Gabe's Guide to the e-Discovery Universe

I've Moved! Goto www.GabesGuide.com.

2008-06-02T20:44:00.003-04:00

I am now at GabesGuide.com. No more blogspot. This is why.

Bored Contract Attorney writes blog...little less bored now

2008-05-28T14:40:00.003-04:00

I have been following this blog called Freeloader Attorney for a while now. The author is a contract attorney who is writing about his experiences doc reviewing. I find it to actually be rather interesting. I highly recommend it to anyone, especially contract attorneys.

The Subprime Storm is coming

2008-05-28T13:26:00.002-04:00

From Reuters:

WASHINGTON, May 28 (Reuters) - The U.S. Securities and Exchange Commission will make public as early as June several enforcement cases involving subprime mortgage-related investigations, two sources familiar with the probes told Reuters on Wednesday.
The SEC last year formed an internal task force to investigate various areas of the subprime mortgage market including sales practices, accounting, the role of credit rating firms and securitization of packaged mortgages.
Many market participants, including credit rating agencies, Wall Street firms and mortgage brokers and lenders, have been criticized for fueling the U.S. housing market, perhaps without disclosing certain risks.
The SEC, which aims to maintain market confidence, is focused on proper disclosure and potential fraudulent activities to investors.
"I think we'll have a few subprime-related cases relatively soon ... within weeks," one source said.

It's another GabesGuide.com Unscientific-Scientific Poll: Today's Topic, Outsourcing.

2008-05-28T12:39:00.004-04:00

Since it seems like it is Outsourcing Day here at GabesGuide.com, I figured this poll would be relevant.

You have 4 days to send Sarah Sellers to college

2008-05-28T12:13:00.003-04:00

Read here, and watch the video, then read here, and then Vote Here, and remember to confirm your vote in your email or it won't count. It literally takes two seconds, and believe me this is a good thing. The voting has become much closer as of late. She is still in the lead but at last check only by about 170 votes. I don't ask for much, but please if you can spare a moment, vote.

It's GabesGuide.com 2nd Monthsary!

2008-05-28T12:01:00.005-04:00

Wow, so it has been officially two months since I started this blog. Two months! That is almost like 7 weeks or something. I usually can't keep my attention on something for two days much less two months.

In all honesty, this blog has been such a joy to do. So far I have over 2000 unique visitors in 40 different countries. Someone has even looked at my blog in Saudi Arabia! I really appreciate all of you who have visited, and I hope that I have been able to make a small contribution to your knowledge of e-Discovery, as well as kept you entertained with my numerous off topic posts.

Again thanks.

Outsourcing: This is why my Lazy Sunday Links should stop being so lazy

2008-05-28T11:42:00.005-04:00

The outsourcing story I reported about on Lazy Sunday Links is really starting to pick up steam. First reported in the Blog of the Legal Times, it has now been picked up by the ABA Journal, JD Wired, and now this blog:

"Does the monitoring of cross-border communications by the United States government under the Patriot Act and the Wiretapping Act and the lack of US constitutional protection in foreign countries violate an attorney’s duty to keep client matters confidential?

Does outsourcing act as a waiver of the attorney-client privilege or otherwise permanently affect a client’s legal rights?

One law firm is concerned that the answer is ‘yes’ — and has sued the Bush administration for declaratory judgment and asked the District of Columbia and Maryland bars for ethics opinions on the matter. According to Newman McIntosh & Hennessey, US government interception of attorney-client communications is highly probable because the National Security Agency (NSA) is free to spy on foreign companies. The Newman firm filed the complaint and ethics opinion requests seeking guidance on whether outsourcing of legal services compromises constitutional rights — and wants the court to order law firms to disclose their use of outsourcing and foreign legal support to clients, and to order the US government to establish protocols to shield attorney-client information from US government surveillance.

The complaint and legal inquiry arose out of a solicitation to the Newman firm by Acumen Legal Services (India) Pvt., Ltd./Acumen Solutions, LLC (TX) to provide the law firm with outsourced litigation support. Hennessey, a named partner for the firm, is concerned that information from his personal injury and medical malpractice practice could fall into the hands of competitors who employ outsourced services, through the electronic discovery process. According to Hennessey:

It’s not paranoia. It’s just fact . . . . [N]ow that we’re outsourcing services, we have given no consideration to the ongoing practice of the government harvesting information out there.

Hennessey openly wonders whether explicit client consent should be required before any data is sent abroad.

Legal outsourcing has grown dramatically in the last decade as bandwidth has improved to easily handle large amounts of imaged data, facilitating remote document scanning and low-cost document review, primarily in India.

Here’s why this is a particularly interesting story to watch: A. large law firms are now relying heavily on the practice of outsourcing their legal document imaging and legal document review work to maintain their profit margins. B. The regulation of attorneys is almost entirely a matter of state law. I’m not aware of any federal controls over the attorney-client relationship or attorney-client privilege (except with regard to the recent encroachment on attorney-client communications in the representation of enemy combatants in connection with Guantanamo and Bush administration military tribunals).

The case has been assigned to District Judge Colleen Kollar-Kotelly, chief judge of the Foreign Intelligence Surveillance Court (FISA)."

Looks like this story is gaining some legs. This is definitely an angle I had never considered.

Off Topic: What a historic decision!

2008-05-28T11:05:00.006-04:00

I just found out that the Red State Update has confirmed me as a friend on Facebook. I am their 675th friend! I feel so honored. Due to this momentous occasion, I am going to repost the first video I receieved about them.

Because America stinks at lending money, India is the hottest place on earth to practice law, well American law at least

2008-05-28T10:14:00.005-04:00

From The Economic Times:

"NEW DELHI: A slowdown in the US is giving a push to the Indian legal process outsourcing (LPO) sector. Indian LPO firms are reporting a rise of over 200% in revenues in the past 12 months as they see a dramatic rise in litigation, intellectual property infringement work and bankruptcy-related document drafting. The rise in new business from litigation is due to a crash in the stock markets post the subprime crisis, which led many stockholders to sue companies.

“We have seen a dramatic rise in business from the litigation and IP infringement verticals in the past three months as organisations look to make money form brand or IP infringements due to a slowdown in consumer spending in the US.

We have ramped up our headcount correspondingly by almost 50% and plan to scale up more in the coming months,” says Sanjay Kamlani, CEO of Mumbai-based Pangea3.

US companies are also looking to cut costs and offshore legal work to India as lawyers are one of the highest paid professions in the US. “A junior lawyer on the US east coast (where the major stock exchanges are located) makes about $1,65,000-$2,00,000 per year.

The same work can be done at one-tenth the cost in India. As companies look to cut costs we see a rise in our toplines,” says Matthew Banks, senior vice-president, Legal Services, Integreon.

Mumbai-based Integreon has about 420 associates in the LPO business and has seen an over 200% rise in revenues in the past 12 months."

So what country will be outsourced to next, once India becomes the most vibrant economy in the world

2008-05-27T15:39:00.005-04:00

From Sepia Mutiny:

"Outsourcing to India is nearly limitless in potential, both boosters and opponents alike claim. As evidence, they point to the proliferation of services that are currently being performed in India. No longer limited to programmers and call centers, outsourcing has grown to encompass BPO, medical transcription, tax return preparation, and concierge services. The latest frontier is the legal profession

In the past three years, the legal outsourcing industry here has grown about 60 percent annually. According to a report by research firm ValueNotes, the industry will employ about 24,000 people and earn revenue of $640 million by 2010. Indian workers who once helped with legal transcription now offer services that include research, litigation support, document discovery and review, drafting of contracts and patent writing. The industry offers an attractive career path for many of the 300,000 Indians who enroll in law schools every year. [Link]"

You have 5 days to send Sarah Sellers to college

2008-05-27T11:57:00.004-04:00

Read here, and watch the video, then read here, and then Vote Here, and remember to confirm your vote in your email or it won't count. It literally takes two seconds, and believe me this is a good thing. At last check, her closest comeptitor is 340 votes behind, but she needs to make a strong showing before Sunday. Please take two seconds and vote.

Outsourcing Company still trying to discern difference between DC, Chicago

2008-05-27T10:36:00.005-04:00

I received in my email today in regards to a patent paralegal ad:

** CRAIGSLIST ADVISORY --- AVOID SCAMS BY DEALING LOCALLY** Avoid: wiring money, cross-border deals, work-at-home** Beware: cashier checks, money orders, escrow, shipping** More Info: http://www.craigslist.org/about/scams.html

Hello,

I saw your post on craigslist. I run a paralegal firm with experts in US law, JDs and LLMs from Top-tier US Law schools, Litigation and IPR experts with 20+ years of experience. We have an established team of IPR experts. Our team consists of prior art researchers, WIPO-certified patent draftees with over 20 years experience in USPTO and International patent work. We also offer best quality paralegal services in litigation, and we have experience in both Federal and State litigation, trials and appeals.

All this is provided at a very low price, because our work-office is in India.

You have posted a recruitment notice for the post of an Patent Paralegal. If telecommuting is permitted, we can save thousands of dollars for your firm and provide a much higher quality of service, because people who will oversee your work are US-educated lawyers and not secretaries or paralegals.

A lot of Chicago firms and corporations use our services and save money thereby. If you are similarly interested, please get back to us from a valid email ID and we willl provide you with website and contact information.

Sincerely

Sayak
On behalf of and in Asst. to CEO.

UK Lawyers scurriliously read through new white paper, still looking for protagonist, plot.

2008-05-27T10:09:00.007-04:00

EnCase softwore has released a white paper concerning e-discovery with major corporations in UK Courts. The link to the white paper is here.

"This is one of a series of white papers written by Chris Dale of the UK-based e-Disclosure Information Project. Its purpose is to further understanding of the issues arising from electronic disclosure in the UK and the part which EnCase® eDiscovery from Guidance Software and similar data image collections applications can play in addressing those issues for large corporations."

For those of you who do not know what a white paper is click here.

Slightly Off Topic: Winston & Strawn to now just go by the name "Win"

2008-05-27T08:56:00.004-04:00

From the Houston Chronicle:

"To Cher, Madonna, Oprah and Prince add Howrey, Skadden, Sutherland and Winstead.
It’s part of a new branding trend for law firms — to go by only one name.

When a law firm brands itself, it’s generally fantastic for the person answering the phone, hard on the tech team and really rough on the legacy of the usually-dead partners whose names go out of use.

As law firms get more comfortable with the idea that lawyers can be professionals and still run their firms like businesses, the idea of creating a marketplace persona for the firm is increasingly popular. This results in modernized Web sites, shiny new often-arty brochures and fewer names on the stationery."

You have 6 Days left to send Sarah Sellers to College

2008-05-26T12:00:00.000-04:00

Read here, then here, and then Vote Here, and remember to confirm your vote in your email or it won't count. It literally takes two seconds, and believe me this is a good thing.

