"Arguments are to be avoided; they are always vulgar and often convincing."

Oscar Wilde

In today's Law Firm Marketing, How to match your marketing with what your prospects want.

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• Top News

EU court rejects MasterCard challenge over fees

The European General Court, the EU's second highest court on Thursday rejected a challenge by MasterCard over its cross-border credit card fees. The court upheld a decision by the European Commission that the fees violate EU antitrust rules. The commission welcomed the ruling, but MasterCard expressed disappointment: "MasterCard balances the interests of both consumers and retailers, so that each party pays its fair share of the costs for the benefits it receives. Today's ruling, if it stands, would upset that sharing and tip the balance decidedly against consumers. It would also threaten the continued delivery of the most advanced electronic payment technologies in Europe which, in turn, are essential to facilitating business and driving economic growth." MasterCard plans to appeal the ruling.

Court rules on legal definition of piracy

The US Court of Appeals for the Fourth Circuit ruled Wednesday that the legal definition of maritime piracy includes an armed attack to hijack a ship, even if the attempt is unsuccessful. In one case, the court upheld the convictions and life sentences of five Somali pirates who attacked the USS Nicholas in April 2010. The appeals court rejected their contention that the definition of piracy as defined by the law of nations under 18 USC § 1651 does not include violence or aggression committed on the high seas. In a second case, the court overturned a lower court decision to dismiss piracy charges against five Somali men accused of involvement in the April attack on the USS Ashland in the Gulf of Aden. The appeals court remanded the case to the US District Court for the Eastern District of Virginia. A number of countries around the world have been making attempts to solve the problem of maritime piracy.

Despite doubts, Lehman charges still possible

Federal authorities are still weighing a potential enforcement action against Lehman Brothers, even as some investigators question whether they can mount a case against former executives of the bankrupt firm. In the aftermath of Lehman's blow-up in September 2008, the Securities and Exchange Commission opened an enforcement investigation. Regulators are thought to have examined whether, as some securities experts have suggested, the Wall Street firm and its top executives violated accounting and public disclosure rules. Nearly four years later, new questions have arisen about whether the S.E.C.'s enforcement division will recommend charges in the case. The suggestion that the high-profile case could end in a whimper came from a memo that was drafted by the agency's enforcement staff members. The undated memo said: "The staff has concluded its investigation and determined that charges will likely not be recommended."

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• Crumbs

1 - Apple: U.S. e-book lawsuit 'fundamentally flawed' - click here.

2 - Google did not infringe Oracle patents - jury - click here.

3 - Anonymous claims release of hacked Justice Department data - click here.

4 - The Facebook I.P.O.'s potential legal exposure - click here.

5 - New York man dressed as dead mom to collect social security, keep house - click here.

6 - Facebook to settle privacy lawsuit over ads - click here.

7 - No benefits for twins conceived after father's death - click here.

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• MiMIC Journal

Alibaba.com shareholders approve buyout plan

Shareholders of Alibaba.com have agreed to the company's plan to buy back shares in a bid to take the firm private. Parent firm Alibaba Group said it will pay about $2.5bn to complete the buyback, which is expected to be finalized next month. Investors are being offered HK$13.50 per share, the same price as the its initial public offering in 2007. Alibaba.com is one of China's biggest e-commerce websites. The portal connects small manufacturers with buyers around the world.

China arrests suspects as ID theft crackdown continues

Beijing authorities have arrested 160 individuals on charges of stealing personal information, according to the Chinese news site Sina. Police have also shut down 13 online platforms that were alleged to have traded in stolen personal information. It follows the arrest of 1,700 suspects in China on similar charges last month. The raids are part of an ongoing crackdown on online identity theft in the country.

HRW: China para-police abuse power, overstep authority

China's chengguan, a para-police organization charged with enforcing non-criminal administrative regulations, is abusing its power, Human Rights Watch reported Wednesday. The report indicated that although the chengguan are not authorized to arrest citizens or use excessive force, they frequently do both. In addition, HRW reported citizens have had their property illegally confiscated by the officers and journalists have been subject to violence and illegal arrest for reporting chengguan abuses. HRW called on the Chinese government to take action to end the abuse.

• Law Firm Marketing

How to match your marketing with what your prospects want

by Tom Trush

Here's a quick tip for the next time you need to create copy that connects with your prospects and makes them eager for what you offer ...

