Jason Fried: "Why Work does not Happen at Work"

I found this talk on Ted.com by Jason Fried : "Why Work does not Happen at Work"
I am reproducing Jason's talk here in order to spread the idea which I wholeheartedly endorse.
On a related point, people learn, think and process in different ways.It's a pity that many decision makers in industry know little to nothing about cognition, so most workers are herded into one type of working environment under the misconception that there is one way to learn and one type of environment to work in. Creative people and deep thinkers thrive if given the freedom to express their perceived off-kilter views in an atmosphere of openness and respect. This means the freedom to work in multiple environments which are not necessarily enclosed within an office space.

It's not just that great ideas come from people who are allowed space and time for creativity, but that there is a need for education of managers to understand differences in cognitive processes. Not all jobs use the same processes for analysis, perception, reasoning, or mechanical or emotive abilities. So to reduce the intellectual thought processes that comprise analysis, reasoning and judgment into a set of discrete steps that can be read by a computer is really an artificial construct. It's the bean-counter trying to measure a concept he has no real understanding of. It's like trying to capture the air we breathe and put a price on it.
Heaven forbid that the day comes when we have to pay for the privilege of thinking. Then we'll really know that the machines have taken over!

Frangipani- A Poem of Loss

My blog is a little different today. If I were a musician I would express myself with music, but having no such God-given or acquired talent, I will say it with poetry.
Some things are too difficult to reveal, so we have to find ways of release that don't betray too much or make the reader uncomfortable.

FRANGIPANI- A POEM OF LOSS

How can one fragrance open so many of the senses?
Tonight I breathe the scent of frangipani and have the sensation that I am falling backwards in time.
To a place where I used to live.
Memories tumble back haphazardly into my mind,
From wherever they have been all this time.
Where do thoughts go when we're not thinking of them?
Where do they reside?
I wonder what is the common denominator for all things:
Thoughts, feelings, objects, time, colour, music.
Love and death, father, mother, child and God.
Experience is a teacher but we imperfect beings don't always learn the lessons.
Some of us never do.
Intuition is the only teacher when all else fails.
Life is what it is.
Are we never to know the answers?

Or maybe death is the only key to the mysteries
Maybe it is the door to truly knowing.
I cannot conceive of nothingness
My mind is not capable of such a concept
Black holes make sense
But my not existing does not
Some things I experience fill me with a sense of such deep happiness
and fulfillment,
That nothing else matters in that moment
I am complete, filled up, and there's no room for wondering,
what more there is.

Frangipani, oleander, gardenia, jasmine and lilacs
Their fragrance take me to a place where there is nothing
But sensation in the moment
Pure and sensuous pleasure
In those moments I surround myself with music
Heart beating in an ancient rhythm.
And then I know I feel
And I know how truly alive I am
And I have so much love to give...

Will I ever see the ones I have loved,
Are they truly lost forever?
Why is it so real when we see them in dreams.
Is there a place where we meet again.
And when we get  back to that original state of being,
Will we know each other again?

YouTube Blog: Wong Fu film premieres on YouTube

YouTube Blog: Wong Fu film premieres on YouTube I just spent one hilarious half hour watching these talented guys of Wong Fu productions, in their first film premiering on You Tube. I really hope this goes viral! Have a look at this short movie and spread the link around.

Social Media and its Impact on E-discovery

  This is my latest writing on JD Supra which is a professional site on LinkedIn for posting up articles, news, legal and related information, and re-purposed blogs etc.

Social Media and the Implications for E-Discovery

It’s 8 o’clock. Do you know where your employees are?

It seems to make no sense to ask such a question, does it. After all what employees do on their own time has always been considered none of an employer’s business and to ask may seem to border on invasion of privacy.

The question we need to consider though is “Are the times changing so much that we should wonder what goes on outside the office walls?”

In a world of instant distributed access, hitting the ‘send’, ‘post’ or ‘publish’ button can be added to the old Chinese saying “Four things come not back: the spoken word, the spent arrow, the past life, and the neglected opportunity.”

The prevalent use of social media as a form of global grapevine has revolutionised the way we communicate, collaborate, and form popular opinion. The use of social media by employees has also impacted on the way that companies need to view the extent of the data that needs to be preserved in the event of a litigation hold.

The ubiquitous nature of social media gives rise to several issues that every Legal Department should be cognizant of.

