In Brief - December 2013

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NEBRASKA PARALEGAL ASSOCIATION

IN BRIEF

VOLUME MMXIII ISSUE 5

DECEMBER 2013

IN THIS ISSUE: From the President ..... 1 From the Editor ........... 2 Letters to the Editor .... 3 Getting to Know Santa and Mrs. Claus .......... 4-5 Tech Tips ..................... 7 Keyboard Quickies ...... 7 eDiscovery Service Models - Which is the Right Model for your Firm? ... 8 Weird Laws ............... 14 New Members ........... 14 Leadership Development Committee................. 15 SOS Notice Regarding Filing Fees ................. 18 The Adventures of Super Paralegal ................... 19 BOYD Brings Security Challenges................. 22 eDiscovery Roundtable Group ........................ 23 Did You Know? .......... 25 NALA News ................ 26 A Day in the Life of an IP Paralegal ................... 27 A Resolution for the New Year - A Tune Up! ...... 28

FROM THE PRESIDENT: TERESA BARNES, ACP You have your degree; you have landed a paralegal job; you feel confident that you are doing well professionally, so why go to the trouble of becoming a certified paralegal? Let’s try and answer that question by continuing our discussion from the last issue of the In Brief when we began a review and renewal of our efforts to grow and evolve as an organization. Two more of NePA’s listed objectives and purposes in its bylaws are:  To encourage a high order of ethical and professional attainment  To further education among members of the profession We all know there are a myriad of reasons that someone chooses NOT to become a certified paralegal. Some of them are personal choices which we won’t discuss in this writing, but some of the more common ones that I have heard are: 1. 2. 3.

4.

Concerns with being able to pass the exam. The associated costs with becoming certified and retaining certification. Who cares? Your employer may not have any idea or care what certified means. I don’t have time.

By virtue of being a member of NePA you are supported and encouraged to become a certified paralegal. NePA has a CP Review Course Committee that works with Metropolitan Community College in organizing and conducting the course designed to assist those preparing for the examination. Anyone that has taken the course can attest to its value in teaching and reinforcing information necessary to pass the CP exam. NePA also offers members the opportunity to apply and be awarded a CP Scholarship that may completely cover (or at a minimum heavily defray) the costs associated with becoming certified. Once certified, NePA assists certified paralegals by holding seminars that offer a minimum of 10 continuing education credit hours per year (you need 50 hours in 5 years to keep the credential). These seminars are affordable and sometimes even free. The quality and variety of speakers and topics are outstanding. We have a lot of very passionate people in our community that want to pass on their knowledge to our members. Continued on Page 21 www.nebraskaparalegal.org


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FROM THE EDITOR: AMBER ROBERTS, ACP “Although it’s been said, many times, many ways...Merry Christmas to you!” The Christmas season is always my favorite time of the year. While it is undoubtedly busier than any other time, it is filled with so much love, generosity, and general outpouring of support and caring for others that I don’t know anyone other than Scrooge or the Grinch who is not positively affected by it. Each big holiday, St. Patty’s Day included, I try to get shirts expressing the sentiments of the day for each of my family members. It isn’t always easy to find appropriate shirts that fit each person’s personality (and size), but I spend a great deal of time attempting to (which means about 10 minutes in the seasonal section of Walmart). This year, my shirt says “I Believe!” I think this is quite appropriate and truly expresses how I feel about Christmas. I believe in Santa and all that he stands for. I believe in God and Jesus and all the hope we have in the world. I believe in people and all the good we can do individually and as a community. I believe in my friends and family and all the love we show each other in our daily actions. I believe that the world can and will be a better place in the future and it takes just one person to stand up and lead by example. This is a special time to remember all that we’ve been given and share our blessings with others. For some, there is crazy gift-giving which starts on Black Friday and doesn’t end until the children’s screams of delight finish echoing off the walls on Christmas morning. For others it is a time to get chilly (or just downright freeze) while ringing a bell to help support those less fortunate. For still others, it involves serving meals to those who are homeless and can’t afford Christmas dinner or their basic daily needs. However you celebrate the holidays, I’d encourage you to take a moment and consider ways in which you can help to make the season brighter, either in your own family or in the community. It may be adding a quarter to the red kettles at the entrances to the stores. It may be donating a gift so that a child can experience the wonders of the season on Christmas morning. It may be offering to help where you previously thought you were too busy. Anything and everything this time of the year adds to the collective Spirit of the Season. See what you can do to make someone within your reach say, “I Believe!” I wish each of you a very Merry and Blessed Christmas and a Happy New Year!


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LETTERS TO THE EDITOR “Loved it!” - Jo Wandel, Legal Studies, Program Director at Metropolitan Community College “This is just awesome!!! Great job!!!!!” - Loretta Philips “Just a quick note to let you know that I think you have done a wonderful job at setting a new bar for the level of professionalism in NePA. Kudos to you and your helpers on putting together a newsletter that shows paralegals in a positive and professional light. Definitely a value add to me and my paralegal staff’s annual membership!” - Robin Weis “The energy of this organization just keeps moving faster and gaining momentum! We are growing in leaps and bounds due to excellent work like this past issue of In Brief. Excellent work Amber and Publications Committee” - Teresa Barnes, ACP “Once again you and your committee have outdone yourselves with an ever-improving and stimulating In Brief. I was proud to be its editor, but you have taken it to new heights. Our marketing people are very impressed and when I show it off to my non-paralegal friends and co-workers they are impressed, which in turn reflects greatly upon the organization. I am truly proud of the job you do and I can honestly say I KNOW how much work and dedication it takes. It is a wonderful, informative and fun e-zine and with the new website access is easy to read and navigate. You have made the vision we have had for some time a reality. Thank you for all you do and for your commitment.” - Stephanie Henson, ACP Do you like what you’ve seen in this issue? Do you have questions or comments? Notice an error? Please let us know at: Amber.Roberts@gavilon.com.