Reason #11 Why DC Rules: Rolling Thunder

2008-05-26T09:00:00.001-04:00

In honor of Memorial Day:
"Rolling Thunder Inc., established in 1987, is a veterans advocacy organization that works for the return of prisoners of war and missing in action from all of the conflicts of the United States. The organization does not require that its members be veterans;^[1] and estimates that 40% to 45% of its members are non-veterans.^[2]Because many group members ride motorcycles and many group events are motorcycle-oriented, Rolling Thunder is sometimes referred to as a motorcycle club or "biker group." However, riding or owning a motorcycle is not a requirement, and the group's primary focus is on veterans' advocacy.

The President of the organization is Artie Muller. Muller has worked closely with exiled Prince Nguyen Phuc Buu Chanh of Vietnam with the stated goal of helping to bring closure to the U.S. families of unaccounted-for MIAs and POWs from the Vietnam War.

Rolling Thunder is noted for its annual gathering of members and supporters at the Pentagon in Arlington, Virginia every Memorial Day weekend."

The video below is entitled Rolling Thunder Ride to the Wall. I like it. Watch it when you get a chance.

Featured Review Tool: Kroll OnTrack

2008-05-26T08:30:00.001-04:00

From their website:

"In today's digital world, attorneys frequently review massive amounts of computerized text and data to locate, analyze and organize key evidence in preparation for client cases.

Kroll Ontrack, the technology services group of Kroll, helps attorneys and litigators at corporations, law firms and government agencies gather and filter electronic documents for use in legal proceedings, regulatory matters and investigations. Kroll Ontrack also recovers, restores and protects electronic data that has been erased, reformatted or lost, and investigates the causes of technology and data tampering.

With the technology strength of Kroll Ontrack and the risk consulting expertise of Kroll's other businesses, Kroll can provide full scale solutions for investigations, corporate restructuring and security matters.

Our Services

Electronic Discovery
Increasing quantities of electronic data and documents often require attorneys to spend excessive amounts of time trying to identify discoverable electronic evidence. Kroll Ontrack's electronic discovery specialists provide a range of time-efficient and cost-effective services that help gather, analyze, organize and prepare data for review in litigation matters and regulatory proceedings.

Computer Forensics
Kroll Ontrack specializes in developing effective strategies for locating and retrieving electronic data from computer hard drives and technology systems. Kroll Ontrack's computer forensics engineers are trained to identify where exactly on computer networks key evidence is likely to be found-even if that evidence appears at first to have been erased or lost. Kroll Ontrack also can create a comprehensive chronology of computer usage and determine whether computer evidence was altered, damaged or removed.

Data Recovery
Kroll Ontrack uses proprietary recovery and analysis tools and techniques to locate, recover and analyze active, deleted or damaged electronic data. Whether working along side clients to recover data or providing the same services from remote locations, Kroll Ontrack customizes real-time data-recovery solutions that are fast, convenient and cost-efficient, retrieving electronic documents from virtually all computer storage and operating systems."

Breaking News: Lawyers to benefit from misdeeds of corporate executives, public officials

2008-05-26T06:53:00.000-04:00

Here is a small but rather interesting article concerning white collar crime from Crain's Detroit Business:
"Criminal defense lawyers, even those representing white-collar defendants, once were mostly trial specialists and usually practiced solo or in small firms.

Their reputations earned them major clients and cases, often referred from large firms that wanted to keep the stigma of criminal litigation away from their business clients.
But times have changed.

Stakes are higher as federal investigations increasingly target companies and top corporate officials. And such cases generate major revenue."

Lazy Sunday Links: I say YahGooHoogle, you say MicroHoogle, would you just make a decision?

2008-05-25T17:55:00.001-04:00

The MicroHoogle drama still is playing out. Reuters give a recap.
World’s richest man says banks are to blame for this whole sub prime thing.
Small Bethesda sues US government and legal outsourcing vendor trying to protect this little known detail in the world of legal ethics called “client confidentiality.”
Off topic: Don’t forget to vote for Sarah Sellers, your next West Virginia Idol. And if you want to know more about Sarah Sellers, click here.

YaGooHoogle?

2008-05-25T08:56:00.001-04:00

Still no word on a deal between Yahoo and Google. I was hoping to hear by now.

I am off to Six Flags America, so by Murphy's law I am certain will go down while I am there, and not watching the news. Oh well, pretty sure I can live with that. Lazy Sunday Links will post tonight. I hope everyone is enjoying their holiday weekend.

Warren Buffett: After the USA's slow and painful death, I will buy America for 200 Trillion Dollars, which will be equal to about 31 euros

2008-05-24T16:53:00.000-04:00

From Reuters:

"The United States is already in a recession and it will be longer as well as deeper than many people expect, U.S. investor Warren Buffett said in an interview published in German magazine Der Spiegel on Saturday.

He said the United States was "already in recession" and added: "Perhaps not in the sense that economists would define it" with two consecutive quarters of negative growth."

Off Topic: Big Brown take note: Sarah Lee Sellers turning into the Secretariat in the horserace for West Virginia Idol

2008-05-24T14:59:00.001-04:00

Big Brown

As of today Sarah Lee Sellers has over 450 more votes than she did yesterday, and I am sure much of that was because of your help. She leads the pack by over 400 votes, but she is by no means out of the woods yet. Afterall, she in West Virginia, which probably means she is never out of the woods. Ok, bad joke I admit. To quote Triumph the Insult Comic Dog, "I kid, I kid."

Please click here to vote for Sarah. And to read more about her story click here, or just scroll two entries down. The contest ends on June 1st, which is a week from tomorrow.

It is also important that she has a strong showing because apparantly our votes only count for one third of the role in selecting the winner.

Grand Prize Winner Announced (6/03/08) Process of picking winner includes input from MetroNews & Sponsors (1/3rd), WVWC (1/3rd), and Voting Results (1/3rd).

We cannot have these West Virginia Wesleyan and MetroNews Superdelegates overturning the will of the American people! That is why she needs to go into the convention with a sizeable lead.
Oh by the way, if you don't have any idea who Sarah Lee Sellers is, she's a freaking genius.

If there's such a thing as competitive calculator mashing, Sarah Lee Sellers would get the medal. A high school junior from Hedgesville, W.Va., Sarah spent 2,000 hours and burned out two calculators – creating a handmade 111 by 111 prime magic square out of only Eisenstein prime numbers. (If you must ask, a magic square's columns all add up to the same number, while an Eisenstein prime is any number where 3n-1 equals a prime.) She even managed to sneak a cryptic message – "Love" – in the top center.
A testament to a rigorous mind, Sarah's accomplishment – whether it medals or not at ISEF – has already sparked interest in math among classmates back in Hedgesville, she says. And when a gaggle of local elementary school students gathers around her booth, she explains sweetly, holding up her giant magic square: "You can do anything you want to if you put your mind to it."

Vote Today.

Featured Review Software: Applied Discovery from Lexis Nexis

2008-05-24T09:47:00.000-04:00

From their website:

Litigation Our comprehensive service offering is designed to help you navigate the sometimes daunting world of electronic discovery. Because when you really think about it, the process of discovery hasn't actually changed—only the storage medium and review tools for the documents are different. With this in mind, simply follow the discovery process you already know, but leave the tools and technology to us.

Antitrust Our comprehensive service offering is designed to help streamline response to government document requests. When you see how easy it is, you'll wonder why you waited so long to get started.

On a personal note, LexisNexis Applied Discovery was where two of my former colleagues once had their stomping grounds, Kush Bambrah and Kimberly Quan. Both are exceptional people in the e-Discovery universe.

Off Topic: Actually, way off topic: I want Sarah Lee Sellers to be the next West Virginia Idol

2008-05-23T13:28:00.000-04:00

I seriously thought this was a joke when I got this in my email this morning. After checking the source, I realized that it was not.

Below is a video interview for Sarah Lee Sellers. Sarah is competing to receive a scholarship to West Virginia Wesleyan University, which is by the way is the top Wesleyan university in West Virginia. What are the grounds for receiving this scholarship? Good grades? Need? Character? Because I can tell you Sarah would qualify for all three if that was the criteria.

But it does not come down to any of those in the final analysis. Sarah wins the scholarship with your votes! I am not joking. They are literally dangling the scholarship in front of her like a carrot, and putting her through a video interview so America can vote to see if she is deserving of it or not.

The interview starts off very normal, she tells about her background, subjects she likes, and the fact that some guy named Jesus is her savior (Yes I know who Jesus is so don't email me. He is my savior too, but I guess I can share him with Sarah). Then, toward the middle of the video they discuss why she wants the scholarship and she breaks down in emotion, telling about her financial troubles her family had when she was young, and is almost embarrassed when she says her mom cannot afford college. She continues tearing up for pretty much the rest of the interview. It is very gripping.

Does WV Wesleyan U stop the video to let her get herself together, so she could finish the interview composed? Of course not, that would have been the classy thing to do.

What also struck me was that fact at such a young age she knows what she wants to do in life. 10 years from now she wants to get into cryptology. Cryptology! I didn't even know what cryptology was in high school. In fact I still don't know what it is exactly. I assume it is the study of crypts or something.

The other thing I could not help but think about was how incredibly, incredibly lucky I was as a child. My parents were not rich, but they provided me with a very comfortable lifestyle. They sent me to Georgetown Prep, and college was never seen as an obstacle financially.

Here is someone who has worked so hard, and seems so morally grounded, and they make her go through this BS to get a scholarship at their university.

Frankly Sarah, the question is not whether you are deserving of a scholarship, it is whether West Virginia Wesleyan University is deserving of someone like you. You have too much character, dignity and class for that University, and they should feel blessed every day for the chance to have a student like you.

Lets send Sarah Lee Sellers to college people! You can vote for her here. Also remember to click the confirmation link in your email or your vote will not count. Be sure to watch her video below.

If you don't know the first thing about e-discovery, click the link below

2008-05-23T13:01:00.000-04:00

This is one of the best blog posts I have seen about e-discovery. It is exceptionally detailed. The blog is call E-discovery Team, authored by attorney Ralph Losey. I have added the blog to my law links. If you don't know the first thing about e-discovery, click here.

Quick Hit: If you think Six Flags is fun, checkout this webinar Best Practices for Gaining Control over Corporate E-Discovery, yeah...

2008-05-23T11:37:00.001-04:00

Just an FYI for anyone interested, from the EDD Blog:

"Clearwell Systems Inc. has announced a free web seminar with Google. The seminar will feature Vivian Tero, Program Manager for Compliance Infrastructure at IDC. It is titled "Weathering the E-Discovery Perfect Storm: Best Practices for Gaining Control over Corporate E-Discovery," and will be held on Tuesday, June 3 at 10 AM PDT. Go here to register."

Reason # 10 Why DC Rules: Six Flags America

2008-05-23T09:05:00.000-04:00

Which I am going to this weekend! It literally is only a 2o minute drive from my house. I will be sure to take some more crappy Treo pictures for Lazy Sunday Links. I am probably going to go on Sunday now, since it will be 5 degrees warmer and less windy.

