May 20, 2016 nº 1,745 - Vol. 13
"I have always believed that when you have a voice, you have an obligation to use that voice to empower others."
Diane von Furstenberg
In today's Law Firm Marketing, The quickest way to go broke when marketing
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EU lays down the law on tax deals as Apple probe continues
The European Union, locked in a tax battle with the likes of Apple Inc. and McDonald’s Corp., laid down the law in its bid to rein in governments that woo multinationals with special fiscal deals allowing them to reduce their fiscal liability by booking profits abroad. The European Commission, which can ban unfair tax advantages conferred to companies, outlined measures cutting member states’ ability to make rulings that lower the tax burden of foreign businesses. Thursday’s publication, which sets out how the regulator will police state aid, sends a warning shot to corporations shifting profits, insisting that such transactions between subsidiaries should be based on market prices. “Any deviation from the best estimate of a market-based outcome must be limited and proportionate,” the document states. This applies to situations where there aren’t any good comparable transactions in the real world given that profit-shifting can involve remunerating hard-to-quantify intellectual property rights held in a low-taxation country.
Supreme Court: concealment sufficient for bankruptcy fraud
The US Supreme Court ruled Monday in Husky International Electronics, Inc. v. Ritz that "actual fraud," as it relates to the discharge of debt under the bankruptcy code, may be committed by purposeful concealment and does not require overt misrepresentation. Overturning a ruling by the US Court of Appeals for the Fifth Circuit, the court held that Daniel Lee Ritz, Jr. committed sufficient actual fraud when he transferred assets from a debt-encumbered business to other incorporations before filing for bankruptcy. By doing so, Ritz prevented Husky International Electronics, Inc. from being repaid on the nearly $164,000 debt he owed, prompting Husky to file suit invoking Section 523(a)(2)(A) of the Bankruptcy Code. This section prohibits a debtor from discharging "any debt... for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by ... false pretenses, a false representation, or actual fraud," a bar the Supreme Court found satisfied by Ritz's concealment.
Congress is overhauling an outdated law that affects nearly every product
Congress has reached agreement on the most sweeping overhaul of US chemical safety laws in 40 years, a rare bipartisan accord that has won the backing of both industry officials and some of the Hill’s most liberal lawmakers. The compromise, which lawmakers unveiled Thursday, will provide the industry with greater certainty while empowering the Environmental Protection Agency to obtain more information about a chemical before approving its use. And because the laws involved regulate thousands of chemicals in products as diverse as detergents, paint thinners and permanent-press clothing, the result also will have a profound effect on Americans’ everyday lives. The Toxic Substances Control Act, which has not been reauthorized since President Gerald Ford signed it into law in 1976, has come under sharp criticism from all quarters, including from environmentalists who back stronger federal oversight and from chemical companies that are now subject to a patchwork of more-stringent rules in some states.
1 - Court Shows Mercy to Aspiring Lawyer Denied Bar Membership for ‘Dishonesty’ - click here.
2 - Louisiana legislature bans controversial abortion procedure - click here.
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US slaps China steel imports with fivefold tax increase
The US has raised its import duties on Chinese steelmakers by more than fivefold after accusing them of selling their products below market prices. The taxes of 522% specifically apply to Chinese-made cold-rolled flat steel, which is used in car manufacturing, shipping containers and construction. The US Commerce Department ruling comes amid heightened trade tensions between the two sides over several products, including chicken parts.
Steel is an especially sensitive issue. US and European steel producers claim China is distorting the global market and undercutting them by dumping its excess supply abroad.
The quickest way to go broke when marketing
By Tom Trush
You and I both know your marketing should bring you business.
But that's not to say it happens.
The truth is most marketing fails because attention is focused on the wrong subjects. Messages get ignored because they don't deliver content prospects want.
You don't have to look far to see brands blasting out one-way, ego-based messages about their companies or products/services. "Look at us ... look at us ... we're great and we want to help you," screams their marketing.
Of course, this crappy content kills marketing efforts -- but there's something else that drains marketing budgets like a flushed toilet bowl ...
Targeting the wrong audience.
Your best bet when marketing is to communicate with people who already expressed interest in what you offer. (On a side note, this is why you should never stop delivering information that adds people to your prospect list.)
When you enter the convincing game and try to convert people's beliefs about why they need your product or service, you invite marketing disasters.
Let me give you an example that explains why ...
In an election year, it amazes me how many people volunteer their political views in public with the hopes of seeking support.
When someone pushes their political opinions on you, especially when those beliefs differ from yours, how do you feel?
It's frustrating, right? In some instances, you probably want to fire back with your opinions.
These feelings are due to the consistency principle. Once we make up our minds about an issue, we naturally prefer to stay consistent about that thought. In fact, when that belief gets attacked, the instinctive reaction is to take a stubborn stand and fight stronger for your thoughts.
The greater the push, the stronger the belief becomes.
So when you try to convince people why they need what you offer, you fight a no-win battle.
