May 21, 2010 Nº 909 - Vol. 8
"Remember tonight.. for it is the beginning of always."
Dante Alighieri
In today’s Law Firm Marketing, two common advertising mistakes that cost professionals and companies millions.
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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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US Senate approves sweeping reforms of Wall Street
The US Senate has passed a bill providing the most sweeping overhaul of financial regulations since the 1930s. The bill creates new ways to watch for financial risks and makes it easier to liquidate large failing firms. Obama said Americans would never again pay "for Wall Street's mistakes" adding that Wall Street had tried but failed to scupper the bill. The bill will create a new watchdog agency and will seek to reform the complicated derivatives market. Opinion's sharply divided over the bill's merits. Executives at financial companies have been very critical of it but some on the left of the Democratic Party say it doesn't go nearly far enough in changing the culture of Wall Street. Nonetheless Obama is seeing another key piece of his domestic policy plan fall into place and his administration, at home at least, really seems to be gaining momentum now. It will increase restraints on larger banks and require proof from borrowers that they can pay back even the most basic of mortgages.
US lawmakers release list of top copyright violators for 2010
The Congressional International Anti-Piracy Caucus on Wednesday released the 2010 International Piracy Watch List naming China, Russia, Canada, Spain, and Mexico as the worst countries for protecting copyrighted information. The bipartisan caucus also released a list of the top websites hosted overseas providing unauthorized access to copyrighted material. The report stressed the risk posed to the US economy when intellectual property is not protected. Committee co-chair, Senator Sheldon Whitehouse (D-RI), stated: “International piracy of American intellectual property weakens a segment of our economy that long has supported innovation and great American jobs. Congress must work on a bipartisan basis to protect the creative industries and the jobs they support. The United States has been on the losing end of the largest theft of intellectual property in history. This must be stopped, and soon.” The report also lists specific steps each country needs to take to ensure protection of intellectual property including increasing liability under the laws of the individual countries and implementing effective border measures to protect against illegal international distribution of copyrighted materials. Earlier this month, the Office of the US Trade Representative (USTR) placed Russia, China, and Canada on its Priority Watch List of 12 countries that are not adequately protecting intellectual property rights.
German action on euro crisis could trigger EU referendum
Germany today stepped up its rhetoric against financial markets, throwing its weight behind a global tax on bank transactions and proposing a radical shift in the rules governing the single currency by insisting struggling eurozone countries be allowed to restructure their debt. Following Greece's debt emergency and with the euro in the throes of its worst crisis of confidence, Berlin also tabled a nine-point plan rewriting the euro regime to include legally enshrined budget deficit ceilings in all 16 member countries. The German demands could require the EU's Lisbon Treaty to be renegotiated. Several proposals that debt-ridden delinquents be kicked out of the single currency have been circulating. Countries in dire straits must be allowed to restructure their debt or default "in a managed way". It is not clear whether such a country would need to quit the euro. Also, national budgets should be peer-reviewed by specialists at the European Central Bank or "independent" experts to ensure budgetary rigor and adhesion to a revamped Stability and Growth Pact, the currency rulebook. Some of these changes would need the EU treaty to be reopened, requiring the assent of all 27 members, whether in the euro or not.
The fourth edition of Migalhas on International Arbitration, the premier newsletter which delivers the essential information, insights, and ideas on International Arbitration is now out. The editors, Mauricio Gomm-Santos and Quinn Smith of Smith International Legal Consultants in Miami present three articles.
First, Niccolò Landi and Niccolò Namari of Gianni, Origoni, Grippo & Partners in Italy provide a timely update on Italian law regarding the use of digital signatures on a contract containing an arbitration clause. The conclusion is crucial as electronic signatures increasingly form an important part of international commerce.
Next, Jonathan Pitman of Pitman & Co. in the United Kingdom notes some of the key elements of the award of costs and fees under the English Arbitration Act of 1996. The differences are important, and English law can provide a powerful remedy for frivolous arguments.
Finally, Daniel Gonzalez and Maria Ramirez of Hogan Hartson in Miami, Florida, finish their two-part series on enforcing foreign arbitral awards within the United States. Their helpful insights on service and non-appeal provisions instruct readers on how to avoid some of the more pressing problems in enforcing foreign arbitral awards.
