New York State Bar Association Releases Practitioner’s Guide to E-Discovery

To help lawyers and judges navigate the burgeoning and challenging electronic discovery landscape, the New York State Bar Association has issued guidelines for best practices that offer extensive practical advice on e-discovery issues in state and federal courts in New York.

E-discovery is the preparation, preservation, collection, processing, review, and production of evidence in electronic form — including email, texts, social media, the “cloud,” etc. — in response to business, regulatory, or legal requirements.

Presented in a clear and concise manner, the new publication, Guidelines for Best Practices in E-Discovery in New York State and Federal Courts is available free of charge at www.nysba.org/e-discovery.

State Bar President Vincent E. Doyle III of Buffalo (Connors & Vilardo LLP), said, “Whether documents are stored on Facebook, in an iPad, in email, or in the “cloud,” members of the legal profession must understand their legal responsibilities in preserving, collecting and producing the electronically stored information. In a world where e-discovery is fast becoming standard ‘discovery,’ it is imperative that lawyers understand this emerging area of evidence so we can fulfill our obligations to our clients and the courts.

via New York State Bar Association Releases Practitioner’s Guide to E-Discovery.

Acquisition Finance Watch: Autonomy Doesn’t Come Cheap for HP | westlawbusiness.com

(Business Law Currents) Hewlett Packard’s bid for the UK’s Autonomy Corp. shows that bulldog tenacity is not the exclusive province of the Scepter’d Isle. HP has not only extended the timing of its bid but is raising an impressive war chest to fund the acquisition; choosing to issue $4.6 billion in global notes to supplement its existing certain funds package.

As with HP’s $5 billion May notes offering, HP’s Deputy General Counsel, Paul T. Porrini, passed on the notes’ validity, relying upon an opinion by Gibson, Dunn & Crutcher on issues of New York law. Cravath, Swaine & Moore represented the underwriters.

Having only gained acceptance from 41.6% of Autonomy’s shareholders, HP has extended its bid until October 3 and it is putting that extra time to good use with an additional debt issue in the U.S. An unusual feature for the UK where the takeover code requires bidders to have obtained certain funds packages before making an offer.

Under the terms of the UK’s takeover code, companies offering cash consideration for a publically traded company are required to include a cash confirmation (generally from the bidder’s financial adviser) that the offer has sufficient funding in place to satisfy the full acceptance of the offer.

HP duly included a cash confirmation from Barclays Capital and Perella Weinberg Partners in its offer document that it had sufficient resources to satisfy the offer but the delay caused from the lack of acceptances appears to have opened up the possibility of obtaining additional debt funding. The additional debt funding raises the possibility of HP reducing its reliance on bank debt and even perhaps to raise its offer should a rival bidder emerge.

via Acquisition Finance Watch: Autonomy Doesn’t Come Cheap for HP.

Confirmed: HP Offers to Acquire Autonomy for $10.2 Bil in Cash

HP’s third quarter earnings release confirms the offer to acquire information management software vendor Autonomy. As CMSWire readers know, Autonomy is also the proud owner of the assets once known as Interwoven. This makes for yet another exciting purchase in our sector, most recently following Oracle’s acquisition of Fatwire Software.

To quote from their earnings highlights, one bullet point reads thus: “Offer to acquire Autonomy, a global leader in infrastructure software for the enterprise, to accelerate expansion in rapidly growing enterprise information management market.”

Autonomy’s software powers a full spectrum of enterprise applications, including pan-enterprise search, customer experience management, information governance, eDiscovery, records management, archiving, business process management, web content management, web optimization, rich media management and video and audio analysis.

According to HP, the addition of Autonomy’s business units will accelerate HP’s ability to deliver on its strategy to offer cloud-based solutions and software that best addresses the changing needs of businesses.

via Confirmed: HP Offers to Acquire Autonomy for $10.2 Bil in Cash.

Office 365 goes live, gives SMBs a taste of the enterprise

Microsoft today launched Office 365, its cloud-based productivity and collaboration suite, in 40 countries around the world. Office 365 combines access to Exchange e-mail, Lync messaging, SharePoint collaboration, the Office Web Apps, all into one monthly subscription.

Seven different price plans are available; one for small businesses and individuals, at $6 per user per month, four enterprise plans from $10 to $27 per user per month, and two for kiosk workers, priced at $4 and $10 per person per month. The small business and enterprise plans all offer 25 GB of e-mail, SharePoint access, and Lync messaging; the more expensive price tiers then add Office Web App access, the full desktop Office suite, and Lync voice capabilities. There’s also an à la carte option allowing mix-and-match selection of features if the standard plans don’t fit an organization’s needs. The enterprise plans are more expensive than the comparably featured small business plan, but offer better support—the small business plan has no phone support—and better security—HTTPS access to SharePoint is only found on enterprise plans.

via Office 365 goes live, gives SMBs a taste of the enterprise.

Clearwire Offers 4G Prepaid Service – WSJ.com

Clearwire Corp. unveiled a pay-as-you-go mobile-broadband service on Monday that uses its fourth-generation wireless network, as the company seeks to attract a new class of customers before rivals launch competing plans.

The service, called Rover, is launching in all of Clearwire’s 49 markets that offer its 4G wireless technology. With Rover, Clearwire is targeting 18- to 24-year-old customers who want to be constantly plugged into the Internet but don’t want to be locked into contracts.

The target customers “come to expect high-speed Internet whenever they connect,” Seth Cummings, a Clearwire general manager, said Monday.

The service costs $5 a day, $20 a week or $50 a month for unlimited 4G usage but requires the purchase of either a “puck,” a portable Wi-Fi hotspot that will support up to eight devices, costing $150, or a “stick,” which supports one device and costs $100.

via Clearwire Offers 4G Prepaid Service – WSJ.com.