A major one would be to recognise the true extent of the data to be captured in order to be litigation ready. Most responsible companies these days already have some system which mines the data from emails, file shares, document management systems and other repositories which store the myriads of documents and communications which pass between employees. But recently the courts have had to consider the completeness of disclosure in e-discovery situations. Turns out that there is much more to be disclosed than soft copies of documents. And this is where the legal department needs to get up to speed on the full impact of social media upon the e-discovery process.

Courts are being called upon to consider for the first time, whether statements, commentary and postings made by employees on social networks such as Facebook and Twitter, are discoverable. Statements made in instant messages (IM’s), group discussion boards, forums, and conceivably skype and the new google chat, are open for legal debate in the courts. And ‘data’ extends to that kept by employees on mobile devices such as blackberries, iphones, ipads, laptops and the new generation of tablets currently hitting the markets. Data is also to be found in “the cloud”, whether it lies on hosted servers or in the public cloud.

The kinds of social media platforms and the devices that enable their use are changing at such a rapid pace that e-discovery rules lag behind in their application. The courts are therefore being called upon to rule on matters on which there is no solid guidance. Judge Stephen Robinson, now a partner with the firm of Skadden, Arps in a recent webinar produced by the New York Law Journal made the point that not all judges are familiar with the technology systems that support social media. Courts assume that documents (and by extension, data), are collected, retained and easy to find. So it is in counsel’s interest to set the scene depicting “information at large” in social media, and explain the technology and the terms to the Court.

It is clear is that the rules of litigation have changed irrevocably and we are sailing in uncharted waters. It is for this reason that advice coming from commentators is about the prudence of instituting a social media policy. The first step is to understand your data universe. A survey of social media use last year showed that about 50 % of companies have some sort of presence on social media sites, whether on LinkedIn, MySpace, Twitter, Digg, YouTube, Facebook ,blogs etc. Not as many as 50% have a social media policy though. Many companies today adopt the conservative approach to the use of new media and social media, under the misapprehension that proscribing the use of the internet during work hours somehow makes employees produce more work.The efficacy of such policy is another debate for another time. Suffice it to say that in a world of mobile personal connectedness, there is far more information from and about your company floating around the internet than you are even aware. Witness photos and real time “video in maps” from sources such as Bing Maps and Google maps which stitch photos from individual contributors, including photos on Flickr to give us a bird’s eye view of office buildings and more in town. Not to mention blogs,micro blogs,wikis (“law-wiki” is a recent one rating law firms and lawyers), Twitter, instant messaging and chats, and the list expands rapidly. Information is written about your company in the social media sphere, whether you like it or not.

Even a recommendation from a supervisor on LinkedIn can resurface as evidence in a wrongful dismissal suit.

So it is in your interest to ‘get with it’, see what is being said about you, and join the discussions.

Keep up to date with the happenings in social media.Place yourself on wikipedia and law-wiki before someone does it for you. In other words, do the damage prevention before you have to do damage control.

Some commentators have observed that one can safely assume that nothing that gets uploaded on to the internet is ever really destroyed or gone forever. Deleting an item may move it out of sight, but the content may have migrated and been spread to another place on the web through a third party. And this may not be malicious at all. A friend could share data (whether it’ s photos or writings), innocently enough. A sent and deleted email could already have been forwarded by the recipient to a third party. Search engine spiders or bots trolling the web periodically, have already indexed the web page on which the posting was made. (And scarily, a criminal record though expunged from the records, may still be found in an archived paper or magazine online).

So this is a sample of the data universe in which e-discovery has to take place in today’s digital world. The current uncontrolled reach of relevant information gives rise to issues of possession, custody and control of data during e-discovery. Both General counsel and External counsel need to be aware that information exists in places beyond the reach of the data management systems and the custodians thereof. Counsel needs to be aware of what exists too, because what he requests of opposing counsel is what he will be expected to produce for his own client.

When employees post statements (say for example, on Facebook) that may be of relevance in a potentially litigious matter, the question that often arises is, within whose possession, custody and control are those statements. The issue of compellability of such evidence rests upon the relevance of the data, and how much of a burden is its retrieval. Privacy concerns are also factored in.The issues of whether or not Facebook can be compelled to produce defamatory statements made by employees, who have made those statements under their page ‘privacy’ setttings are matters that are currently making the court circuit. It is a nascent area of law and it would be interesting to see where this is all going to lead.

