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October 31, 2006

Document Assembly at the Tipping Point?

My first real foray into serious legal technology involved putting together a document assembly application for estate planning documents at one of my former law firms over 15 years ago. I've written about document assembly in a number of articles over the years.

Two of the most enjoyable and enlightening conversations I've had on the topic have been with Jamie Wodetzki of Exari.

If you have any interest in document assembly and the current state of the art, check out Jamie's post "Everything You Ever Wanted to Know about Precedent Automation," in which Jamie describes a recent online conference that featured a list of many of my favorite document assembly experts.

Consider carefully Jamie's question: "So, are we facing a revolution in the delivery of legal documents?"


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]


Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.


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Posted by dmk at 09:45 PM | Comments (0)

October 30, 2006

Great Lists of Software Utilities

I've found a couple of useful lists of free/low-cost software utilities recently and I recommend them to you.

First, although it's a few months old, PC Magazine has a feature called "14th Annual Utility Superguide."

Second, there's the Ultimate List of Free Office Software from Microsoft - 150 of them.

Third, there's 150 more at Ultimate LIst of Free Windows Software from Microsoft.

Fourth, there's the top ten Open Source programs for Windows list on LifeHacker.

Fifth, for Mac users, take a look at 10MacApps on GigaOM and, especially, the comments.

Sixth, a top ten list of Open Source programs for the Mac.

Happy downloading.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]


Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.


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Posted by dmk at 09:02 PM | Comments (0)

Dennis Kennedy Profiled in Law Practice Magazine

Mark Tamminga interviewed me for a little featurette in the current issue of the ABA's Law Practice magazine (note: the article will be available for a short period before it disappears behind a "members only" firewall). We cover a range of topics and you'll learn a bit about my background and story. I also talk about my perspective on blogging and RSS, legal technology and other topics. Check it out. Thanks, Mark and Law Practice magazine. Lots of other great articles in this issue.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]


Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).


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Posted by dmk at 08:20 PM | Comments (1)

October 26, 2006

CityTech's Global Tech Leaders Top 100

Karen Jones, editor of London's CityTech, has posted the Global Tech Top 100 Leaders list for 2006 (pdf here). The focus is on technology in the legal industry, and it's a list determined by the choices of 2,000 people involved in legal technology. It's an impressive list determined by peers and I'm quite honored to be on the list, along with so many people whose work I admire.

I'm pleased to be singled out for three things that are important to me - blogging, innovation and "for talking about Law 2.0."

Today, JoAnna Forshee, Matt Homann and I were talking about the next LexThink event, which we are calling Litigation 2.0. Matt's also on the Top 100 list and JoAnna has been on the list as well (she helped with it this year). To me, Litigation 2.0 is a piece of Law 2.0, and perhaps the piece of it that will arrive the earliest. (By the way, nothing official yet, but we're thinking of early spring 2007 in New York City for the Litigation 2.0 event.)

As I think about Law 2.0, the one thing I know for sure is that if you took the 100 people on this list, brought them together to brainstorm, and turned them loose on the question of what Law 2.0 would look like, you'd get something pretty amazing. And that would be one heck of a LexThink conference. Matt and JoAnna, there's an idea for our next conference call.

Thank you to Karen and CityTech for putting together this great list and recognizing the people and their contributions.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]


LexThink!(R) - The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. In 2007 - Litigation 2.0.


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Posted by dmk at 09:43 PM | Comments (2)

October 24, 2006

Electronic Discovery on my Mind

I had a great time this morning recording a panel discussion with Tom Mighell and Ron Friedmann on the new amendments to the Federal Rules of Civil Procedure and the changes they will bring to electronic discovery. Thanks to Toby Younis of Merrill who came up with the idea and will soon put the discussion up on the Merrill website. Ron moderated with insightful questions and added some great comments. Tom had his usual excellent insights and I offer my usual non-traditional perspective - there's a lot to think about. If you are a litigator, I hope that you have started to put your thinking cap on.

