By Christian Rummelhoff

Implementing a records management program in any organization is chal-

lenging, but even more so when you are dealing with autonomous, decen-tralized business units. Effective leaders use communication — and appropriate customization — to construct the most effective systems.

If you’ve implemented a centralized records management program, you’ve seen employees chaff at being forced to change work habits. They see extra work — learning a new application, sys-tem or process — and may not see the value of records management, or under-stand the cost and risk of accumulating inconsistently-managed information.

But it’s not only the individual em-ployees who react this way: entire busi-ness units, departments, or function groups may grumble, push back, or threaten open rebellion against a com-pany-wide program.

This reaction is usually less severe in companies with many central services. Employees at these companies are ac-customed to having corporate-level de-mands inserted into their day-to-day operations.

But centralized protocols are a tough-er sell when business units provide their own services and support. Some units may have expended significant effort to

create a formal set of procedures. Others have developed informal practices, or operate with a shared attitude towards records management (such as “keep everything”). In either case, resistance within autonomous business units rais-es the risk of noncompliance.

If you are in the process of imple-menting a records management pro-gram in a decentralized company, here are five tips that may help prevent rebellion:

1. Involve key players: The standard (good) advice when establishing a company-wide program is to involve key people early in the process. Identify pockets in the company with an inde-pendent culture, or with very different needs from the rest of the company. Speak with the leaders of the business units and identify the people who have knowledge of the records and regula-tory environment. Reach out and en-courage their input in the development of the company-wide program.

2. Listen to pushback: Assume push-back is the first glimpse of resistance you’ll encounter later. Listen carefully to feedback and plan to address these points during training. Your efforts may not win converts outright, but it will help you identify real and perceived issues. To succeed you need to at least mollify open

PRESIDENT’S CORNER

Mobile LawyerRESOURCES

The Nokia E72 smartphone device supports both busi-ness and personal messaging. Nokia says research has found that 42% of people prefer e-mail over voice or text when receiving important information, so it designed the E72 so that users can set up multiple work and personal e-mails accounts and profiles. The phone can be set up for instant messaging directly from the homescreen.

It includes a full qwerty keyboard. Page 16.

New York-based Skooba Design says its new Netbook Messenger Bag holds 10” net-books, along with other portable devices and accessories. It has 20 pockets, and weighs 24 ounces. While the bag features a courier-style flap, a zip-open top slot also provides access to the main compartment without having to open the main flap. Page 16.

Toronto-based Gavel & Gown Software ( www.amicusattorney.com ) has introduced its Amicus 2010 line of practice manage-ment software. The suite includes a premium and small firm edition of Amicus Attorney 2010, as well as Amicus Accounting 2010 and Amicus Mobile 2010, reports

president Ron Collins.Amicus Attorney’s upgraded

calendar helps users track ad-journment histories (including reasons and dates), and helps users prioritize events and dead-lines. A file management feature helps users assign specific actions to files. Ron Collins

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As this issue goes live online, we will be opening LegalTech New York, across town at the Hilton

New York. If you are reading this on Feb. 1, 2, or 3, there’s still time to grab a cab, train, or flight and join us! But if you can’t make it this year, no wor-ries: We’ll have a detailed report in the March issue, with profiles of the winners of the LTN Awards. Our judges (Andy Adkins, Fredric Lederer, and David Whelan) did their usual wonderful job of selecting inspirational winners.

I am especially thrilled about our inaugural Life-time Achievement awards, which honored three veterans of our legal technology community: John Alber, of Bryan Cave; Thomas Burke, of World Soft-ware; and Thomas Collins, founder of Juris.

Now we turn our focus to California, as prepara-tion starts for two exciting events: a “Social Media: Risks & Rewards” conference in San Francisco on April 19; and LegalTech West Coast, June 23-24 in Los Angeles. My colleague Judy Kelly is always look-ing for speakers and topic suggestions; feel free to contact her at jkelly@alm.com .

Turning to this issue, we are very proud to provide you with our first Compliance Showcase. As e-discovery matures, it’s been fascinating to see compliance gather energy like a fast-moving Nor’eastern storm. The two topics are certainly related, and in this issue we offer a package of arti-cles that we hope will provide you with a solid over-view. Contributors include Christian Rummelhoff, Thomas Shaw, David Cunningham, and Theodore Banks. There’s even a glossary to help IT leaders navigate the terrain.

We always love it when mobile lawyering is on our editorial calendar. I’m always so amazed at how quickly we adapt to some new technologies, and how sluggish we are with others. But one arena that has certainly changed from the days of Selec-tric typewriters and carbon paper is digital dicta-tion. Brett Burney takes a look at two big players in the “enterprise” arena, as well as some spunky services that target solos and small firms.

Ross Kodner brings us up to speed about those ubiquitous “netbooks” that are starting to show up not just in first class, but in coach seats. You may be surprised to learn that they actually have enough power to run your favorite work applications.

Jonathan Ezor reviews Palm’s latest smartphone, the Pre, and concludes that with some limitations, it’s very lawyer-friendly.

And be sure to check out our new website, www.legaltechnologynews.com, and our podcast, www.lawtechnologynow.com. Among the folks in our videos and podcasts are Craig Ball, George Rudoy, Douglas Caddell, and Pam Weisz, talking about their recent LTN articles.

Continually,

By Monica BayThe New York City chapter of Women in E-Dis-covery , lead by the indefatigable Babs Deacon (who serves as Northeast and international re-gional director), kindly invited Craig Ball et moi to speak at its January meeting.

WiE was founded by Shawnna Childress, Lana Schell, and Margaret Havinga, who “envi-sioned an organization with no barriers for any woman to enter” — so membership is free, and monthly meetings include a meal and educa-tion, also free. This is a very good policy; not only because the economy is so challenging for all of us right now, but especially because the people who need WiE’s education and net-working opportunities the most are those early in their careers. I vividly remember how it felt to be fresh out of law school, struggling to find my career niche, and so broke that I often faced the choice of paying the PG&E bill or buying food. No way could I have afforded even a $25 membership fee, or a single lunch tab. Wise move, WiE leaders!

January’s meeting was my second invitation to address the NYC crowd; the first was in the fall of 2008, shortly after the release of dismal U.S. Census figures revealing astounding pay differentials between women and men in our own profession. They showed that across our industry — from judges to lawyers to support

staff — women were earning only 51% of what males earn to work in the law. This, in the legal profession?! Where we are supposed to stand for equality and justice? Even more shocking: even in the paralegal/litigation support arena, positively dominated by estrogen, there was still a gap, with the testosterone team earning 6.8% more than women.

As I wrote in LTN at the time, “this is unac-ceptable.” I challenged every law firm manag-ing partner, every GC, and every vendor CEO to fix it. “Check your employee records, and fix it, today.” And then I walked into Bill Pollak’s office (ALM’s president and CEO) to confirm what I already happily knew — that my own organization was gender-neutral when it came to cutting checks.

SELECTION V. RETENTIONWhich brings us to back to the January WiE meeting, and the question of how can women crash through that proverbial glass ceiling?

Ball (an Austin-based attorney/e-discovery special master, and author of LTN’s “Ball in Your Court” column) offered some updated statistics:

• Women now represent fully half of all law school graduates.

• One third of law school grads go the Big-

E-discovery can be your fast pass to success.

FRONTUPEDITOR’S NOTE

Take the Fast Lane

www.lawtechnologynews.com4 • LTN • February 2010

See Bay Page 29

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CONQUER RECORDS: Five tips to help you establish a records management system in a decentralized organization, with minimum pushback.

Cover Story

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Contents

6 • LTN • February 2010 www.lawtechnologynews.com

LTNLaw Technology News

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Clearwell &Microsoft has purchased the Clearwell E-Discovery Platform, for use by its legal and IT teams. It helps with electronic data discovery processes for litigation, regulatory inquiries and internal inves-tigations.

The program accelerates early case as-sessment by helping legal professionals quickly determine facts. It offers search tools, metadata filters, and analytics to help reduce irrelevant documents and false positives.

Clearwell is based in California ( www.clearwellsystems.com ); Microsoft ( www.microsoft.com ) in Washington.

IntraLinks &Lewis Silkin has named IntraLinks as its supplier of client extranet platforms, which help users exchange sensitive in-formation via a secure, compliant, and auditable system.

The firm is using the extranets to re-place fax, e-mail, and courier services, and to streamline the exchange of com-plex document sets. It also helps users collaborate with external parties.

IT director Jan Durant said that the extranets are provided as software-as-a-service, making them less expensive than firm-built systems.

Durant also cited IntraLinks’ secu-rity, and 24/7 live support as reasons for the selection.

IntraLinks ( www.intralinks.com ) is based in New York; Lewis Silkin ( www.lewissilkin.com ) in London.

Traveling Coaches &Akin Gump Strauss Hauer and Feld has purchased services from Traveling Coaches to supplement its technology training program.

The firm selected Traveling Coach-es’ content, in conjunction with a pur-chase of UniversitySite and SkillSite from Profiscience Partners. Skill Site measures and tracks technical skills for legal document production, and creates personalized learning plans for users. The plans are implemented through UniversitySite.

Traveling Coaches’ Class (Contin-ued Learning and Software Skills) is a collection of modules of legal-specific, customizable technology training ma-terials. Classe is a collection of shorter, interactive, online lessons.

Traveling Coaches provides training, application integration, and consulting to law firms and corporate legal depart-ments.

The company ( www.travelingcoaches.com ) is based in Texas. Profiscience Partners ( www.profiscience.com ) is also based in Texas. Akin Gump Strauss Hau-er and Feld is based in Washington, D.C. ( www.akingump.com ).

Keane &The Administrative Office of the Unit-ed States Courts ( www.uscourts.gov/adminoff.html ) has selected Keane ( www.keane.com ), an information technology services firm, to provide project man-agement support.

The company will help implement IT projects of various sizes within the AOUSC, both in its Washington, D.C. headquarters and nationwide.

Keane also will help the office’s IT leaders with ongoing project reviews and quality assessments.

The one-year contract has an option for four additional years, the parties note.

Keane, based in Massachusetts, offers applications, infrastructure, and busi-ness process outsourcing services.

DataCore &McNamee, Lochner, Titus & Williams has selected Florida’s DataCore Soft-ware ( www.datacore.com ) to provide storage virtualization.

The firm now uses DataCore’s SANmelody, along with Microsoft Windows Server 2008 Hyper-V, for storage virtu-alization. The software increases the firm’s digital storage capacity and helps reduce downtime.

In selecting DataCore, the firm con-sidered both ease of expansion and sys-tem redundancy, says IT director Jack Weisberg.

Another factor was that different types of hardware can be replaced or added to the system after the software has been installed.

The software was installed by New York-based P&J Computers ( www.pj comp.com ). McNamee, Lochner, Titus & Williams (www.mltw.com) is also headquartered in New York.

DataCore provides software for stor-age virtualization, business continuity, and disaster recovery.

BigHand &New York’s Bond Schoeneck & King( www.bsk.com ) has purchased Big-Hand digital dictation software. It helps users with dictation, managing dicta-tion workflow, and sharing work across multiple offices.

The firm chose BigHand based on its ease of setup, administration, and main-tenance, says IT director Jean Hay.

Other factors included “usability, mobility options, and the overall at-tractiveness of the user interface,” says Hays. The limited training required was also appealing to users, Hays added.

The firm also introduced BigHand for BlackBerry Smartphones. It helps users work while away from the office, and also helps reduce investment in new dictation equipment, says the com-pany.

BigHand ( www.bighand.com ) is headquartered in Illinois.

Mimosa Systems &California’s Mimosa Systems ( www.mimosasystems.com ) reports that North Carolina’s Office of Information Tech-nology Services ( www.its.state.nc.us ) has purchased Mimosa’s e-mail archiving software. Approximately 41,000 state employees now use Mimosa NearPoint to retain, search, and retrieve e-mail through the ITS infrastructure.

The software captures e-mail meta-data and relevant content for electronic data discovery and disclosure requests, to expedite EDD processes and help the state comply with state and federal laws. The state receives and sends more than one million e-mails daily.

Merrill Corp. &Minnesota-based Merrill Corp. ( www.merrillcorp.com ) has partnered with the University of Alabama School of Law ( www.law.ua.edu ) to create a course to prepare law students for cases that in-volve electronically stored information.

“The Paperless Lawsuit: Preparing the Law Student for Trial Practice in the Age of E-Discovery” provides students with emerging EDD case law and its applica-tion to technology. Class participants receive practice using Merrill Lextranet, the company’s flagship review software. Students also study how to review elec-tronic documents for relevancy and privilege, and how to present electronic files at trial.

Merrill Corp. provides technology services for the legal, financial, health care, real estate and other corporate mar-kets. The University of Alabama School of Law is located in Tuscaloosa.

Merrill Corp’s subsidiary Merrill Communications was selected by Best Best & Krieger with the help of Mattern & Associates to help the firm consoli-date its outsourced work.

Mattern conducted a facilities man-agement evaluation for the firm, and prepared a Request for Proposals.

With Mattern’s help the firm reduced its outsourcing vendors from three to one, choosing Merrill Communica-tions. It provides document manage-ment, EDD, litigation support services, marketing, and printing.

Susan Plummer, the firm’s director of finance, cited Mattern’s knowledge of the legal industry as one reason for its selection to help the firm evaluate vendors.

Mattern ( www.matternassoc.com ) is based in Pennsylvania. Best Best & Krieger ( www.bbklaw.com ) is headquar-tered in California.

Baker Hostetler has chosen Recommind’s MindServer Search document man-agement software.

The firm’s 600 attorneys can now use the software across the firm’s 11 region-al offices to search for, access, and index legal documents. The platform features concept-based search technology, the company explains. The multidisciplinary firm has five practice groups, and represents 10 companies in the Fortune top 25.

Users can search information from different sources, including Microsoft Sharepoint, document management libraries, office fileshares, Exchange folders, and e-mail archives.

Azfar Shamsi, senior manager of the firm’s professional services group, says the firm’s “main goal was to eliminate the need for searching multiple reposito-ries of information separately.”

MindServer Search helps the firm save time and effort in searching for docu-ments, he says. Another factor was the program’s customizable user interface, notes Shamsi.

Baker Hostetler ( www.bakerlaw.com ) is headquartered in Ohio; Recommend ( www.recommind.com ) is based in California.

Baker Hostetler Picks MindServer

8 • LTN • February 2010 www.lawtechnologynews.com

CONNECTIONS Done Deals

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CCH & CCH ( www.cch.com ) and Navigant Consulting ( www.navigantconsulting.com ) have allied to establish the Federal Contracts Training Center .

programs, as well as a variety of individ-ual training programs that are available as online tutorials or audio links.

Continuing legal and professional education credit is available.

Illinois-based Navigant provides dispute, financial, regulatory and op-erational advisory services. New York-based CCH is part of Wolters Kluwer Law & Business.

