July 29, 2016 nº 1,771 - Vol. 13

"Ambition is the path to success. Persistence is the vehicle you arrive in."

Bill Bradley

In today's Law Firm Marketing, Databases don't build relationships, and Specifics sell


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  • Top News

How diverse is the legal industry?

The very short answer: not very. Law firms have long struggled to create diverse workforces, and upper management and the partnership ranks continue to be dominated by white men. Affinity groups have tried multiple approaches to spur advancement of women and minorities through the ranks of the nation’s largest law firms—those with 100 or more attorneys—but progress has been slow.

Post-Brexit, London’s financial center has English law on its side

In its battle to keep financial institutions in London, Britain has an overlooked ally: English law. Britain’s vote to leave the European Union has sparked fears in the UK that competing financial centers, such as Frankfurt and Dublin, could siphon banks, funds and related industries away from London. The majority of international financial contracts, however, are written in English law and disputes are often settled in the country’s courts. This provides London’s financial district with a gravitational pull for financial companies. “The contracts will still be done under English law in an English court,” said Kamel Alzarka, chief executive of Falcon Group, a Dubai-based trade-finance company with a large presence in London. “I’m French. Who the hell’s gonna use French law for this?” According to research by TheCityUK, a London-based financial lobby, 27% of the world’s legal jurisdictions use English common law, in large part a legacy of Britain’s colonial era. English law also spread through the country’s former position at the center of many global trades, from cotton to gold. In 2015, more than two thirds of the nearly 1,100 claims brought to the Commercial Court of England and Wales involved at least one party from outside these two countries, TheCityUK said. Many London-based lawyers believe this is unlikely to change, even after Brexit.

Judge dismisses $24 billion lawsuit against Credit Suisse

A federal judge has dismissed a lawsuit accusing Credit Suisse of running a predatory loan-to-own scheme that plaintiffs claimed loaded four luxury ski and golf resorts with debt so it could foreclose on their assets.

International arbitration in Mexico and Brazil

In their new article, Victor M. Nosé, Marco Antônio M. Da Costa and Rodrigo M. Da Costa, lawyers at Da Costa & Nosé Advogados, analyses "Amparo" and "Mandado de Segurança", remedies adopted in Mexico and Brazil, respectively, and their application in international arbitration. "Since Article III of the New York Convention states that the rules of procedure for enforcement of foreign awards shall be done in accordance with the rules of procedure of the country where enforcement is sought, and thanks to the interaction between arbitral tribunals and national courts, knowing the procedural rules related to arbitration in both countries is extremely important." (Click here)

  • Crumbs

1 - Judges Balk at Mental Health Reporting to Gun Registry in New Hampshire - click here.

2 - World's largest carbon producers face landmark human rights case - click here.

3 - FIU loses appeal in trademark lawsuit against Florida National University - click here.

4 - Supreme Court rules against Named Person scheme - click here.

5 - North Korea Stole Millions of Online Customers’ Data, South Says - click here.


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  • MiMIC Journal

China military court sentences former top general to life for taking bribes

A Chinese military court on Tuesday sentenced former top General Guo Boxiong to life in prison for taking bribes. While the amounts of the bribes have not been officially disclosed, as the trial was held behind closed doors, the South China Morning Post reported in April that the bribes amounted to an estimated USD $12.3 million. Guo has been deprived of political rights for life and his former title of general.

Booze ban for China region's civil servants

A province in eastern China has become the latest to crack down on civil servants' boozy working lunches by banning them from touching alcohol during official duties. Business meetings conducted over a meal can often be alcohol-heavy in China, but in Anhui province they'll be sober affairs in future. Drinking is now banned during the workday and at all official activities, be it conferences or deal-making dinners. It's being described in Chinese media as the "most stringent ever" implemented in the province. The only exceptions will be for events relating to foreign affairs, or those aimed at attracting investment.

  • Law Firm Marketing

Databases don't build relationships
By Linda Julian

Managing information effectively and capturing data connected with client relationships is necessary.

Selling high value professional services today takes more than socialising with the right people, slapping backs, and depending on well-worn connections. Databases, systems, and websites have an important role, but they don't build relationships: people do.

Clients want relationships with professionals who:

-- are smart and capable
-- connect, relate, and develop strong rapport
-- have (or quickly develop) genuine insights into their world and its challenges
-- are dependable, don't let them down, and are "there for them"
-- take genuine interest
-- treat them as individuals
-- work easily and collaboratively with them
-- exude a strong sense that they care far more about doing a great job than making a billing target
-- are authentic, real, trustworthy people who take the time to listen, understand, and then hop to it.

Investing in technology and data is great, but don't overlook investing in building relationships. Start with the list above to build solid relationships -- you'll build business at the same time.


Specifics sell
By Linda Julian

Vague claims of greatness, history, longevity, size, pre-eminence, full-service, and so on don't make much sales progress.

