About
The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


HIGH-SPEED FLYING

 If you're constantly searching for wi-fi hot spots, it might be time to invest in a mobile broadband card, says Brett Burney.

Bb Many providers offer the option to use your mobile phone as a wireless modem, but the dedicated cards "require less fuss," says Burney, a Cleveland-based consultant. And, he notes, the cards can be used to create a personal, secure "hot-spot" that can be shared with others.

CradlePoint's PHS300 Personal Wi-Fi Hotspot router is one option, another is the MiFi 2200, offered by Sprint Nextel. The instant connectivity can be particularly handy for traveling litigators (think instant war rooms) or for anyone stuck at an airport. But before you pull out the plastic, check your existing contract for any restrictions, and read the fine print of costs and fees, cautions Burney.

Read it in the November issue of Law Technology News.

November 9, 2009 in From the current issue of LTN, Technology, Web/Tech | Permalink | Comments (0) | TrackBack (0)

2009 FINAL REPORT  

 27 

PARADE TIME!!!!!! Congrats to the World Champion New York Yankees -- and especially to Nick Swisher, Brian Cashman, Girardi,  Matsui, Kevin Dart, Tex, Mariano Rivera, Derek Jeter, A.J., C.C., Melky, ah hell, everybody -- even A-Rod.  New York euphoria!!!! And I'm especially happy for the next generation, especially Cervelli. And congrats to the Philadelphia Phillies, well-deserved champions of the National League, for a tough battle. 

Tomorrow at 11 a.m. EST, the boys will be serenaded with all our old Incisive Media business cards and literally tons of other recyclable paper from the highrises and low-flung buildings that abut Broadway.
I cannot wait. (Now I understand why Bill wanted to move us downtown :)

Ws I'll confess: I held my breath until Mo did his magic with that 27th out. The agony and ecstasy of beisbol is that it never over until it's over -- as in our 15 walk-off 2009 wins.

OK, I have to get it out: how delicious was it the we beat Pedro -- again! I just love our chant, "Who's Your Daddy!" -- sorry, I'm evil. And as much as it killed me not to lock it up on Game 5, how sweet to win it at home, in the first year of the new digs.

GirardiWonder what Joe G will have to give Shelly Duncan to "buy" #28 for next year? Stay tuned!

And now, on to the tradition. My annual "highlight reel" of the season:

Things started off glum when I got my "take it or leave it" 20-pack seat assignment back in February, just as I was about to head to Hawaii for my dad's memorial services. I'm an upper-deck-sit-with-the-rowdies gal, and I was assigned main level section 234, right next to the bleachers -- at $50 a pop. I was not happy, but was afraid to turn them down because I would have lost all my seniority.
I decided to take a chance and e-mail my rep, Shazad Ali, but I wasn't optimistic. But by the time my plane landed in Los Angeles, I had a message from him -- I was moved to the upper deck. This would not be the last bit of amazing customer service I received this season. And ironically -- over the course of the season, not once, but twice I ended up buying seats in section 233b, which proved to be terrific fun, with a great group of folks. 

Opening weeks! The new stadium was unveiled in two sneak preview exhibition games with the Cubs. BradBrad Blickstein (left) and I took in the Saturday game, which helped the Yanks work out some of the kinks (the audio system died around the 6th). Captain Sully threw out the first pitch to a loud standing O. And Mark Texeira hit two home runs as we ran roughshod over the Cubs, 10-1. 

Normally, a trip to Camden "Bronx South" Yards is just like attending a home game, only much cheaper. On any given Yanks/O's fest, you can count on about 65% Yankee fans in the stands. But not so on Opening Day 09 -- more like 10%. And poor Tex -- the Maryland crowd booed the home boy so intensely it rivaled the 2004 Yankee fans screaming to Pedro about his DNA. We got trampled, but I will never complain about any day at Camden, and the brand new Hilton across the street is awesome!

Swisher pitching The Tampa Bay Rays' home opener, a 15-5 slapdown, would have been downright depressing if it were not for Nick Swisher -- who not only hit a home run, but took the mound to pitch a scoreless frame, including a strikeout, creating his 0.0 ERA, best of all Yankees pitchers! He had such a good time, it took the sting out of the loss, and established him as an instant fan favorite. (He posts almost daily on Twitter (@nickswisher) and in April I started keeping a tally of his followers -- betting that he would break
1 million by the World Series. He did!)

Finally, a home game. Teri "Jersey Girl" McCarron flew in from Minnesota, and we went to the official Bronx opener on Thursday, April 16, against the Indians. Not a great start -- CC lost both the Away and Home openers. But we had a great time anyway, in the sparkling new digs. And it was better than watching Pavano start off a season.

My new friends, Hal & Hank Like an enthusiastic Mormon, I have converted at least a handful of non-believers into rabid fans, among them, Law Technology News' former associate editor Katie Montgomery, and my 82-year-old mom, Lillian. I got to see Katie (who is now in a PhD program at the University of Iowa) at our annual Minnesota group game; and during the Twins playoff games.

Mom flew out for two games: the first, on a gorgeous May Saturday, where A-Rod had a two-run, walk-off HR as part of our season-long sweep of the aforementioned Twins. The second game proved to be one of the most memorable games I have ever attended -- and one of the best times I've ever had with my mom -- when I took her to her first Yankees/Red Sox game and we ended the evening with the Steinbrenner family

• July heat: Mg One of the most moving days of the season was July 4  when my boss, Aric Press, participated in a program honoring his college friend, Michael Goldsmith (right) and his efforts to raise awareness and money for Lou Gehrig's disease. Goldsmith would not live to see the Yankees win their 27th. He was 58 years old.

As is their usual pattern, the boys de-slumped right after the All-Star game. 

Jane Heller's wonderful book Confessions of a She-Fan hit the bookstores, and proving the power of Twitter and blogs, we became pals and she even posted an excerpt of my review on her site.

