Category Archives: Miscellaneous

Miscellaneous

Fore!!!

MP900401410

Today, eDiscovery Insights turns four.  Yep – it was September 24th, 2008 when I posted my introduction to this blawg.  What's happened since then:

  • I was appointed to the State Bar of California's (Calbar) Law Practice Management & Technology Section Executive Committee in 2009 and will become its Chairmain in about three weeks
  • This blawg was named to the ABA Top 100 in 2010
  • I expanded to Twitter (@eDiscInsights).  Sorry, no Facebook, but you can find me on LinkedIn
  • This blawg was chosen by the Library of Congress
    for their historical archives in 2011
  • I was appointed to the Calbar Social Media Task Force in 2011
  • I, along with a host of authors, have a book coming out, "The California Guide to Growing & Managing a Law Office", by the end of the year
  • The practice of eDiscovery has exploded

When I started this blawg, I couldn't have imagined any of those things taking place (except, perhaps, the last one).  So, you'll forgive me if I don't ask what's next.  Besides, a little mystery is a good thing, don't you think?

Maybe I'm already behind the times…

Miscellaneous, Technology

A Lie Can Travel Half Way Around the World…

MP900227508…while the truth is about 22 minutes behind…

The original quote, by Mark Twain, is "A lie can travel half way around the world while the truth is still putting on its shoes."

Not true anymore, in this era of Social Media.

The original title I considered for this post was, "Will Social Media End Lying?"  The problem is, I have the ready answer. No.  The better question is, will it change lying as we know it?  Yes, and it's already having that effect.  Unfortunately, there's still a huge contingent out there who didn't get the memo.  Yet.

This process was well illustrated during the recent political conventions.  The cycle between one of our major politicians lying, the lie being refuted (in this particular example, via Twitter), then the campaign issuing a "correction" was less than 30 minutes.

This sure ain't the old days.  That would be circa 2008…

That's why to me, the question is, "Will Social Media…" as opposed to, "Has Social Media…".  Perhaps there'll be a little more truth in politics.

Now that's change I can believe in…

Implementation, International, Law, Miscellaneous, Scope

#ABA Seeking Comments Re: Loosening Restrictions to Cross-Border Practice

MP900443352 The ABA has cited a deadline of November 30th, 2011 for comments on several proposals to make it easier for attorneys to practice across multi-jurisdictional lines.  The proposals may be viewed on the ABA's "Ethics 20/20" Commission web page, however, comments may only be submitted via email.

These proposals should be of particular interest to eDiscovery professionals, especially now that cross-border issues are more prevalent than ever with the explosion of cloud computing and other technological advances.

As a Consultant and Attorney, I'm constantly bending over backward to make sure potential clients understand that I'm licensed in California, while at the same time I'm free to consult anywhere.  The tension arises when an out-of-state project or case begins with a consulting agreement, then is in danger of meandering into law practice.  Clients can't always tell the difference; but I can, and it means having a further conversation to clarify my role.

Heck, the disclaimer on this blawg exists for the same reason!

Any modification to the Rules that would ease this burden would be highly beneficial to eDiscovery professionals.  Of course, in my case, I must still defer to the California Rules, but you gotta start somewhere…

Let your voice be heard.  Send your comments to the ABA by November 30th, 2011.

Education, Miscellaneous

#Santorum May Need a San(i)tor(i)um

MP900448338 What’s in a name?  If you’re Rick Santorum, unfortunately, more than you would ever want.  Mr. Santorum is receiving a front-row education on what happens when you lose control of your own identity online.

Identity theft?  Kinda.  SEO optimization gone mad?  Definitely.  I’d call it identity transmogrification (no, it isn’t a word that Calvin made up…).  But that’s what happens when emotion, thought and feeling are removed and we’re left with raw data.  It doesn’t think.  It doesn’t balance.  It just is.

I wonder how effective it might be to yell “Sticks & Stones!” at a computer?

Education, Law Practice Management, Miscellaneous

Annual Meeting Wrap-Up – How Sausage is Made

MP900443693 Well, that didn't go quite as expected.  What I would have liked to do is give you my usual summary on the goings-on and highlight the CLEs I attended.  Unfortunately, because of a full slate of meetings, I attended only a single CLE; and that was the one I presented with Derick Roselli!  I did manage to pop-in to the final twenty minutes of one on privacy, but that was it.

I barely had time to tweet, but if you do follow me, you know that after a Thursday that stretched out to approximately 14 hours of back-to-back-to-back meetings, I endeavored to leave the Long Beach Convention Center at around 10pm, got in my car and…nothing.  Dead battery.  Crap!!!  In came the very generous folks from Hyatt, who got some booster cables, sent a guy over with me and we got it started.  This wasn't as easy as it looked.  The parking garage entrance was locked up tight (no security personnel anywhere to be found), so the guy actually helped me push my car to the entrance – and we boosted it with my car on one side of the security gate and his on the other.  All this while in a suit, no less!

Aside from not being in the mood to have a dead battery after a long day, if one could have picked a good day to deal with a dead battery, Friday was it because I had a light schedule.  I managed to get it done, but didn't get back in time to attend our own LPMT reception at 5:30pm.  I sauntered in – twenty minutes after the event had already ended.  Some of you attended with the intent of meeting with me and I apologize for missing you.