Planet Data & Planet Data ( www.planetds.com ) and Cobra Legal Solutions ( www.cobralegalsolutions.com ), both based in New York, have announced a new partner-ship to expand both companies’ ser-vices. Planet Data’s electronic data dis-covery services are now supported by Cobra, via its secure facility in Chennai, India, where Indian and American at-torneys perform document review and litigation support.

In addition to processing and hosting information, Planet Data also provides consulting, technical support and proj-ect management for large, complex liti-gation. The company also announced the opening of a new Netherlands fa-cility to host and process electronically stored information.

Linguistic Systems & Massachusetts’ Linguistic Systems ( www.linguist.com ) has partnered with Document Technologies (w ww.dti global.com ), an onsite management and EDD services firm. Through the agree-ment, the companies jointly handle complex legal matters that involve both EDD and foreign language translations.

Linguistic Systems employs 6,000 translators, including lawyers, scien-tists, engineers, and other bilingual pro-fessionals.

Georgia’s Document Technologies offers a range of EDD services, including forensics consulting, data acquisition, processing, and hosted review services, in addition to on-site management ser-vices. It recently opened a new regional technology center in Chicago and reno-vated its New York City offices.

American LegalNet & American LegalNet ( www.american legalnet.com ), which sells “desktop to courthouse” workflow programs, has partnered with Justia ( www.justia.com ), a website that provides legal information, resources and services. Under the accord, American LegalNet’s Forms WorkFlow will appear on the Justia website.

The software includes 60,000 federal,

The FCTC offers a wide range of audio and web-based seminars and classroom instruction for business profession-als and government officials. Navigant Consulting’s government contractor

services practice is providing the facul-ty; the training materials are based on CCH’s published manuals on govern-ment contracting.

FCTC offers two master’s certificate

10 • LTN • February 2010 www.lawtechnologynews.com

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Both companies are headquartered in California.

Digital Reef & Digital Reef ( www.digitalreefinc.com ), which sells a document management and discovery program, has allied with Boston Litigation Solutions ( www.bos tonlit.com ), which offers EDD and liti-gation support services.

Under the accord, BLS now uses Digi-tal Reef technology as part of its EDD and early case assessment services, to provide filtering and analytics capabili-ties. The program reduces datasets into more manageable volumes for review.

Both companies are headquartered in Massachusetts.

DLT Solutions & DLT Solutions ( www.dlt.com ) has part-nered with Informatica ( www.infor matica.com ) to provide government agencies with the Informatica Platform.

It helps users access, discover, cleanse, integrate, and deliver data while ensur-ing the security of the information.

DLT is based in Virginia; Informatica in California.

MaxxVault &MaxxVault ( www.maxxvault.com ) and Documation ( www.mation.com ) have entered into a marketing agreement, where Documation is now the exclusive Texas distributor of MaxxVault Enter-prise. The product helps organizations manage documents, whether paper or e-files stored on a network folder. It im-proves workflow and helps companies meet compliance requirements.

Imation &Minnesota’s Imation ( www.imation.com ) has signed an agreement with MXI Security ( www.mxisecurity.com ) to develop and manufacture a line of secure data storage devices.

Under the agreement, the companies will incorporate MXI Security’s tech-nologies for user authentication, digital identity and data encryption, includ-ing its Bluefly Processor, into a line of Imation-branded storage devices.

Imation expects to launch the first of these devices — including USB flash drives and external hard disk drives — by the end of 1Q 2010, the two compa-nies note.

Notes, the companies explain. It also supports .pst file archiving, message classification, tagging and annotation, file server and SharePoint archiving, and full audit and reporting.

Laserfiche & Laserfiche ( www.laserfiche.com ) and FileTek (www.filetek.com) have teamed to create the Trusted Edge Intelligent Email Archive for Laserfiche. It helps

organizations manage e-mail while re-ducing the cost and burden of e-discov-ery and compliance, the two companies report. It integrates with Microsoft Out-look, Outlook Web Access, and Lotus

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Fios ( www.fiosinc.com ), has hired Canaan Him-melbaum as a sales man-ager. Himmelbaum sells e-discovery programs and services to law firms in New York, Washing-

ton, D.C., and Pennsylvania.Himmelbaum comes to Fios after

serving as a regional sales manager for Peak Discovery, another EDD firm.

A member of the Florida bar, he prac-ticed law for five years in both law firm and in-house counsel roles.

Himmelbaum holds both a bache-lor’s degree in criminal justice and a J.D. from the University of Florida.

Huron Consulting Group ( www.huronconsultinggroup.com ) has expand-ed its legal division by hiring a nine-person team from H4 Partners, a British legal consulting

company that serves European law firms and law departments.

Among the nine are Alan Hodgart and Julia Chain (pictured), who now serve as Huron managing directors. They will continue serving their exist-ing clients on current engagements, as well as building Huron’s U.K. and Eu-ropean presence, says the Illinois-based company.

In 2005, Chain founded The Kite Consultancy, which merged with H4 Partners in 2008. She has also worked as general counsel for T-Mobile.

Huron’s legal division provides con-sulting on cost management, discovery, and information management, and also offers its V3locity software.

Sasha Hefler has joined eTera Consulting as vice president of global strat-egy and communica-tions. In her new role, Hefler develops educa-tional programs, guides

corporate marketing efforts, and works to expand eTera’s partner and affiliate relationships.

Before joining eTera, Hefler was president of The Masters Conference. She received her bachelor’s degree from the University of Wisconsin-Madison.

ETera Consulting ( www.eteraconsult ing.com ) is based in Washington, D.C.

Andrew Malik has joined the board of directors of New York’s The Frayman Group ( www.fraymangroup.com ).

Malik is chair of in-vestment bank Needham & Co. and was a manag-ing director at Lehman Brothers. The Frayman Group offers software and services to law firms.

Pennsylvania’s Adap-tive Solutions ( www.adaptivesolutions.com ) has hired Patti O’Hara as chief information of-ficer. Her main respon-sibilities are to oversee

help desk services, research and imple-ment emerging technologies, and lead a records management program.

Prior to joining Adaptive Solutions, O’Hara was CIO with WolfBlock. She holds a bachelor’s degree in special edu-cation from Penn State University.

Virginia’s Cricket Le-gal Technologies ( www.cricketlegaltech nolo-gies.com ), which offers litigation support ser-vices and electronic data discovery software, has

hired Stephanie Haak as sales director for the company’s northeast region. Pre-viously, Haak worked in sales positions at both Guidance Software and Xerox Global Services. She has a degree from Pace University in journalism.

California’s Arecont Vision ( www.arecontvision.com ), which sells IP-based megapixel cameras, has hired two and promoted three employees.

John Steen (pictured) is aboard as the vice president of strategic ac-counts, with a focus on the Americas. He previ-ously served as national sales manager for Axis

Communications. Chris Sessa is the new director of

sales for eastern North America, with a territory that includes eastern Canada and United States, and the Caribbean. Before joining Arecont Vision, he was the U.S. sales manager for Mobotix.

Raul Calderon was promoted from vice president of strategic relations to vice president of marketing.

Becky Zhou began the company’s sales efforts in the Asia Pacific region two years ago, and is now director of sales for the region. She holds a master’s degree in engineering from the Univer-sity of Southern California.

Nathan Wheeler is now director of sales for western North America. He pre-viously served as a sales manager.

Article One Partners ( www.art icleonepart ners.com ) has named Paul DiGiammarino (pictured) as president and Ray Felts as chief operating officer.

DiGiammarino previously was the CEO of Anaqua, an intellectual property management software vendor. He holds a CPA and a dual degree in accounting and computer science from the Univer-sity of Massachusetts at Amherst.

Felts, who leads the company’s mar-

keting efforts and online community development, was formerly the vice president of business development for NineSigma, an online business network.Felts has a bachelor’s degree in electri-cal engineering from the University of Southern California and an M.B.A. from Boston College.

Oregon’s Zapproved has hired John Christiansen (pictured) as vice presi-dent of sales, and Brad Harris as director of legal products.

Christiansen pre-viously was vice president of business development for JD Supra and director of key accounts for CT Summation, the company notes.

Harris’ responsibilities include Zap-proved’s Legal Hold Pro SaaS, which helps organizations track legal-hold no-tifications and maintain compliance.

Harris previously worked for Fios.

New York-based FTI Con-sulting has promoted Seth Rierson (left) to se-nior managing director and segment leader of its technology business. He is responsible for the di-

rection and growth of FTI Technology. Rierson joined the company in 1995, and helped found the unit. He previ-ously worked at Kirkland & Ellis.

His predecessor, David Remnitz, has joined the FTI corporate team as senior managing director/corporate technol-ogy and client development.

California’s Anacomp ( www.anacomp.com ) has hired Scott Winkler to serve as general man-ager of its e-discovery and litigation support division, which includes

the company’s document review pro-gram, CaseLogistix.

Winkler previously served as senior vice president of Xiotech, and general manager at Daticon, and also worked for Gartner. Winkler has a BSEE in Com-puter Science from The George Wash-ington University.

Gregory Perleberg has joined Mans-field Tanick & Cohen as a partner in the firm’s Minneapolis office.

His practice includes IT, e-commerce, intellectual property, entertainment and media law, and corporate and business matters.

After 20 years as co-head of technology and chief knowledge officer at law firm Davis Polk & Wardwell , Michael Mills has joined New York-based consulting firm Kraft Kennedy ( www.kraftkennedy.com ).

He works with the management consulting practice, which offers law firms technology planning and advisory services.

Mills also is vice chair of Pro Bono Net , which provides tech-nology services to public interest legal organizations. (ALM president and CEO William Pollak serves on its board.)

Mills received a B.A. from Reed College, and a J.D. from the University of Chi-cago Law School. He clerked in the United States District Court in Oregon and also served as a partner at Mayer Brown , where he founded the firm’s technol-ogy committee.

At Davis Polk, he led the firm’s efforts to use technology to improve the qual-ity and efficiency of legal services. He also managed the firm’s business develop-ment, library, lawyer training, and recruitment.

Mills Joins Kraft Kennedy

12 • LTN • February 2010 www.lawtechnologynews.com

CONNECTIONS People

A_LTN_February_2010_p12_People.indd 1 1/22/10 12:16:55 PM

Learn more at www.catalystsecure.com/fasttrack

LTN0210FPads.indd 13 1/20/10 4:43:45 PM

Rosen Tech’s PolarisIllinois’ Rosen Technology Resources ( www.rosentech.net ) has introduced Polaris. It helps users identify, group, and provide a review order for near-du-plicate documents. The software uses a “similarity threshold” established by the user, that examines the content (not format) of documents to determine relevancy.

The software “fingerprints” docu-ments, compares them, and then groups them with similar documents. One is identified as the master; then remain-ing documents are prioritized as to how closely they match to the master.

Additional families are then identi-fied, helping reviewers to view similar document collections together.

BigHand 3.3BigHand 3.3 ( www.bighand.com ), which helps users dictate directly to their computer network, now converts voice to text using a speech recognition feature. Users can record via a variety of devices, including BlackBerry devices and Windows-based smartphones, and BigHand’s server sends the user a text document of the transcribed speech.

The text document can be sent di-rectly to the user, or to a secretary for proofreading and corrections.

As corrected documents are submit-ted to the server, the server upgrades the user’s speech file to improve recogni-tion of the user’s speech over time.

The software, which includes a new search engine, also helps the user attach documents and add links.

Planet Data ExegoPlanet Data has launched Exego, a web-based early case assessment program. It helps users search, filter, and cull files, reduce duplication, and report metrics early in the discovery process.

With this knowledge, companies can direct the course of data collection and identification of responsive documents, before incurring large processing fees.

Planet Data ( www.planetds.com ) is based in New York.

Viewpoint 4.5 Texas-based Lateral Data ( www.later aldata.com ) says Viewpoint 4.5 is an electronic data discovery program that helps users process, analyze, review, and produce electronically stored informa-tion. Following the Socha/Gelbmann E-Discovery Reference Model , the soft-

ware is designed to help users with EDD workflow.

It can perform complex analytics and e-mail threading, as well as visual conception analysis, and near-duplicate comparisons.

It supports hundreds of file formats, and 26 languages. Documents can be produced in native, .tiff, or other image-based formats.

IT GovernanceIT Governance ( www.itgovernanceusa.com ), which helps organizations with compliance, risk management, and data security, has released software to help meet the data security requirements of the Massachusetts Data Protection Law 201 CMR 17.00.

The 201 CMR 17.00/ISO 27001 Tool-kit includes policies, procedures, and templates, as well as guidance on the law’s requirements.

IT Governance has its U.S. operations in Pennsylvania.

iCopyrightWashington-based iCopyright ( www.icopyright.com ) has debuted a name-sake licensing and billing service for users of digital content. It provides re-prints, rights, and permissions from on-line publications, as well as a monitor-ing service to detect copyright infringe-ment, and a clipping service. Users can copy, post, and distribute articles from the service.

Administrators can track purchases, sorted by employee and by department.

Magnetic MediaTexas’ Altep ( www.altep.com ) has ex-panded its litigation support services to include Magnetic Media Discovery Technology. It reduces the need to re-store archived files before they can be accessed, by directly indexing the data on backup tapes. Only necessary files and e-mails are restored, rather than the traditional restoration of all files.

It supports common backup formats, including ArcServ, NetBackup, and BackUp Exec. The software uses multi-ple search methods, including Boolean, phrase, fuzzy, and proximity searching.

The software supports many tape for-mats, including DLT, LTO, and AIT and most legacy tape formats.

SimpleCertifiedMailNorth Carolina’s Accountable Docu-ment Solutions ( www.accountabledocs.com ) says SimpleCertifiedMail.com manages the process of sending, track-ing, and keeping records of certified mail. The software is an upgrade of the company’s previous offering, Docutrail.

The software generates a certified mail label that includes postage.

Rocket MatterRocket Matter ( www.rocketmatter.com ) reports that it has upgraded its name-sake web-based practice management service. Offered as a Saas (software-as-a-service), Rocket Matter has improved its calendar options, adding the ability to schedule events to repeat at regular in-tervals. Users can also assign tags or key-

words for easy searching. The company has also launched a self-service account setup process.

Brava Flash ViewerArizona’s Informative Graphics Corp. ( www.infograph.com) has introduced Brava Flash Viewer software for inter-active document viewing. It is compat-ible with Microsoft Windows, Apple Macintosh, and mobile device operating systems, as well as most web browsers. A simple, secure interface helps users skim large documents quickly.

The viewer is included with the Bra-va Enterprise 6.2 ActiveX package, the latest version of its website collaboration tool for the Open Text Content Server. The package helps users view, annotate, redact, and publish documents and im-ages without changing original files.

Adeptol ViewerUtah-based NetDocuments ( www.net documents.com ) now offers univer-sal document viewing capability with Adeptol Viewer ( www.adeptol.com ).

