Straightline Andrews Kurth

download Straightline Andrews Kurth

of 6

Transcript of Straightline Andrews Kurth

  • 7/29/2019 Straightline Andrews Kurth

    1/6

    have just nished an annual project, a time-consuming, race-

    to-the-nish-line kind of project thats eaten up most of your

    and your colleagues energy for months. And after countless

    hours of effort, months of planning and every dime of your

    budget spent, you can consider the project closed.

    But you have a nagging voice in your head telling you that,

    although it went off without a hitch and your boss is happy

    with your teams efforts, something wasnt quite right. The

    project t the textbook denition of success, but it was

    missing something.

    In short, the end result could have been so much more, butyou and your team settled for doing what youve always done,

    andat least to youit showed.

    Clearly, the project was missing a spark. And, as the teams

    leader, its up to you to create that spark. Before the next

    project comes along, then, you need to b one up on your

    innovation inspiration abilities.

    This edition of Straightline will explore how to be more

    creative in your own work and inspire creativity in others.

    Well also examine the other side of that same coinhow to

    play devils advocate when everybody else is on board with

    an idea that you believe has some gaping holes.

    Tennis provides a good analogy, Lois P. Frankel, author of

    Nice Girls Just Dont Get It, tells Straightline. If you hit to

    a players backhand corner, shes less likely to be able to hit

    it back, she says. But youre also more likely to go out of

    bounds (and fail) than if you hit to the middle of the court.

    If youre not playing your game at the edge, youre playingit too safe, Frankel says. We all reach a point in our careers

    where we can do our jobs with our eyes closed. But when youve

    been in an organization for a period of time, you have per-

    mission to go out of bounds every now and then. You need

    to do it carefully, keeping consistent with the culture, but

    you can go out of bounds every once in a while.

    If youre going to be a strong leader, you cant be in the

    middle of the eld, she says. People follow people who are

    at the edge.

    Innovation begins at home

    Creativity starts, of course, with ourselves. And when were

    already tapped out, its difcultto put it lightlyto ask

    ourselves what more can I be doing? Fortunately, creativity

    doesnt always mean more work. In many ways, it can actually

    mean less, either by nding a simpler, more efcient way to

    get a task done or by delegating it to someone who excels at

    that particular skill or who will bring her own avor to it.

    Whether youre a CEO or a dozen rungs down from there,

    whether you work in HR or engineering, you can always

    bring more creativity to your work. The end result may or

    may not revolutionize your company, but the mere act of

    asking why or why not can bring about much-needed

    change and head off stagnation.

    Actress Tina Fey, in her memoir Bossypants, says improv

    comedy offers plenty of real-world pointers on becoming more

    creative in the workplace. The rst is to agree with whatever

    your partner has created.

    So if were improvising and I say Freeze, I have a gun, and

    you say Thats not a gun. Its your nger. our improvised

    scene has ground to a halt. But if you say The gun I gave

    you for Christmas! then we have started a scene because

    we have AGREED that my nger is in fact a Christmas gun.

    2011. Produced by Andrews Kurths Womens Initiative Team.

    Womens Initiative Team09|2011 www.andrewskurth.com

    Positive Rebellion continued on page 2

    Now, obviously in real life youre not always going to agree

    with everything everyone says. But the Rule of Agreement

    reminds you to respect what your partner has created

    and to at least start from an open-minded place. Start with

    a YES and see where that takes you.

    If your company doesnt have an overall culture of en-

    couraging and rewarding creativity, youll have to work on a

    smaller scaleeither by infusing your team or department

    with a creative mindset or just yourself and another colleague.

    Some tips for nurturing creativity from

    corporate trainer Michael Kerr:

    1. Become a browser of information. Pick up ideas and

    intelligence from a variety of sources, from the Wall

    Street Journalto theLadies Home Journal.

    Getting the Best Out ofYourself and Your Team,

    Whether Its Sparking

    Innovation or Heading

    Off DisasterStraightline is a publication from Andrews Kurth

    for women, by women. We will give you the

    bottom line on womens issues, be on the front

    line for timely substantive legal topics, and serve

    as the hotline for rm news. Well introduce

    you to fresh faces at Andrews Kurth, provide a

    pipeline of topical legal updates, and promise

    to infuse some fun features, facts and resourcesalong the way. So join us for what promises to

    be Straight Talk on womens issues. No lawyer-

    speak. No double talk. Just the most direct line

    between you and our women lawyers.

    Welcome to

    Straightline

    Being boldwhether itsstriving for more creativityor speaking up when a plan

    is headed for troubleisntfor the timid.

    YOU

  • 7/29/2019 Straightline Andrews Kurth

    2/6

    From back-to-basics conditioning and everyday outdoor exercise to building

    a personal brand through social media and winning the lie you want, these

    titles provide practical advice to boost your personal and proessional ulfllment.

    2011. Produced by Andrews Kurths Womens Initiative Team.

    SidelinesPositive Rebellion

    Continued from page 1

    The rm recently earned the Lifetime Achievement

    Award presented by the Law Firm Initiative of the

    United Way of Greater Houston at the groups Thank

    You Reception & Awards Ceremony on April 4, 2011.

    The rm received the award based on its longstand-ing support of the United Way, including its history of

    total dollars raised, ongoing sponsorship of Law Firm

    Initiative events, and individual rm members service

    on the United Way board. The rm also earned The

    Law Firm Initiatives Alexis de Tocqueville Award

    for having the largest number of new Alexis de

    Tocqueville Society members this past year. Callie

    Parker (Houston)and Adam Laird led the Young

    Leaders campaign for the rm.

    Doris Rodrguez (Houston)served as a panelist

    for Doing Deals Across BordersNuts & Bolts

    of Cross-Border Transactions at the Asian Pacic

    Interest Section of the State Bar of Texas Annual

    Conference on April 16, in Austin.

