October 21, 2016 nº 1,803 - Vol. 13

"If you don't get noticed, you don't have anything. You just have to be noticed, but the art is in getting noticed naturally, without screaming or without tricks."

Leo Burnett

In today's Law Firm Marketing, The enviable marketing position that's yours for the taking

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  • Top News

Bank legal costs cited as drag on economic growth

A heightened emphasis by banking regulators and law-enforcement officials on financial misconduct may be constraining global growth. Legal expenses are among the burdens weighing on banks, policy makers say. The roughly $275 billion in legal costs for global banks since 2008 translates into more than $5 trillion of reduced lending capacity to the real economy. Policy makers have expressed concern that strict crackdowns on banks' lapses in carrying out anti-money-laundering regulations have led banks to nearly cut off several emerging markets from the global financial system, damping their economies. The International Monetary Fund, in particular, has sounded that alarm repeatedly this year and held a conference highlighting the issue at its annual meeting in early October. Regulators say the fines and their enforcement actions reflect widespread misconduct in the industry, and that the way to reduce compliance costs is for banks to improve their behavior. Indeed, the event focused largely on new strategies that governments could adopt to further pressure banks to alter practices to better comply with existing laws.

Lawsuit over cellphones and cancer hits a stumbling block

An appeals court in Washington, D.C., on Thursday dealt a setback to a long-running lawsuit against the wireless industry over health concerns surrounding cellphones, deciding that a different legal standard for evidence should have been applied. The decision by the District of Columbia Court of Appeals will further prolong the litigation, initially filed in 2001, as plaintiffs must now produce arguments on why previously submitted evidence should continue to be included under the new standard. Jeffrey Morganroth, a lawyer for the plaintiffs, said they wouldn’t back down, and that the ruling may even help get new testimony included. The lawsuit, Murray v. Motorola, has been combined with more than a dozen other cases involving brain tumors and cellphones. Defendants include Apple Inc., AT&T Inc., Samsung Electronics Co. and Verizon Communications Inc. Plaintiffs seek more than $1.9 billion in damages. At least eight plaintiffs have died since the first case was filed.

'Turing's Law' will pardon thousands of men convicted in UK for being gay

Thousands of gay and bisexual men convicted under Britain's now-defunct sexual offense laws will be posthumously pardoned. The Ministry of Justice announced the proposed amendment Thursday that would posthumously pardon thousands convicted under those outdated laws. The so-called "Turing's Law" would also allow those who are living to apply to have their names removed from criminal records. Lord John Sharkey, the man behind the amendment, called the development "momentous" and said that of the 65,000 men convicted under the laws, 15,000 are still alive. The UK justice minister also hailed the proposal. "It is hugely important that we pardon people convicted of historical sexual offences who would be innocent of any crime today," Justice Minister Sam Gyimah said. The pardon plan has been named after the British mathematician and codebreaker Alan Turing, who played a crucial role in cracking Nazi Germany's Enigma code, greatly helping the Allies reduce casualties and accelerate the end of the war. Homosexual acts were not decriminalized in England and Wales until 1967. The laws were changed in Scotland in 1980 and in Northern Ireland two years later. Other members of Parliament are backing a more expansive measure that would not require people to apply for the pardon. The UK justice minister said he is not supporting that idea. (Click here)

EU top court rules website operators can store visitors' IP addresses

The European Court of Justice ruled Wednesday that a website operator is legally permitted to store visitors' Internet protocol addresses (IP addresses) because they have a legitimate interest in protecting themselves against cyber attacks. Under EU law, personal information can be processed if it is necessary to accomplish a legitimate objective and if it does not override the person's fundamental freedoms. The ruling is also applicable to some dynamic IP addresses, which are IP addresses that change with every change in Internet connection. The court found that a dynamic IP address is personal data if the website operator is also able to obtain additional information from the visitor through the internet service provider.

Hedge funds hurt as investors remove $28 billion in 3 months

It has been a bruising year for hedge funds. Big bets have been disastrous, investors have voiced discontent and some managers have been forced to rewrite their playbooks or call it quits. And now, there is new data to rub salt into the industry's wounds: Over the last three months, investors pulled $28 billion out of hedge funds, according to the research firm Hedge Fund Research. It is the biggest quarterly outflow of dollars since the depths of the financial crisis in 2009. So far this year, more than $50 billion has flowed out of hedge funds — much of that from the industry's biggest and best-known hedge funds.

  • Crumbs

1 - White House seeks to answer complaints of aggrieved air travelers - click here.

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  • MiMIC Journal

US seeks clarity on Duterte 'separation' comments

The US has said it will seek clarity on the Philippine president's announcement of a "separation from the US". Rodrigo Duterte made the comments in China on Thursday at an economic forum, saying the separation applied to military and economic co-operation. US State Department said the remarks were "at odds" with the "close relationship" shared by the countries. This is not the first mention of a separation from the US by Duterte.

