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• MiMIC Journal

China buys stake in Thames Water

China's sovereign wealth fund buys a stake in the company behind London's Thames Water utility company, billed as the country's first such investment in Europe. CIC chairman Lou Jiwei had said recently that his company was interested in investing in European and US infrastructure.

China court sentences rights activist to prison for subversion

Chinese authorities on Wednesday sentenced a prominent rights activist to 10 years in prison, marking the third such sentence in a month. Dissident Li Tie was sentenced for subversion. The charges were brought in response to pro-democracy articles Li wrote in 2010. Li professed his innocence saying that his articles accorded with the Constitution. Li was detained in September 2010, but his trial did not take place until April 2011. During the trial Li's family attempted to hire a lawyer, but the government removed him from the case and appointed a government lawyer. His family has vowed to appeal the conviction.

• Law Firm Marketing

How to build your law practice with dignity: here's the only marketing plan you'll ever need

by Trey Ryder

Many lawyers spend thousands of dollars on complex marketing plans. But then, often, other priorities seize their attention and their marketing plans gather dust. Here's the marketing plan I use for my clients.

STEP #1: Identify the niche you want to fill and the services you want to market. When prospects hear your name, you want them to associate you with a specific type of services. For example, John Wilbanks is an estate planning attorney. Karen Ambrose is a tax lawyer. Mark O'Connor is a corporate lawyer.

STEP #2: Identify the type of clients you want to attract. If you expect to hit your target, you must know where to aim. Identify your prospects by:

• Demographics:These are characteristics that identify individuals by who they are (including gender, age, marital and family status, and occupation) -- and what they have (including education, income, car and home).

• Psychographics:These are characteristics that identify individuals by what they like and how they live, such as hobbies, interests, and leisure activities -- anything that will connect you with the audience you want to reach.

• Geographics: These are characteristics that identify individuals by where they live, where they work, and where you can find your prospective clients.

STEP #3: Identify how you and your services differ from those of your competitors. Positive differences are your competitive advantages. Negative differences are your competitive disadvantages. Identify both so you'll know your strengths and weaknesses.

Competitive advantages can include (1) your education, background and experience, (2) how well you serve and meet clients' needs, and (3) the physical environment in which you serve clients. As a rule, the greater your knowledge, skill and experience, the higher the fees you can charge.

Everywhere you deliver your marketing message -- in written materials, at seminars, during interviews, on your web site -- clearly spell out your competitive advantages.

STEP #4: Identify ways you can add value to your services so prospects choose you over all other lawyers. Ask yourself how you could provide services more efficiently, effectively, completely, or faster -- with your client benefiting from less risk and more value.

I had a problem with the dealership that services my car. I lost one hour in the morning taking the car for service, and another hour in the afternoon retrieving the car. So I explained my situation to the service manager. He said, "No problem, I'll send someone to pick up the car."

In just ten words, he added tremendous value to his services, at a cost of almost nothing. And I added two billable hours to my day!

STEP #5:Learn how to establish your credibility and interact with prospects without selling. Today's clients want confidence in your abilities, personal attention, and value for their money.

When you interview your prospect, (1) ask what problem he wants to solve or goal he wants to achieve, (2) listen carefully so you know which points he considers most important, (3) offer information about your prospect's problem and the solution you recommend, (4) provide facts about your background and qualifications, (5) explain how you've helped other clients in similar situations, and (6) allow your prospect to make his own decision without pressure from you.

STEP #6: Compile and keep on computer a comprehensive mailing list. Your mailing list is your most valuable business asset. Whether your list contains 20 names -- or 2,000 names -- these people are the core around which you build a successful firm.

Your mailing list should include (1) past and present clients, (2) prospective clients, (3) current and prospective referral sources, and (4) editors and producers at media outlets that reach your target audience. Code your mailing list so you can call up whatever names you need.

The critical element in your marketing program is your ability to add prospect's names to your mailing list at whatever rate will bring you the number of new clients you want.