Users of NetDocuments’ cloud com-puting service can preview content, upload documents, and share files with others, without installing additional software. It supports more than 200 document types.

NetDocuments helps organizations use, store, and manage their documents online. California-based Adeptol offers document viewing technology for any webpage or application.

(See page 10 for more Partnerships & Alliances.)

AddressRightNowConnecticut-based Pitney Bowes ( www.pb.com ) has introduced AddressRight-Now, an online service for organiza-tions with small-volume or infrequent mailings. It helps users delete inaccurate addresses and updates mailing lists us-ing the U.S. Postal Service’s latest change of address information.

The software also helps users comply with USPS regulations for discount post-age rates. Users can securely store their mailing lists on Pitney Bowes’ website for anytime access.

Mail Manager 5 The latest e-mail management tool from England’s Oasys Limited ( www.oasys- software.com ), Mail Manager 5, can be used on handheld devices, including

AlphaLit ( www.alphalit.com ) has announced that its product line now sup-ports multi-lingual discovery. AlphaLit’s offerings help legal professionals pro-cess electronically stored information related to international deals and dis-putes, the company reports.

AlphaLit’s processing systems are configured to work with all Unicode-supported character sets, the company explains.

The system can provide a full statistical analysis of a multi-language set of documents. It also can sort documents based on language.

Documents that contain more than one language — such as conversational e-mail threads, can be identified by their majority language or by all of the lan-guages present in the document.

Once processed, AlphaLit’s E-Direct review platform helps legal teams view the documents. The review form can be created in any language, aiding trans-lators and other language specialists.

AlphaLit also offers both machine and certified human translation with links to the original non-English document.

AlphaLit, which is a division of Alpha Systems, is based in Pennsylvania.

AlphaLit Multi-Lingual Discovery

RESOURCES

14 • LTN • February 2010 www.lawtechnologynews.com

Practice Tools

A_LTN_February_2010_p14__15_Practice_Tools.indd 1 1/26/10 10:34:39 AM

Research in Motion ’s BlackBerry. Users can organize and file e-mail,

and search when offline. Mail Manager automatically updates the changes on computers. Mail Manager integrates with Microsoft Outlook to help users or-ganize and share e-mails.

Dalim DialogueIowa’s MetaCommunications ( www.meta-comm.com ) has launched Dalim Dia-logue for high-end proofing and review. Users can view color-accurate print-ready proofs, steam data, and zoom. Dialogue is a component of Approval Manager 2010, which helps users manage a proj-ect’s workflow.

Multiple people can collaborate using the software’s scheduling, review, and organizing tools.

MicrosystemsIllinois-based Microsystems ( www.microsystems.com ) reports that its software tools for law firms are now compatible with Microsoft’s Windows 7 operat-ing systems, including Legal Tem-platesPlus, DocXtools, and D3 (Dy-namic Document Drafting).

Legal TemplatesPlus helps users man-age correspondence and pleadings. DocXtools helps firms analyze, format, and troubleshoot documents. With D3 multiple users can work together to cre-ate and manage documents.

IconLover 5.10Canada’s Aha-Soft ( www.aha-soft.com ) says its IconLover 5.10 , which helps us-ers design icons, now is compatible with Apple’s Macintosh operating system. The upgrade helps users create and man-age icons and cursors in a variety of for-mats, including Windows and Linux.

The new version, which also supports Windows Vista, offers additional de-sign tools. Users can draw smooth lines and shapes, print icons, and add special effects

Perfect DocuReader 6Germany’s soft Xpansion ( www.soft-xpansion.com ) has released Perfect DocuReader 6, which users open to in-teract with Adobe PDF documents.

It is geared toward helping users read manuals, help files, and software docu-mentation in PDF format.

It offers context-specific help, zoom, search, and print functions. Users can move easily through the document us-ing bookmarks, links, and buttons.

Outlook Recovery Washington’s data recovery company SoftAmbulance ( www.softambulance.com ) says Outlook Recovery repairs damaged Outlook data.

ReaJPEG 4Seattle-based ReaSoft Development ( www.reasoft.com ) has debuted ReaJPEG 4, which helps users edit and convert images in batches, instead of

one by one. Users can apply watermarks, remove red-eye effects, and crop images, as well as adjust color, brightness, and contrast, to any number of images at the same time.

lawtech@alm.com February 2010 • LTN • 15

A_LTN_February_2010_p14__15_Practice_Tools.indd 2 1/22/10 2:13:45 PM

Sony Reader Daily EditionJapan’s Sony ( www.sony.com ) has debuted the Reader Daily Edition, a digital e-reader that offers 3G connectivity. It includes wireless access to Sony’s e-Book-store, where users can browse, purchase, and download books, magazines, and newspapers. Users can also upload personal documents or content from compatible sites via USB. The device has a 7” touchscreen panel that helps users navigate, turn pages, and take handwritten notes. Additionally, notes can be drafted with a stylus pen or through the use of a virtual keyboard. All notes can be exported and printed. The Ready Daily Edition has an aluminum body with a protective cover.

It can hold more than one thousand standard eBooks, and has expansion slots for memory.

Redfly CompanionUtah’s Celio (www.celiocorp.com) has announced that its Redfly Mobile Companion is now compatible with Research in Motion’s BlackBerry smart-phones. It consists of a large screen and full keyboard, which makes it easier for smartphone users to type long mes-sages, edit documents, and browse the web.

It features a touchpad and a battery that lasts up to eight hours.

The system includes USB, VGA, and media ports. It is compatible with a va-riety of Windows Mobile devices, and is currently available for the BlackBerry Bold 9000, BlackBerry Curve 8900, and BlackBerry Tour 9630 devices.

Skooba BagNew York-based Skooba Design ( www.skoobadesign.com ) has introduced its new Netbook Messenger Bag. The courier-style bag is designed to hold any current netbook with up to a 10” screen size, along with other portable devices and accessories.

It has 20 pockets and organizing compartments, and weighs 24 ounces. While the bag features a courier-style flap, a zip-open top slot also provides ac-cess to the main compartment without

having to open the main flap. The main compartment has a pad-

ded sleeve and retention strap for the netbook, a mesh pouch for the power adapter, and open space for books and papers. The bag also has a stowaway wa-ter bottle holder, and exterior side pock-ets for phone and audio devices.

It measures 14” x 12” x 3”, and is made of weather-repellent nylon twill. The bag is a dark charcoal color and comes with a choice of four accent colors.

Be.ez LA gardeBe.ez has introduced a series of laptop carrying cases. The LA garde robe bag fits Apple Inc.’s 13” MacBook Pro. Made of nylon, it features several interior and exterior pockets for documents, wallets or passports. It also offers an easy-access back pocket with rain cover for A4-sized documents.

The bag comes in four color combina-tions. A protective LA robe sleeve (sold separately) is custom-fit to be slipped in-side the LA garde robe bag.

Be.ez also introduced its LE rush note-book bag collection, for MacBook Pro 13.3” and 15.4” models. Each nylon bag has high-density padding, an optional shoulder strap, and several pockets.

The LA robe Netbook 11.6” fits Asus’ EeePC 1101 HA and Acer’s 751H netbooks. The protective case features memory foam and a reinforced inner lip.

Be.ez ( www.be-ez.com ) is headquar-tered in France.

JVC XS-SR3The JVC XS-SR3 iPod Speaker Sys-tem features a wraparound design and Dolby Virtual Surround. Its dock can hold an Apple iPod either vertically or horizontally, for widescreen video view-ing. It rotates for viewing video in wide-screen mode, and comes with four clips to hold different iPod models.

Dolby Virtual Surround creates the il-lusion of a wider sound field when view-ing video content. Its power output is five watts, and the system features two audio inputs, one analog and one digital

optical. The XS-SR3 can also be used as a computer speaker system. It includes a remote control.

JVC U.S.A. is headquartered in Wayne, N.J. ( www.jvc.com ).

NewerTech MountThe NewerTech Window Mount for iPhone 3G and 3GS lets drivers mount the phone to a car window or wind-shield, keeping it off the dashboard.

It features a cradle and flexible neck, and attaches to a glass surface with vac-uum adhesion. The window mount also can be used on desktops, airplane tray tables, and other flat surfaces. It reduces performance problems from vehicle vi-bration or movement.

The company also announced new NuPower High Capacity Replacement Batteries for the MacBook 13.3”, Mac-Book Pro 15”, and MacBook Pro 17”.

Newer Technology Inc. ( www.new ertech.com ) develops Macintosh, PC, iPod, and iPhone upgrades and accesso-ries. The company is based in Illinois.

ColcaSac SleevesColcaSac has launched a new series of protective sleeves for the Amazon Kin-dle, and Apple’s iPhone, iPod Touch, and iPod Classic. The padded sleeves are lined with fleece and offer scratch and drop protection.

The Kindle case comes in styles made of hemp, burlap, or cotton canvas.

The case closure is made of Velcro, and the cases feature a power adapter pocket. The iPhone, iPod Touch and iPod Classic sleeves come in a variety of colors.

The company also sells protective sleeves for MacBook computers.

ColcaSac’s sleeves are handmade in Utah, where the company ( www.colcasac.com ) is headquartered.

The Nokia E72 smartphone device supports both business and personal messaging. Nokia says that research has found that 42% of people prefer e-mail over voice or text when receiv-ing important information, so it designed the phone to offer many choices. Users can set up multiple work and personal e-mails accounts, as well as set different profiles for work and per-sonal use. The phone can be set up for instant messaging directly from the homescreen.

Compatible communities include Windows Live Messenger, Yahoo! Messenger, and Google Talk. Users can participate in multiple instant messaging platforms simultaneously.

The device features a full qwerty keyboard, as well as Ovi Maps, GPS navigation and a com-pass. It also includes a 5-megapixel camera.

Nokia (www.nokia.com) is based in Finland.

Nokia E72

RESOURCES

www.lawtechnologynews.com

The Mobile Lawyer

16 • LTN • February 2010

A_LTN_February_2010_p16_Mobile_Lawyer.indd 1 1/22/10 4:59:41 PM

LEGAL RESEARCH

THAT THINKS

THE WAY LEGAL

PROFESSIONALS DO.For legal professionals, doing research

often means navigating through mountains

of information in order to identify the right

cases, statutes, and other relevant authority

for their client’s issue. It’s both complex

and time consuming. Beyond that, there’s

always a concern that something important

may have been overlooked. Westlaw is

reimagining search capabilities to think

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Westlaw® Legal Technology Perspectives: The Customer’s Voice Advertorial

©2010 Thomson Reuters. Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.

LTN0210FPads.indd 17 1/20/10 4:44:19 PM

Fujitsu ServersCalifornia’s Fujitsu ( http://solutions.us.fujitsu.com ) has introduced a new line of mono-socket Primergy rack and tower servers. The Primergy TX150 S7 Tower Server, and Primergy RX 100 S6 Rack Server feature upgraded architec-ture based on the latest Intel processors, says Fujitsu, and complement Fujitsu’s dual-socket serviers.

The devices take advantage of the In-tel Xeon processor 3400 series, as well as dual-code 32nm processors (including the Intel Pentium G6950 and Intel Core i3-530 and 540 models.)

Both units are easily expanded, and help optimize energy consumption with efficient power supplies, says the company.

Sharp Laser PrintersNew Jersey’s Sharp ( www.sharpusa.com ) has debuted new laser printers. the MX-C400P color, and MX-B400P mono-chrome both target mid-volume busi-ness workgroups, and integrate network-ing features that increase versatility.

Targeted at users who need to print up to 8,000 pages per month, they include the Sharp Security Suite — which can be enhanced with data security kits to protect data with AES encryption. It also includes Secure Data Erase, which over-writes the hard drive up to seven times.

A direct print function helps users access and print documents on a server from the printer. Users can access docu-ments online, stored on FTP servers, USB drive, or on the printer’s hard drive.

USB Video DisplayIllinois’ Newer Technology ( www.new ertechnology.com ) has released the NewerTech USB Video Display Adapt-er, which can add an additional HDMI, DVI, or VGA screen to a computer via a USB port. The adapter can support screens with a resolution of up to 2048 x 1152, and is compatible with both PC and Mac systems. It does not require an AC adapter, and can work as a substitute for a video card within the computer.

The installation process is designed to be simple, with “Plug and Play” abil-ity. Up to six adapters and screens can be attached to a single computer.

imageClass MFDsCanon ( www.canonusa.com ) has add-ed two more multifunction devices to its imageClass line: the imageClass MF5850dn and MRF5880dn black-and-white laser multifunction printers.

Designed for small offices or work-groups, the units offer advance levels of device management, says the New York-based company.

An embedded web server helps ad-ministrators remotely manage the device through a standard web browser, where they can view and modify settings, such as address books, device activity logs, and network information.

Both models support USB 2, and 10/100 Base T Ethernet as standard in-terfaces, so the units can be used by one person or shared by many.

The units come bundled with an as-sortment of document management tools to enhance productivity. A fax for-warding mode helps users forward in-coming fax and internet fax documents to an e-mail address, says Canon.

Documents can be scanned directly to a USB flash drive in Canon’s Hi-Com-pression PDF mode, to reduced file size.

Canon Vixia SeriesCanon also introduced a new line of

nine Vixia high definition flash mem-ory camcorders. They include Canon’s flagship Vixia HF S-series, the compact Vixia HF M-series and a new “entry-level” Vixia HR R-series.

Features include Smart Auto mode, which uses Canon’s Digic DV III Image Processor to detect and analyze bright-

ness, color, distance, and movement.Touch & Track helps users select a

subject on the touch panel that the cam-corder will recognize and track.

Rely Recorder captures uninterrupted video when the primary recording me-dia is full.

HD-to-SD “downconversion” lets users convert recorded high definition video to standard definition files, while preserving the original HD file.

Pro Blu-ray DriveOther World Computing ( www.macsales.com ) has introduced the Pro Blu-ray External Drive, a Blu-ray disc burn-er. It is compatible with both Microsoft Windows and Apple Mac operating sys-tems, as well as FireWire 400/800, USB 2.0, and eSATA interfaces.

The drive comes in 8X Blu-ray or 12X Blu-ray models. It can also burn DVDs, DVD-DLs, and CDs. Blu-ray discs can contain up to 50 GB of data each.

Disk Station DS110jSynology has launched the Disk Sta-tion DS110j, a network attached server intended for home and small office us-ers. It includes Synology’s DSM 2.2 firm-ware, and is designed for file sharing or streaming content on Windows, Mac, or Linux.

The server includes Photo Station 3 and the PHP+MySQL built-in Web Sta-

tion, which allows the hosting of up to 30 websites.

The server has a 800 MHz CPU and 128 MB of memory, and is compatible with either a 2.5” or a 3.5” hard drive. It features a 1 GB LAN port and 3 USB ports. Apple iPhone and Time Machine can be set to automatically back up and access content through the server, through the use of a downloadable ap-plication at the Apple App Store.

