Snow

scrawford@scrawford.net (Susan Crawford) — Tue, 09 Feb 2010 00:30:06 GMT

I’m worried about the people in DC fighting over fresh vegetables and empty shelves as another 10-20 inches of snow arrives. And I received an alarming email yesterday from someone on the Eastern Shore, saying there was no power, no hope of being dug out any time soon, and an elderly neighbor who couldn’t cope [...]

The Facebook creation of a 2000-person-strong snowball fight in Dupont Circle is a good moment for social networks. It’s hard not to love #snowpocalypse and #snowmageddon. I remember “snow-lympics” that my generation held in DC, but we probably arranged that by plodding one-off phone calls. (I also remember the managing partner of my law firm dispairingly saying after that week-long closure: “What happened to all those hours? Did the clients just not need the work?”) My favorite new tag is #snoverkill.

Meanwhile, in Ann Arbor, nothing. Not that I’m complaining.

FCC Okays More Body Scanners

Mon, 08 Feb 2010 19:24:39 GMT

Action adds more time, more quantities to 2006 waiver

Just two weeks after affirming a 2006 waiver for body-scanning security devices, the FCC has now extended that waiver by another year and upped the allowable sales by another 200 units.

The action coincides with news reports that the Transportation Safety Administration is increasing the numbers of body scanners at U.S. airports in response to security threats, including an individual who allegedly smuggled explosives aboard a U.S. aircraft in his clothing last Christmas.

Read the FCC’s order here.

lennyesq

Mon, 08 Feb 2010 17:10:24 GMT

McCabe v. Dutchess County (full text from NYLJ) In Holodook v. Spencer (36 NY2d 35), the Court of Appeals held that a child does not have a legally cognizable claim for damages against his parent for negligent supervision. One question presented to us in this appeal is whether a child may assert such a claim against his [...]

McCabe v. Dutchess County (full text from NYLJ)

In Holodook v. Spencer (36 NY2d 35), the Court of Appeals held that a child does not have a legally cognizable claim for damages against his parent for negligent supervision. One question presented to us in this appeal is whether a child may assert such a claim against his foster parent. We answer this question in the negative.

The Future of E-books and Law School

socialmedialawstudents@gmail.com (Rex Gradeless) — Mon, 08 Feb 2010 16:51:24 GMT

A throw down between the traditional casebook and the e-book on portability and usability. Related posts:

Books are very important to law students. I still remember going into the bookstore before the first day of law school and purchasing my first set of law books. I treated them like golden treasures. As I learned more about how to read cases, I started tabbing important sections. I carried these books everywhere and in the process I just about broke my back.

With the introduction of the Kindle, the Nook, and the new Apple iPad, it seems that many technology manufacturers envision a world where e-books will replace the traditional printed media. I happen to be very conflicted about the two, and I see a place where both forms of media are side by side and work together in concert.

So here goes my personal law school textbook showdown: e-books v. print

In the right corner, weighing in at 42 lbs (I really did weigh my backpack once. It was 42 lbs. That’s quite a bit.) with thousands of physical pages and a long, winning history . . . theeeee printed CASEBOOOK!!!

In the left corner, weighing in at under a pound, taking up the space of a paperback, new to the arena is the KinPadooK (my e-book reader hybrid).

Round 1. Portability

Well, we all know who wins this match-up. I can’t tell you how valuable it would have been to have all of my casebooks tucked away in my handbag in a tiny space. The sheer weight issue is unbelievable. Instead of having to schlep the books from my house, to my car, to my law school locker, to class and then to the library every day I would carry my laptop and my e-book reader. That’s it.

Round 2. Usability

I have to say that I see the casebook winning here. I found the physical interaction with my casebooks to be really helpful to the learning process. I tabbed, highlighted, and wrote in the margins. Those things really helped me to absorb the material. My casebooks never ran out of battery and it was pretty difficult to lose them. If I dropped them, my toes might hurt but I could still use them. I never worried about my casebooks crashing (unless it was them crashing down on top of me and no one finding me for weeks in a corner of the library but that’s a nightmare for another day).

Some reviewers complain about the UI (user interface) of various e-books and how it can be difficult to flip through them or find a specific passage. Others are worried about the glossy display of the iPad and how it might feel on the eyes after hours of reading. I would be concerned because of how popular open casebook exams are in law school and how e-books would work into that equation. Further, there can be a big concern about taking notes and highlighting. The e-books allow for highlighting and taking notes on passages, but it can be painful to browse them, especially if you are under Socratic gunfire from a professor at the time.

