Yet Another Redaction Infraction

As reported on Law.com, a plaintiff's firm against GE in a class action sex discrimination case improperly redacted filings appearing on PACER, allowing readers to copy and paste the sensitive redacted text into another program like Word. Sounds like the classic mistake of adding black boxes without stripping the underlying text. I'm surmising they filed PDFs which is usually the standard in e-filing.

Taking the plaintiff firm's spokesperson at their word (I'm assuming the leak wasn't intentional), it sounds like it was a mistake made from ignorance. The article reports that they were working to correct the problem by making emergency, corrected filings with the federal court clerks. At that point, it's probably best thing they could do to prevent further inadvertent disclosures. But how do you unring the bell?

Rather than restate the article (which I recommend reading as a cautionary tale), I'll add that law firms and corporate law departments still need to be vigilant in the proper way to redact electronic documents. Historically, Adobe Acrobat did not provide appropriate redacting tools (a point I've suggested to them over the years and to which they listened by adding redaction in Acrobat 8 Professional -- but take note, it's not in the Standard version). So firms running on older versions of Acrobat or other PDF tools without built-in or third-party redaction tools (such as Redax from Appligent), remain at risk. By the way, Acrobat 9 was just announced and will likely ship in the next month or so. The same caveat re: Standard-sans-redaction applies per Acrobat's Feature Comparison Table.

If you haven't already invested in these tools, your process may be similar to this:

- Justifying the need for the proper tools (um, just read the article above)
- Communication to the legal staff as to why they are required, using real world examples to demonstrate the impact and that it's not just a hypothetical
- Investment in the appropriate software tools
- Training and practice for the legal staff actually performing the redaction, and it's not a bad idea for supervising attorneys to at least understand the underlying principles (as the plaintiff's lead counsel said, "I didn't know that.")

If your organization is already using appropriate redaction tools (you are, right?), it's probably a good idea to have redaction "tune-ups" with your staff. Meaning, reviewing and/or creating documentation for the standardized and firm-approved process of redacting documents, holding periodic refresher and new user training (consider "on-demand" video training snippets for training or follow-up support so busy professionals can fit it into their schedule), and consider making it part of the organization's overall risk management initiatives so it's at least on the radar. While you're at it, you might want to take a look at how many people actually know how to properly secure or lock a PDF, particularly those posted to external sources such as web sites.

For other helpful resources, the NSA (yes, that NSA) published a guide several years ago describing how to redact documents after the federal government suffered several information breaches and embarrassments from improper redaction efforts. There are also several very informative blogs dedicated to using PDFs in the legal market, such as Acrobat for Legal Professionals and PDF for Lawyers, both of which have definitely addressed redaction issues.

While these tools have significant price tags, as the saying goes, "an ounce of prevention..." Taken into perspective, an organization is likely going to incurs costs far greater than software and training when dealing with just one of these mis-redaction incidents. Sounds like a pretty good ROI to me.

Norton SystemWorks "Deranges" Your Hard Drive?

Well, many of us in legal tech circles have suspected for years that Norton SystemWorks often caused more PC problems than it cured. Imagine my surprise to see it "confirmed" on a Symantec renewal web page while checking out the price to renew my Norton Internet Security suite subscription (of which I recommend the 2007 version and newer as it's been noticeably improved):

I think they were going for "defragments", but yet another reason to have a second, perhaps more technically inclined person double-check your sales content.

Just for fun, here's the definition for "derange" from Dictionary.com, which pretty much sums it up, especially #3 if you need to go through outsourced tech support these days:

(Please note this post is intended purely for entertainment purposes only, à la Jay Leno due to the obvious typo.)

Breaking through the ESI Inaccessibility Wall - Feature Guide

My latest article, "Breaking through the Inaccessibility Wall -- A New Angle", is published in the current February/April 2008 issue of Litigation Support Today magazine. You can download the PDF reprint here.

Corporate counsel struggling with records retention should be among the first to read this, as their regular business information can be used against them in unforeseen ways. Indeed, my alternate title for this practical guide is "Call the Help Desk, Your Accessibility is Showing". From discussions with various corporate and outside counsel, a common misconception under the new rules is that backup tapes are an inaccessible “safe harbor” media as long as one asserts they are only used for disaster recovery. Depending on the specific facts, this could prove to be a costly assumption as newer decisions consider the totality of the burden and cost under Rule 26(b).

As a result, I suggest a novel but very practical approach to challenge or confirm an opposing party's assertions using business intelligence methods and their own data. In accessibility matters, courts are increasingly demanding objective data on which to base their discovery rulings rather than relying upon subjective arguments and affidavits claiming excessive time and expense are required. It’s also contemplated in the Committee Notes regarding sampling and other techniques.

As an example, corporate help desk logs can be used to quantify the frequency and purposes for which backup media are being accessed. However, other seemingly mundane systems and data may be useful and relevant. This further illustrates why companies continue to need savvy e-discovery professionals to bridge the legal/IT gap and identify opportunities and weaknesses others have missed. I also provided an update on how the backup technology landscape is changing and what you should know about it when dealing with ESI accessibility issues.

2008 Corporate Legal Technology Trends @ InsideCounsel

From insourcing the e-discovery process to automated document review, the world of legal technology is rapidly changing. If you missed LegalTech New York or just want to keep up on the current trends, my latest InsideTech column at InsideCounsel will bring you up to speed.

Among other hot topics, LegalTech was brimming with discussion on the Qualcomm fallout, records retention, proactive approaches, and automated review. In addition, I covered key issues such as cost reduction, the effects of globalization, data privacy, and outsourcing/insourcing. With recessionary concerns on the rise, corporate law departments are being asked to do more with less, and these issues will continue to compound through 2008 and into 2009.

Word 2007 -- A Tale of Two Experts @ LegalTech NY

It was the best of times: While making my way through the vendor hall jungle at LegalTech NY, I had the pleasure of catching up with Donna Payne (Payne Group) and Sherry Kappel (Microsystems). I always find time to seek out these document technology savants, and this week's discussions were as helpful as ever.

My personal opinion is that Office 2007 is the clear winner from Microsoft this past year (definitively overshadowing Vista), and the massive improvements are well worth the office suite upgrade and third-party integration efforts. Sherry insightfully observed that with Word 2007's linked styles right out of the box, firms are likely going to need to pay even more attention, not less, on training and reinforcing solid style usage with their user base. As Sherry mentioned in a recent ILTA publication, if you're not automating your document practice, then how are you going to maintain your margins when your corporate clients demand a substantial rate cut? Also, she noted that the new XML format, while adding some needed document file stability, also adds a bit more complexity due to the XML intricacies.