Now do you understand why trying to convince people in your marketing is so expensive?
Instead of spending time (and your marketing budget) on people who you think need what you offer, direct your efforts toward those who demonstrate desire for the solution provided by your product or service.
Tom Trush is available at https://www.writewaysolutions.com. This article draws on his new book, The "You" Effect (https://www.theyoueffectbook.com)
© 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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Apelación
La compañía eléctrica de Brasil Eletrobras, a través de un comunicado, dijo que apelará la decisión de la Bolsa de Valores de Nueva York (NYSE) de suspender el intercambio de sus American Depositary Shares. El mercado neoyorquino suspendió las operaciones de esos papeles porque la empresa brasileña no proporcionó a la Comisión de Valores de Estados Unidos (SEC) sus resultados financieros del 2014 - 2015 por problemas contables.
Litio
El mayor productor asiático de litio, Tianqi, tiene a Chile en la mira. Representantes de la compañía se han reunido con autoridades del ministerio de Minería para conocer al detalle la política del Gobierno sobre la extracción de este material. Y tuvieron un encuentro con el vicepresidente ejecutivo de Corfo, Eduardo Bitran, a quien le manifestaron su intención de tomar control sobre la minera SQM que tienen operaciones en el salar chileno.
Acuerdo
Una delegación diplomática japonesa llegará este viernes a Panamá para iniciar las negociaciones de un tratado bilateral de intercambio de información automática, tema abordado por el presidente Juan Carlos Varela en su reciente visita a esa nación.
Inversiones
La italiana Enel suscribió tres contratos para proyectos de energía renovables en Perú con una inversión de US$ 400 mlls., que le permitiría liderar la generación de electricidad con tecnología limpia en el país. A través de su filial Enel Green Power Perú la empresa construirá una central eólica, otra solar y otra hidroeléctrica con una potencia instalada de 326 megavatios, las cuales podrían comenzar a operar desde el 2018.
US Senate approves bill allowing Saudi Arabia to be sued for 9/11 attacks
The US Senate unanimously approved a bill on Tuesday that would let the families of those killed in the September 11 attacks sue Saudi Arabia for any role it had in the terrorist plot. The Saudi government has warned that if such legislation passes it may begin selling off up to $750 billion in Treasury securities and other assets in the US. Questions about the role Saudi Arabia played in 9/11 have lingered for more than a decade. Until now, previous attempts to sue Saudi Arabia have been foiled due to laws that give foreign nations immunity for lawsuits in American courts. This bill creates an exception for foreign countries that are found culpable for terrorist attacks that kill American citizens within the US. The bill must now pass through the House before it goes to the president's desk. US President Barack Obama has threatened to veto the legislation.
(Click here)
Brazil corruption: Former chief-of-staff Jose Dirceu sentenced
A Brazilian judge has sentenced the former presidential chief-of-staff, Jose Dirceu, to more than 23 years and three months in jail for corruption, money laundering and conspiracy. Dirceu was convicted for involvement in a kickback scheme at the state oil company, Petrobras. He served in the government of former president Lula, and was once tipped to succeed him. Dirceu maintains his innocence and says the accusations are political.
Child trafficking on rise in EU
The number of children trafficked to EU countries by gangs - often for prostitution - is rising and the UK is a major destination, new data show. The European Commission says child trafficking is "one of the trends that is increasing most sharply". In 2013-2014 there were 15,846 registered victims of trafficking in the EU, at least 15% of them children. Three-quarters of the victims were women, and 67% were trafficked for sex. Many other victims were not detected. According to the official Commission figures, the UK registered 1,358 victims in 2013-2014, and the Netherlands registered the most - 1,561. The Commission's research identified ever younger children becoming victims of trafficking and growing numbers of girls from Nigeria being pressed into the sex trade.
Uber joins race for driverless cars
US car-hailing company Uber has joined the race for driverless car technology, confirming it is testing a vehicle on the streets of Pittsburgh. The company said in a statement it had outfitted a Ford Fusion with radar, laser scanners and cameras. Uber's project is being carried out in partnership with Pittsburgh's Carnegie Mellon University. More and more car and technology firms are partnering up to develop self-driving vehicles. Aside from pioneer Google, companies like Tesla are also developing the technology, while Chinese car and tech firms have also made significant progress.
Taiwan's Tsai Ing-wen sworn in as first female president
Tsai Ing-wen has been sworn in as the new president of Taiwan, becoming its first female leader and calling for "positive dialogue" with Beijing. Tsai, seen as an unassuming but determined leader, led the Democratic Progressive Party (DPP) to a landslide win in elections in January. The DPP has traditionally leaned towards independence from China, which sees Taiwan as a breakaway province. In the past, it has threatened to take the island by force if necessary.
