Some terminally ill patients are in so much pain that they would rather end their life than to go on suffering and experience a poor quality of life. Because of physical and mental limitations, people in pain have a much different view on living than people with good health. This altered view makes some choose certain courses of care in a debilitating illness he or she may not even consider in a healthy state of being. Many healthcare providers claim that terminally ill people’s pain can be controlled to tolerable levels with good pain management, yet there are tens of millions of patients who do not have access to adequate pain management in the U.S. alone.

Many religious organizations believe that suffering can be used to purify us. This purification can be for the caregiver and for the patient. It is a time to learn and be aware how the body becomes more soul in the process of transformation associated with dying and death. Christians believe that life is a gift from God and God does not send us any experience we cannot handle. Islam states in the Qur’an, “Take not life which Allah made sacred otherwise than in the course of justice.” And “Since we did not create ourselves, we do not own our bodies.” Orthodox Judaism states that “This is an issue of critical constitutional and moral significance which Jewish tradition clearly speaks to. We believe that the recognition of a constitutionally recognized right to die for the terminally ill is a clear statement against the recognition and sanctity of human life….”

It is clearly evident that religious influence upon PAS deems such an act as going against one’s Creator, and as such, the need to pray and discern the direction of one’s life and dying should be in the consultation of clerical status of one’s own faith. To override such influence would take an autonomous individual whose beliefs have taken him or her from what can be known religiously to what can be known through them by the same force that gave them life. It is here that terminal patients choose a course of action from the core on one’s being transcending his or her belief in their creator (religiously) leading to an active participation of one’s assessed values (personal transformations) that includes their religious influence, but it is not limited to it as well.

Samuel Oliver, author of, “What the Dying Teach Us: Lessons on Living”
For more on this author; http://www.soulandspirit.org

Ethical and Religious Considerations in Physician Assisted Suicide is a post from: General Fiasco Business and Management Site

Send Half of Your Resume
Find a company you want to work. Write a great cover letter on why you are a good fit, pointing to the enclosed resume. Don’t seal the envelope and don’t enclose a resume. They’ll think the resume fell out in the mail. They will call and engage in a conversation. Sell yourself shamelessly.

Write A Prospecting Letter
Make use of the power of direct mail. Locate 5-10companies. Write up a letter to your contact network and ask them if they know anyone who works at any of the companies on your list. When a contact says they know someone on your list, send them your resume and ask them to forward it their contact or ask permission to send it yourself.

E-Mail Chain Letter
Create a list of 20 companies you want to work for and send an email to everyone you know to see if they know anyone who works at these companies. Ask them to contact you if they do, so that you can ask for a referral. Finally, ask them to forward your email to 10 more people. However don’t do this if you’re currently employed!

Distribute A Booklet
Write a booklet with information relevant to your industry and give it away. Everyone loves free information and this demonstrates your expertise. Give the booklet away electronically and advertise it to newsgroups where hiring managers will see it.

Call Human Resources
Sounds crazy, right? Call the human resources department. Ask them what outside agency or third-party recruiting firm they use. They will ask you why do you want to know. Tell them that their company is not currently looking for someone with your skill set right now the agency may be dealing with other firms, so you are looking for a recommendation. They may very well ask you for an interview. If not at least you do get a lead. They would love to save the agency fees. Also being recommended gives you special attention. Send them a thank you note.

These are guerrilla tactics that can give you better results. Be sure to stay toned for another 5 creative tips.

5 Creative Ways To Find A Job is a post from: General Fiasco Business and Management Site

* Definitions and safe harbor provisions for the routine alterations of electronic files during routine operations such as back ups [Amended Rule 37(f)]

* Information about how to deal with data that is not reasonably accessible [Amended Rule 26(b)(2)(B)]

* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]

* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]

* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]

There are many opinions about how ESI should be planned for, managed, organized, stored, and retrieved. Some of the available options are extremely costly in terms of their required financial and time commitments. Constantly changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; there is a significant difference. These are described in the sidebar Computer Forensics vs. Electronic Discovery.

