September 9, 2016 nº 1,789 - Vol. 13
"If you want to be happy, be."
Leo Nikolaevich Tolstoy
In today's Law Firm Marketing, First class letters seize attention, generate ongoing interactions
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Federal appeals court rules Uber drivers may not bring class action suit
The US Court of Appeals for the Ninth Circuit ruled Wednesday that Uber drivers may not join in a class action suit to pursue employment claims against the transportation company but must resolve their disputes individually. The claims included a host of employment contract issues as well as allegations that the company responsible for conducting background investigations of prospective drivers did so without proper authorization and consent. At issue is whether the thousands of California drivers are bound to the arbitration clause in their employment contract. The court ruled that the arbitration agreement was authorized in this case as the plaintiffs not only had notice of the arbitration agreement but also an ability to opt out of the arbitration by sending an e-mail. Furthermore, the court disagreed with the analysis that arbitration would limit the amount the plaintiffs could recover or complaints they could raise as the arbitration encompasses all relevant issues and Uber has agreed to cover all of the cost of arbitration. (Click here)
1- Subway 'footlong' case goes before Federal Appeals Court - click here.
2 - Google to buy software developer Apigee in $ 625 millions deal - click here.
3 - Denmark's Lundbeck loses EU pay-for-delay antitrust appeal - click here.
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The city that went on holiday together
When the most powerful people in the world arrive en masse to your home town, there's bound to be disruption. But things got taken to a whole other level this week when China hosted a two-day summit of the G20. Most of the nine million residents of the city Hangzhou were actively encouraged to get out of town as security was ramped up. Factories were closed so the visiting world leaders could breathe less polluted air. Car travel in Hangzhou was restricted by registration numbers (even number registrations were allowed to travel one day, odd on the others days). Residents were given a paid week of work to gently prod them into leaving. The result was that outside the summit bubble Hangzhou was largely turned into a ghost town.
China's big debt worries George Soros. Should it worry you?
Its borrowing binge looks familiar to those who study financial crises elsewhere. But others say China can cope if it makes the right choices.
First class letters seize attention, generate ongoing interactions
By Trey Ryder
In these days of electronic communication, lawyers often overlook one of the most powerful methods of contact: First class mail.
First class letters from lawyers are effective for many reasons:
REASON #1: Since many people use e-mail for quick communication, when you take time to write and mail a letter, you make a powerful, positive, personal impression.
REASON #2: An envelope with a lawyer or law firm as its return address always commands attention.
REASON #3: Upscale law firm stationery can and should reflect your confidence, integrity and success.
For clarification, I'm not suggesting that you use outbound direct mail sent to mailing lists that you rent or buy. That type of direct mail often proves to be costly and ineffective. Instead, I'm talking about sending first class letters over your original signature on your nicest law firm stationery to prospects, clients and referral sources.
You can send to everyone on your list -- or to a select handful of recipients. Either way, you may be surprised at how favorably they respond. Here are examples of how you can use first class letters:
EXAMPLE #1: Send a letter that offers (or accompanies) your new educational handouts.
EXAMPLE #2: Send a letter that invites prospects, clients and referral sources to an upcoming seminar and encourages them to bring friends and colleagues.
EXAMPLE #3: Send a letter that offers to add your readers' friends and colleagues to your mailing list.
EXAMPLE #4: Send a letter that invites prospects, clients and referral sources to send you new clients.
EXAMPLE #5: Send a letter that invites questions that you can include in the Q&A section of your newsletter.
EXAMPLE #6: Send a letter that invites prospects, clients and referral sources to suggest topics for your newsletter.
EXAMPLE #7: Send a letter that invites readers to respond to surveys and offer their suggestions.
EXAMPLE #8: Send a letter that invites everyone on your mailing list to a wine and cheese party or another social event.
EXAMPLE #9: Send letters offering greetings to everyone on your mailing list at holidays throughout the year.
EXAMPLE #10: Send a letter to everyone on your mailing list that describes a case or transaction you recently completed for a client.