2009 brought not one, but two trips to Minnesota; the first for our 7th annual group game in late July. As always, we so enjoy the chance to share a game with the folks from the hot bed of legal techology! Shout outs to the folks from Thomson Reuters, Dorsey & Whitney, Merrill, Kroll, Socha/Gelbmann, Jersey Girl, Laverne & Linda, et al! 

(Hey, Westies: go ask Shaughnessy if you can see his latest Bobblehead, which will remain on his desk for a year, right next to A-Rod :)

Domedog My rep, Luis Breazeale, conspired to annoint us the "Hormel Row of the Game" and everybody got hot dogs! I had a feeling I was not quite yet ready to say goodbye to the Dome, and I was right.

• Bring out the Brooms: August was a whirlwind of games, as pals arrived from all of the country to check out the new Stadium. After losing eight straight to the Red Sox, the fragile psyche of NYY fans definitely improved when we swept them in early August.

White Sox addict Ron Stevens made his annual visit, and we got to see two games, from two decidedly different perspectives: the field level and from the aforementioned main 233b. (Another sweep, btw.)

By August, we were all falling absolutely in love with A.J. and his pies — which may seem out of character for NYY fans who tend to avoid schtick -- e.g., we don't do no steenking waves.

• On Labor Day, "Ed Post," the anonymous czar of Blawg Review, joined me for a separate admissions doubleheader that was a complete blast, and included yet another brush with great customer service and celebrities at the fantastic NYY Steak restaurant. There are few people who can put up with me for 10-hours straight, but we both had a great time. The only downside: Jeet went 0-8 and did not tie Lou Gehrig's record for all-time hits.

Jd • Jeter Breaks the Record: Jeet tied it on Sept. 9 in a 4-2 win against the Rays and the city went nuts. I could not resist, so I Stub Hub'd and got playoff-priced tix for the next game, Sept. 11, where despite furious winds and swirling rain (I'm surprised NYC isn't covered in mold we had so much rain this year) Jeter stood alone at the top of the mountain.  A magic moment, especially touching on the anniversary of the attacks, and all the more memorable because I shared the game with my friend David Horrigan, who I met on 9/11/01 when we reported on the tragedy together for ALM. Nobody cared one iota that the Yanks lost 10-4 -- in fact about half the stadium escaped the lousy weather once we had honored our captain with nonstop shrieking. 

• Beyond sweep: The Yanks not only swept the Red Sox in their final matchup, but the Boys Up North had to watch us celebrate clinching the division. Too kewl.

Jbjp,jpgCity, what city? Then came one of the most amazing contests since the 2003 Aaron Boone game -- would Detroit or the Twins win the central? I had a horse in this race because I had tickets to games in both cities -- If Detroit took it, I would get to visit my dear friend Mary Kay Lawless; if the Twins won, I would head to the Dome to be with all Amdome my Minnesota pals. And I already had tix for HG 1 & 2 at the Stadium. As the fates would have it, my good friend Jon Bream (right, with JG) was in town touting his new Neil Diamond book -- and we watched the Game 163 showdown at the Mudville 9 Saloon until Alexi Casilla hit a walk-off single in the bottom of the 12th and Sinatra started singing New York, New York. I pulled out my suitcases to pack, and JB and I headed to the Stadium for the Twins v. Yanks ALDS.

Monday October 11 — back to the Dome, to complete the season sweep, beating Pavano in a nail-biter. To Yankees Universe, Pavano is about as popular as 2004's villain Kevin Brown — we were none too pleased with his four-year-26-starts-9-wins-for-$39.95-million stint in Pinstripes. In fact, the disabled list is now called the Pavano List by the players. One of my signs was  "Pavano: I hope you pitch as well as you drive." (OK, OK, very inside baseball, but hysterical if you know your Yankees' DL history). But I ditched it quickly because, of course, he pitched a gem and we were lucky to scratch out the win.

The next day it snowed in Minnesota. (And the new Target Stadium has no roof. Ohhhhh kay!)

• Anaheim Angst: I did not attend any of the Angels games, but I'm still amazed I didn't end up in Bellevue's psych ward due to stress over the superlative Halos, who have always been kryptonite to the Pinstripes. I am not much of a drinker, but I went through an entire bottle of wine watching every agonizing inning on October 25 until it was over and we were heading to the World Series!

So another season is in the books. The Yankees won in '23 when they opened the old stadium, and we christened the House that George Built last night. And I am among those who are so very, very, very glad they won it for the Boss, George Steinbrenner. Break out the confetti, we've got a parade tomorrow!

Oh yeah, it's 161 days until opening day.

 2009 NYY Soundtrack:

Opening Day: John Fogerty, Centerfield, and Bernie Williams, Take Me Out to the Ballgame.

YankeesParadePlayoffs: Black Eyed Peas: I Gotta Feeling that Tonight's Gonna Be a Good Night

Anaheim: The Rally Monkey!

World Series: Jay-Z & Alicia Keys: Empire State of Mind

Queen: We are the Champions

Always: Metallica:  Enter Sandman (From 2008 last game).

Six Flags Dude (after multiple big hits)

New York on Sunday (Bobby Darin)

(Frank, never Liza): New York, New York


Photo credits: Top, New York Post. Goldsmith: The New York Times. Jeter: AP/Yankees Girardi: CNN. Swisher: unknown. Parade: ALM's Anthony Mazzocchi

November 5, 2009 in Baseball / Yankees | Permalink | Comments (2) | TrackBack (0)

SEVEN DECISIONS YOUR FIRM MUST MAKE

Aric My aforementioned boss, Aric Press, editor-in-chief of The American Lawyer, wrote a lights-out great editorial in the November issue , challenging law firms to accelerate into the curves and make seven key decisions about how to run their law practices.

They are all spot-on, but I particularly liked two. Predictably, "Mine Your Technology," but even more, "Embrace the Suck."