If you know the names of specific people or companies you would like to have as clients, add them to your firm mailing list. Most rules of professional conduct either prohibit or limit how and when you can approach consumers who have an immediate need for legal services. But time and again, I've heard bar counsel tell lawyers that they can add prospects' names to their mailing lists if those prospects might need legal services at some time in the future. This opens the door so prospects can receive your educational materials, newsletters and invitations to seminars. (If you have questions about this in your jurisdiction, check your rules of professional conduct or call your bar counsel.)

STEP #7: Make sure prospects and clients can reach you easily without hassle. If prospects have a hard time contacting you, they will often call another lawyer.

• Menu of Options: Consider a voice mail menu to route calls quickly: "If you'd like to receive our new Consumer's Guide for Accident Victims, press one now. If you'd like to speak with Mr. Jones, press two now." If your menu is long, you might tell callers they can skip the menu and make their selection at any time.

• Direct-Dial Numbers: If you want prospects and clients to call you without going through your switchboard, offer your direct dial number so they can reach you immediately.

• Toll-Free Numbers: If you are marketing to prospects who are a toll call from your office, install a toll-free number because, in many cases, prospects won't pay to call you.

• Never-Busy Fax Numbers: Most phone companies offer a fax backup service. It detects when your fax line is busy and reroutes a second fax into its computer. When your fax line is free, the backup service sends the fax to your fax machine.

• Voice Mail: Set up a voice mail system so you can answer calls 24 hours a day and assure that no one gets a busy signal. During one series of radio commercials, I had a client who received 80 calls per commercial. (Do not use answering services with live operators because often, during peak hours, callers get busy signals or no one answers.)

• Pager Notification: If you want to be notified when you have after-hours messages, you can add a pager to your system and it will page you according to your instructions.

• E-mail: Prospects often want to send you a note, but don't need to talk with you. Make sure you accept e-mail messages and check your mailbox often. Recently a lawyer contacted me by e-mail to set up a phone appointment. I asked why he didn't call instead. He said he always makes his initial contacts by e-mail. We find that prospects who make their inquiries by e-mail tend to be more affluent, educated prospects.

STEP #8: Compile your information and advice into your own unique educational message. Title your message so you attract the prospects you want -- and so they realize that your materials will help them solve a problem or achieve a goal.

A personal injury attorney might offer "5 steps to getting a fair settlement for your injuries." A domestic relations attorney might offer "9 ways to reduce the pain and expense of divorce." A business lawyer might offer "6 ways to reduce liability exposure and cut insurance costs."

On a sheet of paper, list each point along with your suggestions in plain English. Often, after doing nothing more than reading your materials, prospects will hire you because they trust you and believe that you know how to achieve the result they want.

To increase the persuasive power of your materials, include more than one list. Start with an umbrella title, such as "guide" For example, you might offer a Consumer's Guide to Child Custody. Then you could offer a number of tips, secrets, mistakes to avoid, misconceptions, and more.

To be effective, your educational message should (1) identify and explain your prospect's problem, (2) prove the problem exists, (3) identify the solution, (4) prove the solution works, and (5) build you into the solution so your prospect hires you. Make sure your marketing message always explains the benefits of acting now -- and what your prospects stand to lose or risk when they delay.

STEP #9: Educate your audience with written information and advice. Write your message in a form that you can send to anyone who calls your office. Then, by offering to mail copies without charge, you attract calls from genuine prospects. When prospects call, they give you their names and addresses, which you add to your mailing list.

Important: The longer your materials, the better. The longer you keep your prospect's attention -- and the more information you provide -- the more likely he is to hire your services. Not all prospects will read everything you send. But many will, provided your materials are well written and relevant to the person's problem. If your prospect is willing to give you his time and attention, you're in a much stronger marketing position when you have answered his questions and explained the many ways he benefits from hiring your services.

STEP #10: Educate your audience through articles and interviews. Media publicity provides you the opportunity to educate prospects, offer your written materials, and invite prospects to seminars. When you become the center of media attention, you establish a high level of credibility and -- when your program is properly designed -- you attract calls from prospects. One of my news releases landed my client on the CNN Headline News. Another client received 426 requests for his written materials after offering them on a radio talk show.

STEP #11:Educate your audience through paid advertising. To assure that your message appears at the times and places you desire, buy advertising time on the broadcast media and space in the print media.