Donna Payne and I had some techno.fun comparing and contrasting Word's built-in Document Inspector capabilities to a dedicated metadata scrubber such as Payne's Metadata Assistant. On one hand, it would seem that Word's built-in Document Inspector gets the job done. Both Donna and I have used it and found it to be effective, especially in a pinch where you're working on a simple document and just need a quick scrub before sending it off to someone. When you want to remove just about everything, it pretty much does the trick. But in comparing notes, we quickly agreed it has several fundamental weaknesses:

1) No Workflow: In other words, when using Word's Document Inspector, you have to remember to manually scrub and save the Word document before you start the e-mail process. Third-party scrubbers add the necessary workflow which allows you to scrub the file as part of the e-mail attachment process.

2) No Selective Scrubbing Within Each Category: For each of Word 2007's five scrubbing categories, it only offers you an "all or nothing" approach for the items in that particular category. There is no middle ground. So if you want to scrub only some of the document property fields, but keep a few like "Author" and "Title", you'll need to first remove all of that category's metadata, and then manually retype in the few you want to retain. And that's a bad thing, because you can lose useful or necessary metadata in the process if you're not careful.

So while we've seen very substantial improvements in Word 2007, firms and companies will still need to assess their overall practice workflow and specific scrubbing needs, and it will likely take third-party add-ins to more fully address them.

See You in the Big Apple for LegalTech!

You can tell it's only a few days before LegalTech NY when your inbox is bulging with vendor press releases and requests to meet at the show. Coupled with ILTA's involvement and their great educational tracks, and additional events such as Envision Agency's inaugural InsideLegal™ Business Summit, it's shaping up to be a good show.

Most of all, I'm looking forward to catching up with many of my friends and colleagues, making new contacts, and taking in the new developments, product launchings, and various briefings. As expected, the show is heavily dominated by EDD players, and shows like LegalTech are a great way to stay abreast of the various methodologies and solutions offered in this busy, busy market space. It seems like just about every day I'm hearing of a new product, service, or partnership, so I'm looking forward to getting an espresso-like jolt at the show. If you're there, look me up.

My InsideCounsel Column on Technology Counsel

My next column is available at InsideCounsel, which explores the emergence of the Office of Technology Counsel. I've been hearing and indeed have engaged in more and more discussions in the legal market about how most companies are still nowhere near where they need to be in their litigation readiness. While it is improving somewhat, slowly, and likely under the pressure of sanction avoidance, the lawyer/IT gap is still a major challenge, as is the capacity of their interdisciplinary teams to handle both their regular day jobs along with these increasing duties.

Add into the mix recent case developments such as the Qualcomm vs. Broadcom imbroglio, and it's easy to see where communications and overall e-discovery coordination are still breaking down between the team players. I think those companies experiencing the most pain, and more importantly, those willing to learn from it, will be exploring additional organizational changes. We've already seen this in the wake of SOX and other regulatory requirements with the establishment of compliance offices. Those seeking to understand an Office of Technology Counsel's place in the organization can refer to my mission quote from the column:

"In short, this office’s mission is to transform the organization from one of reactive fire drills and ad hoc processes into a well-oiled machine to enhance repeatability, accountability, predictability and overall risk management. When done well, this translates into enhanced defensibility."

The article includes a bullet list of related duties, some caution when developing the Office's reporting structure, and help on where you can find a suitable Technology Counsel candidate.

ACC Survey Reveals Key Trends with In-House Counsel

Law.com has a great AP write-up on the 2007 ACC/Serengeti Managing Outside Counsel Survey, a collaboration between the Association of Corporate Counsel (ACC) and Serengeti Law, released at ACC's Annual Meeting on Monday in Chicago.

From my perspective, here are some of the key take-aways:

1. In-house counsel are utilizing more systems, such as e-billing and matter management, to perform more business intelligence (BI) and metrics-based evaluations of their outside counsel's performance.

This should come as no surprise to anyone working with corporate legal technology. Better tools exist today, and law departments are able to either consolidate some of their data silos or at least push/pull data more meaningfully from various sources. More comprehensive reporting tools and dashboards enable more insightful analyses and comparisons of outside counsel performance on a number of key indexes. In addition, matter-centric systems allow better data normalization, data integrity, and integration of workflows.

In addition, in-house counsel are much more likely to use these systems to maximize discounts for early payments, also known as fast-pays. When outside counsel budgets are in the millions, or hundreds of millions, even a small discount adds up to significant dollars. In return, outside counsel benefit by having on-time and reliable positive cash flows with little or no collection effort.

2. Law firm extranets are declining as in-house counsel prefer to utilize client-centric systems.

It's difficult to do proper BI and pull your data together if it's spread among both in-house and a number of outside firms' systems. A common complaint among in-house counsel is having to log into multiple outside counsel and in-house systems to gain access to all their information. Depending upon the number of outside firms, it can be inefficient for in-house counsel to learn how to navigate different outside systems and manage multiple logins. In my opinion, internal (or alternatively, some ASP-hosted) web-based systems are on the rise for ease of access and collaboration while reducing desktop support.

3. As a result, corporate counsel are setting more rules for their relationship with outside counsel.

This goes beyond setting billing rates, as corporate counsel are including requirements for early assessments and regular updates, as well as technology expectations and data formats. In-house counsel are likely to continue increasing the number of rules in their outside counsel guidelines.

4. Corporations have heightened legal compliance concerns.

The complexity of regulatory requirements is increasing, along with high-profile investigations and trials involving executives and in-house counsel. While other costs are being managed more tightly, this is an area where in-house counsel are likely more willing to engage outside counsel and potentially increase budgets for this work. This presents outside counsel with additional client service and revenue opportunities, along with opportunities to further cement their relationship with upper-ranking corporate counsel.

5. Convergence of outside firms continues, but is not exceeding expectations.

About a quarter of corporate law departments surveyed use convergence (working with a smaller number of firms) to achieve better rates, efficiencies, and consistency of work. However, most companies reported that it only met (i.e., did not exceed) their expectations. Even though there was a drop from the previous year, the AP article also reported the median number of outside firms remained fairly steady when looking at past years' data overall. This suggests to me the following:

• Convergence is a useful management tool which will likely continue; however:


• Most of the significant reductions have already been achieved for those companies who've been using this technique for several years.


• Thus I'd expect those companies to continue convergence in "maintenance mode".


• Savvy law departments are now looking for other ways, such as BI metrics, to better manage outside counsel costs.

