March 13, 2015 nº 1,604 - Vol. 11

"Remember one thing about democracy. We can have anything we want and at the same time, we always end up with exactly what we deserve."

Edward Albee

In today's Law Firm Marketing, How to avoid sounding like just another salesperson

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  • Top News

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, AT&T Verizon's. EFF filed a brief in support of Microsoft, too. The Stored Communications Act just wasn't drafted with the problem of territoriality in mind. It assumed a US Internet with US servers and US users. However the Microsoft challenges goes, Congress needs to amend the statute to deal expressly with the complex problems raised by the global Internet. Microsoft can’t challenge the warrant on Fourth Amendment grounds, and it's a close call on whether the warrant is valid on statutory grounds. If Microsoft wins, though, the DOJ may be able to get foreign e-mails with a US subpoena, which wouldn't be much of a victory for privacy or sovereignty.

Utah passes white-collar felon registry

The Utah Legislature has approved legislation to build the nation's first white-collar offender registry, affixing a scarlet letter of sorts on the state's financial felons. With just a point and a click, you can browse a face book of felons, a new government website that will warn of the danger these criminals pose to society. Only these are not the faces of sex offenders and serial killers. These criminals are mortgage schemers and inside traders, most likely armed with nothing more than an M.B.A. or a law degree. While some Utah lawmakers fear that the registry is overkill, the idea does tap into a vein of populist outrage over financial misdeeds. As much as sex offender registries spread state by state, so too could a white-collar crime registry find favor across the nation, say its supporters. In other words, being a white-collar criminal is no longer the trip to "Club Fed" it once was.

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  • Crumbs

1 - Ireland has mistakenly legalised ecstasy and ketamine for one day - click here.

2 - Pharrell Williams and Robin Thicke to pay $7.4m to Marvin Gaye's family over Blurred Lines - click here.

3 - German court fines relatives for abducting gay Muslim - click here.

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  • MiMIC Journal

China warns on wrongful convictions

China's courts must learn from wrongful convictions, the nation's top judge says, after a high-profile case in which an innocent teenager was executed. In a report to the annual parliament session, Supreme People's Court Chief Justice Zhou Qiang said processes for correcting mistakes were needed.

Cheap 'Apple Watch' copies on sale

Smartwatches that mirror the Apple Watch's design and graphics are being sold via a site run by China's Alibaba.

The contradiction at the heart of China's new growth target

Beijing remains confident that the world's biggest economy will continue to enjoy healthy rates of expansion. The truth is that outcomes will more likely be determined by an important contradiction in economic development strategy than any official pronouncements. Rising debt levels threaten both financial and economic stability.

  • Law Firm Marketing

How to avoid sounding like just another salesperson
By Linda Julian

Great professionals still need to sell their services, but should never fall into the trap of sounding like just another salesperson. Selling professional services is substantially an education process rather than a process of desire creation, domination and control leading to "order taking" in the classic sales training mould.

Avoid these tactics if you don't want to sound like just another salesperson and be relegated to their status.

Don't make phone cold calls unless you want to be pigeonholed as one more of many annoying telemarketers. Warm calls work best and frames you as an expert and high-value professional.

Don't make en masse sales calls. Intimate business development meetings work much better.

Don't get down to business ahead of developing rapport. Time-poor prospective clients will prefer that you establish common ground around the subject of the meeting, however it's a mistake to leap into selling your services too quickly.

Don't start selling your services before you understand. You can't even know what and how to sell before you know what the prospective client needs (and possibly wants) to buy.

Don't merely ask questions. Yes, gently probe out for information you want but earn the right to ask questions. Share useful information and participate actively and equally in a conversation with your prospective The best professionals exchange knowledge, insights, and suggestions with their prospective clients in the process of converting them to clients.

Don't be coy about information and ideas. Withholding preliminary information and answers until after they've signed up will remind your prospective client of every snake oil salesperson they've ever met. Besides, with so much out there on the web for free, why would a prospective client think it's right that you to hold back ? Be generous with samples of the benefits and expertise they'll receive as your client.

Don't wrest control from your prospective client. Respect that it is their decision to engage you, and keep them comfortable throughout the process of establishing a professional service relationship with you.

Don't take the next step without your prospective client's invitation or permission. You may need to elicit an invitation with "would it be helpful to you if I ... " or permission with "how does it sound to you if we do this next ... ".

