August 28, 2009 Nº 810 - Vol. 7
"You don't have to travel around the world to understand that the sky is blue everywhere"
Johann Wolfgang von Goethe
In today’s Law Firm Marketing, How to maintain your sanity?
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Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica
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Arcane Law Brings Conflicts From Overseas to U.S. Courts
Victims of human-rights abuses around the world increasingly are seeking justice American style -- by filing lawsuits against deep-pocketed defendants. The Alien Tort Statute, a one-sentence law enacted in 1789 authorizing foreign nationals to file U.S. civil actions against those who violate "the law of nations," has been used often in recent years to sue major companies for alleged complicity in crimes overseas, including torture and murder. Defendants need only to have regular business contacts with the U.S. to be vulnerable to lawsuits. The litigation has proven controversial. Some legal experts claim that opportunistic plaintiffs' lawyers have seized on the long-dormant law to enrich themselves. Knotty geopolitical issues, they say, are better left to Congress and the White House, not unelected federal judges. But human-rights lawyers counter that victims of abuses often can't obtain justice in foreign courts, making alien tort suits their only recourse. Both sides agree on one thing: Courts increasingly are willing to consider alien-tort suits and to force companies to answer for their behavior overseas.
Businesses said to wage campaign on ‘proxy access’
Big businesses, law firms and business groups are increasingly challenging a measure known as the "proxy access" rule, which would let certain shareholders use a company’s board-election process to nominate directors opposed to management. The measure looks set to be passed by the Securities and Exchange Commission in November but in a last-minute effort to thwart it, opposing groups have turned to Washington lobbyists and grass-roots letter-writers. More than 500 letters have been filed for or against the proposal so far. Proxy access, or Rule 14a-11, would allow stockholder groups, be it activist hedge funds or institutional investors, to place candidates on a company's proxy materials -- at the company's expense. All of the candidates would be mixed on the same ballot. The company wouldn't be allowed to ask shareholders to check a single box to vote for a slate -- today's standard. The current system requires that dissenting shareholders pay up for mailing and publicity costs, sometimes in the millions of dollars, necessary to unseat a standing board. That has historically discouraged competing director slates. Those that are launched succeed about 40% of the time.
Who are your favorite professors?
"A wise teacher makes learning a joy" goes the saying. We all have a favorite teacher. On teacher’s day in October, Migalhas will publish a new edition of Connexão to honor those who fostered new knowledge and changed our lives. So we ask you to send us a brief note to [email protected], naming your favorite teacher as well as the great lesson you learned. We will publish it in this column and in Connexao. As a side bar, we will also accept nomination from movies characters. Let the good memories roll!
Before you open the door to the boardroom, peek through the keyhole!
Michael Page specializes in the placement of candidates in permanent, contract, temporary and interim positions within client companies around the world. Have a look at the new section of the Migalhas website and discover the professional development opportunities with large corporations, in legal and business fields, presented by Michael Page International. Click here to peep through the hole!
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China admits death row organ use
China is trying to move away from the use of executed prisoners as the major source of organs for transplants. Executed prisoners currently provide two-thirds of all transplant organs, reports say. The government is now launching a voluntary donation scheme, which it hopes will also curb the illegal trafficking in organs. But analysts say cultural bias against removing organs after death will make a voluntary scheme hard to implement.
China approves law governing armed police force
Senior members of China's legislature approved a law on Thursday detailing the authority of the People's Armed Police, a large paramilitary force that was criticized in some quarters as slow to respond to the riots in the western Xinjiang region last month, in which nearly 200 people died. The new law appears to address those concerns by clarifying how and when the troops may be deployed.
How to maintain your sanity
by Trey Ryder
I found these tips in a file I saved some years ago. I am not the source of these tips. Many of these things I've learned the hard way. Some are lessons I hope to learn. If you care to add anything to this list, drop me an e-mail and I'll publish an update in the future.