Synology Inc. ( www.synology.com ) is based in Taiwan.

Canon U.S.A. ( www.canonusa.com ) has debuted the latest additions to its Pixma Wireless Office All-in-One series of multifunction devices. Three new units, the Canon PIXMA MX870, MX350 (pictured), and MX340 devices print images and documents from almost anywhere. Features include an improved operation panel that helps users perform asic functions by simply pressing the Mode key; and an Auto Document Fix feature that sharpens document text to increase readability. The Auto Photo Fix II feature helps users correct common photo errors, such as underexposed images. Users can correct brightness and saturation problems. It prints four separate documents on a single side of paper.

The Canon Easy-Photo-Print EX for iPhone app is available.

Canon Pixma Wireless MFDs

Sharp Aquos LCD TVSharp Electronics ( www.sharpusa.com ) has introduced its latest Aquos 60” LCD TV, with a high performance of 240 Hz and Sharp’s X-Gen LCD panel. Compliant with Energy Star 4.0, the LC-60E88UN has four HDMI inputs with Instaport quick

switching, reports the company, which has U.S. offices in New Jersey. The full HD 1090p model features a piano-black

design, and 10-bit processing for a bright, clear picture.

The panel is designed with advanced pixel control to minimize light leakage, and to produce deep black levels. A wider aperture allows more light to pass through the pan-el, which also improves peak brightness, says Sharp.

A “dejugger” smooths film content. It includes a 1080p component video input, S-video input, RS-232C input for custom installations, and a PC

input that lets the TV can also serve as a PC monitor.

RESOURCES

www.lawtechnologynews.com

Office Gear

18 • LTN • February 2010

A_LTN_February_2010_p18_Office_Gear.indd 1 1/22/10 6:04:32 PM

LTN0210FPads.indd 19 1/20/10 4:46:02 PM

MCCA 9th Annual CLE ExpoMarch 18-19, 2010

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Michele Coleman MayesSenior Vice President,

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George W. MadisonGeneral Counsel

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Thomas L. SagerSenior Vice President

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and former Senior Vice President, Chief Administrative Officer &

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LTN0210FPads.indd 20 1/20/10 4:46:20 PM

DataCore SoftwareFlorida’s DataCore Software (www.datacore.com) has introduce d the Virtual SAN Appliance, downloadable soft-ware that emulates an external storage area network with shared storage.

It comes in a standard format for Mi-crosoft Windows Server 2008 Hyper-V and Microsoft Hyper-V. The system al-lows two physical servers to share disks, a requirement of Microsoft Hyper-V. It uses existing server disks and local area network, so users do not have to pur-chase any new hardware.

Users also pool up to 1 TB of disk space, and move storage to the virtual machines, saving capacity.

DataCore also added an Advanced Site Recovery feature to its SANmelody storage software. The program is in-tended for virtualization customers, as a stand-in for a dedicated disaster recov-ery site. It works in both physical and virtual infrastructures, and is intended for small businesses and remote site de-ployments.

The company also announced the ex-

pansion of the size of its virtual disks to 1 Petabyte each. The disks have 1 TB per node, so that speed is not compromised, and they can handle large data sets.

ImationImation has debuted its M-Class Solid State Drive Upgrade Kit, which eases the transition from a hard disk drive to SSD. The kit is intended for laptop us-

ers who would prefer having an SSD in their laptop. It helps users copy existing files from their HHD to a new SSD, then install the new SSD into a laptop. It also includes a case for the old HHD, so that it can be used as portable USB storage.

The SSD features error detection and correction to insure data reliability, and has improved sequential read and write performance, helping its speed.

It also uses recent advances in Global

Wear Leveling, which distributes Pro-gram/Erase cycles across all cells in the drive, improving its overall endurance. The M-Class SSD Upgrade kit is available in 64 and 128 GB capacities.

Imation ( www.imation.com ) is based in Minnesota.

Folder Lock 6.3.2 NewSoftwares.net has released Folder Lock 6.3.2, security software for Win-dows. Protecting files and folders on PCs, USB Flash drives, and other remov-able media, it keeps information on PCs and laptops safe and secure.

Users can lock, hide, and encrypt files with its 256-bit Blowfish Encryption. The software can shred sensitive files so that they are unrecoverable.

The software also features stealth mode, auto protect, and lock PC features. The upgrade also cleans up the user in-terface to make it more user-friendly, and users can also choose a default location for locked files. It can run on Windows 2000 amd XP.

California’s Western Digital (www.wdc.com) says its new My Book 3 desktop external hard drive offers the SuperSpeed USB 3 interface, which significantly reduc-es the time to open and save large files as compared to USB 2. The 1 TB device is offered standalone, or in a kit that includes a USB 3.0 PCIe (gen2) adapter card. The device is also available in a 2 TB model.

The drives can transfer at rates of up to 5 gigabits-per-second.

My Book 3

RESOURCES

February 2010 • LTN • 21

Infrastructure

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A_LTN_February_2010_p21_Infrastructure.indd 1 1/22/10 3:04:20 PM

COMPLIANCE SHOWCASE

By Thomas Shaw

As information-related statutes, such as those for data privacy, information security and finan-

cial statement reporting, are enacted throughout the world, corporations must respond with appropriate compliance programs for each country in which they do business.

To meet these obligations, global businesses must implement data policies and controls. Simultaneously, the need to reduce costs and focus on core competen-cies has led to increased outsourcing of corporate data and processing.

Because companies retain legal responsibility for these outsourced “internal” controls, they must gain an appropriate level of assurance about the controls

used by outsourcing vendors. This is even more so in the emerging cloud computing model, where data may be stored online by multiple hosting providers.

So how do corporations who outsource gain assur-ance about these externalized controls?

Two primary approaches can be used. The first is through a certification program, where the outsourc-ing vendor complies with a pre-described set of con-trols. A second is for the outsourcing vendor to be audited, based not on a predetermined set of controls but on the judgment of an independent third-party auditor.

The International Standards Organization’s 27001 information security standard illustrates the first type of assurance mechanism. The American Institute of

Certified Public Accountants’ Statement of Auditing Standards 70 is an example of the second option. Ven-dors may use one, both, or neither of these standards.

ISO 27001The ISO 27001 information security standard de-scribes the components of an adequate information security management system. The specific controls for the information security management program are contained in a related standard, ISO 27002. Metrics for the information management security system and controls are covered in the newly-released ISO 27004. The risk management and assessment process to iden-tify controls for external or internal threats and inter-nal vulnerabilities is under ISO 27005.

Outsourcing vendors can choose to seek certifica-tion under ISO 27001, which may involve these other ISO standards.

There are three significant parts of an information security program:

1. Information security policy, whereby a corporation’s executives document their support of and participa-tion in the protection of corporate and client data. The high-level security direction is laid out here, as well as the standards for acceptable usage of corporate assets, physical as well as information. The written information security policy is then disseminated to all employees.

2. Risk management program: This documents the information assets a corporation has, and assesses the threats to those assets from either external (e.g., viruses) or internal (e.g., employee theft) sources; the vulnerabilities in practices and systems; and the pos-sibility for the interaction of the threats and vulner-abilities. Decisions are then made on how to respond to each risk, including creating controls, outsourcing the risk, or accepting the risk.

3. Controls: The appropriate controls must be de-signed, tested, and implemented — and then moni-tored, measured, and revised when necessary. The ISO 27002 controls are grouped into technical, admin-istrative and physical categories, providing security through the separation of duties, periodic reviews by management and auditors, physical access limits to facilities, virus software, access controls on applica-tions and file systems, change management processes, backups, limits on wireless and mobile device usage, encryption, training, monitoring, incident manage-ment and operational tasks.

To achieve certification, the vendor is visited by a certifier who examines the design of the controls and interviews the vendor’s management and employees to determine the company’s commitment to informa-tion security in their normal mode of operating.

After leaving behind suggested remediations, the certifier will later return to review those fixes and fur-ther determine that the controls are actually imple-mented and working as designed.

If the policies, procedures and controls described in the standard are appropriately implemented, main-tained, monitored, reviewed and revised, ISO certifi-cation follows.

22 • LTN • February 2010 www.lawtechnologynews.com

Two ChoicesCertification or evaluation can help you vet vendors.

A_LTN_February_2010_p22_23_Shaw_Cunningham_compliance.indd 1 1/22/10 2:15:46 PM

SAS 70The SAS 70 auditing standard (or local equivalents, such as the Japan Institute of CPA’s ASC Report No. 18) is a methodology for auditing the internal controls of a third party outsourcing vendor. It also is commonly used in audits under the Sarbanes Oxley Act of 2002.

Unlike an ISO 27001 certification, there is no pre-described set of policies, procedures, and controls to check against. The result of the audit is based on the judgment of the auditor on the design and effective-ness of the controls in scope (management determines which controls or organizational groups are in scope).

Audits can be either a Type I audit that examines only the design of the controls, or a Type II audit that

examines both control design and its effectiveness over a period of time (at least six months).

The auditor comes on site to examine the control objectives and control design, interview the control users and management, review applicable documentation and perform appropriate control testing (if a Type II audit).

The resulting Service Auditor’s Report contains the auditor’s conclusion as to the adequacy of controls and lists the control objectives, the controls tested and the results of testing. The reports are used by companies that outsource and by the companies’ auditors when preparing financial statement audits. Strictly speak-ing, these reports are not intended for use by potential outsourcing clients.

WHICH STANDARD?Given that there are at least two approaches and not all vendors have undertaken both certification and

independent audits of their internal controls, corpora-tions that plan to outsource data management need to know what to look for — and if possible, require. The obvious preference is for vendors that have ac-quired both certification and clean independent audit reports, especially if the scope of the audit is more ex-tensive than the ISO 27001 standard.

But when forced to choose between vendors that may only have undertaken either certification or the independent controls audit, the preference should be for those vendors that have obtained and maintained ISO 27001 information security certification.

The principal reason is that the certification re-quires a prescribed set of policies, procedures and con-trols. The management commitment and procedural analysis that goes into and comes out of the certifica-tion process are likely to ensure a rigorous information security program.

An internal control audit provides a level of assur-ance of the vendors’ information security programs and other controls, but that level may be lower than that provided by certification.

This is not to say that the same result cannot be achieved through a similar process implementing sim-ilar controls, but that stops short of certification, and provides assurance through an independent audit re-port. There is much to be said for having the judgment of an experienced auditor — versus a one-size-fits-all standard — who can deal with changes in technology and business much more flexibly and timely than can a standard.

But when a vendor has implemented all the policies and procedures needed for an adequate information security program, it follows that they should take the last step and achieve certification.

Also, proper use of the audit report requires more in-depth review time and expertise to determine if it provides the same level of assurance as an ISO certifi-cation and gaining knowledge about the independent audit firm and its experience and expertise.

A final consideration is that only the ISO standard requires a continuous process of improvement, where-as SAS 70 assesses the current state of the controls.

Therefore, a vendor with only an independent auditor’s report on internal controls without an ISO 27001 certification should be viewed as a secondary preference, while a vendor that has not achieved such security certification and has not undergone a SAS 70-type audit should not be seriously considered for the outsourcing of important corporate data.

To gain additional assurance beyond the security certifications and independent audit reports, corpora-tions should have their outsourcing vendors imple-ment certain confidentiality controls. These include physical and logical segregation of the client compa-ny’s data, encryption of all data transmission and stor-age, and standards-based data destruction upon con-tract termination or information lifecycle expiration.

Finally, vendors must, when responding to valid e-discovery requests for their client’s data, commit to complying with all data privacy and data protection statutes in each applicable jurisdiction. LTN

Thomas Shaw leads Thomas J. Shaw, Esq. Legal Consulting, based in Tokyo. E-mail: thomas@tshawlaw.com. Website: www.tshawlaw.com.

lawtech@alm.com February 2010 • LTN • 23

By David Cunningham

Given law firm dependence on IT, it’s not surprising that IT’s role in risk management

is becoming more important. IT risks include sys-tems (continuity, recovery, access management), data (confidentiality, retention, transfers), third-party suppliers (contracts, service management), and project management (budget, timeline, results). IT also supports business processes that relate to other areas of risk.

To help IT leaders actively participate in the firm’s management of these risks, here is a glossary of terms, standards, and issues:

American Bar Association Ethics 20/20 Commis-sion: Its charter is to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” www.abanet.org/ethics2020 .

ABA Formal Opinion 08-451, Lawyer’s Obligations When Outsourcing Legal and Nonlegal Support Ser-vices: Clarifies that when outsourcing legal work, law firms retain responsibility for the competence and supervision of the work, and for understand-ing the security and confidentiality measures in place by the third party. www.abanet.org .

ABA Model Rules of Professional Conduct: Of special note:

• Bad clients: Changes to Rules 1.6 and 1.13 focus on lawyers’ obligations to prevent or inform on client wrongdoing, even if it means breaching client confidentiality. These put additional pres-sure on risk processes and technology for matter intake, conflict analysis, and relationship/matter oversight.

• Lateral hires: Rule 1.10 addresses conflicts ofinterest. In 2009 it was modified to ease the stan-dard on imputed knowledge from lateral trans-fers by allowing “ethical screens” for lateral law-yers with client conflicts in concert with increased levels of client notification and compliance ac-knowledgement. ( www.abanet.org/cpr/mrpc/mrpc_toc.html ).

Alternative fee arrangements: These include bill-ing arrangements other than billing by the hour — most often fixed fee situations. They compel firms to improve the risk and control processes around pricing, staffing, and managing matters.

Automated classification: The integrity of records management has been weakened by the growth of unmanaged e-mail. Advanced search engines may now bring records management back into compliance through almost fully automatic filing and tagging.

Data confidentiality: The principle is to ensure information is accessed only by authorized parties. For law firms, it includes complying with guidance

Glossary

To gain additional assurance beyond thesecurity certifications

and independent audit reports, corporations

should have outsourcingvendors implement

confidentiality controls.

See Cunningham Page 24

A_LTN_February_2010_p22_23_Shaw_Cunningham_compliance.indd 2 1/22/10 2:16:12 PM

COMPLIANCE SHOWCASE

24 • LTN • February 2010 www.lawtechnologynews.com

from state and national bars, following preservation orders, meeting client expectations (and optionally, compliance with clients’ information regulations), and ensuring proper access to the firm’s operational and corporate records.

It is one leg of a data security triad: data confidenti-ality, integrity, and availability.

Data loss prevention addresses data confidentiality across three spectrums: data in motion (data sent or received via external sources), data at rest (data that re-sides in files systems, databases, etc.), and data at the network endpoints (such as USB devices).

The Federal Rules of Civil Procedure govern the con-duct of civil actions brought in federal district courts. Rule 26 addresses duties for the preservation and pro-duction of electronically stored information ( www.law.cornell.edu/rules/frcp ).

