GPS, Privacy and the Supreme Court Wednesday, 8 February 2012

Source: "Shared" via Dominic in Google Reader | Jeffery Fehrman

Anatomy of an E-Discovery Project Wednesday, 8 February 2012

Source: "Shared" via Dominic in Google Reader | Jeffery Fehrman

Weekly eDiscovery News and Views - February 8, 2012 Wednesday, 8 February 2012

Compiled from online public domain resources, provided for your review/use is this week's update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and announcements.

Follow @InfoGovernance 

eDiscovery News
Content and Considerations

• A-Z on E-Discovery: What Does the Future Hold? bit.ly/A8VqZp (Sofia Adrogue, Caroline Baker)
• Anatomy of an eDiscovery Project – bit.ly/xU1fbY (Brett Burney)
• Box Score: Justice 1, Bullies 0 – bit.ly/zDLbCO (Craig Ball)
• Chinese Ministry of Industry and Information Technology Issues New Data Protection Regulations – bit.ly/ykm0rx (Hunton Williams)
• Consultants Key to Predictive Coding Success – bit.ly/z9Cbji (Albert Barsocchini)
• Costly Moments in E-Discovery: A Landscape for Litigators – bit.ly/y6F7mc (National Law Journal)
• Delaware Federal Court Adopts ‘Standard’ for Unique eDiscovery Issues for Corporate Haven – bit.ly/yzpdY4 (Robert Hilson)
• Device Encryption: The Cure for the (Surprisingly) Common Data Breach – bit.ly/wNU2PL (Chris Andrews)
• eDiscovery Cost Recovery in the Digital Age – bit.ly/xcVeeM (Christopher Boehning, Daniel Toal)
• ESI Sampling and Family Relationships (Google+) bit.ly/zRMLg0 (@OrangeLT)
• Fail-Safe Privilege Protection: The Clawback Agreement – bit.ly/x7tGlV (Chris Marzetti)
• Governance: It Doesn’t Matter What, It Really Matters Who – bit.ly/zDiW6K (Dave Martin)
• KPMG Loses eDiscovery Appeal in ‘Pippins’ Labor Case – bit.ly/ylqeAs (Evan Koblentz)
• LegalTech Takeaways: Cost-Saving Tips, Government E-Discovery – bit.ly/yGT2eO (Evan Koblentz)
• Managing Information in Litigation: How to Avoid Spending a Fortune – bit.ly/AwKAhw (Adam Losey)
• “No Harm, No Foul? No Way.” | Williams Mullen – bit.ly/yVP7EM (Monica McCarroll, Stephen Anthony)
• Ooops, They Did it Again – Jurors Continue to Improperly Use Internet, and Courts Struggle with Solutions – bit.ly/wmffPX (Gibbons)
• Pippins Court Affirms Need for Cooperation and Proportionality in eDiscovery – bit.ly/AuGsUO (Philip Favro)
• Planning is Key in Corporate Fraud Risk Management – bit.ly/x02ZBG (Catherine Dunn)
• SOPA and PIPA Have Been Shelved | eDiscovery Law Alert – bit.ly/AbEFu5 (Erich Falke)
• Technology Assisted Review – Advice from the Experts – bit.ly/Ap9HdA (BLLAWG)
• “The Hacker Way” – What eDiscovery Can Learn From Facebook’s Culture and Management | eDiscovery Team® – bit.ly/AiJRKS (Ralph Losey)
• Voom v. EchoStar: First Department Analyzes When Duty to Preserve Evidence is Triggered – bit.ly/vZOPF2 (Kevin Broughel, James Worthington)
• What Causes Lawyers to Over-Preserve? bit.ly/yidh22 (Craig Ball)