China's internet stars embrace lowbrow — and aim for high profits

China's Internet stars are widely panned as vulgar, vapid and materialistic. But China's fierce demand for online content is helping the newly minted celebs to surpass A-list movie stars in earnings.

  • Law Firm Marketing

The enviable marketing position that's yours for the taking
By Tom Trush

Legendary copywriter Gary Bencivenga recommends what I believe is the ultimate barometer for testing any marketing piece.

While his suggestion specifically focuses on advertising, there's little chance the responses to your marketing materials won't improve when you apply it. The truth is, however, few people will dedicate the effort required to create promotional pieces that meet the high standard Gary suggests.

This is good news for you because it presents an incredible opportunity.

But before I explain why, here's Gary's advice:

Make your advertising too valuable to throw away.

The concept is simple, but the execution is anything but easy.

You see, too often marketing is viewed as a repetitive practice of placing logos, product descriptions and prices, facts about services, and contact information in as many locations as possible -- actions that rely on blind luck and do little to address what prospects truly want.

To make your marketing materials valuable, you must create exceptional content. Fortunately, you have the ability to deliver unlimited value to your prospects by giving them information that helps address their problems related to your product or service.

In turn, each time you share your knowledge, you further establish yourself as an authority in your industry. And wouldn't you agree people prefer working with experts they know, like and trust?

So don't wait around for someone to designate you an expert. Grab that title today -- it's your position!

You don't need a large audience ... you don't need a big budget ... you don't need any special equipment or training ...

You just need the guts to give advice (even better if in a public setting), share what you know and demonstrate why you are an authority.

Remember, each time you start writing a marketing piece, you begin with a blank document -- a virtual piece of paper that's worthless.

However, as you add words, the value increases based on the knowledge you share. The more you reveal, the greater the value.

Tom Trush is available at 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 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

Minería

La Fiscalía de Brasil acusó de homicidio calificado a 21 personas por 19 muertes en la ruptura de un dique de contención de residuos mineros de la compañía Samarco el 5/11/2015. Samarco es una empresa conjunta de la brasileña Vale y de la anglo-australiana BHP Billiton, que operaba una reserva minera en Mariana, en el estado de Minas Gerais (sureste). (Presione aquí)

Hidrocarburos

El regulador petrolero mexicano autorizó a la italiana Eni International perforar un pozo delimitador en el área que tiene en contrato en aguas someras del Golfo de México, a fin de evaluar la acumulación de hidrocarburos. El pozo, el Amoca 2, iniciará perforación el 1 de diciembre del 2016 y terminará el 11 de marzo del 2017.

Gas

Gobierno de Bolivia firmó contrato con consorcio coreano para la construcción de una planta de tuberías de gas que permitirá ahorrar US$ 4 mlls. La Planta, valorada en US$ 9 mlls., estará emplazada en El Alto. Su construcción empezará el 1 de noviembre sobre un terreno de 12.000 metros cuadrados.

  • Brief News

Donald Trump says he'll accept the results of the election ... if he wins

Trump made headlines at the final debate when he refused to say he'd accept the results of the election. He says it would be unfair to ask him to accept the results of the November election now. Several elections experts have spoken out against Trump's comments on a rigged election, saying that his words threaten one of the central tenets of American democracy: the peaceful transition of power. Trump cited the presidential election of 2000 as justification for his refusal to accept outright this year's election results. "If Al Gore or George Bush had agreed three weeks before the election to concede the results, and waived their rights to a legal challenge, or a recount, then there would be no Supreme Court case, and no Gore v. Bush, or Bush v. Gore." (That election case didn't start until on and after Election Day, unlike Trump, who has started claiming the election is rigged weeks before the country finishes casting its ballots.) Trump then went on to say that even asking him to accept the results of the election is unfair. "In effect," Trump said, "I'm being asked to waive centuries of legal precedent designed to protect the voters."

EU court says Germany's price floor for prescription drugs violates free trade

The European Court of Justice ruled Wednesday that Germany's price floor for prescription drugs violates free trade. Germany currently has a statutory scheme for medical insurance in which patients pay some out of pocket for prescriptions. However, foreign medical providers, such as Dutch pharmacies, found loopholes around the statutory scheme in order to pay additional costs for patients going around the price minimum. Germany, seeking to stop such practices, attempted to pass the price floor, but the EU, unconvinced that the price floor would accomplish such a goal, struck it down as unfair to fair trade in particular with foreign governments. Germany related that the government would review the holding and its implications. (Click here)

Online lenders seek to shape industry before regulators do

The companies, which offer fast access to loans for consumers and small businesses, want to show that they can police themselves.