From my experience, none of these should have presented any real surprise. However, it's good feedback to validate where in-house counsel are headed both technologically and in managing their outside counsel. Overall, in-house counsel are becoming more information-driven, are updating their technological tools, and are taking greater interest and participation in their outside counsel relationships. For the corporations they counsel, that's good news.

My InsideCounsel "Tech Talk" Column on Matter Centricity

I'm pleased to announce I've recently begun contributing to InsideCounsel magazine for their Tech Talk electronic newsletter. My first column addresses "Matter Centricity", and describes how corporate counsel can benefit from integrating their various informational systems, such as matter management, e-billing, and document management.

Implemented effectively, there are significant workflow improvements to be realized, as well as enhanced data consistency, information access, and elimination of unnecessary "busy work". Conversely, there are a number of considerations and hurdles to overcome in implementing a truly matter-centric environment, some of which are not readily apparent. Check out the article for more information, including items for inclusion in your business plan and methods for managing costs with external consultants.

Law Students: Grab Microsoft Office Ultimate 2007 for Only $60

While Microsoft has long offered the discounted Home/Student version of Office, this offer is probably their best yet for qualified students. Microsoft is offering Office Ultimate 2007 (their top Office suite package) for only $59.95, which includes:

• Access 2007
• Accounting Express 2007
• Excel 2007
• InfoPath 2007
• Groove 2007
• OneNote 2007
• Outlook 2007 with Business Contact Manager
• PowerPoint 2007
• Publisher 2007
• Word 2007

I've blogged about some of the refinements in the Office 2007 Professional suite. One of the key additions in the Utimate suite is OneNote 2007. I've tested its improvements firsthand and they are impressive, particularly the web research clipping and search enhancements -- including searching for text within downloaded images, very slick. OneNote just gets better with each release. It also comes with a sample notebook designed to be a very easy-to-follow tutorial. Given that OneNote itself costs $100, this is indeed a steal. FYI, while the MS OneNote web page has a number of canned demos, the most useful one I've seen is this recorded webcast: OneNote 2007 Tips and Tricks: Personal Usage and Collaboration.

Microsoft is smart to expose future business leaders to their new suite. The offer is good through April 30, 2008, with more details at Microsoft's Ultimate Steal web site and their Education web page. This is probably as close to free that Microsoft has gotten with a brand new Office suite, and it's a very complete suite to boot.

Brett Burney Reviews Outlook 2007

My friend Brett Burney just posted a very informative review of Outlook 2007 on Law.com. Having used it myself for the past several months, I agree it's definitely a worthwhile upgrade. I've found the Instant Search to be, well, instant! Finding e-mails has never been faster or easier for me. I really like that it's as simple as using Google, yet with a click you can expand the search box to reveal additional search fields. So far, the search has been so fast and accurate that I haven't needed to go beyond the single search field.

I also like the new To Do bar on the right pane, and Brett is right on the money when he says you need a widescreen monitor to take best advantage of it. Once you have one, you'll never want to go back. Also, due to the mixed bag of old-style pull-down menus and its new ribbon bars, long-time Outlook users shouldn't have much difficulty making the transition to Outlook 2007. Microsoft also made good use of colors that are pleasing on the eyes and are used to good effect. Since I've been running it in standalone mode on my new laptop, it's been very, very snappy, and unlike most mature Windows programs, it doesn't act bloated to me, other than having to wade through the legacy pull-down menus on occasion. Of course, I'm sure it helps to be running it on a new PC with a faster Core 2 Duo processor.

Also, the Personal Folders Backup plug-in works with Outlook 2007, so people like me can make automatic backups of their Outlook .pst file without having to think about it. Don't worry that Microsoft's web page lists it for "Outlook 2003/2002" -- it works just fine with Outlook 2007. All it really does is copy your .pst file to your preferred location after you close Outlook. Depending on whether you use Outlook in standalone mode vs. in conjunction with Exchange Server, you may not have as much need for the plug-in with the latter, and it could have some e-discovery impact if you're maintaining additional backups. But for standalone users, it's a very useful plug-in, and I'm glad to see Microsoft didn't abandon it.

Overall, Outlook 2007 is a great upgrade. While it's main-screen interface hasn't adopted the new ribbon bar, it features enough other enhancements and refinements along with great performance to make it my version of choice.

Excel 2007 Multiplication Math Bug

Just when I was about to post how great my experience has been with Office 2007 (I really, really like the new ribbon interface, live format preview, and the enhanced online help), news has been popping up among bloggers and Google Groups of a serious, yet perhaps somewhat specific, math bug in Excel 2007:

If you have Excel 2007 installed, try this: Multiply 850 by 77.1 in Excel.

One way to do this is to type "=850*77.1" (without the quotes) into a cell. The correct answer is 65,535. However, Excel 2007 displays a result of 100,000.

Now the strange thing, according to some posters, is that Excel 2007 treats this result inconsistently when it's used in other formulas dependent upon this result. Sometimes it's used as 100,000, and sometimes it's used as 65,535. On my Vista Ultimate laptop, I was able to duplicate the above poster's test results that reference the above result in cell A1.

As these errors did not occur in Excel 2000 in comparison, this is a step backwards. Let's hope Microsoft corrects it quickly. The question may remain, however, as to what to do with spreadsheets and charts created during the time the bug existed. Assuming MS issues a patch, for critical data it's probably not a bad idea to reopen them after patching and refreshing the calculation to see if anything changed.

My system is current with all relevant patches via Windows Update, which is set to include other Microsoft products such as Office. In Excel's "About" screen, it reports Excel's version as 12.0.6024.5000 and MSO as 12.0.6017.5000. (Presumably, MSO = Microsoft Office.)

If you're having difficulty locating the "About" screen in the new 2007 line, you're not alone. It's buried under the following menu structure:

1. Click on the circular MS Office button at the top left corner in Excel.
2. Click on the rectangular "Excel Options" button near the bottom right corner of the pull-down menu.
3. Click on the "Resources" button (bottom option on the left pane of the "Excel Options" dialog box).
4. Click on the "About" button on the right side of the pane (last one in the list).

So much for the good ol' days of clicking on Help, About, to quickly see version and patch numbers!

On the plus side, overall I've found Office 2007 Professional to be very solid, with substantial usability improvements. As with Vista, which has been getting more reliable with various Windows Updates (e.g., my document preview now works in Windows Explorer), I expect Office 2007 will hit many legal desktops, running either on XP or Vista. Not to mention that more and more third-party software vendors have been making great strides in making their programs compatible and integrated with Vista and Office 2007. There were several Office 2007 readiness sessions at the recent annual ILTA conference, and all were packed with attendees. Many already have test installations well along, and some firms reported they're already receiving documents from clients in the new Office XML formats.