Round 3. The Championship

Clearly, there’s no real winner here. It seems the future of e-books in the area of law school casebooks is as a supplement to the traditional textbook. In an ideal world, I image buying my casebook from the bookstore and then going onto West or Lexis and buying the e-book supplement. However, the supplement would be more than just updated cases, it would also contain the entire text and more up to date commentary. Am I dreaming? Yes.

There is no way this is going to happen soon and it would be incredibly cost-prohibitive but hey, a girl can dream.

Oracle Files Suit Against Low Cost Maintenance Provider Rimini Street

Mon, 08 Feb 2010 16:43:51 GMT

A short 11 months ago on March 15, 2009 I posted an article in this Blog entitled Oracle Maintenance Fees Under Attack. At the time we, as a nation, were (and arguably still are) in the worst recession since the Great Depression on the 1930’s. The installed customer base of many of the large ERP vendors, as well as, prospective customers were all searching for a way to cut costs. The larger ERP vendors, in particular Oracle, soon to be followed by SAP, had raised their annual maintenance fees to 22%. One solution highlighted in the March ’09 posting was to take advantage of the services being offered through the third party maintenance provider, Rimini Street. Claims of 70% savings on an overall maintenance bill and 50% savings on the annual maintenance expense were being made by Rimini Street’s CEO, Seth Ravin, see May 8, 2008 posting this Blog entitled SAP Sapphire 2008.

Now here’s where it gets a bit convoluted. Seth Ravin is co-founder of a company called TomorrowNow. TomorrowNow touted its ability as a third party maintenance provider and the savings it could provide to the Oracle installed base. SAP purchased TomorrowNow in January 2005 and Ravin used those profits to start Rimini Street in September of that same year. It is of particular interest and can shed some light on the attitudes and approaches of those involved in this mix if you read Richard Adhikari’s article entitled Rimini Street Adds SAP, Passes on TomorrowNow cited in my May ’08 Blog posting. In particular pay close attention to the following subsection entitled Who needs TomorrowNow? Here is a brief snip-it:

“While Rimini Street is gearing up to add new support offerings to the mix, one way it's not planning to expand its business is through acquiring TomorrowNow.

Rimini Street had at one time been widely viewed as a likely purchaser of the firm, a provider of third-party support for Oracle applications that had been co-founded by Ravin. He ultimately sold the firm to SAP in 2005.

Rimini Street executives shrugged off their decision.

‘We don't have to buy TomorrowNow because we're getting all their customers already and there's no sense in paying for it,’ Ravin said.”

Then in 2007 Oracle sues SAP, claiming that its new business unit TomorrowNow illegally obtained Oracle copyrighted maintenance materials by using customer log-in ID’s on its password protected web-site.

This all brings us to the latest in this soap-opera which comes to us from Reuters via Internetnews.com’s article entitled Oracle Sues Rimini Street:

Oracle has filed a suit against a little known rival that provides low-cost software maintenance services, in a case similar to one that Oracle is fighting against rival SAP AG.

The lawsuit, filed in U.S. district court in Nevada on Monday, alleges that privately held Rimini Street stole copyrighted material using the online access codes of Oracle (NASDAQ: ORCL) customers.

Rimini Street Chief Executive Seth Ravin denied the allegations, saying in an interview on Thursday that his company had done nothing wrong.

"We are going to fight this battle," he said. "The specific allegations we are going to be answering vigorously and aggressively when the time comes in court."

Las Vegas-based Rimini Street sells updates and bug-fixes to Oracle's software for about half of what Oracle charges its customers. Ravin said his company booked about $150 million in business last year.

The charges are similar to claims that Oracle made in a high-profile lawsuit against SAP's TomorrowNow business unit.

That case is due to go to trial in San Francisco federal court in November.

Maintenance service contracts worth billions

Maintenance services are one of Oracle's core profit generators. That business generated $11.8 billion in its most recent fiscal year, or about half Oracle's total revenue.

"We are committed to enforcing our intellectual property rights against those who steal or infringe" upon them, Oracle spokeswoman Deborah Hellinger said in a statement.

For additional information and more on this saga see also Paul McDougall’s article in InformationWeek entitled Oracle Sues Rimini Street For 'Massive Theft'

Online tracking under scrutiny

dcanton@harrisonpensa.com (David Canton) — Mon, 08 Feb 2010 12:42:21 GMT

For the London Free Press – February 8, 2010 Read this on Canoe Canadians are invited to submit comments Canada’s Privacy Commissioner, Jennifer Stoddart, recently announced a new consultation with the Canadian public on privacy issues related to the online tracking, profiling and targeting of consumers by marketers and other businesses. Canadians are invited to submit comments and participate [...]