Prospective clients reading proposals, tenders, or hearing a sales pitch are (mostly) unpersuaded by vague claims like this. Specifics sell.

Readers (or listeners) want proof -- not just assertions. Give them what they want and need to be persuaded and sold.

Introduce proof from the outset. The more proof you can offer, the better. And, the earlier you offer a range of evidence, the stronger your impact. You'll establish credibility early, and as your tender or pitch unfolds, you'll be more likely to be trusted.

Proof is strong evidence from multiple sources.

Persuasive evidence includes:

-- statistics
-- case studies
-- anecdotes
-- flowcharts, process maps, and diagrams
-- graphs and trend lines
-- whitepapers and articles
-- client lists
-- project or deal lists
-- client references and testimonials
-- expert independent reviews.

If you don't have persuasive evidence, then develop some.

A focus on proof will reduce possibilities of blandness -- assertions tend to be bland and undifferentiated. If you cite evidence, you'll avoid general "me too" claims of being "pre-eminent, full-service, cost-effective, client-focused" -- that is, just like most of the rest of those who propose.

To write or pitch persuasively, use specifics to sell.

Learn more at www.julianmidwinter.com.au


© 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

Cuba – EE.UU.

JetBlue es la primera aerolínea que comenzará, a partir del 31 de agosto, vuelos comerciales regulares entre Estados Unidos y Cuba. La aerolínea de bajo costo JetBlue Airways Corp. ofrecería el mayor número vuelos después de su rival American Airlines Group Inc., líder en presencia en Latinoamérica y que comenzaría las rutas en septiembre.


Goldcorp Inc puso a la venta su mina de oro y plata Los Filos en México y también contempla deshacerse de otras dos minas no básicas, confirmó el director ejecutivo de la empresa David Garofalo. La firma ha comenzado el proceso de venta formal de la mina Los Filos. Y estudia opciones para su mina Alumbrera en Argentina y la operación Marlin en Guatemala.


La petrolera estatal venezolana PDVSA y su par rusa Rosneft suscribieron, en Caracas, cuatro acuerdos de cooperación para exploración y distribución gasífera, formación académica e intercambio comercial de crudos. Igor Sechin, presidente de Rosneft, y Eulogio del Pino, presidente de PDVSA, firmaron los convenios en un acto que encabezó el presidente venezolano, Nicolás Maduro.


La mexicana Alpek obtuvo un periodo exclusivo de 60 días para negociar con la petrolera brasileña Petrobras su participación en la Petroquímica Suepe y la empresa textilera Pernambuco. Alpek, brazo petroquímico de Alfa, informó que el periodo de negociaciones podría ampliarse por 30 días adicionales.

  • Brief News

US faces 'moment of reckoning' says Hillary Clinton

Hillary Clinton has told voters the presidential election is a "moment of reckoning", as she made history by accepting the Democratic nomination. Clinton said she would be a president for Democrats, Republicans and Independents Speaking at the final night of the party's convention in Philadelphia, the first woman nominated by a major party said there were huge challenges. "Powerful forces are threatening to pull us apart," she said. Clinton accused her Republican opponent in November's election, Donald Trump, as sowing discord. "He wants to divide us - from the rest of the world, and from each other." But Trump tweeted that the speech failed to address the threat posed by radical Islam, making the former secretary of state unfit to lead the country.

Hillary Clinton: Nominated for president, but not for the front page

Hillary Clinton just became the first woman in US history nominated for president by a major party. So why is her husband on the front page of so many newspapers? Instead of pictures of Hillary Clinton, many newspapers across the country chose instead to feature large photos of her husband, former president Bill Clinton, or even her onetime rival for the nomination, Vermont Senator Bernie Sanders. Indeed, outside of the Newseum in Washington, the trend was on display in the glass cases which each morning contain the current day's front page from newspapers from all 50 states. Of the front pages on display the morning after Clinton's historic nomination, her picture was only on 19 of them.

Merkel rules out migrant policy reversal after attacks

Media caption Angela Merkel: "We will offer refuge and asylum to those who are persecuted." Recent attacks in Germany involving asylum-seekers would not change its willingness to take in refugees, Chancellor Angela Merkel has said. She said the attackers "wanted to undermine our sense of community, our openness and our willingness to help people in need. We firmly reject this". But she did propose new measures to improve security. These include information sharing, deciphering web chatter and tackling arms sales on the internet.

US Prosecutors probe ‘Panama Papers’ law firm’s employees

US federal prosecutors have launched a criminal investigation into whether individuals at Mossack Fonseca & Co., the law firm at the center of the “Panama Papers” scandal, knowingly helped its clients launder money or evade taxes, according to people familiar with the matter. Mossack Fonseca has been in the global spotlight since early April, when a consortium of journalists published a trove of leaked documents showing that the Panama-based law firm created hundreds of thousands of shell companies and offshore accounts for rich and powerful people around the world. US investigators are now probing one of the biggest questions that emerged after the leak: whether employees at Mossack Fonseca did anything illegal.