It is available here. Don’t miss it.
We look forward to your comments and suggestions.
Mergers and acquisitions
Georgetown Law and Lex Mercator International Education welcome Migalhas readers to attend a free online lecture entitled "The Rebound of Global M + A". It will take place on May 27, and you can participate in real-time from anywhere in the world. This one-hour lecture will be given by Professor Andrew Sherman, partner at Jones Day in Washington, D.C., adjunct professor at Georgetown Law School and author of the book Mergers a & Acquisitions: From At to Z. Since the event is live in real-time, space is limited, click here to reserve a spot.
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!
1 - Brazil's 'exhausted' real is poised to drop: technical analysis (Click here)
2 - Nations pledge crackdown on online alcohol ads (Click here)
3- Supreme Court to hear Ottawa’s bid to be dropped from B.C. tobacco cases (Click here)
4 - Thailand to prosecute protest leaders (Click here)
5 - How low can the euro go? Very. (Click here)
6 - Italian accused of fake Champions League tickets (Click here)
7 - Higher tax on buyout firm managers added to democrats' Job Bil (Click here)
8 - 20,000 people in Greek protest march to parliament (Click here)
9 - U.S. judge sides with anonymous online flamers (Click here)
10 - Why Wal-Mart's sales should have everyone worried (Click here)
11 - Novartis must pay $250 million in gender bias lawsuit (Click here)
12 - Pakistan blocks YouTube (Click here)
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100% Migalhas: www.migalhas.com
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Two common advertising mistakes that cost professionals and companies millions
by Tom Trush
If you advertise products or services, then what you're about to read could change the way you use this promotional strategy.
A couple of days ago, I received the Clipper Marketplace in the mail.
It's basically a small catalog of advertisements for local businesses. You probably get something similar every so often in your mailbox.
I scanned several headlines as I flipped the pages.
Beat the Heat Sale!
Simply ... The Very Best!
Remodel ... Redesign ... Revive ...
Lock in Your Price for One Year!
Don't Pay Retail!
25th Anniversary Sale
Build the Best for Less
My headline review left me questioning the success of most advertisements in the publication.
The above headlines offer little clue of what each company is promoting. From a prospect perspective, there's little reason to continue reading.
Keep in mind, studies show about 8 out of 10 people read only the headlines in advertisements, while just 2 out of 10 read the remaining copy.
Countless professionals and corporations throw away millions of dollars each year on print advertising because they use vague headlines that lack benefits and fail to deliver reasons for people to continue reading.
What's worse is when ego-driven executives use their company names as headlines on advertisements and marketing materials. A not-so-surprising 10 companies used this tactic in the Clipper Marketplace.
The truth is prospects couldn't care less about your company or firm name. They only want to know what you can do for them.
If you fail to reveal this information -- beginning with your headline -- then you're just padding the pockets of any publication you advertise in.
Here are a couple of other quick advertising tips:
> People are naturally drawn to pictures of other people. We're taught at an early age to look at faces for feedback. This carries over to our viewing habits on advertisements.
> Similar to headlines, people read text under pictures. Use this valuable space to explain the big benefits your readers receive when they respond to your call to action.
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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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Chevron
Un productor de cine estadounidense tiene 10 días más para decidir si acata la orden judicial que lo obliga a darle a Chevron material fílmico clave para la batalla entre la firma e indígenas de Ecuador por un caso de contaminación, dictaminó el jueves un juez. (Presione aquí)
Telefónica
Telefónica invierte 1.380 millones de euros en la subasta de frecuencias en Alemania. La operación se realizo a través de su filial germana operador O2, que ha adquirido dos bloques de frecuencias en la banda de 800 Megahercios (MHz), así como un bloque en la frecuencia de 2,0 Gigahercios (GHz) y cuatro bloques en la frecuencia de 2,6 GHz. (Presione aquí)
EE.UU. – México
El presidente de México, Felipe Calderón, pidió el jueves al Congreso de Estados Unidos volver a regular el uso de armas de asalto, que fluyen ilegalmente hacia la frontera con su país y permiten a los cárteles del narcotráfico un gran poder de combate.
