Category Archives: Cost

Calbar Solo Summit – June 18-20, 2015

Solo Summit 2015It’s that time again, folks.  The State Bar of California Solo and Small Firm Summit will be held at the Newport Beach Marriott from June 18-20, 2015.  I’m presenting program ten this year on Thursday, June 18:

 

Earth(quake), Wind, Fire & Flood: Disaster Planning for the Law Practitioner

Four things are certain in life: death, taxes and disasters. The fourth? The disaster won’t manifest itself in the way you expect nor when you expect it. This program broadens your perception of what a disaster is and – should one occur – guides you through preparing and planning for continuity in your law practice.

I’ve been a fan of this conference for years because it provides a more intimate experience between attendees and presenters.  I hope you join us this year!

Close, But Still TFARR

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Interesting article in the Los Angeles Times on TFARR.  Of course, nobody knows it as TFARR except those who were on the Task Force.  Still, if you're a law student about to graduate and take the bar exam - or you've passed and are about to be sworn in – you'll want to familiarize yourselves with the evolution of proposed mandatory pro bono requirements in California.

For the record, it's the Task Force on Admissions Regulation Reform

Did Netflix CEO Violate Regulation “FB”?

MP900422415If you've already seen the headlines, you know that Reed Hastings, CEO of Netflix, has received a Wells Notice from the SEC.  They're considering taking action on a violation of Regulation FD due to an alleged 'material' disclosure on Facebook that Hastings posted to his 200,000+ subscribers back in July 2012.

The gist of the issue?  The SEC claims that those subscribers received an unfair advantage because they had access to the information in advance of the general public; and presumably traded based on that information.  Naturally, Hastings' view is contra.

Is it a violation?  I dunno.  We're going to see more of these issues arise as social media continues to wend its way into the corporate mainstream.

Perry Segal Discusses the Cloud, Privacy & Attorney Ethics on KUCI Irvine 88.9FM – Monday, Nov. 12th at 8:00 a.m. PST

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I guess the headline says it all, except I'd like to add that the interview will also be available as a podcast via iTunes.  I will also post an MP3 here Monday.

Here's a few of the additional details:

Privacy Piracy (88.9FM and www.kuci.org), a half-hour public affairs show with no
commercials broadcasts from the University of California, Irvine campus on
Mondays from 8:00 a.m. – 8:30 a.m. Pacific Time.  To learn more
about the show and listen to archived interviews, please visit www.kuci.org/privacypiracy.

eDiscovery 101: BYOD = BYOA (ASPIRIN)

MP900438810In the upcoming Calbar book, The California Guide to Growing & Managing a Law Office, I do a side-by-side comparison between the benefits and detriments of BYOD.  I'm sure the same sort of comparison takes place in meetings at all kinds of companies.  There's no doubt that on paper, many aspects of BYOD might yield productivity gains and other benefits for the enterprise.

[Note:  In the book, I lay out information in the format of pros and cons because the goal is to inform a reader of the positives and pitfalls so they can make an informed decision.]

So, what's my opinion?  If I was the consultant, in most cases, I'd likely fall into the 'against' column.  Why?  I'll get to that in a moment.

For those of you who don't know my background, at one time or another, I pretty much did every job on the operations side of IT before I ever became a lawyer.  This allows me to look at facts through a wide-angle lens.  The way my mind works, I literally imagine an issue as a 3-D photograph.  Let's apply that to BYOD:

We start by playing 'swap' for a moment.  Imagine coming into work one morning and all of the desktops are different brands and chipsets; some of them are Windows, but a mix of XP, Vista and Seven, others are Macs with various versions of the O/S and still others are Linux boxes.  Now, you may actually see that in some concerns, for good reason.  But I'm talking about literally a different box on each desk in the office.

That would be kind of hard to manage, wouldn't it?

Maybe it wouldn't seem like it to you, but again, I'm thinking very broadly.  We're not just dealing with realities, we're dealing with expectations.  What do I mean by that?

When I read most of the articles that address BYOD, they speak in terms of locking down various functions on a device, such as email, via Exchange, for example.  But that''s not how I'm thinking; and it won't be how the employees/consultants will be thinking, either.