Reports and Resources

• 2011 Year-End Data Privacy and Security Update – bit.ly/xeMiYu (Gibson Dunn)
• 76% of Business Execs Would Pay Premium for Certified Information Professionals – bit.ly/yJcLap (John Mancini)
• AIIM Study Shows Eliminating Paper From Processes Improves Customer Response Times by 300 Percent – bit.ly/z437qz (Marketwire)
• eDiscovery Best Practices: A Staged Look At Process And Law (Google+) bit.ly/Ash9Zd (@OrangeLT)
• Pretrial Practice & Discovery Newsletter | Winter 2012 – bit.ly/xSSMFx (ABA)
• The Role of Aspiration in Corporate Fiduciary Duties – bit.ly/xYXUMA (Julian Velasco)

Technology and Tactics

• Addressing Three Major Email Threats – bit.ly/ykkAv1 (Jeff Orloff)
• Big Data Makes Banks Rethink Storage | InformationWeek – bit.ly/Ahdn10 (Bryan Yurcan)
• Companies Hit With 14,215 Regulatory Announcements Globally In 2011 – bit.ly/xilqhg (Thomson Reuters)
• Data Geeks, Meet Wolfram Alpha Pro – bit.ly/wTMFBk (Mark Hachman)
• Departmental Created Specialized Software: Two Reasons To Relinquish It – bit.ly/zFVDXL (Rees Morrison)
• Email Service, Technology Providers Creating Security Standard – bit.ly/wFc7x2 (ProofPoint)
• Federal Standards Body Focuses On Big Data, Cloud – bit.ly/ymm3Rn (Nicolas Hoover)
• Feds To Employees: Use Your Own Devices At Work bit.ly/w9u3Zf (Elizabeth Montalbano)
• Get Benchmark Compliance Policies in a Mouse-Click – bit.ly/w07FrB (Catherine Dunn)
• How to Protect Your Intellectual Property in the Cloud – bit.ly/xVHt6i (Stephanie Overby)
• How To Write A SAN RFI – bit.ly/Awt8rE (Kurt Marko)
• Many IT Pros Are NOT Encrypting Customer Data – bit.ly/A1R67u (Sharon Nelson)
• Pinterest Hits 10 Million U.S. Monthly Uniques Faster Than Any Standalone Site Ever – tcrn.ch/Ad3pBm (Josh Constine)
• Rejoice, for the PST Capture Tool Has Been Launched! bit.ly/ADUdm0 (Casper Manes)
• Searchandising – Ending Search Engine Dominance? – Retail Gazette – bit.ly/yIiVwv (Roger Mitchell)
• Solid State Disk Drives: There’s a Price for Speed, Safety – bit.ly/wGDZeN (John Roman)
• Tech Spending Remains Strong, Despite Economic Risks and Volatility, According to IDC – bit.ly/xEZ0q7 (Business Wire)
• The Next Big Social Network Is You – bit.ly/xZsBzN (Eric Lundquist)
• The Potential Traps of Cloud Computing – bit.ly/wRCk4t (Timothy Cahn)
• VeriSign Breach May Reaffirm Certificate Authority Security Model – bit.ly/xHTCdf (Ericka Chickowski)

Sight and Sound

• Chris Paskach, Partner at KPMG Forensic Technology Services, on Statistical Sampling – bit.ly/AieW3E (@LXBN)
• CPDP 2012: eDiscovery Panel 1: Basic Principles of eDiscovery | YouTube – bit.ly/wVKKIV (Monique Altheim)
• CPDP 2012: eDiscovery Panel 2: Cross Border eDiscovery in the EEA | YouTube – bit.ly/wVWwtZ (Monique Altheim)
• CPDP 2012: eDiscovery Panel 3: Hot Topics in eDiscovery | YouTube – bit.ly/A8AlBJ (Monique Altheim)
• Judge David Waxse on Gaining Control of EDD Costs – bit.ly/zZXJUt (Monica Bay)
• Looking Back at LegalTech New York 2012: @LXBN TV Shoots 39 Video Interviews – bit.ly/xUa6Mu (Colin O’Keefe)
• Ralph Losey of Jackson Lewis on Predictive Coding and Transparency in E-Discovery – bit.ly/y9Dw8m (@LXBN)
• Spencer Aronfeld on Social Media Use by Lawyers Before a Trial – bit.ly/A2PYSR (@LXBN)