[11.20.07 Update: Microsoft has released an Excel 2007 Hotfix package for this issue.]

EDD -- ILM Needed to Take Out the Trash

This Law.Com article by Stanley M. Gibson, "Hit 'Delete' to Prevent EDD Disaster", tells the tale of how a company was ordered to produce millions of electronic documents and e-mails spanning over half a decade to the losing tune of a $570 million judgment. That's in addition to the costs incurred for legal fees and allocated costs of collection, restoration, conversion, review, and production of the data.

Unfortunately, hitting "Delete" is not sufficient. If nothing else, the result just became a compelling benchmark of why implementing ILM (Information Lifecycle Management) can indeed be cost justified. If a company may have to pay millions (or perhaps billions in the total tally), why not invest that money -- proactively -- into a solution that reduces financial risk and produces tangible operating benefits to its users in terms of structured data management and collaboration ease? As real-life EDD examples such as this continue to occur, an effective ILM implementation with proper policies, training, and management reinforcement could very well be the gift that keeps on giving.

First Thoughts on Vista Ultimate and Office 2007!

I'm back after taking a blogging sabbatical. I recently purchased a new Toshiba A205 widescreen notebook preloaded with Windows Vista Ultimate and added Office 2007 Professional. I particularly wanted access to all of the latest features and usability improvements in Windows and Office. If first impressions are any indication, it's off to a fine start.

Usability
Usability was a very high priority in the OS interface design and particularly in the Office 2007 apps. The Office ribbon bar is a huge improvement in my opinion, and has made finding and learning new features much more intuitive. Not all programs have fully adopted the new ribbon bar interface, however. Outlook and Publisher 2007 still have plenty of legacy-style menus and toolbar buttons. For example, creating a new message in Outlook 2007 presents you with the ribbon bar, while the main Outlook screen does not. But the big improvements in Word, Excel, and PowerPoint are most welcome, and I'll cover my Word 2007 impressions in a separate post as it has particular importance in the legal arena. I really like the revamped Windows Explorer layout as well -- simplified, yet chock full of features for navigating, displaying, and burning your data to discs.

Not surprisingly, some features were either renamed or moved around from where you'd expect them in prior versions. Fortunately, the included help screens are well written, with plenty of links to help you get to the desired feature or program. Another huge help is the new Search bar in the Start menu, which doubles as the Start, Run command. It's very easy to search for and run all kinds of programs and data files. Say you don't know where the new Windows Mobility Center is launched from? No problem, just click on Start, type in "mob" for the first few letters, and it displays the program link. The built-in help content can also be updated online from Microsoft, so you're always getting the latest assistance. Bottom line, it's still Windows, so the basics haven't changed. I found it easy to be productive nearly right out of the box.

Good Stability Overall for a New Release
In stark contrast to Microsoft's buggy initial Windows XP release, they did their jobs well on the new product line. I've been putting it through its paces heavily for nearly two weeks, installing and uninstalling various programs, applying Windows and program updates, running various programs, etc. Vista has been very stable throughout -- no BSOD's (Blue Screens of Death), glitches, or any serious problems encountered in the OS itself. Some minor problems include Windows Explorer and a few programs "not responding" once in a while. Nothing new there, but that's about it. Office 2007 Professional has been very stable, no problems encountered in its normal operation so far. I have encountered a small bug in the new Windows Explorer-integrated preview -- it's supposed to show a preview of Office 2007 documents without opening them. It's not stable yet, either failing to display the contents or displaying a message that Word 2007 has stopped responding (apparently it's used for the live preview).

Aero
The Aero 3D glass interface is simply stunning and very Apple-ish. The live windows previews on the taskbar and while Alt-tabbing truly helps me to see which application window I want. The new angled 3-D view is fantastic for fast and accurate switching, as it provides an ever larger live preview window for each app. Just be sure you have sufficient hardware to run all these useful Aero display enhancements. Going forward, I heartily recommend a Core 2 Duo processor or better, 2 GB of RAM, a big hard drive, and an adequate video card for rendering the Aero 3-D desktop effects.

For laptop users, this means at least a decent mid-range notebook. With that said, I've found that even an integrated Intel 950 graphics chip is sufficient for rendering Aero and other Vista 3-D effects (screensavers, animations, etc.). Naturally, having a dedicated 3-D video card is preferable but more expensive.

For overall system speed, having sufficient RAM is critical. I consistently see 700 MB to 900 MB of RAM in use just running the Vista OS, a number of Vista Sidebar and Google Desktop "Gadgets", and security software. Basically, Vista Ultimate uses just under 1 GB of RAM just to run the system before running any office programs. To avoid unnecessary drive crunching, 2 GB is clearly warranted for best performance. As a power user, I particularly love the new Sidebar. It's a great place to monitor system performance and attributes, list to-do's, display a nice large clock, weather information, and a lot more. The nice thing about having the 2 GB on-board is that I have yet to see the memory max out in actual usage.

Third Party Apps Need to Catch Up
On the downside, I've encountered a few problems or limitations with third party programs that haven't been properly updated for Vista. For example, iTunes 7.1 and 7.2 refused to run. However, while the newest iTunes 7.3 at least opened, the newly-added Apple iPhone driver crashes iTunes when saving any iTunes options change. Considering I'm not an iPhone owner, this is particularly annoying as I just need to use it with my iPod. However, Windows Vista just shrugs it off and keeps on running.

Third-party incompatibilities should improve over time as software developers catch up with new patches and releases. [Update 7.18.07: The new iTunes version 7.3.1.3 seems to have corrected the problem as iTunes is behaving itself.] The nice change here is that Vista will often pop up a dialog to indicate which program is not responding. It then seeks to find a solution, often directing me to the developer's web site to download a newer, more compatible version. Keep in mind that Vista comes in both 32-bit and 64-bit versions. While 64-bit computing is touted as more secure, I've noticed that 64-bit versions of various programs are lagging behind. If compatibility with existing programs are paramount, go with the 32-bit versions of Vista for now.

Other Niceties
For laptop users, the new Windows Mobility Center is a nice touch. From the screenshot below, you can see how it combines a number of mobile features (display, battery, sound, presentation settings, wireless network, etc.) into one easily accessible control panel. While these features are accessible in other places in Windows, it's a most welcome control panel for road warriors so we don't have to fiddle around in several disjointed dialogs when time is short.