Making the Right Choices

Successfully responding to e-discovery within the constraints of the amended FRCP requires organizations to make many critical decisions that will affect the collection and processing of ESI.

Processing Choices

Because of the volume of information available in even the smallest of collections, it becomes necessary to manage the process to control time and budget. The following questions need to be answered:

1. Who are the key people?

The people important to a case should be identified. These key individuals include not only executives, but also assistants and other support personnel from the technology, accounting, sales and marketing, operations, and human resources departments.

2. Where are the files located?

All the potential locations of electronic evidence should be identified. These include home computers and all computers that a key person would use elsewhere (such as a girlfriend or boyfriend?s home), cell phones, PDAs, Blackberries, and any other digital device that might be used. It is important to note that MP3 players, such as iPods, can also be used to store documents or important files.

3. How can the collection be culled?

Methods for limiting the number of files collected may include collecting only those in certain date ranges or only those containing selected key words or terms. This can be done either before or after an entire hard drive is collected forensically. Known file filtering can also reduce the collection by removing standard application files common to all computers (such as the Microsoft Windows? logo file).

4. How should password-protected/encrypted files be handled?

Encrypted files cannot be processed until the encryption is broken. In some instances, files with exact or similar names may be available without using passwords or encryption. File locations may also provide information about the value decryptions provide. Decryption may require significant time. Sometimes a password can be obtained simply by asking for it, so this should be the first step. If that fails, using a subpoena may be successful.

5. How should duplicate and near-duplicate documents be handled?

Electronic file collections almost always include duplicates. Multiple individuals may have the same e-mail, with the same attachments. Two or more people may have reviewed key documents, saving them on their hard drives during the process. In processing electronic collections, it is possible to identify exact duplicate files and limit the number of documents that require review.

Identifying exact duplicates usually occurs during the phase in which the metadata is identified and extracted from the files. De-duping the collection will minimally delay the processing.

Standard de-duping involves identifying files that are exact duplicates and eliminating them. If anything has changed within a document, including formatting such as a change of font, it is no longer an exact duplicate and is not de-duped.

It is imperative that both sides of a case agree on what is meant by ?de-duping.? Many electronic discovery systems literally delete the files so they are gone from the collection. The forensic tools used in law enforcement, however, usually do not delete the duplicates, but merely identify them for future use.

Discussing this definition during the pre-trial conference to ensure that all sides of a case use the same definition is imperative to ensuring that there is not a discrepancy in the number of files that each side later has.

A more significant portion of any collection will be ?near duplicates.? This includes files that have been significantly altered or contain only a portion of the main document. For some projects, the sheer file volume requires that near duplicates be identified and reviewed as a group. This significantly reduces review time and costs when compared to traditional linear review.

Identifying near duplicates requires comparing each document to every other document or using sophisticated software applications that require additional processing time. This technology increases consistency of review categories, reducing the chance of near-duplicate documents being identified as both privileged and non-privileged.

6. What form should the collection take?

The new rules state that the parties will meet and determine the format in which they wish to receive electronic evidence. In the absence of an agreement, the format will be that ?in which it is ordinarily maintained? or in a ?reasonably usable? format.

The choices a legal team has include whether each side prefers to receive the electronic evidence in native file format, converted to TIF or PDF, or in some other form. Often, this will depend upon the team?s standard litigation review system.

Such systems handle both native and converted files, with or without associated metadata and full text. There are pros and cons for both options. Native files with extracted metadata reflect the exact original file; however, they cannot be Bates labeled, which is a technique to mark documents with a unique identification code as they are processed, and are subject to inadvertent change.

Converting native files to TIF or PDF is time-consuming and is the most expensive task in electronic discovery. Because 60 to 80 percent of the files in a collection may be non-responsive or irrelevant, both the time and finances expended in conversion may be counter- productive.