A social media policy is arguably the best protection in a charge of incomplete discovery of documents in an action. Given the dearth of legal procedural rules to guide social media discovery, a company’s best offence is said to be a written policy.It is more defensible to refuse to give up data when you can show that you did everything to follow your policy.This gives the court some reference for making a ruling.

Here are some factors I have pulled together, which should be addressed when drawing up a social media policy for your employees. These include:

• Educate employees, management, C-Suite and the leadership about general benefits and the risks and repercussions of the use of social media
• Identify an officer to monitor the social media environment for the latest development in new media and your company’s name in it (e.g. new wikis, new features in web applications -eg geographical mapping where your company might show up without your knowledge, new search features etc)
• Data-map the social media sites that employees are using to guide the defensibility of non-disclosed data
• Map where the data resides so it can be tracked quickly in the event of a litigation hold
• Where data is in the private cloud in the form of wikis and blogs and such, determine a time period for retention and disposal
• Identify the departments that should be involved in the ‘custodianship’ of social media data (is it IT, Legal, HR, and/or practice group?), as part of a litigation readiness program
• The policy itself should be short, simple and concise. The more detailed you make it, the more you open the door to an employee thinking that what is not specifically prohibited, is permissible.
• Educate employees about what constitutes defamatory material-what is not acceptable
• Proscribe the divulgement of trade secrets, confidential and sensitive information
• Be clear on what kinds of documents/statements made by employees, are privileged and not
• Document best practices and update policy regularly, in light of the changing face of social media

Save the Wave: Creative Ways to Use GoogleWave

I read a blog post a while back, which referred to news of the anticipated demise of Google Wave.
The comments about wave were less than favorable.
To sum up , it was basically “See you buddy, won’t be missing you”.
This probably captures the sentiments of all those people who tried and eschewed the wave, as just another tedious thing to learn. After all email is still the communication medium of choice of office workers everywhere. Anything you find, send it off in an email to everybody else.

I guess it would take something fabulous and out of the ordinary (and VERY easy to use), to   displace email. Don’t get me wrong, I LOVE email and am on it all day, checking every new item that reaches my inbox. I could not imagine life without email after all.
(On another note, the generation born after the Millennials think that email is way too slow. But that is another blog...).
However, who has time to read all the dozens of references sent so kindly to us by co-workers in the spirit of sharing all the good stuff they find online, when time is at a premium and deadlines are to be met. It’s interesting to read “Look what I found about the feedback on the Galaxy Tab, or sales of the Ipad, or about “The Apprentice”, or even a very relevant link to a topic that’s related to a work project on your schedule. But you don’t need all those article links in your inbox. It just creates a mountain of data  to wade through.
Worse yet, when you’re ready to settle down to work on that project, you may not remember that little link that you or some kind co-worker found, way back in April. You could do an email search, but it brings up a host of irrelevant ones.
Now this is where I have been using the Wave to great advantage, and I’ve been asked before, why Wave, when there’s Google Docs.
My answer to that is that Wave is so much more.
I think Google Docs is a great tool for working on a document in collaboration with other people. Several persons can work on the same doc at the same time, editing and adding, thereby shortening time spent back and forth between contributors. You can add links and pictures as well.
However I see Google wave as being open to several other uses (and being more user friendly for those uses).

To create new ideas and designs
It is a wonderful tool for a project/team/business manager, or anyone who holds a lead role. I see it as a repository for all kinds of wonderful stuff that could seed the next great idea or service or product for a business.
Let’s say we are thinking of what’s on the agenda for next year’s customer or client offerings and need to brainstorm the ‘what can we create’ process.
Well the wave is a super e-bank for storing all bits and pieces of information that we find interesting and possibly predictive of future trends. Any item, in any electronic medium could be a diamond in the rough that if you look closely and think about long enough, may spark a new idea. You can open a new wave for every new topic or subject matter you want to develop. It then becomes a convenient drop-box where anyone you’ve  added to the wave, can leave anything they find related to that topic. So let’s say our company is in the business of designing baby products. You can open a wave for the next new baby design. Now anyone in your company who is not even on the design team, can contribute their ideas. Every person who is a parent, or takes care of babies, may have some views they want to express. E.g., They want a particular kind of bag with so many pockets, compartments etc , to hold certain baby items when taking baby out. Some people might have come across pictures of bags/receptacles that are native to some far flung community for instance, which might be a worth looking at as a model. These pics may be thrown in as well. Someone could have come across an article dealing with issues moms face that could shed some light on their needs from a  design or health standpoint. A link to the latest amendments to regulatory standards. An interview that discusses fashion trends for next year. A video from any source that shows parents toting babies around in the mall, the streets, the park, the beach etc. A news documentary, a book, a magazine. In short a cornucopia of raw data from different electronic media, plus staff just posting up their thoughts in a conversational format. Perhaps links to blogs, tweets, facebook pages etc etc.
The thing to note here is that each piece of information or link in the wave may not be of much use by itself. However, when you look at all this stuff from a larger, global type perspective, you may see an idea emerging. Something begins to take shape and assume a form, and this could  be the genesis for the next new product you design. The stuff in the wave are simply the touch stones which may set off the lightbulb in your head. I see it as a great medium for collaboration to take place in, among people from different kinds of disciplines, who come at the same issue from different perspectives.For example people with scientific, artistic, business economic or marketing backgrounds, giving their take on the same issue, but informed by their particular type of training and experience.