Says Press: "That's military jargon for being caught in a difficult situation and having to deal with it. Law firms and their lawyers are in the throes of choosing whether to adjust to, resist, or embrace the fallout from the economic calamities. Virtually every major firm has altered its billing practices, at least on the margins, in order to accommodate client demands for fixed, alternative, or hybrid fees. What's unclear is whether firms are, well, embracing the suck: Are they using this period to analyze their work flow and staffing, and then seek ways to do their work differently, more efficiently, and just as profitably? Or, are they begrudging, and counting the months until a robust sellers market returns? That's a process question -- which lawyers are good  at -- and a taste for risk question -- which lawyers are poor at. G.I.s have a term for the consequences of making the wrong choice: FUBAR."

Read the whole article here.

November 3, 2009 in Law Firm Management, Technology | Permalink | Comments (0) | TrackBack (0)

FIAT LUX

Goldsmith The Power of One: In late June, my boss Aric Press and I were comparing notes about what Yankee games we planned to attend, and he mentioned that he would be going to the stadium on July 4, with his college friend Michael Goldsmith. Aric is the polar opposite of me, as low-keyed and understated as I can be, well, "excitable." He mentioned that his friend had ALS (Lou Gehrig's disease) and that they were planning to enjoy the game together, that it probably would be Michael's last, and that they were going to participate in a program about ALS.

I had a scheduling conflict that kept me at home on July 4. If I had realized what Aric was up to, I would have cancelled my plans and headed to the Bronx. Instead, I was half-watching it on TV, when all of a sudden, I hear Aric's voice — and I look up and there he is on the Jumbotron being interviewed about Goldsmith.

Last November, Goldsmith wrote a guest column in Newsweek, calling on Major League Baseball to do more about ALS. They did — and on the 70th anniversary of Gehrig's famous "I am the luckiest man in the world" speech, 15 stadiums held fundraising events called "4◆ ALS Awareness."  In New York, the Yankees donated $25,000, and portions of the Gerhig speech were recited by Yankee leaders, who wore a #4 patch (Gerhig's long-retired number). Goldsmith, a law professor based in Utah, stood at home plate with his son, and threw out the first pitch of the game to Mark Teixeira.

Son Austen Goldsmith was quoted in The New York Times:  "Being on the field with my father was the single greatest moment of my life. I think he was holding on for that."

Goldsmith told Times that he "exhorted law students to take a proactive 'can do' approach to the law and life in general," and tried to practice what he preached. "The success of this effort demonstrates yet again how 'the power of one' can make a difference."

Goldsmith lost his battle yesterday. He was 58. Indeed, he proved the power of one man.

Peace be with you, Michael Goldsmith. 

Photo: The New York Times.

November 2, 2009 in Good Works, People | Permalink | Comments (2) | TrackBack (0)

SPOOKY

Saturday night's Halloween, so what better time to check out the latest ways to spend money frivolously! A quick Google search reveals a few options:

Demon_Halloween_iPhone-Case • You can dress yourself or your pet as a cell phone or iPhone. Check out the new iDog.

• You can transform your cell phone into an orange devilish jack-o'-lantern.

• You can get Cute Logic's GhostWriter app for your iPhone and send messages in two "ghostly" fonts: Blood Writ or Angered Spirit (with optional sound effects).

• How about a Halloween Theme for your BlackBerry?

Candy Catch by Lima Sky is good for kiddies, who can catch candy corn falling from the sky.

Haunted Cemetery provides bats, spiders, zombies and other monsters.

• Want to bark, growl or howl? Check out Scary Sounds.

Have a safe, fun Halloween: Enjoy the treats, escape the tricks!

October 30, 2009 | Permalink | Comments (2) | TrackBack (0)

BEISBOL TECH Baseballcomputer

 To celebrate the World Series and the 2009 season, I thought it might be a good time to highlight tech tools available to baseball fans.

FutureLawyer's Rick George was the first to turn me onto ScorePad, which helps you score the game on your PDA. Says Georges: "The best thing is the daily MLBStats upload, which keeps the user current for every player every day."

I've shelled out a lot of money for a lot of baseball tech: I was a charter subscriber to XM Radio; and fought hard to save Extra Innings (which lets you watch almost every MLB game on TV). I even have a silly Derek Jeter message that greets callers on my cell phone.

One tech I did not like was MLB TV, which theoretically allows you to watch any game on your computer when you are out-of-market. I tried it in 2007 and it was dreadful, for a slew of reasons I won't elaborate in much detail here, other than to say the customer service was awful (45-minute waits on the phone were typical), and the system rarely recognized that you were not at home, insisting you were subject to a blackout. I suggested that it could be easily solved by simply having users (already vetted via passwords) type in the zip code where they were located, but was repeatedly told that "ohh nooo somebody might lie." (What are the odds that a significant # of users who pay $100/season for the service are going to lie?)

Anyway... I  revisited computer TV feeds during the American League Championship Series, when the Yankees played Anaheim in a day game on Oct. 19. To my surprise, I could not find any live internet radio feed and I didn't have an AM radio handy to hear our local broadcast on WCBS. I figured it wouldn't be politically correct to leave work at 4 -- or to pretend to work in our lunchroom -- so I broke down and spent $9.95 to buy the new computer postseason.tv package.

I was pleasantly surprised. Produced in affiliation with Fox, it wasn't the same as watching the Fox game on TV, but it was pretty damned good. You get Joe Buck's microphone; and can watch four (out of eight possible) camera angles. It even has Twitter integration, but I didn't try that.

It took a while to get used to, but overall, it was a satisfying alternative (for the desperate) to watch/listen to the Yankees, who lost a tight game that went 11 innings.

Good job, Fox Feeds and TBS Hot Corner!

October 30, 2009 in Baseball / Yankees, Technology, Web/Tech | Permalink | Comments (0) | TrackBack (0)

FAST TURNAROUND

Rescue Sometimes, it takes a change in our routine to appreciate how fast we adapt to change.

I had jury duty this week, which presented an abrupt change to my normal routine. I am also nursing a sprained ankle. So Tuesday, when I was ordered to report to 100 Centre Street (if you watch Law & Order, you know the building) I decided to splurge and take a cab to the courthouse — rather than try to negotiate the subway (which has a lot of stairs). I didn't think it would be a good idea to be hobbling along in an unfamiliar neighborhood in the early morning rain with my leg in a cast.