Twitter Hashtags of the Week

• #PredictiveCoding
• #eDiscovery

Vendor Views
Industry Landscape

• AccessData® Nominated “Best Security Solution” and “Top Solution Providers to Watch For in 2012” bit.ly/xEW3Eu (Business Wire)
• Actiance Expands Reach Into Federal Sector With AltaTek Partnership – mwne.ws/zZFKmA (Marketwire)
• Arkeia Software Formalizes Industry Advisory Board – bit.ly/AvRc2T (Press Release)
• Catalyst Releases Insight for General Availability – bit.ly/xOGkbM (Press Release)
• CommVault Announces Third Quarter Fiscal 2012 Financial Results – bit.ly/zSRzlG (Press Release)
• Complete Discovery Source Expands Into San Francisco and Chicago – bit.ly/yirUSC (Marketwire)
• Concept Searching Announces the Smart Content Framework™ – bit.ly/zctp8c (PR Web)
• D4 Expands Further into the Florida Market – bit.ly/wsVKgK (PR Web)
• eDiscovery Journal’s Take:  Guidance Software Acquires CaseCentral – http://bit.ly/yZXvgw (Barry Murphy)
• Guidance Buys CaseCentral to Make End-to-End eDiscovery Platform – bit.ly/wj0hY3 (Sean Doherty, Brendan McKenna)
• Guidance Software Reports Q4 2011 Financial Results – bit.ly/xjYDIN (Business Wire)
• Guidance Software to Acquire CaseCentral – bit.ly/Aroc78 (Press Release)
• Information Symmetry: Guidance Software Buys CaseCentral — Enterprise Strategy Group – bit.ly/zzQZTJ (Katey Wood)
• Investors Bet On Open Text After Solid Beat In Q2 – bit.ly/xRBhWu (Peter Barlas)
• KPMG Releases New Discussion Paper on e-Discovery Statistical Sampling – prn.to/ybIFN5 (PR Newswire)
• Kroll Ontrack Develops Unique Capabilities That Improve Data Recovery from Solid State Media – bit.ly/yTaThe (Business Wire)
• LegalTech Recap: Big Data, ECA, Enterprise Dropbox and Cocktail Party – bit.ly/zgMwQb (Joshua Kunkle)
• Merrill Corporation’s Julie Colgan Elected President of ARMA International – bit.ly/xvcNmt (Business Wire)
• New York State Bar Association Brings Recommind’s Decisiv Search to NYSBA.org – bit.ly/AhrwS4 (Press Release)
• Nextpoint Introduces Discovery Cloud WIRE™ Technology, Enabling Direct Exchange of Data in Discovery – bit.ly/yn94eT (PR Web)
• OrangeLT™ and Marathon Document Solutions Partner in Denver for eDiscovery – bit.ly/yJ5qiM (@OrangeLT)
• Passware Contributes to Mac Forensics by Decrypting FileVault – yhoo.it/wSm4RF (PR Newswire)
• Pinsents and McGrigors Confirm Merger Under Pinsent Masons Brand – bit.ly/A57BCj (Rose Orlik)
• Pitney Bowes: Christopher Johnson Appointed Vice President, Product Management of Volly™ – bit.ly/xxbmFv (Press Release)
• Polsinelli Shughart Adopts Ipro Eclipse Across Its 16 Offices – bit.ly/zLeRzh (Brendan McKenna)
• PureDiscovery Launches LegalSuite V2.1 Adding “Focus” Semantic Search Visualization – bit.ly/wZwkki (PR Web)
• Robbins Umeda LLP Selects Relativity for e-Discovery Document Review – bit.ly/w7Mj47 (Press Release)
• Tim Kenney to Manage New Client Services Group at Handshake Software – bit.ly/zuUsrm (Press Release)
• What the SAP Agreement Means for ISYS – bit.ly/ycTNy6 (Bob Smith)
• X1 Social Discovery Collects Data in Social Networks – bit.ly/xaZDyK (John Waters)