I'll also be presenting a seminar session tomorrow on the new amendments and trends in electronic discovery.

I must admit that my initial reaction to the amendments was that there didn't seem to be much there. In fact, I didn't even single them out as a specific trend in my EDD trends presentations earlier this year, covering them as just a part of "court-directed pressure to change." Over the past few months, I've come to see how these amendments will likely prompt a sea change in how law is practiced in the U.S. Let's face it, most lawyers have successfully avoided electronic discovery until now, but things are about to change drastically. Or, at least as drastically as anything in law is likely to change.

I'll post a link when this roundtable is available.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Learn more about electronic discovery at Dennis Kennedy's Electronic Discovery Resources page.


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Posted by dmk at 02:07 PM | Comments (0)

October 23, 2006

All Aboard the Blog Train

It seems that I haven't spoken much lately about blogging and it's been awhile since I've given a presentation in St. Louis.

Thanks to the good people at the St. Louis Chapter of the Institute of Management Consultants, I'll get to do both on November 17.

Here are the details:

ALL ABOARD THE BLOG TRAIN: BUILDING YOUR AUDIENCE, REPUTATION AND BUSINESS WITH BLOGS AND PODCASTS

Dennis Kennedy, Speaker

November 17, 2006

Registration & Networking 7:15 am, Breakfast 7:30, Meeting 8:00 am - 9:15 am
Ces & Judy's
(10405 Clayton Road (in Le Chateau Village, St. Louis, Missouri)

Tom Peters has said, "Biz Blogging . . . works. It is of . . . MONUMENTAL IMPORTANCE. (Or can be.)" In the session, well-known St. Louis blogger Dennis Kennedy (http://www.denniskennedy.com/blog/) will introduce you to the new world of blogs and podcasts and the benefits they now bring to many consultants and professional services providers. You will start with blogging 101 and then learn how you can uses blogs and podcasts to connect with a larger audience, enhance your reputation and marketing reach, and build your business. Kennedy will share his insights from more than three years of blogging. Business blogging does work.

Dennis Kennedy (dmk@denniskennedy.com) is a St. Louis lawyer who both practices computer law and provides technology consulting services for law firms and corporate legal departments. His blogs, DennisKennedy.Blog (http://www.denniskennedy.com/blog/) and Between Lawyers (http://betweenlawyers.corante.com/), are among the longest-running, best-known and most influential of the legal blogs. In 1995, Dennis became one of the first group of lawyers with a web page, and he has frequently spoken, written and been quoted on Internet marketing issues, including the use of blogs by lawyers and other professional services providers.

An award-winning author with hundreds of publications to his credit and a frequent speaker, Dennis was named the 2001 TechnoLawyer of the Year and 2003 Contributor of the Year by TechnoLawyer.com for his role in promoting the use of technology in the practice of law. His website (www.denniskennedy.com) has long been considered a highly regarded resource on legal technology and technology law topics.

He is also a co-founder of LexThink!, a conference and consulting group that focuses on innovation in the professional services industry (http://www.lexthink.com). Dennis also co-writes a popular column on electronic discovery at DiscoveryResources.org. He is a member of the ABA Law Practice Management Section’s Council and is an editor and board member of the Law Practice Today webzine (http://www.lawpracticetoday.org).

Dennis received his J.D., cum laude, from the Georgetown University Law Center in 1983 and B.A., magna cum laude, from Wabash College in 1983.

Costs: $30 for IMC Members, $40 for non-IMC members,includes buffet breakfast.

If you bring a first-time guest, you will get $5.00 back at the door. Also, your Guest will receive a $5.00 discount.

We prefer that you register via our online registraton below. If you must call in your registration - call Kathy Robinson at Cost Containment Strategies - 314-439-5673.

Please make your reservation no later than Tuesday (by noon) before the Friday program.

Get more info about IMC-STL and the presentation here. Register here.

IMC-STL is a great group. I invite my local readers - lawyers or non-lawyers - to attend this session and learn more about the topic and the group.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 10:48 PM | Comments (0)

October 19, 2006

Litigation 2.0

Litigation 2.0. So it begins.