Arancel – arroz
Las principales gremiales arroceras del Mercosur concretaron esta semana un acuerdo para solicitar a sus respectivos gobiernos elevar el Arancel Externo Común (AEC) del bloque de 12% a 30% para el arroz que ingrese de fuera de la región.
French cabinet backs ban on full face coverings
The French cabinet has approved a bill making it illegal to wear in public clothes designed to hide the face. The legislation amounts to a ban on the full-face Muslim veil. Women wearing the veil in public could be fined, and men judged to have forced them to do so could be imprisoned. Parliament needs to approve the bill and France's top legal advisory body has warned it may be unenforcable. Parliament passed a non-binding resolution last week condemning the full Islamic face veil as "an affront to the nation's values of dignity and equality". A law against conspicuous religious symbols effectively banned headscarves from state primary and secondary schools in 2004.
Pakistanis divided over internet restrictions
Pakistanis woke up on Thursday to find access to popular websites Facebook and YouTube blocked after a government crackdown on websites seen to be hosting un-Islamic content. "This site is restricted" is the plain message on a white background that most Pakistanis have been getting when they try to access the Facebook website. It follows a High Court ruling ordering all internet service providers in the country to block the popular networking site until further notice. What triggered the action was a Facebook group inviting people to draw, and post, cartoons of the Prophet Muhammad. "I am grateful to the High Court judges for this verdict," says Fida Gul of the Islamic Lawyers Movement, who campaigned to get Facebook banned.
Scientists create synthetic organism
Researchers in the US have developed the first synthetic living cell. Their work, which many scientists have called a landmark study, is a key step towards the design and creation of new living things. BBC News examines the issues raised by this controversial breakthrough. Have these scientists created synthetic life? They're calling this a synthetic living cell, so yes. But they did use an existing cell as a template and as a recipient for their home-made DNA. But this bacterial cell, the researchers say, is the first life form to be entirely controlled by synthetic DNA, and so it is synthetic life. The researchers also employed "nature's tools" to build their new chromosome (the package of DNA that contains all of the genetic material the cell needs to live and function). They are already collaborating with pharmaceutical and fuel companies to design and develop chromosomes for bacteria that would produce useful fuels or even new vaccines. They say they hope eventually to "build" bacteria that absorb carbon dioxide and therefore help repair damage to the environment.
BP oil spill fuels legal marketing machines
Personal injury and civil litigation attorneys - known for using in-your-face advertising tactics - are seeing gold in the black crude oil spewing into the Gulf of Mexico since the Deepwater Horizon oil rig explosion last month. Searches on Google, Yahoo, and Bing for "oil spill" this week show that law firms dominate the sponsored listings on search engine results pages. (BP, developer of the oil field, is also using paid search for reputation management, directing people to www.bp.com/gulfofmexicoresponse to learn about the company's response to the oil spill.) With so many lawyers scouring the Gulf Coast for clients, each law firm is working to set itself apart from rivals - and that includes establishing trust and promoting their expertise.
BP cap waiver may be moot in light of potential safety lapses
BP Plc's pledge to waive a $75 million limit on environmental damages for its Gulf of Mexico oil spill may prove an empty gesture if safety violations played a role in the disaster. The U.S. Oil Pollution Act of 1990 requires parties responsible for a spill to pay cleanup costs, while it limits payouts for private economic and public natural-resource claims to $75 million. Exceptions include gross negligence, willful misconduct and the violation of safety rules. BP has said the cap is "irrelevant" and that it will pay "legitimate" claims. The offer, experts and lawyers suing BP said, is hollow in light of violations they claim led to the Gulf disaster -- violations that remove the $75 million ceiling.
Google launches smart TV service
Google has launched a TV service that unites live television with the web. The "smart TV" service allows people to search both live channels as well as content from websites such as YouTube. Special TV sets - or normal TVs connected to a Google box - will also allow people to access the web and download applications. The average American watches five hours of TV a day, Google said
Spain passes $19bn austerity plan
Spain approves a 15bn-euro ($19bn) austerity plan to rein in the public deficit and ease fears of a Greek-style debt crisis.
