BlackBerry Maker RIM Planning E-Mail Support for Apple’s IPhones, Android – Bloomberg

Research In Motion Ltd. (RIM) will offer companies software to manage the iPhones and other handsets that are increasingly displacing its once-dominant BlackBerry, seeking to bolster relationships with corporate customers.

BlackBerry Mobile Fusion, as the device-management software is known, will be available in the first quarter and can run alongside or replace the BlackBerry Enterprise Server networks RIM now operates for companies and government agencies, said Alan Panezic, vice president of platform product management.

“This is a really, really important strategic move,” he said in an interview. RIM is conducting trials with financial- services, manufacturing and pharmaceutical companies, he said.

The flow of devices such as Apple Inc. (AAPL)’s iPhone into the workplace is accelerating as companies seek to save money by letting workers use their own devices and making those more secure, rather than giving workers corporate-issued BlackBerrys. With the new software, RIM is offering a solution that lets corporations manage BlackBerrys as well as rival devices

via BlackBerry Maker RIM Planning E-Mail Support for Apple’s IPhones, Android – Bloomberg.

AFP: BlackBerry ‘puts monitoring centre’ in India

Research In Motion (RIM) has set up a facility in Mumbai to help the Indian government conduct surveillance checks on the company’s BlackBerry services, the Wall Street Journal said on Friday.

The financial daily quoted unnamed people familiar with the matter who said the Canadian firm opened the centre earlier this year to deal with requests from Indian intelligence agencies.

No one was immediately available for comment at either RIM or India’s telecoms ministry when contacted by AFP.

RIM and the Indian government have been embroiled in a row over access to BlackBerry services, in particular encrypted email and instant message facilities that New Delhi fears could be used by extremists to plot attacks.

Multiple deadlines have been issued to the firm to comply with government requests for monitoring.

The Wall Street Journal said RIM was now allowing surveillance of BlackBerry Internet services and the company was no longer facing the prospect of shutdowns.

RIM was complying with intercept requests on suspect individuals once it was satisfied the demand had legal authorisation, it added.

via AFP: BlackBerry ‘puts monitoring centre’ in India.

Why people still use BlackBerry: keyboards, security, and IT requirements

It’s no secret Research In Motion has lost its once-dominant position in the smartphone world. Despite slight increases in sales, BlackBerry market share has plummeted in percentage terms compared to the surging iPhone and Android, falling from 18.7 percent to 11.7 percent in the second quarter. After a recent outage left RIM’s back-end systems inconsistent and unresponsive for parts of four days, we argued that RIM is destined for an eventual demise, hastened by the consumerization of IT. As long as the iPhone and Android are good enough to meet corporate IT requirements, consumer choices will erode RIM’s last area of strength: the enterprise.

But not everyone agrees that RIM’s situation is as dire as it appears on first glance, and indeed some people prefer BlackBerrys. After all, the company has 70 million subscribers. To get a sense of what RIM’s appeal is in the iPhone and Android age, we decided to talk to some users and an enterprise smartphone management vendor that handles mobile deployments of all types. Some of Ars’ Twitter followers told us they only use BlackBerrys because their employers won’t allow other devices, and blamed corporate “inertia.” But it’s also true that some people just prefer the BlackBerry form factor, BlackBerry Messenger is well-liked, and RIM is still ahead of the competition in satisfying the unique requirements of highly regulated industries.

“It’s premature to run the obituaries on RIM,” says Dan Croft, CEO of Mission Critical Wireless, which helps businesses manage mobile deployments. “Clearly they are facing some significant issues, but there are still millions and millions of BlackBerrys out there that are operating just fine. That being said, what we’re typically seeing is not RIM getting ripped out of an enterprise environment. We’re just seeing the addition of non-BlackBerry devices.”

via Why people still use BlackBerry: keyboards, security, and IT requirements.

Court Acknowledges Calls for Caution when Applying “Proportionality Test” to Preservation, Denies Motion for Protective Order : Electronic Discovery Law

Pippins v. KPMG LLP, No. 11 Civ. 0377 (CM)(JLC), 2011 WL 4701849 (S.D.N.Y. Oct. 7, 2011)

KPMG sought a protective order to limit the scope of its preservation obligation or to shift a portion of its preservation costs to plaintiffs.  At the time, the parties awaited ruling on plaintiffs’ Motion to Certify and KPMG was preserving more than 2,500 hard drives at a cost of more than $1,500,000.  Following the court’s analysis, the motion was denied.

