December 11, 2015 nº 1,705 - Vol. 13
"Be the best. It's the only market that's not crowded."
George Whalin
In today's Law Firm Marketing, Clients know when you put them first
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Uber ruling adds more drivers to class-action suit
A California judge ruled Wednesday to expand a class-action suit that could challenge Uber Technologies Inc.’s fundamental business model. As a result of the ruling, Uber drivers who didn’t opt out of an arbitration agreement in their contracts can be added to the class-action suit. It wasn’t immediately clear how many drivers that covers, but the drivers had previously sought to certify a class of 160,000. In September, the same federal judge—U. S. District Judge Edward Chen—granted class-action status to a lawsuit brought by three drivers who claim they are Uber employees, not contractors, and therefore deserve health benefits and other expenses normally covered by an employer. At the time, Judge Chen’s decision applied only to Uber drivers in California who had opted out of a class-action arbitration agreement. On Wednesday, the judge ruled that Uber’s arbitration agreement was unenforceable. This is a significant ruling on both counts and we are very pleased with it,” said Shannon Liss-Riordan, an employment lawyer with Lichten & Liss-Riordan PC in Boston, who represents the drivers.
Brazil Supreme Court suspends impeachment proceedings
The Federal Supreme Court of Brazil on Wednesday suspended impeachment proceedings against President Dilma Rousseff until the court can determine the constitutional validity of a secret ballot. The vote is to determine whether the congressional committee appointed to carry out the impeachment is stacked with members seeking to oust Rousseff. A decision is expected by December 16. Impeachment proceedings were opened against Rousseff last Wednesday on allegations of violating fiscal laws and manipulating finances.
EU air passenger tracking takes step to reality in panel vote
A European air passenger data-tracking system moved closer to becoming reality on Thursday after winning the approval of a parliamentary panel. The European Parliament’s civil liberties committee voted 38-19 in favor of the system, which would require airlines to disclose passenger data on flights to, from and within the 28-nation European Union. Inspired by anti-terror steps in the US after the 9/11 attacks, the European law would stop short of forcing EU governments to share or pool the data, a potential flaw in a system meant to hunt down suspects who slip across borders. EU nations have already signed off on the measure.
Leniency Program Guidelines
In a new article, Leonardo Peres da Rocha e Silva and José Rubens Battazza Iasbech, respectively partner and associate at Pinheiro Neto Advogados, comment on the preliminary version of the Leniency Program Guidelines, recently issued by The Administrative Council for Economic Defense (CADE) from Brazil. (Click here)
Visit our new 'Magic Eye' page and boost your career
Migalhas International, with the support of executive search firms, brings the best career and professional development opportunities to its readers. We call this service the "Magic Eye". Click here to go to our special webpage and find your next lease on life.
1 - North Carolina law allowing officials to refuse to perform same-sex marriages challenged - click here.
2 - European Court of Justice to double its number of judges to 56 over next four years despite appeal by ministers - click here.
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UN calls on to end torture
A UN watchdog has urged China to end the rampant use of torture in its prisons and close all secret jails. The United Nations Committee Against Torture also called for a halt to a crackdown on lawyers and activists. It issued its report after questioning a large Chinese government delegation as part of a two-day hearing. The report gives Beijing one year to report back on progress made in implementing key areas of the UN Convention against Torture.
China's Fosun in trade halt amid reports its chairman is 'unreachable'
The baffling disappearance of Chinese executives in recent weeks has drawn attention to the ruling Communist Party’s practice of holding people incommunicado either as targets of investigations themselves or to help with probes of others. Trading has been suspended in the Hong Kong shares of one of China's biggest private investment conglomerates Fosun International. It comes amid uncertainty over the whereabouts of its chairman, with one report saying Guo Guangchang has been unreachable since noon on Thursday. Fosun has interests spanning insurance, real estate and retail. It controls the French holiday group known as Club Med. Guo Guangchang is one of China's wealthiest men.
China to receive $300m loan to combat pollution levels
China is to receive a $300m loan from the Asian Development Bank (ADB) to help it combat dangerous pollution levels in Beijing city and its surrounding area. The ADB said that poor air quality had reached such a serious level that it was "jeopardizing health and sustainable growth". The loan is intended to cut the region's coal use, among other pollution issues. China is the world's biggest polluter.
Clients know when you put them first
By Linda Julian
How will your client know you're putting them first ?
Here's what our research reveals:
-- You always show an interest in their business -- not just when you're looking for more business.
-- You are brave about giving the client sound advice they may not want to hear.
-- You frame advice in terms to which they can relate.
-- You de-jargonise advice and use language and metaphors which are familiar and comfortable for your client.
-- You communicate with them in the style and via the media they prefer.
-- You anticipate their needs.
-- You maintain their confidences.
-- You constantly watch out for their interests matter-by-matter and also at a broader level.
-- You are clear about bad news -- you don't duck and weave.
-- You understand their objectives and your role in advancing their interests.
-- You care about the personal, business unit, and organisation-wide implications of the matters you deal with and advice you give.