After waning for so many years, Six Flags America as a whole has really made a comeback, thanks to the intervention of America's most beloved human being and humanitarian, Redskin's owner Dan Snyder.

If you get a chance to go bring your bathing suit and be sure to check out Hurricane Harbor. I always find the Tornado alot of fun (pictured above). As far as roller coasters, definitely ride the Superman (also pictured aboved). It is one of the tallest roller coasters in the world. I will never get on it myself, because I am a total wuss in that area. At least I admit it.

Second Request Alert: Is the Microsoft-Yahoo engagement over after Yahoo caught sleeping with Google?

2008-05-22T16:59:00.000-04:00

From NYTimes.com:

"How can Google, the Internet search and advertising giant, contend that teaming up with Yahoo in search ads would not invite an antitrust challenge?

Under a proposed partnership, Google would let Yahoo use its more sophisticated ad technology to deliver ads next to some Yahoo search results. By some estimates this could bring Yahoo $1 billion a year in added cash.

If they strike a deal, the No. 2 company in search ads would hand over some of its business to the dominant company in that market. When asked about the issues this would raise in a meeting with reporters this month, Eric E. Schmidt, Google’s chief executive, offered only a cryptic reply: “We would anticipate structuring a deal to address antitrust concerns.”

People involved in shaping Google’s approach say the deal under consideration would be a straightforward supplier arrangement, similar to ones in the markets for computer printers, appliances and cellphone service."

Predatory lenders must prove to be less predatory, more lender

2008-05-22T14:53:00.000-04:00

From Sarah Murphy at Bliss PR:

Subprime Lawsuits: How to Defend Yourself
22/05/2008 - 15:02
"The pace of subprime-related litigation continues with no apparent end in sight as more and more lawsuits are filed against mortgage lenders, Wall Street firms that packaged and resold the mortgage loans into bonds and mortgage backed securities (â€œMBSâ€), and companies that invested in MBS. Many of the mortgage lender lawsuits are directed at underwriting practices and accounting estimates, including estimates related to allowance for loan losses, valuation of mortgage servicing rights and residual securities, and liabilities for loan repurchases.

What companies can do to defend themselves against these lawsuits depends on how they arrived at their accounting estimates and whether they can demonstrate that good faith efforts were made to determine those estimates based on information available at the time. Anthony Lendez, CPA, CFE, is a partner with BDO Consulting, a division of BDO Seidman, LLP, and can speak to the following best practices for the various defendants of these lawsuits:"

President of Kroll on Track to battle President of Lexis Nexis Applied Discovery on top of Sears Tower to determine supreme control of Chicago

2008-05-22T14:06:00.000-04:00

Chicago Lawyer Magazine conducted an e-discovery poll of Illinois attorneys and the results were rather interesting:

"Perhaps the biggest surprise occurred almost immediately in the question which asked “Are you familiar with the Federal Rules changes regarding electronic discovery?” 70% answered “Yes” which means that 30% were not familiar with the rule changes. The figure seems almost astonishing given the high degree of coverage and the flurry of CLE activity surrounding changes that went into effect in December of 2006."

"The question, “Have you ever hired an electronic discovery consultant or firm?” provided the biggest surprise of the survey for me. 69% of the respondents indicated that they had not hired an eDiscovery consultant or firm. Those who did hire such a company preferred Kroll (25%) Lexis-Nexis Applied Discovery (20%), Fios (18.5), FYI (18% ) and EED (15%) All other companies listed (KPMG, Encore, Stratify, Attenex and Navigant) came in at single digit percentages.

Upon examination, the breakdown is perhaps not so surprising. The respondents answering “yes” to the consultant question were the large firm attorneys with high value cases. The respondents answering “No” were predominately sole-practitioners and small firms. The fact that these are respondents performing a high percentage of their eDiscovery work in-house is a theory perhaps born out by the fact that the two most popular products listed as a response our question about products are Summation at 64% and Concordance at 47% . Both products are more easily used by smaller firms to perform their own eDiscovery processing, especially on email files. And in fact, after those two products, no other company had higher than a 10% response except for EnCase, which is typically used for forensic-level analysis of servers and workstations."

BTW, that picture below is from Cloud Gate Park in Chicago. Also don't forget to take first GabesGuide.com Unscientific-Scientific poll as well.

Off Topic: Another Red State Update and special comment

2008-05-22T10:56:00.000-04:00

I saw the other day that someone commented about my new favorite comedy troupe, The Red State Update, about how I was turning this site into a political blog. I hardly think posting this video rises to the level of doing that, but regardless, this is not a political blog.

I have my own political opinions as I would think most attorneys do, and I am not afraid to espouse them when appropiate. That being said The Red State Update is a comedy troupe, and I find them freaking hilarious. You can check out their prior posts on their website or YouTube.

Again, they are a COMEDY TROUPE. They make fun of Democrats and Republicans. Heck, they make fun of themselves. The whole red state, red neck thing is part of their schtick, like it is for Jeff Foxworthy or Larry the Cable Guy. They do this to make money. They don't see Red and they don't see Blue. Believe me, the only color that they see is green.

Besides, life is short, we all need to laugh every now and then.

Creepy Dolls to remain creepy afterall

2008-05-22T10:44:00.000-04:00

Somehow I missed this a two days ago. I think I need to work on better search terms.

"Mattel Inc. has settled with a former employee that designed the Bratz line of dolls, but will carry on with a suit against the maker of Bratz, MGA Entertainment, according to media reports."

Link to the full article is here.

Another cartoon I find funny

2008-05-22T10:14:00.000-04:00

Court Opinion states that if you are not asking for it, you are "asking for it"

2008-05-22T09:56:00.000-04:00

I meant to post this yesterday, but I became too bombarded at work. Below is a link to a great article about how metadata should be transfered from one party to another in e-discovery.

From the New York Law Journal:

"The most recent federal decision[FOOTNOTE 1] weighing in on the hot-button issue of discovery of metadata[FOOTNOTE 2] and documents in their "native format," i.e., "the way it is stored and used in the normal course of business,"[FOOTNOTE 3] offers some simple, common-sense advice on how to best achieve that discovery objective: Ask for it. Up front."

Off Topic: I just find this cartoon funny

2008-05-22T09:12:00.000-04:00

I found this on the Power of Attorney blog. I do like where I work by the way, very much actually. Heck, they are the ones who gave me the idea for this blog.

T2 to EA: $25.74 a share is that all I am worth to you?

2008-05-21T15:52:00.000-04:00

From The Mercury News:

"Take-Two Interactive Software hinted Monday at the possibility of formal negotiations with its hostile suitor and rival video-game publisher, Electronic Arts of Redwood City.
Strauss Zelnick, Take-Two's chairman, announced in a statement that the company had begun a "process" involving some type of "formal discussions" with unnamed "interested parties." A Take-Two spokeswoman said the New York-based company declined to elaborate on the wording of the statement and would offer no additional details.

Earlier Monday, EA revealed another extension of its $2 billion tender offer to Take-Two shareholders, this time extending it to June 16 to accommodate a Federal Trade Commission review of antitrust implications. The previous deadline for the tender offer was Friday, which was an extension from mid-April. EA took its offer directly to shareholders March 13 after being rebuffed by Take-Two's board.

"EA's offer price remains unchanged at $25.74 per share, and our offer is still subject to conditions that include regulatory approval," Owen Mahoney, EA's senior vice president of corporate development, said in a statement.

EA declined to comment on questions about possible formal discussions with Take-Two.
Take-Two's board, which repeatedly has characterized EA's offer as insufficient, had rejected any formal negotiations until after the April 29 release of "Grand Theft Auto IV," the latest edition of the blockbuster game series that's central to EA's bid."

Hat Tip: The Posse List

We have an answer from DC Bar President-Elect Candidate Kim Keenan, well an email at least...

2008-05-21T13:31:00.000-04:00

"Dear Mr Acevedo

First let me apologize for taking so long to reply to your very thoughtful email. In my defense I wanted to provide you with the correct response. The DC bar is a mandatory bar so we are not authorized to address this issue.

However it would be appropriate to address your concerns to the Committee on unauthorized practice of law. You will find their information on the DC Court of Appeals website. I appreciate your interest and concern for this important issue.

Kim Keenan

Sent from my Verizon Wireless BlackBerry"

They are not ALLOWED to address the issue? What are they allowed to speak about? How can I determine who I am going to vote for if they cannot speak about current trends in litigation?

Oh well, maybe I am barking up the wrong tree here and need to take this up with the committee on the unauthorized practice of law.

By the way...

2008-05-21T12:00:00.000-04:00

I have sent a follow up email to both DC Bar President-Elect candidates about this post regarding their opinion of the legal outsouring trend both here in this country and abroad. Since I had not heard from either of them in over a week, I thought a second email was appropiate.

I think we need to start getting our Bar leaders both locally and nationally to take a stand on this. Now that may very well be in favor of outsourcing, and that is ok, at least I would know where they were. What I don't like is how the outsourcing business is booming, while the leaders of our Bar organizations sit passively by and don't address the issue, when in my opinion, there are serious ethical questions concerning the practice of law that need to be addressed. I address more of that here.

Charlie the Tuna, Bumble Bee Mascot, and Mermaid from Chicken of the Sea prepare to enter the octagon in UFC cage fight.

2008-05-21T11:14:00.000-04:00

Over at the Wall Street Journal's Deal Journal, they have a question and answer with Sonnenschein partner Kathrine Funk over the antitrust issues in the food industry.

"Will Charlie the Tuna may be caught in a fishing net that may not be dolphin-safe? Del Monte Foods is seeking alternative strategies for StarKist — Charlie’s current home — as the cost of tuna production gets more expensive. One problem: the two obvious buyers — Bumble Bee and Chicken of the Sea — already own a big chunk of the packaged-tuna market. And regulators are looking at dairies again. That got us thinking about competition among food companies.

So many dream food mergers seem to run into antitrust concerns. So we caught up with Katherine I. Funk, (left) a partner with law firm Sonnenschein Nath & Rosenthal, to find out why. Ms. Funk was a staff attorney with the Federal Trade Commission. (Deal Journal Trivia: Earlier in her career, Ms. Funk was a sports writer for the Kansas City Star, so she knows something about competition.)"

FCPA: Companies need to exercise due diligence to comply with the FCPA with guidelines that are not there and rules that are not written either

2008-05-21T10:06:00.000-04:00

This is a great post about the level of due diligence needed for a company to comply with the FCPA. Not so much an e-discovery issue, but something contract attorneys should take note of if ever working on an FCPA matter.

From the great FCPA Blog:

"Due diligence is a common subject, so it's natural to think of it as an easy subject as well. But it's not. There's no black-letter law anywhere describing due diligence, or what type is needed for an effective compliance program under the Foreign Corrupt Practices Act, or how much should be done. Surprisingly, the FCPA itself never mentions it. The statute describes what behavior constitutes an offense, and lists a few things that don't -- facilitating payments, promotional expenses and payments allowed under the written laws of the host country. But it doesn't mention due diligence.