This piece in the persuasion process is one you can't overlook because it helps prove to prospects you understand their situation. As a result, you get viewed more as a helpful friend than a sly salesman.

So here's the tip ...

Before you begin writing, you need a clear understanding of your prospects' thoughts. Or, as renowned copywriter Robert Collier stated in The Robert Collier Letter Book, you must "enter the conversation that's already going on in your prospect's mind."

You see, once you understand your prospects' frustrations, beliefs and desires, your copy can explain how your offering bridges the gap between where they are today and where they want to be.

Make sense?

Now, before we go any further, let's get clear about something else.

Your prospects' primary concern is not your goals, your mission or your company's history. They also have little concern with what you want to sell them.

What your prospects want to know is how you can help them solve their problem(s). Fortunately for you, these issues are often at the forefront of their thought process.

One way to match your marketing with what's in your prospects' minds is to simply survey them. If you're actively building a prospect list using your website and other marketing mediums (which you should), then ask your subscribers about their most pressing issues related to your product or service. If you have a targeted list, you'll find several shared frustrations.

Another mind-matching marketing technique is to tap into current events. For example, as I write this article, news about the tornado that ripped through Joplin, Missouri, dominates most media. Is there a way you can apply this tragedy to your marketing?

Or, is there an upcoming holiday you can work into your next promotion? What about a celebrity making news?

And, finally, your website analytics act in a similar manner to a survey when determining what your prospects want. If your website delivers value to visitors through frequently updated, educational content, begin monitoring the keywords and phrases visitors use to land on your pages. Before long, you'll notice trends you can use to create more content and solutions for your prospects.

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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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Facebook and banks behind flotation face lawsuit

Facebook, its founder Mark Zuckerberg and the banks leading its flotation are being sued by disgruntled shareholders. A writ, filed in a Manhattan court, alleges that Facebook's revised growth figures were not disclosed to all investors. US financial regulators have already said Morgan Stanley may have questions to answer over the disclosure of information ahead of Friday's float. The lead underwriter to Facebook said it had fully complied with the rules. The lawsuit claims that defendants concealed from investors during the flotation marketing process "a severe and pronounced reduction" in revenue growth forecasts. Meanwhile, the Reuters and AP news agencies reported that the Senate banking committee may look into the matter, but was still considering its options. These latest developments continue to cast a cloud over one of the most anticipated stock market listings of recent times.

The advantages of arbitration

The Supreme Court's decision in AT&T Mobility v. Concepcion, handed down a year ago, was greeted as a "game-changer" that could "end class-action litigation in America as we know it." Although class actions remain alive, the Supreme Court's ruling is transforming the way disputes are resolved throughout the country. Companies increasingly are turning to arbitration – in their customer agreements, supplier agreements and employment agreements. Some are even considering inclusion of arbitration agreements in their securities offerings. Before the Concepcion case, complaints about the cost and inefficiency of the United States litigation system were widespread, but relatively few companies embraced arbitration. They feared courts would find arbitration remedies to be an addition to, rather than a replacement for, class actions. The decision in the Concepcion case changed all that. Although the dust has not completely settled, companies can be much more confident that a fair arbitration system will substitute for judicial litigation, and not open the door to both litigation and arbitration. The Supreme Court ruled that an arbitration contract could not be invalidated just because it included a provision prohibiting class actions. Businesses virtually always include such provisions because arbitration is by nature a remedy for a particular individual's claims. And companies that provide arbitration procedures – as a result surrendering many defenses available in court – do not want to have to handle judicial class actions, too. (The Supreme Court's decision permits invalidation of arbitration agreements on other grounds, including if the arbitration provision is hidden from the customer, designates a biased decision maker or requires arbitration in an inconvenient location.) Plaintiffs' lawyers were apoplectic and sought to narrow the legal effect of the court's decision, while at the same time mounting a policy assault on the "pro-business court," accusing it of preventing consumers and others from getting a fair decision on their claims.

Russia lawmakers approve stiff new penalties for illegal protests

The Russian State Duma, the lower house of parliament, gave preliminary approval Tuesday to legislation that would create harsh penalties for participating in illegal protests. The bill, supported by Russian President Vladimir Putin, would impose fines up to USD $50,000 for organizers of demonstrations that become violent or exceed the approved number of participants. Critics have called the bill "draconian" and worry that it will stifle freedom of expression. The bill was approved by a vote of 236-207 on the first reading and must still receive final approval next month.