Governance, risk and compliance: A new manage-ment construct, this acknowledges that enterprise risk management can only be effective when com-plemented with a sustainable compliance program and an effective framework of management roles and guidance (governance).

The Health Information Portability and Accountability Act of 1996 established guidelines to ensure the secu-rity, privacy, and transferability of individually identifi-able protected health information for covered entities (health care plans, providers, and clearinghouses).

In 2009, the Health Information Technology for Economic and Clinical Health Act of the American Recovery and Reinvestment Act broadened the roles subject to HIPAA, and paired compliance with greatly stiffened fines and obligatory media notification for breaches of a certain magnitude.

Firms that are “business associates” of covered en-tities must meet compliance requirements ( www.hhs.gov/ocr/privacy ).

ISO/IEC 27001: This international standard provides a common language for the security of information. It creates requirements for establishing, implement-ing, deploying, monitoring, reviewing, maintaining, updating and improving a documented information security management system.

Compliance can be mandatory for certain types of law firm clients (notably government entities), conse-quently firms are being questioned about their com-pliance in requests for proposals. At this early stage, only a very small number of firms have achieved certi-fication ( www.iso.org ).

ISO 31000: This recently-created international stan-dard provides guidelines for risk management, while ISO Guide 73 provides a common risk management vocabulary. These standards provide only guidance; there is no certification process ( www.iso.org ).

IT Information Library: ITIL provides guidance for the quality, continuous improvement, and business alignment of IT processes. It addresses a wide variety of risk mitigation practices, including management of user demand, security, and system changes.

Preservation order: Law firms may need to preserve data in excess of its official retention period due to a lawsuit against the firm, a lawsuit against a client of the firm, a direct subpoena (these three are “litiga-

tion holds”), the anticipation of a lawsuit, a subpoena served to a client, or at the request of a client for any reason. In these situations, a firm must not only hold relevant data but also manage when and how it stops holding the data.

Professional liability insurance: Firms carry insurance policies to mitigate costs that arise from malpractice claims. Firms choose polices from insurance compa-nies that offer individually-priced policies through un-derwriters or pooled member associations. Reducing a firm’s risk of claims can lessen the firm’s payments from its deductible and reduce premiums for indi-vidually priced firms. Pooled member firms cannot reduce their own premiums but can ensure they stay within the pool.

Recovery point objective: measures the window of data agreed to be an acceptable loss, such as the last 10 minutes of documents saved before a failure.

Recovery time objective: The time allotted to restore a business process after a failure or disaster; it is often associated with essential IT systems such as document management, e-mail, and telephone systems.

Red flags rule: The Identity Theft Red Flags Rule (found in section 114 of the Fair and Accurate Credit Transactions Act of 2003) specifies that companies must develop and implement a four-pronged identity theft prevention program for its clients. Each compa-ny must develop policies and procedures to identify relevant patterns, practices, and activities that are red flags of possible identity theft.

The ABA is resisting the Federal Trade Commis-sion’s claims that law firms are subject to the Red Flags Rule; the November 1, 2009 deadline has been sus-pended as talks continue.

Risk register: A risk register is a compilation of known risks along with corresponding risk analysis and treat-ment information. It provides risk leaders with a port-folio view of risk issues and therefore supports deci-sions and the triage of resources.

Safe harbor: The European Commission’s 95/46/EC Data Protection Directive created the first obligatory European Union standard for the confidentiality, pro-cessing, and transfer of “any information relating to an identified or identifiable natural person.”

Such information cannot be transferred outside the E.U. unless the receiving country meets adequate data protection standards.

The E.U. and United States have agreed to a stream-lined process for U.S companies to comply with the directive called the U.S. E.U. Safe Harbor. Companies can opt into the Safe Harbor by adhering to its prin-ciples and paying fees annually ( www.export.gov/safeharbor/index.asp ).

Understanding these terms, standards, and the underlying issues helps management — especially IT management — assess the current risk state of the law firm and make decisions on risk treatment options. LTN

Houston-based David Cunningham is a managing director of Hildebrandt Baker Robbins, and co-leads its risk practice. E-mail: dcunningham@hbrconsulting.com.

opposition among these autonomous units. 3. Silence isn’t necessarily golden: Don’t assume

silence means agreement. Busy with their jobs, many people won’t devote effort to understanding the pro-gram until they see the imminent impact. Although it is easier to accept silence or brief comments (“that thing you sent looks O.K.”) as an indication of sup-port, you risk resistance flaring at implementation.

4. Know history: Understand the unit’s history with records management programs. For some, this may be their first serious exposure to records management. They may drag their feet, or push back at the very notion of a centralized program, perceiving a loss of control and imposition of additional costs and work.

Other units may have invested significant efforts to create procedures and schedules. They may be pleased that the company is taking the issue seriously, but fear centralized mandates that don’t meet their needs.

If the business unit has developed a records man-agement program, this is a valuable resource. But don’t assume that it is up-to-date, complied with, or that employees are aware of it. It may be a relic of a long-abandoned project drafted without sufficient research and shelved without implementation.

Is the unit in compliance with an existing program? What likes and dislikes about that program can be ad-dressed during training?

5. Jumping on the train: Training is an opportunity to demonstrate the program’s relevance to the au-tonomous business units, and to earn “buy-in.” While training should provide consistent instruction to all employees, it doesn’t need to (and shouldn’t) be the same canned presentation across the company.

Customize your approach. If you expect pushback from certain business units, don’t miss this opportu-nity to directly address these concerns.

Use records categories and situations that apply to the business unit. If the program is replacing a pre-ex-isting record management program, explain the dif-ferences and show how the new program adopts and improves on the prior program.

If the program is replacing an informal approach, spend more time on the basics, including the impor-tance of managing information and the risk and costs of noncompliance.

Consider separate training for management to un-derline the commitment to the records management program and to help drive compliance.

It is no easy task to introduce a centralized records management system, but the potential rewards will benefit the entire operation. Communicating with key business unit personnel and keeping them in-volved throughout development and implementation requires a careful balance between “involving” and “pestering.”

Customizing the installation to the autonomous units multiplies the preparation work needed before the program can be rolled-out. But this extra effort will help ensure that your centralized records manage-ment program is relevant to (and accepted by) all busi-ness units. LTN

Christian Rummelhoff, based in Minneapolis, is a litigation technology specialist with Nixon Peabody . E-mail: crummelhoff@nixonpeabody.com.

Cunningham from Page 23Rummelhoff from Page 1

A_LTN_February_2010_p24_25_Banks_Cover_CunninghamJump_compliance.indd 1 1/22/10 2:23:36 PM

lawtech@alm.com February 2010 • LTN • 25

By Theodore Banks

Many vendors sell “compliance” soft-ware. But when you ask, “Compliance

with what?” you get a variety of answers (assuming you get any answer at all).

Spreadsheet programs, document man-agement/assembly systems, databases, and workflow software are among the many compliance tools on the market. You could probably market Grand Theft Auto as a compliance training program.

Why this inconsistency? For starters, there is no consistently-accepted defini-tion of compliance. Does it mean technical compliance with a statute or regulation? Does it include instilling a commitment to behave with integrity? Is it facilitating com-pliance with subpoenas? Yes, all of these and more — which is both the problem and the opportunity.

Lawyers and accountants are scared — as are many of their clients. What a great marketing tool: sell “insurance” against the costs, embarrassment, business disruption, sales losses, and possible time in jail, that can result from a compliance failure!

The bottom line: don’t expect to find a magic bullet program you can plug in and forget. Rather, think about a system that represents the combination of all of the ele-ments (people, policies, training, and, yes, computer programs) that are necessary to create a practical document compliance system. A good document compliance sys-tem doesn’t just avoid violations of laws or regulations, it also focuses on the most im-portant goal: accomplishing your business objectives.

Yes, that should be done in compliance with the law, but that is where you should end up, not where you start. Your goal is not compliance just for the sake of compli-ance. Any document or records management system should start with what people need to do their jobs: store work reliably; find it again when they need it; share it with colleagues when appropriate; secure it when confidentiality is in order.

Do you need an archiving system that saves every-thing? Probably not — except in the few industries where specific regulations require that level of reten-tion. Otherwise, you save a lot of worthless data, and when you need something, you can’t find it.

Instead, the emphasis on document management compliance should be focused on knowledge manage-ment: capturing wisdom, retaining key records, and being able to retrieve that data when you need it.

As you construct your system, take the perspective

of the employee, not the lawyers. Resist the tempta-tion to create a records management guide with 3,000 categories, which almost guarantees that no one will use it. Why should someone search through a long list of records types to determine whether to keep a docu-ment, and if so, for how long and where?

It is easier to keep it forever — just bury it some-where. Or just send it off, discard your copies, and as-sume that the recipient will keep it if they need it.

Ask people what they do all day. Give each person, job, or department their own records guide. You’ll find that most people in business don’t create 3,000 differ-ent types of documents, but perhaps five. Tell them what to do with their five types of documents.

As you create your company guide, put the docu-

ments in retention buckets. Don’t focus on creating rules where some documents are kept for four years, some for five, some for six, etc.

Instead, create a five-year category for documents that must be kept for five years or less, a 10-year cat-egory, and “indefinite” for everything else.

If your system correctly identifies the type of docu-ments being retained and its owner, you can clean up duplicates and jettison files that are no longer needed for business or legal reasons.

Establish a system to notify people when a litiga-tion hold is in place. Then get the documents. Send out periodic reminders. Your system doesn’t need to be complex, but should be reliable enough so that if you need to prove to a prosecutor or plaintiff that you, in good faith, issued the hold, you can do so.

Most litigation involving discovery (electronic and otherwise) does not involve thousands of employees or millions of documents. Yet this seems to be all we hear about. If you do get a gargantuan case, you can bring in outside systems and helpers.

Instead, focus on day-to-day needs — a system to facilitate getting business done, which, by the way, will also help your production efforts in the normal case. Your clients or colleagues will enjoy the benefits of a system that facilitates their jobs. Should the law-suit hit, you can find what you need.

Here is a quick checklist: • Understand the records infrastructure: Where are

paper files kept? Is there an arrangement with out-side storage facilities? What is done with electronic files? Are there company-wide or department-wide programs, or does everyone just do their own thing with the occasional shared drive?

• Identify types of records created by department or job, and attach a retention guide to each record type. Build these rules into any existing systems wherever possible to simplify the employee’s task.

• Establish rules regarding where, when, and how to save records (paper and electronic).

• Create a short but clear training program for every employee, starting with new employee orientation, that outlines the basics of communicating in busi-ness, including the proper use of e-mail, voicemail, social media, retention, and destruction.

• Establish a legal hold system and train on docu-ments in litigation, attorney-client privilege, etc.

• Use periodic reminders, refresher training, and me-dia examples to reinforce the message.

This is no easy task. It involves talking to employ-ees and listening, not just telling them what to do. But the investment of time to create a system that reflects the way people actually work will pay off. It will give you a system that functions well because employees will find it to be a natural part of their workday, fo-cused on the things they do. They will have a sense of ownership that will be reflected in their commitment to doing their job with integrity. It will be part of a strong foundation for the comprehensive corporate compliance and ethics program that needs to be part of your organization’s culture. LTN

Chicago-based Theodore Banks is president of Compliance and Competition Consultants, and counsel to the firm of Schoeman, Updike, Kaufman & Scharf. E-mail: tbanks@schoeman.com.

Keep It SimpleTake the perspective of employees, not lawyers.

A_LTN_February_2010_p24_25_Banks_Cover_CunninghamJump_compliance.indd 2 1/22/10 2:23:47 PM

MOBILE LAWYER

By Brett Burney

Commonly confused with speech recognition, digital dictation involves humans to interpret

and translate spoken word into text. By contrast, speech recognition uses software to attempt to con-vert speech into computerized text.

Today’s digital dictation does not require clumsy equipment — in fact, it can be done just about any-where with the incredible mobility afforded us by cell phones, smartphones, netbooks, and laptops.

WinScribe Inc. ( www.winscribe.com ) and BigHand Inc. ( www.bighand.com ) both offer software that con-trols the workflow of dictated audio at a law firm. Both help legal professionals record from a variety of de-vices, including computers, dictation machines, and smartphones. They are excellent options for firms that can afford to implement a full-featured software-based system, and can support the necessary infrastructure.

There are alternatives, however, in the form of “out-sourced digital dictation” services that especially ap-

peal to small firms, solo practitioners, and other pro-fessionals who need to take their work on the road.

One such company is SpeakWrite ( www.speak-write.com ), née CyberSecretaries. SpeakWrite doesn’t sell software; instead, it has a covert army of human typists waiting to take your spoken word and tran-scribe it into text.

Customers simply dial the toll-free dictation line from any phone (landline or cell), enter their account number, and start talking. Approximately three hours later, you receive an e-mail with a Microsoft Word or Corel WordPerfect attachment containing the typed version of your call.

You can also e-mail or upload digital audio files via common audio formats, including .wav or .mp3.

SpeakWrite recently introduced applications for iP-hone, BlackBerry, and Android smartphones. Use the apps to record your audio on-the-go, and then the app automatically sends the audio file to SpeakWrite for transcription. The iPhone app also allows you to take

pictures and make comments, which are all assembled together in the transcribed Word or WordPerfect file.

Another alternative for iPhones and BlackBerrys is the VR+: Voice Recorder from Shape Services ( www.shapeservices.com ). It will record your voice as an .mp3 file that can be attached to an e-mail addressed to SpeakWrite.

For those who want or need a little more from their outsourced dictation service, consider a “virtual assis-tant,” such as LegalTypist ( www.legaltypist.com ).

President Andrea Cannavina says her company pro-vides personalized service, and refers to her typists as “secretaries in cyberspace” or “digital assistants.”

LegalTypist service is very similar to SpeakWrite, in that you call a toll-free number and start talking. You also can upload an audio file or even fax your hand-written notes, and receive an e-mail with everything transcribed in text.

LegalTypist can do much more as a virtual assistant — including document revisions, billing entries, and even callbacks to potential clients.

TRANSCRIBING THE COSTSThe pocketbook appeal of both SpeakWrite and Legal-Typist is that they are pay-as-you-use services — you only pay for what they transcribe without the burden of a monthly fee.

For example, SpeakWrite bills by the word. General work is 1.25 cents per word. If you need a more ad-vanced legal transcriptionist, the cost goes up to 1.50 cents per word. The total cost for this article would be $10.62.

Using an outsourced dictation service provides sub-stantial savings in time and staff resources. Most of us can talk faster than we can type. And outsourcing the transcription takes the burden off already-overworked internal staff.

The next time you leave a client meeting and drive back to the office, consider calling SpeakWrite or LegalTypist (with a headset of course) to dictate your notes about the meeting. You’ll at least be capturing your thoughts somewhere and receive everything in a beautifully transcribed e-mail attachment.

