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November 21, 2014 nº 1,571 - Vol. 12

"Curiosity is free-wheeling intelligence."

Alistair Cooke

In today's Law Firm Marketing, The quickest way to go broke when marketing 

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• Top News

Obama goes it alone, shielding up to 5 million immigrants from deportation

Nearly five million people living illegally in the US can escape deportation under sweeping changes to the immigration system. "Come out of the shadows and get right with the law," urged Obama in a televised address. Republicans say the action, without Congress, is beyond his authority and relations will now be poisoned. There are about 11m illegal immigrants in the US and this year children coming across the border prompted a crisis. Under the plan, undocumented parents of children who are US citizens or legal residents will be able to apply for work permits lasting three years. Only parents who have lived in the US for five years will qualify - about 3.7m people are estimated to fit this criteria. The president told the nation that what he is proposing is not amnesty. "What I'm describing is accountability - a commonsense, middle ground approach," he said. Although the plan will allow millions to work, it won't offer a path to citizenship or entitle them to the same benefits as Americans. Obama is bypassing the legislature and brandishing his big stick - the executive order. It is governance by diktat. And the reaction of his opponents suggests it will spark an atmosphere of retaliation and revenge.

So what is an 'executive action' anyway?

Obama is preparing to take executive action on immigration. But some people are calling it an "executive order." There's a big difference between the two terms. In short ... A presidential executive order is a directive issued to federal agencies, department heads, or other federal employees by the President of the United States under his statutory or constitutional powers. In many ways, presidential executive orders are similar to written orders, or instructions issued by the president of a corporation to its department heads or directors. By contrast, a presidential executive action is kind of a catch-all term. It just means something the executive branch does. The use of any of a number of tools in the executive branch's toolbox. Most executive actions carry no legal weight. Those that do actually set policy can be invalidated by the courts or undone by legislation passed by Congress. The terms executive action and executive order are not interchangeable. Executive orders are legally binding and published in the Federal Register. A good way to think of executive actions is a wish list of policies the president would like to see enacted.

Obama immigration plan could ease court backlog

Immigration lawyers say President Barack Obama's immigration actions could give some relief to the nation's beleaguered immigration courts, whose backlog of pending cases has swelled to more than 420,000.

ICC prosecutor contemplating war crimes charges against Islamic State fighters

The Chief Prosecutor for the International Criminal Court (ICC), Fatou Bensouda, said in an interview published Thursday that the ICC is contemplating bringing war crimes charges against Islamic State (IS) jihadist fighters. Bensouda pointed to credible reports of numerous foreign fighters from countries party to the ICC's statute, all of whom can can be prosecuted by the ICC for war crimes and crimes against humanity. A number of European and Arab nations have supplied the ICC with files and background information of alleged IS recruits. The chief prosecutor acknowledged however the significant difficulty and safety concerns involved with investigating crimes in IS occupied countries.

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• Crumbs

1 - Ilham Tohti's Appeal Rejected By China, Which Conducts Journalist Gao Yu's Trial Behind Closed Doors  - click here.

2 - Yahoo to replace Google for search on Firefox  - click here.

3 - China manufacturing activity hits six month low - click here.

4 - Fashion Law Is Becoming A Ridiculously Profitable Industry -click here

5- North Korea: UN moves closer to ICC human rights probe - click here.

6 - Uber dinner chat causes massive row with journalists  - click here.

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• MiMIC Journal

Alibaba sells $8 billion of bonds in company's debut sale

Alibaba Group Holding Ltd. raised $8 billion in its first sale of bonds at yields that were lower than originally offered after investors submitted orders of at least $57 billion to the e-commerce company.

China web conference opens amid internet freedom criticism

China has opened its first world internet conference with a call for more controls on cyberspace. State internet information director Lu Wei told delegates in Wuzhen that China wanted a global internet governance system that was democratic and open. But rights groups have voiced criticism of Beijing's internet practices. China has a quarter of the world's internet users - more than 600 million. It also conducts a sophisticated censorship program. Observers say the World Internet Conference is part of China's aim to play a bigger role in the management of global cyberspace.

• Law Firm Marketing

The quickest way to go broke when marketing 

By Tom Trush

You and I both know your marketing should bring you business.

But that's not to say it happens.

The truth is most marketing fails because -- as discussed in detail in my new book, The "You" Effect (https://www.theyoueffectbook.com) -- attention is focused on the wrong subjects. Messages get ignored because they don't deliver content prospects want.

You don't have to look far to see brands blasting out one-way, ego-based messages about their companies or products/services. "Look at us ... look at us ... we're great and we want to help you," screams their marketing. 

Of course, this crappy content kills marketing efforts -- but there's something else that drains marketing budgets like a flushed toilet bowl ...

Targeting the wrong audience.

Your best bet when marketing is to communicate with people who already expressed interest in what you offer. (On a side note, this is why you should never stop delivering information that adds people to your prospect list.) 