2012 eDiscovery Events

MARCH

LegalIT Business Show March 6 - 7, 2012
London, UK

IP Counsel Forum
March 7 - 8, 2012
San Jose, CA

AIIM 2012 Conference
March 20 - 22, 2012
San Francisco, CA

The Sedona Conference Institute's 6th Annual Program on Staying Ahead of the eDiscovery
Curve
March 22 - 23, 2012
St. Louis, MO

ABA TECHSHOW 2012
March 29-31, 2012
Chicago, IL

APRIL

ACEDS 2012 Conference
April 2 - 4, 2012
Hollywood, FL

Hosting and Cloud Transformation Summit – Europe
April 2-3, 2012
London, UK

12th Annual Super Conference
April 23 - 24, 2012
Chicago, IL

MAY

2012 World Technology Law Conference & Annual Meeting
May 3 - 4, 2012
Washington, DC

INSIGHT 2012 Law Firm IT - Conference and Exposition
May 8 - 9, 2012
London, UK

EDRM 2012 - 2013 Kickoff Meeting
May 16 - 17, 2012
St. Paul, MN

CEIC 2012
May 21 - 24, 2012
Summerlin, NV

LegalTech West Coast 2012
May 22-23, 2012
Los Angeles, CA

JUNE

ILO Global Counsel Congress
June 14, 2012
New York, NY

JULY

Carmel Valley eDiscovery Retreat
July 22 - 24, 2012
Carmel, CA

AUGUST

ILTA Annual Conference 2012
August 26 - 30, 2012
Washington, DC

SEPTEMBER

Intermountain eDiscovery Conference 2012
September 13, 2012 (Planning)
Salt Lake City, UT

ACC Annual Meeting
September 30 - October 3, 2012
Orlando, FL

OCTOBER

EDI Leadership Summit 2012
October 17 - 19, 2012
Fort Lauderdale, FL

Source: "Shared" via Dominic in Google Reader | Rob Robinson

Florida's Emails Move to the Cloud Wednesday, 8 February 2012

Source: "Shared" via Dominic in Google Reader | Jeffery Fehrman

Reducing the Federal Government Real Property Footprint 2012 – Civilian Property Realignment Act – CPRA – H.R. 1734 Wednesday, 8 February 2012

Source: "Shared" via Dominic in Google Reader | pcholakis

Guidance Software to Acquire CaseCentral Wednesday, 8 February 2012

PASADENA, California. – Feb 7, 2012 – Guidance Software, Inc. (NASDAQ: GUID) today announced it has signed a definitive agreement to acquire privately-held CaseCentral, Inc., a leader in the electronic discovery (e-discovery) market for Cloud-based review and production software.

“The acquisition of CaseCentral will bring together the industry leaders for both on-premise and Cloud-based e-discovery software. We will deliver the best of both worlds to customers by offering the most complete, integrated and innovative software in the e-discovery market,” said Victor Limongelli, president and chief executive officer of Guidance Software. “The combined organization will be the largest pure-play e-discovery software company, with nearly 500 total employees, and thousands of users.”

This acquisition will extend Guidance Software’s market leadership by delivering a complete e-discovery platform addressing the e-discovery needs of corporations and government agencies. The combined product portfolio will deliver to customers increased efficiency and automation, as well as lower risk for e-discovery activities. The integrated solution will span from legal hold to identification, collection, preservation, processing, first pass review, and, now with CaseCentral’s market leading software-as-a-service (SaaS) offering, best-in-class early case assessment (ECA), review and production capabilities.