Where, then, does due diligence come from? As with so many aspects of compliance, the Federal Sentencing Guidelines are the fountainhead. They leave no doubt that due diligence is an essential ingredient of compliance. But even the Guidelines don't give examples, checklists, or timetables. They leave the "details" to those who know the organization best -- its directors, officers and executives. Instead of being a compliance how-to, the Guidelines describe the hallmarks of an organization whose intention is to comply. One hallmark -- you guessed it -- is due diligence. There's even some case law on the topic that's helpful."

Europe: Open to topless beaches, legal drug use, but closed to anyone seeing our documents

2008-05-21T09:55:00.000-04:00

Obviously, I wasn't going to post a picture of a topless beach on here. So I thought i have a picture of this guy instead.

From the New York Law Journal:

"While the collection, review and production of e-mails and other electronic documents have become routine for U.S. companies involved in civil litigation, internal investigations, and various other legal matters, there is an increasing number of cases that involve foreign or multinational clients, and the collection and production of electronic documents from these clients can be anything but routine.

Clients with operations in the European Union pose a particular problem for electronic discovery because of the strict data privacy laws in most European jurisdictions, which regulate the processing of personal data and its export from the EU.

These laws create a significant tension between a foreign or multinational company's obligations to produce documents for U.S. legal matters and its compliance with European law. This is an evolving area of the law, and it is imperative that U.S. lawyers become familiar with the data privacy issue and work closely with their clients to address them before a single document gets reviewed."

Off Topic Meet Jeff Foxworthy 2.0

2008-05-20T17:19:00.000-04:00

After that post below, I needed something to make me laugh. I posted another video of these guys earlier. They are called the Red State Update, and they are hysterical. I had never heard of them until today. Enjoy.

Outsourcing: Law licenses, we don't need no stinkin law licenses.

2008-05-20T16:09:00.000-04:00

From Livemint.com:
"New Delhi: Bad times for some American companies is turning into good times for India’s legal offshoring industry.

For reasons largely economic and partly cultural, India’s legal process outsourcing, or LPO, services providers have seen a sizeable uptick in business since the US economy has faltered. In particular, firms that handle support functions, such as reviewing documents and researching witnesses for US litigation, have enjoyed the biggest increases amid mounting disputes over who knew what and when in the mortgage and related markets meltdown."

There is also a video as well on this when you click the link. As an aside, I did not get one response from either DC Bar President-elect candidate regarding their opinion regarding this matter. I will follow up.

The good news is we will all be unemployed together. Oh and if you want to comment about how doc review is not the practice of law, blah, blah, blah, go ahead. I made my position pretty clear.

Off Topic: This is why I voted Kristina Arvanitis for President

2008-05-20T13:51:00.000-04:00

And you can too. Seriously this is one of the funniest videos I have seen in a long time. Definitely wear headphones if at work.

Is G-Discovery the new E-Discovery?

2008-05-20T11:19:00.000-04:00

"There is no bigger idea in enterprise technology than the idea of “cloud computing“. What does it mean? Simply put, the idea is that enterprises will cease to buy hardware, software, and all the headaches that come with them. Instead, companies will rent whatever applications they need and access them over the internet. Software vendors will keep their applications on a pool of shared infrastructure (the “cloud”), which will automatically allocate resources between applications according to demand. Using a common analogy, we will move from today’s world where companies are buying and building their own electricity generators, to a world where there are power companies distributing electricity over a grid."

"E-discovery is no exception to this mega-trend, and I expect a portion of the e-discovery software business to move to the cloud. How quickly this happens depends on how easy it is for companies to adopt cloud-based e-discovery solutions, which is why Google’s recent moves into e-discovery are so significant.

Google is by far the largest cloud computing company in the world. Its cloud-based Google Apps suite of applications was only launched in 2007, but is already being used by several hundred thousand businesses and, Google tells me, 2,000 new businesses sign up every day. Today, the customers are mainly small to medium sized businesses (500-5,000 employees). But as its functionality improves, larger companies will increasingly start asking why they should pay for Microsoft Office when cheaper alternatives exist."

Apple to initiate shock torture on competitors, possibly waterboard

2008-05-20T10:16:00.000-04:00

How the heck did I miss this story on Friday? I know I mostly cover mergers, FCPA, and other high powered litigation, but the IP world also generates its fair share of litigation in the e-Discovery Universe.

From CNNMoney.com:

"Apple Inc. (AAPL) has filed a patent infringement and trademark lawsuit against iPod accessories maker Atico International USA Inc.

Apple is also expected to take legal action soon against Florida-based Psystar Ltd., which sells computers based on Apple's Macintosh software in violation, it's widely suspected, of Apple's software licensing terms.

In the Atico suit, Apple claims Atico's Living Solutions line-up infringes five Apple patents. The allegedly infringing devices include Atico's portable iPod speakers, an AM/FM portable boom box and an AM/FM alarm clock radio with iPod dock."

The domain HellerEhrmanWinstonStrawnProskauerRose.com still available

2008-05-20T09:13:00.000-04:00

From thelawyer.com:

"Our favourite stateside rumour last week featured the merger of not two, but three US top 100 firms. The first won't surprise anybody: Heller Ehrman. As one of the few firms to show falls in revenue and profit last year, it has been at the centre of merger rumours for months. The continuing drip of exiting partners (last week saw another former New York managing partner, Richard Martin, bail out in favour of Orrick Herrington & Sutcliffe) is doing nothing to stem the feeling in the market that Heller is a firm in need of a deal.

Heller's first marriage partner is rumoured to be Winston & Strawn, another pleasant, but less-than-thrilling, outfit that could use a jolt of electricity.

But it's the third leg of this legal stool that has got people here buzzing: Proskauer Rose. Were Proskauer to join the party, the US legal market would be looking at a new $1.8bn (£905m) mega-firm.

Word is, this deal is too big to digest. But the fact the market gives it credence underlines the extent to which firms are now looking at their options. More consolidation this year is a cert."

WOW. 1000 people find another way to procrastinate

2008-05-20T08:50:00.000-04:00

Ok, so I check my Google Analytics this morning, and I officially have 1000 unique visitors who have visited my blog! I would have been thrilled if it said I had 100 unique visitors. People have looked at Gabe's Guide to the eDiscovery Universe from over 30 countries around the world, including several in Europe, India, and New Zealand--yes New friggin Zealand!

Anyway, I highly, highly appreciate it. Thanks for stopping by.

Second Request Alert: So much for going steady, Microsoft-Yahoo now engaged

2008-05-19T22:20:00.000-04:00

This is a follow up from an earlier post. I am not totally certain as to the ramifications in this, since Microsoft is not going to acquire the entire company. If anyone can clarify this--Please for the love of God, comment.

From Reuters:

"Microsoft Corp (MSFT.O) has proposed to buy Yahoo Inc's (YHOO.O) search business and take a minority stake in the Web pioneer, stopping short of a full-out merger, a person familiar with the discussions said on Monday.

As part of the deal, Yahoo would sell its Asian assets including significant minority stakes in Yahoo Japan (4689.T) and China's Alibaba Group, while Microsoft would buy a chunk of what remains of the company, the source said.

The talks were revealed by the two companies on Sunday, but they declined to reveal the terms of the discussions. Earlier this month, Microsoft walked away from a proposal to acquire Yahoo for $47.5 billion, or $33 per share, after Yahoo rebuffed the offer, saying it would only settle for $37 a share.

The new deal, if completed, would forge an alliance between the two companies that would represent an alternative means of competing with rival Google Inc (GOOG.O), whose ubiquitous search engine has made it an online advertising powerhouse."

Featured Review Software: kCura Relativity

2008-05-19T17:34:00.000-04:00

From their website:

"kCura’s Relativity is a web-based litigation support platform. With a flexible workflow component and inherent native document viewing capabilities, our solution helps you manage your entire discovery project. Our software connects your client, counsel, contract attorneys, experts, and outside vendors in one solution. Our company serves some of the nation’s leading law firms by deploying Relativity in-house, as well as providing a hosted solution through our partners. Using Relativity you can:

Load, search, and display Unicode data for major foreign languages including: Chinese, Arabic, Russian, Japanese, and Korean. Allow for a potentially infinite horizontal partitioning of the system through a fully distributable architecture of all system components.
TIFF On-the-fly, which allows you to view, search, and redact documents without costly, time-consuming conversions.
Build and track workflow processes from initial review to production.
Connect your case data to clients, counsel, contract attorneys, experts, and vendors.
Securely import and export data using industry-standard load file formats.
Get running quickly in a hosted version of the software by working with our Premium Hosting Partners, or Consulting Partners.
Always access exceptional customer service from a responsive, friendly, and knowledgeable staff.

Want to learn more? Check out Relativity's Key Features."

Second Request Alert: American_Badazz_0429 would like to add you as a friend

2008-05-19T16:39:00.000-04:00

From Reuters:

"Facebook Inc founder and CEO Mark Zuckerberg stressed his company's independent spirit on Monday, after a report the social networking site might be sold to software giant Microsoft, which is hunting for ways to beef up its Internet business.

"You can tell, from our history and what we've done, that we really wanted to keep the company independent, by focusing on building and focusing on the long-term," Zuckerberg told Reuters while in Japan to launch a Japanese language version of Facebook.
Microsoft already has a small stake and the Wall Street Journal said this month the software giant, having failed in its $47.5 billion bid for Internet portal Yahoo Inc, had approached Facebook to gauge its interest in a full takeover."

Speaking of Facebook, you have to mindful who you meet onlien these days. Especially watch out for this guy.

Don't forget about our very first GabesGuide.com Unscientific-Scientific Poll

2008-05-19T14:04:00.000-04:00

EA admonished by FTC to chew quietly and slowly. Eating fast is rude, plus causes indigestion.

2008-05-19T13:46:00.001-04:00

From Joystiq.com:

"Super mega-huge publisher EA has announced a third extension of its tender offer for all outstanding shares of common Take-Two stock, pushing the previous deadline, which quietly passed by last Friday without so much as a hello, to 11:59PM EST on June 16, 2008. EA notes that as of 5:00PM EST on May 16, 2008, "approximately 6,210,261 shares of Take-Two had been tendered in and not withdrawn from the tender offer." In Take-Two's response, the publisher noted that said shares amount to 8% of the total.

The reason given for the latest extension seems to have less to do with virtuous patience and more to do with those pesky US Federal Trade Commission guys snooping around. "Extending our offer will allow the FTC review process to continue," said Owen Mahoney, Senior Vice President of EA Corporate Development, who added that the $25.74-per-share offer remained unchanged. The FTC sent EA a second request for information regarding the proposed takeover back in April."

Love that picture above also from Joystiq.

Ok, sometimes my wacky sense of humor can go over the head of say, everyone?