    The DC ofce participated in the Greater DC Cares

    Servathon on April 16. Servathon is the largest

    community service event of the Greater DC Cares

    Organization, which has been the leading and largest

    coordinator of volunteerism in the region for 21 years.

    This years Servathon brought together 8,023 volun-

    teers, scattered across the region impacting nonprots

    and school and community-based organizations.

    Gail Merel (Houston)was honored at the national

    Working Group on Legal Opinions (WGLO) Spring

    Seminar in New York City on May 3 for her work

    as editor of 10 successive volumes of program materi-

    als for the WGLO Seminar Series. Gail once again

    served as Co-Chair of the Seminar, as well as Chair

    of the Committee on Common Qualications to the

    Remedies Opinion, and participated in meetings of

    the WGLO Steering Committee and Law Firm Ad-

    visory Board representing the Business Law Section

    of the State Bar of Texas and Andrews Kurth.

    Wei Wei Jeang (Dallas)spoke at the Spring Meeting

    of the American Intellectual Property Law Association

    (AIPLA) on the topic of Willful Infringement, Enhanced

    Damages, and Attorneys Feesthe One, Two, Three-

    Punch of Patent Litigation. The conference was held

    May 1214 in San Francisco, California.

    On May 17, Michele Schwartz (Dallas) spoke at the

    Dallas Area Paralegal Association General Membership

    Meeting in Dallas, Texas. Her presentation was entitled

    Whats So Intellectual About This Property?

    Angel Hall (Houston)participated on a panel enti-

    tled Glass Ceilings & Glass Slippers: Creating and

    Following Your Own Road Map to the Top! at the

    2011 Spring Minority Counsel Program of the ABA

    Commission on Racial and Ethnic Diversity held in

    Miami, Florida, from May 1819.

    Commentary: Little Ally McBeals All Grown Up, by

    Kathleen J. Wu (Dallas), was published in the May 23

    edition of Texas Lawyer. The article explores the evolu-

    tion of leading female television characters as lawyers,

    from the notable Ally McBeal in the 90s to the modern

    Alicia Frollick of The Good Wife.

    Vera Rechsteiner (Washington, DC)moderated apanel focused on nance at the Platts 14th Annual

    Private Power in Central America conference in Panama

    City, Panama, on June 9. Andrews Kurth was a sponsor

    of this event again this year.

    Contact information for all lawyers

    can be found at andrewskurth.com.

    1. WOMEN AT PLAYA Girls Guide to Everyday Outdoor Exercise to

    Look Good, Feel Good, Sleep Well and Be Happy

    by Joan Grifn

    2. NICE GIRLS JUST DONT GET IT99 Ways to Win the Respect You Deserve, the

    Success Youve Earned, and the Life You Want

    by Lois P. Frankel, PHD, & Carol Frohlinger, JD

    3. OUTDOOR FITNESSStep Out of the Gym into the Best Shape

    of Your Life

    by Tina Vindum

    12

    3

    4

    54. BRANDING YOURSELFHow to Use Social Media to Invent or Reinvent

    Yourself

    by Erik Deckers and Kyle Lacy

    5. LIVING THE LIFE OF YOUR DREAMSThe Secrets to Turning Your Dreams into Reality

    by Marilyn Tam

    2. Establish a no sacred cows allowed policy that challenges

    all rules, assumptions and (possibly) outdated thinking.

    3. Hold regular brainstorming meetings, and the ground

    rules are quantity over quality and no judging. Choose

    your peak brain hours to brainstorm. If youre sluggish

    at 3 p.m., dont brainstorm then.

    4. Banish Weve always done it this way from your

    vocabulary.

    5. Hold meetings in different locations (have a picnic, go

    for a walk, go to someones house, a museum, the zoo,

    etc.) to change the scenery.

    6. Ask a 5-year-old for ideas for a totally novel perspective.

    7. Give people explicit permission to be creative. Dont

    assume they have it.

    If you need a little hand-holding from experts, a number of

    smartphone apps offer daily tips and workshops for tapping

    into your creative side. The $1.99 Creative Whack Pack App

    (an app version of the popular creativity-inspiring deck of cards)

    offers tips like See the Obvious and Get Out of Your Box,

    with advice drawn from artists, philosophers, authors and

    even fairy tales. Other apps include Afrmations for Creativity

    and Creativity Portal.

    BOOK NOOK

    Are we sure about this?

    The opposite of creativity is groupthink, when conventional

    wisdom, momentum or other forces come together to shutdown innovation. While it can get things done, because

    plans go through with little opposition, it can also let mistakes,

    muddled logic or simply bad ideas bypass all lters.

    The same forces that squelch creativitysuch as inertia and

    traditionalso contribute to groupthink. But its one thing

    to have a no-holds-barred brainstorming session with your

    colleagues and quite another to be the only voice in the room

    pointing out a fatal aw in a major corporate initiative.

    How do you go from harboring reservations to asking Are

    we sure about this? Lois Frankel suggests taking a tip from

    Washington and do some lobbying to get support from key

    inuencers before such a meeting. Women, she says, should

    make a particular effort to get support from men as well as

    women, lest it become a female initiative and potentially

    dismissed by those in power.

    In addition to lobbying, it pays to choose your words carefully.

    Rather than I dont think this can work or similar objections,

    use less accusatory phrases, such as Have we thought of this

    scenario? And, nally, if youre going to raise an objection,

    be ready to offer at least a couple of solutions, so youre seen

    as a problem-solver and not merely a contrarian.

    Ultimately, Frankel says, you have to decide if this is the hill

    youre willing to die on.

    If not, you may need to retreat for now, she says. It

    doesnt mean youve lost the war. Sometimes when you back

    off, doing so enables you to regroup. Now you know what

    peoples objections are and you can collect more data. Now

    you know who is on your side and who isnt.

