Slaw: Technology

3D Printer Revolution

David Canton — Wed, 15 May 2013 09:20:26 -0400

3D printing has become a popular topic lately. While 3D printers that print objects similar to how ink jet printers print words have been around for many years, the cost has come down dramatically, and will continue to come down.

3-D printers are a disruptive technology, and as with any disruptive technology, the law will have to react to issues that come with it. Possible issues include intellectual property, product liability, and use for criminal purposes.

There has been a lot of negative press lately about using 3D printing to create plastic guns. To me that says more about the . . . [more]

Verifying That Emails Are Received

John Gregory — Wed, 15 May 2013 03:59:44 -0400

When does the law require you to follow up an email to see if it was received? Is that a matter of prudence only, i.e. if you really have to know, you had better follow up? Are you liable for negligence for not following up, in important cases, or all cases, if the message was not received?

A recent Swiss case – in the Federal Supreme Court – held that senders of emails have a duty to verify receipt in almost all cases. On the facts of the case, the result may be OK: an agent for a taxpayer emailed . . . [more]

Smart Organizations

Shaunna Mireau — Tue, 14 May 2013 11:13:26 -0400

A tweet this morning from Heather Colman alerted me to the Building Smarter Organizations event happening today in Toronto.

If you are like me, and you are not in Toronto attending this event, you can still participate through the web.

There is a Linked In Group and a #smartorg twitter stream. There are plenty of concepts being shared through tweets that will make you think. Examples:

Mark Federman ‏@MarkFederman Great Drucker quote: Mgmt mostly consists of making it difficult for people to do their work. #smartorg

Heather Colman‏ @HeatherColman More bureaucratic mgmt= less engaged staff #smartorg

It is worth your . . . [more]

Hacking Back: The Next Big Thing? I: Criminal Considerations

John Gregory — Mon, 13 May 2013 07:00:05 -0400

The more interconnected the world becomes, the more people (businesses, governments) are exposed to harm generated online. “Cyberthreats”have become a leading source of worry for many knowledgeable people. The Internet is a dangerous place. Hacking that was once the domain of geeks wanting to show off their exploits is now big business, with division of labour (those who collect the information pass it on to those who use it) and serious resources. Tools for most forms of nastiness are readily available for sale at reasonable prices.

Crime has been joined by state and perhaps private espionage in the . . . [more]

Service of Initial Official Documents by Email?

John Gregory — Thu, 09 May 2013 22:29:39 -0400

Do you know of any means by which prosecutorial documents – like a notice of compliance or notice of laying of charges – can be delivered electronically? If a regulator, for example, wanted to require one of its regulated bodies to appear at a hearing, how can it ensure that the addressee has received the notice?

The regulator would have an email address of the regulated body, but assume that there is no contract or statute that allows for ‘originating process’ to be presumed to be delivered if delivered electronically.

I am aware that the Rules of Civil Procedure allow . . . [more]

Canadian Association of Law Libraries 2013 Conference – It's All About Redesigning to Stay Relevant

Michel-Adrien Sheppard — Thu, 09 May 2013 20:09:34 -0400

One of the big themes running through many of the workshops at this week’s CALL conference in Montreal was the redesign of products, platforms and processes. The conference ended yesterday.

The Monday session entitled “Please Don't Make Me Think: User Testing a Faceted Search Engine” was about how the Centre d’accès à l’information juridique (CAIJ), Quebec’s Courthouse Library Network, conducts user testing sessions to validate the ergonomic and design aspects of many of its tools, including its new faceted search engine JuriBistro UNIK.

I served as a guinea pig at the session. I volunteered to go up on stage . . . [more]

Wearable Computing – Legal Issues?

David Canton — Wed, 08 May 2013 11:14:00 -0400

What do readers think about wearable computing? Is it cool or creepy? Where is the technology headed? What legal or other issues might arise from it?

I'm thinking about this because I find the intersection of technology and law interesting, and I've been asked to speak about it this fall. Google Glass privacy concerns is a popular topic today, especially around the issue of the ability to record and save images and video, and what might happen with all that. In addition to Google Glass we are seeing the debut of the smartwatch. The Pebble was a very successful kickstarter project, . . . [more]

Vroom, Vroom Law

Simon Lewis — Fri, 03 May 2013 07:00:55 -0400

In the late 1980’s and early 1990’s, I put around two thousand lawyers through a hands-on computer course on how they could use a PC themselves. For a few years, one lawyer returned annually. Turns out that his motivation was to re-assure himself that his colleagues were still luddites when it came to IT, and that he had nothing to fear with respect to their catching up to him.

I suspect that he had a good 3 decades start on most. However, one would have to say that now tech is finally being accepted as playing an important role in . . . [more]

April 2013 Issue of Connected Bulletin on Courts and Social Media

Michel-Adrien Sheppard — Thu, 02 May 2013 11:43:06 -0400

The April 2013 issue of Connected is available online.

The bulletin covers the impact of new social media such as Twitter and Facebook on court proceedings, the ethical implications of judges and court staff using new media, and court policy issues relating to these technologies. Most of the stories are about the United States.

In this issue:

Oregon juror jailed for texting during trial
AOCs [administrative offices of the courts] and high courts using social media: an update
Courts on Yelp
Michigan launches latest video in Court Stories series

The bulletin is published by the Virginia-based National Center for State Courts . . . [more]

Deloitte TMT Predictions

David Canton — Wed, 01 May 2013 15:38:34 -0400

I just heard Duncan Stewart speak about the Deloitte 2013 TMT predictions at an event held by the London Economic Development Corporation. A couple of things have been mentioned on Slaw before. Here are some more things to ponder.

As we start to rely on more data in the cloud, carrier promises for uptime guarantees will be as important as the volume of data on our plans.

The hype over voice and gesture control for PCs and TVs is overblown. A remote control has an error rate of about 2 per 10,000 uses. Voice and gesture error rates are . . . [more]

New CanLII

Shaunna Mireau — Wed, 01 May 2013 14:49:57 -0400

CanLII is testing a new search interface! Check out beta.CanLII.org. The CanLII Blog reports:

CanLII is proud to present a new search interface designed to unify the functionalities of its search engine under a single form that is at once easier and more powerful to use. This beta site allows our users to get comfortable with this new tool, its functionalities and its organization. As this interface evolves over the coming months, we invite you to send us your comments and suggestions.

Like the single search box on the basic Google page? You will probably like the beta . . . [more]

Social Networking From an Employment Law Perspective – a CCCA Spring Conference Panel

Connie Crosby — Tue, 30 Apr 2013 09:09:13 -0400

These are notes from a panel discussion by George Waggott, Partner, McMillan LLP, Toronto, Nina Barakzai, Sky Media, UK, Lyndsey Wasser, Partner, McMillan LLP, Toronto, and Lewis Gottheil, Counsel, CAW Canada, Toronto, on April 16, 2013 at the Canadian Corporate Counsel Association National Spring Conference 2013 in Toronto.

Note: these are my selected notes from this session; any inaccuracies or omissions are my own and not the speakers'. This session included a review of case law which was largely not included here.

The Social Network: What Should Employers Do?

Panelists:

George Waggott, Partner, McMillan Nina Barakzai . . . [more]

Email Pro Tip #5: Triage Your Mail on the Go

Jack Newton — Mon, 29 Apr 2013 13:33:35 -0400

I receive between 100 and 1,000 business-related e-mails per day. Out of necessity, over the last few years I've developed a numbers of systems that help me manage my inbox effectively. This is the third in a series of posts describing the systems I utilize to stay on top of my inbox.