For the London Free Press – February 8, 2010

Read this on Canoe

Canadians are invited to submit comments

Canada’s Privacy Commissioner, Jennifer Stoddart, recently announced a new consultation with the Canadian public on privacy issues related to the online tracking, profiling and targeting of consumers by marketers and other businesses.

Canadians are invited to submit comments and participate in panel discussions. Details are on the Privacy Commissioner’s website at http://www.priv.gc.ca/.

The commissioner says this consultation will “provide a forum for the exploration of the privacy implications related to this modern industry practice, and the protections that Canadians expect. Our goal, therefore, is to shine a spotlight on this evolving technological trend.”

Online consumer tracking takes several different forms. The most basic level of tracking places cookies on one’s computer to collect data about browsing habits. Global Positioning Systems (GPS) in mobile devices can supply consumer data. Deep packet inspection of Internet traffic is another way to gather data.

Of course, we advertise a vast amount of personal information about ourselves when we join social networking sites. Facebook, MySpace and LinkedIn are prime examples.

What many may not realize is that personal data available about anyone can be gathered from various sources and pieced together to create comprehensive personal profiles which are available for a price. The buyer may use the information to help them market their products to specific consumer groups. It can be a valuable commodity.

It is unlikely that anyone will put a complete stop to online consumer tracking. Some of it offers real benefits to consumers. The key is to attain a balance where privacy is respected without getting in the way of the advantages the technology provides.

Transparency and choice are important components. We should be made aware of what is being collected and why, and be able to choose whether or not the benefits are worth the disclosure.

This consultation is an opportunity for the public to become engaged in a topic that affects us all. Written submissions are being accepted until March 15.

They are also looking for people to take part in formal discussion panels in Toronto in April, and in Montreal in May.

This consultation aims to give the commissioner’s office a “comprehensive view of the privacy risks associated with the online tracking, profiling and targeting of consumers, and contribute to the development of new public education and outreach materials,” it says.

“It will also help shape the office’s input into the next parliamentary review of the private-sector Personal Information Protection and Electronic Documents Act.”

A second consultation will be held later focused on cloud computing, or using software from a remote location rather than having it on your own computer. It, too, is a technology that has compelling advant-ages, but can carry privacy risks and uncertainties.

Measuring the effect of social media

blogs@foleyhoag.com (Foley Hoag) — Mon, 08 Feb 2010 12:00:00 GMT

I attended a presentation at the Mass Technology Leadership Council a while back on the subject of measuring the effects of social media. I have been thinking about it ever since. Mostly because I sometimes wonder why I am writing a legal related blog. After all, who wants to read legal stuff? (Lawyers? Foley’s marketing department? My daughter, Megan, who reads it religiously but admits she understands little of the legal stuff? The good folks at Lexblog who host this blog?)

The speaker was K. D. Paine, whose business is consulting in this area. Without question she made many many interesting points. But, and I suspect I will make a complete hash of this, her main point was that the effectiveness of social media (such as blogs) is in fact measureable and not by counting eyeballs. Here is a link to the slides from the speech.

Her point is that the effectiveness of social media revolves around engagement. So, it does not really matter how many people read your blog or follow you on Twitter. What matters is how many of them are "engaged" and how many act on this engagement. You can have a million people hitting your site, but if none comment and none forward a link to someone who they think might have an interest, then so what? A recommendation from trusted source is far better than a random hit from a Google search. If you have engagement, you are more likely to get referrals and valuable positive buzz with people who care about your product, service or message.

There are lots of ways to measure engagement. One might be how many times you are re-Tweeted or how many comments you get or how many times your blog is cited by others. If you are staying on message and readers are commenting, citing and retweeting, they you are likely to be impacting your market in a much more direct and powerful way than with mass spamming or just mountains of passive traffic.

So measuring effectiveness begins with measuring engagement and ends with calculating an ROI from the people who took action based on the engagement.

None of this, of course, tells you how to create engagement, and that is where the magic ultimately lies. Now I am on the trail looking for insights into how engagement is created (not just how it is measured). One site that seems to be focused on this aspect of web marketing is pistachioconsulting.com. A f riend at Valley View Ventures turned me on to this site. There is currently a guest post on "Presenting with Twitter" that has some strategies for creating engagement. I am sure there are others. I will try to note them as I find them.

Weekly Twitter Updates

whutchens@whitworth.edu (Walter Hutchens) — Mon, 08 Feb 2010 06:59:00 GMT

"Hum" may not be the word; several x last wk I jumped as one of these silently glid by Electric Boost for Bicyclists http://nyti.ms/aFphg0 # Upgraded RAM in my Chinese netbook (anybody ever heard of LEThink? Me neither, till I bought one) to 2 GB. Noticeably faster. # Stanely Fish on Citizens United case – What Is [...]