When you enter the convincing game and try to convert people's beliefs about why they need your product or service, you invite marketing disasters. 

Let me give you an example that explains why ... 

In an election year, it amazes me how many people volunteer their political views in public with the hopes of seeking support. 

When someone pushes their political opinions on you, especially when those beliefs differ from yours, how do you feel?  

It's frustrating, right? In some instances, you probably want to fire back with your opinions.

These feelings are due to the consistency principle. Once we make up our minds about an issue, we naturally prefer to stay consistent about that thought. In fact, when that belief gets attacked, the instinctive reaction is to take a stubborn stand and fight stronger for your thoughts.

The greater the push, the stronger the belief becomes.

So when you try to convince people why they need what you offer, you fight a no-win battle.

Now do you understand why trying to convince people in your marketing is so expensive?

Instead of spending time (and your marketing budget) on people who you think need what you offer, direct your efforts toward those who demonstrate desire for the solution provided by your product or service.

Tom Trush is available on his website 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

Canal

Nicaragua anunció que espera iniciar el 22/12 la construcción de una ambiciosa vía interoceánica con la que busca competir por el millonario tráfico comercial de buques que atraviesa el Canal de Panamá. Se aguarda la aprobación de los estudios de factibilidad del proyecto, que tendrá un costo de hasta US$ 50.000 mlls. (Presione aquí)

Estafa

Fiscalía de Chile investiga un supuesto caso de estafa que involucraría a la empresa chilena Business Group - BSG -. Según la demanda la empresa coreana en 2013 firmó un acuerdo con la empresa sudamericana para la "adquisición, producción, comercialización y exportación de productos de mar, específicamente de jibia, un molusco de aguas frías. (Presione aquí)

Se vende

La alemana ThyssenKrupp desearía vender su planta siderúrgica en Brasil en el mediano plazo, después de regresarla a la rentabilidad. Su presidente ejecutivo Heinrich Hiesinger dijo que “simplemente no es estratégicamente sustentable aferrarse a una planta puramente de losas en ThyssenKrupp”.

• Brief News

3 Reasons why Brazil's State-controlled oil giant Petrobras should be privatized

Petrobras recently informed investors that production would grow by only 5.5% to 6% this year instead of the 7.5% it had expected. A wide-ranging corruption scandal that originated within the walls of the company is being investigated by police. About 3% of what was invested by the company in the last few years was roundabout through a bribery scheme. When Petrobras was founded in 1953, its primary mission was to refine imported oil. The company has now become a machine for politicians to maintain their position in power, at the expense of taxpayers. Truth be told, it has been involved in political scandals even before the Workers' Party rose to power in 2010. But it is ironic that the party, which has always accused opponents of wanting to hand Petrobras to foreigners, is the one that caused the most damage to the company. There's no other solution but privatization in this case. Here are three reasons why:

1) There is no positive correlation between economic development and natural resource availability. Those who are against the privatization of Petrobras often cite as a reason for the company to remain state-controlled that oil is a strategic natural resource for Brazil's development, and therefore should be kept under the custody of the state, for the benefit of all Brazilians. That's a nice speech, but also an inaccurate one. The more developed nations are, the less they depend on natural resources and the more they use the so-called intangible capital. The under-the-custody-of-the-state -for-the-benefit-of-all-Brazilians speech would make more sense if the government allowed the private sector to take care of Petrobras in order to focus on improving the life of its people by increasing human capital and strengthening its institutions.

2) Petrobras' huge debt load is getting out of control, and the country's self-sufficiency in oil is a myth. Brazil in fact hit self-sufficiency in oil in 2006, but only for a month, and not throughout the entire year, which has never happened. Between January and September of this year alone, the country registered a trade deficit in oil of $12.5 billion. Also, Petrobras' refining business lost more than $24 billion since the end of 2010, largely due to the government's refusal to allow the company to raise domestic fuel prices in line with world prices.

3) Oil prices are also subject to fluctuations due to politics. The fewer politicians running oil companies, the better prices are. Since the money laundering and corruption charges against Petrobras began to make headlines, the company's share price has been falling. Over the last four years, Petrobras' market capitalization has dropped 56.5%, and the current political scandal around it has a lot to do with the sharp loss in price. The company's increasing debt load, part of which seems to have been caused by fraudulent transactions, also forced it to raise gasoline prices by 3% and diesel prices by 5%, in order to keep up with its massive spending plan and to control the rising inflation.

Taking this into account, the privatization would be like hitting two birds with one stone: It would free Petrobras from political interference at the same time that it would create a more effective strategic sector. As a capitalist country, having Petrobras under private controle would be better than having it run by a group of people with vested interests. The company under state-controll is just a highway for corruption schemes.

Madoff bankruptcy costs top $1 billion six years later

Unwinding the biggest Ponzi scheme in US history hasn't been cheap.

