is the second-biggest ever in the agency’s five-year-old whistleblower program. Whistleblowers are eligible for an award if they voluntarily provide the SEC with unique information that leads to a successful enforcement action. The awards can range from 10 to 30 percent of the money collected on sanctions beyond $1 million.
Google, Facebook, Yahoo oppose expansion of FBI surveillance powers
Google, Facebook, Yahoo and various rights groups expressed opposition Monday to legislation that extends categories of Internet records that the government can collect without court approval through the National Security Letters. These expanded powers would allow the FBI to get a variety of new information such as IP addresses, routing and transmission information, session data, browsing history, e-mail metadata, location information, and log in times and dates. The first piece of legislation opposed is the Intelligence Authorization Act. This bill is supposed to expand warrant less government surveillance. The bill would allow any FBI field office to demand e-mail records without a court order. The other piece of legislation is a proposed amendment to the Electronic Communications Privacy Act, which would extend the list of available information the government can seek to include information such as account numbers, login history and bank account information.