August 15, 2014 nº 1,531 - Vol. 12

"Progress in every age results only from the fact that there are some men and women who refuse to believe that what they knew to be right cannot be done."

Russel Davenport

In today's Law Firm Marketing, Delivering your marketing message may prove harder than you think

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  • Top News

EU foreign ministers raise fears over Russian convoy

European foreign ministers attending an emergency meeting in Brussels on Friday expressed concern that the convoy of Russian trucks waiting at the frontier with eastern Ukraine had been a diversion while Russian trucks and arms crossed the border elsewhere. The cargo will be inspected in the presence of representatives from the International Committee of the Red Cross. The ministers say they will discuss the alleged military incursion but do not expect to announce any extension of EU sanctions against Russia on Friday.

Russian banks lobby central bank to draft Islamic finance law

A lobby group for Russian banks has written to Moscow's central bank seeking measures to promote Islamic finance at a time when the banking sector is facing a squeeze on foreign financing due to economic sanctions imposed over the Ukraine crisis. The Association of Russian Banks (ARB) said in a letter sent to the central bank late last week that promoting Islamic finance could give a boost to the economy and draw significant investment from the Middle East and Southeast Asia, regions where Islamic finance is flourishing. Its appeal has risen as Russia's $2 trillion economy teeters on the brink of recession with several top Russian banks effectively shut out of Western capital markets due to Western sanctions over Moscow's perceived backing for a pro-Russian separatist uprising in eastern Ukraine. Central among the lobby group's concerns is the absence of Russian legislation regulating Islamic finance. This means banks are unable to offer clients certain Islamic financial instruments that comply with sharia (Islamic law), as well as a lack of Islamic banks and the expertise needed to run them.

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  • MiMIC Journal

Alibaba merger machine stumbles as movie arm's books questioned

Alibaba, after announcing an average two acquisitions a month this year, is learning the importance of doing its homework. The risks of a deal spree that expanded Alibaba's reach into areas ranging from pharmaceutical data to department stores were highlighted today, when a film producer it bought control of in June said it uncovered possible accounting flaws and won't be able to publish its interim results on time. It is awkward timing for a company that's about to parlay its success in China's e-commerce market into what could be the biggest ever US initial share sale.

Apple admits storing users' personal data in China

Apple has admitted storing users' personal data in Chinese servers, as part of a deal with China Telecom that underlines the tenuous balance foreign tech companies have to strike between commitment to customer rights and the realities of the Chinese market. Apple denied that the move compromised the safety or privacy of the users, saying the data were encrypted, in answer to questions submitted by the Financial Times about the arrangement.

Hong Kong lawyers take stand for independence from Beijing

Hong Kong's Law Society has passed an historic vote of no-confidence in its president over pro-Beijing comments, revealing a determination by the traditionally conservative lawyers to confront perceived threats from China to the legal independence in the free-wheeling, global financial hub. President Ambrose Lam has angered many of the society's 8,000 members with his support of controversial statements from Beijing that Hong Kong judges needed to be patriotic, and his open support for the Communist Party of China.

  • Law Firm Marketing

Delivering your marketing message may prove harder than you think
By Trey Ryder

Most lawyers are skilled communicators. Even so, they often have trouble explaining how they can help prospective clients. Follow these 12 steps to get your message across:

STEP #1: Start talking with your prospect at his own level. Ask your prospect what he's concerned about because that's all your prospect can relate to.

STEP #2: Identify the problem your prospect wants to solve or the goal he wants to achieve. Listen carefully so you can determine which points your prospect considers most important. Then focus your message on those subjects.

STEP #3: Confirm and reinforce the importance of your prospect's problem. Explain how serious it could become if your prospect doesn't act now.

STEP #4: In simple terms, give your prospect an overview of the solution you recommend so he understands how you will take him from where he is now to where he wants to be.

STEP #5: Keep your message simple. Every day, prospects suffer from information overload. They screen out complicated messages. A simple message is the only message that has any chance of getting through to your prospective clients.

STEP #6: When you begin your explanation, always go back to square one. When you assume your prospect knows and understands basic facts, you're almost always wrong.

STEP #7: Speak in plain English. If you must use a legal term, make sure you define it. Don't assume that your prospect understands these terms. He may have heard the words before, but he may have no idea what they mean in this context.

