August 12, 2016 nº 1,777 - Vol. 13
"Life is pain, highness. Anyone who tells you differently is selling something."
William Goldman
In today's Law Firm Marketing, 1 "con" you should use -- and 2 "cons" you should avoid like the plague
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Airbnb and others set terms for employees to cash out
Technology start-ups have long wrestled with a conundrum of how to reward their employees. Many of their workers are compensated with lucrative piles of a start-up's stock, but cannot cash it in because the shares do not trade publicly. So private companies such as Pinterest and SpaceX are increasingly arriving at the same solution: They are giving employees some controlled opportunities to sell their start-up shares — but in return, workers now must agree to more explicit restrictions on what they can and cannot do with their remaining stock. This type of bargain was recently struck at Airbnb, the online room rental start-up. In July, the San Francisco-based company offered employees an opportunity to sell a percentage of their Airbnb stock as part of a deal that let investors buy those shares, according to two people who spoke on the condition of anonymity. In exchange, Airbnb employees had to agree to prohibitions on their remaining stock, including more categorical language that they could not trade or sell the shares, these people said. While Airbnb has long had a blanket restriction preventing workers from selling or transferring shares, it recently detailed these rules point-by-point, these people said. The move illustrates how Silicon Valley start-ups are honing their approaches to employee shares. The young companies often give out stock to attract workers, who see the shares as a potentially rich payday when the start-up eventually goes public or gets sold. But as more Silicon Valley start-ups have delayed an initial public offering or sale, the companies have felt increasing pressure to return cash to employees.
Common sense alone not enough in patent law, US Court find
Judges can't rely on common sense alone when analyzing the validity of a patent, an appeals court ruled Wednesday in a loss for Apple Inc. and Alphabet Inc.'s Google.
A US Patent and Trademark Office review board was wrong to use only "common knowledge and common sense" -- without more to back it up -- to invalidate a patent closely held Arendi S.A.R.L. had asserted against the tech companies, the US Court of Appeals for the Federal Circuit ruled. That rationale "cannot be used as a wholesale substitute for reasoned analysis and evidentiary support," the Federal Circuit ruled, reversing the invalidity decision. Patent law is notoriously complicated, where judges have to parse through wording and obscure research papers to figure out what a skilled artisan would know that a member of the general public would not. (Click here)
Marijuana to remain illegal under federal law, DEA says
Marijuana advocates who hoped the cascade of states moving to legalize medical marijuana would soften the federal stance on the drug faced disappointment Thursday as the Drug Enforcement Administration announced it will keep marijuana illegal for any purpose. Marijuana will remain a Schedule 1 substance under the Controlled Substances Act. Substances in Schedule 1 are determined by the Food and Drug Administration to have no medical use. States that allow marijuana for medical use or legalize recreational use remain in defiance of federal law. The announcement to be published Friday in the Federal Register relaxes the rules for marijuana research to make it easier for institutions to grow marijuana for scientific study. The DEA currently authorizes just one grow facility in Mississippi. In reaching its conclusion, the DEA said a Health and Human Services evaluation shows marijuana has no "currently accepted medical use" because "the drug's chemistry is not known and reproducible; there are no adequate safety studies; there are no adequate and well-controlled studies proving efficacy; the drug is not accepted by qualified experts; and the scientific evidence is not widely available." "There is no evidence that there is a consensus among qualified experts that marijuana is safe and effective for use in treating a specific, recognized disorder," the report added. "At this time," the DEA concluded, "the known risks of marijuana use have not been shown to be outweighed by specific benefits in well-controlled clinical trials that scientifically evaluate safety and efficacy."
Ambush marketing
In their new article, Rodrigo de Assis Torres and Marina Alcantara Camarão, lawyers at Dannemann Siemsen Advogados, explain what is the practice known as ambush marketing and the new challenges that are coming and may emerge in the Olympic Games in Brazil.(Click here)
1- Judge dismisses suit accusing Twitter of supporting IS group - click here.
2 - New powers to cut off illicit mobile phones used in prisons - click here.