Don't be cute about cost. Respect that your prospective client cares about their money and may have other competing priorities. Initially, it's often best to estimate a typical cost range or an indicative price to complete the first phase. If you avoid the issue of price, you'll signal danger.

Don't harass prospective clients. You won't badger them into buying your services -- it will just drive them away. Make calls armed with something to give rather than just "gimme gimme" messages. Yes, follow-up but never make yourself an annoyance.

Don't trigger defences of prospective clients which will make them want to keep you at a distance. Trust is key.

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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

Cuba - EE.UU.

Llamar a Cuba desde Estados Unidos ya es más fácil y, en el futuro, debería empezar a ser también más barato. La empresa estatal cubana de telecomunicaciones, Etecsa, y una compañía estadounidense, IDT, han confirmado la puesta en marcha de una conexión directa entre los dos países. (Presione aquí)

Acuerdo

Venezuela y Vietnam firmaron dos acuerdos en materia petrolera, con el propósito de aumentar la producción de crudo en la Faja Petrolífera del Orinoco. Ambos países mantienen desde 2010 un contrato de explotación de crudo pesado en el Bloque Junín 2 de la Faja Petrolífera del Orinoco, mediante la empresa mixta Petromacareo.

Vuelos

Southwest Airlines recibió aprobación de Estados Unidos para comenzar a volar de Houston a la Ciudad de México y San José del Cabo. La aerolínea con sede en Dallas, Texas, planea comenzar a operar vuelos en esa ruta a partir de octubre desde una nueva terminal internacional que se construye en el Aeropuerto Hobby de Houston. El número de vuelos entre Estados Unidos y México está limitado por un tratado. El Departamento de Transporte de Estados Unidos indicó que ambos países acordaron permitir que más aerolíneas vuelen a través de la frontera.

Joint venture

La aseguradora brasileña SulAmérica Servicios de Salud acuerdo con la multinacional estadounidense Healthways crear una "joint venture" para crecer en el mercado local. (Presione aquí)

Frigos

La procesadora de alimentos brasileña JBS SA planea enfocarse en Australia, en sus operaciones de carne de cerdo en Estados Unidos y en su división de alimentos procesados en el marco de una estrategia para el 2015 basada en la "expansión orgánica" en vez de adquisiciones. Para este año, la empresa necesitará una inversión de capital de entre US$ 806 y 967 mlls. para respaldar la estrategia, afirmó el presidente ejecutivo de JBS, Wesley Batista.

  • Brief News
Why lawyers object to making legal briefs briefer

They say lawyers are the only people who can write a 50-page document and call it a brief. But that's no longer a laughing matter. Lawyers who argue cases before the nation's most influential courts are protesting a plan by the federal judiciary to shrink the size of briefs filed in appellate litigation. The proposal would pare back the word-count limit from 14,000 to a svelte 12,500. The idea has gotten a thumbs-down verdict from some lawyers who see it as a misguided attempt to curb their freedom of lengthy speech. But it won cheers from dozens of bleary-eyed appellate judges. Pages and pages of irrelevant facts and marginal arguments get you numb. But, for many attorneys, however, it is a frustrating struggle between concision and caution. Those objecting to the plan say they need more space to articulate their most compelling arguments, along with all their other ones.

UK seeks membership of China-backed Asia bank

Britain says it wants to become a "prospective founding member" of a new China-backed bank that could rival the likes of the World Bank. The UK would be the first big Western economy to apply to become a prospective member of the institution. Launched in Beijing last year, it is called the Asian Infrastructure Investment Bank (AIIB). Its aim is to lend money to regional infrastructure projects; however, it has raised concerns in the US. There are worries around the new institution's ability to meet the level of transparency and governance that other multilateral institutions, such as the World Bank and the Asian Development Bank (ADB), need to reach.

Haiti sets date for delayed polls

Haiti sets dates for delayed legislative and municipal elections, the cause of months of protest in the country. Elections for two-thirds of the senate and the chamber of deputies will be on 9 August, with the presidential and municipal vote following on 25 October, Haiti's electoral council said. President Michel Martelly is barred from running again by the constitution. The opposition has accused him of abusing his powers in order to rule by presidential decree.

Germany court orders measles sceptic to pay 100,000 euros

A German biologist who offered €100,000 ($106,300) to anyone who could prove that measles is a virus has been ordered by a court to pay up. Stefan Lanka, who believes the illness is psychosomatic, made the pledge four years ago on his website. The reward was later claimed by German doctor David Barden, who gathered evidence from various medical studies. Lanka dismissed the findings. But the court in the town of Ravensburg ruled that the proof was sufficient.