    Being boldwhether its striving for more creativity or speak-

    ing up when a plan is headed for troubleisnt for the timid,

    its crucial to bringing out the best in yourself and others.

    64 creativity strategies that

    will provoke and inspire your

    thinking. Contains many,

    many more stories, examples,

    illustrations and questions.

    In addition, it has features

    such as a Whack of the

    Day, creative workshops

    and an in-depth index for

    quick strategy retrieval.

    Creative Whack Pack App

    continued on page 3

    Loosen Up

  • 7/29/2019 Straightline Andrews Kurth

    3/6

    Its never too early to start your holiday list. These fnds will spark your giting spirit.

    9

    2011. Produced by Andrews Kurths Womens Initiative Team.

    Sidelines

    Holiday Gift Preview

    Top of the LineThe Washington, DC ofce participated in the American

    Heart Associations Lawyers Have Heart on June 11.

    Since 1991, the group has raised over $4.3 million, and

    has featured thousands of Washington area private and

    government lawyers, members of the Administration,Congress and the judiciary, legal assistants, law rm

    administrators, legal secretaries, law students and mem-

    bers of the general public. This year the event drew

    over 5,000 participants. The Andrews Kurth team,

    which participated in the 10K run and 5K fun walk,

    included Leasa Anderson, Charles Crout, Shemin

    Proctor, Lisa Purdy, Bill Rappolt and several guests.

    Christine York (Houston) presented to the nursing

    staff at Memorial Hermann Baptist Orange Hospital

    on June 16, and the nursing staff at Cypress Fairbanks

    Medical Center on June 23. Avoiding Documenta-

    tion Pitfalls discussed proper nursing documentation,

    how to avoid common documentation errors, and how

    proper documentation can help protect nurses from

    being named in a lawsuit. Christine also did a mock

    deposition presentation for the nursing staff at Cypress

    Fairbanks Medical Center.

    Andrews Kurth sponsored and hosted a reception on

    June 29 for the 2011 BIO International Convention

    attendees from around the world. BIO is the largest

    global event for the biotechnology industry, attracting

    the biggest names in biotech and providing insights

    and inspiration on major trends affecting the industry.

    More than 500 people attended the reception, hosted

    by David Concannon, Greg Porter, Matt Lyons, Andy

    Tucker, Ping Wang (Washington, DC), Sean Wooden

    and Michael Ye.

    Andrews Kurth clients, attorneys and summer associates

    gathered on July 14 to hear noted civil rights era gure

    Clarence B. Jones recount the tumultuous years he spent

    as a close advisor, condant and speechwriter for Dr.

    Martin Luther King, Jr. Jones spoke about his experi-

    ences during the U.S. civil rights movement, including a

    thrill ing account of the hours leading up to Dr. Kings

    historic I Have a Dream speech. Jones is the author

    of Behind the Dream, a personal memoir of the

    planning for the 1963 March on Washington and the

    close relationship he shared with Dr. King.

    On June 24, the rm hosted a reception for a highly

    enthused cohort of high school students sponsored by

    Just the Beginning Foundation, an organization devoted

    to broadening the horizons of high school students

    interested in law. Prior to the reception, Elizabeth

    Campbell (Houston) conducted a session with the

    12 students on rsum writing, interviewing skills andnetworking. The subsequent reception provided the

    students an opportunity to practice networking as they

    interacted with rm attorneys and three federal judges.

    Eden Burgess (Washington, DC) has been appointed a

    Professorial Lecturer in Law at The George Washington

    University Law School. She will be teaching a seminar

    entitled Art, Cultural Heritage and the Law starting in

    Spring 2012.

    Robin Russell (Houston)was appointed by the

    Chief Judge of the Fifth Circuit to serve on the Merit

    Selection Panel for a Bankruptcy Judge for the Southern

    District of Texas to ll the vacancy created upon the

    retirement of Judge Wes Steen. Circuit Judge Jerry

    Smith and District Judge Melinda Harmon served onthe panel with her. They were tasked with reviewing

    the applications and writing samples of 26 applicants,

    interviewing the top 10, and writing a report to the

    Fifth Circuit Judicial Counsel with their recommen-

    dations. The new judge was announced at the recent

    Fifth Circuit Judicial Conference.

    6. FOR THE HOMEHampton Links Collection, $58$475

    by Jill Rosenwald at jillrosenwald.com

    Graphic and colorful, each handmade piece combines preppy

    colors with the lines of Moorish architecture. A unique andbold addition to any mantel, shelf, ofce or counter.

    7. FOR THE FOODIETrufe Gift Box, $49

    by Gourmet Attitude at gilttaste.com

    A triple foodie threat for both the fanatical connoisseur and

    the trufe novice, this gift box offers olive oil, balsamic vinegar

    and honey, all infused with the alluring fruit of the earth.

    8. FOR THE ACCESSORY QUEENBuckle Bracelet Collection, $69$110

    by Leighelena at leighelena.com

    Designer Leigh creates unique arm candy with quality leathers,

    silver and a variety of skins. Available in several sizes.

    9. FOR THE SWEET TOOTH

    The Cult Classic, $35by Liddabit Sweets at liddabitsweets.com

    Born in Brooklyn of two self-proclaimed sweet tooths, enjoy a

    tasty selection of favorite treats. Each gift box features one each

    of the following: King bar, Snacker bar, 3.6-oz bag of Milk

    Chocolate Honeycomb, and 6-packs of the famous Sea Salt

    and Beer & Pretzel Caramels.

    10. FOR THE READERClassics, $24$35

    by Postertext at postertext.com

    When the love of words spills into more than space on a

    bookshelf, hang a favorite classic on the wall with the entire

    text of the book wrapped around a notable scene sketched

    from the plot.

    1. FOR THE LOUNGERThe Original His is Hers Shirt, $98$133

    by Claridge + King at claridgeandking.com

    Tailored yet roomy, for a feminine twist on the classic dress

    shirt. Finished with mother of pearl buttons and rounded cuffs.Add a monogram for a personalized touch.