2008-05-19T12:31:00.000-04:00

I forget sometimes that not everyone reads up on e-discovery issues the way that I do. I have been getting a few emails about this so I thought I would address it. On my Lazy Sunday Links this last Sunday, I had written the following blurb:

Burgess also has the link for some boring book
from this thing called the “Sedona Conference.”

The remark was one of sarcasm. I am well aware of what the Sedona Conference is, and in fact I tried to go to one of their meetings last year, but unfortunately the company I worked with then would not fund it. I absolutely would love to go to one of their meetings. Just meeting the various players in the industry alone would be invaluable, irrespective of anything I would learn.

For those of you who don’t know about the Sedona Conference, the remark I made would have been the equivalent to me saying “some Christian guy is trying to sell me some boring book called the ‘New’ Testament.” That is because in the world of e-discovery Sedona is the Gospel of Matthew, Mark, Luke, and John, and any other Apostle you want to throw in there.

Here is their website. I encourage any legal professional that is going to have a future dealing with e-discovery issues to check them out.

Microsoft, Yahoo annouced that they are going steady, but not yet ready to take the plunge

2008-05-19T10:52:00.000-04:00

From Reuters:

"A potential partnership deal between Microsoft Corp and Yahoo Inc the companies revealed over the weekend may prove to be a stepping stone to an outright acquisition, analysts said on Monday.

UBS analysts said in a research note that the business discussions between Microsoft and Yahoo could be a prelude to an eventual outright acquisition offer because it was vital for Microsoft to acquire Yahoo on friendly terms.

'A near-term deal could act as an intermediate step that would go a long way toward testing the waters,' UBS wrote."

Blog from the Financial Times Boldly states what most Contract Attorneys already know

2008-05-19T09:15:00.000-04:00

From FT.com:

"To many, “e-discovery” still sounds like an internet start-up, although the term - short for “electronic discovery” - is rapidly becoming commonplace, especially in the finance world, where rogue traders and rumour mongers are prompting more focus on e-surveillance and a company’s ability to find the right electronic documents to respond to a lawsuit.

In the wake of scandals such as Jerome Kerviel’s alleged rogue trading at Societe Generale, or the aggressive rumour-mill that undermined banks including HBOS and Bear Stearns, banks are now eyeing an emerging new range of “spy software” that can even monitor instant messaging dialogue, utilising powerful computers that can read emails, listen to telephone conversations and analyse chat conversations as participants type, reports Reuters.

The software that enables the recording and monitoring of employee activity can help companies collect huge amounts of internal information - which they may increasingly need in the face of lawsuits spawned by the subprime crisis, or to meet rising regulatory demands, the report adds."

FCPA: Time to brush up on the old Arabic

2008-05-19T08:58:00.000-04:00

From The Independent:

"BAE Systems admitted yesterday that American authorities investigating corruption claims over an arms deal with Saudi Arabia had issued a series of subpoenas to senior executives, as the investigation continues to gather pace. Two bosses of the defence giant were also detained after they landed at a Houston airport last week.

BAE released a statement which said: 'The Department of Justice last week served a number of additional subpoenas in the US on our employees as part of its ongoing investigation.'"

BAE, formerly British Aerospace, is no stranger to corruption, as evidenced by that cartoon above.

Second Request Alert: It is so back on!

2008-05-18T20:40:00.000-04:00

From the AP:
"Microsoft Corp. said Sunday it is talking to Yahoo Inc. about a transaction that doesn't involve a full buyout like the software maker's $47.5 billion offer that fell apart earlier this month.

Redmond, Wash.-based Microsoft (MSFT, Fortune 500) walked away May 3 from its offer to buy the Web pioneer. Since then, billionaire investor Carl Icahn has launched an effort to oust Yahoo's board.

In a statement Sunday, Microsoft says it is considering a different kind of deal with Yahoo (YHOO, Fortune 500) as it pursues ways to improve and expand its online services and advertising business."

Yeah, by better deal, they better mean most ginormus merger ever!

Lazy Sunday Links: It’s crappy Treo picture time!

2008-05-18T18:56:00.001-04:00

Breaking news: that whole “subprime” thing is spanning a lot of lawsuits.
Burgess Computer Forensics makes the most groundbreaking statement of the year.
If you work for a bank now would be the time to clear your cache of any steamy emails or sites that may be considered “questionable.”
Burgess also has the link for some boring book from this thing called the “Sedona Conference.”
This is actually an interesting piece from the FCPA Blog as to why we need the FCPA.

So I went to pentagon city mall to get a haircut anf an umbrella, and instead I ended up buying over a hundred dollars in video games. (Jeesh, I never thought I would actually say that.) Didn't get the umbrella, nor the haircut, I know responsible, eh?

Below are some of my mall musings.

I thought this mug was rather amusing
My buddies Barack and John were there.
I would have bought this shirt if I didn't buy so many video games.
I think it is cool seeing my name on those little license plates. I never used to see my name on those things when I was a kid.

Gabe's Guide Commenters Quickly proving that they are the smartest in the world, sharpest to say the least.

2008-05-18T13:22:00.000-04:00

First we had Michelle, clearly the greatest person on Earth. Now we have Peter Catania, who mentioned this article to me in one of his comments.

"Even as Carl Icahn rallies angry shareholders to try to force Yahoo back to the bargaining table with Microsoft, one of the "strategic alternatives" Yahoo may still be trying to work out in the background is a search advertising deal with Google. There is a 60 to 70 percent gap between what Google collects for search ads and what Yahoo collects, so simply handing over a portion of its search advertising inventory to Google would boost its cash flow and profits considerably?perhaps adding as much as $1 billion or more in cash flow."

Great catch Peter, I am stunned I didn't see that earlier.

Lazy Sunday Links will be up this evening. I have to run to Pentagon city mall. Be back soon. I have to get a haircut and buy video games for my mistress. Her name is XBOX 360.

Reason #9 Why DC Rules: The Preakness

2008-05-17T18:22:00.000-04:00

Yes I know the Preakness is in Baltimore and not DC, but that is simply a 30-40 minute ride away. Just saw Big Brown win a few minutes ago. Pretty impressive. Although so was Smarty Jones and he failed to win a Triple Crown. C'mon Big Brown we need a Triple Crown winner! We haven't had one in like 400 years.

Below is my favorite Preakness, and a little history as to why here and here.

Reason number #8 Why DC Rules: The Oceanaire

2008-05-17T15:26:00.000-04:00

I know it is a chain, but Oceanaire is one of my favorite places to have a a drink or three. The people there are awesome and so is the atmosphere. The food, oh my goodness, definitely try the crab cakes, calamari, and especially the hash browns (pictured above, obviously) done in Oceanaire style with bacon and tabasco. If you are at the bar, say hi to Phil, Eric, Dom, or Kelley. They are fantastic. The service there is pretty much second to none.

The "Microsoft" of Miners about to acquire the "Yahoo" of mining

2008-05-16T15:52:00.000-04:00

From Forbes.com:

LONDON -
"As you might have expected given last week's bid expectations for Canadian steel maker Alcan, other companies in the metals and mining sector have now found themselves the subject of takeover talk. Analysts at Merrill Lynch recently suggested that BHP Billiton, the world's largest mining stock, could be an attractive target for private-equity interests, but now forecasters at Citigroup think the company would be better off just buying Rio Tinto, its nearest rival.

It might seem a little far fetched given the fact that Rio has a market capitalization of $80 billion, while BHP is worth $136 billion. But investors seemed to be hoping there was some truth the speculation, and sent Rio up 204 pence ($4.07), or 6.1%, to £35.08 ($69.93), in Wednesday afternoon trading in London. BHP was up 24 pence (48 cents), or 2.0%, at £12.09 ($24.10). It wouldn't quite be the biggest takeover of all time -- that distinction goes to AOL for buying Time Warner in 2000 for $165 billion -- but it would probably come a close second.

"Rio Tinto's strong cashflow and nominal gearing may bring it into the crosshairs of private equity, but we think BHP Billiton is a much more likely bidder given synergies and nationalistic control issue of Australian assets," Citigroup's Clarke Wilkins wrote in a research note earlier this week.

Considering Rio Tinto's sheer size, a bid at even a modest premium would need to be around $100 billion or more, and that would leave the only other miners that might conceivably buy it -- Anglo American and Xstrata, which have market values of $80 billion and $50 billion, respectively -- saddled with debt. BHP, on the other hand, has reported a hefty cashflow from operating activities of $10.5 billion for the year to June 30, 2006, and even promised shareholders it would add a massive $10 billion to its share buyback program in February.

A bid from BHP Billiton also looks compelling, Wilkins said, because of the synergies that could be achieved between it and Rio through their existing joint ventures. BHP's dual listing on the Australian and London stock exchanges, along with its being partly based in Australia, would also stand it in good stead with the Australian government since a takeover of Rio would see it gain control of the company's huge iron ore operations in Pilbara, Western Australia. Rio derives about 40% of its earnings from its mines there. "

I first received word of this from The Posse List, who had sent out an email to their DC listerv today. If you are a contract attorney anywhere in America you would be foolish not to sign up with The Posse List listservs. Their information on jobs and the market in general is pretty remarkable.

Icahn, Hedgefund Investor prepared to lay the smackdown at Yahoo Inc.

2008-05-16T13:57:00.000-04:00

From CNN/Money.com

"Carl Icahn isn’t the only big-name investor taking a big stake in Yahoo (YHOO). Paulson & Co., the hedge fund run that made a killing last year betting against subprime mortgage securities, bought 50 million Yahoo shares in the first quarter, which ended March 31, a Securities and Exchange Commission filing shows. John Paulson, the manager who made $3.7 billion last year on his timely subprime wager, made the big Yahoo purchase during a quarter in which Yahoo fielded an unsolicited bid from Microsoft (MSFT). Microsoft has since walked away from that deal, but Icahn is leading a proxy fight against Yahoo’s board, perhaps in hopes of turning up the heat for renewed deal talks. If he succeeds, Paulson stands to make a few more bucks."

DC News: And 20,000 extra square feet seems pretty smart in their world

2008-05-16T13:29:00.000-04:00

Arent Fox inks deal for 1000 Connecticut Ave. NW

Washington Business Journal - by Melissa Castro Staff Reporter

"In the largest private-tenant lease so far this year, law firm Arent Fox LLP announced today it will move its 264 D.C. lawyers one building over from its current office, becoming the lead tenant in the new building planned for Connecticut and K streets NW.

After its current lease expires in 2012, the firm will take 255,000 square feet -- eight floors -- in the Pei Cobb Freed & Partners-designed building slated for 1000 Connecticut Ave. NW. The prominent downtown corner currently hosts a quickly shrinking core of old floor slabs and center columns as demolition of the existing building proceeds.

Arent Fox signed a 17-year lease and will move from Washington Square, 1050 Connecticut Ave. NW, where it now occupies 235,000 square feet. The new lease represents a net gain of 20,000 square feet."