Chipmakers fined by EU for price-fixing
Nine chip makers have been fined 331m euros (£283.1m, $404.2m) by European Union regulators for illegally fixing prices. The companies involved are Samsung, Hynix, Infineon, NEC, Hitachi, Mitsubishi, Toshiba, Elpida and Nanya. A 10th chip maker, Micron, was also part of the price-fixing cartel but escaped a fine in return for alerting the competition authorities. The DRAM memory chips are used in many products from mobiles to printers.
Dubai World agrees debt deal with key banks
Dubai World, the state-owned investment vehicle, says it has reached an agreement "in principle" with most of its bank lenders to restructure debt worth $23.5bn. It added it would be left with debts of $14.4bn after the restructuring. The terms of the restructuring, include converting $8.9bn of government debt into equity. But the deal must still be approved by other banks that were not involved in the negotiations. Dubai World stunned global markets in November last year when it asked for a six-month delay on debt repayments.
Courts back BA – but are doing it no favors
British Airways might not be having much luck with Icelandic volcanoes of late, but its track record in the British courts is beginning to look supernatural. Last week saw the collapse of an embarrassing trial into price-fixing allegations after an apparent cock-up by prosecutors over disclosure of email evidence. On Monday, BA won a victory over its cabin crew that halted their strike on a "legal technicality" and brought new meaning to the phrase and an utterly disproportionate response from the judge. BA may have halted the cabin crew strike on a 'legal technicality' but it can only harden union opinion, and delay any resolution. This strike is ultimately self-defeating, but the merits of the dispute matter far less than the abuse of a law intended to make sure the majority of union members have their voices heard. Employment law is being interpreted in a way that makes democratic strike action all but illegal.
Lula's veto is last hurdle for 7.7% raise in Brazilian pensions
Lula must decide whether to veto a bill increasing pensions by 7.7 percent, and another bill scrapping a formula that reduces pensions for citizens who retire early.
Chavez's crackdown on brokerage firms yields four arrests in investigation
Venezuelan authorities have arrested executives from three brokerages in the last two days who will face arraignment today as part of an investigation into irregularities in the unregulated currency market.
F.S.A. imposes record fine, and sees clouds on horizon
The U.K. Financial Services Authority imposed its largest-ever fine on an individual on Thursday, the same day the new British coalition government announced plans to roll together parts of the F.S.A. and two other agencies to create a single office to focus on corporate crime. The Financial Services Authority now investigates abuses in the financial markets, the Serious Fraud Office deals with corporate fraud, and the Office of Fair Trading enforces consumer protection and competition law. The government reiterated that the Bank of England would be given responsibility for the stability of the overall financial system, a task that was divided among the central bank, the F.S.A. and the Finance Ministry.
Honduras drops suit against Brazil for sheltering ousted Zelaya
The International Court of Justice (ICJ) announced Wednesday that Honduras has dropped proceedings against Brazil relating to the June 2009 coup in Honduras. The Honduran interim government began the proceedings last October in response to the sheltering of former Honduran president Manuel Zelaya in the Brazilian embassy during the coup. The ICJ was informed earlier this month that the charges were being withdrawn, and the order was granted last week.
UN SG calls for global ban on cell phone use while driving
UN Secretary-General Ban Ki-moon on Wednesday banned all UN employees from using cellular devices while driving in an effort to take the prohibition against cell phone use global. Ban is teaming up with US Secretary of Transportation Ray LaHood, US Ambassador Susan Rice, and Jennifer Smith, president and co-founder of a national advocacy group, FocusDriven, to launch a global campaign to improve road safety by ending habits that distract the attention of drivers. Ban addressed reporters in New York, highlighting the danger associated with the practice. Every year, more than 1.2 million people die on the roads around the world, and as many as 50 million others are injured. Studies indicate that using a mobile phone increases the risk of a crash by about 4 times.