    2. FOR THE KIDSCustom Personal Stamp, $19

    by Modern Art Stamps at modernartstamps.com

    Kids of all ages can personalize goods from stationery to gift

    tags and books with their stamp of approval. Each character

    feature, including hair, accessories and name, is custom.

    3. FOR THE PAPER LOVERCard for All Occasions Box, $98

    by Sugar Paper at sugarpaper.com

    The pretty paper box is not just for recipes anymore. This one

    in white lacquer with dividers provides cards at a moments

    notice. The box includes 5 letterpress cards, one in each of 5

    categoriesBirthday, Thank You, Love, Baby and This & That.

    4. FOR HIMVictorinox Secure 32GB Flash, $247

    by Swiss Army at swissarmy.com

    Gadgets galore in less than 3 inches. This small wonder includes

    a blade knife with scissors and screwdriver, a nail le, an LED

    ashlight, a retractable ball point pen and 32 GB of le storage

    preloaded with security software and password protection.

    5. FOR THE TRAVELERThe Weekender Tote, $195

    by Death and Texas at dntx.us

    Inspired by Texas roots and Brooklyn life, the combination of

    vegetable-tanned leather and blue-and-white striped cotton

    ticking strikes a balance of durable and rened.

    continued from page 2

    1

    23

    4

    6

    7

    8

    10

    Contact information for all lawyers

    can be found at andrewskurth.com.

    5

  • 7/29/2019 Straightline Andrews Kurth

    4/6

    swithmost

    modernelectronicadvancements,cloudcomputinghasswiftly

    becomeaforcethatcompaniescannotignore.Itsadoptionand

    evolutionwillcontinuetogrowexponentially,asbusinesses

    embraceitspotentialtostreamlinecorporatedataandtame

    ITbudgets.Manycompaniesalreadyrelyoncloudcomputing

    foratleastsomepartoftheiroperations.Howeverdespite

    itsmyriadbenetswithoutaclearunderstandingofits

    potentialrisksandadecisiveplantoprotectacompanysassets,

    informationandintellectualproperty,cloudcomputingcan

    posesignicantlegalrisks.Followingaresixcommonmistakes

    companiesshouldavoidwhenadoptingthisnewtechnology.

    1. Not Knowing Cloud Concepts ThetermcloudisametaphorfortheInternet.Thecloud

    createsavirtualinfrastructurethatcanreplaceinwhole

    orinpartacompanystraditionalservers,networkdevices

    andhardware.TheofcialdenitionfromtheNational

    Instituteof StandardsandTechnologyis:amodelfor

    enablingconvenient,on-demandnetworkaccesstoashared

    poolof congurablecomputingresourcesthatcanberapidly

    provisionedandreleasedwithminimalmanagementeffort

    orserviceproviderinteraction.Inotherwords,thecloudis

    likeasuper-computerpoweredovertheInternet.

    Cloudcomputingallowsuserstotakeadvantageof dynamic

    scalability,sharedinstancesof softwareapplications,andonline

    dataandservicestoaccomplishcomputingtasksandstoredata.

    Further,datasecurity,databackup,andprocuringandmain-

    taininghardwareandsoftwarearetakenoff theusershands

    anddoneinthecloudviathird-partyserviceproviders.When

    usingvendors,datasecurityandprivacyarelegitimate

    concerns.However,securityinthecloudmayactuallybe

    better guarded,ascloudprovidersareusuallyabletodevote

    moreresourcestosecurityissuesthanthetypicaluser.

    2. Not Knowing How Your Company Uses the Cloud Therearemanywaysacompanycantakeadvantageof

    cloudcomputing.Cloudprovidersofferhardware,networks,

    storage,servicesandinterfacestoitsusers.Forexample,one

    companymayuseemailserversandapplicationsinthecloud

    foritsinternalandexternalemailservices,whileanother

    companychoosestousedatastorageandapplicationsoftware

    offeredbythecloudprovider.Cloudcomputingwillfacilitate

    moreefcientoutsourceddatahandling,butbusinessesturning

    overdatatothird-partyvendorsalsoloseadegreeofcontrol

    overtheirsensitiveinformation.Itisimportanttoknowas

    muchaspossibleaboutwhatclouddatayouandyourcompanycontrol,andtounderstandhowtoaccess,manageandulti-

    matelydisposeof thatdata.

    3. Not Knowing What Is in Your Contract

    with Your Cloud Provider Yourcontractwithyourcloudproviderdenesmany

    importantaspectsof therelationship.Well-executedcloud

    computingagreements,licensingstructuresandcontract

    termswillprovidecomprehensiveprotectionforyourbusiness,

    yourassetsandyourcustomers.

    600TravisSuite4200Houston,Texas77002713.220.4200Fax:713.220.4285

    www.andrewskurth.com2011

    FRESH

    FACESWith much excitement, we welcome thesenew lawyers to the Andrews Kurth team.

    Kaylan Dunn, Houston

    KaylanDunnhasjoinedthermas

    anAssociateintheLitigationsection

    of theHoustonofce.Kaylanwasa

    memberof theSouth Texas Law Review.

    In2010,sheworkedasaSummer

    AssociateinthermsHoustonofce.Kaylanearnedher

    J.D.,summa cum laude,in2010fromSouthTexasCollege

    of Law.ShereceivedherB.B.A.,magna cum laude,inMar-

    ketingfromTexasChristianUniversityin2004.

    Leslie Oguchi, Houston

    LeslieOguchihasjoinedthermasan

    AssociateintheCorporatesectionof

    theHoustonofce.Leslierepresents

    domesticaninternationalcompanies

    andprivateequityrmsonavarietyof

    corporatetransactions.Herprinciplefocusismergersand

    acquisitions.LeslieearnedherJDin2010fromCornell

    LawSchool.ShereceivedherBBAin2007inMarketing

    andPoliticalSciencefromtheUniversityofNotreDame.