The best compromise involves receiving files in native format, reviewing them for relevancy, and choosing only those that may be produced or used extensively for conversion to image format.

Managing the vast amount of electronic files for litigation requires preparation planning for the production, organization, and retrieval of pertinent and relevant documents and managing both cost and time budgets. Because every case presents unique circumstances, there are no absolute correct answers to the questions above. But a team that understands the choices and their ramifications is prepared to make the informed decisions that will result in the best possible outcomes for the case and the organization.

10 Critical Decisions for Successful E-discovery Part 2 is a post from: General Fiasco Business and Management Site

1. Ask for a Letter of Reference. You can use this to help you land that new job because it will be beneficial to have a letter that praises you and your accomplishments. This will show future employers that your termination was a business decision and not because of any wrong-doing on your part. Most people forget to ask about this, and it is difficult to try to go back later and ask for one.

2. Ask about severance pay. You are not automatically guaranteed this unless it was stipulated in your employment contract when you were hired.. Typically, one week of severance is given for each year of service to the company, but this can be negotiable. And, especially if you’ve recently finished an important project, been honored or achieved a major goal, be sure to remind them. It may buy you another week of severance pay they weren’t planning on giving.

3. Are you entitled to unused vacation pay? In most cases, the answer is no. Some companies allow you to roll over your unused time from one year to the next, while others have a use it or lose it policy. Most companies will explain their rules in the employee handbook, but asking to be paid for your unused vacation pay just may earn you a few extra dollars you could use right now.

You may not get any severance or vacation pay, and you especially won’t if you don’t ask for it. Don’t forget, this is a very difficult situation for your boss, too, so he or she may be willing to give you more than had been planned on. You’ll never know unless you try, and the worst they can do is say no. If the moment passes, chances are you won’t have another opportunity to ask these questions again. Knowing ahead of time what to ask for may give you the confidence to speak up for yourself at this difficult time. Good luck!

3 Points You Should Negotiate When You Are Losing Your Job is a post from: General Fiasco Business and Management Site

* Definitions and safe harbor provisions for the routine alterations of electronic files during routine operations such as back ups [Amended Rule 37(f)]

* Information about how to deal with data that is not reasonably accessible [Amended Rule 26(b)(2)(B)]

* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]

* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]

* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]

There are many opinions about how ESI should be planned for, managed, organized, stored, and retrieved. Some of the available options are extremely costly in terms of their required financial and time commitments. Constantly changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; there is a significant difference. These are described in the sidebar Computer Forensics vs. Electronic Discovery.

Making the Right Choices

Successfully responding to e-discovery within the constraints of the amended FRCP requires organizations to make many critical decisions that will affect the collection and processing of ESI.

Collection Decisions

The following questions need immediate answers:

1. Are e-mail files part of this project? If so, do any key people maintain an Internet e-mail account, in addition to their corporate accounts?

The sheer volume of transactions for large e-mail providers prohibits the storage of massive amounts of mail files. Many Internet e-mail account providers, such as AOL, BellSouth, and Comcast, retain their e-mail logs no longer than 30 days. If a case could potentially require the exploration of e-mail from Internet accounts, the discovery team must expeditiously request the records, or they may be gone forever. This usually requires a subpoena. In rare cases, fragments of Internet e-mail may be recovered forensically from an individual’s hard drive.

2. Is there any chance illegal activity may be discovered?

Many cases involving electronic data uncover wrongdoings. These situations may involve a member of the technology department or a highly technical employee. In these cases, an organization’s first inclination may be to terminate the employee(s) involved and determine the extent of any damage prior to notifying law enforcement agencies.

This may be exactly the WRONG thing to do. If the wrongdoing is by a technical person, there is a chance that he or she is the only person who knows how to access the files, find the problem, or fix it. This is often the person who knows the passwords for mission-critical applications. The technical employee usually has the ability to work and access company files remotely. Unless such access is eliminated prior to the employee’s termination, it is possible that a terminated or disgruntled employee may access the network and do great damage.