In this case, the plaintiffs, potential members of a nationwide FLSA collective and/or a putative New York State class, “challenge[d] KPMG’s treatment of certain accountants in its audit practice . . . .” Discovery was stayed pending determination of plaintiffs’ Motion to Certify.  KPMG sought a protective order to narrow the scope of its preservation obligation as to the hard drives of former and departing associates.  Specifically, KPMG sought an order that would require the preservation of only a random sample of 100 hard drives from among those it had already preserved for this and other litigation.  Alternatively, KPMG sought to shift the cost of any preservation beyond the scope it had suggested.  At the time of the motion, KPMG had already preserved more than 2,500 hard drives of Audit Associates at a cost of more than $1,500,000.  Moreover, KPMG indicated that there were more than 7,500 potential opt-in plaintiffs to the FLSA collective nationwide and more than 1,500 putative class members in New York.

Plaintiffs responded that they were amenable to using sampling as a means to limit the scope of preservation but opposed KPMG’s methodology.  Prior to the motion, the parties had engaged in extensive negotiations and mediation in an effort to reach agreement to no avail.

via Court Acknowledges Calls for Caution when Applying “Proportionality Test” to Preservation, Denies Motion for Protective Order : Electronic Discovery Law.

As fix begins, worldwide BlackBerry users still have problems – Computerworld

BlackBerry users Wednesday reported that problems are continuing into a third day in Europe and Asia, after Research in Motion reported on Tuesday that a fix was underway.

And for the first time, BlackBerry service slowed in North America today, according to a tweet from 680 News in Toronto shortly after 7 a.m. EDT. Others in North America tweeted BlackBerry Messenger service was down.

Elsewhere, Vodafone Qatar told the Wall Street Journal on Wednesday that every one of its wireless subscribers was affected to some degree by the service slowdown. Some, it added, had difficulty sending email or instant messages.

Computerworld UK reported on Wednesday mid-day (7 a.m. ET) that users in the UK and Europe saw service resumed briefly Wednesday morning after a 17-hour outage on Tuesday, only to crash again at 9:30 a.m.local time (4:30 a.m. ET).

Computerworld UK said Twitter users in the UK resorted to using PCs to tweet concerns, with several noting the public relations problem facing RIM.

via As fix begins, worldwide BlackBerry users still have problems – Computerworld.

As fix begins, worldwide BlackBerry users still have problems – Computerworld

BlackBerry users Wednesday reported that problems are continuing into a third day in Europe and Asia, after Research in Motion reported on Tuesday that a fix was underway.

And for the first time, BlackBerry service slowed in North America today, according to a tweet from 680 News in Toronto shortly after 7 a.m. EDT. Others in North America tweeted BlackBerry Messenger service was down.

Elsewhere, Vodafone Qatar told the Wall Street Journal on Wednesday that every one of its wireless subscribers was affected to some degree by the service slowdown. Some, it added, had difficulty sending email or instant messages.

Computerworld UK reported on Wednesday mid-day (7 a.m. ET) that users in the UK and Europe saw service resumed briefly Wednesday morning after a 17-hour outage on Tuesday, only to crash again at 9:30 a.m.local time (4:30 a.m. ET).

Computerworld UK said Twitter users in the UK resorted to using PCs to tweet concerns, with several noting the public relations problem facing RIM.

via As fix begins, worldwide BlackBerry users still have problems – Computerworld.

Anticipated Amazon Tablet to Take Aim at Apple iPad – NYTimes.com

One after another, like moths to a flame, computer makers have been seduced into entering the market for tablets. Apple made it look so irresistible, with 29 million eager and sometimes fanatical consumers snapping up an iPad in the device’s first 15 months.

But neither Samsung nor Motorola nor Acer could beg or borrow any of Apple’s magic. Research in Motion, the maker of the BlackBerry, said it shipped only 200,000 of its PlayBooks in three months — about what Apple sells in three days. Hewlett-Packard, which flopped this summer with the TouchPad, was the latest to get burned.

Now comes a final competitor, the best-placed challenger of all: Amazon.com. The retailer is on the verge of introducing its own tablet, analysts predict, a souped-up color version of its Kindle e-reader that will undercut the iPad in price and aim to steal away a couple of million in unit sales by Christmas.