Overall, I've been quite impressed by the stability and usability refinements. Stay tuned for more coverage of Vista and Office 2007, including some tips and tricks, as well as some recommendations for security software.

Collaboration Thoughts: Google "Presently", Parallel Processing, Simplification and Savvy Execution

Google is rounding out their web office apps with a PowerPoint clone. Mike Arrington at TechCrunch blogged on the announcement yesterday at the Web 2.0 expo. As a word play on Writely, Google's collaborative word processor, Google fans are now eager awaiting "Presently".

Although it's still early, I tend to agree with Google CEO Eric Schmidt's comment that it isn't a threat to Microsoft -- yet. With Office 2007's release and obvious refinements (particularly the ribbon bar), enterprise and legal markets are already sitting up, taking notice, and planning their upgrades. However, in this Web 2.0 era of business at the speed of broadband, waiting for revisions to roundtrip through multiple people is becoming more and more burdensome and costly. Think serial processing vs. parallel processing. Core Single vs. Core Duo.

Would I trust Google's web tools with confidential or sensitive data? [Update: No. A major concern I do not see going away any time soon is how easily a third party will give up records under subpoena, or threat thereof, when there may be defenses or other protections available to the data owner. There may also be security concerns]. But there have been times when I've been collaborating with one or more CLE presenters when it would have been incredibly helpful to work on the same presentation file concurrently.

I also like Workshare's Professional Suite's "Manage Changes" feature, particularly for Word documents. It goes Track Changes a few times better as it allows you to import and manage revisions from multiple reviewers within the same document, enabling a more flexible review and revision process.

Collaborative technology can definitely help, but it's not a panacea by itself. It doesn't eliminate the need of those involved in the process to understand and identify more efficient ways of conducting business.

I recently re-read the Corporate Counsel article, "Seven Sigma: GE lawyers take a low-tech road to come up with a high-tech way to draft contracts quickly" (I believe it was the Jan. 2007 issue, no web link available). It describes how GE's law department -- using only sticky notes -- tore apart and simplified the process for drafting contracts, cutting their document length, complexity, and execution time dramatically. Then they implemented the technology to facilitate it. If they would have tried to automate their existing voluminous contract forms around the old process, I seriously doubt the gains would have been anywhere near as rewarding.

Web 2.0 has been getting a lot of hype, along with criticism for over-hype. Some of it is probably deserved, but businesses and their lawyers would do well to give it a spin. Before the ride is over, it'll likely get people thinking and moving in a new direction.

On the Ball with Vista

Thanks to Dennis Kennedy commenting on my last post, I came across the link to Craig Ball's Vista overview. As usual, Craig does a great job of walking the uninitiated through Vista's enhancements and their impact on EDD. Of course, Craig left me feeling like I just took a trip though Willie Wonka's Chocolate Factory with a rockin' Stones soundtrack. (Did you really want to know what the Vista Oompa Loompas are doing with your data?)

I also mention it since it supplements my comment about considering encryption pros and cons. He introduces the new BitLocker encryption in Vista's Enterprise and Ultimate editions and the challenges it presents.

Vista Shadow Copies -- Helpful to Users, Even More to EDD Recovery?

Microsoft has billed Vista as their most secure operating system to date. However, there's a little-known feature that could cause some data security concerns. Amidst the flurry over EDD and the new rules, Microsoft included a feature to certain versions of Windows Vista that may aid in recovering prior versions of files.

From Microsoft's Vista site:

Have you ever accidentally saved over a file you were working on? Accidental file deletion or modification is a common cause of data loss. Windows Vista includes a useful innovation to help you protect your data: Shadow Copy. Available in the Ultimate, Business, and Enterprise editions of Windows Vista, this feature automatically creates point-in-time copies of files as you work, so you can quickly and easily retrieve versions of a document you may have accidentally deleted. Shadow copy is automatically turned on in Windows Vista and creates copies on a scheduled basis of files that have changed [...] It works on single files as well as whole folders.

Very helpful indeed. There have been a number of occasions over the years when I've accidentally replaced a file when I should have saved it as new one with a different file name. We've all been there.

However, now consider the difficulty in trying to rid a system of shadow copies for legitimate security and confidentiality concerns. A laptop user may need to work on a confidential file while traveling. Since laptops are easily stolen, accidentally left behind, etc., it may be desirable to wipe the file later to maintain security and confidentiality. Consider some of the recent news stories covering thefts of laptops containing considerable amounts of personal data. It's a good bet that most file wiping utilities can't handle wiping the Vista shadow copies, at least not yet anyway.

Note that Shadow Copy is enabled by default in Vista Ultimate, Business, and Enterprise editions. So if data security and confidentiality is paramount to file recovery, organizations should consider disabling this feature in their Vista rollouts. On-the-fly encryption is another consideration, recognizing it has pros and cons as well.

[P.S. Seeing as I'm posting this on April 1st, I thought I'd emphasize this information was gathered directly from Microsoft's site. Also, Ars Technica has a post on this from as far back as last summer. Now if you're looking for an April Fools gag, Google got their hands dirty this year with Google's TiSP Beta. More on the gag at USA Today.]

Good Resources on Word's Track Changes

As usual, Law Practice Today has a helpful piece offering a number of useful Track Changes resources. We all know (or should know) the benefits and risks posed by using Track Changes. Despite all the debate, it's still a useful tool used widely throughout the legal profession, particularly on document collaboration. The linked tips should help users understand it better, as well as the links to other redlining and document comparison tools.

Burney on Word 2007

My friend and colleague Brett Burney has an enthusiastic review of the new Microsoft Word 2007 improvements, with a definite eye for legal use. He does a great job of extolling its new features while linking to some very useful Microsoft resources, including the "Interactive: Word 2003 to Word 2007 command reference guide" and the "Microsoft Office Compatibility Pack". I have to say that I like what I've seen so far of Office 2007, and the ribbon interface is very compelling in its usability.

It's probably too soon to tell whether the new legal blackline and Document Inspector features are robust enough to warrant not using third party programs such as DeltaView and metadata scrubbers. For example, Microsoft's site states that when it comes to using Track Changes, one should keep two versions of the document -- a public copy for distribution, and another one for private use with track changes. Sounds pretty similar to what the legal market has been doing for some time. However, anything that makes it easier to manage these tasks and documents are welcome features.

Acrobat 8 -- Know Thy Redaction

The new Acrobat 8 release is generating a good buzz in the legal market. Brett Burney has a glowing review of the new Adobe Acrobat 8 on Law.com. He links to a Duff Johnson's PDF Perspective post on the differences between the redaction methods used by Appligent's Redax and Acrobat 8.