3 - Microsoft buys Beam in e-gaming push - click here.
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Australia risks Chinese anger over power grid sale
Australia's decision to preliminarily block Chinese and Hong Kong bidders from taking a controlling stake in Ausgrid, the country's largest Australia network, over national security concerns, is likely to be met with outrage and indignation in China. Treasurer Scott Morrison said that allowing a deal to go through with bidders from Hong Kong or the mainland would be "contrary to the national interest." The Chinese don't like being snubbed. Australia's move comes as the UK has postponed approval for the Hinkley point nuclear power project, in which China's General Nuclear Power Corp will have a minority stake, on similar concerns.
Business groups appeal to China over cybersecurity law
A coalition of 46 business groups from the United States, Europe and Asia has appealed to China to change proposed cyber security rules they warn will harm trade and isolate the country. The action adds to mounting complaints Beijing is trying to squeeze foreign competitors out of promising industries in violation of the communist government's market-opening commitments.
Alibaba reports growth, even as China's economy stumbles
For many American investors, Alibaba is seen as a proxy for the health of the Chinese economy and the strength of its consumers.
1 "con" you should use -- and 2 "cons" you should avoid like the plague
By Trey Ryder
Lawyers often ask me to explain how selling-based marketing differs from education-based marketing. I point out the standard differences about giving prospects what they want, information and advice -- and removing what they don't want, a sales pitch.
But the fine points of education-based marketing go much deeper.
You and I, as consumers, want people to respect the fact that we have a brain -- and that we can make our own decisions without someone else (the salesperson) telling us what to do. This important point clearly defines how the respected authority and consultant (you) differ from the pushy salesperson (nearly everyone else).
The difference is in the three cons: Convince. Conclude. Control.
The salesperson tries to "convince" you that you need what he's selling by controlling your decision. (We refer to this as sales pressure.) On the other hand, the authority offers facts and advice that allow you to "conclude" that you need what he offers -- and that you need it right now He never tries to control your decision.
Here are two typical examples:
#1: Salesperson: "This service will save you time and money. Sign here and I'll finish the paperwork in two minutes." (He tells you what will happen and tells you what to do.)
Authority: "From the facts I have provided, I think you'll agree that you'll save considerable time and money by choosing option A over option B." (The authority respects the person's ability to listen to the information, draw his own conclusions, and make his own decisions.)
#2: Salesperson: "You must sign up for this service now. Otherwise, I can't be held responsible."
Authority: "From the case history I've just presented, I hope you see how important it is that you act now, without delay."
ADVICE: When you talk with prospects, make sure you provide facts, case histories, information and advice that allow prospects to conclude they need what you offer -- and soon. The moment you turn the tables and tell them what they need, they see you as a salesperson. This undermines your credibility and you lose their respect.
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© Trey Ryder
FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to [email protected]. 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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Malvinas
La cancillería de Argentina confirmó la existencia de negociaciones con el Reino Unido tendientes a reestablecer los vuelos desde la Argentina a las Malvinas, y que se levanten las sanciones a las petroleras que exploran en las islas, tal como reclaman los británicos. En este marco se tramita un encuentro entre el presidente Mauricio Macri y la primera ministra Theresa May para principios de septiembre en China en oportunidad de la cumbre del G20.
Rescate financiero
La española Abengoa llegó a un acuerdo con sus acreedores para su rescate con una inyección de capital de US$ 730 mlls. (Presione aquí)
Exportaciones
Bolivia exportó a China sus primeras diez toneladas de carbonato de litio provenientes de una planta piloto de producción ubicada en el salar de Uyuni, en la región de Potosí (suroeste), un cargamento que tuvo un valor de US$ 70.000. Autoridades del Ministerio de Minería del país altiplánico informaron que empresa importadora certificó la pureza de la producción boliviana de carbonato de litio y pidió un nuevo lote.