-- You are responsive to their needs and requests, including when it's at some personal inconvenience to you.
-- You promptly do what you promise.
-- You care about their money and look after their investment in your services by helping them spend wisely with you.
-- You seek their feedback.
-- You are prepared to decline work around which they would have strong commercial sensitivities or see as conflicts.
-- You are always looking for ways to improve.
Just as your clients will know when you put them first, so our research reveals that they'll reward you for doing so.
Linda Julian is available at www.julianmidwinter.com.au
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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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Demanda
Fiscales brasileños confiormaron que llevan adelante una demanda civil contra las mineras Vale, BHP Billiton y su operación conjunta Samarco debido al colapso de una represa en un yacimiento de mineral de hierro, un hecho que dejó 13 muertos y devastó la ciudad de Mariana, Minas Gerais.
Acuerdo
Representantes del gobierno de Nicaragua y del Banco Interamericano de Desarrollo firmaron un convenio de préstamo para el fortalecimiento de un Programa de Integración vial que el Ejecutivo desarrolla a través del Ministerio de Transporte. El convenio asciende a un monto de US$90,7 mlls que se destinarán para el mejoramiento de caminos rurales.
EU states face legal action on migrants
The European Commission says it has begun legal action against Greece, Croatia and Italy for failing to correctly register migrants. It says the three failed to implement the Eurodac Regulation, which involves fingerprinting asylum seekers and registering the data within 72 hours. The commission said it warned about the shortfalls two months ago. It has also launched an infringement case against Hungary over its asylum legislation. Hundreds of thousands of migrants have arrived in Europe in recent months, causing divisions among EU states. "Effective implementation of the Eurodac Regulation is essential for the functioning of the Dublin system and EU relocation schemes," a statement said. New EU statistics released on Thursday showed that a total of 812,705 people had claimed asylum in the bloc in the first nine months of 2015.
German court lets off 'Sharia police'
A German court has ruled that Islamists who patrolled a city's streets as "Sharia police" did not break the law and will not be prosecuted. Nine were arrested in September 2014 after patrolling streets in Wuppertal, western Germany. They wore bright orange jackets with the words "Sharia police". They told passers-by not to frequent discos, casinos or bars. The court said they had not violated laws on uniforms and public gatherings. Prosecutors have now lodged an appeal. The group also carried notices proclaiming in English a "Sharia Controlled Zone". The notices spelled out prohibitions like those in force in some Gulf Arab countries, outlawing alcohol, drugs, gambling, music and concerts, pornography and prostitution.
Amnesty: Islamic State armed due to 'reckless arms trading' with Iraq
Amnesty International (AI) said Tuesday that the Islamic State (IS) is in possession of a "large and lethal" arsenal due to decades of reckless arms trading and the poorly regulated international flow of weapons into Iraq. AI reports that the IS military campaign has relentlessly targeted civilians with small arms, artillery, huge numbers of improvised explosive devices, and possibly with chemical weapons. After analyzing thousands of verified videos and images, Taking Stock: The arming of Islamic State reveals that IS fighters are using arms mainly looted from Iraqi military stocks which were manufactured and designed in more than 25 countries, including Russia, China the USA and EU states. The report calls for stricter controls from supplier states and the Iraqi authorities to avoid the further armament of IS and to prevent continued abuses of human rights.
“Positive” climate talks run overtime
Negotiators at the Paris climate summit aim to wrap up a global agreement to curb global warming on Saturday - a day later than expected, hosts France said. "Things are moving in the right direction," but more compromise is needed if an agreement is to be reached. A deal signed in Paris would come into being in 2020. Participants at COP21 - as the UN conference is called - have been working on a draft text, prepared by the French presidency, since Wednesday. This was seen as a significant moment after discussions that began in 2011 about a new global agreement that would stake out a long-term strategy for dealing with climate change.
These lawyers want slave labor warnings on your cat food
Forced labor permeates supply chains that stretch across the globe, from remote farms in Africa and the seas off Southeast Asia to supermarkets in America and Europe. Almost 21 million people are enslaved for profit worldwide, the UN says, providing $150 billion in illicit revenue every year. Governments are pushing companies to better police suppliers, but that’s not enough for a group of US law firms. They’ve sued name-brand companies doing business in California, like Hershey Co., Mars Inc., Nestle SA and Costco Wholesale Corp., hoping to use the state’s novel consumer protection laws to put the suffering of millions squarely in front of shoppers. “These lawsuits are vehicles for forcing business ethics,” said Niall McCarthy, an attorney with one of the class action firms taking up the issue, Cotchett Pitre & McCarthy LLP. “You cannot ignore human suffering to make a buck.”