    Keyprovisionsshouldinclude:

    Proceduresdictatinghowandwhenthecloudprovider

    respondstoasecuritybreach,intermsof notication,

    investigationandremedy.

    Provisionssettingforthhowandwhenthecloudprovider

    respondstolegalprocesssuchascomplaints,subpoenas

    orotherrequestsforyourcompanysdata.

    Policiesfordataretentionanddestruction,includinghow

    soonyourcompanysdatawillbewipedoff theservers

    whenthecontractterminates.

    Indemnicationprovisionsthatprotectandholdyour

    companyharmlessifthecondentiality,securityorother

    keyprovisionsarebreachedbythecloudprovider,its

    subcontractorsorothers.

    4. Not Consulting Your Cloud Provider as Soon

    as You Get a Subpoena or Are Sued Companiesarerequiredtopreserveandproduceelectroni-

    callystoredinformation(ESI) aspartof theirresponseto

    litigation,regulatoryinquiriesandsubpoenas.Youshould

    deviseaclearprocessfornotifyingyourcloudproviderinthe

    eventtheymustassistwiththeimplementationof alitigationholdtheactof holdingfromchangesordestructionall

    informationthatisthesubjectof pendingorpotentiallitigation

    orinvestigation.

    TheFederalRulesofCivilProcedure,theguidelinesthat

    governcivillegalactions,includeimportantguidelines

    aswellassomeprotectionsforcompaniesusingthecloud.

    Forexample,Rule34(1)canrequireanypartyincustody

    orcontrolofelectronicinformationtoproducethedataif

    requestedaspartofalegalaction.Courtsdonotcurrently

    makeanymaterialdistinctionbetweendataresidingbehind

    anenterpriserewallanddataresidinginthecloudonaserver

    thatisphysicallyonanothercontinent.Therefore,if acompany

    hasthelegalrighttocontroltheinformation,itcannot

    shirkitsresponsibilityunderRule34.

    5. Not Knowing the Availability of a Safe Harbor Rule37(e)oftheFRCPstatesabsentexceptionalcir-

    cumstances,acourtmaynotimposesanctionsunderthese

    rulesonapartyforfailingtoprovideelectronicallystoredin-

    formationlostasaresultoftheroutine,good-faithoperationofanelectronicinformationsystem.Inotherwords,acompany

    isprotectedif itenactedmeasurestoprotectitsdatayetisstill

    unabletoproduceitduetocircumstancesbeyonditscontrol.

    ThisprotectionappliestoESIstoredinthecloudinthe

    samewayitisappliedtoon-premisessystems.However,itis

    imperativethatcompaniesdevelopandimplementastrict

    recordsmanagementandretentionpolicyandtrainallem-

    ployeesontherelevantprocedures.Withoutapolicyinplace,

    itwouldbedifculttondcalmseasinthesafeharbor.

    6. Not Knowing About a Clawback Agreement Inlitigationinvolvingglobalcompaniesandalarge

    volumeof ESI,thepar tiesmayenter intoa clawback

    agreementtospeeduptheproductionofdocuments.The

    clawbackagreement,nowpartoftheFCRP,isacontractual

    agreementbetweenbothlitigatingpartiesdesignedtooffer

    corporationsasafeguardagainsttheinadvertentdisclosureof privilegedinformation.Thismeansthatifadocument

    isunknowinglyorunintentionallyprovidedtotheopposing

    party,itdoesnotautomaticallyconstituteawaiverof privilege.

    Further,theproducingpartymayrequestthereturnofthe

    document(clawitback)andtheotherpartymustcomplyby

    returning,sequesteringordestroyingtheprotecteddocument.

    Therequestingpartyisthenbarredfromusingtheprivileged

    documenttofurtherhiscompanyscase.

    StraightlineEditor in Chief:Kathleen Wu,[email protected]

    Editorial Board:Donna Kim

    Shemin Proctor

    Laura Trenaman

    Formoreinformation,pleasecontact

    CourtneyCulverat214.659.4689

    [email protected].

    The Top Six Blunders in Dealing with the Cloud

    Well-executed cloud computingagreements, licensing structuresand contract terms will providecomprehensive protection for

    your business, your assets andyour customers.

    Team WITCo-Chairs:Bob Jewell, [email protected]

    Meredith Mouer,[email protected]

    Advisory Members:HowardAyers

    CourtneyCulver

    BrittanyThompson

    TammyBrennig

    ElizabethCampbell

    MartyDeBusk

    DeborahGrabein

    AmyHancock

    DonnaKim

    KendallLowery

    PeterMcKee,Jr.

    ThomasPerich

    SheminProctor

    RobinRussell

    MicheleSchwartz

    LisaShelton

    LauraTrenaman

    KathleenWu

    Members:

    A

    Wei Wei Jeang, Partner

    Follow us on Twitter @twitter.com/andrewskurthllp

    Like us on Facebook: AndrewsKurthLLP

    Climb to New SitesRUNKEEPER PRO runkeeper.comTheRunKeeperProrunningappletsyoutrackyourworkout

    performanceovertime,usingyourphonesGPS,whilecon-

    nectingwithfriendstomakeyourworkoutssocial.Purchase

    theproversiontoraceagainstyourbesttimes.

    CARDIO TRAINERworksmartlabs.com

    COUCH TO 5Kc25k.com

    DAILY BURNdailyburn.com

    FITNESS BUILDERftnessbuilder.com

  • 7/29/2019 Straightline Andrews Kurth

    5/6

    If theywobble,theyregreatforbalanceandstability,

    shesays.Sitdownanddosomeabworkandcrunches,or

    usethemtodoapush-up.TheyrejustlikeaBosuballora

    wobbleboard.