Keeping on top of e-mail on your smartphone helps you maximize productivity during "down time"on the road and minimize the amount of time you're spending managing your inbox when you're at the office. A smartphone keyboard, however, is only really suitable for composing short messages, so you want . . . [more]

New Pew Internet Section on Digital Libraries

Steven Matthews — Thu, 25 Apr 2013 14:03:40 -0400

The Pew Internet homepage is noting a new section addition (or rather, subdomain) that aggregates Pew publishing on digital libraries. See: libraries.pewinternet.org

Pew Internet has maintained a category dedicated to digital library trends for a few years now, so the site hosts a reasonable volume of material. It also includes a blog. The new site's About page is unfortunately a copy-over from the main website; but with any luck, someone will add that background context soon.

If you don't regularly visit Pew's work on Internet trends, I highly recommend it. And for the law library crew here at Slaw, . . . [more]

Orphan Works and Digital Libraries via CopyrightX

Kim Nayyer — Wed, 24 Apr 2013 18:42:27 -0400

Very shortly, at 7 pm ET, a presentation on Orphan Works and Digital Libraries will be live-streamed. The stream will be available at http://tfisher.org/hls1x-copyright.html.

For later viewing, the presentation and discussion will be archived in about a week at http://cyber.law.harvard.edu/people/tfisher/CopyrightX_Events_2013.htm.

The speakers are top-notch: Brewster Kahle, John Palfrey, and Robert Darnton. It seems likely their discussion will be set in the context of the Digital Public Library of America, which launched last week, and with which all are connected. Copyright themes likely will focus on US law.

More information on the DPLA is . . . [more]

Access to Justice Reports Released

Simon Chester — Wed, 24 Apr 2013 10:20:44 -0400

Earlier this month, Kirk Makin of the Globe and Mail scooped an announcement of a major set of Reports on Access to Justice in Civil and Family Matters, an inititaitive that started with the Chief Justice's challenge to the Canadian Bar Association last summer.

The four Reports from Working Groups chaired by Justice Thomas Cromwell were officially released this morning: Backgrounder Report of the Court Processes Simplification Working Group Report of the Access to Legal Services Working Group Report of the Prevention, Triage and Referral Working Group Report of the Family Justice Working Group

And a background literature review: Family . . . [more]

Canadian Association of Law Libraries: Could Federal Budget Affect Access to Legislative Information?

Michel-Adrien Sheppard — Thu, 18 Apr 2013 18:54:24 -0400

Legal researchers and law librarians have long worried about the lack of a coherent strategy in Canada to ensure the digital preservation and archiving of legal and governmental information. A case in point is Louis Mirando's Slaw.ca post of Feb. 15th , 2013 on Library Budgets and Priorities: A New Year and a New Normal:

(…) when will we begin an organized, comprehensive preservation/digitization project for our historical law collections? Preservation must procede hand-in-hand with digital access. The Internet Archive and Hathi Trust (for monographs), and JSTOR and Ontario’s Scholars Portal (for journals – unfortunately not open-access) are a start,
. . . [more]

Status Seekers

David Whelan — Thu, 18 Apr 2013 07:00:51 -0400

Lawyers rely on an invisible infrastructure to power their law firms. Once those wires leave your computer and hit the wall, you cede control to others. Even if you haven’t shifted any part of your practice to the cloud, you may have file or e-mail servers inside your firm that are managed by others. We can use status dashboards and related information to warn us when things have gone awry in our digital world.

Your Apps Status

A tremor runs through cyberspace when Google Mail goes offline and social networks light up with virtual handwringing. Your first awareness may be . . . [more]

Culture Wants to Be Free*

Kim Nayyer — Wed, 17 Apr 2013 23:56:46 -0400

Prof. Larry Lessig gave a superb talk, "Free Culture," this evening at Harvard Law School. The talk is one of a series of special events Harvard Law professor and Berkman Center for Internet & Society director Terry Fisher organized for his 2013 Copyright course, in which I'm lucky enough to be participating. Like all the special events, Prof. Lessig's talk was presented in person to Prof. Fisher's Copyright law school class, via webinar to online course participants (including me), and to the public via archived webcast.

I took a few notes during Prof. Lessig's engaging and stimulating talk, and . . . [more]

ABA Techshow's "60 Sites in 6 Minutes" Slowed Down

Simon Fodden — Wed, 17 Apr 2013 10:53:17 -0400

Each year the ABA Techshow offers a fun feature that has the audience bombarded by the URLs of dozens and dozens of interesting sites delivered at a relentless rapid pace by a tag team of IT experts. You can access the YouTube video used in that presentation. But in case you find it hard to keep up, I'm offering below a simple list of all of the URLs mentioned this year. You'll discover, when you explore them, that they're a mix of the useful and the amusing, which is no bad thing.

My thanks to this year's four presenters, Britt . . . [more]

Perspective Is an Important Element of Privacy

David Canton — Wed, 17 Apr 2013 09:25:20 -0400

One thing I find consistent about privacy issues is an inconsistency in approach and viewpoint. What is and is not deemed acceptable seems to change dramatically based on several factors, including geographic location (which I suppose is really more of a cultural issue than a geographic one), whether it is about one's own information or you are doing something with someone else's information, and whether the party with the information is government or business.

Many times it comes down to issues of trust, understanding, surprise, and how public one wants their life to be.

An example is in this article . . . [more]

Cyber Security and Cyber Espionage: A CCCA Panel

Connie Crosby — Tue, 16 Apr 2013 11:16:28 -0400

These are notes from a panel discussion by Ron Deibert, Professor of Politcal Science and Director of the Canada Centre for Global Security Studies and the Citizen Lab at the Munk School of Global Affairs, University of Toronto, David Lashway, Partner, Baker & McKenzie, Washington, DC, John Woods, Partner, Baker & McKenzie, Washington, DC and moderator Theo Ling, Partner, Baker & McKenzie, Toronto on April 15, 2013 at the Canadian Corporate Counsel Association National Spring Conference 2013 in Toronto. Note: these are my selected notes from this session; any inaccuracies or omissions are my own and . . . [more]

Tracking Your Devices After They're Lost or Stolen

Omar Ha-Redeye — Sun, 14 Apr 2013 14:31:01 -0400

I have an OCD-like compulsion of checking to make sure my phone is on me or nearby at all times. Although I have a passcode lock on it, losing my phone is of great concern, and I'm certain I'm not alone.

There are ways to remotely wipe your phone, but if I did lose it I would probably just want it back. The first step there is knowing where it can be found.

Dom Deltorno of London, England lost his MacBook on Feb. 4, 2013 when it was stolen from his home apartment. In April 2013 the tracking service showed . . . [more]

The Kids Will Fight Over Your Google Data

Steven Matthews — Thu, 11 Apr 2013 14:32:11 -0400

We've touched on the afterlife of digital assets here at Slaw on many occasions. Google has just announced a new service that adds an interesting direction: allowing users to pass along the data behind (rather than the password to) their various Google services.