DICTATION DUE DILIGENCESecurity and confidentiality should be at the top of your list when considering an outsourced dictation service. Both SpeakWrite and LegalTypist require their typists to sign confidentiality agreements. SpeakWrite additionally conducts background checks on their typists and strictly adheres to policies outlined in the Health Insurance Portability and Accountability Act.

It’s also important to know where the company’s typists are located so you don’t potentially compro-mise client information by sending it offshore. Legal-Typist typists are U.S.- based; SpeakWrite has both U.S. and Canadian staff.

Finally, be sure you inquire about average turn-around time, and whether the service is available 7/24/365. LTN

Brett Burney is principal of Burney Consultants, based in Cleveland. A member of LTN’s Editorial Advisory Board, he writes a monthly column for the LTN website, www.lawtechnews.com. E-mail: burney@burneyconsultants.com.

26 • LTN • February 2010 www.lawtechnologynews.com

No RoboticsDigital dictation still involves human interaction.

A_LTN_February_2010_p26_27_Burney_Kodner_mobile.indd 1 1/22/10 2:17:27 PM

By Ross Kodner

Netbooks — those diminutive minicomputers that you’re seeing in airports and coffee shops — have

more power than you might expect. Your first in-stinct may be that a netbook might be a handy way to work when you’re stuck in coach with limited elbow room; or when you want a better way to check e-mail before you go to bed than trying to read a Word doc on your BlackBerry.

In other words, you might expect a netbook to be a part-time adjunct to a full-size laptop or desktop system.

But many netbook owners are finding that “occa-sional” has become “most of the time.” Netbooks can feel just as responsive as the bulkier, more costly full-size laptops. This raises the inevitable question: “Is there any reason I can’t use a netbook as my primary computer system?”

MATURINGOne thing is certain: Netbooks certainly are matur-

ing. A new generation of Intel netbook processors, the N450 “Pine Trail” series , was launched in December. The additional processing power of this main brain versus its predecessor Intel N270 chip opens up a range of desktop-replacement abilities that previously skirt-ed the edge of practicality.

Most new netbooks follow the current standard of a 10” display, a weight of about three pounds, and at least six hours of battery run time. Netbooks are also in operating system transition, from Microsoft’s Win-dows XP Home to Windows 7 Starter Edition .

The fundamental question when considering a net-book as your primary PC is processing capability: “Can I run all the programs I need to manage my practice, simultaneously, at a reasonable speed?”

For most of us, this includes at least four programs: 1. A word processor, likely a recent vintage of Word. 2. E-mail, with Outlook or Outlook Web Access the

probable candidate.3. Browser (e.g., Internet Explorer, Google’s Chrome,

Mozilla’s Firefox, or Apple’s Safari).4. A practice/document management application.

MY EXPERIENCEMy own experience, with Lenovo’s S10 and Samsung’s NC20 (both upgraded, inexpensively, to 2 GB RAM), has been very positive when running five programs. The netbooks are often my primary workhorse sys-tems, with my trusty Lenovo Thinkpad T61 full-size laptop relegated to my laptop bag.

Lenovo’s S10/S12 models cost about $300 to $450 respectively, with the 10-inch and 12-inch displays being the distinctive difference. The S12 model in-corporates a top-notch keyboard. Some models have larger hard drives, up to 250 or even 320 GB.

COMPONENTSThe following components can turn any modern net-

book into a fully-functioning stationary (and mobile) workstation for a lawyer:

• Docking device to connect the netbook to other devices — such as an LCD display, printers, keyboards, wired high speed internet, etc.

For example, Toshiba’s $149 Dynadock U USB or Wireless U models allow up to three video displays via a single USB connection to any netbook.

Budget about $175 to $200 for a 22-inch LCD dis-play, and another $100 for a wireless keyboard/mouse kit.

• An external USB hard drive for data backup (po-tentially partitioned to allow additional storage space when docked in the office).

There are very attractively-priced 1 TB drives, such as Western Digital’s My Book Essential series, available for as little as $90.

At least three drives are preferable for an alternating media-based backup scheme. Use data backup soft-ware, such as Acronis’s TrueImage Home 2010 for daily backups (about $60).

• Power Protection: Use electrical protection, for your docked home/office setup — as well as a portable surge protector for your laptop bag. Never, ever plug in without it.

For the office, brands such as APC , Tripplite and Belkin offer multiple outlet surge strips for less than $30. Tripplite’s Traveler is a $20 two-outlet, compact portable surge protector that is intended for mobile systems.

• Portable scanners can turn physical paper into PDFs when connected to your netbook via the office port replicator. These can be powered via your netbook’s USB port. Fujitsu’s ScanSnap S300 tips the scales at three pounds with a cost of about $255.

LOW COST This complete setup, sans only your program soft-ware and requisite system maintenance utilities (e.g., an anti-malware suite and anti-metadata tools), can cost as little as $1,200. This buys a system ready to dock at your desk and easily portable when you hit the road.

Personal preferences vary; our colleague Donna Payne, in a recent Test Drive column , finds netbooks still a bit clunky for her needs. But unless your legal computing needs require more than four or five si-multaneously running applications, you just might find that a netbook can be a very cost-effective, very portable, very dockable alternative to a full-size laptop or desktop system. LTN

Milwaukee attorney Ross Kodner is president of MicroLaw , a legal technology consultancy. E-mail: rkodner@gmail.com.

lawtech@alm.com February 2010 • LTN • 27

Power Netbooks Minicomputers pack more punch than you might expect.

Here are a few tips to help you select the net-book that is best-suited for your particular

mobile law practice approach, with the least dent to your technology budget:

1. How big are your fingers? All netbooks are not created equal — it’s important to choose a netbook that is comfortable. Face it, if you’re an ex-high school linebacker with fingers as big as a bassoon, the only keyboards that might have a chance of working for you would be the larg-er 12-inch models. The 10-inch versions, with more compact keyboards, will frustrate you.

But if you have the thin, agile fingers of a pianist, a 10-inch netbook may hit the note. Be-fore ordering a netbook online (no matter what brand), find one of similar proportions at a local retailer and try out the keyboard.

2. How good are your eyes? Those of us on the far side of 40 may struggle and squint at the smaller screens on 10-inch units. The ex-tra two inches of screen real estate offered by larger netbooks might make all the difference. As above, scout out netbooks to be sure you’re visually comfortable with the displays and the size of the characters.

3. To tablet or not? Netbook-sized tablets are just becoming available. As with traditionaltablets such as the Lenovo Thinkpad X series, and various Hewlett Packard and Fujitsu mod-els, these netbooks have touch-sensitive screens that accept stylus input. This means you can jot handwritten notes and fill-in on-screen forms, and use tablet-friendly software tools such as Microsoft’s OneNote .

Netbook tablets include Lenovo’s newly an-nounced Ideapad S10-3t with a 10-inch tablet display and Asus’ EEE T91-MT model with an 8.9-inch tablet display.

4. Where to buy? We all want to spend as little as possible — the economy makes it mandatory to be as frugal as possible.

Online options include Pricegrabber.com , C|Net’s Shopper.com and Google Product Search ( google.com/products ) to track down the best possible pricing for your netbook — as well as related accessories.

One example is pre-release pricing on the new Lenovo Netbook Tablet, the S10-3t. It is listed as $549 on the Lenovo website — but only $499 from Amazon.com .

Aside from Amazon, with a wide range of netbooks available, other netbook-heavy web merchants include NewEgg.com and Provan tage.com — both with a solid reputation for service and responsiveness, in addition to rou-tinely lowest-in-category pricing.

Happy shopping!—Ross Kodner

Pull Out the Plastic

A_LTN_February_2010_p26_27_Burney_Kodner_mobile.indd 2 1/22/10 2:17:41 PM

MOBILE LAWYER

By Jonathan Ezor

Last June, Palm launched the Pre smartphone, which runs webOS, Palm’s entirely new operating

system. (Disclosure: I was selected as one of Palm’s “Real Reviewers,” and lent a Pre and Sprint service at no cost.) Palm has a second webOS device, the Pixi , which shares many of the Pre’s features, albeit with lesser hardware.

The Pre was initially a Sprint exclusive, but a Veri-zon version (an updated Pre Plus ) was introduced on January 25. AT&T is scheduled to follow suit shortly.

STRONG COMPETITOR With its combination of features, ease of management, and innovative Synergy technology, the Pre is a strong competitor in the smartphone market.

Hardware includes a vivid 3.1” HVGA (320 x 480) resolution multitouch screen, and a 3 megapixel digi-tal camera with LED flash.

Text input is via a qwerty thumb board that is com-pact but usable, and slides behind the Pre when not needed. Along the top edge are a 3.5mm stereo head-phone jack, a ringer mute switch, and a power button.

The right side has a microUSB port for charging and attaching to a computer (more below), and the left has two volume buttons.

The area below the screen is itself touch-sensitive — a “gesture area” that allows for various swipes and taps for interface control.

The phone offers both wi-fi and cellular data con-nectivity.

WEBOS INTERFACEThe Pre’s webOS interface is typical of modern smart-phones (tap-able icons, multiple launch pages, etc.), with a notable exception: multitasking. Rather than running a single application at a time, the Pre can run multiple programs simultaneously, each in its own “card,” so the user can switch back and forth (or close unneeded programs) with simple gestures.

Launching a web browser or viewing a document to pull up specific information while composing an e-mail message is familiar from desktop operating sys-tems, and the Pre does it well.

SYNERGYAnother uncommon feature is what Palm calls Synergy, the integration of multiple contacts, calen-dar, and e-mail accounts into a unified interface.

With the Pre, users can access Microsoft Exchange, IMAP and POP e-mail accounts, and view Exchange and Google calendars on a single screen.

Further, the Contacts program automatically merg-es personal data from Exchange, Google, Facebook, Yahoo!, and LinkedIn, avoiding duplicate entries.

The Pre also provides full support for Exchange ActiveSync and synchronization with the other

Synergy services.The Pre lacks the software choices of older plat-

forms, but the available applications provide most of what a law practice needs.

The Sprint edition includes PDF and Office docu-ment viewers, and free turn-by-turn spoken directions via Sprint Navigation.

Other bundled software includes a full-featured web browser, YouTube viewer, media players, and the App Catalog — Palm’s over-the-air marketplace for new applications (about 1,100 were available in the U.S. as of early January).

EASE OF MANAGEMENTOne area where the Pre shines is ease of management. No desktop or “enterprise” software components are required.

All software purchases and operating system up-dates are executed wirelessly. A firm with an exist-ing Exchange server can easily connect and manage the smartphones via ActiveSync — including features such as Remote Wipe and PIN changes. And a solo at-torney relying on Gmail can be equally mobile.

Even backups are wireless — Palm has a cloud-based platform for automatic nightly backups of essential ac-count information, software purchases and on-device personal information management, easing restoration after data loss or device replacement. Palm also offers remote erasure of the device if lost or stolen, a welcome security feature.

The Pre’s USB mode allows it to function as a stan-dard USB external drive for any computer, via a micro USB cable — providing access to most of its 8 GB of (non-expandable) internal storage.

For attorneys who use Outlook but not Exchange, there are multiple third-party applications such as Chapura’s PocketMirror that connect the Pre to Outlook via wi-fi for data synchronization. Users also can synchronize Outlook Notes, which is not available in Exchange ActiveSync on any platform.

The Pre also has a swappable battery, and an option-al innovative wireless charger called the Touchstone.

ISSUES FOR LEGAL PRACTICEThere are a few issues regarding the Pre as a legal prac-tice tool, however.

First, it is not yet possible to edit Office documents in webOS ( DataViz’s Documents To Go is anticipated for “early 2010”). Nor is there yet a webOS timekeep-ing program that syncs with standard law office man-agement programs, although some older PalmOS pro-grams with these features may run via MotionApps ’ Classic PalmOS emulator for the Pre.

Further, while the Pre offers a full range of audio and telephone Bluetooth features (headsets, dialing, stereo, etc.), it does not yet support external Bluetooth keyboards, so direct text entry is limited to the thumb-board for now.

Finally, there is no full-device encryption, and any cloud backup potentially raises confidentiality issues.

Those concerns aside, the Pre’s ease of use and man-agement and growing carrier support make it a strong choice for law firms. As its operating system and third-party software continue to evolve, its suitability for legal practice will only increase as well. LTN

Jonathan Ezor, based in New York City, is director of the Touro Law Center Institute for Business, Law, and Techonology based in Central Islip, N.Y. E-mail: jezor@tourolaw.edu.

28 • LTN • February 2010 www.lawtechnologynews.com

Pre PerformsPalm’s new smartphone line is lawyer friendly.

Synergy intergrates multiple contacts, calendar, and

e-mail accounts.

A_LTN_February_2010_p28_Ezor.indd 1 1/22/10 2:18:25 PM

Law career route.• Today, 40% of lawyers in large firms are women. That’s the good news. The bad news is they don’t

get (or stay) promoted:• Just 19% of law firm partners are women.• Only 20% of federal judges are women.• 14% of Fortune 500 in-house counsel are women. Why? Well, as I wrote about in “Just Equal,” in LTN’s

Nov. 2008 issue, the reasons vary, and aren’t simple. Many of us simply self-selected out, not wanting the notorious BigFirm lifestyle and career choices. Clearly, the sociological reasons are complex. There’s no get-ting around that women who want children, or who must care for elderly or infirm family members, face impossible dilemmas. Savvy employers have noticed that while women may need fl exible work schedules early in their careers, these same women often kick into high gear just as some male peers hit “midlife cri-sis mode.” Of course, that’s just one example, but legal employers must fully integrate women (and minori-ties) if they expect to succeed as our profession rein-vents itself in the brave new digital world. Learn from baseball: diversity is key to championships. We will fail as a profession if true opportunities do not exist for all.

And that brings us to Craig Ball’s advice that he shared with the New York City women who work in e-

discovery. Whether you are an attorney or a litigation support professional or paralegal, e-discovery is your ticket to the top, says Ball —your EZpass, your HOV lane, the route that is all but guaranteed to provide you with money, authority, respect, and a “seat at the

table” of your organization’s leaders.“Only fools and fi re fi ghters crash through ceilings,”

Ball told the packed audience. Instead, end run that barrier to get to the the top and shape your future.

How? Learn e-discovery — the technology itself. Understand it inside and out. The dirty little secret is that it isn’t that hard to understand, says Ball. Be-come the “go-to gal” in your organization who can handle a Rule 26 Meet and Confer conference; distin-guish between vendor offerings; understand culling and redaction; knows how to frame searches to reduce data volume and increase relevance; and gets the best e-discovery results at the least cost.