    Louisalsosuggestsbringingamattogetinsomeyoga

    orPilatesmovestoworkyourcoreanddosomestretches.

    Whetheryouadheretoastructuredworkoutphilosophyor

    youtakeamoreplayfulapproach(oryouelecttocombine

    thetwo),usecommonsensewhenexercisingoutside.Choose

    attireappropriatetotheweather(asGrifnsays,Theres

    nobadweather,onlybadclothes.)andmakeyourpersonal

    safetyapriority.Stayoutofdodgy,unfamiliarorremote

    areas,particularlyif yourealoneoritsdark,andalways

    carryIDandaphone.

    Afterafewweekssweatingitoutinthefreshair,youmay

    besot,focusedandhappythatyoudontevennoticethe

    dogpoop.

    The great outdoors offers an array of physical challenges

    Work Out or Play Out?

    Therearetwoschoolsofthoughtonhowtoapproach

    exercisingoutdoors.Onephilosophy,favoredbyJoanGrifn,

    authorof WomenatPlay:AGirlsGuidetoEveryday

    OutdoorExercisetoLookGood,FeelGood,SleepWell

    andBeHappy,istostoplookingatitaswork.

    Grifnarguesthatweshouldexercisethewayweshouldeat:

    locally,seasonallyandinmoderation.Andjustaswithfood,

    weshouldenjoyourexerciseasclosetonatureaspossible.

    Duringwarmermonths,enjoywarmweathersportslike

    tennis,soccer,bikingandrunning.If youliveinacolder

    climate,scheduleyourwinterworkoutsaroundcross-country

    skiing,iceskatingonfrozenpondsoranythingelsethatgets

    yououtside. Onceyougetusedtoexercisingoutside,Grifnsays,

    youlllearnthatgoingoutsideisnotjustmorefunthan

    goingtothegym,butanecessaryantidotetothepressures

    of everydayindoorlife,whetherathomeoronthejob.

    Thekey,Grifnsays,ismixingitupandnotbecoming

    tooentrenchedinanyoneactivity.Doingoneactivitytoo

    frequentlyincreasesthechanceof injuryandburnout,

    whereasbeingacasualparticipantinwhateveractivityyou

    happentobedoingatthetimekeepsitfunandsomething

    youllwanttocomebackto.

    Alongthoselines,adultrecreationalsportsleagueshave

    pickedupsteaminrecentyears,withgameslikekickball

    anddodgeballgainingcountlessdevoteesacrossthecountry.

    The Playground Circuit

    If youpreferamorestructured,goal-orientedworkout,taketheapproachsuggestedbyexpertslikeTinaVindum

    orLoriLouis,aformerrealestateexecutivewhospecializes

    increatingoutdoorworkoutsforherofce-boundclients.

    Louistypicallybuildscircuitsforherclients,eitherusing

    inexpensivepropslikeresistancebands,jumpropesand

    lightdumbbells,orambientprops,likeparkbenches,

    sturdytreebranches,bleachersorplaygroundequipment.

    Theidealcircuitworkout,shesays,includescardio,strength

    trainingandcorework.Herclientsspendjust1-2minuteson

    eachactivity,andtheydothecircuit2-3timesinanhour-long

    workout.Theintervalaspectofthetrainingmakesforagreat

    anaerobicworkout,whichincreasesenduranceandspeed.

    Acircuitmayincludeaminuteeachof jumpingrope,push-

    ups,squats,lungesandotherexercises.Onaplayground,she

    incorporatessteps,monkeybars(greatforchin-upsand

    pull-ups)andanythingelseshecannd.Oneof herfavorite

    parkfeaturesarethelittlemushroomsteps.

    1

    6

    5

    Take It Outside

    W

    1. EXERSOCKSby Crecent Moon, $10 at crescentmoonyoga.com

    Ahygienicsolutionforavarietyof matworkoutsincluding

    yoga,Pilatesandbarre,providingtheanti-bacterialprotection

    of asockandthenon-slipprotectionofasneaker.

    2. EKO SUPERLITE TRAVEL MATby Manduka, $39 at manduka.com

    Combinessuperiorgripwithlightweightportabilityandeasily

    foldsintosmalltravelspaces.Takeitwithyouanywhere.

    3. TENNIS BAGby Adidas by Stella McCartney, $225 at zappos.com

    Withbothstyleandfunction,youresetforanymatchwith

    thisbag.Bigenoughtocarryyourtennisshoes,awater

    bottleandanextrachangeof clothes.

    4. CUSTOM ENERGY BARSby Element Bars, $30$60 for 12 at elementbars.com

    Buildabetterbar.Homemadeenergyandendurance

    snacks,customcreatedbyyoutoyourtaste,needsand

    specichealthbenets.

    5. FIVEFINGERSby Vibram, $75$125 at vibramfvefngers.com

    Jointhebarefootingrevolution.Whetheradevotedrun-

    neroranoutdoorenthusiast,experienceamorenatural,

    healthierandmoreefcientforefootstrike.Majorsupport

    andprotection,minimallyinvasivetoanystride.

    6. FITNESS TRAINING WATCHby Suunto, $200 at suunto.com

    Large,crisp,easy-to-readfacedisplaysdetailedinformation

    includingheartrate,real-timeintensityguidanceandgoal

    trackingtiedintotrainingprograms.

    Some Other Tips to Maximize

    Your Outdoor Workout

    Goal!

    Youth teams in just about every city need referees, and

    some sports, such as soccer and lacrosse, require an

    awful lot of movement out of their refs. If youre already

    in decent shape, serving as a referee can be a great way

    to stay t while helping out young athletes (and maybe

    even making a small stipend too). To nd out if leagues

    in your area are looking for refs, do an internet search

    that includes your city, the sport and referee.

    Go High-TechSmartphone apps can help track the mileage, speed,

    elevation and other aspects of your workout, and record

    your routes to help you remember your favorites.