A new group of settings under Google accounts will allow for these directions, called the Inactive Account Manager. Users will have the choice of destroying their data after a set period of time, or to pass along their data to a trusted contact or contacts. Google will also try notifying you by text or your alternate . . . [more]

Make Mine to Go

Catherine Sanders Reach — Thu, 11 Apr 2013 07:00:06 -0400

You might have heard already, but we are experiencing a mobile revolution. The message from market research companies is loud and clear – mobile web access is growing exponentially. What’s more, Search Engine Watch reports a Google survey of mobile users found that they are five times more likely to abandon the task they are trying to complete if a site isn’t optimized for mobile use, with 79% saying they will go back to search and try to find another site to meet their needs. While this is likely far more true for an ecommerce site or news site than . . . [more]

Archiving the Web

Kim Nayyer — Wed, 10 Apr 2013 12:11:40 -0400

A not-new UK law was given regulatory effect this week and enables the British Library to archive the .uk web, just as it already receives legal deposit of UK print materials. The import of the new regulatory changes in effect April 6 is, I gather, that the archive can built by automated crawl, rather by permission for page-by-page grabs.

As the British Library explains, legal deposit of UK publications to identified libraries is, of course, a practice of long standing. The new regulations extend and entrench the program for UK digital materials:

Legal deposit has existed in English law
. . . [more]

5 Years in the Cloud at ABA TECHSHOW

Jack Newton — Mon, 08 Apr 2013 11:13:04 -0400

It's astonishing how much has changed in my five years of attending ABA TECHSHOW.

At ABA TECHSHOW 2008, Rian Gauvreau and I launched the beta of Clio, which at the time was not only the first of a new generation of web-based practice management systems, but the one of the first of any web-based product to be exhibited at TECHSHOW.

At this first TECHSHOW, Clio prompted both admiration and fear among attendees: half the visitors to our booth were thrilled about the prospect of putting their data in the cloud (by the way, back then "the cloud" wasn't even a . . . [more]

Crowdsourcing Legal Research and Precedents

Omar Ha-Redeye — Sun, 07 Apr 2013 12:22:08 -0400

There's not much that the large law firms have as an advantage over mid-size and small firms. Their bloated overhead, high-priced rent, and unnecessary bureaucracy, all translates into higher operating costs passed on to clients.

There is one thing which does hold large law firms apart from the rest, and that's the decades of institutional knowledge which is internally accumulated. As much as the law is constantly changing and evolving, much of it still remains the same, or is easily updated from precedents that have recently become obsolete. This realm, of internal legal memos and precedents, is the area where . . . [more]

The Right to Be Forgotten on the Internet

Michel-Adrien Sheppard — Thu, 04 Apr 2013 13:39:00 -0400

The UK newspaper The Guardian has published a series of articles on Internet privacy – the right to be forgotten which addresses many of the issues surrounding the (occasionally embarrassing) traces we leave as we use online services.

Reading some of the articles got me feeling a little bit paranoid:

The internet has a long memory. But what if the pictures, data and personal information that it can pull up about you appear unfair, one-sided or just plain wrong? More and more people are claiming they have a "right to be forgotten" and are even trying to delete themselves from the web.
. . . [more]

Happy 40th Birthday to the Cell Phone

David Canton — Wed, 03 Apr 2013 13:44:21 -0400

Readwrite mobile says that the very first cell phone call was placed 40 years ago today by Motorola Division Manager Martin Cooper. It was not until many years later – March 6, 1983, that it went on sale.

We now take our cellphones for granted – but what a difference a few decades make. The original Motorola DynaTAC sold for $3,995 ($9209 in today's dollars) was 10 inches high (plus the antenna), and weighed 1 3/4 pounds. And of course it could only make phone calls. The smartphones we throw in our pockets today have more computing power than a multi-million dollar, . . . [more]

Companies Announce 2nd Quarter Improvements

Connie Crosby — Mon, 01 Apr 2013 09:29:36 -0400

I love this time of year: many companies traditionally announce some of their more "out of the box" improvements right at the end of the first quarter or beginning of the second quarter. Here are just a few I noticed in my mailbox; you will see Google is the real leader in 2nd quarter upgrades:

Google Fiber to the Pole

Making the Internet more accessible when you are on the road.

Treasure mode on Google Maps

They apparently came across Captain Kidd's maps and are using crowd-sourcing to attempt to find treasure that he left.

Google introduces Google . . . [more]

The Future of Law: Tomorrow’s Lawyers by Richard Susskind

Sharon D. Nelson and John W. Simek — Mon, 01 Apr 2013 07:00:56 -0400

Most American lawyers became aware of British Professor Richard Susskind after he wrote The End of Lawyers? in 2008. The book generated a lot of controversy among lawyers with some proclaiming that he had indeed “seen” the future of law and others protesting that the practice of law would certainly not undergo the kind of radical changes that Susskind foretold.

Susskind is back generating controversy once again in his latest book, Tomorrow’s Lawyers. We are unabashed fans of Susskind’s prophesies, even those we may not wholly agree with, because he forces the legal profession out of its natural complacency. . . . [more]

Consumer Protection and EULAs

John Gregory — Thu, 28 Mar 2013 14:33:01 -0400

The Law Commissions of Scotland, England and Wales have proposed a clarification of British law about unfair terms in consumer contracts, to ensure that that law applies to end-user licence agreements for software and online services (EULAs).

Canadian jurisdictions do not (so far as I know) have legislation with ‘unfair terms’ in the name, while the UK has implemented the EU Directive on Unfair Terms. (French courts held a decade ago that online contracts, notably the AOL (2004) and Tiscali (2005) subscriber agreements, were subject to the comparable French law – and invalidated a large proportion of the . . . [more]

Communications Infographic

Shaunna Mireau — Tue, 26 Mar 2013 11:57:47 -0400

I accidentally sent an email to the wrong person yesterday. No privacy violation problem with the email content, but very embarrasing of course. I am sure that every Slaw reader has misdirected an email at least one time. We have all probably dialed a wrong number on the telephone also. We may have texted the wrong person too.

Even though we all tell ourselves that we will carefully read the screen, we won't rely on our email quick addressing options, we will keep our contacts updated, and all of the other best practices we can think of, these things happen. . . . [more]

You Tube and Access to Justice

John O'Sullivan — Mon, 25 Mar 2013 10:39:13 -0400

Maintaining its commitment to online access to justice, the UK Supreme Court is now uploading to YouTube oral summaries of its judgments from the Bench.

Argument in important cases is already available live on-line, through a partnership with Sky News (see here ) but is not being uploaded due to volume and space constraints.

Details of hearing dates together with case summaries can be found on the Court's website and are worth diarizing. It is very difficult to retrieve the data if you miss the live broadcast.

There is also a superb blog with detailed commentaries on cases. . . . [more]

E-Mail Pro Tip #4: Create Disposable Emails With Gmail's '+' Notation

Jack Newton — Mon, 25 Mar 2013 10:28:56 -0400

When signing up for online services or newsletters, most of us feel some level of anxiety about handing over our closely-guarded e-mail address to an unknown and potentially untrustworthy third party. To work around this problem, some create "throw-away" e-mail addresses that can given out indiscriminately, but having to deal with multiple e-mail addresses can be a significant headache.

Gmail (and Google Apps) offers support for a more convenient solution to this problem: an instant "throwaway" e-mail address can be created by appending a "+" sign, followed by any combination of words or numbers, to your e-mail address. E-mails sent to this address . . . [more]

A Mention of a Google Alerts Alternative

Omar Ha-Redeye — Sun, 24 Mar 2013 13:46:10 -0400

Another Google product which may soon disappear is Google Alerts. Alerts are absolutely essential to keep track of a brand or an issue online, especially for crisis communication and reputation management. It's important for lawyers dealing with these issues to identify web mentions as they occur and to respond proactively as needed.