US cuts Pakistan aid over jailing

A US Senate panel says it is cutting $33m in aid to Pakistan after the jailing of a Pakistani doctor who helped the CIA find Osama Bin Laden.

Huawei seeks EU help on InterDigital patent fee dispute

China's Huawei has filed a competition complaint against US firm InterDigital with European Union regulators. Telecoms equipment maker Huawei accuses InterDigital of "abusing" its position and demanding "exploitative" fees to use its patented technology, said to be essential to 3G in mobile devices. It added that such moves were against the EU rules, which require holders to license their patents fairly. InterDigital said it was "committed" to those rules.

No EU trademark for chocolate rabbit, says court

A Swiss-made chocolate bunny, wrapped in gold foil and with a red ribbon around its neck, cannot be registered as a trademark, the EU court has ruled. Lindt and Spruengli have made the rabbit since 1952 and applied for an EU trademark in 2004. But other firms make Easter chocolate bunnies too and an Austrian company has even wrapped them in gold foil. Now the European Court has confirmed an earlier ruling that Lindt's rabbit is devoid of any distinctive character.

Papua New Guinea top judge arrested for sedition

Police in Papua New Guinea on Thursday stormed the country's supreme court and arrested the chief justice on charges of sedition. Chief Justice Salamo Injia was arrested after the court ruled for the second time that former prime minister Michael Somare should be reinstated. There has been a struggle for power since last August when Prime Minister Peter O'Neill took office after Somare was ruled ineligible because of an extended absence due to illness. The Supreme Court ruled in December that Somare should be reinstated and ruled again this week that Somare should serve as caretaker prime minister during upcoming elections. O'Neill has refused to accept the court's rulings, creating a standoff with the judiciary. Injia was released on bail Thursday and is due to appear in court Friday.

ACLU sues DOJ over surveillance information

The ACLU - American Civil Liberties Union filed a FOIA - Freedom of Information Act lawsuit against the US DOJ - Department of Justice Wednesday seeking information on the use of electronic surveillance tools. At issue are tools called pen registers and trap and trace devices which allow law enforcement to monitor phone calls, emails and websites visited under the Pen Register Act. The attorney general is required to report annually to Congress about its use of these surveillance tools, but the ACLU claims that these reports are incomplete because they don't include law enforcement agencies within the DOJ.

Tunisia prosecutor seeks death penalty for ousted president

A Tunisian military prosecutor called Wednesday for the death penalty in the trial of former Tunisian president Zine al-Abidine Ben Ali. Currently exiled to Saudi Arabia, Ben Ali is being tried in absentia in a military court for ordering the shooting deaths of dozens of civilian protesters during last year's Tunisian revolution. It is the first time the death penalty has been sought against the former dictator, who is being tried only for "complicity in voluntary homicide" rather than direct involvement, and has been already sentenced to more than 66 years in prison on other charges ranging from embezzlement to drug trafficking.

Russian spam mastermind jailed for creating botnet

A cybercrime mastermind who hijacked the PCs of more than 30 million people has been jailed for four years. Russian hi-tech criminal Georgiy Avanesov was found guilty of computer sabotage by an Armenian court. He was tried and sentenced in Armenia, as he was arrested at the country's Yerevan airport in 2010. The authorities closed in on Avanesov after they took and dismantled the network of computers he controlled.

Catholic dioceses sue US government over employer insurance requirements

More than 40 Catholic dioceses and other Catholic institutions around the US filed suits on Monday against the Obama administration, alleging that certain employer insurance requirements issued by the US Department of HHS - Health and Human Services violate their right to religious freedom protected by the first amendment. The mandate in question was added to the PPACA - Patient Protection and Affordable Healthcare Act and requires nearly all health insurance plans to cover all FDA-approved drugs, including contraception, sterilization and Plan-B-type drugs, with a narrow exception for some religious institutions. The exception only applies to organizations whose mission is strictly religious in nature and thus will not exempt Catholic schools, hospitals or universities.