    Some popular apps include Motion X, iMapMyFitness

    and RunKeeper Pro.

    Keep America Beautiful

    Break a sweat while cleaning up lakes, beaches, and

    playgrounds. There are more than 600 Keep America

    Beautiful afliates nationwide, and you can nd your

    closest one at KAB.org. If theres not a KAB afliate in

    your city, chances are theres a school, nature area, rec

    center or other organization that can use some help.

    Community Garden

    Gardening can be a great workout, and community

    gardens need help harvesting, composting, weeding,

    mulching and lots of other chores that can give your

    core, glutes and lats the workout they so crave. Even

    if you dont have a plot at the community garden in

    your area, chances are they will welcome some strong

    hands to turn the compost.

    hethertheresnogoodgym

    nearbyoryoujustpreferthefreshair,exercisinginthegreat

    outdoorsisaworthyalternativetosweatingitoutinside.

    Butbesidestheusualsuspects(running,walkingandbiking),

    howcanyougetinarealgym-styleworkoutwithoutheading

    tothegym?Andwhyshouldyouriskthetrafc,uneventerrainanddogpresentswhenyoucouldbeinanicegym

    withcentralheatandair?

    Letsstartwiththewhyrst.

    The Benefts o Exercising Outside

    Changeofpace:Chancesareyouworkinsideallday,

    so,if nothingels e,exercisingoutside givesyouabreak

    fromwalls,mechanicalhumsandco-workers.Ourbrains

    literallycravenewenvironments,andourneuronsgetlazy

    whentheirsurroundingsaremonotonous.Tradinginthe

    treadmillforthewoods,orevenaneighborhoodwalking

    trail,mixesitupandgivesyourbodyandmindaworkout.

    Cleanerair:TheEPAestimatesthatindoorairistwice

    asdirtyasoutdoorair,eveninpollutedcities.Soyougive

    yourlungsabreakwhenyouheadoutdoors.

    Endorphinsup,anxietydown:Onestudyshowedthat

    regularoutdoorrunnerswerelessanxiousthanpeoplewho

    ranindoorsonatreadmill,andtheyhadhigherendorphin

    levelsthantheirindoorcounterparts.

    Getnurturedbynature:FitnessexpertTinaVindum,

    authorof OutdoorFitness,sayswhenshemovedher

    workoutsoutside,shenoticedanincreaseinmymental

    focusandsharpness,asenseof emotionalstrength,and

    agreaterwell-beingthatinfusedmewithapost-workout

    calmandcenterednessIhadneverquiteachievedbefore.

    VitaminD:OurbodiesaredeprivedofVitaminDwhen

    westayinsideallday,butevenafewminutesinthesuncan

    helpclosethatgap.SeveralstudieshavelinkedVitaminD

    withareducedrateof certaincancersanddiabetes,aswell

    asimprovedmoodandimmunefunction.

    3

    2

    4

  • 7/29/2019 Straightline Andrews Kurth

    6/6

    BettyWhitewasright:Facebookisahugewasteoftime

    if youspenditplayingFarmvilleortalkingaboutcelebrity

    miscreants.ButFacebookanditsmoresober-mindedcousin,LinkedIn,caneitherbeawasteoftimeoravaluablenetwork-

    ingtoolforprofessionals.

    Socialmediahasclearlyrevolutionizedthewaywecommu-

    nicate,bothpersonallyandprofessionally.Anddespiteallthe

    obviouspitfalls(whichthemerestbitof commonsensecould

    headoff;justaskWouldIwantmybossorgrandmotherto

    readthispostorseethispicture?),itprovidesprofessionals,

    entrepreneursandbusinessownersanunparalleledplatform

    topromotethemselvestoanever-growingaudienceof clients,

    potentialclients,potentialemployersandreferralsources.

    If youloathesocialmediaandwantnothingtodowith

    it,quitreadingnow.Dittoifyoualreadyhave30,000Twitter

    followersandmoreopportunitiesthanyoucanhandle.But

    if youresomewhereinthemiddleyouveconnectedwith

    friendsandclassmatesonFacebookandyouhaveamiddling

    LinkedInprolebutdontknowwhattodonextorwhy

    readon.

    Socialmediaallowsyoutopromoteyourself toawider

    audiencethanyouwouldevermeetthroughpersonal,face-

    to-facenetworking.Youstillneedtobeengaging,competentandconscientioustoclosethedeal(whateverthatdealis),

    butsocialmediagivesyouafoot inliterallythousandsof

    doorsyoudidntevenknowexisted.

    And,increasingly,largecorporationsvetpotentialem-

    ployeesandvendorsonlinepresencebeforehiringthem

    orsendingthembusiness.Obviously,youdontwantyour

    onlinepresencetodissuadethem(hencetheneedtogrand-

    mother-andboss-proofallyourpostsandphotos),butthe

    best-casescenarioisthatyouronlinepresencewowsthem

    withsolidcommunicationskills,demonstratedsubject-matter

    expertiseandmarketingchops.

    Butwhatifyourealreadyhappilyensconcedinajob

    youloveatacompanyyourespect?Youstillwanttobe

    seenasanexpertandinuencerinyoureld,justincase

    youreupforapromotionoryougetlaidoff.

    Evenif youalreadyhaveasolidnetworkofprofessionals

    whoknowyouandwouldhireyougiventhechance,social

    mediagivesyoutheopportunitytotouchbasewiththemfrequentlyandcasuallywithoutthetime,expenseandcalories

    of goingouttolunchordinnerwiththemonaregularbasis.

    Socialmediaisntasubstitutefortheface-to-face,carbon-

    basedrelationshipsonwhichbusinessisbuilt.Itsmerelya

    verypotentcomplementtothoserelationships.Simplyletting

    yourprofessionalnetworkknowthatyoujustreturnedfrom

    abigprojectinDubaiorclosedadealinAllentowngives

    themanotherpointof referenceandkeepsyoutop-of-mind.