Unfortunately I haven't been pleased with the service for several years, noting the results were spotty and largely incomplete. Although I don't have enormous "Google trust issues," I have been looking for years for an effective alternative to Alerts without much success. Danny Sullivan at Search . . . [more]

Is Google Committed to "Free"?

Steven Matthews — Thu, 21 Mar 2013 18:43:10 -0400

Simon touched on Google's latest offering Keep in a post yesterday, and how this product comes on the heels of Reader being abandoned. I've slowly come to grips with my Feeddemon and Google Reader partnership drawing to a close, but there's something more frustrating at play here.

What I'm finding troubling is the lack of trust I now feel for Google and their commitment to "free". Google was supposed to be the safe bet, but it clearly wasn't. And now we're forced to question what's next? Gmail? Analytics? Apps? Feedburner? … We may just be a "spring cleaning" away from . . . [more]

Full Collection of Digitized Federal Hansards by 2015?

Michel-Adrien Sheppard — Thu, 21 Mar 2013 11:55:45 -0400

I attended a presentation yesterday organized by the National Capital Association of Law Libraries (NCALL) where a representative from the Library of Parliament (LOP) outlined plans to make all older federal parliamentary debates available for free via PDF within the next few years.

Currently, pre-1900 debates are available in digital format on the Canadiana.org subscription website. Senate debates from 1996 onwards and House of Commons debates from 1994 onwards are available online on the parliamentary website.

LOP has teamed up with Canadiana.org in a five-year collaborative effort to create a free-of-charge portal that will offer searchable access to federal Hansards going . . . [more]

Google Keep

Simon Fodden — Wed, 20 Mar 2013 17:04:58 -0400

Google giveth and Google taketh away. The most recent taking was, of course, the wildly popular Google Reader. And the new gift today is Google Keep, a kind of reprise of the older (and discontinued) Google Notebook.

Keep was announced today on the Official Blog. If you've got an Android device you can give it a whirl — let us know what you think. The rest of us will have to wait until Google fulfils its promise to make it accessible via Google Drive.

The woods are full of notetaking apps, the most prominent perhaps being Evernote. It's going . . . [more]

Cloud Storage, Privacy, and Megaupload

David Canton — Wed, 20 Mar 2013 09:43:03 -0400

The ongoing Megaupload case is a controversial lightning rod case for issues on cloud storage, privacy and copyright. Megaupload basically ran a file storage and viewing service. The US Department of justice shut them down, seized assets, and launched criminal prosecutions alleging that it is an organization dedicated to copyright infringement.

Ben Schorr mentioned the case on Slaw recently, starting with the comment that "One thing has become clear in the last few months: Hollywood has declared war on the Internet."

Wikipedia summarizes the situation well, and points out that:

Techdirt argued that while the founder of Megaupload had a significant . . . [more]

Firebug, JQuery and Kludge

John N. Davis — Wed, 20 Mar 2013 07:00:05 -0400

Have you had a good look at what's been coming into your browser lately? I was moved to do so recently when Michael Geist posted (March 7, 2013), on his blog (michaelgeist.ca), "Forget Fair Dealing: National Post Seeks $150 To License Short Excerpts". The title pretty much tells the story. Prof. Geist was surprised to be asked for money when he used his mouse to highlight some text in the article by Chris Selley, "Full Pundit: You can't say that in Canada" (nationalpost.com). On March 12, 2013, Prof. Geist posted a followup, "National Post Appears to . . . [more]

Google Reader Woes

Shaunna Mireau — Tue, 19 Mar 2013 10:47:18 -0400

By now everyone who uses Google Reader has seen the news – this tool has been given its crash papers. TechCrunch's headline Good Riddance, Google Reader broke my heart, and judging by the comments, the hearts of others as well. Perhaps I have a secret aversion to change – wait a minute, no, I definitely don't.

Like many others, I moved to Google Reader in 2009 when Newsgator decided to discontinue its online application. Since then, my library team and I have used Reader to select and aggregate information from feeds in a number of areas for our practice groups. . . . [more]

CALL/ACBD's New Janine Miller Fellowship

Connie Crosby — Mon, 18 Mar 2013 11:56:55 -0400

Last week a new applications for this year's award for members of the Canadian Association of Law Libraries was announced: the Janine Miller Fellowship established by CanLII to provide funding each year for one CALL/ACBD member to attend the Law Via the Internet conference. I think this is a fabulous opportunity for Canadian legal information professionals to get more involved in the free access to law movement.

From the announcement:

Janine Miller was an integral part in the vision and development of the Canadian Legal Information Institute (CanLII) and served as Project Manager from its inception and later as its
. . . [more]

The Upgrade Train’s a-Comin’

Ben Schorr — Thu, 14 Mar 2013 12:00:15 -0400

There’s an unmistakable trend in software and it’s going to change how firms and users handle technology in the future. The trend is for far more frequent upgrades – often as part of a Cloud or subscription package — and the result is going to be a higher tempo of IT testing and user training.

Numbered are the days when you’ll sit comfortably on 8 year old software doing what you’ve always done. Coming are the days when your computer acts more like your mobile phone or tablet – with new software updates (including feature changes and additions) coming on . . . [more]

Google Glass – the Creepy Intrusive Privacy Perspective

David Canton — Wed, 13 Mar 2013 14:24:07 -0400

Google Glass is a cool concept. The thought of having a real-time augmented reality display brings interesting possibilities. In addition to possible courtroom use, take a look at 10 Compelling Ways People Plan To Use Google Glass, and 11 Kickass Ways Normal People Will Use Google Glass. Possibilities include surgery, education, gaming, and navigation.

One of the hurdles to adoption is the practical aspect of whether people will want to wear them. Especially those who have gone to great length and expense to not to have to wear glasses in the first place. And when having a . . . [more]

Launch of New Magazine: "Legal IT Today"

Simon Fodden — Mon, 11 Mar 2013 11:52:15 -0400

The Brits have launched a new quarterly magazine, "Legal IT Today." From the editor, Joanna Goodman:

Our community is everyone interested and involved in legal IT: CIOs, IT managers and decision makers, vendors who develop IT products and services for the legal sector, strategic and technical consultants, educators, authors, speakers and bloggers and of course the end users – lawyers, managers and business support professionals in law firms and other legal services providers. We will feature contributions from across these groups in every issue as well as collaborating with relevant publications worldwide.

Here's the table of contents for . . . [more]

Social Media Policy Template for Lawyers

Connie Crosby — Mon, 11 Mar 2013 11:19:04 -0400

I was doing some research into social media policy examples for a course, and came across Jaffe PR's Social Media Policy Template for Law Firms and Attorneys. It is available for use and adaptation by lawyers and firms. Last updated in November 2012, this template was first published in 2008 and has been updated a number of times over the years as social media has developed.

From the introduction:

At Jaffe PR, we have made our best effort to outline a comprehensive set of online policies and procedures for using social media effectively and responsibly. This is our fifth
. . . [more]

Legal Snapshots From the Internet of Things

John Gregory — Fri, 08 Mar 2013 07:00:17 -0500

Everybody knows that computers are everywhere. This is old news. It used to be that a mechanic could fix an errant brake light in my car for 15 minutes of labour and a 15-cent bulb. Now I need a computer diagnosis and the replacement of a sophisticated multi-function panel. Hmmm – $175.00. Progress!

What may still be news is the degree to which the computers are talking to each other – and if they can talk, then they can be overheard.