Your ad's focus should be to offer prospects more information by (1) inviting prospects to call for your free written materials, (2) inviting prospects to call for a free phone consultation, (3) inviting prospects to attend your free seminar, or (4) inviting prospects to visit your web site.

STEP #12: Educate your audience through seminars and roundtables. Seminars save time because you present information to many prospects at once. Also, seminars enhance your credibility and allow you to talk with qualified prospects in a non-threatening educational setting. Plus, seminars give prospects the opportunity to ask questions, discuss problems and request an appointment with you.

STEP #13: Educate your audience through direct mail. Direct mail gives you the opportunity to educate prospects, offer your written materials, invite prospects to seminars, and invite prospects to visit your web site. You can use direct mail to communicate with prospects already on your list, or to reach new prospects if you can identify prospects by their names and mailing addresses.

Make sure you review your local Bar's ethical rules about mailing information to non-clients. Usually, these rules relate to targeted direct mailings to persons known to need legal services, such as accident victims, and do not apply to prospects who may someday need your help.

STEP #14: Educate your audience through a printed newsletter, e-mail alert or both. Send your newsletter to prospects, clients and referral sources. Your newsletter reinforces your marketing message, continues the flow of information, and serves as an ongoing contact. It adds value to the services you provide and acts as a tangible tool to increase referrals.

Your newsletter can be as short as a one-page letter -- or as long as you want. Frequency is more important than length. Mail your newsletter at least monthly. If you send an e-mail alert, consider sending it every week.

STEP #15: Educate your audience with recorded messages. If you want to reach people who cannot attend your seminars, record your seminar or dictate the information onto CDs or DVDs. This helps busy people who can listen whenever they have a break or when they are in their car on the way to work. Recorded messages are highly effective educational tools for your web site, as well.

STEP #16: Educate your audience through an internet web site. When you put your educational information on your web site, it's there 24 hours a day, whenever your prospect wants to read it. In addition, you can add recorded audio and video messages to your web site. In fact, you can post a video of one or more seminars on your web site so prospects can digest your educational message online.

Include articles, checklists and recommendations. The more you educate your prospect, the more he trusts you and the more he values your knowledge. Try to answer every question your prospect might ask. The more information you provide, the more you help your prospect qualify or disqualify himself as a candidate for your services.

When you use different educational methods together, they reinforce and clarify your message. This brings you more new clients than if you were to use any one method by itself.

These 16 steps attract new clients, increase referrals, strengthen client loyalty and build your image as an authority without selling. What's more, this plan gives you complete control over your marketing future.

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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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When a company sounds suspiciously like a law firm

Legal staffing companies, hired by law firms to provide temp lawyers to review documents in huge pieces of litigation, have dramatically expanded the scope of their services. It's not just about rounding up bodies anymore. Take Atlanta-based Excelerate Discovery, which describes its services this way: "Simply put, our experience in running your project –whether simply consulting or managing a soup-to-nuts document project from process to production is unparalleled." Clutch Group, another discovery services firm, tells prospective clients that its consultants "minimize the burdens placed on junior associates and add expertise to the complex discovery process" and "develop and implement methods and manage the overall discovery process to yield efficiency and cost savings." Other companies boast of their employees' legal backgrounds: "led by seasoned attorneys"; "significant in-house corporate legal experience"; "team of attorneys is highly skilled and experienced." All that is great, except these companies are not law firms. And if they're not law firms, then the question is this: What services can they provide without violating regulations that prohibit them from practicing law?

Eastman Kodak files for bankruptcy protection

Eastman Kodak, the company that invented the hand-held camera, has filed for bankruptcy protection. The 133-year-old firm has struggled to keep up with competitors who were quicker to adapt to the digital era. Kodak made all its money from selling film, then the digital camera came along and now no-one's buying film. It's not like they didn't see it coming. Kodak hesitated because they didn't want to eviscerate their business. The company said it had already arranged a $950m credit facility from Citigroup to keep it going. Kodak is also hoping to make the most of its technology patents involving digital capture, which is used in mobile phones and other portable gadgets. Kodak says these have generated $3bn in revenue since 2003. The bankruptcy protection move by Kodak affects its operations and companies in the US, but the company said its non-US subsidiaries were not included in the move and would continue to operate as usual.