1. Do a good job. You'll be happier.
2. Be honest. You'll stand out from the crowd.
3. Give good service. You'll find yourself far ahead of competitors.
4. Deliver more than you promise. Then everyone wins.
5. Help your competitors. There's plenty of business for everyone.
6. Just do it. Doing something is infinitely more valuable than doing nothing.
7. Don't worry about making a mistake. Everybody makes them and most people never notice.
8. Learn how to say no. You're the only person who can make that decision.
9. Don't try to help everyone. You can't.
10. Return phone calls quickly. Most people don't.
11. Don't overlook small clients. Someday they'll be big clients.
12. Do what you love and the money will follow.
13. Don't be easily impressed. People who tell you how successful they are usually aren't.
14. Stay away from negative people. They drain your energy.
15. Don't discount your fees. You deserve the full value of what you charge.
16. If you charge a lot, make sure you're worth it.
17. When you charge too little, you undermine everything you do.
18. Accept rejection. When God closes one door He opens another.
19. Typos are always bad. Proofread.
20. If you overlook a typo, don't worry. The person reading your material will likely miss it, too.
21. Take time for fun. It recharges your batteries.
22. Take a break.
23. Don't sweat the small stuff. It's all small stuff.
24. The shortest distance between two people is a smile.
25. Give people the benefit of the doubt. Like everyone else, they're pedaling as fast as they can.
26. Apologize.
27. Forgive.
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© Trey Ryder
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South America summit to assail U.S.-Colombia pact as Obama's appeal wanes
South American leaders gather in Argentina today to vent criticism of a planned U.S. military buildup in Colombia, a move threatening to spoil Obama's bid to repair frayed ties with the region
Brazil Government Weighs Petrobras Capital Increase
Brazil's government confirmed it may inject capital into Petroleo Brasileiro SA as the state- controlled company prepares to develop the Americas' largest oil find in the past three decades. Petrobras may get as much as 100 billion reais ($54 billion) from the government, without saying where it got the information. The move would boost the government's voting stake to as much as 70 percent from 55.7 percent.
Toyota pulls plug on US factory
Toyota is pulling out of a production plant in the US it jointly owns with General Motors, the first time it has abandoned a factory. The world's largest carmaker will stop production at the Fremont, California-based New United Motor Manufacturing plant in March 2010. GM announced earlier this year that it would withdraw from the venture.
Japan jobless hits record high
Japan's unemployment rate rose to a record 5.7% in July while consumer prices fell at a record pace.
File-sharers' TV tastes revealed
Millions of television viewers are now using illegal file-sharing services to access free and unauthorized copies of programs, research has revealed. The proportion of file-sharing involving films and television rather than music is continuing to rise, the research shows.
Facebook changes privacy policy
Facebook has agreed to make worldwide changes to its privacy policy as a result of negotiations with Canada's privacy commissioner. Last month the social network was found to breach Canadian law by holding on to users' personal data indefinitely. Facebook has now agreed to make changes to the way it handles this information and be more transparent about what data it collects and why. It will also make it clear that users can deactivate or delete their account.
Latam exports 'worst in 70 years'
Exports from Latin American and Caribbean nations are set to show their steepest fall in more than 70 years, the United Nations has predicted. The region's exports are expected to shrink in volume by 11% in 2009. Worst hit have been countries that thrive on exporting commodities, oil and minerals. The steepest fall was in exports to the European Union (-36.3% in total) and the US (-35.3%).
Brazil High Court clears Palocci of breaking bank secrecy laws
Brazil's former Finance Minister Antonio Palocci, a key ally of Lula, won't be tried on charges he violated bank secrecy laws. Supreme Court judges ruled 5-4 yesterday that the evidence against Palocci, 48, was insufficient to justify a trial. He was accused of trying to illegally gather information that could be used to silence a witness in a bribes-for-votes scandal, an episode that led to calls for Lula's resignation in 2005. The evidence presented against Palocci doesn't show he "planned or perpetrated" the violation of the bank records, said Judge Gilmar Mendes, head of the court.