Europe court advisor issues opinion favoring Intel appeal against antitrust fine

Advocate General Nils Wahl of the European Court of Justice issued an opinion on Thursday in favor of Intel in the dispute over a 1.06 billion euros EU antitrust fine imposed for anti-competitive behavior. Wahl questioned whether the fine received for abuse of Intel's dominant position, namely in giving rebates to customers and certain deals made with Lenovo, had really harmed competition. While the opinion given by Wahl is not binding on the court, it is suggested that the General Court's decision to dismiss Intel's appeal in regards to the fine imposed by the European Commission should be set aside and the question referred back to the General Court to examine all the circumstances of the case to properly determine the actual or potential effect of Intel's conduct on competition within the EU internal market. The ECJ will consider the opinion and decide in the coming months.

Theresa May expects full EU role until Brexit

Britain expects to be part of EU decision-making until Brexit, Theresa May has told fellow EU leaders. The prime minister said the UK should still be part of summits and negotiations when matters affecting all 28 member states were being discussed. She used the summit to make an important point - that just as Brexit means Brexit, so the UK remains IN the EU until the moment when it's officially out. May pledged to continue to "work closely" with the EU after Brexit. She stressed it was important to have a "united European stance" against "Russian aggression" that included "sickening" violence in Syria.

Venezuela's Maduro recall referendum drive suspended

Venezuela's electoral council has suspended an opposition drive for a recall referendum against President Nicolas Maduro. The council said it acted after courts in several states annulled the results of a preliminary petition, saying it had been plagued with fraud. The opposition condemned the move, saying it would escalate the crisis. It had hoped to organize the last stage of the process needed to call the referendum next week.

Samsung 'blocks' exploding Note 7 parody videos

Samsung has filed copyright claims against YouTube videos mocking its recalled Galaxy Note 7 handset. Many gamers have showcased a modification to video game Grand Theft Auto V, in which sticky bombs were switched with exploding Samsung phones. But some have reported that their videos have been blocked on YouTube following a copyright complaint. Critics have warned that trying to remove gamers' videos will only draw more attention to them.

Spanish top court overturns Catalan bullfights ban

Spain's constitutional court has overturned a ban on bullfighting in Catalonia, declaring it unconstitutional. The court said bullfighting was part of Spanish heritage and therefore any decision on banning it could only be taken by central government. Bullfighting was banned in Catalonia in 2010 on the grounds that it was incompatible with Catalan tradition. Analysts say similar laws in other regions could now also be reversed.

Brazil charges BHP and Vale staff over mine collapse

Brazilian prosecutors have filed homicide charges against 21 people a year after an iron ore mine disaster in the state of Minas Gerais. They include several Brazilians, two Americans, a South African, an Australian, a Briton and a French man. The accused were employed at the time by the companies involved - Brazil's Samarco and Vale, and BHP Billiton. In November 2015 a mine dam burst, killing 19 people and polluting miles of Brazil's waterways.

Apple complains Amazon's US site is selling fake products

Apple has complained of a "flood" of counterfeit goods masquerading as its products being sold on Amazon.com. The claim relates to items sold via Amazon's "fulfilment" scheme, whereby third parties list their goods on the retail giant's site, store their inventory in its warehouses and rely on it for deliveries. Apple warns the alleged fakes are potentially life-threatening. But it is suing one of the vendors rather than Amazon itself. (Click here)

British American Tobacco plans $47bn Reynolds merger

British American Tobacco is planning to merge with its US partner Reynolds in a deal valued at $47bn. BAT wants to buy the 57.8% of Reynolds it does not already own. The merger would bring together some of the tobacco industry's best-known brands, including Rothmans, Dunhill and Camel cigarettes. BAT has been a shareholder in Reynolds since 2004 and the company said the merger was "the logical progression in our relationship". The company is offering $20bn in cash and $27bn in shares for the US business. t estimates that it can make $400m worth of cost-savings through the merger, which includes assets such as Reynolds' production facility in Tobaccoville, North Carolina.

Lawmakers question price hikes for leukemia drug

The pharmaceutical company Ariad raised the price of a leukemia drug multiple times during a four-year period even as reports of serious cardiovascular side effects mounted.

Burundi vote to withdraw from ICC elicits concern

Burundi's vote last week to leave the International Criminal Court elicited concern from The Hague on Tuesday. President of the ICC's governing body Sidiki Kaba stated that such a withdrawal "represent[s] a setback in the fight against impunity and the efforts towards the objective of universality of the Statute." The Burundi parliament's vote to withdraw from the Rome Statute, the treaty establishing the court would make it the first country to leave the ICC.

France court allows closure of migrant camp

An administrative court in Lille, France, on Tuesday rejected requests from almost a dozen aid groups and permitted the closure process of the "Jungle" migrant camp near Calais to continue. President François Hollande has promised closure of the camp as pressure for such a result grows while the April election approaches, and Interior Minister Bernard Cazeneuve stated that the demolition project is only days away. The groups were seeking postponement of the closure in order to better organize relocation of the migrants, but the court determined that the closure seeks to prevent inhuman treatment that migrants are currently subjected to at the camp. While another concern was the transport of unaccompanied minors, the transfers are to be done pursuant to the Dublin Regulations, which in part governs family reunification. (Click here)

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