It’s unethical to mine metadata It’s unethical to mine metadata April 30, 2006 Regular News Such information is protected by the attorney-client privilege Gary Blankenship Senior Editor Lawyers sending electronic documents should take all reasonable steps to remove “metadata” from those documents, and recipient lawyers should refrain from looking for metadata if they reasonably know that such information is not intended for their eyes.The Bar’s Professional Ethics Committee is putting that advice in a proposed advisory opinion for comment by Bar members. The committee also issued a PAO on digital copying of paper legal records and addressed the propriety of an estate lawyer being named the beneficiary in a client’s bank account, among other matters at its April 10 meeting in Orlando.Metadata is hidden information that computer word processing programs keep with a document and can accompany it when it is electronically transmitted. Such information can include when the document was created, who has viewed it, a history of changes and comments made, and other information. In one case, a client’s e-mailed comments about the document were attached while it was being revised. Even though the comments were deleted from the final version, they were still contained in the metadata and able to be recovered by the recipient.That example and others prompted the Bar Board of Governors to ask the PEC to look at the issue both from the sending and receiving attorney perspective. The board also passed a resolution expressing its disapproval at “mining” metadata from electronically transmitted documents.PEC members found that lawyers sending digital documents have a responsibility to see that confidential information is protected.“It is the sending lawyer’s obligation to take reasonable steps to safeguard the confidentiality of all communications sent by electronic means to other lawyers and third parties and to protect from other lawyers and third parties all confidential information, including information contained in metadata, that may be included in such electronic communications,” the PAO says.As for receiving attorneys, the opinion holds: “It is the recipient lawyer’s concomitant obligation, upon receiving an electronic communication or document from another lawyer, not to try to obtain from metadata information relating to the representation of the sender’s client when the recipient knows or should know that the information is not intended for the recipient. Any such metadata is to be considered by the receiving lawyer as confidential information which the sending lawyer did not intend to transmit.”The opinion also says that law firms may have to seek out continuing training and education to ensure a technological understanding of how to strip metadata from transmitted documents.The opinion is reproduced in full beginning on page 24. The PEC will consider any comments from members at its June meeting. Making electronic copies of paper records is another issue referred by the Board of Governors to the committee. Several attorneys, concerned about preparing their offices for hurricanes, have asked the Bar about the propriety of switching paper records to digital data. The PEC found there were no Bar rules that prohibit lawyers from making electronic copies of paper records. But it also said safeguards must be observed. “The committee cautions lawyers that electronic files must be readily reproducible and protected from inadvertent modification, degradation, or destruction. The lawyer may charge reasonable copying charges for producing copies of documents for clients.. . . Finally, lawyers must take reasonable precautions to ensure confidentiality of client information, particularly if the lawyer relies on third parties to convert and store paper documents to electronic records,” the opinion says. “The committee encourages the use of technology, such as electronic file storage, to facilitate cost-effective and efficient records management. However, the committee is of the opinion that a lawyer is not required to store files electronically, although a lawyer may do so.” That opinion is also reprinted in full, beginning on page 25. On the estate attorney issue, the committee had a vigorous debate. The inquiring attorney said that an estate planning client had died and left him $18,000 by naming him as a beneficiary to a bank trust account with that sum in it. The client also named the attorney as her personal representative to her estate. The lawyer had originally contacted the Bar’s Ethics Department in 1999 when the client wanted to give him a $15,000 check as a gift. The Bar advised him in a staff opinion that he should not accept the check, since Bar rules prohibit attorneys from preparing estate documents that confer a benefit on them. The client then apparently put the money in a trust account, naming the attorney as beneficiary. When she died, the bank contacted the attorney and said it could only release the money to him. Committee member Martha Barrera warned that allowing the gift could create a loophole in Bar rules where an attorney could exert undue influence on the client for the attorney’s benefit. But committee member Skip Smith said there appeared to be no violation of Bar rules, which only prohibit an attorney from preparing an instrument from which he or she benefits. The committee first voted 7-14 to reject a modified version of a staff opinion saying the lawyer could not accept the money, and then rejected the unmodified opinion 6-14. Smith made a motion to draft a staff opinion saying while there was no Bar rule prohibiting the acceptance of the gift, it might cause a conflict with the attorney’s position as personal representative of the estate. It also said if the attorney had anything to do with setting up the account, then he could not accept the gift. That passed 18-5. On another issue, the committee declined to withdraw Ethics Opinion 77-30, which holds that an attorney hired to work for an entire county commission cannot represent one commissioner on an ethics complaint before the state Ethics Commission. Local governments had complained that could make them hire expensive outside counsel to handle frivolous complaints against local elected officials. The PEC appointed a subcommittee, which recommended retaining the opinion, but noted it applied to a specific set of facts and there might be a different conclusion under a different set of facts. The board approved upholding the opinion 19-0. The committee also addressed two separate inquiries on ancillary businesses. In one, a bankruptcy attorney wanted to be able to act as a mortgage broker when clients seek to get out of bankruptcy by refinancing their homes. The second involved an attorney with mainly an estate planning practice who wanted to set up an ancillary business to advise clients and sell them life insurance. The committee responded to both that the practices would be allowed as long as the lawyers can fully comply with rules on personal conflicts of interest and follow the requirements of the rules on business transactions with clients.