US problem banks at 15-year high
The Federal Deposit Insurance Corporation (FDIC) said 416 banks had failed its test criteria during the quarter, up 111 from January to March. It added that 81 US banks had now been forced to close this year. The FDIC judges banks on criteria such as the quality of their outstanding loans and the reserve funds they hold. The government fund that protects most bank deposits fell 20 percent to just $10.4 billion in the second quarter.
Thai woman, Thaksin supporter, gets an 18-year sentence for insulting king
A Thai court sentenced a supporter of former Premier Thaksin Shinawatra to 18 years in prison for insulting and threatening the royal family in a June 2008 speech.
Young Guantanamo Afghan to sue US
One of the youngest detainees held at the US detention centre in Guantanamo Bay will sue the United States for compensation, his lawyers say. Mohammed Jawad was released and arrived in his native Afghanistan earlier this week. His family says he was 12 at the time of his detention in 2002. He was in custody for seven years. The Pentagon, however, disputes his age.
Abuse issue puts the Justice Dept. and C.I.A. at odds
With the appointment of a prosecutor to investigate detainee abuses, conflicts between the two agencies burst into view, threatening relations between two players on President Obama's national security team.
India Supreme Court judges to disclose assets online
Judges of the India Supreme Court on Wednesday decided to disclose their assets and make them available on the court's website. The decision, lauded by Indian political parties, legal authorities, and newspapers as a victory for accountability and transparency, was delivered by the 23 judges of the high court. The judicial watchdog group Campaign for Judicial Accountability and Reform called the decision a good first step, but cautioned that it "does not obviate the need for a law to make such public declarations compulsory. Indeed, the law must provide for an annual public declaration of assets and liabilities as well as income tax returns of all public servants, including judges. It is only when people can compare the assets of public servants with their legal sources of income, that one can catch public servants who have acquired assets disproportionate to their legal income." While the decision has been seen as a victory, it is not readily apparent when the disclosure will occur, nor what specific information will be made public.
Australia High Court rules military justice system unconstitutional
The High Court of Australia ruled Wednesday that the Australian Military Court (AMC) is unconstitutional. The High Court held that the AMC employed the judicial power of the Commonwealth while AMC judges functioned within the hierarchy of the military, which was a violation of chapter three of the Australian Constitution. The ruling casts doubt on approximately 170 cases that the AMC has ruled on since its inception in 2007. The case that prompted the ruling was brought as an appeal by a sailor, Brian Lane, over a 2005 charge of indecent assault on a superior officer. Lane had argued the AMC did not have jurisdiction over the case and that the legislation creating the court was invalid. In response to the ruling, the Minister for Defence John Faulker said that, "the Senate Committee had recommended a Chapter III court with oversight by the Attorney-General, and greater independence from the military. The legislation establishing the AMC fell short of these recommendations." Faulkner also said the previous military justice system will be reinstated, which consisted mainly of trials by court martial and Defence Force magistrates.
Bernanke falls victim to identify theft
Bernanke was the victim of identity theft that involved a crime ring after a thief stole his wife's purse.
ABA files suit against FTC over applying red flags rule to lawyers
The American Bar Association filed suit today in the U.S. District Court for the District of Columbia against the Federal Trade Commission, seeking an injunction to block the application of the so-called Red Flags Rule to practicing lawyers. The bar association has been lobbying for months to exempt lawyers from the regulations, which require businesses and organizations that act as "creditors" to establish a program for preventing identity theft. According to a Federal Trade Commission guide, the program must identify potential areas of vulnerability within a business and include policies for detecting and responding to red flags. The FTC has included lawyers, doctors, and many other professionals in its definition of "creditors" because they bill customers only after providing services. The bar association disagrees with the interpretation. Th ABA complaint says that the FTC has failed to "articulate, among other things: a rational connection between the practice of law and identity theft; an explanation of how the manner in which lawyers bill their clients can be considered an extension of credit under the; or any legally supportable basis for application of the Red Flag Rule to lawyers engaged in the practice of law."