In my nervousness about getting to the court on time, I decided to take only my computer bag, and accidentally left my cell phone at home. I settled into the jury room, which has wi-fi access, pulled out my loaner laptop, and quickly realized that I was completely screwed. The loaner  (mine is still in the Apple hospital after my logic board fried in Florida last week) didn't have our VPN software installed -— and I had no way to call our help desk. To make matters worse — we just switched our Outlook Web Access domain name and I had not memorized the URL.

Then I remembered — I have a Google Gmail account! So I e-mailed the help desk and, within minutes, the remote IT calvary was at my side.

First, they e-mailed me the OWA info so I could log onto my regular e-mail. Then sent me clear instructions on how to download and activate Cisco VPN software — and voila I was in the VPN.  Good so far, but my then my Entourage wasn't synching. Within minutes, the help-desk crew remotely accessed my machine and got Entourage running.

Total time: about 15 minutes. Result: instead of fuming and losing several unproductive work hours when I wasn't in a courtroom, I was able to  crank away.

For all the whining I do about technology, this adventure made me smile with satisfaction.

Huge KUDOS to James Mackey and our IT team. Everybody has to  endure the hurry-up-and-wait of jury duty, but thanks to our IT team, I was able to take full advantage of the "wait" time. What a difference from even a few years ago, when even one of the above problems would have knocked me out of commission, and so bored I would be counting the ceiling tiles! Technology -- and great IT staff -- really do make a difference.

And even luckier: we got sprung early! So I've done my civic duty now and New York promises not to call me again for six years!

October 29, 2009 in Technology, Web/Tech | Permalink | Comments (1) | TrackBack (0)

SOMETHING OLD, SOMETHING NEW

Jury For the third time in 11 years, I'm at 100 Centre Street (New York Supreme Court), for jury duty. (Eight million people live in New York City, and I get called three times since I left California? Oh well.)

Some things are the same -- the jury assembly room; the sense of humor of the chief herder; the wonderful diversity of this city evidenced across the chairs. But what's different this time is that there are eight carrels along a wall of the main jury assembly room, and the entire floor offers free (and decently strong) wi-fi service.

Laptops are welcome, and the court has just changed its policy on cell phones that have cameras -- they are now OK, but you are chastised not to use the photo functions. (I suspect this reflects the reality that just about every smartphone now has a camera.)

Rumor has it that some sites are blocked, e.g., Facebook, but I had no problem logging on to that site, or Twitter. (The blocked sites may be on the handful of computers that are offered to potential jurors who can use them for 20-minutes at a time).

Jury duty still has a lot of hurry-up-and-wait, but at least it's a bit more productive -- last year and now!

Sat through hours of voir dire -- after which only 2 people were seated, (not me!) Interesting, frustrating, challenging, educational, annoying -- yes, yes, yes, I know -- civic duty, etc. -- but like everybody else -- to be honest, I'd really rather be at work. Yes, yes, yes -- I know.

October 28, 2009 | Permalink | Comments (0) | TrackBack (0)

AMBROGI'S OCTOBER PICKS

Ww10 Web Watch: In the October issue of Law Technology News, Robert J. Ambrogi explores an array of new websites of interest to the legal profession, including WhichDraft.com, which helps users automatically assemble contracts and other legal documents. Users start the process by finding the type of document they want and then answering a series of simple questions.

Lawyers can also use the system to automate the assembly of their own documents. Ambrogi also explores Casemakerdigest, which offers summaries of recent cases, and Harvard University's new site, DASH, which offers access to scholarly articles written by faculty and students, as well as new sites from Littlearth that help users search for specific information, such as PatentSurf and Case-Law.

October 22, 2009 in From the current issue of LTN, Web/Tech | Permalink | Comments (0) | TrackBack (0)

LTN AWARDS: VOTING OPEN

LTNawards09logo Vote! Yes, it’s that time again — for you to tell us which vendors should receive our 2009 LTN Vendor Awards! The online ballot is survey style, and will take just a few minutes to complete! Deadline: November 15. (You will need your account number, from your mailing label — e-mail Kerry Kyle kkyle@alm.com if you can’t find it.) Click here to vote.

We are also accepting nominations for our juried LTN Awards, which honor law firms, law departments, and consultants. Categories include: IT Director of the Year, IT Champion of the Year, Consultant of the Year, Lifetime Achievement Award, and Most Innovative Use of Technology in a Law Firm, a Law Department, a Trial, and Pro Bono Project.

This year, for the first time, we will be present the LTN Lifetime Achievement Award — I will be making the selection of that individual. Candidates must be 55+, and I welcome nominees. There are no restrictions: it can be a lawyer, a paralegal, a vendor, a CIO — anyone in our wonderful legal technology community is eligible.

As is our tradition, the remainder of the juried awards will be selected by three distinguished members of our LTN Editorial Advisory Board: Andrew Adkins III, of the University of Florida’s Levin College of Law; Fredric Lederer, of the William & Mary School of Law; and David Whelan, of the Law Society of Upper Canada.

Deadline: November 13. Click here for nomination forms. 

October 22, 2009 in Awards & Accolades, People, Technology | Permalink | Comments (0) | TrackBack (0)

ARMA-GEDDON FOR MY COMPUTER?

Priority Process: My computer died Friday while I was at ARMA (the long-established records management group holding its annual meeting in Orlando) -- and I had to rely on old-fashioned journalism to file my Friday Law Technology News Daily Alert -- I phoned it into the "copydesk" (a.k.a. my wonderful San Francisco colleague Sean Doherty) in order to make my deadline.

The subject of my alert was a terrific late Thursday panel, that was offered as part of the ARMA/ILTA "Lit Con" Legal Information Technology Conference at the World Center Marriott. The experience reminded me of how important process is to accomplish business objectives when exceptional events occur.