EU adopts new electronic waste law

The European Parliament has passed a new law to curb dumping of electronic goods such as mobile phones, computers and TV sets in landfill sites. From 2016 EU member states will have to collect 45 tons of e-waste for every 100 tons of electronic goods put on sale during the previous three years. By 2019 the target must rise to 65 tons, or member states can opt to collect 85% of total e-waste generated. The new law will oblige large shops selling electrical goods to accept small e-waste items from customers, such as mobile phones, even if the customers do not buy a replacement. With big items such as washing machines, the manufacturers will be responsible for the recycling.EU officials say only about one-third of e-waste is treated appropriately. The new law, an update of the 2003 WEEE - Waste Electrical and Electronic Equipment Directive, gives 10 EU states until 2021 to reach the new targets, so that they can improve their waste disposal facilities.

Beer 'must be sold' at Brazil World Cup, says Fifa

Beer must be sold at all venues hosting matches in the 2014 World Cup in Brazil, football's world governing body, Fifa, has insisted. Fifa General Secretary Jerome Valcke said the right to sell beer must be enshrined in a World Cup law the Brazilian Congress is considering. Alcoholic drinks are currently banned at Brazilian stadiums and the country's health minister has urged Congress to maintain the ban in the new law. Brewer Budweiser is a big Fifa sponsor.

US shuts down Megaupload sharing site

One of the internet's largest file-sharing sites is taken offline after US officials charge its founders with violating piracy laws. Federal prosecutors have accused it of costing copyright holders more than $500m in lost revenue. The firm says it was diligent in responding to complaints about pirated material. In response, the hackers group Anonymous has targeted the FBI and US Department of Justice websites. The news came a day after anti-piracy law protests, but investigators said they were ordered two weeks ago.

European Central Bank to recover most of its Lehman loans

Some investors and creditors may have lost billions when Lehman Brothers went bankrupt in 2008, but it looks as if the European Central Bank will get most of its money back. An effort of more than three years to unwind Lehman assets will recover almost all the 8.5 billion euros, or $11 billion, that the central bank stood to lose. Lehman's German unit had used 33 securities as collateral to borrow the money from the European Central Bank before its collapse in September 2008. Of the 33 Lehman securities, 28 have been sold. The largest remaining asset is Excalibur, a package of loans and derivatives based on European commercial real estate mortgages. Lehman constructed Excalibur in 2008 and used it to borrow 2.16 billion euros from the European Central Bank. Lone Star Funds, an American private equity firm that specializes in distressed debt, would buy Excalibur for 1.8 billion euros.

ABA may require law schools to provide detailed job data

The American Bar Association has approved rules that, if ultimately passed, would force law schools to disclose more information about graduate job placement.

France senate panel rejects genocide denial ban

A committee of the French Senate voted on Wednesday to oppose a law that would outlaw genocide denial, including the World War I-era killings of more than one million Armenians by Turkish soldiers. The proposed law, which was approved by the French National Assembly in December, sparked animosity in Turkey, which does not consider the 1915 killings genocide. If passed, the law would impose criminal penalties on those who are deemed to be "condoning, denying or grossly trivializing crimes of genocide." The Armenian genocide is also a contentious issue in US law and politics.

Supreme Court upholds Congress' authority to restore lapsed foreign copyrights

The US Supreme Court ruled Wednesday in Golan v. Holder that Congress has the authority under the Copyright Act to restore copyright protection in foreign works where the work was never registered in the US and the full copyright term has expired. Plaintiffs challenged § 514 of the URAA - Uruguay Round Agreements Act of 1994, which restored copyright protection to thousands of foreign works that had previously been in the public domain. Plaintiffs argued that (1) the Progress Clause of the US Constitution prohibits Congress from taking works out of the public domain; and (2) that § 514 violates the First Amendment because taking works out of the public domain inhibits free speech. However, the Supreme Court stated that Congress was right to seek harmonization with international law.

