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November 14, 2014 nº 1,568 - Vol. 12

“We live in deeds, not years; in thoughts, not figures on a dial. We should count time by heart throbs. He most lives who thinks most, feels the noblest, acts the best.”

Philip James James

In today's Law Firm Marketing, The headline genie who grants prospects' wishes

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• Top News

Pandora's box or panacea? Lessons from the UK's liberalization of law-firm ownership

Disruption is often a direct result of innovation, and in today's global market, innovation and its subsequent disruption in one area of the world set the course for meaningful transformation in another. The legal industry is currently experiencing a period of evolution that exemplifies this modern reality. The path to change was first charted nearly eight years ago in the UK with the Legal Services Act allowing non-lawyers to own law firms. We now find ourselves faced with US and UK legal systems, which, while rooted in similar foundations, remain at odds with one another. The issue in question: Corporate ownership of law firms. Both sides will insist they are fighting in the name of consumer interest. The idea that allowing non-lawyers to manage or hold interest in law firms will cause lawyers to disregard the interest of clients or make it subservient to profits is a common misconception. Set aside for a moment the fact that law firms in the US are routinely ranked by revenue and profits per partner, and consider the reality of ABSs. The Legal Services Act 2007 was not a wholesale rejection of professional ethics, but a change from proscriptive rules to compliance-based and entity-based regulation. In essence, the legislation changed from saying "you, lawyer, may not do these things" to saying "you, lawyer or entity providing legal services, must do what it takes to achieve certain outcomes for your clients." This is hardly the Wild West.

American law is in a state of crisis

Administrative law, which is supposed to control the temptations for abuse of power inherent in any bureaucracy, creates blank lettres de cachet for Federal agencies, and EPA, FDA, SEC, etc. have become tools of special interests or self-referential mobius strips rather than expert administrators. In the tsunami of stories depicting the crisis, they all have two common themes. The first is that they involve government. The second theme is that the examples are intertwined with the capture of governmental power by special interests, both economic and ideological. Perhaps the most disturbing part of the crisis is that revelation of the cascade of legal horrors does not lead to reform. The perpetrators are not sanctioned, or even embarrassed. Indeed, each revelation encourages even greater depredations, as the sociopaths of the system learn that they have not yet reached the bounds of possibility. "Gee, you mean we can get away with that, too? Let's go!"

Americans' cellphones targeted in secret US spy program

The Justice Department is scooping up data from thousands of cellphones through fake communications towers deployed on airplanes, a high-tech hunt for criminal suspects that is snagging a large number of innocent Americans.

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• Crumbs

1 - Apple must face U.S. lawsuit over vanishing iPhone text messages - click here.

2 - US turns up heat with criminal investigation into Petrobras - click here.

3 - Alibaba Goes Global, Singles Day Sales Top $5.9 Billion - click here.

4 - Lawyers played central role in US$3.4b bank fine procedures - click here.

5- Blocking The Pirate Bay: Lawsuit Aims To Knock Torrent Site Down In Sweden - click here.

6 - SEC Seeks $329 Million From Wylys in Illegal Trading Case - click here.

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• MiMIC Journal

Alibaba eyes first bond sale after record listing

Chinese e-commerce giant Alibaba is set to meet with investors next week as it considers issuing its first US bond sale. The tech giant has hired Morgan Stanley, Citigroup, Deutsche Bank and JP Morgan to manage the sale. Alibaba would offer dollar-denominated notes to institutional investors.

The great game is on

The fact is that China and the United States have a lot in common. They are both countries which believe in their own special destiny and which see their culture as an exceptional gift to humanity. Both are huge continental powers, one which leads the world now and the other which has done so in the past and expects to do so again. Of course there are as many differences as similarities. The US is a young quarrelsome democracy, China an ancient bureaucratic state. As the Apec summit ends and the US-China summit begins, the question haunting both events in Beijing: which giant is more resilient for the challenges of the 21st Century?

US and China pledge to cut carbon emissions

The US and China on Wednesday announced a negotiated agreement to reduce greenhouse gas output. Leaders of both countries negotiated secretly to arrive at the following pledge: The US seeks to reduce emissions by a quarter or more by 2025, while China will implement greater use of zero-emission energy sources by 2030. This agreement marks the first time that China, the world's chief emitter of greenhouse gases, has pledged to cap its emissions. The two nations' production currently accounts for one-third of global greenhouse gas emissions. While some claim that this agreement is an important step in addressing climate concerns, critics have called the plan unrealistic.