Poteet And that was the theme of "Processing Departing Attorneys," which featured Thomas Paradise, general counsel of Fox Rothschild, and Mary Pat Poteet, (left) director of litigation support for DLA Piper U.S., and moderator Charlene Wacenske, manager of firmwide records for Morrison & Foerster.

For two hours the panel discussed the challenges managers face when attorneys leave the firm -- whether amicably or unexpectedly — and especially when departees demand to take records with them. In these events, the panel agreed, process is a priority to maintain a consistent and compliant response.

A key goal is to create protocols that help all involved provide an orderly transition of client files, whether they are going with the lawyer to a new firm, or not. It also helps to have established procedures so that everyone knows how voicemail, e-mail and snail mail will be handled, the panelists said. 

Another tip: create a checklist, and in so doing, to solicit ideas from all affected corners of the firm. Designate one person to maintain the list, they suggested. Select a method to insure that all affected personnel receive timely notice of depending departures, and create a SWAT team for sudden disability, deaths, or immediate departures, the panelists advised.

Wacenske said that MoFo has created a Sharepoint site to help the workflow, and Paradise reminded everyone to "make sure your checklist mirrors your other policies." The checklist, they noted, can also help the organization when dealing with litigation holds.  

IRR Later Friday, after filing the alert, I had the wonderful opportunity to chat with Ray Davis and Steve Fulmer, of "Inside the Records Room," and you can listen to the podcast here. We discussed a wide range of topics, from e-discovery to social media. (Huge thanks to the ARMA marketing team, especially Jeff Randolph and Ashley Flynn.)

I also had a chance to talk with a few of the vendors at ARMA, including EMC, Autonomy, and DocuLex. It was a quick visit, but very educational. 

And there was good news, when I limped back to the office -- inspired, but exhausted -- and of course, nursing a Disney-land cold (I do not like traveling in economy on planes full of small children with runny noses). I fried my logic board but not my hard drive! 

Repair So my MacBookPro is off to the Apple hospital but should Lazarus AOK. (Why do these things ALWAYS happen at deadline?) Thanks to my IT team for scurrying up a spare laptop for me to limp with until my not-really-beloved MBP arrives home OK. (From now on, I'm never goin' nowhere w/o my Dell). But ya never know how much you like your computer until it crashes. 

October 19, 2009 in Conventions, Meetings, Live Programs, Technology | Permalink | Comments (0) | TrackBack (0)

COLORADO EDD SUMMIT

Peck Jeffrey Staal, litigation support manager of Denver's Davis Graham & Stubbs, checks in to let you know that the Colorado Association of Litigation Support Professionals will host its third annual E-Discovery Summit on October 30 at the Grand Hyatt Denver.

The event will feature Magistrate Judge Andrew Peck, (right) who is featured in Law Technology News' October "Up Close" will address the creation of a search protocol. 

Other speakers include Beth Niepokuj of Plunkett Cooney, Marcy Heronimus of Sherman & Howard, David Garrett of Stroz Friedberg, Elleanor Chin of Davis, Wright & Tremaine, and Timothy Gordon of Holland & Hart. A cocktail reception ends the day. For more information, contact Staal.

October 19, 2009 in Conventions, Meetings, Live Programs, EDD: E-Discovery, People | Permalink | Comments (0) | TrackBack (0)

LOST IN TIME

WhelanMany lawyers have embraced time-and-billing technology to help them track workflows and improve the accuracy of bills. But you may not know that there are even more tools that can help you "work smarter, not harder," says David Whelan, manager of legal information for the Law Society of Upper Canada, and a member of the Editorial Advisory Board for Law Technology News.

New software is even more nuanced -- and can help legal professionals capture elusive billable time that is often lost, such as time spent in online research. Whelan reviews three products: Chrometa 2, Worktime 4.2 and TimeSprite 2.1. From the October issue of Law Technology News.

October 14, 2009 in Technology | Permalink | Comments (0) | TrackBack (0)

MINNESOTA NICE (GOODBYE & HELLO)

Amdome Back from the Twin Cities,  where I had a wonderful time, catching up with pals (shout outs to Katie Montgomery, Linda Will, Jim Pancero, LaVerne Pritchard & Linda Ulbrich, Jon Bream, and of course, Teri "Jersey Girl" McCarron).

It's always an absolute treat to attend any baseball game sitting next to  knowledgeable fans of the opposing team, and having gone to quite a few Yankees away games across the U.S., I've always been impressed with the great sense of "sportmanship" among fans, even at Fenway Park. (The only notable exception are the 20-year-old Boston fans who come to Yankee Stadium drunk, get drunker, and throw up in the subways, which is why I will no longer go to summer Saturday Boston/Yanks games.)

I've made great friends through mutual love of baseball -- besides Teri, Ron Stevens and David Baker (White Sox); Silvia Coulter, Bob Ambrogi and the seemingly countless number of Red Sox Fans; Stephanie Hall and Ashby Jones (Halos); Rick Georges (Rays), Donna Payne (Mariners), to name just a few. (And a ton of Twins fans).
 
Of course, postseason adds quite a bit of intensity to the mix. I actually had my first-ever bad experience at the Dome Sunday (while completing my Cal Ripken-esque streak of attending every Yanks/Twins Minnesota game since the Clemens/Boomer knockouts in ALDS 2003.) While JG and I had absolutely lovely seatmates to our left, I got stuck next to a true lout -- a tall, hugely fat (probably 350 pounds) slob of a guy who did the V thing with his legs, (spreading them as wide as possible so they intrude on seatmates), arms pouring all over the dividers, and spewing endless hulls from his three bags of peanuts into the hair of the nice woman in front of him.

It immediately triggered my claustrophobia, and I very politely asked him if he could kindly give me a couple inches. He looked at me with complete disdain and snarled, "I am what I am. Deal with it."

Elvisflag2 Didn't set a great tone for the night. Fortunately, petite JG switched seats with me, and I could breathe again. It also didn't help that there weren't many NYY fans in our section, and Mr. $39.95-million-for-26-starts-and-9-wins Pavano actually pitched a gem, and it was a tense, taut game until the end. JG and I were figuring we were headed to a game 4.

