FRCP And MetaData – Avoid The Lurking E-Discovery Disaster

An excerpt of a recent white paper I wrote for e-discovery vendor Workshare has been published as an article in Metropolitan Corporate Counsel magazine and is available online here.
The article, “FRCP And MetaData – Avoid The Lurking E-Discovery Disaster,” takes a look at how document metadata is addressed by the recent amendments to the Federal Rules of Civil Procedure relating to electronic discovery.
The money quote:

The new rules do not set up requirements, regulations or specific guidelines for the handling of metadata and specific metadata issues. However, they clearly leave no place for organizations and their legal teams to hide when it comes to metadata. The rules clearly bring the consideration, discussion and handling of metadata to the surface in every case, and eliminate any argument that metadata is not a part of modern discovery practice.

I suspect that most, if not all, readers of this blog already knew that, but I’m always surprised by how slowly lawyers in general are reacting to this changing reality.
And, yes, I will write white papers on a selective basis for legal technology (and other) vendors.
[Originally posted on DennisKennedy.Blog (]
Learn more about electronic discovery at Dennis Kennedy’s Electronic Discovery Resources page.
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Pollard’s Laws of Communication, Collection and Collaboration

Dave Pollard’s post “Knowledge in the Workplace: Have It Your Way” is one that I expect to be revisiting time after time. He’s captured so much of what I’ve been thinking about collaboration tools and pushed my thinking in some new directions. I can’t recommend this post enough.
Money quote #1:

Recently I devised what I called Pollard’s Law for communication and collaboration tools (“they have to be simple and ubiquitous and meet an urgent need, or they won’t be used”).

Money quote #2:

Humans, at least modern ones, have a predilection for wanting to own, rather than share, such bodily extensions, so they are available precisely when, where and how we choose to use them. In the workplace, too, people want their own stuff — their own phones, offices, PCs etc., even when they may be unnecessary to the effective performance of their jobs. So perhaps it is not surprising that we want the information that we get in the workplace, our way, in our own space, organized in the way it makes sense to us.

Money quote #3:

So, just as the most valuable communication and collaboration tools/media will be those that are simple and ubiquitous, the most valuable content-and-collection tools will be those that transfer and deliver information content the way the user wants it, direct to the user’s ‘home space’. Give it to ‘em their way, and they’ll value it, use it, and make it their own.

You’ll also find a thought-provoking table and chart that are essential for anyone working into the world of social networking apps and collaboration tools.
[Originally posted on DennisKennedy.Blog (]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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By Request: Will You Be Reviewing the iPhone?

I’ve been surprised by how many people asked me this question (i.e., more than one).
No, I have no plans to review the iPhone. There are three main reasons:
1. I very rarely do reviews any more – not that I’ve ever written many reviews. I’d much prefer to write a white paper for a vendor than to write a product review. The TechnoLawyer Newswire newsletter I write is series of articles about products, not reviews.
2. My own sad struggles with telephones and cell phones (1) often undercut my credibility as someone who might be considered tech-savvy and (2) are a constant source of comic relief to my friends and family.
3. I want only the simplest things from a telephone, like not changing its settings in my pocket, taking pictures of the inside of my pocket, and not making calls without my knowledge (a phenomenon so common that I recently saw that it has earned the slang name of “butt dialing“). I keep my current phone on the vibrate mode and wanted to take it off the vibrate mode and, after about ten tries, I found myself wondering aloud (somewhat loudly) how the damn thing had no trouble turning itself off of vibrate in my pocket, but that I could not get the vibrate setting changed without studious attention to detail and exquisite timing.
Perhaps I digress.
So, I’m not on tap to write an iPhone review and no one has sent me a review unit, although, in an odd sort of way, I might be the perfect iPhone reviewer. I can’t imagine anyone with a more detached, dispassionate approach to the iPhone than I have.
Interestingly, I’ve recently been reading some of the works of Jorge Luis Borges, one of my long-time favorite authors. Some of my favorite of his writings are the wonderful reviews he wrote of books that don’t exist or imaginary works. I love that idea and the genre.
As I was thinking about the iPhone and product reviews, it struck me that it might be fun to write reviews of imaginary technology products. In a way, articles about the latest technologies have a bit of the imaginary to them, and, frankly, the stories about the iPhone I’ve read over the last few months have a Borgesian feel to them. It will be interesting to see what happens when iPhones finally join the real world and people write about what they are and not what they imagine them to be.
[Originally posted on DennisKennedy.Blog (]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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By Request: Will You Be at the ILTA Conference This Year?

Yes, I will, but not for the whole conference. In fact, I’ll be speaking at two of the sessions.
I really enjoy attending the annual ILTA (International Legal Technology Association) conference. This year’s conference – ILTA ’07 – is the 30th edition of this event. I really enjoy the event’s emphasis on tech (you find only a few lawyers there, and lots of law firm IT people) and the family feel to the event. I learn a ton of things at ILTA.
I’m speaking on panels on using blogs and wikis for KM and on “current awareness” – a fascinating way to describe what RSS, newsreaders and related tools bring us. It’s an honor for me to be part of a stellar group of speakers.
As I mentioned, I’ll only be there for a couple of days and will undoubtedly have a hectic schedule, but I would enjoy getting to visit with as many readers of this blog as possible. Maybe we can also figure out a way to do a little blogger meetup. If you’d like to get together at ILTA, go ahead and email me and we’ll see if we can set something up.
[Originally posted on DennisKennedy.Blog (]
Learn more about legal technology at Dennis Kennedy’s Legal Technology Central page.
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Talking About GPL and Creative Commons for Bloggers

Thanks to Charles Stricklin and Aaron Brazell at the WordPress Podcast, I got to join them and answer questions and talk about intellectual property and licensing issues facing bloggers, with a special focus on Open Source licenses, the GPL (GNU General Public LIcense), and the Creative Commons licenses. We also talked a bit about GPL 3.0. I had a great time talking with Aaron and Charles and recommend their podcast, especially for WordPress users and those thinking about moving their blogs to WordPress. It’s episode #26 for the WordPress Podcast and the episode is here.
The idea of the podcast was to give a general overview of these issues and give people a general framework for considering the licensing issues. There are a lot of misconceptions and questions about these licenses. I hope that the podcast contributes to the general discussion and shows people the nuances and difficulties of some of these issues. I might have raised more new questions than I provided answers.
I’ve written about the Open Source licenses before (see my article here) and our discussion on Between Lawyers about whether to apply a Creative Commons license to our blog is still a great, practical lesson about the issues involved with the Creative Commons licenses.
I also noticed today that Dave Winer has started a discussion about the Creative Commons licenses. I recommend following that discussion as well if you are interested in these licenses, especially if you’ve already applied one to your work.
Link to podcast. Thanks again Charles and Aaron.
[Originally posted on DennisKennedy.Blog (]
Like what you are reading? Check out the other blogs where I post – Between Lawyers (feed) and the LexThink Blog (feed).
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