Publications Committee: Amber Roberts, ACP - Chair Shannah Portwood Kim Hansen Jill Lorkovic Joanna Deever

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GETTING TO KNOW SANTA AND MRS. CLAUS - JILL LORKOVIC Santa Claus is a conglomeration of several traditions. The oldest is Saint Nicholas, a monk born circa 280 in Turkey, who was canonized during the 9th century for his generosity to the poor. The modern day Santa is a portly, exuberant, white-bearded and bespectacled man wearing a red coat with white collar and cuffs, white-cuffed red trousers, and black leather belt and boots. He carries a bag full of gifts for children.

Santa and Mrs. Claus in Christmas wear

Santa used to personally make his toys by hand in a small workshop. Eventually though, he enlisted numerous elves responsible for making the toys, but the toys were still handmade by each individual elf. The Clauses’ modern property now includes a residence and a workshop that is one of the world’s largest facilities, a fully mechanized production and distribution complex, equipped with the latest manufacturing technology, and overseen by the elves with Santa and Mrs. Claus as managers.

Highly skilled elf secretaries keep exact records of all children by country, state or province, city or town, village or quarter, house or apartment building, bedroom, and bed. These records are used by logistic coordinators to plan the delivery route and gift distribution. It’s very exacting work, taking 284 elves working in that department year round. Santa gets around using many different modes of transportation. He, of course, has the sleigh drawn by a great team of reindeer, but he also has a sled and team of dogs, a car, private jet, snowmobile and helicopter. While he is licensed on all of these, he employees various elf pilots as well. Plus, he get a lot of special rides on trains, planes, fire engines and even hot air balloons. Santa uses whatever means of transportation is best suited to the weather conditions and the purpose of his traveling. Some people have suggested that he has the technology to manipulate time. Although not confirmed, it has been speculated that it is the fireplace that is used as his sacred portal for bringing gifts to the homes of children (in homes without a chimney, unlocking an exterior door so he can easily enter works just as well). This is far beyond human understanding, but however Santa does it; he seems to manage each year to delight millions of children on Christmas morning. It is of great importance to note that Santa is one of the few male cultural icons we have who does not carry a gun or promote violence but rather is all about peace, joy, giving, and caring for other people. He depicts our utmost ideals: childhood innocence, selfless giving, unfaltering love, justice, and mercy. Santa is an integral part of the past and very much connected to the future. Mrs. Claus is quite the counter to Santa’s boisterousness. She is a calm, patient, and kindly spirit who sometimes assists in toy production and has a special kindred spirit with the elves. Her cookie baking expertise is known the world over and she can often be found whipping up delectable batches with the elves and preparing toys with Santa. She keeps her first name a mystery, lending to the mystical angel-like creature she is. The elves have confirmed that only Santa knows her true identity but she has been referred to as Jessica Mary Christmas, Mother Christmas, Annalina, Layla, and Gretchen. Mrs. Claus often accompanies Santa on the journey around the world and keeps the reindeer calm singing Christmas carols while Santa goes about his work descending chimneys to deliver gifts.


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SANTA AND MRS. CLAUS CONTINUED One of the most remarkable moments in my life was the recent opportunity to interview the Big Man and his amazing powerhouse of a partner behind the finely orchestrated extravaganza, Mrs. Claus. Too much eggnog while decking the halls you say? After 23 years of parenting, I’ve learned to never say ‘never.’ I won’t bore you with all the details; instead, I simply ask, “Do you believe?”

Santa Claus How did you get to be Santa? The jolly, generous chap chuckled and said, “My legacy spans centuries. I’ve been around for hundreds of years, in one form or another. A while back, in the mid-1600’s, I was better known as Santa checking list twice Father Christmas. I go by many aliases in different cultures, including Santa Claus, Papa Christmas, Father Noel, Kris Kringle and Saint Nicholas. And simply Santa. I don’t remember exactly how old I am. Once, when I was sitting in my favorite chair in front of the fireplace I began to count how many Christmases I could remember. But when I had counted to around 364, I fell asleep. I realized it was not really that important.” What has been the biggest benefit of wearing the red suit? “Ho-Ho-Ho, oh that’s a delightful question! Getting the girl of course! Back in the 19th century I often wore outfits in different colors: purple, green and blue in addition to red. But around the beginning of the 20th century is when I met my spunky redheaded gal. It’s hard now to imagine what Christmas was like without her. I was wearing the red get-up the night we met, and oh how she melted the moment she laid eyes on me! She is the twinkle in my eye and I’m the chocolate chip in her cookie. She is the most wonderful wife and I couldn't do anything without her. She doesn't like the spotlight, but I have to give her credit for making sure I take care of myself and keep from obsessing too much over my work. Just being with her takes years off my life." “Also, the red suit makes Coca-Cola’s advertising real easy since it’s their trademark color too. We struck a deal back in the 1930’s; keep wearing the red suit and they’ll send an unending supply of Coke for all at the North Pole for as long as I live. Ho-Ho-Ho, I wonder if they realized back then how long I’ll be sticking around!” What’s one piece of advice you would give to the next generation? “Pay it forward. To quote my beloved friend, Ghandi, “Be the change you wish to see in this world.” In my profession I have the high honor of witnessing acts of kindness and how they create a ripple effect around the world. Regardless of how big the problems of our world may seem, people DO make a difference simply by taking the time to show love, appreciation, and kindness to the people around them. Do not be selfish in your ways but practice altruism for the concern and welfare of others. Think positively. I look forward to every year and the joys and challenges it brings. Spreading joy gives my life meaning and value. That, in my opinion, is the secret to longevity.” Continued on Page 16.