EU opens infringement case against Hungary over asylum law
The European Commission on Thursday initiated an infringement action against Hungary's new asylum law and the country's response to the refugee situation. Hungary recently erected a fence along its border to keep migrants from crossing into the country. The government has also rejected and fought against Germany's plan that requires all EU states to take a certain number of refugees. The commission has criticized Hungary's system dealing with asylum seekers, basically forcing them to leave the country if their petition for asylum is denied because of the holes in their asylum seeking appeals process. The second criticism is over Hungary's failure to provide translation and interpretation services to asylum seekers, which violates EU law. Finally, the commission has charged that Hungary has violated asylum seekers' fundamental right to an effective remedy and to a fair trial under Article 47 of the Charter of Fundamental Rights of the EU. The commission has also escalated other infringement cases against Greece, Croatia, Italy and Malta.
Volkswagen admits 'chain of errors'
The chairman of embattled carmaker Volkswagen says a chain of errors led to the emissions scandal and that its top priority is winning back trust. Hans Dieter Poetsch said: "We are talking here not about a one-off mistake but a chain of errors." He said VW would be "relentless in seeking to establish who was responsible" for the scandal. VW's chief executive said it was "fighting for every customer". A massive slump in sales had not occurred in the wake of the scandal.
Small violations of medical privacy can hurt patients and erode trust
Breaches that expose the health details of just a patient or two are proliferating nationwide. Regulators focus on larger privacy breaches and rarely take action on small ones, despite their harm.
German Chancellor Angela Merkel is 'Time' Magazine's Person Of The Year
The magazine said it picked Merkel for her "steadfast moral leadership in a world where it is in short supply." Merkel is the first individual woman to receive the honor in 29 years.
Guatemala ex-president charged in corruption scandal
Former Guatemalan president Otto Pérez Molina was formally charged by prosecutors on Wednesday following the investigation into the corruption scandal that led to his resignation. Prosecutor Francisco Sandoval said that Pérez Molina is suspected of illicit association, customs fraud and bribery.
Fiat Chrysler fined $70 million on safety-reporting lapses
Fiat Chrysler Automobiles NV will pay a $70 million fine for failing to report fatalities, injuries and warranty repairs as US safety regulators step up their enforcement in the wake of lapses by automakers in making required disclosures. The penalty wraps up a second major investigation of Fiat Chrysler by the National Highway Traffic Safety Administration this year. In July, the regulator issued a then-record $105 million civil penalty for the company’s lagging efforts to address safety defects. “Accurate, early-warning reporting is a legal requirement, and it’s also part of a manufacturer’s obligation,” said US Transportation Secretary Anthony Foxx in a statement. “We need FCA and other automakers to move toward a stronger, more proactive safety culture, and when they fall short, we will continue to exercise our enforcement authority to set them on the right path.”
Foreign investors tiptoe through minefield of Greek banking system
Bankers agree that their biggest challenge is regaining the trust of the millions of Greek savers who withdrew about 40 billion euros from the banking system this year.
Turkey sacks Ankara police chief after suicide bombings
Al Jazeera, Doha, Qatar
MPs approve Osborne's budget rules
BBC News, Centrist newscaster, London, England
Israeli-Palestinian violence: What you need to know
CNN International, London, England
Heidi Klum is 'mom and a dad at the same time' since her split from Seal in 2012
Daily Mail, Conservative daily, London, England
Denmark's Princess Marie denies boob job after Her & Nu magazine claimed she had one
Daily Mail, Conservative daily, London, England
Tense times in Jerusalem
EuroNews, International news, Ecully Cedex, France
Israel seals off East Jerusalem after 'Day of Rage' attacks
France 24, Issy-les-Moulineaux, France
?? Sanat to present a rich program in its new season
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
'Blood moon' prompts Mormon announcement: This is NOT the end of the world
Independent The, London, England
Pompeii's pilferers punished with a curse from the gods
Telegraph The, Conservative daily, London, England
The Apprentice 2015: episode 1, live
Telegraph The, Celebrity news, London, England
Hung ouster in motion, Chu calls for party unity
China Post, English-language daily, Taipei, Taiwan
Up to 10 Million People Made Sick by Their Phones
Chosun Ilbo, Conservative daily, Seoul, South Korea
Pope Francis makes historic first US visit
Hindustan Times, New Delhi, India
Minister vows to return donations from firms involved in bid-rigging
Japan Times, Independent centrist, Tokyo, Japan
Financial services startup Square files for $275M IPO
New Zealand Herald, Conservative daily, Auckland, New Zealand
Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore
Beat the post holiday blues
Sydney Morning Herald, Centrist daily, Sydney, Australia
Nike says expects revenue of $50 bn by 2020
The Economic Times, Business, Mumbai, India
It's official ó the 1% finally own 50% of everything
Canadian Broadcasting Centre, Toronto, Ontario
New York teen dies after beating at church during 'counselling'
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
Wall St declines as Wal-Mart's weak forecast drags on retailers
Reuters, Business News, New York, U.S
Malaysia's embattled PM facing stern test as parliament returns
Reuters, World News, New York, U.S
Blue Jays cut lead to 2-1 against Rangers in Game 5
Toronto Star, Toronto, Ontario
US troops to help fight Boko Haram
BBC News, Centrist newscaster, London, England
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