If you're serious about PDF redacting, Duff's post is a must-read. Via an interview with Mark Gavin, founder and CTO of Appligent (maker of the well-known Redax redaction add-in to Acrobat), Duff describes the essential differences one should know. Per his post, Acrobat 8 uses a "subtractive" approach to remove data from a redacted PDF.

While one would think this quite logical, read his post to understand the versioning and data cleansing challenges this may present to the user. Per Mr. Gavin, Redax uses an "additive" approach that creates a new PDF file from the original, but only populating it with the data the user chose not to redact. From that description, it sounds that Redax solves two problems inherent in the Acrobat 8 method: 1) not allowing the redacted information to be present in the new PDF file in the first place, and 2) helping to prevent the user from accidentally overwriting their original non-redacted PDF file with the redacted version.

Mr. Gavin's comment about Redax's approach (i.e., "the new document has never been touched by the information to be redacted"), struck me as the better practice if accurate. Someone else can't find or access the information if it has never been put into the PDF file in the first place. He also brings up an interesting point in how the two products differ in their display of redacted information to the user -- in terms of whether any text or graphics remaining in the redacted document can easily be seen by the end user working on it before they send it off. He contends that it's more apparent to the user with Redax.

Now in all fairness and transparency, I've only summarized that post and have not verified its accuracy. Adobe should certainly be given an opportunity to respond, and it's obvious the new Acrobat redaction features create competition between the two companies. Coopetition is a strange thing indeed.

I also credit Adobe, as I have challenged them on several occasions to provide a more reliable and suitable method to redact PDF's using only their Acrobat software. They listened and responded. My personal perception is that it's certainly a good step in the right direction, and Adobe is being sensitive to the issues as well as the legal market's needs.

Also, a heads-up on system requirements: One law firm IT Manager recently shared on a listserv that Adobe Acrobat 8 Professional requires Windows XP Service Pack 2 if you're running Windows XP or it won't install. I haven't verified this, but he provided a link to Acrobat Professional's System Requirements page so you can see for yourself.

First Legal Tech Mashup?

For some time, I've been wondering when (not if) the legal software market would jump in and find value with mashups (i.e., combining two separate services to provide a unique new service) and other Web 2.0 technology applications. See ProgrammableWeb for a long list of mashups.

So I was immediately interested upon seeing a link to this in my inbox:

Mashups to Re-Map the Legal Tech Market?
By John K. Waters
Special to Law.com
October 10, 2006

Synaptec's LawBase case management package "has integrated the 10.5.5 version of its flagship product with Google Maps. That integration brings an emblematic Web 2.0 buzzword to a market that has yet to feel much of an impact from the new Web-as-a-development-platform IT paradigm. (Emphasis on "yet.")"

In this vertical market of "let's do what everyone else is doing", it usually takes one or more innovators to test the waters before others jump in. Let's hope this is the beginning of yet another such cycle. Via posts like this, first movers like Synaptec are getting a good PR buzz for their efforts.

Looking further ahead, I find the potential ability to track and map claims, incidents, suits, IP seizures, facilities, or other items by geographic location to have compelling value. Personally, I'd want to know what Google and other services do with the geographic data being parsed through their systems, although one could likely sanitize it somewhat. Regardless, there's a lot of untapped value in them thar maps! For example, just take a look at Zillow.com if you're house-hunting or looking to sell.

It's easy to see why in-house counsel would find mapping technology useful as well, both in managing claims and cases, and not to mention outside counsel and related costs.

Microsoft Office 2007: See What It's All About

There's no denying it: Microsoft is releasing a wave of new software relatively soon. It's worth checking out so you can determine the impact on your existing systems and integrations, and whether/when it makes sense to implement the new versions.

Microsoft has published the Microsoft 2007 Office system preview site, which is chock full of information on the new office suite. Particularly engaging is the Microsoft Office UI video tour. As Office 2007 represents a radical User Interface (UI) shift, it's definitely worth viewing. Gone are the rampant menu pull-downs found in Office 97 through 2003. The context-sensitive "Ribbon" is the new UI. As I haven't tried the Office 2007 betas, I can't comment on it first-hand. However, I have to hand it to Microsoft for producing a marketing video that made me feel like this guy. Very impressive.

Although Microsoft says you should not have to upgrade your hardware from running Office 2003, you may have to upgrade your operating system. For instance, the Office 2007 beta requirements page lists "Microsoft Windows XP Service Pack (SP) 2 or later or Microsoft Windows Server 2003 (or higher)" as "required". While older hardware may indeed run it, with the emphasis on graphics-intensive features such as the new Live Preview and improved graphics overall, you'd probably want to test it on your older PCs to see how well it performs.

Microsoft Releases New Vista Hardware Guidance

Looking to buy a new PC, but not sure what you'll need for running Windows Vista? Microsoft just released the minimum requirements for "Windows Vista Capable" PCs (that will only run the basics) and "Windows Vista Premium Ready" PCs (capable of running the advanced Aero 3D graphics).

The details are at Microsoft's Windows Vista Enterprise Hardware Planning Guidance.

If you use a larger resolution monitor (e.g., LCD panel) or dual monitors, pay special attention to the amount of graphics memory. The more overall screen resolution, the more graphics memory required. I think it's fair to say from this early information that Vista's Aero graphical interface is a video memory hog, but, as I'll show you in a minute, there's a good reason for this. This will likely drive sales of higher-end PCs with enhanced video cards. Most gamer-level PCs should do nicely, but it's also a bit more than most people would have needed when running Windows XP for business apps.

For Microsoft products video demos, check out "Bill Gates Webcasts". This one has a nice demo of Vista's 3D capabilities for displaying and switching between open Windows. Now you know why you'll need a darn good 3D video card with plenty of graphics memory, if you want the full Vista experience.

Enhancing Mobile Security - Feature Article

Organizations usually focus more heavily on protecting the castle by fortifying its defenses. However, mobile technology security can be a bit more challenging, in no small part due to the plethora and complexity of devices, user mobility, and increased risks outside the firewall. Sometimes it doesn't receive as much attention, or perhaps is perceived as less securable. Thus I've recently written a feature article on effective mobile security techniques, strategies, and policies, entitled "Enhancing Mobile Security". The downloadable PDF is compatible with Acrobat 5 or higher.

This was originally published as the cover feature in the February/March 2006 issue of Law Office Computing. I am greatly honored by Amanda Flatten, LOC's Editor and Publisher, for granting me permission to publish it here. Amanda, you're the best. If you're in the legal field and have any interest in improving your practice via savvy use of technology and keeping abreast of new developments, then I highly recommend a subscription to LOC.

