March 30, 2012 nº 1,160 - Vol. 10


"Conscience is a man's compass."

Vincent van Gogh

In today's Law Firm Marketing, Newsletter no-no's.

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  • Top News

JOBS Act benefits financial scammers

If, as expected, the JOBS - Jumpstart Our Business Startups Act that passed through Congress last week becomes law, the big increase in employment most likely will come in the investment scam business. The legislation effectively allows a burgeoning phenomenon known as "crowd funding" to proceed virtually unfettered, with the idea that it will help new and small businesses raise capital effectively at a time when the financial-services industry has been tight about making loans and institutional investors have been rushing for safety. Crowd funding — sometimes called "crowd financing" — is used to describe a group of people who network and pool money and resources together to support an effort. It really started with charitable causes, disaster relief and political campaigns, then it spread to the arts community (where the idea was to finance, say, a movie or Broadway show), and ultimately to supplying capital for small businesses and start-up companies. It's a particularly appealing idea in this day and age of social media, where a cool concept can spread like wildfire and generate immediate excitement. That's because the JOBS Act essentially allows startup companies to go directly to investors via the Internet, and with little disclosure or regulation. (The House version of the bill would have allowed entrepreneurs to raise up to $1 million without providing any financial disclosure at all.) One positive is that companies must use third-party crowdfunding platforms approved by the Securities & Exchange Commission, but the drawback is that you can expect those firms to be regulated much more loosely than, say, investment bankers. If you want proof that the SEC is not necessarily up to the task, consider that SEC Chairman Mary Schapiro has been one of the more outspoken critics of the bill. Beyond crowdfunding, the JOBS Act also changes Regulations A and D in securities laws. That's more than alphabet soup. Regulation D requires that any offer to sell securities must either be registered with the SEC or meet certain exceptions, and bans public solicitation in private offerings. That's also where it can be led astray, and in trying to make it easier for entrepreneurs to start a business and create jobs, Congress has streamlined the potentials for frauds too. The most promising startup in this new environment might be a boiler-room pump-and-dump operation. The JOBS Act lifts that ban; effectively, companies that had been living with Reg D exceptions — often tiny firms, penny stocks and startups — will now be able to stay private while still rounding up buyers. That means investors will get even less disclosure, and while it might not seem like this would be a massive problem, consider that experts expect around 20,000 Reg D offerings, with a median value of about $1 million, to see the daylight this year.

Brazil protests counter military coup celebration

Riot police used pepper spray and tear gas Thursday to chase protesters away from a celebration by retired soldiers marking the 1964 coup that established Brazil's long military dictatorship. Former officers have gathered every year to mark the occasion, but now they're facing a growing tide of opposition and had to push through about 200 people screaming "murderer" and holding up photos of those killed during the regime. Unlike Argentina, Chile and Uruguay, which also had repressive military regimes, Brazil has never had a formal investigation into human rights abuses during its 1964-85 dictatorship. A 1979 amnesty law barred prosecutions for politically motivated crimes committed during the regime.

Three major banks prepare for possible credit downgrades

Moody's Investors Service will decide on banks' credit ratings in mid-May, and Morgan Stanley, Bank of America and Citigroup could be cut to a level just two notches above speculative grade. Credit ratings are particularly important for financial companies, which greatly depend on the confidence of their creditors and the companies they trade with. A high credit rating enables banks to put up less money, which they can borrow cheaply, while a lower credit rating can mean they have to put up more money and perhaps pay more for their loans. The three banks that stand to be the most affected by a ratings downgrade have already said that they would have to put up billions of dollars more in collateral to back trading contracts.

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  • Crumbs

1 - Magic Johnson group to buy Dodgers for record $2bn - click here.

2 - Brazil World Cup legislation moves closer to passage - click here.

3 - Supreme Court ends three-day Obama healthcare debate - click here.

4 - Indonesian women stripped of mini skirt rights - click here.