A competition between Amazon and Apple tablets will be a battle that pits the company that created the first popular e-reader (and set off a still-unfolding revolution in how books are consumed) against the company that created the first popular tablet (and set off a revolution in progress about how entertainment and other media are consumed).

via Anticipated Amazon Tablet to Take Aim at Apple iPad – NYTimes.com.

Court Denies Motion to Exclude Inadvertently Produced Email, Rejects Argument that 26(b)(5)(B) Request for the Email’s Return Satisfied FRE 502(b)(3) Obligation : Electronic Discovery Law

Williams v. District of Columbia, No. 06-02076 (CKK), 2011 WL 3659308 (D.D.C. Aug. 17, 2011)

In this case, the court denied the defendant’s motion to exclude an inadvertently produced email where the defendant failed to satisfy the burden of establishing that reasonable steps were taken to prevent disclosure and where the defendant failed to promptly take reasonable steps to rectify the error.  In so holding, the court rejected the defendant’s argument that its actions pursuant to Rule 26(b)(5)(B) (i.e. sending a written request for the return of the email) were sufficient to discharge its obligations under FRE 502(b)(3).

In this case arising from claims of retaliation in violation of the District of Columbia Whistleblower Protection Act, the defendant produced a “recommendation to terminate packet” which contained a privileged email.  The email was located within the first ten pages of the packet.  Five months later, after realizing it’s mistake, the defendant wrote to the plaintiff requesting the return of the email pursuant to Rule 26(b)(5)(B).  The plaintiff did not respond and the defendant did not follow up.  More than two years later, when the email was identified as an exhibit for the plaintiff, the defendant filed a motion to exclude.

After ordering additional briefing from the parties, including on the issue of whether requesting the return of inadvertently privileged material pursuant to Rule 26(b)(5)(B) was “necessary or sufficient (or neither) for a party to discharge its obligations under Rule 502(b)(3),” the court denied the defendant’s Motion to Exclude. (FRE 502(b)(3) requires a party who has inadvertently produced a privileged document to “promptly” take “reasonable steps to rectify the error, including, if applicable following Federal Rule of Civil Procedure 26(b)(5)(B)” to avoid waiver.)

via Court Denies Motion to Exclude Inadvertently Produced Email, Rejects Argument that 26(b)(5)(B) Request for the Email’s Return Satisfied FRE 502(b)(3) Obligation : Electronic Discovery Law.

Timing is Still Everything: Motion for Spoliation Sanctions Denied as Untimely : Electronic Discovery Law

Am. Nat’l Prop. & Cas. Co. v. Campbell Ins., Inc., No. 3:08-cv-00604, 2011 WL 3021399 (M.D. Tenn. July 22, 2011)

In this case, the court denied plaintiff’s Motion for Sanctions for Spoliation of Evidence as untimely, citing the facts that it had been 14 months since the alleged spoliation was discovered, that discovery had already closed, and that trial was weeks away.  In reaching its conclusion, the court relied heavily on the summary of the law regarding the timeliness of spoliation motions laid out by the court in Goodman v. Praxair Servs., Inc., 632 F. Supp. 2d 494 (D. Md. 2009).

Plaintiff learned in May 2010 that defendants had failed to preserve certain emails from a particularly relevant time period which plaintiff believed would have contained “damning” evidence of defendants’ efforts to solicit plaintiff’s customers in violation of their non-compete obligations.  Despite its belief that spoliation had occurred, plaintiff waited until July 6, 2011 to file a motion for sanctions.  By that time, discovery had closed, the deadline for filing discovery motions had passed, and trial was weeks away.

via Timing is Still Everything: Motion for Spoliation Sanctions Denied as Untimely : Electronic Discovery Law.

US approves Blackberry PlayBook for federal government worker use – The China Post

Blackberry’s PlayBook electronic tablet has been approved for use in all U.S. federal government agencies, becoming the first tablet to get certified, developer Research in Motion (RIM) said Thursday.

The Waterloo, Canada-based RIM said its PlayBook, which has an 18-centimeter (seven-inch) high definition screen, received Federal Information Processing Standard certification, which is delivered by the National Institute of Standards and Technology.

via US approves Blackberry PlayBook for federal government worker use – The China Post.