UK Court strikes down tobacco industry challenge to plain packaging
Uniform packaging rules for tobacco will be introduced on Friday after a legal challenge against the new law was dismissed by the High Court. The case was brought by four of the world's biggest tobacco firms, Philip Morris International, British American Tobacco, Imperial Tobacco and Japan Tobacco International. But Justice Green dismissed all their grounds of challenge. The government said it meant a generation would "grow up smoke-free". Two of the companies have said they will appeal against the ruling.
Supreme Court rules right to 'speedy trial' does not include sentencing
The US Supreme Court ruled unanimously Thursday in Betterman v. Montana that the Sixth Amendment right to a "speedy trial" ends at conviction. A criminal defendant is entitled to a speedy and public trial, and this case dealt with the question of whether protecting a criminal defendant from inordinate delay in the final disposition of his case falls under the provisions of the amendment. Justice Ruth Bader Ginsburg wrote for the court: “We hold that the guarantee protects the accused from arrest or indictment through trial, but does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges. For inordinate delay in sentencing, although the Speedy Trial Clause does not govern, a defendant may have other recourse, including, in appropriate circumstances, tailored relief under the Due Process Clauses of the Fifth and Fourteenth Amendments.” Justice Clarence Thomas filed a concurring opinion, joined by Justice Samuel Alito. Justice Sonia Sotomayor also filed a concurring opinion.
Google fights right-to-be-forgotten fine at French top court
Google has taken a fight against France’s privacy watchdog to the country’s highest administrative court, challenging a March decision to fine it 100,000 euros ($112,000) for failing to remove “right-to-be-forgotten” requests from global search results. “As a matter of both law and principle, we disagree with this demand,” Kent Walker, Google’s senior vice president and general counsel said. “We comply with the laws of the countries in which we operate. But if French law applies globally, how long will it be until other countries -- perhaps less open and democratic -- start demanding that their laws regulating information likewise have global reach?” The French probe was triggered by several complaints from people who wanted the search engine to delete search results that pointed to personal information about them. While Google removed links from its French ".fr" domain, it didn’t take them off the ".com" domain visible to European web users.
Bayer makes takeover offer for agriculture giant Monsanto
German drug and chemicals-maker Bayer has made a takeover bid for agricultural giant Monsanto in a deal that could create the world's biggest supplier of seeds and pesticides. Monsanto is known as a specialist in genetically modified crops. The offer comes amid a wave of consolidation in the industry, with rivals Dow Chemical, DuPont and Syngenta all entering mergers recently. However, any tie-up is likely to depend on regulators' competition concerns. "There is no assurance that any transaction will be entered into or consummated, or on what terms," Monsanto said.
Canada PM proposes legislation banning transgender discrimination
Canadian Prime Minister Justin Trudeau introduced legislation Tuesday that would ban transgender discrimination, including it within Canada's hate crime laws. In his announcement of the legislation, Trudeau stated "everyone deserves to live free of stigma, persecution and discrimination today is about ensuring that all people ... feel safe and secure and empowered to freely express themselves." The legislation covers both gender identity and gender expression, thereby protecting not only how people define themselves but also how they choose to dress or act. The legislation includes changes to both the Federal Criminal Code and the Canadian Human Rights Act. Under the federal code, transgender people would be included within the law that makes it a crime to make "hate propaganda" against members of specific groups.
(Click here)
Mexico president proposes legalizing same-sex marriage nationwide
Mexican President Enrique Peña Nieto on Tuesday signed an initiative that would amend the country's constitution to legalize same-sex marriage nationwide. Marking the national day against homophobia, Peña Nieto tweeted "I signed reform initiatives to promote marriage equality and its addition to the Constitution and the Federal Civil Code." The proposal still requires congressional approval. The move follows a June ruling by the Supreme Court of Mexico, which declared it unconstitutional for Mexican states to ban same-sex marriages but did not invalidate any state laws. Same-sex marriage is currently legal only in Mexico City and the states of Campeche, Jalisco, Coahuila, Quintana Roo, Colima, Nayarit and Chihuahua.
Federal appeals court rules Second Amendment protects right to buy and sell guns
The US Court of Appeals for the Ninth Circuit ruled Monday that the Second Amendment protects the right to buy and sell firearms. Three individuals challenged an Alameda County, California, ordinance that prohibits gun shops from being located within 500 feet of a residentially zoned district. The court held that while the ordinance might well be constitutional, it must be subject to heightened scrutiny.
Ill-fated strategy in Staples-Office Depot deal
A federal judge’s order last week ending the planned merger of Staples and Office Depot took many in the antitrust community by surprise, but only slightly more so than the decision of the lead defense lawyer, Diane Sullivan, to rest without presenting evidence. One must ask what such courtroom bravado — her firm’s website quotes The American Lawyer as saying that Ms. Sullivan “isn’t a hired gun; she’s more like a hired bazooka” — says about the self-confidence of merging parties and their counsel. Their strategy came as the vigor in federal merger enforcement had apparently been revived, and even exaggerated, even though this deal was in so many other ways big and audacious. One must also ask whether the firm will take action quite this risky again.
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