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TECH HOLIDAY GIVING TIPS - BY AMBER ROBERTS, ACP I was at my parents’ house over the Thanksgiving holiday and my dad came over to talk. He knows that we’re a pretty techy family on my branch and he told me he wanted my opinion on what kind of smart phone to get. His company was finally forcing him to get one and he had the choice between an iPhone 5 and an Android. My first question was, “What do you plan to use the phone for?” After a 10 minute soapbox that he didn’t want to use it for anything...he finally said that it would be used for work phone calls and texts mostly. Based on that, he could get either phone and be completely happy with how it worked. I then dug a little deeper and asked if he planned to use it for anything personal and he said that my mom would probably use it to take pictures. Based on what he might do with the phone, I recommended the iPhone (it has a much faster shutter speed in order to capture the grandkids in motion instead of just blurs as they buzz by). It dawned on me later, that we sometimes don’t take planned or probable technology usage into account when we give advice or gifts. Instead, I think the first inclination is to suggest what we personally use or like or wish we had. This was really brought into perspective for me a couple of weeks after that when my mom was talking about getting two new TVs for the house to replace the large boxes from the 90’s (I’m really pretty amazed that they even still work at all). I immediately spoke up and mentioned that she had to make sure the TVs were 1080p instead of just 720p. It would mean higher resolution and a more enjoyable TV watching experience. It would also mean a higher price tag, not only in the beginning, but with many of the additional devices they may get in the future (like Roku boxes which are around $40 for the 720p but $80 for the 1080p version). In all honesty, 720p would be just fine and they would consider it an upgrade from what they currently Alison Barthel Jacobson have.

Keyboard Quickies

Adding Holidays to your Outlook Calendar:

Lesson learned: when recommending what technology others should get, pro On the Tools menu, click Options, and then vided they ask for your opinion that is, click Calendar Options. find out what they plan to use the technology for before offering advice. If my  Under Calendar options, click Add Holidays. parents were really into watching movies or playing games, then it would have  Select the check box next to each country/ made sense to tell them to get a higher region whose holidays you want to add to resolution, higher priced TV. Given how your Calendar, and then click OK. Your own they will use it, however, I was glad I recountry/region is automatically selected. considered and let them know they could save a bit of money with just the 720p.


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eDiscovery Service Models – Which is the Right Model for your Firm? Over the years I have worked with firms to develop ways to efficiently support the ever-increasing volumes of potentially relevant data. Remember the good old days when thinking about dealing with Gigabytes of data caused concern? These days we are facing new volume terms - Terabytes, Petabytes, Exabytes, Zettabytes, and I have even heard folks talking about Yottabytes (although I’m not sure that’s a real word). The reality of dealing with these mass quantities of data has generated multiple reactions. From the technology sector, we see solutions to help narrow potentially relevant data such as predictive coding and other analytic tools. From law firms, we see the formation of specialized eDiscovery divisions. From corporations, we see the implementation of tools to help govern and manage information in the hopes of providing easier ways to respond to document requests should the need arise. All of these responses are designed to impact, in a positive way, how to support a litigation matter with ever increasing volumes of data. Additionally, On August 15, 2013, the Advisory Committee on Civil Rules published for public comment Proposed Amendments to the FRCP which address the challenges of managing the scope of electronic discovery and consequences relating to a party’s failure to meet discovery obligations. If the proposed amendments pass, they will become effective on December 1, 2015. I work with my law firm clients to look at ways they can proactively provide cost-effective solutions whether from implementing new technologies inhouse and best using their internal services or leveraging service providers in whole or in part. The challenge has always been what is the best path for the firm. I frequently get asked, “What are other firms doing?” or “What is the best way to provide these services?” – the answer to which always seems to be “It depends” – not the answer they want, of course. The three models which are generally discussed are: 100% full-service in-house “Firm Hosted” model;  100% outsourced model; or  Managed Hybrid model 

So, how do the decisions get made and how do they get implemented? 1. Create a Committee with the Appropriate Stakeholders In order to develop the best possible plan for the needs of the firm as a whole, the engagement must include leadership from all relevant areas of the firm:    

Operations Technical Practice Business

To have just one interest group involved will not lead to an effective outcome and will not take into account all the relevant stakeholders’ needs required to make the plan successful. The involvement of all parties is needed to build a plan that takes into account the needs of the attorneys and their legal process and workflow processes, the technology and infrastructure requirements, and data support challenges. One critical element is to ensure that there is also an understanding of the goals of the firm moving forward. All of the stakeholders’ interests will factor into building the foundations of the service model development. 2. Assess Your Current Situation It is important to identify the existing service model the firm has deployed. Many of these are ad hoc at best, having grown up with the eDiscovery needs that the firm tries to provide support for. Most firms have some service capabilities with a few litigation support staff, an internally deployed application for processing and review of the data that they deal with as well as service providers that they will outsource to depending on the specifics of the litigation project. Be sure to understand how the firm has been operating to date. Factor in what is working and what is not from the technology to the process and the support services. It is important to get honest answers to questions about the environment so that the next steps are built on fact and not fantasy.