STEP #8: Explain each step in the process -- in order -- so your prospect knows exactly what you will do to solve his problem or achieve his goal.

STEP #9: During your explanation, answer every question your prospect might ask. When you explain all the major points in order, your message is clear and straightforward. On the other hand, if your prospect raises a number of questions later, he is asking questions outside the context of your presentation, which often results in more confusion than clarity.

STEP #10: Explain how your prospect benefits from your solution. Your prospect needs to know how the steps you plan to take will bring him the solution he wants -- and how he will benefit from that solution.

STEP #11: Talk about other clients you have helped in similar situations. The more your case histories are like your prospect's situation, the more they will motivate him to act.

STEP #12: Don't worry about repeating yourself. When prospects take in new information, they forget most of it. Your prospect needs to digest what you say -- step by step -- in plain English -- in logical order. Only then will your prospect understand how you will bring him the solution he wants.

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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

México - China

La reforma energética mexicana abre nuevas posibilidades a China, teniendo en cuenta su gran y creciente demanda de hidrocarburos y las capacidades globales de sus empresas, apuntó el embajador mexicano en China, Julián Ventura. El presidente mexicano, Enrique Peña Nieto, promulgó el 11/8 las leyes secundarias de la reforma energética, abriendo a las compañías privadas y al capital extranjero el acceso a la industria petrolera y eléctrica del país, que habían estado bajo monopolio estatal durante más de siete décadas. (Presione aquí)

Minería

Perú y la minera canadiense Bear Creek avanzan en negociaciones con las comunidades indígenas para lograr el permiso social y reactivar su mina de plata Santa Ana, y así evitar un arbitraje internacional, dijo el jueves el ministro de Energía y Minas, Eleodoro Mayorga. (Presione aquí)

Colombia x Nicaragua

Colombia presentó ante la Corte Internacional de Justicia de La Haya, una demanda de excepciones preliminares, figura que hace parte de la estrategia jurídica que ejecutará el país ante la intensión expansionista de Nicaragua. (Presione aquí)

  • Brief News

Banks watching terrorism trial in Brooklyn

Banks are watching the first civil trial against a bank under the Anti-Terrorism Act with some trepidation. Opening arguments start in the United States District Court in Brooklyn on Thursday. The lawsuit accuses Arab Bank of knowingly handling accounts and money for terrorists. Arab Bank says it checked its account holders against the appropriate lists of designated terrorists. The bank says it could not turn over important records the plaintiffs sought because of foreign-bank secrecy laws. But that is not an argument that the bank will be allowed to make to the jury. If following standard compliance procedures means a bank can still be held liable if transactions get through in error, that would set a troubling precedent, the bank contends.

What legal protections apply to e-mail stored outside the US?

A federal magistrate judge in New York recently handed down an opinion on an important and novel question: If the government serves a warrant for a customer's e-mails on a US-based Internet provider, but the e-mails happen to be located on a server outside the US, does the provider have to comply with the warrant? The magistrate judge held that the answer is "yes." The provider, Microsoft, recently filed objections to the magistrate's decision in the District Court. A slew of major Internet providers filed amicus briefs in support of Microsoft: Apple/Cisco's is here, AT&T's is here, and Verizon's is here. EFF filed a brief in support of Microsoft, too. The case is now pending.

EU to discuss arming Iraqi Kurds

EU foreign ministers are holding an emergency meeting in Brussels on Friday to discuss plans to arm Iraq's Kurds against an extremist insurgency. France and the US have already begun to supply weapons to the Kurds, whose Peshmerga fighters are trying to halt an advance by Islamic State militants. On Thursday, Iraqi Prime Minister Nouri Maliki resigned and conceded power to Haider al-Abadi, Iraq's deputy speaker. Over a million Iraqis remain displaced from their homes, the UN says. The UN has declared the situation in the country a "level three emergency", its highest level of humanitarian crisis. A UN Security Council meeting on Friday is expected to approve a resolution threatening sanctions against any country which finances or supports IS.

Ebola crisis 'vastly underestimated'

The scale of the Ebola outbreak appears to be "vastly underestimated", the UN's health agency says, as the death toll from the disease reaches 1,069. The World Health Organization (WHO) said its staff had seen evidence that the numbers of reported cases and deaths do not reflect the scale of the crisis.