    Sometipsformaximizingyoursocialmediapresence:

    FacebookasaCocktailParty Onelawyerwhousessocialmediaextensively(andsuccess-

    fully)inherprofessionalmarketingsaysshetreatsFacebook

    likeacocktai lpartyforwork,sincemanyof herfriends

    arejudges,colleaguesandreferralsources.Whilesomeof

    herpostsarepersonal(althoughneveroverlypersonal),she

    alsousesthesitetopostupdatestoherblogandcommentondevelopmentsinthelaw.Iuseittoappearauthoritative

    andtomakepeoplethinkofmewhentheywonderabouta

    legalissue,shesays.

    DontJustSelf-Promote Yourgoalistobeseenasanexpertinyoureld,soif you

    readanarticlethatrelatestoyourareaof expertise,postitto

    yourLinkedInandFacebookpages(or if youuseTwitter,

    tweetit)andaddyourvaluabletwocents.Bejudicious,

    though.If youpostmorethanonceortwiceaday,yourpro-

    fessionalcontactswillwonderwhyyouhaveallthatfreetime.

    MaximizeYourLinkedInProle RecruitersandcompaniesuseLinkedInextensivelyto

    ndjobcandidates,somakesureyourproleiswell-written

    andincludesanykeywordsrelevanttoyourchoseneld.Thosekeywordsshouldbeusedfrequentlythroughoutyour

    prole,particularlyinyoursummary.

    Yoursummaryisoneof themostimportantpartsofthe

    prolebecauseitisindexedbythesearchengines.Itshould

    bewritteninrstpersonandshouldincludekeywords,your

    skills,yourexperienceandwhatdifferentiatesyoufromothers.

    AskforRecommendations Thisisthehardestpartforsomepeople,butaLinkedIn

    proleisntconsideredcompletewithoutthreerecom-

    mendations.Ideally,thoserecommendationswillalsoinclude

    keywordsrelevanttoyoureld.

    BringInConnections IncludealinktoyourLinkedInproleinyouremail

    signatureline.Tocreateacustomizedlink, insteadof theonethatLinkedInautomaticallygenerates,gotoedityour

    proleandclickoneditnexttoyourpublicprole.

    Fromthere,clickoncustomizeyourpublicproleURL

    ontheright-handsideofthepage.

    If youremoreambitious,tryyourhandatbloggingand

    Twitter(youcanconnectyourLinkedInstatusupdatesto

    Twitter,therebyhittingtwoaudiencesatonce).Buteven

    justus ingFacebook andLinkedIn,thetwomostpopular

    socialmediatoolstoday,candramaticallyincreaseyour

    publicproleallwithaminimalinvestmentof yourtime

    andaliterallynon-existentnancialinvestment.

    Yournextjob(orclient)mayverywellbewaitingforyou

    toshowuptotheparty.

    Social Media for Non-DummiesA guide for smart, accomplished people who dont aspire to being Lady Gaga

    or Ashton Kutcher but who nevertheless want to maximize their use of social media

    Betty White, in her Saturday Night Live monologue,

    a gig she got after fans waged a wildly successful

    Facebook campaign.

    I didnt know what Face-

    book was, and now that Ido know what it is, I have

    to say, it sounds like a huge

    waste of time.

    ROCK OUT

    TO YOUR

    WORKOUT

    Zeroby Yeah Yeah Yeahs (124 BPM)

    Celebrationby Madonna (126 BPM)

    CryforYou(RadioMix)by September (130 BPM)

    HowYouLoveMeNowby Hey Monday (135 BPM)

    CallMeby Blondie (141 BPM)

    Spotlightby MuteMath (152 BPM)

    IWillFollowby U2 (156 BPM)

    PickinItUpby Hot Hot Heat (158 BPM)

    Girlfriendby Phoenix (136 BPM)

    ISeeYouBabyby Groove Armada (122 BPM)

    Pumpupthevolumeandkeepupthepace.

    Organizedbybeatsperminute,thisplaylist

    willstartyouoffandkeepyougoing.

    Just using Facebook andLinkedIn can dramaticallyincrease your public proleall with a minimal investmentof your time and a literally non-existent nancial investment.

    NO KID HUNGRY CAMPAIGNCommitted to ending childhood

    hunger in America

    ShareOurStrengthlaunchedacampaigntoraise

    fundstohelpendchildhoodhungerinAmericaby

    2015.Theorganizationfeedshungrykidswherethey

    live,learnandplay,creatingpublic-privatepartner-

    shipsatthestateleveltobreakdownbarriersthat

    preventkidsfromaccessingthefoodtheyneed.A

    primarygoalistoincreasethenumberof students

    whoeatbreakfastatschool.

    Nationwide,32millionchildrentakepartinthe

    schoollunchprogram.20millionreceivemealsfor

    freeoratareducedprice.Only9.5millionstudentseatfreeorreduced-priceschoolbreakfasts,saidBill

    Shore,founderandexecutivedirectorof ShareOur

    Strength.Andabout$1billioninfederalreimburse-

    mentsisbeingleftonthetable,Shoresaid.

    Ratherthanstartnewfoodprograms,NoKid

    Hungryhelpschildcarecentersandschoolsmake

    betteruseoffundsalreadyavailable.$1canhelp

    connectachildtoupto10healthymeals.

    Throughhostingyardsalesandbakesales,leading

    ShoppingMattersTMgrocerystoretoursandvol-

    unteeringwithCookingMatters TMhealthycooking

    classes,localsupportersareconnectingkidstothe

    healthyfoodtheyneedtogrowandthrive.

    Visitwww.nokidhungry.orgtotakethepledgeortond

    outhowyoucangetinvolvedinyourcommunity.

    SPOTLIGHT