Gang members arrested after boasting about murders online

New York police arrested 43 feuding gang members citing evidence collected from the members' messages on Twitter, Facebook and YouTube.

Litigation considerations in cloud computing disputes

When disputes or litigation arise in the cloud arena, there are five key items for counsel to consider, whether representing the corporation or cloud provider.

• Limitation of liability

In the event of a cloud disaster, the first place litigation counsel should turn, whether representing the corporation or cloud provider, is the limitation of liability clause generally found in the cloud services agreement. Corporations should check to see if they have a contractual means for recovering for losses from business interruption, including lost revenue, lost profits and lost goodwill. By the same token, cloud providers should consult the clause to determine the overall universe of potential liability, particularly whether the contract expressly disclaims any recovery for consequential damages, which would include damages involving third parties, (i.e., lost revenue, profits and/or goodwill). Another key is whether, in addition to a disclaimer of consequential damages, there is a cap on total damages. In cloud provider contracts, damages are often limited to fees paid under the contract. The scope of the limitation of liability clause will be a major factor in determining which side has leverage in any dispute.

• May the limitation of liability clause be circumvented?

While clauses limiting liability to direct damages, disclaiming consequential damages, and/or capping liability at fees paid are generally enforceable, many states' laws provide that such clauses are not enforceable in the event of gross negligence or recklessness. While gross negligence is often difficult to prove, courts have been more amenable to a finding of gross negligence in instances of data loss, given the severe harm suffered as a result. For example, one court recently sustained a claim of gross negligence and/or recklessness in a cloud computing/loss of data case because it was alleged that the provider failed to take adequate steps to protect the data. Clark Street Wine and Spirits v. Emporos Systems Corporation, 754 F. Supp. 2d 474, 481-82 (E.D.N.Y. 2010) ("[i]n view of great damage to customers and business that breaches of a computer system may cause, a jury may find that the responsible entities, such as, should take special precautions to protect these systems").

Thus, to attempt to circumvent the limitation of liability clause, corporations should search to see if precautions that perhaps should have been taken by the cloud provider were not. For example, were back-ups of data stored in different regions? Were banks of computers isolated from one another ready to take over if another zone failed? If data was stolen, what security measures were taken? If stolen by a rogue employee, what was the cloud provider's hiring process? By the same token, counsel for cloud providers should endeavor to flesh out all steps taken by the cloud provider both before and after the issues arose to demonstrate that the cloud provider acted reasonably, took numerous special precautions, and certainly did not act with gross negligence or recklessness.

• Analyze contract claims

Even absent gross negligence or recklessness, the corporation may have several legal claims at its disposal, particularly breach of contract. Often cloud service agreements require the cloud provider to maintain certain service levels involving overall availability of data, numbers of critical or non-critical outages, and length of delays in responding to issues as they arise. Counsel for the corporation should determine if service levels were not met and if service level credits are due. Further, there may have been breaches of several provisions of the cloud agreement, such as warranty provisions. Similarly, certain back-up steps may be contractually required and counsel should review the agreement carefully to discern each side's obligations in this regard.

On the flip side, the cloud provider should scour provisions regarding the corporation's obligations, and any contractual assumptions regarding the corporation. For example, problems in the cloud may have been caused by issues on the corporation's end, such as perhaps bad data imported from a company the corporation recently acquired, for which the corporation is contractually responsible. It is of course imperative to analyze the root cause of the cloud issues and determine which side is at fault. Litigation counsel for corporations and cloud providers should line up the witnesses, emails and other documents necessary to prove their respective case.

• Remedies

While having meritorious claims in a lawsuit may help the corporation down the road, when there are issues in the cloud the corporation may be in a crisis state requiring immediate action. Counsel for the corporation should consider whether it may be able to obtain an injunction to require the cloud provider to take extraordinary steps to attempt to restore data. Both sides should consult the agreement to determine if the parties have agreed that a loss of or risk to data may constitute irreparable harm, entitling the corporation to an injunction.

Corporations may also wish to consider immediate termination of the agreement and a corresponding transfer to another cloud provider. However, many agreements may prohibit termination and transfer until services are paid for in full, which the corporation may be reluctant to do given the dispute. The cloud provider in any negotiation may use such a clause as leverage, while the corporation may need to seek a declaratory judgment allowing termination or an injunction requiring transfer without making any further payment.