'Ban-the-box' law lauded as hope for job applicants with a past

A new law is giving those with criminal histories more equality when it comes to applying for a job. Gov. Chris Christie signed the Opportunity to Compete Act into law on Monday, a bill that bars some companies from inquiring about an applicant's criminal record. The law will "give people – even who were never incarcerated but who've had an issue with the justice system at some point or another – an opportunity for a better job." Also known as "ban the box," the bill will no longer allow employers from making those applying for jobs have to check a box saying whether they have been convicted of a crime. And making someone check that box was like fast-tracking someone's application to the trash bin, supporters said.

SEC casts wide net in probe of Microcap stock

The Securities and Exchange Commission is investigating the auditor of Cynk Technology Corp., the tiny social network that soared to a $6 billion valuation last month and then came crashing back down to earth, say people close to the probe. Peter Messineo, a 53-year-old accountant from Palm Harbor, Fla., is the auditor being scrutinized. He is one of a number of "repeat players" linked to several stocks that suffered suspicious trading who are being looked at by the SEC, as it shifts its tactics in its battle against penny-stock fraud, the people said. The SEC is looking at whether some lawyers and accountants are liable for helping to enable penny-stock frauds, either by signing off on phony information or simply not asking the right questions.

PM Modi says nation shamed by rape

Narendra Modi said India had been shamed by a recent spate of rapes, as he made his first Independence Day speech as prime minister. He called on parents to take responsibility for their sons' actions, saying parents must teach their sons the difference between right and wrong. Modi also pledged bank accounts for all and toilets in every school. The capital has been under a blanket of security, with thousands of police and soldiers deployed across the city.

Berlin bans Uber app citing passenger safety

The mobile taxi app Uber has been banned in Berlin by the city's State Department of Civil and Regulatory Affairs. It is the latest setback for Uber, which has faced bans and protests in cities across Europe. The Berlin authority said passengers may not be covered by insurance because they aren't traditional cabs. Uber lets smartphone users hail cabs through its software. The company takes a cut of the fare. Uber says that the Berlin authorities seeking to limit consumer choice for all the wrong reasons. The taxi drivers say Uber drivers don't have to follow the same strict rules. Uberfication means bridging the gap between the consumer and the product. Companies that are used to standing in the gap between consumers and taxicabs can tell you something about the ramifications for their industry.

Wanted at Barneys New York: an 'anti-profiling consultant'

The New York state attorney general launched a nine-month investigation after and falsely accused of credit card fraud after shopping at Barneys' flagship store in New York City. The review concluded that the store "investigated and detained African-Americans]and Latinos for shoplifting or credit card fraud at rates far greater than their percentage of the store's customer base." Barneys has agreed to pay $525,000 in fines and costs related to the investigation. Now, the luxury retailer Barneys New York is hiring an "anti-profiling consultant" who will actually quantify these situations. The consultant will suggest changes in record-keeping of "loss prevention stops," lead employee training, and can show up at all Barneys stores unannounced to monitor staff and review complaints about racial profiling. Barneys has 30 days to hire the consultant, who must be approved by the state attorney general's office and be retained by the retailer for two years.

Arizona appeals court allows transgender man's divorce to proceed

The Arizona Court of Appeals has ruled that a transgender man, who was legally married to a woman, may pursue a divorce from his wife within the Arizona court system. Thomas Beatie was born female but underwent medical procedures to change his sex and amend his birth certificate to recognize him as male. Thomas then married Nancy Beatie and carried three children with her. The family relocated to Arizona, where Thomas sought to pursue a divorce. The family court hearing the case found that it lacked subject-matter jurisdiction, because Arizona does not recognize marriages between two people of the same gender. Since Thomas gave birth to the family's children, and Nancy was female, the court concluded that the marriage between Thomas and Nancy was a same-sex marriage. The Court of Appeals found that Arizona is obligated to recognize a marriage, lawfully entered into in another state, between two persons the foreign state formally recognized at the time of the marriage as male and female. The court concluded that since the marriage between Thomas and Nancy was one that Arizona could recognize, the lower court was incorrect to dismiss the divorce case.

