September 23, 2016 nº 1,794 - Vol. 13

"Advice is seldom welcome, and those who need it the most, like it the least."

Lord Chesterfield

In today's Law Firm Marketing, Why marketing can cause brain "blindness"

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  • Top News

UN official unveils principles regarding rights of migrants and refugees

A senior UN official on Tuesday unveiled a draft set of principles aimed at continuing momentum toward the protection of human rights of refugees and migrants. The momentum began with UN member states' adoption of the New York Declaration earlier this week. Kate Gilmore, the UN Deputy High Commissioner for Human Rights, talked about the necessity of making human rights, and how they are implemented, a consistent focus in discussions about migration movements: "Specifically, the 20 draft principles focus on human rights; non-discrimination; rescue and assistance; access to justice; border governance; returns; violence; detention; family unity; child migrants; women migrants; right to health; adequate standard of living; decent work; right to education; right to information; monitoring and accountability; migrants' human rights defenders; data; and international cooperation." Between these guiding principles and the New York Declaration, one goal is to eventually establish a plan for safe migration in 2018.

When global villains write 'international law'

Should great countries blindly bend to the will of the "international community" and what's proclaimed as international law? Iranian President Hassan Rouhani certainly wishes the United States would do so. In his Thursday speech to the UN General Assembly, Rouhani warned the US Congress not to pass laws that (according to his interpretation) violate the Iran nuclear deal. And he accused our Supreme Court of already committing such violations. The nuke deal — reached between Iran and six major powers and endorsed by the UN Security Council — is a "lesson" on resolving problems in the world, Rouhani said. If America fails to implement it, it would "constitute an international wrongful act, and will be objected to by the international community." Mostly, Rouhani warned, violations would "further erode credibility in the world." As an example of such wicked violations, he cited a recent Supreme Court ruling that awarded compensation for families victimized by Iranian terrorism. According to Rouhani, this ruling was further proof that "Zionist pressure groups could go as far as having ... Congress pass indefensible legislation, forcing the highest American judicial institutions to violate preemptory norms of international law." Rouhani is not alone. Similar malign Zionist obstruction of international law was the theme of Palestinian Authority President Mahmoud Abbas' UN speech.

  • Crumbs

1- Wal-Mart must face U.S. class action over alleged Mexican bribery - click here.

2 - ExxonMobil to pay $12 million in Montana oil spill settlement - click here.

3 - Taiwan asks Google to blur images from disputed island - click here.

4 - Thomson Reuters purchases buy-side tech firm REDI - click here.

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  • MiMIC Journal

China human rights lawyer sentenced to 12 years

Noted human rights lawyer Xia Lin was sentenced to 12 years in prison by a Chinese court on Thursday. Xia, who famously represented many Chinese dissidents including artist Ai Weiwei, was arrested and accused of fraudulently obtaining more than a million dollars to take care of gambling debts. He was convicted of obtaining less then half of the amount. Many accused the court of handing down an abnormally harsh sentence to prevent other lawyers from representing activists as a part of a free speech crackdown. Xia Lin was a famous human rights lawyer who credited his participation in the Tiananmen square protest as a reason to become a lawyer. (Click here)

China space station to fall to Earth in 2017

China's first space station is expected to fall back to Earth in the second half of 2017, amid speculation authorities have lost control of it. The Tiangong-1 or "Heavenly Palace" laboratory was launched in 2011 as part of an ambitious Chinese plan to catch up with other space powers. However, a senior space official has said the lab had "comprehensively fulfilled its historical mission". The lab is currently intact and orbiting at 370km above ground.

US steelmakers to file complaints over alleged Chinese tariff evasion

Steel producers in the US plan to file complaints with the Commerce Department on Friday and Monday, alleging Chinese steelmakers have been routing metal shipments through Vietnam to avoid US import tariffs.

  • Law Firm Marketing

Why marketing can cause brain "blindness"
By Tom Trush

How many times have you spent minutes scanning a supermarket shelf in search of a specific item?

Maybe you couldn't find Fruity Pebbles in the cereal aisle ... or saffron among the spices ... or, as was the case with me on Sunday, corn starch among a slew of baking supplies.

When this happens, you feel blind ... and, to a certain extent, you are.

A.K. Pradeep describes this condition in his book, The Buying Brain: Secrets for Selling to the Subconscious Mind, as "repetition blindness." The occurrence happens when the brain sees too many of the same objects. And, since it can't determine variations, everything gets blended together.