So those were detailed examples of kinds of data that can be thrown into the wave.
Here are some other ways that the wave can be used:

For project leaders to see what data team members have come up with so far on a creative project.
Project design and management software the wave is not. But instead of sending emails to update or share information with the team, the wave is one central location where the leader or members can see all the information that’s available on the project so far. Links can be pasted to documents, charts, memos, and other works related to a project.This use may be of interest to the smaller businesses who don’t have funds to purchase expensive software.

To collect relevant information and data, to write that next article, assignment, or book
I am constantly collecting information from all kinds of web sources to  inspire me to write something new, whether it’s for my blog, or a work related article.
Some of the material I collect is my research for writing, or simply to educate myself about a subject I am interested in.
There are many very good add-ons and extensions which work with my browser (Firefox), which have become indispensable to help organise my work. I mentioned several of them in my last posting about the old ways and good days (zotero, pearltrees, read later, delicious etc).
These add-ons are excellent for helping me capture links or screen shots of webpages which contain information I want to store for later. Sometimes I don’t have time to read it, so one click on my ‘Read Later’ button ensures I can find all of them together when I want to sit down for a good read.
However when I am ready to put together a piece for a presentation, blog, article, paper etc, it helps to pull only the relevant web pages together in a wave, for there’s a mass of interesting info that I’ve collected in these other bookmarking tools.
Usually though, when I am not generally browsing, but searching for specific topic-relevant info, I put them straight into the wave. This way I only have highly relevant data that I know I want to use to construct the piece.

I was very disappointed to hear the news of the Wave’s possible/probable/certain? demise.
Now what will I use that is free, to do all the stuff I described above?

I am open to any and all suggestions.

Old Ways and Good Days?

I am working on a new article for posting on JD Supra and find myself challenged to locate my source material and quotes, despite the cool technology aids I have on my computer.
I use add-ons such as zotero, pearltrees, read later, amplify and delicious (not all at once...that would lead to chaos), in order to store webpages and snippets of research for later, or to comment on. I extract informational gems I wish to keep together and put them in one location in a google wave for easy retrieval when I'm ready to write on a particular topic.
When first I started, I compared the way that technology enables me to work faster and more efficiently than the days of yore. In pre-digital days one would collect numerous tomes, or pages thereof with the prized information that would form the basis of one's next great discourse. A large table or desktop ( latter not to be confused with the machinery that sits on the top of a desk), was essential to the whole writing process as one had perforce to spread out all the necessary papers in order to organise one's thoughts and information.

Then along came the internet. And then came the more recent advent of applications, add-ons and such, with which to make the internet more easy to use, and use more of it.
The above-mentioned add-ons have enabled me to collect so much information from scholarly and news sources, and it's all stored on one little portable machine. And I don't even need a large desktop (or top of a desk), to keep all the stuff on!
So here I am with tons of research purportedly at my fingertips and it should be a cinch to write an article. Right?
Well, truth be told, I am butting up against the bane of technology...information overload!
To be using that term today is so 'yesterday', I know, I know, but here's the thing:
I am finding that while I can open several windows and tabs with the various sources of information (usually articles, whitepapers etc etc), there just isn't enough real estate on a laptop screen to view it all in perspective.
Woe is me!! I got the smallest one that is not a netbook, in order to tote it around without it steadily becoming heavier, as light things are known to become with distance (ever held a newborn for hours at a time?).
But even if it were a large screen, desktop or laptop, it really would not be able to give me that facility of the days of yore.
You see, it's a matter of being able to put it all in visual perspective. When I had my papers spread out on the traditional desktop, I got a bird's eye view of all the information I had. Somehow seeing it from that overview, makes a difference. It's like looking at a puzzle and seeing where all the pieces should fit. Even though Windows 7 allows me to snap to two screens quickly, and I could open more screens if I wanted to, it's not the same. The screen shots get too tiny to be of any real use. And I have so much information now, that it's quite tedious to go into each source to extract the passages or pertinent parts that I would want to refer to in the article I am writing.
I never thought I would be saying this about enabling technology, but today I am a little nostalgic for the old days and the older ways, when life was much less complex.