Avoiding Mobile Computing Burnout

Whether you're a road warrior or just tote a few mobile gadgets, I think you'll find this article helpful in setting expectations and managing your stress from always being accessible. It was recently published online at eLOC, the e-magazine version of Law Office Computing. A hearty "Thank You" goes to Amanda Flatten, the Editor & Publisher extraordinaire, for graciously permitting me to post the entire published version here at LTG (especially for those of you who download the RSS feed).

Avoiding Mobile Computing Burnout

Use technology to enhance your work, not take over your life.

By Jeff Beard

It’s no secret that lawyers and legal staff have high-pressure jobs. As if we were not multitasking enough, mobile technology makes us even more accessible to client service and other demands. Untamed, it leads to information overload, multiple interruptions throughout the day and more stress.

Are your wireless gadgets just making you more wired? Do you need to go on a technology diet? Clients demand more access to you, and you want to provide good service. Mobile technology offers many tools to help you do just that. The problem is, sometimes they deliver too much of a good thing.

Consider how many devices and technologies are used to stay in touch: wireless e-mail devices; Wi-Fi laptops loaded with e-mail, office suite, time entry and various practice applications; cell phones; hands-free headsets; a lot of cables (laptop power brick, modem, Ethernet, universal serial bus, FireWire, audio, iPod charger, cell phone charger and personal digital assistant charger); home, office and cell phone voice mail accounts; professional and personal e-mail accounts; office, PC and Internet faxes; text messaging; instant messaging; replicated e-mail account on your laptop’s hard drive for offline reading; Virtual Private Networks, Citrix or other remote access software; camera phones, digital cameras and portable scanners; and a prepaid Starbucks card (for a liberal dose of Wi-Fi and caffeine).

That is a lot of technology to manage. It’s not uncommon to hear of professionals checking their e-mail in the middle of the night, while driving, during their children’s sporting events and let’s not even dwell on the restroom scenarios. While some will deny these stories, I have heard them all. The faster you respond, the faster your clients and co-workers expect you to in the future. After all, you reinforce their expectations with a five-minute turnaround from your BlackBerry or cell phone. Congratulations — you have just become a victim of your own success. All isn’t lost, however. There are a number of ways you can avoid mobile computing burnout and reduce information overload.

Set Reasonable Expectations

Jim Calloway, director of the Oklahoma Bar Association’s Management Assistance Program, recommends setting parameters with clients during the initial interview. “Communicate that you will normally get back to them within 24 hours, not including weekends,” Calloway said. “Share that you process messages on a first-in, first-out basis. Think about how you are going to handle the client relationship and what mobile access means.” The same goes for managing your relationship with your employer or co-workers. Calloway said legal professionals often can set themselves up for failure by committing to do too much, but setting realistic goals and ground rules will help you manage your workload.

Determine Which Mobile Devices Work for You

When it comes to traveling, less can be more. Ask yourself what you truly need to be productive and if you really will use what you take along. If you are reasonably tech savvy and comfortable with different gadgets and access methods, it might be worthwhile to have alternative technologies at your command. If you are not a technophile, then try introducing one new gadget at a time. That way, you are increasing the odds you will be comfortable using it on your own.

This might be a gross oversimplification, but generally I find two main types of BlackBerry or Treo users: those who can’t wait to get one, and those who really, really don’t want one, ever. If you are in the former category, make sure it’s for the right reasons and not just to have a status symbol or another tech toy. If you are in the latter category, take heart and use these tips to set reasonable expectations with others regarding your accessibility. You might be able to agree on alternative communication methods or less onerous response times.

Minimize Interruptions and Multitasking

Remember, technology speeds up many tasks, including the pace at which we make mistakes. “It’s important to recognize multitasking invites errors and misunderstandings,” Calloway said. “We have all sent e-mails that we wish we had never sent.”

Brett Burney, legal practice support supervisor at Thompson Hine in Cleveland, advises professionals to avoid the diminished returns of too much multitasking and to focus on the quality of work clients deserve.

Learn and Use the Technology You Have

Burney said he sees a lot of frustration stemming from underutilization of mobile gadgets. “One great way to avoid at least some of the tech-burnout today is to educate yourself on the functions of a device, and beyond that, even to learn a few tips and tricks,” he added. For example, instead of manually scrolling through e-mails, Burney said Treo users running GoodLink software simply can press the “T” key to jump to the top of the list to read a newly arrived message. “While it might only save me several seconds, I am happier because I am immediately looking at what I want to see. I realize this means spending more time with a device, either reading the instructions or just playing with it, but it pays off in the long run because I don’t get so frustrated,” he said.

Also, be cautious about adding mobile technology to your arsenal too quickly. Give yourself a chance to absorb it at a comfortable rate. Don’t ask for it if you don’t need it. If you need it, then learn how to use it properly and use it on a regular basis. Great tools are a wasted investment if you can’t use them when you really need them. Don’t wait until you are on deadline or two hours before a flight to pick up a new mobile tool without sufficient training. That is just asking for stress. Instead, plan ahead, test it and ask questions so you will be able to use it well before you leave. For instance, remote access accounts can become disabled if not used regularly. If you have VPN access, but use Web access most of the time, you could forget your VPN personal identification number or password, or the account might need to be reset. This is best summed up as “use it or lose it,” in which case you have unanticipated remote support problems adding to your stress level. Also, it’s not fun for the Information Technology folks who must support your remote technology. In many cases, an ounce of prevention keeps disasters at bay.

If you don’t have time to teach yourself how to properly use mobile technology, find out if your organization or a technology vendor offers any training or user guides. Portable cheat sheets and instruction cards are useful and easily fit into a briefcase or laptop bag.

Recognize That Technology Isn’t Perfect

Bad things often happen — batteries die, power cords get left behind, hardware fails, software applications have bugs, viruses abound, entire systems become unavailable at times, and yes, we all have made mistakes while using technology. That is life in the digital age. In recognizing this, however, we can generate effective alternate plans to get things done.

For example, if your cell phone or PDA dies, have a backup list of names and telephone numbers on your laptop or on a flash drive. Planning ahead for outages and problems is one of the best mobile lawyering stress relievers. It’s only a matter of time before Murphy’s Law strikes, and while it’s never fun, knowing you still can communicate and work productively under pressure is a nice safety net.