Insurance And Indemnification Counsel for each side should be sure to check applicable insurance policies for coverage, and timely place insurance companies on notice. Similarly, both sides should consider when any contractors or other third parties are at fault and seek indemnification relief accordingly.

Note: This article by Gerry Silver originally appeared on Law.com.

• Daily Press Review

Gingrich attacks media in US debate
Al Jazeera, Doha, Qatar

Yemen amends immunity law, Saleh still protected
Asharq Al-Awsat, Pan-Arab daily, London, England

Israeli envoy leaves Cairo ahead of 25/1
Egyptian Gazette, English-language, Cairo, Egypt

Iran says information gathered by UN may have played part in scientist killing
Haaretz, Liberal daily, Tel Aviv, Israel

Violence rages in Syria as Arab mission expires
JPost, Conservative, Jerusalem, Israel

Ship crew 'downplayed emergency'
BBC News, Centrist newscaster, London, England

Gingrich attacks question on 'open marriage'
CNN International, London, England

Raging brush fire destroys 20 homes
Daily Express, Conservative tabloid, London, England

Founder Kim Dotcom of online file sharing site Megauploads arrested for violating piracy laws
Daily Mail, Conservative daily, London, England

How Bailey changed my life in a flash! When Nicky Haslam joined David Bailey on the photoshoot that transformed fashion, it was the start of his very own wild adventure
Daily Mail, Conservative daily, London, England

Concordia search suspended after ship moves
EuroNews, International news, Ecully Cedex, France

INTERNET: US authorities shut down file-sharing site Megaupload
France 24, Issy-les-Moulineaux, France

Bad boys Beitar cry foul over Federation penalty on racism
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Raging brush fire destroys 20 homes in Nevada
Independent The, London, England

Time running out for Ukraine
Moscow News The, Independent, Moscow, Russia

Concordia: How the disaster unfolded
Telegraph The, Conservative daily, London, England

Singer Michael Ball no longer feels miserable
Telegraph The, Celebrity news, London, England

2011 exports exceed target
Bangkok Post, Independent, Bangkok, Thailand

Ex-UK official confirms spies used decoy rock in Moscow
China Post, English-language daily, Taipei, Taiwan

Online Game Companies Have a Responsibility to Youngsters
Chosun Ilbo, Conservative daily, Seoul, South Korea

US warns against N Korea 'provocation'
Hindustan Times, New Delhi, India

Mumbai airport runway to shut for 8 hours till May
India Times, Conservative daily, New Delhi, India

Get ready for a sweet race
Japan Times, Independent centrist, Tokyo, Japan

Aussie cop caught punching cricket fan
New Zealand Herald, Conservative daily, Auckland, New Zealand

S. Korean civic group to send flour aid to DPRK
People's Daily Online, English-language, Beijing, China

Crooning President Obama wows New York crowd
Straits Times, Pro-government, Singapore

Sam will be 'looked after'
Sydney Morning Herald, Centrist daily, Sydney, Australia

1 died in southeastern Turkey after wounding in a bombing
Taiwan News, English-language daily, Taipei, Taiwan

Greek PM to meet coalition backers on debt talks
The Economic Times, Business, Mumbai, India

Russian diplomats leave Canada over spy case
Canadian Broadcasting Centre, Toronto, Ontario

The last thing we need is another foreign policy review
Globe and Mail The, Centrist daily, Toronto, Canada

Microsoft Backs Marriage Equality Law
International Business Times, Business news organization, New York, U.S

Mayans Demand Voice in 'Doomsday Tourism' Boom
IPS Latin America, International cooperative of journalists, Rome, Italy

Wall Street rises on bank results, but Google sinks late
Reuters, Business News, New York, U.S

ICC sets date for decision whether to try Kenyan suspects
Reuters, World News, New York, U.S

Leafs snap losing streak with 4-1 win over Wild
Toronto Star, Toronto, Ontario

'Many rebels die' in Mali clashes
BBC News, Centrist newscaster, London, England

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