The combined offering deploys software intelligently, with EnCase eDiscovery delivering the legal hold, identification, collection, preservation, and processing functions on-premise, at the customer site – close to the sources of data and the data custodians – and CaseCentral delivering the ECA, review and production functions as SaaS in the Cloud, so that geographically dispersed inside and outside counsel can efficiently review collected documents without needing any special equipment or software other than a web browser and internet connectivity.

The integration of EnCase eDiscovery with CaseCentral will quickly provide additional value to customers, scaling from support for single-case requirements to multi-case, multi-party requirements. Further, the unique EnCase eDiscovery Collected Data Reuse capabilities, coupled with the unique CaseCentral centralized, multi-matter legal repository provide immediate benefit to customers by automating searches, reducing over-collection of ESI, lowering spoliation risk, re-using attorney work product where appropriate, and avoiding inadvertent production of confidential or privileged client data. See http://www.encase.com/only-with-encase.htm for more information on Collected Data Reuse and http://www.casecentral.com/enterprise.php for more information on multi-matter capabilities. These capabilities, among others, help customers to standardize e-discovery processes and drive down the risk, time and cost of e-discovery.

“CaseCentral has pioneered many significant e-discovery industry developments, including the delivery of e-discovery software via the Cloud and a centralized legal repository with multi-matter, multi-party and re-use capability,” said Chris Kruse, founder, president and chief executive officer of CaseCentral. “We are excited about joining forces with Guidance Software, as we will be well positioned to capitalize on the market’s tremendous potential and define the next generation of e-discovery solutions, benefitting both Guidance and CaseCentral customers, partners and employees.”

Under the terms of the agreement, Guidance Software will acquire CaseCentral for upfront consideration of approximately $17.1 million, consisting of $8.3 million in cash, $8.3 million in Guidance Software common stock, and the assumption of $0.5 million of debt, net of cash. Depending on CaseCentral’s SaaS revenue growth, Guidance Software may pay up to an additional $33 million in cash over the next three years. The transaction is subject to customary closing conditions and is expected to close during the first quarter of 2012. Guidance Software expects the transaction to add approximately $10 million in SaaS revenue in 2012, and to be slightly dilutive to slightly accretive to 2012 non-GAAP EPS and accretive to 2013 non-GAAP EPS.

Atlas Technology Group acted as financial advisor to Guidance Software in this transaction.

Source: "Shared" via Dominic in Google Reader | Brad Jenkins

The Potential Traps of Cloud Computing Wednesday, 8 February 2012

Source: "Shared" via Dominic in Google Reader | Jeffery Fehrman

Imperative Number 2 of 6 Facing Information Professionals - Digitize Processes Wednesday, 8 February 2012

-----

Get these new research papers by Andrew McAfee:

• When Social Meets Business Real Work Gets Done - Enterprise Q&A
• When Social Meets Business Real Work Gets Done - Fostering Innovation
• When Social Meets Business Real Work Gets Done - Connecting Sales and Marketing

 

Source: "Shared" via Dominic in Google Reader | John Mancini

Art Business and Social Media in Loudoun County, VA Wednesday, 8 February 2012

Yesterday's Loudoun Economic Development Commission meeting was full of interesting items relating to the business of promoting, revitalizing and expanding Loudoun County's economic base - including recent "Beta" launch of the New Department of Economic Development Brand and Website (try it out, provide feedback!), plus an announcement by the Chamber of their new "Rail to Loudoun" website initiative soon to come.

One of the more compelling and integrated-community initiatives was the discussion about whether Loudoun should implement an "Arts and Culture District" to support the Leesburg District. The relationship between economic development and a strong arts and culture environment is indisputable - as was put "the more businesses that are attracted and retained in the area, the more the arts and cultural district will flourish, thereby creating more foot traffic and revenue for the Town and County."

Read more at the Gateway to Loudoun County business and community blog...