Commerzbank to pay $1.45bn for US banking violations

Germany's second-largest bank, Commerzbank, has agreed to pay a total of $1.45bn to US authorities for violating economic sanctions against businesses in Iran and Sudan. The penalty also includes charges relating to money laundering carried out on behalf of Japanese firm Olympus. Regulators said Commerzbank had "turned a blind eye" to illegal practices.

Iceland drops EU membership bid

The government of Iceland announces that it is no longer seeking EU membership for the sparsely populated country in the North Atlantic. Iceland gave no reason for dropping its bid to join the 28-member bloc. But after winning the 2013 elections two Eurosceptic parties said the nation already enjoyed most full membership benefits through deals with the EU. The island nation has free trade arrangements with the bloc and is part of the Schengen visa-free travel zone.

Yoplait exposes French yogurt cartel

French authorities fine 11 of the country's top yogurt makers for engaging in a price-fixing cartel, which was revealed by Yoplait. Eleven firms - representing 90% of France's yogurt makers - were involved in setting the price of supermarket own-brand yoghurt and dairy products. The collusion was first reported by Yoplait, which received no fines in return for exposing the cartel. The cartel was identified under a scheme that reduces or waives fines for whistleblowers. According to the complaint, yoghurt executives used dedicated secret mobile phones to come together for clandestine meetings at hotels, each time varying the meeting places for the sake of discretion.

Powdered alcohol faces hurdles after regulatory approval

The Alcohol and Tobacco Tax and Trade Bureau approved Palcohol this week. But Sen. Charles Schumer, D-N.Y., says he is introducing legislation to make its production, sale and possession illegal. "I am in total disbelief that our federal government has approved such an obviously dangerous product, and so, Congress must take matters into its own hands and make powdered alcohol illegal," he said. Underage alcohol abuse is a growing epidemic with tragic consequences and powdered alcohol could exacerbate this."

FCC publishes full text of net neutrality rules

Two weeks after it voted to approve rules on net neutrality, the Federal Communications Commission has released the full text of the Open Internet Order. FCC Chairman Tom Wheeler calls it "a shining example of American democracy at work." Wheeler also listed what he calls "bright-line rules" in the order. From his summary: (1) Ban Paid Prioritization: "Fast lanes" will not divide the Internet into "haves" and "have nots." (2) Ban Blocking: Consumers must get what they pay for — unfettered access to any lawful content on the Internet. (3) Ban Throttling: Degrading access to legal content and services can have the same effect as blocking and will not be permitted. The new FCC rules apply "to both fixed and mobile broadband Internet access service."

Why the GOP Iran letter is spurring debate over an 18th century law

It may have been politically rude, but was the open letter 47 Republican senators sent to Iran this week illegal? As of Wednesday afternoon, more than 160,000 people had signed a petition asking the Obama administration to pursue federal charges against the senators, accusing them of violating an 18th century law. The petition states: "Forty-seven United States Senators committed a treasonous offense when they decided to violate the Logan Act, a 1799 law which forbids unauthorized citizens from negotiating with foreign governments." It concludes: "This is a clear violation of federal law. In attempting to undermine our own nation, these 47 senators have committed treason." Experts and historical context, however, suggest that legal consequences are unlikely.

Dutch court strikes down data retention law

The District Court of The Hague on Wednesday struck down a Dutch data retention law, holding that it violates privacy rights of EU citizens. The law, enacted in 2009, allowed the Dutch government to retain telephone and Internet data of citizens for up to 12 months for the alleged purpose of fighting terrorism and organized crime. The court found that the law violated Articles 7 and 8 of the Charter of Fundamental Rights of the EU, as the law did not subject data access to review by a court or administrative agency. As a result of the ruling, the law will remain inactive indefinitely pending a potential appeal by the Dutch state.

Mumbai beef ban sat for decades until vegetarian Modi acted

Residents of India's financial capital could be forgiven for wondering how they suddenly face five years in prison for eating beef. The bill, first passed in 1996, collected dust through five prime ministers. It only became law when Narendra Modi's government, dominated by Hindu conservatives, asked the president to sign it in February -- four months after his party took power in Maharashtra, the state encompassing Mumbai. The beef ban was among about 80 bills passed by India's state governments that are awaiting presidential endorsement. Others include moves to ban camel slaughter in Rajasthan, upgrade a Hindu temple in Haryana and exempt bullfighting from a measure to prevent animal cruelty in Goa. The long road to criminalize beef shows how India's system of federalism has restrained the country's 29 states from implementing laws that inflame religious tensions.