Obama reaffirms support for federal immigration reform
Obama on Wednesday reaffirmed his commitment to comprehensive federal immigration reform, calling the recently passed Arizona immigration law "misguided." Obama held a joint press conference with Mexican President Filipe Calderon where he expressed concern that the law could be applied in a discriminatory fashion and indicated the US Department of Justice (DOJ) is considering bringing legal action to prevent enforcement of the law. Calderon condemned the Arizona bill but also indicated that both countries must work together in order to develop a comprehensive approach to immigration that will benefit the entire region. Obama's stance on the Arizona law reflects his administration's immigration policy that aims "to bring people out of the shadows."
Spain judicial panel allows judge Garzon to consult for ICC
The judiciary oversight committee of the Spanish General Council of the Judiciary (CGPJ) on Tuesday approved a request by judge Baltasar Garzon allowing him to work with the International Criminal Court (ICC). Garzon was suspended last week by the CGPJ for abusing his power by opening an investigation into war crimes allegedly committed under Francisco Franco during the Spanish Civil War. The ICC confirmed earlier this month that they had asked Garzon to work for them as a consultant for a period of seven months in order to improve their investigative methods. The CGPJ granted Garzon's request for leave indicating there was no legal reason preventing him from working as a consultant with the ICC. Garzon still faces trial in Spain where he has been formally charged with abusing his power although no trial date has been set. If convicted, Garzon could face a suspension of up to 20 years.
Asian stocks slip on economy fears
Al Jazeera, Doha, Qatar
US Envoy Meets Israel PM as Peace Talks Gather Pace
Asharq Al-Awsat, Pan-Arab daily, London, England
Long wait for CBSE Grade 12 results over
Gulf News, Independent daily, Dubai, United Arab Emirates
A day in the life of Jews in East Jerusalem
Haaretz, Liberal daily, Tel Aviv, Israel
EGYPT: Hopes Fade for US Help to Restore Civil Liberties
IPS Middle East, International cooperative of journalists, Rome, Italy
A material world
JPost, Conservative, Jerusalem, Israel
Former DIFC governor?is allowed to go on bail
Khaleej Times, English-language daily, Dubai, United Arab Emirates
Iraq- Pure water tank constructed for ID64b
Middle East North African Network, Online financial portal, Amman, Jordan
U.S. Spy Chief Resigns after Intelligence Failures
Nahamet, Online news portal, Beirut, Lebanon
Panel formed on Lebanon poll law
Saudi Gazette, English-language daily, Riyadh, Saudi Arabia
Iran may cancel atom swap deal over Security Council sanctions move
The Daily Star, Independent daily, Beirut, Lebanon
Turkey says not time to raise Iran sanctions
Times of Oman, English-language daily, Muscat, Oman
Arabia Felix connects Yemeni and Saudi cities
Yemen Observer, Sana'a, Republic of Yemen
Documenting our small successes
Yemen Times, (Independent weekly), Sana'a, Republic of Yemen
BA reports record loss of GBP 531m
BBC News, Centrist newscaster, London, England
Report: Ribery 'close to new deal'
BreakingNews.ie, Online news portal, Cork, Ireland
British family killed in Pakistan
Daily Express, Conservative tabloid, London, England
GoogleTV: The television that also lets you surf the net
Daily Mail, Conservative daily, London, England
Google brings web content to TVs with Google TV launch
DMeurope, Online news portal, Amsterdam, Netherlands
USA: Senate approves sweeping Wall Street reform bill
France 24, Issy-les-Moulineaux, France
STARTING POINT: Do you know about Hasankeyf?