Saturday and the City

One lazy Saturday morning in the city...

What a way to live I thought. Strange enough, there are ways to find serenity in a big, busy city.
Toronto is not New York, but we do have a population of about 5 million in the GTA.
The metro area in the city centre has a concentration of about 2.5 million.

So how I found my serenity in the downtown core of this busy city...
It is rather easier on a Saturday morning when the business folk take the time to reconnect with living outside the office domain.I did what I felt like yesterday and this is how it went.

Got up early and was out for a trot walk by 8am. I took the tree and garden-lined streets with names like Kilbarry and Dunvegan to find my way to Lonsdale Road where I turned towards Spadina and stumbled happily upon Forest Hill Village. See http://en.wikipedia.org/wiki/Forest_Hill,_Toronto

This village is tiny and oh so charming. The pic here doesn't do it justice as I did not use my camera.
I stored it away in my mind for breakfast at some future date.

Being near St Clair, I walked down to the streetcar line and waited for the streetcar to take me to the subway station. There I found Ms Recently Divorced and got into a conversation with her. (That's how I know she was recently divorced). I used to think it is unusual for Canadians to strike up conversations with strangers, but more and more I am finding this is not true. Some people are quite willing to talk, if given a chance, though it is evident that the older folk are somewhat more delighted to of share themselves.
Ms R.D. was probably in her 50's and was starting life over after 17  years of marriage in a city she had returned to after spending most of her life away. That's tough and she said as much.
I rather enjoyed listening to her and offered moral support.
Then the streetcar came along and we separated.
I got on the train to take me downtown to the St Lawrence Market where I would normally drive to pick up veggies for the week. But not this morning...I had other things on my mind.
Breakfast in the market, yummmm!
But there was one sour note though. I discovered that a $20 bill had fallen out of my unzipped pocket somewhere on my way. I had stuffed a couple bills there as I could not take anything else during a morning jog. I was truly miffed at my loss. Anyway I had a $10 left and that was more than enough for a market breakfast. So I chose to get something from Mustachio's , the Italian place which had a Saturday special for under $4, excluding coffee.It was really not the best choice. I had the western omelette without the ham and absolutely did not enjoy it!. Eggs were overcooked and there was nothing in it but cheese...Aren't there supposed to be some onions and green peppers in there too?
But nothing was going to spoil my Saturday city jaunt, no sirreeee.
I wandered about the south market which is an inside market on two levels.
Website is here
It was really lovely. So many people to bump into, families, screaming kids...ok, maybe they weren't all screaming , but i did hear a baby...
The shops are sooooo enticing. I spent more than half an hour in the kitchenware shop. They have everything there! There's been so much stuff invented for needs you did not even know you had in the kitchen.
 Get this, tiny plastic 'pinch' bowls to elegantly dispense your spices and herbs into your cooking pot. The inventory of gadgets would have driven my dad into ecstasy. Dad so loved to buy useless kitchen stuff which my mom would store in a cupboard somewhere, as dad never did cook. I even saw my briki (at a much higher price than I paid), and the most darling little ceramic kitsch to hold your olives, sugar cubes, berries and heaven knows what else.
There's a bakery, several cheese shops, a mustard shop, olive oil shop and so much more.

Here's an (admittedly bad) pic of the mustard shop with some olive oil over top.

And a group of musicians who were playing classical music at the entrance door.

And I saw the oddest dog outside the market. Let's just call her "Mop the Dog" because that 's exactly what she looks like!:

    

After the market I went across the street to the gardens on King Street. This little park is even more beautiful now, late in summer.

Here's what the flower garden looks like:

      

And I saw these pigeons taking a bath in the fountain...lots of pigeons:

      

Later in the afternoon I went to the hall on Bloor and Spadina and danced salsa to my heart's content.

Maybe not totally though. I can never get enough salsa and this evening I'll be going for more at Dovercourt House.

I so enjoy living in this city!