I told the audience at my presentation on electronic discovery trends last June at the Legal Tech West Coast conference that on the morning of my presentation I had a bit of an epiphany about where electronic discovery was going as it moved toward its next evolutionary stage. I sketched out a few notes that morning on where I saw it going. Then I had a near "Jerry Maguire" moment and, until my better judgment prevailed, nearly scrapped my prepared presentation and rewrote something new called "Electronic Discovery 2.0."

I set aside the notes and haven't yet returned to them, although you will pick up some of the ideas here and there in my recent writings on electronic discovery. They are, to me, some of the most interesting ideas on legal tech that I've had, but haven't yet written about.

Litigation 2.0

In the last few days, however, these ideas have come back to me with renewed life. In part, that's because of a conversation I had with John Thickett of the Tusker Group about their approach to outsourcing electronic discovery work and processes, and the implications of that outsourcing. In part, it comes from podcasts I've listened to featuring Andy Kessler, the author of The End of Medicine (podcast link), and C.K. Prahalad (podcast link).

But, mainly, it's from the recent conversations Matt Homann, JoAnna Forshee and I have had about the next public LexThink! conference, which have focused on the topic of a new kind of conference on electronic discovery.

Litigation 2.0

In keeping with the LexThink approach, we wanted a conference that was innovative and different, that was both intensely practical and allowed people to consider the big picture and deeper implications. Ideas moving to action.

I kept pushing us to look at what was happening in the trenches. Let's face it, the most interesting things happen at the points where different fields intersect and with the people working at those intersections. To me, that's the world of litigation support and litigation support managers – right at the point of intersection of IT, client concerns and the practice of law.

So, we've been turning over that idea and working it into form.

Litigation 2.0

Yesterday, we decided that this area would be the focus of the next public LexThink conference in early Spring 2007.

We absolutely did not want to do another electronic discovery conference that academically covered Zubulake and the new amendments to the Federal Rules of Civil Procedure. There's plenty of room for those and many of them are quite good. But that's not our territory.

We want to explore what the changing environment means for people who need to make decisions and get things done in the real world and have excellent insight into where all of this is taking us. It's best to focus on these topics in ways that help people do their work better, make their lives easier, and help them learn together and form communities with people facing the same issues.

That's a discussion that has to happen. And it needs to involve lit support managers (in law firms and corporations), lit support and electronic discovery vendors (the tool makers), the helpers and consultants, the clients, judges, and lawyers too. I've long wanted to participate in that discussion, but now I believe that we can facilitate it as well.

Litigation 2.0

As usual, the discussion came down to deciding on a name that was big enough and broad enough (and short enough) to hold what we wanted. Using "electronic discovery" or "lit support" is too limiting. We've always had the idea of "summit" floating around this project, but, yesterday, even that didn't feel right.

It's a big change in the process of happening – not necessarily moving into new territory but recognizing that the territory we inhabit has already begun to change. Think of "paradigm shift" in the classic Thomas Kuhn sense of the term.

Announcing Litigation 2.0 – the conference, the concept and the conversation.

Details to come.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

This post brought to you by LexThink!(R) - The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon – a new public LexThink event. Watch for details.


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Posted by dmk at 07:24 PM | Comments (1)

October 18, 2006

St. Louis Idea Market II - Redux

I had a great time and met some cool people at the second St. Louis Idea Market last night.

I'm fascinated each time I see Open Space (and the other creativity exercises Matt Homann like to try) in action.

I was tired when I got there and planned to lie low and keep quiet. However, there was a great energy in this group and Dave Gray of Xplane managed to get me thinking and talking about creativity.

It was funny to find myself talking about my recent thinking about the iPod shuffle feature (what I now think of as my iPod shuffle trilogy), and then to see how the group discussion brought me back to thinking about Twyla Tharp's book, The Creative Habit, which always gets my highest recommendation. I ended the evening by re-reading a chapter of the book.