EXAMPLE #11: Send a letter to everyone on your mailing list along with a copy of a published article that you wrote -- or in which you were quoted.
EXAMPLE #12: Send a letter asking former clients to write a testimonial that you can share with prospective clients. (Some bar associations do not allow the use of testimonials, so be sure to check your rules of professional conduct.)
EXAMPLE #13: Send a letter asking referral sources to write a letter of recommendation that you can show prospective clients.
EXAMPLE #14: Send a letter to former clients explaining when they should contact you to review and update work you have done on their behalf.
EXAMPLE #15: Send a letter to everyone on your mailing list describing other practice areas within your firm and inviting them to contact you for an introduction to a lawyer in that practice area.
EXAMPLE #16: Send a letter to everyone on your mailing list introducing new lawyers in your firm and offering information about their background, qualifications and experience.
EXAMPLE #17: Send a letter to everyone on your mailing list introducing new employees in your firm, describing their duties and inviting clients to meet them whenever convenient.
EXAMPLE #18: Send a letter to everyone on your mailing list discussing pending legislation that could affect their interests, suggesting action they can take and inviting them to contact you.
EXAMPLE #19: Send a letter to everyone on your mailing list explaining a case history about a client who acted in time to protect his interests -- and another client who did not, describing the consequences he endured.
EXAMPLE #20: Send a letter to everyone on your mailing list requesting their opinion and suggestions about a new service you plan to offer.
EXAMPLE #21: Send a letter to everyone on your mailing list along with a copy of your latest newsletter inviting comments and suggestions.
EXAMPLE #22: Send a letter to everyone on your mailing list asking their opinion about a new office location you're considering.
EXAMPLE #23: Send a letter to everyone on your mailing list inviting them to support or take part in a non-profit activity in which you're involved.
EXAMPLE #24: Send a letter to clients and referral sources thanking them for their confidence and assuring them of your continued help in the future.
No doubt, you can think of letters I didn't list here. The point is to communicate frequently with prospects, clients and referral sources.
First class letters give you the opportunity to increase your credibility, spell out important ways you differ from other lawyers, identify sound reasons for prospects to act now, and build long-term loyalty from clients and referral sources.
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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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Banco
Banco Santander Brasil SA e Itaú Unibanco Holding SA son los dos contrincantes finales por la compra de la unidad de banca minorista en Brasil de Citigroup Inc. Al momento ninguno de los dos bancos tiene negociaciones exclusivas.
Minera
Dos empresas chinas inician negociaciones directas para quedarse con la mina Pampa en Chile. La primera de ellas se trata de Tianqi, el nombre de la segunda se desconoce. Las ofertas están por sobre los US$ 2.000 mlls. y una de ellas se acercaría a los US$ 2.500 mlls. y son negociadas a través del Banco Itaú-Argentina.
Canal
La Autoridad del Canal de Panamá otorgó permiso a la empresa North Properties para el uso de la ribera de la vía acuática, en momentos cuando anunciaba restricciones temporales del calado al paso de buques por los bajos niveles de los lagos Alajuela y Gatún. La decisión se dio a pesar de que la empresa fue sancionada por la entonces Autoridad Nacional del Ambiente, actualmente Ministerio de Ambiente, por afectaciones ambientales en más de 5.8 hectáreas por la vía Centenario, cercanas al proyecto Ciudad de la Salud.
California governor signs emissions reduction bills into law
California Governor Jerry Brown signed into law two bills that seek to reduce greenhouse gas emissions by 40 percent by 2030. The bills, SB 32, sponsored by Senator Fran Pavle, and AB 197, sponsored by Assembly Member Eduardo Garcia, had been introduced in 2014 and 2015, respectively. The new regulations will assist California to meet or exceed the state's current target of reducing greenhouse gas emissions to the levels existing in 1990 by 2020, as established in the California Global Warming Solutions Act of 2006. Additional requirements for reduction by 2030 will help make it possible for California to reach the ultimate goal of reducing emissions to 80 percent under 1990 levels by 2050.