A remote rebellion against the gadgets that control us

Daimler has given frazzled employees the opportunity to delete automatically all emails received while they are on holiday. The carmaker's move underlines what everyone already knows: personal technology can abrade the self. Finding several thousand unread messages makes one's first day back at work peculiarly horrible. This is not the fault of device makers, social networks or mobile data operators. It is a consequence of our determination, fed by professional and personal paranoia, to use all their products and services at once. The malady's symptoms are a fractured attention span, insomnia triggered by exposure to blue light and an ever wider, shallower friendship group.

Resistance mounts to Brazilian railway deal

The bid to create Latin America’s largest railway and logistics company is attracting condemnation from downstream rivals and industry associations that believe the deal may give the new company disproportionate market power.

Five Muslim men sue US officials over terrorism watch list

Five men identifying themselves as Muslims sued US Attorney General Eric Holder, FBI Director James Comey and other US officials claiming they've been added to a burgeoning federal "watch list" of potential terrorists without notice or recourse, violating their constitutional rights. The men -- four of whom say they are US citizens, the fifth a permanent legal resident -- seek a court order removing them from any database impairing their ability to travel in and out of the country and the creation of a legal process that gives people added to the list notice and means of challenging that designation, according to the complaint filed today in federal court in Detroit.

  • Daily Press Review

Imran Khan convoy shot at in Pakistan
Al Jazeera, Doha, Qatar

Russia lets Ukraine inspect aid convoy to rebel-held east
Haaretz, Liberal daily, Tel Aviv, Israel

New York Governor Cuomo leads solidarity mission to Israel
JPost, Conservative, Jerusalem, Israel

EU to discuss arming Iraqi Kurds
BBC News, Centrist newscaster, London, England

Israel accepts cease-fire extension
CNN International, London, England

Made In Chelsea's Lucy Watson arrives at Marc Jacobs party in mini dress
Daily Mail, Conservative daily, London, England

International drug smuggler dubbed 'The Chairman' who hid cocaine worth more than GBP 400,000 in children's books and coffee machines jailed for more than seven years
Daily Mail, Conservative daily, London, England

Canary Islands incensed after Spain approves oil exploration
EuroNews, International news, Ecully Cedex, France

Russian military vehicles amass near aid convoy on Ukraine border
France 24, Issy-les-Moulineaux, France

US clears air missiles sales to Turkish army
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Iraq crisis: Britain is prepared to arm Kurdish fighters to push back 'terrible threat' of Isis, Foreign Secretary says
Independent The, London, England

Major Ukrainian TV provider drops Russian channels
Moscow News The, Independent, Moscow, Russia

Ferguson shooting: police fire rubber bullets at protesters
Telegraph The, Conservative daily, London, England

New York welcomes Doctor Who's Peter Capaldi, the 'Italian Doctor'
Telegraph The, Celebrity news, London, England

Ebola epidemic 'vastly' underestimated: WHO
China Post, English-language daily, Taipei, Taiwan

Robin Williams Suffered from Early Parkinson's at Death
Chosun Ilbo, Conservative daily, Seoul, South Korea

US Turmoil tear gas give way to hope in Ferguson
Hindustan Times, New Delhi, India

CBFC chief booked, 2 held for demanding Rs 70K to release film
India Times, Conservative daily, New Delhi, India

Floods in Niger kill 12, leave thousands hungry
New Zealand Herald, Conservative daily, Auckland, New Zealand

Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore

'He went out to play, came back in pieces'
Sydney Morning Herald, Centrist daily, Sydney, Australia

Start of Spain's 2nd division season on hold
Taiwan News, English-language daily, Taipei, Taiwan

Foreign jobs that ease Nepal's poverty a bane for its economy?
The Economic Times, Business, Mumbai, India

Michael Brown shooting: Turmoil, tear gas give way to hope in Ferguson
Canadian Broadcasting Centre, Toronto, Ontario

Amish sisters home safely after apparent abduction
Globe and Mail The, Centrist daily, Toronto, Canada

Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S

Mining Firms in Peru Mount Legal Offensive Against Inspection Tax
IPS Latin America, International cooperative of journalists, Rome, Italy

Corporate founders battle boards to overturn forced exits
Reuters, Business News, New York, U.S

Top Iraqi cleric backs new premier, calls for unity
Reuters, World News, New York, U.S

Woman urges TTC to remove ads for psych ward escape game
Toronto Star, Toronto, Ontario

Ebola crisis 'vastly underestimated'
BBC News, Centrist newscaster, London, England

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