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  • MiMIC Journal

Damaging coup rumors ricochet across China

Damaging rumors of a coup are an obsession in China, even though there is zero concrete evidence. Photographs of tanks and armored cars on city streets were flying around Twitter and elsewhere. On closer inspection though, some of the pictures seemed to be old ones from rehearsals for military parades, others did not even seem to be of Beijing, as they claimed, but different Chinese cities. Many people seemed to believe something was happening, though. The thing that is fascinating is how much traction the talk gained, how far it spread, and what it suggests about China today. What is most important is that these are not normal times in China. The political atmosphere is tense, full of talk about infighting, purges and power-struggles at the top as China's Communist Party prepares for its once-in-a-decade leadership shuffle later this year. China does not look so stable when power struggles are fought in the dark.

  • Law Firm Marketing

Newsletter no-no's

by Linda Julian

A newsletter is a great way to stay in touch with clients, suppliers, and contacts. But gaining readership can be difficult, especially if your newsletter or communication is unappealing and cluttered to the eye.

Making text more approachable and readable is not a difficult task.

Here are some easy and effective tips to help you when producing your next newsletter, information sheet, or document.

Text should:

  • be dual column or even three-column (like a magazine) -- this makes the text approachable and allows readers to take aboard information easily

  • no underlining, please -- this primitive formatting feature comes from the dark ages of typewriters and we've all become a lot more sophisticated since then !

  • have no intermediate capitals -- this creates visual clutter, makes the eye work harder to absorb and process information, and makes a mess of your pages

  • not have centered or justified text within columns -- it just looks messy and visually confused

  • have no indentation, even where bullets are concerned

  • always include a date reference -- month and year, or "spring 2011"

  • have page numbers

  • include a copyright notice

  • always be branded with the firm logo

  • mention contact details

  • incorporate where and who to contact for more information.

Incorporating some or all of these tips when producing your next newsletter or document will mean that your slabs of text are not only accessible and approachable, but much more reader friendly and look fantastic as well !

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© Trey Ryder

FREE LAWYER MARKETING ALERT: If you'd like to receive Trey Ryder's weekly Lawyer Marketing Alert, send an e-mail to [email protected]. Write "Subscribe LMA" in the subject line and write your name and e-mail address in the body of the message.

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  • Historia Verdadera

Negocios en vía..

La operadora italiana de autopistas Atlantia recibió más de diez ofertas por su unidad chilena Grupo Costanera, de la que puso a la venta hasta un 49%.

Cemento

Cementos Argos, el mayor productor de cemento de Colombia, emitirá el 11 de abril bonos por US$ 169,4 mlls., en el mercado local y ya planea otra oferta para el segundo semestre, la empresa tiene operaciones en Estados Unidos y el Caribe.

YPF-Repsol

La petrolera argentina YPF, filial de la española Repsol, presentó un recurso judicial contra la decisión de la patagónica provincia de Chubut de retirarle dos concesiones de hidrocarburos por supuestamente incumplir inversiones. (Presione aquí)

  • Brief News

Obama health law hangs in balance

The US Supreme Court has heard final arguments on President Obama's healthcare bill, debating whether it could stand if a key measure is cut. A lawyer for 26 states challenging the law said the rest of the bill was untenable if the legal requirement to buy health insurance was struck down. Washington attorney Paul Clement opened with arguments for the challengers, claiming that the individual mandate is the heart of the statute and that, if you take it out, there is a chain of provisions that would no longer be workable with the goals of the legislation, and as such the court would have to strike down the entire Act. The justices have heard three days of argument on the Affordable Care Act, the longest such debate in years. A decision could come in June, midway through the presidential campaign.

Supreme Court refuses tobacco firm appeal in smoker case

The U.S. Supreme Court said it will not hear an appeal by R.J. Reynolds Tobacco Co in a Florida case in which it was ordered to pay $28.3 million to a woman whose husband died of lung cancer after decades of smoking its cigarettes. The justices refused an appeal by the Reynolds American Inc unit, which argued that its constitutional due process rights had been violated and that the issue could affect thousands of pending cases in Florida against tobacco companies.