That may or may not have led to something I'll post tomorrow, which I consider among my more creative efforts in a while.

A great time - hope to see you at the next one.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

LexThink!(R) - The Legal Unconference. Ask us about private LexThink retreats and conferences for your firm, business or organization. Coming soon - a new LexThink public conference.

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Posted by dmk at 08:58 PM

Revisiting the Land of Legal Metadata

There's a new edition out of the Thinking E-Discovery column Tom Mighell, Evan Schaeffer and I write over on the ever-excellent DiscoveryResources.org site.

In this column, called "Metadata Revisited: Recent Developments, Correcting Common Misconceptions and Analyzing the Florida Approach," Evan and I give Tom a break to prep a trial while we revisit the murky netherworld of lawyers' reactions to metadata, especially the unusual approaches taken by the Florida Bar. We have some fun with the issue and try to teach some basics about metadata, help you avoid common metadata misconceptions, and offer some ways for you to deal with metadata issues a little better.

If the column piques your interest in electronic discovery, check out our previous columns and then take a run over to the new column Tom and I wrote about our favorite Internet resources for electronic discovery called "EDD-ucating Yourself About Electronic Discovery."

As a note, all of my blog posts on electronic discovery may be found in the electronic discovery category archive on this blog.

As I've mentioned before, Tom and I do some speaking on electronic discovery topics.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Learn more about electronic discovery at Dennis Kennedy's Electronic Discovery Resources page.


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Posted by dmk at 08:34 PM | Comments (0)

October 16, 2006

Procrastination Cured! (Well, At Least Helped Some)

I've been planning to write about this topic for a few days. . . .

I've written about David Allen, Getting Things Done and procrastination from time to time on this blog (see this post, for example).

In the last few days, I've been having a bit of a David Allen / GTD festival. I did a big brain dump and collection of tasks,along with a sorting and organizing, in part prompted by watching a video seminar, courtesy of the great people at MindJet, in which Allen talked about the GTD (that's "Getting Things Done") approach and how he uses mindmaps. Details on viewing that seminar can be found here.

Even better, Merlin Mann at the great 43 Folders blog is doing a series of podcast interviews with David Allen on a number of topics.

I listened to the one on procrastination today. It's insightful and enlightening, at both the practical and psychological level. I liked Allen's comment that the prettier his house looked, the more you could tell that he was avoiding a big project. I also was cheered to learn that the time management guru cheerfully admits to the need to deal with procrastination.

This session is especially good for bloggers. Many times, you will find barriers and distractions to getting a post up there, especially if you get hung up on writing the "great American blog post."

Currently, I have a few of those that I'm not writing - but I do have titles for them. Here are just a few on my list that I hope will one day get written and see the light of day: "The Unbearable Everydayness of Blogging," "Reading on the Backstreets," "OODA Loops in the Delivery of Legal Services," "The Coming Legal Expansion to India," "My Email from Patti Smith," "The Compleat Macintosh Primer for Lawyers," to name just a few that I see on the list I'm looking at now. It probably goes without saying that these would all be long posts.

With the new ideas I have, I have a new understanding of the procrastination issue. Soon, action may follow. If you haven't experimented with the whole podcast thing yet, the procrastination podcast might be a good starting place.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Remember the St. Louis Idea Market #2 on October 17 - details here. Hope to see you there.


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Posted by dmk at 09:25 PM | Comments (0)

October 11, 2006

St. Louis Idea Market II

I wanted to remind readers in St. Louis that there's still time to sign up for the second St. Louis Idea Market. Details at Matt Homann's new Idea Surplus Disorder blog. Hope to see you there.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Posted by dmk at 08:27 PM | Comments (1)

October 10, 2006

EDD-ucating Yourself About Electronic Discovery

The newest issue of the ABA's Law Practice Today webzine is where you'll find an article Tom Mighell and I wrote called "EDD-ucating Yourself About Electronic Discovery." (A minor problem with the byline might be fixed by the time you read this.)