Weekly Twitter Updates

whutchens@whitworth.edu (Walter Hutchens) — Mon, 08 Feb 2010 06:59:00 GMT

Weekly Twitter Updates

whutchens@whitworth.edu (Walter Hutchens) — Mon, 08 Feb 2010 06:59:00 GMT

Weekly Twitter Updates

whutchens@whitworth.edu (Walter Hutchens) — Mon, 08 Feb 2010 06:59:00 GMT

The KM Dream Team

KMAdvice@gmail.com (Mary Abraham) — Mon, 08 Feb 2010 04:24:30 GMT

When we hire, we sometime focus too much on what lies within the boundaries of the job description rather than on what lies within the person we are interviewing. Granted, it’s extraordinarily difficult to assess fully a person you are meeting for the first time, but you nonetheless have to probe beyond their resumes. Elan [...]

Elan Gil has given this some thought and provided a list of characteristics he thinks are important, as he reports in Hiring the First 5 Engineers – What Sort of People Do You Want on Your Team:

1. Do what it takes-edness (to coin a term). Willingness to dive in and fix any problems that come up and to take charge since there will not be anyone else to do so. This includes the willingness to do lots of grunt work – there is no one to delegate to.
2. Persistence/tenacity.
3. Ability to deal with uncertainty and not freak out. You may end up with multiple pivots depending on company stage. You need people who will stay calm and keep with it.
4. Generalist technical knowledge. You will not have a “front end team” an “ops team” a “backend team” and a “database team” etc. You need someone who can optimally work on all parts of the stack.
5. Not religious about technology (or anything really). This is useful at any size company, but at a startup you really don’t want to waste time debating the merits of Python versus Java. You just want to build stuff and get it done. No engineering ego (I find the most confident engineers often don’t need to reinforce their ego – they already know they are very good so dont feel threatened easily) and no drama.
6. Get a lot done. You need people who can just crank on product. They need to be able to problem solve independently and go figure stuff out.
7. Do “just enough”. Focus on the 80% of stuff that needs to get done, not the 20% edge case which most users won’t care about (i.e. hire people who buil things that are very solid, but not “perfect” – this applies to an internet company, not e.g. a later stage hardware co)
8. Get along with the team. This does not mean the person is not quirky or lacks personality. It does mean that you will be 5-10 people in a room every day and you need people you and the rest of the team get along with.
9. Bonus points: financial stability. This could be a low personal burn rate, or ability to take a low salary either through a past financial success, being straight out of school so living costs low, or other means. This means the person may be more willing to take a low salary in exchange for more equity, which helps the company survive longer on less.
10. Lots of other stuff, but I think the above is important.

He goes on to suggest that while there is no perfect way of ensuring that the person you’re interviewing has what it takes, you can gather important information through reference checks, taking them out for a beer or dinner to see how they fit culturally with the team, and hiring them for a day and giving them a problem to solve. The important thing is to keep digging until you’ve got a good sense as to whether this person meets your criteria.

This list of key traits applies to a knowledge management dream team as well. KM is a cost center with few traditional means of proving ROI. As a result, the KM group will most likely be small and will have to operate with the energy, enthusiasm and tenacity of a classic start-up. If you’re managing a group like that, you’d do well to hire the sorts of people Elan Gil recommends. And, don’t forget the beer!

[Photo Credit: Roscoe Van Damme]

Rare Disease Day: FDA to Offer Orphan Drug Development Workshop

Sun, 07 Feb 2010 22:05:31 GMT

A rare or orphan disease is defined in the US as one that affects fewer than 200,000 at any given time. It is estimated that there are 6000 to 8000 rare diseases in the world today. Because the number of patients afflicted with orphan diseases is so small, drug companies have historically been reluctant to invest money to discover and develop new treatments for them. The dearth of treatments for rare diseases induced Congress to pass the Orphan Drug Act in 1983 which provided market exclusivity, tax breaks and incentives and regulatory help for companies to development new drugs for orphan disease indications.

While many current blockbuster drugs including recombinant human insulin, growth hormone and erythropoietin originally garnered regulatory approval after receiving orphan status in the late 1980s, most big pharma and biotechnology companies (except Genzyme) largely abandoned orphan drug development until recently. The renewed interest in orphan drug development has been primarily driven by the demise of big pharma’s blockbuster business model that began in the early 2000s. The search for new, non-blockbuster drugs and fresh markets is what induced Pfizer, the world’s largest pharmaceutical company, to recently inked a multimillion dollar deal with Protalix Biotherapeutics, a small biopharmaceutical company developing a new treatment for Gaucher disease—an orphan indication.