A better solution is to restrict the employee’s complete access privileges, both local and remote. The employee is then notified of management’s knowledge of the situation and given an opportunity to cooperate to minimize the damage. If the situation involves criminal matters, especially if financial or medical records have been compromised, a good decision is to involve law enforcement as early as possible. Electronic criminals frequently disappear and destroy all evidence of their activities.

3. Is it possible that deleted or hidden files may play an important role in this case?

There are three ways to collect electronic files for discovery:

* Forensically ? as described in the sidebar

* Semi-forensically ? using non-validated methods and applications to capture files

* Non-forensically using simple cut and- paste copy methods to move copies of files from one location to another. These methods do not include hashing files to ensure the files have not changed, which involves using a hash algorithm to create a mathematical fingerprint of one or more files that will change if any change is made to the collection.

For some matters, the content of electronic documents is all that matters. The context of the files ? who created them, how they are kept, how they have been accessed, if they have been changed or deleted ? is not as important.

For other cases, contextual information, including finding deleted files, is vital and requires a forensic collection. This includes

* Ensuring legal search authority of the data

* Documenting chain of custody

* Creating a forensic copy using validated forensic tools that create hash records

* Using repeatable processes to examine and analyze the data

* Creating a scientific report of any findings

Determining the value of electronic forensic file collection must be done prior to any data being captured. Once semi- or non-forensic methods have been used, it is impossible to return records to their original states.

4. Are backup tapes part of an active collection?

Some cases involve historical issues, making the method of handling computer backups important to address immediately.

Most businesses use a schedule of rotating their backup media. For example, in a four-week rotation, daily backups are done for a week and then those tapes (or drives) are taken offsite for storage. A new set of media is used for the second, third, and fourth weeks, and then those three tapes are stored offsite. On the fifth week, the tapes/drives from the first week are reused. This process is done for financial reasons, as it is extremely cost-efficient.

Backup tapes may become part of the active information required to be kept under a litigation hold. This requires cessation of any rotation schedule, and the 2006 amendments to the FRCP make it critical for the legal team to convey that information to the technology employees responsible for business continuity processes.

10 Critical Decisions for Successful E-discovery Part 1 is a post from: General Fiasco Business and Management Site

Mistake #1: Believe in Magic

Show up hoping that a coherent, eloquent, useful presentation will magically appear once you start speaking. Avoid any type of preparation. Just wing it.

> What Happens
Everyone is amazed by the presentation because they expected more. They are also bored and disappointed. They may even become upset because an unprepared presentation insults the audience by wasting their time. Unprepared presentations sound like, well, unprepared presentations.

> Instead
Prepare. Identify the goal for your talk. Design a presentation that achieves that goal. Talk with key members of the audience about their expectations. Rehearse.

Mistake #2: Memorize your speech

Spend untold hours committing every precious word to memory so that you can recite it even if awakened in the middle of the night.

> What Happens
You sound like a machine. And if you stumble on a word, you can become stuck–speechless. I’ve seen this happen, and it’s painful.

> Instead
Learn your presentation. Yes, write a script. Memorize the first and last sentences and then practice giving the presentation without looking at the script. Practice many times. Eventually, you will learn how to convey the key ideas in a natural, normal way.

Mistake #3: Talk About Yourself

Focus entirely on yourself. Tell about your background, your credentials, and your history. Tell your story. Just talk about yourself. Make the presentation all about you, yourself, and your life.

> What Happens
They listen politely. If you manage to be entertaining enough, they may actually pay attention. Otherwise, the audience reacts by thinking, “So what?”

> Instead
Talk about the audience. That is, talk about what they need and how they can achieve it.