It's GabesGuide.com very first unscientific-scientific poll

2008-05-16T13:05:00.000-04:00

Attenex one step closer to complete world domination

2008-05-16T10:12:00.000-04:00

From Barry Murphy at Mimosa:

"Lots of chatter on the recent Kazeon / Attenex announcement that promises eDiscovery processing costs as low as $4.30 per Gigabyte. Many experienced eDiscovery folks have cried foul, citing the intricate details of eDiscovery processing and the inherent costs. C'mon folks - somewhere the twain shall meet. eDiscovery processing costs are going to come down no matter what. The technology for processing is getting better and, more importantly, organizations are starting to proactively manage much of their discoverable information (though not enough for my liking). How fast we go from $2,000 per GB for processing to less than $5 per GB remains to be seen. That debate, frankly, takes us away from the more important issues to be solve. Why? Because everyone is focused on the ability to collect and find legacy information that is traditionally unmanaged. What the focus should be on is proactively managing this information. That's right - setting retention policies, getting rid of non-necessary content; these types of actions are what will eventually lead to the elimination of processing fees. But, the legacy data messes that exist within organizations will keep processing vendors busy for quite some time."

I did not cover the Kazeon/Attenex alliance orginally for a few reasons. First this blog tries to focus more on the attorney review side of e-discovery, although I do venture into technology from time to time, because I think it is important, especially for contract attorneys, to be up on the lastest trends. The other reason is that I research a ton of websites a day on this topic, and there are countless articles on what technology vendor is partnering with who and what. I could spend all day filling the blog with info like that.

That being said, 5 bucks a gig, wow. If they can pull that off, it would definitely be pretty revolutionary.

Outsourcing: For $625 bucks Indian Publisher can tell you why you won't have a job in 2010

2008-05-16T09:03:00.000-04:00

From Bharat Book:

"The India revenues from legal services offshoring are slated to grow from $146 million for the calendar year 2006 to reach $640 million by end 2010. The industry employed around 7,500 people in the legal offshoring space in India as of end 2006. The number of employees is expected to reach 32,000 by end 2010."

"According to Arun Jethmalani, CEO, "While most vendors start by offering lower value services and gradually move up the value chain by demonstrating domain skills and gaining client confidence, there are others who focus on specific high-end services or niches." Adds Neeraja Kandala, analyst and co-author of the report, "High volume services like Document review, eDiscovery, Legal publishing as well as niche areas in Intellectual Property and Contract services will drive future growth in legal services offshoring."
Based on our exhaustive primary research and analysis of this sector, It has identified a "List of frontrunners" which includes Evalueserve, Integreon, OfficeTiger, CPA Global, Mindcrest, Pangea3 and Quislex. We have also identified ''Emerging players'' that have potential to emerge as winners within their chosen niches. These include players like LawScribe, New Galexy, SDD Global Solutions, Tusker Group, Aptara, Lason and Quattro BPO.
The report: "Offshoring Legal Services to India: An Update" provides an in-depth information and analysis of the Indian vendor space along with vendor profiles of all major and upcoming players."

Featured Attorney turned Weightloss Guru

2008-05-15T15:47:00.000-04:00

Mark is not currently a contract attorney, but neverless I thought his story was interesting to post.

Have You Gained Weight Since You Began Document Review and Discovery? Mark gained weight while doing such things as an associate at Adduci, Mastriani & Schaumberg, LLP In fact, he gained over 50 pounds in the process. After losing this weight, he launched the first in the nation executive weight loss consulting service for attorneys by an attorney (see http://www.attorneyweightloss.com/) Mark will work with you to set forth a customized and individualized program for you. He provides daily support, motivation, and personal accountability via e-mail and telephone (and in person at 1050 Connecticut Avenue, NW). His company has a 100% success rate among those attorneys committed to losing weight. He knows what it takes to lose weight while doing document review. You will find his guidance, advice, suggestions and accountability to be invaluable to your weight loss efforts.

As a courtesy to contract attorneys, he is offering contract attorneys 20% off his rates, which are posted at http://www.attorneyweightloss.com/

Reason Number 7 Why DC Rules: The DC United

2008-05-15T15:28:00.000-04:00

Although they stunk out loud the other day when they played Chicago, and despite the fact that I am not a fan of their new jerseys, the DC United are fun to watch. They are the most celebrated team in Major League Soccer (MLS) having won the MLS cup more times than any other team. They have three fan support groups that give the United one of the highest attendences in the league. The three groups are the Screaming Eagles, La Norte, and the famous or rather infamous Barra Brava.

I highly recommend taking in a game even if you are not a fan of soccer. It's good times for sure.

More are Wikipedia.

FCPA: Justice sends corrupt corporate employees to jail because they cannot send corporations

2008-05-15T12:09:00.000-04:00

From Dan Levine of The Recorder:

"By entering a plea last week for his role in bribing a British defense official, Martin Self joined a growing line of individual defendants awaiting sentencing in one of the Justice Department's major jihads.

Self is one of seven defendants across the country who have pleaded guilty and await sentencing for violations of the Foreign Corrupt Practices Act, according to data recently compiled by Shearman & Sterling. The last individual defendant to be sentenced was Steven Lynwood Head in California's Southern District last September; he got six months in prison. In Self's case, the government agreed to a guideline range that would put his prison sentence at eight months.

The government's FCPA unit began by targeting companies, and now has focused on individuals to obtain tougher penalties, said Shearman partner Patrick Robbins. He compared it to the way the DOJ's antitrust division handled price fixing.

"It raises the profile of the enforcement program, and it's the kind of thing that executives around the world read about, and react to," said Robbins, a former prosecutor in the Northern District. The Justice Department brought 10 actions against individuals last year, which is the same number it brought in 2005 and 2006 combined, Shearman found. "

Continental and United trying to elope without having to get a marriage license.

2008-05-15T11:39:00.000-04:00

From CNBC:

"United Airlines and Continental Airlines are talking about forming an alliance to gain some benefits of working together without going through a merger, which Continental rejected last month, a person close to the talks said Wednesday.

United is still pushing ahead with negotiations aimed at a combination with US Airways Group but wouldn't pursue both deals, said the person, who wasn't authorized to speak about the matter and requested anonymity. "

Off Topic: British Slaughter Houses in Panic as Monster Cow comes for revenge

2008-05-14T16:40:00.000-04:00

That Cow is Real.

Second Request Alert: Icahn to take over Yahoo, and turn it into Microsoft's obedient pet

2008-05-14T14:42:00.000-04:00

I meant to mention this this morning, but I got distracted. That is why I hate little shiny things.

From the AP:
"Billionaire investor Carl Icahn is reportedly loading up on Yahoo's (YHOO) stock in preparation for a possible attempt to shove aside the Internet icon's board and bring the company's disillusioned suitor, Microsoft (MSFT), back to the bargaining table.
As he mulls whether to lead a rebellion, Icahn has accumulated about 50 million Yahoo shares, a stake of roughly 3.6% in the company, both CNBC and The Wall Street Journal reported Tuesday. The New York Times reported the news in Wednesday's editions. The media outlets cited unnamed people familiar with the matter.
Icahn hadn't returned messages seeking comment as of late Tuesday. He faces a Thursday deadline to submit an alternate slate of directors to oppose Yahoo's board at the company's July 3 annual meeting."

Off Topic: Meet America's Sweetheart, Sue Simmons

2008-05-14T13:56:00.000-04:00

This is priceless. Wear your earphones if you are watching this at the office.

Day Number 2: Still no word from either DC Bar President-Elect Candidate

2008-05-14T13:36:00.000-04:00

I know it has only been 48 hours, but I thought one of them would have answered my email by now. I will send a follow up tomorrow if i don't hear anything.

Breaking News: E-discovery Technology Specialist Found having Good Humored Personality, and Seems Rather Normal

2008-05-14T13:04:00.000-04:00

I have been checking out this new blog Hack-igations by Benjamin Wright. Turns out he wrote a book on e-discovery so that makes him an expert. I like the site and encourage you to check it out. Lot of stuff on there about email protection and safety.

Off Topic: This is why I did not mention my four Masters and PhD

2008-05-14T10:29:00.000-04:00

No I do not have four Masters and a PhD. This is a tidbit I found somewhat interesting at a blog called Leaving the Law:

"So the question of whether to dumb down your resume came up on the Career Track chat on washingtonpost.com. Specifically, the question was whether to leave off advanced degrees.
Here’s the short version of the debate:

I was having trouble getting a job and so began leaving off my MA thinking that employers would think I’m too young to have one (I was 23). Long story short, after doing so I received 5 offers for interviews and got a job. Few months later I told my boss about that casually and he laughed and told me I never would have been hired if he knew because he would have thought I’d want too much money. Unfortunately our society punishes very educated individuals sometimes.

When you are transitioning as a lawyer to nearly any other career field, you’re going to have to tackle this beast: Employers fear that you’ll want too much money, simply because you have a JD. I definitely ran up against this. It is now easier to at least get some interviews, now that I am four jobs deep in publishing—I’ve been out of law practice so long, even the more clueless employers probably figure I can’t easily go back to practicing law.

Nerd Judge would be hot and bothered by Attenex

2008-05-14T09:59:00.000-04:00

From Leonard Deutchman of the Pennsylvania Law Weekly"

"An influential federal district judge whose opinions on e-discovery are well respected may have set e-discovery on a path toward its most searching scrutiny yet.

In Disability Rights Council v. Washington Metropolitan Transit Authority, 242 F.R.D. 139 (D.D.C. 2007), Judge John M. Facciola recommended "concept searching," -- the use of complex search engines that make use of linguistic or statistical patterning to locate responsive e-mails and electronic -documents, in order for a tardy producer of discovery to wade through voluminous electronically stored information quickly. Interestingly, Facciola made no mention of whether the use of concept searching tools should be subject to Federal Rule of Evidence 702, which governs the admission of scientific or expert testimony."

The Bratz possible secret love child of Barbie, Elmo

2008-05-13T17:12:00.000-04:00

From Bloomberg:
"Mattel Inc., the world's biggest toymaker, may add as much as $500 million a year to its revenue by winning a copyright suit against MGA Entertainment Inc. over the Barbie doll's hip urban rival, Bratz.
The maker of Matchbox cars, T.M.X. Elmo and Barbie is arguing before a California court this month that the pouty- lipped Bratz doll was conceived while designer Carter Bryant was a Mattel employee. If the jury agrees, the toy company will potentially pocket damages estimated at $360 million and, based on Mattel calculations, as much as $500 million in annual direct MGA sales and licensing fees."

Off Topic: It's Two for Triumph Today

2008-05-13T16:49:00.000-04:00

Since I posted about Triumph and the Stars Wars fans below, I thought I would throw this in as well. Enjoy.

Forbes.com list America Recession Proof Cities, but DC is not on there, because DC is not a city, it is a district.