Nope.  If it's a device supporting their job, they expect everyone up the chain to be able to support the entire device – not just components of it.  And, the enterprise should expect this as well, since a non-functioning device will ultimately affect productivity.

It means that your help-desk, field service technicians, level II (and level III) support will have to be proficient with every make and model of Windows Phone, Blackberry, iPhone and – if you'll pardon the pun – every flavor of Android.  Oh, and did anyone give any thought as to how you're going to back them up in such a manner that the company owns/controls the data?

That's what it means, Jelly Bean.

So, if you're considering BYOD, I hope the decision-makers are taking this into account and formulating policy.  Never mind that I didn't get into the fact that, if litigation arises, staff may have to turn over their personal devices for imaging or examination.  I also didn't get into how growth highly affects BYOD.  We all know the person who runs out and purchases the brand-new, untested, unpatched version of X the moment it's on the market.  Apple Maps, anyone?

I hope you bought the 1000-count bottle…

We are Not Alone

MP900409531A lot of people may not agree with me, but I stand behind this simple advice; assume you are being watched/followed/transcribed/recorded 24 hours a day, seven days a week.

Act accordingly.  Of course, the key is in balancing confidentiality without venturing over the line into paranoia.  I can’t help you, there.  It comes down to using your best judgment.

Or, you can do what Patrick Moran, the son of Congressman Jim Moran, did

It’s Fun, Until Someone Loses an i

MP900427743Heard any negative news coming from Apple, lately?

You've got this great, new O/S, iOS6 and you've got this great, new iPhone 5 causing excitement everywhere.  And, you just happen to be on the team that developed the new 'Maps' software – which is destined to knock Google Maps off of your devices.  Oh…one more detaiL…the thing is obviously not ready for prime time.

Imagine being in the rollout meetings.  What do you do?  Are you going to be the one to tell the boss that they should hold the release?  I wonder if anyone actually tried to do that (and kept their head).  Of course, you may also enter an alternative universe in which you:

  1. Convince yourself that, contrary to the information in front of you, your product is the "Best Maps app ever!"
  2. Convince yourself that only a few people rely on Maps and it won't be a big deal if it isn't 'perfect'
  3. Ignore the issues entirely and release it, anyway

Did Apple choose door #3?  Inertia is difficult to contravene; after all, a body in motion stays in motion.  I'm pretty sure, based on the fallout, if Apple had the opportunity for a do-over, they'd seriously consider another path.  Pretty sure…they do have a history of a, "Damn the torpedoes!" attitude; but, they're certainly not alone.

Lesson #1 – Never replace a superior product with an inferior one.  Even if your product is 'adequate', customers will already have been 'spoiled' by the previous experience and expect an equal – or greater – experience (otherwise, why switch?).  This will only serve to augment the replacement product's shortcomings, as if one trained a magnifying glass on them.

Hey, I'm not a billionaire…I'm sure Apple isn't particularly interested in my opinion.  However, I did notice how quickly the company gave out the name of the manager in charge of developing the app…

As the Beastie Boys suggest, Check Your Head.

eDiscovery California: Upcoming Presentations: CalBar 85th Annual Mtg

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Why have I been missing in action the past couple of weeks?  Because I over-committed, that's why!  Note to self: Don't propose two presentations for the CalBar 85th Annual Meeting, thinking that only one will be selected…WRONG!!!  So, to kick-off my re-appearance on this blawg, here are my two upcoming presentations in Monterey:

eDiscovery eVolution: Crawl, Walk, then Run Your Case!  (Program 25)

Thursday, October 11, 2012  4:15 p.m.-5:15 p.m.

Strategy matters, and litigation is a term of art and a
little showmanship. Learn how to strategize during a case to get the
most out of each other for the clients' benefit.