3 Worst Mistakes People Make in a Presentation is a post from: General Fiasco Business and Management Site

Leaders can greatly benefit by being able to identify the types of personality characteristics of team members. By understanding the basic personality types, the leader can use individual strengths of members for the good of the team, as well as assign tasks that individual team member’s naturally excel in. A leader can also learn to communicate in a way that is motivating, by taking into account the needs, values and working preferences of different team members.

A good leader will see the greatest results by working and utilizing the strengths and working style characteristics of the personalities on the team. By correctly positioning the individual member strengths and compensating for weaknesses, the leader can bring the team into a productive balance and harmony.

A brief overview of the different values and working styles of the four main personality types demonstrates the importance of this knowledge being part of the successful leadership toolbox. The four types of personality will be described using the colours Gold, Blue, Green and Orange.

The strong Gold employee takes work and responsibility very seriously. Gold personalities want to contribute, be part of the team, and to be successful and productive. They respond well to recognition, rewards and incentives. However Gold team members need well defined responsibilities and structure, firm expectations and timelines as well as being reassured from authority that they are on the right track.

The strong Blue personality needs an open, social atmosphere to be able work well. Relationships are very important for them, and they need the freedom to be able to nurture relationships with coworkers, customers and employers.. Conflict and intense competition are painful for a strong Blue, but they will thrive in a positive, creative, service orientated atmosphere.

A strong Green personality is more noted for expertise rather than people skills. They are excellent working with facts, data, research and analytical projects. Greens shine in their ability for designing, understanding complex systems and strategy. Facts are of utmost importance for the Green, but they have a weakness for routine follow through and are somewhat insensitive in social interactions.

Orange team members are noticeable by their energy, skill and creativity. A key factor for an Orange is the freedom to be able to use their skills and abilities. If there is too much structure, or their boss is very authoritarian, the orange personality feels blocked and does not function well. Orange personalities like people and work well in a spirit of teamwork, competition and camaraderie. They are action orientated, though and become impatient with prolonged talking and detailed administrative tasks.

A leader, by knowing the colours of his team, can use this knowledge to blend the team members into a unified, well coordinated picture poised for success. By facilitating each team member to function in their areas of natural strength and motivating them by communicating in a way that inspires harmony and team work, the leader is well on the way to achieving extraordinary results.

A Good Leader Knows The Team’s Colours is a post from: General Fiasco Business and Management Site

There is an additional benefit that comes to the person who exercises this concept in his/her business; the development of that person’s strength. In nature, do you suppose the strongest trees are those that are protected from the storms and hidden from the sun? This isn’t the case. The one that stands out in the open and bears all of the winds and rain and is shone upon by the blistering sun is the tree that develops the strength to withstand the most violent weather. This also is the case for the person who goes beyond expectation to deliver added value in everything he/she does. This is the person that becomes strong enough to succeed despite the adversities that one is sure to come up against in his/her business. The fact that most people are delivering as little as they can get by with, serves as a great advantage to you when you deliver added value. One who delivers as little as he/she can, may rest assured he/she will receive the same.

I hope this information will add value to all of your experiences.
Joe Clinton.

Add Value to All You Do is a post from: General Fiasco Business and Management Site

A trade show is a non-stop series of beginnings. Every moment — from the second the doors open until they blink the lights signalling the end of the day — is a moment where you could be meeting customers for the very first time.

If all goes well, these crucial first moments will launch a mutually profitable relationship that will last for years. On the other hand, if the impression you create is not so positive, you’ve kissed a lifetime’s worth of business goodbye.

Beginning well’s means you’re half done. Once you’ve established a rapport with the client, once that positive foundation has been laid, the hard work of negotiating a deal and closing a sale becomes so much easier. Here’s what you need to know to create a favorable first impression time and time again, over the long hours and days that you’ll be at the trade show.

What’s for sale here?

Your company might make computers or luxury automobiles. You might sell scrub brushes. You could retail the finest gems found on the Indian sub-continent. It doesn’t really matter. When you’re at a trade show, what you’re selling is YOU.