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eDiscovery Service Models Continued 3. Outline Benefits and Challenges of Each Service Model It is important for the committee to understand the pros and cons of each service model being reviewed so that the decisions can be fully understood and each department being represented can weigh their decision based on a complete picture. Outlined below are some of the more general issues that firms address. It is not a complete picture, but a representation of some of the key issues important to be addressed through this process. Firm Hosted: Operations: Benefits  Maintain technical expertise in-house  Develop efficiencies based on standardized processes  Centralize processes across the litigation lifecycle  All clients and litigation matters recognize similar experiences throughout the firm  Flexibility and easier adaptation to new/ changing requirements and unusual requests Challenges  Budgetary issues for increased costs required for staffing, training and management requirements  Complete dependency on internal resources  Technical Benefits  Deploy technology that best suits the firm and client needs  Keep technical expertise in-house  Leverage internal technology resources to enhance technology suite to meet client demands  Direct response to technology issues being experienced by legal staff Challenges  Technology investment must be made carefully to ensure that it will scale and respond to industry changes  Infrastructure burdens resulting from in

creased data volumes and storage demands  Increased IT support to ensure that technology is functional 24/7 for review teams  Responsiveness of the application suites must meet legal teams needs  Back-up, co-location and disaster recovery plans will be critical  Risk of distraction from support of other practice areas in the Firm  Data security challenges  Practice Benefits  Standardized processes and procedures developed and communicated across the firm to ensure similar experiences  Standardized processes should lead to efficiencies across all litigation matters  Quick turnaround demands can be met  24/7 requirements can be managed  Project timelines are managed internally based on legal team needs Challenges  Instances in which it may be difficult to meet exceptional client demands for volume and turnaround time  No ability to leverage outside resources if bandwidth becomes an issue  Business Benefits  Retain internal knowledge of client needs and issues beyond the matter  Opportunities to create a profit center Ability to work with client budget demands such as fixed fee arrangements Challenges  Potential for unrecoverable costs for storage, infrastructure, support  Potential for increased risk of managing all data internally  Global challenges for data hosting if firm does not have overseas offices 


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eDiscovery Service Models Continued Outsourced Model: Operations Benefits  Litigation matters all managed by service provider resources  All processes built against vendor service legal agreements and capabilities  Budget benefits resulting from very limited internal resources primarily only required to manage the projects Challenges  Loose internal technical expertise  Total dependency on outside providers  Need to manage several vendors due to conflicts and capacity  Implement managed services agreements to recognize standard firm-wide pricing considerations  Manage to vendor-dictated service level agreements  Additional complexity managing the process  Technical Benefits  Budget benefits resulting from very limited internal infrastructure and no technology investment  Data security, back-up, redundancy, disaster recovery, support requirements all shifted from firm to service providers Challenges  Complete dependency upon service provider ability to maintain system availability  Complete dependency upon service provider responsiveness to application issues  All upgrades and application modifications on service providers’ timeline  Practice Benefits  Resources provisioned rapidly  Unlimited scalability  24/7 support generally available  Can respond to specific client arrangement with contracted service providers Challenges  The need to review and manage documents in-house:  Quick views 

 Pro-bono  Cases under protective order 

Business Benefits  Pay for only what is consumed  Pass on service provider costs as disbursements  Predictable costs  Implement managed services agreements to recognize standard firm-wide pricing considerations  Leverage firm buying power to lower service provider fees Challenges  Difficult to work with client budget demands such as fixed fee arrangements  Clients' dislike of paying hosting charges long after the review has been completed

Hybrid Model: 

Operational Benefits  Flexibility - work done where it makes sense  Hybrid models are generally inevitable with client requests

Develop efficiencies based on standardized processes  Flexibility and easy adaptation to new/ changing requirements and unusual requests Challenges  Requires very high-level project management and quality control management and staffing  Efficiencies will only be realized if the firm is constant in the process of when and how to leverage internal vs. service providers  Technical Benefits  Only implement technology internally that makes sense for the internal process workflow  Infrastructure and support requirements only needed for identify project volumes and applications internally deployed 


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eDiscovery Service Models Continued tive to managing data outside the firm doChallenges  Technology investment must be made main? carefully to ensure that it will scale and re Does the firm work with global organizaspond to industry changes tions who have privacy issues that must be  IT support to ensure that technology is dealt with?  Has there been an evaluation and analysis functional 24/7 project demands of the historic data volumes to fully under Responsiveness of the application suites stand and appreciate the needs going formust meet legal teams needs  Back-up, co-location and disaster recovery ward. plans will be critical  Technology  Data security challenges  Has there been an analysis of the existing and potential needs for the firm’s infra Practice structure to support any internal technoloBenefits gy requirements?  Greater range and flexibility of options  Does the firm have technical staff familiar available in case of exceptional client dein supporting these applications?  Will the firm commit to 24/7 support, if mands  Processes and procedures will be critical to and when required?  Does the firm have a disaster recovery ensure that matters are handled appropriplan? ately  Can respond to client arrangements with  Are the existing IT back-ups designed to service providers support litigation data?  Is the data secure and managed correctly? Challenges  Potential loss of knowledge about clients'  Is there a data archiving process in place?  Service Providers data and systems to vendors  Continued dependency upon vendors  Does the firm have managed contracts with certain service providers?  Business  Is the firm prepared to enter into managed Benefits  Greater control over infrastructure investcontracts with service providers if not curments than using firm hosted model rently existing?  Easier to pass through disbursements than  Are the fees, currently charged by service perceived overhead charges providers, consistent across the firm?  Managed Services models available  Are the service providers managed in any Challenges way?  Requires high-level vendor management  Who is responsible for contracting with the and contract management skills and overservice providers?  Workflow: The process around managing head (invoices and budgets) litigation matters is critical for all the ser Potential for increased risk of managing vice models and must be addressed for any data internally model to be efficient and effective  Does the firm have any managed workflows 4. Ask and Answer Questions for their existing eDiscovery support? While the service model evaluation is underway  Is there any process documentation? there are questions and information that should be  Will the legal staff recognize and support a asked and evaluated to help the process: managed workflow process?  Does the firm have strong support leader Data Support ship to ensure that the workflow process  Does the firm have clients that are sensiwill be adhered to? Correct Answers: 1) A 2) A 3) D 4)D 5)A 6) C 7) C 8) D 9)D 10) B