But the boys pulled it off. I give just a little bit o' credit to the karma that came along with me -- as is my tradition, I brought a NYY flag (left) signed by just about everybody in section 409 at Game 1 in the Bronx. Jersey & I figured we'd bring a little Aura & Mystique with us, too (see above).

We didn't let Mr. Minnesota Mean ruin our sweep!

I have eight years of wonderful memories at the Dome, and I thank Luis Breazeale and his wonderful team at the Twins for so many magical, memorable times!  Congrats to the Twins for an amazing season, especially the last month!

I'm happy. I got to see the last baseball game ever played at the Metrodome, and take Jon Bream to the first postseason game ever played at the new Yankee Stadium. So far, a great postseason!

I'll turn the microphone over to JB for his report:

By Jon Bream (right, with Jersey Girl at the Dome):

Jbjp,jpgI took two chances going to the first ever playoff game at the new Yankee Stadium: Wearing a Minnesota Twins cap and sitting next to Monica Bay.

Actually, sitting next to your favorite Scolder wasn’t bad – as long as you can put up with her befriending every last person in the section by having them autograph her Yankees flag that she planned to take to the ensuing playoff games in Minnesota.
 
Wearing a Twins cap in a foreign stadium made me feel  a bit like my immigrant grandparents arriving at Ellis Island. Except I spoke a language similar to the one uttered by these stadium inhabitants, though I did hear an unfamiliar idiom, “Boston sucks.” Actually, wearing a Twins cap (it says TC not NY on the front; that’s short for Twin Cities for the uninitiated, as in Minneapolis and St. Paul) in a foreign stadium was not all that bad. For instance, when the 30-mph-winds blew my cap two rows away, Yankee fans kindly returned my headwear without comment. We’d call that Minnesota Nice back in the Land of Garrison Keillor, Prince and 10,000 Treatment Centers.
 
 While Monica was off collecting autographs, I engaged the Yankee-cap-wearing young woman next to me in a conversation. We were both at the new ballpark for the first time, we discovered. She said she’d been to St. Paul once for a wedding. She was friendly and polite and even shared her French fries with me. She’s in PR.  I couldn’t remember how many times I’ve been to New York but I’d been to the old Yankee Stadium twice. I told her that I’d been to the Metrodome, where the Twins play, countless times, including for all the games in the 1987 and ’91 World Series. About that point in the conversation, Monica returned and talked about all her trips to the Metrodome, where she has had a timeshare since 2003.
 
Wearing a Twins cap in the House That George Built proved to be OK. Not only did no one give me a hard time, one Bronx-accented man approached and told me how he loved the Chicago Bears (because of his uncle) and the Minnesota Twins (because the way they played). He then rattled off the names of Twins from the past including Harmon Killebrew and Rod Carew, two Hall of Famers, and Cesar Tovar and Steve Braun, who were about as famous in New York as Tom Tresh and Jake Gibbs were in Minneapolis. And he liked Kent Hrbek, the homegrown Minnesota kid who starred in the Metrodome.
 
Frankly, the only time I really felt out of place in Yankee Stadium was when the home team scored a run and everyone around me stood and starting high-fiving. I merely sat with my stoic Bud Grant face and no one bothered me.
 
By the ninth inning, the Twins came up short, as you know. No one around me gloated. No one mocked the Twins. The Yankee fans merely marched down the spiraling ramp shouting “Boston sucks.” I didn’t bother to tell them that my son goes to Boston University.
 
Jon Bream is a reporter for the Minneapolis Star Tribune. His latest book, Neil Diamond Is Forever: The Illustrated Story of the Man and His Music,” was published this month by Voyageur Press.


October 14, 2009 in Baseball / Yankees | Permalink | Comments (0) | TrackBack (0)

THE RIGHT FIT

Rightfit With so many vendors using the same 12 words to describe their electronic data discovery services, no wonder general counsel and outside firms often feel overwhelmed when trying to evaluate companies.But the key to vetting, hiring and managing vendors is asking the right questions, say John Reilly and Stephen Schutter in "The Right Fit," part of Law Technology News' October issue, EDD Showcase: GC Perspectives.

Reilly, an associate GC for Lorillard Tobacco Co., and Schutter, of counsel to Shook, Hardy & Bacon, offer concrete suggestions for drafting vendor contracts, reminding readers to address a wide range of topics, including quality control, warranties and remedial provisions, training and support, pricing, disaster recovery and reports.

October 12, 2009 | Permalink | Comments (0) | TrackBack (0)

KUDOS TO KODNER

Kodner_Ross Ross Kodner, a frequent contributor to Law Technology News, and even more frequent speaker across the country at small firm and solo programs, will be honored this month by the State Bar of Wisconsin and the Milwaukee Bar Association.

Kodner will receive the first annual John Lederer Solo and Small Firm Service Award at the Wisconsin Solo and Small Firm conference (Oct. 29-31.)

“The WSSF Conference leadership felt this award was needed to recognize those individuals, groups or organizations which have focused on improving the lives and practices of solo and small firm attorneys in Wisconsin,” says Nancy Trueblood, Wauwatosa, Solo and Small Firm Committee chair. "The award will be presented annually to an individual, group, or organization exemplifying the leadership, spirit, and dedication of attorney John Lederer, who saw it as his mission to help solo and small firm lawyers master the skills and technology needed to build their practices. Lederer passed away in March of 2009," the group reports.  

“Ross deserves to be the first recipient of this award due to his numerous, tireless volunteer efforts over the years on behalf of solo and small firm attorneys,” says Trueblood. “Whether he is speaking at a conference or seminar, blogging or answering questions on State Bar electronic lists, his advice and guidance has been invaluable to Wisconsin solo and small firm practitioners.”

Read Kodner's most recent LTN article, "Increase Your Wingspan" (about installing dual monitors for your computer, here.

Congratulations, Ross. A very well-deserved accolade!