Judge refuses to lift injunction on Argentine bond payments

The decision is a defeat for Citigroup and Argentina in a long-running legal dispute with a group of hedge funds.

German startup campaigns for personal data API law

German startup Protonet, which last year raised just over $4 million via Seedmatch for its secure server product for SMEs has cooked up a new initiative using some of that funding, and this time it's a not-for-profit campaign lobbying for a change in European law to open up individual access to personal data held by digital platforms and service providers. What would this law entail exactly? The campaign is basically calling for an API for users to have real-time access to their personal data — once a company has more than 1 million recurring users — which would mean updating existing laws that provide individuals with a legal route to extract personal data from companies. Albeit one that typically takes a lot of time and effort, and likely results in a paper-based data dump of dubious value. What if, instead of that tedious and/or tortuous process, web users could gain real-time access to their personal data in a machine readable format as a matter of course? That's the change the Free Your Data campaign wants to see.

  • Daily Press Review

UN chief: Syrians feel 'increasingly abandoned'
Al Jazeera, Doha, Qatar

Israel election updates / Economist urges Israelis to vote Netanyahu out of office
Haaretz, Liberal daily, Tel Aviv, Israel

Afghan president salutes UK war dead
BBC News, Centrist newscaster, London, England

4 scandals in 3 years
CNN International, London, England

BAZ BAMIGBOYE: Now Queen Helen is putting Blair in the hot seat
Daily Mail, Conservative daily, London, England

Nick Clegg's Lib Dem leadership rival gives his party a score out of 2/10
Daily Mail, Conservative daily, London, England

Iceland drops EU membership bid
EuroNews, International news, Ecully Cedex, France

IS group accepts allegiance pledge made by Nigeria's Boko Haram
France 24, Issy-les-Moulineaux, France

Turkey to decommission RF-4E fighter jets after crashes
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Senior al-Shabab member Adan Garar killed by drone strike in Somalia, claims Kenyan official
Independent The, London, England

TV star sacked for saying Michelle Obama looked like Planet of the Apes character
Telegraph The, Conservative daily, London, England

Goodbye and 'HELLO...' to a very fine writer
Telegraph The, Celebrity news, London, England

CPC among 44 fined for labor law violations
China Post, English-language daily, Taipei, Taiwan

Gangnam Hotels Boom Thanks to EXO Extravaganza
Chosun Ilbo, Conservative daily, Seoul, South Korea

Obama condemnns attack on officers as police hunt for suspects
Hindustan Times, New Delhi, India

Delhi's Connaught Place 5th most expensive office location in world: Survey
India Times, Conservative daily, New Delhi, India

Government resumes drilling survey for Futenma replacement base in Okinawa
Japan Times, Independent centrist, Tokyo, Japan

Death toll hits 7 in collapse of Bangladesh cement factory
New Zealand Herald, Conservative daily, Auckland, New Zealand

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

New WNBL side as elite basketball returns to South East Queensland
Sydney Morning Herald, Centrist daily, Sydney, Australia

Japan Analytical & Scientific Instruments Show 2015 (JASIS 2015) Calls for International Exhibitors
Taiwan News, English-language daily, Taipei, Taiwan

Zaki-ur-Rehman Lakhvi's detention declared void by Islamabad High Court
The Economic Times, Business, Mumbai, India

Canada's oilpatch makes the pitch to Wall Street
Canadian Broadcasting Centre, Toronto, Ontario

Obama says he doesn't text, tweet, or have a smartphone that records
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

The Dilemma of Soy in Argentina
IPS Latin America, International cooperative of journalists, Rome, Italy

Giant Japanese oven gives Boeing room to ramp up 787 output
Reuters, Business News, New York, U.S

North Korea test-fires seven surface-to-air missiles - South Korea
Reuters, World News, New York, U.S

'This is all a bad dream': Chiheb Esseghaier's family watches trial from Tunisia
Toronto Star, Toronto, Ontario

IS 'accepts' Boko Haram's allegiance
BBC News, Centrist newscaster, London, England

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