2008-05-13T16:28:00.000-04:00

From Joshua Zumbrun of Forbes.com:
"Nationally, home prices are falling, unemployment is on the rise and the economy is expected to grow slowly--or even contract--in the first half of the year.
But some cities are doing just fine.
Take Oklahoma City, Okla. With falling unemployment, one of the country's strongest housing markets, and solid growth in agriculture, energy and manufacturing, it looks best positioned among the nation's largest metropolitan areas to ride out the current crisis."

Off Topic: You know its a bad day if the Ewoks won't even come to your rescue.

2008-05-13T13:32:00.000-04:00

WTF is going on in this world? From the AP:

HOLYHEAD, Wales — A man who dressed up as Darth Vader, wearing a garbage bag for a cape, and assaulted the founders of a group calling itself the Jedi church was given a suspended sentence Tuesday.

Arwel Wynne Hughes, 27, attacked Jedi church founder Barney Jones — aka Master Jonba Hehol — with a metal crutch, hitting him on the head, prosecutors told Holyhead Magistrates' Court.

He also whacked Jones' 18-year-old cousin, Michael Jones — known as Master Mormi Hehol — bruising his thigh in the March 25 incident, prosecutors said.
The two cousins and Barney Jones' brother, Daniel, set up the Church of Jediism, Anglesey order, last year. Jedi is the faith followed by some of the central characters in the "Star Wars" films.

The group, which claims about 30 members, says on its Web site that it uses "insight and knowledge" from the films as "a guide to living a better and more worthwhile life."

"We all love the films and what they stand for. Obviously some people are going to laugh about it," the Wales on Sunday newspaper quoted Barney Jones as saying last month. "But a lot of people do take it seriously."

Unfortunately for Hughes, his March attack was recorded on a video camera that the cousins had set up to film themselves in a light saber battle.

"Darth Vader! Jedis!" Hughes shouted as he approached.

Hughes claimed he couldn't remember the incident, having drunk the better part of a 2 1/2-gallon box of wine beforehand.
"He knows his behavior was wrong and didn't want it to happen but he has no recollection of it," said Hughes' lawyer, Frances Jones.

District Judge Andrew Shaw sentenced Hughes to two months in jail but suspended the sentence for one year. He also ordered Hughes to pay $195 to each of his victims and
$117 in court costs.

In the 2001 United Kingdom census, 390,000 — 0.7 percent of the population — listed Jedi as their religion

Well I guess that gives me an excuse to post this again>

Second Request Alert: Italian Defense Company to buy U.S. Company for $4 Billion Dollars, which is equal to now roughly 14 Euros

2008-05-13T13:15:00.000-04:00

From Bloomberg:

Finmeccanica SpA, Italy's biggest defense company, agreed to buy U.S. military electronics maker DRS Technologies Inc. for $4 billion (2.58 billion euros) to win Pentagon contracts.
Finmeccanica offered $81 for each DRS share, according to a press release issued early today in Rome. The offer was 4.9 percent more than yesterday's DRS closing price in New York of $77.19 and 27 percent more than the shares were trading before the Wall Street Journal reported the possible combination with Parsippany, New Jersey-based DRS on May 8.

Second Request Alert: HP in talks to buy EDS for $12 Bill, give or take a billion.

2008-05-13T12:31:00.000-04:00

From the AP, props again to David Johnstone:

"Hewlett-Packard Co. is negotiating to buy technology services provider Electronic Data Systems Corp. in a deal that could help the world's largest personal computer maker snap up more data management and consulting contracts.
Palo Alto-based HP and Plano, Texas-based EDS confirmed the talks Monday shortly after The Wall Street Journal reported a deal could be reached as early as Tuesday. Citing unnamed people familiar with the matter, the Journal said HP will pay $12 billion to $13 billion -- a price that translates to $24 to $26 per share."

Why Document Review Matters

2008-05-13T11:45:00.000-04:00

How cool! As I am checking the blog this morning, I happened to read someone mentioning in comments on my letter to the DC Bar President-Elect candidates that document review is not really the practice of law.

Reviewing documents is not the practice of law. Responding to a subpoena does not require lawyers. I like Gabe but he is starting with the incorrect premise that the review of documents is the practice of law. It is a different matter that the attorney on the case is ultimately responsible for the response. Futhermore, when a lay person is served with a request for documents, the lay person is not required to hire an attorney to respond to the request. So, it is false to imply that the document productions require attorneys to begin with. Attorneys are involved to begin with because the document production is part of a legal matter that they are working on but the client can handle the document production however it chooses...with or without attorneys.
May 12, 2008 5:51 PM

Frankly I am thrilled to just get a comment, whether or not that person agrees with me. Heck someone commented on my blog a while back and I was prepared to anoint her as the “Greatest Person on Earth.” That being said, I am glad Commenter 5:51 made mention of this, because it brings up the age old issue: Is document review part of the practice of law?

In regards to 5:51, I am thrilled with you commenting on my blog, and please continue to do so. That being said, I must strongly and respectfully disagree with you on the notion that e-discovery document reviews are not the practice of law. I can explain this on both a bird's eye view level and a more “nitty, gritty” detailed level as well.

First the bird’s eye view, e-discovery is exactly that--discovery, which is part of the practice of law. Now I have never asserted that you have to be an attorney to participate in the discovery process. It is clear that you do not have to be one.

What is clear is that the level of supervision for non attorneys in discovery (or any other part of the practice of law) is much stricter. Believe you me, the supervisory threshold goes far beyond the standard practice of the supervising staff attorney that counts up the number of documents reviewed each day, spot checks work here and there, and manages the progress of a particular project. After all, that is the basic standard we use for attorneys that ARE licensed in DC.

With non licensed attorneys, the supervision would be much greater. The level of quality control would be much higher than that required of DC barred attorneys, and that goes for both responsive and non-responsive documents. That is in exact adherence with the now infamous June 17, 2005 opinion from the Committee on the Unauthorized Practice of Law for the Court of Appeals of the District of Columbia.

My argument was how in the world is any law firm going be able to meet that much higher standard? We are talking about hundreds of mostly non-American licensed attorneys, who don’t have an American legal education, who are reviewing millions and millions of documents in e-discovery. The truth is that it is almost impossible to meet that higher threshold.

Can the work be mind-numblingly boring at times? Of course, but here is a breaking news flash for you--90% of the law is pretty freaking boring. Think about it. How many of you got all hot and heavy arguing Res Judicata in moot court, or was there ever a part of the hearing about parol evidence rule where you "got the vapors?"

Second, on a micro more “nitty gritty” level, in discovery you are asked to make a judgment call as to responsive or non-responsiveness of a document (that is why it is lovingly called "document review"). This is again also part of the practice of law. Albeit I grant you it is a small part, but it's still a part. Now, are you writing a brief to the supreme court? No, but you are still are making a legal judgment call, and for that you need a license or the adequate supervision from someone who is licensed.

I agree with you again in the sense that attorneys are not required to make that call and there are many non attorneys who could make that call as to responsiveness with absolute competence and accuracy. But if you are going to use non attorneys as I stated above, you are held to a much higher threshold when it comes to supervision, which I do not believe can be met.
Finally, about this in your comment:

Futhermore (sic), when a lay person is served with a request for documents, the lay person is not required to hire an attorney to respond to the request.

That is the case with any aspect of law not just discovery. You can always argue a case pro se. Frankly, in this country, you are never required to hire an attorney. If a lay person was charged with murder, he or she could absolutely defend themselves in court without an attorney. If my wife wanted to divorce me, I could argue my own case in court regardless if I had a law license or not. As an aside, I would definitely hire one though because my wife would take me to the cleaners.

What I cannot do is hire my neighbor down the street who is a plumber to represent me in court, because he does not have a license to practice law. That being said, could my neighbor the plumber, who is exceptionally smart by the way, handle discovery in my case all by himself? Of course not, although he is exceptionally smart, he would still need an attorney with a license to look over his work.

That is exactly what is happening here. For as much ethics and professional repsonsibilty our state and national bar organizations preach, they are at the same time condoning corporations and other law firms in hiring a bunch of non licensed foreign attorneys and letting them practice American law without the proper and necessary supervision that is required. In essence we are giving a license, so to speak, for hundreds if not thousands of non U.S. licensed attorneys to practice law without one.

Indian publication on Outsourcing clearly running out of material fast

2008-05-13T10:21:00.000-04:00

Wow I wasn't expecting this from my earlier post:

Subject: Your opinion in Publication
From:"PANKAJ PARNAMI" (Add as Preferred Sender)
Date: Tue, May 13, 2008 9:53 am
To:gabe@gabesguide.com

Dear Gabe,

We are the Consultants to Legal Process Outsourcing
Industry in India.

We run a publication - LPO Watch, India's first and only magazine (online) over LPO industry. It goes to 30,000 people in six business markets including India and United States.

We want to publish your Opinion - My Open Letter Concerning LPO, in the next edition of LPO Watch (sample attached) - without any compensation. We seek permission for that. It would be launched around 25th of May.

We look forward hearing you with positive reply. --
With my kindest regards,Pankaj Parnami+91 - 98107 37210KPO CONSULTANTSCONSULTANTS TO LPO INDUSTRY

No word yet from either candidate, but it is still early people. They have jobs of their own remember.

Off topic: In Hockey, Coaches make all the difference

2008-05-12T17:39:00.000-04:00

A colleague at work with sent this to me the other day. It definitely gave me a laugh. Enjoy. Be sure to watch with headphones if at work.

My Open Letter Concerning Legal Outsourcing overseas to the candidates for President-Elect of the DC Bar.

2008-05-12T13:56:00.000-04:00

William Marsh

Kim Keenan

This was an email I sent out today at 1:55 pm to both Kim Keenan and William Harris who are both candidates for President-Elect of the DC Bar.

My name is Gabriel Acevedo, and I am a DC Bar member, and currently the Director of Attorney Placement for a small legal staffing agency. I am also the owner of a blog entitled Gabe’s Guide to the E-discovery Universe, which you can find at http://www.gabesguide.com/. It is a modest blog that I have had for two months now, and greatly enjoy. So far I have had roughly 500 visitors. Although that number is fairly small, many of those visitors are DC barred contract attorneys working on document review projects all over District of Columbia.

First off, I would like to congratulate the both of you on being selected to be the candidates for President-Elect of the DC Bar. I have read up on the both of your careers and also about your tireless and often thankless service to not only the DC Bar, but also the voluntary Bar Association of District of Columbia. I feel that either of you will do an excellent job as President-Elect, and eventually President of the DC Bar.

My question to the both of you is about your opinion regarding the trend towards legal outsourcing overseas, which most recently was summed up in a Washington Post article that you can read here. I myself firmly believe in the concept of outsourcing. Outsourcing helps save money for clients and can make projects more efficient.

That being said, I am growing more and more concerned about the ethical implications of legal work that is being done in other countries, especially in regards to electronic discovery reviews. I am stunned that no state or national bar organization have been more aggressive in at the very least trying to reign in this current trend.