Because of renewed interest and the ever increasing need for new orphan drugs, the FDA’s Office of Orphan Products Development is offering an Orphan Drug Designation Workshop that will provide a unique opportunity for all potential drug sponsors—including biotechnology companies, pharmaceutical firms and academic institutions—to learn about the application process for orphan drug designation.

The National Organization for Rare Disorders (NORD) is a co-sponsor of the workshops, which will take place on February 25-26 at Keck Graduate Institute and August 3-4 at the University of Minnesota.

Participants are encouraged to bring specific product proposals for at least one candidate orphan drug that holds promise for the treatment of a rare disease. A significant portion of the workshop will be dedicated to preparing applications, including one-on-one guidance sessions with FDA staff members. FDA will keep product and disease information confidential.

Final applications can be submitted to the FDA at the close of each workshop. For information or to register:

FDA Workshop Brochure
Registration for the February Workshop

Finally, February 28^th is Rare Disease Day. The event is sponsored by the EURODIS a European advocacy group that promotes awareness and research for rare diseases. NORD and Discovery Health are also sponsoring the day.

Until next time....

Good Luck and Good Job Hunting!!!!!!!!!

Offensive Game on Yahoo Kids Teaches Girls Age 6-12 to Win By Dressing (or not) To Please Boys

info@usefularts.us (Dave Wieneke) — Sun, 07 Feb 2010 21:44:09 GMT

A few months ago we got the most offensive legal advertising ever taken down. (Remember, it advertised a sex offender defense practice using a photo of a girl showing skin and looking guilty….and an adult hand keeping a scared child from speaking.) As the father of two girls who have never watched television, I’m astounded by [...]

As the father of two girls who have never watched television, I’m astounded by the messages lots of family accept as normative “becuase” they are on “insert the network name of your choice.” We we on Yahoo! Kids, which provides select games for kids age six through twelve. and came across a game called “Dress Up the Cheerleader” which is infact trains girls to dress to please others….and the others who matter want them semi-nude.

Girls, Please a Crowd of Boys to Win!

Set up: A crowd of boys watches a dress a girl from the underwear up. The “Crowd-o-Meter” registers their full approval of her in underwear. As she dresses ,their approval wains. However, fixing up her hair, and selecting more revealing clothing can regain their approval.

The challenge: Will your girl tramp herself up enough to make the boys happy and win.

The choice: your character can end up smiling and happy if she gets the crowds approval. However, dressing her in long pants and not fixing her hair results in a low score and a very sad face.

Three Simlple Messages for Girls:

An audience of boys will judge you.
Victory is external, so follow social signals carefully.
You can win if you fit the box boys want you in. (and that box requires showing skin.)

Stupid or reprehensible?

The game’s developer is MiniMe Media, who can be contacted via <charles.lee@minimemedia.com>. However, its more likely that linking to this description and expressing concern about Yahoo! Kids wil get a better result.

The Job Search: How to Stand Out in the Crowd

Sun, 07 Feb 2010 15:07:06 GMT

It goes without saying that the competition for jobs in the life sciences industry is extremely fierce. This means that job candidates must use whatever means possible to differentiate themselves from the hundreds, perhaps thousands, of others applying for the same job!

While I have written numerous posts on how job candidates can stand out from their peers, I discovered an insightful article that summarizes my advice in a single post. Like I said, there are no revelations here; just a convenient way to jog your memory as the job search slogs on!

Click here to read the post.

Until next time...

Good Luck and Good Job Hunting!!!!!!!

Litigants Are Often Caregivers Who Need Help Too: Online Tools Help Bring Community In

info@usefularts.us (Dave Wieneke) — Sun, 07 Feb 2010 14:33:19 GMT

Last week a family member had serious enough surgery that I took time away from my job to be a caregiver. Surprisingly, this has connected me more to social networks and this blog. You see, our hospital has wi-fi in its waiting areas, so writing online is productive way to pass time, and absorb the waiting with grace. When I wake up at night to give medication, the online community is there and I appreciate it. I’m finishing this in a waiting room now.

Research shows that more than three in ten U.S. households (31.2%) report that at least one person has served as an unpaid family caregiver within the last twelve months, leading to an estimate of 36.5 million households with a caregiver present. My own experience illustrates what sociologists have told us about caregiving for decades: caregiving is a social role that needs to be balanced.