In the article, Tom and I give you a long list, organized by categories, of the best Internet resources we have found on electronic discovery. It should be a handy one-stop reference that will be a great starting place for finding information about electronic discovery, including the new amendments to the Federal Rules of Civil Procedure. Tom and I assembled this list in connection with the recent presentation we gave on electronic discovery.

There's a lot happening in the world of electronic discovery and it is vital to keep up-to-date.

The money quote from our article:

Conclusion: There's a heckuva lot to learn about electronic discovery. If you are feeling a little overwhelmed by EDD, there's good reason for that feeling. However, the good news is that there are tons of very high quality free resources on EDD easily reachable via your browser. Spend some time exploring this links and you'll become well-"edducated" about EDD.

Based on a quick Google search, we believe that this article is also the first use of the term "edd-ucated" in connection with electronic discovery education. We may regret that later.

As usual, there's a lot of great stuff in this issue of Law Practice Today, but I definitely recommend Craig Ball's "Hitting the High Points of the New e-Discovery Rules," another in a series of excellent electronic discovery articles Craig has written this year.

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]

Learn more about electronic discovery at Dennis Kennedy's Electronic Discovery Resources page.

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Posted by dmk at 10:00 PM | Comments (0)

October 09, 2006

Shuffle Logic

For those of you interested in the iPod shuffle phenomenon as I am, I thoroughly recommend this excerpt, called "Oh No Steely Dan Again," from Steven Levy's upcoming new book, The Perfect Thing: How the Ipod Shuffles Commerce, Culture And Coolness.

If you use the shuffle feature on your iPod, the excerpt will ring true. You do start to wonder how "random" the randomness is, question whether certain artists are over-represented or under-represented, seem to see recurring patterns over one artist following another, or even seek to find meaning in the pattern that is shuffled out to you. Some even attribute ESP or other magical powers to the shuffle.

In Levy's case, he felt that the shuffle was over-weighting Steely Dan songs. After exhaustive (and fascinating) research, he concluded that the shuffle was indeed random, but that humans have troubles dealing with randomness. As he says, "My original iPod's fixation with Steely Dan turned out to be my fixation - shared with all iPod users, if not all of humanity when trying to deal with randomness."

Now for the really interesting part.

Apple, in response to the sense of non-randomness people had, adding the "smart shuffle" to let you tune how your music is shuffled. Steve Jobs said, "We're making it less random to make it feel more random."

And, now, the money quote:

I had already come to terms with the idea that the iPod version of shuffling creates a sufficiently unbiased distribution to earn the casual appellation of "random". What was bothering me was now something even deeper. Yes, the bothersome clusters of certain artists are within the bounds of randomness. But that made me realise that the seemingly magical effects of the shuffle function - a spooky just-rightness, even brilliance, that comes from great song juxtapositions - were also consequences of randomness.

And, in its own way, that was much more disturbing.

I'm not sure that it's disturbing. It's intriguing, especially in the way that it causes us to see patterns and find meaning in the pattern that is shuffled out to you


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]


Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).


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Posted by dmk at 10:17 PM | Comments (0)

October 05, 2006

Rick Klau's Latest Great Idea: Resume as Wiki

You've gotta check out Rick Klau's recent post called "Resume as a wiki."

Rick has found a great way to use wikis to solve one of the most nagging problems anyone who has a blog or website has - how to keep your bio up-to-date in an easy way.

I must admit that I've long been interested in the concept of wikis (and odds are that I probably initially learned about them through Rick). However, concept and reality are two very different things, especially with wikis, and, despite many different efforts, I've never been involved in a wiki project that actually "stuck" for me. All of them got abandoned, usually in short order.

But the concept continues to intrigue me.

And, even though this goes against the grain of the "collaborativeness" associated with wikis, I've long been interested in personal wikis. They seem that they could be a tool for personal knowledge management.

My sense for wikis is that you need an "easy enough" wiki tool and, most important, a project about which you are motivated or which gives you a clear personal benefit for which a wiki makes sense. Ideally, this would be a small and simple project where ongoing changes are required. I could see doing a book project, certain research projects or even a set of common legal forms by means of a wiki (although any number of other tools would also work).