For example, let's go back to the cereal aisle at your local grocery store. The boxes have similar colors, shapes, phrases and graphics, right?

Well, it's this lack of differences that makes finding a specific brand a slow process.

Here's Pradeep's explanation on how your brain works in this situation:

"We're biologically programmed to seek differences. To seek out things that enable us to make sense out of the environment we find ourselves in and to navigate our world safely and productively. When the brain is presented with a series of repetitive images -- even if there are some differences among them -- repetition blindness sets in. The brain no longer "sees" each individual image as it would if that image stood alone, or with only a small number of similar/identical images."

Of course, the grocery store isn't the only place where repetition blindness occurs. It happens in all types of comparison situations.

And, obviously, marketing is not an exception.

As a consumer, you know this. Every day you subconsciously tune out most marketing messages, while giving your attention to a select few.

The messages you reward with interest have distinctive differences or target a desire you're actively thinking about, correct?

Too many business owners and entrepreneurs ignore this fact when creating their marketing. They look to competitors for ideas and then try to match whatever they see.

When you take this approach, you create more repetitive images in your prospects' minds. You disregard the brain's biologically programmed preference for differences. And, as a result, your message drowns in a sea of sameness

Tom Trush is availableat http://www.writewaysolutions.com.

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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 toTrey@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

Autorización

Aerolíneas internacionales pidieron inmunidad antimonopolio a Estados Unidos para poder discutir rutas a Venezuela, que están bloqueadas, según la Asociación Internacional de Transporte Aéreo. (Presione aquí)

Barrick

El gobierno de Argentina decidió llevar a la justicia a la canadiense Barrick administradora de la mina Valero por incumplimiento a las normas de medio ambiente, tras constatar los recurrentes derrames de cianuro en la mina ubicada en la región de San Juan. (Presione aquí)

México - Brasil

La mexicana América Móvil podría adquirir hasta 56% de las acciones de de la operadora brasileña Oi, con lo cual la firma añadiría un 8% a sus ingresos, estimó Accival la Casa de Bolsa de Banamex. Se calculó que Oi podría alcanzar un valor aproximado de US$ 13,000 mlls., debido a que no ha invertido lo suficiente en los últimos años, por lo que su red de telecomunicaciones podría necesitar un Capex superior al promedio para recuperar el terreno perdido con la competencia.

  • Brief News

Facebook and its lawyers slammed by judge in terrorism suits

A federal judge slammed Facebook Inc., saying the social media giant might not be doing enough to deter terrorists from using its platform. US District Judge Nicholas Garaufis in Brooklyn, New York, also accused Facebook's lawyers -- by sending a first-year associate to a hearing -- of not taking seriously lawsuits with implications of international terrorism and the murder of innocent people. "I think it is outrageous, irresponsible and insulting," Garaufis told the attorney Thursday. The judge ordered Kirkland & Ellis LLP, the law firm representing Facebook, to send a more senior lawyer to the next hearing on Sept. 28 because he wanted to "talk to someone who talks to senior management at Facebook." Garaufis is overseeing two lawsuits in which more than 20,000 victims of attacks and their families accused Facebook of helping groups in the Middle East such as Hamas. The judge noted similar suits haven't been successful under US law, which insulates publishers from liability for the speech of others. But he said that doesn't mean Facebook shouldn't take it seriously and try to address the issue.

EU rapped by WTO for $10bn a year Airbus subsidies

The EU has failed to comply with rulings that it should cut subsidies to aircraft maker Airbus, the World Trade Organization has ruled. Rival Boeing says it could pave the way for the US to seek up to $10bn (£8bn) in annual retaliatory tariffs. It follows years of accusations between the two aerospace giants that each received state funding. The WTO is yet to rule on a similar EU complaint that Boeing benefits from billions of dollars in tax breaks. Washington responded to the ruling by calling for an immediate halt for EU subsidies to support US jobs. Meanwhile Airbus said it would appeal the judgment and the EU said it found some of the findings "unsatisfactory".