October 7, 2009 in Awards & Accolades, People | Permalink | Comments (0) | TrackBack (0)

SWEET TIMING

JbJon Bream is in town, the first East Coast stop on the tour for his latest book, Neil Diamond is Forever. His timing is impeccable -- he's in NYC just in time to join me tonight for game 1 of the playoffs. It's especially sweet, because -- after one of the most amazing games ever played (for me, topped only by the Aaron Boone 2003 ALDS game) -- the Yankees are facing the Twins.

NeilBream has been the music critic at the Mpls. Star-Tribune for more than 30 years -- the longest tenure of any daily newspaper music critic other than Joel Selvin at the SF Chron, (and technically, Selvin has retired .) Bream also contributes to Law Technology News (his next article, "Greening Greene Espel" will appear in our November issue). 

JB and I go back to our cub days at the Minnesota Daily, where he hired me to be the first "girl" to cover rock and roll at the 43,000-circ newspaper. It was heady times -- our editor was Paul Brainerd, who went on to found Aldus Pagemaker, coin the term "desktop publishing," and become a close friend-of-Bill (not Clinton).

Late last night, JB  taped a segment for the Joey Reynolds show on WOR710 radio. Before he headed over to the studio, we watched the tiebreaker game at the Mudville 9 Saloon, a funky, friendly sports bar. The cordial staff warmly welcomed us all the way through the 12th inning walk-off climax. (Not many NYC restaurants would let you occupy a table for 3-1/2 hours over a $40 dinner!) It was a blast, and a suitable substitute for being in the Dome -- with enthusiastic constituents of both Twins and Tigers camps. 

Bream's last tome was a coffee table extravaganza, Whole Lotta Led Zeppelin, and his first was Prince: Inside the Purple Reign. The 160-page Diamond book is a feast for the singer's  fans, and chronicles his career from early struggles to sold-out arenas. Jon draws heavily from his many interviews with Diamond since 1976, and the books is crammed full of photos of memorabilia, such as concert programs, posters, backstage passes, etc.

Red Sox fans may be surprised to learn that "Sweet Caroline," the anthem of Fenway 8th innings, "was inspired by a photo of 11-year-old Caroline Kennedy." It has become the singer's most covered song, Bream says -- with Frank Sinatra, Elvis, Ray Coniff and Waylon Jennings among those who have recorded the very annoying ditty. (Go Yankees).

More on Bream's book tour:

Vintagerock.com interview.

Pastemagazine.com article by C. Lee.

BC (Blog Critics) review by J. Gardner.

October 7, 2009 in Books, Distractions :), Green Law, People | Permalink | Comments (0) | TrackBack (0)

ABA: LAWYERS R EMBRACING SOC NETWKG

Network Lawyers are beginning to embrace social networking, says the new ABA Legal Technology Survey. "Social networking for personal use is gaining popularity among lawyers," it says, with 43% of respondents saying they "maintain a personal social networking presence" -- up 15% from last year.

And slowly, firms are joining the bandwagon, it says, with 12% participating in communities such as Facebook, Linkedin, LawLink or Legal OnRamp.

Lawyers are increasingly addicted to their BlackBerrys -- that's not news. This year, 82% are using smartphones, PDAs, or BBs -- a significant jump from last year's 64%. And while iPhones are increasingly popular among lawyers, that hasn't translated to a switch to Apple: Only 4% of respondents use Mac OS on their primary computers.

The annual survey is available here  www.lawtechnology.org/survstat.html, and is produced by the ABA's Legal Technology Resource Center. Director Catherine Sanders Reach will share more news from the survey in the December issue of Law Technology News. www.lawtechnews.com.

October 5, 2009 in Social Networking, Surveys | Permalink | Comments (1) | TrackBack (0)

SAD NEWS: CRAIG JOHNSON

Craig Headshot 3x4 We just received the sad news that Craig Johnson, CEO and founder of Virtual Law Partners, has died, unexpectedly. Details about the service will be announced shortly.

The firm’s executive committee and senior management will appoint an interim committee to take over Johnson’s responsibilities until a new chief executive is named, reports VLP.

In 1993, Johnson co-founded Venture Law Group, whose client roster included Yahoo!, Hotmail, and WebTV. A graduate of Stanford Law School, Johnson began his law career at the law firm of Wilson Sonsini Goodrich & Rosati. He is also known as the co-founder of Garage Technology Ventures and Financial Engines, as well as numerous other high tech companies in Silicon Valley. Johnson received his undergraduate degree from Yale and worked as a Peace Corps volunteer in Ethiopia.

Obituary from The Recorder.

October 5, 2009 in People | Permalink | Comments (1) | TrackBack (0)

US AIR: EMPOWERED TO SAY NO

Angry Don't make any mistakes if you are buying a USAir ticket online. Unlike United -- which allows you to cancel an online reservation within the first  24 hours with a full refund -- if you screw up on USAir, and notice it five minutes later, too bad.

Never mind that USAir is a United Star Alliance partner. Never mind that I am a UAL Premier Exec-level flyer. They don't care. Don't bother to ask for a supervisor, they don't care. You make a mistake, you get to pay a $150 fee to change it, even if you realize you goofed within moments of hitting that "buy" button. Never mind that the ticket was only $209.20 so I'd be losing almost 75% of my ticket value to change it. They don't care.

Apparently, they don't care about customer loyalty, either -- because in one phone call, they lost mine. And I've always been very happy with USAir, even before Capt. Sully piloted that Airbus from LGA to Midtown.

I won't bother you with the details, and fortunately, it was a relatively innocuous mistake. But because I am flying a United flight via a USAir codeshare, instead of booking thru UAL, I won't get my "double EQMs" (elite qualifying miles).

OK, I'll tell you a few details. When I was comparing prices, I accidently typed the wrong date into the UAL site, which I checked first, and the fare to ORD RT came up around $560. USAir's was $209.20, so I bought USAir.

Then I went back to the UAL site so that I could politely whine to UAL about the price variance -- but when I typed it in again, this time with the right dates, United's price was the same as USAir. Because I care about the double EQMs, I wanted to rebook the ticket directly with United.