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eDiscovery Service Models Continued 5. Identify the Model And Start Implementa- Olivia Gerroll brings over 21 years of experition. As soon as the model has been selected the work really begins. Each model demands a planned attack for implementation. The start of the design of the workflow process that will be required to support the desired model should be the first step. The workflow is a living process that will continue to be modified as the model gets built; however, if the model is selected and the workflow process is not part of the initial steps it will be more challenging. Developing the workflow to understand how matters will move through the selected model, how service providers get identified and deployed, and how and when technology will get implemented and utilized all come into play. Conclusion Each model brings decisions such as which technology to select for internal deployment, litigation support staffing, and department development if the Firm Hosted or Hybrid Models are selected; how to select the service providers and build the relevant RFP’s for the Outsourced or Hybrid Models; and internal technology and infrastructure modification requirements for all the models. The workflow and process development will continue to be developed and modified throughout the process and should be modified as the firm moves forward and processes get modified or changed as required. Firms that I have worked with have taken anywhere from several months to several years to fully implement a highly successful eDiscovery service model. The timing depends on the size of the firm, the model selected, the breadth and depth of the project requirements and adjunct challenges that these projects often uncover. There are steps that can be taken to cut the process into bite size pieces and take smaller steps that at the end will result in a successful model, as opposed to jumping in the deep end, which can be overwhelming to firms that do not have a large staff.

ence and recognition in leading global litigation strategy and management initiatives. Recently she formed her own consulting company, Pendo Legal Solutions, where she is dedicated to leveraging her experience and focus by providing the most effective solutions in all aspects of litigation practice management, including strategy, operations, project management, technology, and large litigation project best practices. Olivia works with many of the world’s leading law firms and corporations to develop and manage litigation processes, including the implementation of her widely recognized best practice litigation process management workflows and methodologies and supporting documentation. She has extensive knowledge of the litigation support and electronic discovery technology landscape, with a proven record of accomplishment through solution development, automation, system selection and implementation, and data management. She leads global, high profile engagements in a number of areas including Litigation Support Technology Assessment and Implementation, Service Model Development, Process Workflow and Best Practice Development, Litigation Readiness Services, Litigation Strategy and Case Management Services, Litigation Hold Process and Automation Development, Education and Training. Olivia has held numerous positions in which she developed and promulgated much of the industry’s thought leadership, including Managing Director of Litigation Strategy and Management, Director of Litigation Services and Shareholder/Practice Group Director for leading national legal consulting organizations Hyperion Global Partners, eSentio Technologies and Baker Robbins & Company, National Director of Litigation Services for Heller Ehrman, a global AmLaw 100 law firm, Managing Director of eDiscovery Solutions for Continuum Worldwide, a leading service provider, and Litigation Support Manager at both Anderson Kill and Dewey & LeBoeuf. Olivia is a published author and frequent speaker at many legal professional conferences.

Whatever approach is taken the important note is to Contact: 402-614-7279 take that first step.

ogerroll@pendolegalsolutions.com www.pendolegalsolutions.com


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WEIRD LAWS!!!!! In Maine, after January 14th you will be charged a fine for having your Christmas decorations still up. The early American Puritans of Massachusetts enacted a law in 1659 that made it illegal to celebrate Christmas since Puritans didn't believe it to be the true date of their savior's birth. The law carried a punishment of five shillings. Oddly, in Britain, it is illegal to consume a mince pie on Christmas Day. Alabama was the first state in the USA to declare Xmas a legal holiday in 1836. In Denham Springs, LA “Middle Finger� Christmas lights are legal, but in other areas they might run afoul of obscenity statutes. Disclaimer: These laws are for entertainment purposes only and have not been verified in any manner.

WELCOME NEW MEMBERS!!!!! Michelle Dirks - Active LeAnn Elliott - Distance Laura J. Horan-Fortina - Associate Melissa Dernovish - Student Amanda Wall - Student


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LEADERSHIP DEVELOPMENT COMMITTEE NePA’s inaugural leadership development course (“ Get R.E.A.L. With NePA”) is on the calendar for Saturday, May 31, 2014 at College of St. Mary’s in Omaha! The event structure will be 9 fast-moving, infopacked 45-minute modules, presented by multiple guest speakers from various fields of expertise, with an onsite lunch break. At the end of the day, attendees will receive a disk with additional resources to explore on their own time.

R.E.A.L. = Relationships + Equipping + Attitude = Leadership

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SANTA AND MRS. CLAUS CONTINUED What do you like best about your job? “I can't begin to tell you how much I love working with the elves. They are one of the reasons I stay so young. They bring so much humor to the workplace with their mischievous pranks and cracking jokes all day. When you are surrounded by throngs of comrades preparing millions and millions of gifts for the Big Day, you have to have some pretty good management skills. This keeps my mind working and engaged all year long. 'Ho-Ho-Ho' is more than just my natural expression of glee. It's also my form of stress relief. Things can get quite hectic this time of year and I find that laughter and smiling are the best ways to dissolve tension and brighten everyone’s mood. If I could bring one gift to all the grown-ups at Christmas, it would Elves taking a break from be more smiles and laughter.” pranks to get some work done.