Let's start with cars. Richard and Cheryl Balough point out that the average car these days can run some . . . [more]

De-Constructing Legal Services

Mitch Kowalski — Thu, 07 Mar 2013 17:25:54 -0500

Last Fall, I read an article about the General Counsel for Kia who creates tests for his external legal counsel. The tests have nothing to do with law and everything to do with process. In one test, external counsel should have taken 20 minutes to complete a mundane task using an excel spreadsheet. The average time taken by Kia’s nine outside law firms? Five hours. Simon Fodden also has a great piece on this, here.

There are many takeaways from this, but an important one is that its shows that lawyers are not always the most efficient personnel . . . [more]

Social Media & Public Opinion

David Canton — Wed, 06 Mar 2013 07:30:36 -0500

Social media is often touted as an important influencer on public opinion and political causes. The Pew Research Centre just released an interesting survey called Twitter Reaction to Events Often at Odds with Overall Public Opinion.

From the report:

At times the Twitter conversation is more liberal than survey responses, while at other times it is more conservative. Often it is the overall negativity that stands out. Much of the difference may have to do with both the narrow sliver of the public represented on Twitter as well as who among that slice chose to take part in any . . . [more]

Kia's Outside Counsel Tech Audit

Simon Fodden — Tue, 05 Mar 2013 09:08:14 -0500

There's a series of three articles over on Law.com's Law Technology News that you might find interesting. D. Casey Flaherty, corporate counsel for Kia Motors America, came to the realization that the billable hour was often spent in . . . well, unnecessary ways. Particularly:

[T]echnological incompetence is endemic to the [legal] profession; and the quantity of resources wasted on busywork is shameful.

As a consequence he devised a test, an audit, of potential outside counsel for Kia, and has run it nine times. His articles (The Origin of the Outside Counsel Tech Audit, Kia Motors Tests Outside . . . [more]

E-Mail Pro Tip #3: Stay Productive While Offline

Jack Newton — Mon, 04 Mar 2013 10:50:52 -0500

Most months I spend at least a few days the air, traveling from Vancouver to one of the many destinations Clio's business brings me. Surprisingly, I find the time on the plane to be some of my most productive, as I'm without the myriad distractions of the office . . . [more]

Due to Suspicious Activity Evernote Has Implemented a Password Reset for All Users

Dan Pinnington — Sat, 02 Mar 2013 12:06:08 -0500

All Evernote users should immediately change their passwords. The following text appeared in a post on the Evernote blog this morning (March 2, 1013) and is also being sent to all Evernote users as an email communication:

Evernote’s Operations & Security team has discovered and blocked suspicious activity on the Evernote network that appears to have been a coordinated attempt to access secure areas of the Evernote Service.

As a precaution to protect your data, we have decided to implement a password reset. Please read below for details and instructions.

In our security investigation, we have found no evidence that . . . [more]

2013 Law via the Internet Conference on Island of Jersey

Michel-Adrien Sheppard — Thu, 28 Feb 2013 16:47:27 -0500

The 2013 Law Via the Internet conference will take place in late September 2013 on Jersey, one of the Channel Islands (I admit, I had to look it up on a map).

The conference brings together people from the Legal Information Institutes (LIIs) from different countries and continents that together form the Free Access to Law Movement.

The conference "tracks" will be:

E-Learning: distance, blended, open, mobile, gaming, MOOCing and more?
Online legal information – starting from scratch
Legal knowledge in the age of the semantic web
Communicating our work: journals, blogs and other ways of publishing about open access

[more]

Self-Preservation

David Whelan — Thu, 28 Feb 2013 12:00:46 -0500

We leave a trail of footprints across the Web that can seem ephemeral. Content on law firm Web sites changes, status updates to LinkedIn or Twitter fade, with new content taking the place of the old. In some cases, it’s out-of-sight-out-of-mind but it continues to live on. Twitter resells access to old posts through its Firehose, Web sites can be archived by services like the Internet Archive. That may not be the best way to keep track of your online activity. You can create a personal archive and preserve your own online footprints.

A personal archive can have a . . . [more]

Mobile World Congress Under Way – Phablet Anyone?

David Canton — Wed, 27 Feb 2013 09:58:22 -0500

The wireless industry has a trade show this time each year in Barcelona. Cellphone manufacturers announce their newest tech at the show.

Phablets are a big trend. Several are included in this CNET slideshow of phones that were introduced. Phablets are smartphones with screens between 5 and 7 inches that are half way between a phone and tablet. So think of them as either smartphones with huge screens – or small tablets that can make phone calls.

Many people ridicule phablets by saying that you would look stupid holding it up to your ear to make a phone call. But the reality . . . [more]

Inserting Object Links

Shaunna Mireau — Tue, 26 Feb 2013 11:43:23 -0500

The methods for producing the results of research have been on the top of my to-do list. Perhaps my knowledge management hat is shading my outlook. I believe that an efficient, sustainable and reusable work product is a very important aspect of legal research.

My staff and I create memos to document our research output – not memos analyzing legal issues as that is a lawyer task, memos that contain a report of what information we find, how we found it, and often permanent links to that information. One problem that has evaded solution is the ability to link to . . . [more]

Yahoo Calls in Its Telecommuters

Geneviève Lay — Tue, 26 Feb 2013 09:12:58 -0500

Yahoo has decided that as of June of this year, workers who had been previously telecommuting will have to report to the office for work, as discussed on many news sites. The type of collaboration, communication and creative energy that can only be achieved face-to-face seems to be a driving factor.

It is no surprise that employees directly affected by this new policy are unhappy. In fact, employees are not the only ones reacting to this; the internet is buzzing with criticism over this decision.

Telecommuting is considered one of the more flexible ways employers deal with an increasing diverse workforce whose . . . [more]

Pencil Putsches

Simon Lewis — Fri, 22 Feb 2013 07:00:21 -0500

A good lawyer, with knowledge of how and when to use the right tools, has a competitive advantage. Those tools might be varied, and are not limited to IT.

Jordan Furlong’s article “The Law of the Pencil – Innovation and Client Service in the New Millennium”, mentions the urban myth of NASA spending millions on a “space pen”, while the Soviets used a pencil. Law firms (and others) have also been known to blow millions on IT that could have been spent more wisely.

The humble pencil might be far superior to alternatives in certain circumstances, ie to . . . [more]

Five Ways to Send a Better Email Message

Catherine Sanders Reach — Thu, 14 Feb 2013 07:00:33 -0500

We all know that person who constantly sends emails that lack a subject line. Or who sends rambling, lengthy emails that don’t seem to have a point. And there are those who send emails with open ended questions that require a game of email ping pong. You would never do any of those things – would you?

Sending a clear, concise and actionable email is the best way to get a proper response. Here are five ways to make sure your recipients open, read, and respond to your messages.

1.) Make the Subject Count

In Barbara Mento’s book Pyramid Principle . . . [more]

Through a Glass, Darkly: The Future of Court Technology

Sharon D. Nelson and John W. Simek — Tue, 29 Jan 2013 07:00:19 -0500

At the behest of our good friend, D.C. Superior Court Judge Herbert Dixon, we noodled a bit on the future of courtroom technology for an article Judge Dixon is writing. Having brainstormed the topic, we thought it might be fun to take some of our random thoughts and make them marginally coherent.