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Karl Lagerfeld... On Your Diet Coke
Look Magazine, London, England
Cumbrian man's GBP 300 thank you to Good Samaritan
News & Star, Independent daily, Carlisle, England
BP Says Oil Leak Bigger Than Previously Estimated
Radio Free Europe, Prague, Czech Republic
BA Reveals Record Annual Loss Of GBP 531m
Sky News, Independent newscaster, Middlesex, England
Picture This: Slummin' It
Spiegel International, Liberal newsmagazine, Hamburg, Germany
US geneticist creates synthetic life form
The Guardian, Liberal daily, London, England
Three UK family members shot dead in Pakistan
The Independent, London, England
Ribery to sign new Bayern deal
The Irish Times, Centrist daily, Dublin, Ireland
Interior Ministry Says 10% of Senior Cops Unfit for Duty
The Moscow Times, Independent daily, Moscow, Russia
'Frankenstein' doc creates life
The Sun, London, England
A-list stars and Royalty attend the Butterfly Ball
The Telegraph, London, England
US Senate passes biggest overhaul of big banks since Depression
The Telegraph, Conservative daily, London, England
British family killed in Pakistan
Times Online, Conservative daily, London, England
President attends FKUI graduates' Awakening Day declaration
Antara News, News agency, Jakarta, Indonesia
N. Korea warns of war if retaliated against
China Post, English-language daily, Taipei, Taiwan
10th Seoul International Financial Forum Kicks Off
Chosun Ilbo, Conservative daily, Seoul, South Korea
Taliban blow up 'US spies' in North Waziristan
Dawn, English-language daily, Karachi, Pakistan
Belarus interested in Kazakhstan's investment in oil refinery industry
Gazeta.kz, Official online newspaper, Kazakhstan
Bomb blast in Kandahar kills civilian
Hindustan Times, New Delhi, India
Gorkha leader Tamang killed by unidentified assailants
India Express, News portal, Mumbai, India
Now, drive faster on Delhi roads
India Times, Conservative daily, New Delhi, India
Art for free in beautiful Izu
Japan Times, Independent centrist, Tokyo, Japan
PSD scholarship applicants can start checking status
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
Tonga rattled by 5.0 quake
New Zealand Herald, Conservative daily, Auckland, New Zealand
Commander surrenders
Pajhwok Afghan News, (Independent news agency), Kabul, Afghanistan
Thai forces complete clearing areas occupied by 'red-shirts
People's Daily Online, English-language, Beijing, China
Sri Lanka gets US aid after heavy rains
Sify News, Chennai, India
First Lady put on the spot
Sydney Morning Herald, Centrist daily, Sydney, Australia
U.S. Secretary leads trade mission to China
Taiwan News, English-language daily, Taipei, Taiwan
Research team makes liver cancer breakthrough
Taiwan Today, Government Information Office, Taipei, Taiwan
Hurriyat calls for shutdown in Srinagar on death anniversary of Mirwaiz and Lone
Thaindian News, Bangkok, Thailand
Advani, others absolved of conspiracy charge
The Hindu, Left-leaning daily, Chennai, India
Senate passes U.S. financial reform bill
Canadian Broadcasting Centre, Toronto, Ontario
Overcoming the odds: Reds Perreira's biography
Caribbean360, Online news portal, St. Michael, Barbados
Hedge-fund uncertainty looms
Cayman Net News, Online news portal, George Town, Cayman Islands
After crippling defeat in polls, calls for opposition leader's exit grow
Dominican Today, Independent daily, Santo Domingo, Dominican Republic
ECUADOR: Native Standoff Over Water Bill on Hold
IPS Latin America, International cooperative of journalists, Rome, Italy
Under siege
Jamaica Gleaner, Independent daily, Kingston, Jamaica
Peru: Farmers from Amazonas want airlifts for their products
Living in Peru, News portal, Lima, Peru
Oil fouls Mississippi River marshes, fires public anger
The Globe and Mail, Centrist daily, Toronto, Canada
?Swaratsingh denies it all
Trinidad Guardian, Independent daily, Port-of-Spain, Trinidad
Jail term for Malawi gay couple
BBC News, Centrist newscaster, London, England
DR Congo appoint temporary coach as search goes on
CongoPlanet.com, Independent online news aggregator
I don't have an e-mail address NPP flag-bearer aspirant
GhanaWeb, Online news portal, Amsterdam, Netherlands
Thailand starts clean-up
iafrica, Online news portal, Cape Town, South Africa
Zapiro cartoon sparks religious row
Independent Online, News portal, Cape Town, South Africa
Medrek MP arrested in Oromia
Jimma Times, Online news portal, Jimma, Ethiopia
Armstrong rejects new doping accusation
Mail & Guardian Online, Liberal, Johannesburg, South Africa
Transnet strike continues, union fumes
News24.com, Online news portal, Cape Town, South Africa
Group advises Sambo on loyalty
Vanguard, Independent daily, Lagos, Nigeria
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