Rising beer prices could hint at oligopoly
Are the big beer companies testing President Obama’s tolerance? Anheuser-Busch InBev — purveyor of the president’s preferred brew, Bud Light — and MillerCoors, a joint venture between SABMiller and Molson Coors, are raising prices at the same time, during a recession and while beer demand is slumping. With 80 percent of the market between them, the move almost begs for an antitrust review, Breakingviews.com writes. Both brewing groups typically adjust the price on a six-pack every year to reflect changes in the costs of ingredients like barley or hops. But their ability to do so now, while their customers are hurting most, highlights the pricing power that has accompanied industry consolidation.
Comoros: Yemenia flight data recorder is found
Asharq Al-Awsat, Pan-Arab daily, London, England
Official: Swine flu seems near peak in Australia
Gulf News, Independent daily, Dubai, United Arab Emirates
MIDEAST: 'United' Jerusalem Has Two Faces
IPS Middle East, International cooperative of journalists, Rome, Italy
Middle East airlines continue to defy global economic downturn: IATA
Middle East North African Network, Online financial portal, Amman, Jordan
At Least 15 Killed in Suicide Attack in Pakistan
Nahamet, Online news portal, Beirut, Lebanon
Shiite cleric's death shakes up Iraq politics
The Daily Star, Independent daily, Beirut, Lebanon
Yemen: Fear of failure
Yemen Times, Independent weekly, Sana'a, Yemen
House prices see biggest rise for years
BBC News, Centrist newscaster, London, England
Lukashenko Plays Coy With Kremlin
The Moscow Times, Independent daily, Moscow, Russia
Jaycee Lee Dugard: Sex offender arrested after woman emerges 18 years after being kidnapped
The Telegraph, Conservative daily, London, England
Court bans teen sailor Laura Dekker from record-breaking voyage
Times Online, Conservative daily, London, England
Govt holds inter-departmental meeting on islands sale issue
Antara News, News agency, Jakarta, Indonesia
10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea
Jinnah, Gandhi shared the dream of federal India: Jaswant
India Express, News portal, Mumbai, India
Boom time for brothels in Hyderabad
India Times, Conservative daily, New Delhi, India
Tax-hike debate missing
Japan Times, Independent centrist, Tokyo, Japan
Najib to MCA: Resolve crisis quickly
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
State care ordered for teen sailor
New Zealand Herald, Conservative daily, Auckland, New Zealand
S Asian ministers to gather in Nepal to discuss climate change
People's Daily Online, English-language, Beijing, China
Locked away behind fences, sheds and tents
Sydney Morning Herald, Centrist daily, Sydney, Australia
Slew of incentives for exporters
The Hindu, Left-leaning daily, Chennai, India
Paris Hilton visits Guatemala for charity
Brazil Sun, Independent online news aggregator
Tivoli don Christopher 'Dudus' Coke wanted by United States
Caribbean News Portal, Online news aggregator
NICARAGUA: Literacy Goal Met Further Education Planned
IPS Latin America, International cooperative of journalists, Rome, Italy
320 to go home - Iberostar's Rose Hall Beach Hotel to close its doors
Jamaica Gleaner, Independent daily, Kingston, Jamaica
Peru: Vladimiro Montesinos sentenced to 10 years
Living in Peru, News portal, Lima, Peru
Oil prices edge above $73
The Globe and Mail, Centrist daily, Toronto, Canada
Abuse law blasted
Toronto Star, Liberal daily, Toronto, Canada
Zuma confident on Zimbabwe future
BBC News, Centrist newscaster, London, England
ICC Prosecutor appeals decision to release Jean-Pierre Bemba
CongoPlanet.com, Independent online news aggregator
Develop comprehensive local content for Mining - Minister
GhanaWeb, Online news portal, Amsterdam, Netherlands
JZ, Zim quiet after talks
iafrica, Online news portal, Cape Town, South Africa
Zuma in fresh bid to end Zim impasse
Independent Online, News portal, Cape Town, South Africa
Motorists set to pay more for petrol
Mail & Guardian Online, Liberal, Johannesburg, South Africa
Petrol: Bad news for consumers
News24.com, Online news portal, Cape Town, South Africa
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