Cookie law: websites must seek consent from this weekend

Friday marks the last working day for UK businesses to prepare their websites for a new law governing the use of cookies. From Sunday, sites must obtain "informed consent" from visitors before saving cookies on a machine. Cookies are pieces of personal data stored when users browse the web, sometimes to power advertising. The ICO - Information Commissioners Office is to launch a tool for the public to report non-compliant sites. The owners of non-compliant websites face fines of up to £500,000, but the ICO has played down the threat of such serious action, sating it would take a soft approach to enforcement.

• Daily Press Review

Counting under way in Egypt election
Al Jazeera, Doha, Qatar

Freed Islamist says Lebanon can't snub Sunnis over Syria
Asharq Al-Awsat, Pan-Arab daily, London, England

Iran rejects West's proposal on nuclear curbs
Egyptian Gazette, English-language, Cairo, Egypt

Champion swimmer Kopelev wins historic gold for Israel
Haaretz, Liberal daily, Tel Aviv, Israel

Brotherhood, Mubarak's last PM set for Egypt run-off
JPost, Conservative, Jerusalem, Israel

Scottish 'Yes' campaign to launch
BBC News, Centrist newscaster, London, England

Chen describes beatings, dramatic escape
CNN International, London, England

Lady Gaga 'will not tone down show'
Daily Express, Conservative tabloid, London, England

A victory for press freedom: Judge rules Chris Huhne's lover only has herself to blame for reports about her bisexuality and affair with minister
Daily Mail, Conservative daily, London, England

BAZ BAMIGBOYE: What a relief, Nicole Kidman's controversial new film The Paperboy is good!
Daily Mail, Conservative daily, London, England

Head of Vatican bank sacked
EuroNews, International news, Ecully Cedex, France

Afghanistan: French president makes surprise visit to Afghanistan
France 24, Issy-les-Moulineaux, France

US starts hacking game with Yemen's al-Qaeda
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Vatican bank president in laundering probe is sacked
Independent The, London, England

Kudrin issues stark warning
Moscow News The, Independent, Moscow, Russia

Greece on brink of collapse
Telegraph The, Conservative daily, London, England

Are Andrew 'Freddie' Flintoff and Lawrence Dallaglio riding in different directions?
Telegraph The, Celebrity news, London, England

Policeman slain in Narathiwat
Bangkok Post, Independent, Bangkok, Thailand

'Raincoat robber' suspect nabbed at Taoyuan airport
China Post, English-language daily, Taipei, Taiwan

Hanwha Wins $8 Billion Housing Contract in Iraq
Chosun Ilbo, Conservative daily, Seoul, South Korea

Egypt counts votes, Brotherhood says ahead
Hindustan Times, New Delhi, India

More Mumbaikars shun vehicles, take to trains
India Times, Conservative daily, New Delhi, India

Lucroy, Brewers pile more misery on Zito
Japan Times, Independent centrist, Tokyo, Japan

Hundreds continuing Everest climb despite deaths
New Zealand Herald, Conservative daily, Auckland, New Zealand

Pakistani girls have classes in makeshift school in Jalozai Camp
People's Daily Online, English-language, Beijing, China

UAE women battle against skimpy dressing
Straits Times, Pro-government, Singapore

Changing lives in minutes
Sydney Morning Herald, Centrist daily, Sydney, Australia

U.N. panel claims evidence of illegal killings by Syria regime
Taiwan News, English-language daily, Taipei, Taiwan

Asia private equity funds line up dollars for Myanmar
The Economic Times, Business, Mumbai, India

Suspect arrested in decades old N.Y. missing boy case
Canadian Broadcasting Centre, Toronto, Ontario

French president makes surprise visit to Afghanistan
Globe and Mail The, Centrist daily, Toronto, Canada

Goldman Sachs Shareholders Approve Executive Pay Plans, Turns to Twitter to Improve Image
International Business Times, Business news organization, New York, U.S

Student Protests Energise Mexico's Election Campaign
IPS Latin America, International cooperative of journalists, Rome, Italy

Tech pressures Nasdaq in volatile trading
Reuters, Business News, New York, U.S

New Zealand jails ship's officers for reef wreck
Reuters, World News, New York, U.S

DiManno: What injustice has turned Montreal into a city under siege?
Toronto Star, Toronto, Ontario

Counting begins after Egypt vote
BBC News, Centrist newscaster, London, England

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