You see, once someone in the family is the identified patient, their caretakers become reluctant to receive care or to be patients themselves. Many caretakers have untreated medical issues, preventative health needs, or just a chronic need for relief. When your job is to be the one who helps, it’s easy to skip self-care.

Community Beats Isolation: It Keeps Drama in Check
Fortunately for me, our friends are instinctively hip to this. Our kids have had lots of play dates, church friends have dropped off some meals, and our extended family made all that hospital waiting-room time possible. Which brings me to introducing this free online workspace for caregivers and their friends, Lotsa Helping Hands.

It enables the loose networks around people to self-organize and communicate. Such community tools let caregivers focus more on the person they’re helping, and empower them to share responsibility, which improves their own health and quality of life.

Communities allow caregivers who may not see each other in person to share knowledge and plans so everyone knows who is responsible for what. (I’ve been logging medication and pain history, keeping track of appointments and play dates, and have probably not reached out as much as I would have if some of these people were not in a shared workspace.)

Community Tools for Caregivers?
A decade or so ago, I helped our state’s public schools create community tools for online learning. Schools have much more organizational structure than the ad hoc relationships that help our friends and families through tough times. Imagine how neighbors, health staff, family, and civic and religious groups could plug in to help people better with the same kind of organizing tools we’ve seen in grassroots politics.

As someone who works in legal marketing, I think about this as I consider the audience of caregivers, who often come to us as litigants. There’s a good chance that someone you know might benefit by having community tools, and that means you might benefit from being able to plug in to a group supporting them. The next time my life shifts me into a caregiving role, I’ll have a bag of tricks that includes some community tools. How about you?

2010 Super Bowl Ads (vote for best) #colts #saints #sb44

socialmedialawstudents@gmail.com (Rex Gradeless) — Sun, 07 Feb 2010 01:56:27 GMT

Vote for the best Super Bowl Ad of 2010 and discuss your favotire below. Brought to you by Forbes.com. // You must have Adobe Flash Player 9 or higher installed to view this content Related posts:Update: WestlawNext Screenshots and Pricing Information 2010 Guide to Technology: Advanced RSS 2010 Guide to Technology: Basic RSS Related posts:

Vote for the best Super Bowl Ad of 2010 and discuss your favotire below. Brought to you by Forbes.com.

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Clinching the Concept of Concept Search

Sat, 06 Feb 2010 23:11:49 GMT

As a frequent speaker, I live for the "aha" moment that lights the eyes of an audience. It's that magical turning point when you've made a daunting technical topic accessible. You can almost hear the, "Thank you, thank you, thank you, for making something I've long wondered about but never fully grasped clear to me." Yesterday, at an e-discovery conference in Austin, I watched Ed Fiducia of Inventus earn his "aha" moment describing concept search. It's a challenging topic--one that entails shoving a host of different approaches under a broad rubric, and more math than the average lawyer wants to recall. Then, explanations are often laced with--or should I say lacerated by?--marketing-speak. But Ed hit the bull's-eye. Ed wisely defused rampant technofear by tying his explanation to the immensely popular CSI television series (Las Vegas and New York, as Ed's not fond of David Caruso's trite, trademark take-off-the-sunglasses move). Rather than embrace the specifics of the various approaches to concept search, Ed tackled the concept of concept search, particularly document clustering and near de-duplication. He began by reminding us that when the CSI team runs a fingerprint through the Automated Fingerprint Identification System (AFIS), the system doesn't check every aspect of the print but only the spatial relationship between distinctive features comprised of loops, whorls and arches. That is, the computer compares a digitally recorded geometric analysis of the ridges at their points of termination and bifurcation to a database of geometric characteristics of other fingerprints. The computer then assembles a list of likely matches and calculates a percentage estimation of such likelihood. On television, this is often accompanied by a fanciful "100% match" along with a mug shot and rap sheet. Ed's point was that we don't need to consider every nuance of a fingerprint to drastically reduce the universe of potential matches. Instead, we can calculate a finite number of geometric values and plot those values to identify candidates for identicality. Then, we look carefully at the candidates to gauge true matches. This doesn't eliminate the need for human judgment, but it allows human review to be deployed efficiently. Applying this technique to documents, we plot words instead of whorls. To lay the groundwork, Ed posited a world where all documents were composed of combinations of only three words, say "run," "home" and "cat." Were we to analyze each document in terms of the number of instances of each word and plot these values on X, Y and Z axes, we'd have a crude measure of similarity. If we factor in the spatial/geometric relationship of the words, we'd have a much more exact measure of similarity. Plus, patterns would emerge, and we'd start to see similar documents cluster in geometric space. By focusing on clusters of similar documents, review for responsiveness and privilege becomes more efficient in the same way that focusing on geometrically similar fingerprint candidates makes crime scene investigation more efficient. And, therein lies a leading concept behind concept search. Enabling a single reviewer to rapidly...