Republican letter urges party to cut Trump's funding
More than 70 Republicans have signed a letter to the party's National Committee head urging him to stop helping Donald Trump's campaign. They said Trump's "divisiveness" and "incompetence" risked drowning the party in November's election. The letter said that the party should instead focus on protecting vulnerable candidates in elections to the Senate and the House of Representatives. Former members of Congress are among the signatories of the letter. "We believe that Donald Trump's divisiveness, recklessness, incompetence, and record-breaking unpopularity risk turning this election into a Democratic landslide," they wrote. "Only the immediate shift of all available RNC (Republican National Convention) resources to vulnerable Senate and House races will prevent the GOP (Republican Party) from drowning with a Trump-emblazoned anchor around its neck." The letter added: "This should not be a difficult decision, as Donald Trump's chances of being elected president are evaporating by the day."
Clinton wants a chief trade prosecutor
Democratic presidential nominee Hillary Clinton has vowed to appoint a chief trade prosecutor to ensure countries abide by trade pacts if elected. The new position would be supplemented by tripling the number of trade enforcement officers. "I will stand up to China and anyone around the world who tries to take advantage of American workers," Clinton said. "I will stop any trade deal that kills job and holds down wages." The answer is to finally make trade work for us, not against us," Clinton said. She threatened to impose "targeted tariffs" on countries that did not play by the rules set out in free trade deals.
Argentina Plaza de Mayo group holds 2,000th rally
Argentine human rights group the Mothers of Plaza de Mayo has held its 2,000th weekly rally in Buenos Aires. They have marched on the square in the center of the capital every Thursday since 1977, fighting for justice for victims of the 1976-83 military regime in the country. Human rights groups say about 30,000 people were killed during that period. Argentine President Mauricio Macri has been criticized for questioning the number of victims of the junta. On Thursday, thousands of people cheered as the Mothers of Plaza de Mayo, arrived at the square in front of the presidential palace. Many members of the group are now in their 80s and required assistance to walk.
Germany in new anti-terror plan to thwart Islamist militants
Germans with dual nationality will lose their German citizenship if they fight for militant Islamist groups abroad under new anti-terror proposals. Interior Minister Thomas de Maiziere also announced plans to speed up the deportation of foreign criminals. He announced extra personnel, equipment and surveillance powers for the police. But he rejected banning the public wearing of the burka (the Islamic full veil). And he resisted pressure to ease medical confidentiality. There was a move in France recently to deprive jihadists of their French citizenship, but it did not get through parliament.
Google fined for breaking Russian antitrust rules with Android
Russian antitrust officials fined Google $6.8 million on Thursday, a relatively small penalty that nevertheless represents the latest in a growing list of global regulatory problems for the American search giant. Russian authorities ruled last year that Google had abused its market position with Android, its mobile operating system, by favoring some of its digital services over those of rivals, including the Russian company Yandex. As part of its ruling, the Federation Antimonopoly Service said that Google’s rivals had not been able to include their own offerings, like digital maps or search, in the Android operating system that powers a majority of smartphones and other mobile devices in Russia. In a statement on Thursday, the agency said that Russia’s competition rules applied to all companies operating in the country, including foreign ones. (Click here)
Macy's to close 100 stores as e-rivals and discounting hit legacy retailers
Macy's announcement closely follows that of Walmart, which said it would buy Jet.com in what is widely viewed as a way to invigorate its online sales.
I.M.F. lends $12 billion to Egypt to fix ailing economy
The International Monetary Fund agreed to grant Egypt the loan over three years to help stabilize its currency and reduce its budget deficit.
US couple sues IP mapping firm over 'digital hell'
A US couple is suing an internet mapping firm for $75,000 (£58,000) after years of "digital hell". MaxMind matches IP addresses, which are used to connect devices to the internet, to physical locations. It has said these are not meant to be precise. James and Theresa Arnold say it registered their home as the position of more than 600 million addresses. They say this has led many people to wrongly believe a host of crimes were committed at the property. "The first week after the Arnolds moved in, two deputies from the Butler County Sheriff's Department came to the residence looking for a stolen truck. This scenario repeated itself countless times over the next five years," documents filed with a Kansas court read. The Arnolds complained they have been disturbed at all hours by "local, state or federal officials looking for a runaway child or a missing person, or evidence of a computer fraud, or call of an attempted suicide".