Presenters:  Perry L. Segal, Derick Roselli

CLE: 1.0 Hour General Credit

This is going to be a good one, because I'm taking the role of attorney (type-casting) and my LPMT colleague, Derick Roselli, takes the role of technology expert; which is his true specialty at HP/Autonomy.  We're going to do a walk-through of a case from the perspective of the attorney consulting with his expert on a case, from start to finish.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The Cloud: Secure? Yes. Ethical? Not so FAST!  (Program 50)

Friday, October 12, 2012  10:30 a.m.-12 noon

It's essential to conduct due diligence regarding a
vendor's security practices to insure the confidentiality of client
data. Even if the data is believed to be secure, it may violate an
attorney's legal/ethical obligations. Learn the next step– assuring
client communications are secure and ethical.

Presenters, Perry L. Segal, Donna Seyle

CLE: 1.5 Hours of Which 1.0 Hour Applies to Legal Ethics

Donna Seyle is another of my LPMT colleagues, and we're going to do a practical examination of attorney ethics rules – both ABA and California – as they pertain to data and social media interaction in the cloud.  Our goal is to explain to attorneys how even a secure cloud may violate ethical obligations to the client if additional precautions are not followed.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

I 'officially' assume the Chairmanship of LPMT at noon, Sunday, October 14th.  Here we go!

Leveraging ActiveSync to Emulate MS Exchange, Part II – Sync Devices

Ok…so you've spent the weekend dutifully configuring your primary database and cloud configuration a la Part I, eagerly (at least, that's what I tell myself…) anticipating Part II; my instructions on how to synchronize your email, calendar & contacts with virtually all of your secondary devices.

The cool thing is, virtually any default or add-on app that supports Microsoft ActiveSync will work with this process.  For example, if you have an Android smartphone or tablet, you can configure Corporate Sync to use the default modules that came stock with your device – at no cost.  Or, since this process sits on a Hotmail backbone, you can use Microsoft's own Hotmail App

But, for a lot of us, we want robust functionality on our mobile devices.  After all, many of us spend more time using those products than our traditional desktop devices (pretty soon, the term 'desktop' won't even be accurate, anymore).  If, like me, you're one of those people, you may want to invest in apps geared to the power-user, such as Touchdown.

However, keep in mind; this is a Microsoft backbone, but it's a free backbone.  Regardless of whether the apps support ActiveSync, their technical support will not be obligated to assist you with the configuration because their products are meant to support true Exchange ActiveSync.  If you experience difficulty, you'll have to throw yourself on the mercy of the particular provider, or hit the support forums.

Basic configuration is actually fairly easy.  Let's take a look at a portion of the default Android Corporate Sync configuration screen:

Droid Corp Sync_75

You have the option of selecting your three sync modules separately.  This is helpful because, for example, I didn't want to use the default settings except to maintain a default copy of my contacts (which is enabled, above).  Then, you simply input your display email address and point to the Hotmail server.  As mentioned in Part I, always make sure you have SSL enabled.  Last (not visible here), input your Hotmail Login ID and password.  That's it!

Now, if you've decided to go the power-route, here's an example of the more robust configuration options available to you in Touchdown:

TD Account AS_75

As you can see, here you must specify ActiveSync, rather than Exchange.  Also, it assumes a domain – which you don't have – but it'll still work with your Login ID.  Sometimes, you need to input the backslash in front of the ID in order to correct for the lack of domain, so if it doesn't work the first time, play around with it a little bit.  You also have a choice of more than one 'reply-to' address.

Server configuration is virtually the same as under the default app above, except Touchdown combines all of the modules under a single icon.  Also, see how it confirms Microsoft IIS/6.0.2.5.

TD Connection AS_75

Now, the power user is ready to access the Advanced tab and configure the numerous options available.  Yes, it really is that easy!

So, what have we accomplished?

  • First, we've established a virtual database that can be archived on the fly and/or exported from the cloud at any time; extremely important if there's a server outage,
  • We're using SSL for better security, and of course, encryption options are available to us as well,
  • Any email, calendar entry or contact that is created, added or modified at one source is automatically propagated to all other resources,
  • Calendar invitations are seamlessly integrated,
  • No need to bcc: ourselves on every sent message,
  • Ability to work seamlessly in standalone mode with auto-sync once re-connected.

Dare I say…everything but the kitchen sync!  Yeah, I had to say it…I feel shame…