Yesterday, at an e-discovery conference in Austin, I watched Ed Fiducia of Inventus earn his "aha" moment describing concept search. It's a challenging topic--one that entails shoving a host of different approaches under a broad rubric, and more math than the average lawyer wants to recall. Then, explanations are often laced with--or should I say lacerated by?--marketing-speak. But Ed hit the bull's-eye.

Ed wisely defused rampant technofear by tying his explanation to the immensely popular CSI television series (Las Vegas and New York, as Ed's not fond of David Caruso's trite, trademark take-off-the-sunglasses move).

Rather than embrace the specifics of the various approaches to concept search, Ed tackled the concept of concept search, particularly document clustering and near de-duplication. He began by reminding us that when the CSI team runs a fingerprint through the Automated Fingerprint Identification System (AFIS), the system doesn't check every aspect of the print but only the spatial relationship between distinctive features comprised of loops, whorls and arches. That is, the computer compares a digitally recorded geometric analysis of the ridges at their points of termination and bifurcation to a database of geometric characteristics of other fingerprints. The computer then assembles a list of likely matches and calculates a percentage estimation of such likelihood. On television, this is often accompanied by a fanciful "100% match" along with a mug shot and rap sheet.

Ed's point was that we don't need to consider every nuance of a fingerprint to drastically reduce the universe of potential matches. Instead, we can calculate a finite number of geometric values and plot those values to identify candidates for identicality. Then, we look carefully at the candidates to gauge true matches. This doesn't eliminate the need for human judgment, but it allows human review to be deployed efficiently.

By focusing on clusters of similar documents, review for responsiveness and privilege becomes more efficient in the same way that focusing on geometrically similar fingerprint candidates makes crime scene investigation more efficient. And, therein lies a leading concept behind concept search.

Enabling a single reviewer to rapidly muster similar documents not only reduces the risk of inconsistent characterization and redaction, but also reveals similarities that might have been overlooked. It's like shopping in a neighborhood where all the stores sell the same things--think the Diamond District in New York or the Goldfish Market in Hong Kong. Having all the permutations at hand fosters smarter choices.

Nice work, Ed!

Clinching the Concept of Concept Search

Sat, 06 Feb 2010 20:59:29 GMT

Applying this technique to documents, we plot words instead of whorls. To lay the groundwork, Ed posited a world where all documents were composed of combinations of only three words, say "run," "home" and "cat." Were we to analyze each document in terms of the number of instances of each word and plot these values on X, Y and Z axes, we'd have a crude measure of similarity. If we factor in the spatial/geometric relationship of the words, we'd have a much more exact measure of similarity. Plus, patterns would emerge, and we'd start to see similar documents cluster in geometric space.

By focusing on clusters of similar documents, review for responsiveness and privilege becomes more efficient in the same way that focusing on geometrically similar fingerprint candidates makes crime scene investigation more efficient. And, therein lies a leading concept behind concept search.

Great job, Ed!

Shava Nerad: Blog Ghost Writing Amplifies Authentic Voices

info@usefularts.us (Dave Wieneke) — Sat, 06 Feb 2010 17:35:22 GMT

This response was originally posted on Shava Nerad’s blog Memesplice. It is used with permission. This is a response to Ja-Nae Duane’s article, which in turn responds to Dave Weineke’s article, both on UsefulArts.us, Dave’s blog. You should go read both. But briefly, Dave thinks a blog article written by one person and posted under another name [...]

This response was originally posted on Shava Nerad’s blog Memesplice. It is used with permission.

This is a response to Ja-Nae Duane’s article, which in turn responds to Dave Weineke’s article, both on UsefulArts.us, Dave’s blog.

You should go read both. But briefly, Dave thinks a blog article written by one person and posted under another name is a violation of ethics. Ja-Nae, speaking as a client, begs to differ.

Let me, as a professional, explain why Ja-Nae is not only justified, but supported by a long history that should be admired and respected.

Those of you who know me in person probably know I come off better in print than I often do in public. I’m not a stylish dresser. I’m a bit geekish, and when I am not on a podium, my speech is overly-mannered and too fast.

But I can write. And I have a terrific ear.

I have ghost written a blog for a Harvard professor and have ghost written speeches for a major figure in philanthropy and a number of politicians. I have written articles for CEOS and professors that were placed in major publications, and ghosted an article by a major magazine editor when he was asked to write a guest column for Newsweek.