Hollande: Islam must live within the law
French President Francois Hollande challenged Muslims in his country to create "an Islam of France" that is respectful of a secular government and lives within French laws. Hollande gave the stern speech on Thursday with falling public confidence and rising anti-Islamic sentiment in France after the Paris and Nice terror attacks and burkini bans on French beaches. He also called for kicking extreme imams out of the country. The country has been under a state of emergency since November. Hollande said religion and state can live together peacefully in France. “Nothing in the idea of secularism is opposed to the practice of Islam in France, as long -- and that is the vital point -- as it complies with the law," he said.
North Korea claims success in fifth nuclear test
North Korea says it has successfully carried out its fifth nuclear test, in continued defiance of UN resolutions. A 5.3 magnitude tremor had earlier been detected near its nuclear test site. South Korea believes it is the North's biggest-ever test, raising fears it has made significant nuclear advances. South Korean President Park Geun-hye called it an act of "self-destruction" showing the "maniacal recklessness" of leader Kim Jong-un. The US warned of "serious consequences". China's foreign ministry said Beijing was resolutely opposed to the test and urged North Korea to avoid further action that would worsen the situation.
Turkey-PKK conflict: Thousands of teachers suspended
More than 11,000 teachers in Turkey have been suspended for alleged links to the outlawed Kurdistan Workers' Party (PKK), a week before children go back to school. Prime Minister Binali Yildirim had said he thought as many as 14,000 teachers were associated with terror activities. Turkey, alongside Western countries, regards the PKK as terrorists. Tens of thousands of school workers and private teachers were purged separately after a failed coup in July.
NYS AG Opens Mylan anti-trust case
New York State attorney general Eric Schneiderman has opened an anti-trust investigation into Mylan after evidence showed that the EpiPen-maker may have ripped off New York State schools that purchased the life-saving devices. The probe is just the latest setback for Mylan amid widespread criticism of the company’s 500 percent price hike for the drug.
EU court backs Playboy in Dutch hyperlinks copyright case
The European Court of Justice has ruled in favour of Playboy in a long-running case over hyperlinks to copyrighted content. The Dutch website Geenstijl, operated by GS Media, had posted links to an Australian site that was hosting photographs from Playboy. But the court ruled GS Media had broken copyright rules, in part because it was motivated by profit. GS Media said this was a blow to the "free internet". Playboy's publisher, Sanoma, first brought the case against GS Media over links to photos of Dutch TV personality Britt Dekker, in 2011. In April 2016, EU advocate general Melchior Wathelet sided with GS Media, arguing in his legal opinion to the court that posting the hyperlinks did not constitute copyright infringement.
Ireland lawmakers back Apple tax appeal
Irish lawmakers voted Wednesday to appeal the ruling of the European Commission that would entitle the country to almost $15 billion of unpaid taxes from Apple. Minister for Finance, Michael Noonan T.D. released a statement last Friday explaining that talks between the Fine Gael party and the Independent Alliance determined that allowing the ruling to stand could hurt Ireland's ability to attract foreign investments in the future. Enda Kenny, Prime Minister of the Republic, gave an interview Wednesday detailing how he is confident that the appeal will succeed because tax issues are a matter for each sovereign to decide, not the European Commission. Apple pays from almost 0-1 percent taxes on its profits in Ireland and the European Commission is claiming that the tech giant illegally funded profits through its Ireland headquarters to avoid higher tax payments.
Brexit talks role for Belgian EU veteran Guy Verhofstadt
A veteran European federalist, Belgian ex-Prime Minister Guy Verhofstadt, will be the European Parliament's negotiator in Brexit talks with the UK. Verhofstadt, leader of the liberal MEPs, tweeted that the parliament would play a "central role" in the talks "and any future EU-UK agreements". Talks on the UK terms for leaving the EU are expected to start next year. The other top EU negotiators on Brexit will be Belgian Didier Seeuws and French finance expert Michel Barnier. The European Parliament's approval will be required for any deal on UK withdrawal from the EU. Verhofstadt was given the role of negotiator by the leaders of the main party blocs in parliament.