Spain to unveil 'very austere' budget

The Spanish government is due to unveil what is expected to be one of the toughest budgets in its recent history. Newly-elected Prime Minister Mariano Rajoy has already warned the budget will be "very austere". The global financial markets are increasingly concerned that Spain's debts are becoming unmanageable. On Thursday, Spanish police clashed with protesters after a general strike was held to protest against labor reforms designed to cut unemployment.

Japan issues N Korea rocket order

Japan says it will shoot down a North Korean rocket if necessary, as new satellite images appeared to show preparations for the launch next month. Defense Minister Naoki Tanaka issued the order to intercept the rocket if it threatened Japan's territory. Pyongyang says it will launch a satellite on a rocket between 12-16 April. The move has sparked international criticism. North Korea claims the launch is for scientific research and ''peaceful purposes''. But the United States and North Korea's neighbors insist it will be a disguised long-range missile test, contravening UN resolutions. The controversial launch also comes only weeks after North Korea agreed to return to talks on its nuclear program in return for food aid from the US - a deal which is now on hold.

Breaking the hedge fund industry's silence

Investors may soon get a keyhole view into the cloistered world of hedge funds and private equity firms, thanks to a little-known provision in the new JOBS Act that would relax rules on how firms can market themselves to the public. The bill, called the Jump-start Our Business Start-ups Act, or JOBS Act, would reverse parts of a nearly 80-year-old regulation preventing these funds from discussing even the most basic items, like performance or investment strategy, with outsiders. The rule, part of the Securities Act of 1933, gave an already secretive industry the regulatory cover to remain silent. The bill enables hedge funds and private equity firms to solicit investors directly, instead of through third parties, which typically vet the firms before introducing them to clients. While the bill could ease the path to fund-raising, it could also introduce new risks to small investors unaccustomed to the complex and risky strategies the firms deploy.

Vatican leaks raise questions over finances

An archbishop who complained of corruption was sent to the United States, and the Vatican is carrying out a rare criminal investigation to see who leaked documents purporting financial misdeeds.

Russia lawmakers introduce bill banning promotion of homosexuality

The Russian lower house of Parliament, the State Duma, will consider a controversial bill introduced by lawmakers on Thursday that bans the spread of "homosexual propaganda" to minors. The bill calls for fines of up to 500,000 rubles (USD $16,500) for promoting the homosexual lifestyle and appears to be aimed at media outlets which lawmakers blame for "promoting gay lifestyles as 'normal behavior.'" The bill is similar to a bill signed into law early this month in St. Petersburg that imposes fines against people convicted of promoting homosexuality, including gays or lesbians who are open about their sexuality.

Hungary president loses doctorate

A university in Hungary strips President Pal Schmitt of his doctorate after ruling that large parts of his thesis were plagiarized. Budapest's Semmelweis University conducted an inquiry and the rector condemned a "violation of scientific norms". A committee on Tuesday said more than 200 pages of the 215-page document either showed "partial similarity" to other works or were direct translations. But it also blamed the university for failing to notice the copying or alerting Pal Schmitt to it.

Audit finds Apple supplier violates Chinese work rules

The first outside audit of Apple's supply chain found excessive working hours and health and safety issues at its largest manufacturer, piling more pressure on the technology giant to end workers' rights violations in China. The investigation of manufacturer Hon Hai Precision Industry, which is known as Foxconn, was conducted by the Fair Labor Association, a group Apple joined in January. It was based, in part, on surveys of 35,500 workers building products like iPods and iPhones at three Foxconn facilities in Shenzhen and Chengdu.

Blackberry-maker RIM reports $125m loss

Blackberry manufacturer Research in Motion (RIM) has reported a quarterly loss of $125m, due in part to falling revenues on the back of weak smartphone shipments. Revenues fell to $4.2bn from $5.2bn. The Blackberry Playbook RIM's Playbook has suffered from poor sales. The firm also suggested it would refocus on the corporate market rather than on individual consumers.