Lawyers are incompetent when it comes to EDD. Yes, fl at-out incompetent. Especially the Baby Boomers, who are still writing the checks and making decisions. Many, many lawyers are still afraid of technology, re-fuse to understand it, and want to either ignore it or delegate it. Don’t believe me? Ask the magistrate judges who deal with this every day in their courtrooms: to name a few, Judges Andrew Peck , David Waxse , John Facciola , and Shira Scheindlin, who is scheduled to be next month’s speaker at NYC WiE (411: babs@womeninediscovery.com ). Carpe Diem!

P.S. I hope you’ll join me on Feb. 16, where I’ll be speak-ing on social networking for the New Jersey WiE chapter, at Latham & Watkins’ Newark offi ce, at 5 p.m. LTN

lawtech@alm.com February 2010 • LTN • 29

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I challenge every law firm managing partner, every general counsel, every

vendor CEO to fix gender pay discrepancies, today.

Call HR, get the pay records, and “Just Do It.”

A_LTN_February_2010_p04_29_UpFront.indd 2 1/22/10 2:12:35 PM

By Craig Ball

Courts have the power to shift costs of dis-covery from respond-ing to requesting par-

ties, as a punitive measure or to achieve an equitable result. For lawyers obliged to advance liti-gationexpenses, the prospect of handing a blank check to the other side is so chilling it may force them to quit the case. That’s a powerful weapon, and one that might have gutted historic cases had they been brought in today’s world. “If you want the Board of Ed-ucation’s e-mail, Mr. Brown, you’ll have to bear the cost of restoration.”

Cost shifting is never more fraught with peril than when costs flow from electronic data discovery, because lawyers have proved themselves spectacularly profligate in their approach to digital evidence. Too often, they throw massive amounts of mon-ey at any task, in lieu of thought or skill, with much of that mon-ey gravitating to attorneys’ fees for review of items not requiring lawyers’ eyes.

Where else in law can inepti-tude stoke revenues and deliver a strategic advantage?

Of course, litigants harmed by poor stewardship of shifted costs can mount a challenge, but it’s hard for a judge to distinguish necessary from needless when faced with invoices couched in dollars-per-gigabyte and techno-babble. “Your Honor,” the other side coun-ters, “they asked us for any and all responsive elec-tronically stored information, so we processed any-thing and everything.”

How can we expect judges to know what EDD services cost when they’re regularly confronted with improbably varying assessments? More than one vendor has confided they offer two cost esti-mates: the big one to help a client prove the request is too expensive, the little one to get the work.

Though cost-shifting during discovery is prob-lematic, some EDD disbursements should always be shifted when a case concludes: not to punish, but as a sensible evolution of the procedural rules that properly acknowledges ESI’s ascendency over paper.

I’m referring to taxing certain EDD expenses as the “court costs” due a prevailing party. Court costs aren’t the same as litigation costs, and don’t include attorneys’ or experts’ fees. They are narrowly de-fined by each jurisdiction’s rules of procedure, but generally include filing, service, transcript, and wit-ness fees. They may also include printing and pho-tocopy costs, and fees of court-appointed officers, such as special masters and interpreters. They’re taxed against the losing party, so called “taxable costs.”

In federal practice, taxable costs are governed by Rule 54(d) of the Rules of Civil Procedure and 28 U.S.C. §1920, which dictate that the prevail-ing party shall recover, among other charges, dis-bursements for printing, “exemplification and copies of papers necessarily obtained for use in the case” and interpreters and court-appointed experts.

Unchanged since 1978, the rules governing court costs hear-ken back to a time when most in-formation was on paper and are out of step with modern discov-ery practice. For example, though requesting parties can specify the forms in which they receive ESI, producing parties are not always allowed to treat the expense of producing in the specified forms as taxable costs. Such a right would be a powerful incentive to producing parties to respect the requestor’s choice, reducing dis-covery disputes.

Several recent cases address ef-forts to tax EDD expenses as costs, with mixed results. Some courts, as in Klayman v. Freedom’s Watch, Inc., 2008 WL 5111293 (S.D. Fla. Dec. 4, 2008), treat EDD as synon-ymous with the work of lawyers and legal assistants, and refuse to tax EDD expense as costs.

Other courts analyze specific processes with an eye to whether they are more like photocopying than legal services, even to the point of equating optical scan-ning of paper records to copying (taxable), but OCR or Bates label-ing to lawyer work (not taxable). Fells v. Virginia Dept. of Transp., 2009 WL 866178 (E.D. Va. Mar. 25, 2009); Rundus v. City of Dallas,

No. 3-06-CV-1823-BD (N.D. Tex. Nov. 2, 2009).Case law splits without clear guidelines, seem-

ing to turn on whether the party seeking discovery was the principal beneficiary of the expense, or the judge’s attitudes about e-discovery and the merits of the failed claim.

One exasperated judge recently rejected argu-ments that the work of a consultant to collect, search, identify, and produce electronic documents is akin to legal work, noting that EDD services are “highly technical” and “not the type of services that attorneys or paralegals are trained for or are ca-pable of providing.” CBT Flint Partners, LLC v. Return Path, Inc., et al., No. 1:07-CV-1822-TWT, 2009 WL 5159761 (N.D. Ga. Dec. 30, 2009).

Taxing $243,453.02 incurred for EDD services as costs, the court concluded that electronic discovery is “the 21st Century equivalent of making copies.”

IN YOUR COURTBALL

Are We Just Makin’ Copies?

www.lawtechnologynews.com30 • LTN • February 2010

See Ball Page 39

It’s time to treat certain e-discovery work as taxable court costs.

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LTN0210FPads.indd 31 1/20/10 5:00:03 PM

By Larry Port

Let’s get one thing straight. I’m not what Fox News would exactly la-

bel a lefty, tree-hugging, egghead liberal. True, I did watch Al Gore’s An Inconvenient Truth and drank the Kool-Aid a bit, but not so much to com-pletely eliminate Styro-foam and incandescent light bulbs from my life.

But I wanted a hybrid car, a low-fuel consump-tion vehicle that alter-nates between gas and battery power. In one fell swoop, I’d not only be transferring less money to unsavory foreign pet-rostates, but I’d also be reducing my carbon foot-print. Regardless of your politics, data is data, and there’s a correlation be-tween increased carbon dioxide in the atmosphere and historically increas-ing global temperatures.

I didn’t want just any hybrid, I wanted the Toy-ota Prius , with its great mileage. My family wasn’t completely sold on the idea, and I was plagued with nagging doubts. Compared to our minivan, it seemed small and unsafe. I always assumed that our next sedan would be bigger and more comfortable than our 2004 Acura TSX .

Let’s face it: the Prius is also a symbol. It identi-fies you as . . . a lefty, tree-hugging, egghead liberal. On the West Coast, and in New York and New Eng-land, that might be great. But in South Florida, it’s not so cool. We live in a place where if you don’t have a luxury sedan, to put it bluntly, you’re consid-ered a loser.

To satisfy my hybrid desires, I started exploring larger vehicles that would accommodate our family of four comfortably. The Ford Escape and Mercury Mariner small SUV hybrids seemed like good op-tions — not only would I benefit from the smug self-righteousness of burning less gas but I would support an American car manufacturer.

However, after talking to owners, most reported that they were getting about 27 miles per gallon, which I achieved in my Acura. The Toyota High-lander and others were similar: basically, they allow

owners to clear themselves of their carbon-creating guilt. It was clear that the most planet-friendly cars are the smaller hybrids, such as the Prius or the Honda Insight .

Meanwhile, two of my friends bought Prius cars. The importance of this development cannot be overstated. I once read that the most critical ingre-dient in the spread of new technologies is social ac-ceptance and interaction. Armed with two people in my social circle who had embraced the Prius, I now had precedents of ownership — and more im-portantly, friends who could answer my questions.

What about the space? I’m 6’4”, so this is not a trivial question. “Are you kidding?” responded Adrian Minor, my car-expert friend who’s as tall as me and broader. “There’s plenty of room for me. Plus, I lowered the back seats and put eight big bags of mulch from Home Depot in there.”

What about the mileage? And the quality? “Are you kidding?” asked Sean Leder, the first to make the leap and buy a Prius. “I’ve gotten 500 miles on a tank. The Bluetooth is as good as any Lexus. By the way, you should see how much mulch you can put in that thing.”

We took a spin in a Prius and sure enough, the size was deceiving. In spite of its small appearance, the curved, bubble-like shape afforded more head-

room than did my Acura. The vehicle sits a little higher too, allowing for a better view of the road.

I checked out some of the option packages and saw that I could get leath-er seats, iPod integration, Bluetooth connectivity, a backup camera, and all of the luxuries you’d find in a higher-end vehicle.

The tipping point oc-curred in a surprising way. It was spring, and the fam-ily was planning our sum-mer carpool. I’d be taking the morning shift to drop the kids off at their local day camp. The thought of idling through the mile-long drop-off line full of Cadillac Escalades , Land Rovers, and other enor-mous kid-beast cars was too much to bear.

I snapped. So we traded in our Acura for 10 grand

and leased a Prius. I negotiated a price of $26,000, and after applying my trade-in towards the down payment, I had monthly payments of $191.

It turns out the total cost of Prius ownership is a much-welcome surprise. This car is perfect for our dreary economic times. My lease payment is the lowest of anyone I know. Every two and a half weeks, after driving 400 miles, I fill up my tank with 9.5 gallons of gas. The tires are small and inex-pensive to replace. And Toyota has a reputation for reliability, increasing my odds that I’ll stay out of the auto shop.

The other thing I didn’t anticipate is that when you first get a Prius, you become consumed with your mileage. Toyota enables this addiction via a graph in your dashboard that shows your average, current, and historical mpg. For the first month, I paid more attention to this than I did to traffic.

You learn tricks, such as using cruise control, an-ticipating stoplights, and over-inflating your tires to put your mpg into the high 40s. You push your gas tank to the limit, trying to get as many miles out of one tank as possible. This mileage game results in a bizarre and foolish form of machismo among male Prius owners. “One time, I got over 500 miles on a single tank,” boasted Adrian.

GREEN LAW

Macho & Mulch

www.lawtechnologynews.com32 • LTN • February 2010

See Port Page 39

Choosing a hybrid in South Florida is a very nuanced adventure.

A_LTN_February_2010_p32_Green_Law.indd 1 1/22/10 2:24:53 PM

LTN0210FPads.indd 33 1/20/10 5:00:31 PM

By Donna Payne

Microsoft Excel has many uses within the legal industry. It can be used for

trial docket or calendaring, wit-ness list maintenance, annual budget preparation, salary pro-jections, etc. That being said, most of us spend the majority of our time in Word and Out-look, and as a result, don’t have the time or opportunity to hone our spreadsheet skills.

Here are a few tips and tricks to help you demystify, simplify (and fully exploit) Excel:

• Simple worksheet title formats: At the top of each new work-sheet you may have a title that clearly defines the data shown on the worksheet. For instance, “2010 Corporate Billable Hours Forecast.” After the title is typed into a cell, you can quickly merge the cells and center the title to make it stand out. Type the title and press Enter.

Select the cell containing the text you just typed and drag it to the right about 10 cells over. In Excel 2003 or earlier, click the Merge and Center button on the Formatting toolbar.

In Excel 2007, on the Home Ribbon in the Alignment group, click Merge & Center. Everything is combined into one cell.

• Creating an ampersand in a header/footer: If your firm name is Smith & Jones, you may have had difficulty getting Excel to display the name correctly when you type the text into the header or footer.

To create the ampersand, just type two amper-sands. For example, Smith && Jones. The duplicate symbol will not display and your firm name will display correctly.

NAVIGATIONHere are a few tips to help you navigate your way around a workbook and worksheets:

• Active column: First, if you need to select the entire active column, just press Ctrl+Spacebar. Pressing the Shift+Spacebar key selects the active row. For people who aren’t yet comfortable with the mouse, this makes selection a bit easier.

• Shortcuts: You can find keyboard shortcut combi-nations by searching Excel’s help files. Excel 2007 uses ribbons and tabs; however, there are more formatting options available in the Format Cells dialog box. Instead of trying to remember how to

display this from the ribbon, just press Ctrl+1 and the dialog box displays.

• Quick Moves: Another handy navigation trick is the ability to quickly move between sheet tabs (similar to pages in a workbook). If you routinely store case file in-formation in Excel, you probably have workbooks that contain large numbers of worksheets, which makes finding the exact worksheet you need difficult.

To make this process easier, try the following:

1. Right click on any arrow that appears in the bottom left portion of the workbook. You will see them next to the work-sheets tabs.

2. When you do this, a short-cut menu displays showing the name of the first 15 worksheets in the workbook. Click with the left mouse button on the sheet that you wish to move to from the menu (or click More Sheets if the worksheet isn’t visible) to display a dialog box to view all available worksheets.

Finally, remember that you can use two built-in tools to quickly navigate. Press F5 to dis-play the Go To dialog box, where you can either type in a cell ad-dress (e.g., A122, which takes you to column A and row 122), or click the Special button in the dialog box and select cells that contain formulas, comments, or other elements listed.

These are two of the many under-utilized features of Excel.

• Splitting the worksheet: When preparing a year-end budget the Split feature in Excel can come in very handy. Use it to temporarily break the worksheet into four sections; each containing their own sepa-rate scrollbar for easy navigation. This is especial-ly useful if you need to view separate areas of the workbook or even copy and paste values.

If you are using Excel 2003 or earlier, click in the cell where you wish the split to occur and then choose Window, then Split.

DRIVETEST

Accelerate Excel

www.lawtechnologynews.com34 • LTN • February 2010

How to create ampersands, center text, and solve other vexing spreadsheet challenges.

A_LTN_February_2010_p34_35_Test_Drive.indd 1 1/22/10 12:17:52 PM

If you are using Excel 2007, select the View tab, and in the window group, click Split. You can split the window into four separate sections. To remove the split, just repeat the commands that you fol-lowed to insert it.

• Copying a worksheet to a new workbook to send to a client: Want to share a portion of a workbook with a client or co-counsel without sending the entire workbook? Send it quickly and securely without worry about the recipients getting more than you want them to see. Right click on name tab of the worksheet you wish to share. (The name is at the bottom of the workbook).

From the shortcut menu, choose Move or Copy. In the To Book section, click the arrow and select the option New Book. Select the Create a Copy checkbox and click OK.

This leaves your original intact and creates a copy of the single worksheet, placing it in a new, unsaved workbook. Save the new file, be sure it has no inappropriate metadata, and it’s ready to go out the door. This method is better than attempting to create links or accidentally leaving information behind that should have been deleted.

DATA ENTRYWhen you type information into a cell, Excel per-forms calculations to determine whether it’s a num-ber or text. Typing fractions has posed problems for some people. Here is why: let’s say you type ½. When Excel interprets this data, it is calculated to a date value of 2-January (or January 2nd), and not a fraction.

If you are using Excel 2003 or earlier, type 0 ½ (zero space one half) and then press Enter to cre-ate the fraction instead of the date. In Excel 2007, there is a built-in method. Go to the Home tab, choose Number Format, Fraction, then type ½ and press Enter. But frankly, sometimes typing the pre-ceding zero is just as fast.