Santa also said he recommends that anyone who wants to stay sharp should find ways to be creative and engage in daily problem solving and mental challenges. He hears they have new apps out on the iPhone just for this. What do you like the least? "Chimney squats. You may not know it from my waistline, but I am quite fit. I have to train all year round to be strong enough to leap up through millions of chimneys on Christmas Eve. I have a whole team of elves working with me everyday to exercise. They are always after me to leave the sweets alone, but I just love her cookies..." What is your favorite Christmas memory? “It’s impossible to have only one favorite after the multitude of joyous experiences I’ve accumulated. It’s the spell that’s cast as the Christmas spirit swells in people’s hearts. It’s the hustle and bustle and sights and sounds. It’s the quiet, solemn serenity that comes from acknowledging blessings. It’s the faces of the young and old covered with excitement at the beauty of giving and receiving. The works of art created and delivered by a worldwide community of individuals who spread cheer to others by sharing in kinship and camaraderie and celebration with one another. Unexpected magic. Not from me but from those who truly believe. Those are my favorite kind of memories.”

Mrs. Claus How did you meet Santa? “I was a teacher in a village in the Alps and I also waited tables at a wayside inn. One evening this man with the kindest face and red cheeks came stomping in out of the snow. He took off his red cap and laid it on the counter. He took one look at me and smiled. . . Kris was enchanted by my deep blue eyes! I was intrigued by the rumors I’d heard about this young man who was attempting to deliver toys to the children. The mayor forbade the giving or owning of toys. As a wedding present, Kris told me we could give gifts anywhere in the world. I said of course I'll marry you, as long as you promise we can be equal partners in gift-giving. I can't imagine a happier life. We married a week later in the forest in Fairyland surrounded by nature’s wonders.”


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SANTA AND MRS. CLAUS CONTINUED What made you decide the North Pole was a good place to live? “Real estate. And plenty of it! The reindeer and the elves are the main reason we live here. The reindeer love the high altitude where it is cold. There are many other reindeer besides the eight that pull the sleigh, thousands of them. When I’m on the ground and they practice flying, which they do all year round, they fly so fast I can’t see them. I’ve ridden in the sleigh countless times on Christmas Eve and it’s pure magic how swift they are.” “Elves are such fast little people; they are rarely ever all in the same place at the same time. But when the sun sets in the North Pole, there are probably as many little elf toes under the blankets as there are stars in the night sky, if not more! That’s why it’s such a blessing to have so much space to share.” “The North Pole is our permanent residence and the place we love the most. But, throughout the year we visit many cities and countries where we stop and stay for a few days. Many of my favorite places to visit are a secret known only to Santa.” What has been the biggest benefit of being part of Christmas? “Keeping the magic alive every day of the year! But I'm not the maker of the magic. I'm simply the guardian of the season's spirit and an usher of memories for the beloved people of earth. I can prepare and plan and orchestrate, but the real magic is being made and spread in the most unexpected of ways.” What one piece of advice would you give to the next generation? “Eat more cookies! And then be kind, thoughtful, generous and thankful for all you have and live a life full of gratitude so you may be legacies to your children. Teach them that whatever they want, they have to earn by being good to others, making good choices, and practicing good behavior.” What is your favorite Christmas memory? “That would be the year I accompanied Santa down the chimney to mend a poor boy’s sock that he had hung up for his stocking and then filled with treasures while he slept. That precious fellow wanted a puppy for Christmas so badly! Santa sat down right there and whittled him the finest looking wooden dog you’ve ever seen. Forty-five years later the boy has grown into a fine man and still cherishes the relic from Santa that was carved with so much love and attention. Love was the gift given to us on the very first Christmas, and it still is, you know. It’s far better than any presents that could be delivered."


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SECRETARY OF STATE NOTICE REGARDING FILING FEES

Notice Regarding Filing Fees Starting January 1, 2014 the Secretary of State’s office will begin assessing fees for filing proofs of publication. The fee structure is as follows:

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Nonprofit Corporation: $10 fee plus $5 per additional page

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Limited Liability Company: $15 fee plus $5 per additional page

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Business Corporation: $30 fee plus $5 per additional page

Note this fee is separate from the proof of publication cost and should be paid directly to: Nebraska Secretary of State, Business Services Division, 1445 K Street, PO Box 94608, Lincoln, NE 68509. Please include payment when filing the proof of publication. There is no fee for filing a proof of publication for a trade name.

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THE ADVENTURES OF SUPER PARALEGAL

What problem will Super Paralegal face next? Stay tuned for the continuing saga...

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FROM THE PRESIDENT CONTINUED Who cares if you are certified? Newly certified paralegals are recognized, applauded, and pinned at NePA’s Annual Recognition Breakfast which is attended by lawyers and legal administrators. In addition NePA’s board of directors has begun discussions focusing on a long range goal of educating the legal community about the paralegal profession and distinguishing paralegals from the rest of the legal services delivery team.

QUILTERS NEEDED We’re looking for quilters to donate their time to create quilts which will be auctioned off for Relay for Life fundraisers. Please contact Amber Roberts (amber.roberts@gavilon.com) if you’re able to help or know a quilter.

Finally, there is the excuse of a “lack of time.” I’ve heard the same excuse from people who cannot find time to workout even though they know it’s good for them. In my mind, the best reason of all to become a certified paralegal is the investment in yourself. Not only will it help you to compete in the job market, if necessary, but it will give you a personal edge and sense of achievement. Essentially, becoming certified provides you with credibility that you believe being a paralegal is important enough to spend the time, spend the money, and continue investing in yourself. Becoming a certified paralegal requires that you further your education and hold yourself to a higher order of ethical and professional attainment. As stated in two of its objects and purposes, NePA is organized to encourage you to reach those ideals. Let NePA help you and JUST DO IT!