After criticism, Fed will study Wall St. oversight

The Senate Banking Committee's financial institutions subcommittee will hold a hearing on Friday to question whether bank regulators are too close to the firms they regulate. The Fed asked its inspector general to look into whether top supervisors were getting the information they needed to make their decisions. The Fed also said it wanted the inspector general to determine if top officials were hearing all the opinions of Fed bank examiners.

Online retailer Cnova shares rise on trading debut

The spinoff of the online businesses of former Brazilian retailer Grupo Pão De Açúcar and France's Casino went public on the Nasdaq market, rising nearly 6 percent by midday. Cnova is incorporated in the Netherlands, but conducts most of its business in France and Brazil.

US Senators question banks over commodities trading

Executives of three US banks are being grilled by senators over accusations the banks engaged in unfair trading practices relating to several commodities. A two-year report found that Goldman Sachs, Morgan Stanley and JP Morgan Chase bought up large stockpiles of commodities like aluminum and copper. In doing so, they were able to influence prices and gain advantages. The banks deny they exploited any trading advantages from these holdings.

Mexico missing students: Capital sees mass protests

Relatives of 43 missing Mexican students, who the authorities say were murdered by a drugs gang, have led mass protests in the capital. The marches were largely peaceful but some protesters clashed with police near the presidential palace. Many remain unconvinced by the official explanation for the students' disappearance and hope they are alive. Everyone at this march is indignant. They're angry that the government of Enrique Pena Nieto has failed to get on top of this crisis.

N.S.A. phone data collection could go on, even if a law expires

A little-known provision of the Patriot Act, overlooked by lawmakers and administration officials alike, appears to give President Obama a possible way to keep the National Security Agency's bulk phone records program going indefinitely — even if Congress allows the law on which it is based to expire next year.

'No extension' on Iran nuclear deal

US Secretary of State John Kerry has said that extending the deadline for a deal on Iran's nuclear program is not being discussed. Negotiations in Vienna will instead focus on "driving towards" the outline of an agreement, he said. World powers want Iran to show it is not building nuclear weapons, in exchange for a lifting of sanctions.

Japanese PM Abe dissolves parliament

Japan's PM Shinzo Abe dissolves parliament, paving the way for a snap election in December, as local media polls show a low level of support.

UK drops EU bankers' pay challenge

In a surprise move, the UK government has withdrawn its legal challenge to EU legislation that caps the level of bankers' bonuses. The move comes after an adviser to the European Court of Justice rejected the UK's legal arguments against the plan. The cap restricts bonuses to 100% of banker's pay or 200% with shareholder approval. The Treasury had argued that the cap would drive talent out of Europe and inflate basic pay, making it harder for banks to trim costs in lean years.

The CIA wants to delete old email; critics say 'not so fast'

The CIA plan calls for deleting the email of almost all employees after they leave the agency. But opponents say this would erase too many important documents. The example they cite: Edward Snowden. The whole purpose of requiring the retention of records for a more extended period of time is an acknowledgement that the significance of records aren't always immediately apparent. And the case of Snowden would be a perfect example of that.

Uganda lawmakers draft new anti-gay bill

Ugandan politicians have drawn up new anti-gay legislation with cross-bench support to be presented before parliament by the end of the year, according to Thursday media reports. The new legislation comes nearly a year after the Ugandan parliament passed the Anti-Homosexuality Act that would have sentenced homosexuals up to life in prison. The bill was struck down on a technicality by the country's Constitutional Court last August.

Italy ponders embrace of same-sex unions

Italy and Greece are the only countries in Western Europe that don't recognize same-sex unions. Now, Prime Minister Matteo Renzi and local officials are pushing to grant those unions legal status. Several countries—some heavily Catholic, including France, Spain and Portugal—have legalized gay marriage in the past decade, and Ireland has endorsed civil unions for gays. Italy's family law, shaped partly by Catholic political parties and by a traditional conservative view of the family, has remained largely unchanged since the 1970s. The proposal would extend to gay partners in a civil union the same tax, inheritance and estate rules that currently apply to married heterosexual couples. It would also allow partners to adopt each other's biological children, but it wouldn't otherwise permit adoption by gay couples.

UN General Assembly: North Korea should be referred to ICC

The UN General Assembly on Tuesday urged the Security Council to call on the International Criminal Court (ICC) to investigate allegations against North Korea for crimes against humanity. The vote came after the release of a report in February by the Commission of Inquiry on Human Rights in North Korea, which detailed numerous and "unspeakable" atrocities committed against the country's people and states that country's situation is worse than that of any other in "duration, intensity and horror." The non-binding vote was approved by 111 countries. 19, including China and Russia, voted against it. China, which has veto power, is expected to block the case's referral. North Korea has not accepted the conclusions of the report and did not cooperate in its drafting.