My name not on those works. Not only that, but in many cases, I am contractually or otherwise professionally obligated not to list those works on my resume or mention the clients by name.

But I have to say, I was paid well by most of them (some of the political work was volunteer).

Is it ethical to publish an article solely in our client’s name? It always has been. We might be listed as staff on a publication, or a roster. The thoughts we write are not, technically, our own. We don’t really do much more than a radio journalist does when interviewing a public figure, cutting small talk, removing the um’s and ah’s, and re-recording and restating questions to better fit the time allotted for a story. Oh, wait — you mean you didn’t know they did that either?

Even when ghosting is transparent, it has been quickly forgotten or overlooked by the public in the past. Every American history reader knows President Kennedy said, “Ask not what your country can do for you — ask what you can do for your country!”

But Kennedy only *said* those words, which are attributed to him in every reference work of quotations in the world. A genius speech writer, Ted Sorenson, wrote those words for him.

Sorenson, an intelligent, intellectual, modest man, did what he did out of purpose and love, with a finely honed sense of language — and an intimate understanding of the man he worked for.

His words carried Kennedy’s authentic voice around the world.

The job of a ghost or speech writer is to get so far inside the mind and skin of her/his client that you are no more “faking” the person’s words, than a hairdresser is “faking” the person’s hair. Ideally, a professional makes the expression of style a natural extension of the individual. The client runs a comb through, and every word falls in place as though it grew that way.

Sometimes, the “fix” is obvious. Did anyone think Sarah Palin solo’d her book? Authenticity is transparent with or without a ghost (Lynn Vincent, senior writer for the Christian publication World Magazine). The Christian Science Monitor estimates that 90% of politicians’ books are ghosted, Obama’s being a notable recent exception.

Some of us do this better than others. We have, in the parlance of social media, been “delivering authenticity” for longer than any media workers.

True, in Rome, senators were required to study rhetoric and elocution and deliver oratory that could run over six hours of prepared speech at a time. But European and later American tradition is not so demanding. We tend to nearly ignore who actually wrote the great speeches of our history.

George Washington asked Hamilton and Madison to help draft his farewell address. Lincoln famously wrote his own copy. Winston Churchill was lauded for writing his own speeches — as an exception from a more common case of hiring help, especially after the advent of radio.

Although Franklin Delano Roosevelt was a great speech writer and worked the profession himself as a younger man, Sam Rosenberg wrote or helped to revise many of FDR’s speeches. Rosenberg stayed on to enhance Truman’s delivery.

Obama depends on a very young speechwriter, Jon Favreau, (b. 1981) who I am in awe of — but he wrote his speech on race, the “A more perfect union” speech, himself (and, honestly, you could hardly claim to tell his own style from Favreau’s).

The recent insistence that public figures write all their own copy (speeches, articles, books, social media) expresses more of a fashion in media than an understanding of its history. It also reflects the sometimes ugly requirements of our cult of celebrity.

We are not asking public social media figures for autographs; we’re asking for the essence of their thoughts. Most are busy people, and many are simply not writers, even if they might be able to speak; some are not speakers even if they may be able to code, manage, or act.

If these non-writers don’t hire social media professionals who can be delegated to accurately and authentically portray their ethics and character, and even their style of delivery, then they need to find better staff. (I have hours available!)

It is as easy for a professional to anticipate what a client would say in any situation as it is to know what a mother or a father or a best friend might say. And as easy to know when you aren’t sure and should check in.

A professional knows when to have a draft reviewed, when a personal touch is absolutely required or a critical statement must be made.

We are human, and we do make mistakes. Hey, you’ve watched West Wing, right?

Social media is in deep denial of its emergence as the child of public relations and speech writing, which has traditionally been delegated — and, yes, purchased — by athletes, actors, singers, CEOs, coders, and many others.

These media fashions are changing to disadvantage non-writers. I find that unfair and cruel, and far more unrealistic than the concept that you are getting a translated window to a genuine person.

The best speech writers bring a bardic voice to the client’s message — and the client will find it more truly speaks his or her own heart, whether in a traditional speech to the public, a press release, or a tweet or blog.

We have been invisible, and as such, unrespected. But behind the curtain, speech writers and our sister professions have delighted and inspired you your entire life. Transparency may destroy the illusion, but don’t vilify us. Most of us are genuinely good people, doing authentically good work. Our clients do have a brain, a heart, and courage — we just help them realize it.

Make it a reason to admire what we do, when we amplify an authentic voice.

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Clinching the Concept of Concept Search

Clinching the Concept of Concept Search

Shava Nerad: Blog Ghost Writing Amplifies Authentic Voices