UK-US extradition treaty overhaul urged

The Commons Home Affairs Select Committee believes it is "easier to extradite a British citizen to the USA than vice versa". The MPs' recommendations include: (1) Amending the text of the 2003 treaty to ensure the same test applies for extradition from both countries; (2) Allowing a judge to decide that a person is tried in the UK in cases where both countries have jurisdiction; (3) Introduction of an initial test of someone's guilt. Evidence to the committee has shown that the current arrangements do not protect the rights of British citizens.

Student loans on rise -- for Kindergarten

Unable to afford private school, more parents are turning to loans years before their children start college. It used to be that families first signed up for education loans when their child enrolled in college, but a growing number of parents are seeking tuition assistance as soon as kindergarten. Though data is scarce, private school experts and the small number of lenders who provide loans for kindergarten through 12th grade say pre-college loans are becoming more popular. Much of this demand is coming from high-income families. For parents who sign up for pre-college loans the risks can be significant. To begin with, they could be repaying the loans for a long time.

Mali coup leaders draft new constitution

Mali leaders announced on Thursday that they have drafted a new constitution following last week's military coup. In a statement read on Mali state television, it was announced that the new constitution will allow citizens to demonstrate or go on strike and that it will provide immunity to the leaders of the military coup. The announcement comes after the Economic Community of West African States announced it would send a delegation into Mali to "secure the speedy restoration of constitutional order in the country." The country's new leaders also announced that they plan to hold elections, although they did not announce an election date. Under the new constitution, the leaders of the coup that toppled President Amadou Toumani Toure would not be eligible to run for elected office.

FBI targeted California mosques to gather intelligence

The American Civil Liberties Union (ACLU) revealed Tuesday that it received documents confirming that the Federal Bureau of Investigation (FBI) used a "Mosque Outreach" program to gather intelligence on Muslim-American citizens. Using a Freedom of Information Act (FOIA) lawsuit, the ACLU discovered that the FBI had been using the program to record conversations, observe behavior and collect data within mosques in California. The ACLU is alleging a violation of First Amendment rights to freedom of religion as well as the Privacy Act of 1974.

France arrests 19 suspected Islamists in dawn raids

Police have detained 19 people in a crackdown on suspected Islamist extremists in cities around France on Friday and more such raids are planned. Sarkozy gave no details about the justifications for the arrests, or what specifically the detainees are suspected of. Police have been hunting possible accomplices but sources said there was no direct link with the raids. Sarkozy said that arrests of suspected radical Islamists "would continue and that will allow us to expel from our national territory a certain number of people who have no reason to be here". He added: "What must be understood is that the trauma of Montauban and Toulouse is profound for our country, a little - I don't want to compare the horrors - a little like the trauma that followed in the United States and in New York after the September 11, 2001 attacks."

Supreme Court rules against retroactive application of immigration travel law

The US Supreme Court ruled 6-3 Wednesday in Vartelas v. Holder that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), a law designed to deny re-entry to immigrants who have committed certain crimes, cannot be applied retroactively to lawful immigrants if the date of his/her conviction occurred before the IIRIRA passed. The IIRIRA made it legal to deny a permanent resident reentry if he has committed a crime of "moral turpitude" in the past.

Strauss-Kahn's U.S. legal team argue for civil suit dismissal

Attorneys for embattled former International Monetary Fund chief Dominique Strauss-Kahn on Wednesday asked a Bronx judge to dismiss a civil suit brought by the hotel maid who accused him of sexual assault on the grounds that he enjoys diplomatic immunity. Amit Mehta, one of Strauss-Kahn's lawyers, said his client's diplomatic immunity flowed from a 1947 United Nations convention that grants the heads of certain specialized agencies diplomatic immunity, regardless of whether they acted in an official capacity when the alleged harm occurred. While the U.S. has never signed onto the convention, Mehta said it has achieved what is known as "customary international law" status, which means it must be honored even by countries that have not explicitly ratified it.