SAVE THE DATES: February 12th: Carla Larson, ACP will speak on Leadership Development & Assertive Communication Skills for Professional Growth May 14th: Stay tuned August 13th: Stay tuned BRONZE SPONSOR


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BOYD BRINGS SECURITY CHALLENGES The bring-your-own-device (BYOD) trend poses serious security challenges for enterprises. A 2012 Trend Micro/Decisive Analytics survey report “Mobile Consumerization Trends & Perceptions” revealed that nearly half of enterprises surveyed that allow employee-owned devices to connect to a company’s network have experienced a data breach. Furthermore, 86% of the IT decision makers from the United States, United Kingdom, and Germany reported that smartphone data security is their number one concern when consumer devices are connected to corporate networks. According to an October 13 New York Times article “Bolstering a Phone’s Defenses Against Breaches,” a handful of technology companies are trying to capitalize on the BYOD trend that people in charge of securing corporate networks say has become their biggest headache. In the past, the author wrote, they could mandate that employees use company-approved BlackBerry smartphones, which came with a tightly controlled network. However, with BlackBerry’s future uncertain and an increasing number of employees requesting to use their iPhones, iPads, and Android-powered devices at work, IT managers have been forced to consider alternatives — and to deal with those alternatives’ security threats.

basic security tests. Businesses and government agencies are already finding that employees’ mobile devices have become a crucial way for attackers to reach a network. “An enormous amount of applications out there have been Trojanized,” Scott Borg, the director and chief economist at the nonprofit group United States Cyber Consequences Unit, told the New York Times. “They have become one of the main stepping stones for getting into the enterprise.” Borg explained that the information collected from mobile Trojans “was the first step in ‘spearphishing’ campaigns, in which criminals use that data to tailor e-mails to employees with malicious links or attachments that, once clicked, give attackers a foothold into companies’ systems.”

According to an August 12 Gartner press release, Gartner predicts that 30% of consumer product selection criteria will be based on requirements to secure new mobile computing platforms by 2015. The research firm encourages product managers to include all mobile device platforms alongside traditional desktops and laptops when assessing and deploying security measures. Pricing is especially Data security managers are struggling to important since consumers have shown they keep tabs on sensitive information as employ- are less likely to pay for security programs ees import data to their personal devices and for their mobile devices. download mobile apps that have access to This article first appeared in the November corporate assets. Experts and threat re- 19, 2013 Newswire, © 2013 ARMA Internasearchers warn that these applications have tional, www.arma.org. Reproduced with perlittle or no safeguards. According to the arti- mission. cle, in the 2013 “Application Security Testing Magic Quadrant” report, Gartner predicts that by 2015, 75% of mobile applications will fail


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EDISCOVERY

ROUNDTABLE GROUP

Calling all members involved with eDiscovery and Litigation Support a new knowledge sharing group in Omaha is now forming. The eDiscovery landscape - regulations, technology, service providers, etc. - is fast-paced and continually evolving. As a result, constant updated information and knowledge is essential to those involved in this industry. In order to provide that information to the Omaha market in an effective way, a group has recently been formed and we want all those interested to join us. The group will meet monthly to discuss information that centers around the challenges and issues with supporting eDiscovery within our organizations, from the services we provide and the technology that is available to us as well as changes in regulations and case law that effect us. Being able to communicate with others who face similar challenges has proven successful in other markets and the Omaha area needs the same opportunity for this knowledge sharing and informational resource forum. We are very excited about this opportunity and encourage any who are interested to join us. Please contact Olivia Gerroll of Pendo Legal Solutions at ogerroll@pendolegalsolutions.com for information regarding this group, our meeting schedule, and to participate as we move forward.


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DID YOU KNOW? - CHRISTMAS EDITION 1) Which of the following countries criminalized the celebration of Christmas? a) England b) Scotland c) Germany d) Poland 2) In North America, children hang stockings in the hope they will be filled with candy and gifts. In some countries, like France, another article of clothing is used for this purpose. What is it? a) a shoe b) a hat c) a mitten d) a boot 3) The legend of Santa Claus, the jolly old elf who brings Christmas gifts to good little boys and girls, evolved from the European custom of celebrating the life of a saint known as a generous man and protector of children. Who was he? a) Saint Klaus b) Saint Winceslaus c) Saint Christopher d) Saint Nicholas 4) According to Greek legend, malicious goblins called “Kallikantzari” would come up from their underground homes on December 25th, and would play tricks on humans until January 6th. How could you repel or get rid of them? a) burn a log b) burn old shoes c) hang pork bones or sausages in the chimney d) all of the above 5) Santa brings gifts to good children. What do naughty children get? a) a lump of coal b) a rock c) a bag of dirt d) nothing 6) A plant used in decorating for Christmas is the “Noche Buena” flower. What is it commonly known as in North America? a) Mistletoe b) Holly c) Poinsettia d) Amaryllis 7) The “traditional” portrait of the American Santa Claus was created by Haddon Sundblom as part of an advertising campaign for what product? a) Fisher Price toys b) Raggedy Ann dolls c) Coca-Cola d) Nutcrackers 8) In Italy, legend has it that “La Befana” fills stockings of good children with toys and sweets on the eve of the Epiphany. What mode of transportation does she use? a) chariot b) mule c) unicorn d) broom 9) According to the poem “Twas the Night Before Christmas,” which of the following names is NOT attributed to one of Santa’s reindeer? a) Donder b) Dancer c) Vixen d) Rudolf 10) One of the most popular Christmas stories of all time is “A Christmas Carol.” Who is the author of the book? a) Henry James b) Charles Dickens c) Mark Twain d) Washington Irving See the bottom of Page 12 for Correct Answers. Disclaimer: These questions and answers were pulled from various websites on Christmas trivia and have not been verified in any manner. They are for entertainment purposes only.