21 states file suit against overtime rule

Texas and Nevada filed suit on behalf of 19 other states against the Department of Labor (DOL) Monday, challenging the Obama administration's new overtime rule. The US Chamber of Commerce, representing 50 business organizations, is also suing the DOL over the same regulation. The "new Overtime Rule," as it is referred to by challengers, was promulgated by the DOL and its Wage and Hour Division to update salary and compensation standards as well as to provide guidelines for determining who qualifies for exemption from the Fair Labor Standards Act minimum wage and overtime pay protections. The regulation raises the bar for exemption by doubling the baseline salary requirement and implementing a "duties test." The challengers assert that the regulation did not complete the rule-making process, violates federalism in regards to wage-making provisions, and bypasses Congressional authorization. The states argue that the rule will be unduly difficult to abide by as it updates standards every three years. The states also allege that compliance will result at high costs to employers, and may lead to less hours or opportunities for employment.

Attack on Yahoo hit 500 million users

Yahoo says hackers stole information from about 500 million users in 2014 in what appears to be the largest publicly disclosed cyber-breach in history. The breach included swathes of personal information including names and emails as well as "unencrypted security questions and answers". It did not include any credit card data, the site said, adding it believed the attack was state-sponsored. The FBI has confirmed it is investigating the attack.

Germany court: Volkswagen facing over $8 billion in claims

A German court said Wednesday that Volkswagen (VW) faces over USD $8.2 billion in damage claims from investors over its emissions scandal. Roughly 1,400 lawsuits have been filed at the Braunschweig court near VW's Wolfsburg headquarters. Plaintiffs allege that VW did not inform shareholders quickly enough of the impending scandal. The biggest single claim was filed for over 3.3 billion euros on behalf of institutional investors. The court is still processing claims as many plaintiffs rushed to file before the one-year anniversary of the scandal on September 18. VW may need to set aside more than the USD $18 billion that they already designated to cover the cost of vehicle refits and a settlement with US authorities.

EU top court advisor: remove Hamas and Tamil Tigers from terror list

European Court of Justice (ECJ) Advocate General Eleanor Sharpston released two opinions Thursday arguing that Hamas and the Tamil Tigers should be removed from the EU's Terror List. The opinions reason that because the organizations' governments followed the wrong procedures when including the two groups the court should reevaluate their place on the list. If the Advocate General's recommendation is heeded by the ECJ, the organizations will be removed from the Terror List and sanctions in relations to the list will be lifted. The groups' assets will cease to be frozen and the EU will cease to make extra efforts to stop any European funding from reaching them. EU officials would also be permitted to hold direct talks with senior members of either group.

Greenspan says he would like to see Dodd-Frank bank law repealed

Former Federal Reserve Chairman Alan Greenspan said sweeping post-crisis reforms of the US financial system haven't fixed the problem they were designed to tackle and should be scrapped, escalating his long-standing criticism of the 2010 Dodd-Frank Act.

Wells Fargo tests Justice Department’s get-tough approach

Guidelines issued last year by the Justice Department stressed the need to hold individuals accountable for corporate misdeeds.

IATA slams 'catastrophic' tax haven ruling in Brazil

The International Air Transport Association urged Brazil on Thursday not to list Ireland as a tax haven, a decision that would increase taxes on aircraft leases for Brazilian carriers struggling to regain profitability. In an effort to dissuade Brazilian companies from moving to tax havens, Brazil's government announced a week ago it would add Ireland, Austria, Curaçao and Saint Martin to its list of countries denominated as such, as of Oct. 1. Brazilian law requires companies registered in listed tax havens to pay a 25 percent tax rate on their contracts. IATA, a trade association of the world's airlines, said Brazil was already a very expensive place for carriers to do business and the tax ruling would undermine efforts to compete with rivals in nearby Chile and Argentina.

As Kuwait imposes world's first DNA collection law, attorney tries to fight it

A Kuwaiti lawyer has filed a formal constitutional challenge to his country's controversial mandatory DNA law, which is reportedly set to take effect in November 2016. The law mandates DNA collection from all citizens and resident foreigners, a total of about 3.5 million people, plus all visitors to the tiny Gulf state. The law was quickly passed by the Kuwaiti Parliament after a July 2015 terrorist attack in the capital left nearly 30 people dead. By having a large database of everyone's DNA, presumably it would be easier to identify victims of terrorism or perhaps even criminal suspects. The law, believed to be the first of its kind anywhere in the world, is viewed by many critics as being not only ineffective as a tool to combat terrorism but as being a potentially huge privacy liability if this database were to be stolen or hacked. Still, anyone who refuses collection could be subject to imprisonment or a fine of about $33,000.

Tesla sues to sell cars directly to Michigan consumers

Tesla Motors filed suit after Michigan denied it a license to open a store to sell directly to customers, saying a state law violates its constitutional rights and protects hometown rivals, such as General Motors.

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