Today’s buyers are nervous. They’ve been through the dot-com bubble. They’ve seen Enron blow up and corporate scandal follow corporate scandal. Yet they still have to do business. How do they know who they can trust?

There will always be a due-diligence component to business, but a surprising amount of decisions are made by people ‘trusting their gut.’ During those crucial first minutes where you’re checking out the attendee, they’re checking you out. They are, perhaps unconciously, assessing what they perceive as your intentions and motivations. Few people believe that they can get a good deal from someone they do not believe to be a good person.

Key Secret: People have to ‘buy’ you before they can buy your products.

Can you hear what I’m saying?

Non-verbal communication plays a huge role in creating first impressions. Attendees are constantly watching. If your body language conveys the fact that you don’t want to be at the show, would prefer not to engage with attendees, or are just going through the motions, they’ll pick up on that and go elsewhere.

Standing at the corner of your exhibit with your arms folded tells attendees “Stay away! I’m on guard.” Sitting down, flipping through a magazine, or chatting with colleagues says “I’ve got better things to do.” All togther, it means “You’re not important to me,” even if you ask the attendees what you can do for them today.

Secret: People won’t come in if your body language says “Go away!”

The Wall of Noise

You have to approach attendees, engage them, welcome them into your booths. Unfortunately, many staffers take this to mean that they must offer up a constant stream of conversation, from the welcoming hello to the assurances that “We’ll be in touch!” as the attendee hurries to a calmer, quieter exhibit.

Talking is important, but listening is more so. Shift the focus from your own sales spiel to actually listening to the customer and you’ll find your results immediately improve. Ask attendees questions, and listen to their answers. Give them your full attention. Hear what they’re saying and offer appropriate responses.

The fact that you’re focused on the attendee, wholly engaged with them, and committed, however briefly, to solving their problems, is one of the easiest, most effective ways to create a positive first impression. It sets a good precedent, establishing how you will do business with this client further down the road. You’re laying the foundation for that positive, profitable relationship.

Secret: Focus on the attendee for maximum results.

These three secrets will stand you well in the trade show environment. Remember that to begin new relationships, you must first create a positive impression. Being mindful of the fact that people need to trust you before they do business with you, avoiding off-putting body language, and listening more than you talk will help you do exactly that. And then you’ll be well begun — more than half done, well on the road to starting a new profitable relationship.

Begin at the Beginning: Secrets for Success is a post from: General Fiasco Business and Management Site

Build a Prototype.

If you plan to sell physical things, or you’re going to do something like starting a website or making software, then you should build a prototype to see how your idea will work out. A prototype is a version of your product that is built quickly by you alone, and serves to show that your idea is feasible in the real world. If it would be too expensive to build the whole thing, then just building the new part that differentiates you from your competitors is good enough.

Show your prototype to a few people, to see what they think. Are they excited? Would they use it?

Get a Few Customers.

If your product is relatively low-value, or you’re providing a service, then it shouldn’t be too much trouble to get a few customers and do a few dry runs. Do them a generous discount (you could even do it for free), to make sure that everything runs smoothly and the customers are satisfied at the end of it.

For example, let’s say you plan to be a landscape gardener from home. You could borrow the tools, and volunteer to do a garden for some kind of charity project – this is good, since it means that you’re doing something nice for charity, but they’re not paying for perfection, so it’s not that bad if small things go wrong. You should then go through all the motions as you would once your business is established, and see what comes out at the other end.

Here’s another one. Let’s say you’re an Italian living outside Italy, and you plan to start a home business cooking pasta in your kitchen and delivering it to customers (you’d be surprised how many home businesses there are in the catering industry). You could make a rough draft of a leaflet (with discounted prices) and deliver it to a small number of homes in the area, until you get a little response. You could then see if it really is feasible to make and deliver these things, and whether there would be any profit in it.

Before You Do Anything: Try It Out is a post from: General Fiasco Business and Management Site