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NALA NEWS - CARLA LARSON, ACP Congratulations to Amy Vifquain, CP, of Lamson Dugan & Murray, LLP! Amy successfully sat the September 2013 examination, and she joins 224 other paralegals in the State of Nebraska who have earned the Certified Paralegal credential. Established in 1976, the CLA/CP examination program is a voluntary professional credentialing program developed by NALA and administered by a board composed of paralegals, members of the American Bar Association, and members of the field of education active in paralegal training. Way to go, Amy!

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A DAY IN THE LIFE OF AN IP PARALEGAL - TOM TILDEN, ACP The day starts when the alarm goes off and my whole world is quiet and dark. Sleep was good. Starting the day feels less good than sleep, but what can you do? An attitude adjustment comes fairly quickly and I’m up. After some time for prayer, I’m off to the Y for a morning swim. On this Monday there are a lot of people in the pool, and I have to share a lane with another swimmer. I look for someone I know so I can be confident that we won’t run into each other. Mission: Swim - accomplished. I’m on my way home to change into work clothes and grab some breakfast before I head into work. Today, there are four submissions I need to file with the US Patent and Trademark Office (USPTO). That isn’t too bad, and it shouldn’t take a lot of time. Usually the patent agent I work with has the documents almost ready to file and all I have to do is put the current date on, add my electronic signature as the filer, and convert them to PDFs. Safely at my desk with a cup of coffee next to me (the 1st of many cups!), I’m ready to get to work on the submissions due today. Almost all of the documents I file are submitted electronically, and the process usually doesn’t take very long. Today is one of those “exceptions.” The online system isn’t working correctly. The site “tells” me that my certificate which identifies me as “me” is not “valid”. Of course, no other information is given. I sit staring at my computer screen, paralyzed, wishing the solution to this technical glitch would come to mind. But,… nothing. I give up and call IT. I

submit a request for help and before too long, help arrives. The problem is solved (Frankly, I don’t know how, but it’s solved.) and I’m soon online submitting the documents. Before I sign off the USPTO website, I download the correspondence from the patent examiners which are ready for us. My company has many patent matters being prosecuted at the same time, so there are usually several documents to be downloaded. Today is typical. I download 5 “Office actions” (Office is short for Official, but in the patent world they are always referred to as “Office”). These “actions” are usually objections to different parts of the patent applications. I send the Office action along with a copy of our last submission on the matter to our patent agent. He will prepare a response. This back and forth between the patent examiner and our patent agent or attorney will sometimes go on for several years until the new patent is issued or we admit “defeat” (We rarely admit defeat!). Patent legal work is unique in that, in addition to attorneys, qualified patent agents can represent our corporation at the Patent Office. The test to qualify as a patent agent is similar to the bar exam, except that it is national, not state specific. Like the bar exam, it is not easy to pass! The day is passing quickly and I remember to email our company inventors who have submitted ideas which are at various stages of being developed into potentially patentable inventions. These might be ready for submission to the USPTO. Our patent agent will want information from the inventors and the inventors will have questions as well. My job is to make sure all the correspondence is properly documented. I have become quite good at politely “pestering” all parties involved so that things move along. I check the clock and realize it’s already 5. It’s time to head home to my family – the shortest part of the day, but my favorite time by far.


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A RESOLUTION FOR THE NEW YEAR: A TUNE UP! - JAMES TEWS Each January, many people resolve to make their lives better during the new year. Some folks plan to eat healthier, some plan to give up bad habits, and some set a course of action to improve their financial well-being. It may also be a good time to assess and decide if you have adequate protections and financial planning in place. Even slight modifications can improve financial standing and ensure adequate protection in the event of a disaster. One topic to consider is whether you have a well thought out, current estate plan in place. Some of the issues you may want to re-visit include whether the “agent” designated in your health care and financial powers of attorney is appropriate; if you have minor children, whether the guardian nominated in your Will to care for these children is still appropriate; whether you adequately planned for death taxes; and whether your plan leaves your estate to those whom you wish to receive it. Be sure to visit with your estate planning attorney if you have any questions about your estate plan or need to make changes. Another area for assessment is homeowner and auto insurance. Many people forget that these policies should be reviewed at least every several years to be sure they are adequate. For example, if your home is destroyed by fire, would you have enough coverage to rebuild? If you negligently cause a car accident, would you have plenty of liability protection? Have you recently purchased at item (such as a boat), but forgotten to tell your agent? Consider meeting with your agent to be sure you have the right, and enough, coverage. People should also consider meeting with a financial advisor. Depending on your circumstances, a financial advisor may be able to provide a lot of helpful advice. As examples, a financial advisor can keep you on track in saving for a comfortable retirement, help you plan adequately for your child’s college education, help

you select appropriate investments (mutual funds, stocks, etc.), help you pick the right saving vehicles (Roth IRA, 401(k), permanent life insurance, etc.), and help with providing for life insurance and long-term care insurance needs. Additionally, have you checked your credit history to be sure it is accurate and that there are not any signs of fraud? Have you considered “freezing” your credit history with the three main credit bureaus to help prevent identity theft? Would be it appropriate now to consider preplanning your funeral and burial? Could you save money through refinancing your home at today’s historically low mortgage rates? A bit of updating and planning now can help ensure a happy, safe, and productive new year. Be sure to visit with relevant professionals early in the year to be sure you are on the right track. James A. Tews, a partner with Abrahams Kaslow & Cassman LLP, focuses his practice on estate planning, probate and trust administration, guardian and conservatorships, Medicaid and special needs trust planning, real estate law, and corporate and business law. James has also developed a special emphasis on estate planning for families who are parenting or caring for a child with physical or cognitive challenges. James serves on the Visiting Nurses Association board and authors estate planning articles for local publications.


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