Community development financial institution (CDFI) numbers have ripened in recent years, increasing 28% from 2013 to 2014, which may have a positive impact on the overall economy.According to a new study by the Filene Research Institute, credit unions with this designation are vital to making a significant impression on both social and economic development.Mark Pinsky, Opportunity Finance Network President & CEO explains how a CDFI credit union can influence and drive the economy. Pinsky’s organization, the Opportunity Finance Network is a national network of high-performing CDFIs that boasts around 15 credit union members.“Nearly a decade post-recession, many Americans are still walking a financial tightrope,” he explains. “The underbanked and unbanked communities are struggling to pay bills and make credit payments, have little to no savings to make ends meet if they were to experience a sudden drop in income, and have virtually no sustainable retirement savings. Irresponsible and predatory financiers target the underbanked and feed off of their need for immediate cash flow.” continue reading » 3SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr
THE Guyana Baseball League (GBL) has recorded a productive 2016 with international competition being the highlight.In his New Year’s message president Robin Singh stated, “We are proud to report on our first foray into international competition, our U-21 female team took part in the Canadian U-21 Women’s Invitational. It was a wonderful experience for our players and a learning one for the management team.”The president said, “Baseball Guyana featured on Canadian National Television and local (Halifax) newspapers and radio, garnering great publicity for our 50-year old nation.”The message continued, “On behalf of the whole Baseball Guyana organisation, we wish you all the best as we begin another journey of challenges, victories, lessons and changes in the year ahead.“2017 will see us build on this experience with male teams competing in the Federation of Baseball and Softball Pará (Brazil) International tournament in April. The females will also play in a tournament in the USA.”Meanwhile the junior teams will begin competing in regional age group tournaments in the Americas region with the road to Olympic qualification beginning in September 2017.“2017 will also see the establishment of the much anticipated Georgetown programme at the Ministry of Education ground, Carifesta Avenue. We have been kindly accommodated by the Minister of Education, Dr. Rupert Roopnaraine, who continues to champion the cause of a holistic education encompassing academics, sport, music and arts.”The body will also be embarking on an ambitious coaching education drive and targeting the training and equipping of school teachers from all regions of Guyana.It’s often repeated main goal is the establishment of a baseball facility and in 2016 the body moved inexorably closer to achieving this.“We have no doubt that in 2017 much will be done to achieve our goal of a world class baseball academy for the benefit of our entire nation’s youths,” the statement ended by saying.