Source: "Shared" via Dominic in Google Reader | noreply@blogger.com (Ted McLaughlan)

Guidance Buys CaseCentral for End-to-End E-Discovery Tuesday, 7 February 2012

Pasadena, Calif.-based Guidance Software has announced its acquisition of CaseCentral, bringing customers software and services from collection to review in an end-to-end e-discovery platform, report LTN's Sean Doherty and Brendan McKenna.

Before it bought CaseCentral, Guidance had used third parties during trial preparation to conduct further review and analysis of its customers' collected data. With San-Francisco-based CaseCentral's focus on hosted review, Guidance can now analyze, cull, and review collected data, de-NISTed using EnCase Forensics.

Guidance will acquire CaseCentral for $17 million under the terms of the agreement and anticipates the acquisition will add $10 million in software-as-a-service growth in 2012.

Read the whole story, "Guidance Buys CaseCentral to Make End-to-End E-Discovery Platform."

Logos courtesy of Guidance and CaseCentral

Source: "Shared" via Dominic in Google Reader | Michael Roach

Sidley Austin: Notable Cases and Events in E-Discovery Tuesday, 7 February 2012

Source: "Shared" via Dominic in Google Reader | (author unknown)

We're now accepting sponsors for our May and October seminar series - while they last Tuesday, 7 February 2012

Call for Sponsors: AIIM Process Revolution Seminars – 13 Cities in 2012 AIIM has opened the call for sponsors for our 13-city Seminar Program to be held in May (West) and October (East) 2012. With 72% of the organizations we've surveyed looking to add capabilities to their current ECM deployments; AIIM events are seeing double-digit growth. We invite our sponsors to help us inform and educate attendees in this face-to-face event series. We'll be showcasing the latest in Content Capture and Process Automation, Mobile Collaboration and the role of Cloud solutions for content management. For more sponsorship details, check out this PDF. May Schedule • May 1: Houston • May 3: Dallas • May 8: Denver • May 10: Los Angeles • May 15: Seattle • May 17: San Francisco October Schedule • Oct 2: Minneapolis • Oct 4: Chicago • Oct 10: Toronto • Oct 16: Washington, DC • Oct 18: Atlanta • Oct 23: Boston • Oct 25: NYC Event Highlights • 1 day event from 8am – 2pm • Avg. 325+ total registered per event – all leads passed on to you • Avg. 175+ in-person attendees • 25-minute case study speaking sponsored sessions (optional) • Table-top booths • Host of roundtable meet-up discussions • Significant exposure onsite and in promotional materials Cost • $3,500/city: Table-top Demonstration sponsorship*  • $6,360/city: Speaking/Demo sponsorship* *trade membership, small business and multi-city package discounts available  Our seminar program consistently attracts users who are tasked with IT purchase decisions. They come to hear from vendors about how your solution can solve their information management challenges. Join us in this turn-key sponsorship opportunity for in-person engagement all day – and a full lead list averaging 325 names per event. Next Step: Please contact Amy Michalski for more details. Amy Michalski 585-349-1306

 

Source: "Shared" via Dominic in Google Reader | John Mancini

Eliminating Paper from Processes Improves Customer Response Times by 300% Tuesday, 7 February 2012

Today we released a new industry watch research paper, titled “The Paper Free Office - Dream or Reality.” The research finds that removing paper from business continues to be challenging, despite data that shows significant responsiveness and productivity gains in customer service when paper-based bottlenecks are eliminated from business processes.

Speed of response times are also realized by employees working remotely in the field or home offices when the ability to share and search is improved by using digitized content. According to Doug Miles, director of market intelligence at AIIM, “The earlier in the process that capture takes place, the better the transparency and availability the content will have. The data is available to the process faster, and paper forms handling is eliminated.”