The vision thing

Criminal defense lawyers have long known that fashion choices can matter a lot for clients whose liberty is at stake. While fresh shirts, suits and ties have been staples when it comes to strategic courtroom attire, a new fashion fad is emerging among criminal defendants: large-framed, non-prescription eyeglasses. Prosecutors noticed the trend. Lawyers now show up to their trial sporting the thick-framed, hipster eyewear. Defense attorneys say the frames can bring out a Clark Kent or schoolboy look, making defendants seem less menacing. The glasses come from relatives, friends or lawyers themselves, and inmates will trade them before a hearing. The new look hasn't slipped past prosecutors, who are seizing the opportunity to expose defendants' efforts to manipulate their appearance.

  • Daily Press Review

Arrests in French shootings city
Al Jazeera, Doha, Qatar

Syria: opposition accepts Annan's plan if implemented in two days
Asharq Al-Awsat, Pan-Arab daily, London, England

Israel reverses decision denying entry to British-Palestinian humanitarian doctor
Haaretz, Liberal daily, Tel Aviv, Israel

Journalist detained by PA goes on hunger strike
JPost, Conservative, Jerusalem, Israel

Galloway takes seat from Labour
BBC News, Centrist newscaster, London, England

Sarkozy: 19 arrested in French police raids
CNN International, London, England

Couple settle with Lee over blunder
Daily Express, Conservative tabloid, London, England

Spain strike: Thousands clash with police over Spanish austerity budget
Daily Mail, Conservative daily, London, England

David Walliams brings wife to Lara Stone to Paul McCartney concert
Daily Mail, Conservative daily, London, England

Hungarian president quits over plagarism
EuroNews, International news, Ecully Cedex, France

FRANCE: France arrests suspected Islamists in dawn raids
France 24, Issy-les-Moulineaux, France

Egypt army protects business
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Afghan policeman shoots nine colleagues
Independent The, London, England

Arctic Cold War heats up
Moscow News The, Independent, Moscow, Russia

Bus driver arrested after fatal M5 crash
Telegraph The, Conservative daily, London, England

Gwyneth Paltrow reveals secret of her youthful looks: Boots No7
Telegraph The, Celebrity news, London, England

Chalerm: My bill is the solution
Bangkok Post, Independent, Bangkok, Thailand

TAIEX plummets 2.05% on capital gains tax fears
China Post, English-language daily, Taipei, Taiwan

Exorbitant Spending on Children Could Spell Their Doom
Chosun Ilbo, Conservative daily, Seoul, South Korea

N Korea test fires short-range missiles: reports
Hindustan Times, New Delhi, India

5 Tibetan protestors arrested in Delhi
India Times, Conservative daily, New Delhi, India

Seattle trainer Griffin impressed by Japanese players' work ethic
Japan Times, Independent centrist, Tokyo, Japan

What secret disqualified this beauty queen?
New Zealand Herald, Conservative daily, Auckland, New Zealand

Obama urges Congress to repeal oil industry tax breaks
People's Daily Online, English-language, Beijing, China

Qantas hikes fuel surcharges again, second time in 2 months
Straits Times, Pro-government, Singapore

Do or die for Sydney FC
Sydney Morning Herald, Centrist daily, Sydney, Australia

SKorea official says NKorea test-fired 2 short-range missiles
Taiwan News, English-language daily, Taipei, Taiwan

Local currency transactions needed among BRICS
The Economic Times, Business, Mumbai, India

Aung San Suu Kyi says Burma vote won't be fair
Canadian Broadcasting Centre, Toronto, Ontario

What are the odds? U.S. Mega Millions jackpot hits world record $540-million
Globe and Mail The, Centrist daily, Toronto, Canada

BSE Sensex Expected to Rise by 26 Percent This Year
International Business Times, Business news organization, New York, U.S

Native People in Argentina Demand a Say in Lithium Mining
IPS Latin America, International cooperative of journalists, Rome, Italy

Dow back in black as Wall Street cuts losses near quarter's end
Reuters, Business News, New York, U.S

U.S. drone strike kills 4 militants in north-western Pakistan
Reuters, World News, New York, U.S

Mali coup leaders given ultimatum
BBC News, Centrist newscaster, London, England

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