At the outset, it is clear that there will be disruptive technologies that no one will anticipate. Having covered our collective posterior on that score, some things seem relatively certain. As courts strive to accommodate the needs of citizens, it is likely that we will one day see . . . [more]

Government Control of the Internet

John Gregory — Wed, 16 Jan 2013 07:00:22 -0500

The Internet was invented by a state agency (the Defense Advanced Research Projects Agency, known as DARPA) for military reasons. By design its communications divided into nodes that were intended to be self-sustaining rather than dependent on central control. The Internet initially spread outside the military through academic communities used to free speech. Its explosive growth was based on readily understood free browsers on the World Wide Web – browsers largely supplied by the private sector, whether for profit (Microsoft, Apple) or not for profit (Mozilla Foundation).

The wild west

As a result, it seemed reasonable, not to say . . . [more]

Capture and Show With Your Tablet

David Whelan — Wed, 09 Jan 2013 07:00:42 -0500

Tablets are becoming a commonly discussed, if not applied, technology in law practice. 33% of respondents to the American Bar Association's 2012 Legal Technology Survey used tablets for work. Or, rather, they used them but not particularly with specific legal technology. The most common uses were Internet, e-mail, calendars, and contacts. In short, lawyers are using tablets similarly to how they might use their smartphones.

This data interested me because my own brief experience with a tablet was pretty much the same. Like the majority of survey respondents, my Android-powered tablet is personal and not supplied by my work. 91% . . . [more]

Interop Interapps

Simon Lewis — Fri, 28 Dec 2012 07:00:48 -0500

While putting together the Sinch Online Legal Services Conference (SOLSC) for March 2013, it was obvious that the potential speakers had grown dramatically over the last year or so. However, legal IT consultant Ron Friedmann commented in June 2012 that there has been less than expected online legal service activity since the previous update of his list of online legal services. He said:

About one-half of the firms that offered online services in 2006 no longer do. About an equal number of firms, however, have since created online services.

A reason we have different views of activity may be that . . . [more]

Scalable Vector Graphics

John N. Davis — Tue, 11 Dec 2012 07:00:32 -0500

This is about how and when to use SVG (Scalable Vector Graphics). The graphics part of SVG is easiest to explain. SVG is a format for images, like JPEG, PNG, or TIFF. The SVG difference is that, instead of capturing the image with a camera or scanner, you define it with words.

This is where the word "vector" comes in. A vector consists of a distance and a direction. The simplest example of a vector is probably "from point A to point B." Real estate lawyers will relate vectors to metes and bounds descriptions in surveys, e.g. "Commencing at the . . . [more]

SimplyFile for MS Outlook

Catherine Sanders Reach — Mon, 03 Dec 2012 07:00:05 -0500

There are many MS Outlook add-ons that mimic functionality that is already built into the application. Though Techhit’s SimplyFile http://www.techhit.com/SimplyFile/ would seem to fall into that category since MS Outlook has a strong rules function and has added the “Move” group in the Home tab, it is actually amazingly useful despite some overlap. SimplyFile is an “intelligent filing assistant for Microsoft Outlook” and costs $50US. So, is it worth it?

Files, folders and rules are the boon and curse of the MS Outlook organizational structure. Why? Lawyers use folders and subfolders to keep client and matter correspondence filtered from the . . . [more]

The South Carolina Data Breach and the Failure to Encrypt

Sharon D. Nelson and John W. Simek — Thu, 22 Nov 2012 07:00:11 -0500

It is nothing short of astonishing that more than 75% of South Carolina’s residents had their social security, credit card numbers and other personally identifiable information breached. News of the breach came in October, though it actually began in August. Who uncovered the breach? Usually it is the FBI, but this time it was the Secret Service that notified S.C. on October 10th.

How did the breach happen? Someone, as yet unknown, stole legitimate credentials from one of the 250 state employees with access to the South Carolina Department of Revenue (DOR) database.

Why was the attack so easy? Because . . . [more]

IT Partners

Simon Lewis — Fri, 16 Nov 2012 07:00:47 -0500

The law and the legal profession are moving towards greater systemisation much more rapidly and dramatically, than most realise. Professor Richard Susskind has said that the traditional law firm pyramid “has got to break up” and that law firms essentially have two branches: the specialist division and the process division.

Interesting examples of this change that is afoot, can be found in The UK Financial Times Innovative Lawyers 2012 Report. It highlights the fact that non-traditional approaches to providing legal services are gaining momentum.

Having innovative clients would have helped those interesting projects get off the ground. Similiarly, it . . . [more]

Crowdsourced Online Dispute Resolution

John Gregory — Mon, 05 Nov 2012 07:00:16 -0500

The online world has been greatly affected by the rise of social media, whose principal characteristic is interactivity among the users of a particular service or communication channel. The possibility of not just one-to-many but also many-to-one and many-to-many communications have put focus on 'the crowd' – a potentially almost infinite number of Internet users who may participate in a conversation in a number of roles.

This has led to the emergence of the term 'crowdsourcing', meaning an express solicitation of Internet users generally to contribute to solving a problem. No doubt the popularity of the term has . . . [more]

Bonfire of Insanities

Ben Schorr — Thu, 01 Nov 2012 12:00:32 -0400

I’m not sure when it happened but at some point people just lost their minds. Even otherwise rational people are behaving like sugar-loaded children on Christmas morning; running around in circles screaming for no apparent reason.

I’m speaking, of course, of the mobile device market.

A snappily dressed fellow goes on a stage and says the words “iPhone” or “Surface” and next thing you know thousands of people are lining up to pay hundreds of dollars for one without the slightest idea of what it really IS. In the consumer world this has become commonplace but what’s startling is how . . . [more]

Add a VPN to Your Mobile Lawyer Toolkit

David Whelan — Thu, 25 Oct 2012 07:00:02 -0400

Mobile devices provide lawyers with increased opportunities to unwittingly share confidential or private client information. One of the more common scenarios is when a lawyer or law firm staff has left the office and is using a wireless network connection. It is common to focus our hand-wringing on coffee shop wireless networks, but a home network or one in an airport, public library, courthouse, or opposing counsel’s office poses the same issues.

You can secure your activity outside the office by using a virtual private network (VPN) to encrypt your activity. If your practice is entirely cloud-based, working through an . . . [more]

Five Steps for Extra Security

Catherine Sanders Reach — Fri, 05 Oct 2012 07:00:43 -0400

Most lawyers and law firms know what they should be doing to maintain a secure computing environment in order to comply with ethics rules regarding confidentiality, as well as data breach notification laws. This list includes maintaining firewalls and up-to-date anti-virus and anti-malware, maintaining vigilance when opening attachments and surfing the Internet, using strong and different passwords for each important login, scrutinizing the security protocols of cloud providers, maintaining adequate backup files, and keeping operating systems patched. However, there are still reports almost daily of companies – and even law firms – experience breaches. What else can be done to . . . [more]

Book Review: Secrets of Lawyer Video Marketing

Sharon D. Nelson and John W. Simek — Mon, 01 Oct 2012 07:00:56 -0400

We’ve been seeing a lot Gerry Oginski lately. He is a practicing lawyer but is also a frequent lecturer on lawyer videos and he has recently written Secrets of Lawyer Video Marketing in the Age of YouTube. We were curious to read the book because we know something about videos and have our own Sensei YouTube channel with dozens of videos.

Clearly, anyone who is a video novice would benefit from reading Gerry’s book, but we found things in his book that we didn’t know. If you are a lawyer who has not yet embarked on lawyer videos, you . . . [more]

Windows 8 – Is It for You?