Finally, to quickly insert the current date, here are a couple of formulas. Type =Today() and press Enter to insert the current date, or alternatively, type =Now to insert both the current date and time.

There are keyboard shortcut methods to insert the current date and time into a worksheet as well: CTRL+; (semicolon) for the date, and CTRL+SHIFT+: (colon) the time.

Caveat: Keep in mind that these are updating fields so if you go back into the worksheet later and press F9, or update the fields another way, these fields will update as well.

• Line Break within a Cell: When you want to force a line break in Excel and you want to continue typing in the same cell, just press Alt & Enter.

FIXING EXCEL LIST DATAWe all receive files from clients that aren’t format-ted the way we want. For instance, if the client sent

you a company list with names and addresses, and you need to use that information for a mail merge, it’s best to have the first and last names in separate cells rather than in a single cell. Excel can quickly remedy this by using a Text to Columns feature.

This is built into the software — all you have to do is know where to find it. You can also combine two or more cells by writing a simple formula that is pretty straightforward to create. This is a manual process, but it’s still fairly easy to accomplish.

Separating information into separate cells takes

just a few seconds with the Text to Columns Wiz-ard. Just select the cells that contain the informa-tion and then determine how many columns of information are needed in total. For instance, if there is a first name and last name in the same cell, then the end result will be two columns.

Next, insert the same number of extra columns you’ve determined you will need to the right of your data so Excel doesn’t overwrite any existing information.

If you’re using Excel 2003 or earlier, select the data in the cells to be affected, and then choose Tools, Text to Columns. Indicate what separates your data (a space, comma, period, etc.) and follow the instructions on screen to finish the process. Click Finish and your information will appear in separate cells.

If you are using Excel 2007, choose Text to Col-umns on the Data ribbon in the Data Tools group. Specify how your data is separated (comma, space, period or other character), follow the three-step wizard instructions on screen, and click Finish.

You can combine data from two or more cells into one cell by joining the cells together using the ampersand character and a simple formula that we’ll construct in this next exercise.

1. In cell A1, type your first name.2. In cell B1, type your last name.3. In cell C1, type =A1&” “&B1 and press Enter.

Be sure that you add a space between the quota-tion marks because that will serve as a space be-tween your first and last name.

4. Let’s try something a little different: type =B1&”, “&A1 and press Enter. Be sure to add a space after the comma.

This places your last name, a comma followed by a space, and then your first name all within the same cell without having to retype any of this information — you just pulled it from existing cells.

JUST A LITTLE MATHExcel is chock full of functions — that’s where its power truly lies. Let’s take a look at two functions that are especially useful in legal environments:

• Countif function: Let’s say you need a quick count of firm personnel by office location. As long as you have a column that contains an office location, this calculation can be done using the Countif func-tion. Type =Countif(B1:B105,”Seattle”) and press Enter.

B1:B105 indicates all the cells containing the city name and the desired city name appears in quotation marks. Substitute Seattle with your en-try of choice and you can use the Countif function to count whatever your column entry contains and display the number of times it appears.

• Payments: Real estate attorneys can use the PMT (monthly payment) function — or you can use it to find out what your potential house or car loan would be on a future purchase.

An integrated function builder dialog box helps you construct your function; however, let’s build the function manually because it’s quite simple.

We’ll need three parts to the formula: the in-terest rate that you will need to divide by 12, the number of payments, and the amount of the loan. In an empty cell, type =PMT(0.06/12,36,20000) and press Enter. Given these terms, your monthly payment would be $1,367.90.

Excel is the great equalizer — because every-one can use it to perform even the most com-plex calculations without having to know much at all about math. LTN

Donna Payne is CEO of Payne Consulting Group, based in Seattle. DonnaPayne@payneconsulting.com. Twitter: @Donna_Payne.

Excel is the great equalizer — because every-one can use it to perform even the most complexcalculations without

having to know much at all about math.

lawtech@alm.com February 2010 • LTN • 35

A_LTN_February_2010_p34_35_Test_Drive.indd 2 1/22/10 12:19:03 PM

By Robert J. Ambrogi

Is there room in the legal market for a third high-end legal research service? That is the question as Bloomberg, a company known for its financial news, attempts to muscle

in on the turf now occupied by Westlaw and Lexis-Nexis. In December, it officially launched Bloomberg Law .

For Bloomberg, it is a radical move. It is the first time the company has untethered a major infor-mation product from its trademark terminals. The terminals are ubiquitous in financial firms but have never achieved significant presence in law firms.

This web-based product (www.bloomberglaw.

com) represents Bloomberg’s concession to the le-gal market’s lack of interest in its terminal-based services.

For the legal market, the move is brazen. Bloomberg seeks to stake out a claim on terrain where Thomson Reuters’ West and Lexis have had years to shore up fortifications.

In taking on these services mano a mano, Bloomberg differentiates itself as the only one that integrates legal content with proprietary news and business intelligence.

Bloomberg’s biggest challenge may lie in con-vincing the legal market that it needs another high-end research service. The trend in research is to-

wards lower cost services and more open access to legal materials. Bloomberg would seem to be swim-ming against the tide.

PRICINGOne way Bloomberg will compete is by offering a uniform, fixed price as a counterpoint to the cryptic and confusing pricing plans of West and Lexis. A Bloomberg subscription is $450 per user per month. That is not cheap, but it covers all usage and is less than firms would generally pay to West or Lexis. It also offers a floating license for $1,250 a month that covers five users, but allows only one to log in at a time.

WATCHWEB

Three’s a Crowd?

www.lawtechnologynews.com36 • LTN • February 2010

Bloomberg Law officially enters the high-end legal research service market.

A_LTN_February_2010_p36_37_Web_Watch.indd 1 1/21/10 2:44:25 PM

SWAGGER AND SUBSTANCEPrice aside, the bigger question is how Bloomberg measures up as a legal research service. This much is clear: Bloomberg is getting into the game with swagger. Not only is it loading up on primary legal content, but it is also creating reams of editorial enhancements.

It has developed its own citator to rival Shepard’s and KeyCite, its own headnotes, and its own num-bering system to rival West’s key numbers.

To accomplish all this and bring itself up to com-petitive speed, Bloomberg hired an army of lawyers — some 500 now on the payroll, I was told — and has them nose to the grindstone writing headnotes, tagging cases and readying a law digest.

One of those lawyers recently gave me a tour of Bloomberg Law and then gave me a trial account so that I could explore it on my own. (I cannot tell you his title because Bloomberg’s egalitarian structure does not allow job titles.)

A WORK IN PROGRESSMy overall impression of Bloomberg Law was of a luxury yacht only partially constructed. It looks impressive and many parts of it are fitted out with top-of-the-line features. But as you wander around its decks, many doorways open to unfinished, emp-ty rooms. It is seaworthy, one assumes, but still has a lengthy punch list.

This is ambition exceeding execution, perhaps. Take the Bloomberg Law Digest, for example. It is touted as a detailed index of legal topics collecting key cases, statutes, regulations and other materials. So far, however, many of the topic headings lead only to blank pages, still awaiting content from that army of lawyers.

CASESCases are another example. Bloomberg’s library of cases is complete, in that it has full collections of all federal and state appellate decisions and trial-court libraries on a par with those offered by West and Lexis. The cases include pagination.

However, Bloomberg Law’s reference guide and marketing materials say that cases include staff-written headnotes and points of law. Some do, but in my trials, the majority of the cases still do not have headnotes. Click the button that is supposed to display the headnotes and instead you get a mes-sage, “No headnotes available.”

LAW CITATOROne strong and fully-executed feature is the Bloomberg Law Citator, Bloomberg’s answer to Shepard’s from LexisNexis and KeyCite from West.

As you view a case, an icon alerts you to its status and a panel to the right shows a graphical summary of subsequent citations. A click of a button opens an in-depth analysis showing the case’s direct history, citation history and a list of the cases it cited.

A nice feature of Bloomberg is docket search-ing, covering federal dockets and selected state and international dockets. It is the only legal research

service that has complete U.K. dockets, I was told. It also provides tracking and alert services for federal legislation and regulations.

A MARRIAGE OF LAW AND NEWSA key emphasis of Bloomberg Law is the marriage of legal research and news.

The idea is to provide lawyers with primary le-gal content, while also helping them monitor their clients’ industries and businesses. It does this well,

integrating law and news in a number of ways.To this end, the home page replicates a news ter-

minal. The lead legal news story tops the page and legal headlines appear in a box to the right. The page’s lower half has tabs allowing you to choose among Morning Legal Briefings, daily reports of top news in various practice areas; Law Reports, more in-depth stories covering court and legal de-velopments; and top news from around the world or filtered by topic or region.

The front page also has a watchlist where you can track company stocks and click through to in-depth information and news about the company.

Every public company has a page. Among other things, the pages list all recent filings in which a company is named, including from court dockets and SEC filings.

A DESIGN THAT SHINESOne aspect where Bloomberg Law shines is its de-sign. It is fast, intuitive and thoughtfully arranged. I especially like that — as do most modern browsers — it uses tabs, opening new documents in separate tabs so you never lose your research trail or have to backtrack through it.

Searching on Bloomberg Law is quick and uses either Boolean or plain-language queries. A search can be run broadly across a range of content types (e.g., court opinions, dockets and statutes) or more narrowly by jurisdiction, practice area or industry. Filters allow easy refinement of search results by topic and industry.

The Research Trail feature automatically saves all research and documents and stores them in-definitely for later retrieval. Another feature, Work-space, allows you to save research and documents in folders and share them with colleagues. Sharing can be done only within your own firm.

Tabs across the top of the screen provide ready access to a user’s Workspace and Research Trail, as well as to saved searches and alerts. Users can set alerts for virtually any type of content on Bloomberg Law.

The left-hand navigation pane collapses with a click to provide more viewing space on the screen. The pane provides links to all of the main sections of Bloomberg Law and also to a collection of prac-tice-area pages. These pages highlight recent court opinions and articles related to the practice area, link to key resources for the area (including blogs), and provide shortcuts to search core libraries re-lated to the practice.

Bloomberg offers a telephone and e-mail help desk staffed 24/7 by lawyers, law librarians and paralegals. I e-mailed the help desk at nearly mid-night about a log-in problem and received an an-swer within minutes, much to my surprise.

WILL IT FLOAT?For now, Bloomberg Law is a work in progress. It remains to be seen whether, once construction is completed, there will be sufficient demand for it in the legal market.

The product is targeted at larger firms, but also at smaller firms with a need for robust docket search-ing and financial intelligence. Few large firms are likely to dump West or Lexis and switch solely to Bloomberg Law. That means they are likely to buy this only if they see it as a necessary add-on to their research arsenal or a partial substitute for higher-priced services.

Law firms heavily involved in securities and fi-nance are most likely to buy Bloomberg Law, giv-en its melding of law and financial news. For the broader legal market, Bloomberg Law has a tough sell ahead and a lot of work to complete in the meantime. LTN

Robert J. Ambrogi is a Massachusetts lawyer and media consultant. He writes the blogs LawSites and Media Law. E-mail: ambrogi@legalonline.com.

lawtech@alm.com February 2010 • LTN • 37

A key emphasis of Bloomberg Law is the

marriage of legal research and news. The idea is to

provide lawyers with primary legal content,

while also helping them monitor their clients’

industries and businesses. It does this well.

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CORPORATE ADVERTISING

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February 2010 • LTN • 39lawtech@alm.com

Lawyers seeking to tax EDD expens-es as court costs should segregate and document disbursements that most closely correspond to §1920 costs. It’s useful to establish that the producing party incurred the expenses responding to a request by (or agreement with) an opponent, or an instruction from the court. Prove that the cost was necessar-ily incurred to fulfill that request.

It’s key to show that the expense ben-efitted the requesting party or court. Be specific. Closely track statutory lan-guage, likening to printing, copying, exemplifying, or translating. Exclude costs principally benefitting the produc-ing party or incurred only for counsels’

convenience. Consider whether using a court-appointed neutral enhances your ability to tax EDD expenses as costs.

In the end, Congress must amend 28 U.S.C. §1920 to mesh with modern prac-tice, ending tortured efforts to define EDD as photocopying, printing or exemplifi-cation. Until then, the courts should de-lineate electronic counterparts for §1920 taxable costs, and the EDD bar and in-dustry should work to develop guidelines on what components of EDD are properly taxable as costs and how these should be tracked and authenticated. LTN

Austin’s Craig Ball is a trial lawyer and computer forensics/EDD special master. E-mail: craig@ball.net.

Not to be outdone, and figuring the battery would power me to a gas station should I need it, I tried to best the 500-mile mark. One Sunday, I was nearing the end of a tank with 450 miles on it. With the family in tow, we ran out of gas. The dashboard lit up like a Christmas tree. We coasted into the closest establishment, our library, and told the children we planned to go there all along.

I texted Adrian: “Ran out of gas in Pri-

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Larry Port is a founding partner of Rocket Matter , based in Boca Raton. E-mail: Larry@rocketmatter.com.

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MOST RECENT TECH PURCHASE: Adobe Photoshop CS4, and an Apple iTouch.

NEXT TECH PURCHASE: Applications for my iTouch.

SECURITY BLANKET? My BlackBerry.

FAVORITE NON-TECH MAGAZINES: Real Simple, Gourmet (sob), and Forbes.

FAVORITE TV SHOW: Mad Men.

FAVORITE MODE OF TRANSPORTATION: My 2006 Subaru Forester. I highly recommend it to anyone in the market for a new car.

LAST BOOK READ: Lolita, by Vladimir Nabokov.

WHERE WOULD WE FIND YOU ON A SATURDAY AFTERNOON: At the Coffee Bean and Tea Leaf cafe in Santa Monica with my husband, Marc Goldberg. In fact, we’re often there on Sunday afternoons, too.

APPOINTMENT I NEVER MISS: My Tuesday night knitting group.

MOST IMPORTANT LEGAL TECHNOLOGY TREND:Attorneys developing social networking skills. Many clients are now communicating and getting referrals via Facebook, Twitter, and LinkedIn. To-day’s lawyers need to be active on these sites in or-der to keep up with their current clients and make new contacts.

MOST IMPORTANT TECHNOLOGY ACCOMPLISH-MENT IN LAST YEAR: Learning to use my Mac and learning to sync it to my iTouch.

FAVORITE TECH SECRETS: BlackBerry Messenger and Google Labs (a.k.a., “Google’s technology play-ground.”

FAVORITE URLS: I’m a blog addict, so here are a few of my must-reads:

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FAVORITE SEARCH ENGINE: Google.

LAST VACATION: Nevis and St. Kitts. Next stop: Italy.

FAVORITE QUOTE: “Carpe Diem.”

Nina GoldbergAssociate, Baker Hostetler

42 • LTN • February 2010

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