Panama papers: Denmark to buy leaked data
Denmark will buy data leaked from the law firm at the heart of the Panama Papers scandal, Taxation Minister Karsten Lauritzen has announced. An anonymous offer to sell data involving up to 600 Danish citizens was made to the tax authorities over the summer, he said in a statement. "We owe it to all Danish taxpayers who faithfully pay their taxes," he said. The decision was attacked as "deeply reprehensible" by a spokesman for one of the opposition parties. Lauritzen did not reveal the exact sum to be paid but it is believed to be about 9m kroner ($1.4m). It is not clear whether Denmark is buying the information from the original source of the leak, who remains anonymous, or from another party.
Trump Mexico visit: Luis Videgaray quits as finance minister
Mexican Finance Minister Luis Videgaray has resigned following the visit of Donald Trump last week. Videgaray was seen as the main organiser of the controversial meeting between Trump and President Enrique Pena Nieto. The visit was widely criticised by Mexicans both in the national press and on social media. A spokesperson for the ministry said Videgaray would not take on another public office.
Airbnb introduces new anti-discrimination policy
Online accommodation site Airbnb is introducing a new policy to combat reports that black people are less likely to get rooms. The move includes reducing the prominence of photos, introducing new technology, and asking users to sign an anti-discrimination agreement. A study last year found that people with names that suggested they were black were discriminated against. Many customers have also complained about the issue. Using the Twitter hashtag #AirbnbWhileBlack, many users said that they had been told a particular listing was unavailable, only to discover that the same places were re-advertised as available on the dates they had wanted.
Mastercard faces £14bn card fee claim
A £14bn legal claim has been filed against Mastercard on behalf of UK consumers seeking damages for anti-competitive card fees. In 2014, the European Court of Justice ruled that regulators were right to condemn the cost of its interchange fees - the fees retailers pay banks to process card payments. Mastercard lowered its fees but now faces a claim for damages for 16 years of charging from 1992 to 2008. It has vowed to fight the action. (Click here)
Palestine court suspends presidential election in West Bank, Gaza Strip
The Palestinian High Court of Justice in Ramallah ordered the suspension of local elections in the West Bank and the Gaza Strip on Thursday. The first presidential election to take place in a decade was scheduled for October 8. The court suspended the election due to the ongoing dispute between rival groups Fatah and Hamas concerning candidate lists, as well as East Jerusalem being unable to participate in the vote as it is annexed by Israel. The presiding judge stated, "elections can't take place in one place and not the other," in his ruling. Fatah spokesman Osama Al-Qawasmi blamed Hamas for, "foiling the election," while Hamas spokesman Sami Abu Zuhri claimed the court decision was politically motivated in favor of Fatah due to the weaker candidate list from that party. The court will hold another session to consider the issue on September 21.
Austria threatens lawsuit against Hungary over migrant acceptance
Austrian Interior Minister Wolfgang Sobotka said Wednesday that Austria will take Hungary to the International Court of Justice if Hungary does not begin accepting returning migrants that crossed into Austria from Hungary. According to EU law, migrants are supposed to remain in the first country they enter, but Austria claims Hungary has been breaking this law by allowing people to leave their country and enter Austria. Sobotka made the threat as his country gets closer to the potential annual limit of allowed asylum seekers of 37,500, with around 29,000 people having applied for asylum in the country by the end of July. The law creating the cap on annual asylum seekers was finalized Tuesday and will undergo roughly a month of review before taking effect. The concerns over migrants also come at a time of increased political friction, with a presidential election coming at the beginning of October.
Connecticut judge orders restructuring of education funding system
A judge for the Connecticut Superior Court Wednesday ordered school officials to overhaul the state's educational funding system, finding that the current system is unconstitutional. In his opinion, Judge Thomas Moukawsher noted that poorer areas grossly under-performed in comparison with wealthier areas. The judge ordered the state to draft and submit proposals within six months, writing that "Connecticut is defaulting on its constitutional duty to provide adequate public school opportunities because it has no rational, substantial and verifiable plan to distribute money for education aid and school construction."
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