(Click here)

• Law Firm Marketing

The headline genie who grants prospects' wishes

By Tom Trush

With proper preparation, today's copywriting tip won't take you long to learn or incorporate into your next marketing piece. 

What I'm about to reveal is the easiest way to write powerful headlines that capture attention and keep prospects reading your marketing materials. 

But first we must lay some groundwork by identifying your target prospects. So who is your market? What are their ages and gender? What is their income level? 

Also, what are their biggest concerns, emotions and needs? And what information or help do they need to deal with them?

Once you understand the answers to these questions, you're ready to perform some genie magic. So begin by envisioning yourself having a face-to-face conversation with your ideal prospect. 

Now, just like the genie who appears from Aladdin's lamp, imagine telling that prospect you can grant any wish related to your business.

Here's what you might say:

"If I could use my legal services to grant you one wish, what would it be?"

Your prospect's response is what is sometimes labeled a "hidden benefit." 

Ted Nicholas, a legendary copywriter, recently revealed he used this same strategy to sell more than 200,000 copies of his book, "How to Form Your Own Corporation Without a Lawyer for Under $75."

His headline read ...

The Ultimate Tax Shelter

I recently used this technique to come up with a headline for an IT staffing services company ...

Get the Guaranteed Best IT Professionals Whenever You Need Them

Easy stuff, right?

Once you have your "hidden benefit," make sure it's the first copy your prospects see when reading your marketing materials.

Tom Trush is at https://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 [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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• Historia verdadera

Negocios

La industria cervecera de Colombia, Postobón, anunció que desde 2017 producirá Heineken. El negocio contempla una inversión de US$ 400 mlls.

(Presione aquí)

Acuerdo

Perú firma acuerdo con china CNPC para promover la exploración de hidrocarburos. Además, la cooperación incluye un estudio de proyectos del gas natural, así como en el desarrollo de la industria petroquímica.

(Presione aquí)

Industria

La empresa japonesa ASMO Manufacturing continúa creciendo en México. Arrancó su quinta planta en el parque tecnológico industrial Castro del Río, en Irapuato, con una inversión US$60 mlls.

(Presione aquí)

• Brief News

Obama 'close to US immigration action'

Obama is soon to enact a major package of reforms that would lift the threat of deportation to millions of undocumented US migrants. The overall plan is estimated to affect as many as five million undocumented immigrants living in the US. Republicans in Congress say such action would be beyond Obama's authority. Some Republicans are pushing for the budget bill to include a statement prohibiting "the use of appropriated funds for the president's immigration machinations". Such a move could provoke a block by the Democrats, or a veto by the president, which in turn raises the risk of a government shutdown.

Debts canceled by bankruptcy still mar consumer credit scores

In the netherworld of consumer debt, there are zombies: bills that cannot be killed even by declaring personal bankruptcy. Tens of thousands of Americans who went through bankruptcy are still haunted by debts long after — sometimes as long as a decade after — federal judges have extinguished the bills in court. The problem, state and federal officials suspect, is that some of the nation's biggest banks ignore bankruptcy court discharges, which render the debts void. Paying no heed to the courts, the banks keep the debts alive on credit reports, essentially forcing borrowers to make payments on bills that they do not legally owe. The practice — a subtle but powerful tactic that effectively holds the credit report hostage until borrowers pay — potentially breathes new life into the pools of bad debt that are bought by financial firms.

Switzerland opens criminal inquiry of currency traders

The Swiss attorney general's office is investigating several individuals in relation to potential manipulation of the foreign currency markets. The inquiry is the latest criminal investigation to emerge as prosecutors and regulators examine whether traders at some of the world's largest banks colluded to influence currency benchmark rates. The United States Justice Department and the Serious Fraud Office of Britain are both conducting criminal inquiries, and the Justice Department is expected to have meetings with several banks in the coming weeks.

Liberia president lifts state of emergency

Liberian President Ellen Johnson Sirleaf has lifted the state of emergency imposed to control an Ebola outbreak that has ravaged the country. The state of emergency imposed in August had allowed the local authorities to curb movement in the worst-hit areas of the country, including the capital Monrovia.

Mexico missing students tour begins

The parents of 43 Mexican students who disappeared seven weeks ago have started a nationwide bus tour in protest at the government's handling of the case. Hundreds of supporters joined the convoy of demonstrators in south-western Guerrero state. It came after violent protests this week as anger over the issue mounts. The students vanished after clashing with police on 26 September in the town of Iguala.