Ohio Supreme Court rejects law banning police from having sex with minors

A divided Ohio Supreme Court on Thursday declared a law unconstitutional that made it illegal for police officers to have sex with minors simply on the basis of their profession. The court ruled 4-3 that the law arbitrarily added police to a ban on professionals having sex with minors that includes people with authority over children such as teachers or coaches. The government can’t punish a class of professionals like police without making a connection between their job and the crime. The law overturned by the court prohibited police officers from having sex with minors if the offenders were more than two years older than the victim.

Airbnb sues Anaheim over law that makes the rental site liable for hosts who violate city law

Airbnb sued the city of Anaheim on Thursday, challenging a new city law that imposes fines on short-term rental sites for listing homes and apartments that violate the city’s rental regulations. The lawsuit, filed in US District Court in Santa Ana, marks the second time in so many months that the popular rental site has sued a city over regulations that target online rental sites over violations committed by hosts who use the sites. Airbnb sued its hometown of San Francisco last month over a law that called for penalties against rental websites that post properties for owners who don’t have a city permit or exceed the number of nights allowed to rent. In the latest lawsuit, Airbnb argues that Anaheim’s new law unfairly make Airbnb and other rental sites responsible for making sure that the properties listed in Anaheim meet city regulations.

Banker sworn in as Peru’s new leader

A 77-year-old former investment banker has been sworn in as Peru's new president at a ceremony in Lima. In his inaugural speech, Pedro Pablo Kuczynski - known as PPK - said he longed for Peru in five years "to be more modern, more just, more equal". The conservative beat Keiko Fujimori in run-off elections last month. Peru's economy has risen sharply in recent years fuelled by a commodities boom but many Peruvians live in poverty and lack basic services. Kuczynski has pledged to work for all Peruvians, calling for a "social revolution".

Egypt convicts former auditor of spreading 'false news'

Egypt's former top auditor, who was sacked after alleging government corruption, has been given a prison sentence for spreading "false news". Hisham Geneina was fired in March by President Abdul Fattah al-Sisi after estimating corruption had cost Egypt $67.6bn over four years. He was sentenced to a year in jail and fined $2,200 but told he could avoid prison if he paid an additional $1,100, judicial sources said. His lawyer said he would appeal.

IMF 'overly optimistic' about success of EU bailouts

The International Monetary Fund was "overly optimistic" about economic growth in Eurozone countries that received bailouts. That is one of the criticisms in a report from the IMF's Independent Evaluation Office (IEO). It says the handling of the crisis raises issues of transparency and accountability. The IEO acknowledged, however, that the crisis posed "extraordinary challenges" to policy makers.

Turkey coup attempt: More than 130 media outlets shut

The Turkish authorities have announced the closure of 131 media organizations, as a crackdown continues following the failed coup on 15 July. Three news agencies, 16 TV channels, 23 radio stations, 45 papers, 15 magazines and 29 publishers will be shut. One of them, Zaman, once one of Turkey's biggest newspapers, was put under state control in March. Arrest warrants have been issued for 47 staff. Many of the media outlets are linked to the US-based cleric Fetullah Gulen.

Charges dropped against remaining officers in Freddie Gray case

Baltimore City State's Attorney Marilyn Mosby announced Wednesday that charges against the three remaining officers facing trial in connection with Freddie Gray's death will be dropped. While in police custody in 2015, Gray sustained a spinal cord injury, which ultimately resulted his death. Three officers were previously acquitted in the case. Mosby proclaimed that this case showed "an inherent bias that is a direct result of when police police themselves."

Federal judge gives preliminary approval to Volkswagen settlement

A judge for the US District Court for the Northern District of California on Tuesday gave preliminary approval to a $15 billion settlement between German automaker Volkswagen AG (VW) and the US Environmental Protection Agency (EPA), California officials and consumers. Judge Charles Breyer's ruling allows attorneys to begin gathering information from nearly 500,000 consumers whose diesel-powered vehicles were found to have violated US emissions standards. Under the terms of the agreement, owners will be able to choose between having Volkswagen buy back or fix the vehicles. Final approval for the settlement could come at a hearing on October 18.

After ‘Brexit’ vote, Lloyds Bank to cut 3,000 jobs and close branches

It warned that “a deceleration of growth seems likely” in Britain after the vote to leave the European Union, but first-half profit soared.

Debt collectors’ abuses prompt consumer agency to propose new rules

The Consumer Financial Protection Bureau proposals aim to strengthen federal efforts to clamp down on collectors who hound people for debts they may not owe.


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