Venezuela and Colombia to partially reopen border
Colombia and Venezuela have agreed to partially reopen their border, almost a year after it was closed. Colombian President Juan Manuel Santos and his Venezuelan counterpart Nicolas Maduro announced that the frontier would be opened on Saturday. During the first stage only pedestrians will be allowed to cross in five places along the 2,200km (1,370 miles) border. Maduro shut the border on security grounds. Many Colombians were expelled, and bilateral trade has since fallen. The two presidents said that the five crossings would be open daily from 08:00 to 20:00 local time.
McDonald's pressured to serve up global antibiotics ban
A new online campaign is putting pressure on fast food giant McDonald's to impose a global ban on products from animals treated with antibiotics. Scientists warn that treating livestock with antibiotics will lead to a rise in drug-resistant superbugs. Last week, the fast food chain stopped using poultry treated with antibiotics - but only in its US restaurants.
Belize top court strikes down anti-homosexuality law
The Belize Supreme Court on Wednesday struck down a law banning sodomy, declaring it unconstitutional. Section 53 of the Belize Criminal Code banned "carnal intercourse against the order of nature." The law was challenged in 2010 by Caleb Orozco, whose organization, UniBAM, reported the ruling on Twitter. Section 53 had been law in Belize since colonial times, and Belize is the first Caribbean nation where such a law has been declared unconstitutional. The court has not yet published a copy of the judgment.
DOJ: Baltimore Police Department engages in discriminatory practices
The Baltimore Police Department (BPD) has engaged in tactics that violate the First and Fourth Amendments and numerous anti-discrimination laws, according to a report released by the US Department of Justice (DOJ) on Wednesday. The report is centered on the use of excessive force and illegal stops, seizures and searches, especially within the African-American community. Most at fault for the systemic discrimination against African-American citizens, the DOJ said, are "deficient policies, training and accountability systems," including the "zero-tolerance" street enforcement.
Polish tribunal says parts of new law unconstitutional
Poland's Constitutional Tribunal ruled Thursday that parts of a new law governing its own operation are unconstitutional, but the government said it won't publish the ruling, which effectively kills it. These latest developments in a nine-month saga centered on Poland's highest legislative court are seen at home and abroad as a bellwether for the state of the nation's young democracy. The legislation, passed in July, is the work of the right-wing Law and Justice party, which took power in November and set out to change both the makeup of the 15-judge court and the rules by which it functions. Party leaders complain that the opposition is overly represented in the tribunal, and that changes to the court were needed so the party can enact its conservative agenda. But the European Union and civil rights groups in Poland and abroad accuse the party of eroding the rule of law and human rights. They say the court is unable to act as a check on government power, violating the democratic principle of separation of powers. The court has been unable to rule on other legislation that critics say harm civil liberties, including laws that have increased government control over state media and police surveillance powers.
Thailand made it law to ban 'dishonest' politicians
Imagine a nation purged of all "dishonest" politicians. Better still, top judges and key cabinet officials who lack "ethical standards" are also swept from power. This may sound positively dreamy to voters in many countries — including the United States, where about three in four adults say "most people in politics" cannot be trusted. Well, this policy of enforced honesty is now the law in Thailand. But there's a major catch. "Honesty" is determined by a group of unelected bureaucrats — all beholden to an army known for enforcing its political desires with tanks and crackdowns. This is the new political system designed by Thailand's military junta. Now that it's been validated by a referendum, conservative generals have reason to celebrate.
GM continues to seek shield from ignition-switch suits
General Motors wants a second shot at a favorable court ruling that would protect it from hundreds of potential lawsuits and billions of dollars in liabilities tied to faulty ignition switches.
Fifth Third fired counsel over relationship with Fannie CEO
Fifth Third, Ohio's largest bank, fired its general counsel last month because she was having a romantic relationship with the CEO of Fannie Mae.
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