At Anfield, it was Belgium international Hazard who was introduced as a substitute in the second half and although he was quiet for much of it, burst into action by beating Alberto Moreno and smashing a finish into the far corner.The Blues had been the better side in the first half with striker Alvaro Morata somehow striking a shot across the goalline and the Spaniard also nodded a free header over the crossbar.Premier League leaders Liverpool, who had won all seven games this season, took the lead through Daniel Sturridge’s well-executed hooked finish, just minutes after the England international missed a completely open net.Chelsea levelled the contest through Emerson Palmieri’s close-range finish which needed intervention from the video assistant referee (VAR) to check for offside before being awarded.Liverpool will be looking for revenge when the two sides meet again in the league on Saturday (kick-off 17:30 BST), while the fourth-round draw takes place on the same day.At MK Stadium in Milton Keynes, England international, Dele Alli recused Tottenham Hotspur WOTH a late equaliser after Nigeria’ Issac Success had put Watford in front but Erik Lamela for Spurs and Emmanuel Capoue scored late in the match for the match to go into penalty shoot out which the top English Premiership side won 4-2.Tottenham goalkeeper Paulo Gazzaniga saved twice in the shootout before Alli scored the winner.Success and Will Hughes scored for Watford in the shootout but Gazzaniga denied Capoue and Domingos Quina.Son Heung-min, Lamela and Fernando Llorente converted Tottenham’s opening three penalties before Alli, who began his career at MK Dons, slotted past Gomes.Although Tottenham were the ‘home’ side, the game was played at Stadium:MK in Buckinghamshire because of delays in the construction of their new stadium.They had originally expected to move into the 62,000-seater ground by 15 September, but the work has overrun, with no known date for its completion.Tottenham played their first two home Premier League games of the season at Wembley, but that was unavailable for this tie after staging Saturday’s world heavyweight title boxing match between Anthony Joshua and Alexander Povetkin.That meant the four-time League Cup winners played a home match more than 50 miles away from their new stadium.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram CARABAO CUPEden Hazard scored a stunning late winner as Chelsea came from behind to end Liverpool’s perfect start to the season and their hopes of winning the Carabao Cup.Aside Chelsea, Arsenal and Tottenham Hotspurs also sailed through into the next round but West Ham United secured the biggest win of the night with a 8-0 win over Macclesfield Town.
Saturday 28 November (Paris) – Climate change is a global issue like conflicts and the financial meltdown and like them it requires global solidarity and cooperation, says international agency ActionAid ahead of climate talks in Paris.That is why rich, developed nations that have caused climate change must support a deal that helps developing countries adapt to the impacts and deal with the loss and damage caused.As world leaders head to Paris for the Conference of the Parties (COP21), ActionAid is joining local communities across the world to demand more ambition from world leaders, including a commitment on a Global Goal on Adaptation and a stronger institution to address loss and damage.ActionAid has calculated that finance for climate change adaptation in developing countries needs to increase to at least US$50 billion per year by 2020.Adriano Campolina, Chief Executive of ActionAid, said:“Just like conflicts and the financial meltdown, climate change is a global issue that calls for global solidarity and cooperation.“Climate change is happening now, and countries such as Bangladesh and Senegal are on the front line. People are losing their homes and land, their crops and water, and women are particularly vulnerable to these impacts.“Climate change is driving increasing levels of hunger, poverty, disease and migration. But without financial support from rich countries, poorer countries will be unable to cope with these impacts.“The rich developed nations that are most responsible for the climate crisis, must live up to their responsibility to support developing countries. Rich countries must keep to their 2009 Copenhagen pledge to provide US$100 billion, so that developing countries can adapt to climate impacts and choose greener development pathways.“World leaders must agree a credible plan to provide enough money. Otherwise the new climate agreement will be leaving the world’s most vulnerable people to fend for themselves.”ActionAid is already working with communities to help them deal with a changed climate, as well as responding to climate-related disasters. ActionAid is also campaigning for change at the global level, because international action is needed to make a difference.Climate adaptation efforts are a priority focus for many developing countries. They have contributed the least to cause climate change, but they are more vulnerable and lack the necessary financial resources to cope with climate impact.Important NotesActionAid is leading the way in helping people protect their lives and livelihoods, from building flood-proof villages, to providing salt resistant seeds and teaching children how to survive in a disaster. The impacts of climate change are felt most keenly in developing countries and especially by women. Women are more likely to be adversely affected by climate change than men, according to the UN. When floods hit, homes and crops are destroyed. Women have to walk long distances to find clean water, fuel and food for their families. The essential things women need to help them adapt – land and money – are often not available to them.ActionAid’s recent reportMind the Adaptation Gap, reveals the cost of helping poor people adapt to climate change amounts to around 0.1 per cent of a rich nation’s GDP. The 0.1 per cent cost of adaptation is relatively small compared with the seven per cent of GDP major economies spent on bailing out the banks after the 2008 financial crisis, or the two per cent of GDP that NATO members commit to spending annually on defence.However, rich nations’ current contributions to helping poor countries adapt to the climate crisis fall far below the amount of money needed. Rich countries must increase the total amount of grant-based finance provided for adaptation in developing countries from the $3-5 billion in 2013, to at least $50 billion per year by 2020, and at least $150 billion per year by 2025.Climate finance must be additional to Official Development Assistance (ODA), and must not affect the amounts countries spend on ODA. Adaptation to climate change enables and increases development, but it does not substitute for existing development plans, which are crucial for safeguarding people’s rights and social justice.