The problem, at least for me, is that I tend to think of wikis in an abstrat sense that is neither small nor simple. For example, "hey, I could create a wiki that is a personal management tool for all my collected research."

It's too big, too vague, too daunting. At the same time, we see the benefit of Wikipedia and how it's a wiki that really works. We forget that it is now the end product of a ton of work that started from modest beginnings.

I think personal Wikipedia - and the result is that nothing gets done. It's too big and abstract. There's also little motivation to keep tweaking it and adding to it over time. The goals are too vague.

That's why Rick's idea is so fascinating and may get me off the mark on wikis.

Here's his notion, even though it's best to read his post in its entirety. We all have "About" pages on our websites and blogs. They are often some of the most visited pages.

On blogs, it's hard enough to write a steady stream of posts, let alone revise standalone content like bios. As a result, our bios are often out of date and don't include the most recent stuff. How many of you have "about" pages that list your last article as being a year or two ago or have an "upcoming presentation" from six months ago?

Rick's great insight is that a wiki is a great tool to allow you to simply and easily make changes and add links to your bio and other "about" information.

Why do I think this a great insight? Yeah, you can use Word or anything else to do this, but the wiki gives you the sense of a living, often-revised document that is easy to change, add links and update.

It's also simple, precise, concrete and reasonable in scope - everything the "my personal KM wiki" is not.

And,using a wiki as a tool in this context makes great sense. It fits the wiki concept really well.

Check out what Rick has done with his "About me" page and see what you think.

I like the approach. I also realized that I've been a fan of Rick and his work on use of the Internet for a long time - Red Street and Inherent (you'll learn more when you look at Rick's "About me" page) were pioneering efforts in the use of Internet by lawyers and I learned much in my early Internet days from both of them.

Rick's post does a nice job of laying out the specifics of what he did and mentions tools and approaches. By the way, this is the type of useful, practical information for which Rick is well known.

The money quote:

Now that it’s easy to update, I can keep the CV up to date with a minimum of effort. And I can easily capture additional content that I hadn’t done in the past, like links to blog posts made by people who wrote about my presentations.

If you are looking to dabble with wikis, Rick has provided a great idea. I want to try this idea out. As the song says, "from small things one day big things come."

[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]


Learn more about legal technology at Dennis Kennedy's Legal Technology Central page.


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Posted by dmk at 08:26 PM | Comments (0)

October 02, 2006

Meme to Watch: Identity and VRM

Lots of interesting posts coalescing around a theme or meme for me today.

I was listening to a fascinating podcast of a discussion between Jon Udell and Phil Windley about identity issues in our Internet and post-9/11 world. Highly recommended. Interesting stat from the podcast - 20% of identity documents get lost (do you know where your original Social Security card is? Birth certificate?).

They also mentioned P3P, a concept whose name I was trying to remember during a conversation last week, wondering what had happened to the idea.

All of which connected to the VRM - Vendor Relationship Management - an idea that Denise Howell brought to my attention here (part 3 of the podcast Denise mentions is especially recommended). My initial reactions are here. Start with this article by Doc Searls to learn more about the idea of VRM.

This evening, I caught up with this recent post on VRM from Dave Winer. Dave also pointed to this post from Kim Cameron on the topic.

As Cameron says, "This is exciting stuff."

I love it when a meme comes together. This is one to watch. I'm especially intrigued by combining the concept of P3P (not the reality of it) with the idea of VRM and identity management. In all events, the Udell/Windley podcast should definitely be on your listening list.

Watch for more of my thoughts about podcasting and its benefits in an upcoming post soon.


[Originally posted on DennisKennedy.Blog (http://www.denniskennedy.com/blog/)]


Like what you are reading? Check out the other blogs where I post - Between Lawyers (feed) and the LexThink Blog (feed).


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Posted by dmk at 09:05 PM | Comments (0)

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