Ben Schorr — Mon, 17 Sep 2012 07:00:31 -0400

This week Microsoft shipped the RTM (Release to Manufacturing) build of Windows 8, the next version of their flagship operating system. This is the build that Microsoft is sending off to have burned onto DVDs and installed into new computers. In about 60 days you’ll be able to walk into your favorite electronics store and buy a box with Windows 8 in it.

Like a good technologist I promptly got my copy from MSDN (the Microsoft Developers Network) and set about installing it on my desktop to give it a good workout. In the interests of full disclosure I should . . . [more]

Drop the Hard Drive, Take the Laptop

David Whelan — Wed, 12 Sep 2012 07:00:29 -0400

Lawyers who work on international matters may face the challenge of taking their client information across borders. In fact, any lawyer using a laptop may find herself balancing productivity with the risk of unintentional access to client data while on the road. One way to avoid this is to use a clean laptop. The concept has been mentioned on Slaw before (see here and here, for example) but how do you create a clean laptop?

One method that is mentioned is to use a second laptop, one that is installed (or re-imaged) with a clean operating system on . . . [more]

TICK, TICK, TICK

Simon Lewis — Fri, 07 Sep 2012 07:00:20 -0400

Is that the sound of your life being eaten away by the trojan called work, infiltrating our personal time via portable devices? Or is it the sound of forgotten files? Hopefully, it is you conveniently dealing with work on your terms.

Lawyers have had a long list of tools to help with getting things done. One of the first was the ToDo button, the brainchild of Peter Hart of Legalware with his Project Modeler in 1986. Inspired by this, it became the trade marked Do button in another Practice Management System (PMS).

Now there is no shortage of ToDo tools . . . [more]

Admissibility of Social Media Evidence: A Case Study

John Gregory — Wed, 22 Aug 2012 07:00:45 -0400

In the Internet age, people still have the same interests and passions as they had before electronic communications became pervasive, but they have different methods of expressing them. It may be a challenge to apply traditional rules of law to those methods. This note reviews one example of such a challenge, with respect to the use of evidence from Facebook and the reliance on Wikipedia to inform the tribunal of relevant facts.

In Landry c. Provigo Québec Inc (Maxi & Cie), 2011 QCCLP 1802 (CanLII), Madame Landry complained about harassment at her workplace at Provigo, the Quebec grocery chain. . . . [more]

Expose Yourself

Catherine Sanders Reach — Fri, 17 Aug 2012 07:00:46 -0400

For a variety of reasons, some law firm websites may not have reached the top slot in Google, Bing, or Ask. There is competition for keywords, and the search engines change their algorithms frequently. Without having a team of folks tweaking the site, there will likely be some ebbs and flows in visibility in search results. However, there are a number of ways to boost visibility on the web so that whether someone finds the firm or attorney through social media, a directory, the website, or a professional nameplate site, you can get the message out about the firm’s professionals . . . [more]

The Future of Broadcasting

John N. Davis — Tue, 07 Aug 2012 07:00:47 -0400

Out of touch in Hawaii

It was late October, 1992, and I was in Honolulu. I had been fortunate enough that year to have had the means to attend the annual meeting of Westpac, the western Pacific chapter of the American Association of Law Libraries. And so, on Saturday, October 24, I was at one of the social events of the conference, a luau, when I heard the news that the Toronto Blue Jays had won the World Series. It was easy to get that news, because several of the attendees had brought radios with them to the . . . [more]

Securely Deleting Data From Mobile Devices

Sharon D. Nelson and John W. Simek — Mon, 30 Jul 2012 07:00:42 -0400

Why do we care about deleting data from mobile devices? Usually, we are trying to get back data that we inadvertently deleted. It could be that we “fat fingered” an e-mail or text message or blew away a photo that we really wanted to use as a background image. But what about when we are upgrading our smartphones, iPads or other mobile devices? Do you really know what confidential or personal information resides within the memory of your prized possession? As lawyers, we have an ethical obligation to protect the information of our clients. This means that we better be . . . [more]

The Myth of Non-Repudiation

John Gregory — Mon, 16 Jul 2012 07:00:05 -0400

The story of the commercial, professional and administrative uses of electronic communication is a search for trust. Who are we dealing with? How do we know? How certain can we be – or do we need to be? I have reviewed the basics in my column on Authentication and Trust .

Trusted technology

Sometimes the search focuses on the technology that purports to offer trust. This can be described in terms of a specific technology, such as dual-key encryption in the framework of a public key infrastructure (PKI ), for example. At other times the focus attempts to be . . . [more]

Another Apps Article?

Ben Schorr — Mon, 09 Jul 2012 12:00:36 -0400

Since I seem to be the only tech author who hasn’t yet shared his list of “must-have” SmartPhone apps for the lawyer on the go, I thought maybe I’d go ahead and give you mine. Of course, you’ve seen these plenty of times so I’ll try to focus on the ones that might be a little less obvious. You’ve been told a million times about QuickOffice, Evernote and Instagram (and if not, you might want to check those out too).

The apps I’m going to talk about are for Android, but unless I note otherwise there is also a version . . . [more]

Cloud Nein?

Simon Lewis — Thu, 05 Jul 2012 07:00:50 -0400

Cloud-based Practice Management Systems (PMS) roll on as an increasingly alluring option for law firms. Packages such as CLIO and Rocket Matter have attracted serious investment this year, while adding features standard in their more mature desktop rivals, such as document merge. Other PMS available in the marketplace are also surprisingly powerful. ActionStep, for example, started life as a workflow engine, but has grown into a full-feature PMS.

For those in smaller firms who are reluctant to let “strangers” manage their server, I remind them that I would certainly prefer to occasionally lose access to my data, than to . . . [more]

How to Auto-Archive Client E-Mail in the Cloud

David Whelan — Wed, 20 Jun 2012 07:00:45 -0400

A perennial challenge for lawyers is managing client communication. E-mail remains a cornerstone of lawyer interaction with clients and colleagues but it requires constant tending. You can use cloud-based tools to help you to automate some of your e-mail management. When a new e-mail hits your inbox, slap a label on it and archive a copy of the e-mail to your online file storage service.

One way this is possible is with a service that has already been mentioned on Slaw called If That Then This (IFTTT). In the Year of Coding, it seems a fitting name for a . . . [more]

Mine Your Own Business

Catherine Sanders Reach — Thu, 14 Jun 2012 07:00:43 -0400

An almost overwhelming amount of information is generated and stored in disparate places in our digital world. Email, documents, tweets, posts, status updates, reports, and other data flow through our computers, tablets and smartphones. Cataloging and retrieving this information is a challenge. Fortunately there are a variety of tools that make simultaneously searching through these data mines a little easier.