Hasbro talks to buy DreamWorks Animation

The toymaker Hasbro is in advanced talks to buy DreamWorks Animation, potentially gaining a new big-screen outlet for its wares, people briefed on the matter said on Wednesday.In courting the Hollywood studio, Hasbro believes that it can find a new market for its stable of toys, which includes Transformers, G.I. Joe and My Little Pony. The company, the second-biggest toymaker in the United States behind its rival Mattel, has reported robust sales in recent years. (Click here)

Oil price falls below $80 a barrel

The price of Brent crude oil has fallen $3.60 - 4.4% - to $77.52, its lowest level for four years. The benchmark US crude oil price is also at a four-year low, after losing $2.57 to close at $74.28. The drop comes as traders believe members of the Opec oil exporting countries, which control about 40% of world oil exports. will not cut production. Most need higher oil prices to fund rising government spending and should rein back output in order to limit supply and boost prices and income. But recent comments by oil ministers from Saudi Arabia and Kuwait suggest the group is unlikely to agree to a cut.

Brazil police kill six people a day

Brazilian police have killed more than 11,000 people over the past five years, averaging about six killings a day, a group that monitors violence says. The Brazilian Forum on Public Safety said law enforcement agents in the US, by comparison, had killed a similar number over the past 30 years. The report by the Sao Paulo-based body accused Brazilian police of making "abusive use of lethal force". (Click here)

Gay marriage advocates get victories in Kansas

Gay marriage advocates won another two victories on Wednesday as the US Supreme Court allowed Kansas to become the 33rd US state where same-sex couples can wed and a federal judge struck down South Carolina's ban. That could allow same-sex couples to file for marriage licenses or in some cases begin receiving them starting on Nov. 20 if the state is unable to obtain a further delay via the courts. (Click here)

Amazon and Hachette resolve bitter dispute over price

Internet retailing giant Amazon and book publisher Hachette announced they have resolved a bitter dispute over print and e-book pricing. The two have been feuding for several months over a new contract, leading Amazon to delay the shipment of several high-profile Hachette titles. Neither firm announced the terms of the new multi-year contract. Amazon had been seeking a larger proportion of the revenue generated from the sale of Hachette's e-books, while also attempting to lower the price of those books. Hachette, the US's fourth-largest book publisher, said that would be unsustainable.

S&P gives Twitter debt 'junk' status

US ratings agency Standard and Poors gives social media giant Twitter's debt "junk" status, which is three notches below investment grade. S&P said Twitter's $1.8bn September debt issue - IOUs sold to investors in return for interest - were worthy of a "speculative" rating of BB-, three notches below investment grade. News of the rating sent New York listed Twitter shares tumbling nearly 6%. The social network's push for acquisitions despite slow earnings growth was behind the low rating.

Yes, doctor, i took my anti-HIV meds (but really, i didn't)

African women signed up for a trial to test pills and gels that can prevent HIV. They swore they were complying. Only they weren't. Reasons range from conspiracy theories to ... skin care.

Shell made false claims about impact of Nigeria oil spills

Amnesty International (AI) revealed court documents Thursday indicating Shell repeatedly underestimated the impact of two oil spills in Bodo, Nigeria. The documents were part of claims brought forth in a UK court by more than 15,000 people affected by oil pollution. In joint investigation reports, which determine compensation handed to communities after a spill, Shell claimed the two oil spills in October and December 2008 resulted in the discharge of about 4,000 barrels of oil combined. AI believes, however, there were more than 100,000 barrels of oil spilled in the two incidents.

Italy court reduces sentences of former Berlusconi aides

An Italian appeals court in Milan on Thursday reduced the sentences for three former aides to Silvio Berlusconi for their roles in procuring prostitutes for the former prime minister while he was in office. The convictions against former TV executive Emilio Fede and talent agent Dario Mora were modified from forcing women into prostitution to attempting to force them.

Federal judge overturns Michigan law limiting same-sex partner benefits

A judge for the US District Court for the Eastern District of Michigan on Wednesday struck down a Michigan law limiting the benefits received by same-sex partners in local government and public schools.

UN renews resolution to fight piracy off Somali coast

The UN Security Council on Wednesday unanimously adopted a resolution renewing its international call to fight piracy off the coast of Somalia. Working under Chapter VII of the UN Charter, resolution 2184 (2014) calls on all able states to provide military forces to repress piracy in the region. The Security Council also continued an exemption on a 1992 arms embargo imposed on Somalia and encouraged states to adopt legal framework to facilitate the prosecution of suspected pirates. Such efforts, both inland and off the coast of Africa, have slowed the frequency of pirate attacks in the area since 2012.