Key findings of the research conducted between November 2011 and January 2012 show:

• Paper is beginning to disappear, with 35 percent of respondents confirmed less paper consumption and photocopying.
• 42 percent of scanning and capture projects achieved a payback period of 12 months or less, while 57 percent of projects achieved payback in 18 months or less.
• Mobile and cloud services for scanning and capture are finding early adopters in the enterprise.
• 38 percent of respondents are equipping employees with portable capture devices when not in the office, including portable scanners, smart phones and tablets.
• 20 percent of the largest organizations are committed to a cloud deployment strategy for capture.
• Scanning and capture can seriously improve customer response times - typically between 2 and 3 times faster, but in many cases 5 and 10 times faster.

Despite significant benefits realized by paper-free organizations, some poor habits persist:

• 77 percent of invoices that arrive as PDF attachments are printed, while 31percent of fax invoices are printed and then re-scanned.
• 45 percent of documents that are scanned were completely “born digital”.
• 32 percent of organizations reported an increase in the level of paper consumption and copying.

The full report, “The Paper Free Office - Dream or Reality” can be downloaded from the AIIM web site at http://www.aiim.org/Research/Industry-Watch/Paper-Free-Capture-2012.  If you need more detail, please contact Doug or me or our press contact, Laurinda Hoffman and McKenzie Worldwide (laurindah@mckenzieworldwide.com or 503-475-8815).

-----

This research has been underwritten by: ABBYY, EMC, IBM, Kofax, and Swiss Post. Here is a bit of background on AIIM and on the sponsors of the report...

About AIIM 
AIIM has been an advocate and supporter of information professionals for nearly 70 years. The association’s mission is to ensure that information professionals understand the current and future challenges of managing information assets in an era of social, mobile, cloud and big data. Founded in 1943, AIIM builds on a strong heritage of research and member service. Today, AIIM is a global, non-profit organization that provides independent research, education and certification programs to information professionals. AIIM represents the entire information management community, with programs and content for practitioners, technology suppliers, integrators and consultants.

About ABBYY 
ABBYY ® is a leading provider of document recognition, document capture, and linguistic technologies. The key areas of ABBYY's research and development include document recognition technologies and applied linguistics. Paper-intensive organizations from all over the world use ABBYY solutions to automate time- and labor-consuming tasks and to streamline business processes. www.abbyy.com. 

About EMC 
EMC Corporation is a global leader in enabling businesses and service providers to transform their operations and deliver IT as a service. Fundamental to this transformation is cloud computing. Through innovative products and services, EMC accelerates the journey to cloud computing, helping IT departments to store, manage, protect, and analyze their most valuable asset—information—in a more agile, trusted, and cost-efficient way. www.EMC.com.

About IBM Enterprise Content Management 
IBM Enterprise Content Management solutions enable the world’s top companies to make better decisions, faster. As a market leader in content, process and compliance software, IBM ECM delivers a broad set of mission-critical solutions that help solve today’s most difficult business challenges: managing unstructured content, optimizing business processes and helping satisfy complex compliance requirements through an integrated information infrastructure. www.ibm.com/software/data/ecm.

About Kofax 
Kofax plc is the leading provider of capture driven process automation solutions. Kofax solutions provide a rapid return on investment by automating information intensive processes and by managing the capture of information in a more accurate, timely and cost-effective manner. Visit www.kofax.com.

About Swiss Post
Swiss Post Solutions (SPS), a division of Swiss Post, offers a comprehensive range of document and business process outsourcing services. With 7000 people working across Europe, North America and Asia and with access to an extensive partner network, SPS is able to provide its clients with on, near or off-shore document capture and processing options for automating business processes. Visit www.swisspostsolutions.com.

 

 

Source: "Shared" via Dominic in Google Reader | John Mancini

Breaking News: Pippins Court Affirms Need for Cooperation and Proportionality in eDiscovery Tuesday, 7 February 2012

The long awaited order regarding the preservation of thousands of computer hard drives in Pippins v. KPMG was finally issued last week. In a sharply worded decision, the Pippins court overruled KPMG’s objections to the magistrate’s preservation order and denied its motion for protective order. The firm must now preserve the hard drives of certain former and departing employees unless it can reach an agreement with the plaintiffs on a methodology for sampling data from a select number of those hard drives.