At Your Command

Operating system search tools, including MS Window 7 and Apple’s OS X Lion Spotlight, allow users to search files and emails locally and on external drives. They both can also be extended to search Web sources, . . . [more]

Technology, Magic and Bill C-11

John N. Davis — Thu, 07 Jun 2012 07:00:02 -0400

It was just about 50 years ago that Arthur C. Clarke wrote Profiles of the future: an inquiry into the limits of the possible (New York: Harper & Row, 1962) [Amicus No. 10912514]. On page 19, he wrote:

Suppose you went to any scientist up to the late nineteenth century and told him: "Here are two pieces of a substance called uranium 235. If you hold them apart, nothing will happen. But if you bring them together suddenly, you will liberate as much energy as you could obtain from burning ten thousand tons of coal." No matter how
. . . [more]

Text Message Preservation

Sharon D. Nelson and John W. Simek — Thu, 24 May 2012 07:00:07 -0400

(Also by Jesse M. Lindmar)

With an average of 193.1 billion text messages sent every month in the United States, the importance and use of text messages in litigation is ever-increasing. As a consequence, the importance of text message preservation for e-discovery is also growing. Understanding how text messages can be preserved and the pitfalls to avoid is essential. While we recommend engaging the services of a digital forensics service provider who is familiar with the complexities of mobile phone forensics, there are certain situations in which the end-user can at least create a preserved, forensically sound copy that a . . . [more]

Tablets Tablets Everywhere

Ben Schorr — Thu, 17 May 2012 07:00:20 -0400

One thing that became obvious at ABA TECHSHOW in Chicago this year was that lawyers are embracing tablet devices like the iPad in great numbers. Some people claimed that iPads even outnumbered laptops at the event. I’m not sure if that claim would have stood up to a head count but it was certainly plausible. The little tablets were everywhere.

So, fine, if you’re thinking about bringing a tablet device into your practice I have some advice for you.

Connectivity

There’s no getting around it – most tablet devices are barely useful without some kind of Internet connectivity. You can’t . . . [more]

Smartphones

David Whelan — Fri, 11 May 2012 07:00:55 -0400

Any Smartphone in a Storm

There is no perfect smartphone for lawyers. In fact, the most important part of the smart phone is probably the phone part, since it enables you to keep in contact with your clients, your office, and other parts of your life. Once you've established that baseline – your phone is a phone – then it becomes a matter of very personal choices. It's not about who has market share, it's all about you. This has always been true for solos and smaller firms, but choice is even emerging at larger law firms. Most of . . . [more]

Past Lessons on Legal Project Management?

Simon Lewis — Thu, 03 May 2012 07:00:25 -0400

Legal Project Management (LPM) has received a major boost downunder with the leading Australian/Asian firm King & Wood Mallesons (KWM) launching a program with the assistance of Edge International. Tony O'Malley, Managing Partner Australia, King & Wood Mallesons and Pam Woldow, Edge International give a convincing 5 minute audio explanation of why it is such a good idea.

If it is true as Shaun Plant says in The New Holy Grail of Legal Practice that “much of the practice of law is not about technical legal detail, but managing projects”, and, as Tony O’Malley has said that “Clients have been . . . [more]

Online Dispute Resolution – an Update

John Gregory — Tue, 24 Apr 2012 07:00:34 -0400

Attentive readers of this blog know that the United Nations Commission on International Trade Law (UNCITRAL) has a working group actively considering online dispute resolution (ODR). The working group has met three times and meets again at the end of May. Slaw.ca has had progress reports from time to time, notably here a year ago, and more recently here . It is time for another. I expect that the Canadian delegation, and possibly others, would be interested in your views on the texts that the working group will have before it in May. Comments on this article will come to . . . [more]

Privacy Please!

Catherine Sanders Reach — Tue, 03 Apr 2012 07:00:55 -0400

This column is already dated. Why? Because privacy – or the lack thereof – is daily news. Facebook just announced their privacy policy would be called a “data use policy”. Before that it was Google’s announcement that they would be combining all the data collected by their individual web properties (YouTube, Gmail, Blogger, Google, etc.) about you into one single place, covered by one single “privacy” policy. Security has always been in opposition with ease of use. The conflict between wanting the convenience and interaction of the free web and trading privacy for the privilege is . . . [more]

What’s Hot in E-Discovery?

Sharon D. Nelson and John W. Simek — Wed, 21 Mar 2012 07:00:19 -0400

Machine-Assisted Review

Let’s start with a very hot if not very sexy topic. You may have heard of new technology called predictive coding or technology-assisted review. Recently, we’ve seen the phrase “machine-assisted” review a lot. They are all the same thing. A rose is a rose is a rose, but we have not yet settled on a name for this nascent technology.

The way most lawyers engage in traditional keyword searches is, as others have suggested, the equivalent of “Go Fish.” The requesting lawyer makes his best guess about which keywords might produce relevant evidence without having much knowledge of . . . [more]

The Sirianny of Distance

Simon Lewis — Thu, 15 Mar 2012 07:00:30 -0400

I was relating to a BigLaw colleague how I had recently spent a weekend at a CLE event in rural Australia where it was a 53 year tradition. Again I learnt a lot from my audience some of whom had probably attended each year.

A striking fact was that 85% of the 134 attendees were male. This was to be contrasted with a colleagues recent experience where her legal team and their client met with the other side. It was an all female event. She suggested that the reason there are so few female practising lawyers outside large cities was . . . [more]

The Myth of Due Diligence

David Whelan — Wed, 07 Mar 2012 07:00:59 -0500

Lawyers have not adequately met the vague notion of due diligence when it comes to legal technology, probably because they are unable to. This realization hit me at a CLE seminar when one of the panelists – perhaps me – made the comment that, if lawyers want to use cloud computing, they should perform due diligence about the company they were going to use. The lawyer’s response was, “how do I do that?”

Due diligence is way of showing one has acted reasonably. When it comes to technology, it’s an assessment of all of the variables that impact the . . . [more]

The Digital Consequences of Death (Or Disability)

John Gregory — Fri, 24 Feb 2012 12:00:17 -0500

No one lives in cyberspace, they say. A lot of people spend a lot of time visiting, though. They leave a lot of traces there, and they interact with the non-cyberspace (some prefer the term 'real') world from there. The border is more porous than most national borders, these days.

What happens when people with a presence in cyberspace (really) die? Does the presence continue indefinitely, but unrefreshed? What do their survivors do about their activities in cyberspace? How do they deal with online assets, or even discover real-world assets that may be locatable only online? How do estate . . . [more]

Cloud Storage in the Age of SOPA and Megaupload

Ben Schorr — Tue, 21 Feb 2012 07:00:50 -0500

One thing has become clear in the last few months: Hollywood has declared war on the Internet. Rupert Murdoch and his colleagues, not content with grossing billions of dollars on their blockbuster movies have decided to spent some of those billions to lobby congress to try and get legislation passed that would give them the ability to more quickly (and with minimal due process) shut down file sharing sites that they think are hosting pirated content. Of course, Mr. Murdoch has demonstrated that he has a fairly fuzzy understanding of how links and such work so if it’s up to . . . [more]

The Social Media Ecosystem

Catherine Sanders Reach — Wed, 08 Feb 2012 07:00:01 -0500

Social Media – networking and sharing of breaking news, gossip, pictures, videos, music, and just about everything else – has become a part of daily life for many people. Social media sites house this information about you, your firm, your clients and their businesses. Even if you don’t actively participate in social media, the information can be vital in fact gathering and monitoring. Let’s look at some of the available tools to make that happen.

Social Media Search

For researching what people are doing, saying, and revealing about themselves, searching social media sites is imperative. Blogs, YouTube, Twitter, Facebook, LinkedIn, . . . [more]

Have Attorneys Read the iCloud Terms and Conditions?

Sharon D. Nelson and John W. Simek — Mon, 30 Jan 2012 07:00:24 -0500

There are some very interesting items in the T&C (Terms & Conditions) that most people never read. The tendency is to click, click, click just to get to the end quickly. The T&C for iCloud is around 12-13 pages long, depending on the device used to view it. So let’s dive right into some of the “features” presented in the T&C and what they may mean.

First, you are required to have a compatible device, duh? It also states that “…certain software (fees may apply)…” whatever that means. There are a lot of words about the location-based services and what . . . [more]