I called UAL, and a very sympathetic rep suggested that I could probably cancel my USAir purchase -- but warned me to be sure that I first checked their refund policy -- and then rebook on the flights on United, which, as we have noted, has a 24-hour refund policy on ALL online tickets!

But nooooooooooooooooooooooooooo. Not US Air. You hit send, you're done. Period. No escape. No ability to appeal if you make a dumb mistake. Rules, baby, rules. No excuse is reasonable. Five minutes, five hours, they don't care. You hit send, sucker, your money's ours. They don't care.

Did I say that United allows you to cancel an online purchase and get ALL your money back in the first 24 hours? 

In my experience, United -- with some notable exceptions -- has consistently good customer service, especially when dealing with its elite-level flyers. (Remember, I'm biased as a UAL brat). On my third call tonight, yet another kind UAL rep was sympathetic -- and made sure I got a decent seat on the upcoming flights. She even volunteered to appeal to Mileage Plus to try get me get my double EQMs. I didn't expect her to be successful, (and she wasn't)  but I loved that she tried.

Smart business leaders know the importance of empowering customer service representatives with the authority to make reasonable actions to solve problems. Are you listening, US Air?

And it's a good thing that I don't have a band, because if I did, I'd be singing really loud right now. Just ask United what they learned from Dave Carroll.  You didn't break my guitar, US Air, but you sure broke my trust.

October 3, 2009 in Travel | Permalink | Comments (2) | TrackBack (0)

IM-PECK-ABLE

Peck Magistrate Judge Andrew Peck, who serves on the U.S. District Court for the Southern District of New York, has been quite active in drafting e-discovery rulings, such as March's William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Co. and Anti-Monopoly, Inc. v. Hasbro, Inc. -- both establishing important guidance for the creation keywords for searching electronically stored information. (See here, here, and here.)

But did you know that Peck also has written a reference book on all things Sherlock Holmes? Or that he drives to work (unusual for a Manhattanite). And you probably won't be surprised to see that he and I share the same favorite website. After all, he lives in New York City!

Check it out here in the October issue of Law Technology News.

October 3, 2009 in EDD: E-Discovery, People | Permalink | Comments (0) | TrackBack (0)

LAZARUS FOR CLEAR?

30clear_190

I am so glad I didn't toss my Clear card -- it looks like Clear (a.k.a, Verified Indentity Pass, which was founded by my former boss, Steve Brill) may come back from the dead, according to this report in The New York Times.

The service allows previously-vetted passengers to cut to the front of security lines at airports, etc.

As far as I'm concerned, it can't revive a moment too soon. I SOOOOOO miss the excellent service, esp at JFK and SFO - -- two of my most frequent haunts.

October 1, 2009 in Travel | Permalink | Comments (0) | TrackBack (0)

MUSICAL CHAIRS IN THE EXECUTIVE SUITES

Georgemay

After almost 25 years, George May  (right) has left Thomson Reuters, where he was vice president and general manager of West Solutions, to become vice president, product strategy, at Kroll Ontrack. At West, his duties ranged from expanding online services overseas, and managing the development of publishing and product systems, he says.

Goldin

May is not the only longtime employee to have a change of address. Connie Moser, the superb marketing diva at Thomson Elite, was recently recruited by Mark Goldin, left, who had served as senior vice president and chief technology officer at Thomson Elite, to join American LegalNet as its director of marketing. Goldin was LegalNet's new CTO, but after only five months in that chair, he hopped over to the CTO's chair at DestinationRx this month.

For the latest news when the music stops, check out Law Technology News' monthly People column.

October 1, 2009 in People | Permalink | Comments (0) | TrackBack (0)

REBEL CALL

Rebels_tour_header

Our former ALM colleagues, Edward Adams and Molly McDonough, have just completed a two-week road trip -- one component of the ABA Journal's "Legal Rebels: Remaking the Profession" project. Adams is now the editor and publisher of the ABAJ; McDonough is the online assistant managing editor. They were joined on the tour by reporter Rachel Zahorsky and video dude John McQuiston.

The idea of the project was to identify lawyers who have changed the practice of law, and to report using just about every conceivable type of media: video, audio podcasts, wikis, photo slideshows, flicker, Facebook, Twitter, YouTube, etc. They even offered a "song of the day" during transit.

Taking full advantage of sponsor product placement (Hertz provided the SUV, Sprint the phones and Starwood the crashpads), the journey started in Boston and ended up in Washington, D.C.

They conducted daily interviews with a wide range of lawyers, including "Free Talker" Frank Aquila, and "Gossip at Law" David Lat (who was profiled, and then conducted a very strange interview of Steven Brill, the founder of American Lawyer Media).

Hats off to the ABAJ team for an ambitious adventure that demonstrates the strengths (and some of the weaknesses) of the exciting and sometimes overwhelming new technologies we are all grappling to understand and use.

October 1, 2009 in People, Social Networking, Technology, Travel, Web/Tech, Webinars, Podcasts, Programs, Weblogs | Permalink | Comments (1) | TrackBack (0)

LOVE RIDE


Judilr

For the third year in a row, Judi Flournoy -- CIO of Loeb & Loeb,  and a member of LTN's Editorial Advisory Board --  is participating in the Harley Davidson of Glendale, Calif. "Love Ride," which raises money for 12 different charities, ranging from Special Olympics to Glendale Community College to the Muscular Dystrophy Association.

On Sunday, Oct. 25, she will be one of "15,000 motorcycle enthusiasts will embark on a motorcycle ride from Harley-Davidson/Buell of Glendale, located at 3717 San Fernando Rd. Glendale, to the Pomona Fairplex (1101 West McKinley Ave. Pomona, CA. 91768) for a Concert and Trade Show."

To contribute, visit Judi's donation page here.

10/9 Update from Judi: "I was just informed that the ride was cancelled due to the weak economy.The donations collected thus far will still go to the various organizations."

September 27, 2009 in Good Works | Permalink | Comments (0) | TrackBack (0)