To further clarify my point, let’s take for example a standard litigation document review completed through some form of an electronic discovery review tool. I am fully aware that a non-licensed attorney or paralegal is fully capable of performing an e-discovery review with complete competence, and there are those out there that do. However, a non licensed attorney or paralegal must be held to a much higher level of supervision than a licensed attorney in District of Columbia.

As you know with the advent of e-discovery, many of these reviews are massive with tens sometimes hundreds of attorneys reviewing millions of pages of documents. Although some of these oversea reviews are conducted by American Law graduates with U.S. licenses, most are not. They are conducted by attorneys licensed in other countries who have never attended an American law school. Obviously, the level of supervision for these types of reviews will be much greater than had these attorneys been licensed in the District of Columbia. In these cases, how can a firm claim adequate supervision and quality control? Is said firm going to go back through not just the responsive documents, but non-responsive as well? This type of supervision is much more labor intensive so how could they accomplish this and still be cost-effective for the client?

I am proud of my membership to the DC Bar, but I also believe that there is a reason why we are given these licenses. If the Bar does not act to stop this practice of sending discovery reviews and other legal work overseas, I believe they are bordering on condoning the practice of law without a license.

I would like to know your thoughts on this matter, and what actions as a DC Bar President would you take, if any. I, of course, will be more than happy to post your answers to my blog, so at least your efforts in answering will gain you a small amount of exposure.

Thank you both for your service and commitment to the Bar, and I wish the both of you the best of luck.

Warmest Regards,

Gabriel Acevedo
GabesGuide.com

Outsourcing: Robert Denney is an honest man

2008-05-12T12:01:00.000-04:00

Philly.com conducted an interview with Robert Denney a legal consultant, which is a must read for any contract attorney out there. Much of the interview focused on legal outsourcing. HEre are the highlights:

Q: How much will outsourcing of legal work to India and other offshore sites
affect the industry?
A: That has been a very strong trend in the last few years. India became a center, and now there are other areas. It used to be just research work, but now it is document drafting, particularly for large firms, that need to drive costs down.
Q: Why are they doing this?
A: They are trying to boost their per-partner profit numbers and to
make their clients happy.
It is a combination of both. Clients are really complaining more about their rates, the hourly billing rates. But it is also another way to try and maintain profits.
Q: How reliable is a legal document drafted in Mumbai for use in the United States?
A: Many of these people are graduates of law schools, and the quality of their work is reviewed by lawyers in the United States. Whether they are drafting documents for a federal case, or for use in Pennsylvania, the law firms that
outsource this work make sure that they are well-grounded in the laws of those
venues. The quality control is done back here in Philadelphia.
Q: Do the clients know?
A: Many of them do not. Even those that do, many of them, such as corporate legal departments, also are outsourcing their work. It is the same issue for them, trying to keep costs down.

Second Request Alert: Since Oil is so cheap nowadays, Acquisition Company to acquire Energy Company

2008-05-12T11:53:00.000-04:00

From Business Wire:

"HOUSTON & NEW YORK--(BUSINESS WIRE)--Complete Energy Holdings, LLC (“Complete Energy” or the “Company”) and GSC Acquisition Company (“GSCAC”) (AMEX: GGA) announced today that they have signed a definitive agreement to merge GSCAC with Complete Energy, an independent power producer. GSCAC is a special purpose acquisition company that went public in June, 2007. The transaction values the Company at $1.3 billion and among other things will provide Complete Energy with access to the public capital markets."

Kristina Arvanitis is my Hero!

2008-05-12T11:17:00.000-04:00

That is not Kristina Arvanitis. That is the actress Helen Slater in Supergirl. I think she is trying to rescue biscuits from Popeyes in that scene.

This is a letter to the editor regarding an article from Boston.com It is an article that I had touched on earlier about how a particular staff attorney was only hiring "top notch" Boston Contract Attorneys.

May 12, 2008
IT IS with a dull anger that I read your article, "These temp lawyers are top-notch, a new firm in Boston promises" (Business, May 5), which my grandmother handed to me as I was clicking on the classifieds in a fruitless effort to find an ad for a junior-level attorney.
You see, I have four years of an Ivy League education, followed by three years of law school, and admission to the bar. In a world where someone with a doctor of jurisprudence is automatically considered to be one of the top earners in the country, the Globe frittered away the opportunity to report on the underclass of lawyers who are mired in tens (if not hundreds) of thousands of dollars in debt and count on document review to pay the bills.
Instead, the story gleefully perpetuated a "stereotype" by noting that a contract attorney is a "fancy name for recent law school graduates who are desperate for work."
And it touts the services of a staffing firm that refuses to hire recent graduates who "couldn't get a job anywhere," without bothering to interview a single contract attorney.
This recent underemployed attorney also used to be a journalist. Maybe I should have remained one, as the Globe could certainly use a refresher in one of the cardinal rules of journalism: Always examine all potential angles.

KRISTINA ARVANITIS
Medford

Now that is classic.

The ABA Journal comments on the Post Article about Outsourcing that everyone else is commenting on including us.

2008-05-12T09:40:00.001-04:00

There has been more followup from the Post article on outsourcing. I noted two other blogs that commented on it here and here.

From Debra Cassens Weiss of the ABA Journal.

"The market for outsourced legal work is booming in India. While lawyers there are doing a lot of routine work, they are also handling some interesting legal matters, including work for the makers of movies and television shows.

The legal outsourcing industry has grown by about 60 percent a year in the last three years, the Washington Post writes. A lot of the work is going to India, boosted by e-discovery rules that produce thousands of pages of documents in lawsuits that require a careful—and potentially expensive—review, ABAJournal.com noted last month.

While Indian lawyers handle a lot of document review, they also do legal research and draft contracts, said Russell Smith of the Indian outsourcing company SDD Global Solutions. Indian lawyers even did legal work on Borat and drafted a motion for HBO's Da Ali G Show seeking the dismissal of a libel suit against the show’s producers, Smith said."

Lazy Sunday Links: We laugh in the face of the Subprime Crisis.

2008-05-11T13:46:00.000-04:00

In order to make America understand the suprime crisis, economists have now starting explaining the crisis in humorous cartoons, otherwise we would never understand.

Speaking of wacky subprime humor, below is a video from Australia explaining the impact of the American subprime crisis has had on their country. Austrailia is an island country founded by the British, who liked it because they were also an island country themselves.
HSBC does not find the subprime crisis so funny

And Gangster Government and The Faculty Lounge touch on the outsourcing news article I mentioned yesterday.

Happy Memaw Day!

2008-05-11T11:58:00.000-04:00

A little history.

Mother's Day holiday, in the United States, celebrates motherhood generally and the positive contributions of mothers to society. It falls on the second Sunday of each May.
It is the result of a campaign by Anna Marie Jarvis (1864-1948), who, following the death of her mother on May 9, 1905, devoted her life to establishing Mother's Day as a national, and later an international, holiday.
In 2008, Mother's Day occurs on May 11th.

Indian Outsourcing Company with "Beyond the Dumbest Slogan Ever" proud that Indians can practice American law without a license

2008-05-10T19:51:00.000-04:00

From Rama Lakshmi in today's Washington Post:

"Indian workers who once helped with legal transcription now offer services that include research, litigation support, document discovery and review, drafting of contracts and patent writing. The industry offers an attractive career path for many of the 300,000 Indians who enroll in law schools every year. India and the United States share a common-law legal system rooted in Britain's, and both conduct proceedings in English.

The explosion of opportunity here was triggered by what are known as "e-discovery laws," a set of U.S. regulations established in 2006 to govern the storage and management of electronic data for federal court actions. Overnight, the volume of information to be stored, archived, filtered and reviewed for litigation swelled. But there were not enough affordable lawyers or paralegals to do the work in the United States.

"The new e-discovery rules sent American companies scurrying all over the place. Neither the corporates nor the law firms in America are geared to do this kind of work at short notice. And that is where the Indian players come in. We can bring together a large number of skilled lawyers in no time at all and at one-fifth the cost," said Srinivas Pingali, executive vice president at Quatrro, which also offers technical support, credit card fraud management, consumer research and architectural services for American clients, among other work."

Reason #6 Why DC Rules: Old Ebbit Grill

2008-05-10T12:16:00.001-04:00

From their website:

"Old Ebbitt Grill is just steps from The White House and museums in downtown Washington. Established in 1856, it was a favorite of Presidents Grant, Cleveland, Harding and Theodore Roosevelt and is still a popular meeting spot for political insiders, journalists, celebrities and theater-goers."

Personally I am not a huge fan of Old Ebbit myself. That being said, it is definitely one of more historical restaurants we have in the city, and I believe it deserves it props. When you visit, say hello to Tommy the bartender and be sure to try the out their famous oyster bar.

Below are some other pictures from Old Ebbit.

Off Topic: For When the Time is Right, Please don't be in an Elevator

2008-05-09T17:10:00.000-04:00

Here a funny video clip to kick off the weekend. Special shout to the guys working the Northwest side of the Delta/Northwest merger, or any other doc review in that building. I am right across L street on the tenth floor. Be sure to wave to me from your windows some time. I am in the office by myself, and it gets lonely...
Enjoy.

Indian Lawyers Fear Americans, British would practice Indian law for a fraction of their price

2008-05-09T16:06:00.000-04:00

Supreme Court of India

In an irony of ironies, there is currently a case before the Indian courts that would open up legal practice in India to foreign firms. Indians, as they should be, are very tight on who can practice law in India, and currently foreign attorneys cannot practice Indian law. That is why Howrey can not call their new office in India a legal practice. Indian lawyers for the most part are fighting the opening up of outsiders tooth and nail, because they are afraid that foreign firms could drive them out of business. However, Indians being able to practice American law in India, that perfect ok.

From Sofia Lind of LegalWeek:

"The Bar Council of India is set to visit the U.K. later this month, as the longstanding talks about opening up the country’s legal market to foreign law firms continue.

The news comes as it emerges that a crucial court case, scheduled to take place at the end of last month, has been pushed back until the summer.

The case, now due to be heard in July, was initially brought against Ashurst, White & Case and Chadbourne & Parke in 1995, when the firms set up liaison offices in India. The hearing, now set for July 16, will determine whether the Advocates Act means foreign law firms are prevented from practicing Indian law in the country or from practicing in the country at all. Whatever the outcome, it is likely that the case will be appealed."

Off Topic: There is no reason to get sick when you go drinking.

2008-05-09T15:02:00.000-04:00

Crappy weather today. Here is something that will make you laugh.

My opinion of outsourcing legal document review work to non American attorneys is the following: (Answer up to three)
	I believe it is condoning the practice of law without a license
	I believe it could jeopardize client confidentiality
	To be honest I just don't want my job taken away
	I do not consider document review as the practice of law
	I am ok with outsourcing as long as the proper supervision is in place
	Other: I will post my answer in the comments below

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Contract Attorneys: Please name your favorite review tools, you can name upto 3
	Concordance
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