Use the “Off” Button

Mobile devices have to be recharged — and so do you. If you stay connected all the time, you will become drained and less productive. Put all your commitments into perspective and make adjustments. For instance, turn off wireless e-mail devices and cell phones at family events, or even better, consider whether you really need to bring them to these events at all. Admittedly, most of us like to carry cell phones for personal safety and convenience. In that event, it’s OK to send calls to voice mail. For this reason, I prefer phones with external Caller ID displays for triage purposes. Check if your phone offers a shortcut to manually force an incoming call to voice mail rather than having it vibrate or ring several times. For example, I discovered that pressing the side volume down button twice on my LG cell phone does the trick.

If you are in a meeting with a client, there is nothing worse to that client than constant buzzing or ringing interruptions. This gives the client the impression that you are not giving your full attention. Indeed, some firms have added this to their etiquette training. For longtime road warriors, cutting that wireless cord can feel strange at first, but it gets easier with practice.

As professionals, we are quite fortunate to have a wide variety of mobile tools at our disposal. As tools, they serve very useful functions. The trick is to manage them before they manage you by setting realistic expectations and ground rules. There still will be times when you become overloaded or frustrated, but I hope some of these tips better prepare you to anticipate and work through them.

Stress-Busting Tech Resources

• “Technology, Stress and the Lawyer’s Quality of Life,” by Jim Calloway, director of the Oklahoma Bar Association Management Assistance Program


• JDBliss, “A Blog for Attorneys Seeking Career Satisfaction, Work/Life Balance and Personal Growth”

Jeff Beard is the legal services IT manager with Caterpillar Inc., a Fortune 100 company headquartered in Peoria, Ill. He is a former practicing attorney, and is a frequent national author and presenter on contemporary legal technology and practice management issues. Beard enjoys working with mobile technology, and covers many such devices and issues on his blog, LawTech Guru. This article was submitted in his individual capacity, and all views stated are his own.

Microsoft to Customers: Install Office Suite Updates Due to Patent Infringement

Technology patent disputes are certainly hitting home with customers this week. Per a CNET News story, "Microsoft's recent warning that customers must use an updated version of Office in new installations is likely to affect a significant number of businesses, according to a study.

The software maker said last month that as the result of a patent dispute, companies will have to use tweaked versions of Office XP and Office 2003 when they install the software on new machines."

An earlier article stated:

"Microsoft has begun e-mailing its corporate customers worldwide, letting them know that they may need to start using a different version of Office as a result of a recent legal setback.

The software maker said Monday that it has been forced to issue new versions of Office 2003 and Office XP, which change the way Microsoft's Access database interacts with its Excel spreadsheet.

The move follows a verdict last year by a jury in Orange County, Calif., which found in favor of a patent claim by Guatemalan inventor Carlos Armando Amado. Microsoft was ordered to pay $8.9 million in damages for infringing Amado's 1994 patent. That award covered sales of Office between March 1997 and July 2003."

"Although existing customers can keep using older versions on current machines, any new installations of Office 2003 will require Service Pack 2, released by Microsoft in September. Office XP will need to be put into use with a special patch applied.

Microsoft is also recommending that customers update their existing software with the new code."

Free eBook: "BlawgWorld 2006: Capital of Big Ideas"

I've been a long-time subscriber and occasional contributor to The TechnoLawyer Community. It's a unique free service for seeing what's new and interesting in the world of legal technology. TechnoLawyer is also a particularly great place to get some good ideas and feedback on various topics and technologies. I've seen it evolve from a simple listserv into an organized online community, spawning many topic-focused newsletters, an integrated blawg, and basically giving its readers more substance than noise, a rarity indeed.

Along those lines, Neil Squillante and his capable crew have been working for months on delivering even more value to their subscribers. I'm happy to say the fruits of their labor are now available in their new TechnoLawyer eBook, BlawgWorld 2006: Capital of Big Ideas. It's designed to take you on a journey through 51 of the most influential blawgs. (And yes, LawTech Guru is included -- I thought I'd get that out of the way, as I'm truly honored to be in such good company.)

I was immediately struck by the high quality of the publication in PDF format. There are some phenomenal thought pieces in it, and couldn't help myself from sinking into reading many posts from some of my favorite blawgs as well as others I had not visited in a while. With so many blawgs available today, it's all too easy to miss some great posts, even with using an RSS reader.

BusinessWeek Online's blog, Blogspotting, recently asked, "Where are the good law blogs out there?" Well, here you go.

BlawgWorld 2006 has something for everyone: Whether you're new to blawgs and are wondering where they are and which ones to read, an avid blog reader who'd like to catch up on some of the better posts you may have missed, or somewhere in between. If ever you found yourself thinking, "so many blawgs, so little time," then the BlawgWorld 2006 eBook is a great stop along the way. Each blawg's representative thought piece contains a brief author and blog bio, as well as the topics it covers. This makes it very quick and easy to skim, and you may just find the articles useful. If nothing else, they are interesting and thought-provoking -- exactly what you'd expect from good blawgs and their authors.

While the eBook is free, you do need to be a TechnoLawyer subscriber to receive it. If you're not already one, I recommend joining (it's a free sign-up). While Neil probably wouldn't want me to say this, you can always cancel at any time, so there's little lost in the effort and much to be gained. Enjoy.

TECHSHOW Thoughts

After an exhausting 5 days, I'm back from TECHSHOW with a head full of ideas. Here's my list of things that are hot, hot, hot, without appearing to be the latest tech fads:

1. E-Discovery: As we continue to create more electronic data than paper, it's only going to heat up more, not less. I wasn't at LegalTech NY this year, but have heard that of the full three floors of vendors, half of them were litigation-related. The TECHSHOW exhibit hall certainly had its fair share. With the reform of the federal rules underway, many are glued to new developments and cases. Use caution and look carefully when selecting between the host of EDD service providers. Some are not expected to survive on their own for relatively long. The shakeout continues.

   My advice: Do your homework, give one or two of them a test case, and if they do well, give them a few more and a few more until you're comfortable with their services and results. Then add them to your PPL (Preferred Provider List -- you do have one, right?). Do that for each type of provider, and you will have created a "Best of the Best" list for your organization -- a valued added "go to" list of vetted providers.

2. Blogs: The number of blawgers has already grown incredibly from last year. I met many more at the blogger dinner, BlawgConnect 2005, than last year. Blawgers tend to be forward-thinking and progressive, and there is a great deal of affinity between us on this trait alone. Blawgers are early adopters, not just of technology, but of new ideas. At LexThink! Chicago, many of us discussed various topics that effectively began, "There has to be a better way to..."
3. RSS Feeds: Many have compared RSS news feeds to the "push" technology of yesteryear, PointCast. PointCast ultimately proved to be a tech fad, but many bl