Though easy to get caught up in the opinion’s rhetoric (“[i]t smacks of chutzpah (no definition required) to argue that the Magistrate failed to balance the costs and benefits of preservation . . .”), the Pippins case confirms the importance of both cooperation and proportionality in eDiscovery. With respect to cooperation, the court emphasized that parties should take reasonable positions in discovery so as to reach mutually agreeable results. The order also stressed the importance of communicating with the court to clarify discovery obligations.  In that regard, the court faulted the parties and the magistrate for not seeking the court’s clarification with respect to its prior order staying discovery. The court explained that the discovery stay – which KPMG had understood to prevent any sampling of the hard drives – could have been partially lifted to allow for sampling. And this, in turn, could have obviated the costs and delays associated with the motion practice on this matter.

Regarding proportionality, the court confirmed the importance of this doctrine in determining the scope of preservation. Indeed, the court declared that proportionality is typically “determinative” of a motion for protective order. Nevertheless, the court could not engage in a proportionality analysis – weighing the benefits of preserving the hard drives against its burdens – as the defendant had not yet produced any evidence from the hard drives to evaluate the nature of the evidence. Only after the evidence from a sampling of hard drives had been produced and evaluated could such a determination be made.

The Pippins case demonstrates that courts have raised their expectations for how litigants will engage in eDiscovery. Staking out unreasonable positions in the name of zealous advocacy stands in stark contrast to the clear trend that discovery should comply with the cost cutting mandate of Federal Rule 1. Cooperation and proportionality are two of the principal touchstones for effectuating that mandate.

Source: "Shared" via Dominic in Google Reader | Philip Favro

The “BIM Vendor” Problem? New Graphisoft-Archicad White Paper Tuesday, 7 February 2012

Okay, I know they are trying… “they” being major “BIM” vendors such as Autodesk/Revit…and a far second Graphisoft/Archicad.  But, are these folks a significant part of the reason why BIM isn’t taking hold?  Why BIM is so misunderstood?

Both of these folks appear to have taken the approach to market BIM primarily to architects and as a 3D design tool.   This is really too bad.   True, 3D is nice… but VISUALIZATION is better.  By visualization, I mean the the ability to “view” building life-cycle data…  buildings, systems, subsystems, line items, components, costs, conditions, vs. time and vs. various what-if scenarios.  And BIM is really the “life-cycle managemen of a facility (any built structure) supported by digital technology”.

So… back the recent Graphisoft – Archicad white paper titled “Is your firm positioning for growht and greater differentiation?”.  Here’s a few quotes and my comments…for what it’s worth.

“Without a doubt, BIM has disrupted the the design profession.” – Really?  BIM is just about design?  I don’t think so.  Also, has it disrupted the design profession? No.  And it won’t until collaboration is real and the focus is upon process…especially integrated project delivery (IPD) and it’s cousin job order contracting (JOC) and similar performance-based, inclusive methods.

“It (BIM) challenges firms to adapt to a new landscape where the architect is playing radically different roles in the building process” – Again with the architects.  BIM is about day one collaboration among ALL stakeholders…with the Owner/Building User at the center.  Oh, an by the way, the changing landscape is due altered global economics and climate change issues……those are the drivers.

The paper goes on to focus upon architects and technology.  BTW, the disruptive aspects of BIM…. are the collaborative process aspects and cloud computing… the pretty 3-D stuff is nice.. not saying it isn’t… but clearly not the key to changing our AECOO sector…or meeting some very difficult challenges for all of us.

Get_There_Faster_With_ArchiCAD

 

 

 

Source: "Shared" via Dominic in Google Reader | pcholakis

My Google Profile Friday, 16 July 2010

Check out my new Google profile.

Source: Dominic's shared items in Google Reader | (author unknown)