On the personal side, it was a very exciting event for me.  I attended the Council of Sections meeting and saw how the Bar interacts with all of the sections like ours and I also had a really productive meeting with the Bar's Internet Coordinator.  As the only section dedicated to technology, we strive to lead the way and this means maintaining close contact with our counterparts at the Bar so they know what we're up to next.

Our section held a five-hour meeting Saturday (a lunch break was in there somewhere) and it was back to the sausage grinder.  This is the "passing of the torch" event, where the outgoing officers have their final day and turn the gavel over to incoming officers (unofficially).  So, I assumed my Vice-Chair role (officially) the day after the meeting.  We summarized the prior year's accomplishments and mapped out the upcoming year.  It's an ambitious agenda but will be very beneficial to our members.

Our incoming Chair this year is Will Hoffman.  It's my job to do everything in my power to see to it that Will succeeds.  I wish him well.  It's a lot of work!

Sunday, Derick Roselli and I presented our CLE #144 on eDiscovery Facts & Fallacies.  Considering it began at 8:30am on a Sunday morning, we had a good turnout (my headcount was 38) and plenty of healthy Q&A.  We were also pleasantly surprised to discover that we'd been selected for videotaping.  This is great because, for those who didn't see our presentation, they can access it once it's posted on the Bar's website (hint: see program 7 from last year on Mars/Venus).

There you have it.  Four days of heavy activity.  Countless meetings.  One dead battery.  Now, I'm the one who feels like a sausage…

Miscellaneous

Annual Meeting Begins

Hi all.  Well, for me the state bar annual meeting begins with about twelve hours of activity today in Long Beach.  I'm pretty much on the go through my own CLE presentation Sunday morning.  That's the thing about assuming the Vice-Chair's role; they actually expect me to work!

Who knew?

Anyway, I'll be tweeting about the goings-on as usual and hope to get back to a more regular schedule next week.

Cost, Law, Miscellaneous

Braking Bad: #Amazon Stops CA Taxman with Deft Maneuvers

MP900309533 Well…that was the week that was; a shortened holiday week in which I didn't get any opportunities to write (I guess that's what Twitter is for at times…).  I did Tweet about Amazon's fight with the State of California over collecting Sales (Use) taxes.  However, a deal has now been reached.  Why italics?  Because it's not much of a deal.  In my opinion, the winner – at least in the short term – is Amazon, and they accomplished that win through sophisticated use of the political system.

Elevator description: The state passed a law requiring Internet retailers to collect sales (use) taxes beginning July 1st.  Not surprisingly, Amazon wasn't fond of this idea.  They embarked on a course to get a Proposition repealing the law on the upcoming June 2012 ballot.  California wasn't fond of this idea.

What's the deal?  Kick the can.  Everybody stands down for a year.  Anyone else notice that very little is being resolved at the state and federal level?

Why do I feel that Amazon's the short-term winner?  Had they qualified to get the Proposition on the ballot – and with their resources, that wasn't likely to be a problem – the law would have automatically been suspended, pending the outcome of the ballot fight.  So, California agreed to do what would have inevitably occurred on its own.

Thing is, we're still mired in the Great Recession, budgets are upside-down and this gives lawmakers cover to capture more revenue – or at least make the attempt.  We'll see what Governor Brown does next.

As for the long term?  Ask me in a year.  These days, that's considered the long term.

Books & eBooks, Miscellaneous

#SCOTUS Grants Cert in #Cheney v. #Bush, #Powell, #Rice, #Rumsfeld, #Tenet, et al. (2011)

Word came down this morning that the Supreme Court of the United States has agreed to review Cheney v. Bush, et al. I can’t say I’m surprised; but I wonder how they’re ever going to to discern the truth, based upon all of the conflicting testimony.

An old Jewish proverb:  Put two Jews in a room and you'll get three opinions…

Dick_Cheney

Word came down this morning that the Supreme Court of the United States has agreed to review Cheney v. Bush, et al.  I can't say I'm surprised; but I wonder how they're ever going to discern the facts, based upon all of the conflicting testimony.

To briefly review (for those who may be unfamiliar with the details), in August 2011, Cheney testified to a series of events that took place In His Time.  He placed himself at the center of both terms of the Bush (hereinafter referred to as "W") administration. 

Colin Powell, the Secretary of State in W's first term, filed suit in response.  Deposition being held on Face the Nation, Powell contradicted Cheney's testimony and in fact, testified to an entirely different series of events, likening Cheney's account to that of a 'supermarket tabloid'.

This was just the beginning. 

Cheney, apparently unaware of – or unwilling to – abide by the Decision Points testified to by W himself in 2010, also contradicted the former President's account.

In tears, Condoleezza Rice came into my office and told me that I had been right; then made known her intention to join on the side of Powell.  Aside from stating that there was No Higher Honor than serving in W's administration, she's remained mum up to this point.

Her deposition is scheduled for November.

Sources also predict Tenet will enter the fray.  Reached this past weekend At the Center of the Storm [Irene], he said it was a Slam Dunk that a cross-complaint against Cheney was imminent. 

Rumsfeld was queried about his intentions.  He responded, "I know that I know what I'm going to do, but I don't yet know all that I could know, and on advice of counsel, I'll wait until all unknowns are known before you'll, ah, know."

The moral of this story?  These are some of the most powerful individuals in the world, yet even they can't agree on a critical series of events.  Of course, some of this is by design and clearly self-serving – and some is not – but that's the point, isn't it?

Welcome to the wonderful world of litigation…